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HomeMy WebLinkAbout2024-02-29 Clar• ngton Minutes and Decisions of the Committee of Adjustment Corporation of the Municipality of Clarington As per: The Planning Act, and in accordance with the Provincial Rules of Procedure Thursday February 29, 2024 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: Cindy Hammer Meeting Host Elissa Kellaway Meeting Host Morgan Jones Secretary-Treasurer Lucy Pronk Planning Staff Nicklaus Gibson Acting Secretary-Treasurer Tyler Robichaud Acting Secretary-Treasurer Jacob Circo Planning Staff Todd Taylor Chair Dave Eastman Member John Bate Member Shelley Pohjola Member Gord Wallace Member Brad Whittle Member Absent with Regrets Noel Gamble Member 1. Call to Order The Chair called the meeting to order at 6:30 p.m. 2. Land Acknowledgement Statement The Chair recited the Land Acknowledgement Statement. Minutes-February 29, 2024 Page 2 Committee of Adjustment Meeting 3. Declaration of Interest for Consent Applications "None" 4. Consent Applications: 4.1 File Number: B-2024-0001 Owner/Agent: Steve Anderson, Clean Cut Renovation Ltd / Michael Fry, D.G. Biddle & Associates Ltd. Staff: Tyler Robichaud Address: 6 Brown Street, Bowmanville Lot: LOT 11 Conc.: CON 1 Cross Reference File (A-2023-0035) Application: Proposed consent to facilitate the creation of a new lot. The existing dwelling is proposed to be demolished with new single detached dwellings proposed to be constructed on the retained and severed parcels. As proposed, each part will have a frontage of 14.02 metres, an average depth of 27.34 metres and Part 1 (retained) having a lot area of 382 square metres and Part 2 (severed) having a lot area of 384 square metres. Public notification was conducted in accordance with the Planning Act which included signage being installed on the subject site and a mail out to all property owners within 60 metres of the subject site. Comments were received in opposition to the application from members of the public: In attendance to speak to B-2024-0001 — Peggy Clark, 40 Liberty St N, Bowmanville. P. Clark — Spoke to the importance of shade trees adding character to the Neighborhood Character Overlay area. P. Clark voiced concerns with the proposed development resulting in the removal of shade trees on the subject lands. P. Clark voiced some general concerns about climate change and the removal of trees resulting in a lack of shade in the neighbourhood as well as concerns pertaining to the storm sewers reaching capacity with added development. Lastly, P. Clark voiced some concerns regarding snow removal implications, increased traffic, and noise pollution with the addition of a new lot. D. Eastman —Would like to point out to the Speaker, that the proponent is responsible for giving a deposit to the Municipality for any damages, and one of the items is to replace any trees that are damaged or removed during construction. Staff recommends that the application be approved subject to the conditions noted in the staff report. Minutes-February 29, 2024 Page 3 Committee of Adjustment Meeting Motion to approve B2024-0001 as recommended by Brad Whittle, seconded by Shelley Pohjola. Full text of Decision: The application B-2024-0001 is for the proposed creation of a new lot, having reviewed of all agency comments and oral and written submissions hereby move that the application be approved as applied for, subject to the conditions detailed in the Staff report. Conditions Of Approval: Section 1: General 1. That the applicant satisfies all the requirements of the Regional Municipality of Durham concerning the provision of Regional services, financial and otherwise as detailed in the Regional Works letter dated February 27th 2024. 2. That the applicant satisfies all the requirements of the Regional Municipality of Durham Planning and Economic Development Department, financial and otherwise as detailed in the Regional Planning and Economic Development letter dated February 27th, 2024. 3. The owner, applicant or agent must enter into a consent agreement with the Municipality of Clarington. 4. The owner, applicant or agent must provide a draft Reference Plan with the application which will be reviewed by the Planning and Infrastructure Department and approved by the Municipality prior to registration; Registration of this Reference Plan is done by the owner, applicant or agent's surveyor at the expense of the owner/applicant or agent and shall be completed prior to the registration of the consent agreement; 5. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance of a clearance letter. 6. Once all other conditions have been satisfied, the applicant shall engage their solicitor to provide the Municipality with: a. The original executed transfer/deed a duplicate original and one (1) photocopy; b. One copy of the registered reference plan; c. An accompanying letter with a request that the severing transfer/deed be stamped. Section 2: Planning Requirements 7. The applicant shall ensure that any new lots created through a severance, whether retained or severed, comply with the applicable provisions of Zoning By-law 84-63. In the case of the application B-2024-0001 a Minor Variance application is required to be approved to vary the minimum lot area and minimum lot frontage provisions to facilitate the creation of the severed and retained lands. Minutes-February 29, 2024 Page 4 Committee of Adjustment Meeting 8. To ensure that any new lot created through severance, whether retained or severed comply with all applicable provisions of Zoning By-law 84-63. Staff will review the registered reference plan once submitted to ensure compliance with all applicable zoning provisions. 9. The applicant must demolish the existing single detached dwelling on the existing parcel; a demolition permit is required. 