Loading...
HomeMy WebLinkAbout2024-04-25 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, April 25, 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 Lucy Pronk Principal Planner, Secretary Treasurer Tyler Robichaud Acting Secretary-Treasurer Nicklaus Gibson Acting Secretary-Treasurer Todd Taylor Chair Dave Eastman Member Noel Gamble Member Gord Wallace Member Shelley Pohjola Member Brad Whittle Member Absent with Regrets 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. 3. Declaration of Interest for Consent Applications “Committee member G Wallace declared pecuniary interest in application B-2024-0008” Minutes – April 25th, 2024 Page 2 Committee of Adjustment Meeting 4. Consent Applications: 4.1 File Number B2024-0009 (X-ref LD2023-038) Owner/Applicant: Paige Bolahood Staff: Tyler Robichaud Address: 4 Fredrick Avenue, Bowmanville Lot: PT Lot 13 Conc.: 2 Application: The purpose of the application is to sever a 487.8 square metre parcel, retaining a 487.8 square metre parcel for the purpose of constructing a future semi-detached dwelling. The existing single detached dwelling on the lot is proposed to be demolished. The subject application was circulated to the owner/applicant and interested parties. No revisions to the previously submitted consent application were made therefore a new circulation of public notice was not necessary to lift this application from the table. No comments were received in opposition to the application from external agencies or internal departments. Comments were received in opposition to the application from eight interested parties who opposed the previously heard application. The opposition from residents consists of concerns regarding future built form on the subject lands. Said comments were summarized in the staff report and were taken into consideration by staff in the preparation of the recommendation. Staff recommends that the application be approved subject to the conditions noted in the staff report. Discussion: Ian Hale – Resident at 1 Fredrick Ave Mr. Hale expressed concerns regarding the future development (built form) of the subject property. Mr. Hale noted implications for service vehicle access to Frederick as well as concerns regarding increased traffic. Mr. Hale also presented personal concerns on behalf of his surrounding neighbors regarding the adverse impacts of a new dwelling type being proposed on their street. Brian Lajeunesse -Resident - 7 Fredrick Ave Chair Todd Taylor acknowledged to the Resident that his letter to the Municipality in opposition has been heard. Minutes – April 25th, 2024 Page 3 Committee of Adjustment Meeting Mr. Lajeunesse expressed concern for the application citing the increase in density for the future development of the property and proposing alternate development options for the property owner that would satisfy the other owners on Frederick Avenue. Mr. Lajeunesse spoke about concerns regarding excessive parking, and future built form not conforming to the existing neighbourhood character. D. Eastman - posed the question to Planning to confirm if a Building Pemit has been issued for this property? T. Robichaud – No Permit has been issued for this property. D. Eastman – If no permit has been issued, according to this application, we are here tonight to talk about Land Severance and not Building on this site. The lots are narrow, and therefore it has to be a semi-detached. You could not build a single-family home on a lot that wide. T.Robichaud – To confirm, the lot is Zoned R1 which permits Single-detached dwellings and semi-detached dwellings. Each lot can have one (1) principal residence, and up to two (2) Additional Dwelling Units. If the owner did not want to split the lot, this property meets the zoning regulations to construct a semi-detached home without the need for the Applicant to go through any planning applications – as it stands the R1 Zoning would permit the owner to apply for a building permit application. G. Wallace – Comment on the zoning Tyler Robichaud described–what does R1 permit? T. Robichaud – R1 permits two dwelling types; single detached, and semi-detached. To clarify, Clarington permits up to two (2) ADU’s on a parcel of urban residential land. Additional Dwelling Units are regulated by the ADU by-law addressing the minimum parking requirement and other provisions pertaining to ADUs. To confirm, tonight’s consent application before the committee is regarding the division of the lot and not the built form. D.Eastman – Regarding built form to Tyler – once the Applicant applies for a Building Permit, any issues regarding parking, lot coverage etc., would be dealt with at that time. T.Robichaud – Correct. Ron Hooper – Resident - 8 Fredrick Avenue Mr. Hooper spoke in opposition to the consent application regarding the character of the neighbourhood, the intensification of Frederick Avenue and concerns regarding parking. Minutes – April 25th, 2024 Page 4 Committee of Adjustment Meeting N. Gamble - For clarification, looking at Section 23.7 of the Official Plan, states that the size of any parcel of land created by severance should be appropriate for the use proposed in keeping with the character of the surrounding