HomeMy WebLinkAboutPD-31-98S
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN:PD3156.GPA
REPORT
Meeting: General Purpose and Administration Committee File # \3 .C..,U
Date: Monday, March 2, 1998 Res. # ~' ~ " I a3 ~ q ~
Report #: PD-31-98 File #: A97/037 By-law #
Subject: ONTARIO MUNICIPAL BOARD DECISION ON AN APPEAL OF THE DECISION
OF THE COMMITTEE OF ADJUSTMENT - CHIASSON
PART LOT 10, CONCESSION 1, FORMER TOWN OF BOWMANVILLE
42 SIMPSON AVENUE
FILE NO.: A97/037
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-31-98 be received for information;
1. APPLICATION DETAILS
1.1 On May 14, 1997, an application for minor variance was received by the Planning
Department for the property at 42 Simpson Avenue. The property is located at
the corner of Simpson Avenue and Jane Street (Attachment No. 1). The applicant
proposed to construct a 1.8 metre (8.0 ft) high privacy fence along the exterior
and rear yard property lines of the lot. The location of the proposed fence
encroached into the required 3 metre (9.84 ft) setback from the access to a street
on both the applicant's driveway and the neighbouring driveway to the west.
1.2 The variance applied for was to reduce the required setback for the proposed
fence as follows:
• from 3.0 metres to 1.48 metres (4.84 ft) in the case of the applicant's
driveway; and
• from 3.0 metres to 1.14 metres (3.76 ft) in the case of the neighbouring
driveway (see Attachment No. 2).
608
REPORT PD-31-98 PAGE 2
2. COMMITTEE OF ADJUSTMENT MEETING
2.1 The Committee of Adjustment considered the application at its meeting of June
12, 1997. At that time the Committee TABLED the application to allow the
applicant to revise the proposal. Following the meeting the applicant revised the
application by eliminating the encroachment into the required 3.0 metre setback
adjacent to his driveway. However the applicant still requested a variance to
reduce the setback of the fence from the neighbouring driveway ftom 3.0 metres
to 1.14 metres. The application was rescheduled for July 3, 1998. At the meeting
the applicant advised the fence posts were now cemented in place in accordance
with the revised application.
2.2 The Committee considered the revised application at the meeting and denied the
application as not being desirable for the development of the neighbourhood.
Staff supported the Committee's decision from a safety perspective. The
applicant appealed the decision to the Ontario Municipal Board.
3. ONTARIO MUNICIPAL BOARD HEARING
3.1 The Ontario Municipal Board set February 3, 1998 at 10:00 a.m. in the Council
Chambers to hear the appeal. The Municipality, represented by the Municipality's
solicitor, a member of the Public Works Department, and a member of the
Planning Department appeared at the hearing to defend the decision of the
Committee of Adjustment. The applicant appeared on his own behalf to argue
the merits of the appeal.
3.2 At the hearing the Municipality provided evidence on how the defined 3.0 setback
is applied to the subject property and adjacent driveway. Secondly evidence was
provided illustrating the minimum setback that the Municipality believed the
applicant's fence should provide from the neighbouring driveway. This is
depicted as a triangular area on Attachment No. 3. After hearing all the evidence
609
REPORT PD-31-98
PAGE 3
Ontario Municipal Board members M. Hubbard and S. Rogers provided a verbal
decision denying the appeal and requiring the applicant to remove that part of the
fence which was constructed within the setback supported by the Municipality.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
CP*FW*cd
Reviewed by,
!t
W. H. Stockwell
Chief Administrative
Officer
Attachment No. 1 - Key Map
Attachment No. 2 - Application as filed
Attachment No. 3 - Supported Variance
February 19, 1998
610
Attachment No. 1
AREA SUBJECT TO
® MINOR VARIANCE APPLICATION
42 SIMPSON AVENUE
LOT 10 LOT 9
~~~ ~ i KI G STREET EAST
1~ J Y ~
----J- HOBBS DRIVE
~E .
'~ ~ ~ o
~ ~
_ ~
w
U
Z
~ O
T
i ~_`_
BOWMANVILLE gg7/037
KEY MAP
611
Attachment No. 2
17 T , .~~
1~
V
O
. ~~_` 1 __....
~ ~ 1 f d ~. ,
?I \ _ .. _ _. _ -._ __.. __. N. ]J'S5 E 151.']1
__. _...__ ~ __
Y
i i'•
I for uxc
-__ __ - _. _.. ._
j I
~.
' 1~- ~
.. Q
v it .
..
~ I V
0
o
1 ~
~ _ f_-.. __ - _.._ _. __._
O
O
O Y
~ O
1
V1 iB I.oEi
~
~
~
~ V
3
O O
. ~
~
Z
'\
r r.... Q
Z
1 S \ _:
o
SC
a'I...' ..
IB
Pr w ..~ I
~
~
n
~~, _ - N ]J•55' E 151: eJ ~, ~e nonm
e
>(-
~ .
,~,;
rm ~msm~r
ice.
~'
1....
.
eo sh
iW
^~ .
~
_ ,~
N r i e.a
s
.[.;~ I .. ~. 'Plila ~..~e
~,..
..~. ha.13 ~ ~.1LiL'/1.'i . ~ -
pp ~
~ i~ DC,uG~1A~f
N ]3.55' ~ "
I s> v r, .
7.15 1 . ~
r
J
9-~ r..<.
/ C-~~tss~uu ~aea
~~ /
ms ~(
~
s- -`~~~N7 SFt IN .~R;,
.ol os. xi°o "i:x~
D~~U%JRy- ~ -a `f¢IAnc t~ FENCe (.J.nrµ
/ANE STREET
~'O f qe - _s!rn'unhed b~~ ReyiNeveo °ian h" 6JJ , o
~ 81
_ _ __i I
me le
- 612
N Ifd)1
r
J
2
I.. .U
``V 0.
V y
Q
~i
O +~
ti
h
~ o
m 3f1N3A`d NOSdWIS
0
W
U
Z
a
d a
3 >
C =
d ~ o
Q Q °C E
O H M
a ~ W w
.,.+ y o ~ W
~ a
/y~/~
•~
~ ~ N ~~
~
Y ~, E
~~/
V~ m ~ ~ N
~
W
~
LL
Z ~
~_
x
W
E
o°
ri
I~~
~--'tl
_- E
~
~
-~®
w~6' L
wpG~~
613