HomeMy WebLinkAbout06-25-2020 MinutesClarftwn
Minutes of the Committee of Adjustment
Corporation of the Municipality of Clarington
June 25, 2020
Municipal Administrative Centre, Council Chambers
40 Temperance Street, Bowmanville
Preliminary Note
In response to the Province's Emergency Order and to maintain physical distancing
during the COVID-19 pandemic, this Committee of Adjustment meeting took place in an
electronic format. Members listed as being "electronically present," as well as applicants
and members of the public, participated though the teleconferencing platform Microsoft
Teams, which allows participation through a computer's video and audio, or by
telephone.
Present:
Todd Taylor
Mark Jull
Annette Van Dyk
Catherine Huynh
Electronically present:
Shelley Pohjola
Dave Eastman
John Bate
Gord Wallace
Regrets:
Noel Gamble
1. Call to Order
Chairperson
Acting Secretary -Treasurer
Meeting Host
Planning Staff 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.
Member
Member
Member
Member
Member
Minutes from June 25, 2020 Page 2
3. Applications:
3.1 A2020-0010 Owner/applicant: Robin & Wendy Rickard
32 Robert Street, Newcastle
Robin Rickard, the applicant, participated via the Teams app with both video and audio.
He gave a verbal presentation to the Committee in favour of the application, which
provided similar arguments and details as in the recommendation report prepared for
this application.
No Committee Members had questions or comments.
No other persons spoke in support or opposition of the application.
Motion to approve as recommended moved by Dave Eastman, seconded by Gord
Wallace.
Full text of decision:
"That application A2020-0010 to expand the legal non -conforming residential building
be approved as it is fulfils applicable criteria."
"Carried"
3.2 A2020-0023 Owner: Janice Visca (Cadby Building Corporation)
Applicant: Antonio Visca
20 North Street, Newcastle
Antonio Visca, the applicant, participated via the Teams app with both video and audio.
He gave a verbal presentation to the Committee in favour of the application, which
provided similar arguments and details as in the recommendation report prepared for
this application.
No Committee Members had questions or comments.
No other persons spoke in support or opposition of the application.
Motion to approve as recommended moved by John Bate, seconded by Shelley
Pohjola.
Full text of decision:
"That application A2020-0023 to expand the legal non -conforming residential building
be approved as it is fulfils applicable criteria."
"Carried"
Minutes from June 25, 2020 Page 3
3.3 A2020-0003 Owner: Westmoreland Commercial Inc.
Applicant: Ben Ciceri
105 Baseline Road East, Bowmanville
Ben Ciceri, the applicant, participated via the Teams app with audio only. He gave a
verbal presentation to the Committee in favour of the application, which provided similar
arguments and details as in the recommendation report prepared for this application. He
added additional information that they purchased the property in 2016 and
misunderstood the zoning regulations for outdoor storage. They received a complaint
via Municipal Law Enforcement in 2019 and approached Planning for a solution. They
are working on a building at 505 Lake Road and the site plan is underway. Mr. Ciceri
explained the fence Planning requested would be completed by the end of the week.
Committee Member, Dave Eastman, asked Mr. Ciceri if he was aware the variance to
permit outdoor storage without a building is only temporary, for two years. Mr. Ciceri
answered in the affirmative and stated they do not intend to take the entire two years as
they want to vacate the property as quickly as they can.
Committee Member, Shelley Pohjola, asked Mr. Ciceri if he intended on constructing a
new entrance to the site. Mr. Ciceri explained they do intend to do so, but it would some
time from now as they are focused on the site plan for 505 Lake Road, but they will
consult with the Municipality before they begin work on any new entrance to the subject
property. Ms. Pohjola then asked Mr. Ciceri if he intended to change any grading on the
site. Mr. Ciceri explained it would only be done when the new entrance is constructed
and they would consult with the Municipality before doing any grading work.
No other Committee Members had questions or comments.
No other persons spoke in support or opposition of the application.
Motion to approve as recommended moved by Shelley Pohjola, seconded by Dave
Eastman.
Full text of decision:
"That application A2020-0003 for a minor variance to Section 24.1.b.x) and 24.3.a. of
Zoning By-law 84-63 to permit outside storage on an industrial lot without a principal
building for a period of two years from the date the decision for this minor variance is
final and binding be approved as it is minor in nature, is 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 on the
following condition:
• That a 2.4 metre (8 foot) high solid wood fence be constructed along the front lot
line and a front portion of the easterly side lot line to screen the materials from
public view be installed within sixty (60) days from the date of this Committee of
Adjustment meeting."
