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HomeMy WebLinkAboutPD-128-87~-~~' ~}~:_°~'w''c~;~3 TOWN OF NEWCASTLE REPORT NFFfING: General Purpose and Administration Committee DATE: Monday, May 4, 1987 REPORT #: PD-128-87 FILE #: PLN 7.3 SUB.~CT: SUMMARY OF COMMITTEE OF ADJUSTMENT APPLICATIONS FOR THE NEETIN6 OF APRIL 9, 1987 RECOMMENDATIONS: \G( F i 1 e # r~~• ~,/ Res. # By-Law # It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-128-87 be received for information. BACKGROUND AND COMMENT: For the information of the General Purpose and Administration Committee, Staff have ~~repared the attached list of applications to the Committee of Adjustment for the meeting of April 9, 1987. This list includes the file number, applicants name, site location, type of variance requested, Official Plan Conformity, By-law Conformi ty, Staf f's comments on the applications and the Committee of Adjustment's decision. Respectfully submitted, . war s, Director of Planning Recommended for presentation to the Committee Lawrence oLSerr Chief Ad i trat i ve Office r CC*TTE*jip *Attach. April 21, 1987 ~~J TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT April 9, 1987 7:30 p.m. Court Room # 2, Fire Hall Building, Bowmanville PRESENT: Chairman Member Member Member Member Current Operations Secretary T. F. Rehder Arnold Reicheld J. P. Murdoch Gordon Barrie Bernhard Heming Planner Tim Chadder Carrol Clemens ABSENT: Member Jean Payne APPLICATIONS: A 9/87 - James Smith, Lot 30, Concession 8, Darlington . Application was made for relief from zoning by-law requirements in order to permit the applicant to construct a 1408 sq. ft. accessory building which would exceed the maximum requirement of not more than 40% of the proposed 2000 sq. ft. main building total floor area, prior to the construction :of the main residential use. Fred Smith and Irwin Hamilton appeared in support of this application. No other person appeared in support of or in opposition to this application. Moved by Mr. Murdoch, seconded by Mr. Barrie, "The Application to construct the 1408 sq. ft. accessory building prior to the construction of the main residential use is APPROVED, for the following reasons: 1. Both uses would appear to conform with the intent of the Official Plan and are permitted in the"Agricultural Exemption (A-1)" Zone. 2. Construction of the Accessory building before the con- struction of the main dwelling is not within the intent of the Zoning By-law, however, this committee in the past has given permission for this order of construction when provided with an 'Undertaking' signed by the applicant, in which he agrees to build the dwelling within a specified time (2 years). NOTE: This permission is contingent upon the applicant agreeing to sign such an 'Undertaking' document. 'Heming opposed' "CARRIED" i v ~~J Committee of Adjustment Meeting, April 9, 1987...... A 19/87 - Murray & Audrey Cora Walton, Lot 28, Conc. 2, Newcastle Village. Application was made for relief from zoning by-law requirements in order to permit the applicant to make a boundary realignment creating a lot with a frontage of 41.25 ft. (12.5 m), with a lot area of 6960 sq. ft. (645.5 sq. m), instead of the required 650 sq. m, having an existing single family dwelling with side yards of 1.21 m and 3.8 m, instead of the required 1.2 m and 4.5 m side yards. Mr. Walton appeared in support of this application, No other person appeared in support of or in opposition to this application. Moved by Mr. Rehder, seconded by Mr. Reicheld, THAT as the requested variance would not appear to offend the intent of the Official Plan or Zoning By- law and as there would~be no physical change in the property, this variance is considered minor in nature and permission is GRANTED to make a boundary realign- ment creating a lot with a 41.25 ft. frontage and an area of 6960 sq. ft. with a single family dwelling having side yards of 1.21 m and 3.8 m." "CARRIED" A 20/87 - Steve & Patti Selby, Lot 35, Conc. 4, Clarke Application was made for relief from zoning by-law requirements in order to permit the applicant to create a residential lot, main- taining the existing agricultural buildings as accessory to the main residential use, these buildings exceeding the requirement of not more than 40~ of the main building total floor area. Steve Selby