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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee
File # D/.:SCO
Res. tt(:;/f}..o 'f-n 0
Date: Monday, January 3, 2000
Report #: PD-003-00
FILE #: A99/023, A99/065 & A99/066
By-law #
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF
ADJUSTMENT FOR THE MEETING OF DECEMBER 16, 1999
FILE NO'S.: A99/023, A99/065 & A99/066
Recommendations:
It is respectfully reconunended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-003-00 be received;
2. THAT Council concur with the decisions of the Committee of Adjustment made on
December 16, 1999 for applications A99/023, A99/065 and A99/066; and
3. THAT Staffbe authorized to appear before the Ontario Municipal Board to defend the
decisions of the Committee of Adjustment for applications A99/023, A99/065 and
A99/066, in the event of an appeal.
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.
2. Applications A99/023 was previously TABLED at the June 10, 1999 hearing to allow the
applicant time to provide information to the Clarington By-law Enforcement Department
regarding a pending zoning investigation.
The investigation was to determine if the property and proposed garage would be used for
business purposes as the owner currently owns and operates a landscaping business. The
By-law Enforcement Department is satisfied that the property owner's business is in
Scarborough, that all the vehicles and equipment on the subject property are owned and
licensed to the owner himself, not a business, and that the owner does not operate a home
office from the residential dwelling. The investigation file has been closed.
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REPORT NO.: PD-003-00
PAGE 2
Subsequently the application was heard at the December 16, 1999 hearing and was
approved as applied for, subject to the existing shed being removed prior to the issuance
of a building permit.
3. Application A99/065 was approved as applied for.
4. Application A99/066 was modified following a staff site inspection. A revised notice is
necessary to meet the requirements of the Planning Act. As a result, the application was
heard in two parts, with approval given for the original application, a reduction in the
exterior side yard setback, and tabling to the next meeting for the recognition of steps and
landing encroaching into the interior side yard setback.
5. The purpose of each minor variance application and the Committee's decisions are
detailed in Attachment No. I.
6.
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.
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7. Council's concurrence with the Committee of Adjustment decisioAs 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.
Reviewed by,
D' rome, M.C.I.P., RP.P.
Director of Planning & Development
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Franklin Wu, M.C.I.P., R.P.P.,
Chief Administrative Officer
SL *DJC*cc
17 December 1999
Attach.
613
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A99/023
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APPLICANT: MCPHERSON, SEAN & ST. PIERRE, MONIQUE
AGENT:
PROPERTY DESCRIPTION
1 TAUNUS COURT
PART LOT: 15 CONCESSION: 3
TOWNSHIP: DARLINGTON
PLAN NUMBER:
ZONING: RE
HEARING DATE: 16-Dec-99
DECISION: APPROVED
APPEAL DATE:
5-Jan-OO
MINOR VARIANCE:
TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING THAT WILL
INCREASE TOTAL LOT COVERAGE OF ALL ACCESSORY BUILDINGS TO 57%,
INSTEAD OF THE MAXIMUM PERMITTED 40%.
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 DEEMED
TO BE MINOR AND DESIRE.
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A99/065
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APPLICANT: KREZANOWSKI, STEVE
AGENT:
PROPERTY DESCRIPTION
3301 COURTICE ROAD
PART LOT: 28 CONCESSION: 3
TOWNSHIP: DARLINGTON
PLAN NUMBER:
ZONING: A
HEARING DATE: 16-Dec-99
DECISION: APPROVED
APPEAL DATE:
5-Jan-00
MINOR VARIANCE:
TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING THAT WILL
INCREASE THE TOTAL LOT COVERAGE OF ACCESSORY BUILDINGS FROM THE
MAXIMUM PERMITTED 40% TO 50% OF THE TOTAL FLOOR AREA OF THE
DWELLING.
REASON FOR DECISION:
THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE
OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE,
THE APPLICATION BE APPROVED AS APPLIED FOR.
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
COMMITTEE OF ADJUSTMENT
PERIODIC REPORT
FILE NUMBER: A99/066
********************
APPLICANT: HOWE, TIMOTHY & TRACY
AGENT:
PROPERTY DESCRIPTION
1 GRADY DRIVE
PART LOT: 29 CONCESSION: 2
TOWNSHIP: NEWCASTLE
PLAN NUMBER: 10M-828 -1
ZONING: R1
HEARING DATE: 16-Dec-99
DECISION: APPROVED
APPEAL DATE:
5-Jan-00
MINOR VARIANCE:
TO PERMIT THE CONSTRUCTION OF AN IN-GROUND POOL BY REDUCING THE
EXT. SIDE YD. SETBACK FROM 6 M (19.67 FT) TO 3.05 M (10 FT},TO
RECOGNIZE THE EXISTING STEPS & LANDING HAVING A WESTERLY SIDE YD.
SETBACK OF 0.08 M (3 IN) INSTEAD OF 1.2 M (3.94 FT)
REASON FOR DECISION:
THAT THE REQUEST FOR REDUCTION IN SIDE YARD SETBACK FOR THE POOL
BE APPROVED, AND THE RECOGNITION OF THE STEPS AND LANDING BE
TABLED TO THE NEXT MEETING TO ALLOW FOR CIRCULATION TO MEET THE
PLANNING ACT.
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