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HomeMy WebLinkAboutPD-137-94r, DN: COFA.GPA Meeting: General Purpose and Administration Committee Date: Monday, December 12, 1994 Report #: PD- 137 -94 File #; A94/051 to A94/053 INCLUSIVE File # Res. #C� By-Law # Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF NOVEMBER 24, 1994 FILE: A94/051 to A94/053 INCLUSIVE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 137 -94 be received; 2. THAT Council concur with the decisions of the Committee of Adjustment made on November 24, 1994 for applications A ,94/52 and A94/053; 3. THAT application A94/051 be APPEALED, and the appeal be withdrawn at such time as the applicant provides the Director of Public Works with an acceptable grading plan and a letter of undertaking that no further minor variance applications will be applied for to reduce the rear yard setback for other lots in the same subdivision. 4. 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 for applications A94/52 and A94/053. 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 heard a three (3) applications at the November 24, 1994 meetings. All three applications were approved by the Committee. Details of each application and decision of the Committee is attached for information. ....2 PE�o API Pa ECYCL THIS IS PRRIIED a4 RECYCLED PAPER REPORT NO.: PD- 137 -94 PAGE 2 1.2 Application A 94/051, submitted by Veltri Homes, proposed to reduce the rear yard of a linked dwelling unit on Borland Court to 6.15 m (20.17 ft.) from the required 7.5 m (24.6 ft) . Three neighbouring residents attended the meeting in objection to the application. In addition to objecting to the proposed variance, the neighbours raised concerns that this application if approved will set a precedence for future variances within this development. 1.3 The Public Works Department had requested the application be TABLED until such time a grading plan was submitted, confirming that the lot will have a 6.0 m useable rear yard area. As of the writing of this report, no grading plan has been received. 1.4 Although the lot is pie shaped and has a large side yard, the reduction in rear yard has the potential of impacting privacy of neighbouring rear yards. 1.5 Staff do not support the application as being minor in nature. The proponent has various house models approved by the Municipality, five (5) of which could be constructed without need for a variance. 1.6 Staff would recommend that the application be appealed unless the applicant can demonstrate that a proper grading plan can be approved as a result of the reduced rear yard setback. In addition, in consideration of the concerns raised by the neighbours, the applicant is required to provide a letter of undertaking indicating that no further minor variance applications will be applied for reduced rear yard setback for other lots in the same subdivision. If the applicant can satisfy the above conditions, the appeal will be withdrawn. ....3 REPORT NO.: PD- 137 -94 PAGE 3 1.7 Staff have reviewed the Committee's decision with respect to the balance of the decisions and are satisfied that they conform to the general intent of the Official Plan and the Zoning By -law are minor in nature and desirable. 1.8 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 the decision of the Committee of Adjustment. Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning and Development CP *FW *cc *Attach. 5 December 1994 Reviewed by, W. H. Stockwell Chief Administrative Officer THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A94/051 * * * * * * * * * * * * * * * * * * ** APPLICANT: 511060 ONTARIO LTD. /VELTRI HOMES AGENT: PROPERTY DESCRIPTION 48 BORLAND COURT, BOWMANVILLE, ON PART LOT: 11 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 40M -1680 -9L ZONING: Rl HEARING DATE: 24- Nov -94 APPEAL DATE: 24- Dec -94 DECISION: APPROVED MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT A SINGLE FAMILY DWELLING ON A LOT HAVING A REAR YARD SETBACK OF 6.15M (20 FT.), MINIMUM REQUIRED 7.5M REASON FOR DECISION: AS THE APPLICATION IS IN KEEPING WITH THE O.P. AND ZONING BY -LAW, IS CONSIDERED MINOR IN NATURE AND DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR 504 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A94/052 * * * * * * * * * * * * * * * * * * ** APPLICANT: HELMUT & OLGA KRAUTSCHEK AGENT: PROPERTY DESCRIPTION 24 SUMMERLEA COURT, COURTICE, ONT PART LOT: 35 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: 10M -773 -73 ZONING: R HEARING DATE: 24- Nov -94 APPEAL DATE: 24- Dec -94 DECISION: APPROVED MINOR VARIANCE: TO LEGALIZE AN ACCESSORY BUILDING SITUATED ON A LOT HAVING AN INTERIOR SIDE YARD SETBACK OF OM, MINIMUM REQUIRED 1.2M, AND SETBACK FROM THE PRINCIPLE DWELLING UNIT OF .46M (18 "), MINIMUM REQUIRED 1.2M REASON FOR DECISION: THE APPL. BE APPROVED AS APPLIED FOR, SUBJ. TO THE APPLICANT HAVING AN ENGINEER CONFIRM TO THE SATISFACTION OF THE P.W.D. & CLOCA THE REVISED GRADING DOES NOT NEGATIVELY IMPACT THE NEIGHBOURING LOT, & THAT THE APPL. OBTAIN A PERMIT AND APPROVAL THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON FILE NUMBER: A94/053 * * * * * * * * * * * * * * * * * * ** APPLICANT: ROULA KARAM AGENT: BASSAM KARAM COMMITTEE OF ADJUSTMENT PERIODIC REPORT PROPERTY DESCRIPTION 25 ORCHARD PARK DRIVE PART LOT: 9 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 1OM -782 -8 ZONING: Rl HEARING DATE: 24- Nov -94 DECISION: APPROVED APPEAL DATE: 24- Dec -94 MINOR VARIANCE: TO LEGALIZE A DECK CONSTRUCTED ON A PROPERTY HAVING A REAR YARD SETBACK OF HOUSE OF 7.44M (24.4 FT.), MINIMUM REQUIRED 7.5M (24.6 FT.) AND A REDUCTION IN REAR YARD SETBACK OF DECK STAIRS OF 5.6M (18.4 FT.), MINIMUM REQUIRED 6M (20 FT.) REASON FOR DECISION: THAT AS THE APPLICATION IS IN KEEPING WITH THE O.P. AND ZONING BY- LAW, IS DESIRABLE AND CONSIDERED MINOR IN NATURE, THE APPLICATION BE APPROVED AS APPLIED FOR. ®i