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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 2 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 "6 :J L' 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 J29 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,') J i