The URL can be used to link to this page

Home My WebLink AboutPD-056-01 . DN,P056-01 THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON REPORT Meeting: General Purpose and Administration Committee File # 7)1 j(V (SIll ? f/-rJ / Date: Monday, June 4, 2001 Res. # I? -) Report #: PD-056-0l File #: A2001l005, A2001l024, A2002/026, A2001/028, A2001l030 & A2001l031 By-law # Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 24, 2001 FILE NOS.: A2001l00S, A2001l024, A2001l026, A2001l028, A2001l030 & A2001l031 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-056-0l be received; and 2. THAT Council concur with decisions ofthe Committee of Adjustment made on May 24, 2001 for applications A200l/005, A2001l024, A2001l026, A2001l028, A2001l030 & A200l/03l, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 1. All applications received by the Municipality for minor variance are scheduled to be heard within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance applications and the Committee's decisions are detailed in Attachment 1. The decision of the Committee are detailed below: DECISION OF COMMITTEE OF ADJUSTMENT FOR MAY 24, 2001 Application Nnmber Staff Recommendation Decision of Committee A2001l005 Approve Approved A2001l024 Approve Approved with modifications A2001l026 Approve Approved A2001l028 Approve Approved A200l/030 Approve Approved with modifications A2001l031 Approve Approved " - - 621 , REPORT PD-OS6-01 PAGE 2 2. Application A2001l024 was approved by the Committee of Adjustment, reducing the required 1.2 metre rear yard setback to 0.61 metres and the required side yard setback to 0.9 metres for an accessory building (shed). The shed, constructed by the applicant in the fall of 2000, has a 0.61 metre rear yard setback and a 0.15 metre side yard setback. The applicant was seeking to have the existing setbacks recognized. The staff report recommended the applicant be given sixty (60) days to move the accessory building to a 0.9 metre setback. Given the length of time the accessory building (shed) has been there the Committee approved a thirty (30) day timeframe for the applicant to move the shed in accordance with the minor variance decision. Staff has no objection to this decision as it is in keeping with Staffs recommendation to move the shed as expeditiously as possible. 3. Application A2001l030 received approval from the Committee of Adjustment for a maximum area for all accessory buildings of 65% of the minimum floor area requirement of the zone. The application was for an accessory building 162% of the minimum floor area requirement of the zone. The staff report recommended an increase to 55%. The applicant explained to Committee that he had already bought the building, although not constructed it yet, and that he required this size of storage building for his personal vehicles and equipment. He also explained to Committee that he has no intention of using the accessory building for commercial purposes. Based on the above information Committee felt that an increase from 40% to 65% was minor in nature. 4. Application A2001l027 was withdrawn by the applicant, prior to the meeting, as discussion with Staff and the applicant showed that with a small adjustment in the applicant's proposed location for an in-ground pool a minor variance would not be required. 5. Application A2001l029 was withdrawn by the applicant, prior to the meeting, as further review by Staff indicated the variance for a second riding arena at an existing riding and boarding stable was not required. 622 REPORT PD-OS6-01 PAGE 3 6. Staff has reviewed the Committee's decisions and is satisfied that the applications that received approval are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. 