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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
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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.
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