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Home My WebLink AboutPD-124-96DN:PD124.97 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administrative Committee File #� Date: Monday, September 8, 1997 Res. _ f - (� ry Report #: PD- 124 -96 File #: By -law # Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JULY 24, AND AUGUST 14, 1997 FILES: A97/037, A97/040, INCLUSIVE TO A97/048 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 124 -97 be received; 2. THAT Council concur with the decisions of the Committee of Adjustment made on July 3, July 24 and August 14, 1997; and 3. THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decision 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 Municipality for minor variance are scheduled to be heard within 30 days of being received by the Secretary Treasurer. 1.2 Applications A97/040, and A97/042 to A97/048, inclusive, were approved as applied for. 1.3 Application A97/041 was approved, provided that the location of the septic bed is verified by the Regional Health Unit and this is received in writing by the Planning Department, within 90 days of the decision of the Committee. ../2 6990116 REPORT PD- 124 -96 1.4 Application A97/037 was denied by the Committee. This application was deemed undesirable for the neighbourhood. The said application proposed to permit the construction of a 1.8 metre (6 ft) fence within two sight triangles. Clarington Public Works Department did not support the application as pedestrian & motorist visibility would be obstructed, posing a safety concern. The decision of the Committee was appealed by the owner to the Ontario Municipal Board. A date for the hearing has not yet been set. 1.5 The Committee's decisions with respect to all the above - referenced applications are considered to conform to the general intent of the Official Plan and Zoning By- law. Furthermore, the Committee's decision to approve A97/040 to A97/048 are considered minor in nature and desirable. 1.6 Council's concurrence with the Committee of Adjustment decisions is required in order to afford Staff's official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. Respectfully submitted, Reviewed by, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development SL *FW *km Attachment 26 AUGUST 1997 -r W. H. Stockwell Chief Administrative Officer 69901 / THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A97/037 * * * * * * * * * * * * * * * * * * ** APPLICANT: CHIASSON, WILLIAM AGENT: WILLIAM CHIASSON PROPERTY DESCRIPTION 42 SIMPSON AVENUE PART LOT: 9 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: -633 -113 ZONING: R1 HEARING DATE: 3- Jul -97 DECISION: DENIED APPEAL DATE: 23- Jul -97 MINOR VARIANCE: TO BUILD A 1.8M (6FT) HIGH FENCE ON THE PROPERTY LINE OF THE EXTERIOR SIDEYARD AND REAR YARD WHICH WOULD ENCROACH INTO THE REQUIRED REAR YARD SIGHT TRIANGLE 1.15M (3.76FT), AND INTO THE EXTERIOR SIDEYARD SIGHT TRIANGLE 0.13M (0.34 FT). REASON FOR DECISION: THAT THE APPLICATION BE DENIED AS IT IS NOT DESIRABLE FOR THE NEIGHBOURHOOD. 6 99U1H THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A97/040 * * * * * * * * * * * * * * * * * * ** APPLICANT: HARRIS, JOHN & SUSAN AGENT: JOHN & SUSAN HARRIS PROPERTY DESCRIPTION 89 HIGH STREET PART LOT: 11 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: - -12 ZONING: R1 HEARING DATE: 3- Jul -97 DECISION: APPROVED APPEAL DATE: 23- Jul -97 MINOR VARIANCE: TO RECOGNIZE A DWELLING WITH INTERIOR SIDE YARD SETBACKS OF 0.59 METRES ON ONE SIDE AND 1.16 METRES ON THE OTHER SIDE, WHERE THE BY- LAW REQUIRES A MINIMUM OF 1.2 METRES. REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY -LAW, AND DEEMED TO BE MINOR AND DESIRABLE IN NATURE, THAT THE APPLICATION BE APPROVED. 699019 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A97/041 * * * * * * * * * * * * * * * * * * ** APPLICANT: PEDRETTI, L. & NOTRARANDREA, E. AGENT: L. PEDRETTI & E. NOTARANDREA PROPERTY DESCRIPTION 2887 CONCESSION STREET EAST PART LOT: 6 CONCESSION: 1 TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: A -1 HEARING DATE: 3- Jul -97 DECISION: APPROVED APPEAL DATE: 23- Jul -97 MINOR VARIANCE: TO SEVER AN EXISTING HOUSE FROM A LOT, THEREBY REDUCING AN AGRICULTURAL LOT FROM 7.11 HA (17.6 AC) TO 6.7 HA (16.6 AC) WHERE THE ZONING BY -LAW REQUIRES 40 HA (100 AC). REASON FOR DECISION: THAT THE APPLICATION BE APPROVED ON THE CONDITION THAT HEALTH UNIT APPROVAL ON LOCATION OF SEPTIC BED IS RECEIVED IN WRITING BY THE PLANNING DEPARTMENT, WITHIN 90 DAYS. 6 99020 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A97/042 * * * * * * * * * * * * * * * * * * ** APPLICANT: BOWLER, LORNA & MURIEL AGENT: LORNA & MUREL BOWLER PROPERTY DESCRIPTION 2616 PRESTONVALE ROAD PART