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HomeMy WebLinkAbout11-24-2022Clarington Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington November 24t", 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: Tyler Robichaud Jacob Circo Sarah Parish Annette VanDyk Cindy Hammer Todd Taylor Shelley Pohjola Dave Eastman John Bate Gord Wallace BJ Moroney Emily Bungay Graham & Linda Hoy William Bowden Joyce Thomas Kevin Perry 1. Call to Order The Chair called the meeting to order at 6:30 p.m. Acting Secretary Treasurer Planning Staff Planning Staff Meeting Host Staff Member Chairperson Member Member Member Member Resident Resident Resident Applicant Resident Resident Minutes from November 24t", Meeting Page 2 2. Disclosures of Pecuniary Interest There were no pecuniary interests stated for this meeting. 3. Adoption of Minutes of Previous Meeting, October 27t", 2022 Moved by: D Eastman Seconded by: G Wallace "That the minutes of the Committee of Adjustment, held on October 27t", 2022, be approved." "Carried" Minutes from November 24t", Meeting Page 3 4. Applications: 4.1 A2022-0041 Owner: Stephanie and Jon Rogoza Applicant: Jordan Ciesielski 15 Timberlane Court, Darlington Part Lot 8, Concession 3, Former Township of Darlington T Taylor, via the Teams application with audio, asked if the owner/agent was online to present their application and noted that before presenting that the application is recommended to be tabled at the request of the owner. Anyone who wishes to speak to it is welcome. Comments might be more beneficial when the application is in its final hearing stage. A VanDyk responded, the applicant has not joined as per Planning Staff recommendation to table the application. T Taylor asked if there were any questions pending from the committee, to planning staff on this issue regarding the application. T Taylor asked if there were any members of the public who would like to speak toward this application. J Thomas introduced herself and had one question in relation to tabling the application; will the neighborhood be notified when the application is to be brought forward again? T Robichaud, answered yes, and that the application will be re -circulated once the applicant has had a chance to revise their application. J Thomas chose to reserve any further comments until this application is brought forward again. T Taylor asked A VanDyk if there were any other members of the public who would like to speak toward this application K Perry stated that he would like to reserve his comments for the next time this application is presented as per the recommendation to table. S Parish spoke to clarify the duration of time which the application will be tabled for, which is 90 days — and that the application will come before the committee again in February 2023. This will provide the applicant additional time to work out concerns from the neighbors. A re -circulation mailout notice will be sent to the residents within 120 metres. Minutes from November 24t", Meeting Page 6 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 table A2022-0041 as recommended by D Eastman, seconded by S Pojhola. Full text of decision: "That application A2022-0041, for Minor Variances to Section 3.1.c and 8.2 of Zoning By- law 84-63 to facilitate the construction of an accessory structure (detached garage) with a height of 5.8 metres, a total floor area for accessory structures of 143 square metres, and a reduce front yard setback of 9.6 metres be tabled for a period of up to ninety (90) days at the request of the applicant;" "Carried" 4.2 A2022-0047 Owner: David Purdy / Alyssa Coleman Applicant: David Purdy / Alyssa Coleman 139 Yacht Drive, Bowmanville Part Lot 8, Broken Front Concession, Former Town of Bowmanville T Taylor, via the Teams application with audio, asked if the owner/agent was online to present their application. A VanDyk noted an excerpt that was written by the applicant and sent to committee members and registered interested parties explaining their application as they were unavailable to present the application as they were out of the country at the time. T Taylor asking for confirmation from committee members if they had chance to read the owners comments. T Taylor asked if the committee has any questions for staff. D Eastman asked if there were any restrictive covenants associated with this property G Wallace responded these are restriction of what an owner can do to their property until the grading has been approved. He stated that it would be unlikely that any covenants were in place as the subdivision is over 10 years old. No Committee Members had any additional questions or comments. No member of the public spoke in support of or in opposition to the application. Minutes from November 24t", Meeting Page 6 Motion to approve A2022-0047 as recommended by G Wallace, seconded by J Bate. Full text of decision: "That application A2022-0047 for minor variances to Sections 13.4.54.d.iii) and 13.4.54.f.iii.b) of Zoning By-law 84-63 to facilitate the construction of a second storey deck by reducing the interior side yard setback from 0.6 metres to 0.46 metres and to increase lot coverage from 45% to 49.5% 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 A2022-0051 Owner: Braiden Wheel and Tire Applicant: D.G. Biddle & Associates 2679 Concession Road 7, Tyrone Part Lot 10, Concession 6, Former Town of Darlington T Taylor, via the Teams application with audio, asked if the owner/agent