HomeMy WebLinkAboutPD-9-92 THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: COFA.GPA REPORT
Meeting: General Purpose and Administration Committee File# c'
Res.
Date: Monday, January 6 , 1992
By-Law#
Report#:P.D_9__q2___ File #- _AqJ_/_02A_, A91/030 to A 91/042 inclusive
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF OCTOBER 17, NOVEMBER 14, NOVEMBER 21 AND
DECEMBER 12, 1991
FILE: A91/024 AND A91/030 to A91/042, INCLUSIVE
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-9-92 be received; and
2 . THAT Council concur with the decisions of the Committee of
Adjustment made at its meeting of October 17, November 14,
November 21 and December 12, 1991; 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 The Committee of Adjustment heard four (4) applications on
October 17, 1991, four (4) applications on November 14, 1991,
three (3) applications on November 21, 1991 and four (4)
applications on December 12, 1991 . Due to the municipal
elections and the timing of the General Purpose and
Administration Committee and Council meetings, Staff have been
unable to forward a report advising Council of the Committee
of Adjustment decisions until now.
1.2 In dealing with the fifteen ( 15) applications at the four
meetings, the Committee APPROVED ten ( 10) applications, DENIED
three (3) , TABLED one ( 1) and DISMISSED one ( 1) . The tabled
application was scheduled to be re-heard January 2 , 1992, as
the applicants were not present.
2
REPORT NO. : PD-9-92 PAGE 2
1. 3 The Committee of Adjustment dismissed application A 91/041
because they believed the proposal need not come before them.
The application was to permit an accessory structure to be
erected in excess of the zoning by-law maximum 40% of the main
building floor area. The Committee assumed because the
applicant farms the land and has farm buildings, the proposed
structure could be regarded as a farm building. Unfortunately
the applicant intends to use the building for uses accessory
to the residence. Therefore a variance is required due to
the size of the building. It appears the Committee of
Adjustment did not address the application in a proper manner.
Be it as it may, the decision was made and the applicant can
either appeal to the Ontario Municipal Board or re-apply.
1 .4 Application A 91/042 which proposed to allow the continued
construction of an accessory building in excess of 40% of the
main building floor area was not supported by Staff. The
building is partially constructed and has a floor area of
136 . 16 m2 (1465 sq. ft. ) . In addition, the. applicant has two
existing storage sheds equalling 37 . 3 m2 (402 sq. ft. ) . Staff
is concerned that the number and size of accessory structures
was excessive and would promote the use of the buildings for
activities not accessory to the residence in contravention to
the zoning by-law. The Committee of Adjustment approved the
application subject to the removal of the existing structures.
Staff are satisfied that the Committee of Adjustment decision
to remove the existing accessory structures reduces the
magnitude of the variance. In addition, Staff will monitor
the situation to ensure that the two existing accessory
structures are removed. Staff do no recommend appealing the
Committee of Adjustment decision.
1. 6 Staff have reviewed the balance of the decisions of the
. . .3
REPORT NO. : PD-9-92 PAGE 3
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. 7 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 Wu, M.C. I .P. Lawrenc . Kotseff
Director of Planning Chief inistrative
and Development Office
CP*FW*cc
*Attach
18 December 1991
THE CORPORATION OF THE TOWN OF NEWCASTLE
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A91/024
********************
APPLICANT: GERALD PEARSON
AGENT:
