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.
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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.
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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.
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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.
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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"
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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"
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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"
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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."