10.The applicant shall pay the Municipality an amount in lieu of conveying land for park or other public recreational purposes under Section 53 (12.1) and (13) of the Planning Act, R.S.O,c.P.13. This payment is equivalent to 5% of the value of the severed parcel. To determine the value of the land, the applicant shall retain a certified Land Appraiser to prepare a land appraisal. Advisory Notes 1. It is the owner, applicant/and or agent's responsibility to fulfill the conditions of consent approval within two (2) years from the date of the notice of decision pursuant to Section 53 of the Planning Act. We will issue no further notice or warning of the expiration of the two-year period. 2. If the conditions to consent approval are not fulfilled within two (2) years from the date of the notice of decision and the applicant is still interested in pursuing the proposal, a new consent application will be required. Committee Member Yes No Digital Signature John Bate x b: Dave Eastman x Noel Gamble Absent Shelley Pohjola x .�- Todd Taylor x Gord Wallace No Vote Brad Whittle x + tI "Carried" Minutes-February 29, 2024 Page 5 Committee of Adjustment Meeting 4.2 File Number: B-2024-0002 Owner/Agent: Alexander Ford Staff: Tyler Robichaud Address: 56 Little Avenue, Bowmanville Lot: LOT 13 Conc.: CON 1 Application: The purpose of the application is to facilitate the creation of a new lot. The existing dwelling is proposed to remain and undergo interior structural alterations to be converted into a semi- detached dwelling. As proposed, each part will have a frontage of 11.43 metres, an average depth of 30.48 metres, and an average area of 348.38 square metres. Public notification was conducted in accordance with the Planning Act which included signage being installed on the subject site and a mail out to all property owners within 60 metres of the subject site. No comments were received in opposition to the application from external agencies or internal departments. Written comments were received in opposition to the application from one member of the public. The nature of the concern was that "any new build be required to fit in with the existing style of homes in the immediate area" and "that any new semi, is restricted to only a family dwelling and not a ruse to slide in an illegal basement apartment in each side". Said comments were noted in the staff report and taken into consideration by staff in the preparation of their recommendation. A. Ford — Discussed the agency conditions in the Staff report and stated that as per the Development Engineering Department's comments, he was not sure of the need for entrance permits as there are two existing driveways for each side of the dwelling and in regard to the Region's conditions regarding a soil sample as the subject lands are a part of an existing neighborhood 40+ years old. A. Ford asked if there was a possibility for flexibility in the conditions, however at this point he does accept them. T. Robichaud — Although the Region's conditions are within Clarington's Staff report, it is understood that further discussions are to be had directly with the Region regarding the possibility of flexibility in satisfying their conditions. The Development Engineering Conditions were provisional in case of future entrance modifications related to the development. In attendance to speak to Application B2024-0002 — Thomas Parson, 56 Little Avenue, Unit 2 T. Parson — Spoke to concerns with what the living conditions will look like moving forward. As he resides at the subject property as a tenant. Had concerns about changes to the lease, shared driveways access. Wondering what the space would look like if this application is approved. In addition, noted there are lots of children playing on the street out front — concerns about the increase in traffic in the neighborhood. Minutes-February 29, 2024 Page 6 Committee of Adjustment Meeting Motion to approve B-2024-0002 as recommended by Brad Whitten seconded by Dave Eastman. Full text of Decision: The application B-2024-0002 is for the proposed creation of a new lot, having reviewed of all agency comments and oral and written submissions hereby move that the application be approved as applied for, subject to the conditions detailed in the Staff report. Conditions of Approval: Section 1: General 1. That the applicant satisfies all the requirements of the Regional Municipality of Durham concerning the provision of Regional services, financial and otherwise as detailed in the Regional Works letter dated February 27th 2024. 2. That the applicant satisfies all the requirements of the Regional Municipality of Durham Planning and Economic Development Department, financial and otherwise as detailed in the Regional Planning and Economic Development letter dated February 27th, 2024. 3. The owner, applicant or agent must enter into a consent agreement with the Municipality of Clarington. 4. The owner, applicant or agent must provide a draft Reference Plan with the application which will be reviewed by the Planning and Infrastructure Department and approved by the Municipality prior to registration; Registration of this Reference Plan is done by the owner, applicant or agent's surveyor at the expense of the owner/applicant or agent and shall be completed prior to the registration of the consent agreement; 5. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance of a clearance letter. 6. Once all other conditions have been satisfied, the applicant shall engage their solicitor to provide the Municipality with: a. The original executed transfer/deed a duplicate original and one (1) photocopy; b. One copy of the registered reference plan; c. An accompanying letter with a request that the severing transfer/deed be stamped. Section 2: Planning Requirements 7. Applicant is to submit a building permit application for structural alterations to convert the existing dwelling into a semi-detached dwelling to establish a common wall horizontally dividing the building into two separate dwelling units. Once the building permit is issued and final occupancy is granted, the applicant will be required to provide a draft Reference Plan prepared by an OLS that delineates the common wall to the satisfaction of the Planning and Infrastructure Services Department, prior to registration of the plan. Minutes-February 29, 2024 Page 7 Committee of Adjustment Meeting 8. The applicant shall ensure that any new lots created through a severance, whether retained or severed, comply with the applicable provisions of Zoning By-law 84-63. 