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HomeMy WebLinkAbout2017-03-23 Minutes Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington March 23, 2017 Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville PresentTodd TaylorChairperson James VinsonMember John BateMember Shelley PohjolaMember RegretsGord WallaceMember André O’BumsawinVice Chairperson Amanda Watson:Acting Secretary-Treasurer 1. Call to Order Chairperson Todd Taylorcalled the meeting to order at 7:00pm 2. Disclosures of Pecuniary Interest There were no pecuniary interests stated for this meeting 3. Applications 3.1A2017-0016Applicant: Tatra Valley Homes Owner: Janina Majerczyk 55 Cotton Street Part Lot 8, Concession 2 Former Township of Bowmanville Applications A2017-0016 to A2017-0021were considered together. Applicant, Stan Majerczyk 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, all verbal comments received and the agency comments submitted, the application is deemed minor in nature, is considered desirable for the appropriate development and use of the land and maintains the general intent and purpose of the Zoning By-law or the Official Plan. The application to permit the construction of a linked dwelling in the “Urban Residential Type One (R1) Zone” is approved.” “Carried” 3.2A2017-0017Applicant: Tatra Valley Homes Owner: Janina Majerczyk 39 Cotton Street Part Lot 8, Concession 2 Former Township of Bowmanville Applications A2017-0016 to A2017-0021 were considered together. Applicant, Stan Majerczyk 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, all verbal comments received and the agency comments submitted, the application is deemed minor in nature, is considered desirable for the appropriate development and use of the land and maintains the general intent and purpose of the Zoning By-law or the Official Plan. The application to permit the construction of a linked dwelling in the “Urban Residential Exception (R1-19) Zone” is approved.” “Carried” 3.3A2017-0018Applicant: Tatra Valley Homes Owner: Janina Majerczyk 47 Cotton Street Part Lot 8, Concession 2 Former Township of Bowmanville Applications A2017-0016 to A2017-0021 were considered together. Applicant, Stan Majerczyk made a verbal presentation to the Committee regarding the application. Theexplanation 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, all verbal comments received and the agency comments submitted, the application is deemed minor in nature, is considered desirable for the appropriate development and use of the land and maintains the general intent and purpose of the Zoning By-law or the Official Plan. The application to permit the construction of a linked dwelling in the “Urban Residential Type One (R1) Zone” is approved.” “Carried” 3.4A2017-0019Applicant: Tatra Valley Homes Owner: Janina Majerczyk 31 Cotton Street Part Lot 8, Concession 2 Former Township of Bowmanville Applications A2017-0016 to A2017-0021 were considered together. Applicant, Stan Majerczyk made a verbal presentation to the Committee regarding the application. Theexplanation 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, all verbal comments received and the agency comments submitted, the application is deemed minor in nature, is considered desirable for the appropriate development and use of the land and maintains the general intent and purpose of the Zoning By-law or the Official Plan. The application to permit the construction of a linked dwelling in the “Urban Residential Exception (R1-19) Zone” is approved.” “Carried” 3.5A2017-0020Applicant: Tatra Valley Homes Owner: Janina Majerczyk 32 Cotton Street Part Lot 8, Concession 2 Former Township of Bowmanville Applications A2017-0016 to A2017-0021 were considered together. Applicant, Stan Majerczyk 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, all verbal comments received and the agency comments submitted, the application is deemed minor in nature, is considered desirable for the appropriate development and use of the land and maintains the general intent and purpose of the Zoning By-law or the Official Plan. The application to permit the construction of a linked dwelling in the “Urban Residential Exception (R1-19) Zone” is approved.” Carried” 3.6A2017-0021Applicant: Tatra Valley Homes Owner: Janina Majerczyk 40 Cotton Street Part Lot 8, Concession 2 Former Township of Bowmanville Applications A2017-0016 to A2017-0021 were considered together. Applicant, Stan Majerczyk 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, all verbal comments received and the agency comments submitted, the application is deemed minor in nature, is considered desirable for the appropriate development and use of the land and maintains the general intent and purpose of the Zoning By-law or the Official Plan. The application to permit the construction of a linked dwelling in the “Urban Residential Exception (R1-19) Zone” is approved.” “Carried” 3.7A2017-0022Applicant: SMARTReit Owner: The Great West Life Assurance 2340, 2348, 2350 Highway 2, Bowmanville Part Lot 17, Concession 1, Former Townof Bowmanville The Applicant, Nikolas Papapetrou made a verbal and electronic presentation to the committee and members of the public. The applicant presented a 17 slide PowerPoint presentation describing: The proposed commercial development and site layout, How the proposalmeets the four tests of a minor variance,and How the applicant/owner is addressing any zoning deficiencies through other measures. Member,John Bate asked for clarification about Building B and what the intended use will be. The applicant responded by explaining it will be a restaurant. Member, Shelley Pohjola, askedtheapplicant if he agreed with conditions recommended to the approval of the application contained in the staff report. The applicant stated that he agreed with the conditions. Member, Todd Taylor asked the applicant for clarification with respect to accessibility to the site. The applicant explained that the parking complies to all code requirements andwent into detail regardinghow the site is accessed by anyone with accessibility requirements. Member, Todd Taylor asked if the site is accessible from the inside of the site to the existing corridors outside the site to other existing commercial development. The applicant explained that the siteis completely accessible to the existing commercial development, parking and sidewalks at grade without any retaining walls or ramps. 