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HomeMy WebLinkAboutPD-120-85 [File No. . %:' ,, J 4 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 3, 1985 REPORT NO. : PD-120-85 SUBJECT: SUMMARY OF COMMITTEE OF ADJUSTMENT APPLICATIONS FOR MEETING OF AUGUST 7, 1985 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-120-85 and the minutes of the Committee of Adjustment meeting of August 7, 1985 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 August 7, 1985. 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. spectJfuv= s bl�ii tted, �A T.T. Edwards, M.C.I.P. Director of Planning CC*TTE*jip *Attach. Aurnict 111 1 okf; MONITORING OF COMMITTEE OF ADJUSTMENT DECISIONS AUGUST 7, 1985 C. OF A. C. OF A.I FILE N0. APPLICANT LOCATION NATURE OF APPLICATION STAFF COMMENTS DECISION A 24/34 Madeleine Sohy L. 35, C. 3, Residential accessory building Granted, conditional upon re- Granted Darlington In excess of required area. moval of existing accessory --- I --- buildings. A 25/85 iMary Gibson L.11, C. 1, Residential - creation, Approval Granted I I BOWMANVILLE I rear yard I I I I I I A 26/85 Robert L. Stevens I L 16, C. 1, I Residential - creation, I I GRANTED DARLINGTON lot area i ( I t A 27/85 Daniel Lambert L. 16, C. 1, Residential accessory building, Approval, conditional upon re- DARLINGTON I in excess of required area. I moval of existing frame garage. GRANTED A 23/85 John E. Syer L. 12, C. 2 Residential accessory building, Approval, conditional upon ! I I ! BOWMANVILLE ! in excess of required area. I demolition of existing accessor� GRANTED buildings. A 29185 Frederick R. Curd Jr. L. 32, C. 7, Residential accessory building Approval, conditional upon GRANTED ! I I Clarke ! in excess of required area. ( satisfaction building is secondary to main use. A 30/85 Dale Ibbotson L. 9, C. 4, Residential attached garage, I Approval GRANTED ! ! Deborah Ibbotson ! Clarke ! Expand a legal non-conforming dwelling in E. P. Zone ( I I A 31/85 Peter Kowal Jr. L. 11, C. 1, Residential construction ! Approval GRANTED Bowmanville I rear yard A 32/85 Michael Schuster L. 32, C. 3 Residential construction I I I I Approval, conditional upon GRANTED Darlington side yard I i I revised grading plan being ----- --- I approved. ! A 33/85 Joseph Schwarz L.12, C. 1 Reconstruct legal non-conforming dwelling, Approval, conditional upon GRANTED Carl Schwarz Bowmanville E. P. Zone a C1 pproval of C.L.O.C.A. r� TOWN OF NEWCASTLE COMMITTEE OF ADJUSTMENT August 7, 1985 7:30 P.M. Court Room # 2, Police Building, Bowmanville PRESENT: Chairman T. F. Rehder Member Jean Payne Member Arnold Reicheld Member H. C. Muir Secretary Carrol Clemens Planning Director Terry Edwards ABSENT: Member J . P. Murdoch APPLICATIONS: A 24/85 - Madeleine Sohy, Lot 35, Concession 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 and a 240 sq. ft. greenhouse which would exceed the maximum requirement of not more than 40% of the main building total floor area. Mr. and Mrs. Sohy 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. Reicheld, "THAT as the proposed construction 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 properties, the variance is considered minor and permission is GRANTED to construct a .750 sq. ft. accessory building and a 240 sq. ft. greenhouse, on condition all existing accessory buildings are demolished. " "CARRIED" Committee of Adjustment Meeting, August 7, 1985. . . . . . TO A 25/85 - Mary Gibson, 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 existing dwelling having a rear yard of 3 m, instead of the required 7.5 m. David Gibson appeared in support of this application. No other person appeared in support of or in opposition to this .applciation. Moved by Mr. Rehder, seconded by Mr. Muir, "THAI as the proposed variance does not appear to offend the intent of the Official Plan or Zoning By-law, permission is GRANTED to create a lot with an existing dwelling having a rear yard of 3 m. This approval is conditional upon the existing accessory building being removed and off-street parking being provided on both lots. " "CARRIED" A 26/85 - 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. (2406 sq m) , instead of the required 3000 sq m. Mr. Stevens 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 proposed variance to create this lot for disposal of surplus farm dwelling unit does not offend the intent of the Official Plan or Zoning By-law and would not have a detrimental effect on tha surrounding neighbourhood, therefore the variance could be considered minor and variance is GRANTED to create a lot with an area of 25,900 sq. ft. " "CARRIED" "Payne Withdrew" "Muir Against" Committee of Adjustment Meeting, August 7, 1985. . . . . . . A 33/85 - Joe and Carl Schwarz, Lot 12, Concession 1 , Bowmanville. Application was made for relief from zoning by-law requirements in order to permit the applicant to re-construct a non-complying dwelling in an Environmental Protection Zone that was destroyed by fire and to alter the foundation size to 888 sq. ft. Carl Schwarz appeared in support of this application. Mr. Walsh and Mr. Olmstead appeared in opposition to this application. Several other persons appeared with interest in this application. Moved by Mrs. Payne, seconded by Mr. Muir, "THAT as the requested variance would not offend the intent of the Official Plan or Zoning By-law or have a detrimental effect on the surrounding properties, permission is GRANTED to re-construct a