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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"