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Home My WebLink AboutPD-154-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: COFA.GPA REPORT Meeting General Purpose and Administration Committee F,fe F,'A� Bate Monday, November 15, 1993 Ides, r, PD-154-93 A93/031, A93/034, A93/036 & A93/03730- 3W 61 ---- ------ Report 4 liubjeet MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF OCTOBER 28, 1993 FILE: A93/031, A93/034, A93/036 & A93/037 Recommendations It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-154-93 be received; 2 . THAT Council concur with the decision of the Committee of Adjustment made on October 28, 1993; 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 Town for minor variance are scheduled to be heard within 30 days of being received by the Secretary Treasurer. On October 28, 19 9 3, the Committee heard four (4) applications for minor variance, approving all four (4) applications . Details of each application and decision of the Committee is attached for information. 1.2 Application A93/031 was TABLED at the previous meeting to allow the applicant to amend the application to deal with a front yard setback reduction, in addition to the exterior side yard setback. Area residents were in attendance in support of the variances proposed. The Committee deemed it appropriate to grant the application. Although Staff do not concur with the decision, it is not considered the best use of the Municipality's resources and Staff time to pursue an appeal of this application to the Ontario Municipal Board. . . . .2 it li t flliill l) lfl( f if 111 ff li REPORT NO. : PD-154-93 PAGE 2 1. 3 The issue of notice regarding A93/34 was raised at the September 30, 1993 meeting. Application A93/34 was TABLED at that time to ensure appropriate notice had been mailed to all residents within 60 m. This was subsequently confirmed and the application to allow an accessory building to within 3 metres of an exterior side yard was granted. 1.4 Application A 93/36 and A93/37 were also for exterior side yard setback reduction. The applications to permit residences with less than a 6 metre setback were granted, subject to ensuring all noise reduction provisions contained within the subdivision agreement were being maintained with the reduced setback. 1 .5 Staff have reviewed the Committee's decision and are satisfied that the decision conforms to the general intent of the Official Plan and the Zoning By-law. 1. 6 Council's concurrence with the Committee of Adjustment decision 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, Recommended for presentation to the Committee, Franklin Wu, M.C. I .P. M e Marano, Acting Director of Planning Chief Administrative Officer and Development CP*FW*cc *Attach. 9 November 1993 5 I6 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A93/031 ******************** APPLICANT: GERANIUM HOMES (COURTICE) LTD. AGENT: DEBBIE MCDONALD PROPERTY DESCRIPTION 35 JOHN WALTER CRES. COURTICE PART LOT: 32 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: 40M-1709 -40R ZONING: R HEARING DATE: 28-Oct-93 DECISION: APPROVED APPEAL DATE: 27-Nov-93 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT A SEMI/LINK DWELLING ON A LOT HAVING AN EXTERIOR SIDE YARD SETBACK OF 2 .9M, MINIMUM REQUIRED 6M, AND HAVING A FRONT YARD SETBACK OF 5M, MINIMUM REQUIRED 6M. REASON FOR DECISION: THAT AS THE APPLICATION IS IN KEEPING WITH THE OFFICIAL PLAN AND THE ZONING BY-LAW, AND IS DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR, SUBJECT TO THE DRIVEWAY BEING ANGLED SO THAT NO PAVED AREA IS WITHIN THE SITE TRIANGLE. 517 THE CORPORATION OF THE MUNICIPALITY OF CARRINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A93/034 APPLICANT: PETER MASTRANGELO AGENT: PROPERTY DESCRIPTION 2 KINGSWAY GATE, COURTICE, ONT. PART LOT: 35 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: 1OM-796 -14 ZONING: Rl HEARING DATE: 28-Oct-93 DECISION: APPROVED APPEAL DATE: 27-Nov-93 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONTINUE TO CONSTRUCT AN ACCESSORY BUILDING ON A LOT HAVING AN EXTERIOR SIDE YARD SETBACK OF 3 . 05M ( 10 FT. ) , MINIMUM REQUIRED 6M (20 FT. ) REASON FOR DECISION: THAT AS THE APPLICATION IS IN KEEPING WITH THE OFFICIAL PLAN AND THE ZONING BY-LAW, AND IS DESIRABLE FOR THE DEVELOPMENT OF THE AREA, THE APPLICATION BE APPROVED AS APPLIED FOR. 518 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A93/036 APPLICANT: 290572 ONTARIO LTD. AGENT: D.G. BIDDLE & ASSOCIATES LTD. PROPERTY DESCRIPTION STAGEMASTER CRES. COURTICE PART LOT: 29 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: R1 HEARING DATE: 28-Oct-93 DECISION: APPROVED APPEAL DATE: 27-Nov-93 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT A SINGLE FAMILY DWELLING ON A LOT HAVING A SIDE YARD SETBACK OF 4.63M ( 15.2 FT. ) , MINIMUM REQUIRED 6M. REASON FOR DECISION: THAT AS THE APPLICATION IS IN KEEPING WITH THE OFFICIAL PLAN AND ZONING BY-LAW, AND IS CONSIDERED DESIRABLE IN NATURE, THE APPLICATION BE APPROVED AS APPLIED FOR, SUBJECT TO THE APPLICANT PROVIDING EVIDENCE THAT NO ADDITIONAL NOISE MEASURES ARE REQUIRED. 519 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A93/037 ******************** APPLICANT: 290572 ONTARIO LTD. AGENT: D.G. BIDDLE & ASSOCIATES LTD. PROPERTY DESCRIPTION PART LOT: 29 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: R1 HEARING DATE: 28-Oct-93 DECISION: APPROVED APPEAL DATE: 27-Nov-93 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONSTRUCT A SINGLE FAMILY DWELLING ON A LOT HAVING AN EXTERIOR SIDE YARD SETBACK OF 4 .44M ( 14. 6 FT. ) , MINIMUM REQUIRED 6M. REASON FOR DECISION: THAT AS THE APPLICATION IS IN KEEPING WITH THE OFFICIAL PLAN AND ZONING BY-LAW, AND IS CONSIDERED DESIRABLE IN NATURE, THE APPLICATION BE APPROVED AS APPLIED FOR, SUBJECT TO THE APPLICANT PROVIDING EVIDENCE THAT NO ADDITIONAL NOISE MEASURES ARE REQUIRED. 520