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Home My WebLink AboutPD-058-00 . DN: PO-05S-DO THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON t" REPORT Meeting: General Purpose and Administration Committee File # UIY'./) Res. #(;/Yfi2>:s-Z)C) Date: Monday, June 5, 2000 PD-58-00 File #: A2000/0 11, A2000/0 17 to A2000/023, Inclusive By-law # Report #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 11, 2000 AND MAY 25, 2000 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-058-00 be received; 2. THAT Council concur with decisions of the Committee of Adjustment made on May 11, 2000 and May 25, 2000 for applications A2000/0II, A2000/015, A2000/017 to A2000/023 inclusive, and 3 . THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for Adjustment for applications, 2000/011, A2000/015, A2000/017 to A2000/23 inclusive, in the event of an appeal. 1.1 In accordance with Section 45 of the Planning Act R.S.O. 1990, 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 decisions of the Committee are detailed below. 1.2 The purpose of these minor variance applications and the Committee's decisions are detailed in Attachment No.1. 1.3 Application A2000/011 was postponed from the previous meeting April 20, 2000 to allow the applicant time to post the sign in accordance with the requirements of the 622 REPORT PD-OS8-00 PAGE 2 Planning Act. The sign was posted on the subject property a minimum often (10) days prior to this meeting. Application AlOOO/OII was APPROVED as applied for. 1.4 Application AlOOO/015 was tabled at the previous meeting April 20, 2000 to allow the applicant time for discussion with the Municipality regarding the location of the proposed driveway, outside the sight triangle formed by the comer of McFeeters Crescent. The applicant was successful in sighting the driveway to the satisfaction of the Planning and Public Works Department and the application was approved. 1.5 Applications AlOOO/017 and AlOOO/018, were APPROVED as applied for, subject to the applicant submitting a draft 40M Plan satisfactory to the Director of Public Works. 1.6 Application AlOOO/019 was APPROVED as applied for. 1.7 Application AlOOO/020 was amended, by the applicant, to include additional items noted by Staff during a site inspection. Only the application as originally filed was heard at this meeting. APPROVAL was given to reduce the exterior side yard setback to 0.61 metres for a swimming pool and to reduce the sight triangle formed by the intersection street lines at Found Court to 0 metres. The amended portion of the application, to reduce the rear yard setback of an existing deck and to reduce the sight triangle formed by the intersection of the neighbour's driveway with Found Court were TABLED to the next Committee meeting, May 25, 2000. This is to allow the application and Staff to meet the sign and circulation requirements of the Planning Act for the additional variances. At the May 25, 2000 Committee meeting the reduction in rear yard setback for the existing deck was APPROVED and the reduction of the sight triangle formed by the intersection of the neighbour's driveway with Found Court was DENIED. Committee 623 REPORT PD-OS8-00 PAGE 3 found that the reduction of the second sight triangle compromised the safety of both vehicular and pedestrian traffic. 1.8 Applications A2000102l and A20001023 were APPROVED as applied for. 1.9 Application A20001022 was APPROVED subject to the applicant, providing on-site water and fIre access routes to the Fire Departments satisfaction and that he receives Health Unit approval prior to the issuance of a building permit. The applicant had applied to permit new agricultural buildings on a lot with an area of 1.78 ha (4.4 ac) instead of the required 2 ha (4.94 ac). This land was recently acquired by the applicant, and has been fanned on a continuous basis since 1979. The applicant is proposing to construct a barn and a greenhouse, with building footprints of 351 m2 and 645 m2, respectively. 