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Home My WebLink AboutPD-154-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: COFA.GPA p REPORT Meeting: General Purpose and Administration Committee File # 'N3 Date: Monday, October 20, 1997 Res. #( r ao ` 5,� I- << , Report * PD- 154 -97 File #A96/031, A97/056 to A97/061 inclusive By -law # Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR MEETING OF OCTOBER 2, 1997 FILE: A96/031, A97/056 TO A97/061, INCLUSIVE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 154 -97 be received; 2. THAT Council concur with the decision of the Committee of Adjustment made on October 2, 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. The decisions of the Committee are detailed below. 1.2 Application A97/056 was tabled for a period of one month or until the next Committee of Adjustment meeting, to allow the applicant time to revise his application. Staff comments to the Committee did not support the application. 1.3 Applications A97/057 and A97/058 were applications for large accessory buildings in a residential estate subdivision. Committee found both of these applications REPORT NO. PD- 154 -97 PAGE 2 not to be minor in nature, nor desirable for the neighbourhood; however, each applicant was permitted to reduce the size of the proposed accessory buildings and both received approval for reduced structures, 81.3 m2 (875 sq. ft.) and 74.3 m2 (800 sq. ft.) respectively. Staff did not support either application as originally filed. Both applicants have verbally stated that they intend to appeal these decisions to the Ontario Municipal Board. 1.4 Application A97/059, also for a large accessory building, was denied as it was not minor in nature, was considered not in conformity with the intent of the Official Plan and Zoning By -law and not desirable for the neighbourhood. Strong opposition to this application was heard from neighbourhood property owners. 1.5 Applications A97/060 and A97/061 were approved as applied for. Application A96/031 was tabled at two previous hearings on June 27, 1996 and October 24, 1996 to allow the applicant time to satisfy the conditions of various agencies on a related application for site plan approval. The file was brought back to this meeting and the application was closed without prejudice. 1.6 Staff have reviewed the Committee's decisions and are satisfied that the applications approved by the Committee conform to the general intent of the Official Plan and Zoning By -law, and are minor in nature. 1.7 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 any decision of the Committee of Adjustment, with the exception of A97/059, staff would attend the hearing to defend the Committee's decision. 699 REPORT NO. PD- 154 -97 PAGE 3 Respectfully submitted, r' ' Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development SL *CP *FW *cc *Attach. 8 October 1997 Reviewed by, di W. H. Stockwell Chief Administrative Officer 699 uL0 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A96/031 * * * * * * * * * * * * * * * * * * ** APPLICANT: VANSTONE MILL INC. AGENT: VANSTONE MILL INC. PROPERTY DESCRIPTION KING STREET WEST PART LOT: 13 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 10R -1453 - ZONING: (H) C1 -12 HEARING DATE: 2- Oct -97 DECISION: CLOSED APPEAL DATE: 22- Oct -97 MINOR VARIANCE: REDUCTION OF PARKING SPACES REQUIRED FROM 48 SPACES TO 40 SPACES AND LOADING SPACES FROM 3 TO 2 SPACES. APPLICANT REQUESTED THAT THE APPLICATION BE WITHDRAWN. REASON FOR DECISION: THAT THE APPLICATION BE CLOSED WITHOUT PREJUDICE 699027 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A97/056 