PROPERTY DESCRIPTION
86 TURNBERRY CRES.
PART LOT: 35 CONCESSION: 2
TOWNSHIP: DARLINGTON
PLAN NUMBER: - -
ZONING: R1
HEARING DATE: 17-Oct-91
DECISION: DENIED
APPEAL DATE: 16-Nov-91
MINOR VARIANCE:
TO LEGALIZE AN EXISTING FENCE HAVING A SETBACK OF 2M, MINIMUM
REQUIRED 3M
REASON FOR DECISION:
AS THE VARIANCE IS NOT IN COMPLIANCE WITH THE ZONING BYLAW AND IS
NOT CONSIDERED APPROPRIATE FOR THE DEVELOPMENT OF THE LANDS, THE
APPLICATION BE DENIED
THE CORPORATION OF THE TOWN OF NEWCASTLE
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A91/032
********************
APPLICANT: NICHOLAS PALLADINO
AGENT:
PROPERTY DESCRIPTION
3139 TRULLS ROAD
PART LOT: 30 CONCESSION: 3
TOWNSHIP: DARLINGTON
PLAN NUMBER: - -
ZONING: R1
HEARING DATE: 17-Oct-91
DECISION: DENIED
APPEAL DATE: 16-Nov-91
MINOR VARIANCE:
TO CREATE A LOT HAVING A FRONTAGE OF 17 .22M (56 .5 FT. ) , MINIMUM
REQUIRED 18 . OM (60 FT. )
REASON FOR DECISION:
AS THE APPLICATION IS NOT CONSIDERED TO BE APPROPRIATE FOR THE
DEVELOPMENT OF THE LANDS AND IS NOT CONSIDERED TO BE IN KEEPING
WITH THE O.P. AND ZONING BYLAW, THE APPLICATION BE DENIED
THE CORPORATION OF THE TOWN OF NEWCASTLE
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A91/033
********************
APPLICANT: NICHOLAS PALLADINO
AGENT:
PROPERTY DESCRIPTION
3139 TRULLS ROAD
PART LOT: 30 CONCESSION: 3
TOWNSHIP: DARLINGTON
PLAN NUMBER: - -
ZONING: R1
HEARING DATE: 17-Oct-91
DECISION: DENIED
APPEAL DATE: 16-Nov-91
MINOR VARIANCE:
TO ALLOW THE APPLICANT TO CREATE A LOT HAVING A FRONTAGE OF
17 .22M, MINIMUM REQUIRED 18 . OM
REASON FOR DECISION:
AS THE APPLICATION IS NOT CONSIDERED TO BE APPROPRIATE FOR THE
DEVELOPMENT OF THE LANDS AND IS NOT CONSIDERED TO BE IN KEEPING
WITH THE O.P. AND ZONING BYLAW, THE APPLICATION BE DENIED
THE CORPORATION OF THE TOWN OF NEWCASTLE
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A91/031
********************
APPLICANT: JOHN ROZEMA
AGENT:
PROPERTY DESCRIPTION
2448 CONCESSION ROAD 4, BOWMANVILLE
PART LOT: 15 CONCESSION: 4
TOWNSHIP: DARLINGTON
PLAN NUMBER: - -
ZONING: Al
HEARING DATE: 17-Oct-91
DECISION: APPROVED
APPEAL DATE: 16-Nov-91
MINOR VARIANCE:
TO PERMIT A SECOND FARM RELATED DWELLING ON A 36 . 9 ACRE PARCEL,
MINIMUM REQUIRED 50 ACRES
REASON FOR DECISION:
AS THE APPLICATION IS CONSIDERED TO BE MINOR IN NATURE AND IN
COMPLIANCE WITH THE ZONING BYLAW AND O.P. , THE APPLICATION BE
APPROVED AS APPLIED FOR
THE CORPORATION OF THE TOWN OF NEWCASTLE
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A91/030
APPLICANT: KELVIN & SANDRA THORNHILL
AGENT:
PROPERTY DESCRIPTION
1 MASSEY DRIVE
PART LOT: CONCESSION:
TOWNSHIP: CLARKE
PLAN NUMBER: 1OM-799 -79
ZONING: Rl
HEARING DATE: 14-Nov-91
DECISION: APPROVED
APPEAL DATE: 14-Dec-91
MINOR VARIANCE:
LEGALIZE A DECK HAVING INTERIOR SIDEYARD SETBACK OF O . OM, MINIMUM
REQUIRED 1.2M
REASON FOR DECISION:
THAT AS THE APPLICATION IS IN CONFORMITY WITH THE O.P. AND ZONING
BY-LAW AND IS CONSIDERED TO BE DESIRABLE FOR THE DEVELOPMENT OF
THE AREA, THE APPLICATION BE APPROVED
THE CORPORATION OF THE TOWN OF NEWCASTLE
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A91/034
********************
APPLICANT: MELODY HOMES
AGENT: G.M. SERNAS & ASSOCIATES LTD.
PROPERTY DESCRIPTION
27 FREELAND AVE. , BOWMANVILLE
PART LOT: 10 CONCESSION: 2
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: 40M-1670 -95
ZONING: R2
HEARING DATE: 14-Nov-91
DECISION: APPROVED
APPEAL DATE: 14-Dec-91
MINOR VARIANCE:
TO ALLOW THE APPLICANT TO CONSTRUCT A S.F.D. ON A LOT HAVING AN
EXTERIOR SIDEYARD OF 5 . 681M ( 18 . 63 FT. ) , MINIMUM REQUIRED 6M, AND
HAVING A LOT FRONTAGE OF 14 . 86M (48 . 75 FT. ) , MINIMUM REQUIRED 15M
REASON FOR DECISION:
THAT AS THE APPLICATION IS CONSIDERED IN CONFORMITY WITH THE O.P.
AND ZONING BY-LAW PROVISIONS AND IS CONSIDERED MINOR IN NATURE AND
. DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR
THE CORPORATION OF THE TOWN OF NEWCASTLE
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A91/035
********************
APPLICANT: SIB-JEL INVESTMENTS LTD.
