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."