HomeMy WebLinkAbout08-25-2022Ciarftwn
Minutes of the Committee of Adjustment
Corporation of the Municipality of Clarington
August 25, 2022
Municipal Administrative Centre, Council Chambers
40 Temperance Street, Bowmanville
Preliminary Note
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:
Absent with notice:
Gord Wallace
1. Call to Order
Jacob Circo
Annette VanDyk
Todd Taylor
Shelley Pohjola
Dave Eastman
John Bate
Noel Gamble
Toni Rubino
Emily Schaefer
Member
Acting Secretary -Treasurer
Meeting Host
Chairperson
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
Planning Staff
Planning Staff
3. Adoption of Minutes of Previous Meeting, July 28', 2022
Moved by D Eastman Seconded by S Pohjola
"That the minutes of the Committee of Adjustment, held on July 28t", 2022, be
approved."
"Carried"
Minutes from August 25, 2022,
Paae 2
4. Applications:
4.1 A2022-0027 Owner: Brad Graham
Applicant: Brad Graham
4633 Lakeshore Road, Clarke
Part Lot 6, Concession BF, Former Town of
Clarke
B Graham, via the Teams application with audio, gave a verbal presentation to the
Committee regarding the application.
T Taylor asked -the conditions that are before us in the planning report, have you had
an opportunity to review them and are you in agreement with them? Have you had a
chance to review the condition that requires the owner obtain a building permit for the
proposed single detached dwelling prior to the issuance of a building permit for the
detached garage?
J Holmes responded — Yes, and we have applied for a building permit.
No other Committee Members had questions or comments.
No member of the public spoke in support of or in opposition to the application.
Motion to approve A2022-0027 as recommended by J Bate, seconded by D Eastman.
Full text of decision:
"That application A2022-0027, for Minor Variances to Section 3.1.c of Zoning By-law 84-
63 to facilitate the construction of an accessory structure (detached garage) with a
height of 4.9 metres and a total floor area for accessory structures of 120.30 square
metres, be approved subject to the following condition being completed prior to the
issuance of the building permit for the new accessory building:
1) That the applicant/owner obtain a building permit for the proposed single detached
dwelling as indicated on the site plan.
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 August 25, 2022,
Paae 3
4.2 A2022-0028 Owner: Maura Connolly
Applicant: Hom Drafting and Design Inc.
59 Goodwin Avenue, Bowmanville
Part Lot 12, Concession 2, Former Town of
Bowmanville
C Dochuk with Hom Drafting and Design Inc., via the Teams application with audio and
video, gave a verbal presentation to the Committee regarding the applications.
No Committee Members had questions or comments.
No member of the public spoke in support of or in opposition to the application.
Motion to approve A2022-0028 as recommended by S Pohjola, seconded by N
Gamble.
Full text of decision:
"That application A2022-0028 for a minor variance to Section 13.2. e) of Zoning By-law
84-63 to facilitate the construction of a deck by increasing the maximum permitted lot
coverage from 40% to 46% 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"
4.3 A2022-0029-to-A2022-0034 Owner: Hannu Halminen
Applicant: D.G. Biddle & Associates
Foster Northwest Blocks 91, 196, 197, 198,
211, and 212, Newcastle Village
A Prescott, via the Teams application with audio and video, gave a verbal presentation
to the Committee regarding the applications.
No Committee Members had questions or comments.
No member of the public spoke in support of or in opposition to the application.
Motion to approve A2022-0029 as recommended by D Eastman, seconded by J Bate.
Full text of decision:
"That applications A2022-0029-to-A2022-034 for minor variances to Sections 13.4.54
b., 13.4.54 c.i), 13.4.54.c.ii) and 13.4.72 b.i) of Zoning By-law 84-63 to reduce the
minimum lot frontages and minimum lot areas, be approved as they are minor in
nature, desirable for the appropriate development or use of the land and maintain the
Minutes from August 25, 2022,
4
general intent and purpose of the Zoning By-law, the Durham Region Official Plan and
Clarington Official Plan".