neighbourhood. And no parcel should be created which does not conform to the provisions of this plan, and the Zoning By-Law. And that the application is in keeping with the character of the surrounding neighbourhood and conforms to the development policies within the Official Plan. I understand the OP part, but I am curious as to Staff’s rationale for the application keeping consistent with the character. T. Robichaud – Section E does talk about the built form conforming to the By-Law. The Municipality does not require a Zoning By Law Amendment to permit a semi-detached dwelling. A recent example at the intersection of Scugog Street and Frederick Avenue, in 2017, an application for consent was approved for a semi-detached dwelling in similar nature to this application. We have precedent of semi-detached development in the neighborhood that meets the character of the surrounding neighbourhood, and was required to undergo the same public process to facilitate the consent. Paige Bolahood – Applicant – 4 Fredrick Ave P. Bolahood agreed to all conditions as outlined in the summary. Chair Todd Taylor asked for a motion from the Committee. Motion to approve B-2024-0009 as recommended by Shelley Pohjola, seconded by Gord Wallace. Full text of Decision: That application B-2024-0009, for a Proposed consent to sever a 487.8 square metre parcel, retaining a 487.8 square metre parcel for the purpose of constructing a future semi-detached dwelling, be approved subject to the following conditions: Conditions of Approval: 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 September 5th 2023. 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 September 5th, 2023. 3) That the applicant satisfies all the requirements of the Municipality of Clarington’s Development Engineering Department, financial and otherwise as detailed in the Development Engineering letter dated June 20th, 2023. 4) The owner, applicant or agent must enter into a consent agreement with the Municipality of Clarington. Minutes – April 25th, 2024 Page 5 Committee of Adjustment Meeting 5) 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; 6) All taxes shall be paid in full to the Municipality of Clarington prior to the issuance of a clearance letter. 7) 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. Planning Requirements 1) Applicant is to submit a building permit application for the proposed dwelling. Once the building permit is issued, the applicant will be required to provide an updated draft Reference Plan prepared by an OLS that delineates the common wall of the dwelling to the satisfaction of the Planning and Infrastructure Services Department, prior to registration of the plan. 2) 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. 3) 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. 4) 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 A-2024-0009 on April 25, 2024 Minutes – April 25th, 2024 Page 6 Committee of Adjustment Meeting Committee Member Yes No Dave Eastman Noel Gamble Shelley Pohjola Todd Taylor Gord Wallace Brad Whittle Motion to approve B-2024-0009 as recommended by Shelley Pohjola, seconded by Gord Wallace. “Carried” 4.2 File Number B-2024-0008 Owner/Applicant: Kelvin and Juliana Sloos Staff: Tyler Robichaud Address: 396 North Scugog Court, Bowmanville Lot: PT Lot 14 Conc: 2 Application: The purpose of the application is to facilitate the creation of a new lot. The existing dwelling is proposed to remain on the retained lands. As proposed, the severed parcel will have a frontage of 15.24 metres, an average depth of 60.96 metres, and an area of 929.03 square metres. The retained parcel will have a frontage of 35.36 metres, an average depth of 60.96 metres and an area of 2,155.54 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. Comments were received regarding the application from an interested party after the finalization of the staff report concerning drainage, grading, and an existing hedgerow. Said comments were taken into consideration by staff in the preparation of our recommendation. Staff recommend that the application be (approved subject to the conditions within the staff report). Minutes – April 25th, 2024 Page 7 Committee of Adjustment Meeting Discussion: Anne Taylor-Scott – Resident- 404 North Scugog Court Mrs. Scott spoke in support of the consent application. Mrs. Scott noted that they have two drainage outlets that outlets onto 396 North Scugog Court (one is a foundation drain, the other is connected to a sump pump) - water leaves the property and enters a swale/intermittent stream along the south limit of the lot. This was existing when the home was purchased in 2010. Water heads west and eventually drains off toward Bowmanville Creek. Mrs. Scott stated the need to ensure drainage from their property is not negatively impacted. Mrs. Scott suggested that a drainage easement may be needed or a rear yard catch basin. Mrs. Scott stated that the proponent may also need permission to grade onto their property which they would be amenable to, subject to further details. Mrs. Scott requested a condition of approval to cover this matter and ensure this is addressed as conditions are being filled. D. Eastman – For