HomeMy WebLinkAboutPD-130-98DN: coh-gpa
~4 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File # X13 ; CC:
Date: Monday, November 2, 1998 Res. #~~~13 - S~`f~ `)~
Report #: PD-130-98 FILE #: A98/043 - A98/047, inclusive
By-law #
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF OCTOBER 15, 1998.
FILE NO: A98/043 TO A98/047, INCLUSIVE
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-130-98 be received ;
2. THAT Council concur with the decisions of the Committee of Adjustment made on
October 15, 1998 for applications A98/043 to A98/047, 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 A98/043 to A98/047,
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 A98/043 and A98/044 submitted by Syvan Developments Ltd. were tabled
for nine (9) months, to allow Staff and the applicant the opportunity to discuss possible
revisions to related site plan application and land division applications.
1.3 Application A98/045 was tabled to the next meeting, November 5, 1998, to allow a re-
circulation of a Revised Notice of Hearing, which will include a description of the
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REPORT NO.: PD-130-98
PAGE2
existing deck, not identified in the original application as having a deficient side yard and
rear yard setback.
1.4 Application A98/046 was approved as applied for, subject to the applicant receiving
approval of the Building Department, the Central Lake Ontario Conservation and the
Regional Health Department within fourteen (14) days, of the Committee's decision.
The application was made by the owner to recognize an addition to an existing dwelling.
The addition was constructed in 1995 without a building permit or Central Lake Ontario
Conservation permission.
1.5 Application A98/047 was 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.
1.9 During the "Other Business" portion of the meeting, the Committee of Adjustment passed
a motion requiring a sign to be posted for the Notice of Hearing requirements, a
minimum of seven (7) days prior to the Hearing date. In the past, Committee has
required a sign be posted in addition to notice by mail to residents within 60 metres of
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REPORT NO.: PD-130-98
PAGE 3
the subject site (this is in compliance with the requirements of the Planning Act). The
Committee is concerned that applicants have become lax about posting the sign and
subsequently it is more difficult for an interested party to identify the subject property.
Committee has requested the Secretary Treasurer to check and ensure all signs are posted
in compliance with the above. Applicants will be advised of this requirement through a
letter which accompanies the Notice of Hearing sign. If the sign is not posted, that
application, at the discretion of the Committee, may be tabled until the proper signage
has been installed.
Respectfully submitted,
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Franklin Wu, M.C.I.P., R.P.P.
Director of Planning & Development
SL*FW*cc
21 October, 1998
Attach.
Reviewed by,
Chief Administrative Officer.
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/043
APPLICANT: SYVAN DEVELOPMENTS LTD.
AGENT: OVIDIO SBRISSA ARCHITECT INC.
PROPERTY DESCRIPTION
164 BASELINE RD
PART LOT: 9 CONCESSION: 1
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: - -
ZONING: M2
HEARING DATE: 15-Oct-98
DECISION: TABLED
APPEAL DATE: 4-Nov-98
MINOR VARIANCE:
TO REDUCE THE REQUIRED NUMBER OF PARKING SPACES FROM 217 TO 182
SPACES, AND TO REDUCE THE REQUIRED LANDSCAPED OPEN SPACE FROM 10
PERCENT TO 2.3 PERCENT.
REASON FOR DECISION:
THAT THE APPLICATION BE TABLED TO ALLOW STAFF AND THE APPLICANT TO
DISCUSS POSSIBLE REVISIONS TO THE SITE PLAN APPLICATION SUBMITTED,
FOR A PERIOD OF NINE (9) MONTHS.
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/044
APPLICANT: SYVAN DEVELOPMENTS LTD.
AGENT: OVIDIO SBRISSA LIMITED
PROPERTY DESCRIPTION
160 BASELINE RD
PART LOT: 9 CONCESSION: 1
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: - -
ZONING: M2-13
HEARING DATE: 15-Oct-98
DECISION: TABLED
APPEAL DATE: 4-Nov-98
MINOR VARIANCE:
TO REDUCE THE EASTERLY SIDE YARD SETBACK FROM THE REQUIRED 5 M
(16.4 FT) TO 0.9 M (2.95 FT), AND TO REDUCE THE LANDSCAPED OPEN
SPACE REQUIREMENT FROM 10 PERCENT TO 6.4 PERCENT.
REASON FOR DECISION:
THAT THE APPLICATION BE TABLED UNTIL THE RESOLUTION OF SITE PLAN
ISSUES BETWEEN STAFF AND THE APPLICANT OCCURS. TABLING IS FOR A
PERIOD OF NINE (9) MONTHS.
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/045
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APPLICANT: PARK, LESLIE
AGENT:
PROPERTY DESCRIPTION
53 BIRCHFIELD DR.
PART LOT: 34 CONCESSION: 3
TOWNSHIP: DARLINGTON
PLAN NUMBER: lOM-787 -51
ZONING: R2
HEARING DATE: 15-Oct-98
DECISION: TABLED
APPEAL DATE: 4-Nov-98
MINOR VARIANCE:
TO REDUCE THE REAR YARD SETBACK OF AN EXISTING SHED FROM 1.2 M
(3.94') TO 0.24 M (9.5") AND TO REDUCE THE SIDE YARD SETBACK FROM
1.2 M (3.94') TO 0.33 M (13").
REASON FOR DECISION:
THAT THE APPLICATION BE TABLED TO ALLOW A RE-CIRCULATION OF A
REVISED NOTICE OF HEARING WHICH WILL INCLUDE A DESCRIPTION OF THE
EXISTING DECK, TO THE NEXT MEETING NOVEMBER 5, 1998.
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/046
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APPLICANT: SMITH, MR. & MRS. S.
AGENT:
PROPERTY DESCRIPTION
103 CEDAR CREST BEACH ROAD
PART LOT: 12 CONCESSION: BF
TOWNSHIP: DARLINGTON
PLAN NUMBER: -318 -
ZONING: RS & EP
HEARING DATE: 15-Oct-98
DECISION: APPROVED
APPEAL DATE: 4-Nov-98
MINOR VARIANCE:
TO REDUCE THE EASTERLY SIDE YD SETBACK FROM 3 M (9.84 FT) TO 0.48
M (1.57 FT) & TO REDUCE THE WESTERLY SIDE YD SETBACK FROM 3 M
(9.84 FT) TO 2.23 M (7.32 FT), TO RECOGNIZE AN EXISTING DWELLING.
REASON FOR DECISION:
TO APPROVE THE APPLICATION AS APPLIED FOR, CONDITIONAL ON
RECEIVING APPROVAL OF THE BUILDING DEPARTMENT, THE CLOG AND THE
REGIONAL HEALTH DEPARTMENT, WITHIN FOURTEEN DAYS.
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A98/047
APPLICANT: MILLSON, JAMES & GLADYS
AGENT:
PROPERTY DESCRIPTION
6899 SOLINA RD
PART LOT: 24 CONCESSION: 6
TOWNSHIP: DARLINGTON
PLAN NUMBER: - -
ZONING: A-1
HEARING DATE: 15-Oct-98
DECISION: APPROVED
APPEAL DATE: 4-Nov-98
MINOR VARIANCE:
TO REDUCE THE AGRICULTURAL SETBACK FROM A LIVESTOCK BLDG. TO THE
NEAREST DWELLING FROM 300 M (984 FT) TO 240 M (787 FT) TO PERMIT
THE EXPANSION OF AN EXISTING LIVESTOCK BLDG.
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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