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HomeMy WebLinkAbout07-23-2020 MinutesClarftwn Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington July 23, 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 Toni Rubino Electronically present: Shelley Pohjola Dave Eastman John Bate Gord Wallace Noel Gamble 1. Call to Order Chairperson Acting Secretary -Treasurer Meeting Host Planning Staff Member 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 A2020-0025 Owner/applicant: David Reid 74 Auburn Lane, Courtice David Reid, 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. He provided additional explanation about the reason for wanting the deck and the stairs to the deck. He also explained that he has provisional approval from the Central Lake Ontario Conservation Authority for the proposed deck and stairs. 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 John Bate. Full text of decision: "That application A2019-0025 for minor variances to Section 3.1 g. iv) and Section 12.2 f. i) of Zoning By-law 84-63 to facilitate a proposed deck by increasing the permitted deck projection from 1.5 metres to 3.8 metres and increasing the permitted lot coverage from 40% to 45% 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" 3.2 A2020-0026 Owner/applicant: Bruce Syer 50 Horsey Street, Bowmanville Bruce Syer, 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 that the extra room is required for wheelchair access to vehicles inside the proposed garage. Committee Member, Shelley Pohjola, asked Mr. Syer if he had reviewed the recommendation report and was aware that the removal of the existing shed and garage is a condition of approval. Mr. Syer replied in the affirmative and that he has no objection to the condition. No other Committee Members had questions or comments. No other persons spoke in support or opposition of the application. Minutes from June 25, 2020 Paae 3 Motion to approve as recommended moved by John Bate, seconded by Shelley Pohjola. Full text of decision: "That application A2020-0026 to Section 3.1c of Zoning By-law 84-63 to increase the permitted floor area of accessory buildings from 60 square metres to 64 square metres 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; subject to the following condition: • That the existing shed and garage on the property be removed within 60 days of the issuance of the building permit." "Carried" 3.3 A2020-0027 Owner: Roger & Sandy Kelloway Applicant: Sunspace Sunrooms 29 Washburn Path, Courtice Sandy Kelloway, one of the owners, participated via the Teams app with audio only. She stated that Christopher Lalonde from Sunspace Sunrooms would speak to the application on the owners' behalf. Mr. Lalonde explained that he did the drawings but was having a difficult time with his audio connection to the meeting. Ms. Kelloway gave a brief verbal statement 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 Noel Gamble, seconded by Dave Eastman. Full text of decision: "That application A2020-0027 for a minor variance to Section 12.4.94. g. ii) of Zoning By-law 84-63 to permit the reduction of the minimum required rear yard setback from 6 metres to 3.25 metres to facilitate a proposed screened -in deck 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" Minutes from June 25, 2020 Page 4 3.4 A2020-0018 Owner/applicant: David & Stephanie Jukes 5 Gearings Lane, Courtice Todd Taylor, Chair of the Committee of Adjustment, spoke to the previous meeting which heard this application and rendered the decision to Table the application. Mr. Taylor noted that at that previous meeting, several public comments were made that included anecdotal descriptions and behaviours of the property owners. Mr. Taylor reminded people that the Committee is appointed by Clarington Council to determine whether applications meet the `four tests' of a Minor Variance and that personal opinions do not factor into their decisions. He concluded his remarks by stating he is reminding people of this mandate to prevent personal comments from being made and that he may interrupt members of the public if their comments stray towards discussions of certain individuals and not to the `four tests.' Stephanie Jukes, one of the owners, participated via the Teams app with audio and video. She explained that she and her family moved into the house in 2009 and David's parents moved out in 2020. She explained that she spoke with the Planning Department and with her neighbours prior to applying for the Minor Variance and proceeded with the application. She then spoke to the recommendation report prepared by Planning Staff and stated that neither her nor her husband have a home occupation. She said they have home offices, but they are not home occupations. She said there is no definition of home occupation in the Zoning By-law but feels what she is doing does not count as a home occupation and she disagrees with the report's conclusion. She continued by stating that they have upgraded the property and keep it well -maintained and that they have never had a noise or parking complaint or infraction. She said they are excellent citizens and that their application for a Bed and Breakfast would lead to tourism. Committee Member, Dave Eastman, asked if they had recently sold their house. Ms. Jukes responded in the affirmative, that they did recently sell the house. She said that the application for the Bed and Breakfast is for the house, not the owners and she feels the house lends itself to a Bed and Breakfast. Committee Member, Shelley Pohjola, asked why they are proceeding with the Minor Variance if they sold the house. Ms. Jukes explained that they paid for the Minor Variance and that permitting a Bed and Breakfast might be a selling feature. Ms. Pohjola asked if approval of the Minor Variance was a condition of a purchase and sale agreement, to which Ms. Jukes replied in the negative, that it was not a condition. Committee Member, Shelley Pohjola, asked Ms. Jukes if she owned a photography business, to which Ms. Jukes replied yes. Ms. Pohjola then asked what the business is called. Ms. Jukes stated, "Jukes Photography." Ms. Pohjola asked if the business had a website on the internet to which Ms. Jukes said yes. Ms. Pohjola then asked what address was listed on the business' website. Ms. Jukes