was online to present their application. A VanDyk, responded that the applicant/owner will not be joining the meeting as per the recommendation by Planning Staff to table the application. T Taylor asked if the committee has any questions for staff. No Committee Members had any questions or comments. No member of the public spoke in support of or in opposition to the application. Motion to table A2022-0051 as recommended by D Eastman, seconded by G Wallace. Full text of decision: "That application A2022-0051 for minor variances to Section 4 f. ii. d), of By-law 2021-082 as amended in Zoning By-law 84-63, to facilitate the construction of a new Additional Dwelling Unit in an accessory structure by increasing the permitted maximum height from 6.5 metres to 8 metres, be tabled until the next meeting of the Committee of Adjustment in order for the applicant to provide additional information." "Carried" Minutes from November 24t", Meeting Page 7 4.4 A2022-0052 Owner: Brendan Moroney Applicant: Colin Reaume (Sunspace Sunrooms) 51 Corporal Patterson Lane, Port of Newcastle Lot 30, Concession BF, Former Town of Clarke T Taylor, via the Teams application with audio, asked if the owner/agent was online to present their application. BJ Moroney owner of the property, provided property context of the property, spoke to factors such as insects to why they would like to build a sunroom that would be professionally constructed and with no objection from adjacent neighbors. Additionally, provided some detail on why himself and his neighbors believe that the proposed sunroom is minor in nature. T Taylor asked if any committee members had any questions for the applicant. No 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 A2022-0052 as recommended by S Pohjola, seconded by G Wallace. Full text of decision: "That application A2022-0052 for a minor variance to Section 13.4.40 c. v) of Zoning By-law 84-63 to facilitate the construction of an addition (sunroom) to a single -detached dwelling by reducing the minimum required rear yard setback from 5.0 metres to 3.4 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 November 24t", Meeting 4.5 A2022-0053 Owner/Applicant: Michael Carlson and Christine Tranter 46 Hunt Street, Bowmanville Pt Lot 11, Concession 1, Former Town of Bowmanville T Taylor, via the Teams application with audio, asked if the owner/agent was online to present their application. M Carlson gave some background on the application and the property noting it's been in the family for a couple generations. They experienced some roadblocks for previous development proposals from CLOCA; has issues with insects during certain times of year. T Taylor asked if any committee members had any questions for the applicant. No 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 A2022-0053 as recommended by J Bate, seconded by D Eastman. Full text of decision: "That application A2022-0053 for a minor variance to Section 12.2.1 b. i) b) of Zoning By-law 84-63 to facilitate the construction of an addition to a single detached dwelling by reducing the front yard setback (established building line) from 6.55 metres to 3.6 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 November 24t", Meeting Page 11 4.6 A2022-0054 Owner/Applicant: William Bowden 4 Glenview Road, Courtice Pt Lot 29, Concession 3, Former Town of Darlington T Taylor, via the Teams application with audio, asked if the owner/agent was online to present their application. W Bowden gave some background on the application and the proposed building dimensions and the property. T Taylor asked if any committee members had any questions for the applicant. D Eastman asked if the applicant was aware of the two conditions in the comments W Bowden replied he was aware of the conditions. T Taylor asked the applicant if they were in agreeance with the two conditions in which he was. No Committee Members had any further questions or comments. E Bungay — 19 Skinner Ct located to the north; after reading the report which answered some previous questions. Raised a question about drainage and erosion affecting their property. T Robichaud indicated that no concerns were raised from our Public Works department regarding drainage and indicated that there was a sufficient setback from the rear property line in which existing drainage patters would remain un-altered. No member of the public spoke in support of or in opposition to the application. Motion to approve A2022-0054 as recommended with the conditions noted in the Staff report by S Pohjola, seconded by J Bate. Full text of decision: "That application A2022-0054 for a minor variance to Section 3.1 c) of Zoning By-law 84-63 to facilitate the construction of a detached accessory structure by increasing the permitted maximum total floor area of all accessory structures from 60 square metres to 90 square metres be approved subject to the following conditions being satisfied at the time building occupancy is granted. A minimum of 5 coniferous trees, no less than 2.5 metres in height, be planted in the front and on the east side of the proposed accessory structure: and II. That the tarped accessory structure and garden shed be removed. Minutes from November 24t", Meeting Page 11 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 "Carried" 6. Adjournment Next Meeting: TBD Last Date of Appeal: December 14t", 2022 Moved by D Eastman, seconded by S Pohjola. "That the meeting adjourned at 7:15 p.m."