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Home My WebLink AboutPD-5-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN:PD -5-97 REPORT EPOR Meeting: General Purpose and Administrative Committee File # Date: Monday, January 6, 1997 Res. - - ' % Report #: PD -5 -97 File #: By -law # Subject: • •- OF DECISIONS OF • OF FOR THE MEETING OF DECEMBER 12,1996 FILES: A96/052, A96/057, A96/062 TO 06 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -5 -97 be received; 2. THAT Council concur with the decisions of the Committee of Adjustment made on December 12, 1996, with the exception of A96/057 & A96/066; and 3. THAT the Committee of Adjustment decision on application A96/057, by D.K. Gottwald be Appealed to the Ontario Municipal Board. 4. 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 A96/057, A96/063, A96/065 and A96/066 were approved as applied for. Application A96/062 was approved subject to the applicant obtaining site plan approval. Application A96/064 was approved subject to the applicant illustrating on the site plan the location and number of parking spaces subject to this minor variance. Application A96/052 was denied as it was deemed to not be in conformity with the Official Plan and Zoning By -law. • • REPORT PD -5 -97 PAGE2 2. A96/057 GOTTWALD 2.1 Staff have reviewed the Committee's decisions with respect to Application A96/057 and are not satisfied that the Committee's decision conforms to the general intent of the Official Plan and Zoning By -law, nor is the application minor in nature and desirable. As the last day for appeal was January 2, 1997, and there were no General Purpose and Administration Committee and Council meetings following the December 12, 1996 Committee of Adjustmentmeeting, staff have filed an appeal. The appeal will only be furthered if supported by Council. 2.2 Application A96/057 was to permit the creation of a lot having a frontage of 13.72 metres (45 ft) as opposed to the required 15 metres (49.2 ft). The lot subject to the application was created through the land severance process in the fall of 1995 with a 0.3 metre (1 ft) reserve on the Mearns Road frontage being dedicated to the Municipality to prohibit direct driveway access so as to ensure the subject land will be developed in conjunction with abutting properties to the east and south when McFeeters Crescent is extended (see attached sketch). In our comments to the Committee of Adjustment both the Public Works Department and Planning Department objected to the minor variance application to reduce the frontage as it would force the Municipality to remove the 0.3 metre (1 ft) reserve to permit direct access onto Mearns Avenue which is designated as a Type C Arterial Road in both the Regional Official Plan and the Clarington Official Plan. 2.3 Furthermore, the approval would set a precedent for adjoining property owners. Staff consider the decision of the Committee of Adjustment will have a detrimental impact on the planned function of Mearns Avenue. It also impacts the viability of completing McFeeters Crescent as originally planned. As a result, it is considered as piecemeal development contrary to the Clarington Official Plan. Staff recommend the Committee of Adjustments decision be APPEALED. REPORT PD -5 -97 PAGES 3 A96/066 CORMIER / MORRISON 3.1 Staff did not support application A96/066 which was approved by the Committee. This application was filed to recognize an existing deck, approximately 0.5 metres high, built to within 0.03 metres (.125 ft.) of the property line. There was a petition received in objection, as well one individual attended the meeting and spoke in opposition to the application. In consideration of the minor nature of the application and the cost and staff time involved in an appeal, it is recommended that the decision of the Committee not be challenged. 4. CONCLUSIONS 4.1 Staff have reviewed the Committee's decision with respect to the above- referenced applications and are satisfied that the applications approved, with the exception of A96/057 and A96/066, conform to the general intent of the Official Plan and Zoning By -law and are minor in nature and desirable. 