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HomeMy WebLinkAboutPD-141-84 Q CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 4, 1984 REPORT NO. : PD-141-84 SUBJECT: SUMMARY OF COMMITTEE OF ADJUSTMENT APPLICATIONS FOR MEETING OF JUNE 27, 1984 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following : 1 . That Report PD-141-84 and the minutes of the Committee of Adjustment meeting of June 27, 1984 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 meeting of June 27, 1984. This list includes the file number, applicant' s name, site location, type of variance requested, staff's comments on the applications, and the Committee of Adjustment' s decision. Respectf ted, b T.T. Edwards, M.C.I.P. Director of Planning TTE*jip *Attach. i MONITORING OF COMMITTEE OF ADJUSTMENT DECISIONS i i C. OF A. C. OF A.I FILE NO. APPLICANT LOCATION NATURE OF APPLICATION STAFF COMMENTS DECISION A 38/84 I JAMES PETERS I L. 29, C. 4, (RESIDENTIAL - ACCESSORY STRUCTURE I NOT MINOR !DENIED I DONNA PETERS ! CLARKE !FRONT YARD ! DENIAL r i I A 46/84 I WILLIAM ZAHAJEWICZ I L. 10, C. 1, (RESIDENTIAL - ADDITION I APPROVAL (GRANTED I I I I CLARKE !SET BACK I I (RESIDENTIAL - ADDITION I APPROVAL (GRANTED I I A 47/84 I BRIAN GRILLS I L. 18, C. %, ISIDE YARD, FRONT YARD & SET BACK I I I I DARLINGTON I I I A 48/84 I HARRY GRAAT I L. 20, C. 2, (RESIDENTIAL - CONTINUATION ( APPROVAL (GRANTED I I I CLARKE (GROSS FLOOR AREA, SIDE YARD AND REAR YARD I I A 49/84 I ROBERT L. STEVENS L. 16, C. 1, (RESIDENTIAL - CREATION I DOES NOT COMPLY WITH I I DARLINGTON ILOT FRONTAGE, AREA, GROSS FLOOR AREA, FRONT I BOWMANVILLE OFFICIAL PLAN (GRANTED I YARD & SET BACK - ACCESSORY -SET BACK DENIAL I A 50/84 i ROBERT L. STEVENS I L. 16, C. 1 ( RESIDENTIAL - CREATION DOES NOT COMPLY WITH I DARLINGTON ILOT FRONTAGE, LOT AREA, GROSS FLOOR AREA I BOWMANVILLE OFFICIAL PLAN (GRANTED I !FRONT YARD, SIDE YARD, SET BACK i DENIAL I A 51/84 ( ROBERT L. STEVENS L. 16 C. 1 PRESIDENTIAL - CREATION DOES NOT COMPLY WITH I DARLINGTON ( LOT AREA, FRONT YARD & SET BACK I BOWMANVILLE OFFICIAL PLAN ITIE VOTE I .- ( POOL - FRONT YARD AND SET BACK I DENIAL (DENIED A 52/84 I ROMAN CATHOLIC EPISCOPALI L. 27, C. 2 ( INSTITUTIONAL - CREATION I i CORPORATION ! NEWCASTLE VILLAGEIFRONTAGE & AREA, SIDE YARD ! APPROVAL !GRANTED A 53/84 I ROMAN CATHOLIC EPISCOPALI L. 27, C. 2, ( INSTITUTIONAL - CREATION I APPROVAL (GRANTED I CORPORATION ! NEWCASTLE VILLAGEIAREA, SIDE & REAR YARDS I I TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT June 27, 1984 7:30 p.m. Court Room # 2, Police Building, Bowmanville PRESENT: Chairman T. F. Rehder Member Wesley J. Yellowlees Member H. C. Muir Member J. P. Murdoch Member Jean Payne Member Arnold Reicheld Current Operations Planner Larry Taylor Secretary Carrol Clemens APPLICATIONS: A 38/84 - James and Donna Peters, Lot 29, Concession 4, Clarke Application was made for relief from zoning by-law requirements in order to permit the applicant to construct an accessory building in the front yard, leaving a 1 ft. front yard and a non-conforming set back, instead of the required 20 ft. front yard, 16.2 m (53 ft. ) set back and being located wholly in the rear yard. Mr. and Mrs. Peters appeared in support of this application. Mr. and Mrs. Adegeest, Mrs. Hooey, Mrs. Boyd, Mr. Fagan and Mr. Parker appeared in opposition to this application. No other person appeared in support of or in opposition to this application. Moved by Mr. Murdoch, seconded by Mr. Reicheld, "THAT as the requested variance to locate an accessory building in the front yard, leaving a 1 ft. front yard, instead of being located wholly in the rear yard is not considered to be minor in nature and is contrary to the Zoning By-law, the application to construct this accessory building is DENIED." "CARRIED" e.Co) Committee of Adjustment Meeting, June 27, 1984. . . . . A 46/84 - William Zahajewicz, Lot. 10, Concession 1 , Clarke.. Application was made for relief from zoning by-law requirements in order to permit the applicant to construct a second storey addition and a new roof over the existing single family