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Home My WebLink AboutPD-129-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: COFA.GPA REPORT Meeting: General Purpose and Administration Committee File # yh � � { Date: Monday, September 23, 1996 Res. Report #: PD- 129 -96 File #: A96/009, A96/010, 96/031 By -law # TO A96/041 INCLUSIVE Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR MEETINGS OF JUNE 27, JULY 18, AUGUST 8 & SEPTEMBER 5, 1996 FILES: A96/009, A96/010, 96/031 TO A96/041 INCLUSIVE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 129 -96 be received; 2. THAT Council concur with the decisions of the Committee of Adjustment made on June 27, July 18, August 8 and September 5, 1996; 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 A96/009 and A96/010 had been tabled ten (10) weeks prior, to allow the applicant time to fulfil the Central Lake Ontario Conservation Authority's ( CLOCA) requirements. Committee granted approval subject to the applicant receiving a permit from CLOCA and meeting Clarington Public Works Department requirements. Applications A96/032, A96/03309, A96/035 to A96/037 inclusive were approved as applied for. Applications A96/034, A96/038, and A96/040 were approved subject to various conditions recommended by Planning staff. 662 REPORT NO. PD- 129 -96 PAGE 2 Application A96/041 was approved subject to the Central Lake Ontario Conservation Authority (CLOCA) issuing a permit for construction. Application A96/031 was tabled for three (3) months to allow the applicant time to satisfy the requirements of Clarington Public Works and CLOCA. Application A96/039 was withdrawn by the applicant prior to the meeting. 1.3 Staff have reviewed the Committee's decisions with respect to the above - referenced applications and are satisfied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. 1.3 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, Fra-61din Wu, M.C.I.P., R.P.P. Director of Planning and Development SL *CP *FW *cc *Attach. 13 September 1996 Reviewed by, W. H. 866kwell Chief Administrative Officer THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A96/009 APPLICANT: EARL & VALERIE WALSH AGENT: BOX 7 PROPERTY DESCRIPTION 8166 AKED ROAD PART LOT: 5 CONCESSION: 8 TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: HEARING DATE: 27- Jun -96 DECISION: APPROVED APPEAL DATE: 16- Jul -96 MINOR VARIANCE: THE APPLICATION WAS MADE TO REDUCE THE LOT FRONTAGE FROM 30 METRES TO 12.2 METRES AND RECOGNIZE THE LEGAL NON - CONFORMING LOT OF 4.34 HECTARES, MINIMUM REQUIRED IS 40 HECTARES. REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE O.P. & ZONING BY -LAW THAT THE APPLICATION BE APPROVED SUBJECT TO RECEIVING A PERMIT FROM CLOCA & AN ENTRANCE PERMIT FROM CLARINGTON PUBLIC WORKS DEPARTMENT. bM- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A96/010 * * * * * * * * * * * * * * * * * * ** APPLICANT: R.WILLIAM & TERRY PAKOSTA AGENT: DAN STRIKE PROPERTY DESCRIPTION 2930 CONCESSION ROAD 8 PART LOT: 5 CONCESSION: 8 TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: HEARING DATE: 27- Jun -96 DECISION: APPROVED APPEAL DATE: 16- Jul -96 MINOR VARIANCE: APPLICATION WAS MADE TO REDUCE THE LOT AREA FROM EXISTING 4.06 HECTARES TO 3.76 HECTARES, MINIMUM REQUIRED IS 40 HECTARES. REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY -LAW, THE APPLICATION BE APPROVED SUBJECT TO RECEIVING A PERMIT FROM CLOCA. La 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 110 KING STREET WEST PART LOT: 13 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 1OR -1453 - ZONING: HEARING DATE: 27- Jun -96 DECISION: TABLED APPEAL DATE: 16- Jul -96 MINOR VARIANCE: REDUCTION OF PARKING SPACES REQUIRED FROM 48 SPACES TO 40 SPACES AND LOADING SPACES FROM 3 TO 2 SPACES. REASON FOR DECISION: THAT THE APPLICATION BE TABLED, FOR A PERIOD UP TO THREE (3) MONTHS, TO ALLOW THE APPLICANTS TO SATISFY THE REQUIREMENTS OF THE CLARINGTON PUBLIC WORKS DEPARTMENT AND CLOCA. