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Home My WebLink AboutPD-112-00 , ~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # 1)/3C() Res. #0PPr-LfB-oo Date: Monday, December II, 2000 Report #: PD-112-00 FILE #: A20001029, A20001036, A20001042 TO A200010530 By-law # , NOVEMBER 2, 2000 FILE NO'S.: A2000/029, A2000/036, A2000/042 TO A2000/053, INCLUSIVE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-112-00 be received; and 2. THAT Council concur with the decisions of the Committee of Adjustment made on October 5, October 19 and November 2, 2000 for applications 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 No.1. Staffs recommendation and the decisions of the Committee are detailed on Table 1 below. TABLE 1 DECISIONS OF COMMITTEE OF ADJUSTMENT APPLICATION # I STAFF RECOMMENDATION I COMMITTEE DECISION October 5, 2000 A20001029 Approve in part, Deny in part Approved in part, Denied in part A20001036 Approve Approved A20001042 Approve Approved A20001043 Deny Denied A20001044 Approve Approved - 630 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF OCTOBER 5 OCTOBER 19 AND . REPORT NO.: PD-112-00 PAGE 2 TABLE 1 DECISIONS OF COMMITTEE OF ADJUSTMENT APPLICATION # I STAFF RECOMMENDATION I COMMITTEE DECISION October 19, 2000 A2000/045 Table Tabled A20001046 Approve Approved A20001047 Table Tabled A20001048 Table Tabled A2000/049 Table Tabled A2000/050 Table Tabled A20001051 Approve Approved November 2, 2000 A2000/045 Deny Denied A2000/052 Approve Approved A20001053 Approve Approved 2. Staff have reviewed the Committee's decisions and are satisfied that the applications which received approval are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and those approved are minor in nature and desirable. 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. Reviewed by, ome, M.C.I.P., R.P.P. of Planning & Development Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer SA*DJC*cc November 29,2000 Attach. 631 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOOj029 ******************** APPLICANT: VISSER, SIDNEY& HEATHER AGENT: PROPERTY DESCRIPTION 29 STRATHALLEN DRIVE PART LOT: 31 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: 10M-792 -61 ZONING: R3-5 HEARING DATE: 5-0ct-00 APPEAL DATE: 25-0ct-00 DECISION: APPROVED Deck, Shed & Pool DENIED Fence in sight triangle MINOR VARIANCE: TO RECOGNIZE AN EXISTING SHED'S REAR YD OF 0.3 M & SIDE YD OF 0.27 M, AN EXISTING POOL WITH REAR YD OF 1.02 M & EXTERIOR SIDE YD OF 1.9 M, AN EXISTING DECK WITH REAR YD OF 4.72 M & SIDE YD OF 0 M & AN EXISTING POOL FENCE WITH A 0 M SIGHT TRIANGLE. REASON FOR DECISION: THAT THE EXISTING SHED, POOL AND DECK BE APPROVED AS THEY ARE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND DEEMED MINOR AND DESIRABLE, AND THE FENCE BE DENIED AS IT IS NOT MINOR OR DESIRABLE. 632 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOOj036 ******************** APPLICANT: JEFFREY HOMES AGENT: PROPERTY DESCRIPTION 101 FIELDCREST AVENUE PART LOT: 29 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: 40M-2000 -15 ZONING: R1 HEARING DATE: 5-0ct-00 DECISION: APPROVED APPEAL DATE: 25-0ct-00 MINOR VARIANCE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM THE REQUIRED 6 M TO 5.2 M (17.1 FT), TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING. REASON FOR DECISION: THAT THE EXTERIOR SIDE YARD SETBACK BE REDUCED TO 5.5 METRES, AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. 