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