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HomeMy WebLinkAboutPD-62-88DN: COMADJ TOWN OF NEWCASTLE MEETING: General Purpose and Administration Committee DATE: Monday, March 21, 1988 fZF UT #: PD -62 -88 _ FILE #PLN 7.3 SUBJECT: SUMMARY OF COMMITTEE OF ADJUSTMENT APPLICATIONS FOR THE MEETINGS OF FEBRUARY 18 & 25, 1988 RECOMMENDATIONS: File #�.6 Res. # By -Law # It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -62 -88 be received for information. BACKGROUND AND COMMENT: For the information of the General Purpose and Administration Committee, Staff have prepared the attached list of applications to the Committee of Adjustment for the meetings of February 18 and February 25, 1988. This list includes the file number, applicant's name, site location, type of variance requested, Official Plan conformity, By -law conformity, Staff's comments on the applications, and the Committee of Adjustment's decision. Respectfully submitted, T.T. Edwards, M.C.I.P. Director of Planning MH *TTE *jip *Attach. March 4, 1988 Recommended for presentation to the Committee Kotseff istrative Officer PRESENT: 0V TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT FEBRUARY 18, 1988 7:30 P.M. Court Room # 2, Fire Hall Building, Bowmanville Chairman T. F. Rehder Member Jean Payne Member J. P. Murdoch Member Arnold Reicheld Member Gordon Barrie Member Bernhard Heming Current Operations Planner Carlo Pellerin Secretary Carrol Clemens APPLICATIONS: A 10/88 - Kiddiecorp Investments - Part Lot 9, Con. 1, Bowmanville Application was made for relief from zoning by -law requirements in order to permit the applicant to continue the use of a single family dwelling having a 1.12m and 1.17m sideyard, instead of the required 1.20m sideyard, located in Part Lot 9, Concession 1, Bowmanville (Lot 3, Plan 1OM -794). Mr. John DeJong of the office of Donevan & Fleischmann appeared in support of this application. No other person appeared in support of or in opposition to this application. Moved by Mr. Murdoch, seconded by Mrs. Payne "THAT as the requested variance appears to comply with the intent of the Official Plan and Zoning By -law and is in keeping with the surrounding properties, permission is GRANTED to continue the construction of a single family dwelling with a separation distance of 1.12m between the links. This variance is conditional that there are no openings on the walls of this separation distance." "CARRIED" Committee of Adjustment Meeting, February 18, 1988.... A 12/88 - Lianna Developments Ltd., Part Lot 8, Con. 1, Bowmanville Application was made for relief from zoning by -law requirements in order to permit the applicant to continue to construct a single family dwelling having a 4.68m exterior sideyard setback instead of the required 6m, located in Part Lot 8, Concession 1, Bowmanville (Lot 10, Plan 1OM -791). Mr. Dennis Wheeler appeared in support of the application. Anna Bragg was present with interest in this application. No other person appeared in support of or in opposition to this application. Moved by Mr. Rehder, seconded by Mr. Murdoch "THAT as the proposed variance does not appear to offend the intent of the Official Plan or Zoning By -law and would not appear to have a detrimental effect on the surrounding neighbourhood, the variance is considered minor in nature and permission is GRANTED to continue the construction of a single family dwelling having an exterior side yard of 4.68m." ::I ,I A 13/88 - Carl Fischer, Part Lot 11, Concession 1, Bowmanville Application was made for relief from zoning by -law requirements in order to permit the applicant to create a lot with an exterior side yard of 5.1m instead of the required 6m and a reduction of the rear yard to 3.5m instead of the required 7.5m located in Part Lot 11, Concession 1, Bowmanville. Mr. Fischer appeared in support of the application. No other person appeared in support of or in opposition to the application. Moved by Mr. Heming, seconded by Mr. Barrie "THAT as the proposed variance in side yards and rear yards would appear to conform with the intent of the Official Plan and Zoning By -law, and as the proposed dwelling would be an infilling situation and would not have a detrimental effect on the area, permission is GRANTED to create a lot with an exterior sideyard of 5.1m instead of the required 6m, and a reduction of the rear yard to 3.5m instead of the required 7.5m rear yard." : :_: DO Committee of Adjustment Meeting, February 18, 1988..... A 14/88 - Ganaraska Properties Ltd. - Part