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HomeMy WebLinkAbout2018-03-22 MinutesMinutes of the Committee of Adjustment Corporation of the Municipality of Clarington March 22, 2018 Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville Present Todd Taylor Andre O'Bumsawin James Vinson John Bates Shelley Pohjola Absent with notice Gord Wallace Victoria Stockwell: Acting Secretary -Treasurer 1. Call to Order Chairperson Vice Chairperson Member Member 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 3.1 A2018-0005 Agent: Nicholas Laliberte Owner: Treasure Hill Homes 30 Bill Cole Court, Bowmanville Part Lot 13, Concession 3 Former Townshio of Darlinaton Member The Chairperson suggested that applications A2018-0005 and A2018-0006 be heard together. The Committee agreed. Representative for the agent, Ian Robertson 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 Andre O'Bumsawin, Seconded by John Bates. "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 the construction of a single detached dwelling by decreasing the minimum required exterior side yard setback from 4 metres to 2.32 metres in the R2-54 zone is approved." "Carried" 3.2 A2018-0006 Agent: Nicholas Laliberte Owner: Treasure Hill Homes 30 Bill Cole Court, Bowmanville Part Lot 13, Concession 3 Former Township of Darlington The Chairperson confirmed that the application was to be heard with application A2018- 0005. There were no 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, 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 the construction of a single detached dwelling by decreasing the minimum required exterior side yard setback from 4 metres to 1.81 metres in the R2-54 zone is approved." "Carried" 3.3 A2018-0008 Owner/Applicant: Aspen Gardens Ltd. 80 & 84 Aspen Springs Drive, Bowmanville Part Lot 15 & 16, Concession 1 Former Townshio of Darlinaton Representative for the applicant, Richard Vink 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. Shelley Pohjola requested more information on the issues that pertained to parking. Richard Vink explained that the majority of units have been sold and residents were requesting additional parking spaces. He also noted that the development has an additional 30-40 parking spaces over what is required by Zoning By-law 84-63. There were no additional questions from the Committee or members of the public in objection or support. Moved by Shelley Pohjola 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 Plans. The application to permit the expansion of parking area by reducing the minimum Landscape Open Space from 50% to 40% for the 2 apartment (condominium) buildings is approved." "Carried" 3.4 A2018-0009 Owner: Salem United Reformed Church Applicant: William Vogel 2607 Concession Road 4, Darlington Part Lot 11, Concession 3 Former Township of Darlington Representative for the applicant, John Louws agreed with comments made in the report and had no further comments. John Bates questioned the potential impact to the burial plot located to the back of the church. John Louws confirmed that the burial plot would not be impacted by the proposed development as there was an appropriate setback from to the building to the cemetery Shelley Pohjola asked staff explain the meaning of a primary heritage resource. Tori Stockwell explained that a primary heritage resource is a building that has been recognized by the Municipality as culturally significant but has not been designated a heritage resource. There is nothing in the Official Plan or Zoning By-law that directly limits development on a primary heritage resource. The Heritage Planner was consulted and found no issues with the proposed development. Shelley Pohjola requested confirmation that the property is zoned "A" but cannot be used as a farm. Tori Stockwell confirmed that the property is zoned "A" but is less than 2 hectares in size and therefore Zoning By-law 84-63 does not permit farm buildings to be developed on the land. Andre O'Bumsawin asked the agent to confirm that the trailer would be removed within six months of the date of this hearing. John Louws agreed that the trailer would be removed within six months of the date of this hearing. Todd Taylor asked if any member of the public would like to make a statement in support or objection to the proposal. Jennifer Craig a resident of Concession Road 4 wanted further clarification on what was being proposed on the subject lands. She wanted confirmation that the parking was not being increased and further clarification with regards to any trees being removed from the property. John Louws confirmed that there will be no additional parking and that the development might require the removal of five to six trees. Jennifer Craig wanted confirmation that there would be no additional outdoor lighting. John Louws confirmed that there would be no additional lighting. Jennifer Craig requested the dimensions of the proposal and wanted to know the need for the addition. John Louws confirmed the addition will measure 27 feet by 30 feet. The proposed addition would be for meeting rooms. There were no additional questions from the Committee or members of the public in objection or support. Moved by John Bates 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 and the Official Plans. The application to permit an addition to a place of worship by reducing the minimum rear yard setback from 15 metres to 11.2 metres by increasing the maximum permitted coverage from 5 percent to 12 percent is approved, subject to the following condition. a) That the existing temporary portable be removed from the property within six months of the date of the hearing of this application." "Carried" 3.5 A2018-0011 Owner/Applicant: Matthew Wilson 1944 Concession Road 6, Solina Part Lot 25, Concession 6 Former Township of Darlington The applicant