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Home My WebLink AboutPD-101-98DN: PD-101-98 v THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # X13 .Ct1 Date: Monday, August 31, 1998 Res. ;r^ •~ ^ 1/ I ~ Z~' Report #: PD-101-98 FILE #: A98/030 TO A98/035 By-law # Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF July 16, 1998 AND August 13, 1998. FILE NO: A98/030 TO A98/035, INCLUSIVE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-101-98 be received ; 2. THAT Council concur with decisions of the Committee of Adjustment made on July 16 and August 13, 1998 for applications A98/030 to A98/035, 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 A98/030 to A98/035, 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 Application A98/030, A98/031 and A98/032 were approved as applied for. 1.3 Application A98/ 033 was approved at the July 16, 1998 meeting, subject to the applicant satisfying the requirements of the Building Division within sixty (60) days. The dwelling was constructed in 1988 and does not meet the requirements of the Comprehensive Zoning By-law or the Ontario Building Code. Windows are not permitted on walls where there is less than 1.2 metres (4 ft) between the wall of the dwelling and the property line. - 663 REPORT NO.: PD-101-98 PAGE2 Where there are 1.2 metres or more, a maximum of 7°/° unprotected glazed openings are permitted. From the survey provided it would appear that there would be sufficient spatial separation between the subject dwelling and the dwelling on the easterly abutting property to permit the maximum of 7% uprotected glazed openings. The survey indicates a total of 2.46 metres (8.07 ft) between these two dwellings. In consideration of the above, the Building Division supported the application provided an agreement registered on title between the adjacent property owners and the Municipality was entered into. For the purposes of the building code, the property line would be calculated as being 1.2 metres from each dwelling. Additionally, the agreement would prohibit further construction of buildings and structures between the dwellings. The Committee of Adjustment required staff at the meeting to provide the applicant with a copy of the comments from the Building Division and, that with the approval of this application the applicant was required to satisfy the requirements of the Building Division within sixty days. 1.4 Application A98/034 was approved at the July 16, 1998 meeting, subject to the applicant submitting a letter of undertaking to the Clarington Building Department within thirty (30) days, exonerating the Municipality of any liability regarding flood damage. This letter of undertaking was received July 30, 1998. 1.5 Application A98/035 was TABLED to the August 27, 1998 Committee of Adjustment hearing to allow the applicant sufficient time to submit a revised house siting plan, as required by the Clarington Public Works Department. 1.6 The purpose of each minor variance application and the Committee's decisions are detailed in Attachment No. 1. 664 REPORT NO.: PD-101-98 PAGE 3 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 those approved are 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, Reviewed by, ~ ~-.-~-~Q- e~w Franklin Wu, M.C.I.P., R.P.P. Director of Planning & Development SL*CP*FW*km August 18, 1998 Attach. W.H. Stockwell, Chief Administrative Officer. 