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 John Bate. “Based on our review of the application, all verbal comments received and the agency comments submitted, the application is deemed minor in nature, is considered desirable for the appropriate development and use of the land and maintains the general intent and purpose of the Zoning By-law or the Official Plan. The application is approved subject to conditions to permit: 1.Building “A” –To permit a building by: -Increasing the maximum setback from Highway 2 from 3.5 to 7 metres; and -Reducing the minimum transparent glazing along Highway 2 from 40% to 10%. 2.Building “B” –To permit a building by increasing the maximum setback from Green Road from 3.5 metres to 7 metres. 3.Building “C” –To permit a building by: -Increasing the maximum setback from Green Road from 3.5 metres to 7 metres; -Reducing the minimum transparent glazing along Green Road from 40% to 0%; and -Providing no primary street entrance facing Green Road. Subject to the condition of a minimum of 10% spandrel provided on the east elevation of Building “C” (facing Green Road) and a minimum of 40% transparent glazing provided on the west elevation of Building “C” (facing the parking lot).” “Carried” 3.8A2017-0023Applicant/Owner: Orla Sinnot 620 George Reynolds Drive, Courtice Part Lot 27, Concession 3 Former Township of Darlington Applicant, Orla Sinnotmade 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 Staff for clarification on whether there is a maximum permitted lot coverage for all accessory structures on the property? She was not clear whether this was discussed in the report. Planner, Amanda Watson responded by explaining the zone has a maximum lot coverage of 40% for all structures on the property (inclusive of accessory buildings, decks, the dwelling, etc.). The applicant has proposed a porch overhang off the rear of the existing dwelling and with the constructionof this, the lot coverage will exceed the permitted 40%. Resulting in the need for the variance. There were nofurtherquestions from the Committee or members of the public in objection or support. Moved by John Bate, Seconded by James Vinson. “Based on our review of the application, all verbal comments received and the agency comments submitted, the application is deemed minor in nature, is considered desirable for the appropriate development and use of the land and maintains the general intent and purpose of the Zoning By-law or the Official Plan. The application to permit the installation of a pool by reducing the required setback for accessory structures from 4 metres to 1.2 metres and to permit the construction of a porch overhang by increasing the maximum lot coverage from 40% to 44% is approved.” “Carried” 3.9A2017-0002Applicant/Owner: 1236296 Ontario Inc./Jeffery Homes 128 Fred Jackman Avenue, Bowmanville Part Lot 13, Concession 3 Former Township of Darlington The applicant’s agent,Marianne Tracey,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 the agentwhetherthere were any concerns with the conditions recommended to the approval of the application contained in the staff report. The applicant stated there were no concerns with these conditions. 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, all verbal comments received and the agency comments submitted, the application is deemed minor in nature, is considered desirable for the appropriate development and use of the land and maintains the general intent and purpose of the Zoning By-law or the Official Plan. The application to permit the construction of a single-detached dwelling by reducing the minimum required side yard setback from .06 metres to 0.49 metres is approved subject to the following conditions: 1.The lot grading for the subject property must conform to the Master Grading Plan for the subdivision. 2.The tributary watershed area to the westerly side yard swale of the proposed dwelling must not exceed 0.05 hectares (as currently approved on the Master Grading Plan). 3.The side yard swale must have a minimum depth of 150 millimetres. 4.The side yard slope must not exceed a grade of 3:1. “Carried” 3.10A2017-0003Applicant/Owner: Holland Homes Inc. 35 Hanning Court, Bowmanville Part Lot10, Concession 2 Former Townof Bowmanville Applicant, Katrina Metzner from Holland Homes Inc., made a verbal presentation to the Committee regarding the application. The explanation for the proposed varianceswere 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 James Vinson, Seconded by Shelley Pohjola. “Based on our review of the application, all verbal comments received andthe agency comments submitted, the application is deemed minor in nature, is considered desirable for the appropriate development and use of the land and maintains the general intent and purpose of the Zoning By-law or the Official Plan. The application topermit the construction of an 8 unit residential townhouse development by reducing the minimum required interior side yard setback from 4.5 metres to 3 metres and by reducing the minimum required exterior side yard setback from 6 metres to 2.58 metres is approved.” “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 March 2, 2017 be approved.” 5. Other Business: Appeal date for the foregoing applications isApril 12, 2017 Next Meeting ofthe Committee of Adjustment is April 13, 2017 6. Adjournment Moved by Jim Vinsonseconded by John Bate. “That the meeting adjourn at 7:42 pm.”