"Carried"
Minutes from June 25, 2020 Page 4
3.4 A2020-0017 Owner/applicant: Mohamed-Jimi Arey
19 Harvey Jones Avenue, Bowmanville
Mohamed-Jimi Arey, the applicant, participated via telephone. He gave a verbal
presentation to the Committee in favour of the application. He explained he is the first
owner of the house and asked the builder to put a door on one side and was denied by
the builder. He later asked the builder to put a door on the other side and the builder
explained it would require approvals from the Municipality and denied the request. Mr.
Arey waited until all construction and grading was completed, then began the process of
applying for approvals from the Municipality for the side door and found the steps would
require an additional encroachment of 10 centimetres.
No Committee Members had questions or comments.
No other persons spoke in support or opposition of the application.
Motion to approve as recommended moved by Dave Eastman, seconded by Gord
Wallace.
Full text of decision:
"That application A2020-0017 for minor variance to Section 3.1g.iv) of Zoning By-law
84-63 to increase the maximum permitted side yard projection to allow a side yard
setback of 0.5 metres to facilitate steps for an apartment -in-house entrance be
approved as it is minor in nature, 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."
"Carried"
3.5 A2020-0020 Owner/applicant: Lindvest Properties
116 Grady Drive, Newcastle
Mark Diloreto, on behalf of the applicant Lindvest Properties, participated via telephone.
He gave a verbal presentation to the Committee in favour of the application, which
provided similar arguments and details as in the recommendation report prepared for
this application.
No Committee Members had questions or comments.
No other persons spoke in support or opposition of the application.
Motion to approve as recommended moved by Dave Eastman, seconded by Gord
Wallace.
Full text of decision:
"That application A2020-0020 for a minor variance to Section 13.4.46 (b) of Zoning By-
Minutes from June 25, 2020
Paae 5
law 84-63 to permit the construction of a single detached dwelling by increasing the lot
coverage from 40% to 43% be approved as it is minor in nature, is 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."
"Carried"
3.6 A2020-0022 Owner/applicant: Bill Peddigrew
2 Washburn Path, Courtice
Bill Peddigrew, the applicant, participated via the Teams app with both video and audio.
He gave a verbal presentation to the Committee in favour of the application, which
provided similar arguments and details as in the recommendation report prepared for
this application.
No Committee Members had questions or comments.
Staff Member, Mark Jull, explained that, after the recommendation report was written,
staff received a supportive email from Danica Jimenez who lives nearby at 57
Washburn Path. The email stated the neighbour has no issues with their application and
wished them luck.
No other persons spoke in support or opposition of the application.
Motion to approve as recommended moved by John Bate, seconded by Shelley
Pohjola.
Full text of decision:
"That application A2019-0022 for a minor variance to Section 3.1 g. iv) of Zoning By-law
84-63 to permit the construction of a deck by increasing the permitted deck projection
from 1.5 metres to 3.65 metres leaving a 3.05 metre rear yard setback be approved as
it is minor in nature, is 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."
"Carried"
3.7 A2020-0024 Owner: Ramesh & Sudha Vemuri
Applicant: Michael Saunders (Andelwood Homes)
2 Odium Street, Solina
Ramesh Vemuri, the owner, participated via the Teams app with both video and audio.
He explained they bought the property in 2017 and want to build a house and hired
Andelwood Homes.
Minutes from June 25, 2020 Page 6
Mike Saunders, on behalf of Andelwood Homes, participated via telephone. Mr.
Saunders explained he was the designer of the building and the walkout basement is at
the southwest corner where the grade is lowest. The remaining, majority of the
proposed dwelling will comply with the Zoning By-law's maximum height of 10.5 metres.
No other persons spoke in support or opposition of the application.
Motion to approve as recommended moved by Gord Wallace, seconded by John
Bate.
Full text of decision:
"That application A2020-0024 for minor variance to section 9.2 g) of Zoning By-law 84-
63 to increase the permitted building height from 10.5 metres to 12.5 metres to permit a
proposed single detached dwelling be approved as it is minor in nature, 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."
"Carried"
4. Adoption of Minutes of Previous Meeting
Motion to approve minutes of previous meeting moved by Shelley Pohjola, seconded
by Dave Eastman.
"That the minutes of the Committee of Adjustment, held on June 4, 2020 be Approved."
"Carried"
5. Other Business:
• Appeal date for the foregoing applications is July 15, 2020.
• Next Meeting of the Committee of Adjustment has not yet been set.
Staff Member, Mark Jull, explained that the backlog of applications caused by the
Province's Emergency Order in response to the COVID-19 pandemic have now all been
heard by the Committee. The next meeting date will be set based on a new application
received on June 25, 2020.
6. Adjournment
Moved by Dave Eastman, seconded by John Bate.
"That the meeting adjourn at 7:42 pm."