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Home My WebLink AboutPD-328-90 TOWN OF NEWCASTLE '( REPORT S File N: COFA.GPA Res. # By-Law # METING: General Purpose and Administration Committee DATE: Monday, November 5, 1990 REPORT #: PD-328-90 FILE #: A90/51 & A90/56 to A90/62 INCLUSIVE SUB.ECT: 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-328-90 be received; and 2 . THAT Council concur with the decisions of the Committee of Adjustment made at its meeting of September 20 and October 18, 1990, save and except for applications A 90/061 and A 90/062; 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 September 20 and October 18, 1990 . The Committee dealt with a total of eight (8) applications during the two (2) meetings . Applications A 90/57 and A 90/58 were DENIED as the Committee did not consider these to be minor in nature; one (1) application (A 90/051) was TABLED to the first available meeting date in November 1990. The balance of the applications were all APPROVED as applied for save and except applications A 90/061 and A 90/062 1.2 Applications A 90/061 was APPROVED in part by the Committee subject REPORT NO. : PD- -89 PAGE 2 as it exists on the lot, however, variance to recognize the existing accessory building was DENIED. Furthermore, the existing accessory building must be removed within ninety (90) of the Committee's decision. Application A 90/62 was APPROVED by the Committee subject to a condition. The variance was granted to recognize the existing accessory building exterior side yard setback, however, the Committee deemed that this approval only be in effect for a period ending April 1, 1991. By placing this condition on its decision, the Committee has in effect DENIED the application as the subject accessory building will have to be moved prior to this date. Staff cannot support the Committee's decision on applications A 90/60 and A 90/61 and as a result will not appear before the Ontario Municipal Board to defend the Committee's decision should these applications be appealed. 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 Wu, M.C. I .P. Lawrence Kotseff Director of Planning Chief A nistrative and Development Officer FW*cc *tta'reh 25 October 1990 --------------------------- --------------------------- 10/25/90 C OF A MONTHLY REPORT Page 1 --------------------------- --------------------------- ******************************************************************************* FILE NUMBER : A90/051 LOCATION : L24CBFC TWNSHP CLARKE APPLICANT NAME : WIGMORE DONNALU OWNERS ADDRESS : 31 ELGIN AVE. , TORONTO, ONT. ROLL NUMBER : 030020026000000 STREET : LAKESHORE RD AGENT : BARRY JONES AGENT ADDRESS: 76 BALDWIN ST. , NEWCASTLE ZONING : A & EP LEGAL DESCRIPTION : CON BF PT LOT 24 APPLICATION DATE : 7/19/90 DECISION : TABLED APPEAL DATE : HEARING DATE 9/20/90 REASON FOR DECISION : TABLED TO FIRST AVAILAABLE MEETING IN NOVEMBER 1990 MINOR VARIANCE : TO PERMIT AN EXTERIOR EXTENSION TO LEGALLY NON-CONFORMING BUILDINGS OR USES ------------------------------------------------------------------------------- FILE