The URL can be used to link to this page

Home My WebLink AboutPD-193-92 i, DN: COFA.GPA .e h Meetirog: General Purpose and Administration Committee File ~ 1.~~<~~ ~~-°~ Tuesday, September 8, 1992 _ ~1~~" t7~te: m PD-193-92 A92/035 to A92/039, inclusive Ry-Law Report file Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF JULY 23, JULY 30 AND AUGUST 27, 1992 FILE: A92/035 TO A92/039, INCLUSIVE Rooorr~rrto~~tior~o It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-193-92 be received; 2. THAT Council concur with the decisions of the Committee of Adjustment made on July 23, July 30, and August 27, 1992 with respect to applications A92/035 to A92/039, inclusive save and except A 92/037; and 3. THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment in the event of an appeal. 1. BACKGROUND 1.1 In accordance with Section 45 of the Planning Act R.S.O. 1990, all applications received by the Town for minor variance are scheduled to be heard within 30 days of being received by the Secretary Treasurer. Meetings of the Committee of Adjustment were scheduled for July 23, 30 and August 27, 1992. 1.2 The Committee of Adjustment heard a total of five. (5) applications at said meetings. Applications A92/036 and A92/037 to A 92/039 were APPROVED and application A92/035 was DENIED. 1.3 Application A92/035 proposed a variance to the interior side yard setback requirements for a single detached dwelling in the "R1" zone. The proponent proposed a setback reduction from 1.2 metres (3.9 feet) to 0.0 metres to legalize the construction of a deck. The application was DENIED. Staff concur with this decision as the proposed variance is not minor in nature nor desirable. ...2 J ~ 5 PAPt~ ~ A«Y~« mss is isti,~.~EO,,, aECVC~o Pnrex REPORT NO.: PD-193-92 PAGE 2 1.4 Application A92/037 proposed a variance to the required lot area for a lot located in the "Agricultural (A)" zone. The application was to allow the area of an existing parcel of land to be reduced below the minimum required area of 40 hectares (98.8 acres) to 37 hectares (91.42 acres) in order to sever a lot for a non-farm related residential lot. The application was APPROVED by the Committee however Staff recommended denial of the application and cannot support the decision of the Committee. Staff have taken the initiative to appeal this decision to the Ontario Municipal Board. Details of this application are contained in Report PD-189-92. 1.5 Application A 92/038 was to permit the construction of a deck with a rear yard setback of 4.75 metres (15 feet) and a setback of 0.2 metres (6.5 inches) from an existing detached garage. THe By-law requires a 6.0 metre (20 feet) rear yard setback for a deck and a minimum separation distance from an accessory building of 1.2 metres (3.9 feet). The application was APPROVED as amended to require the deck to be separated from the accessory building by 0.61 metres (2 feet). 1.6 Application A 92/039 was to permit the construction of an accessory building and retain two existing sheds in excess of the maximum allowable coverage of 40% of the main building total floor area. The application was APPROVED conditional that one of the existing sheds be removed. 