dwelling, maintaining the existing non-conforming 91 .5 ft. set back, instead of the required 110 ft. set back. Mrs. Zuhajewicz appeared in support of this application. No other person appeared in support of or in opposition to this application. Moved by Mrs. Payne, seconded by Mr. Muir, "THAT as this variance does not offend the intent of the Official Plan or Zoning By-law and would permit the applicant to construct a second storey addition and new roof, permission is GRANTED to construct the addition and roof, maintaining the existing non-conforming set back." "CARRIED" A 47/84 - Brian. Grills, Lot 18, Concession 5, Darlington. Application was made for relief from zoning by-law requirements in order to permit the applicant to construct a second storey addition to the existing single family dwelling, maintaining the existing non-conforming front yard of 12.33 feet, side yard of 2.3 feet and non-conforming set back, instead of the required 9 m (29.52 ft. ) front yard, 2.4 m (7.87 ft. ) side yard and 19 m (62.33 ft. ) set back. Mr. and Mrs. Grills 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 Mr. Rehder, "THAT as the requested variance conforms with the intent of the Official Plan and Zoning By-law and as the addition of the second storey does not further encroach into the existing non-conforming yards, the application is considered minor in nature and per- mission is GRANTED to construct a second storey addition, maintaining the existing non-conforming front yard, side yard and set back." "CARRIED" Committee of Adjustment Meeting, June 27, 1984. . . . . A 48/84 - Harry Graat, Lot 20, Concession 2, Clarke. Application was made for relief from zoning by-law requirements in order to permit the applicant to continue the use of a lots with an existing 950 sq. ft. single family dwelling, instead of the required 1200 sq. ft. single family dwelling and an accessory building with a side yard of 2.25 ft. and a rear yard of 1 .9 ft. , instead of the required 4 ft. side and rear yard. No person appeared in support of or in opposition to this application. Moved by Mr. Reicheld, seconded by Mrs. Payne, "THAT as the requested variance appears to comply with the intent of the Official Plan and Zoning By- law and would permit the continued use of this residential lot, permission is GRANTED to continue the use of this lot with an existing 950 sq. ft. single family dwelling and an accessory building having a side yard of 2.25 ft. and a rear yard of 1 .9 feet." "CARRIED" A 49/84 - Robert L. Stevens,. Lot 16, Concession 1 , Darlington. Application was made for relief from zoning by-law requirements in order to permit the applicant to create a lot with a frontage of 138 ft. and area of 16,900 sq. ft. , instead of the required 150 ft. (45.5 m) frontage and area of 37,500 sq. ft. (3483.5 sq. m) with an existing 975 sq. ft. single family dwelling having a front yard of 16.4 ft. and an existing non-conforming set back and an existing garage with a front yard of 25.8 ft. and an existing non-conforming set back. Mr. Stevens and Mr. Brown 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 Mr. Muir, "THAT as the present building has been in existance for over twenty years and has had its original set backs reduced through expropriations, the variances are considered to be minor in nature and permission is GRANTED to create a lot with a frontage of 138 ft. , an area of 16,900 sq. ft. and a 975 sq. ft. single family dwelling having a front yard of 16.4 ft. and an existing non-conforming set back. Permission is also granted to permit an existing garage with a front yard of 25.8 ft. and an existing non-conforming set back." "CARRIED" Committee of Adjustment Meeting, June 27, 1984. . . . . . . . . . A 50/84 - Robert L. Stevens, Lot 16, Concession 1 , Darlington. Application was made for relief from zoning by-law requirements in order to permit the applicant to create a lot with a frontage of 142 feet and an area of 21 ,470 sq. ft. , instead of the required 150 ft. frontage and area of 37,500 sq. ft. , mith an existing 720 sq. ft. single family dwelling having a front