633 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOOj042 ******************** APPLICANT: PATE, GREG AGENT: PROPERTY DESCRIPTION 16 WASHINGTON STREET PART LOT: 18 CONCESSION: 5 TOWNSHIP: DARLINGTON PLAN NUMBER: ZONING: RH HEARING DATE: 5-0ct-00 DECISION: APPROVED APPEAL DATE: 25-0ct-00 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF ADDITION TO EXISTING DWELLING REDUCING THE EXTERIOR SIDE YD SETBACK FROM 6 M (19.7 FT) TO 4.3 M (14 FT) & TO CONSTRUCT A NEW DETACHED GARAGE WITH A FRONT YD SETBACK OF 1.8 M (6 FT), INSTEAD OF 6 M. REASON FOR DECISION: THAT APPROVAL BE GIVEN TO REDUCE THE EXTERIOR SIDE YARD TO 4.3 METRES AND FRONT YARD TO 1.8 METRES, AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. 634 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOOj043 ******************** APPLICANT: DENNIS, DON & CONNIE AGENT: M. TOPOLIE PROPERTY DESCRIPTION 95 EAST BEACH ROAD PART LOT: 8 CONCESSION: BF TOWNSHIP: BOWMANVILLE PLAN NUMBER: ZONING: RS-2 & EP HEARING DATE: 5-0ct-00 DECISION: DENIED APPEAL DATE: 25-0ct-00 MINOR VARIANCE: TO PERMIT THE RECONSTRUCTION OF A LEGAL NON-CONFORMING ACCESSORY BUILDING ON THE EXISTING FOUNDATION, MAINTAINING A FRONT YARD SETBACK OF 0.09 M (0.3 FT), INSTEAD OF THE REQUIRED 8 METRES (26.2 FT) . REASON FOR DECISION: THAT THE APPLICATION BE DENIED AS IT IS NOT IN CONFORMITY WITH CENTRAL LAKE ONTARIO CONSERVATION AND IS NOT DEEMED MINOR OR DESIRABLE. 635 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOOj044 ******************** APPLICANT: WILSON, THOMAS AGENT: PROPERTY DESCRIPTION 7506 LESKARD ROAD PART LOT: 32 CONCESSION: 7 TOWNSHIP: CLARKE PLAN NUMBER: ZONING: RH & EP HEARING DATE: 5-0ct-00 DECISION: APPROVED APPEAL DATE: 25-0ct-00 MINOR VARIANCE: TO RECOGNIZE AN EXISTING DECK WITH A 0 METRE SOUTHERLY SIDE YARD SETBACK. REASON FOR DECISION: THAT THE SOUTHERLY INTERIOR SIDE YARD BE REDUCED TO 0 METRES FOR THE EXISTING DECK AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. 636 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOOj045 ******************** APPLICANT: ST. STEPHENS ESTATES INC. AGENT: LEGENDS CONSULTING PROPERTY DESCRIPTION 2 SPRUCEWOOD CRESCENT PART LOT: 8 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 40M-1977 -95 ZONING: R2 HEARING DATE: 19-0ct-00 DECISION: TABLED APPEAL DATE: 8-Nov-00 MINOR VARIANCE: TO PERMIT A SINGLE DETACHED DWELLING WITH AN EXTERIOR SIDE YARD SETBACK OF 4.5 METRES (14.76 FT), INSTEAD OF THE REQUIRED 6 METRES (19.68 FT) SETBACK REASON FOR DECISION: THAT THE APPLICATION BE TABLED TO THE NOVEMBER 2, 2000 MEETING, TO ALLOW FOR DISCUSSION WITH STAFF. 