the issues Anne is speaking about, would this be covered under the permit process? Tyler Robichaud – The building permit process will require a detailed Grading Plan to be submitted to ensure no adverse effects on the adjacent properties. Further discussion can be continued between staff and Mrs. Scott to determine the most appropriate course moving forward. S. Pohjola – How long does the Municipality retain the Grading Plans and Permits? T. Robichaud – They are digitized and never destroyed. Applicant – Kelven and Julia Sloos - 396 North Scugog Court The Sloos’ agreed with all the Conditions, except for an issue with the Conditions from the Region, which stated they were not connected to the water, they are. Grant Young will provide revised conditions to reflect this. Drainage issues – they noted the drainage outlets for the neighbours at 404 North Scugog outlet-on their property. The outlet goes over the property line by 3 or 4 feet. Chair Todd Taylor asked for a motion from the Committee. Motion to approve B-2024-0008 as recommended by Dave Eastman, seconded by Noel Gamble. Full text of Decision: That application B-2024-0008, to facilitate the creation of a new lot ss proposed, be approved subject to the following conditions. 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 April 18th 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 April 19th, 2024. Minutes – April 25th, 2024 Page 8 Committee of Adjustment Meeting 3) That the applicant satisfies all the requirements of the Municipality of Clarington’s Development Engineering Department, financial and otherwise as detailed in the Development Engineering letter dated April 14th, 2024. 4) The owner, applicant or agent must enter into a consent agreement with the Municipality of Clarington. 5) 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; 6) All taxes shall be paid in full to the Municipality of Clarington prior to the issuance of a clearance letter. 7) 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 1) 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. 2) The applicant shall remove any accessory buildings or structures from the proposed severed lot. 3) 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. 4) 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 of the present and concurring that this is the Committee Decision on B-2024-0008 on April 25, 2024: Minutes – April 25th, 2024 Page 9 Committee of Adjustment Meeting Committee Member Yes No Dave Eastman Noel Gamble Shelley Pohjola Todd Taylor Gord Wallace Brad Whittle Motion to approve B-2024-0008 as recommended by Dave Eastman, seconded by Noel Gamble. “Carried” File Number B2024-0010 Owner/Agent: Dalton Jukes/Lisa Klets DG Biddle and Associates Ltd. Staff: Tyler Robichaud Address: 44 Hunt Street, Bowmanville Lot: PT Lot 11 Conc: 1 Application: The purpose of the application is to facilitate the creation of a new lot to construct a semi-detached dwelling. As proposed, the severed parcel will have a frontage of 9.77 metres, an average depth of 44.48 metres, and an area of 413.4 square metres. The retained parcel will have a frontage of 9.78 metres, an average depth of 46.29 metres and an area of 434.36 square metres. The existing single detached dwelling on the lot is proposed to be demolished. 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 the application be approved, subject to the conditions within the staff report. Minutes – April 25th, 2024 Page 10 Committee of Adjustment Meeting Full text of Decision: That application B-2024-0010, to facilitate the creation of a new lot as proposed, be approved subject to the following conditions: Conditions of Approval: Section 1: General 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 April 18th, 2024. 1) 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 April 19th, 2024. 2) That the applicant satisfies all the requirements of the Municipality of Clarington’s Development Engineering Department, financial and otherwise as detailed in the Development Engineering letter dated April 19th, 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. 7) Transfer of Lands and Easements: The Owner shall transfer to the Municipality the open space lands (Part 3 on 40R-*), free and clear of encumbrances and restrictions. All such transfers shall be made for a nominal consideration and shall contain provisions satisfactory to the Municipality Solicitor. Section 2: Planning Requirements 1) 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. 2) 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. 