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HomeMy WebLinkAboutPD-189-92 0 CO~POf~AI"fC?N OF ICE l"Ott~~t OF RlCAT'L DN: OCHONSKI.GPA Meeting: General Purpose and Administration Committee FEIe ~ ~ ~ Date: Tuesday, September 8, 1992 Res.#®~'r-~~~~-`~~1~"~~ Dy-Law Repent ~k: PD-189 -92 File S~bJect: MINOR VARIANCE APPLICATION - A 92/037 PART LOT 30 CONCESSION 5 former TOWNSHIP of CLARKE FILE: A 92/037 o?ttrv~ertati~~tse It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 189-92 be received; 2. THAT Council endorse the appeal lodged by Staff on July 31, 1992 against the decision made by the Committee of Adjustment with respect to application A 92/037, and furthermore, that Council authorize Staff to appear before the Ontario Municipal Board; 3. THAT the Durham Region Planning Department, and all interested parties listed in this report and any delegation be advised of Council's decision. 1 BACKGROUND 1.1 On July 2, 1992, Mr. Ochonski submitted a Minor Variance application to reduce the lot area requirement from 40 hectares to 37 hectares on a parcel of land which is also subject to Consent Application LD 628/89... The consent application was denied by the Land Division Committee on May 27, 1991 and Mr. Ochonski subsequently appealed this decision to the Ontario Municipal Board. The Board would not schedule a hearing date until such time as a decision was made with respect to compliance to the Town of Newcastle Comprehensive Zoning By-law, 84-63, as amended. Hence Mr. Ochonski submitted this Minor Variance application at the direction of the Ontario Municipal Board. ....2 t, LL,F ana u~°' ~a~wciE mss ~ aairrrLU aecvc~o amen REPORT NO. PD-189-92 PAGE 2 1.2 In support of the creation of the residential lot, Mr. Ochonski applied for an amendment to the Durham Region Official Plan (89-144/N). This residential lot was the subject of Consent application LD 628/89. Council of the Town of Newcastle adopted Staff's recommendation to deny the Official Plan Amendment. Regional Council also denied this application. 1.3 The Committee of Adjustment dealt with the Minor Variance application on July 30, 1992. The Committee approved this application despite Planning Staff's recommendation. Staff could not support the application as the associated Official Plan Amendment was denied by Town and Regional Council, and the Consent Application was denied by the Land Division Committee. Due to Council's recess in the month of August, and the last day of appeal being August 29, 1992, Staff subsequently filed an appeal and is now seeking Council's endorsement. 1.4 An appeal of the decision of the Committee of Adjustment is consistent with the position taken by the Town on the related Official Plan Amendment application and a consistent position is necessary before the Ontario Municipal Board. Respectfully submitted, Recommended for presentation to the Committee v._~.~,. Franklin Wu, M.C.I.P. Lawrence E. Kots ~f DIrector of Planning Chief Adminisr five and Development Officer HB*FW*cc *Attachment #1 - Summary of Applications 28 August 1992 ....3 FI 1 .-~ REPORT NO. PD- 189-92 PAGE 3 Interested parties to be notified of Council and Committee's decision: Jan and Janina Ochonski Ronald L. Swartz, Barrister 5661 gchonski Road 231 Simcoe Street North Orono, Ontario Oshawa, Ontario LOA 1M0 L1G 4T1 t ~ ll. ~r . flo r o r to -o o r cn ~ o mob o~m ~ om~~ tvc,,D wrn < ~ gym. ~m<ao ~~ao Imo -~ w~o~ m~~ ao~t° ~c~ ~ o ;~ocno ~ ~ o ~ _ _ _ r r _ OCHONSK/ ROAD _ - ~ ~ \ ~ ~ ~ ~ l r ~ r ~ DOCrcnz -~ co ~ oo ~ m v W ~DnN~N O W D~ W v 0 ~o~ m rn , ~ y ~ , j C ; O Z ' r ~ oo N ~ O ~ ~°m~~ O N ~~~i t0 j j (MA/N STREET REGIONAL ROAD /7 ~ O Z n m 0 z cn - . J •_J