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Home My WebLink AboutPD-145-92 DN: COFA.GPA General Purpose and Administration Committee Monday, June 15, 1992 9~ PD-145-92 A92/022 & A92/025 to A92/030, incm~s~~ MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 28, 1992 FILE: A92/022 & A92/025 TO A92/030, INCLUSIVE respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-145-92 be received; and 2. THAT Council concur with the decisions of the Committee of Adjustment made at its meeting of May 28, 1992. 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 on May 28, 1992. 1.2 The Committee of Adjustment heard a total of seven (7) variance applications at said meeting, three of the applications had been either TABLED or re-scheduled from a previous meeting. Application A 92/027 was TABLED to allow the applicant to address the concerns expressed by neighbouring property owners attending the meeting. Applications A 92/025 , A 92/026 and A 92/028 inclusive to A 92/030 were all APPROVED. Application A 92/022 was DENIED. . . .2 l.;i. PAPIEf-l flECYCLf REPORT NO.: PD-145-92 PAGE 2 1.3 Application A92/022 was submitted in relation with an application for land severance to the Region of Durham (LD 92/041). The applicant was proposing to create a retirement lot while retaining thereon all the agricultural related buildings. The silo, implement and storage sheds had a total floor area of 461 m2 (4970 sq. ft.) as opposed to the maximum permitted 40 % of the floor area of the house or 66.0 m2 (715 sq. ft.) and a height of 5.3 m as opposed to the maximum permitted 5.0 m for an accessory building. 1.4 The application was denied as the Committee did not deem a variance from 66 m2 to 461 m2 to be minor, furthermore as the applicant advised Committee members that he may continue to use the buildings for agricultural purposes until the farm land was sold, the application was not deemed to be in conformity with the policies of the Official Plan or the provisions of the Zoning By-law. 1.5 Application A 92/027 proposes to divide an existing 29.25 m (96 ft) frontage lot into a lot of 15.0 m and 14.25 m. The zoning by-law requires a minimum frontage of 15.0 m. A number of residents appeared at the meeting in opposition to application A 92/027. As the applicant was not in attendance during Committee's deliberation on the application and the required notice was not posted on site the application was TABLED to the next meeting. 1.6 The balance of the applications were approved as applied for, or with minor modifications and subject to the appropriate conditions of approval. . . .3 J 1l~ REPORT NO.: PD-145-92 PAGE 3 1.7 Staff have reviewed the balance of the Committee's decisions and are satisfied that the decisions to approve conform to the general intent of the Official Plan and the Zoning By-law and that the variances sought are 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. Respectfully submitted, Recommended for presentation to the Committee c) ~M~ (~ Franklin Wu, M.C.I.P. Director of Planning and Development CP*FW*cc *Attach 5 June 1992 l-i~ :) 1 5 THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/022 ******************** APPLICANT: J. CHRISTL AGENT: PROPERTY DESCRIPTION 1305 TRULLS ROAD, COURTICE PART LOT: 30 CONCESSION: 1 TOWNSHIP: DARLINGTON PLAN NUMBER: ZONING: A HEARING DATE: 28-May-92 APPEAL DATE: 27-Jun-92 DECISION: DENIED MINOR VARIANCE: TO ALLOW EXISTING OUTBUILDINGS TO REMAIN IN EXCESS OF THE MAXIMUM ALLOWABLE REQUIREMENT OF 40% OF THE MAIN BUILDING TOTAL FLOOR AREA ON A PROPOSED NEW LOT, ONE OF THE OUTBUILDINGS HAVING A HEIGHT OF 5.33M, MAXIMUM ALLOWABLE HEIGHT 5M REASON FOR DECISION: THAT AS THE APPLICATION IS NOT CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN OR THE ZONING BY-LAW, NOR MINOR IN NATURE, THE APPLICATION BE DENIED I~ J16 THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/025 ******************** APPLICANT: RON & NANCY BARBER AGENT: PROPERTY DESCRIPTION 5502 HENRY ROAD PART LOT: 17 CONCESSION: 5 TOWNSHIP: CLARKE PLAN NUMBER: