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HomeMy WebLinkAbout2023-07-13 Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington July 13th, 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: Tyler Robichaud Assistant Secretary-Treasurer Cindy Hammer Meeting Host Morgan Jones Secretary-Treasurer Hebah Masood Planning Staff Akibul Hoque Planning Staff Nicklaus Gibson Planning Staff Todd Taylor Chair Shelley Pohjola Member Noel Gamble Member Gord Wallace Member 1. Call to Order The Acting 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, May 25th, 2023 Moved by S Pohjola Seconded by N Gamble “That the minutes of the Committee of Adjustment, held on May 25th, 2023, be approved.” “Carried” Minutes from July 13th, 2023, Meeting Page 2 4. Applications: 4.1 A2023-0016 Owner: Daniel Hogenbirk - 2774626 Ontario Inc. Applicant: Michael Fry - DG Biddle and Associates Location: 11B Duke Street, Bowmanville. Part Lot 11, Concession 1, Former Township of Darlington. M Fry, the applicant, in person in Council Chambers, gave a verbal presentation to the Committee and members of the public regarding the application which included an overview of the files he was representing; 11B and 13 Duke Street (A2023-0016 and A2023-0017). G Wallace asked a question to Staff. He asked to confirm that emergency services would be able to access the sites as he had some safety concerns. Staff responded that Fire and EMS would not have any issues accessing any of the structures on the property. G Wallace asked a question to Staff regarding the existing parking spaces along Duke Street that if they were going to remain as permanent spaces. Staff replied that the on- street parking along Duke Street is only temporary and would be addressed through the applicant’s Land Division application. The parking will ultimately be removed as the future property owners will have a sufficient amount of parking area on site. T Taylor asked if there were any questions regarding the application from the committee members or members of the public. M Hunter, a member of the public, in person in the Council Chambers, spoke regarding Minor Variance application, specifically 13 Duke Street and cited concerns of the proposed lot frontage and that such a lot would result in a structure too tall and would create privacy issues related to the proximity and height of the dwelling to his adjacent rear yard located on Durham Street. D Sher, a member of the public, via Microsoft Teams, spoke regarding Minor Variance application, specifically 13 Duke Street. He wanted to ‘echo’ M Hunter’s comments with concerns that if approved, that their opinion is that the reduction in lot frontage would create an ‘undersized’ lot and that it would be hard to imagine a dwelling on such a small (narrow) lot. Some other concerns were cited regarding tree removal as there are some old growth trees in the vicinity of the lot which they would like to see preserved. M Fry responded and acknowledged the comments from the members of the public and that they would be willing to co-operate with the adjacent homeowners by conducting a Tree Study to assess the health and safety of the old growth trees on the property and adjacent tree root systems. G Wallace had a question for Staff asking if there would be any issues with the grading and lot coverage of the proposed lot. Staff responded that there are no concerns regarding lot coverage given the larger than average depth of the property which is Minutes from July 13th, 2023, Meeting Page 3 approximately 50 metres and that the engineering department would review and ensure that the grading of the property is sufficient through a building permit application. No other Committee Members had questions or comments. A motion to approve A2023-0016 as recommended by G Wallace, seconded by N Gamble. Full text of decision: “That application A2023-0016, for minor variances to Sections 3.1.g.iv), 12.2.a.ii), 12.2.1.b.i.b), and 12.2.1.b.ii.a) in Zoning By-law 84-63, to facilitate a severance application (Land Division File # LD2023-024) on the retained lot by reducing the front yard setback from the established building line, from 6.14m to 1.65m, by decreasing the minimum permitted interior side yard setback without a garage from 3m to 0.6m, and by increasing maximum permitted front yard porch projection from 1.5m to 0m for an existing semi-detached dwelling. The other minor variances are to Sections 3.2.f.ii.c.ii) and Section 3.2.f.ii.b) of By-law 2021-082 as amended in Zoning By-law 84-63 to increase the maximum permitted lot coverage for an existing Additional Dwelling Unit in an accessory structure from 10% to 11.7%, and to reduce the minimum permitted side yard setback from 1.8m to 1.39m 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 and the Clarington Official Plan” “Carried” 4.2 A2023-0017 Owner: Daniel Hogenbirk - 2774626 Ontario Inc. Applicant: Michael Fry - DG Biddle and Associates Location: 13 Duke Street, Bowmanville. Part Lot 11, Concession 1, Former Township of Darlington. **See dialogue above 4.1 (A2023-0016)** A motion to approve A2023-0017 as recommended by N Gamble, seconded by S Pohjola. Full text of decision: That application A2023-0017 for minor variances to Sections 12.2.a.ii), 12.2.b.i), 12.2.1.b.ii.a), 12.2.1.b.ii.c), and 12.2.1.d.ii) in Zoning By-law 84-63, facilitate a severance application (Land Division File # LD2023-024) on the severed lot by reducing the minimum required interior lot frontage for a single detached dwelling from 15m to 8.57m, by reducing the minimum required interior lot area from 460 square metres to 431 square metres, by decreasing the minimum permitted interio r side yard setback without a garage from 3m to 0.6m, by reducing minimum permitted interior side yard setback on other side from 1.8m to 1.2m, and by reducing the minimum required front yard softscape from 50% to 47% be approved as they are minor in nature, desirable for the appropriate Minutes from July 13th, 2023, Meeting Page 4 development or use of the land and maintains the general intent and purpose of the Zoning By-law and the Clarington Official Plan. “Carried” 4.3 A2023-0018 Owner: Michael Provenzano Applicant: Michael Provenzano Location: 645 Townline Road North. Part Lot 35, Concession 3, Former Township of Darlington. M Provenzano, the applicant, via Microsoft Teams, gave a verbal presentation to the Committee and members of the public regarding their application. T Taylor asked a question to M Provenzano - There is a condition in the planning report, which states that at the time of building occupancy being granted for the new accessory structure, the applicant/owner owner removes (2) existing structures from the property which includes a shipping container, and accessory building located behind the dwelling . Do you agree to this condition? The Applicant/Owner acknowledged they read the Staff Report and agreed to the condition in the Staff Report. S Pohjola asked Staff if the application conformed to the policies within the Durham Region Official Plan. Staff responded that the residential use of the lot is permitted and therefore permits accessory structures to be constructed which are accessory to the residential use of the property. No Committee Members had any additional questions or comments. No member of the public spoke in support of or in opposition to the application. A motion to approve A2023-0018 as recommended by N Gamble, seconded by G Wallace. Full text of decision: That application A2023-0018, for Minor Variances to Section 3.1.c of Zoning By-law 84-63 to facilitate the construction of an accessory structure (detached garage) by increasing the permitted maximum total accessory floor area from 90 square metres to 149 square metres and increasing the maximum height from 4.5 metres to 5.9 metres, be approved subject to the following condition being completed at the time of building occupancy being granted for the new accessory structure: i. That the applicant/owner removes (2) existing structures from the property which includes a shipping container, and accessory building located behind the dwelling. Minutes from July 13th, 2023, Meeting Page 5 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 and the Clarington Official Plan. “Carried” 5. Other Business None 6. Adjournment Next Meeting: July 27th, 2023, Last Date of Appeal: August 2nd, 2023 Moved by N Gamble, seconded by S Pohjola. “That the meeting adjourned at 8:06 p.m.”