HomeMy WebLinkAboutPD-116-98DN: cofa-gpa
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File X13. CCU
Date: Monday, October 5, 1998 Res. #~~'1~' S3~-~~
Report #: PD-116-98 FILE #: A98/036 & A98/040 - A98/042, inclusive
By-law #
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF SEPTEMBER 24, 1998.
FILE NO: A98/036 and A98-040 TO A98/042, INCLUSIVE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-116-98 be received ;
2. THAT Council concur with decisions of the Committee of Adjustment made on
September 24, 1998 for applications A98/036 and A98/040 to A98/042, inclusive; and
THAT Staff be authorized to appear before the Ontario Municipal Board to defend the
decisions of the Committee of Adjustment for applications A98/036 and A98/040 to
A98/042, 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 A98/036 had been previously tabled at a meeting held August 27, 1998, to
allow the applicant time to have a new survey prepared which shows the current
configuration of all buildings and accessory structures. This application was to recognize
existing buildings and structures, and was approved as applied for by Committee.
1.3 Application A98/040 and A 98/042 were approved as applied for.
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REPORT NO.: PD-116-98
PAGE2
1.4 Application A98/041 was approved as applied for by Committee. This application was
to recognize an existing shed with reduced side and rear yard setbacks and to recognize
an existing deck with a 0 metre side yard setback. Staff had recommended approval of
the existing shed and denial of the existing deck, based on a loss of enjoyment of the
abutting property, caused by a reduction in privacy.
The abutting property owner affected by the deck sent two letters to Staff, stating they had
no objection to the deck abutting the property line. The applicant preferred to leave the
deck as it exists since a Jacuzzi is located within it, approximately 0.38 metres (15 inches)
from the property line.
Based on the information presented: that the majority of the deck is located in the side
yard between the houses; only the deck containing the Jacuzzi is located in the rear yard;
and, the abutting property owners observation that their privacy is not compromised by
the deck, Committee approved the application as applied for, leaving the deck and shed
existing as they are.
Although the approval was not consistent with Staff's recommendation, Staff are content
with the decision based on the above information presented at the Committee meeting.
1.5 The purpose of each minor variance application and the Committee's decisions are
detailed in Attachment No. 1.
1.6 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.
1.7 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.
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REPORT NO.: PD-116-98
PAGE 3
Respectfully submitted,
s~~ - ~~.
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning & Development
SL*CP*FW*cc
28 September, 1998
Attach.
Reviewed by,
.H. Stockwell,
hief Administrative Officer.
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/040
APPLICANT: IRISH, LEON & ERIN
AGENT: HARRI SAGUR ARCHITECT
PROPERTY DESCRIPTION
131 WELLINGTON STREET
PART LOT: 12 CONCESSION: 1
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: - -
ZONING: R1-12
HEARING DATE: 24-Sep-98
DECISION: APPROVED
APPEAL DATE: 15-Oct-98
MINOR VARIANCE:
TO REDUCE THE REAR YARD SETBACK FROM 7.SM (24.6 FT) TO 4.72 M
(15.5 FT) TO PERMIT CONSTRUCTION OF AN ADDITION TO AN EXISTING
DWELLING, & TO RECOGNIZE AN EXISTING DECK WITH A REAR YARD SETBACK
OF 4.72 M (15.5 FT) INSTEAD OF THE REQUIRED 6 M (19.7 FT).
REASON FOR DECISION:
THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE
OFFICIAL PLAN & ZONING BY-LAW & IS DEEMED TO BE MINOR AND
DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR.
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/041
APPLICANT: KERSTENS, MARTIN AND BONNIE
AGENT:
PROPERTY DESCRIPTION
38 STEPHEN AVENUE
PART LOT: 31 CONCESSION: 2
TOWNSHIP: DARLINGTON
PLAN NUMBER: lOM-807 -19
ZONING: R2
HEARING DATE: 24-Sep-98
APPEAL DATE: 15-Oct-98
DECISION: APPROVED
MINOR VARIANCE:
TO REDUCE THE SIDE YARD SETBACK OF AN EXISTING DECK FROM 1.2 M
(3.94 FT) TO 0 M, AND TO RECOGNIZE AN EXISTING SHED WITH A SIDE
YARD SETBACK AND REAR YARD SETBACK OF 0.5 M (1.64 FT) INSTEAD OF
THE REQUIRED 1.2 M (3.94 FT).
REASON FOR DECISION:
THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE
OFFICIAL PLAN & ZONING BY-LAW AND IS DEEMED TO BE MINOR AND
DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR.
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/042
APPLICANT: GAY, LAWSON, GAY FAMILY PARTNERSHIP
AGENT:
PROPERTY DESCRIPTION
47 CALECHE AVENUE
PART LOT: 30 CONCESSION: 2
TOWNSHIP: DARLINGTON
PLAN NUMBER: 40M- -
ZONING: Rl
HEARING DATE: 24-Sep-98
DECISION: APPROVED
APPEAL DATE: 15-Oct-98
MINOR VARIANCE:
TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 6 METRES (19.7 FT)
TO 4.75 METRES (15.6 FT) TO PERMIT THE CONSTRUCTION OF A SET OF
LINKED DWELLINGS ON LOT 5, 18T-88060.
REASON FOR DECISION:
THAT THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE
OFFICIAL PLAN & ZONING BY-LAW AND IS DEEMED TO BE MINOR AND
DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR.
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/036
***,~:~~********:r*****
APPLICANT: HAWES, KEVIN & DARLENE
AGENT: W. KAY LYCETT
PROPERTY DESCRIPTION
51 NORTH STREET
PART LOT: 28 CONCESSION: 2
TOWNSHIP: NEWCASTLE
PLAN NUMBER: - -
ZONING:
HEARING DATE: 24-Sep-98
DECISION: APPROVED
APPEAL DATE: I5-Oct-98
MINOR VARIANCE:
TO RECOGNIZE AN EXISTING GARAGE WITH A NORTHERLY SIDE YD. SETBACK
OF 0.86 M (2.83 FT) INSTEAD OF THE REQ. 1.2 M; WITH A SETBACK FROM
THE EP ZONE OF 0 M INSTEAD OF THE REQ. 3 M (9.84 FT); & WHICH
EXCEEDS 40% OF THE MAIN BLDG. TOTAL FLOOR AREA BY 26%.
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.
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