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Home My WebLink AboutPD-60-94Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF MAY 12 AND MAY 26, 1994 FILE: A94/018 TO A94/022, INCLUSIVE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -60 -94 be received; 2. THAT Council concur with the decision of the Committee of Adjustment made on May 12 & 26, 1994 with the exception of A94/019; 3. THAT Staff be authorized to appeal to the Ontario Municipal Board, the decision of the Committee of Adjustment with respect to A94/019; and 4. THAT Staff be authorized to appear before the Ontario Municipal Board to defend the balance of 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 May 12, 1994, the Committee heard four (4) applications for minor variance. Three (3) applications were approved as applied for while one was TABLED. On May 26, 1994, the Committee approved the one application on the agenda. Details of each application and decision of the Committee is attached for information. 1.2 Application A 94/018, seeking relief from the maximum allowable accessory building area, was TABLED at Staff's request. During the processing of the application it was determined that the total floor area of the existing accessory X15 ....2 PAP ERR RECYCLE THIS 2 PR"- Q4 RECYCLED PAPER REPORT NO.: PD -60 -94 PAGE 2 structures was 107% of the main building floor area, as opposed to the 70% applied for. The maximum permitted accessory building floor area is 40 %. 1.3 A94/019 was approved for a lot frontage of 14.98 m where the minimum required is 15.0 m for a single family dwelling unit. Although a frontage variance of 0.02 m would appear to be minor, Staff have numerous concerns with the desirability for the appropriate development of the area. 1.4 Foxhunt Trail was built through Plan of Subdivision 10M -781 as a single loaded road, providing opportunity for future severances from the existing 344 ft. deep lots fronting on Darlington Blvd. At the time of the subdivision approval, a servicing plan was prepared by the developer's consultant to allow the maximum number of large lot (15 m frontage) singles to be created from the rear yards of the Darlington Blvd. residences. 1.5 Foxhunt Trail was constructed with services to the eastern street line in accordance with this plan. Since the construction of Foxhunt Trail, several severances have taken place in conformity with the servicing scheme (See Attachment No. 1) . Due to the varying lot sizes and irregular lot lines, most lots have required, and will continue to require, neighbouring land owners to meld parts of their lands to create one (1) 15.0 m minimum frontage lot fronting on Foxhunt Trail. Currently, there are four (4) remnant pieces which have been created as surplus to a 15 m lot. These vary in frontage from 5.4 m to 13.78 m and must meld with adjacent lands in order to ensure compliance with the servicing plan and the maximum number of lots. 1.6 The variance of 0.02 m of the defined frontage creates an irregular lot (See Attachment No. 2). The required frontage J - 1 6 ....3 REPORT NO.: PD -60 -94 PAGE 3 is measured at a 6.0 m setback from the streetline. The lot is 13.82 m wide at the street line. In addition, Staff have no assurance that the triangular portion of the lot will be melded with the lands to the south to continue the orderly development of these lands. 1.7 Staff do not consider this proposed variance desirable for the development of the area, but rather as a variance of convenience. The agent who is purchasing the rear portion of the lot was also the developer of Foxhunt Trail and the one that developed the servicing scheme. 