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HomeMy WebLinkAbout08-20-2020 MinutesCiarftwn Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington August 20, 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 Catherine Huynh Annette Van Dyk Mark Jull Toni Rubino Anne Taylor Scott Electronically present: Shelley Pohjola Dave Eastman Noel Gamble Gord Wallace John Bate 1. Call to Order Chairperson Acting Secretary -Treasurer Meeting Host Planning Staff Member Planning Staff Member Planning Staff Member Chairperson, Todd Taylor called the meeting to order at 7:00 pm. 2. Disclosures of Pecuniary Interest Member Member Member Member Member Chairperson, Todd Taylor declared a pecuniary interest regarding A2020-0019 (4168 Highway 2, Clarke). Minutes from May 14, 2020 Page 2 3. Applications: 3.1 A2020-0028 Owner/applicant: Robert and Janie Saunders 107 Courtney Street, Bowmanville Robert Saunders, the applicant and owner of the property, participated by telephone. He gave a verbal presentation to the Committee in favour of the application. The applicant's presentation provided similar arguments and details as provided in the recommendation report prepared for this application. Committee Member, Dave Eastman, asked staff to clarify how staff would ensure that the grading/drainage pattern within the lot is not altered, per Engineering comments. Staff member, Catherine Huynh, replied that Clarington's Engineering Services Department would review the grading pattern at the building permit stage. 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 Noel Gamble, seconded by Gord Wallace. Full text of decision: "That application A2020-0028 to permit a proposed deck by increasing the permitted deck projection into the rear yard setback from 1.5 metres to 3 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" "Carried" 3.2 A2020-0029 Owner/applicant: Bryan Szmyr 43 Horsey Street, Bowmanville The applicant was not present at the meeting. No person was present to speak on behalf of the applicant. 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 Shelley Pohjola, seconded by Gord Wallace. Minutes from May 14, 2020 Page 3 Full text of decision: "That application A2020-0029 to reduce the interior side yard setback from the required 1.2 metres for an accessory structure, as per the conditions of a previous minor variance (A2019-0009) to 0.6 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" "Carried" 3.3 A2020-0030 Owner/applicant: Cassandra Osbourne 39 Richard Davies Crescent, Bowmanville Cassandra Osbourne, the applicant and owner of the property, participated via the Teams app with audio only. She gave a verbal presentation to the Committee in favour of the application. The applicant's presentation provided similar arguments and details as provided 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 A2020-0030 to facilitate the construction of a deck by increasing the permitted projection to the rear yard setback from 1.5 metres to 2.5 metres and the permitted lot coverage from 45% to 52% for all structures 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" 3.4 A2020-0031 Owner/applicant: Roben Marie Ivens 61 Bonathon Crescent, Bowmanville Roben Marie Ivens, the applicant and owner of the property, participated via the Teams app with audio only. She gave a verbal presentation to the Committee in favour of the application. The applicant's presentation provided similar arguments and details as provided in the recommendation report prepared for this application. Ms. Ivens added additional information that the shade structure would allow for her family to enjoy the outdoors away from the harsh outdoor elements. Minutes from May 14, 2020 4 Committee Member, Noel Gamble, asked the applicant to confirm if the shade structure was a covered porch. Ms. Ivens answered in the affirmative. 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 Noel Gamble, seconded by John Bate. Full text of decision: "That application A2020-0031 for minor variances to Section 3.1 g. iv) and Section 13.2 g. of Zoning By-law 84-63 to facilitate an attached shade structure by increasing the permitted projection from 1.5 metres to 1.9 metres and increasing the permitted lot coverage from 40% to 49% 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" 3.5 A2020-0032 Owner/applicant: Holland Homes 280 King Street East, Bowmanville Rebecca Noordman, on behalf of the applicant Holland Homes, participated via the Teams app with audio only. She gave a verbal presentation to the Committee in favour of the application. The applicant's presentation provided similar arguments and details as provided in the recommendation report prepared for this application. Committee Member, Dave Eastman, asked the applicant to explain the limited access to the site, specifically the nature of the right -in and right -out turning movements. Ms. Noordman explained that vehicular access to the site would be temporarily accessed through a right turn travelling west on King Street and exiting the site would be through a right turn out. Committee Member, Noel Gamble, asked the applicant for a rationale on the proposed increased density. Ms. Noordman explained that when designing the building, the additional units would not impact the overall built form. Committee Member, Gord Wallace, asked if there are any development applications to the property to the east and expressed concerns whether approval of the variances would create a precedence for future development. Ms. Noordman replied that she was not aware of any development applications in the area. Staff member, Anne Taylor Scott