replied 5 Gearings lane but insisted that it was only a mailing address for the business. No Committee Members had questions or comments. Aristide Russo, a neighbour at 7 Gearings Lane spoke via telephone in opposition to the application. He explained that he built his house on the best property in Clarington and Minutes from June 25, 2020 Page 5 his dream is to pass it along to the next generation. He does not want a bed and breakfast, a motel with honeymooners, or weddings next door. Mike Russo, a neighbour at 4 Gearings Lane, spoke via telephone in opposition to the application. He stated there was a by-law complaint in 2018 for noise and parking after seven weekends in a row of parties. He stated his property will lose value if the bed and breakfast is approved. He referred to Clarington Emergency Services' comment in the recommendation report that notes a change of use building permit would be required for a bed and breakfast. Mr. Russo said there is already a business operating out of the house, that there has been weddings that people paid for. He concluded by saying it is an estate lot and not for bed and breakfasts and that this is a major variance not a minor variance. Susana, a member of the public who had not provided her last name, had joined the meeting via telephone to speak to the application but was unavailable when called on. Randy Cenerelli, a neighbour at 3 Kresia Lane, spoke via telephone in opposition to the application. He stated that he lived on the neighbouring court and had been there since 2001. He said he does not want a business running on the subject property, that the noise is ongoing, and there is too much traffic. Pasquale Palermo, a neighbour at 6 Gearings Lane, spoke via telephone in opposition to the application. He stated that he is against it, that the area is residential, and it should be kept that way. John Hatterly, a neighbour at 2 Kresia Lane, had joined the meeting via telephone to speak to the application but was unavailable when called on. Jose Sanchez, a neighbour at 2 Gearings Lane spoke via telephone in opposition to the application. He stated that the applicants were good people, but a bed and breakfast wouldn't be good for the neighbourhood. He wondered aloud why they would apply for a bed and breakfast when they have sold the house. He stated that whoever buys the house should have to go through the process if they want a bed and breakfast. Pat Heimrath, a neighbour at 8 Kresia Lane, had joined the meeting via telephone to speak to the application but was unavailable when called on. Alice Lytwynchuk, a neighbour at 10 Kresia Lane, spoke via telephone in opposition to the application. She stated she was opposed to people coming from all over the world which makes it unsafe. She stated it is rezoning to commercial. Daria Martchenko, a member of the public who had not provided her address, had joined the meeting via telephone to speak to the application but was unavailable when called on. The Committee Host called again on Susana but was still unavailable. The Committee Host called again on John Hatterly, a neighbour at 2 Kresia Lane, who was now available to speak. He stated he lived in his house for 25 years. He stated that Minutes from June 25, 2020 Paae 6 there shouldn't be a bed and breakfast in the neighbourhood as could be for people anywhere in the world and that is not right. The Committee Host called again on Pat Heimrath, a neighbour at 8 Kresia Lane, who was now available to speak. He stated that he was opposed due to traffic and litter. No other persons spoke in support or opposition of the application. Committee Chair, Todd Taylor, asked the applicant, Ms. Jukes, if she would like to respond to the public comments, but asked her not to respond to each comment or person individually. Ms. Jukes stated there had never been a noise complaint or a by- law complaint against the property. She stated the allegations they have parties is ridiculous and have only had one wedding per year. She stated her community is thousands of people and they are asked all the time to host weddings and parties. She agreed that people would come from all over the world for her bed and breakfast as she would be catering to a very high -end clientele. She concluded by stating they have sold the house and are moving on, that economic development should be involved, and that town council was in favour. Committee Member, Shelley Pohjola, asked Staff Member, Mark Jull, to speak to Section 6.1 of the recommendation report insofar as it states the proposed Bed and Breakfast "appears" to conform to the policies in the Durham Region Official Plan. Mr. Jull explained that the Region's Official Plan only discusses Bed and Breakfast establishments in Prime Agricultural Areas and Natural Core Areas, but the general policies for Country Residential Subdivision (which is what the subject property is designated) would appear to support the use. He also explained that the more recent Clarington Official Plan supports the use in the area and the Municipal Official Plan needs to conform to the Regional Official Plan. Mr. Jull explained the report left open the possibility for a rezoning to permit the use as it appears to conform to both Official Plans. Ms. Pohjola asked if that would be a site -specific zoning by-law amendment, to which Mr. Jull replied in the affirmative. Motion to deny as recommended moved by John Bate, seconded by Shelly Pohjola. Full text of decision: "That application A2019-0018 for a minor variance to section 8.1 of Zoning By-law 84- 63 to permit a Bed and Breakfast Establishment on a property zoned Residential Estate be denied because it does not conform to the intent of the Zoning By-law, is not considered to be desirable for the residential use and thus not minor in nature." "Carried" 4. Adoption of Minutes of Previous Meeting Moved by Shelly Pohjola, seconded by Noel Gamble. Minutes from June 25, 2020 7 "That the minutes of the Committee of Adjustment, held on June 25, 2020 be Approved." "Carried" 5. Other Business: • Appeal date for the foregoing applications is August 12, 2020. • Next Meeting of the Committee of Adjustment is scheduled for August 20, 2020. 6. Adjournment Moved by Dave Eastman, seconded by Gord Wallace. "That the meeting adjourn at 7:57 pm."