HomeMy WebLinkAbout2017-07-20 MinutesMinutes of the Committee of Adjustment
Corporation of the Municipality of Clarington
July 20, 2017
Municipal Administrative Centre, Council Chambers
40 Temperance Street, Bowmanville
Present Todd Taylor Chairperson
Andre O'Bumsawin Vice Chairperson
James Vinson Member
Shelley Pohjola Member
John Bate Member
Gord Wallace Member
David Addington: Acting Secretary -Treasurer
1. Call to Order
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 A2017-0036 Applicant: Matthew MacLeod
Owner: Chris Haley
67 Barchard Street, Newcastle
Part Lot 29, Concession 2
Former Township of Clarke
Applicant, Matthew MacLeod 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 further questions from the Committee or members of the public in
objection or support.
Moved by John Bate, Seconded by Shelley Pohjola.
"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 deck to the rear of a single detached dwelling by increasing the
maximum permitted lot coverage from 40% to 45% in the "R1-67" zone is approved."
"Carried"
3.2 A2017-0037 Applicant/Owner: 2501338 Ontario Ltd. (City Homes)
21 Lionel Byam Drive, Enniskillen
Part Lot 18, Concession 8,
Former Township of Darlington
Application A2017-0037 to A2017-0039 were considered together.
Applicant, Jamie Maclnnis, 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, Andre O'Bumsawin, asked staff member, David Addington, how height is
measured. Mr. Addington explained that it was measured from the lowest point of
finished grade adjacent to each wall of the dwelling. Mr. O'Bumsawin asked the
applicant what the approximate rear yard setback from the dwelling was and Mr.
Maclnnis stated that it was approximately 70 metres.
There were no further questions from the Committee or members of the public in
objection or support.
Moved by Andre O'Bumsawin, 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 single detached dwelling by increasing the maximum permitted height
from 10.5 metres to 11.1 metres is approved."
"Carried"
3.3 A2017-0038 Applicant/Owner: 2501338 Ontario Ltd. (City Homes)
34 Lionel Byam Drive, Enniskillen
Part Lot 18, Concession 8,
Former Township of Darlington
Application A2017-0037 to A2017-0039 were considered together.
Applicant, Jamie Maclnnis, 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, Andre O'Bumsawin, asked staff member, David Addington, how height is
measured. Mr. Addington explained that it was measured from the lowest point of
finished grade adjacent to each wall of the dwelling. Mr. O'Bumsawin asked the
applicant what the approximate rear yard setback from the dwelling was and Mr.
Maclnnis stated that it was approximately 70 metres.
There were no further questions from the Committee or members of the public in
objection or support.
Moved by Shelley Pojola, Seconded by Gord Wallace.
"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 increasing the maximum permitted height
from 10.5 metres to 11.6 metres is approved."
"Carried"
3.4 A2017-0039 Applicant/Owner: 2501338 Ontario Ltd. (City Homes)
22 Lionel Byam Drive, Enniskillen
Part Lot 18, Concession 8,
Former Township of Darlington
Application A2017-0037 to A2017-0039 were considered together
Applicant, Jamie Maclnnis, 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, Andre O'Bumsawin, asked staff member, David Addington, how height is
measured. Mr. Addington explained that it was measured from the lowest point of
finished grade adjacent to each wall of the dwelling. Mr. O'Bumsawin asked the
applicant what the approximate rear yard setback from the dwelling was and Mr.
Maclnnis stated that it was approximately 70 metres.
There were no further questions from the Committee or members of the public in
objection or support.
Moved by Shelley Pojola, Seconded by Gord Wallace.
"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 increasing the maximum permitted height
from 10.5 metres to 11.6 metres is approved."
"Carried"
3.5 A2017-0040 Applicant: Usha Ramesh
Owner: Ramesh Suntharalingam
1428 Gord Vinson Avenue, Courtice
Part Lot 35, Concession 2,
Former Township of Darlington
Applicant, Usha Ramesh, 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, Andre O'Bumsawin, asked the applicant if the second floor deck was to
provide egress from the second floor door and the applicant stated that it was. The
applicant stated that the home was purchased with a second floor door. Mr.
