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HomeMy WebLinkAboutPD-223-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: COFAXPA RFPORT Meeting General Purpose and Administration Committee File 9 &CC) Date Monday, November 2, 1992 Res ff_c: PD-223-92 A92/043 to A92/054, inclusive P.y Law It' Report 4 - FileU — Subject MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF OCTOBER 22, 1992 FILE: A92/043 TO A92/054, INCLUSIVE Recommen s "Pto I s il respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-223-92 be received; 2 . THAT Council concur with the decisions of the Committee of Adjustment made on October 8 and October 22, 1992 with respect to applications A92/043 to A92/054, inclusive; 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. BACKGROUND 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. Meetings of the Committee of Adjustment were scheduled for October 8 and October 22, 1992 . 1 .2 The Committee of Adjustment heard a total of twelve (12) applications during the two meeting dates . Applications A92/043, A92/045, A92/047 and A92/049 to A92/054 inclusive were APPROVED. Application A92/044 was tabled to allow the applicant to be present at a future meeting. Application A92/048 was deemed not to be minor in nature and was DENIED. Summary report for each application is attached for information purposes . 1. 3 Application A92/048 proposed a variance to the exterior side yard setback requirements for a semi-detached dwelling in the 2 REPORT NO. PD-223-92 PAGE 2 11R1" zone. The proponent proposed a setback reduction from 6 . 0 metres ( 19 . 6 feet) to 3 . 15 metres ( 10 .3 feet) . The application was DENIED as not being desirable or minor in nature . Staff had recommended that the application be tabled to allow the applicant to investigate alternatives to the proposal however, staff has no difficulty with the denial decision. 1.4 Staff concur with the Committee's decision on application A92/043, A92/0451 A92/047 and A92/049 to A92/054 inclusive, and are satisfied that the decision to approve conforms to the general intent and purpose of the Official Plan and Zoning By- law and the variances sought are minor in nature and desirable. 1.5 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 appeal of the decisions of the Committee of Adjustment. Respectfully submitted, Recommended for presentation to the Committee ff Franklin Wu, M.C. I .P. Lawrence E. Kot ef7f Director of Planning Chief Administiatillre and Development Officer DM*CP*FW*cc *Attach 27 October 1992 5 2- THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/043 ******************** APPLICANT: L. AMODEO & E. HOHMANN AGENT: PROPERTY DESCRIPTION 9493 ENFIELD ROAD PART LOT: 30 CONCESSION: 9 TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: A-1 HEARING DATE: 8-Oct-92 DECISION: APPROVED APPEAL DATE: 7-Nov-92 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT AN ACCESSORY BUILDING AND RETAIN AN EXISTING GARDEN SHED 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 O.P. AND ZONING BY-LAW, IS MINOR IN NATURE AND DESIRABLE FOR THE DEVELOPMENT OF THE AREA, THE APPLICATION BE APPROVED SUBJECT TO THE REMOVAL OF ALL EXIST. GARDEN SHEDS UPON COMPLETION OF THE GARAGE 505 THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/044 ******************** APPLICANT: ANNA AMENDOLA AGENT: EMILIO AMENDOLA PROPERTY DESCRIPTION 2353 MAPLEGROVE RD. PART LOT: 18 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: RH & A HEARING DATE: 8-Oct-92 DECISION: TABLED APPEAL DATE: 7-Nov-92 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONTINUE TO CONSTRUCT AN ACCESSORY BUILDING WHICH WOULD EXCEED THE MAXIMUM ALLOWABLE REQUIREMENT OF 40% OF THE MAIN BUILDING TOTAL FLOOR AREA REASON FOR DECISION: THAT THE APPLIATION BE TABLED UNTIL THE NEXT AVAILABLE MEETING 504 THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/045 ******************** APPLICANT: CATHERINE GRAHAM AGENT: JOHN THOMSON PROPERTY DESCRIPTION 3480 SOMERVILLE DRIVE PART LOT: 29 CONCESSION: 4 TOWNSHIP: CLARKE PLAN NUMBER: - - ZONING: R1-2 & EP HEARING DATE: 8-Oct-92 DECISION: APPROVED APPEAL DATE: 7-NOV-92 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT AN ADDITION TO A SINGLE FAMILY DWELLING ON A LOT HAVING SIDEYARD SETBACKS OF 0. 