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Home My WebLink AboutPD-96-99 REPORT THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT j� /� p(� Meeting: General Purpose and Administration Committee File# V1.3 W o I I Date: Monday, August 30, 1999 Res. 4 c - N0o _" y Report#: PD-96-99 FILE#: A99/028,A99/029 & A99/032 to A99/035, inclusive By-law# Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF JULY 15,JULY 29 &AUGUST 12, 1999 FILE NO'S.: A99/028,A99/029 &A99/032 TO A99/035,INCLUSIVE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-96-99 be received ; 2. THAT Council concur with the decisions of the Committee of Adjustment made on July 15, July 29 and August 12, 1999 for applications A99/028,A99/029 and A99/032 to A99/035, inclusive; and 3. THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for applications A99/028, A99/029 and A99/032 to A99/035, inclusive, 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. Applications A99/028 was APPROVED as applied for, subject to the applicant registering an agreement on title within ninety(90)days,prohibiting the installation of windows along the east wall. The builder had partially constructed a dwelling too close to the east property line to meet the Ontario Building Code(OBC)Requirement of 1.2 metres for a dwelling wall containing windows, and the Zoning By-law requirement of 1.2 metres, for a dwelling with an attached garage. The Clarington Building Department reviewed the dwelling and recommended the proposed windows along the east wall be removed from the plans so the dwelling would then meet the OBC. 3. Applications A99/029,A99/033 and A99/035 were APPROVED as applied for. 653 REPORT NO.: PD-96—" y PAGE 2 4. Application A99/032 was APPROVED as recommended by the Staff,that the shed construction may not adversely impact the existing grading and drainage of the property. 5. Application A99/034,heard at the August 12, 1999 meeting,was TABLED to the next meeting as the applicant did not meet the requirements of the Planning Act to post the sign ten days prior to the Committee meeting. 6. Application A99/030 was an incomplete application and has now been scheduled for the September 9, 1999 agenda. Application A99/031,for 4021 Solina Road,was withdrawn as the application was not required following the Central Lake Ontario Conservation review. The proposed building would not be located inside or within 3 metres of an Environmental Protection Zone. 7. The purpose of each minor variance application and the Committee's decisions are detailed in Attachment No. 1. 8. Staff have reviewed the Committee's decisions and are satisfied that the applications which received approval are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and minor m nature and desirable. 9. 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. Respec ubmitted, Reviewed by, Da d TIMM, .C.I.P.,R.P.P. Franklin Wu,M.C.I.P.,R.P.P., Directo of Planning&Development Chief Administrative Officer SL*DJC"cc 24 August 1999 Attach. 654 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/028 ******************** APPLICANT: W. E. ROTH CONSTRUCTION AGENT: J. D. BARNES LIMITED PROPERTY DESCRIPTION 130 WADE SQUARE PART LOT: 31 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: 40M-1928 -16 ZONING: R1 HEARING DATE : 15-Jul-99 DECISION: APPROVED APPEAL DATE : 4-Aug-99 MINOR VARIANCE: TO PERMIT THE COMPLETION OF A DWELLING BEING CONSTRUCTED WITH A SIDE YARD SETBACK OF 1 . 