made a verbal presentation to the Committee regarding the application. The explanation for the proposed variance was to provide additional storage space for the items currently located in the rear yard and equipment that is currently stored in the basement which is damp. The development would allow the applicant to tidy the yard and protect his equipment and tools. Todd Taylor asked the applicant if he had read the staff report and whether he understood that the Committee is tasked with determining whether the application is minor in nature. Matthew Wilson confirmed that he had read the report and understood the Committees responsibility. Shelley Pohjola inquired about the age of the house. Matthew Wilson responded that the house was built in 1864 James Vinson inquired whether the house was the Old Armor Homestead. Matthew Wilson was unsure. John Bates confirmed that Figure 9 in the report was not the applicant's house. Matthew Wilson clarified that Figure 9 was an image of the house across the street from his dwelling. The applicant presented a letter to Committee signed by the residents of the following properties: x 1936 Concession Road 6; x 6082 Solina Road; x 6042 Solina Road; and x 1942 Concession Road 6; The letter stated that each resident has no issue with the proposed development. Todd Taylor circulated the letter to Committee Shelley Pohjola asked whether staff had proposed any other options to the applicant. Matthew Wilson acknowledged that Staff had suggested removing the second storey of the proposal to reduce the size of the development, but the second storey is necessary in order to store the applicants camping equipment. Shelley Pohjola asked whether Staff had suggested attaching the garage to the dwelling. Matthew Wilson acknowledged that Staff had made that suggestion but was not willing to consider the option as the foundation of the house is very old and it was not a viable alternative. Andre O'Bumsawin commented on the fact that the garage was almost doubling the total floor area of accessory buildings permitted in the `RH' zone of Zoning By-law 84- 63. Matthew Wilson commented that the base of the building is only 7 square metres larger than what is permitted in Zoning By-law 84-63. Tori Stockwell confirmed that total floor area includes all finished floor area of an accessory building including the second storey. Todd Taylor asked whether the applicant had any aspirations to run a business from the proposed garage. Matthew Wilson said that the garage would be used exclusively for storage and would not be used for business purposes. Todd Taylor asked whether any resident would like to speak in support or objection to the application. Pat Dyck made a representation in objection to the proposed development. The resident commented that the applicant is a good neighbour but she had concerns with regards to the size and height of the proposal and the impact it would have on the streetscape. Further, the surrounding area is comprised of single detached dwelling and the proposals could be used as a second dwelling in the future which would alter the community. The proposal would be out of character with the surrounding area. Matthew Wilson stated that he had no intention of making the proposed development livable and that it would be strictly used for storage. The neighbour located to the west has a detached garage and he signed the letter stating he has no issue with the proposed development. Pat Dyck commented that the neighbour located to the west applied for a larger garage which ended up being reduced in size. There were no additional 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 not deemed minor in nature, is not considered desirable for the appropriate development and use of the land and does not maintain the general intent and purpose of the Zoning By-law. The application to permit the construction of a new detached garage by increasing the maximum permitted floor area for all accessory buildings from 90 square metres to 167 square metres and the maximum permitted height from 4.5 metres to 6.2 metres is denied." "Carried" 3.6 A2018-0012 Applicant: Enzo Bertucci, Kaitlin Corporation 195 Yacht Drive, Bowmanville Part Lot 1, Concession BF Former Township of Darlington The Chairperson suggested that applications A2018-0012 through A2018-0022 be heard together. The Committee agreed. Representative for the applicant, Richard Vink explained the application. The explanation for the proposed variance was similar to what was outlined in the report prepared for these applications. Shelley Pohjola verified that the applicant had initially proposed a 4 metre wall and were now seeking minor variances due to grading changes to accommodate a berm, and that the amendment had been requested by Staff. Richard Vink confirmed that Staff had requested that the wall was replaced by a berm. Shelley Pohjola further confirmed that it was altered due to a Staff request. Richard Vink verified this. There were no additional questions from the Committee or members of the public in objection or support. Moved by James Vinson 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 the construction of a single detached dwelling in the "Urban Residential Exception (R2-54)" zone by increasing the maximum Height from 10.5 metres to 12.17 metres is approved." "Carried" 3.7 A2018-0013 Applicant: Enzo Bertucci, Kaitlin Corporation 167 Yacht Drive, Bowmanville Part Lot 8, Concession BF Former Township of Darlington The Chairperson confirmed that the applications A2018-0012 through A2018-0022 be heard together. There were no questions from the Committee or members of the public in objection or support. Moved by James Vinson Seconded by John Bates. "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 the construction of a single detached dwelling in