83M (2 .75 FT. ) AND 0 .25M ( . 84 FT. ) RESPECTIVELY, MINIMUM REQUIRED 1 .2M REASON FOR DECISION: AS THE APPL. IS IN KEEPING WITH THE O.P. THE ZONING BYLAW, IS CONSIDERED MINOR IN NATURE AND DESIRABLE FOR THE DEVELOPMENT OF THE AREA, THE APPLICATION BE APPROVED AS APPLIED FOR SUBJ. TO THE COMPLETE APPROVAL OF THE HEALTH UNIT AND THE G.R.C.A. 505 THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/046 ******************** APPLICANT: 621182 ONTARIO LTD. AGENT: PROPERTY DESCRIPTION 73 EDGERTON DRIVE, BOWMANVILLE PART LOT: 9 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 40M-1688 -49R ZONING: R HEARING DATE: 22-Oct-92 DECISION: APPROVED APPEAL DATE: 21-Nov-92 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT A SINGLE FAMILY DWELLING ON A LOT HAVING AN EXTERIOR SIDEYARD OF 4 .5M ( 14 . 76 FT. ) , MINIMUM REQUIRED 6M REASON FOR DECISION: THAT AS THE APPLICATION IS DEEMED TO MAINTAIN THE GENERAL INTENT OF THE TOWN O.P. AND ZONING BY-LAW, BE IN THE BEST INTERESTS OF DEVELOPMENT OF THE LANDS AND IS CONSIDERED MINOR IN NATURE, THE APPLICATION BE APPROVED AS APPLIED FOR 506 THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/047 ******************** APPLICANT: BARMOND BUILDERS LTD. AGENT: D.M. CONSULTANTS 2001 LTD. PROPERTY DESCRIPTION 243 KING ST. E. , BOWMANVILLE PART LOT: 9 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: - - ZONING: Cl-3 HEARING DATE: 22-Oct-92 DECISION: APPROVED APPEAL DATE: 21-Nov-92 MINOR VARIANCE: TO ALLOW AN ADD. TO AN EXISTING RETAIL MALL THAT WOULD EXCEED THE MAX. PERMITTED BLDG. HT. OF 10 .5M & ERECT A SECOND BLDG. WITH AN EXTERIOR SIDEYARD SETBACK OF 4 . 8M, MINIMUM REQ'D 20M, AND HAVING THE EAVES EXTEND BEYOND THE MAXIMUM PERMITTED 0.75M REASON FOR DECISION: THAT AS THE APPL. IS DEEMED TO MAINTAIN THE GENERAL INTENT OF THE O.P. & BYLAW, IS IN BEST INTERESTS OF DEV. OF LANDS, THE APPL. TO ALLOW THE DET. COMM.BLK ONLY WITH A 4 . 8M SETBACK WITH EAVES PROJECT. 0 .75M INTO REQD YD & RELIEF FROM MAX BLDG HT BE APPROV 507 THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/048 ******************** APPLICANT: MELODY HOMES AGENT: G.M. SERNAS & ASSOCIATES PROPERTY DESCRIPTION FENWICK AVENUE PART LOT: 10 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 1OM-840 -126 ZONING: R1 HEARING DATE: 22-Oct-92 DECISION: DENIED APPEAL DATE: 21-Nov-92 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT A SEMI/LINK DWELLING ON A LOT HAVING A FRONTAGE OF 18.21M (59 . 7 FT. ) , MINIMUM REQUIRED 20M AND HAVING AN EXTERIOR SIDEYARD SETBACK OF 3 . 15M ( 10 . 3 FT. ) , MINIMUM REQUIRED 6M. REASON FOR DECISION: THAT AS THE APPLICATION IS NOT CONSIDERED TO BE IN THE BEST INTERESTS OF DEVELOPMENT OF THE LAND OR MINOR IN NATURE, THE APPLICATION BE DENIED 508 THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/049 ******************** APPLICANT: MELODY HOMES AGENT: G.M. SERNAS & ASSOCIATES LTD. PROPERTY DESCRIPTION CHAMPINE SQUARE PART LOT: 9 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: - -12L ZONING: Rl HEARING DATE: 22-Oct-92 DECISION: APPROVED APPEAL DATE: 21-Nov-92 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT A SEMI/LINK DWELLING ON A LOT HAVING AN EXTERIOR SIDEYARD OF 4 . 80M ( 15 . 