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Home My WebLink AboutPD-54-94THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -54 -94 be received; 2. THAT Council concur with the decision of the Committee of Adjustment made on April 28, 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. On April 28, 1994, the Committee heard six (6) applications for minor variance. All six applications were approved as applied for. Details of each application and decision of the Committee is attached for information. 1.2 Application A 94/013 by Willsonia Industries Ltd. is for a variance to the parking requirements. The applicant is proposing to lease currently vacant floor area to a dentist. The required parking for such a use is five (5) spaces, based on the approved site plan the applicant is able to provide two (2) spaces for the amount of floor area occupied by the dentist. X35 ....2 'CYCLER RE THGG PRMDQ RECYCLED PAPER DN: COFA.GPA REPORT Meeting: General Purpose and Administration Committee Fide # "� i ? S} S•CU Date: Monday, May 16, 1994 c Res. �� Pry PD -54 -94 A94/012 to A94/017, inclusive By-Law # Report #: File #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF APRIL 28, 1994 FILE: A94/012 TO A94/0171 INCLUSIVE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -54 -94 be received; 2. THAT Council concur with the decision of the Committee of Adjustment made on April 28, 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. On April 28, 1994, the Committee heard six (6) applications for minor variance. All six applications were approved as applied for. Details of each application and decision of the Committee is attached for information. 1.2 Application A 94/013 by Willsonia Industries Ltd. is for a variance to the parking requirements. The applicant is proposing to lease currently vacant floor area to a dentist. The required parking for such a use is five (5) spaces, based on the approved site plan the applicant is able to provide two (2) spaces for the amount of floor area occupied by the dentist. X35 ....2 'CYCLER RE THGG PRMDQ RECYCLED PAPER REPORT NO.: PD -54 -94 PAGE 2 1.3 The Committee of Adjustment previously granted relief from the requirements of the Zoning By -law for one parking space and one loading space when site plan approval was being considered. Staff did not consider the variance applied for at this time minor or desirable for the development. 1.4 The Committee of Adjustment did approve the application as applied for. In consideration of the current economic climate, as well as the time and cost associated with an Ontario Municipal Board hearing, Staff do not recommend an appeal of the Committee's decision. 1.5 Staff have reviewed the Committee's decision 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, Reviewed by, Franklin Wu, M.C.I.P. W. H. Stoc wel, Director of Planning Chief Administrative and Development Officer CP *FW *cc *Attach. 