HomeMy WebLinkAboutPD-43-99
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ON: cofa-gpa
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
General Purpose and Administration Committee
File#Vf3 CO
Res. #GP(\ - ';;l.~<1-q'1
Date:
Monday, May 3, 1999
Report #:
PD-43-99 FILE #: A99-009 and A99/010
By-law #
Subject:
MONITORING OF THE DECISIONS OF THE COMMITTEE OF
ADJUSTMENT FOR THE MEETING OF APRIL 22, 1999
FILE NO'S.: A99/009 AND A99/010
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-43-99 be received;
2. THAT Council concur with the decisions of the Committee of Adjustment made on
April 22, 1999 for applications A99/009 and A99/010; and
3. THAT Staff be authorized to appear before the Ontario Municipal Board to defend
the decisions of the Committee of Adjustment for applications A99/009 and
A99/010, in the event of an appeal.
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.
2. Application A99/009 was TABLED until all outstanding comments are received and
all concerns are addressed.
3. Application A99/010 was APPROVED as applied for, subject to the applicant
executing and registering an agreement on title of the subject property and easterly
abutting property within sixty (60) days of the decision.
630
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REPORT NO.: PD-43-99
PAGE 2
The application was heard previously as A 98/033, submitted by the former
property owner. The application was approved subject to the same sixty-day
condition but lapsed, as the applicant did not meet the conditions.
The subject dwelling was constructed in 1988 and did not meet the requirements of
the Zoning By-law or the Ontario Building Code. Windows are not permitted on
walls where there is less than 1.2 metres (4 ft.) between the wall of the dwelling and
the property line. Where there are 1.2 metres or more, a maximum of 7%
unprotected glazed openings are permitted.
From the survey provided by the applicant, it would appear that there would be
sufficient spatial separation between the subject dwelling and the dwelling on the
easterly abutting property to permit the maximum of 7% unprotected glazed
openings. The survey indicated a total of 2.46 metres (8.07 ft.) between these two
dwellings. In consideration of the above, the Building Division supported the
appl ication provided an agreemerit was registered on title of the subject property
and the easterly abutting property prohibiting further construction of buildings and
structures between the dwellings.
The agent for the new owners has assured Committee that the required agreement is
written and signed by both property owners and that sixty days is sufficient for
execution and registration of the agreement.
4. The purpose of each minor variance application and the Committee's decisions are
detailed in Attachment No. 1.
5. 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 minor in nature and desirable.
631
REPORT NO.: PD-43-99
PAGE 3
6. 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 of any decision of the Committee of Adjustment.
Respectfully submitted,
Reviewed by,
dv~~~
Franklin Wu, M.C.I.P., R.P.P.,
Chief Administrative Officer
a . Crome, M.C.I.P., R.P.P.
Acting Director of Planning & Development
SL *LDT*DjC*cc
23 April 1999
Attach.
632
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A99/009
********************
APPLICANT: C/O FRED SIMKINS
AGENT: R.W. BRUYNSON INCORPORATED
PROPERTY DESCRIPTION
1437 HWY NO. 2
PART LOT: 35 CONCESSION: 2
TOWNSHIP: DARLINGTON
PLAN NUMBER:
ZONING: C5
HEARING DATE: 22-Apr-99
DECISION: TABLED
APPEAL DATE: 12-May-99
MINOR VARIANCE:
TO REDUCE THE FRONT YARD SETBACK FROM 15 METRES (49.2 FT) TO 4
METRES (13.1 FT) AND TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM
10 METRES (32.8 FT) TO 3.5 METRES (11.5 FT).
REASON FOR DECISION:
THAT THE APPLICATION BE TABLED UNTIL ALL OUTSTANDING COMMENTS ARE
RECEIVED AND ALL CONCERNS ARE ADDRESSED.
633
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A99/010
********************
APPLICANT: STANDEN, ROBERT & JENNIFER
AGENT: JOHN M. KAVANAGH
PROPERTY DESCRIPTION
1 FIRWOOD AVENUE
PART LOT: 31 CONCESSION: 3
TOWNSHIP: DARLINGTON
PLAN NUMBER: 10M-783 -L
ZONING: R2
HEARING DATE: 22-Apr-99
APPEAL DATE: 16-May-99
DECISION: APPROVED
MINOR VARIANCE:
TO REDUCE THE EXT SIDE YD SETBACK FROM 6 M TO 5.43M TO RECOGNIZE
THE EXISTING DWELLING, & TO REDUCE THE EXT SIDE YD SETBACK FROM
4.5M TO 3.75M TO RECOGNIZE THE EXISTING STEPS, & TO REDUCE THE INT
SIDE YD SETBACK FROM 1.2M TO OM, TO RECOGNIZE EXISTING DECK
REASON FOR DECISION:
THAT AS THE APPL'N IS CONSIDERED IN CONFORMITY WITH THE OP & ZB &
IS DEEMED MINOR & DESIRABLE, THE APPL'N BE APPROVED SUBJECT TO THE
APPLICANT EXECUTING & REG' THE AGREEMENT ON TITLE OF THE SUBJECT
LOT & EASTERLY ABUTTING LOT W/IN 60 DAYS OF THIS DECISION
634