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HomeMy WebLinkAboutPD-4-96i/ DN: OMB.GPA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File #h c Date: Monday, January 8, 1996 `� �.. Res. #��- f� "�� - ,� >. Report #: PD -4 -96 File #:A 95/001 By -law # APPEAL Subject: SUMMARY REPORT OF ONTARIO MUNICIPAL BOARD HEARING -. LITY OF CLARI INGTON DECISION COMMITTEE OF THE OF Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -4 -96 be received for information. 1. BACKGROUND 1.1 In January of 1995, Mr. Davies submitted an application for a minor variance. The application sought relief from the parking requirements of the zoning by -law to permit a mini -putt in addition to existing convenience store and residential dwelling located on Second Ave. in Bowmanville. 1.2 The application was heard by the Committee of Adjustment on February 16, 1995. A number of neighbouring residents appeared at the meeting in opposition to the application. The residents objected to the application based on potential parking problems associated with the proposed mini -putt. 1.3 Despite local residents objection, the Committee of Adjustment approved the application. Subsequently, the area residents appeared before Council. As a result, Council filed an appeal to the Ontario Municipal Board against the decision of the Committee of Adjustment. 2 527 REPORT NO. PD -4 -96 PAGE 2 2. ONTARIO MUNICIPAL BOARD HEARING 2.1 The Ontario Municipal Board convened a hearing on December 6, 1995 to hear the appeal. Planning Staff and the solicitor were at the hearing presenting planning evidence in support of the appeal. A number of neighbouring residents attended the hearing and spoke in opposition to the application. 2.2 At the end of the hearing the board member gave a verbal decision stating the application does not meet the four tests as required in the Planning Act, ie: it does not conform to the intent of the Official Plan, the zoning by -law, is not minor in nature and not in the public interest. As a result, the appeal was allowed and the minor variance was denied. Respectfully submitted, _r Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development CP *FW *cc December 22, 1995 Reviewed by, W. H. Stockwell Chief Administrative Officer W