yard of 19.9 ft. , side yard of 6 ft. , and an existing non-conforming set back, instead of the required 1200 sq. ft. (110 sq. m) gross floor area with a front yard of 50 ft. (15 m) , 20 ft. (6 m) side yard and 100 ft. (30 m) set back. Mr. Stevens and Mr. Brown 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 Mr. Muir, "THAT as the present dwelling has been in existance for over forty years and has had its original set backs reduced through expropriations, the variances are considered to be minor in nature and permission is GRANTED to create a lot with a frontage of 142 feet and an area of 21 ,470 sq. ft. with an existing 720 sq. ft. single family dwelling, having a front yard of 19.9 feet, side yard of 6 feet and an existing non-conforming set back." "CARRIED" A 51/84 - Robert L. Stevens, Lot 16, Concession 1 ,-Darlington. Application was made for relief from zoning by-law requirements in order to permit the applicant to create a lot with an area of 25,900 sq. ft. , instead of the required 37,500 sq. ft. (3483.5 sq. m) area, with an existing single family dwelling having a front yard of 10.5 ft. and an existing non-conforming set back, instead of the required 50 ft. (15 m) front yard and a set back of 100 ft. (30 m) , and an existing pool having a front yard of 4.7 ft. and a non-conforming set back, instead of the required 50 ft. front yard and 100 ft. set back. Mr. Stevens and Mr. Brown appeared in support of this application. No other person appeared in support of or in opposition to this application. Moved by Mr. Rehder, seconded by Mr. Reicheld, "THAT as the present dwelling has been in existance for over forty years and has had its original set backs reduced through expropriations, the variances are considered minor in nature and this application is GRANTED." TIE VOTE - MOTION LOST - THEREFORE DENIED. Committee of Adjustment Meeting, June 27, 1984. . . . . . . A 52/84 - Roman Catholic Episcopal Corp. , Lot 27, Conc.'.-. 2 Newcastle Village Application was made for relief from zoning by-law requirements in order to permit the applicant to create a lot with a frontage of 30 ft. (9m) and an area of 1 .4 ha, instead of the required 75 m frontage and an area of 2 ha. Mr. Corkery appeared in support of this application. No other person appeared in support of or in opposition to this application. Moved by Mr. Muir, seconded by Mr. Rehder, "THAT as the requested variance would appear to comply with the intent of the Newcastle Village Official Plan and the Durham Regional Official Plan and the Zoning By-law, permission is GRANTED to create a lot with a frontage of 9.1 m and an area of 1 .4 ha with an existing portable having a 1 .0 m side yard, on condition the portable be removed upon completion of the proposed school " 'Reicheld Opposed' "CARRIED" A 53/84 - Roman Catholic EpiscQpal Corp. , Lot 27, Conc. 2. Ne ^?.stle Village. Application was made for relief from zoning by-law requirements in order to permit the applicant to create a lot with a frontage of 217.5 ft. (66.2 m) and an area of.6 ha, instead of the required 75 m frontage and area of 2 ha, with existing portables having 0 side and rear yards, instead of the required 10 m side yard and 20 m rear yard. Mr. Corkery appeared in support of this application. No other person appeared in support of or in opposition to this application. Moved by Mr. Muir, seconded by Mr. Rehder, "THAT as this variance appears to conform with the intent of the Official Plan and Zoning By-law the applicant is GRANTED permission to create a lot with a frontage of 66.2 m and an area of :6 ha, with five existing portables having 0 side and rear yards, on condition the portables be removed upon completion of the proposed school ." 'Reicheld opposed' "CARRIED" Committee of ,Adjustment Meeting, June 27, 1984. . . . . OTHER BUSINESS: Moved by Mrs. Payne, seconded by Mr. Muir, "THAT the minutes of the last meeting be approved as circulated. " "CARRIED" Appeal date for the foregoing applications is July 27, 1984. Next Meeting of the Committee of Adjustment is July 18, 1984. Meeting Adjourned at 11 :40 p.m.