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HomeMy WebLinkAbout10-01-2020 MinutesCiarftwn Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington October 2, 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 Toni Rubino Annette Van Dyk Electronically present: Shelley Pohjola Dave Eastman John Bate Gord Wallace Noel Gamble 1. Call to Order Chairperson Acting Secretary -Treasurer Meeting Host 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 2. a) Todd Taylor read a memo prepared by Secretary Treasurer, Cynthia Strike, outlining that minor variance application A2020-0042 is not required. Todd Taylor struck the application from the agenda. No Committee Members had questions or comments. Kayla O'Leary, a resident of Huntington Crescent, wanted more information on if the purpose of the application was to convert the garage into a home occupation space. Minutes from October 1, 2020 Paae 2 Planning Staff Member, Toni Rubino, replied that the garage space was not being converted for the home occupation. 3. Applications: 3.1 A2020-0034 Owner/applicant: Stephen Campbell 79 Connell Lane, Bowmanville Stephen Campbell, the applicant, 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. He provided additional explanation about the reason for wanting the deck. No Committee Members had questions or comments. Michael, a representative of the condominium corporation spoke via the Teams app with audio only. He indicated that any exterior alterations would also require the approval of the condominium board. Motion to approve as recommended moved by Dave Eastman, seconded by John Bate. Full text of decision: "That application A2020-0034 to permit a proposed deck by increasing the permitted deck projection into the rear yard setback from 1.5 metres to 3.3 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 A2020-0035 Owner: Danial and Sue Wasson Applicant: Chindu Nair 57 Montague Avenue, Courtice Chindu Nair, 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 deck is for the homeowner's enjoyment. 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 Shelley Pohjola. Minutes from October 1, 2020 3 Full text of decision: "That application A2020-0035 for minor variances to Section 3.1 g. iv) and Section 13.2 e. of Zoning By-law 84-63 to increase the permitted yard projection from 1.5 metres to 2.5 metres and to increase the permitted lot coverage from 40% to 52% to facilitate a proposed deck with stairs 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" 3.3 A2020-0036 Owner: New View Holdings Inc. Applicant: Independent Project Managers 1505 Bowmanville Avenue, Bowmanville Chris Bayliss, on behalf of 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. Committee Member, Dave Eastman, asked the applicant if Regional waste collection trucks are larger than private waste collection trucks. The applicant, Chris Bayliss, advised that they are the same sized vehicles, however the Region was not favourable of the narrow width of the drive aisle and would be satisfied should the variance to reduce the parking to widen the drive aisle be approved. Committee Member, Noel Gamble, asked the applicant how the reduction in spaces affects the existing parking. The applicant, Chris Bayliss, advised that the Parking Study that was submitted indicated that the property has a surplus of 17 parking spaces. Planning Staff Member, Anne Taylor -Scott, participated via the Teams app with audio only. She provided clarity on the Regional requirements for waste collection indicating that the Region has a by-law that provides regulations for drive aisles widths, the turning radius, and on the limitations of waste collection trucks backing up. Committee Member, Dave Eastman, asked Staff if this was raised as a concern from the Region from day one. Planning Staff Member, Anne Taylor -Scott, indicated that the site plan application is circulated to the Region of Durham Works Department and Planning Department and from there it is circulated to Waste Management but that this would have been raised at the site review. Minutes from October 1, 2020 Paae 4 Committee Member, Shelley Pohjola, indicated that the reduction from the original parking requirement is over forty percent and asked Staff if this is minor in nature. Planning Staff Member, Anne Taylor -Scott, responded that it is minor in nature and that rather that looking at the numerical value it is important to look at the impact. Committee Member, Shelley Pohjola, asked if the site plan application from 2017 was the only application and asked when in the process did the Region advise of the garbage truck requirements. Planning Staff Member, Anne Taylor -Scott, advised that there was only one site plan application and that at the site review is when it would have likely been raised as a concern. The applicant, Chris Bayliss, commented that the Region flagged it as a concern at their site review, which occurs at fifty percent occupancy. Committee Member, Shelley Pohjola, asked Staff if there was consideration given