3) The applicant must demolish the existing single detached dwelling on the existing parcel; a demolition permit is required. Minutes – March 28, 2024 Page 11 Committee of Adjustment Meeting 4) 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 of the present and concurring that this is the Committee Decision on B2024-0010 on April 25, 2024: Committee Member Yes No Dave Eastman Noel Gamble Shelley Pohjola Todd Taylor Gord Wallace Brad Whittle Motion to approve B-2024-0010 as recommended by Noel Gamble, seconded by Dave Eastman. “Carried” 5 Five Minute Recess 6. Declaration of Interest for Minor Variance Applications 7. Minor Variance Applications Minutes – March 28, 2024 Page 12 Committee of Adjustment Meeting 7.1 File Number: A-2023-0035 Owner/Agent: Steve Anderson/Michael Fry Staff: Nick Gibson Address: 6 Brown Street Lot: LOT 28 Conc.: CON 1 Application: A minor variance application to reduce the minimum interior side yard setback from 1.8 metres to 1.6 metres, to increase the maximum permitted height from 8.5 metres to 11.8 metres, to reduce the rear yard setback from 7.5 metres to 6.56 metres, and to permit the proposed entrance for the additional dwelling unit to be located at the front of the detached dwellings, whereas the required location of the entrance for the additional dwelling unit is at the rear or side of a single detached dwelling. 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 Clarington Development Engineering as they are in support of the application subject to the following condition: • That the applicant provides a Stormwater Management Brief and preliminary lot grading plan that is to the satisfaction of the Development Engineering Division prior to issuing a building permit Furthermore, Clarington Building Division, Clarington Emergency and Fire Services Department, and Durham Region Works Department were circulated and did not have any further comments or objections to the application. Comments were received in opposition to the application from members of the public with the following concerns: • Increased risk of overdevelopment in the Neighbourhood Character Overlay Area • Sewage and drainage concerns with the proposed development; and the • Overflow of parking on a site that is relatively small in lot area Staff recommends that application A2023-0035 for a minor variance to Section 12.2.1 b. ii) a) c) to reduce the minimum interior side yard setback from 1.8 metres to 1.6 metres, Section 12.2.1 e ii) to increase the maximum permitted height from 8.5 metres to 11.8 metres, Section 12.2 d. iv) to reduce the rear yard setback from 7.5 metres to 6.56 metres, and Section 3.2 e) of Zoning By-law 84-63 to permit the proposed entrance for the additional dwelling unit to be located at the front of the detached dwellings, whereas the required location of the entrance for the additional dwelling unit is at the rear or side of the single detached dwelling be approved subject to the following condition: • That the applicant provides a Stormwater Management Brief prepared by a qualified professional and preliminary lot grading plan that is to the satisfaction of the Development Engineering Division prior to issuing a building permit; As it conforms with the Zoning By-law and Clarington Official Plan, is desirable for the appropriate development or use of the land and is deemed to be minor in nature. Minutes – March 28, 2024 Page 13 Committee of Adjustment Meeting Discussion: Kelly Sanders/Doug Sanders – Resident – 50 Church Street The Sanders’ have concerns regarding flooding. They noted that they have lived on Church Street for 2 years, 2 houses away from the Applicant, and note every year the houses along Church Street have been flooded. They raised concerns with the removal of trees impacting the existing flooding. They also raised concerns for parking, she doesn’t believe there will be enough space for 3 parking spaces, and the Street has no parking. This will cause a lot of parking issues. N. Gamble – To the Resident, are you aware that Planning Staff have put a provision for a Storm Water Management Report and preliminary Lot Grading Plan. Would this satisfy the drainage issues you are concerned with? Doug Sanders – There is drainage that comes through their properties, and when it rains, it goes to their basements. They had a pond in their backyard at one time, digging down into sand and rock. Nothing is stopping the water. N. Gamble – does Staff feel the provision for a SWM brief will give insight into what is the existing situation? N. Gibson – we feel that the Storm Water Management Brief would address this concern. G. Wallace – Was there a comment on road widening? N. Gibson – there are comments regarding road widening, along with entrance and landscape comments. G. Wallace – there is no on-street parking, is this a problem? N. Gibson – we have discussed this with the Applicant and the Agent, the initial proposal was to have 2 ADU’s in each, and we advised to have 1, so there is adequate parking on site. The Site Plan is attached that shows 2 parking spaces for each, and one for each ADU. S. Pohjola – to Staff, please speak to the water table and the level of it, or is that something you are not prepared to? N. Gibson – We are not prepared to speak to the water table. L. Pronk – We do not know the water levels at this site, Development Engineering would be the appropriate people to answer that question. S. Pohjoa – thank you, I wanted that confirmation for the Interested Party. D. Eastman – Pertaining to parking – the Zoning limits to one ADU, should the parking be part of this variance? N. Gibson – No that is not part of the Variance. They are permitted to have an ADU in each. D. Eastman – Could the dwelling have 2 ADU’s according to the By Law? Minutes – March 28, 2024 Page 14 Committee of Adjustment Meeting N. Gibson – If they could