HomeMy WebLinkAboutPD-118-93
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: COFA.GPA
Date:
Tuesday, September 7, 1993
Meeting: General Purpose and Administration Committee File #
Res. #
#: PD-118-93 File#:A93/018 & A 93/023 to A93/025, incfu~~~H
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETINGS OF JULY 22, AUGUST 5 AND AUGUST 19 1993
FILE: A93/018 & A93/023 TO A93/025, INCLUSIVE
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-118-93 be received;
2. THAT Council concur with the decision of the Committee of
Adjustment made on July 22, August 5, & August 19, 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. The Committee of Adjustment held three
(3) meetings, July 22, August 5 and August 19, during which a
total of four (4) applications were dealt with. A 93/018 was
heard at two separate meetings during this time period.
1.2 Application A93/018 was originally heard on June 18, 1993 to
permit an attached garage having a side yard of 1.43 m (4.7
ft. ) instead of the minimum required 3 m (10 ft.). The
application was tabled at said meeting. The application was
revised for the meeting of July 22, 1993 to permit a carport
having a 1. 43 m setback to the sideyard lot line. The
application was TABLED as revised comments from C.L.O.C.A.were
not available. At the meeting August 5, 1993, Committee
. . .2
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flECVCLED PAPIER
PAPER RECYCLE
REPORT NO.: PD-118-93
PAGE 2
DENIED the application as not being minor. C.L.O.C.A. staff
had advised that the applicant would have to go before the
board for approval.
3. Application A 93/020 was legalize a reduced setback between
units in the Newcastle Trailer Park. The application was
APPROVED as applied for. The applicant has also submitted to
amend the site Plan Agreement to illustrate the existing
situation.
4. Application A93/024 proposed to reduce the side yard and,rear
yard setback to 0.0 m instead of the minimum required 1. 2 m
for the construction of a free standing deck. Staff did not
support the reduction of the side yard setbacks. However,
Committee determined that the application satisfied the four
tests and approved the variance as applied for., Neighbouring
land owners were in attendance at the meeting and mailed a
copy of the decision. Given the time and financial costs of
an appeal, Staff do not recommend an appeal by Council.
5. Application A 93/025 waS granted approval to recognize an
existing separation distance between links of 1.55 m as
opposed to the maximum permitted 1.5 m.
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.
. . .3
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REPORT NO.: PD-ill'tH1-93
PAGE 3
Respectfully submitted,
Recommended for presentation
to the Committee
~ (f[j)
Lawrence E. Kots~f~
Chief Administraf~e
Officer
~r nklin , M.C.I.P.
..... Director of Planning
.... and Development
CP*FW*cc
*Attach.
27 August 1993
'J ~7
L I
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A93/018
********************
APPLICANT: JOHN WALLACE
AGENT:
PROPERTY DESCRIPTION
52 WEST BEACH RD., BOWMANVILLE
PART LOT: 10 CONCESSION: BF
TOWNSHIP: BOWMANVILLE
PLAN NUMBER:
ZONING: RS-l
HEARING DATE: 22-Jul-93
DECISION: TABLED
APPEAL DATE: 21-Aug-93
MINOR VARIANCE:
TO ALLOW THE APPLICANT TO CONSTRUCT AN ATTACHED CARPORT 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:
TO ALLOW CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY TO RESPOND
AND TO ALLOW THE APPLICANT TO ATTEND
.J28
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A93/023
********************
APPLICANT: E. VAN DEWALKER
AGENT:
PROPERTY DESCRIPTION
623 KING ST. E., NEWCASTLE, ONT.
PART LOT: 25 CONCESSION: 1
TOWNSHIP: CLARKE
PLAN NUMBER:
ZONING: RM-l
HEARING DATE: 22-Jul-93
DECISION: APPROVED
APPEAL DATE: 21-Aug-93
MINOR VARIANCE:
TO ALLOW AN EXISTING UNIT TO MAINTAIN A O.OM SIDE YARD SETBACK AS
OPPOSED TO THE REQUIRED 1.8M AND TO PERMIT THE ABUTTING UNIT TO
MAINTAIN A 4.2M SIDE YARD SETBACK AS OPPOSED TO THE 5.0M MINIMUM
REQUIRED.
REASON FOR DECISION:
THAT THE APPLICATION BE APPROVED AS APPLIED FOR, PROVIDED THAT THE
SITE PLAN AGREEMENT BE AMENDED APPROPRIATELY AS THE APPL. IS
DEEMED TO BE IN KEEPING WITH THE O.P. & ZONING BY-LAW, BE IN THE
BEST INTEREST OF DEVELOPMENT OF THE LANDS & IS MINOR IN NATURE
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A93/018
********************
APPLICANT: JOHN WALLACE
AGENT:
PROPERTY DESCRIPTION
52 WEST BEACH ROAD
PART LOT: 10 CONCESSION: BF
TOWNSHIP: BOWMANVILLE
PLAN NUMBER:
ZONING: RS-l
HEARING DATE: 5-Aug-93
, DECISION: DENIED
APPEAL DATE:
4-Sep-93
MINOR VARIANCE:
TO ALLOW THE APPLICANT TO CONSTRUCT AN ATTACHED CARPORT 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 AS THE APPLICATION IS NOT CONSIDERED TO BE DESIRABLE OR MINOR
IN NATURE, THE APPLICATION BE DENIED
~,30
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A93/024
********************
APPLICANT: ROBERT & COLLEEN CAIRNS
AGENT:
PROPERTY DESCRIPTION
47 GALBRAITH COURT,BOWMANVILLE
PART LOT: 9 CONCESSION: 1
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: 10M-838 -60
ZONING: R3
HEARING DATE: 5-Aug-93
DECISION: APPROVED
APPEAL DATE:
4-Sep-93
MINOR VARIANCE:
TO ALLOW THE APPLICANT TO CONTINUE TO CONSTRUCT A DECK ON A LOT
HAVING A O.OM SIDE YARD SETBACK, AND HAVING A O.OM REAR YARD
SETBACK, MINIMUM REQUIRED 1.2M
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 & DESIRABLE, THE APPLICATION BE APPROVED, PROVIDED THAT A
PRIVACY SCREEN/RAILING BE PROVIDED ON EAST END OF DECK.
j31
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A93/025
********************
APPLICANT: DAVID & SUSAN LEE
AGENT:
PROPERTY DESCRIPTION
6 COULSON COURT
PART LOT: 30 CONCESSION: 1
TOWNSHIP: CLARKE
PLAN NUMBER: 10M-825 -42L
ZONING: Rl
HEARING DATE: 19-Aug-93
APPEAL DATE: 18-Sep-93
DECISION: APPROVED
MINOR VARIANCE:
TO LEGALIZE A LINKED DWELLING HAVING A SEPARATION DISTANCE OF
1.55M (5.08 FT.) AS OPPOSED TO THE MAXIMUM OF 1.50M (4.92 FT.)
REASON FOR DECISION:
AS THE APPLICATION IS IN KEEPING WITH THE OFFICIAL PLAN AND THE
ZONING BY-LAW, IS DESIRABLE, AND CONSIDERED MINOR IN NATURE, THE
APPLICATION BE APPROVED AS APPLIED FOR.
3,')
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