4.2 Council's approval of the recommendations contained in this report 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, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development SL *CP *FW *km Attachment 19 DECEMBER 1996 Reviewed by, W. H. Stockwell Chief Administrative Officer Im THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A96/052 * * * * * * * * * * * * * * * * * * ** APPLICANT: ETIENNE CHARLES CALESTANI AGENT: ETIENNE CHARLES CALESTANI PROPERTY DESCRIPTION 63 ABBEYWOOD CRESCENT PART LOT: 31 CONCESSION: 3 TOWNSHIP: DARLINGTON PLAN NUMBER: 1OM -772 -71 ZONING: (R2) HEARING DATE: 12- Dec -96 DECISION: DENIED APPEAL DATE: 31- Dec -96 MINOR VARIANCE: TO REDUCE THE INTERIOR SIDE YARD SETBACK FROM 1.2 METRES (3.94 FT) TO 0.3 METRES (.98 FT). REASON FOR DECISION: THAT THE APPLICATION BE DENIED AS IT IS NOT IN CONFORMITY WITH THE ZONING BY -LAW AND OFFICIAL PLAN. Is ml THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT FILE NUMBER: A96/057 * * * * * * * * * * * * * * * * * * ** APPLICANT: D.K. GOTTWALD AGENT: D.K. GOTTWALD PERIODIC REPORT PROPERTY DESCRIPTION 75 MEARNS AVENUE PART LOT: 8 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 40R- 16365- ZONING: R1 HEARING DATE: 12- Dec -96 DECISION: APPROVED APPEAL DATE: 31- Dec -96 MINOR VARIANCE: TO REDUCE THE MINIMUM LOT FRONTAGE FROM 15 METRES (49.2 FT) TO 13.72 METRES (45.0 FT). REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AS APPLIED FOR AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY -LAW. t '� THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A96/062 * * * * * * * * * * * * * * * * * * ** APPLICANT: MARTINO NURSING CENTRES LTD. AGENT: C.A. LECNER, DEVELOPMENT & MARKETING PROPERTY DESCRIPTION 264 KING STREET EAST PART LOT: 9 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 1OR -1732 - ZONING: HEARING DATE: 12- Dec -96 DECISION: APPROVED APPEAL DATE: 31- Dec -96 MINOR VARIANCE: TO DECREASE THE PARKING SPACE SIZE FROM 5.7 M BY 2.75 M TO 4.88 M BY 2.29 M FOR 17 SPACES AND, DECREASE THE NUMBER OF PARKING SPACES REQUIRED FROM 80 TO 78. REASON FOR DECISION: THAT THE APPLICATION BE APPROVED, SUBJECT TO SITE PLAN APPROVAL. Ir THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT f .s. FILE NUMBER: A96/063 * * * * * * * * * * * * * * * * * * ** APPLICANT: SUSAN & DAVID GOULD AGENT: SUSAN & DAVID GOULD PROPERTY DESCRIPTION 9004 MOSPORT ROAD PART LOT: 33 CONCESSION: 9 TOWNSHIP: CLARKE PLAN NUMBER: - - ZONING: HEARING DATE: 12- Dec -96 DECISION: APPROVED APPEAL DATE: 31- Dec -96 MINOR VARIANCE: TO REDUCE THE REAR YARD SETBACK OF AN EXISTING DWELLING, FROM 10 METRES (32.8 FT) TO 9.29 METRES (30.49 FT), A DIFFERENCE OF 0.71 METRES (2.33 FT). REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY -LAW & IS DEEMED TO BE MINOR & DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A96/064 * * * * * * * * * * * * * * * * * * ** APPLICANT: JOURDAN AT CLARINGTON INC. AGENT: SURESH SINGH PROPERTY DESCRIPTION 95 WELLINGTON STREET PART LOT: 12 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: - - ZONING: HEARING DATE: 12- Dec -96 DECISION: APPROVED APPEAL DATE: 31- Dec -96 MINOR VARIANCE: TO DECREASE THE LENGTH OF 11 UNDERGROUND PARKING SPACES FROM 5.7 M (18.7 FT) TO 5.47 M (17.95 FT) AND DECREASE THE LENGTH OF 18 UNDERGROUND PARKING SPACES FROM 5.7 M (18.7 FT) TO 5.64 M (18.5 FT). REASON FOR DECISION: THAT THE APPLICATION BE APPROVED PROVIDING THE APPLICANT INDICATES ON THE APPROVED SITE PLAN DRAWING, THE LOCATION & THE AMOUNT OF PARKING SPACES SUBJECT TO MINOR VARIANCES. THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A96/065 * * * * * * * * * * * * * * * * * * ** APPLICANT: MR. & MRS. P. BATHE AGENT: MR. & MRS. P. BATHE PROPERTY DESCRIPTION 25 TIMBERLANE COURT PART LOT: 32 CONCESSION: 3 TOWNSHIP: DARLINGTON PLAN NUMBER: 40M -1786 -6 ZONING: HEARING DATE: 12- Dec -96 DECISION: APPROVED APPEAL DATE: 31- Dec -96 MINOR VARIANCE: TO REDUCE THE MINIMUM REAR YARD SETBACK FOR A NEWLY CONSTRUCTED RESIDENCE FROM 15 METRES (49.2 FT) TO 9.2 METRES (30.2 FT.), A DIFFERENCE OF 5.8 METRES (19.0 FT). REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY -LAW, & IS DEEMED TO BE MINOR & DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A96/066 * * * * * * * * * * * * * * * * * * ** APPLICANT: EVERETT CORMIER & JUNE MORRISON AGENT: EVERETT CORMIER & JUNE MORRISON PROPERTY DESCRIPTION 24 STAGEMASTER CRESCENT PART LOT: 29 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: 40M -1779 -3 ZONING: HEARING DATE: 12- Dec -96 DECISION: APPROVED APPEAL DATE: 31- Dec -96 MINOR VARIANCE: TO REDUCE SIDE YARD SETBACK FROM 0.59 M (1.94 FT) TO 0.0381 M (0.125 FT). REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AS IT IS MINOR IN NATURE AND DESIRABLE. w