7 FT. ) , MINIMUM REQUIRED 6m. REASON FOR DECISION: THAT AS THE APPL. IS DEEMED TO MAINTAIN THE GENERAL INTENT OF THE O.P. AND BY-LAW, BE IN THE BEST INTERESTS OF DEV. OF THE LANDS AND IS CONSIDERED MINOR IN NATURE, THE APPLICATION BE APPROVED AS APPLIED FOR 5- 09 THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/050 ******************** APPLICANT: MELODY HOMES AGENT: G.M. SERNAS & ASSOCIATES PROPERTY DESCRIPTION CHAMPINE SQUARE PART LOT: 9 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: - -7R ZONING: R1 HEARING DATE: 22-Oct-92 DECISION: APPROVED APPEAL DATE: 21-Nov-92 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT A SEMI/LINK DWELLING ON A LOT HAVING AN EXTERIOR SIDEYARD OF 4.80M ( 15 . 7 FT. ) , MINIMUM REQUIRED 6M. REASON FOR DECISION: THAT AS THE APPLICATION IS DEEMED TO MAINTAIN THE GENERAL INTENT OF THE O.P. & ZONING BY-LAW, IS IN THE BEST INTERESTS OF DEVELOPMENT OF THE LANDS AND IS CONSIDERED TO BE MINOR IN NATURE, THE APPLICATION IS APPROVED AS APPLIED FOR 510 THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/051 ******************** APPLICANT: MELODY HOMES AGENT: G.M. SERNAS & ASSOCIATES LTD. PROPERTY DESCRIPTION JOLLOW DRIVE PART LOT: 9 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: - -20 ZONING: Rl HEARING DATE: 22-Oct-92 DECISION: APPROVED APPEAL DATE: 21-Nov-92 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT A SINGLE FAMILY DWELLING ON A LOT HAVING AN EXTERIOR SIDEYARD OF 4 . 66M ( 15 .3 FT. ) , MINIMUM REQUIRED 6M. REASON FOR DECISION: THAT AS THE APPLICATION IS DEEMED TO MAINTAIN THE GENERAL INTENT OF THE O.P.& ZONING BY-LAW, BE IN THE BEST INTERESTS OF DEVELOPMENT OF THE LANDS AND IS CONSIDERED TO BE MINOR IN NATURE, THE APPLICATION BE APPROVED AS APPLIED FOR 511 THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/052 ******************** APPLICANT: MELODY HOMES AGENT: G.M. SERNAS & ASSOCIATES PROPERTY DESCRIPTION JOLLOW DRIVE PART LOT: 9 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: - -10 ZONING: R2 HEARING DATE: 22-Oct-92 DECISION: APPROVED APPEAL DATE: 21-Nov-92 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT A SINGLE FAMILY DWELLING ON A LOT HAVING AN EXTERIOR SIDEYARD OF 4 . 66M ( 15 . 3 FT. ) , MINIMUM REQUIRED 6M REASON FOR DECISION: THAT AS THE APPLICATION IS DEEMED TO MAINTAIN THE GENERAL INTENT OF THE O.P. & ZONING BY-LAW, BE IN THE BEST INTERESTS OF DEVELOMENT OF THE LANDS AND IS CONSIDERED TO BE MINOR IN NATURE, THE APPLICATION BE APPROVED AS APPLIED FOR 5, 12 THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/053 ******************** APPLICANT: MELODY HOMES AGENT: G.M. SERNAS & ASSOCIATES PROPERTY DESCRIPTION CHAMPINE SQUARE PART LOT: 9 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: - -18L ZONING: Rl HEARING DATE: 22-Oct-92 DECISION: APPROVED APPEAL DATE: 21-Nov-92 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT A SEMI/LINK DWELLING ON A LOT HAVING AN EXTERIOR SIDE YARD OF 4 . 86M ( 15 . 9 FT. ) , MINIMUM REQUIRED 6m. REASON FOR DECISION: THAT AS THE APPLICATION IS DEEMED TO MAINTAIN THE GENERAL INTENT OF THE O.P. & ZONING BY-LAW, BE IN THE BEST INTERESTS OF THE DEVELOPMENT OF THE LANDS AND IS CONSIDERED TO BE MINOR IN NATURE, THE APPLICATION BE APPROVED AS APPLIED FOR 5- 13 THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/054 ******************** APPLICANT: MELODY HOMES AGENT: G.M. SERNAS & ASSOCIATES PROPERTY DESCRIPTION CHAMPINE SQUARE PART LOT: 9 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: - -13R ZONING: Rl HEARING DATE: 22-Oct-92 DECISION: APPROVED APPEAL DATE: 21-Nov-92 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT A SEMI/LINK DWELLING ON A LOT HAVING AN EXTERIOR SIDEYARD OF 4 . 73M ( 15 .5 FT. ) , MINIMUM REQUIRED 6M REASON FOR DECISION: THAT AS THE APPLICATION IS DEEMED TO MAINTAIN THE INTENT OF THE O.P. & ZONING BY-LAW AND IS CONSIDERERED TO BE MINOR IN NATURE, THE APPLICATION BE APPROVED AS APPLIED FOR 514