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HomeMy WebLinkAbout2021-09-28Clarftwn Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington September 28, 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 Gord Wallace Dave Eastman John Bate Noel Gamble 1. Call to Order Chairperson Acting Secretary -Treasurer Meeting Host Member Member Member Member Member The Chair called the meeting to order at 7:00 p.m. 2. Disclosures of Pecuniary Interest There were no pecuniary interests stated for this meeting. "Carried" Minutes from July 22, 2021 3. Applications: 3.1 A2021-0033 Owner/Applicant: Kyle Jordan 51 Millburn Drive Part Lot 53, Plan 40M-2185, Part 3, Plan 40R-22759, Former Town of Bowmanville K Jordan, via the Teams application with audio, gave a verbal presentation to the Committee in favour of the application and explained the purpose. D Eastman asked the applicant whether he was aware of the conditions placed on the application, and if they have spoke to Durham Health with regards to the proposal. K Jordan stated that he is aware of the condition from Durham Health and Clarington's Building Division. He consulted with Durham Health initially and was directed to consult with Clarington Planning regarding zoning permissions first. D Eastman asked the applicant about the comments provided by Clarington's Fire and Emergency Services in the Staff Report. K Jordan stated that no cooking oils will be used, they will only bake cakes. D Eastman asked the applicant if they will be operating out of the home and if there will be a parking issue. K Jordan responded that there are no foreseeable issues with parking. S Pohjola asked Staff why the home occupation use was not included in the amending Zoning By-law. F, A Babista responded that the amending By-law to place lands within the exception zone unintentionally omitted home occupation as a permitted use. (Staff note: It is probable that this will be corrected as part of the update to Zoning By-law 84-63). No other persons spoke in support of or in opposition to the application. No other Committee Members had questions or comments. Motion to approve A2021-0033 as recommended by S Pohjola. Seconded by D Eastman. Full text of decision: "That application A2021-0033 for minor variance to Section 12.4.21 of Zoning By-law 84-63 to permit a catering business as a home occupation within the existing dwelling be approved subject to fulfilling the condition that all applicable approvals from the Region of Durham Health Department and Building permits are obtained for the home occupation, as required, as it is minor in nature, desirable for the appropriate Minutes from July 22, 2021 Page 3 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 A2021-0036 Owner/Applicant: Kristin Cranney 47 Forrester Drive Part Lot 10, Concession 2, Former Township of Darlington K Cranney, via the Teams application with audio, gave a verbal presentation to the Committee regarding the application. She explained the purpose of the application to keep the shed in its existing located as it was signed off by Staff in 2015. She adds there is a grate on the northern property to allow for drainage, and their property (47 Forrester Drive) gathers water run-off as it is on a lower elevation to the properties north and east. The pooling of water caused erosion in the rear of their property. Moving the shed would cost them an additional $800 which is not favoured. They were informed by Staff yesterday that approval is unlikely and requests that the application be tabled so that Public Works Staff can inspect the property and the neighbouring properties for drainage. T Taylor asked if the applicant received the Staff report and noted the tabling. K Cranney responded stating she has received the report and understands it will be tabled. D Eastman asked how long the gazebo existed on the property. K Cranney stated the gazebo existed since 2015. No other persons spoke in support of or in opposition to the application. The Committee noted one submission was received from a neighbour in opposition to the application. No other Committee Members had questions or comments. Motion to table A2021-0036 as recommended by D Eastman. Seconded by J Bate. Full text of decision: "That application A2021-0036 for a minor variance to Section 3.1 c. of Zoning By-law 84-63 to permit the existing accessory structure (shed) by decreasing the minimum interior side yard setback from 0.6 metres to 0.2 metres and by decreasing the minimum rear yard setback from 0.6 metres to 0.2 metres, be tabled for a period of up to sixty (60) days to allow the applicant to further discuss zoning, grading and drainage issued with Staff." "Carried" Minutes from July 22, 2021 Page 4 4. Adoption of Minutes of Previous Meeting, August 26, 2021 Moved by J Bate. Seconded by S Pohjola. "That the minutes of the Committee of Adjustment, held on August 26, 2021 be approved." "Carried" 5. Other Business • Appeal date for the foregoing applications is October 18, 2021. • Next Meeting of the Committee of Adjustment is scheduled for October 28, 2021. 6. Adjournment Moved by D Eastman, seconded by G Wallace. "That the meeting adjourn at 7:19 p.m." "Carried"