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HomeMy WebLinkAboutPD-208-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: COFA.GPA REPORT Meeting General Purpose and Administration Committee File # Date Monday, October 5, 1992 Res fl(- PD-208-92 A92/040 to A92/042 , inclusive By-Law 9 Report If File 4 Subject MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF SEPTEMBER 17, 1992 FILE: A92/040 TO A92/042, INCLUSIVE Recommendations- It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-208-92 be received; 2 . THAT Council concur with the decisions of the Committee of Adjustment made on September 17, 1992; 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. A meeting of the Committee of Adjustment was held on September 17, 1992 at which time three (3) applications were heard. Report on each of these applications are attached. 1. 2 Application A 92/040 and A 92/042 were straight forward and both were approved by the Committee consistent with Staff recommendations. 1. 3 Application A92/041 was made by Mr. B. MacLean to legalize an existing accessory building (garage) of 280 sq. ft. in excess of the allowable maximum 40 % floor area of the main building area. In its recommendation to the Committee, Staff advised the Committee of the recent history of the property. Particularly Mr. MacLean's 2 REPORT NO. : PD-193-92 PAGE 2 rezoning application which was denied by Council and there is an outstanding appeal before the Ontario Municipal Board. 1.4 In its decision, the Committee of Adjustment approved the MacLean's application subject to the condition that all commercial uses must cease. The use of the garage for commercial use (carpet warehouse) and the issue of non-compliance with the 40% requirement for accessory structure will be determined through the Ontario Municipal Board hearing. The application for minor variance to Committee of Adjustment is really a redundant process. Further, the decision of the Committee is rather meaningless since it's conditional on the commercial use to cease. 1. 5 The Committee's decision on the MacLean's application deals with the size of the structure and requires the use to be in compliance with the Town's Comprehensive Zoning By-law. In view of the comments noted in paragraph 1.4 of this report, Staff is of the opinion that an appeal under these circumstances serve no useful purpose. The Town will be represented at the Ontario Municipal Board hearing to defend Council's denial decision on the rezoning application and the Board's decision will supersede any similar decision made by the Committee of Adjustment. Respectfully submitted, Recommended for presentation to the Committee czll Franklin Wu, M.C. I.P. Lawrence E. Kotseff Director of Planning Chief Admini'trative and Development Officer CP*FW*cc *Attach 29 September 1992 THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/040 ******************** APPLICANT: MELODY HOMES AGENT: G.M. SERNAS & ASSOC. LTD. PROPERTY DESCRIPTION 23 FREELAND AVENUE PART LOT: 10 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 40M-1670 -93 ZONING: R2 HEARING DATE: 17-Sep-92 DECISION: APPROVED APPEAL DATE: 17-Oct-92 MINOR VARIANCE: TO LEGALIZE A SINGLE FAMILY DWELLING CONSTRUCTED ON A LOT HAVING A FRONTAGE OF 11. 92M (39 . 10 FT. ) , MINIMUM REQUIRED 12M REASON FOR DECISION: AS THE APPLICTION IS DEEMED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW, IS DEEMED DESIRABLE AND MINOR IN NATURE, THE APPLICATION BE APPROVED AS APPLIED FOR 7 < J THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/041 ******************** APPLICANT: BRYAN, WINSTON & MARY ANNE MACLEAN AGENT: PROPERTY DESCRIPTION 1641 REGIONAL ROAD 4 PART LOT: 31 CONCESSION: 4 TOWNSHIP: DARLINGTON PLAN NUMBER: - - ZONING: RH HEARING DATE: 17-Sep-92 DECISION: APPROVED APPEAL DATE: 17-Oct-92 MINOR VARIANCE: TO ALLOW THE APPLICANT TO LEGALIZE AN EXISTING ACCESSORY STRUCTURE WHICH WOULD EXCEED THE MAXIMUM ALLOWABLE REQUIREMENT OF 40% OF THE MAIN BUILDING TOTAL FLOOR AREA. REASON FOR DECISION: AS APPL. IS DEEMED TO BE IN CONFORMITY WITH THE O.P. AND Z .B. AND IS CONSIDERED MINOR IN NATURE, THE APPLICATION IS APPROVED TO PERMIT A VARIANCE OF 26M2 (280 SQ. FT. ) FROM THE ACCESSORY BUILDING & ON THE CONDITION THAT ALL COMMERCIAL USES CEASE THE CORPORATION OF THE TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A92/042 ******************** APPLICANT: 671461 ONTARIO LTD. AGENT: B. VAN ANDEL PROPERTY DESCRIPTION REHDER AVENUE PART LOT: 13 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 40M-1668 -16 ZONING: Rl HEARING DATE: 17-Sep-92 DECISION: APPROVED APPEAL DATE: 17-Oct-92 MINOR VARIANCE: TO ALLOW THE APPLICANT TO CONNECT A DETACHED GARAGE TO A SINGLE FAMILY DWELLING ON A LOT HAVING A REAR YARD SETBACK OF 1.52M ( 5 FEET) , MINIMUM REQUIRED 7 .5M REASON FOR DECISION: THAT AS THE APPLICATION IS DEEMED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW AND IS CONSIDERED TO BE DESIRABLE FOR THE NEIGHBOURHOOD, THE APPLICATION BE APPROVED AS APPLIED FOR. s 1 '