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HomeMy WebLinkAboutPD-47-93 ORRO~A1°4O OF °ii F°t ~'Ot~ OF CS~°L DN: COFA.GPA Meeting: General Purpose and Administration Committee Ffle# ~)~r<` ~~~1°~ Date: Monday, March 15, 1993 Res. ~-~~~~ - ~4°~~ PD-47-93 A93/002 to A93/005 Ry-La~r# Report File : Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF FEBRUARY 25, 1993 FILE: A93/002 to A93/005 ~~er>~r~~~ctati~r~a It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-47-93 be received; 2. THAT Council concur with the decision of the Committee of Adjustment made on February 25, 1993; 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 mnor_variance_are scheduled to be heard within 30 days of being received by the Secretary Treasurer. On February 25, 1993 the Committee APPROVED the four (4) applications on the agenda. 1.2 Application A93/002 proposed to reduce the side yard setback requirements for a commercial building from 1.2 m (4 feet) to 0.0 m and reduce the required loading space requirement from two (2) to one (1). The application was APPROVED thereby allowing a commercial development to proceed, subject to Site Plan Approval. 1.3 Application A93/003 was for a variance of 0.5 m to a residential exterior side yard requirement. The applicant's consultant advised the reduction would not impact noise a~~.:.n:.'i.~~~.:3: :~:ez'tS:..~........ .~~~~r2°~d. Tho ar~r~l;na.~"~~1.-J/+taS-...1lpPRn~FT~_ m _ ,,1.. ~ PiIS IS PRI1JiL~ ~ECYGlEO PAPER REPORT NO.: PD-40-93 PAGE 2 1.4 Application A93/004 proposed a variance of 676 square feet (62.8 m2) to allow the construction of an accessory building having an area of 1536 sq. ft. (143 m2) . The committee, at staff's suggestion, APPROVED a variance of 238.6 sq. ft. (22.2 m2) and a height variance of 0.3 m. 1.5 The fourth application A93/005 was APPROVED to allow the proponent to continue the construction of an addition to an existing legal non-conforming dwelling. 1.6 Staff have reviewed the Committee's decision and are satisfied that the decision conforms to the general intent of the Official Plan and the Zoning By-law and that the variances sought are minor in nature. 1.7 Council's concurrence with the Committee of Adjustment decision is required in order to afford Staff's official status before the Ontario Municipal Board in the event of an appeal of the decision of the Committee of Adjustment. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C.I.P. Lawrence E. KQQ-'Neff Director of Planning Chief Admini~`t~` `tive and Development Officer CP*FW*cc *Attach 5 March 1993 ~J~C~ THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A93/002 APPLICANT: VICTOR HANC AGENT: ABBOTT GIBSON TECHNICAL GROUP PROPERTY DESCRIPTION . 181 KING STREET EAST PART LOT: 11 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: - - ZONING: C1 HEARING DATE: 25-Feb-93 DECISION: APPROVED APPEAL DATE: 27-Mar-93 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT A RESTAURANT ON A LOT HAVING A O.OM INTERIOR SIDE YARD SETBACK (MINIMUM REQUIRED 1.25M), AND TO ALLOW FOR THE APPLICANT TO PROVIDE ONE LOADING SPACE WHERE TWO ARE REQUIRED. REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW, AND AS THE APPLICATION IS CONSIDERED MINOR IN NATURE AND DESIRABLE IN NATURE, THE APPLICATION BE APPROVED AS APPLIED FOR 1 1 t`:~ THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A93/003 APPLICANT: 621182 ONTARIO LTD. AGENT: 921395 ONTARIO INC./LIZA HOMES PROPERTY DESCRIPTION 143 APPLE BLOSSOM BLVD. PART LOT: 9 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: - - ZONING: R1 HEARING DATE: 25-Feb-93 .DECISION: APPROVED.... APPEAL DATE: 27-Mar-93 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT A DWELLING ON A LOT HAVING AN EXTERIOR SIDEYARD SETBACK OF 5.5M, REQUIRED 6M REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW, THE APPLICATION IS CONSIDERED MINOR TN NATURE AND DESIRABLE THE APPLICATION BE APPROVED AS APPLIED FOR ~ ~ THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A93/004 APPLICANT: LEON HEFFERNAN AGENT: PROPERTY DESCRIPTION 2941 HIGHWAY NO. 2 PART LOT: 5 CONCESSION: 1 TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: A HEARING DATE: 25-Feb-93 DECISION: APPROVED APPEAL DATE: 27-Mar-93 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 HAVING A HEIGHT OF 6M, MAXIMUM ALLOWED 5M REASON FOR DECISION: AS THE APPL. IS CONSIDERED TO BE IN CONFORMITY WITH O.P. & Z.B, IS CONSIDERED MINOR IN NATURE & DESIRABLE, APPL. BE APPR. TO ALLOW AN ACCESS. BLDG. OF 24 X 48 & HT. VARIANCE OF 0.3M, SUBJ. TO REMOVAL OF BOTH SHEDS W/I 30 DAYS OF ISSUANCE OF BLDG. PERMIT .51 THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A93/005 APPLICANT: DR. M. RICHTER AGENT: PROPERTY DESCRIPTION 8100 COLD SPRINGS CAMP ROAD PART LOT: 1 CONCESSION: 8 TOWNSHIP: CLARKE PLAN NUMBER: - - ZONING: EP & A HEARING DATE: 25-Feb-93 DECISION: APPROVED APPEAL DATE: 27-Mar-93 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT AN ADDITION TO AN EXISTING ~ LEGAL NON-CONFORMING DWELLING LOCATED IN THE "EP" ZONE REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE MINOR IN NATURE AND DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR J'