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Home My WebLink AboutPD-36-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: PD -36 -97 REPORT Meeting: General Purpose and Administration Committee File # ,b r Date: Monday, March 17, 1997 Res. Report #: 'D - Subject: MONITORING OF THE DECISION OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF 00 Recommendations: 1. THAT Report PD -36 -97 be received; 2. THAT Council concur with the decisions of the Committee of Adjustment made at the meeting on February 27, 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 Committee approved the application heard. 1.2 Application A96/007 was approved for the variance in height, but the request for a reduction in rear and side yard setbacks was denied. 1.3 Application A96/008 was tabled at Staff's recommendation and the request of the applicant to allow resolution of concerns through the site plan agreement process. 1.4 Application A97/009 was approved as applied for. REPORT PD -36 -97 PAG E 2 1.5 Applications A97/010 - A97/016, inclusive, were made by Liza Homes to reduce the exterior side yard setbacks on 8 lots in an existing plan of subdivision formerly owned by Ashdale Development Corporation. Committee did not approved the application as applied for, but did approve a reduction in the exterior side yard setback of 4.5 metres. Although Staff recommended the variance be approved at 1.0 metres, or a setback of 5.0 metres, we do not feel that an appeal of the Committee's decision is warranted 1.6 Staff have reviewed the Committee's decision with respect to the above- referenced applications and are satisfied that they 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 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.R.P. Director of Planning & Development SL *FW *km Attach. Stockwell Chief Administrative Officer THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A97/007 APPLICANT: WILLIAM & SYLVIA BROWNELL AGENT: WILLIAM & SYLVIA BROWNELL PROPERTY DESCRIPTION 261 LIBERTY STREET NORTH PART LOT: 10 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: - - ZONING: R1 HEARING DATE: 27- Feb -97 DECISION:APPROVED IN PART APPEAL DATE: 4- Mar -97 MINOR VARIANCE: TO REDUCE ACCESSORY BUILDING REAR YARD SETBACK TO 0.46 M (1.51 FT), THE SIDE YARD SETBACK TO 0.305 M (1.15 FT), AND TO INCREASE THE HEIGHT TO 6.71 M (22.0 FT) AS OPPOSED TO MAX. 5 M (16.4 FT). REASON FOR DECISION: THAT THE VARIANCE FOR HEIGHT BE APPROVED AS APPLIED FOR AND THE REAR YARD AND SIDE YARD BE DENIED. risim THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A97/008 APPLICANT: MARTIN & FRED WOOD AGENT: MARTIN & FRED WOOD PROPERTY DESCRIPTION 7 DIVISION STREET PART LOT: 12 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 1OR -1272 - ZONING: Cl HEARING DATE: 27- Feb -97 DECISION: TABLED APPEAL DATE: 18- Mar -97 MINOR VARIANCE: TO REDUCE THE NUMBER OF PARKING SPACES REQUIRED BY THREE (3) & TO ALLOW A DRIVEWAY, ON ONE SIDE, WHICH IS 3.88 M (12.73 FT) WIDE AS OPPOSED TO 6.0 METRES (19.69 FT) MINIMUM FOR TWO -WAY TRAFFIC. REASON FOR DECISION: TO TABLE THE APPLICATION TO MARCH 20, 1997, OR UNTIL ISSUES ARE RESOLVED THROUGH THE SITE PLAN APPLICATION. Im THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A97/009 * * * * * * * * * * * * * * * * * * ** APPLICANT: 829426 ONTARIO INC. AGENT: DAVID BAFFA PROPERTY DESCRIPTION 2383 HIGHWAY NO. 2 PART LOT: 16 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 10R -3066 - ZONING: C1 -14 HEARING DATE: 27- Feb -97 DECISION: APPROVED APPEAL DATE: 18- Mar -97 MINOR VARIANCE: TO PERMIT A BUILDING FACADE OF 100 M (328.1 FT), HAVING A 1 METRE (3.28 FT) SETBACK, BY -LAW ALLOWS A BUILDING FACADE MAXIMUM LENGTH OF 90 METRES (295.21 FT) WITH 1 METRE (3.28 FT) SETBACK. REASON FOR DECISION: THAT AS THE APPLICATION IS MINOR AND DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A97/010 APPLICANT: 1198241 ONTARIO INC. AGENT: 1198241 ONTARIO INC. PROPERTY DESCRIPTION 1 KERSHAW STREET PART LOT: 9 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 