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HomeMy WebLinkAbout2021-05-13Clarftwn Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington May 13, 2021 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. Electronically present: Todd Taylor Aibelle Babista Annette VanDyk Shelley Pohjola Dave Eastman John Bate Noel Gamble Gord Wallace Chairperson Acting Secretary -Treasurer Meeting Host Member Member Member Member Member Toni Rubino (forA2021-0004 &A2021-0012) Planning Staff Anne Taylor Scott (for A2021-0011) Planning Staff Sean Jeffrey Planning Staff Regrets: None 1. Call to Order 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. Minutes from May 13, 2021 Page 2 3. Applications: 3.1 A2021-0004 Owner/Applicant: William and Nancy Vanniejenhuis Agent: Rich Bouma 1535 Ovens Road, Newtonville Rich Bouma, the agent representing the applicants, participated via the Teams app with audio and video. Mr. Bouma gave a verbal presentation to the Committee in favour of the application and explained the purpose of the application was due to a severance. He stated he recognized the zoning by-law requirements and the proposed regulations. 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 Dave Eastman, seconded by John Bate. Full text of decision: "That application A2021-0004 for minor variances to Section 3.1.a. of the Zoning By-law to satisfy a condition of a land division application by permitting an existing accessory building on a retained lot, where a principal residential building does not exist, for a period of up to three (3) years following registration of the new lot; and, to Section 3.1.c of the Zoning By-law to recognize the existing total floor area of 167.2 square metres and height of 5.4 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 A2021-0007 Owner/Applicant: Breen O'Connor 277 Bruce Cameron Drive, Bowmanville Breen O'Connor, the applicant, participated via the Teams app with audio only. He gave a verbal presentation to the Committee in favour of the application. 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: Minutes from May 13, 2021 Page 3 "That application A2021-0007 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 2.7 metres leaving a 4.8 metre rear yard setback, 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 A2021-0010 Owner/Applicant: Erik Martinez 38 Lionel Byam Drive, Enniskillen Erik Martinez, the Applicant, participated via the Teams app with audio only. He gave a verbal presentation to the Committee in favour of the application. 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 John Bate, seconded by Noel Gamble. Full text of decision: "That application A2021-0010 for a minor variance to Section 4.1.3 (Table 4-1) of Zoning By-law 2005-109 to facilitate the construction of a cabana by increasing the maximum permitted total floor area for accessory buildings from 90 square metres to 107 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." "Carried" 3.5 A2021-0011 Owner/Applicant: Greg Norman Agent: B & W Enterprises 1387 Solina Road, Darlington Greg Norman, the owner participated via the Teams app with audio only. He gave a verbal presentation to the Committee. Mr. Norman explained the need for the proposed variance which was to construct the large sized garage needed to store vehicles for his large family. Chair, Todd Taylor, asked Mr. Norman whether he read the report written by Staff. Mr. Norman, the applicant, stated he read the report a few times. Minutes from May 13, 2021 Page 4 No other Committee Members had questions or comments. No other persons spoke in support or opposition of the application. Motion to deny as recommended moved by Noel Gamble, seconded by Shelley Pohjola. Full text of decision: "That application A2021-0011 for a minor variance to Section 3.1 c. of Zoning By-law 84-63 to permit a proposed detached garage by increasing the permitted total accessory floor area from the required 120 square metres to 260 square metres and the permitted height of accessory buildings from the required 4.5 metres to 6.3 metres, be denied as it is not minor in nature, not desirable for the appropriate development or use of the land and does not maintain the general intent and purpose of the Zoning By-law, the Durham Region Official Plan and Clarington Official Plan." "Carried" 3.3 A2021-0012 Owner/Applicant: Barry Mount & Kerry Sander Agent: Rich Bouma 5 Craig Court, Darlington Rich Bouma, the agent representing the applicant, was present earlier in the meeting and stated he concurred with Staff's recommendation to table this application. Chair, Todd Taylor, introduced the application and reiterated Mr. Bouma's statement before he left the meeting. No other 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 A2021-0012 for a minor variance to facilitate the construction of a detached garage by increasing the maximum permitted total floor area for accessory buildings from 90 square metres to 104 square metres be tabled for a period of up to sixty (60) days." "Carried" Minutes from May 13, 2021 Page 5 4. Adoption of Minutes of Previous Meeting, April 15, 2021 Moved by Dave Eastman, seconded by Shelley Pohjola. "That the minutes of the Committee of Adjustment, held on April 15, 2021 be Approved." "Carried" 5. Other Business • Appeal date for the foregoing applications is June 2, 2021. • Next Meeting of the Committee of Adjustment is scheduled for May 27, 2021. Committee Decision: Votes on Minutes Committee Member, Dave Eastman, asked why we should note recorded votes on the minutes. Committee member, Shelly Pohjola, responded that the requirement for a recorded vote is outlined in the Procedural By-law and is a requirement from Clerks. Minutes should mirror the decisions and the discussions held. Planning Staff member, Anne Taylor Scott, explained that in Council minutes the mover and seconder are noted, and the minutes will state whether the item was carried or lost. For certain issues that may be more contentious, Council will decide to `record the vote' which results in the minutes specifically recording the outcome of the vote for each individual Council member. If the Committee decides to modify the decision format whereby the votes are recorded, Staff prefer to provide the recorded vote format across all applications. Ms. Taylor Scott understands Ms. Pohjola's points and says Staff can look at what other Municipalities do. Committee Member, Dave Eastman, asked how we can capture attendance as it would be useful in the recorded vote when someone doesn't concur. Planning Staff Member, Annette VanDyk, advised the Committee that she can send a draft table which would keep record of the vote and attendance, and the Committee can let Staff know how what they think is best moving forward. 6. Adjournment Moved by Gord Wallace, seconded by Dave Eastman. "That the meeting adjourn at 7:32 pm."