APPLICANT: DALY, MR. & MRS. MIKE AGENT: DALY, MR. & MRS. MIKE PROPERTY DESCRIPTION 2406 HANCOCK ROAD PART LOT: 27 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: RURAL CLUSTER HEARING DATE: 2- Oct -97 DECISION: TABLED APPEAL DATE: 22- Oct -97 MINOR VARIANCE: TO PERMIT AN ACCESSORY STRUCTURE HAVING A FLOOR AREA OF 94 SQ.METRE (1008 SQ.FT) AS OPPOSED TO THE MAXIMUM PERMITTED OF 44 SQ.METRE (474 SQ.FT). REASON FOR DECISION: TO TABLE FOR ONE MONTH OR TO THE NEXT MEETING TO ALLOW THE APPLICANT TO REVISE THE APPLICATION 6 99028 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT FILE NUMBER: A97/057 APPLICANT: HANSON, LEANNE AGENT: HANSON, LEANNE PERIODIC REPORT PROPERTY DESCRIPTION 6 SUMAC ROAD PART LOT: 18 CONCESSION: 10 TOWNSHIP: DARLINGTON PLAN NUMBER: 10M -765 -11 ZONING: RH -3 HEARING DATE: 2- Oct -97 DECISION: APPROVED APPEAL DATE: 22- Oct -97 MINOR VARIANCE: TO PERMIT AN ACCESSORY STRUCTURE HAVING A FLOOR AREA OF 140 SQ.M. (1500 SQ.FT) AND A HEIGHT OF 5.56 M (18.24 FT) AS OPPOSED TO THE MAXIMUM PERMITTED 68 SQ.M (732 SQ.FT) OR 40% OF THE FLOOR AREA OF THE RESIDENCE AND MAXIMUM HEIGHT OF 5 METRES (16.4 FT). REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AT 81.3 SQ. M (875 SQ.FT.) MAXIMUM, WITH A MAXIMUM HEIGHT OF 5 M. 69 909 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A97/058 APPLICANT: WILLIAMSON, FRANK AGENT: WILLIAMSON, FRANK PROPERTY DESCRIPTION 4 SUMAC ROAD PART LOT: 18 CONCESSION: 10 TOWNSHIP: DARLINGTON PLAN NUMBER: 10M -765 -11 ZONING: RH HEARING DATE: 2- Oct -97 DECISION: APPROVED APPEAL DATE: 22- Oct -97 MINOR VARIANCE: TO PERMIT AN ACCESSORY STRUCTURE HAVING A FLOOR AREA OF 140 SQ.M. (1500 SQ.FT.) AS OPPOSED TO THE MAXIMUM PERMITTED 58.5 SQ.M. (630 SQ.FT.) OR 40% OF THE FLOOR AREA OF THE RESIDENCE. REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AT 74.32 SQ.M. (800 SQ. FT.) MAXIMUM 69900 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON COMMITTEE OF ADJUSTMENT FILE NUMBER: A97/059 APPLICANT: NOKES, RICHARD AGENT: NOKES, RICHARD PERIODIC REPORT PROPERTY DESCRIPTION 64 DARLINGTON STREET PART LOT: 20 CONCESSION: 10 TOWNSHIP: DARLINGTON PLAN NUMBER: 1OR -2635 -1 ZONING: RH HEARING DATE: 2- Oct -97 DECISION: DENIED APPEAL DATE: 22- Oct -97 MINOR VARIANCE: TO PERMIT AN ACCESSORY STRUCTURE HAVING A FLOOR AREA OF 100 SQ.M. (1080 SQ.FT.) AS OPPOSED TO THE MAXIMUM PERMITTED 65.6 SQ.M. (706 SQ.FT.) OR 40% OF THE FLOOR AREA OF THE RESIDENCE. REASON FOR DECISION: THAT THE APPLICATION IS NOT MINOR IN NATURE, AND BE DENIED AS APPLIED FOR. 6990-') 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A97/060 APPLICANT: FELINSKI, WALTER AGENT: LEWANDOWSKI, JAUNSZ (JOHN) PROPERTY DESCRIPTION 2713 RUNDLE ROAD PART LOT: 22 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: - - 093ki0aiki HEARING DATE: 2- Oct -97 DECISION: APPROVED APPEAL DATE: 22- Oct -97 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF AN ADDITION TO AN EXISTING DWELLING WITHIN AN "ENVIRONMENTAL PROTECTION (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, THE APPLICATION BE APPROVED AS APPLIED FOR. 699U/2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A97/061 APPLICANT: CRONK, D. & FLEURY, M. AGENT: CRONK, D. & FLEURY, M PROPERTY DESCRIPTION 3618 LAKESHORE ROAD PART LOT: 26 CONCESSION: BF TOWNSHIP: CLARKE W.11 % 0 ki to) u ZONING: A HEARING DATE: 2- Oct -97 DECISION: APPROVED APPEAL DATE: 22- Oct -97 MINOR VARIANCE: TO CONSTRUCT A HOUSE ADDITION WITH A 3.96 M (13 FT) REAR YARD SETBACK AS OPPOSED TO THE MINIMUM REQUIRED OF 10 M (33 FT). 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 DESIREABLE, THE APPLICATION BE APPROVED AS APPLIED FOR. 6 9903