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Home My WebLink AboutPD-18-94Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF FEBRUARY 31 1994 FILE: A94/003 TO A94/007, INCLUSIVE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -18 -93 be received; 2. THAT Council concur with the decision of the Committee of Adjustment made on February 3, 1994; and 3. THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions 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 Town for minor variance are scheduled to be heard within 30 days of being received by the Secretary Treasurer. On February 3, 1994, the Committee heard five (5) applications for minor variance, approving all five (5) applications. Details of each application and decision of the Committee is attached for information. 1.2 Application A94/004 was filed as a result of the proponents intention to convert the balance of 16 Silver Street from a legal non - conforming residential use to a commercial use. The change in use would require the provision of three (3) on -site parking spaces. In 1988, when a portion of the ground floor was converted to a commercial use, the Committee of Adjustment granted a variance from the required one (1) on -site parking space. 34 ....2 PAPER yC'E THIS Is PRIREDO R PAPER REPORT NO.: PD -13-94 PAGE 2 1.3 Staff did not support the current application as being minor in nature or maintaining the intent of the "C1" zone provisions. However, the Committee of Adjustment approved the application subject to a restriction on the permitted uses. In consideration of the condition imposed by the Committee, Staff do not believe an appeal is warranted. 1.4 Staff have reviewed the balance of the Committee's decision and are satisfied that the decisions conform to the general intent of the Official Plan and the Zoning By -law are minor in nature and desirable. 1.5 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 the decision of the Committee of Adjustment. Respectfully submitted, d Franklin Wu, M.C.I.P. Director of Planning and Development CP *FW *cc *Attach. 11 February 1994 Recommended for presentation to the Committee, tie Marano, Acting Chief Administrative Officer THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A94/003 APPLICANT: SCHICKEDANZ BROS. LTD. AGENT: J.D. BARNES LIMITED PROPERTY DESCRIPTION MARCHWOOD CRES., BOWMANVILLE PART LOT: 9 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 1OM -800 - ZONING: Rl HEARING DATE: 3- Feb -94 DECISION: APPROVED APPEAL DATE: 5- Mar -94 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT 2 SEMI /LINK DWELLINGS ON A BLOCK OF LAND HAVING MINIMUM LOT AREAS OF 0.054HA (538M2), MINIMUM LOT AREA REQUIRED 0.055HA (550M2). 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 AND DESIRABLE THE APPLICATION IS APPROVED AS APPLIED FOR. • THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A94/004 * * * * * * * * * * * * * * * * * * ** APPLICANT: FLORENCE TRAN - NADEAU AGENT: STRIKE, SALMERS & FURLONG PROPERTY DESCRIPTION 16 SILVER ST., BOWMANVILLE, ONT. PART LOT: 12 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: - - ZONING: Cl HEARING DATE: 3- Feb -94 DECISION: APPROVED APPEAL DATE: 5- Mar -94 MINOR VARIANCE: THE APPLICANT IS SEEKING VARIANCE TO REQUIRED PARKING PROVISIONS FOR THE SITE FROM 3 SPACES TO 0. REASON FOR DECISION: THAT AS THE APPL. IS DEEMED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY -LAW AND DEEMED TO BE MINOR & DESIRABLE THE APPL. IS APPROVED TO REDUCE THE REQ'D PARKING FROM 3 SPACES TO 0 AND TO RESTRICT THE PERMITTED USES TO AN ADMIN. OR PROF. OFFICE. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A94/005 APPLICANT: DOUGLAS & CATHERINE STEWART AGENT: DAN STRIKE PROPERTY DESCRIPTION 63 MILL ST. N., ORONO, ONT PART LOT: 28 CONCESSION: 5 TOWNSHIP: CLARKE PLAN NUMBER: - - ZONING: R1 -2 HEARING DATE: 3- Feb -94 DECISION: APPROVED APPEAL DATE: 5- Mar -94 MINOR VARIANCE: TO LEGALIZE A SINGLE FAMILY DWELLING HAVING A SIDEYARD SETBACK OF 4.24M (13.9 FT), MINIMUM REQUIRED 5.OM (14.76 FT.) REASON FOR DECISION: THAT AS THE APPLICATION IS DEEMED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY -LAW AND DEEMED TO BE MINOR AND DESIRABLE THE APPLICATION IS APPROVED AS APPLIED FOR. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A94/006 APPLICANT: LINDA & ANTONIO MARELLA AGENT: PROPERTY DESCRIPTION 43 SOPER CREEK DRIVE PART LOT: 8 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 10M -798 - ZONING: R1 HEARING DATE: 3- Feb -94 APPEAL DATE: 5- Mar -94 DECISION: APPROVED MINOR VARIANCE: TO LEGALIZE AN EXISTING SINGLE FAMILY DWELLING SITUATED ON A LOT HAVING LOT AREA OF 417.8M2 (4497FT2), MINIMUM REQUIRED 460M2 (4952FT2). REASON FOR DECISION: THAT AS THE APPLICATION IS DEEMED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY -LAW AND DEEMED TO BE MINOR AND DESIRABLE THE APPLICATION IS APPROVED AS APPLIED FOR. 513 9 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A94/007 * * * * * * * * * * * * * * * * * * ** APPLICANT: JOSEPH & MARIE GALARNEAU AGENT: PROPERTY DESCRIPTION 23 SOPER CREEK DRIVE PART LOT: 8 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 1OM -785 - ZONING: R2 HEARING DATE: 3- Feb -94 APPEAL DATE: 5- Mar -94 DECISION: APPROVED MINOR VARIANCE: TO LEGALIZE AN EXISTING SINGLE FAMILY DWELLING SITUATED ON A LOT HAVING LOT AREA OF 366M2 (3940FT2), MINIMUM REQUIRED 370M2 (3983FT2). REASON FOR DECISION: THAT AS THE APPLICATION IS DEEMED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY -LAW AND DEEMED TO BE MINOR AND DESIRABLE THE APPLICATION IS APPROVED AS APPLIED FOR.