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HomeMy WebLinkAbout2018-04-26 MinutesAmended Minutes Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington April 26, 2018 Municipal Administrative Centre, Meeting Room 1C 40 Temperance Street, Bowmanville Present Todd Taylor Andre O'Bumsawin James Vinson Shelley Pohjola John Bate Away with notice Gord Wallace Amanda Watson: Acting Secretary -Treasurer 1. Call to Order Chairperson Vice Chairperson Member Chairperson, Todd Taylor called the meeting to order at 7:02pm 2. Disclosures of Pecuniary Interest There were no pecuniary interests stated for this meeting 3. Applications 3.1 A2018-0024 Applicant: Holland Homes Inc. Owner: Landry Lafalcia 66 King Lane, Hampton Part Lot 18, Concession 5 Former Township of Darlington Member Member Member The applicant, Katrina Metzner, 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. The applicant presented the committee and staff with a slightly revised front elevation and a landscape plan for the property, approved by CLOCA. Committee Member, Shelley Pohjola asked the applicant whether the provided Landscape Plan was a requirement of receiving the CLOCA permit. Planner, Amanda Tapp responded the CLOCA permit would be a requirement as the property is regulated by the conservation authority. The applicant, clarified that CLOCA was already prepared to issue the permit for the detached garage, as well as the landscape plan, they were just waiting for the results of this Committee of Adjustment Meeting. Committee Member, Shelley Pohjola asked Staff whether we were awre that the front elevation had changed. Planner, Amanda Tapp indicated we were not aware, however, provided the change in front elevation does not increase the height of the structure, we have no concerns. The applicant clarified that the changes only consisted of increasing the size of the garage doors and the dormers, no height change. 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 and the Official Plans. The application to permit an addition to an existing detached garage by increasing the maximum permitted floor area for all accessory buildings from 90 square metres to 100.33 square metres and by increasing the maximum permitted height from 4.5 metres to 4.7 metres is approved." "Carried" 3.2 A2018-0026 Applicant/Owner: Allen Vanderwal 64 Elgin Street, Bowmanville Part Lot 12, Concession 2 Former Township of Darlington 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. Member, Shelley Pohjola requested deferral of the application to the next Committee of Adjustment Meeting scheduled for May 24, 2018, to allow for proper circulation of notice as per the Planning Act requirements. The reason being, the original application only requested a decreased setback from the CP Rail, from 30 metres to 15 metres. Upon review of the application, Staff felt it appropriate to also include a decrease in the exterior side yard setback from 6 metres to 1.2 metres. This change in application was not made public through circulation. Applicant, Allen Vanderwal requested the application not be deferred and the Committee move forward with the application, without recirculation. Member, Shelley Pohjola, indicated that this would not meet the requirements of the Committee, under the Planning Act and therefore, she would move that the application be deferred. Moved by Shelley Pohjola, Seconded by Andre O'Bumsawin. "The application be differed to the next Committee of Adjustment Meeting, Scheduled for May 24, 2018 to allow for proper recirculation of the revised application, as per the Planning Act requirements." "Carried" 3.3A2018-0027 Applicant/Owner: WED Investments Ltd, Modo Bowmanville Towns Ltd., and Devon Daniell Part of 1535, 1569 & 1599 Green Road, Bowmanville Part Lot 16, Concession 12 Former Township of Darlington The applicant, Richard Yink, 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 the application to: i. Reduce the interior side yard setback from 1.5 metres to 1.2 metres for Blocks 4, 5 and 6; ii. Reduce the front yard setback to a porch along a public street from 2 metres to 1.2 metres for Blocks 6 and 7; iii. Reduce the front yard setback to a dwelling along a public street from 4 metres to 2.2 metres for Blocks 6 and 7; iv. Reduce the rear yard setback from 7.5 metres to 7.4 metres for Blocks 16 and 34A; v. Reduce the setback to a lot line formed by a radius at the intersection of two private streets from 4.5 metres to 4.3 metres for Block 37; vi. Reduce the front yard and exterior side yard setback from the dwelling to a lot line formed by a radius at the intersection of two private streets from 4 metres to 2 metres for Blocks 11, 12, 14, 16 and 34A; and vii. Reduce the front yard and exterior side yard setback from the porch to a lot line formed by a radius at the intersection of two private streets from 2 metres to 1.4 metres for Blocks 11, 12, and 14 Is approved." "Carried" 3.4 A2018-0028 Applicant/Owner: F.Troy Mayall 27 Sumac Road, Burketon Part Lot 19, Concession 10 Former Township of Darlington The applicant, Troy Mayall, 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, Shelley Pohjola asked whether the residential use on the property existing since November 15, 2001. Planner, Amanda Tapp responded that provided the zoning permissions to construct a dwelling were in place as of this date, the residential use did not have to exist on the property. Prior to November 15, 2001, the subject property was zoned "Residential Hamlet Exception (RH-3)" in Zoning By-law 84-63. Therefore the applicant is permitted to construct a new accessory structure on the property, subject to the approval of a Minor Site Plan Application for lands within the Oak Ridges Moraine. However, could not confirm the exact date of construction. The applicant confirmed that the dwelling was constructed more than 30 years ago. Chairperson, Todd Taylor, asked whether the applicant was aware of the recommended condition of approval, to remove the temporary structure within six months. The applicant confirmed he was aware of the condition and had no concerns. There were no further 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 new detached garage by increasing the maximum permitted floor area for all accessory buildings from 90 square metres to 112 square metres is approved, subject to the following condition: a) That the temporary structure be removed within six (6) months of the date of the hearing of this application. "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 12, 2018 be approved" 5. Other Business: x Appeal date for the foregoing applications is May 16, 2018. x Next Meeting of the Committee of Adjustment is May 24, 2018. x Tori has resigned and will no longer be Acting Secretary Treasurer of the Committee of Adjustment. 6. Adjournment Moved by Andre O'Bumsawin seconded by Shelley Pohjola. "That the meeting adjourn at 7:40 pm."