HomeMy WebLinkAboutPD-82-92 THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: COFA.GPA REPORT
Meeting: General Purpose and Administration Committee File # D i
Date: Monday, April 6, 1992 Re s. #
Report#: PD-82-92 File#: A92/010, A92/013 to A92/020, in1&6%1 iii
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Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETINGS OF MARCH 12 AND MARCH 26, 1992
FILE: A 92/010, A92/013 to A92/020 INCLUSIVE
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-82-92 be received; and
2 . THAT Council concur with the decisions of the Committee of
Adjustment made at its meetings of March 12 & March 26, 1992.
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 a total of nine (9) variance
applications during the two (2) meetings. Applications
A92/013 to A92/017 inclusive were heard on March 12 , while the
four (4) remaining were heard March 26, 1992 .
1. 2 Application A92/010, A 92/013 and A92/014 were all TABLED from
the meeting of February 27, 1992, to allow the applicants to
meet with the Town Public Works and Community Services
Department. Applications A 92/013 and A92/014 are related and
dependant on the success of both variances. The applicant
proposes to sever his existing corner lot to create two
parcels, both requiring a variance from the specified lot area
minimum of the Town's Zoning By-law. The proposed lots have
lot areas of 408 m2 and 449 m2 as opposed to the minimum
required 460 m2. Public Works Staff advised a road widening
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REPORT NO. : PD-82-92 PAGE 2
would be required on the proposed severed parcel which would
further reduce the lot area from 408 mZ to 332 m2.
1. 3 Staff did not support the combined variance applications as
being minor in nature. The Committee in their deliberation
approved the variances allowing for the required road
widening. The subject property is in an older section of
Bowmanville that is fully developed, with little or no
opportunity for further infilling in a similar fashion. Staff
therefore, do not believe similar applications will be
forthcoming. Given that this is probably an isolated
situation and the cost and Staff time required in an appeal,
Staff do not suggest appealing said decision.
1. 4 Staff have reviewed the balance of the Committee's decisions
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 Wu, M.C. I.P. Lawrence otseff
Director of Planning Chief Adm'n trative
and Development Officer
CP*FW*cc
*Attach
30 March 1992
THE CORPORATION OF THE TOWN OF NEWCASTLE
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A92/010
********************
APPLICANT: PHILIP HAMBLIN
AGENT:
PROPERTY DESCRIPTION
135 QUEEN STREET
PART LOT: 12 CONCESSION: 1
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: - -
ZONING: Rl
HEARING DATE: 26-Mar-92
DECISION: APPROVED
APPEAL DATE: 25-Apr-92
MINOR VARIANCE:
TO CONSTRUCT AN ADDITION TO AN EXISTING RESIDENCE WHICH EXCEEDS
THE MAXIMUM ALLOWABLE 40% OF THE TOTAL FLOOR AREA OF THE MAIN
BUILDING
REASON FOR DECISION:
THAT AS THE APPLICATION APPEARS TO MAINTAIN THE GENERAL INTENT OF
THE O.P. & ZONING BY-LAW AND IS CONSIDERED TO BE MINOR IN NATURE,
THE APPL. BE APPROVED PROVIDED THE APPL. SATISFY THE REQUIREMENTS
OF CLOCA PRIOR TO THE TOWN ISSUING A BUILDING PERMIT
THE CORPORATION OF THE TOWN OF NEWCASTLE
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A92/013
********************
APPLICANT: WAYNE CHASKAVICH
AGENT:
PROPERTY DESCRIPTION
61 PROSPECT STREET
PART LOT: 12 CONCESSION: 2
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: - -
ZONING: Rl
HEARING DATE: 12-Mar-92
DECISION: APPROVED
APPEAL DATE: 11-Apr-92
MINOR VARIANCE:
TO ALLOW THE APPLICANT TO CREATE A LOT HAVING AN AREA OF 408 .74M21
MINIMUM REQUIRED 460M2, THIS APPLICATION IS RECIRCULATED FROM THE
MEETING OF FEBRUARY 27, 1992
REASON FOR DECISION:
THAT AS THE APPLICATION IS DEEMED TO BE DESIRABLE FOR THE
DEVELOPMENT OF THE AREA AND IN KEEPING WITH THE INTENT OF THE
OFFICIAL PLAN AND ZONING BY-LAW THE APPLICATION BE APPROVED FOR A
LOT AREA MINIMUM OF 332 . OM2
THE CORPORATION OF THE TOWN OF NEWCASTLE
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A92/014
********************
APPLICANT: WAYNE CHASKAVICH
AGENT:
