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HomeMy WebLinkAbout2018-07-05 MinutesMinutes of the Committee of Adjustment Corporation of the Municipality of Clarington July 5, 2018 Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville Present Todd Taylor Chairperson Andre O'Bumsawin Vice Chairperson James Vinson Member John Bates Member Shelley Pohjola Member Gord Wallace Member Shahzad Mir Acting Secretary -Treasurer Amanda Tapp Planner 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 A2018-0032 Applicant/Owner: Nazarene Keith Property Location: 211 Millburn Drive, Bowmanville Part Lot 16, Concession 1 Former Township of Darlington The applicant, Nazarene Keith, 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. Todd Taylor asked the applicant if she had read the staff report and whether she understood that the Committee is tasked with determining whether the application is minor in nature and if she understood that the application is subject to fulfilling conditions, prior to the initiation of the catering business within the dwelling. Nazarene Keith, replied in the affirmative. Gord Wallace questioned whether Nazarene was currently in operation. Nazarene Keith replied in the negative, explaining the process by which led her to stand before the Committee of Adjustment. Shelly Pohjola questioned Nazarene whether she had stopped her business. Nazarene replied that she had not yet started her business as she has been waiting on approval from the Committee of Adjustment. Andre O'Bumsawin asked staff to explain the intent of the parking allocation in section 9.3.2 of the report, and its potential impact on traffic in the residential neighbourhood. Amanda Tapp responded that the intent was to highlight that should the need arise the property has parking. However, as was described in the report, the majority of orders would be delivered to their destination. Nazarene Keith reiterated this by stating that she did not want clients entering and leaving her property, and she intends to deliver her product to her client's destination. Shelly Pohjola asked Staff to explain the correspondence received regarding neighbour concerns. Amanda replied that Staff received two written submissions from concerned neighbouring residents. One resident, who had received notification of the minor variance application was concerned of the traffic impacts of the home occupation as well as concerns related to a residential property being used to perform commercial cooking as it relates to the Ontario Fire Code. Staff explained to the resident that the applicant's catering product would almost always be delivered to clients, and would rarely be picked -up from her home. Thus, traffic impacts would be insignificant. Another neighbouring resident had concerns regarding the traffic impacts of the business, as well as a tent that had been erected in the backyard of the residence. Staff explained that it was our understanding that a tent had been erected for a barbecue being held during that upcoming weekend, and would be removed after the weekend, and would not be part of the business moving forward if approved. Shelly Pohjola questioned staff regarding the fire concerns. Staff replied that Clarington Emergency and Fire Services had no concerns with the home occupation business. But did state that the owner must install a commercial cooking exhaust system and fire suppression system to the satisfaction of the Building Division and Emergency Services. Andre O'Bumsawin questioned staff whether the applicant could erect signage on the residence. Amanda Tapp replied in the affirmative that it is possible for the applicant to erect a sign. However, the applicant stated she will not put up any signage on her property. James Vinson asked the applicant the name of her business. The applicant responded that the name of her business is Nyammings Catering. Todd Taylor asked if any member of the public would like to make a statement in support or objection to the proposal. There were no additional questions from the Committee or members of the public in objection or support. Moved by Andre O'Bumsawin, 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 catering business as a home occupation within the existing dwelling in the "Urban Residential Exception (R2-12)" is approved subject to fulfilling the following condition prior to the initialization of the catering business within the dwelling: 1) A building permit must be obtained for a commercial cooking exhaust system which must be installed, inspected and approved; and 2) The owner must install a portable fire extinguisher." "Carried" 3.2 A2018-0033 Owner/Applicant: Bowmanville Lakebreeze West Village Ltd. 3 Larkin Lane, Bowmanville Part Lot 8, Concession BF Former Township of Darlington The Chairperson confirmed that the applications A2018-0033 through A2018-0035 be heard together. The Committee agreed. A representative for the applicant, Richard Vink, explained the applications. The explanation for the proposed variances was similar to what was outlined in the report prepared for these applications. Gord Wallace questioned staff regarding the purpose for a 4-metre minimum yard setback to the dwelling. In other words, what was the point in having a regulation, if there was a minor variance application requesting a relief from such regulation? Amanda Tapp responded that the application for a minor variance to the exterior side yard setback is due to the dwelling's location near the location of the sight triangle. Sight triangle dimensions are determined by the Clarington Engineering Services Department. The application had been circulated to Clarington Engineering Services Department and returned with no objections to the reduction of the exterior side yard setback. Furthermore, she stated that that minimum required exterior side yard setback can vary from subdivision to subdivision and that in the future the minimum required exterior side yard setback may be reduced for some subdivision developments. She stated, the Committee of Adjustment is free to make their decision in support of or against the application; However, Staff has written a report in approval of the minor variance. There were no 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 by decreasing the minimum required exterior side yard setback from 4 metres to 3.43 metres in the "Urban Residential Exception (R2-82)" is approved." "Carried" 3.3 A2018-0034 Owner/Applicant: Bowmanville Lakebreeze West Village Ltd. 2 Larkin Lane, Bowmanville Part Lot 8, Concession BF Former Township of Darlington The Chairperson confirmed that the applications A2018-0033 through A2018-0035 be heard together. There were no 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 by decreasing the minimum required exterior side yard setback from 4 metres to 3.58 metres in the "Urban Residential Exception (R2-82)" is approved." "Carried" 3.4 A2018-0035 Owner/Applicant: Bowmanville Lakebreeze West Village Ltd. 2 Cryderman Lane, Bowmanville Part Lot 8, Concession BF Former Township of Darlington The Chairperson confirmed that the applications A2018-0033 through A2018-0035 be heard together. There were no members of the public in objection or support. Moved by James Vinson, 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 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 2.61 metres in the "Urban Residential Exception (R2-82)" is approved." 4. Adoption of Minutes of the Previous Meeting Moved by Andre O'Bumsawin, seconded by Gord Wallace. "That the minutes of the meeting of the Committee of Adjustment, held on June 7, 2018, be approved." 5. Other Business: • Appeal date for the foregoing applications is July 25, 2018. • Next Meeting of the Committee of Adjustment is TBD. 6. Adjournment Moved by Andre O'Bumsawin seconded by Gord Wallace. "That the meeting adjourns at 7:38 pm."