HomeMy WebLinkAbout01-27-2022Ciarftwn
Minutes of the Committee of Adjustment
Corporation of the Municipality of Clarington
January 27, 2022
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
Sean Jeffrey
Annette VanDyk
Shelley Pohjola
Gord Wallace
Dave Eastman
John Bate
Chairperson
Acting Secretary -Treasurer
Meeting Host
Member
Member
Member
Member
Ron Warne Manager of Development Review
Brandon Weiler Planning Staff
Nicole Zambri Planning Staff
1. Call to Order
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.
Minutes from January 27, 2022 Page 2
3. Applications:
3.1 A2022-0001 Owner: Nutshell Investments Limited
Applicant: Miller Planning Services
2832 Courtice Road
Part Lot 29, Concession 2, Former
Township of Darlington
Rodger Miller of Miller Planning Services, 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/
Gaetan Charron asked what consultation has occurred regarding the proposed
development.
S Jeffrey did not have comments on the history.
B Weiler stated that this application has the required zoning in place, so it did not
require a Planning Act application. Consultation would have occurred at the time of the
zoning amendment. There was no requirement to seek public input due to these factors.
This meeting is now staff seeking public input for the variance.
D Eastman asked if notices were sent in a timely manner.
S Jeffrey clarified that the notices were sent with in accordance with requirements.
G Charron stated that additional notice for this application would have been preferred.
R Miller stated that the Zoning By-law outlines what is permitted for the property. Being
Zoned Urban Residential Type Four, apartments are a permitted use. R Miller clarified
that there is a substantial buffer between the proposed development and the Nantucket
properties. Post and pre -water drainage will remain the same on the subject property
and property owners at Nantucket are free to meet to discuss their issues.
M Stevenson stated that they are located directly adjacent to the subject property and
have concerns about the lighting and parking lot. M Stevenson requested a higher fence
to increase privacy.
R Miller sought clarification about where M Stevenson was located and what the
existing fencing is.
M Stevenson clarified their location and stated that Planning mentioned a 6 -foot fence
would be put in place.
R Miller stated they will take comments and attempt to make improvements as well is
willing to take M Stevenson's contact information to speak further.
J Coros stated that the Nantucket lot is below the elevation of the proposed
development and water is already a concern. J Coros asked whether there will be any
Minutes from January 27, 2022 Page 3
catch basins for water, any trees to stop lighting issues and whether the building will be
designated for any specific group of people.
R Miller stated that paved areas will include catch basins will be discharged onto
Courtice Road. Landscaped areas will transition down and could also deal with
drainage. The building potentially will focus on an older adult population.
No other Committee Members had questions or comments.
No other persons spoke in support of or in opposition to the application.
Motion to approve A2022-0001 as recommended by S Pohjola, seconded by G
Wallace.
Full text of decisions:
"That application A2022-0001 for a minor variance to Sections 3.16 i. iv), 15.2 c. i), 15.2
c. ii) and 15.2 f. of Zoning By-law 84-63 to facilitate the development of a three-storey
apartment building containing a total of 21 dwelling units by:
x Reducing the minimum front yard setback from 7.5 metres to 3.3 metres;
x Reducing the minimum northerly interior side yard setback from 7.5 metres to 4
metres;
x Reducing the minimum landscaped open space from 35% to 30%; and,
x Permitting a parking space within 1 metre of a street line and within a site
triangle.
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 A2022-0002 Owner: Silvia Stewart
Applicant: Katrina Metzner, Holland Homes
Inc.
290 West Scugog Lane, Bowmanville
Part Lot 13, Concession 2, Former
Township of Darlington
K Metzner of Holland Homes Inc., via the Teams application with audio and video, gave
a verbal presentation to the Committee regarding the applications.
No other persons spoke in support of or in opposition to the application.
No other Committee Members had questions or comments.
Motion to approve A2022-0002 as recommended by D Eastman, seconded by J Bate.
Minutes from January 27, 2022 Page 4
Full text of decision:
"That application A2022-0002 for a minor variance to Section 12.2.b. ii) of Zoning By-
law 84-63 to facilitate the construction of a semi-detached dwelling by reducing the
required frontage from 18 metres to 17 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"
3.3 A2022-0004 Owner: Khanna Holdings Inc.
Applicant: Joel Gerber Architect
26 Elgin Street, Bowmanville
Part Lot 12, Concession 1, Former
Township of Darlington
J Geber, via the Teams application with audio and video, gave a verbal presentation to
the Committee regarding the application.