9. To ensure that any new lot created through severance, whether retained or severed comply with all applicable provisions of Zoning By-law 84-63. Staff will review the registered reference plan once submitted to ensure compliance with all applicable zoning provisions. 10.The applicant shall pay the Municipality an amount in lieu of conveying land for park or other public recreational purposes under Section 53 (12.1) and (13) of the Planning Act, R.S.O,c.P.13. This payment is equivalent to 5% of the value of the severed parcel. To determine the value of the land, the applicant shall retain a certified Land Appraiser to prepare a land appraisal. Advisory Notes 1. It is the owner, applicant/and or agent's responsibility to fulfill the conditions of consent approval within two (2) years from the date of the notice of decision pursuant to Section 53 of the Planning Act. We will issue no further notice or warning of the expiration of the two-year period. 2. If the conditions to consent approval are not fulfilled within two (2) years from the date of the notice of decision and the applicant is still interested in pursuing the proposal, a new consent application will be required. The matter was then put to a vote and was carried out as follows, signed by all members present and concurring that this is the Committee Decision on B2024-0002 on February 29t", 2024. Committee Member Yes No Digital Signature John Bate x Dave Eastman x Noel Gamble Absent Shelley Pohjola x ' Todd Taylor x Gord Wallace No Vote Brad Whittle x "Carried" Minutes-February 29, 2024 Page 8 Committee of Adjustment Meeting 4.3 File Number: B-2024-0004 (formerly LD 132/2016) & B-2024-0005 (formerly LD 133/2016) Owner/Agent: Michael Fry, D.G. Biddle & Associates Ltd. Staff: Tyler Robichaud Address: 3131 Tooley Road, Courtice Lot: LOT 33 Conc.: Con 3 Application: The purpose of the application is to facilitate the creation of 2 new lots. As proposed, the purpose of application B-2024-0004 (X-Ref LD 132/2016) is to sever an 1 ,130.91 square metre vacant residential lot, retaining a 10,737.56 square metre residential lot with an existing dwelling to be demolished. The purpose of application B-2024-0005 (X-Ref LD133/2016) is to sever an 1,137.83 square metre vacant residential lot, retaining a 10,730.64 square metre residential lot with an existing dwelling to be demolished. These applications were previously tabled by the Durham Region Land Division Committee in February of 2022, with an expiration of February 2024. Notice of the Committee of Adjustment Hearing was circulated to the Region of Durham, owner/applicant and interested parties. Any future revisions to the previously submitted applications will require a new circulation of public notice before it is lifted from the table on a future agenda. M. Fry— Presented the details of the application and mentioned that the subject lands and lands immediately to the west form part of an ongoing application for Draft Plan of Subdivision and noted the delay regarding the application was due to the preparation of an Environmental Impact Study. Staff recommend that the applications be tabled as per the recommendation noted in the staff report. Motion to table B2024-0004 as recommended by Dave Eastman and seconded by John Bate. Full text of Decision: That application, B2024-0004 having reviewed and considered all the agency comments and heard the oral submissions I hereby move that the application be tabled at the expense of the applicant for up to two years, 24 months until no later than February 2026, a tabling fee of $310.00 is payable online within 30 days of today's meeting, failure to pay the required fee may result in denial of the application. Minutes-February 29, 2024 Page 9 Committee of Adjustment Meeting The matter was then put to a vote and was carried out as follows, signed by all members present and concurring that this is the Committee Decision on B2024-0004 on February 29th, 2024. Committee Member Yes No Digital Signature John Bate x Dave Eastman x Noel Gamble Absent Shelley Pohjola x Todd Taylor x Gord Wallace No Vote Brad Whittle x , "Carried" Additional motion to table B-2024-0005 as recommended by Shelley Pohjola and seconded by Brad Whittle. Full text of Decision: That application, B2024-0005 having reviewed and considered all the agency comments and heard the oral submissions I hereby move that the application be tabled at the expense of the applicant for up to two years, 24 months until no later than February 2026, a tabling fee of $310.00 is payable online within 30 days of today's meeting, failure to pay the required fee may result in denial of the application. The matter was then put to a vote and was carried out as follows, signed by all members present and concurring that this is the Committee Decision on B2024-0004 on February 29th, 2024. Committee Member Yes No Digital Signature John Bate x Dave Eastman x i Noel Gamble Absent Shelley Pohjola x Todd Taylor No Vote Minutes-February 29, 2024 Page 10 Committee of Adjustment Meeting Gord Wallace No Vote Brad Whittle x "Carried" Minutes-February 29, 2024 Page 11 Committee of Adjustment Meeting 4.4 File: B-2024-0007 Owner/Agent: Erik Mirtsou, Candevcon Limited Staff: Tyler Robichaud Address: 29 Lambs Lane, Bowmanville Lot: LOT 12 Conc.: CON 2 Application: The purpose of the application is to facilitate the creation of a new lot. As proposed, the application is to sever a 491.98 square metre residential parcel of land with 12.87 metres of frontage, retaining a 451.09 square metre residential parcel of land with 12.87 metres of frontage. These applications were previously tabled by the Durham Region Land Division Committee in February of 2022, with an expiration