665 THE CORPORATION OF THE .MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/030 ******************** APPLICANT: LETT/SMITH AGENT: LETT/SMITH PROPERTY DESCRIPTION 78 GLENABBEY DRIVE PART LOT: 34 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: -713 - ZONING: R1 HEARING DATE: 16-Jul-98 DECISION: APPROVED APPEAL DATE: 5-Aug-98 MINOR VARIANCE: TO REDUCE THE REAR YARD SETBACK FROM 7.5 METRES (24.6FT) TO 4.0 METRES (13.12FT) TO PERMIT THE INSTALLATION OF A "4-PACK" OF PORTABLE CLASSROOMS. REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AS APPLIED FOR AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND DESIRABLE. V V THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/031 ******************** APPLICANT: KELLY, NANCY AGENT: KELLY, NANCY PROPERTY DESCRIPTION 61 PROSPECT STREET PART LOT: 12 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 40R-14355-1 ZONING: R1 HEARING DATE: 16-Jul-98 DECISION: APPROVED APPEAL DATE: 5-Aug-98 MINOR VARIANCE: TO REDUCE THE FRONT YARD SETBACK FROM 6 METRES (19.7 FT) TO 2 METRES (6.56 FT) TO PERMIT THE CONSTRUCTION OF AN ATTACHED GARAGE. REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AS RECOMMENDED BY THE PLANNING DEPARTMENT, WITH BOTH PARKING SPACES BEING OUTSIDE THE SIGHT TRIANGLE. r~67 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/032 ******************** APPLICANT: O/A LIZA HOMES AGENT: O/A LIZA HOMES PROPERTY DESCRIPTION 33 BRADSHAW STREET PART LOT: 9 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 40M-1676 -90 ZONING: R2 HEARING DATE: 16-Jul-98 DECISION: APPROVED APPEAL DATE: 5-Aug-98 MINOR VARIANCE: TO RECOGNIZE A DWELLING BEING CONSTRUCTED WITH AN INTERIOR SIDE YARD SETBACK OF 1.14 METRES (3.74 FT) AS OPPOSED TO THE REQUIRED 1.2 METRES (3.9 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 THAT THE APPLICATION BE APPROVED AS APPLIED FOR. bbd THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/033 ******,t************* APPLICANT: MCCLOSKEY, MR/MRS. - STANDEN, MR/MRS. AGENT: ROBINSON (MCCLOSKEY), COLLEEN PROPERTY DESCRIPTION 1 FIRWOOD AVENUE PART LOT: 31 CONCESSION: 3 TOWNSHIP: DARLINGTON PLAN NUMBER: lOM-783 -70 ZONING: R2 HEARING DATE: 16-Jul-98 DECISION: APPROVED APPEAL DATE: 5-Aug-98 MINOR VARIANCE: TO REDUCE THE EXT SIDE YD SETBACK FROM 6M TO 5.43M TO RECOGNIZE THE EXISTING DWELLING, & TO REDUCE THE EXT SIDE YD SETBACK FROM 4.5M TO 3.75M TO RECOGNIZE THE EXISTING STEPS, & TO REDUCE THE INT. SIDE YD SETBACK FROM 1.2M TO OM, TO RECOGNIZE EXISTING DECK REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AND PEMIT THE APPLICANT 60 DAYS TO SATISFY THE REQUIREMENTS OF THE BUILDING DEPARTMENT. fJti~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/034 ********v:*,t********:~ APPLICANT: ROBICHAUD, ART AGENT: ROBICHAUD, ART PROPERTY DESCRIPTION 251 NORTH STREET PART LOT: 29 CONCESSION: 2 TOWNSHIP: CLARKE PLAN NUMBER: lOR-963 - ZONING: Rl-1 (EP) HEARING DATE: 16-Jul-98 DECISION: APPROVED APPEAL DATE: 5-Aug-98 MINOR VARIANCE: TO REDUCE THE SETBACK FROM AN EP ZONE FROM 3 M. TO 0 M., TO RECOGNIZE AN EXISTING POOL PARTIALLY WITHIN AN EP ZONE & TO PERMIT THE CONSTRUCTION OF A DECK FOR THE POOL WITHIN AN EP ZONE. REASON FOR DECISION: AS THE APPL. IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN & 20NING BY-LAW, & IS DEEMED TO BE MINOR & DESIRABLE THAT THE APPLICATION BE APPROVED AS RECOMMENDED, WITH THE APPLICANT HAVING 30 DAYS TO SUBMIT A LETTER OF UNDERTAKING TO BUILDING DEP bi ~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/035 APPLICANT: FLAMAND, STEVE AGENT: CULHAM SURVEYING LTD. PROPERTY DESCRIPTION 145 WEST SIDE DRIVE PART LOT: 16 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 40M-1881 -11 ZONING: HEARING DATE: 13-Aug-98 DECISION: TABLED APPEAL DATE: 2-Sep-98 MINOR VARIANCE: TO REDUCE THE FRONT YARD SETBACK OF AN EXISTING DWELLING FROM 6 METRES (19.7 FT) TO 5.1 METRES (16.73 FT). REASON FOR DECISION: THAT THE APPLICATION BE TABLED TO THE AUGUST 27, 1998 MEETING TO ALLOW THE APPLICANT TIME TO SUBMIT A REVISED HOUSE SITING PLAN. ~/~