"Carried"
Motion to approve A2022-0030 as recommended by N Gamble, seconded by S
Pohjola.
Full text of decision:
"That applications A2022-0029-to-A2022-034 for minor variances to Sections 13.4.54
b., 13.4.54 c.i), 13.4.54.c.ii) and 13.4.72 b.i) of Zoning By-law 84-63 to reduce the
minimum lot frontages and minimum lot areas, be approved as they are minor in
nature, desirable for the appropriate development or use of the land and maintain the
general intent and purpose of the Zoning By-law, the Durham Region Official Plan and
Clarington Official Plan".
"Carried"
Motion to approve A2022-0031 as recommended by D Eastman, seconded by S
Pohjola.
Full text of decision:
"That applications A2022-0029-to-A2022-034 for minor variances to Sections 13.4.54
b., 13.4.54 c.i), 13.4.54.c.ii) and 13.4.72 b.i) of Zoning By-law 84-63 to reduce the
minimum lot frontages and minimum lot areas, be approved as they are minor in
nature, desirable for the appropriate development or use of the land and maintain the
general intent and purpose of the Zoning By-law, the Durham Region Official Plan and
Clarington Official Plan".
"Carried"
Motion to approve A2022-0032 as recommended by J Bate, seconded by D Eastman.
Full text of decision:
"That applications A2022-0029-to-A2022-034 for minor variances to Sections 13.4.54
b., 13.4.54 c.i), 13.4.54.c.ii) and 13.4.72 b.i) of Zoning By-law 84-63 to reduce the
minimum lot frontages and minimum lot areas, be approved as they are minor in
nature, desirable for the appropriate development or use of the land and maintain the
general intent and purpose of the Zoning By-law, the Durham Region Official Plan and
Clarington Official Plan".
"Carried"
Motion to approve A2022-0033 as recommended by S Pohjola, seconded by J Bate.
Minutes from August 25, 2022,
Paae 5
Full text of decision:
"That applications A2022-0029-to-A2022-034 for minor variances to Sections 13.4.54
b., 13.4.54 c.i), 13.4.54.c.ii) and 13.4.72 b.i) of Zoning By-law 84-63 to reduce the
minimum lot frontages and minimum lot areas, be approved as they are minor in
nature, desirable for the appropriate development or use of the land and maintain the
general intent and purpose of the Zoning By-law, the Durham Region Official Plan and
Clarington Official Plan".
"Carried"
Motion to approve A2022-0034 as recommended by N Gamble, seconded by J Bate.
Full text of decision:
"That applications A2022-0029-to-A2022-034 for minor variances to Sections 13.4.54
b., 13.4.54 c.i), 13.4.54.c.ii) and 13.4.72 b.i) of Zoning By-law 84-63 to reduce the
minimum lot frontages and minimum lot areas, be approved as they are minor in
nature, desirable for the appropriate development or use of the land and maintain the
general intent and purpose of the Zoning By-law, the Durham Region Official Plan and
Clarington Official Plan".
"Carried"
Location Description
Required
Requested
Required
Requested
Lot
Lot
Lot Area
Lot Area
Frontage
Frontage
(square
(square
metres
metres
metres
metres
Block 91 (draft M-Plan)
11.3
10
330
300
Block 196 (draft M-
11.3
10
330
300
Plan) and Part 1 (draft
R-Plan
Block 197 (draft M-
11.3
10
330
300
Plan) and Part 2 (draft
R-Plan
Block 198 (draft M-
14.3
13.7
_
_
Plan) and Part 3 (draft
R-Plan)
for Block 211 (draft M-
12
11.3
Plan) and Part 22
draft R-Plan
Block 212 (draft M-
12
11.3
plan) and Part 23 (draft
R-Plan)
Minutes from August 25, 2022, Page 6
4.4 A2022-0035 Owner: Richard and Nancy Trolly
Applicant: Richard and Nancy Trolly
24 Chater Lane, Leskard,
Part Lot 31, Concession 3, Former
Township of Clarke
R Trolley, through the Teams Application with audio, gave a verbal presentation to the
Committee regarding both applications.