1.7 Staff have reviewed the balance of the Committee's decisions, and are satisfied that the decision to approve conforms to the general intent and purpose of the Official Plan and Zoning By-law and the variance sought is 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 appeal of the decisions of the Committee of Adjustment. /r 3 REPORT NO.: PD-193-92 PAGE 3 Respectfully submitted, Recommended for presentation to the Committee ~ } Franklin Wu, M.C.I.P. Lawrence E. Kots f Director of Planning Chief Administr tive and Development Officer DM*FW*cc *Attach 28 August 1992 r} ~.J ~ THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/035 APPLICANT: P. IGNAGNI AGENT: PROPERTY DESCRIPTION 31 GLANVILLE CRES., BOWMANVILLE PART LOT: 10 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 10M-829 -44L ZONING: R1 HEARING DATE: 23-Jul-92 DECISION: DENIED APPEAL DATE: 22-Aug-92 MINOR VARIANCE: TO RECOGNIZE AN EXISTING DECK LOCATED ON A PROPERTY HAVING A SIDEYARD SETBACK OF OM, MINIMUM REQUIRED 1.2M (3.9 FT.) REASON FOR DECISION: THAT AS THE APPLICATION IS NOT IN KEEPING WITH THE GENERAL INTENT OF THE ZONING BY-LAW, IS NOT IN THE BEST INTERESTS FOR DEVELOPMENT OF THE LANDS AND IS NOT MINOR IN NATURE, THE APPLICATION BE DENIED v 1 THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/036 APPLICANT: JOHN VANGINHOVEN AGENT: JOHN VANGINHOVEN PROPERTY DESCRIPTION 317 MILL STREET, NEWCASTLE, ONT. PART LOT: 28 CONCESSION: 2 TOWNSHIP: CLARKE PLAN NUMBER: - - ZONING: Rl-1 & EP HEARING DATE: 23-Jul-92 DECISION: APPROVED APPEAL DATE: 22-Aug-92 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CREATE A LOT HAVING AN INTERIOR SIDEYARD SETBACK OF .89M (2.91 FT.), MINIMUM REQUIRED 1.2M (4 FT.) REASON FOR DECISION: AS THE APPL. MAINTAINS GEN. INTENT OF O.P. & ZON.BYL. & IS DESIRABLE FOR THE APP. DEVELOP. OF THE LANDS & CONS. TO BE MINOR IN NATURE THE APPL. BE APPROVED PROVIDED THE EXIST. DECK BE REMOVED PRIOR TO THE SEV. BEING FINALIZED & POSITIVE DRAINAGE BE U C_ THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/037 APPLICANT: JAN & JANINA OCHONSKI AGENT: R.L. SWARTZ, BARRISTER PROPERTY DESCRIPTION 5661 OCHON5KI ROAD PART LOT: 30 CONCESSION: 5 TOWNSHIP: CLARKE PLAN NUMBER: - - ZONING: A & EP HEARING DATE: 30-Jul-92 DECISION: APPROVED APPEAL DATE: 29-Aug-92 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CREATE A LOT HAVING AN AREA OF 37HA (91 ACRES), MINIMUM REQUIRED 40HA REASON FOR DECISION: THAT AS THE APPLICATION IS DEEMED TO BE IN KEEPING WITH THE ZONING BY-LAW AND IS CONSIDERED TO BE IN THE BEST INTERESTS OF DEVELOPMENT OF THE LAND AND IS MINOR IN NATURE, THE APPLICATION BE APPROVED ,1 U } THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/038 APPLICANT: DR. LEON IRISH AGENT: CLASSIC KITCHEN & BATH PROPERTY DESCRIPTION 131 WELLINGTON ST., BOWMANVILLE PART LOT: 12 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: - - ZONING: R1-12 HEARING DATE: 27-Aug-92 DECISION: APPROVED APPEAL DATE: 26-Sep-92 MINOR VARIANCE: ' TO ALLOW THE APPLICANT TO CONSTRUCT A DECK HAVING A REAR YARD SETBACK OF 4.57M (15 FT.), MINIMUM REQUIRED 6M, AND TO CONSTRUCT 2 STEPS WITH A SEPARATION DISTANCE OF .2M FROM THE GARAGE INSTEAD OF THE MINIMUM REQUIRED 1.2M REASON FOR DECISION: AS THE APPL. IS IN KEEPING WITH THE O.P. AND ZONING BY-LAW, IS MINOR IN NATURE AND DESIRABLE FOR THE DEVELOPMENT OF THE AREA, THE APPLICATION BE APPROVED AS AMENDED, TO ALLOW A REAR YARD SETBACK OF 4.57M & A SEPARATION FROM THE PRIN. UNIT DISTANCE OF .61M ~ , i~i THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/039 APPLICANT: MARGARET COLVILLE AGENT: PROPERTY DESCRIPTION 7580 GOONEY ROAD PART LOT: 23 CONCESSION: 7 TOWNSHIP: CLARKE PLAN NUMBER: - - ZONING: Al HEARING DATE: 27-Aug-92 DECISION: APPROVED APPEAL DATE: 26-Sep-92 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT AN ACCESSORY BUILDING WHICH WOULD EXCEED THE MAXIMUM ALLOWABLE REQUIREMENT OF 40~ OF THE MAIN BUILDING TOTAL FLOOR AREA, AND TO RETAIN THE EXISTING SHEDS REASON FOR DECISION: THAT AS THE APPL. IS IN KEEPING WITH THE O.P. AND ZONING BYLAW, IS DESIRABLE AND CONSIDERED MINOR IN NATURE, THE APPLICATION BE APPROVED ON THE CONDITION THAT THE WOODEN 6 X 8 SHED BE REMOVED