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HomeMy WebLinkAbout2021-11-25Clarftwn Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington November 25, 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 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. Member Member Member Minutes from November 25, 2021 3. Applications: Paae 2 3.1 A2021-0040 & A2021-0041 Owner: 812716 Ontario Ltd. Applicant: Batory Planning & Management 60 Mearns Avenue (proposed 10 & 14 Squire Fletcher Dr.) Part Lot 9, Concession 1, Former Township of Darlington P Demczak of Batory Planning & Management, via the Teams application with audio, gave a verbal presentation to the Committee regarding the application. He explained the history and purpose of the application that would facilitate the severances of two additional lots. The proposed minor variances would maintain consistency with the surrounding properties and neighbourhood fabric that is zoned "Urban Residential Type Two (R2)". No other zoning regulations are compromised with the proposed house siting designs. T Taylor asked if the presentation applied to both applications A2021-0040 and A2021- 0041. P Demczak clarified that the presentation is for both applications. T Taylor asked if the members of the Committee had any questions. No other Committee Members had questions or comments. No other persons spoke in support of or in opposition to the application. Motion to approve A2021-0040 as recommended by D Eastman, seconded by G Wallace; and motion to approve A2021-0041 as recommended by S Pohjola, seconded by J Bate. Full text of decisions: "That application A2021-0040 for minor variances to Sections 12.2.a. i) and 12.2.b. i) of Zoning By-law 84-63 as a condition of land division approvals for a single detached dwelling lot by reducing the minimum lot area from 460 square metres to 390 square metres and reducing the minimum lot frontage from 15 metres to 12 metres at 10 Squire Fletcher Drive (A2021-0040) 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."; and "That application A2021-0041 for minor variances to Sections 12.2.a. i) and 12.2.b. i) of Zoning By-law 84-63 as a condition of land division approvals for a single detached dwelling lot by reducing the minimum lot area from 460 square metres to 390 square metres and reducing the minimum lot frontage from 15 metres to 12 metres at 14 Squire Fletcher Drive (A2021-0041) be approved as it is minor in nature, desirable for the Minutes from November 25, 2021 Page 3 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 A2021-0042 & A2021-0043 Owner: Delpark Homes Inc. Applicant: Cassidy & Co. 1 & 2 Jack Potts Way Part Lot 34, Concession 1, Former Township of Darlington J Lopes of Cassidy & Co., via the Teams application with audio, gave a verbal presentation to the Committee regarding the applications. He stated that applications A2021-0042 and A2021-0043 are similar in nature, as well as the subsequent applications such as A2021-0044 and A2021-0045, then A2021-0044 is a stand-alone application. He asked the Chair if the Committee could hear the applications in that order. T Taylor stated the Committee should follow the Agenda, but the applicant may present to cover all the material with regards to his applications. Then each application would be heard individually to make motions. J Lopes proceeded with explaining the purpose for A2021-0042 & A2021-0043. He reiterates Staff's comments provided in the recommendation report and says the consideration for the porches and garages are intended to meet the design guidelines for the neighbourhood. T Taylor asked if members of the Committee had any questions. S Pohjola asked Staff if there was any other Secondary Plan in effect prior to the secondary plan currently being reviewed by the Region. A Babista responded that there was no previous secondary plan applicable to the subject lands. No other persons spoke in support of or in opposition to the application. No other Committee Members had questions or comments. Motion to approve A2021-0042 as recommended by N Gamble, seconded by D Eastman; and approve A2021-0043 as recommended by J Bate, seconded by S Pohjola. Full text of decision: That application A2021-0042 for a minor variance to Section 14.6.59 b. ii) of Zoning By-law 84-63 to facilitate the construction of street townhouse dwelling at 1 Jack Potts Way by decreasing the minimum exterior side yard setback from 3.0 metres to 2.9 metres be approved as it is minor in nature, desirable for the appropriate development Minutes from November 25, 2021 Paae 4 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"; and "That application A2021-0043 for a minor variance to Section 13.4.65 c. i) and ii) of Zoning By-law 84-63 to facilitate the construction of a single detached dwelling at 2 Jack Potts Way by decreasing the minimum exterior side yard setback from 4 metres to 2.23 metres to the dwelling and from 