J Circo stated — there was one member of the public who called on a day before the
meeting, and asked general inquires about the property, but no opposition or support for
the application was raised in the inquiry.
T Taylor asked if any Committee Members had any questions.
D Eastman - Is there a plan to build another house from there and knock that one down
and build another one?
R Trolley responded - Our intent was the original landowner that we purchased the farm
from, the existing houses on the separate portion that we are severing. We wanted to
sever it because it is in the rural hamlet of Leskard to basically keep the integrity of the
house. Yes, our intent will be in the future will to build a single detached dwelling on the
retained parcel.
D Eastman asked — Not building a house on the severed portion?
R Trolley responded — No, we are not proposing to build a new house on the severed
portion, the existing house will remain on the severed parcel.
No other Committee Members had any questions or comments.
No member of the public spoke in support of or in opposition to the application.
Motion to approve A2022-0035 as recommended by J Bate, seconded by D Eastman.
Full text of decision:
"That application A2022-0035 for Minor Variances to Sections 6.3. a), 6.3. c. (iii), and
9.2. a), of Zoning By-law 84-63, to facilitate a severance application by reducing the
minimum lot area for an agricultural use from 40 hectares to 32.14 hectares and from
4,000 square metres to 2,550 square metres for a residential use and to reduce the
minimum side yard setback to the existing barn from 15 metres to 8.63 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 August 25, 2022,
7
4.5 A2022-0036 Owner: API Consultants Development Inc.
Applicant: 2681998 Ont. Inc.
1 Spicer Square, Bowmanville,
Part Lot 14, Concession BF, Former
Township of Darlington
D Barnard with API Consultants Development Inc., through the Teams Application with
audio, gave a verbal presentation to the Committee regarding both applications.
D Eastman asked - I noticed that the comment has been made that during statutory
holidays, the parking could be shared with the Comfort Inn. Is there some sort of a
written agreement with comfort in that guests of this hotel could share their parking lot?
D Barnard responded — No there is not a written agreement, and we would not need it
because based on the parking study that observed peak of demand is 90%. We are
above 90% in our parking ratios. So, in this instance, I am not sure why that was written,
but if needed, I guess they could go ask. However, you can always find extra parking
spaces if needed, for instance, there are other cheaper parking lots off property where
people could park, or visitors could park in spaces not used on a daily basis such as the
drop off area. However, you should not need any more parking spaces since it is exactly
the same. That is why we do our marketing studies and parking studies to observe what
peak demands are. In the parking study, they actually observed the Comfort Inn, and at
peak when they were fully occupied later, only 0.89 occupancy, and 0.98-point cars are
required on site. When a hotel is full, it does not use every parking space on site. For
example, when you travel with a business colleague, you do not sleep in the same
room. Those are the kinds I mean and that is why it is always just a little bit less than
the actual 1-1 ratio.
S Pohjola posed a question D Barnard or Planning Staff - There was inclusion in the
parking study of the three bicycle spaces equivalent to one parking spot. Is that correct?
D Barnard responded to S Pohjola - We did not include the bicycle park space;
however, we do have those bicycle spaces that remain in doors. We do have bicycle
spaces on site. However, for our parking calculation, we did not include it as part of the
parking rate calculation. In essence, we are actually only three parking spots short
because there are actually six existing bicycle parking spaces on site.
No other Committee Members had any questions or comments.
No member of the public spoke in support of or in opposition to the application.
Motion to approve A2022-0036 as recommended by G Wallace, seconded by D
Eastman.
Minutes from August 25, 2022,
F1
Full text of decision:
"That application A2022-0036, for a minor variance to Sections 3.16 e. of Zoning By-law
84-63 to permit a 90-room hotel with a reduction in the number of required parking
spaces from 90 to 83 spaces 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"
5. Other Business
• No other business.
6. Adjournment
Next Meeting: September 28th, 2022,
Last Date of Appeal: September 14th, 2022
Moved by S Pohjola, seconded by D Eastman.
"That the meeting adjourn at 7:37 p.m."
"Carried"