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HomeMy WebLinkAboutPD-109-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON KOOXXX DN: COFA.GPA PD-109-93 A93/018 to A 93/022, inclusive File #: # Meeting: General Purpose and Administration Committee File # Date: Monday, July 19, 1993 Report #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JULY 8, 1993 FILE: A93/018 TO A93/022, INCLUSIVE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-109-93 be received; 2. THAT Council concur with the decision of the Committee of Adjustment made on July 8, 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. 1.1 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 July 8, 1993 the Committee heard four (4) applications for minor variance, approving three and denying the other. Details of each application and decision of the Committee is attached for information. 1.2 Application A93/019 was submitted to permit an expansion to a fuel bar kiosk. The existing kiosk has a floor area of 19.38 m2, where the by-law permits a maximum 9 m2. The applicant has seeking approval for an additional 7.30 m2 for a proposed total floor area of 26.77 m2. This is approximately three times the maximum permitted in the by-law, and therefore was not considered to be minor in nature. Said application was Denied by the Committee of Adjustment. ...2 I1ECYClEO PAPIER PAPER RECYCLE THIS IS PRINTED ON RECYCLED PAPER REPORT NO.: PD-56-93 PAGE 2 3. Application A 93-020 was to legalize a lot having a lesser lot area and frontage than required. The application was filed as a result of a surveying error. 4. Application A93/021 proposed a variance to a side yard setback. Said variance would permit an expansion to an existing dwelling. 5. Application A 93/022 proposed to reduce the required exterior side yard from 6.0 m to 4.0 m. Staff were of ~he opinion the size of the variance could be reduced. The applicant agreed with this positi~n. As a result the approved variance allows a 4.6 m exterior side yard. 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. 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 ,'I f} 0 '. r~~~~~~.),~X~~,-/ Franklin Wu, M.C.I.P. Director of Planning and Development CP*FW*cc *Attach. 9 July 1993 ? -~', - ~/ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A93/019 ******************** APPLICANT: ESSO PETROLEUM AGENT: ECS CONSTRUCTION & ENGINEERING PROPERTY DESCRIPTION 1451 KING ST., HWY #2, COURTICE PART LOT: 34 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: ZONING: C-6 HEARING DATE: 8-Jul-93 DECISION: DENIED APPEAL DATE: 7-Aug-93 MINOR VARIANCE: TO ALLOW THE APPLICANT TO ENLARGE A GAS BAR KIOSK THAT IS ALREADY LARGER THAN THE BY-LAW WOULD PERMIT REASON FOR DECISION: THAT AS THE APPLICATION IS NOT CONSIDERED TO BE MINOR IN NATURE AND THAT EXPANSION OF THE KIOSK WOULD NOT BE DESIRABLE FOR THE DEVELOPMENT OF THE SITE AND NEIGHBOURHOOD, THE APPLICATION BE DENIED J24 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A93/020 ******************** APPLICANT: SCHICKEDANZ BROS. LTD. AGENT: 921395 ONTARIO INC. LIZA HOMES PROPERTY DESCRIPTION 8 ELEPHANT HILL DRIVE PART LOT: 9 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 10M-830 -24 ZONING: R1 HEARING DATE: 8-Jul-93 DECISION: APPROVED APPEAL DATE: 7-Aug-93 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT A SINGLE FAMILY DWELLING ON A LOT HAVING A FRONTAGE OF 9.55M (31.3 FT.), MINIMUM REQUIRED ISM, AND HAVING LOT AREA OF 332.3 SQ.METRES, MINIMUM REQUIRED 460 SQ. METRES. REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS CONSIDERED TO BE MINOR IN NATURE AND DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR. J25 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A93/021 ******************** APPLICANT: THOMAS & SANDRA MCALEESE AGENT: J.R. FREETHY ARCHITECT PROPERTY DESCRIPTION 3 MARYLEAH COURT, BOWMANVILLE PART LOT: 15 CONCESSION: 3 TOWNSHIP: DARLINGTON PLAN NUMBER: 10M-755 -18 ZONING: RE-4 HEARING DATE: 8-Jul-93 DECISION: APPROVED APPEAL DATE: 7-Aug-93 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT AN ADDITION TO A SINGLE FAMILY DWELLING ON A LOT HAVING AN INTERIOR SIDE YARD SETBACK OF 4.496M (14.7 FT.), MINIMUM REQUIRED 6M (20 FT.) REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW, IS CONSIDERED MINOR IN NATURE AND DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR, SUBJECT TO THE REMOVAL OF THE DECK J26 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A93/022 ******************** APPLICANT: KIDDICORP INVESTMENTS LTD. AGENT: D.G. BIDDLE & ASSOCIATES PROPERTY DESCRIPTION PART LOT: 30 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: ZONING: R-1 HEARING DATE: 8-Jul-93 DECISION: APPROVED APPEAL DATE: 7-Aug-93 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT A SEMI/LINK DWELLING ON A LOT HAVING AN EXTERIOR SIDE YARD SETBACK OF 4.0M (13 FT.), MINIMUM REQUIRED 6M (20 FT.) REASON FOR DECISION: THAT AS THE AMENDED APPLICATION FOR A 4.6M EXTERIOR SIDE YARD IS CONSIDERED DESIRABLE AND MINOR IN NATURE, THE AMENDED APPLICATION BE APPROVED. C) 7 '-~ I ,__} l._