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HomeMy WebLinkAboutPD-105-93 1°FI CORPORATION O TFf IfV OF tV~IGS`~L DN: COFA.GPA tvteeting: General Purpose and Administration Committee File .~,~~~C > j~~ Date: Monday, July 5, 1993 Rey. #,~1. ~.9. --~~~ _ 9~. PD-105-93 A93/017 and A93/018 ~~-~-~`~ Report #k: Fiie Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF JUNE 17, 1993 FILE: A93/017 AND A93/018 R~or~rt~enc9ti~n; It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-105-93 be received; 2. THAT Council concur with the decision of the Committee of Adjustment made on June 17, 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.5.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 June 17, 1993 the Committee heard two (2) applications for minor variance, tabling one and dismissing the other. Details of each application and decision of the Committee is attached for information. 1.2 Application A93/017 was submitted to legalize a second storey addition to a detached garage which exceeded the maximum height by 0.76 m (2.5 ft.). Staff inspection of the site revealed that the detached garage had since been attached to the house with a bricked enclosure without a building permit. As a result, the garage was no longer interpreted to be "detached", but rather "attached". An attached garage is considered to be part of the dwelling unit where the maximum ~f _...2 ,_)IU inc ei~o~ ~e~ec ro~~ PiIS IS PRiN~E~ IXJ FlEGYGLE~ PA~EII REPORT NO.: PD-56-93 PAGE 2 height is 10.5 m as opposed to 5.0 m for accessory structures. The application was dismissed as not being required. 1.3 Application A93/018 was submitted to permit the construction of an attached garage to an existing dwelling, thereby reducing the required 3 m (10 ft.) interior side yard to 1.43 m (4.7 ft.). Staff did not support the application as being minor in nature or desirable. The Central Lake Ontario Conservation Authority Staff also did not support the application as the entire subject lands are floodprone. The Committee TABLED the application at the proponents request to allow time for revisions to be made. 1.4 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. 1.5 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 ~-~ j ! ~~.v ~.-~, Franklin Wu, M.C.I.P. Lawrence E. Kotself`~,` Director of Planning Chief Administra ive and Development Officer ~ ~ CP*FW*cc *Attach. 28 June 1993 THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A93/017 APPLICANT: KARIM HIRJI AGENT: PROPERTY DESCRIPTION 3729 LAKESHORE ROAD, NEWCASTLE, ONT PART LOT: 24 CONCESSION: BF TOWNSHIP: CLARKE PLAN NUMBER: - - ZONING: RS & EP HEARING DATE: 17-Jun-93 DECISION: APPEAL DATE: 17-Jul-93 MINOR VARIANCE: TO ALLOW THE APPLICANT TO LEGALIZE AN ADDITION TO A DETACHED GARAGE HAVING HEIGHT LIMIT OF .76M (2.5 FT.) GREATER THAN THE BY- LAW MAXIMUM OF 5M (16.4 FT.) REASON FOR DECISION: THAT AS THE APPLICATION APPEARS TO COMPLY WITH THE BY-LAW REQUIREMENTS FOR A SINGLE DETACHED UNIT WITH AN ATTACHED GARAGE THE APPLICATION BE DISMISSED WITHOUT PREJUDICE '~I~ THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A93/018 APPLICANT: JOHN WALLACE AGENT: PROPERTY DESCRIPTION 52 WEST BEACH ROAD, BOWMANVILLE PART LOT: 10 CONCESSION: BF TOWNSHIP: BOWMANVILLE PLAN NUMBER: lOM-150 -16 ZONING: RSl HEARING DATE: 17-Jun-93 DECISION: TABLED APPEAL DATE: 17-Jul-93 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT AN ATTACHED GARAGE TO A DWELLING SITUATED ON A LOT HAVING AN INTERIOR SIDE YARD SETBACK OF 1.43M (4.7 FT.), MINIMUM REQUIRED 3M (10 FT.) REASON FOR DECISION: THAT THE APPLICATION BE TABLED TO ALLOW THE APPLICANT TO LIASE WITH THE CONSERVATION REVIEW BOARD