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HomeMy WebLinkAbout2023-09-28Clarbsqoii Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington September 28t", 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 Cindy Hammer Meeting Host Morgan Jones Secretary -Treasurer Akibul Hoque Planning Staff Nicklaus Gibson Planning Staff Todd Taylor Chair Shelley Pohjola Member Dave Eastman Member John Bate Member Noel Gamble Member Gord Wallace Member 1. Call to Order The Chair called the meeting to order at 7:00 p.m. 2. Land Acknowledgement Statement The Chair recited the Land Acknowledgement Statement. 3. Disclosures of Pecuniary Interest There were no pecuniary interests stated for this meeting. 4. Adoption of Minutes of Previous Meeting, July 27t", 2023 Moved by D Eastman Seconded by S Pohjola Minutes from September 28t", 2023, Meeting Page 2 "That the minutes of the Committee of Adjustment, held on July 27t", 2023, be approved." "Carried" 5. Adoption of Minutes of Previous Meeting, August 31st, 2023 Moved by D Eastman Seconded by G Wallace "That the minutes of the Committee of Adjustment, held on August 31 st, 2023, be approved." "Carried" 6. Applications: 6.1 A2023-0025 Owner: T&C Small Engine Repair Reality Inc. Applicant: Nicole Mountain, and Michael Fry 2297 Taunton Road, Part Lot 18, Concession 4, Former Township of Darlington M Fry, the applicant, attended virtually through Microsoft Teams gave a verbal presentation to the Committee regarding the application. D Eastman asked a question to Staff- Could you clarify the intended focus and scope of the provided definitions and regulations, specifically pertaining to their alignment with agricultural or directed business purposes? J Circo responded- The purpose of defining the terms is to clearly identify the various items that will be sold on the property, ensuring compliance with existing zoning permissions in the "Agricultural Exception (A-36)" Zone. The definitions provided, such as golf cart, multipurpose off -road utility vehicle, and utility trailers, are not currently outlined in Zoning By-law 84-63. The intent of introducing these definitions and associated regulations is to be explicit and precise about what type of vehicles can be repaired, stored and offered for sale at this property. The regulations in the decision are similar to those found in the general provisions of the zoning by-law. For instance, regulations for recreational vehicles stipulate specific sizes that are permissible. We discussed this matter with the applicant to determine the sizes needed, aligning the regulations with the types of vehicles to be sold at this location, encompassing various sizes and types. Since these are additional uses, our existing general provisions do not address specifics about the types of vehicles . For instance, the definition of a "utility trailer" was adapted from Zoning By-law 2005-109, as it provides a more defined understanding of utility trailers. This demonstrates how we have structured the definitions and regulations for clarity and alignment with the intended scope. Minutes from September 28t", 2023, Meeting Page 3 D Eastman responded- The Committee received an email from the applicant, which included attached pictures. Notably, one of the pictures depicted a skidoo, enclosed trailer and a PWC trailer, which contradicted the definition outlined. Could you clarify the definition of a utility trailer, which explicitly states that trailers should not be fully unenclosed? J Circo responded- The purpose of defining a utility trailer was emphasized to ensure that only unenclosed utility trailers, specifically small trailers that can be easily hooked up to a truck, are being located on the property. The objective is to avoid the sale of enclosed trailers typically seen in cartage or transport depots, which may include larger trailers like tractor -trailers. The intent is to maintain the focus on smaller, unenclosed trailers that can be conveniently connected to a truck for smaller -scale hauling purposes. D Eastman responded- Could you clarify if the fully unenclosed trailer shown in the picture is considered a permitted type of utility trailer, given the definition provided that excludes trailers designed to be towed as part of a tractor -trailer? J Circo responded- To clarify, a fully unenclosed trailer is permitted, and enclosed trailers are not. D Eastman responded- The wording or definition of utility trailer in the recommendation of the staff report may need to be corrected for what the applicant wants to sell. J Circo deferred the question to the Secretary -Treasurer. M Jones responded- Referring to the end of the condition for utility trailers, aiming to clarify that it should read "enclosed" and not "unenclosed". We should make that amendment tonight if the Committee is willing. The goal of the condition is to prevent the repair, sale or storage of enclosed trailers and specifically permit the sale of unenclosed trailers. Therefore, I am agreeing that the current wording is incorrect and needs to be rectified. T Taylor- Thank you for that clarification. N Gamble asked a question to staff- If six months from now, the property owners decide to include the sale of ski-doos, will they need to revisit the Committee of Adjustment for another minor variance? J Circo responded- It is emphasized that for such usage, ski-doos, for instance, obtaining permission for recreational vehicle outdoor storage is essential. However, this type of usage does not align with the intended purpose of the additional use in question. If the owner intends to pursue this kind of usage in the future, options such as obtaining a minor variance or, if the proposal significantly deviates from the existing zoning permissions and the scope of additional uses, considering a rezoning application may be necessary. T Taylor asked if there were any questions regarding the application from members of the public. No other Committee Members had questions or comments. Minutes from September 28t", 2023, Meeting Page 4 No member of the public spoke in support of or in opposition to the application. Motion to approve A2023-0025 as recommended by N Gamble, seconded by G Wallace. Full text of Decision: "That application A2023-0025 for a minor variance to Section 6.4.36 of Zoning By-law 84- 63, to add additional uses