PROPERTY DESCRIPTION
61 PROSPECT ST.
PART LOT: 12 CONCESSION: 2
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: - -
ZONING: R1
HEARING DATE: 12-Mar-92
DECISION: APPROVED
APPEAL DATE: 11-Apr-92
MINOR VARIANCE:
TO ALLOW THE APPLICANT TO CREATE A LOT HAVING AN AREA OF 449 .23M2,
MINIMUM REQUIRED 460M2
REASON FOR DECISION:
AS THE APPLICATION IS DEEMED TO BE IN CONFORMITY WITH THE O.P. AND
ZONING BY-LAW AND THE APPLICATION IS CONSIDERED DESIRABLE, IT BE
APPROVED AS APPLIED FOR, HAVING A LOT AREA MINIMUM OF 449 . OM2
THE CORPORATION OF THE TOWN OF NEWCASTLE
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A92/015
APPLICANT: K. MORGAN, A. NELSON
AGENT: KIM MORGAN
PROPERTY DESCRIPTION
1990 CONCESSION RD. 6
PART LOT: 24 CONCESSION: 6
TOWNSHIP: DARLINGTON
PLAN NUMBER: - -
ZONING: RH
HEARING DATE: 12-Mar-92
DECISION: APPROVED
APPEAL DATE: 11-Apr-92
MINOR VARIANCE:
TO ALLOW A LEGAL NON-CONFORMING FARM OPERATION TO CONTINUE ON THE
PROPOSED NEW LOT AND RETAIN A FARM BUILDING WITH A SIDEYARD
SETBACK OF 0 .27M ( 0 . 9 FT. ) , MINIMUM REQUIRED 15M
REASON FOR DECISION:
THE APPLICATION BE APPROVED AS APPLIED FOR, SUBJECT TO ALL
ACCESSORY BUILDINGS BEING REMOVED FROM THE SUBJECT PROPERTY PRIOR
TO THE EARLIER OF JUNE 30, 1993 OR THE CLOSING OF A PURCHASE AND
SALE AGREEMENT FOR THE SUBJECT PARCEL
THE CORPORATION OF THE TOWN OF NEWCASTLE
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A92/016
********************
APPLICANT: K. MORGAN, A. NELSON
AGENT: KIM MORGAN
PROPERTY DESCRIPTION
1990 CONCESSION RD. 6
PART LOT: 24 CONCESSION: 6
TOWNSHIP: DARLINGTON
PLAN NUMBER: - -
ZONING: RH
HEARING DATE: 12-Mar-92
DECISION: APPROVED
APPEAL DATE: 11-Apr-92
MINOR VARIANCE:
TO ALLOW LEGAL NON-CONFORMING FARM OPER. TO CONTINUE ON PROPOSED
NEW LOT AND RETAIN FARM BLDG. WITH SIDEYARD SETBACK OF 2 .28M, MIN.
