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HomeMy WebLinkAbout2023-03-30Clarftwn Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington March 301", 2023 Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville Preliminary Note This Committee of Adjustment meeting took place in a `hybrid' 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. Present: Annette VanDyk Acting Chairperson/Meeting Host Cindy Hammer Acting Chairperson/Meeting Host Tyler Robichaud Acting Secretary -Treasurer Sarah Parish Clarington Planning Staff Todd Taylor Chairperson Noel Gamble Member Dave Eastman Member Electronically Present: Shelley Pohjola Member Absent: Gord Wallace Member John Bate Member 1. Call to Order 2. Disclosures of Pecuniary Interest There were no pecuniary interests stated for this meeting. 3. Adoption of Minutes of Previous Meeting, February 23rd, 2023 Minutes from March 30th, Meeting Page 2 There was an administrative error in the distribution of the February meeting minutes - committee members will adopt February meeting minutes at the following Committee of Adjustment hearing. "That the minutes of the Committee of Adjustment, held on February 23rd, 2023, be adopted at the next meeting date" "Carried" 4. Applications: 4.1 A2023-0002 Owner: Evan King Applicant: Clinton Dochuk (HOM Drafting and Design) 2011 Brownsville Rd, Part Lot 18, Concession 2, Former Township of Clarke C Dochuk, the applicant, via the Teams application with audio, gave a verbal presentation to the Committee regarding the application and its background with the previous committee of adjustment meetings. T Taylor asked if there were any questions regarding the application from the committee members or members of the public. D Eastman asked if the cumulation of debris and materials on the property would be cleaned up and stored in the accessory structures. C Dochuk replied and verified that the materials and debris are intended to be stored in the accessory structure. No Committee Members had any additional questions or comments. No member of the public spoke in support of or in opposition to the application. Motion to approve A2023-0002 as recommended by D Eastman, seconded by N Gamble. Full text of decision: "That application A2023-0002 for a minor variance to Section 3.1 c. of Zoning By-law 84- 63 to facilitate the construction of a second storey loft within an existing accessory structure by increasing the maximum total accessory floor area for the subject property from 90 square metres to 175 square metres and to increase the height from 4.5 metres to 5.7 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." Minutes from March 30th, Meeting Page 3 "Carried" 4.2 A2023-0009 Owner/Applicant: Ryan Carr 96 Ontario Street, Bowmanville (severed) Lot 11, Concession 1, Former Township of Darlington R Carr, the owner, via the Teams application with audio, gave a verbal presentation to the Committee regarding the application and the background of the Minor Variance related to a Land Division application. T Taylor asked if there were any questions regarding the application from the committee members or members of the public. S Pohjola asked to clarify the location of the existing steps abutting the existing dwelling on the survey as they appeared to encroach the sidewalk in the Municipal right of way. T Robichaud confirmed that the steps are not encroaching the Municipal right of way. No Committee Members had any additional questions or comments. No member of the public spoke in support of or in opposition to the application. Motion to approve A2023-0009 as recommended by N Gamble, seconded by S Pohjola. Full text of decision: "That application A2023-0009 for minor variances to Sections 12.2.a.i) and 12.2.d.iv); within Zoning By-law 84-63 to facilitate a Land Division application (LD2021/046) by reducing the minimum required lot area for a semi - detached dwelling from 550 square metres to 534.6 square metres, and by reducing the minimum required rear yard setback from 7.5 metres to 5 metres on the severed parcel 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" Minutes from March 30th, Meeting Page 4 4.3 A2023-0010 Owner/Applicant: Ryan Carr 96 Ontario Street, Bowmanville (retained) Lot 11, Concession 1, Former Township of Darlington T Taylor asked if there were any questions regarding the application from the committee members or members of the public No Committee Members had any additional questions or comments. No member of the public spoke in support of or in opposition to the application. Motion to approve A2023-0010 as recommended by D Eastman, seconded by S Pohjola. "That application A2023-0010 for minor variances to Sections 12.2.1.b.i) b) and 12.2.1.b.i) c) within Zoning By-law 84-63 to facilitate a Land Division application (LD2021/046) by reducing the minimum required front yard setback from the established building line from 4.2 metres to 1.31 metres and by increasing the maximum required exterior side yard setback from the established building line off Albert Street from 2 metres to 3.61 metres, 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" 4.4 A2022-0012 Owner/Applicant: Scott Jeffrey - Jeffrey Homes 424 Northglen Boulevard, Bowmanville Lot 12, Concession 3, Former Township of Darlington. (Plan 40M-2628) S Jeffrey, the applicant, gave a verbal presentation to the Committee regarding the application and that home sales out