of February 2024. The subject application was circulated to the owner/applicant and interested parties. Any future revisions to the previously submitted application will require a new circulation of public notice before it is lifted from the table on a future agenda. Staff recommend that the applications be tabled as per the recommendation noted in the staff report. M. Yaseen —presented the application on behalf of the owner and discussed the intended future use of the property as a residential semi-detached dwelling. Motion to table B2024-0007 as recommended by Brad Whittle, seconded by Dave Eastman. Full text of Decision: That application, B2024-0007, having reviewed and considered all the agency comments and heard the oral submissions I hereby move that the application be tabled at the expense of the applicant for up to two years, 24 months until no later than February 2026, a tabling fee of $310.00 is payable online within 30 days of today's meeting, failure to pay the required fee may result in denial of the application. Minutes-February 29, 2024 Page 12 Committee of Adjustment Meeting The matter was then put to a vote and was carried out as follows, signed by all members present and concurring that this is the Committee Decision on B2024-0007 on February 29th, 2024. Committee Member Yes No Digital Signature John Bate x Dave Eastman x Noel Gamble Absent Shelley Pohjola x .f.- Todd Taylor x Gord Wallace No Vote Brad Whittle x "Carried" 5. 5 Minute Recess 6. Declarations of Interest for Minor Variance Applications "None" 7. Minor Variance Applications 7.1 File: A2023-0035 Owner: Steve Anderson Agent: Michael Fry Address: 6 Brown Street, Bowmanville Application: The purpose of the application is to support a land severance application (B 2024-0001) to permit the construction of two single detached dwellings containing two additional dwelling units (each on their own lot), with a reduction in lot frontage from 15 metres to 14 metres, and a reduction in lot area from 460 square metres to 380 square metres, to reduce the minimum interior side yard setback from 1.8m to 1.25m, to increase the maximum permitted height from 8.5m to 12.25m, to reduce the minimum required front yard setback that being the established building line from 7.67m to 5.78m, to reduce the minimum required landscaped open space from 40% to 23%, to reduce the minimum requirement of 1 parking space per additional Minutes-February 29, 2024 Page 13 Committee of Adjustment Meeting dwelling unit to 1 parking space per dwelling unit, and to have a separate entrance for the additional dwelling unit situated within the front building fagade, in addition to the principal dwelling unit entrance. Public notification was conducted in accordance with the Planning Act which included signage being installed on the subject site and a mail out to all property owners within 60 metres of the subject site. Comments were received from Development Engineering, as they are not in support of the application for the proposed parking reduction and that a stormwater management brief is required to support the reduction in landscaped open space. Furthermore, Clarington Building Division and Clarington Emergency and Fire Services Department did not have any further comments and have no objection to the application. No comments were received in opposition to the application from members of the public. Staff recommends that application A2023-0035 for a minor variance to Section 12.2 (a) i) and Section 12.2 (b) ii) of Zoning By-law 84-63 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; and that application A2023-0035 for a Minor Variance to Section 12.2.1 b. ii) c), Section 12.2.1 (e) ii), Section 12.2.1 (a) ii), Section 12.2.1 (d) i), Section 12.2 (d) iv), Section 3.16 of Zoning Bylaw 84-63, amended by By-law 2021-082, and Section 3.2e) of Bylaw 2021-082 amended by Zoning By-law 84-63; be tabled for up to 6 months to allow for further discussion between staff and the applicant to address various site design matters. S. Pohjola — Question regarding approving part and tabling part of this Minor Variance, rather than dealing with it all at the same time. N. Gibson—Staff feel some of the variances are not appropriate at this time. There needs to be further discussions on those variances between the applicant and staff. S. Pohjola — In light of that I am recommending tabling the whole matter. N.Gibson — The 2 variances for lot area and frontage speak to the LD application, in support of the creation of 2 lots — those variances Staff recommend approval. The remainder of the variances staff have concerns, we are recommending tabling those variances for up to 6 months to allow the application and staff to have further discussions on the site design. B. Whittle — Confirm if they are splitting the vote into 2. T. Taylor— We don't have 2 applications before us, in my opinion we can deal with it as one. I will defer to Planning. N.Gibson —This application only speaks to lot area and lot frontage. The other variances should be tabled for another meeting. S. Pohjola — If the second tabling doesn't resolve in a resolution, then the first recommendation doesn't really mean much. Minutes-February 29, 2024 Page 14 Committee of Adjustment Meeting N. Gibson — The intent of this variance is to support the Land Division application. This will allow them to apply for future variances. This sole purpose of this variance is to serve the current owner to sell and divide this property. The remainder of the variances are for a future time when the new owner makes a new proposal. D. Eastman — if we approve the first part — how does this affect the issue regarding parking? N. Gibson — This is the reason the remainder of the variances will be dealt with after more discussion at a future time. D. Eastman — do we need all the variances to go through in order for the Consent Application to go through? M. Jones — the only 2 variances that need to go through for the related consent application are for the lot area reduction and the lot