Lot 11, Con. 1, Bowmanville Application was made for relief from zoning by -law requirements in order to permit the applicant to construct a 19' x 33.5' addition to a legal non conforming automotive retail outlet located in Part Lot 11, Concession 1, Bowmanville. Mr. Tom Cowan appeared in support of this application. No other person appeared in support of or in opposition to the application. Moved by Mr. Murdoch, seconded by Mr. Reicheld "THAT as the proposed variance would not appear to offend the intent of the Official Plan or Zoning By- law or have a detrimental effect on the neighbouring properties, this variance is considered minor in nature and permission is GRANTED to expand a legal non conforming building by constructing a 660 sq. ft. two storey addition." "CARRIED" DEFERRMENTS: Moved by Mr. Rehder, seconded by Mr. Murdoch "THAT Application A 8/88 be deferred to the meeting of February 25th, 1988." "CARRIED" OTHER BUSINESS: Moved by Mrs. Payne, seconded by Mr. Murdoch "THAT in the absence of Marie Horne, Secretary, Carrol Clemens be appointed as acting Secretary." "CARRIED" Moved by Mr. Barrie, seconded by Mr. Rehder "THAT the minutes of the last meeting be approved as circulated." "CARRIED" Appeal date for the foregoing applications is March 19, 1988 Next meeting of the Committee of Adjustment is February 25, 1988 Meeting adjourned at 9:00 p.m. MONITORING OF COMMITTEE OF ADJUST SENT DECISIONS ELE NO. I DI_vl,:>IGN y. NATURE I ,_1i,.E Oi APPLICATION )PLICA NT I LOCATION I 38/0 10 y GRANTED I. CREATE l . P"{ & 1 . 17M S DLrA .D REQUIRED 1 -20` [C•DIECORP INV. I L 7' C 1 04diN"iN r I T 38/012 I GRANTED I TO CREATE 4 .68M EXT . SIDEYARD , REQUIRED 61-1 CANNA DEVELOPMENTS I L 8 C 1 sOWM i I I I 1OM-791 I 38/013 T_ GRANTED I UREATC LOT WITH EXTERIOR SIDE YARD OF 5. lM REQUIRED 6M CSCHER CARL I L11 C 1 BOWMAN I REDUCTION OF REAR YARD TO 3 .5M REQUIRED 7 .5M I I I IoM-- I 38/014 I GRANTED I TO CONSTRUCT ADDITION TO LEGAL NON CONFORMING AUTOMOTIVE ;NARnSKA PROPERTIES I L 11 C 1 uG'vb1`'IAIv ,. RE TAI:_AI:_ CtUT_E i 19 X 33 ,S I I I PRESENT: TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT FEBRUARY 25, 1988 7:30 P.M. Court Room # 2, Fire Hall Building, Bowmanville Chairman T. F. Rehder Member Jean Payne Member J. P. Murdoch Member Arnold Reicheld Member Gordon Barrie Member Bernhard Heming Current Operations Planner Carlo Pellerin Secretary Marie Horne APPLICATIONS: A 88/87 - Jean Kulyk - Part Lot 3 & 4, Con. 1, Clarke Application was made for relief from zoning by -law requirements in order to permit the applicant to create a lot with a single family dwelling and maintaining the existing accessory building which exceeds the maximum requirement of not more than 40% of the main building total floor area, located in Part Lot 3 & 4, Concession 1, Clarke. Mr. S. Cureatz, Solicitor, appeared in support of this application, accompanied by Mrs. Kulyk. No other person appeared in support of or in opposition to this application. Moved by Mr. Reicheld, seconded by Mr. Barrie "THAT as the requested variance appears to comply with the intent of the Official Plan and Zoning By -law and would have no adverse effect on the surrounding properties, permission is GRANTED to permit the applicant to create a lot with a single family dwelling and maintaining the existing accessory buildings which exceed the maximum requirement of not more than 40% of the main building total floor area." "MOTION LOST" Moved by Mr. Heming, seconded by Mrs. Payne "THAT as the proposed variance has accessory buildings greater than 40% and the total area being more than twice as much as the floor area of the main dwelling, Committee deemed it appropriate to GRANT the variance conditional upon the removal of the smallest accessory building, being the 600 sq. ft. (frame shed)." "CARRIED" Committee of Adjustment Meeting, February 25, 1988.... A 9/88 - Raymond & Sharon Melville, Part Lot 8, Con. 1, Bowmanville Application was made for relief from zoning by -law requirements in order to permit the applicant to create a lot with an area of 2507m2 instead of the required 3001Om2 area, located in Part Lot 8, Concession 1, Bowmanville. (Part A) Mr. G. Pollitt, Solicitor, appeared in support of this application, accompanied by Mr. Melville. No other person appeared in support of or in opposition to this application. Moved by Mr. Heming, seconded by Mr. Reicheld "THAT as the proposed lot is situated entirely in the storm flood plain of Soper Creek and as the Central Lake Ontario Conservation