HomeMy WebLinkAbout2017-06-15 MinutesMinutes of the Committee of Adjustment
Corporation of the Municipality of Clarington
June 15, 2017
Municipal Administrative Centre, Council Chambers
40 Temperance Street, Bowmanville
Present Todd Taylor
John Bate
James Vinson
Shelley Pohjola
Gord Wallace
Away with notice
Amanda Watson
1. Call to Order
Andre O'Bumsawin
Acting Secretary -Treasurer
Chairperson
Member
Member
Member
Member
Vice Chairperson
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
3.1 A2017-0031 Owner/Applicant: Lee deBoo
75 Duke Street, Bowmanville
Part Lot 11, Concession 1
Former Town of Bowmanville
Applicant, Lee DeBoo made a verbal presentation to the Committee regarding the
application. The explanation for the proposed variance was similar to what was outlined
in the Staff report prepared for this application.
David Duncan, a neighbouring resident spoke in objection to the application. His
concerns relating to the application were related to:
• The proposed lot being too small,
• The smaller lot causing a safety hazard. New dwelling being located too close to
the property line, and
• The proposed lot and dwelling being an eye sore to the existing neighbourhood.
Chairperson Todd Taylor responded to Mr. Duncan's concerns by stating it is the
Committee of Adjustments responsibility to follow the Planning Act and consider the four
tests of a minor variance. Concerns such as the ones outlined have a forum to be
addressed through the Land Division process and any safety concerns are for the
Building Division to address during the Building Permit application and review process.
Mr. Duncan explained that there are other neighbours in objection that are not present
at the meeting.
Todd Taylor, asked for it to be put on record that we received two letters, one from Mr.
Duncan and one from a Mrs. Hayes. Further, there was a petition which four residents
signed in objection to the proposal.
Committee Member, Shelley Pohjola reiterated the portion of Mr. deBoo's verbal
presentation where he stated the lot will eventually be for his mother and father in-law.
She further asked why this had not been brought up prior to this meeting (i.e., in the
Staff Report or in the letter the applicant provided to his neighbours).
Mr. DeBoo described that he had not brought it up prior to this meeting, but it is not new
information.
There were no further questions from the Committee or members of the public in
objection or support.
Moved by James Vinson, Seconded by Gord Wallace.
"Based on our review of the application, all verbal and written 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 and the Official Plan. The
application to reduce the minimum required lot frontage from 15 metres to 14.02 metres
to facilitate a future Land Division application for a new building lot is approved."
"Carried"
3.2 A2017-0032 Applicant: Fay Veltri
Owner: Veltri and Son Limited
27 and 29 Borland Court, Bowmanville
Part Lot 11, Concession 2,
Former Town of Bowmanville
Owner, Frank Veltri made a verbal presentation to the Committee regarding the
application. The explanation for the proposed variance was similar to what was outlined
in the Staff report prepared for this application.
Committee Member, Shelley Pohjola asked the applicant when the application to create
the lot was submitted to the Land Division committee, which date in September of
2015?
Mr. Veltri was not aware of the exact date.
Mrs. Pohjola referred the question to Staff.
Planner, Amanda Watson responded the application was made in September of 2015,
prior to the General Zoning By-law Amendment being passed on September 21, 2015
(Confirmed later that evening - the exact date the application was made to the Land
Division Committee was on September 16, 2015).
There were no further questions from the Committee or members of the public in
objection or support.
Moved by Gord Wallace, 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 and the Official Plan. The application to permit the
construction of a linked dwelling in the "Urban Residential (R1) zone" is approved."
"Carried"
3.3 A2017-0033 Applicant: R. Bouma Construction Inc.
70 Lambs Lane, Bowmanville
Part Lot 12, Concession 2,
Former Town of Bowmanville
Applicant, Richard Bouma made a verbal presentation to the Committee regarding the
application. The explanation for the proposed variance was similar to what was outlined
in the Staff report prepared for this application.
Chair Person Todd Taylor asked if the applicant was aware and accepting of the
conditions recommended by Staff on the approval of this minor variance application.
Mr. Bouma responded that he had the time to review the report and had no objection to
the recommended conditions.