O'Bumsawin stated that it was odd that the builder would include a second storey door
without any railing. Member, Shelley Pohjola, asked staff member, David Addington, if
the existing structure was built without a permit and Mr. Addington stated that he
believed it was and the applicant confirmed this. Mr. O'Bumsawin stated that it seemed
possible that a second storey deck would create privacy concerns for neighbours to the
rear. Mr. Addington confirmed that there are stacked townhouses to the rear which face
the backyard of the subject property and are separated from the subject property by a
road. Mr. O'Bumsawin asked if there were other houses that had a second storey door
like the subject property and Mr. Addington stated that he was not aware. Ms. Ramesh
stated their home was the only one with this door.
There were no further questions from the Committee or members of the public in
objection or support.
Moved by Gord Wallace, 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 legalize an
existing deck and shade area to the rear of a single detached dwelling by increasing the
maximum permitted lot coverage from 40% to 45% in the "R1" zone is approved."
"Carried"
3.6 A2017-0041 Applicant/Owner: Shawnna Burgess
5821 Ochonski Road, Clarke
Part Lot 30, Concession 5,
Former Township of Clarke
Applicant, Shawnna Burgess, 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 Gord Wallace.
"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 an in -ground pool on a rural residential lot within the Environmental
Protection (EP) zone is approved."
"Carried"
3.7 A2017-0042 Applicant/Owner: Verdon and Marilyn Kent
15 Bloom Avenue, Newcastle
Part Lot 26, Concession 1,
Former Township of Clarke
Applicant, Marilyn Verdon, 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, Andre O'Bumsawin, stated that the current deck does not comply with the By-
law and asked staff member, David Addington, to confirm this. Mr. Addington stated that
it did not comply.
There were no further questions from the Committee or members of the public in
objection or support.
Moved by John Bate, Seconded by Shelley Pohjola.
"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 sunroom to the rear of a single detached dwelling by reducing
minimum required rear yard setback from 7.5 metres to 4.6 metres is approved."
"Carried"
3.8 A2017-0043 Applicant/Owner: Enzo Bertucci (Lanarose Homes Ltd.)
70 Shipway Avenue, Port of Newcastle
Part Lot 28, Concession BFC,
Former Township of Clarke
Applicant, Enzo Bertucci, 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, Andre O'Bumsawin, requested clarification that 3 of the visitor spaces would
be accessible and the applicant confirmed this. Staff member, David Addington, clarified
how the number of accessible visitor spaces was calculated in the Zoning By-law.
Member, Shelley Pohjola, asked if a parking study had been provided and Mr. Bertucci
stated that he was not aware if one being required previously, however, a traffic impact
study had been required. Mr. Addington also stated that he was not aware if a parking
study was submitted, however, a parking study would be required going forward as part
of the site plan applications for the remaining three buildings on the site. Ms. Pohjola
asked if the on -street parking on Lakebreeze Drive would be able to compensate for the
loss of on-site visitor spaces given existing congestion in the area. Mr. Bertucci stated
that yes it should be sufficient with the 65 spaces to be built on Lakebreeze Drive. Ms.
Pohjola asked staff how the availability of transit was assessed and if its impact was
studied and Mr. Addington stated that its impact wasn't specifically studied but does
provide an alternative that could potentially reduce the demand for parking, and
together with the other parking options in the area, should accommodate the anticipated
parking demand. Mr. Addington further emphasized that further parking studies will be
required as part of future site plan applications for the remaining buildings to assess the
area's parking situation. Ms. Pohjola asked staff if there were any anticipated issues
and Mr. Addington stated that issues are not anticipated. Mr. O'Bumsawin asked if the
loss of the 12 visitor spaces could be picked up on the site going forward and Mr.
Bertucci stated that he did not want to commit to that at the present time if the future
parking studies showed it was not needed but they will accommodate any deficiency if
there proves to be any parking issues through the further development of the site.
There were no further questions from the Committee or members of the public in
objection or support.
Moved by Gord Wallace, 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 reduce the
minimum required visitor parking spaces from 31 to 19 for two four storey residential
buildings is approved."
"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 June 15,
2017 be approved."
5. Other Business:
• Chair, Todd Taylor, will be absent from the next scheduled meeting.
Appeal date for the foregoing applications is August 9, 2017
Next Meeting of the Committee of Adjustment is August 10, 2017
6. Adjournment
Moved by Shelley Pohjola seconded by John Bate.
"That the meeting adjourn at 7:47 pm."