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HomeMy WebLinkAboutPD-2-95DN: COFA.GPA REPORT Meeting: General Purpose and Administration Committee File # Monday, January 9, 1995 Res. #��'� Date: PD -2 -95 A94/054 and A94/055 By -Law # Repent #: File #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF DECEMBER 22, 1994 FILE: A94/054 AND A94/055 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -2 -95 be received; 2. THAT Council concur with the decisions of the Committee of Adjustment made on December 22, 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 Municipality for minor variance are scheduled to be heard within 30 days of being received by the Secretary Treasurer. The Committee heard two (2) applications at the December 22, 1994 meetings approving one and tabling the other. 1.2 Application A 94/054, submitted by Sherri Allen proposed an addition to an existing storage shed which would exceed the maximum allowable coverage of 40% of the main building floor area. The applicant's have an existing shed of approximately 70 m2 (750 sq. ft.) to which they proposed an addition of 50 m2 (540 sq. ft.) . The total floor area of the accessory structure, if the variance was approved, would be 95% of the floor area of dwelling, versus the 40% permitted. ....2 523 REPORT NO.: PD -2 -95 PAGE 2 1.3 Staff did not support the variance as being minor, or desirable. In addition to Staff's recommendation for denial, the Health Department provided written comments advising they could not support the application. The proposed addition would occupy the only suitable land available for a replacement tile bed area, due to the well location. 1.4 The applicants advised that the Health Department had verbally approved the application. Furthermore they suggested they did not need a replacement tile field as they could use a holding tank. The Committee TABLED the application, to allow the applicant to clarify the Health Department's position. 1.5 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. 1.6 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. 23 December 1994 Reviewed by, W. H. Stockwell Chief Administrative Officer THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON FILE NUMBER: A94/054 * * * * * * * * * * * * * * * * * * ** APPLICANT: SHERI ALLEN AGENT: COMMITTEE OF ADJUSTMENT PERIODIC REPORT PROPERTY DESCRIPTION 5243 OLD SCUGOG RD. PART LOT: 13 CONCESSION: TOWNSHIP: DARLINGTON 0111 kN ski III u13pi; ZONING: RH HEARING DATE: 22- Dec -94 APPEAL DATE: 21- Jan -95 DECISION: TABLED MINOR VARIANCE: TO ALLOW THE APPLIANT TO CONSTRUCT AN ADDITION TO AN ACCESSORY BUILDING WHICH WOULD EXCEED THE MAXIMUM ALLOWABLE COVERAGE OF 40% OF THE MAIN DWELLING TOTAL FLOOR AREA. REASON FOR DECISION: TO ALLOW THE APPLICANT TO REVISE THE SIZE OF THE PROPOSED ADDITION 52J THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A94/055 * * * * * * * * * * * * * * * * * * ** APPLICANT: C/O JOHN CARTER, EXECUTOR AGENT: IRWIN A. HAMILTON PROPERTY DESCRIPTION 32 SECOND STREET, BOWMANVILLE PART LOT: 1 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: - - ZONING: R HEARING DATE: 22- Dec -94 DECISION: APPROVED APPEAL DATE: 21- Jan -95 MINOR VARIANCE: TO LEGALIZE AN EXISTING DWELLING SITUATED ON A LOT HAVING AN EXTERIOR SIDE YARD SETBACK OF 4.OM (13.2 FT.), MINIMUM REQUIRED 6M (19.7 FT.) AND HAVING A REAR YARD SETBACK OF 3.08M (10.1 FT.), MINIMUM REQUIRED 7.5M (24.6 FT.) REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE O.P. & ZONING BY -LAW & IS DEEMED TO BE MINOR AND DESIRABLE, THE APPLICATION BE APPROVED SUBJECT TO THE ACCESSORY BUILDINGS BEING MOVED IN COMPLIANCE WITH THE ZONING BY -LAW.