07 M (3 . 51 FT) , INSTEAD OF THE REQUIRED 1 .2 M (4 FT) SIDE YARD. REASON FOR DECISION: THAT THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH OP & ZONING BL & IS DEEMED MINOR & DESIRABLE, THE APPLICATION BE APPROVED SUBJECT TO THE APPLICANT REGISTERING AN AGREEMENT ON TITLE WITHIN 90 DAYS, PROHIBITING WINDOWS ALONG THE EAST WALL. 0 D D THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/029 ******************** APPLICANT: MCILMOYLE, GORDON & SHARON AGENT: PROPERTY DESCRIPTION 6144 ENFIELD ROAD PART LOT: 31 CONCESSION: 6 TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: EP HEARING DATE: 15-Jul-99 DECISION: APPROVED APPEAL DATE: 4-Aug-99 MINOR VARIANCE: TO CONSTRUCT A DECK WITHIN AN ENVIRONMENTAL PROTECTION ZONE 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, THE APPLICATION BE APPROVED AS APPLIED FOR. oD6 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/032 APPLICANT: STEWART, DOUG AGENT: PROPERTY DESCRIPTION 86 BONATHON CRESCENT PART LOT: 17 CONCESSION: 1 TOWNSHIP : DARLINGTON PLAN NUMBER: 40M-1907 - ZONING: R1 HEARING DATE: 29-Jul-99 DECISION: APPROVED APPEAL DATE: 18-Aug-99 MINOR VARIANCE: TO REDUCE THE REAR YARD SETBACK FROM 6 M TO 4 M TO PERMIT THE CONSTRUCTION OF A DECK, INCREASING TOTAL LOT COVERAGE FROM 40% TO 46% AND REDUCE THE REAR AND SIDE YARD SETBACK TO 0 . 9 M FOR A SHED REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE, THE APPLICATION BE APPROVED AS RECOMMENDED. 0Dl THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/033 ******************** APPLICANT: BEENEN, ROELOF AND VICKY AGENT: PROPERTY DESCRIPTION 76 BOSWELL DR PART LOT: 17 CONCESSION: 1 TOWNSHIP : DARLINGTON PLAN NUMBER: 40M-1907 - ZONING: R2 HEARING DATE: 29-Jul-99 DECISION: APPROVED APPEAL DATE: 18-Aug-99 MINOR VARIANCE: TO CONSTRUCT A DECK ATTACHED TO THE HOUSE, AND SURROUNDING AN ABOVE-GROUND POOL, LEAVING A REAR YARD OF 1 .2 METRES (4 FT) , INSTEAD OF THE REQUIRED 6 METRES (19 . 7 FT) , AND TO INCREASE THE TOTAL LOT COVERAGE FROM 40% TO 49% . REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR. 0D � THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/034 APPLICANT: BROCKINGTON, CHRIS AND KATHRINE AGENT: PROPERTY DESCRIPTION 26 AVONDALE DR PART LOT: 30 CONCESSION: 2 TOWNSHIP : DARLINGTON PLAN NUMBER: 40M-1820 -16 ZONING: R2 HEARING DATE : 12-Aug-99 DECISION: TABLED APPEAL DATE : 1-Sep-99 MINOR VARIANCE: TO RECOGNIZE AN EXISTING SHED WITH AN INTERIOR SIDE YARD SETBACK AND A SEPARATION DISTANCE FROM THE MAIN BUILDING OF 0 . 10 M (4 INCHES) , INSTEAD OF THE REQUIRED 1 .2 M (4 FEET) . REASON FOR DECISION: THAT AS THE APPLICANT DID NOT MEET THE REQUIREMENTS OF THE PLANNING ACT TO POST THE SIGN TEN DAYS PRIOR TO THE COMMITTEE MEETING, THE APPLICATION BE TABLED TO THE NEXT MEETING DATE . - d � 9 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/035 APPLICANT: SHERIDAN, KAREN LOUISE & RICHARD WILLIAM AGENT: HUGHES, JAYNE PROPERTY DESCRIPTION 1697 CONCESSION ROAD 9 PART LOT: 30 CONCESSION: 8 TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: RH HEARING DATE: 12-Aug-99 DECISION: APPROVED APPEAL DATE: 1-Sep-99 MINOR VARIANCE: TO RECOGNIZE AN EXISTING INTERIOR SIDE YARD SETBACK OF 1 . 74 M (5 . 70 FT) , INSTEAD OF THE REQUIRED 2 M (6 . 56 FT) 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 THE APPROVAL BE GIVEN TO REDUCE THE WESTERLY INTERIOR SIDE YARD SETBACK TO 1 . 74 METRES . obj