NUMBER : A90/056 LOCATION : L35C007 TWNSHP : CLARKE APPLICANT NAME : DALZELL ROY MOSSMAN OWNERS ADDRESS : RR2 ORONO, ONT. ROLL NUMBER : 030060101000000 STREET AGENT AGENT ADDRESS: ZONING : A LEGAL DESCRIPTION : CON 7 PT LOT 35 APPLICATION DATE : 8/16/90 DECISION : APPROVED APPEAL DATE : 10/20/90 HEARING DATE 9/20/90 REASON FOR DECISION : THAT AS THE APPLICATION IS IN KEEPING WITH THE INTENT OF THE DROP AND TOWN OF NEWCASTLE BY-LAW AND IS MINOR IN NATURE, THE APPLICATION BE APPROVED AS APPLIED FOR. CARRIED MINOR VARIANCE : THE APPLICANT TO CONSTRUCT AN ACCESSORY BUILDING WHICH WOULD EXCEED THE MAXIMUM ALLOWABLE REQUIREMENT OF 40% OF THE MAIN BUILDING TOTAL FLOOR AREA ------------------------------------------------------------------------------- --------------------------- --------------------------- 10/25/90 II C OF A MONTHLY REPORT Page 2 --------------------------- --------------------------- ******************************************************************************* FILE NUMBER : A90/057 LOCATION TWNSHP APPLICANT NAME : NOVAK IVAN OWNERS ADDRESS : 134 DURHAM ST. , OSHAWA, ONT. ROLL NUMBER : 010090224000000 STREET 01720 NASH RD AGENT AGENT ADDRESS: ZONING : R1 LEGAL DESCRIPTION : PLAN 632 LOT 18 APPLICATION DATE : 8/21/90 DECISION : DENIED APPEAL DATE : 10/20/90 HEARING DATE 9/20/90 REASON FOR DECISION : NOT CONSIDERED MINOR IN NATURE AND IS NOT DEEMED TO BE IN THE BEST INTERESTS FOR DEVELOPMENT, APPLICATION DENIED MINOR VARIANCE : THE APPLICANT TO CREATE A LOT HAVING A FRONTAGE OF 16M (53 FT. ) , MINIMUM REQUIRED 18M (59 FT. ) LOCATED IN LOT 18, PLAN 632, FORMER TOWNSHIP OF DARLINGTON ------------------------------------------------------------------------------- FILE NUMBER : A90/058 LOCATION TWNSHP APPLICANT NAME : NOVAK IVAN OWNERS ADDRESS : 134 DURHAM ST. , OSHAWA, ONT. ROLL NUMBER : 010090224000000 STREET 01720 NASH RD AGENT AGENT ADDRESS: ZONING : R1 LEGAL DESCRIPTION : PLAN 632 LOT 18 APPLICATION DATE : 8/21/90 DECISION : DENIED APPEAL DATE : 10/20/90 HEARING DATE 9/20/90 REASON FOR DECISION : NOT CONSIDERED MINOR IN NATURE OR KEEPING WITH INTENT OF THE O.P. AND ZONING BY-LAW AND NOT DEEMED TO BE IN THE BEST INTERESTS FOR DEVELOPMENT OF THE AREA, THE APPLICATION BE DENIED MINOR VARIANCE : THE APPLICANT TO CREATE A LOT HAVING A FRONTAGE OF 16M (53 FT. ) , MINIMUM REQUIRED 18M (59 FT. ) , LOCATED IN LOT 18, PLAN 632, FORMER TOWNSHIP OF DARLINGTON ------------------------------------------------------------------------------- --------------------------- --------------------------- 10/25/90 C OF A MONTHLY REPORT I ) Page 3 --------------------------- --------------------------- ******************************************************************************* FILE NUMBER : A90/059 LOCATION : L14CO08 TWNSHP DARLING APPLICANT NAME : ASHTON REAMA OWNERS ADDRESS : RR#1 BOWMANVILLE, ONT. ROLL NUMBER : 010150096300000 STREET AGENT AGENT ADDRESS: ZONING : RH1 LEGAL DESCRIPTION : PLAN HAYDON LOT 39 APPLICATION DATE : 8/31/90 DECISION : APPROVED APPEAL DATE : 10/20/90 HEARING DATE 9/20/90 REASON FOR DECISION : APPLICATION CONSIDERED IN