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HomeMy WebLinkAboutPD-174-92 1°Ft C®C~O~TIO~! OF TF~ I O~ RtCST~ DN: COFA.GPA Meeting: General Purpose and Administration Committee Fiie ~ Date: Monday, July 20, 1992 ~e~• PD-174-92 A92/032 to A92/034, inclusive i3y-Lavv# Report File . Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JULY 2, 1992 FILE: A92/032 TO A92/034, INCLUSIVE c3rrtrtt~r~~ti~rt~o It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-174-92 be received; 2. THAT Council concur with the decisions of the Committee of Adjustment made on July 2, 1992 with respect to application A92/032 to A92/034, inclusive save and except A 92/034; 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. A meeting of the Committee of Adjustment was scheduled for July 2, 1992. 1.2 The Committee of Adjustment heard a total of three (3) applications at said meeting. Applications A92/033 and A92/034 were APPROVED and application A92/032 was DISMISSED. 1.3 Application A92/032 was submitted after an error in a survey led staff to believe that the dwelling was sited closer to the property line than the By-law would allow. However, in reviewing the application staff found that a variance was not necessary and that the siting of the building on the lot ...2 f~- -~ , P~PE~°~ ~«Y~« RIIS lS PgiMED tom. ~.ECYCI ED F'APEq REPORT NO.: PD-174-92 PAGE 2 complies with all Zoning By-law requirements and hence the application was dismissed. 1.4 Application A92/034 proposed a variance to the maximum accessory building coverage requirements. The proponent proposed to construct an accessory building with a coverage of 83.2 m2 (896 sq. ft.) as opposed to the maximum permitted 44 m2 (473.6 sq. ft.). The application was APPROVED by the Committee subject to conditions. Staff recommended denial of the application and cannot support the decision of the Committee. However, staff do not feel the decision should be appealed to the Ontario Municipal Board, given the nature of the application and the staff time and legal fees involved in a Board hearing. 1.5 Staff have reviewed the balance of the Committee's decisions and are satisfied that the decisions to approve conform to the general intent and purpose of the Official Plan and Zoning By- law and the variances sought are minor in nature and desirable. 1.6 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. Respectfully submitted, Recommended for presentation to the Committee f ~ ~ r ~ 1 / I~/-e'~ r Franklin Wu, M.C.I.P. Lawrence E. Kotseff Director of Planning Chief Administrative and Development Officer DM*FW*cc *Attach 9 July 1992 n~ _r _ y.;t !j THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/032 APPLICANT: PAULA KELLY AGENT: PROPERTY DESCRIPTION 120 RHONDA BLVD. PART LOT: 14 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: lOM-833 -76 ZONING: Rl HEARING DATE: 2-Jul-92 DECISION: DISMISSED APPEAL DATE: 1-Aug-92 MINOR VARIANCE: TO LEGALIZE A SEMI/DETACHED DWELLING CONSTRUCTED ON A LOT HAVING AN EXTERIOR SIDEYARD SETBACK OF 4.87M (16 FT.) MINIMUM REQUIRED 6M REASON FOR DECISION: THAT AS THE APPLICATION HAS BEEN FOUND TO BE NOT REQUIRED IT IS THEREFORE DISMISSED ei , .f, /f ~ THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/033 APPLICANT: THE BANK OF NOVA SCOTIA AGENT: ALAN BERK PROPERTY DESCRIPTION 48 SUNNYRIDGE TRAIL, ENNISKILLEN PART LOT: 20 CONCESSION: 7 TOWNSHIP: DARLINGTON PLAN NUMBER: lOM-815 -14 ZONING: RH3 HEARING DATE: 2-Jul-92 DECISION: APPROVED APPEAL DATE: 1-Aug-92 MINOR VARIANCE: TO LEGALIZE A LOT CONTAINING A SINGLE FAMILY DWELLING HAVING A FRONTAGE OF 31M, MINIMUM REQUIRED 45M REASON FOR DECISION: THAT AS THE APPLICATION IS IN KEEPING WITH THE OFFICIAL PLAN AND ZONING BY-LAW, IS DESIRABLE AND CONSIDERED MINOR IN NATURE, THE APPLICATION BE APPROVED AS APPLIED FOR r~ THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/034 APPLICANT: STANLEY SIMMONS AGENT: PROPERTY DESCRIPTION 3260 COURTICE RD., COURTICE, ONT. PART LOT: 29 CONCESSION: 3 TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: A HEARING DATE: 2-Jul-92 DECISION: APPROVED APPEAL DATE: 1-Aug-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 REASON FOR DECISION: THAT AS THE APPLICATION IS IN KEEPING WITH THE O.P. AND ZONING BY- LAW, IS DESIRABLE AND CONSIDERED TO BE COMPATABLE WITH THE SURROUNDING AREA THE APPLICATION BE APPROVED AS APPLIED FOR SUBJ. TO THE REMOVAL OF THE EXIST. GARAGE AND THE HEALTH UNIT APPROVAL ~ t:. } ~