of the temporary sales office in the model home have been moved to an appointment -based system to mitigate on -street parking concerns from the neighborhood. T Taylor asked if there were any questions regarding the application from the committee members or members of the public. N Gamble questioned the applicant on how they would ensure that that their appointment based system[PS1] will continue to be followed. S Jeffrey responded that for approximately 3 years since beginning sales out of that model home, no concerns with residents were raised and that Jeffrey homes has an Minutes from March 30th, Meeting Page 5 agreement in place with the Church located at 2606 Concession Road 3[PS2] for alternate overflow parking if there is no parking available. S Parish added that if parking concerns within the Municipal right of way were to arise then residents can contact Clarington's Municipal Law Enforcement Division. N Gamble asked the applicant what their intentions are with the model home in 6 months. S Jeffrey responded that Jeffrey Homes intends to sell the model home and establish a new model home in another location. [PS3] D Eastman asked the applicant if there have been any parking complaints aside from the original complaint. S Parish responded that there were no additional complaints filed with by-law to Staff's knowledge. D Eastman asked to clarify the timeline between the by-law complaint that initiated the subject application and the date which the Minor Variance application was submitted. S Jeffrey confirmed that the by-law complaint was received, and the Minor Variance application was applied for at a later date. S Pohjola asked the applicant to clarify which areas outside of Clarington are the home sales intended for. S Jeffrey replied that that homes sales are for a subdivision in Oshawa. S Pohjola asked the applicant to confirm if there has been an agreement registered for the draft plan of Subdivision in Oshawa. S Jeffrey replied that they are several months away from registering any agreements. S Pohjoa requested that the subdivision agreement be presented as there were concerns that the current use of the model home contravenes certain sections within the signed agreement. S Parish commented that no aspects of development have been changed or deviated from as well as the use of home sales is being continued as an `extended use' and the subdivision agreement for Northglen East doesn't specify the location of where homes are to be sold. S Pohjola requested that Section 3.26.(b) of Zoning by-law 84-63 be presented to the committee, which was read aloud by S Parish. S Pohjola asked if, and when the timelines stipulated in Section 3.26.(b) were met by the applicant. Minutes from March 30th, Meeting Page 6 S Jeffrey responded that the dwelling (424 Northglen) is the last lot within the subject plan of subdivision and that it has not yet been sold. S Pohjola asked if there was a model home agreement of any sort. S Parish responded that no specific agreement was produced in relation to a model home and noted the section within the Subdivision agreement that speaks to the rules about home sales in the model home. No Committee Members had any additional questions or comments. D Hart asked the applicant to confirm details of how long the subdivision lands in Oshawa have been owned. S Jeffrey replied that it's difficult to place a timeline however the lands have been owned for approximately 14 years. D Hart expressed opinion that the subject model home has never appeared to conform to the regulations of the zoning by-law - Section 3.26, specifically parking provisions. Noted that Jeffrey Homes has been advertising `sold out' online via the developer's website. Commented that Jeffrey Homes has neglected the safety of the community as they experienced safety violations during the construction phases, continue to have parking issues as well as snow clearing on the adjacent sidewalks. M Campbell expressed safety concerns that the nearby church is not a viable option for alternate parking as there is no sidewalk that connects the church parking lot to the sidewalk adjacent to 424 Northglen Blvd. D Hart asked the applicant if their model home permits have been approved in Oshawa. S Jeffrey replied, no. S Pohjola would like to receive staff's opinion after further consultation with the Municipality's Solicitor to determine if this use violates the subdivision agreement in any way. T Taylor asked if there were any further questions regarding the application from the committee members or members of the public No Committee Members or public had any additional questions or comments. Motion to table A2023-0012 as recommended by S Pohjola, seconded by D Eastman. "That application A2023-0012 for a minor variance to section 3.26(b) of Zoning By-law 84-63 to permit the use of a temporary sales office in an Urban Residential Exception (R2-54) Zone for a period of 6 months from the date the minor variance is approved is tabled for a period of up to (30) days to allow Planning Staff to consult with the Municipality's Solicitor to determine if this variance will impact the subdivision agreement." Minutes from March 30th, Meeting Page 7 "Carried" 7. Other Business None "Carried" 8. Adjournment Next Meeting: April 5th, 2023, Last Date of Appeal: April 19th, 2023 Moved by D Eastman, seconded by N Gamble. "That the meeting adjourned at 8:10 p.m."