AGENT: FREDERICK P. STEIN
PROPERTY DESCRIPTION
229 KING ST. E. , BOWMANVILLE, ONT.
PART LOT: 10 CONCESSION: 1
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: - -
ZONING: Cl
HEARING DATE: 14-Nov-91
DECISION: APPROVED
APPEAL DATE: 14-Dec-91
MINOR VARIANCE:
ALLOW VARIANCE FROM THE REQUIRED 1.5M LANDSCAPE STRIP WHERE
PARKING SPACES ABUT THE STREET LINE
REASON FOR DECISION:
THAT AS THE APPLICATION IS CONSIDERED IN KEEPING WITH THE O.P. AND
ZONING BY-LAW PROVISIONS AND IS CONSIDERED TO BE MINOR IN NATURE
AND DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR
THE CORPORATION OF THE TOWN OF NEWCASTLE
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A91/036
********************
APPLICANT: DURHAM REGION NON-PROFIT HOUSING LTD.
AGENT:
PROPERTY DESCRIPTION
41 FREELAND AVE.
PART LOT: 10 CONCESSION: 2
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: 1OM-840 -
ZONING: R3
HEARING DATE: 14-Nov-91
DECISION: APPROVED
APPEAL DATE: 14-Dec-91
MINOR VARIANCE:
ALLOW A MINOR VARIANCE TO PERMIT EIGHT UNITS TO BE CONSTRUCTED
HAVING A FLOOR AREA OF 54M2, INSTEAD OF THE MINIMUM REQUIRED 85M2
REASON FOR DECISION:
THAT AS THE APPLICATION IS CONSIDERED TO BE MINOR IN NATURE AND
DESIRABLE FOR THE APPROPRIATE DEVELOPMENT OF THE LANDS THE
APPLICATION BE APPROVED AS APPLIED FOR TO PERMIT 8 UNITS HAVING A
MINIMUM FLOOR AREA OF 54M2 AS OPPOSED TO THE MINIMUM REQUIRED 85M2
THE CORPORATION OF THE TOWN OF NEWCASTLE
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A91/037
********************
APPLICANT: MIKE DOYLE
AGENT:
PROPERTY DESCRIPTION
5446 MIDDLE ROAD, BOWMANVILLE
PART LOT: 13 CONCESSION: 5
TOWNSHIP: DARLINGTON
PLAN NUMBER: - -
ZONING: A
HEARING DATE: 21-Nov-91
DECISION: APPROVED
APPEAL DATE: 21-Dec-91
MINOR VARIANCE:
ALLOW THE APPLICANT TO INCREASE SIZE OF EXISTING STRUCTURE BY 660
SQ. FT.
REASON FOR DECISION:
THAT AS THE APPLICATION MAINTAINS THE GENERAL INTENT OF THE O.P.
AND ZONING BY-LAW AND IS CONSIDERED TO BE MINOR IN NATURE AND
DESIRABLE FOR THE DEVELOOPMENT OF THE LANDS, THE APPLICATION BE
APPROVED AS APPLIED FOR PROVIDED APPROVAL FROM CLOCA IS GRANTED
THE CORPORATION OF THE TOWN OF NEWCASTLE
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A91/038
********************
APPLICANT: MELODY HOMES
AGENT: G.M. SERNAS & ASSOCIATES LTD.
PROPERTY DESCRIPTION
121 ELFORD DRIVE, BOWMANVILLE, ONT
PART LOT: 9 CONCESSION: 2
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: 40M-1670 -6
ZONING: R2
HEARING DATE: 21-Nov-91
DECISION: APPROVED
APPEAL DATE: 21-Dec-91
MINOR VARIANCE:
ALLOW THE APPLICANT TO CONSTRUCT SEMI/LINK HOME HAVING AN EXTERIOR
SIDEYARD OF 5 .760M ( 18 . 9 FT. ) , MINIMUM REQUIRED 6M
REASON FOR DECISION:
THAT AS THE APPLICATION MAINTAINS THE GENERAL INTENT OF THE O.P.
AND ZONING BY-LAW AND IS CONSIDERED TO BE MINOR IN NATURE AND
DESIRABLE FOR THE DEVELOPMENT OF THE LANDS, THE APPLICATION BE
APPROVED AS APPLIED FOR
THE CORPORATION OF THE TOWN OF NEWCASTLE
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A91/039
********************
APPLICANT: MELODY HOMES
AGENT: G.M. SERNAS & ASSOCIATES LTD.
PROPERTY DESCRIPTION
142 ELFORD DRIVE, BOWMANVILLE
PART LOT: 9 CONCESSION: 2
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: 40M-1670 -28
ZONING: R2
HEARING DATE: 21-Nov-91
DECISION: APPROVED
APPEAL DATE: 21-Dec-91
MINOR VARIANCE:
ALLOW THE APPLICANT TO CONSTRUCT A SEMI/LINK HAVING AN EXTERIOR
SIDE YARD OF 5 . 696M (18 . 7 FT. ) , MINIMUM REQUIRED 6M
REASON FOR DECISION:
THAT AS THE APPLICATION MAINTAINS THE GENERAL INTENT OF THE O.P.
