Loading...
HomeMy WebLinkAbout2019-04-18 MinutesMinutes of the Committee of Adjustment Corporation of the Municipality of Clarington April 18, 2019 Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville Present Todd Taylor Shelley Pohjola Gord Wallace Glynn Green Shahzad Mir Absent with notice Dave Eastman John Bate 1. Call to Order Chairperson Member Member Member Acting Secretary -Treasurer 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 A2018-0073 Applicant: D.G. Biddle & Associates Ltd. Owner: CannaPiece Corp. 580 Lake Road, Bowmanville Part Lot 7, Concession BF Former Township of Darlinat Member Member The owner 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 questioned Staff on the status of the Site Plan Approval. Acting Secretary -Treasurer, Shahzad Mir, replied that the Site Plan Approval is ongoing to the best of his knowledge. Committee member Shelley Pohjola questioned Staff on the status of the Environmental Assessment for the proposed Highway 401 interchange that may be located at Lambs Road/South Service Road. Committee of Adjustment Minutes April 18, 2019 Acting Secretary -Treasurer, Shahzad Mir, replied he did not have any knowledge as to the current status of the environmental assessment process. There were no further questions from the Committee or members of the public in objection or support. Moved by Glynn Green, Seconded by Shelly 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 a three storey industrial building by increasing the maximum height from 12.0 metres to 20.0 metres, reducing the minimum number of loading spaces from seven to three, and reducing the minimum exterior side yard from a loading space to a street line from 20 metres to 11.5 metres is APPROVED." "Carried" 3.2 A2019-0009 Applicant: Bryan & Sarah Szmyr Owner: Bryan & Sarah Szmyr 43 Horsey Street, Bowmanville, ON Part Lot 12, Concession 1 Former Township of Darlington The owner 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. Staff clarified that the application was to approve a variance from 60 square metres to 90 square metres, and not 60 square metres to 83.3 square metres as initially written on the application. Staff stated they still support the variance, as they felt the proposal still met the four tests of a minor variance. There were no questions from the Committee or members of the public in objection or support. Moved by Shelley Pohjola, Seconded by Gord Wallace. Committee of Adjustment Minutes April 18, 2019 "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 provide relief from Section 1 b) of Interim Control By-law (By-law 2018-083) that prohibits additions that alter the street facade and to increase the permitted floor area of accessory buildings from 60 square metres to 90 square metres is APPROVED subject the following conditions: 1. That the interior setback of the garage be constructed with a minimum interior side yard setback of 1.2 metres; 2. That the applicant submits a Grading Plan satisfactory to the Engineering Services Department in support of this application." "Carried" 3.3 A2019-0010 Applicant: 2501338 Ontario Ltd/City Homes Owner: 2501338 Ontario Ltd/City Homes 58 Lionel Byam Drive, Enniskillen, ON Part Lot 15, Concession Former Township of Darlington The owner 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 Gord Wallace, Seconded by Glynn Green. "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 increasing the maximum building height from 10.5 metres to 11.7 metres is APPROVED." "Carried" Committee of Adjustment Minutes April 18, 2019 3.4 A2019-0012 Applicant: 2649328 Ont. Inc. Owner: 2649328 Ont. Inc. 330 Lake Road, Bowmanville Part Lot 8, Concession BF Former Township of Bowmanville The owner 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. A Committee member questioned how Joey's World would ensure that capacity is not exceeded during their hours of operation. The owner replied that they have a system that monitors the number of occupants and staff would direct incoming patrons to return again. Committee member, Glynn Green, inquired about the type of the games and activities at Joey's World. The owner provided a brief reply on the type of games and activities at Joey's World. There were no further questions from the Committee or members of the public in objection or support Moved by Glynn Green, 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 reduce the number of parking spaces for Joeys World Indoor Playground from 101 spaces to 58 is APPROVED." "Carried" 3.3 A2019-0014 Applicant: Hickory Dickory Decks Oshawa Owner: Jack Brill 52 Washburn Path, Courtice Part Lot 33, Concession 3 Former Township of Darlington The representative for the applicant Hickory Dickory Decks, Matthew MacLeod, and the owner 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 of Adjustment Minutes April 18, 2019 Committee member Gord Wallace questioned what would be the impact of the proposal on the drainage of the property and would an approval set a precedent for future minor variance applications. Acting Secretary -Treasurer, Shahzad Mir, stated that it would be difficult to produce an informed opinion on the impact of the proposal on drainage as his education was not in the field of engineering. He stated Engineering Services did not provide any objection to the proposal from a drainage perspective. He stated an approval may set a precedent for future applications in the surrounding neighbourhood, but that the application should be judged only on its own merits. The applicant stated grass would not be removed under the deck and is his opinion drainage on the property and surrounding properties would not be affected. A Committee Member questioned whether there are any prohibitions or rules on fencing between properties, or anything preventing someone from building a six-foot fence. The owner replied that he was not aware of any prohibitions that would prevent such a proposal. There were no further questions from the Committee or members of the public in objection or support. Moved by Shelley Pohjola, Seconded by Gord Wallace. There were no questions from the Committee or members of the public in objection or support. "Based on our review of the application, all verbal comments received and the agency comments submitted, the application is not considered minor in nature, is not considered desirable for the appropriate development and use of the land, is not in conformity with the intent and purpose of Zoning By-law 84-63, but does maintain the general intent and purpose of the Regional and Municipal Official Plans. The application to increase the permitted deck projection from 1.5 metres to 4 metres leaving a 2 -metre setback to the rear property is DENIED." "Carried" 3.3 A2019-0015 Applicant: Michael Williamson, Gay Company Owner: Brightstar Newcastle Corp. 21 Brookhouse Drive, Newcastle Village Part Lot 26, Concession 1 Former Townshio of Darlinaton The representative for the applicant 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 of Adjustment Minutes April 18, 2019 There were no questions from the Committee or members of the public in objection or support. Moved by Gord Wallace, 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 reduce the number of visitor parking spots from 20 to 19 for a 4 storey apartment (condominium) containing 78 dwelling units is APPROVED." "Carried" 4. Adoption of Minutes of the Previous Meeting Moved by Shelley Pohjola, seconded by Gord Wallace. "That the minutes of the meeting of the Committee of Adjustment, held on March 21, 2019, be approved." 5. Other Business: x Dave Eastman is away with notice x John Bate is away with notice x Appeal date for the foregoing applications is May 8, 2019. x Next Meeting of the Committee of Adjustment is May 16, 2019. 6. Adjournment Moved by Glynn Green seconded by Shelley Pohjola. "That the meeting adjourns at 8:19 pm."