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HomeMy WebLinkAbout2021-06-24Clarftwn Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington June 24, 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 Chairperson Sean Jeffrey Acting Secretary -Treasurer Annette VanDyk Meeting Host Shelley Pohjola Member Dave Eastman Member Noel Gamble Member John Bate Member Anne Taylor Scott Planning Staff Regrets: Gord Wallace Member 1. Call to Order The Chair called the meeting to order at 7:00 pm. 2. Disclosures of Pecuniary Interest There were no pecuniary interests stated for this meeting. 3. Swearing in of new Acting Secretary -Treasurer, Sean Jeffrey Moved by D. Eastman, seconded by S. Pohjola. "That Sean Jeffrey be sworn in as the Acting Secretary -Treasurer be approved." "Carried" Minutes from June 24, 2021 Page 2 4. Applications: 4.1 A2021-0016 Agent: Michael Fry, D.G Biddle & Associates Owner/Applicant: Scott Jeffery, 23 Higham Place, Bowmanville M. Fry participated via the Teams app with audio only and gave a verbal presentation to the Committee in favour of the application and explained the purpose. D. Eastman asked if the buildings have already been built. M. Fry responded that the buildings have not already been built. S. Pohjola asked about the status of the building permits. M. Fry responded that he is unaware of the current status of the building permit applications. S. Pohjola asked whether the builder made an error with these lots. M. Fry responded that yes, an error was made, and that the Municipality made changes to the zoning without consulting the owner. D. Eastman asked when this error was discovered. M. Fry responded that this error was recently discovered. Staff follow-up: Planning Staff note that the Municipality did not make changes without consulting the owner. Zoning By-law Amendment Application by Akero Developments Inc. (ZBA2017-0024) was processed and approved under the legislated requirements of the Planning Act. No appeals were received. S. Pohjola asked if the lots have been sold. M. Fry responded yes, the lot for 23 Higham Place has been sold but is not sure about the other 3 lots which will require a Minor Variance. S. Pohjola sought clarification around how many more applications for a Minor Variance will be received. M. Fry responded that 3 additional Minor Variance applications will be filed. A resident in proximity to 23 Higham Place, Don Hart, asked why neighbours were not consulted regarding this application and why he was not permitted a 3-car garage on his property. S. Jeffrey responded that a sign was posted at 23 Higham Place and that only neighbours within 60 metres of the subject property receive a mailed -out notice of the application. S. Jeffrey also stated that the builder possibly turned down the request for a Minutes from June 24, 2021 Page 3 3-car garage due to a lot size and/or set back issue. D. Hart is welcome to call in to the Planning Department to discuss this further. No other persons spoke in support or opposition of the application. No other Committee Members had questions or comments. Motion to table for up to 60 days as recommended moved by D. Eastman, seconded by N. Gamble. Full text of decision: "That application A2021-0016 for minor variances to Sections 13.4.55 d. i), 13.4.55 d. ii) and 13.4.55 g. i) of Zoning By-law 84-63 to permit the development of a Single Detached Dwelling by reducing the minimum exterior side yard setback from 4.0 metres to 3.0 metres, increasing the maximum garage width from 6.4 metres to 9.2 metres and reducing the minimum front setback from 4.0 metres to 3.48 metres (dwelling), be tabled for up to 60 days to allow further discussion with the applicant with respect to the nature of the proposal." "Carried" 4.2 A2021-0017 Owner/Applicant: Dolly & Eric Konzelmann Agent: Doug Norton, Measurite 4 Lord Duncan Court, Courtice D. Norton participated via the Teams app with audio and video. He gave a verbal and visual presentation to the Committee in favour of the application and stated the purpose. No other persons spoke in support or opposition of the application. No other Committee Members had questions or comments. Motion to approve as recommended moved by S. Pohjola, seconded by N. Gamble. Full text of decision: "That application A2021-0017 for a minor variance to Section 8.2 c. iii) of Zoning By-law 84-63 to permit an addition to the existing attached garage by reducing the minimum interior side yard setback for a single detached dwelling from 6 metres to 4.5 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" Minutes from June 24, 2021 Paae 4 4.3 A2021-0019 Owner/Applicant: Tony Stojan Angelopoulos 1648 Concession Road 9, Enfield Part Lot 31, Concession 9, Former Township of Darlington T. Angelopoulos participated via phone with audio only. He gave a verbal presentation to the Committee in favour of the application. D. Eastman asked for clarification about the setback and height of the current garage. S. Jeffrey responded that the current garage sits on the property line with approximately 0 metres exterior side yard set back. The proposed garage would be an improvement on the set back and the building height would remain the same. No other members of the public spoke in support or in opposition of the application. No other Committee Members had questions or comments. Motion to approve as recommended by J. Bate, seconded by D. Eastman. Full text of decision: "That application A2021-0019 for minor variances to Sections 4.1.3 and 8.3.1 b. of Zoning By-law 2005-109 to facilitate the construction of a detached accessory structure (garage) by decreasing the minimum exterior side yard setback from 15 metres to 6 metres and by increasing the maximum building height from 4.5 metres to 5 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." 5. Adoption of Minutes of Previous Meeting, May 27, 2021 Moved by S. Pohjola, seconded by D. Eastman. "That the minutes of the Committee of Adjustment, held on May 27, 2021 be Approved." "Carried" 6. Other Business • Appeal date for the foregoing applications is July 14, 2021. • Next Meeting of the Committee of Adjustment is scheduled for July 15, 2021. No other business. 7. Adjournment Moved by N. Gamble, seconded by J. Bate. "That the meeting adjourn at 7:30 pm."