637 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOO/046 ******************** APPLICANT: TOMINA, GERTRUD AGENT: PROPERTY DESCRIPTION 2735 HANCOCK ROAD PART LOT: 26 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: ZONING: A-54 HEARING DATE: 19-0ct-00 DECISION: APPROVED APPEAL DATE: 8-Nov-00 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING WITH A FLOOR AREA OF 193.2 SQ M (2080 SQ FT) TO REPLACE TWO EXISTING LEGAL NON- COMPLYING ACCESSORY BUILDINGS HAVING A TOTAL FLOOR AREA OF 193.2 SQ M (2080 SQ FT) . REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AT 193.2 SQ M, AS IT IS IN CONFORMITY WITH THE 0 P & ZONING B-L & IS DEEMED MINOR & DESIRABLE, SUBJECT TO APPLICANT DEMOLISHING/REMOVING EXISTING BUILDINGS WITHIN 6 MONTHS OF ISSUE OF PERMIT FOR NEW BUILDING. 638 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOO/047 ******************** APPLICANT: ORCHARD PARK ESTATES (BOWMANVILLE) INC. AGENT: PROPERTY DESCRIPTION SWINDELLS STREET PART LOT: 10 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: -60 ZONING: (H) R1 HEARING DATE: 19-0ct-00 DECISION: TABLED APPEAL DATE: 8-Nov-00 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF A DWELLING WITH AN EXTERIOR SIDE YARD SETBACK OF 4.55 M (14.93 FT), INSTEAD OF THE REQUIRED 6 M (19.69 FT) EXTERIOR SIDE YARD SETBACK. REASON FOR DECISION: THAT THE APPLICATION BE TABLED FOR A PERIOD OF 3 MONTHS TO ALLOW THE APPLICANT TIME TO DEMONSTRATE THAT THE PROPOSED DWELLING CAN COMPLY WITH THE ZONING BY-LAW AND GRADING AND DRAINAGE CAN BE DESIGNED TO THE SATISFACTION OF THE DIRECTOR OF PUBLIC WORKS. 639 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOO/048 ******************** APPLICANT: ORCHARD PARK ESTATES (BOWMANVILLE) INC. AGENT: PROPERTY DESCRIPTION SCOTTSDALE DR. PART LOT: 10 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: -72 ZONING: (H) R1 HEARING DATE: 19-0ct-00 DECISION: TABLED APPEAL DATE: 8-Nov-00 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF A DWELLING WITH AN EXTERIOR SIDE YARD SETBACK OF 4.55 M (14.93 FT), INSTEAD OF THE REQUIRED 6 M (19.69 FT) EXTERIOR SIDE YARD SETBACK. REASON FOR DECISION: THAT THE APPLICATION BE TABLED FOR A PERIOD OF 3 MONTHS TO ALLOW THE APPLICANT TIME TO DEMONSTRATE THAT THE PROPOSED DWELLING CAN COMPLY WITH THE ZONING BY-LAW AND GRADING AND DRAINAGE CAN BE DESIGNED TO THE SATISFACTION OF THE DIRECTOR OF PUBLIC WORKS. 640 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOO/049 ******************** APPLICANT: ORCHARD PARK ESTATES (BOWMANVILLE) INC. AGENT: PROPERTY DESCRIPTION BARLOW COURT PART LOT: 10 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: -82 ZONING: (H) R1 HEARING DATE: 19-0ct-00 DECISION: TABLED APPEAL DATE: 8-Nov-00 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF A DWELLING WITH AN EXTERIOR SIDE YARD SETBACK OF 4.55 M (14.93 FT), INSTEAD OF THE REQUIRED 6 M (19.69 FT) EXTERIOR SIDE YARD SETBACK. REASON FOR DECISION: THAT THE APPLICATION BE TABLED FOR A PERIOD OF 3 MONTHS TO ALLOW THE APPLICANT TIME TO DEMONSTRATE THAT THE PROPOSED DWELLING CAN COMPLY WITH THE ZONING BY-LAW AND GRADING AND DRAINAGE CAN BE DESIGNED TO THE SATISFACTION OF THE DIRECTOR OF PUBLIC WORKS. 