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HomeMy WebLinkAbout2017-01-19 MinutesMinutes of the Committee of Adjustment Corporation of the Municipality of Clarington January 19, 2017 Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville Present Todd Taylor Andre O'Bumsawin Gord Wallace James Vinson John Bate Shelley Pohjola David Addington: Acting Secretary -Treasurer 1. Call to Order Chairperson Vice Chairperson Member Chairperson Todd Taylor called the meeting to order at 7:00 pm 2. Disclosures of Pecuniary Interest There were no pecuniary interests stated for this meeting 3. Applications Member Member Member 3.1 A2016-0055 Applicant: D.G. Biddle & Associates Inc. Owner: Hojdus Mieczyslaw & Maresch Oditza 2198 Nash Road, Darlington Part Lot 19 & 20, Concession 3 Former Township of Darlington This application was previously tabled at the Committee of Adjustment Meeting held on August 25, 2016 in order to provide the applicant time to revise the application. The Committee was provided with revised Comments for this meeting which addressed the concerns expressed by the Committee at the previous meeting. The applicant, Dan Dissanayake 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. Mr. Dissanayake stated that he agreed with the recommendations and conditions to approval contained in the staff report. Minutes from January 19, 2017 Page 2 Member, Shelley Pohjola, asked the applicant a question regarding the location of the retaining wall. Mr. Dissanayake responded by stating that the retaining wall is to remain and that it does encroach on the neighbouring property and there is an agreement in place with the neighbour concerning this. Ms. Pohjola asked staff for clarification on why the retaining wall wasn't included in the variance application. Mr. Addington responded that it was not considered a structure and the By-law setback provisions didn't apply to the retaining wall and that the variance could be considered independently of this. Mr. Dissanayake clarified that the wall is made of concrete and not retaining earth. Member, Gord Wallace, asked a question to clarify what the proposed setback in the application was for. Mr. Dissanayake clarified that it was for the woodshed building only and that Mr. Dissanayake agreed with the recommendation to deny this aspect of the application. There were no further questions from the Committee, and there were no members of the public in objection or support. Moved by Jim Vinson, seconded by Andre O'Bumsawin. "Based on our review of the application and all written and verbal comments received, the application to reduce the minimum required side yard setback to the woodshed accessory building from 1.2 metres to 0 metres be denied as it does not meet the intent of the Zoning By-law. The building must be removed or relocated and brought into compliance with the required minimum side yard setback of 1.2 metres within six months of the date of the hearing of this application" "Based on our review of the application and all written and verbal comments received, the application to permit the construction of a detached accessory building by increasing the maximum permitted total floor area for all accessory buildings from 90 square metres to 215 square metres and to permit agricultural uses on lands within the "Agricultural (A)" Zone on a lot that is less than 2 hectares in area be approved subject to the following conditions: i) That the section of the existing accessory building's (garage) roof that is attached to the retaining wall along the east side property line be removed and the building be brought into compliance with the required minimum side yard setback of 1.2 metres within six months of the date of the hearing of this application (ii) That the shipping cargo containers being used to house chickens be removed within six months of the date of the hearing of this application (iii) That should, a new farm building to house the chickens be constructed, it shall be located a minimum of 15 metres from all property lines and with an interior floor area of no more than 7 square metres, as it is deemed minor in nature, meets the intent of the Official Plan and Zoning By-law and is not detrimental to the neighbourhood." "Carried" Minutes from January 19, 2017 Page 3 3.2 A2016-0075 Applicant: Aitchison Law Office Owner: Dale and Susan Thompson 3621 Courtice Road, Darlington Part Lot 28, Concession 3, Former Township of Darlington Owner, Dale Thompson, stated that staff had only sent the comments on this variance at 3:50 pm on the present day and that his lawyer didn't have enough opportunity to review the details presented in staff comments. Mr. Thompson asked for a deferral as a result. Mr. Thompson stated that he didn't understand Central Lake Ontario Conservation Authority's comment's in the staff report, particularly, the comment asking for more information regarding the source of water being drawn for bottling. He stated that he had no idea what the source of the water is. Staff member, David Addington, stated that Central Lake Ontario Conservation Authority wasn't able to issue more specific comments as they require additional information and possibly a study to determine the water source. Member, Shelley Pohjola, recommended tabling of the application to an unspecified later date in order to provide the applicant enough time for the owner's lawyer to review the report and to work out any issues with staff. Committee Member, Todd Taylor, clarified the purpose of the tabling to an unspecified meeting date with the owner. There were no further questions from the Committee, and there were no members of the public in objection or support. Moved by Shelley Pohjola, seconded by Andre O'Bumsawin. The application to permit an existing indoor storage business and water bottling and ice making facility on a rural lot is tabled to a future meeting of the Committee of Adjustment. "Carried" 3.3 A2017-0001 Applicant/Owner: Kyle and Megan Mulligan 307 West Scugog Lane, Bowmanville Part Lot 13, Concession 2 Former Township of Darlington Applicant, Kyle Mulligan 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. There were no questions from the Committee or members of the public in objection or support. Minutes from January 19, 2017 Moved by Shelley Pohjola, Seconded by John Bate. "Based on our review of the application and all verbal and written comments received, the application is deemed minor in nature, meets the intent of the Official Plan and Zoning By-law and will not be detrimental to the character of the neighbourhood. The application is approved to permit