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HomeMy WebLinkAboutPD-56-93 I"hi CO~lRA7'!®h! OF THE TOtV F ~3t~CAST"(~ DN: COFA.GPA Meeting; General Purpose and Administration Committee ,f~'~s,] Date: Monday, April 5, 1993 ~ ~~A ° ~~-~~~° PD-56-93 A93/006 to A93/010 Dy~La~# F~epc~rt File Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF MARCH 11 AND MARCH 25, 1993 FILE: A93/006 to A93/010 R~ r~trtatl~rt: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-56-93 be received; 2. THAT Council concur with the decision of the Committee of Adjustment made on March 11 and March 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 minor variance are scheduled to be heard within 30 days of being received by the Secretary Treasurer. On March 11, 1993 the Committee heard and APPROVED the two (2) applications for minor variance. On March 25, 1993, the Committee heard three (3) applications, approving one (1), tabling one (1), and denying one (1). 1.2 The three (3) applications which the Committee approved during the two meetings were all considered to be in conformity with the Official Plan and Zoning By-law provisions, desirable and minor in nature. 1.3 Application A93/008 requested a variance to the exterior sideyard provisions to allow a link dwelling to be constructed ...2 -- -_ PA. EH ° ~ FlF~~~« SHI.S S PIIiN~EO _...IEGVClEO PAPEfi REPORT NO.: PD-56-93 PAGE 2 having a 4.78 metre (15.68 ft.) sideyard as opposed to the minimum required 6.0 metre (19.68 ft.). The applicant has six (6) models which could be constructed on the subject lot without need for a variance. In addition, the adjacent corner lot has established a setback of 6.0 metres. Committee and staff believe it is more desirable to maintain the established streetscape at a 6.0 metre setback. The application was DENIED. 1.4 Application A93/010 was TABLED to allow the applicant to further assess the proposal and to satisfy the frontage requirements of the Zoning By-law. 1.5 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. 1.6 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 ~ ,4 1 ~ Franklin Wu, M.C.I.P. Lawrence E. Kot~s~ff Director of Planning Chief Administ~jative and Development Officer ~ CP*FW*cc *Attach. 29 March 1993 1 -C THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A93/006 APPLICANT: ALAN & HAZEL RABY AGENT: D. STRIKE PROPERTY DESCRIPTION 21 SOPER CREEK DRIVE PART LOT: 8 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 10M-785 -69 ZONING: R2 HEARING DATE: 11-Mar-93 DECISION: APPROVED APPEAL DATE: 10-Apr-93 MINOR VARIANCE: TO LEGALIZE A LOT WHICH HAS BEEN CREATED WITH A LOT AREA OF 366M2 AS OPPOSED TO THE REQUIRED 370M2 REASON FOR DECISION: THAT AS THE APPLICATION IS DEEMED TO MAINTAIN THE GENERAL INTENT OF THE TOWN'S OFFICIAL PLAN AND ZONING BY-LAW, BE IN THE BE5T INTERESTS OF DEVELOPMENT OF THE LAND AND IS CONSIDERED TO BE MINOR IN NATURE, THE APPLICATION BE APPROVED r.`~ THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A93/007 APPLICANT: MICHAEL DUGGAN AGENT: G.M. SERNAS & ASSOCIATES LTD. PROPERTY DESCRIPTION 31 FENWICK AVENUE PART LOT: 10 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 40M-1670 -53 ZONING: R2 HEARING DATE: 11-Mar-93 DECISION: APPROVED APPEAL DATE: 10-Apr-93 MINOR VARIANCE: TO LEGALIZE A LOT WHICH HAS BEEN CREATED HAVING A FRONTAGE OF 11.91M (39.07 FT), MINIMUM REQUIRED 12.OM (39.37 FT.) REASON FOR DECISION: THAT AS THE APPLICATION IS DEEMED TO BE IN KEEPING WITH THE GENERAL INTENT OF THE TOWN'S OFFICIAL PLAN AND ZONING BY-LAW, IS IN THE BEST INTEREST OF THE DEVELOPMENT OF THE LAND AND TS CONSIDERED TO BE MINOR IN NATURE, THE APPLICATION BE APPROVED = ,- THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A93/008 APPLICANT: 909423 ONTARIO LTD. AGENT: PROPERTY DESCRIPTION 2 SIMNICK CRESCENT, COURTICE PART LOT: 28 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: 40M-1675 -69L ZONING: Rl HEARING DATE: 25-Mar-93 DECISION: DENIED APPEAL DATE: 24-Apr-93 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT A SEMI/LINK DWELLING ON A LOT HAVING AN EXTERIOR SIDE YARD SETBACK OF 4.78M (15.7 FT.), MINIMUM REQUIRED 6M (20 FT.) REASON FOR DECISION: THAT THE APPLICATION BE DENIED AS IT IS NOT CONSIDERED TO BE MINOR IN NATURE .W ~ THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A93/009 APPLICANT: MARTIN ROAD HOLDINGS LTD. AGENT: THE KAITLIN GROUP LTD. PROPERTY DESCRIPTION 51 BONNYCASTLE DRIVE, BOWMANVILLE PART LOT: 15 CONCESSION: 1 TOWNSHIP: DARLINGTON PLAN NUMBER: 40M-1686 -13 ZONING: R2 HEARING DATE: 25-Mar-93 DECISION: APPROVED APPEAL DATE: 24-Apr-93 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT A S.F.D. ON A LOT HAVING A REAR YARD SETBACK OF 7.141M (23.4 FT.), MINIMUM REQUIRED 7.5M (25 FT.) REASON FOR DECISION: 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 FOR A REAR YARD SETBACK OF 7.141M ~JI THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A93/O10 APPLICANT: PAUL & LISA HALMINEN AGENT: PROPERTY DESCRIPTION 613 MILL ST., NEWCASTLE, ONT. PART LOT: 27 CONCESSION: BF TOWNSHIP: CLARKE PLAN NUMBER: - ZONING: RC1 & Al HEARING DATE: 25-Mar-93 DECISION: TABLED APPEAL DATE: 24-Apr-93 MINOR VARIANCE: THE APPLICANT IS SEEKING PERMISSION FOR THE CREATION OF A DEFINED LOT AREA OF 2353M2 IN THE RC-1 ZONE, THE BY-LAW REQUIRES 2500M2 ~ REASON FOR DECISION: THAT THE APPLICATION BE TABLED TO THE NEXT AVAILABLE MEETING TO ALLOW THE APPLICANT TO RE-EVALUATE HTS PROPOSAL ~S ~ L