40M -1676 -1 ZONING: Rl HEARING DATE: 27- Feb -97 DECISION: APROVED AS AMENDED APPEAL DATE: 18- Mar -97 MINOR VARIANCE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 6.0 METRES (19.7 FT) TO 4.03 METRES (13.22 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 IS APPROVED AT 4.5 METRES. m I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A97/011 APPLICANT: 1198241 ONTARIO INC. AGENT: 1198241 ONTARIO INC. PROPERTY DESCRIPTION 11 KERSHAW STREET PART LOT: 9 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 40M -1676 - ZONING: R1 HEARING DATE: 27- Feb -97 DECISION: APPROVED AS AMENDED . APPEAL DATE: 18- Mar -97 MINOR VARIANCE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 6.0 METRES (19.7 FT) TO 4.25 METRES (13.94 FT). REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY -LAW AND DEEMED TO BE CONSIDERED MINOR AND DESIRABLE, IT IS APPROVED AT 4.5 METRES. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A97/012 * * * * * * * * * * * * * * * * * * ** APPLICANT: 1198241 ONTARIO INC. AGENT: 1198241 ONTARIO INC. PROPERTY DESCRIPTION 19 KERSHAW STREET PART LOT: 9 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 40M -1676 -22 ZONING: R1 HEARING DATE: 27- Feb -97 DECISION: APPROVED AS AMENDED APPEAL DATE: 18- Mar -97 MINOR VARIANCE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 6.0 METRES (19.7 FT) TO 4.0 METRES (13.1 FT). REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY -LAW AND IS DEEMED TO BE MINOR & DESIRABLE IN NATURE, THAT THE APPLICATION BE APPROVED AT 4.5 METRES. 643 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A97/013 * * * * * * * * * * * * * * * * * * ** APPLICANT: 1198241 ONTARIO INC. AGENT: 1198241 ONTARIO INC. PROPERTY DESCRIPTION 33 KERSHAW STREET PART LOT: 9 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 40M -1676 -25 ZONING: Rl HEARING DATE: 27- Feb -97 DECISION: APPROVED AS AMENDED APPEAL DATE: 18- Mar -97 MINOR VARIANCE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 6.0 METRES (19.7 FT) TO 4.0 METRES (13.1 FT). REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY -LAW AND IS DEEMED TO BE MINOR & DESIRABLE THAT THE APPLICATION BE APPROVED AT 4.5 METRES. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A97/614 APPLICANT: 1198241 ONTARIO INC. AGENT: 1198241 ONTARIO INC. PROPERTY DESCRIPTION 35 FLAXMAN AVENUE PART LOT: 9 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 40M -1676 -33 ZONING: Rl HEARING DATE: 27- Feb -97 DECISION: APPROVED AS AMENDED APPEAL DATE: 18- Mar -97 MINOR VARIANCE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 6 METRES (19.7 METRES) TO 4.0 METRES (13.12 FT). REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY -LAW AND DEEMED TO BE MINOR & DESIRABLE, THAT IT BE APPROVED AT 4.5 METRES. E THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A97/015 APPLICANT: 1198241 ONTARIO INC. AGENT: 1198241 ONTARIO INC. PROPERTY DESCRIPTION 36 FLAXMAN AVENUE PART LOT: 9 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 40M -1676 -34 ZONING: Rl HEARING DATE: 27- Feb -97 APPEAL DATE: 18- Mar -97 DECISION: APPROVED AS AMENDED MINOR VARIANCE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 6 METERS (19.7 FT) TO 4.25 METRES (13.94 FT). REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY -LAW AND IS MINOR & DESIRABLE IN NATURE THAT IT BE APPROVED AT 4.5 METRES. ,t m THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A97/016 * * * * * * * * * * * * * * * * * * ** APPLICANT: 1198241 ONTARIO INC. AGENT: 1198241 ONTARIO INC. PROPERTY DESCRIPTION 2 KERSHAW PART LOT: 9 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 40M -1676 -86 ZONING: Rl HEARING DATE: 27- Feb -97 APPEAL DATE: 18- Mar -97 DECISION: APPROVED AS AMENDED MINOR VARIANCE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 6.0 METRES (19.7 FT) TO 4.75 METRES (15.6). 5 REASON FOR DECISION: THAT AS THE APPLICATION IS DEEMED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY -LAW AND IS DEEMED TO BE MINOR & DESIRABLE, THE APPLICATION BE APPROVED AT 4.5 METRES. 647