the construction of an accessory structure (detached garage) by increasing the maximum permitted total floor area for all accessory structures from 90 square metres to 144 square metres." "Carried" 3.4 A2017-0002 Applicant/Owner: Darren Tuddenham 53 Peters Pike, Orono Part Lot 27, Concession 5 Former Township of Clarke Applicant, Darren Tuddenham, 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, Todd Taylor, asked applicant if he agreed with condition recommended to the approval of the application contained in the staff report. The applicant stated that he agreed with the condition. There were no further questions from the Committee or members of the public in objection or support. Moved by John Bate, Seconded by Jim Vinson. "Based on our review of the application and all verbal and written comments received, the application is deemed minor in nature, meets the intent of the Official Plan and Zoning By-law and will not be detrimental to the character of the neighbourhood. 0 The application is approved to permit the construction of a detached garage by increasing the maximum permitted total floor area for all accessory structures from 60 square metres to 84 square metres subject to the following condition: (1) That the existing 10 square metre shed be removed from the property prior to the issuance of the building permit for the proposed garage." "Carried" Minutes from January 19, 2017 Page 5 3.5 A2017-0003 Applicant/Owner: Vito Falconeri 2458 Trulls Road, Courtice Part Lot 31, Concession 2 Former Township of Darlington Applicant, Vito Falconeri, 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, Todd Taylor, asked applicant if he agreed with condition recommended to the approval of the application contained in the staff report. The applicant stated that he agreed with the condition. Member, Shelley Pohjola, asked staff a question regarding the reason why the timeframe of the condition attached to the subject application differed from that of the application that was previously heard. Staff, David Addington, responded stating that it was likely an oversight that it wasn't consistent. The timeframe for the condition was clarified among Committee members and staff and the applicant confirmed that he could have the existing detached accessory building removed within 6 months of the date of the approval of the application. There were no further questions from the Committee or members of the public in objection or support. Moved by Andre O'Bumsawin, Seconded by Shelley Pohjola. "Based on our review of the application and all verbal and written comments received, the application is deemed minor in nature, meets the intent of the Official Plan and Zoning By-law and will not be detrimental to the character of the neighbourhood. The application is approved to permit the construction of an accessory structure by increasing the maximum permitted height for an accessory building from 4 metres to 4.78 metres and by increasing the maximum permitted total floor area for all accessory structures from 60 square metres to 98.4 square metres subject to the following condition: (1) That the existing 9.29 square metre shed be removed from the property within six months of the Committee's decision on the minor variance. "Carried" Minutes from January 19, 2017 Page 6 3.6 A2017-0004-50 Moses Crescent, Bowmanville A2017-0005-30 Moses Crescent, Bowmanville Applicant/Owner: Halminen Building Corp. Part Lot 13, Concession 3 Former Township of Darlington Agent, Ben Davis, made a verbal presentation to the Committee regarding the applications. The explanations for the proposed variances were similar to what was outlined in the report prepared for these applications. Member, Shelley Pohjola, questioned staff in regards to the necessity for the variance and quoted the Clergy principle. Staff, David Addington, mentioned that the Zoning By- law had been changed prior to application for the building permit but would take note of the point raised by Ms. Pohjola. There were no further questions from the Committee or members of the public in objection or support. Both applications were approved unanimously by the Committee. A2017-0004 50 Moses Crescent Moved by Gord Wallace, seconded by Shelley Pohlola. "Based on our review of the application and all verbal and written comments received, the application meets the intent of the Zoning By-law and the intent and purpose of the Official Plan. The application is considered minor in nature and not detrimental to the neighbourhood. The application is approved to permit the reduce the minimum required exterior side yard setback to the dwelling from 4 metres to 2.75 metres and to the porch from 2 metres to 1.2 metres." A2017-0005 30 Moses Crescent Moved by Gord Wallace, seconded by Andre O'Bumsawin. "Based on our review of the application and all verbal and written comments received, the application meets the intent of the Zoning By-law and the intent and purpose of the Official Plan. The application is considered minor in nature and not detrimental to the neighbourhood. The application is approved to permit the reduce the minimum required exterior side yard setback to the dwelling from 4 metres to 2.63 metres and to the porch from 2 metres to 1.25 metres." "Carried" Minutes from January 19, 2017 Page 7 3.7 A2016-0006 Applicant: D.G. Biddle & Associates Inc. Owner: Michael Foley 147 Mallory Street, Courtice Part Lot 31, Concession 3 Former Township of Darlington Agent, Dan Dissanayake, 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. There were no questions from the Committee or members of the public in objection or support. Moved by Jim Vinson, Seconded by John Bate. "Based on our review of the application and all verbal and written comments received, the application is deemed minor in nature, meets the intent of the Official Plan and Zoning By-law and will not be detrimental to the character of the neighbourhood. The application is approved to permit the construction of a single -detached dwelling by reducing the minimum required exterior side yard setback to the dwelling from 4 metres to 3.36 metres and to the porch from 2 metres to 1.37 metres." "Carried" 4. Adoption of Minutes of Previous Meeting Moved by Jim Vinson, seconded by John Bate. "That the minutes of the meeting of the Committee of Adjustment, held on December 15, 2016 be approved." 5. Other Business: Appeal date for the foregoing applications is February 8, 2017 Next Meeting of the Committee of Adjustment is February 9, 2017 6. Adjournment Moved by Jim Vinson seconded by John Bate. "That the meeting adjourn at 7:57 pm."