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Home My WebLink AboutPD-25-91 TOWN OF NEWCASTLE REPORT File V ) [ -r- ,/ r DN: COFA.GPA Res. # � 1 By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, January 21, 1991 REPORT #: PD-25-91 FILE #: A90/67 to A90/70 INCLUSIVE & A91/001 SUBJECT: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD-25-91 be received; and 2 . THAT Council concur with the decisions of the Committee of Adjustment made at its meeting of December 20, 1990 and January 3, 1991, save and except for applications A 90/068 and A 90/070; 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 The Committee of Adjustment heard applications on December 20, 1990 and January 3, 1991. The Committee dealt with a total of five (5) applications during the two (2 ) meetings . Applications A 90/67 was DENIED by the Committee as the application was deemed not to be minor in nature, nor in compliance with the Official Plan or Zoning By-law. The balance of the applications were all APPROVED as applied for. 1 .2 Staff in providing comments to the Committee did not support applications A 90/68 and A90/70. The applications were related in that one farm parcel was being severed, thereby creating two substandard lots . Approval of one lot was dependant/contingent upon approval of the other lot. . . .2 REPORT NO. : PD-25-91 PAGE 2 At the meeting, Staff was advised that the land is used for a sheep farm which is a land intensive operation. In addition, the applicant advised it was their intention to continue utilizing the land as one farm unit. In consideration of these comments, Staff do not feel the decisions should be appealed to the Ontario Municipal Board, given the nature of the applications, Staff time and legal fees involved with a Board hearing. 1. 3 Staff have reviewed the balance of the decisions of the Committee and are satisfied that the decisions conform to the general intent of the Official Plan and the Zoning By-law and that the variances sought are minor in nature. 1.4 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 ;Franklin , ,M I .P. Lawrenc . Kotseff Director of Planning Chief A inistrative and Development Officer CP*FW*cc *Attach 11 January 1991 COMMITTEE OF ADJUSTMENT MONTHLY REPORT FILE NUMBER: A90/067 LOCATION: L 8, C 6, DARLINGTON APPLICANTS NAME: HEMMING, BERNARD OWNERS ADDRESS: R. R. # 5, BOWMANVILLE, ONT. ROLL NUMBER: 010110064050000 STREET: 6721 CLEMENS ROAD ZONING: RH APPLICATION DATE: 11/26/90 DECISION: DENIED APPEAL DATE: 1/19/91 HEARING DATE: 12/20/90 MINOR VARIANCE: APPLICATION WAS MADE FOR RELIEF FROM ZONING BY-LAW REQUIREMENTS IN ORDER TO ALLOW THE APPLICANT TO CREATE A LOT REQUIRING EXEMPTION FROM THE 300 M AGRICULTURAL SETBACK. REASON FOR DECISION: "THAT THE APPLICATION BE DENIED AS IT DOES NOT COMPLY WITH THE MINISTRY OF AGRICULTURAL AND FOOD GUIDELINES, IT IS NOT CONSIDERED TO BE IN KEEPING WITH THE OFFICIAL PLAN POLICIES OR THE ZONING BY-LAW PROVISIONS, AND IS NOT CONSIDERED MINOR IN NATURE" . ********************************************************************** FILE NUMBER: A90/068 LOCATION: L 6, C 7, DARLINGTON APPLICANTS NAME: SKINNER, LLOYD OWNERS ADDRESS: R. R. # 5, BOWMANVILLE, ONT. ROLL NUMBER: 010110131000000 STREET: 2890 CONCESSION 7 ZONING: A & Al APPLICATION DATE: 11/26/90 DECISION: APPROVED APPEAL DATE: 1/19/91 HEARING DATE: 12/20/90 MINOR VARIANCE: APPLICATION WAS MADE FOR RELIEF FROM ZONING BY-LAW REQUIREMENTS IN ORDER TO ALLOW THE APPLICANT TO CREATE A LOT HAVING AN AREA OF 20 .2 HA (MINIMUM REQUIRED 40 HA) . REASON FOR DECISION: "THAT AS THE APPLICATION IS DEEMED TO BE IN COMPLIANCE WITH THE OFFICIAL PLAN AND THE ZONING BY-LAW IT IS CONSIDERED TO BE MINOR IN NATURE AND DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR, SUBJECT TO CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY APPROVAL. " FILE NUMBER: A90/069 LOCATION: L 10, C 1, BOWMANVILLE APPLICANTS NAME: BICKLE OWNERS ADDRESS: 7 CONCESSION ST. E. , BOWMANVILLE, ONT. ROLL NUMBER: 020060143000000 STREET: 7 CONCESSION ST. E. , BOWMANVILLE, ONT. ZONING: R1 APPLICATION DATE: 11/27/90 DECISION: APPROVED APPEAL DATE: 1/19/91 HEARING DATE: 12/20/90 MINOR VARIANCE: APPLICATION WAS MADE FOR RELIEF FROM ZONING BY-LAW REQUIREMENTS IN ORDER TO ALLOW THE APPLICANT TO CREATE A LOT HAVING AN EXISTING POOL WITH A 0 . 7 M REAR YARD SETBACK AS OPPOSED TO THE MINIMUM REQUIRED 1.2 M SETBACK. REASON FOR DECISION: "THAT THE APPLICATION BE DEEMED TO BE IN COMPLIANCE WITH THE OFFICIAL PLAN POLICIES AND THE ZONING BY-LAW, DEEMED TO BE MINOR IN NATURE AND DESIREABLE FOR THE APPROPRIATE DEVELOPMENT, THE APPLICATION BE APPROVED AS APPLIED FOR. " FILE NUMBER: A90/070 LOCATION: L 6, C 7 , DARLINGTON APPLICANTS NAME: SKINNER, LLOYD OWNERS ADDRESS: R. R. # 5, BOWMANVILLE, ONT. ROLL NUMBER: 010110131000000 STREET: 2890 CONCESSION 7 ZONING: A & Al APPLICATION DATE: 12/6/90 DECISION: APPROVED APPEAL DATE: 1/19/91 HEARING DATE: 12/20/90 MINOR VARIANCE: APPLICATION WAS MADE FOR RELIEF FROM ZONING BY-LAW REQUIREMENTS IN ORDER TO ALLOW THE APPLICANT TO RETAIN A LOT HAVING AN AREA OF 38 . 3 HA (MINIMUM REQUIRED 40 HA) . REASON FOR DECISION: "THAT AS THE APPLICATION IS DEEMED TO BE IN COMPLIANCE WITH THE OFFICIAL PLAN AND THE ZONING BY-LAW IT IS CONSIDERED TO BE MINOR IN NATURE AND DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR, SUBJECT TO CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY APPROVAL. " FILE NUMBER: A91/001 LOCATION: L 35, C 2, DARLINGTON APPLICANTS NAME: KINGSBERRY PROPERTIES OWNERS ADDRESS: 319 COLLEGE AVE, OSHAWA, ONT. ROLL NUMBER: 010070154000000 STREET: 30 B TOXHUNT TRAIL ZONING: R1 APPLICATION DATE: 12/7/90 DECISION: APPROVED APPEAL DATE: 1/19/91 HEARING DATE: 12/20/90 MINOR VARIANCE: APPLICATION WAS MADE FOR RELIEF FROM ZONING BY-LAW REQUIREMENTS IN ORDER TO ALLOW THE APPLICANT TO CREATE A LOT HAVING A FRONTAGE OF 14 . 036 M (46 . 05 FT. ) MINIMUM REQUIRED 14 . 09 M (46 .2 FT. ) AS PER PREVIOUS MINOR VARIANCE APPLICATION a 90/012 . REASON FOR DECISION: "THAT THE APPLICATION BE DEEMED TO BE IN KEEPING WITH THE INTENT OF THE TOWN OF NEWCASTLE OFFICIAL PLAN AND COMPREHENSIVE ZONING BY-LAW PROVISIONS, DEEMED IT TO BE MINOR IN NATURE AND DESIRABLE FOR THE APPROPRIATE DEVELOPOMENT OF THE AREA, THE APPLICATION BE APPROVED AS APPLIED FOR" . i I i I