Committee member Gord Wallace asked Staff to clarify to the applicant to ensure the
second condition was understood, which states:
"The existing and proposed dwelling on both the retained and severed lot meet
all setback requirements for the R1 Zone."
Planner, Amanda Watson read the condition aloud to the applicant and explained that
the construction of the new dwelling on the severed lot would be required to comply with
all setbacks in the "R1" zone, a minor variance would not be supported. Further, the
retained dwelling must comply with the interior side yard setback of 1.2 metres once the
severance is completed.
Mr. Bouma had no concerns with this condition.
Committee Member, Shelley Pohjola asked a question to Staff regarding the different
process between A2017-0031 and A2017-0033 in which one the application to Land
Division had not been made and the other the application had been made and
approved.
Planner, Amanda Watson clarified we cannot regulate the way an applicant proceeds
with an application. The process is generally carried out at the applicant's discretion.
There were no further questions from the Committee or 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 and the Official Plan. The application to reduce the
minimum required lot frontage from 15 metres to 14.35 metres to fulfill a condition of the
Land Division Committee for a new building lot is approved, subject to the following
conditions:
1) The most northerly existing garage bay be removed; and
2) The existing and proposed dwelling on both the retained and severed lot meet all
setback requirements for the R1 Zone."
"Carried"
3.4 A2017-0034 Applicant/Owner: Line Desbiens
71 Hutton Place, Bowmanville
Part Lot 8, Concession 2,
Former Town of Bowmanville
Applicant, Line Desbiens made a verbal presentation to the Committee regarding the
application. The explanation for the proposed variance was similar to what was outlined
in the Staff report prepared for this application.
Committee Member, Shelley Pohjola asked the applicant how long the pool had been
on the property and whether the grading work was done at the same time as the pool
installation.
The applicant responded that the pool was installed on the property in the fall of 2016
and that the grading work had been completed at the same time.
There were no further questions 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 and the Official Plan. The application to permit an
existing above ground pool by reducing the minimum required setback from 1.2 metres
to 0.88 metres is approved."
"Carried"
3.5 A2017-0035 Applicant/Owner: Bernie Katona
14 Ann Street, Bowmanville
Part Lot 11, Concession 1,
Former Town of Bowmanville
Applicant, Bernie Katona made a verbal presentation to the Committee regarding the
application. The explanation for the proposed variance was similar to what was outlined
in the Staff report prepared for this application.
Committee Member, Todd Taylor asked the applicant if he was aware of the condition of
approval recommended on the application.
Mr. Katona stated he had no issued with the implementation of this condition.
There were no further questions from the Committee or members of the public in
objection or support.
Moved by James 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 and the Official Plan. The application to permit an
existing above ground pool by reducing the minimum required setback from 1.2 metres
to 0.88 metres is approved, subject to the following condition;
1) That the pool water be discharged onto Ann Street where it will flow into the
storm sewers, rather than into the "EP" zoned lands."
"Carried"
4. Adoption of Minutes of Previous Meeting
Moved by Shelley Pohjola, seconded by James Vinson.
"That the minutes of the meeting of the Committee of Adjustment, held on May 25, 2017
be approved."
5. Other Business:
• See "Summary of Post Meeting Discussion" dated June 15, 2017 which took
place from 7:50 pm to 8:30 pm.
Appeal date for the foregoing applications is July 5, 2017.
Next Meeting of the Committee of Adjustment is July 20, 2017
6. Adjournment
Moved by John Bate seconded by Gord Wallace.
"That the meeting adjourn at 7:50 pm."
Summary of Post Meeting Discussion
Committee of Adjustment
Corporation of the Municipality of Clarington
June 15, 2017
Municipal Administrative Centre, Council Chambers
40 Temperance Street, Bowmanville
Present Todd Taylor
Chairperson
John Bate
Member
James Vinson
Member
Shelley Pohjola
Member
Gord Wallace
Member
Away with notice Andre O'Bumsawin Vice Chairperson
Amanda Watson: Acting Secretary -Treasurer
The Committee members requested a meeting with Staff to discuss Committee of
Adjustment application processes and related applications and By-laws.