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HomeMy WebLinkAbout2016-11-24 MinutesMinutes of the Committee of Adjustment Corporation of the Municipality of Clarington November 24, 2016 Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville Present Andre O'Bumsawin James Vinson John Bate Shelley Pohjola David Addington: Acting Secretary -Treasurer Absent: Gord Wallace Absent with notice: Todd Taylor 1. Call to Order Acting Chairperson Member Member Member Acting Chairperson Andre O'Bumsawin called the meeting to order at 7:05 pm 2. Disclosures of Pecuniary Interest There were no pecuniary interests stated for this meeting 3. Applications: 210 King Avenue West, Newcastle Village Part Lot 29, Concession 2 Former Town of Newcastle Village Applicant, Peter Thorne, made a verbal presentation to the Committee regarding the application. The explanation for the proposed variance was similar to what was outlined in the report prepared for this application. Member, Shelley Pohjola, asked Mr. Thorne if he knew when the accessory building was originally built. Mr. Thorne did not know the specific date as he moved to the property in the mid 1990's. From conversations he had with neighbours, he believed it may have been built in the 1970's. Mr. Thorne also mentioned that there had been a minor variance approved in the past that allowed the sale of antiques from the accessory building. He stated that at one point the property was subject to a power of sale where the bank took ownership of the property and nobody lived there. Ms. Pohjola asked if Mr. Thorne was aware of how long the bank owned the property and Mr. Thorne replied that he did not know. Ms. Pohjola asked staff member, David Addington, for clarification of when the accessory building was built. Mr. Addington stated that staff comments that stated the accessory was a legal non -complying building were based upon the related Land Division comments that were believed to have previously established the status of the building as non -complying, however, it was not known for sure when the building had been built. Ms. Pohjola, stated that the Committee could not legally recognize a non- conforming use. Mr. Addington stated that staff did not dispute that the existing use of the building or its siting complied with the By-law but it was the larger than permitted floor area and height that made it non -complying. Ms. Pohjola stated to staff that the building would become accessory to nothing on the newly created lot and the definition of "accessory" would not apply. Mr. Addington agreed that it would be accessory to nothing until the intended dwelling was built and this was the purpose of the variance. Ms. Pohjola stated the way staff's resolution was worded by containing the word "accessory" did not make logical sense due to the lack of principal building and there was no assurance that there would ever be a principal building built. Ms. Pohjola stated that the Committee did not have the authority to approve the variance because the definition of "accessory" was not met. Further, Ms. Pohjola stated that it could not be controlled how the building would be used. Mr. Addington confirmed with Mr. Thorne that the building could not be habitable as defined in the By-law since there was no plumbing in the building. Mr. O'Bumsawin, and Mr. David Addington, stated that the only permitted uses on the lot are residential uses. Because Mr. Thorne had stated that the bank had taken over the property and nobody was using the property, Ms. Pohjola stated that there may be an issue with the status of the non -conforming use as the continuous use of the property was interrupted when the bank took ownership and this would have negated any legal non -conforming rights, if they even existed in the first place. Mr. Addington stated that the use of the building as an accessory structure was not in question and that an interruption in ownership did not change the fact the building continued to be accessory to a primary building. Mr. O'Bumsawin asked Mr. Thorne if and when he planned to build a house on the lot and Mr. Thorne responded that he did and hopefully in 2017. Mr. O'Bumsawin considered that possibly a condition could be applied to any approval of the variance that could require the construction of a principal dwelling by a certain date. Mr. O'Bumsawin also clarified that the use of the building was not the issue, it is the size that doesn't conform to zoning. Ms. Pohjola stated that it would be beneficial if Planning staff could look into the matter of the status of the non -conforming status of the building and the other issues identified. Mr. Addington asked Mr. Thorne when his conditions related to the Land Division application were set to elapse and he responded that it would be in July 2016. There were no further questions from the Committee or members of the public in objection or support. Moved by Shelley Pohjola, seconded by Jim Vinson. "Based on our review of the application and the comments submitted, the application is TABLED to a future meeting of the Committee of Adjustment to provide staff with the opportunity to clarify outstanding issues related to the status of the building's non- conformity and other related issues." Carried 4. Adoption of Minutes of Previous Meeting Moved by Shelley Pohjola., seconded by John Bate. "That the minutes of the meeting of the Committee of Adjustment, held on November 3, 2016 be approved." 5. Other Business: Appeal date for the foregoing applications is December 14, 2016 Next Meeting of the Committee of Adjustment is December 15, 2016 6. Adjournment Moved by Jim Vinson seconded by Shelley Pohjola. "That the meeting adjourn at 7:42 pm."