clarified that the properties to the east fall under the same zoning (R4-26) as the subject property and it is expected that any future development will be of similar in built form. Minutes from May 14, 2020 Page 5 Ms. Taylor Scott further explained that although the density requirements in the Zoning By-law is a maximum of 80 units per hectare, the Official Plan allows up to 12 storeys and a minimum net density of 120 units per hectare for Urban Centres. She anticipates that as the property to the east develops, establishing an internal private lane network will be a condition prior to approval. She explained that the internal private lane network would direct traffic to the signalized intersections. Ms. Taylor Scott highlighted that Clarington's Engineering department support the right -in and right -out vehicular turning movements to prevent east -bound left turn movements from conflicting with west -bound left turn traffic into Bowmanville Mall. Committee Member, Dave Eastman, asked for further clarification on the restricted left turn access to the site. He expressed concerns over illegal U-turns at Mearns Avenue. Ms. Taylor Scott reminded the Committee that residents are expected to plan their trips accordingly to prevent U-turns at Mearns and that there is a long-term circulation plan for the block. Committee Member, Noel Gamble, voiced additional concerns regarding the circulation plan and asked for staff to reconsider access to and from the site. Committee Member, Gord Wallace, complimented the design of the building and noted that Clarington's Engineering department and Emergency Services department had no concerns with the proposed development's access. No other Committee Members had questions or comments. Louise Cleland, a neighbour on Orchard Park Drive, spoke via telephone in opposition to the application. She explained that the intersection of Galibrath Court and King Street is a busy intersection and Mearns Avenue is safer alternative to access Orchard Park Drive. Ms. Cleland expressed concerns over increased traffic along Mearns Avenue. Ms. Noordman replied that traffic studies were completed in determining the right -in and right -out turning movements. No other persons spoke in support or opposition of the application. Motion to approve as recommended moved by Gord Wallace, seconded by Shelley Pohjola. Full text of decision: "That application A2020-0032 for minor variances to: 1) To increase the maximum density from 80 units per net hectare to 85 units per net hectare; 2) To allow for the 1.5 metres stepback of the front wall of the building to occur at the 2nd and 4th storeys and higher, instead of the required 3rd storey and higher; 3) To reduce the number of required parking spaces from 42 to 39; 4) To increase the maximum front yard setback from 6.5 metres to 7.5 metres at the southeast corner of the building; Minutes from May 14, 2020 6 5) To reduce the westerly interior side yard setback from 7.5 metres to 4 metres, as it relates to a proposed 6 storey apartment building, containing 30 units, in the R4-26 Zone. be approved as they are minor in nature, desirable for the appropriate development or use of the land and maintain the general intent and purpose of the Zoning By-law, the Durham Region Official Plan and Clarington Official Plan" "Carried" 3.6 A2020-0033 Owner/applicant: Tyler and Melissa Grindrod 4028 Highway 2, Bowmanville The applicant was not present at the meeting. No person was present to speak on behalf of the applicant. No Committee Members had questions or comments. No other persons spoke in support or opposition of the application. Motion to table as recommended moved by Shelley Pohjola, seconded by Noel Gamble. Full text of decision: "That application A2020-0033 for a minor variance to Section 3.1.c and 3.6. e. of Zoning By-law 84-63 to reduce the rear yard and side yard setback from 1.2 metres to 0.6 metres and increase the lot coverage from 10% to 13% to permit an accessory building in the rear yard, be tabled for ninety days to allow further discussion with the applicant with respect to the nature of the proposal" "Carried" 3.7 A2020-0019 Owner/applicant: Art and Lillie Rienstra 4168 Highway 2, Bowmanville Chairperson, Todd Taylor, recused himself from the meeting due to a pecuniary interest. Vice Chairperson, Shelley Pohjola heard the application. Hailie Bradley, on behalf of the applicant, participated via the Teams app with audio only. She gave a verbal presentation to the Committee in favour of the application. The applicant's presentation provided similar arguments and details as provided in the recommendation report prepared for this application. Minutes from May 14, 2020 Page 7 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 A2020-0019 for minor variances to 1. Section 3.16 e. of Zoning By-law 84-63 to reduce the required parking spaces from 21 to 20; 2. Section 3.12 f. of Zoning By-law 84-63 to permit loading spaces not in a rear yard or an interior side yard; and 3. Section 6.3 d. of Zoning By-law 84-63 to increase the permitted lot coverage from 12.4% to 18% 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 moved by Dave Eastman, seconded by Gord Wallace. "That the minutes of the Committee of Adjustment, held on July 23, 2020 be Approved." "Carried" 5. Other Business: • Catherine Huynh and Toni Rubino will be sworn in as Acting Secretary Treasurers. • Appeal date for the foregoing applications is September 9, 2020. • Next Meeting of the Committee of Adjustment is to be decided. 6. Adjournment Moved by Noel Gamble, seconded by John Bate. "That the meeting adjourn at 7:44 pm."