the "Urban Residential Exception (R2-54)" zone by increasing the maximum Height from 10.5 metres to 11.91 metres is approved." "Carried" 3.8 A2018-0014 Applicant: Enzo Bertucci, Kaitlin Corporation 155 Yacht Drive, Bowmanville Part Lot 8, Concession BF Former Township of Darlington The Chairperson confirmed that the applications A2018-0012 through A2018-0022 be heard together. There were no questions from the Committee or members of the public in objection or support. Moved by James Vinson 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 the construction of a single detached dwelling in the "Urban Residential Exception (R2-54)" zone by increasing the maximum Height from 10.5 metres to 11.91 metres is approved." "Carried" 3.9 A2018-0015 Applicant: Enzo Bertucci, Kaitlin Corporation 139 Yacht Drive, Bowmanville Part Lot 8, Concession BF Former Township of Darlington The Chairperson confirmed that the applications A2018-0012 through A2018-0022 be heard together. There were no questions from the Committee or members of the public in objection or support. Moved by James Vinson Seconded by John Bates. "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 the construction of a single detached dwelling in the "Urban Residential Exception (R2-54)" zone by increasing the maximum Height from 10.5 metres to 11.66 metres is approved." "Carried" 3.10 A2018-0016 Applicant: Enzo Bertucci, Kaitlin Corporation 119 Yacht Drive, Bowmanville Part Lot 8, Concession BF Former Township of Darlington The Chairperson confirmed that the applications A2018-0012 through A2018-0022 be heard together. 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 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 the construction of a single detached dwelling in the "Urban Residential Exception (R2-54)" zone by increasing the maximum Height from 10.5 metres to 11.27 metres is approved." "Carried" 3.11 A2018-0017 Applicant: Enzo Bertucci, Kaitlin Corporation 115 Yacht Drive, Bowmanville Part Lot 8, Concession BF Former Township of Darlington The Chairperson confirmed that the applications A2018-0012 through A2018-0022 be heard together. There were no questions from the Committee or members of the public in objection or support. Moved by James Vinson 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 the construction of a single detached dwelling in the "Urban Residential Exception (R2-54)" zone by increasing the maximum Height from 10.5 metres to 10.91 metres is approved." "Carried" 3.12 A2018-0018 Applicant: Enzo Bertucci, Kaitlin Corporation 59 Yacht Drive, Bowmanville Part Lot 7, Concession BF Former Township of Darlington The Chairperson confirmed that the applications A2018-0012 through A2018-0022 be heard together. There were no questions from the Committee or members of the public in objection or support. Moved by James Vinson 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 the construction of a single detached dwelling in the "Urban Residential Exception (R2-55)" zone by increasing the maximum Height from 10.5 metres to 11.17 metres is approved." "Carried" 3.13 A2018-0019 Applicant: Enzo Bertucci, Kaitlin Corporation 55 Yacht Drive, Bowmanville Part Lot 7, Concession BF Former Township of Darlington The Chairperson confirmed that the applications A2018-0012 through A2018-0022 be heard together. 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 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 the construction of a single detached dwelling in the "Urban Residential Exception (R2-55)" zone by increasing the maximum Height from 10.5 metres to 12.68 metres is approved." "Carried" 3.14 A2018-0020 Applicant: Enzo Bertucci, Kaitlin Corporation 51 Yacht Drive, Bowmanville Part Lot 7, Concession BF Former Township of Darlington The Chairperson confirmed that the applications A2018-0012 through A2018-0022 be heard together. There were no questions from the Committee or members of the public in objection or support. Moved by James Vinson 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 the construction of a single detached dwelling in the "Urban Residential Exception (R2-55)" zone by increasing the maximum Height from 10.5 metres to 11.8 metres is approved." "Carried" 3.15 A2018-0021 Applicant: Enzo Bertucci, Kaitlin Corporation 47 Yacht Drive, Bowmanville Part Lot 7, Concession BF Former Township of Darlington The Chairperson confirmed that the applications A2018-0012 through A2018-0022 be heard together. 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 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 the construction of a single detached dwelling in the "Urban Residential Exception (R2-55)" zone by increasing the maximum Height from 10.5 metres to 12.86 metres is approved." "Carried" 3.16 A2018-0022 Applicant: Enzo Bertucci, Kaitlin Corporation 43 Yacht Drive, Bowmanville Part Lot 7, Concession BF Former Township of Darlington The Chairperson confirmed that the applications A2018-0012 through A2018-0022 be heard together. There were no questions from the Committee or members of the public in objection or support. Moved by James Vinson Seconded by John Bates. "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 the construction of a single detached dwelling in the "Urban Residential Exception (R2-55)" zone by increasing the maximum Height from 10.5 metres to 12.27 metres is approved." "Carried" 4. Adoption of Minutes of Previous Meeting Moved by Andre O'Bumsawin, seconded by James Vinson. "That the minutes of the meeting of the Committee of Adjustment, held on February 15, 2018 be approved." 5. Other Business: x Appeal date for the foregoing applications is April 18, 2018. x Next Meeting of the Committee of Adjustment is April 12, 2018. 6. Adjournment Moved by Andre O'Bumsawin seconded by Shelley Pohjola. "That the meeting adjourn at 7:58 pm."