dwelling, destroyed by fire, altering the foundation size to be 24 ft. by 37 ft. This approval is conditional upon approval of C.L.O.C.A. The south wall and a portion of the east wall are to remain and be re- stored to a safe condition. " "CARRIED" OTHER BUSINESS: Moved by Mrs. Payne, seconded by Mr. Rehder, "THAT the minutes of the last meeting be approved as circulated. " "CARRIED" Appeal date for the foregoing applications is September 6, 1985. Next meeting of the Committee of Adjustment is September 4, 1985. Meeting adjourned at 11 :00 p.m. IU (�� Committee of Adjustment Meeting, August 7, 1985. . . . . A 27/85 - Daniel Lambert, Lot 16, Concession 1 , Darlington . Application was made for relief from zoning by-law requirements in order to permit the applicant to construct a 1050 sq. ft. accessory building which would exceed the maximum requirement of not more than 40% of the main building total floor area. Mr. Lambert appeared in supprot 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 variance does not offend the intent of the Official Plan or Zoning By-law and would not appear to have a detrimental effect on surrounding properties, permission is GRANTED to construct a 1050 sq. ft. accessory building. This variance is conditional upon the removal of the existing frame garage. " "CARRIED" A 28/85 - John E. Syer, Lot 12, Concession 2, Bowmanville. Application was made for relief from zoning by-law requirements in order to permit the applicant to construct a 576 sq, ft. accessory building which would exceed the maximum requirement of not more than 40% of the main building total floor area. Mr. Syer 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 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 surrounding properties, the application is considered minor in nature and permission is GRANTED to construct an additional 576 sq. ft. accessory building. " "CARRIED" 0l�) Committee of Adjustment Meeting, August 7, 1985. . . . . . A 29/85 - Frederick R. Curd Jr. , Lot 32, Concession 7, Clarke. Application was made for relief from zoning by-law requirements in order to permit the applicant to construct a 392 sq. ft. addition to the existing accessory building which would thus exceed the maximum re- quirement of not more than 40% of the main building total floor area. Mr. Hajnik appeared in support of this application. No other person appeared in support of or in opposition tb this application. Moved by Mr. Rehder, seconded by Mrs. Payne, "THAT as the variance does not appear to offend the intent of the Official Plan or Zoning By-law or have an adverse effect on the surrounding properties and due to the fact that the main building does not have a full basement the larger accessory building is required and is therefore considered minor, per- mission is GRANTED to construct a 392 sq. ft. addition tb the existing accessory building. " "CARRIED" A 30/85 - Dale and Deborah Ibbotson, Lot 9, Concession 4, Clarke Application was made for relief from zoning by-law requirements in order to permit the applicant to construct an attached garage to the existing single family dwelling located in an Environmental Protection Zone. Mr. & Mrs. Ibbotson appeared in support of this application. No other person appeared in support of or in opposition to this application. Moved by Mr. Reicheld, seconded by Mr. Muir, "THAT as the proposed construction would not appear to offend the intent of the Official Plan or Zoning By-law or have an adverse effect on the surrounding neighbourhood, permission is GRANTED to construct an attached garage in this E. P. Zone. This approval is conditional upon Ganaraska Conservation Authority approval . " "CARRIED" Committee of Adjustment Meeting, August 7, 1985. . . . . . 1U_co A 31/85 - Peter Kowa] Jr. , Lot 11 , Concession 1 , Bowmanville. Application was made for relief from zoning by-law requirements in order to permit the applicant to construct a single family dwelling leaving a rear yard of 22.25 ft. (6. 7 m) , instead of the required 7.5 m (22.4 ft.) rear yard. Barry Jones appeared in support of this application. John Hogarth and Mr. and Mrs. J. McCaffery appeared in opposition to this application. No other person appeared in support of or in opposition to this application. Moved by Mr. Reicheld, seconded by Mr. Rehder, "THAT due to the fact this is an existing lot of record and this variance would not appear to have an adverse effect on the surrounding properties, and as the variance does not appear to offend the intent of the Zoning By-law or Official Plan, per- mission is GRANTED to construct a single family dwelling leaving a rear yard of 22.25 ft. (6. 7m)" "CARRIED" A 32/85 -Michael Schuster, Lot 32, Concession 3, Darlin ton. Application was made for relief from zoning by-law requirements in order to permit the applicant to continue the construction of a single family dwelling having a side yard of 2.21 ft. ( .67m) , instead of the required 1.2 in side yard. Mr. Schuster 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 this variance would not appear to have a detrimental effect on the surrounding properties and due to the shape of the lot and the location on the outside curve in the street could be con- sidered minor, permission is GRANTED to continue construction, leaving a .67 m side yard. This approval is conditional upon revised grading plans being submitted to the satisfaction of the Town of Newcastle Works Department. " "CARRIED"