1.10 Staff has reviewed the Committee's decisions and is satisfIed that the decisions are in conformity with the Official Plan policies, consistent with the intent of the Zoning By- law and are minor in nature and desirable. 1.11 Council's concurrence with these 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 these decisions of the Committee of Adjustment. Respectfully submitted, Reviewed by, () t'~::.-Ol-v Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer D vi Crome, M.C.I.P., R.P.P. Director of Planning and Development SL *DJC*cd May 26, 2000 Attachment 624 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOO/Oll ******************** APPLICANT: DAVIE, CHRISTOPHER HOWAARD & LORI ANN AGENT: CUREATZ, SAM L. PROPERTY DESCRIPTION 616 CHURCH STREET PART LOT: 28 CONCESSION: 1 TOWNSHIP: NEWCASTLE PLAN NUMBER: ZONING: Rl-l & EP HEARING DATE: ll-May-OO DECISION: APPROVED APPEAL DATE: 3l-May-OO MINOR VARIANCE: TO RECOGNIZE AN EXISTING SINGLE DETACHED DWELLING WITH AN EXTERIOR SIDE YARD SETBACK OF 5.88 METRES (19.3 FT), INSTEAD OF THE REQUIRED 6 METRES (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 MINOR IN NATURE. 625 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOOj015 ******************** APPLICANT: VELTRI AND SON LIMITED AGENT: PROPERTY DESCRIPTION 57 MCFEETERS CRESCENT PART LOT: 08 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 40R-19553-19 ZONING: R1 HEARING DATE: 11-May-00 DECISION: APPROVED APPEAL DATE: 31-May-00 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF A SEMI-DETACHED DWELLING WITH AN EXTERIOR SIDE YARD SETBACK OF 1.8 METRES (5.91 FEET), INSTEAD OF THE MINIMUM 6 METRES (19.7 FEET) REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AS RECOMMENDED AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS MINOR IN NATURE. 626 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOO/017 ******************** APPLICANT: 1138337 ONTARIO INC. AGENT: PROPERTY DESCRIPTION SCHOONER LANE PART LOT: 29 CONCESSION: BF TOWNSHIP: NEWCASTLE PLAN NUMBER: ZONING: Rl-39 HEARING DATE: 11-May-OO DECISION: APPROVED APPEAL DATE: 31-May-OO MINOR VARIANCE: TO REDUCE THE MINIMUM REQUIRED LOT AREA FROM 715 SQUARE METRES (7696 SQUARE FEET) TO 711 SQUARE METRES (7658 SQUARE FEET) TO PERMIT THE CREATION OF A NEW LOT FOR A SET OF SEMI-DETACHED/LINKED DWELLINGS. REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND IS MINOR IN NATURE, SUBJECT TO THE APPLICANT SUBMITTING A DRAFT 40M PLAN SATISFACTORY TO THE DIRECTOR OF PUBLIC WORKS. 627 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOO/018 ******************** APPLICANT: 1138337 ONTARIO INC. AGENT: PROPERTY DESCRIPTION SCHOONER LANE PART LOT: 29 CONCESSION: BF TOWNSHIP: NEWCASTLE PLAN NUMBER: ZONING: Rl-39 HEARING DATE: 11-May-00 DECISION: APPROVED APPEAL DATE: 31-May-00 MINOR VARIANCE: TO REDUCE THE MINIMUM REQUIRED LOT AREA FROM 715 SQUARE METRES (7696 SQUARE FEET) TO 700 SQUARE METRES (7538 SQUARE FEET) TO PERMIT THE CREATION OF A NEW LOT FOR A SET OF SEMI-DETACHED/LINKED DWELLINGS. REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS MINOR IN NATURE, SUBJECT TO THE APPLICANT SUBMITTING A DRAFT 40M PLAN SATISFACTORY TO THE DIRECTOR OF PUBLIC WORKS. 628 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOO/OI9 ******************** APPLICANT: ALLDREAD, GORDON & DIANE AGENT: PROPERTY DESCRIPTION 47 CHURCH STREET PART LOT: 28 CONCESSION: 5 TOWNSHIP: CLARKE PLAN NUMBER: ZONING: RI-2 HEARING DATE: II-May-OO DECISION: APPROVED APPEAL DATE: 31-May-00 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF A 53.51 SQ M (576 SQ. FT.) ACCESSORY BUILDING THAT WILL INCREASE THE TOTAL LOT COVERAGE FOR ACCESSORY BUILDINGS FROM THE MAXIMUM OF 40% TO 46% OF THE TOTAL FLOOR AREA OF THE DWELLING 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. 