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HomeMy WebLinkAbout2023-07-27 Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington July 27th, 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: Jacob Circo Assistant Secretary-Treasurer Tyler Robichaud Planning Staff Cindy Hammer Meeting Host Morgan Jones Secretary-Treasurer Hebah Masood Planning Staff Akibul Hoque Planning Staff Todd Taylor Chair Shelley Pohjola Member Dave Eastman Member Noel Gamble Member Absent with regrets: Gord Wallace Member John Bate Member 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. 3. Adoption of Minutes of Previous Meeting, July 13th, 2023 Moved by S Pohjola Seconded by N Gamble “That the minutes of the Committee of Adjustment, held on July 13th, 2023, be approved.” Minutes from July 27th, 2023 Meeting Page 2 “Carried” 4. Applications: 4.1 A2023-0023 Owner: Ginnie and Michael Berney Applicant: Ginnie and Michael Berney 2704 Rundle Road, Part Lot 23, Concession 2, Former Township of Darlington G Berney, the homeowner and applicant, in person in Council Chambers, gave a verbal presentation to the Committee regarding the application. D Eastman asked – Mr. Chair, I just want to clarify something when you were reading the description you said Lot 18, Concession 4, it is not part lot 23 concession 2? T Taylor responded – Correct, the agenda is incorrect and confirmed with J Circo that the correct legal description is Lot 18, Concession 4, Former Township of Darlington. T Taylor asked if there were any questions regarding the application from the committee members. S Pohjola asked a question to Staff – Staff to comment on compliance to the Regional Official Plan? J Circo responded – The application is in conformity with the Regional Official Plan. S Pohjola asked a question to Staff - Why is that? J Circo responded – The residential use is permitted within Major Open Spaces designation in the Durham Regional Official Plan, and this is the same within the Municipality of Clarington’s Official Plan. T Taylor asked if there were any questions regarding the application from members of the public. No other Committee Members had questions or comments. No member of the public spoke in support of or in opposit ion to the application. *Note: following the Committee of Adjustment Meeting, Staff checked again, the legal description noted in the above discussion which states: “Part 18 and Concession 2”, is incorrect, and the correct legal description was on the Me eting Agenda for this application, that being Part Lot 23 Concession 2, Former Township of Darlington”. Motion to approve A2023-0023 as recommended by N Gamble, seconded by D Eastman. Full text of Decision: Minutes from July 27th, 2023 Meeting Page 3 “That the application A2023-0023, for Minor Variances to Section 3.1.c of Zoning By-law 84-63 to facilitate the construction of an accessory building by increasing the maximum total accessory floor area from 90 square metres to 200 square metres and increasing the maximum height from 4.5 metres to 6.2 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” 4.2 A2023-0024 Owner: Johnny Levasseur Applicant: Jeff Neundorf 7 Second Street, Part Lot 12, Concession 2, Former Township of Bowmanville T Taylor clarified for the record in speaking with Staff with regards to the legal description for this application, that the part lot number is 12 and the concession number is 2 in the former Township of Bowmanville. The agenda is incorrect with saying that legal description saying that the part lot number is 18 and concession number 4 in the former Township of Darlington for this application. J Neundorf, the applicant, in person in Council Chambers, gave a verbal presentation to the Committee regarding the application. T Taylor asked a question to J Neundorf – There is a condition in the planning report, which I think you have read, and it says that the applicant/owner remove the other existing accessory building (the shed) that is not identified in the site plan submitted with the Minor variance application prior to the proposed ADU in an accessory building be granted. This is what you have agreed to do, correct? J Neundorf acknowledged they read the Staff Report and agreed to the condition in the Staff Report. T Taylor asked if there were any questions regarding the application from the committee members. S Pohjola asked a question to Staff- How will parking work on the site with the additional ADU? J Circo responded – Parking requirements consist of one parking space per residential unit. In saying that single detached dwellings as per the general provisions in the Zoning By-law already has a minimum of 2 outdoor parking spaces provided. Therefore, the parking requirements are sufficient for the ADU that is being proposed for this property. S Pohjola asked a question to staff – So that satisfies the context of the driveway that is shown? J Circo responded – To my understanding there is a proposal to extend the driveway to Minutes from July 27th, 2023 Meeting Page 4 where you see the proposed ADU. However, everything is in compliance with the other zoning regulations in terms of landscape open space . S Pohjola asked a question to Staff – Please confirm conformity with the Regional Official Plan. J Circo responded – The Regional Official Plan designates the property as a Living Areas. This proposed ADU within an accessory structure is an accessory use to the principal dwelling that being the single detached dwelling, therefore it is in conformity with the Regional Official Plan. T Taylor asked if there were any questions regarding the application from the committee members or members of the public. 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 A2023-0024 as recommended by S Pohjola, seconded by D Eastman. Full text of Decision: “That application A2023-0024, for a Minor Variance to Section 3.2.f.ii.c.i) of By-law 2021- 082, as amended in Zoning By-law 84-63, to facilitate the construction of an accessory building containing an Additional Dwelling Unit by increasing the maximum total lot coverage for all accessory buildings from 10% to 15%, be approved subject to the following condition being completed: i. That the applicant/owner remove the other existing accessory building (shed) that is not identified in the site plan submitted with the minor variance application prior to the proposed ADU in an accessory building being granted building occupancy; 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 Regional Official Plan and the Clarington Official Plan”. “Carried” 5. Other Business None 6. Adjournment Next Meeting: August 31st, 2023, Last Date of Appeal: August 16th, 2023 Moved by D Eastman, Seconded by N Gamble. “That the meeting adjourned at 7:19 p.m.”