AND ZONING BY-LAW AND IS CONSIDERED MINOR IN NATURE AND DESIRABLE
FOR DEVELOPMENT OF THE LANDS, THE APPLICATION BE APPROVED AS
APPLIED FOR
THE CORPORATION OF THE TOWN OF NEWCASTLE
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A91/040
********************
APPLICANT: TERESA METALLO
AGENT:
PROPERTY DESCRIPTION
HANCOCK ROAD
PART LOT: 21 CONCESSION: 2
TOWNSHIP: DARLINGTON
PLAN NUMBER: - -
ZONING: R
HEARING DATE: 12-Dec-91
DECISION: TABLED
APPEAL DATE: 11-Jan-92
MINOR VARIANCE:
TO ALLOW THE APPLICANT TO CONSTRUCT AN ACCESSORY BUILDING HAVING
AN AREA OF 1000 SQ. FT. PRIOR TO THE CONSTRUCTION OF THE MAIN
BUILDING
REASON FOR DECISION:
TABLED TO MEETING OF JAN. 2, 1992 IN ORDER THAT THE APPLICANT BE
PRESENT AND THE SIGN BE POS'T'ED ON THE PROPERTY
THE CORPORATION OF THE TOWN OF NEWCASTLE
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A91/041
********************
APPLICANT: WM. J. KIMBALL
AGENT:
PROPERTY DESCRIPTION
4160 HIGHWAY NO. 2
PART LOT: 15 CONCESSION: 2
TOWNSHIP: CLARKE
PLAN NUMBER: - -
ZONING: A
HEARING DATE: 12-Dec-91
DECISION: D-,IS�i1SSLli
APPEAL DATE: 11-Jan-92
MINOR VARIANCE:
TO ALLOW THE APPLICANT TO CONSTRUCT AN ACCESSORY BUILDING WHICH
WOULD EXCEED THE MAXIMUM ALLOWABLE REQUIREMENT OF 40% OF THE MAIN
BUILDING TOTAL FLOOR AREA
REASON FOR DECISION:
AS THE APPLICATION IS FOR AN AGRICULTURAL BUILDING IT CANNOT BE
DEALT WITH BY THIS COMMITTEE AS A MINOR VARIANCE IS NOT NECESSARY
THE CORPORATION OF THE TOWN OF NEWCASTLE
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A91/042
********************
APPLICANT: GERALD JESSUP
AGENT:
PROPERTY DESCRIPTION
1451 TRULLS ROAD
PART LOT: 30 CONCESSION: 1
TOWNSHIP: DARLINGTON
PLAN NUMBER: - -
ZONING: A
HEARING DATE: 12-Dec-91
DECISION: APPROVED
APPEAL DATE: 11-Jan-92
MINOR VARIANCE:
TO ALLOW THE APPLICANT TO CONSTRUCT AN ACCESSORY BUILDING WHICH
WOULD EXCEED THE MAXIMUM ALLOWABLE REQUIREMENT OF 40% OF THE MAIN
BUILDING TOTAL FLOOR AREA
REASON FOR DECISION:
AS HE APPLICATION IS IN CONFORMITY WITH THE O.P. AND THE ZONING BY-
LAW, IS CONSIDERED DESIRABLE FOR THE DEVELOPMENT OF THE AREA AND
AS THE STRUCTURE HAS BEEN PARTIALLY CONSTRUCTED, THAT THE
APPLICATION BE APPROVED ON COND.THAT EXISTING STRUCT. BE REMOVED
THE CORPORATION OF THE TOWN OF NEWCASTLE
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A91/043
********************
APPLICANT: SHARMA DEVELOPMENT CORP.
AGENT: BARRY JONES
PROPERTY DESCRIPTION
1501 NASH ROAD
PART LOT: 33 CONCESSION: 2
TOWNSHIP: DARLINGTON
PLAN NUMBER: - -
ZONING: R1
HEARING DATE: 12-Dec-91
DECISION: APPROVED
APPEAL DATE: 11-Jan-92
MINOR VARIANCE:
TO ALLOW THE APPLICANT TO CONTINUE TO CONSTRUCT A SEMI/LINK
DWELLING HAVING A SETBACK OF 4 . 85M ( 15 . 9 FT. ) , MINIMUM REQUIRED 6M
REASON FOR DECISION:
AS APPL. IS IN CONFORMITY WITH THE O.P. AND BY-LAW, IS MINOR IN
NATURE AND DESIRABLE FOR DEVELOPMENT OF THE LANDS, THE APPLICATION
BE APPROVED AS APPLIED FOR