frontage. They are the only 2 variances needed for lot creation. Staff have concerns with the other variances, we have told the applicant they will need to come back with some revisions to address all the concerns regarding site design. First motion to approve the variances for lot area and lot frontage for file A2023-0035 as recommended by Shelley Pohjola, seconded by Dave Eastman. Full text of Decision: "That application A2023-0035 for a minor variance to Section 12.2 (a) i) and Section 12.2 (b) ii) of Zoning By-law 84-63 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; and The matter was then put to a vote and was carried out as follows, signed by all members present and concurring that this is the Committee Decision on A2023-0035 on February 29, 2024: Committee Member Yes No Digital Signature John Bate x Dave Eastman x Noel Gamble Absent Shelley Pohjola x �. Todd Taylor x Gord Wallace x �A Brad Whittle x "Carried" Minutes-February 29, 2024 Page 15 Committee of Adjustment Meeting Second motion to table the remaining variances for file A2023-0035 as recommended by Dave Eastman, seconded by John Bate. That application A2023-0035 for a Minor Variance to Section 12.2.1 b. ii) c), Section 12.2.1 (e) ii), Section 12.2.1 (a) ii), Section 12.2.1 (d) i), Section 12.2 (d) iv), Section 3.16 of Zoning Bylaw 84-63, amended by By-law 2021-082, and Section 3.2e) of Bylaw 2021-082 amended by Zoning By-law 84-63; be tabled for up to 6 months to allow for further discussion between staff and the applicant to address various site design matters." The matter was then put to a vote and was carried out as follows, signed by all members present and concurring that this is the Committee Decision on A2023-0035 on February 29, 2024: Committee Member Yes No Digital Signature John Bate x ' � Dave Eastman x Noel Gamble Absent Shelley Pohjola x .r .�- Todd Taylor x � Gord Wallace x Brad Whittle x "Carried" 7.2 File Number: A-2024-0002 Owner/Agent: Lawson R. Gay Staff: Nick Gibson Address: 1697-1701 Highway 2 Lot: Part Lot 29 & 30 Conc.: CON 2 Application: The purpose of the application is to permit a mixed-use building by reducing the required parking rate of 1 space per apartment dwelling unit to 0.7 spaces per apartment dwelling unit, by reducing the required length of the street fagade from 30% to 24%, by reducing the required front yard setback from 2 metres to 0 metres and by reducing the required loading spaces from 3 to 2. Minutes-February 29, 2024 Page 16 Committee of Adjustment Meeting Public notification was conducted in accordance with the Planning Act which included signage being installed on the subject site and a mail out to all property owners within 60 metres of the subject site. Comments were received in opposition to the application from the public and internal departments. The public comments were received from several residents that live on Avondale Drive and the surrounding area that are in opposition to the application. The following issues and concerns from the residents in the area are as follows: That the urban design of this development project does not fit with the character of the neighbourhood which is mainly single detached dwellings and semi-detached dwellings; that the current infrastructure is not equipped to handle the increased traffic, posing safety risks for children, and creating stress for residents on Richard Gay Avenue and Avondale Drive; and that Residents expressed that they would like to see the elimination of the Avondale Drive entrance point to prevent negative impacts on the community's well-being, schools, and overall safety of the neighbourhood. Furthermore, comments were also received in opposition to the application from an internal agency (i.e.: Development Engineering). Clarington Development Engineering is not in support of the variance for a reduction in required parking and their comments were received as follows: Clarington Development Engineering does not support a further reduction for parking from the parameters outlined in the Secondary Plan. The justification for the reduction provided by the applicant does not support for the reasons that were previously outlined to the applicant. That being said, we recognize the importance of the development. 1. To mitigate the reduction in parking and future parking issues, we ask that the applicant commit to the following: 2. On-going monitoring for the parking and if required, re-distribute the parking appropriately; and to 3. Install a parking lay-by along the north boulevard on Avondale Drive. This will not make up the loss of parking but will provide another option. This would need to be reviewed for feasibility. Development Engineering had no other objections to the remainder of the variances outlined in the planning report. Additionally, Clarington Building Division and Clarington Emergency and Fire Services Department did not have any comments or objections to the application. Staff recommends that application A2024-0002 for a minor variance to Section 16.A4 of Zoning By-law 84-63 to permit a mixed-use building by reducing the required parking rate of 1 space per apartment dwelling unit to 0.7 spaces per apartment dwelling unit, by reducing the required length of the street fagade from 30% to 24%, by reducing the required front yard setback from 2 metres to 0 metres and by reducing the required loading spaces from 3 to 2 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. K. Aviles from NexTrans Consulting Engineers is here to speak on behalf of this application, and I will turn it over to him to provide further comments. Thank you. Minutes-February 29, 2024 Page 17 Committee of Adjustment Meeting D. Meredith (Consultant) gave a brief summary of the proposal to the Committee including consultation with staff, commenting agencies and made site plan changes. S. Pohjola — Do you have a copy of the COA Planning report? Can you speak to item 6.8 on page 9 of the Report and explain how there will be minimal adverse impacts on the parking. How does the street parking