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HomeMy WebLinkAboutPD-129-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: COFA.GPA Date: Monday, September 20, 1993 #: PD-129-93 File#:A93j026 to A93j028, inclusive Res. # Meeting: General Purpose and Administration Committee # Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF SEPTEMBER 2, 1993 FILE: A93j026 TO A93/028, INCLUSIVE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-129-93 be received; 2. THAT Council concur with the decision of the Committee of Adjustment made on September 2, 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 September 2, 1992, the Committee heard three (3) applications for minor variance, approving two and dismissing the other application. Details of each application and decision of the Committee is attached for information. 1.2 Application A93j028 was submitted to recognize a lot having non-complying lot frontage and side yard setbacks. The applicant is proposing to sever a rear portion of the lot to meld with adjacent lands. The applicant was of the impression that an application for minor variance would be required as condition of the proposed land severance. Staff reviewed the variance application submitted and are satisfied that since none of the existing non-complying situations are being impacted by the proposed future severance, the application should be dismissed. 4. 4 0 . . .2 flECYCLED PAPIER PAPEfl RECYCLE n,l$ IS Pf1J~HED ON F1ECYCLED rAPER REPORT NO.: PD-129-93 PAGE 2 1.3 Application A 93/027 was to allow the continued construction of a barn which was located less than 15 m from the lot line. The Committee APPROVED it subject to approval from C.L.O.C.A. and Ministry of Agriculture and Food. Ministry staff have provided favourable comment. 1. 4 Application A93/026 was to legalize the second half of a linked dwelling constructed with a separation distance of greater than 1.5 m. An application for the other half of the lot was heard and approved at the previous meeting. 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. 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, dl~~ ~ Franklin Wu, M.C.I.P. Director of Planning and Development CP*FW*cc *Attach. 13 September 1993 :;45 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A93/026 ******************** APPLICANT: DOUGLAS ORR AGENT: ORD, ROBT. J. PROPERTY DESCRIPTION 8 COULSON COURT PART LOT: 30 CONCESSION: 1 TOWNSHIP: CLARKE PLAN NUMBER: lOM-82S -42R ZONING: Rl HEARING DATE: 2-Sep-93 DECISION: APPROVED APPEAL DATE: 2-0ct-93 MINOR VARIANCE: TO .LEGALIZE A LINKED DWELLING HAVING A SEPARATION DISTANCE OF l.SSM (S.08 FT.) AS OPPOSED TO THE MAXIMUM OF l.SOM (4.92 FT.) REASON FOR DECISION: THAT AS THE APPLICATION IS DEEMED TO BE IN KEEPING WITH THE GENERAL INTENT OF THE O.P. & ZONING BY-LAW, IS MINOR IN NATURE AND IS IN THE BEST INTERESTS OF DEVELOPMENT, THE APPLICATION BE APPROVED. . I L~ ( ,; ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A93/027 ******************** APPLICANT: IVAN KACHNIJ AGENT: WM. KACHNIJ PROPERTY DESCRIPTION 3540 COURTICE ROAD, COURTICE PART LOT: 29 CONCESSION: 3 TOWNSHIP: DARLINGTON PLAN NUMBER: ZONING: A HEARING DATE: 2-Sep-93 DECISION: APPROVED APPEAL DATE: 2-0ct-93 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONTINUE TO CONSTRUCT A FARM BUILDING ON A PARCEL OF LAND HAVING A SIDE YARD SETBACK OF 10.4M (34 FT.), MINIMUM REQUIRED 15M (50 FT.) REASON FOR DECISION: THAT AS THE APPLICATION IS DEEMED TO BE IN KEEPING WITH THE GENERAL INTENT OF THE O.P. & ZONING BY-LAW, IS MINOR IN NATURE & DESIRABLE, THE APPLICATION BE APPROVED SUBJECT TO THE APPLICANT SATISFYING THE CONCERNS OF MIN. OF AGRICULTURE & FOOD AND CLOCA 1.-47 .J / THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A93/028 ******************** APPLICANT: HYNES & KLAWITTER AGENT: IRWIN HAMILTON PROPERTY DESCRIPTION 117 DUKE STREET, BOWMANVILLE PART LOT: 11 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: ZONING: R HEARING DATE: 2-Sep-93 DECISION: DISMISSED APPEAL DATE: 2-0ct-93 MINOR VARIANCE: TO ALLOW THE CREATION OF A LOT FOR A SINGLE FAMILY DWELLNG HAVING A FRONTAGE OF 11.38M, MINIMUM REQ'D. 15M, AND RETAIN A DWELLING HAVING A SIDE YARD SETBACK OF 0.1SM AND 3.3M, FOR A DWELLING WITH NO ATTACHED GARAGE OR CARPORT REASON FOR DECISION: THAT AS THE APPLICATION IS NOT NECESSARY IT BE DISMISSED WITHOUT PREJUDICE 548