641 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOO/050 ******************** APPLICANT: ORCHARD PARK ESTATES (BOWMANVILLE) INC. AGENT: PROPERTY DESCRIPTION SWINDELLS STREET PART LOT: 10 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: -70 ZONING: (H) R1 HEARING DATE: 19-0ct-00 DECISION: TABLED APPEAL DATE: 8-Nov-00 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF A DWELLING SETBACK 2.78 M (9.12 FT) FROM AN ENVIRONMENTAL PROTECTION ZONE, INSTEAD OF THE MINIMUM REQUIRED 3 M (9.84 FT) SETBACK. REASON FOR DECISION: THAT THE APPLICATION BE TABLED FOR A PERIOD OF 3 MONTHS TO ALLOW THE APPLICANT TIME TO DEMONSTRATE THAT THE PROPOSED DWELLING CAN COMPLY WITH THE ZONING BY-LAW AND GRADING AND DRAINAGE CAN BE DESIGNED TO THE SATISFACTION OF THE DIRECTOR OF PUBLIC WORKS. 642 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOO/051 ******************** APPLICANT: RICE, JOHN & JANET AGENT: G. GRIFFITHS & ASSOCIATES PROPERTY DESCRIPTION 4 ST. GEORGE STREET PART LOT: 10 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: ZONING: C1 HEARING DATE: 19-0ct-00 DECISION: APPROVED APPEAL DATE: 8-Nov-00 MINOR VARIANCE: TO PERMIT THE REALIGNMENT OF A PROPERTY BOUNDARY CREATING A REAR YARD SETBACK TO AN EXISTING COMMERCIAL BUILDING OF 0.52 M (1.7 FT) INSTEAD OF THE MINIMUM REQUIRED 5 M (16.4 FT) REAR YARD. REASON FOR DECISION: THAT THE APPLICATION BE APPROVED TO REDUCE THE REAR YARD SETBACK TO 0.93 METRES AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR IN NATURE. 643 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOO/045 ******************** APPLICANT: ST. STEPHENS ESTATES INC. AGENT: LEGENDS CONSULTING PROPERTY DESCRIPTION 2 SPRUCEWOOD CRESCENT PART LOT: 8 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 40M-1977 -95 ZONING: R2 HEARING DATE: 2-Nov-00 APPEAL DATE: 22-Nov-00 DECISION: DENIED MINOR VARIANCE: TO PERMIT A SINGLE DETACHED DWELLING WITH AN EXTERIOR SIDE YARD SETBACK OF 4.5 METRES (14.76 FT), INSTEAD OF THE REQUIRED 6 METRES (19.68 FT) SETBACK REASON FOR DECISION: THAT THE APPLICATION BE DENIED AS IT IS NOT IN KEEPING WITH THE NEIGHBOURHOOD 644 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOO/052 ******************** APPLICANT: BABIKIAN, PETER & SYLVIA AGENT: PROPERTY DESCRIPTION 56 GEORGE REYNOLDS DRIVE PART LOT: 32 CONCESSION: 3 TOWNSHIP: DARLINGTON PLAN NUMBER: 10M-826 -214 ZONING: R2-4 HEARING DATE: 2-Nov-00 APPEAL DATE: 22-Nov-00 DECISION: APPROVED MINOR VARIANCE: TO RECOGNIZE THE CONVERSION OF A GARAGE TO LIVING SPACE BY REDUCING THE INTERIOR SIDE YARD SETBACK FOR A DWELLING WITHOUT AN ATTACHED GARAGE FROM 4.5 METRES TO 1.2 METRES REASON FOR DECISION: THAT THE APPLICATION BE APPROVED, SUBJECT TO THE APPLICANT APPLYING FOR A BUILDING PERMIT WITHIN 60 DAYS, AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR IN NATURE. 645 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOO/053 ******************** APPLICANT: VARGAS, ADRIAN AGENT: PROPERTY DESCRIPTION 11 ALDERBROOK DRIVE PART LOT: 31 CONCESSION: 3 TOWNSHIP: DARLINGTON PLAN NUMBER: 10M-783 -78 ZONING: R2 HEARING DATE: 2-Nov-00 APPEAL DATE: 22-Nov-00 DECISION: APPROVED MINOR VARIANCE: TO RECOGNIZE AN EXISTING DWELLING WITH A FRONT YARD SETBACK OF 5.67 METRES (18.6 FT) INSTEAD OF THE MINIMUM REQUIRED 6M ((19.68 FT) SETBACK 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 IN NATURE. 646