satisfy the other requirements of the Zoning By Law, such as parking they would have been able to have 2 ADU’s, but as such, there is not enough parking for more. Peggy Clark – Resident – 40 Liberty Street North Here to request the Committee to not approve this application for building size increases and new development. These changes do not have all the requirements of the neighborhood character overlay in zoning bylaw 84-63 and I think it was around 2012 that are up with two of the property. Just before the zoning law was established, there were many complaints to the town about inappropriate new housing developments being inserted amongst those older residential areas. These standards are meant to prevent new housing development from degrading of the livability, visual harmony, and value of surrounding homes by specifying building size, value, and characteristics of a lot of the older homes is that they have significant amounts of open green space and room for shade trees, especially along the street. Concerns about the trees, and decreased green space, and more traffic on a narrow Street, and less safety for Pedestrians. Applicant – Musharraf Khan-DG Biddle We submitted a previous Consent application and a MV application which was heard on February 29th. During that meeting the consent application was approved along with the variance of a lot of record and lot of area. We had some variances tabled on that application and discussed with Planning Staff about the building design. Now we are seeking their approval of the building design. The requested variances conform to the 4-tests of the Planning Act now, and the Clarington OP, and ADU’s are permitted. The Building design matched the characteristics of the neighbourhood and are desirable for the land. The requested variances for the development will also intensify the existing property. Regarding trees, it is up to the clients as it is on the property line, the client is undecided whether to remove it or not. S. Pohjola – the applicant mentioned the mature tree on the property line, is there an indication either way, in light of which you intend to do for the property? M. Khan – According to the Site Plan there are trees in the backyard that will remain. B. Whittle – how many total livable floors will there be? M. Khan – 3 floors including the basement. B. Whittle – It is my opinion that Minor Variance A2023-0035 fails the required tests of being minor in nature and for maintaining the intent of the Zoning By Law, I believe that increased the maximum allowable height by 38% which is a material change only according to Bylaw 84-63. That is why I do not support this Minor Variance Staff recommend that the application be (approved, subject to the conditions within the staff report). Minutes – March 28, 2024 Page 15 Committee of Adjustment Meeting Full text of Decision: That application A2023-0035 for a minor variance to 12.2.1 b. ii) a) c) to reduce the minimum interior side yard setback from 1.8 metres to 1.6 metres, Section 12.2.1. e.ii) to increase the maximum permitted height from 8.5 metres to 11.8 metres, Section 12.2.d iv) to reduce the rear yard setback from 7.5 metres to 6.56 metres, and Section 3.2 e) of Zoning By-law 84-63 to permit the proposed entrance for the additional dwelling unit to be located at the front of the detached dwellings, whereas the required location of the entrance for the additional dwelling unit is at the rear or side of a single detached dwelling be approved subject to the following conditions: Conditions of Approval 7.1 Given the above comments, for application A2023-0035 Staff recommends that the following minor variances to Zoning By-law 84-63: i. Section 12.2.1 b ii) c) by reducing the required side yard setback from 1.8 metres to 1.6 metres. ii. Section 12.2.1 (e) ii) by increasing the maximum building height from 8.5 metres to 11.8 metres; iii. Section 12.2 (d) by reducing the rear yard setback from 7.5 metres to 6.56 metres; iv. Section 3.2 e) by increasing the number of permitted entrances through a front building façade from one (1) to two (2) be approved subject to the following condition: • That the applicant provides a Stormwater Management Brief prepared by a qualified Professional and preliminary lot grading plan that is to the satisfaction of the Development Engineering Division prior to issuing a building permit; as they conform to the intent and purpose of the Zoning By-law and Clarington Official Plan, is desirable for the appropriate development or use of the land and is deemed to be minor in nature. The matter was then put to a vote and was carried out as follows, signed by all members of the present and concurring that this is the Committee Decision on B2024-0035 on April 25, 2024: Committee Member Yes No Dave Eastman Noel Gamble Shelley Pohjola Todd Taylor Gord Wallace Brad Whittle Minutes – March 28, 2024 Page 16 Committee of Adjustment Meeting Motion to approve B-2024-0035 as recommended by Gord Walace, seconded by Shelley Pohjola. “Carried” 7.2 File: A-2024-0010 Owner/Agent: Dave/Grahm Coppins Staff: Nicklaus Gibson Address: 23 Timberlane Court Lot: LOT 7 Conc: CON 2 Application: The purpose of the application is to