support additional parking demands with respect to this application? D. Meredith — We do have a parking management plan that will be put in place as it relates to this development. So for example, the Owner does manage the number of parking spaces that are distributed to the tenants. Not every tenant will be allocated to have a parking space in this development, approximately 50% of the units will have parking spaces allocated to future residents. The owner has the ability to control and manage the parking on the premises of the site and the development itself. The second component of that is the developer or the Owner of the property has an internal shuttle service so that they will be providing that as part of the development itself. So for example, there will be a shuttle service that individual owners can register and sign up for. S. Pohjola —With respect to the Transportation impact study, who was that conducted by? Was it peer reviewed? And what are the similarities to those proxy sites to this development being proposed? D. Meredith — I will allow Kristian Aviles from NexTrans to speak on that. K. Aviles — Nextrans prepared the study and was reviewed by staff. It was not peer reviewed but reviewed by municipal staff. The resolution from municipal staff that we reached is that we would be implementing transportation demand management measures on site that would help to reduce the vehicle parking demand that's expected. S. Pohjola - With respect to the three proxy sites that were mentioned in the TIS report, what are those sites and how are they similar to this development being proposed? K. Aviles — The three sites that we chose were affordable seniors housing in Durham Region. First site is 310 Mary Street East in Whitby, second site is located in Bowmanville at 165 King Avenue East, and the third site is 1505 Bowmanville Avenue East. Something that we took into consideration was the availability of transit within the area of the proxy sites and is noted that the subject site has currently one transit route along Highway 2 that's available within close proximity to the subject site. Additionally, we also took into consideration the number of units of the proxy sites. Specifically, the proxy site in Whitby has similar numbers to the development and the surrounding land use context. These sites are generally surrounded by single story residential, single-family units. S. Pohjola — In the Planning report it mentions that staff will be employed by the Seniors residence. How many staff members will be there on site? Is it 24 hours availably? D. Meredith - It is not a 24-hour availability and there will be a minimum of one staff person. S. Pohjola — Is there staff parking allocated to that? Minutes-February 29, 2024 Page 18 Committee of Adjustment Meeting D. Meredith — Yes, they will have a parking space. Could I just respond to the engineering comments in regard to them in not in support of the application. They made a comment that they are not in support of the parking reduction, but there's conditions for alternative measures that we are agreed to. Those being the monitoring program for a three-year period post development, the implementation of transportation demand management measures, and the introduction of installing layby parking along Avondale Drive to alleviate and add some additional parking. S. Pohjola - How much more parking will the layby parking provide? D. Meredith — 7 to 10 parking spaces. D. Eastman — Did you talk to the building manager of the Newcastle proxy site to find out how successful the parking really is? K. Aviles —Yes, in addition to the three sites in Durham Region we also surveyed an additional site owned and operated by the Owner of the proposed development. The site is in Cobourg and the Owner was able to provide information to confirm that the parking management measures are in place and effective. We also did conduct a survey on that site as well and it's on page 8 of the study addendum. The observed demand was 0.63 spaces per unit and was below the one space per unit requirement as outlined in the zoning by-law. D. Eastman —What is the actual percentage of the units being allocated for affordable housing? D. Meredith — 40% of the units will be allocated for affordable housing. D. Eastman —You mentioned that some of the units won't have a parking space. But if you have 60% of your building with cars, most people have two cars nowadays. In saying that, do you still feel that it's an adequate study for the parking reduction? D. Meredith — It's not so much about the study but the availability of tenants. When you enter into a tenant agreement, that will stipulate whether or not you will have a parking space. So the owner has complete control of allocating the number of parking spaces for the development as there will need to be licensed and registered. There is an ongoing monitoring program in terms of the use and implementation of the traffic management to ensure that there's no legal parking in those locations. D. Eastman — I just have some concerns because engineering would be familiar with those sites and they have concerns. D. Meredith — In looking at sites within Oshawa and in Whitby for similar types of development, the zoning permissions are 0.5 parking spaces for similar types of units and is adjacent to the Municipalities and across the Region as parking standards. T. Taylor - We'll ask now that the applicants please be seated, and I would just to address that there were 4 different types of residents' comments and the Committee members have read your written comments and reviewed them in advance of the meeting. Will any members of the public who want to make comments please come forward or unmute and address the Committee? Minutes-February 29, 2024 Page 19 Committee of Adjustment Meeting G. Kovacs (Resident at 188 Avondale Drive) - I think it's crazy that the development proposal is to build three buildings on that small property. With over 100 units, it's going to be a nightmare for the residents