2 metres to 1.6 metres to the porch 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 A2021-0044 Owner: Delpark Homes Inc. Applicant: Cassidy & Co. 86 Jack Potts Way Part Lot 34, Concession 1, Former Township of Darlington J Lopes of Cassidy & Co., via the Teams application with audio and video, gave a verbal presentation to the Committee regarding the application. He explained the request to increase lot coverage to create a more marketable house and allow the future homeowner additional room for accessory structures. No other persons spoke in support of or in opposition to the application. No other Committee Members had questions or comments. Motion to approve A2021-0044 as recommended by N Gamble, seconded by J Bate. Full text of decision: "That application A2021-0044 for minor variances to Sections 13.4.54.f.iii) a) and 13.4.54.f.iii) b) of Zoning By-law 84-63 to facilitate the development of a 2 storey single detached dwelling by increasing the maximum lot coverage from 40% to 45% for the dwelling and from 45% to 50% for all buildings and structures be approved as they are 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" 3.4 A2021-0045 & A2021-0046 Owner: Delpark Homes Inc. Applicant: Cassidy & Co. 117 & 121 Jack Potts Way Part Lot 34, Concession 1, Former Township of Darlington Minutes from November 25, 2021 J Lopes of Cassidy & Co., via the Teams application with audio and video, gave a verbal presentation to the Committee regarding the application. He explained the purpose of the applications which is partly due to the lot configuration which effectively reduces the lot depth. No other persons spoke in support of or in opposition to the application. No other Committee Members had questions or comments. Motion to approve A2021-0045 as recommended by S Pohjola, seconded by D Eastman; and approve A2021-0046 as recommended by G Wallace, seconded by S Pohjola. Full text of decision: "That application A2021-0045 for a minor variance to Section 13.2 c. iv) of Zoning By- law 84-63 to facilitate the construction of a single detached dwelling at 117 Jack Potts Way by reducing the minimum rear yard setback from 7.5 metres to 5.8 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"; and 67 "That application A2021-0046 for a minor variance to Section 13.2 c. iv) to facilitate the construction of a single detached dwelling at 121 Jack Potts Way by reducing the minimum rear yard setback from 7.5 metres to 5.9 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 A2021-0047 Owner: Brett Novak Applicant: Ken Hoy, Stonefield Homes 86 Jack Potts Way Part Lot 34, Concession 1, Former Township of Darlington B Novak, owner of the subject property, via the Teams application with audio and video, gave a verbal presentation to the Committee regarding the application. He explained the purpose of the application which was to fulfill a condition on a current Land Division application. Additionally, the request to reduce the required lot size is to ensure the Natural Heritage Features on the property remain protected, as advised from Planning and CLOCA Staff. No other persons spoke in support of or in opposition to the application. No other Committee Members had questions or comments. Motion to approve A2021-0047 as recommended by J Bate, seconded by S Pohjola. Minutes from November 25, 2021 Full text of decision: 6 "That application A2021-0047 for a minor variance to Section 9.2 a. of Zoning By-law 84-63 to facilitate a lot line adjustment (Land Division File No. LD 034/2021) by decreasing the minimum lot area for a residential use from 4,000 square metres to 3,240 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" 4. Adoption of Minutes of Previous Meeting, October 28, 2021 Moved by D Eastman. Seconded by S Pohjola. "That the minutes of the Committee of Adjustment, held on October 28, 2021 be approved." "Carried" 5. Other Business x Application A2021-0024 for 8 Worthington Drive was tabled for up to 6 months at the last meeting. Staff explained that the application resulted in an encroachment issue which is beyond the powers of the Committee. Staff recommended the application be tabled indefinitely, to keep the application open — that way the applicant has the option to return to the Committee if a minor variance is required in the future. For similar scenarios such as this, Staff will work on preparing a Tabling Procedure for minor variance application and will return to the Committee to discuss. o Motion to table A2021-0024 indefinitely, as recommended by Staff, by D Eastman, seconded by S Pohjola. x A VanDyk will revise Section 4 of the previous minutes. x Appeal date for the foregoing applications is December 15, 2021. x Next Meeting of the Committee of Adjustment is to be determined and Staff will notify the Committee with the scheduled date. 6. Adjournment Moved by N Gamble, seconded by J Bate. "That the meeting adjourn at 7:39 p.m." "Carried"