No other persons spoke in support of or in opposition to the application.
No other Committee Members had questions or comments.
Motion to approve A2022-0004 as recommended by J Bate, seconded by G Wallace.
Full text of decision:
"That application A2022-0004 for a minor variance to Section 12.4.3 of Zoning By-law
84-63 to permit a Retirement Home at 26 Elgin Street in Bowmanville, be approved
subject to the following conditions:
i) That the applicant/owner submit a Plans Only Site Plan application to update
the drawings attached to the existing development agreement for DEV82-30;
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 January 27, 2022 Page 5
3.4 A2022-0005 & A2022-0006 Owner: Safia Dookie/2640714 Ontario Ltd
Applicant: Mark Foley, The Foley Group
1442 Nash Road, Courtice
Part Lot 35, Concession 3, Former
Township of Darlington
M Foley of The Foley Group, via the Teams application with audio and video, gave a
verbal presentation to the Committee regarding the application. M Foley stated that
multiple conversations with staff have occurred to come to a satisfactory proposal.
D Eastman asked about 3 severances on parcels to the north of the subject parcel
previous to this application.
S Jeffrey stated that the parcels were all severed at the same time and no further
severances were permitted at the time of the application.
G Wallace asked whether Land Division will occur before or after the Grading review.
M Foley clarified that a Grading review will be a requirement before the Land Division is
finalized.
D Lawson requested that a tabling of the application occur to prepare a response to the
application as in their opinion they were not provided ample notice.
M Foley stated that no appeal was received at the Land Division.
D Eastman asked D Lawson whether drainage has previously been an issue on the
property.
D Lawson stated that the issues were supposed to be remediated with the previous
Land Division application, but issues still remain. D Lawson also stated that they are in
disagreement with the statement in the Staff Report that the proposal fits the character
of the neighbourhood.
No other persons spoke in support of or in opposition to the application.
No other Committee Members had questions or comments.
Motion to table A2022-0005 for up to 60 days as recommended by J Bate, seconded
by D Eastman; and table A2022-0006 for up to 60 days as recommended by D
Eastman, seconded by G Wallace.
Full text of decision:
"That application A2022-0005 for a minor variance to Section 13.2. c. iv) of Zoning By-
law 84-63 to facilitate the creation of a single detached dwelling lot (Land Division File
No. LD 090/2021) by reducing the minimum required rear yard setback from 7.5 metres
to 1.2 metres be tabled for up to 60 days.
and
Minutes from January 27, 2022 Page 6
"That application A2022-0006 for minor variances to Sections 13.2.a. i) and 13.2. c. iv)
and of Zoning By-law 84-63 to facilitate the creation of a single detached dwelling lot
(Land Division File No. LD 090/2021) by reducing the minimum required rear yard
setback from 7.5 metres to 5.6 metres and the minimum lot area from 370square
metres to 300 square metres be tabled for up to 60 days."
"Carried"
3.5 A2022-0007 Owner: Michael Verrelli
5060 Bowmanville Ave, Bowmanville
Part Lot 15, Concession 5, Former Township of
Darlington
M Verrelli was not present to speak to the application.
No other persons spoke in support of or in opposition to the application.
No other Committee Members had questions or comments.
Motion to table A2022-0007 for up to 60 days as recommended by S Pohjola,
seconded by D Eastman.
Full text of decision:
"That application A2022-0007 for a minor variance to Section 3.6 b) of Zoning By-law
84-63 to permit an addition (having an area of up to 130 square metres) to the existing
residential dwelling within the Environmental Protection (EP) Zone tabled for up to 60
days to allow the applicant to revise their application with an additional variance
request."
"Carried"
4. Adoption of Minutes of Previous Meeting, November 25, 2021
Moved by J Bate. Seconded by D Eastman.
"That the minutes of the Committee of Adjustment, held on November 25, 2021 be
approved."
"Carried"
5. Other Business
x No other business.
6. Adjournment
Minutes from January 27, 2022 Page 7
Moved by S Pohjola, seconded by G Wallace.
"That the meeting adjourn at 8:05 p.m."
"Carried"