KEEPING WITH INTENT OF O.P. AND BY-LAW AND IS CONSIDERED MINOR IN NATURE, THE APPLICATION BE APPROVED AS APPLIED FOR MINOR VARIANCE : THE APPLICANT TO CONSTRUCT A HOUSE HAVING A TOTAL FLOOR AREA OF 1024 SQ. FT. , MINIMUM REQUIRED 1185 SQ. FT. , AND HAVING A FRONT YARD SETBACK OF 4 .5M ( 15 FT. ) , MINIMUM REQUIRED 6M (20 FT. ) , LOCATED IN PART LOT 14, CON. 8, ------------------------------------------------------------------------------- FILE NUMBER : A90/060 LOCATION : L02C TWNSHP : CLARKE APPLICANT NAME : DENGIS MICHAEL GORDON OWNERS ADDRESS : R.R. #31 PORT HOPE, ONT. ROLL NUMBER : 03008000300000000 STREET : AGENT : IRWIN HAMILTON AGENT ADDRESS: 1 DIVISION ST. BOWMANVILLE ZONING : A LEGAL DESCRIPTION : CON 3 S PT LOT 2 APPLICATION DATE : 9/21/90 DECISION : APPROVED APPEAL DATE : 11/17/90 HEARING DATE : 10/18/90 REASON FOR DECISION : BE APPROVED AS APPLIED FOR AS THE APPLICATION IS CONSIDERED APPROPRIATE FOR THE DEVELOPMENT OF THE LANDS MINOR VARIANCE : THE APPLICANT TO CREATE A LOT HAVING AN AREA OF 24 . 61 AC (9 . 96HA) , MINIMUM REQUIRED 100 ACRES (40HA) ------------------------------------------------------------------------------- :� J ') --------------------------- --------------------------- 10/25/90 C OF A MONTHLY REPORT I ) Page 4 --------------------------- --------------------------- ******************************************************************************* FILE NUMBER : A90/061 LOCATION : L28C001 TWNSHP CLARKE APPLICANT NAME : 806628 ONTARIO LTD. OWNERS ADDRESS : 82 EDWARD ST. , NEWCASTLE ROLL NUMBER : 030110041000000 STREET 00082 EDWARD ST AGENT BRATTY & PARTNERS (B. HOROSKO) AGENT ADDRESS: 4950 YONGE ST. , NORTH YORK, ONT. ZONING : Rl-1 LEGAL DESCRIPTION : CON 1 PT LOT 28 APPLICATION DATE : 10/18/90 DECISION : APPROVED APPEAL DATE : 11/17/90 HEARING DATE : 10/18/90 REASON FOR DECISION : TO RECOGNIZE EXISTING DWELLING BE APPROVED AND VARIANCE ON GARAGE BE DENIED AND THAT THE GARAGE BE REMOVED WITHIN 90 DAYS OF THE COMMITTEE'S DECISION MINOR VARIANCE : APP TO SEVER LOT HAVING EXIST. ACC. BLDG. EXCEED 40%, ACC BLDG SY OF 1. 6 ' (0 .49M) , RY OF 14 . 7 ' (4 .48M) , ACC. BLDG. FRONT YARD OF 0 ' AND A FRONT YARD HAVING 10 ' (3 . 05M) ------------------------------------------------------------------------------- FILE NUMBER : A90/062 LOCATION : L28C001 TWNSHP : CLARKE APPLICANT NAME : 806628 ONTARIO LTD. OWNERS ADDRESS : 211 BEAVER ST. , NEWCASTLE ROLL NUMBER : 030110050000000 STREET 00211 BEAVER ST S AGENT BRATTY & PARTNERS (B. HOROSKO) AGENT ADDRESS: 4950 YONGE ST. , NORTH YORK, ONT. ZONING : R1-1 LEGAL DESCRIPTION : PT LOT 13 APPLICATION DATE : 10/18/90 DECISION : APPROVED APPEAL DATE : 11/17/90 HEARING DATE : 10/18/90 REASON FOR DECISION : APPLICATION BE APPROVED AS APPLIED FOR TO PERMIT THE ACCESSORY BUILDING HAVING AN EXTERIOR SIDEYARD OF 1. 3M FOR A PERIOD ENDING APRIL 1, 1991 MINOR VARIANCE : THE APPLICANT TO SEVER A LOT HAVING AN EXISTING ACCESSORY BUILDING HAVING AN EXTERIOR SIDEYARD OF 4 .2 ' ( 1. 3M) MINIMUM REQUIRED 6M (20 FT. ) -------------------------------------------------------------------------------