HomeMy WebLinkAbout2018-05-24 MinutesMinutes of the Committee of Adjustment
Corporation of the Municipality of Clarington
May 24, 2018
Municipal Administrative Centre, Council Chambers
40 Temperance Street, Bowmanville
Present Todd Taylor
Andre O'Bumsawin
Gord Wallace
Shelley Pohjola
Away with notice James Vinson
John Bate
Amanda Watson: Acting Secretary -Treasurer
1. Call to Order
Chairperson
Vice Chairperson
Member
Member
Chairperson, Todd Taylor called the meeting to order at 7:OOpm
2. Disclosures of Pecuniary Interest
There were no pecuniary interests stated for this meeting
3. Applications
3.1 A2018-0026 Applicant/Owner: Allen VanderWal
64 Elgin Street, Bowmanville
Part Lot 12, Concession 2
Former Township of Darlington
Member
Member
The applicant, Allen VanderWal, 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.
Committee Member, Shelley Pohjola asked the applicant whether the proposed floor
plans/building plans have changed since the last meeting of the Committee of
Adjustment held on April 26, 2018.
Mr. VanderWal responded that there has been no change in the proposed plans, the
proposal includes a 1 storey enclosed porch addition on the south side of the existing
dwelling.
Committee Member, Andre O'Bumsawin, referred to the site plan drawing, provided by
the applicant, and asked whether the driveway location indicated on the site plan
drawing was where the driveway is currently located.
Mr. VanderWal responded indicating there was an error on the site plan, where it shows
a "driveway" on the south side should be labelled "walkway". The property currently has
two driveways, one off of Elgin Street and one off of Odell Street.
Committee Member, Andre O'Bumsawin, asked the applicant if he was aware of where
the property line was located on the south-easterly portion of the property. He further
asked why the relief from the exterior side yard was requested to be reduced to 1.2
metres.
Mr. VanderWal indicated the exterior side yard relief was included in the minor variance
application based on Staff's advice.
Planner, Amanda Tapp, responded explaining that the property partially abuts an
unopened section of Odell Street. Therefore, currently, the dwelling is situated within
the 6 metre exterior sideyard setback requirement and without the reduction, the
applicant would not be permitted to construct the proposed enclosed porch, as it would
encroach further into the required side yard setback. Upon review of the submitted
plans, the enclosed porch will be 3.75 metres from the exterior side yard. The 1.2
metres setback is being provided to allow Mr. Vanderwal a typical interior side yard
setback in an urban residential setting as the decrease in setback proposed is located
to the exterior side yard which. That being said, as per section 3.22 of the Zoning Bylaw
"Notwithstanding any provision of this By-law to the contrary, the following minimum
setbacks shall apply to the specified building and structures.... No building containing a
residential or institutional use shall be located closer than 30 metres from any railway
property. In this case, we are varying the 30 metres to 15 metres (with CP's written
approval), therefore, the setback to the CP rail supersedes any side yard setbacks —
including the 1.2 metres.
Committee Member, Shelley Pohjola asked Staff where the sanitary sewer within the
road allowance is servicing and does the Municipality have plans to close and convey
that unopened road allowance.
Planner, Amanda Tapp responded servicing questions would be directly for Regional
Staff therefore I cannot confirm and while it is not my understanding this is the case,
unsure whether there is any plans to close and convey the unopened road allowance.
There were no further questions from the Committee or members of the public in
objection or support.
Moved by Gord Wallace, Seconded by Andre O'Bumsawin.
"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 Plans.
The application to permit a reduction of the required setback from the Canadian Pacific
Railway property line from 30 metres to 15 metres and a reduction to the exterior side
yard setback from 6 metres to 1.2 metres to accommodate a future house addition is
approved."
"Carried"
3.2 A2018-0029 Applicant/Owner: Peter and Rosalia Muhi
5 Summerlea Court, Courtice
Part Lot 35, Concession 2
Former Township of Darlington
The applicant, Rosalia Muhi, 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 Shelley Pohjola, Seconded by Andre O'Bumsawin.
"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 Plans.
The application to permit a four season sunroom by reducing the minimum required rear
yard setback from 7.5 metres to 6 metres is approved."
"Carried"
4. Adoption of Minutes of Previous Meeting
Moved by Shelley Pohjola, seconded by Andre O'Bumsawin.
"That the minutes of the meeting of the Committee of Adjustment, held on April 26, 2018
be approved"
5. Other Business:
x Appeal date for the foregoing applications is June 13, 2018.
x Next Meeting of the Committee of Adjustment is June 7, 2018.
6. Adjournment
Moved by Andre O'Bumsawin seconded by Shelley Pohjola.
"That the meeting adjourn at 7:27pm."