Authority strongly disapproves of any procedure which will perpetuate the use of this property for habitable dwellings, the application to create this 25017m2 lot is DENIED." "CARRIED" A 18/88 - Raymond & Sharon Melville, Part Lot 8, Con. 1, Bowmanville Application was made for relief from zoning by -law requirements in order to permit the applicant to create a lot with an area of 25017m2 instead of the required 3000m2 area, located in Part Lot 8, Concession 1, Bowmanville. (Part B) Mr. G. Pollitt, Solicitor, appeared in support of this application, accompanied by Mr. Melville. No other person appeared in support of or in opposition to the application. Moved by Mr. Heming, seconded by Mr. Reicheld "THAT as the proposed lot is situated entirely in the storm flood plain of Soper Creek and as the Central Lake Ontario Conservation Authority strongly disapproves of any procedure which will perpetuate the use of this property for habitable dwellings, the applicatiion to create this 2507m2 lot is DENIED." 20 r��� Committee of Adjustment Meeting, February 25, 1988..... A 16/88 - Tom & Gail Wilcock, Part Lot 4, Con. 8, Darlington Application was made for relief from zoning by -law requirements in order to permit the applicant to construct a 1500 sq. ft. accessory building which would exceed the maximum requirement of not more than 40Jo of the main building total floor area, located in Part Lot 4, Concession 8, Darlington. Mr. & Mrs. Wilcock appeared in support of this application. No other person appeared in support of or in opposition to the application. Moved by Mr. Barrie, seconded by Mr. Murdoch "THAT as the proposed variance does not appear to offend the intent of the Official Plan or Zoning By- law and would not appear to have a detrimental effect on the surrounding neighbourhood, the variance is considered minor in nature and permission is GRANTED to construct a 150101 sq. ft. accessory building." "CARRIED" A 17/88 - William & Teresa Peeters, Part Lot 33, Con: 3, Darlington Application was made for relief from zoning by -law requirements in order to permit the applicant to construct a 750 sq. ft. accessory building-which would exceed the maximum requirement of not more than 40% of the main building total floor area, located in Part Lot 33, Concession 3, Darlington. Mr. Peeters was present in support of this application. No other person appeared in support of or in opposition to the application. Moved by Mr. Heming, seconded by Mr. Murdoch "THAT as the proposed variance does not appear to offend the intent of the Official Plan or Zoning By -law and would not appear to have a detrimental effect on the surrounding neighbourhood, the variance is considered minor in nature and permission is GRANTED to construct a 7501 sq. ft. accessory building." "CARRIED" Committee of Adjustment Meeting, February 25, 1988..... nPPRRRMRMTG Moved by Mr. Heming, seconded by Mr. Murdoch "THAT Application A 8/88 be deferred until such time as the plan is registered." "CARRIED" Moved by Mrs. Payne, seconded by Mr. Reicheld "THAT Application A 15/88 be deferred to the Committee of Adjustment meeting of March 17, 1988 in order that the applicant post the Notice of Hearing." OTHER BUSINESS: Moved by Mr. Reicheld, seconded by Mrs. Payne "THAT the minutes of the last meeting be approved as circulated." "CARRIED" Appeal date for the foregoing applications is March 26, 1988 Next meeting of the Committee of Adjustment is March 17, 1988 Meeting adjourned at 9:45 p.m. MONITORING OF COMMITTEE OF ADJUSTMENT DECISIONS ------------------------------------------------- ------------------------------------------------- ILE NO. I DECISION I NATURE OF APPLICATION PPLICANT I LOCATION I 37/088 1 GRANTED I CREATE LOT WITH DWELLING & MAINTAINING EXIST. BLDGS . EXCEEDIN �LYK, JEAN' J I L 3 C 1 CLARKE I MAXIMUM REQUIREMENT OF NOT MORE THAN 40% OF MAIN BLDG. TOTAL I SKOPS COURT I FLOOR AREA I lom- I 38/009 1 DENIED I CREATE LOT WITH AREA OF 2507M2 REQUIRED 30001,12 ELVILLE R & S I L 8 C 1 BOWMAN I I lom- I B8/016 I GRANTED I CONSTRUCT A 1500 SQ. FT. ACCESSORY BUILDING WHICH EXCEEDS ILCOCK T & G I L 4 C 8 DARL I MAXIMUM REQUIREMENT OF NOT MORE THAN 40% OF MAIN BUILDING I I TOTAL FLOOR AREA 110M- I B8/017 I GRANTED I CONSTRUCT A 750 SQ. FT. ACCESSORY BLDG. WHICH EXCEEDS THE EETERS WILLIAM I L33 C 3 DARL I MAXIMUM REQUIREMENT OF NOT MORE THAN 40% OF THE MAIN BLDG. I I TOTAL FLOOR AREA T 10M- B8/018 I DENIED I CREATE LOT WITH AREA OF 2507M2 REQUIRED 3000M2 ELVILLE R & S I L 8 C I BOWMAN I I I 1 10111-