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A96/032 * * * * * * * * * * * * * * * * * * ** APPLICANT: NORMAN & SHIRLEY JOHNSON AGENT: NORMAN & SHIRLEY JOHNSON PROPERTY DESCRIPTION 49 GRANVILLE DR. PART LOT: 31 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: 40M -1709 - ZONING: HEARING DATE: 27- Jun -96 DECISION: APPROVED APPEAL DATE: 16- Jul -96 MINOR VARIANCE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 3.27 METRES TO PERMIT AN ADDITION TO THE HOUSE. REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY -LAW, AND ZONING, AND IS DEEMED TO BE MINOR IN NATURE & THAT THE APPLICATION BE APPROVED. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT FILE NUMBER: A96/033 * * * * * * * * * * * * * * * * * * ** APPLICANT: MARK ROBINSON AGENT: MARK ROBINSON PERIODIC REPORT PROPERTY DESCRIPTION 47 ROBERT ST E PART LOT: 28 CONCESSION: 1 TOWNSHIP: CLARKE PLAN NUMBER: 10R -2117 - ZONING: HEARING DATE: 18- Jul -96 DECISION: APPROVED APPEAL DATE: 6- Aug -96 MINOR VARIANCE: TO REDUCE THE REQUIRED SIDE YARD SETBACK FROM 4.5 METRES TO 3.9 METRES TO RECOGNIZE AN EXISTING HOUSE WITHOUT AN ATTACHED GARAGE. 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. ��r THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT FILE NUMBER: A96/034 APPLICANT: MATT L. BARRESE AGENT: MATT L. BARRESE PERIODIC REPORT PROPERTY DESCRIPTION 6446 REGIONAL RD 34 PART LOT: 31 CONCESSION: 6 TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: HEARING DATE: 18- Jul -96 DECISION: APPROVED APPEAL DATE: 6- Aug -96 MINOR VARIANCE: SEEKS RELIEF FROM SECT. 31.16D - 40 % REQUIRED OF MAIN BUILDING FLOOR AREA FOR ACCESSORY BUILDINGS. WANTS 59% FORA PROPOSED 5 CAR GARAGE WITH MACHINERY STORAGE. REASON FOR DECISION: THAT AS THE APPL. IS CONSIDERED TO BE IN CONFORMITY WITH THE OP & ZONING BY -LAW, AND IS DEEMED TO BE MINOR & DESIRABLE THAT, SUBJECT TO THE 2 ACCESSORY BUIDINGS BEING REMOVED WITHIN 2 MONTHS OF THE B/P BEING ISSUED, THE APPL. BE APPROVED FOR 168.5 SQ.M. f THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON FILE NUMBER: A96/035 * * * * * * * * * * * * * * * * * * ** APPLICANT: LEON WALSH AGENT: LEON WALSH COMMITTEE OF ADJUSTMENT PERIODIC REPORT PROPERTY DESCRIPTION 7 GRANVILLE DRIVE PART LOT: 31 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: 1OM -834 -24 ZONING: HEARING DATE: 8- Aug -96 DECISION: APPROVED APPEAL DATE: 27- Aug -96 MINOR VARIANCE: TO REDUCE ACCESSORY BLDG. REQ'D SETBACKS FROM 1.2 M. (3.94 FT.) TO 0.10 M. (4 INCHES) & TO LEGALIZE THE EXISTING HOUSE WHICH HAS BEEN CONSTRUCTED WITH AN INTERIOR SIDEYARD SETBACK OF 1.37 M. (4.5 FT.) VERSUS THE MIN. REQ'D OF 4.5 M. (15 FT.). REASON FOR DECISION: THAT APPROVAL BE GRANTED TO A REDUCED SETBACK OF 0.6 M FOR BOTH THE REAR & SIDE YARD SETBACK OF THE ACCESS. STRUCTURE, AS OPPOSED TO 1.2 M REQ'D, AND TO LEGALIZE THE HOUSE WITH A 1.37 M SIDE YARD AS OPPOSED TO THE MINIMUM REQUIRED. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT FILE NUMBER: A96/036 APPLICANT: MICHAEL, JOSEPH AGENT: SAM L. CUREATZ PERIODIC REPORT PROPERTY DESCRIPTION 4162 LAKESHORE ROAD PART LOT: 15 CONCESSION: BF TOWNSHIP: CLARKE PLAN NUMBER: - - ZONING: HEARING DATE: 8- Aug -96 DECISION: APPROVED APPEAL DATE: 27- Aug -96 MINOR VARIANCE: TO CREATE AN AGRICULTURE LOT OF 37.6 HECTARES (92.9 ACRES) VERSUS THE MINIMUM REQUIRED OF 40 HECTARES (98.8 ACRES). REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY -LAW AND IT IS MINOR IN NATURE AND DESIREABLE, THE APPLICATION BE APPROVED TO ALLOW THE CREATION OF 37.6 HECTARE LOT. Ism THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT FILE NUMBER: A96/037 * * * * * * * * * * * * * * * * * * ** APPLICANT: MICHAEL, JOSEPH AGENT: SAM L. CUREATZ PERIODIC REPORT PROPERTY DESCRIPTION 4162 LAKESHORE ROAD PART LOT: 15 CONCESSION: BF TOWNSHIP: CLARKE PLAN NUMBER: - - ZONING: HEARING DATE: 8- Aug -96' DECISION: APPROVED APPEAL DATE: 27- Aug -96 MINOR VARIANCE: TO CREATE AN AGRICULTURE LOT OF 37.6 HECTARES (92.9 ACRES) VERSUS THE MINIMUM REQUIRED OF 40 HECTARES (98.8 ACRES). REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY -LAW AND IT IS DESIREABLE & MINOR IN NATURE, THE APPLICATION BE APPROVED AS APPLIED FOR TO CREATE A 37.6 HECTARE PARCEL. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A96/038 * * * * * * * * * * * * * * * * * * ** APPLICANT: SUSAN REEVES & DEBRA WILSON AGENT: SUSAN REEVES & DEBRA WILSON PROPERTY DESCRIPTION 67 DEVONDALE ST. PART LOT: 32 CONCESSION: 3 TOWNSHIP: DARLINGTON PLAN NUMBER: 1OM -809 -5 ZONING: HEARING DATE: 8- Aug -96 DECISION: APPROVED APPEAL DATE: 27- Aug -96 MINOR VARIANCE: TO ALLOW A HOUSE WITHOUT ATTACHED GARAGE (BY -LAW REQUIRES THE HOUSE TO HAVE AN ATTACHED GARAGE) & TO REDUCE THE ACCESSORY BLDGS. SIDEYARD & REAR YARD SETBACKS FROM 1.2 M. TO 0.3 M. & ACCESSORY BLDG. SEPARATION FROM THE HOUSE FROM 1.3 M. TO 0.0 M. REASON FOR DECISION: THAT THE APPLICATION BE APPROVED TO PERMIT A HOUSE WITHOUT AN ATTACHED GARAGE AND TO REDUCE THE SETBACK FOR 1 ACCESSORY BLDG. TO 0.3 METRE SIDE AND REAR YARD SETBACKS AND TO ALLOW 1 ACCESSORY STRUCTURE ALSO FOR POOL RELATED USES TO 0.3 M FROM THE HOUSE. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT FILE NUMBER: A96/040 APPLICANT: COGAN, JUDITH A. AGENT: ROSSKOPF, HERB PERIODIC REPORT PROPERTY DESCRIPTION 90 MILL ST PART LOT: 18 CONCESSION: 5 TOWNSHIP: DARLINGTON PLAN NUMBER: 1OR -1377 -1 ZONING: HEARING DATE: 5- Sep -96 DECISION: APPEAL DATE: 24- Sep -96 MINOR VARIANCE: TO INCREASE THE MAXIMUM AREA ALLOWED FOR AN ACCESSORY BUILDING FROM 40% TO 69% OF THE FLOOR AREA OF THE DWELLING. REASON FOR DECISION: AS THE APPL. IS IN KEEPING WITH THE O.P. AND THE ZONING BY -LAW, IS DESIRABLE & CONSIDERED MINOR, APPROVAL BE GRANTED FOR A 528 SQ.FT. GARAGE WHILE RETAINING THE EXISTING 96 SQ.FT. SHED. THE 80 SQ.FT. SHED IS TO BE REMOVED WIHTIN 2 MONTHS OF B/P ISSUANCE. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A96/041 APPLICANT: CHRISTINE BROWN -READ AGENT: CHRISTINE BROWN -READ PROPERTY DESCRIPTION 49 WEST BEACH ROAD PART LOT: 10 CONCESSION: BF TOWNSHIP: BOWMANVILLE PLAN NUMBER: -150 -20 ZONING: HEARING DATE: 5- Sep -96 DECISION: APPROVED APPEAL DATE: 24- Sep -96 MINOR VARIANCE: TO REDUCE THE EXISTING LEGAL NON- COMPLYING INTERIOR SIDE YARD SETBACK FROM 1.37 METRES (4.5 FT) TO 1.189 METRES (3.9 FT). REASON FOR DECISION: AS THE APPLICATION IS IN KEEPING WITH THE O.P. AND THE ZONING BY- LAW, IS DESIRABLE AND CONSIDERED MINOR IN NATURE, THE APPLICATION BE APPROVED AS APPLIED FOR SUBJECT TO THE APPROVAL OF CLOCA. rul