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HomeMy WebLinkAboutPD-44-98DN: cofa-gpa THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File #~ ~~ • C-C~ Date: MONDAY, APRIL 6, 1998 Res. #r1 P ~' ~O I - ~ g Report #: PD-44-98 FILE #: A98/010 - A98/015 By-law # Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MARCH 19, 1998. FILE NO: A98/010 TO A98/015, INCLUSIVE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PD-44-98 be received ; THAT Council concur with decisions of the Committee of Adjustment made on March 19, 1998 for applications A98/010 to A98/015, inclusive; and THAT staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for applications A98/010 to A98/015, inclusive, in the event of an appeal. 1. APPLICATION DETAILS 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 Applications A98/010, A98/011, A98/012, A98/013 and A98/014 were approved as applied for. Application A98/015, for a large accessory building, was denied by Committee. The applicant stated at the meeting that the use of the proposed building was for the storage of farm implements (tractor, cultivator, seed etc.). Section 3.7b, of By-law ~~y REPORT NO.: PD- 44-98 PAGE2 84-63, states that agricultural uses are not permitted on parcels with less than 2 ha (4.94 acres) in area. The applicant's property is 0.35 ha (.86 acres) in area. The application received support from two abutting property owners, however as Committee found the proposed use is not permitted on the subject property and the proposed size of the building was not minor in nature, the application was denied. 1.3 The purpose of each minor variance application and the Committee's decisions are detailed in Attachment No. 1. 1.4 Staff have reviewed the Committee's decisions and are satisfied that all decisions are inconformity with the Official Plan policies, consistent with the intent of the Zoning By-law and those approved are minor in nature and desirable. 1.5 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, Franklin Wu, M.C.I.P., R.P.P. Director of Planning & Development Reviewed by, W.H. Stockwell, Chief Administrative Officer. SL*CP*FW*cc March 20, 1998 Attach. 630 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/010 APPLICANT: LAWBLAWS PROPERTIES LILMITED AGENT: C/O TODD BROWN PROPERTY DESCRIPTION 2375 HIGHWAY 2 PART LOT: 16 CONCESSION: 1 TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: C1-14 HEARING DATE: 19-Mar-98 DECISION: APPROVED APPEAL DATE: 8-Apr-98 MINOR VARIANCE: TO PERMIT A 74.32 M SQ (800 SQ. FT.) TENT TO BE INSTALLED IN THE EXISTING PARKING LOT AS PART OF A GARDEN CENTRE ON A TEMPORARY BASIS ANNUALLY FROM APRIL 1 TO JUNE 3D. 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. 631 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/Oll *:t :r*x,t**:tx***~~t ~,t*** APPLICANT: HUTTON, JAMES & EVA AGENT: BEST, REJEANNE PROPERTY DESCRIPTION 2932 TRUCES ROAD PART LOT: 31 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: R1 HEARING DATE: 19-Mar-98 DECISION: APPROVED APPEAL DATE: 8-Apr-98 MINOR VARIANCE: TO PERMIT A LOT WITH A FRONTAGE OF 13.5 M (44.29 FT.), INSTEAD OF THE REQUIRED 15 M (49.21 FT.) FRONTAGE 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. 632 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/012 ****x:r*******:t**+*** APPLICANT: BAHIR, SALIB AGENT: BAHIR, SALIB PROPERTY DESCRIPTION 1586 HIGHWAY 2 PART LOT: 32 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: R1 & EP HEARING DATE: 19-Mar-98 DECISION: APPROVED APPEAL DATE: 8-Apr-98 MINOR VARIANCE: TO PERMIT CONSTRUCTION OF A 105.1 SQ.M. (1132 SQ.FT) ACCESSORY BLDG. AT 65.3% OF TOTAL FLOOR AREA OF MAIN DWELLING INSTEAD OF MAX. OF 40% OR 64.4 SQ.M. (694 SQ.FT) WITH HGHT. OF 5.3M (17.3 FT) INSTEAD OF MAX. OF S.OM (16.4FT) 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. 633 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/013 APPLICANT: GREEN MARTIN HOLDINGS LTD AGENT: GREEN MARTIN HOLDINGS LTD. PROPERTY DESCRIPTION 19 BONATHON CRESCENT PART LOT: 17 CONCESSION: 1 TOWNSHIP: DARLINGTON PLAN NUMBER: 40M-1907 - ZONING: R2 HEARING DATE: 19-Mar-98 DECISION: APPROVED APPEAL DATE: 8-Apr-98 MINOR VARIANCE: TO CONSTRUCT A DWELLING WITH AN EXTERIOR SIDE YARD SETBACK OF 5.4 M (17.7 FT.), INSTEAD OF THE REQUIRED 6 METRE (19.69 FT.) EXTERIOR SIDE YARD SETBACK 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 AT 5.4 M. fi34 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/014 APPLICANT: JAMES, DOUGLAS S. AGENT: JAMES, DOUGLAS S. PROPERTY DESCRIPTION 4 BURK COURT PART LOT: 11 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: - - ZONING: R1 HEARING DATE: 19-Mar-98 DECISION: APPROVED APPEAL DATE: 8-Apr-98 MINOR VARIANCE: TO CONSTRUCT AN ACCESSORY BUILDING LEAVING A FRONT YARD SETBACK OF 1.2 M (4 FT.), INSTEAD OF THE REQUIRED 6 METRE (19.68 FT.) FRONT YARD SETBACK. 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 WITH A FRONT YARD SETBACK OF 1.2 M. 635 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/O15 APPLICANT: SNOWDEN, JOHN AGENT: SNOWDEN, JOHN PROPERTY DESCRIPTION 1576 CONCESSION ROAD 7 PART LOT: 32 CONCESSION: 7 TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: A-1 & EP HEARING DATE: 19-Mar-98 DECISION: DENIED APPEAL DATE: 8-Apr-98 MINOR VARIANCE: TO CONSTRUCT A 304.7 SQ. M (3280 SQ. FT.) ACCESSORY BUILDING, INSTEAD OF THE REQUIRED MAXIMUM, 40% OF THE MAIN BUILDING, WHICH WOULD BE 69.9 SQ. M (752.8 SQ. FT.) REASON FOR DECISION: THAT AS THE APPLICATION IS NOT MINOR IN NATURE AND DOES NOT CONFORM WITH THE BY-LAW, THE APPLICATION BE DENIED. 636