1.8 Staff have reviewed the balance of 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. 1.9 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, r_ a `Fr nklin Wu, M.C.I.P. Director of Planning and Development CP *FW *cc *Attach. 1 June 1994 Reviewed by, 2�al - _-A- t W. H. Stockwell Chief Administrative Officer c� I I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT FILE NUMBER: A94/018 * * * * * * * * * * * * * * * * * * ** APPLICANT: ANN WHITE AGENT: R.W. BRUYNSON INC. PERIODIC REPORT PROPERTY DESCRIPTION 1573 TOWNLINE ROAD NORTH PART LOT: 35 CONCESSION: 5 TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: Al HEARING DATE: 12- May -94 DECISION: TABLED APPEAL DATE: 11- Jun -94 MINOR VARIANCE: TO LEGALIZE THE EXISTING ACCESSORY STRUCTURES, INCLUDING A SWIMMING POOL ENCLOSURE, WHICH TOTAL 70% OF MAIN BUILDING FLOOR AREA, WHERE THE MAXIMUM PERMITTED FOR ACCESSORY STRUCTURES IS 40% OF THE MAIN BUILDING FLOOR AREA. REASON FOR DECISION: THAT THE APPLICATION BE TABLED TO ALLOW A RECIRCULATION AT 107% FOR ACCESSORY TO RESIDENTIAL USE COVERAGE. ti }I THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON FILE NUMBER: A94/019 * * * * * * * * * * * * * * * * * * ** APPLICANT: JOHN TURNER AGENT: MARK A. FOLEY COMMITTEE OF ADJUSTMENT PROPERTY DESCRIPTION FOXHUNT TRAIL PART LOT: 35 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: R1 HEARING DATE: 12- May -94 DECISION: APPROVED APPEAL DATE: 11- Jun -94 MINOR VARIANCE: FOR RELIEF FROM ZONING BY -LAW REQUIREMENTS IN ORDER TO ALLOW THE APPLICANT TO CONSTRUCT A SINGLE FAMILY DWELLING ON A LOT HAVING A FRONTAGE OF 13.82M (45.34 FT.), MINIMUM REQUIRED 15M (49.2 FT.). REASON FOR DECISION: THAT THE APPLICATION BE APPROVED FOR A DEFINED LOT FRONTAGE OF 14.98M AS IT IS IN KEEPING WITH THE OFFICIAL PLAN AND ZONING BY- LAW, AND IS MINOR IN NATURE. E , 19 THE CORPORATION OF THE MUNICIPALITY OF CAARINGTON COMMITTEE OF ADJUSTMENT FILE NUMBER: A94/020 * * * * * * * * * * * * * * * * * * ** APPLICANT: FRANK NIELSEN AGENT: PERIODIC REPORT PROPERTY DESCRIPTION 2511 CONCESSION ROAD #8 PART LOT: 13 CONCESSION: 7 TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: Al HEARING DATE: 12- May -94 APPEAL DATE: 11- Jun -94 DECISION: APPROVED MINOR VARIANCE: FOR RELIEF FROM ZONING BY -LAW REQUIREMENTS IN ORDER TO ALLOW THE APPLICANT TO CONSTRUCT AN ACCESSORY BUILDING WHICH WOULD EXCEED THE MAXIMUM ALLOWABLE REQUIREMENT OF 40% OF THE MAIN BUILDING TOTAL FLOOR AREA. REASON FOR DECISION: AS THE APPLICATION IS IN KEEPING WITH THE OFFICIAL PLAN AND ZONING BY -LAW, IS DESIRABLE AND MINOR IN NATURE, THE APPLICATION BE APPROVED AS APPLIED FOR. 1)' 0 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A94/021 * * * * * * * * * * * * * * * * * * ** APPLICANT: MICHAEL & MARY JANE O'REILLY AGENT: PROPERTY DESCRIPTION 259 GLENABBEY DRIVE PART LOT: 32 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: 1OM -806 -6 ZONING: R2 HEARING DATE: 12- May -94 APPEAL DATE: 11- Jun -94 DECISION: APPROVED MINOR VARIANCE: TO ALLOW CONSTRUCTION OF A DECK WITH REARYARD SETBACK OF 4.24M, MINIMUM REQUIRED 6M, AND INCREASE LOT COVERAGE FROM EXISTING PRE - APPROVED 42.88% TO 64.38 %. REASON FOR DECISION: AS THE APPLICATION IS IN KEEPING WITH THE OFFICIAL PLAN AND THE ZONING BY -LAW, AND IS DESIRABLE, THE APPLICATION BE APPROVED FOR A REAR YARD SETBACK OF 4.24M AND A TOTAL LOT COVERAGE OF 49.4 %. Iw; J L LOT 35 CONCESSION 2 06, 0 5; m FOXHUNT TRAIL M 01 O Evil Z DARLINGTON BOULEVARD X m =o Q m o;v --, g c cz om En? , MO MU) � z -n M;u mm En 0 rn 0 co O� -LANDS SUBJECT 10, /j MINOR VARIANCE APPLICATION A94 0 10 15 m