REQ'D. 15M, & TO RECOGNIZE THE EXIST. FRONT YARD SETBACK OF THE
DWELLING OF 4 . 28M, MINIMUM REQUIRED 6M
REASON FOR DECISION:
THE APPLICATION BE APPROVED AS APPLIED FOR, SUBJECT TO ALL
ACCESSORY BUILDINGS BEING REMOVED FROM THE SUBJECT PROPERTY PRIOR
TO THE EARLIER OF JUNE 30, 1993, OR THE CLOSING OF A PURCHASE AND
SALE AGREEMENT FOR THE SUBJECT PARCEL
THE CORPORATION OF THE TOWN OF NEWCASTLE
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A92/017
APPLICANT: TONY BUSUTTIL
AGENT:
PROPERTY DESCRIPTION
2540 CONCESSION ROAD 3
PART LOT: 13 CONCESSION: 3
TOWNSHIP: DARLINGTON
PLAN NUMBER: - -
ZONING: Al
HEARING DATE: 12-Mar-92
DECISION: APPROVED
APPEAL DATE: 11-Apr-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:
THAT AS THE APPLICATION IS CONSIDERED MINOR IN NATURE AND
DESIRABLE FOR THE APPROPRIATE DEVELOPMENT OF THE LAND AND IN
CONFORMITY WITH THE O.P. AND ZONING BY-LAW THE APPLICATION BE
APPROVED AS APPLIED FOR
THE CORPORATION OF THE TOWN OF NEWCASTLE
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A92/018
APPLICANT: 909423 ONTARIO LTD.
AGENT: J.D. BARNES LTD.
PROPERTY DESCRIPTION
69 MOYSE DRIVE
PART LOT: 28 CONCESSION: 2
TOWNSHIP: DARLINGTON
PLAN NUMBER: 40M-1675 -57R
ZONING: R1
HEARING DATE: 26-Mar-92
DECISION: APPROVED
APPEAL DATE: 25-Apr-92
MINOR VARIANCE:
TO LEGALIZE A SEMI/LINK DWELLING CONSTRUCTED ON A LOT HAVING A
SIDEYARD SETBACK OF 1 . 18M ( 3. 9 FT. ) , MINIMUM REQUIRED 1.20M
REASON FOR DECISION:
THAT AS THE APPLICATION APPEARS TO BE IN KEEPING WITH THE INTENT
OF THE O.P. AND ZONING BY-LAW AND IS CONSIDERED TO BE MINOR IN
NATURE, THE APPLICATION BE APPROVED.
THE CORPORATION OF THE TOWN OF NEWCASTLE
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A92/019
********************
APPLICANT: MELODY HOMES
AGENT: G.M. SERNAS & ASSOCIATES LTD.
PROPERTY DESCRIPTION
66 FREELAND AVENUE
PART LOT: 10 CONCESSION: 2
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: 40M-1670 -79
ZONING: R2
HEARING DATE: 26-Mar-92
DECISION: APPROVED
APPEAL DATE: 25-Apr-92
MINOR VARIANCE:
TO ALLOW THE CONSTRUCTION OF A SINGLE FAMILY DWELLING ON A LOT
HAVING A FRONTAGE OF 11. 91M (39 . 07 FT) , MINIMUM REQUIRED 12M.
REASON FOR DECISION:
THAT AS THE APPLICATION APPEARS TO BE IN KEEPING WITH THE INTENT
OF THE O.P. AND ZONING BY-LAW AND IS CONSIDERED TO BE MINOR IN
NATURE, THE APPLICATION BE APPROVED
THE CORPORATION OF THE TOWN OF NEWCASTLE
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A92/020
APPLICANT: MELODY HOMES
AGENT: G.M. SERNAS & ASSOCIATES LTD.
PROPERTY DESCRIPTION
42 FREELAND AVENUE
PART LOT: 10 CONCESSION: 2
TOWNSHIP: BOWMANVILLE
PLAN NUMBER: 40M-1670 -67
ZONING: R2
HEARING DATE: 26-Mar-92
DECISION: APPROVED
APPEAL DATE: 25-Apr-92
MINOR VARIANCE:
TO ALLOW THE CONSTRUCTION OF A SINGLE FAMILY DWELLING ON A LOT
HAVING A FRONTAGE OF 11 . 73M (38 .5 FT. ) , MINIMUM REQUIRED 12M
REASON FOR DECISION:
THAT AS THE APPLICATION APPEARS TO BE IN KEEPING WITH THE INTENT
OF THE O.P. AND ZONING BY-LAW AND IS CONSIDERED TO BE MINOR IN
NATURE THE APPLICATION BE APPROVED
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