that live on Avondale Drive. There are many families with young children and the parking and increased traffic will be a nightmare and we don't want that. Another comment I would like to make is that we never got the initial information when this application was submitted, nobody knew on the street, and I would like to know what's going on. We got notice for this application last week and everyone was surprised. T. Taylor -Nick, could you please clarify on the posting for the record? N. Gibson - Under the Planning Act, the site plan does not require a public notice and the signage was posted on February 15. There were 2 signs posted along Highway 2, and I asked the applicant and Owner to move one of the signs to Avondale Drive so that residents could probably see the sign. G. Kovacs — So before February 15, you don't need to place any signage on the property? N. Taylor- Correct. There is no requirement to post the signage at the site plan proposal stage. T. Phillip (Resident at 192 Avondale Drive) — There were many questions and concerns from the residents on Avondale Drive. First concern is the street and the families and small kids in the neighbourhood. I have a kid with a disability and just running around concerns me. When I noticed the plan, there are three entrances to the buildings. One of the three mixed use buildings has direct access to Avondale Drive and that is really concerning because there are small kids that live all along that street. Additionally, with the entrances people may prefer the entrance off of Highway 2 and not off of Avondale Drive with the traffic lights and with the additional entrance off of Avondale Drive, it will bring more traffic congestion to the street and the neighbourhood. Another concern is the reduction of the parking spaces. Street parking is legal, and most people are going to park right on our street and will increase the amount of traffic and cars on our street. Lastly, 130 + units is a lot of units proposed for such a small space. 130 units means 130 cars and the commercial units also require a lot of parking. Most importantly, it's not in sync with the neighbourhood and the surrounding land uses containing single detached dwellings and these are my main concerns. D. Eastman — People may try to park on your street, but there is a three-hour limit in Clarington for on street parking so that may help alleviate the on street parking. T. Phillip — But that also means that once three hours is up, I leave and then another person could come and park there for another 3 more hours. S. Pohjola - In terms of addressing this gentleman's comments regarding the commercial parking, whether staff or traffic consultant can speak to how the allocation is being done in terms of parking. N. Gibson — They are meeting the requirements for commercial parking. T. Taylor — Hearing from no further comments from the Committee, can we proceed with a motion? Minutes-February 29, 2024 Page 20 Committee of Adjustment Meeting Motion to approve for file A2024-0002 as recommended by Shelley Pohjola, seconded by Brad Whittle. Full text of Decision: That application A2024-0002 for a Minor Variance to Section 16.A4 of Zoning By-law 84-63 to permit a mixed-use building by reducing the required parking rate of 1 space per apartment dwelling unit to 0.7 spaces per apartment dwelling unit, by reducing the required length of the street fagade from 30% to 24%, by reducing the required front yard setback from 2 metres to 0 metres and by reducing the required loading spaces from 3 to 2 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. The matter was then put to a vote and was carried out as follows, signed by all members present and concurring that this is the Committee Decision on A2024-0002 on February 29th, 2024: Committee Member Yes No Digital Signature John Bate x Dave Eastman x Noel Gamble Absent Shelley Pohjola x QiA_ Todd Taylor x Gord Wallace x Brad Whittle x "Carried" Minutes-February 29, 2024 Page 21 Committee of Adjustment Meeting 7.3 File Number: A-2024-0003 Owner/Agent: Wayne Best Staff: Nick Gibson Address: 1712 Nash Road Lot: Part Lot 29 Conc.: CON 3 Application: The purpose of the application is for Minor Variances to Section 12.4.33 b) and Section 12.4.33 a) to support a land severance application (LD 2023-034) to create two lots each for the future construction of a semi-detached dwelling by reducing the required lot frontage from 18 metres to 16 metres and reducing the required lot area from 720 square metres to 700 square metres. Public notification was conducted in accordance with the Planning Act which included signage being installed on the subject site and a mail out to all property owners within 60 metres of the subject site. No comments were received in opposition to the application from external agencies or internal departments; and No comments were received in opposition to the application from members of the public. Staff recommend that application A2024-0003 for a minor variance to Section 12.4.33 b) and Section 12.4.33 a) of Zoning By-law 84-63 to support a land severance application (LD 2023- 034)to create two lots each for the future construction of a semi-detached dwelling by reducing the required lot frontage from 18 metres to 16 metres and reducing the required lot area from 720 square metres to 700 square 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. No questions or comments were received from members of the public. No questions or comments were received from the committee members. Wayne Best (Applicant) — Agreed with statements from Planning and gave a brief summary of the application and proposal. No questions from the Committee members on the application. No public members in Chambers that wanted to speak on behalf of the application. Chair Todd Taylor asked for a motion from the Committee. Motion to approve for file A2024-0003 as recommended by Dave Eastman, seconded by Shelley Pohjola. Full text of Decision: Minutes-February 29, 2024 Page 22 Committee of Adjustment Meeting That application