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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 e--- 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 _ 2 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 ,5 6 1