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HomeMy WebLinkAbout2019-10-03 MinutesCiarftwn Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington October 3, 2019 Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville Present: Todd Taylor Chairperson John Bate Member Shelley Pohjola Member Dave Eastman Member Gord Wallace Member Mark Jull Acting Secretary -Treasurer Regrets: None 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 A2019-0027 Applicant: Clark Consulting Owner: Brian Jensen 9667 Concession Rd 10 & 1941 Concession Rd 10, Darlington The applicant, Hugh Stewart for Clark Consulting, gave a verbal presentation to the Committee in favour of 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 about the areas of land designated `wetland' in the Planning Justification report. Pohjola wanted to know who designated them `wetland.' Stewart explained it was based on Provincial policy and the advice of the Central Lake Ontario Conservation Authority (CLOCA), who had visited the site as part of the land division application and that the severance lines follow CLOCA's direction. Pohjola asked when the land division was approved. Stewart responded August, 2019. Pohjola asked if this minor variance was condition of approval of that land division. Stewart responded yes. Minutes from September 12, 2019 Paae 2 Pohjola had questions about where the tributary rivers are on the property. Stewart gave a detailed answer, and elaborated about CLOCA's concerns and what areas were zoned and designated Environmental Protection. Pohjola asked about a comment in the Justification Report that referred to the Oak Ridges Conservation Plan regarding different uses justifying a severance and asked if the proposed uses were really different. Stewart explained that one use was horse boarding and stable with an arena, and the other was field crops. Pohjola asked questions about road access to the properties, citing the provision in the Clarington Official Plan that severances are only granted if the resulting lots have access to an open and maintained road. Stewart explained that both parcels have access to open and year-round maintained roads. The owner, Brian Jensen, explained where Wotten Road is open and maintained, and where it is not. Jull explained that Region conditionally approved the land division application and the Municipality provided comments in support of the application, and the issues regarding natural features and road access were addressed during that process. No other committee members had no questions or comments. No other persons spoke in support or opposition of the application. Moved by Dave Eastman, 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, is considered desirable for the appropriate development or use of the land and maintains the general intent and purpose of the Zoning By-law, the Durham Region Official Plan and Clarington Official Plan. The application for a minor variance to Section 13.3.1 a) and b) of Zoning By-law 2005-109 to facilitate a Land Division application by increasing the maximum permitted lot area of an agricultural parcel from 40 hectares to 57.09 hectares and to permit an existing metal clad horse arena with a 0.0 metre side yard setback from the easterly lot line is APPROVED." "Carried" Minutes from September 12, 2019 Page 3 3.2 A2019-0030 Owner/Applicant: Tony Strickland 3813 Highway 2, Clarke The applicant, Tony Strickland, gave a verbal presentation to the Committee in favour of 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 how much work he had to complete on his own after the contractor stopped doing work. Strickland explained how much work he had to do. Committee Member Dave Eastman asked if the applicant was under the impression the contractor would obtain the necessary permits. Strickland explained that the contractor assured him he would get the building permits, but found out he never did. No other committee members had questions or comments. No other persons spoke in support or opposition of the application. Moved by Gord Wallace, 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, is considered desirable for the appropriate development or use of the land and maintains the general intent and purpose of the Zoning By-law, the Durham Region Official Plan and Clarington Official Plan. The application for a minor variance to Section 3.1 g.i) of Zoning By-law 84-63 to permit an existing deck (with a pool attached) by increasing the permitted deck projection from 1.5 metres to 5.5 metres is APPROVED. "Carried" 3.3 A2019-0033 Applicant: Weston Consulting Owner: S & A Developments (Jay Strasser) 2821 Highway 2, Bowmanville The applicant, Ryan Guetter, gave a verbal presentation to the Committee in favour of the application. The explanation for the proposed variance was similar to what was outlined in the report prepared for this application. He felt the staff report explained the situation well and that he and the owner were satisfied with the recommended condition. No other committee members had questions or comments. No other persons spoke in support or opposition of the application. Moved by Shelly Pohjola, 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, is considered desirable for the appropriate development or use of the land and maintains the general intent and Minutes from September 12, 2019 purpose of the Zoning By-law, the Durham Region Official Plan and Clarington Official Plan. The application for a minor variance to section 23H.1 of Zoning By-law 84-63 to permit an existing Pet Grooming business (as defined in section 16.5.46 of Zoning By- law 84-63) at the subject property is APPROVED, subject to the following condition: That the minor variance to permit the use Pet Grooming expire either when the holding provision is removed from the current (H)MP4 Zoning or when a Zoning By-law Amendment is approved for this site." "Carried" 3.4 A2019-0034 Applicant: Clinton