The URL can be used to link to this page

Home My WebLink AboutPSD-029-01 , '- Cl!Jl-!lJglon REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 22,2001 PI3CO Resolution #:0/1l- 511-0 I Report #:PSD-029-01 File:A2001/047, A2001/049 & By-law #: A2001/050 Subject: MONITORING THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF OCTOBER 4, 2001 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-029-01 be received; and 2. THAT Council concur with decisions of the Committee of Adjustment made on October 4,2001 for applications A2001/047 and A2001/050, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: Dav' Direct . rome, M.C.I.P.,R.P.P. , Planning Services Reviewed bY:O ~ ~ Franklin Wu Chief Administrative Officer SA*DJC*SH October 15, 2001 641 REPORT NO.: PSD.029-01 PAGE 2 1.0 All applications received by the Municipality for minor variance are scheduled for a hearing 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 No.1. The decisions of the Committee are detailed below. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR OCTOBER 4, 2001 APPLICATION STAFF DECISION OF NUMBER RECOMMENDATION COMMITTEE cto er , e e e 2.0 Application 2001/047 was tabled at the Committee of Adjustment meeting held September 20, 2001, as the applicant did not post the Notice of Public Meeting sign. The agent for the applicant explained that they wished to revise the application and so had not posted the sign. The revised application was rescheduled to be on the October 4th, 2001 agenda. Unfortunately the applicant did not receive the sign in sufficient time to post it ten days prior to the meeting, the application was tabled to the October 18, 2001 meeting. 3.0 Application A2001/049 was for a 1440 m2 (15,500 ft2) addition to a legal non- conforming wrecking yard on Concession Rd 3, north of Bowmanville. The application was to construct an addition to an existing garage on the property. Comments were received from Clarington Engineering Services, Building Division that the proposed tent-like structure could not be added to the existing garage under the Ontario Building Code. Either the construction type would need to be changed, or a separate building/tent would need to be constructed. The Municipality of Clarington recommended tabling the application to allow the applicant to consider the Building Division comments, however the Committee felt the application was not minor in nature or desirable for the area, and denied the application. 642 REPORT NO.: PSD-029-D1 PAGE 3 4.0 Although the denial was not consistent with staffs recommendations, it is staffs opinion that it would not be prudent for the Municipality to appeal the application. The applicant or any interested party has the opportunity to file an appeal to the Ontario Municipal Board if they so wish. The Committee of Adjustment has not always concurred with Staffs recommendations. It has not been Council's practice to appeal these decisions, leaving that option with the applicant or an interested party. Should the application be appealed to the Ontario Municipal Board (OM B), Staff will review the appeal and may request Council's authorization to appear before the OMB to ensure the Municipality's best interests are maintained. 5.0 Application A2001/050 was tabled to the October 18, 2001 meeting, as the applicant did not receive the sign in sufficient time to post it ten days prior to the meeting. 6.0 Council's concurrence with the Committee of Adjustment decisions is required in order to afford staffs official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905) 623-3379 F (905)623-0830 643 .- q!l!illglOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: MJM DRAFTING & DESIGN CHIUSOLO, JOHN 3110 MORGANS RD." CLARKE PART LOT 17, CONCESSION 3 FORMER TOWN(SHIP) OF CLARKE A2001/047 PURPOSE: TO RECOGNIZE TWO EXISTING ACCESSORY BLDGS THAT INCREASE TOTAL LOT COVERAGE BY ACCESSORY BLDGS FROM THE MAX OF 40% TO 70% OF FLOOR AREA OF DWELLING. TOTAL GROUND FLOOR AREA OF ACCESSORY BLGS. IS 388.8 M2 DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED TO THE NEXT COMMITTEE MEETING ON OCT. 18, 2001, TO ALLOW THE SIGNS TO BE POSTED AS PER THE PLANNING ACT. DATE OF DECISION: October 4, 2001 LAST DAY OF APPEAL: October 24,2001 644 , a. 0 L~~ PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: AFANA, ABRAHAM AFANA, ABRAHAM 2532 CONCESSION RD 3 , BOWMANVILLE PART LOT 13, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON A200 1 /049 FILE NO.: PURPOSE: TO PERMIT THE EXPANSION OF A LEGAL NON-CONFORMING AUTO WRECKERS USE IN THE AGRICULTURAL EXCEPTION (A-1) ZONE BY PERMITTING THE CONSTRUCTION OF A STORAGE BUILDING 1440 SQ M IN AREA. DECISION OF COMMITTEE: THAT AS THE APPLICATION IS NOT MINOR IN NATURE AND IS DETRIMENTAL TO THE NEIGHBOURHOOD, IT BE DENIED. DATE OF DECISION: October 4, 2001 LAST DAY OF APPEAL: October 24,2001 645 " Clfll-!llgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: LYNCH,DARLENE LYNCH, BEN 8724 BEST RD." CLARKE PART LOT 29, CONCESSION 8 FORMER TOWN(SHIP) OF CLARKE A2001/050 FILE NO.: PURPOSE: TO PERMIT THE USE OF AN EXISTING BUILDING FOR AGRICULTURAL PURPOSES BY REDUCING THE REQUIRED REAR YARD SETBACK FOR AN AGRICULTURAL BUILDING FROM 15 M (49.2 FT) TO 9.75 M (32 FT). DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED TO THE NEXT COMMITTEE MEETING ON OCT. 18,2001 TO ALLOW THE SIGNS TO BE POSTED AS PER THE PLANNING ACT. DATE OF DECISION: October 4,2001 LAST DAY OF APPEAL: October 24,2001 646