to site specific zoning. Planning Staff Member, Anne Taylor -Scott responded by stating that this was not considered as a minor variance was considered appropriate. No other persons spoke in support or opposition of the application. Motion to approve as recommended moved by Dave Eastman, seconded by Noel Gamble. Full text of decision: "That application A2020-0036 for a minor variance to Section 3.16 a. and the Parking Space Requirement Table further reduce the minimum number of required parking spaces from 66 spaces (previously approved minor variance (A2017-0048) to 55 spaces be approved as it is 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" 3.4 A2020-0038 Owner/applicant: Nancy Clarke 168 Brookhouse Drive, Newcastle The applicant was not present to speak on the application. No Committee Members had questions or comments. No other persons spoke in support or opposition of the application. Minutes from October 1, 2020 67 Motion to table as recommended moved by Dave Eastman, seconded by John Bate. Full text of decision: "That application A2020-0038 for a minor variance to Section 3.1.g.iv and 12.2.f.i) of Zoning By-law 84-63 to increase the permitted projection to the rear yard setback from 1.5 metres to 2.3 metres and the permitted lot coverage from 40% to 46.1 % to facilitate the construction of a deck, be tabled to the next Committee of Adjustment meeting on October 22nd, 2020,to allow for proper notice to be given pursuant to Section 3 of O. Reg 200/96." "Carried" 3.5 A2020-0039 Owner/applicant: Rhonda Vanderlinde 56 Brown Street, Bowmanville Rhonda Vanderlinde, the applicant, participated via the Teams app with audio only. She 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 A2020-0039 for minor variances to section 12.2.1 b ii) c) of Zoning By- law 84-63 to reduce the minimum required interior side yard setback from 1.8 metres to 1.5 metres and to section 12.2.1 g. iv) of Zoning By-law 84-63 to allow a separate front entrance for an in-house apartment 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" Minutes from October 1, 2020 Page 6 3.6 A2020-0040 Owner: 1983215 Ont. Ltd. Applicant: Hena Kabir 2676 Concession Road 7, Tyrone A2020-0041 Owner: 2256094 Ont. Ltd. Hena Kabir, the applicant, participated via the Teams app with audio only. She 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. She also explained that application A2020-0040 and A2020-0041 are linked. 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 Gord Wallace, seconded by Dave Eastman. Full text of decision: "That application A2020-0040 for minor variances to Section 9.2(a) of Zoning By-law 84- 63 to permit a reduction in the minimum lot area from the required 4,000 square metres to 2,247 square metres and to Section 9.2(b) to permit a reduction in the minimum lot frontage from the required 30.0 metres to 29.74 metres be approved as the variances 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" Motion to approve as recommended moved by Gord Wallace, seconded by Dave Eastman. Full text of decision: "That application A2020-0041 for a minor variance to Section 9.2(b) to permit a reduction in the minimum lot frontage from 30.0 metres to 12.17 metres be approved as the variances 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" Minutes from October 1, 2020 Page 7 3.7 A2020-0043 Owner/applicant: Kind Bakehouse 128 Cornish Drive, Courtice The applicant was not present to speak on the application. 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 Dave Eastman, seconded by John Bate. Full text of decision: "That application A2020-0043 for a minor variance to permit a catering business as a home occupation within the Urban Residential Exception (R141) zone and reduce the required parking space for the home occupation from 1 to 0 be tabled to the next Committee of Adjustment meeting on October 22nd, 2020 to allow for proper notice to be given in pursuant to Section 3 of O.Reg 200/96." "Carried" 3.8 A2020-0044 Owner: Denis Gleason Applicant: Strike & Phillips LLP, Bradley Phillips 3170 Liberty Street, Bowmanville The applicant was not present to speak on the application. 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 Noel Gamble, seconded by Dave Eastman. Full text of decision: "That application A2020-0044 for a minor variance to Section 8.2(a) of Zoning By-law 84-63 to reduce the minimum lot area from 4800 square metres to 3567.5 square metres be tabled to the next Committee of Adjustment meeting on October 22nd, 2020, to allow further discussion with the applicant and the Region of Durham Planning and Economic Development Department. "Carried" Minutes from October 1, 2020 Paae 8 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 August 20, 2020 be Approved." "Carried" 5. Other Business: • Appeal date for the foregoing applications is October 21, 2020. • Next Meeting of the Committee of Adjustment is scheduled for October 22, 2020. 6. Adjournment Moved by Dave Eastman, seconded by Gord Wallace. "That the meeting adjourn at 7:48 pm."