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Home My WebLink AboutPD-69-98DN; cofagpa THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File #-D1 ~ •C.C7 . Date: Monday, June 8, 1998 Res. # j-7~ 353' ~ Report #: PD-69-98 FILE #: A98/004, A98/006 & A98/022 - A98/025, inclusive By-law # Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 28, 1998. FILE NO: A98/004, A98/006 and A98-022 TO A98/025, INCLUSIVE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-69-98 be received ; 2. THAT Council concur with decisions of the Committee of Adjustment made on May 28, 1998 for applications A98/004, A98/006 and A98/022 to A98/025, inclusive; and 3. THAT staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for applications A98/004, A98/006 and A98/022 to A98/025, inclusive, in the event of an appeal. 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 Application A98/004 was previously tabled at a Committee of Adjustment meeting February 5, 1998, at the Central Lake Ontario Conservation's (CLOG) request, to allow time for a Hearing of Authority's Board of Directors. Approval was granted by the Authority for the addition to the dwelling unit, subject to a number of conditions. The Committee of Adjustment approved the application for the addition to the dwelling and the recognition of the existing 0 metre westerly side yard setback, subject to the removal of the two sheds, the deck on the garage and the deck on the rear of the dwelling. 649 REPORT NO.: PD-69-98 PAGE 2 1.3 Application A98/006 was also tabled at the meeting February 5, 1998, at the Central Lake Ontario Conservation's (CLOG) request, to allow time for a hearing of Authority's Board of Directors. The issue has not been resolved to the applicant's satisfaction and the application has been tabled for another six (6) months. 1.4 Application A98/022 was approved as applied for, subject to the increase in area applying only to the existing buildings, or replacement buildings of the same size and number as existing currently. 1.5 Applications A98/023, A98/024 and A98/025 were approved as applied for. 1.6 The purpose of each minor variance application and the Committee's decisions are detailed in Attachment No. 1. 1.7 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 minor in nature and desirable. 1.8 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 May 29, 1998 Attach. 650 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/004 ***********:r******** APPLICANT: WYNN, TERRY & ANNA AGENT: MARTIN TOPOLIE PROPERTY DESCRIPTION 75 CEDAR CREST BEACH PART LOT: 13 CONCESSION: BF TOWNSHIP: BOWMANVILLE PLAN NUMBER: - - ZONING: EP & RS-1 HEARING DATE: 28-May-98 DECISION: APPROVED APPEAL DATE: 17-Jun-98 MINOR VARIANCE: TO PERMIT AN ADDITION WITH A SIDE YARD SETBACK OF 1.45 M (4.77 FT.), INSTEAD OF THE REQUIRED 3 M (9.84 FT.), TO THE EXISTING DWELLING REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AS RECOMMENDED SUBJECT TO THE REMOVAL OF THE 2 SHEDS, DECK ON THE GARAGE AND THE DECK ON THE REAR OF THE DWELLING 651 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/006 APPLICANT: SHKURATOFF, DARLENE & KEVIN AGENT: SHKURATOFF, DARLENE & KEVIN PROPERTY DESCRIPTION 12 MILL STREET PART LOT: CONCESSION: TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: EP HEARING DATE: 28-May-98 APPEAL DATE: DECISION: TABLED MINOR VARIANCE: TO PERMIT THE EXPANSION OF A DWELLING IN AN ENVIRONMENTAL PROTECTION ZONE. REASON FOR DECISION: THAT THE APPLICATION BE TABLED FOR A FURTHER 6 MONTHS TO ALLOW DISCUSSION WITH CLOG. b52 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/022 APPLICANT: DEWITT, JOHN AGENT: MUIZELAAR, MARY-ANN PROPERTY DESCRIPTION 4525 CONCESSION 5 PART LOT: 8 CONCESSION: 4 TOWNSHIP: CLARKS PLAN NUMBER: - - ZONING: A HEARING DATE: 28-May-98 APPEAL DATE: 17-Jun-98 DECISION: APPROVED MINOR VARIANCE: TO RETAIN A 165.7 SQ. M (1784 SQ. FT.) OR 57.7s OF THE 287 SQ M (3091 SQ FT) MAIN BUILDING TOTAL FLOOR AREA INSTEAD OF THE MAXIMUM PERMITTED 40s (114.8 SQ M (1236 SQ 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 RECOMMENDED. 653 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/023 *rr******:r :rxx******** APPLICANT: RUITER, NORM & CATHY AGENT: RUITER, NORM & CATHY PROPERTY DESCRIPTION 2477 CONCESSION 7 PART LOT: 14 CONCESSION: 6 TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: Al & EP HEARING DATE: 28-May-98 APPEAL DATE: 17-Jun-98 DECISION: APPROVED MINOR VARIANCE: TO REDUCE THE REQUIRED AGRICULTURAL BUILDING SETBACK FROM THE NEAREST NEIGHBOURS DWELLING FROM 300 M (1000 FT) TO 162 M (530 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 AT 161.5 METRES, AS PER THE MDS REQUIREMENT. • l: G ~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/024 APPLICANT: LINDSAY, DWAIN & CORINE AGENT: TOPOLIE, MARTIN PROPERTY DESCRIPTION 99 CEDAR CREST BEACH PART LOT: 12 CONCESSION: BF TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: EP & RS HEARING DATE: 28-May-98 DECISION: APPROVED APPEAL DATE: 17-Jun-98 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF AN ADDITION ATTACHING THE EXISTING DWELLING AND THE EXISTING GARAGE, WITH A WESTERLY SIDE YARD SETBACK OF 1.29 M (4.22 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 IS APPROVED SUBJECT TO THE APPLICANT RECEIVING THE NECESSARY PERMITS. 655 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/025 APPLICANT: NORTHWAY INVESTMENTS AGENT: NORTHWAY INVESTMENTS PROPERTY DESCRIPTION 7 PROGRESS DRIVE PART LOT: 27 CONCESSION: BF TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: M2 HEARING DATE: 28-May-98 DECISION: APPROVED APPEAL DATE: 17-Jun-98 MINOR VARIANCE: TO PERMIT A REAR YARD SETBACK OF 3 METRES (9.84 FT) INSTEAD OF THE REQUIRED 7.5 METRES (24.6 FT) REAR 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 IS APPROVED AS APPLIED FOR 656