LOT: 33 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: 40R- 16663 -1 ZONING: Rl ((H)R1) HEARING DATE: 3- Jul -97 DECISION: APPROVED APPEAL DATE: 23- Jul -97 MINOR VARIANCE: TO REDUCE THE LOT FRONTAGE FROM 15 M (49.2 FT) TO 14.78 M (48.5 FT) TO ALLOW THE CREATION OF A SECOND LOT. REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY -LAW AND IS DEEMED TO BE MINOR AND DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR. 699021 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A97/043 * * * * * * * * * * * * * * * * * * ** APPLICANT: BOWLER, LORNA & MURIEL AGENT: LORNA & MUREL BOWLER PROPERTY DESCRIPTION 2616 PRESTONVALE ROAD PART LOT: 33 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: 40R- 16663 -1 ZONING: R1 ((H)R1) HEARING DATE: 3- Jul -97 DECISION: APPROVED APPEAL DATE: 23- Jul -97 MINOR VARIANCE: TO REDUCE THE LOT FRONTAGE FROM 15 M (49.2 FT) TO 13.87 M (45.5 FT) TO ALLOW THE CREATION OF A SECOND LOT. REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE MINOR AND DESIRABLE, AND IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY -LAW, THAT THE APPLICATION BE APPROVED AS APPLIED FOR. 6 99022 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A97/044 * * * * * * * * * * * * * * * * * * ** APPLICANT: BRONSEMA, JENNIFER AGENT: JENNIFER BRONSEMA PROPERTY DESCRIPTION 35 JOHN WALTER CRESCENT PART LOT: 32 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: 40M -1709 -10 ZONING: R1 HEARING DATE: 3- Jul -97 DECISION: APPROVED APPEAL DATE: 23- Jul -97 MINOR VARIANCE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 4.35 METRES TO 1.8 METRES AND THE REAR YARD SETBACK FROM 6 METRES TO 4.3 METRES TO PERMIT THE CONSTRUCTION OF A DECK AND GAZEBO. REASON FOR DECISION: THAT THE APPLICATION BE APPROVED TO REDUCE THE EXTERIOR SIDE YARD SETBACK TO 1.8 METRES (5.91 FT) AND THE REAR YARD SETBACK TO 4.3 METRES (14.11 FT) . 699 023 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A97/045 APPLICANT: POTTER, GRAHAM & JACQUELINE AGENT: POTTER, GRAHAM & JACQUELINE PROPERTY DESCRIPTION 3321 OLD SCUGOG ROAD PART LOT: 15 CONCESSION: 3 TOWNSHIP: DARLINGTON PLAN NUMBER: 1OM -793 -2 ZONING: RE HEARING DATE: 24- Jul -97 DECISION• APPROVED APPEAL DATE: 13- Aug -97 MINOR VARIANCE: TO CONSTRUCT AN ACCESSORY BUILDING WHICH WOULD EXCEED THE MAXIMUM ALLOWABLE REQUIREMENT OF 40% OF THE MAIN FLOOR AREA BY 227 SQ. FT. REASON FOR DECISION: THAT AS THE APPL. IS CONSIDERED TO BE IN CONFORMITY WITH THE OP & ZONING BYLAW, & MINOR IN NATURE, IT BE APPROVED TO ALLOW A TOTAL ACCESSORY BLDG. FLOOR AREA OF 111.5 SQ M, SUBJECT TO REMOVAL OF THE TEMP. ACCESSORY STRUCTURE WITHIN 4 MO. OF THE DECISION. 6 99024 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A97/046 APPLICANT: ALLION, MR. & MRS. AGENT: ALLION, MR. & MRS. PROPERTY DESCRIPTION 62 OLD KINGSTON RD PART LOT: 33 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: 40R- 15618- ZONING: HEARING DATE: 14- Aug -97 DECISION: APPROVED APPEAL DATE: 3- Sep -97 MINOR VARIANCE: TO ALLOW THE CONSTRUCTION OF A DETACHED GARAGE, 5.49 M HIGH, WITH A 3.5 M EXTERIOR SIDE YARD, A FLOOR AREA 30 SQ M IN EXCESS OF 40% OF THE FLOOR AREA OF THE HOUSE, & PARTIALLY WITHIN AN EP ZONE. REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY -LAW AND IS DEEMED TO BE MINOR AND DESIRABLE, THAT THE APPLICATION BE APPROVED. 699(:)�D THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A97/047 APPLICANT: HEAYAN, TIM & CAROL AGENT: HEAYAN, TIM & CAROL PROPERTY DESCRIPTION 39 HOBBS DRIVE PART LOT: 9 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: -698 -163 ZONING: R1 HEARING DATE: 14- Aug -97 DECISION: APPROVED APPEAL DATE: 3- Sep -97 MINOR VARIANCE: TO RECOGNIZE A DWELLING WITH AN EXISTING EXTERIOR SIDE YARD SETBACK OF 5.37 M (17.68 FT) AS OPPOSED TO THE REQUIRED 6.0 M (19.69 FT). REASON FOR DECISION: THAT THE REDUCTION IN EXTERIOR SIDE YARD SETBACK BE APPROVED AT 5.37 METRES AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY -LAW AND MINOR IN NATURE. 6 99026 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A97/048 APPLICANT: TROWSSE, TIM & CONNIE AGENT: TROWSSE, TIM & CONNIE PROPERTY DESCRIPTION 7833 LESKARD ROAD PART LOT: 32 CONCESSION: 7 TOWNSHIP: CLARKE PLAN NUMBER: 1OR -1283 -1 ZONING: HEARING DATE: 14- Aug -97 DECISION: APPROVED APPEAL DATE: 3- Sep -97 MINOR VARIANCE: TO CONSTRUCT A 67 SQ. M. (720 SQ.FT) DETACHED GARAGE HAVING A HEIGHT OF 6 METRES AS OPPOSED TO THE MAXIMUM PERMITTED 5 METRES, AND TO CONSTRUCT A HOUSE ADDITION WITH A 6 METRE (20 FT) REAR YARD SETBACK, MINIMUM REQUIRED 10 METRE (33 FT). REASON FOR DECISION: THAT AS THE APPL. IS CONSIDERED TO BE IN CONFORMITY WITH THE OP AND ZONING BY -LAW & IS DEEMED TO BE MINOR & DESIRABLE IN NATURE, THAT THE APPL. BE APPROVED AS APPLIED FOR. 699()27