a Minor Variance application to facilitate the construction of an accessory structure by increasing the maximum permitted accessory floor area from 90 square metres to 218.65 square metres and by increasing the maximum permitted height from 4.5 metres to 6.9 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 from Clarington Development Engineering as they are in support of the application subject to the following conditions: • The proposed garage shall not affect the adjacent property; and a • Preliminary grading plan is required for this proposal as part of the Building Permit Application process Comments were received from Clarington Building Division as they are in support of the application subject to the following condition: • A building permit is required for the accessory structure Additionally, there were no further comments or objections from the following internal and external agencies: • Clarington Emergency and Fire Services Department • Central Lake Ontario Conservation Authority • Durham Region Health Department; and • Durham Region Works Department Comments and concerns were received from next-door neighbours in regard to the application and they are as follows: • That the increase in floor area from 90 square metres to 218.65 square metres for the detached garage is not minor in nature • Concerns if the detached garage will be used for business purposes • Inquiry with respect to the timelines for permits and construction Minutes – March 28, 2024 Page 17 Committee of Adjustment Meeting Staff recommend that Application A2024-0010 for a minor variance to Section 3.1 c) of Zoning By-law 84-63 to facilitate the construction of an accessory structure by increasing the maximum permitted accessory floor area from 90 square metres to 218.65 square metres and by increasing the maximum permitted height from 4.5 metres to 6.9 metres be approved Subject to the following condition: • That the existing shed as shown on Figure 2 in the staff report be removed at the time that building occupancy is granted; 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. Discussion: D. Coppins – Owner- 23 Timberlane Court I have read and understand the conditions and want to make the following comments to clarify after a conversation with one of my neighbours regarding the maximum floor area - confusion with footprint versus area. I designed the building to keep in character with the rest of the homes on Timberlane, it has dormers on the front of the building and a finished loft area – I changed everything else on my property – siding/eavesdrops to match with what the building will look like. From an architectural perspective we wanted to finish it to look like a garage that was not built today, instead of 1999. We hope to start construction this year but is unknown due to the variables. No issues with the conditions in the report. G. Wallace – are we changing the application from 90 Sq m to 109 Sq m? or are we keeping it at 218? D. Coppins – 90 sq m is based on floor area, to a maximum to 218 sq m. The neighbour was under the impression that I was building a 218 sq m footprint which would mean that I am building a giant garage that would dwarf the house. Full text of Decision: Based on Staff’s review of the application, the application conforms to the intent and purpose of the Clarington Official Plan and Zoning By-law 84-63, is desirable for the appropriate development or use of the land and is deemed to be minor in nature. Staff recommends that application A2024-0010 for a minor variance to Section 3.1 c) of Zoning By-law 84-63 to facilitate the construction of an accessory structure by increasing the maximum permitted accessory floor area from 90 square metres to 218.65 square metres and by increasing the maximum permitted height from 4.5 metres to 6.9 metres be approved subject to the following condition: A) That the existing shed as shown on Figure 2 be removed at the time that building occupancy is granted; 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 of the present and concurring that this is the Committee Decision on B2024-0010 on April 25, 2024: Minutes – April 25th, 2024 Page 18 Committee of Adjustment Meeting Committee Member Yes No Dave Eastman Noel Gamble Shelley Pohjola Todd Taylor Gord Wallace Brad Whittle Motion to approve A2024-0010 as recommended by Dave Eastman, seconded by Shelley Pohjola. “Carried” 8. New Business No new business at this time. 9. Adoption of Minutes of Previous Meeting, March, 28, 2024 Chair Todd Taylor asked for a motion from the Committee. Motion to adopt minutes from March 28, 2024, Committee of Adjustment Meeting was moved by Noel Gamble, seconded by Brad Whittle. “That the minutes of the Committee of Adjustment, held on March 28, 2024, be approved.” “Carried” 10. Adjournment Last Date of Appeal for tonight’s consent application: May 22, 2024 Last Date of Appeal for tonight’s Minor Variance applications: May 15, 2024 Next Meeting: May 30, 2024 Chair Todd Taylor asked for a motion from the Committee. Motion to adjourn the meeting was moved by Dave Eastman, seconded by Noel Gamble. “That the April 25th, 2024, Committee of Adjustment be adjourned. Time of adjournment 8:24 pm. “Carried”