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DN; PD-24 -99
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
General Purpose and Administration Committee
File # D\'3.c.o
Res. #G~'ft - /(:JlL;-9~
Date:
Monday, March 22, 1999
Report #:
PD-24-99
FilE #: A981059, A99/002,
A99/003 and A99/005
By-law #
Subject:
MONITORING OF THE DECISIONS OF THE COMMITTEE OF
ADJUSTMENT FOR THE MEETING OF FEBRUARY 25, 1999
FILES: A98/059, A99/002, A99/003 and A99/005
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-24-99 be received;
2. THAT Council concurs with decisions of the Committee of Adjustment made
February 25, 1999 for applications A981059, A99/002, A99/003, and A99/005; and
3. THAT Staff be authorized to appear before the Ontario Municipal Board to defend
the decisions of the Committee of Adjustment for applications A98/059, A99/002
and A99/003 in the event of an appeal.
1. APPLICATION DETAILS
1.1 In accordance with Section 45 of the Planning Act R.S.O. 1990, all applications
received by the Municipality for minor variance are scheduled to be heard within
30 days of being received by the Secretary-Treasurer. The decisions of the
Committee are detailed below.
1.2 Application A981059 was approved as amended. This application was previously
heard and tabled January 28, 1999. The tabling period was for four weeks and was
to allow the applicant time for discussion with Staff to revise the application. A
consensus was reached, the application revised and the variance was granted.
1.3 Applications A99/002 and A99/003 were approved as applied for.
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REPORT NO.: PD-24-99
PAGE 2
1.4 Application A99/005, made by 656150 Ontario Limited with Peter Schewtschenko
as agent, was DENIED. The application was for a reduction in parking spaces from
78 parking spaces as required by the Comprehensive Zoning By-law to 28 parking
spaces, to permit a health club use in the existing plaza.
Although the approval was not consistent with Staff's recommendation, it is Staff's
opinion that it would not be prudent for the Municipality to appeal the application.
The applicant has the opportunity to file an appeal to the Ontario Municipal Board
(OMB) if they so wish. In the event of an appeal, Staff may be subpoenaed to
appear at the OMB hearing to give Planning evidence. The Committee of
Adjustment has not always concurred with Staff's recommendation. It has not been
Council's past practice to appeal these decisions leaving that option with the
applicant.
1.5 The purpose of each minor variance application and the Committee's decisions are
detai led in Attachment No.1.
1.6 With the exception of A99/005, Staff have reviewed the Committee's decisions and
are satisfied that all decisions are in conformity with the Official Plan policies,
consistent with the intent of the Zoning By-law and those approved are minor in
nature and desirable.
1.7 Council's concurrence with the Committee of Adjustment decisions is required in
order to afford Staff's official status before the Ontario Municipal Board in the event
of an appeal (last date of appeal March 17, 1999) of any decision of the Committee
of Adjustment.
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REPORT NO.: PO-24-99
PAGE 3
Respectfully submitted,
Reviewed by,
o "aJlJl-e&
Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officer.
Da d. rome, M.C.I.P., R.P.P.
Acting irector of Planning & Development
SL *DC*df
5 March 1999
Attachments .
607
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/059
********************
APPLICANT: BRUYNSON, NANCY J.
AGENT: BRUYNSON, RICHARD W.
PROPERTY DESCRIPTION
6 HILLSIDE DRIVE
PART LOT: 25 CONCESSION: 6
TOWNSHIP: DARLINGTON
PLAN NUMBER:
ZONING: RH
HEARING DATE: 25-Feb-99
DECISION: APPROVED
APPEAL DATE: 17-Mar-99
MINOR VARIANCE:
TO CONSTRUCT AN ACCESSORY BUILDING AT 108 SQ M (1163 SQ FT) AND TO
INCREASE THE HEIGHT OF THE ACCESSORY BUILDING FROM THE MAXIMUM OF
5 METRES (16.4 FT) TO 7.5 METRES.
REASON FOR DECISION:
THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE
OFFICIAL PLAN AND ZONING BY-LAW, AND IS DEEMED TO BE MINOR AND
DESIRABLE, THAT APPROVAL BE GIVEN FOR AN INCREASE IN HEIGHT TO
6.5M IN THE AREA OF THE CRAWL SPACE DOOR.
608
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A99/002
********************
APPLICANT: GAY FAMILY PARTNERSHIP
AGENT: J.D. BARNES LIMITED
PROPERTY DESCRIPTION
47 CALECHE AVENUE
PART LOT: 30 CONCESSION: 2
TOWNSHIP: DARLINGTON
PLAN NUMBER: 40M-1939 -5R
ZONING: Rl
HEARING DATE: 25-Feb-99
DECISION: APPROVED
APPEAL DATE: 17-Mar-99
MINOR VARIANCE:
TO FURTHER REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 4.75 M
(15.58 FT) [APPROVED BY A98/042], TO 4.66 M (15.3 FT).
REASON FOR DECISION:
THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE
OFFICIAL PLAN AND ZONING BY-LAWS AND IS DEEMED TO BE MINOR AND
DESIRABLE, THAT APPROVAL BE GIVEN FOR THE REDUCTION OF THE
EXTERIOR SIDE YARD TO 4.66 METRES.
609
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A99j003
********************
APPLICANT: HALE, JAMES WILLIAM
AGENT: CUREATZ, SAM L.
PROPERTY DESCRIPTION
4301 WALSH ROAD
PART LOT: 18 CONCESSION: 4
TOWNSHIP: CLARKE
PLAN NUMBER:
ZONING: A-I
HEARING DATE: 25-Feb-99
DECISION: APPROVED
APPEAL DATE: 17-Mar-99
MINOR VARIANCE:
TO REDUCE THE REQUIRED LOT FRONTAGE FROM 30 M (98.4 FT) TO 9 M
(29.5 FT) TO PERMIT THE SEVERANCE OF A SURPLUS DWELLING.
REASON FOR DECISION:
THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE
OFFICIAL PLAN AND ZONING BY-LAWS AND IS DEEMED TO BE MINOR AND
DESIRABLE THAT THE REDUCTION IN FRONTAGE TO 9 METRES BE APPROVED
610
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A99/005
********************
APPLICANT: 656150 ONTARIO LIMITED
AGENT: SCHEWTSCHENKO, PETER
PROPERTY DESCRIPTION
1427 KING STREET EAST
PART LOT: 35 CONCESSION: 2
TOWNSHIP: DARLINGTON
PLAN NUMBER:
ZONING: C1
HEARING DATE: 25-Feb-99
DECISION: DENIED
APPEAL DATE: 17-Mar-99
MINOR VARIANCE:
TO REDUCE THE REQUIRED NUMBER OF PARKING SPACES FOR A HEALTH CLUB
USE IN BUILDING C, FROM 78 SPACES TO 35 SPACES.
REASON FOR DECISION:
THAT AS THE APPLICATION IS DEEMED NOT TO BE MINOR IN NATURE, NOR
DESIRABLE IN NATURE FOR THE AREA, THAT THE APPLICATION BE DENIED.
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