ZONING: A1 HEARING DATE: 28-May-92 APPEAL DATE: 27-Jun-92 DECISION: APPROVED 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 GARDEN SHED, HAVING A FLOOR AREA OF 9.3M2 (100 SQ. FT.) REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW AND IS CONSIDERED TO BE MINOR IN NATURE, THE APPLICATION BE APPROVED AS APPLIED FOR \~ ~} 1 "7 THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/026 ******************** APPLICANT: LONNIE LAJEUNESSE AGENT: PROPERTY DESCRIPTION 142 RHONDA BLVD. BOWMANVILLE PART LOT: 14 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: ZONING: R1 HEARING DATE: 28-May-92 APPEAL DATE: 27-Jun-92 DECISION: APPROVED MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT AN ACCESSORY BUILDING WITH NO SIDE OR REAR YARD SETBACK FROM THE MAIN DWELLING REASON FOR DECISION: THAT THE APPLICATION BE APPROVED TO ALLOW A 0.3M SETBACK FROM THE SIDE AND REAR PROPERTY LINE AND O.OM SETBACK FROM THE MAIN DWELLING FOR ACCESSORY BUILDINGS, SUBJECT TO THE APPROVAL OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPT. & CLOCA 1,' : l' 0 ) . 0 THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/027 ******************** APPLICANT: ROSEMARY O'KANE-GRAWERT AGENT: T. NEWMAN & G. CARD PROPERTY DESCRIPTION 101 HIGH STREET, BOWMANVILLE PART LOT: 11 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: ZONING: R1 HEARING DATE: 28-May-92 APPEAL DATE: 27-Jun-92 DECISION: TABLED MINOR VARIANCE: TO ALLOW THE APPLICANT TO CREATE A LOT HAVING A FRONTAGE OF 14.24M (46.75 FT.), MINIMUM FRONTAGE REQUIRED 15M REASON FOR DECISION: THAT THE APPLICATION BE TABLED TO ALLOW PROPER NOTICE OF THE VARIANCE ON SITE AND TO ALLOW THE APPLICANT TO ADDRESS THE NEIGHBOUR'S CONCERNS ,~ t i () :J I '.' THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/028 ******************** APPLICANT: JAMES RODGERS AGENT: PROPERTY DESCRIPTION 146 GEORGE REYNOLDS DRIVE PART LOT: 31 CONCESSION: 3 TOWNSHIP: DARLINGTON PLAN NUMBER: 10M-823 -54 ZONING: R1 HEARING DATE: 28-May-92 APPEAL DATE: 27-Jun-92 DECISION: APPROVED MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT A DECK ON PROPERTY HAVING A REAR YARD SETBACK OF 4.3M (14 FT.), MINIMUM REQUIRED 6M (20 FT.) REASON FOR DECISION: AS THE APPLICATION IS DEEMED TO BE IN CONFORMITY WITH THE O.P. & ZONING BY-LAW AND CONSIDERED TO BE MINOR IN NATURE, THE APPLICATION BE APPROVED AS APPLIED FOR, SUBJECT TO SATISFYING PUBLIC WORKS CONCERNS REGARDING A GRADING CERTIFICATE c.", {"\ J(~tJ THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/029 ******************** APPLICANT: RICHARD MEIJER AGENT: PROPERTY DESCRIPTION 5801 MAIN STREET, ORONO, ONT. PART LOT: 28 CONCESSION: 5 TOWNSHIP: CLARKE PLAN NUMBER: ZONING: Rl-2 & EP HEARING DATE: 28-May-92 APPEAL DATE: 27-Jun-92 DECISION: APPROVED MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT AN ADDITION TO A HOUSE ON PROPERTY HAVING A PRIVATE WATER SUPPLY WHERE THE ZONING BY-LAW REQUIRES THE PROPERTY TO BE ON MUNICIPAL SERVICES REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AS APPLIED FOR AS THE VARIANCE IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS MINOR IN NATURE 1;1 ,', /) 'I .JLf THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/030 ******************** APPLICANT: J. LEDDY & H. STEWART AGENT: ALLAN BERK, BARRISTER & SOLICITOR PROPERTY DESCRIPTION 1680 NASH ROAD, COURTICE, ONT. PART LOT: 30 CONCESSION: 3 TOWNSHIP: DARLINGTON PLAN NUMBER: 10M-632 -1 ZONING: R1 HEARING DATE: 28-May-92 APPEAL DATE: 27-Jun-92 DECISION: APPROVED MINOR VARIANCE: TO RECOGNIZE A DWELLING HAVING AN EXISTING SETBACK OF 0.786M (2.58 FT.) AS OPPOSED TO 0.813M (2.67 FT.) ON ONE SIDE, AND 1.057M (3.47 FT.) AS OPPOSED TO THE MINIMUM REQUIRED 4.5M (14.7 FT.) ON THE OTHER SIDE FOR A DWELLING WITHOUT AN ATTACHED GARAGE REASON FOR DECISION: THE APPL. IS CONSIDERED TO BE IN CONFORMITY WITH THE O.P. AND ZONING BY-LAW AND MINOR IN NATURE, THE APPLICATION BE APPROVED SUBJECT TO REMOVAL OF THE EXISTING FOUNDATION WALL BETWEEN THE WEST PROPERTY AND THE GARAGE WITHIN 30 DAYS OF THE DECISION l:i~ (_, "') ") ,JLC