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Home My WebLink AboutPD-140-98"' .ONd sofa-gpa THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File #F~l?>.C.rJ Date: Monday, December 7, 1998 Res. #~ -~~r~ -~,,~~$ )S~ Report #: PD-140-98 FILE #: A98-006, A98/048 to A98/053 & A98/055 By-law # Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF NOVEMBER 26, 1998 FILE NO'S.: A98/006, A98/048 TO A98/053, INCLUSIVE ANDA98/055 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-140-98 be received ; 2. THAT Council concur with the decisions of the Committee of Adjustment made on November 26, 1998 for applications A98/006, A98/048 to A98/053 inclusive and A98/055; and 3. THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for applications A98/006, A98/048 to A98/053, inclusive and A98/055, 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 A98/006 was dismissed at the applicant's request, without prejudice. The applicants have sold the property and no longer wish to pursue their application for minor variance. 1.3 Application A98/048, submitted by Garth and Tracy White, was previously tabled at the November 5, 1998 hearing to allow the applicant time to consider possible modifications b/ 5 REPORT NO.: PD-140-98 PAGE2 to their application. The application was approved as modified, with a 0.76 metre side yard setback and total floor area of all accessory buildings increased to 41.6%. 1.4 Application A98/049, submitted by R. Vermeersch, was approved to reduce the exterior side yard setback to 3.35 metres to permit the construction of a bungalow type dwelling only. 1.5 Applications A98/050, A98/053 and A98/055 were approved as applied for, 1.6 Applications A98/051 and A98/052 were approved as applied for, subject to the applicants applying for and obtaining a building permit within thirty days. 1.7 The purpose of each minor variance application and the Committee's decisions are detailed in Attachment No. 1. 1.8 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. 1.9 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, z ~~) r~.~-~ ~ ~~~ Franklin Wu, M.C.I.P., R.P.P. Director of Planning & Development Reviewed by, ~~~~~~~~ Chief Administrative Officer. SL*FW*cc 27 November 1998 Attach. b/o THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/006 *************t****** APPLICANT: SHKURATOFF, DARLENE & KEVIN AGENT: PROPERTY DESCRIPTION 12 MILL STREET PART LOT: 18 CONCESSION: 5 TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: EP HEARING DATE: 26-Nov-98 DECISION: DISMISSED APPEAL DATE: 16-Dec-98 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF AN ADDITION TO AN EXISTING DWELLING LOCATED WITHIN AN ENVIRONMENTAL PROTECTION ZONE. REASON FOR DECISION: THAT THE APPLICATION BE DISMISSED, AT THE APPLICANT'S REQUEST, WITHOUT PREJUDICE. Oi l THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/048 ******************** APPLICANT: WHITE, GARTH & TRACY AGENT: PROPERTY DESCRIPTION 63 BEAVER STREET SOUTH PART LOT: 28 CONCESSION: 2 TOWNSHIP: NEWCASTLE PLAN NUMBER: - - ZONING: R2 HEARING DATE: 26-Nov-98 DECISION: APPROVED APPEAL DATE: 16-Dec-98 MINOR VARIANCE: TO PERMIT THE CONST. OF AN ACCESSORY BLDG. THAT WILL INCREASE THE TOTAL COVERAGE OF ACCESS. BLDGS. FROM MAX. OF 40% TO 46% (87.1 SQ.M) OF THE TOTAL FLOOR AREA OF THE HOUSE, & REDUCE THE NORTH YD. SETBACK OF THE NEW ACCESS. BLDG. FROM 1.2 M TO NIL. REASON FOR DECISION: THAT AS THE REV. APPL. IS CONSIDERED TO BE IN CONFORMITY WITH THE OP & ZB, & IS DEEMED TO BE MINOR & DESIRABLE, THAT THE REAR YD SETBACK BE REDUCED TO 0.76 M & THE TOTAL FLOOR AREA OF ALL ACC. BLDGS BE INCR. TO 41.6%. 