HomeMy WebLinkAboutPD-39-98
DN:COFA.GPA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administrative Committee File # ~3 ~ LO
Date: Monday, March 23, 1998
Res..t~"-~ P i~ -1 ~C is " `i
Report #: PD-39-98 File #: By-law #
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF MARCH 5, 1998
FILES: A98/001, A98/007 TO A98/009, INCLUSIVE
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-39-98 be received;
2. THAT Council concur with the decisions of the Committee of Adjustment made
on March 5, 1998 for applications A98/001, A98/007 to A98/009, inclusive; and
3. THAT Staff be authorized to appear before the Ontario Municipal Board to defend
the decision of the Committee of Adjustment for applications A98/001, A98/007,
A98/008 and A98/009 in the event of an appeal.
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 A98/001 was dismissed as the existing accessory building has legal
non-complying status and did not require a minor variance.
Applications A98/008 and A98/009 were approved as applied for.
Application A98/007, for a large accessory-building, was denied by Committee as
it was not minor in nature, and was considered not in conformity with the intent
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REPORT NO. PD-39-98 PAGE 2
of the Official Plan and Zoning By-law. Prior to the meeting, two abutting property
owners had expressed their concerns to the Planning Department regarding the
size of the proposed accessory building.
1.3 The purpose of each minor variance application and the Committee's decision are
detailed in Attachment No. 1.
1.4 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.
1.4 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,
i'_ i
Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
SL*CP*FW*cc
Attachment
March 13, 1998
6b6
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/001
APPLICANT: ROTHMAN, KYM & DAVID
AGENT: POLLEY,
PROPERTY DESCRIPTION
4486 FICES ROAD
PART LOT: 35 CONCESSION: 4
TOWNSHIP: DARLINGTON
PLAN NUMBER: - -
ZONING: A
HEARING DATE: S-Mar-98
DECISION: APPROVED
APPEAL DATE: 25-Mar-98
MINOR VARIANCE:
TO RECOGNIZE AN EXISTING QUONSET HUT WITH AN EXISTING SIDE YARD
SETBACK OF 1.04 M (3.41 FT.), INSTEAD OF THE REQUIRED 1.2 M (3.94
FT.) SIDE YARD SETBACK
REASON FOR DECISION:
AS THERE IS NO REQUIREMENT FOR A MINOR VARIANCE FOR THE QUONSET
HUT, WHICH WAS LOCATED IN ACCORDANCE WITH BY-LAW 2111 IN EFFECT AT
THE DATE OF CONSTRUCTION, THAT THE APPLICATION BE DISMISSED.
667
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/007
********************
APPLICANT: BUSH, JAMES & ELLEN
AGENT: TOTH, CHRISTOPHER & LEIGH-ANN
PROPERTY DESCRIPTION
2803 PROVIDENCE ROAD
PART LOT: 4 CONCESSION: 2
TOWNSHIP: DARLINGTON
PLAN NUMBER: - -
ZONING: A-1
HEARING DATE: 5-Mar-98
DECISION: DENIED
APPEAL DATE: 25-Mar-98
MINOR VARIANCE:
TO PERMIT A 148.6 SQ. M (1600 SQ. FT.) ACCESSORY BUILDING AT 91%
OF THE TOTAL FLOOR AREA OF THE DWELLING INSTEAD OF 40% OR 65 SQ. M
(704 SQ. FT.)
REASON FOR DECISION:
THAT AS THE APPLICATION IS NOT MINOR IN NATURE AND DOES NOT MEET
THE INTENT OF THE BY-LAW, THE APPLICATION IS DENIED
668
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/008
APPLICANT: SUTHERLAND, JOCELYN MAE
AGENT: SUTHERLAND, JOCELYN MAE
PROPERTY DESCRIPTION
11 BATES COURT
PART LOT: 10 CONCESSION: 2
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: 40M-1670 -
ZONING: R1
HEARING DATE: 5-Mar-98
DECISION: APPROVED
APPEAL DATE: 25-Mar-98
MINOR VARIANCE:
TO RECOGNIZE AN EXISTING LINKED DWELLING WITH AN INTERIOR SIDE
YARD OF 2.45 M (8 FT.) BETWEEN LINKED DWELLINGS AS OPPOSED TO THE
MAXIMUM PERMITTED 1.5 M (4.9 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, THE APPLICATION BE APPROVED AS APPLIED FOR.
669
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/OO9
****t***************
APPLICANT: MORRIS, BRYAN & LAURA
AGENT: STRIKE, DAN M.
PROPERTY DESCRIPTION
12 ALEXANDER BLVD
PART LOT: 11 CONCESSION: 2
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: - -
ZONING: R1
HEARING DATE: 5-Mar-98
DECISION: APPROVED
APPEAL DATE: 25-Mar-98
MINOR VARIANCE:
TO RECOGNIZE EXISTING DWELLING WITH 13.3 M LOT FRONTAGE, REAR YD
SETBACK OF 4 M WITH DECK ENCROACHING INTO REAR YD LEAVING .91 M TO
REAR LINE, AN EXISTING PORCH ENCROACHING INTO FRONT YD SETBACK
LEAVING 3.96 M TO FRONT LINE.
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.
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