Loading...
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 665 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. 670