Dochuck (Hom Drafting and Design) Owner: Todd Smith 252 Baldwin Street, Newcastle The applicant, Clinton Dochuck, gave a verbal presentation to the Committee arguing the application should not be tabled (deferred) as recommended in the report. Dochuck argued that the grading issue should not affect the application to build a deck. He also argued that the approved grading plan for the land division showed the catch basin in the front yard to be removed, suggesting that there was no issue with the grading. In response, Committee Member Shelly Pohjola read section 6.1 of staff's recommendation report that states that a ditch inlet was to remain in the front yard, but has been removed. Pohjola asked staff member Mark Jull about the grading issue on the lot. Jull explained that it was something that Engineering handles, but is aware that they require the grading and drainage issues to be fixed, regardless of this minor variance application. 4 Jacqueline Lake, resident at the neighbouring property addressed 254 Baldwin spoke in opposition to the application. She read from a letter that will form part of the file. The letter states they are opposed to the application for a minor variance due to a number of problems caused by the construction of the house, including the loss of a mature cedar hedge and that downspouts drain onto their property. The letter states that Clarington has been notified of the problems but they have not yet been addressed. She requested to be advised of any decision made by the Committee of Adjustment with respect to this application. Carey CB -Lamontagne, resident at the neighbouring property addressed 250 Baldwin spoke in opposition to the application. CB -Lamontagne emphasised that it is not simply the issue about a catch -basin in the front yard but that something needs to be done to fix the grading on the entire property. She read from a letter that will form part of the file. The letter states that she believes the proposed deck was always planned, but the applicants did not apply for the variance until now to avoid public scrutiny when building the house. The letter states the grading is not complete and water is draining onto 250 and 254 Baldwin and that this is causing damage to her basement. No other committee members had questions or comments. No other persons spoke in support or opposition of the application. Minutes from September 12, 2019 Moved by Gord Wallace, seconded by Dave Eastman. Paae 5 "Based on our review of the application, all verbal comments received and the agency comments submitted, the application for a minor variance to Section 12.2 f. i) of Zoning By-law 84-63 to permit an addition to two attached decks by increasing the permitted lot coverage from 40% to 40.79% is tabled until the lot grading and draining issues are resolved and the lot grading is certified by the Clarington Engineering Services Department." "Carried" 3.5 A2019-0035 Applicant: Clinton Dochuck (Hom Drafting and Design) Owner: Connie Brancato 51 Grady Drive, Newcastle The applicant, Clinton Dochuck, gave a verbal presentation to the Committee in favour of the application. The explanation for the proposed variance was similar to what was outlined in the report prepared for this application. Carey CB -Lamontagne, resident at 250 Baldwin asked what the address was. When informed, she did not have any questions or concerns. No committee members had questions or comments. No other persons spoke in support or opposition of the application. Moved by John Bate, seconded by Dave Eastman. "Based on our review of the application, all verbal comments received and the agency comments submitted, the application is deemed minor, is considered desirable for the appropriate development or use of the land and maintains the general intent and purpose of the Zoning By-law, the Durham Region Official Plan and Clarington Official Plan. The application for a minor variance to Section 12.2 f. i) of Zoning By-law 84-63 to permit the construction of an attached deck by increasing the permitted lot coverage from 40% to 43.29% is APPROVED." "Carried" 3.6 A2019-0036 Applicant/Owner: 2676582 Ontario (Inc.) (Edmond Vanhaverbeke) 118 King Avenue East, Newcastle The applicant, Edmond Vanhaverbeke, gave a verbal presentation to the Committee in favour of the application. The explanation for the proposed variance was similar to what was outlined in the report prepared for this application. He emphasized that he agreed with the need for the public walkway. Committee Chair Todd Taylor asked the applicant if the recommended condition was Minutes from September 12, 2019 Page 6 acceptable, to which the applicant replied in the affirmative. Committee Member Dave Eastman asked about the ownership of the walkway. Vanhaverbeke explained that it would be privately owned and maintained. No other committee members had questions or comments. No other persons spoke in support or opposition of the application. Moved by Dave Eastman, 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, is considered desirable for the appropriate development or use of the land and maintains the general intent and purpose of the Zoning By-law, the Durham Region Official Plan and Clarington Official Plan. The application for a minor variance to Section 16.3(a)(ii) of Zoning By-law 84-63 to decrease the minimum required side yard setback for a building from 1.25 metres to 0.67 metres to facilitate a severance application is APPROVED." "Carried" 4. Adoption of Minutes of Previous Meeting Moved by Dave Eastman, seconded by Gord Wallace. "That the minutes of the Committee of Adjustment, held on September 12, 2019, be APPROVED." "Carried" 5. Other Business: x Appeal date for the foregoing applications is October 23, 2019 x Next Meeting of the Committee of Adjustment is TBD (likely October 24, 2019) 6. Adjournment Moved by Shelly Pohjola, seconded by Dave Eastman. "That the meeting adjourn at 8:02pm."