A2024-0003 for a minor variance to Section 12.4.33 b) and Section 12.4.33 a) of Zoning By-law 84-63 to support a land severance application (LD 2023- 034) to create two lots each for the future construction of a semi-detached dwelling by reducing the required lot frontage from 18 metres to 16 metres and reducing the required lot area from 720 square metres to 700 square 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 The matter was then put to a vote and was carried out as follows, signed by all members present and concurring that this is the Committee Decision on A2024-0003 on February 29th, 2024: Committee Member Yes No Digital Signature John Bate x 4 Dave Eastman x Noel Gamble Absent Shelley Pohjola x • ' Todd Taylor x Gord Wallace x Brad Whittle x "Carried" 7.4 File Number: A-2024-0004 Owner/Agent: Rekker's Gardens Staff: Nick Gibson Address: 3104 Concession Road 4 Lot: Part Lot 1 & 2 Conc.: CON 4 Application: The purpose of the minor variance application is to permit the expansion of a greenhouse by increasing the lot coverage from 5% to 15%. Minutes-February 29, 2024 Page 23 Committee of Adjustment Meeting Public notification was conducted in accordance with the Planning Act which included signage being installed on the subject site and a mail out to all property owners within 60 metres of the subject site. No comments were received in opposition to the application from external agencies or internal departments. No comments were received in opposition to the application from members of the public. Staff recommend that application A2024-0004 for a minor variance to Section 6.3 d) of Zoning By-law 84-63 to permit the expansion of a greenhouse by increasing the lot coverage from 5% to 15% 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 the Clarington Official Plan. No questions or comments were received from members of the public. No questions or comments were received from the committee members. Richard Rekker (Applicant) — Gave a brief summary of the proposal to the Committee and provided some justification for the requested increase to lot coverage for 15%. Motion to approve for file A2024-0004 as recommended by Shelley Pohjola, seconded by Dave Eastman. Full text of Decision: That application A2024-0004 for a Minor Variance to Section 6.3 d) of Zoning By-law 84-63 to permit the expansion of a greenhouse by increasing the lot coverage from 5% to 15% 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 the Clarington Official Plan. The matter was then put to a vote and was carried out as follows, signed by all members present and concurring that this is the Committee Decision on A2024-0004 on February 29', 2024: Committee Member Yes No Digital Signature John Bate x Dave Eastman x Noel Gamble Absent Shelley Pohjola x - Todd Taylor x Minutes-February 29, 2024 Page 24 Committee of Adjustment Meeting Gord Wallace x Brad Whittle x "Carried" 7.5 File Number: A-2024-0006 Owner/Agent: Paul Halminen Staff: Nick Gibson Address: 50 James Street East Lot: Lot 28 Conc.: Con 1 Application: The purpose of the application is to permit a single detached dwelling with a reduced rear yard depth of 6 metres whereas Zoning By-law 84-63 requires a rear depth of 7.5 metres. Public notification was conducted in accordance with the Planning Act which included signage being installed on the subject site and a mail out to all property owners within 60 metres of the subject site. No comments were received in opposition to the application from external agencies or internal departments. No comments were received in opposition to the application from members of the public. Staff recommends that application A2024-0006 for a minor variance to Section 12.2 d. iv) of Zoning Bylaw 84-63 to permit a single detached dwelling with a reduced rear yard depth of 6 metres whereas Zoning By-law 84-63 requires a rear depth of 7.5 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. No questions or comments were received from members of the public. No questions or comments were received from the committee members. Paul Halminen (Applicant) — gave a brief summary of the proposal to the Committee. Dave Eastman — I believe there has been previous minor variance applications on this property. Could you please confirm this? Nick — Yes that is correct. There were applications in the past to reduce the exterior side yard. Dave Eastman — Will the house and driveway front onto Beaver Street? Nick — Yes that is correct. Minutes-February 29, 2024 Page 25 Committee of Adjustment Meeting No further questions from Committee members. No members of the public wish to speak on behalf of the application. Motion to approve for file A2024-0004 as recommended by Shelley Pohjola, seconded by John Bate. Full text of Decision: That application A2024-0006 for a minor variance to Section 12.2 d. iv) of Zoning Bylaw 84- 63 to permit a single detached dwelling with a reduced rear yard depth of 6 metres whereas Zoning By-law 84-63 requires a rear depth of 7.5 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. The matter was then put to a vote and was carried out as follows, signed by all members present and concurring that this is the Committee Decision on A2024-0006 on February 29t", 2024: Committee Member Yes No Digital Signature John Bate x � Dave Eastman x Noel Gamble Absent Shelley Pohjola x Todd Taylor x Gord Wallace x A Brad Whittle x "Carried" 8. Adoption of Minutes of Previous Meeting Motion to adopt minutes from November 30t", 2023, Committee of Adjustment Meeting was moved by Dave Eastman, Seconded by John Bate, "That the minutes of the Committee of Adjustment, held on November 30t", 2023, be approved." "Carried" Minutes-February 29, 2024 Page 26 Committee of Adjustment Meeting 9. Other Business "None" 10. Adjournment Last Date of Appeal for tonight's consent applications: March 28t", 2024 Last Date of Appeal for tonight's minor variance applications: March 20t", 2024 Next Meeting: March 28t", 2024 Moved by Brad Whittle, Seconded by Dave Eastman. "That the meeting adjourned." "Carried"