0 i C~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/049 APPLICANT: VERMEERSCH, MICKEY & REGINALD AGENT: PROPERTY DESCRIPTION 18 FOXHUNT TRAIL PART LOT: 35 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: R1 HEARING DATE: 26-Nov-98 DECISION: APPROVED APPEAL DATE: 16-Dec-98 MINOR VARIANCE: TO REDUCE EXTERIOR SIDE YARD SETBACK FROM 6 METRES (19.7 FT) TO 3.35 METRES (11 FT) TO PERMIT THE CONSTRUCTION OF A NEW SINGLE DETACHED DWELLING. 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 & DESIRABLE, THE APPLICATION IS APPROVED FOR AN EXTERIOR SIDE YARD SETBACK OF 3.35 METRES, FOR A BUNGALOW. CI ~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/050 ******************** APPLICANT: PORT DARLINGTON MARINA HOTEL AGENT: IRV GILL PROPERTY DESCRIPTION 105 PORT DARLINGTON ROAD PART LOT: 9 CONCESSION: BF TOWNSHIP: BOWMANVILLE PLAN NUMBER: - - ZONING: M2-2 HEARING DATE: 26-Nov-98 DECISION: APPROVED APPEAL DATE: 16-Dec-98 MINOR VARIANCE: TO REDUCE THE REQUIRED FRONTAGE FROM 75 M (246 FT) TO 64.8 M (212.5 FT) AND TO REDUCE THE REQUIRED LOT AREA FROM 1 HECTARE (2.47 AC) TO 0.81 HA (2 AC), TO FACILITATE A BOUNDARY RE-ALIGNMENT (FILE NO.: LD 280/98). REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW, AND IS MINOR AND DESIRABLE IN NATURE, THAT THE APPLICATION BE APPROVED AS APPLIED FOR. U 0 l) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/O51 ******************** APPLICANT: MILLER, DOREEN AGENT: PROPERTY DESCRIPTION 73 FOXHUNT TRAIL PART LOT: 35 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: lOM-781 -52 ZONING: R1 HEARING DATE: 26-Nov-98 DECISION: APPROVED APPEAL DATE: 16-Dec-98 MINOR VARIANCE: TO REDUCE THE SIDE YARD SETBACK FROM 1.2 M (3.94 FT) TO 0.43 M (17 IN) AND THE REAR YARD SETBACK FROM 1.2 M TO 0.43 M, TO RECOGNIZE AN EXISTING SHED. REASON FOR DECISION: THAT AS THE APPL. IS CONSIDERED TO BE IN CONFORMITY WITH THE OP & ZB & IS DEEMED TO BE MINOR & DESIRABLE THAT THE REAR YD & SIDE YD BE REDUCED TO 0.43 M FOR THE EXISTING SHED & A BLDG PERMIT BE OBTAINED WITHIN 30 DAYS. o :~ 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/052 ******************** APPLICANT: FROST, CHRIS & RICKETTS, CAROLYN AGENT: PROPERTY DESCRIPTION 8 ROWLAND COURT PART LOT: 32 CONCESSION: 3 TOWNSHIP: DARLINGTON PLAN NUMBER: 40M-1893 -9 ZONING: R1 HEARING DATE: 26-Nov-98 DECISION: APPROVED APPEAL DATE: 16-Dec-98 MINOR VARIANCE: TO REDUCE THE INTERIOR SIDE YARD SETBACK FROM 1.2 METRES (3.94 FT) TO 0.86 METRES (2.83 FT) TO RECOGNIZE AN EXISTING DECK. 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. UUL THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/053 ******************** APPLICANT: W.E. ROTH CONSTRUCTION AGENT: BERNANDO, FERNANDO PROPERTY DESCRIPTION 200 KING ST. E. PART LOT: 10 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: - - ZONING: C1 HEARING DATE: 26-Nov-98 DECISION: APPROVED APPEAL DATE: 16-Dec-98 MINOR VARIANCE: TO REDUCE THE PARKING REQUIREMENT FROM 38 SPACES TO 35 SPACE, TO PERMIT THE EXPANSION OF THE EXISTING PIZZA PIZZA RESTAURANT INTO AN ADJACENT UNIT WITHIN THE EXISTING PLAZA. 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. uuJ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/055 ******************** APPLICANT: HELE, BRIAN AGENT: CAMELOT COVE PROJ. MGMT. PROPERTY DESCRIPTION 31 LYNDALE CRESCENT PART LOT: 32 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: lOM-790 - ZONING: HEARING DATE: 26-Nov-98 DECISION: APPROVED APPEAL DATE: 16-Dec-98 MINOR VARIANCE: TO REDUCE THE SOUTHERLY INTERIOR SIDE YARD SETBACK FROM 1.2 METRES (3.94 FT) TO .892 METRES (2.93 FT), TO PERMIT THE CONSTRUCTION OF AN ADDITION TO AN EXISTING DWELLING. 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 & DESIRABLE, THE APPLICATION BE APPROVED FOR A SOUTHERLY SIDE YARD SETBACK OF 0.892 METRES. OU`~