and Newton Selby appeared in support of this application. ~„~,, No other person appeared in support of or in opposition to this application. Moved by Mr. Murdoch, seconded by Mr. Rehder, "THAT as the retention of these agricultura] buildings on a newly created residential lot would not appear to conform with the intent of the Official Plan or Zoning By-law and retaining accessory buil,~iings of this size would not appear to be minor, this application is only PARTIALLY GRANTED. Permission if GRANTED to retain the 24 ft. by 80 ft. drive shed on condition that the 40 ft. by 100 ft. round ~°oofed barn, foundation of same and the silos be removed." "CARRIED" t 1 ~J Committee of Adjustment Meeting, April 9, 1987.... A 21/87 - Graham Walker, Lot 35, Concession 3, Darlington Application 4~as made for relief from zoning by-law requirements in order to permit the applicant to construct a 720 sq. ft. accessory building which would exceed the maximum requirement of not more than 40% of the main building total floor area. Mr. Walker appeared in support of this application. No other person appeared in support of or in opposition to this application. Moved by Mr. Reicheld, seconded by Mr. Murdoch, "THAT as the requested variance does not appear to offend the intent of the Official Plan or Zoning By- law and appears to be minor in nature and as the dwelling has no basement or attic storage space the additional area is required for storage, therefore permission is GRANTED to construct a 720 st. ft. accessory building. " "CARRIED" A 22/81 - John & Judy Lawrence, Lot 27, Concession 5, Clarke Application was made for relief from zoning by-law requirements in order to permit the applicant to construct an attached garage leaving a 1.05 m (3.5 ft.) side yard, instead of the required 1.2 m side yard. Mr. Lawrence appeared in support of this application. No other person- appeared in support of or in opposition to this application. ,; Moved by Mr. Murdoch, seconded by Mr. Barrie, "THAT as the requested variance would not appear to offend the intent of the Official Plan or Zoning By- law and would not appear to have an adverse effect on the surrounding properties, permission is GRANTED to construct an attached garage, leaving a 1.02 m side yard." "CARRIED" Committee of Adjustment Meeting, April 9, 1987.... A 23/87 - Kenneth J. & Loreen M.A. Ball, Lot 25, Conc. 6, Clarke. Application was made for relief from zoning by-law requirements in order to permit the applicant to create a lot with an area of 2530 sq. m, instead of the required 3000 sq, m. Mr. Pollitt appeared in support of this application. No other person appeared in support of or in opposition to this application. Moved by Mr. Herring, seconded by Mr. Murdoch, "THAT this application is DENIED for the following reasons: 1. The subject lands have sufficient frontage and sufficient lot area to be able to provide two full sized lots. 2. The creation of a lot (severed) with 136:5.ft: in width would conform to the frontage and area requirements of the by-taw. 3. This would also leave a lot (retained) which conformed to the frontage, area and interior side yard requirements of the By-laws." "CARRIED" A 24/87 - Jim Baker, Lot 34, Conc. 3, Darlington. Plan 1OM787, Eot 104. Application was made for relief from zoning by-law requirements in order to permit the applicant to continue the construction of a single family dwelling having a-front yard of 5.81 m, instead of the required 6 m front yard. Mr. Fleischmann appeared in support of this application. No other person appeared in support of or in opposition to this application. Moved by Mr. Barrie, seconded by Mr. Rehder, "THAT as the requested variance appears to conform with the intent of the Official Plan and Zoning By- law and would not have a detrimental effect on the surrounding properties in the neighbourhood, per- mission is GRANTED to continue the construction of a single family dwelling having a front yard of 5.81 m, instead of the required 6 m front yard. "CARRIED" t 'z~~J __1 '~~/ Committee of Adjustment Meeting, April 9, 1987.... OTHER BUSINESS: Moved by Mr. Rehder, seconded by Mr. Murdoch, "THAT the minutes of the last meeting be approved as curculated." "CARRIED" Appeal date for the foregoing applications is May 9, 1987. 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