6"29 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOOj020 ******************** APPLICANT: BERUBE, MARIO EUGENE & SARAH JANE AGENT: PROPERTY DESCRIPTION 243 GLENAEBEY DRIVE PART LOT: 32 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: ZONING: R1 HEARING DATE: 11-May-OO DECISION: APPROVED APPEAL DATE: 31-May-OO MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF AN ABOVE GROUND POOL LEAVING AN EXTERIOR SIDE YARD SETBACK OF 0 M, INSTEAD OF THE REQUIRED 6 M AND TO REDUCE THE REQUIRED SIGHT TRIANGLE FROM 7.5 M TO 0 M, TO ALLOW THE CONSTRUCTION OF A FENCE ALONG THE PROPERTY LINE. REASON FOR DECISION: THAT THE APPL. BE APPROVED AS RECOMMENDED BY STAFF FOR A .61 M EXT. SIDE YD & 0 M SIGHT TRIANGLE AS THE APPL. IS CONSIDERED IN CONFORMITY WITH OP & ZBL & IS MINOR IN NATURE. FURTHER, THAT THE AMENDED PORTION OF THE APPL. BE TABLED TO THE NEXT MEETING. 63U DECISION FOR TABLED PORTION OF APPLICATION THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOO/020 ******************** APPLICANT: BERUBE, MARIO EUGENE & SARAH JANE AGENT: PROPERTY DESCRIPTION 243 GLENABBEY DRIVE PART LOT: 32 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: ZONING: R1 HEARING DATE: 25-May-00 APPEAL DATE: 14-Jun-00 DECISION: APPROVED DENIED MINOR VARIANCE: TO REDUCE REAR YD FOR EXISTING DECK FROM REQUIRED 6 M (10.7 FT) TO 4.19 M (13.75 FT) & REDUCE SIGHT TRIANGLE ALONG EXISTING DRIVEWAY FROM REQUIRED 3 M (9.84 FT) TO 2.13 M (7 FT) TO PERMIT CONSTRUCTION OF A FENCE ALONG REAR PROPERTY LINE. REASON FOR DECISION: THAT THE REDUCTION IN REAR YARD OF THE DECK TO 4.19 M BE APPROVED AS IT IS IN CONFORMITY WITH THE OP & ZONING BL & IS DEEMED MINOR & DESIRABLE, & THE REDUCTION OF THE SIGHT TRIANGLE BE DENIED AS IT WOULD HAVE A DETRIMENTAL IMPACT ON THE NEIGHBOURHOOD 631 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOO/021 ******************** APPLICANT: BEAVER LUMBER AGENT: SPANCREST CONSTRUCTION PROPERTY DESCRIPTION 246 KING STREET EAST PART LOT: 10 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: ZONING: C1 HEARING DATE: 25-May-00 APPEAL DATE: 14-Jun-00 DECISION: APPROVED MINOR VARIANCE: TO PERMIT THE RECONSTRUCTION OF THE ROOF ON AN EXISTING NON- CONFORMING USE. 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. 632 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOOj022 ******************** APPLICANT: CONRAD,WAYNE AGENT: PROPERTY DESCRIPTION 2309 TAUNTON ROAD PART LOT: 17 CONCESSION: 4 TOWNSHIP: DARLINGTON PLAN NUMBER: ZONING: A HEARING DATE: 25-May-00 APPEAL DATE: 14-Jun-00 DECISION: APPROVED MINOR VARIANCE: TO PERMIT NEW AGRICULTURAL BUILDINGS ON A LOT WITH AN AREA OF 1.78 HA (4.4 ACRE), INSTEAD OF THE REQUIRED MINIMUM AREA OF 2 HA. REASON FOR DECISION: THAT THE APPLICATION BE APPROVED SUBJECT TO THE REQUIREMENTS OF THE FIRE DEPARTMENT FOR ON-SITE WATER AND FIRE ACCESS ROUTES AND RECEIVING APPROVAL FROM THE HEALTH DEPARTMENT PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. 633 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOOj023 ******************** APPLICANT: FRANCEY, STEPHEN & COLLEEN AGENT: PROPERTY DESCRIPTION 31 DAVIDS CRESCENT PART LOT: 28 CONCESSION: 5 TOWNSHIP: CLARKE PLAN NUMBER: ZONING: Rl-2 HEARING DATE: 25-May-00 APPEAL DATE: 14-Jun-00 DECISION: APPROVED MINOR VARIANCE: TO RECOGNIZE AN EXISTING ACCESSORY BUILDING WITH REAR AND SIDE YARD SETBACKS OF 0.15 METRES (0.49 FEET), INSTEAD OF THE REQUIRED MINIMUM 1.2 METRE (3.94 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 AND DESIRABLE. 634