to the existing "Agricultural Exception (A-36)" Zone to allow outdoor storage, outdoor repair, and selling of golf cart, multi -purpose off -road utility vehicles, and utility trailers, be approved, subject to the following conditions: Definitions: a. "Golf Cart" is defined as an electric -powered or gas -powered four - wheeled vehicle originally designed and manufactured for operation on a golf course for sporting purposes and can be used for supporting active farming operations; and b. "Multi -purpose off -road utility vehicle" is defined as an electric - powered or gas -powered four -wheeled vehicle originally designed and manufactured for off -road operation for recreational purposes and can be used for supporting active farming operations; and c. "Utility Trailer" is defined as a trailer designed and used for the transport of materials and that is capable of being towed by a motor vehicle. The term utility trailer shall not include a trailer designed to be towed as part of tractor -trailer that is a commercial motor vehicle, or a utility trailer that is fully enclosed; and ii. Regulations a. A golf cart shall not exceed an 8-passenger vehicle with a maximum length of 4.3 metres, a maximum width of 1.25 metres, a maximum vehicle height of 1.85 metres, and maximum vehicle weight is 0.75 tonnes; and b. Multi -purpose off -road utility vehicle shall not exceed a maximum length of 4.3 metres, a maximum width of 1.55 metres, a maximum vehicle height of 2 metres, and a maximum vehicle weight is 0.80 tonnes; and c. Utility trailer shall not exceed a maximum length of 8.2 metres, a maximum width of 2.6 metres exclusive of hitch or tongue, a maximum height of 2.9 metres, and a maximum weight of 9 tonnes; and d. The outdoor storage area shall only be used for the storage of equipment, machines and goods that are for retail sale or repair with regards to the farm implement and machine sales and service establishment use, and outdoor storage, outdoor repair, and selling of golf carts, multi -purpose off -road utility vehicle, and utility trailer. The outdoor storage area cannot exceed 20% of the lot area; and e. Maximum outdoor display area of 179 square metres, and setback a minimum of 6 metres from exterior side lot line (facing Taunton Road); 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 Clarington Official Plan." Minutes from September 28th, 2023, Meeting Page 5 "Carried" 6.2 A2023-0031 Owner: David Baker Applicant: Clinton Dochuk 368 Northglen Blvd, Part Lot 12, Concession 3, Former Township of Clarington C Dochuk, the applicant, attended virtually through Microsoft Teams, gave a verbal presentation to the Committee regarding the application. G Wallace asked a question to the applicant- Did you see the concern about the lot grading certification? C Dochuk responded- We are aware of the lot grading concern, and if they require us to certify, then we can assist with the certification process by conducting a property survey. This survey would demonstrate the intent to maintain appropriate grading for the property as needed. G Wallace responded- What Development Engineering Division is stating in their comments, is that you get the certification for a lot grading done prior to building this deck. Does that fit within your plans? C Dochuk responded- This is a very new development, and we can achieve the grading certification before being given a building permit. G Wallace responded- When do you plan on building the deck? C Dochuk responded- At this stage, this late in the year, probably not going to be building until in spring of the new year. But if approval is necessary for the grading of these lots first, then that will have to be achieved prior to constructing the deck. G Wallace asked a question to staff- Why didn't we include engineering comments as a condition of approval in the recommendations? J Circo responded- The permitting process would capture the lot grading. Further explanation was deferred to the Secretary -Treasurer. M Jones responded- This is a relatively new subdivision, and it is going to be the developer's obligation to clear the lot grading as they are the ones who did the construction including all the grading. Therefore, it is not a condition of approval for this committee of adjustment decision because lot grading is already a condition of the subdivision approval process, and they are obligated to meet that requirement and we want to avoid repetition of conditions that exist in other processes. G Wallace responded- In these new subdivisions, if you build something prior to certification, and the lot grading must be adjusted, then you have to tear down everything you built? Minutes from September 28th, 2023, Meeting Page 6 M Jones responded- We find most subdivisions, property owners do things the right way, and want to do things the right way. Typically, they only undertake landscaping, fencing or any types of decks once the lot grading is certified. In addition, the lot grading will be captured through permitting with our Building Division, as one of the requirements for the applicant to satisfy prior to the issuance of a building permit . The lot grading is not a condition of approval for this minor variance application because we already imposed this condition elsewhere. Today, the Committee, if they were to make a favorable decision, is simply approving a minor variance to the Zoning By-law for a certain aspect that cannot be complied with. All other aspects, building permits, lot grading and other matters that have their own processes to be adhered to are outside the scope of this Committee. 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 A2023-0031 as recommended by D Eastman, seconded by J Bate. Full text of Decision: "That application A2023-0031 for minor variances to Section 12.4.71.(c).iv) and 3.1.(g).iv) of Zoning By-law 84-63, to facilitate the construction of a deck by reducing the rear yard setback to the deck from 8.5 metres to 0.6 metres and to increase the rear yard deck projection from 1.5 metres to 7.9 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, and Clarington Official Plan." "Carried" 7. Other Business None 8. Adjournment Next Meeting: October 26th, 2023 Last Date of Appeal: October 18th, 2023 Moved by G Wallace, seconded by N Gamble. "That the meeting adjourned at 7:33 p.m." "Carried"