9 May 1994 �_�O THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A94/012 * * * * * * * * * * * * * * * * * * ** APPLICANT: MORRIS FUNERAL CHAPEL LIMITED AGENT: D.R. FREETHY, ARCHITECT PROPERTY DESCRIPTION 4 DIVISION STREET PART LOT: 12 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: - ZONING: Cl HEARING DATE: 28- Apr -94 DECISION: APPROVED APPEAL DATE: 28- May -94 MINOR VARIANCE: TO ALLOW A VARIANCE FROM THE BY -LAW TO PERMIT THE EXPANSION OF AN EXISTING LEGAL NON - CONFORMING BUILDING IN THE C -1 ZONE BY ADDING A 55.74 M2 (600 SQ. FT.) SINGLE STOREY ADDITION. REASON FOR DECISION: AS THE APPLICATION IS DEEMED TO BE IN CONFORMITY WITH THE O.P. & Z.B., AND DEEMED TO BE MINOR AND DESIRABLE, THE APPLICATION IS APPROVED AS APPLIED FOR. ,;} '% 7 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A94/013 * * * * * * * * * * * * * * * * * * ** APPLICANT: WILLSONIA INDUSTRIES LTD. AGENT: PROPERTY DESCRIPTION 129 KING STREET EAST PART LOT: 11 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: - - ZONING: Cl HEARING DATE: 28- Apr -94 DECISION: APPROVED APPEAL DATE: 28- May -94 MINOR VARIANCE: TO ALLOW A VARIANCE TO THE REQUIRED PARKING PROVISIONS FOR THE SITE FROM THE REQUIRED 5 FOR A DENTIST OFFICE TO THE EXISTING 2. REASON FOR DECISION: AS THE APPLICATION IS DEEMED TO BE IN CONFORMITY WITH THE O.P. AND Z.B., AND DEEMED TO BE MINOR AND DESIRABLE, THE APPLICATION IS APPROVED AS APPLIED FOR. 1-1 / 8 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A94/014 * * * * * * * * * * * * * * * * * * ** APPLICANT: PAUL & LISA HALMINEN AGENT: LYNDA TOWNSEND 613 MILL STREET PART LOT: 27 CONCESSION: BF TOWNSHIP: CLARKE PLAN NUMBER: - - ZONING: RC -1 /A -1 HEARING DATE: 28- Apr -94 DECISION: APPROVED APPEAL DATE: 28- May -94 MINOR VARIANCE: TO REDUCE THE MINIMUM LOT FRONTAGE REQUIREMENT FROM 50M (164.04 FT.) TO 45.2M (148.29 FT.). REASON FOR DECISION: AS THE APPLICATION IS DEEMED TO BE IN CONFORMITY WITH THE O.P. AND Z.B. 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: A94/015 * * * * * * * * * * * * * * * * * * ** APPLICANT: PAUL & LISA HALMINEN AGENT: LYNDA TOWNSEND PROPERTY DESCRIPTION 613 MILL STREET PART LOT: 27 CONCESSION: BF TOWNSHIP: CLARKE PLAN NUMBER: - - ZONING: RC -1 HEARING DATE: 28- Apr -94 DECISION: APPROVED APPEAL DATE: 28- May -94 MINOR VARIANCE: TO REDUCE THE MINIMUM LOT FRONTAGE REQUIREMENT FROM 50M (164.04 FT.) TO 45.2M (148.29 FT.). REASON FOR DECISION: AS THE APPLICATION IS DEEMED TO BE IN CONFORMITY WITH THE O.P. AND Z.B., 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: A94/016 * * * * * * * * * * * * * * * * * * ** APPLICANT: KIDDICORP INV. LTD AGENT: DONEVAN FLEISCHMANN PETRICK LTD. PROPERTY DESCRIPTION THORNBURY STREET PART LOT: 33 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: 1OM -824 -55 ZONING: R1 HEARING DATE: 28- Apr -94 DECISION: APPROVED APPEAL DATE: 28- May -94 MINOR VARIANCE: TO RECOGNIZE AN EXISTING LOT WITH A 14.88M (48.5 FT.) FRONTAGE, MINIMUM REQUIRED 15M (49.2 FT.). REASON FOR DECISION: AS THE APPLICATION IS DEEMED TO BE IN CONFORMITY WITH THE O.P. AND Z.B. AND DEEMED TO BE MINOR AND DESIRABLE, THE APPLICATION IS APPROVED AS APPLIED FOR. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT FILE NUMBER: A94/017 * * * * * * * * * * * * * * * * * * ** APPLICANT: THOMAS C. MCKEE AGENT: PERIODIC REPORT PROPERTY DESCRIPTION 26 LIVING COURT PART LOT: 28 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: 40M -4675 -10 ZONING: RI HEARING DATE: 28- Apr -94 DECISION: APPROVED APPEAL DATE: 28- May -94 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT A HOT TUB ON A LOT HAVING A SIDEYARD SETBACK OF 1.2M (4 FT.), MINIMUM REQUIRED 6M (19.69 FT.). REASON FOR DECISION: THAT AS THE APPLICATION IS DEEMED TO BE IN CONFORMITY WITH THE O.P. & ZONING BY -LAW AND DEEMED TO BE MINOR AND DESIRABLE, THE APPLICATION BE APPROVED FOR A REDUCTION IN THE EXTERIOR SIDEYARD TO 1.2M FOR THE 3.5M2 AREA REQ'D. TO CONSTR. THE PROP. HOT TUB.