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 an appeal of any decision of the Committee of Adjustment. Respectfully submitted, Reviewed by, ()~~ Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer Da J rome, M.C.I.P., R.P.P. Director of Planning and Development SA *DJC*sn 28 May 2001 Attachment I - Committee of Adjustment Periodic Reports 623 ATTACHMENT 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A01jOOS ******************** APPLICANT: ROTH, W. E. AGENT: D. G. BIDDLE & ASSOCIATES LIMITED PROPERTY DESCRIPTION SOUTH SERVICE ROAD PART LOT: 16 CONCESSION: BF TOWNSHIP: DARLINGTON PLAN NUMBER: ZONING: (H)M1 & Ml-6 HEARING DATE: 24-May-01 DECISION: APPROVED APPEAL DATE: 13-Jun-01 MINOR VARIANCE: TO PERMIT DEVELOPMENT OF IND. BLDGS WITH 0 M SETBACKS INSTEAD OF THE MIN. REQUIRED 7.S M FRONT YARD, 3 M INTERIOR SIDE YARD & 7.S M REAR YARD SETBACKS. THE PROPOSED BLDGS WILL STRADDLE THE ZONE BOUNDARY. REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AS IT IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. 624 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A01/024 ******************** APPLICANT: MURRAY, KIRK AGENT: PROPERTY DESCRIPTION 6 ROWLAND CRT PART LOT: 32 CONCESSION: 3 TOWNSHIP: DARLINGTON PLAN NUMBER: 40M-1893 - ZONING: R1 HEARING DATE: 24-May-01 DECISION: APPROVED APPEAL DATE: 13-Jun-01 MINOR VARIANCE: TO RECOGNIZE AN EXISTING ACCESSORY BUILDING WITH A REAR YARD SETBACK OF 0.45 M (1.5 FT) INSTEAD OF THE REQUIRED 1.2 M (3.94 FT), AND A SIDE YARD SETBACK OF 0.15 M (0.5 FT) INSTEAD OF THE REQUIRED 1.2 METRES. REASON FOR DECISION: THAT THE APPLICATION BE APPROVED WITH A REAR YARD SETBACK OF 0.61 M AND A SIDE YARD SETBACK OF 0.9 M AS IT IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR PROVIDED THAT THE SHED BE MOVED WITHIN THIRTY DAYS. 625 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A01/026 ******************** APPLICANT: OSTLER, KEN AGENT: PROPERTY DESCRIPTION 25 WHITE CLIFFE DR. PART LOT: 33 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: 10M-797 -51 ZONING: R1 HEARING DATE: 24-May-01 DECISION: APPROVED APPEAL DATE: 13-Jun-01 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (SHED) BY REDUCING THE REAR YARD AND SIDE YARD SETBACKS FROM THE REQUIRED 1.2 METRES (3.94 FT) TO 0.4 METRES (1.5 FT) TO THE EAVES OF THE PROPOSED SHED. REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AS IT IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND DESIRABLE. ~2~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A01/028 ******************** APPLICANT: HOSKING, KEN AGENT: PROPERTY DESCRIPTION 51 CENTERFIELD DRIVE PART LOT: 34 CONCESSION: 3 TOWNSHIP: DARLINGTON PLAN NUMBER: 10M-757 -81 ZONING: R1 HEARING DATE: 24-May-01 DECISION: APPROVED APPEAL DATE: 13-Jun-01 MINOR VARIANCE: TO REDUCE THE REQUIRED EXTERIOR SIDE YARD FROM 6 M (19.7 FT) TO 4 M (13.1 FT) AND TO REDUCE THE DEFINED REAR YARD SETBACK FROM THE REQUIRED 7.5 M (24.6 FT) TO 1.7 M (5.6 FT) TO PERMIT THE CONSTRUCTION OF A CARPORT. REASON FOR DECISION: THAT THE APPLICATION BE APPROVED WITH A 5.7 M EXTERIOR SIDE YARD SETBACK AND A 1.7 M REAR YARD SETBACK AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. 627 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A01j030 ******************** APPLICANT: DALLEY, CRAIG AGENT: PROPERTY DESCRIPTION 4540 FICES ROAD PART LOT: 35 CONCESSION: 4 TOWNSHIP: DARLINGTON PLAN NUMBER: ZONING: A HEARING DATE: 24-May-01 DECISION: APPROVED APPEAL DATE: 13-Jun-01 MINOR VARIANCE: TO PERMIT CONSTRUCTION OF AN ACCESSORY BLDG THAT WILL INCREASE TOTAL LOT COVERAGE BY ACC. BLDGS FROM MAX OF 40% TO 162% OF MIN. FLOOR AREA. FLOOR AREA WILL BE 178.4 M2 (1920 FT). ALSO, TO INCREASE MAX PERMTTED HEIGHT FROM 5 M (16.4 FT) TO 5.8 M (19.0 FT) . REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AT 65% OF THE MINIMUM FLOOR AREA REQUIREMENT OF THE ZONE AND A MAXIMUM HEIGHT OF 5.8 M AS IT IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. A?8 . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A01/031 ******************** APPLICANT: MACINNES, DARREN AGENT: PROPERTY DESCRIPTION 2911 TRULLS ROAD PART LOT: 30 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: ZONING: R1 HEARING DATE: 24-May-01 DECISION: APPROVED APPEAL DATE: 13-Jun-01 MINOR VARIANCE: TO REDUCE THE REQUIRED SIDE YARD SETBACK FROM 1.2 M (4FT) TO 0.6 M (2 FT) TO PERMIT THE CONSTRUCTION OF AN ATTACHED GARAGE. REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. 629