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HomeMy WebLinkAbout2024-05-30Claringtt)n 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, May 30', 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: Elissa Kelloway Lucy Pronk Akibul Hoque Sarah Parish Todd Taylor Dave Eastman Noel Gamble Gord Wallace Absent with Regrets 1. Call to Order Meeting Host Secretary -Treasurer Acting Secretary -Treasurer Senior Planner Chair Member Member Member 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 Minor Variance Applications "None" 4. Minor Variance Applications Minutes — May 30, 2024 Page 2 Committee of Adjustment Meeting 4.1 File: A-2024-0011 and A-2024-0012 Owner/Agent: Dalton Jukes / Lisa Klets Staff: Akibul Hoque Address: 44 Hunt Street, Bowmanville Lot: LOT 11 Conc: CON 1 Application: A minor variance application (A2024-0011) on the provisionally approved severed lot (Associated Consent Application # B2024-0010) to increase the maximum permitted front yard setback from the established building line from 2 metres to 6.06 metres, decrease the minimum permitted interior side yard setback for dwellings greater than 1.5 storey's from 1.8 metres to 1.53 metres, and reduce the minimum required front yard soft landscaping from 50 % to 40.3%; and a minor variance application (A2024-0012) on the provisionally approved retained lot (Associated Consent Application # B2024-0010) to increase the maximum permitted front yard setback from the established building line from 2 metres to 8.48 metres, decrease the minimum permitted interior side yard setback for dwellings greater than 1.5 storey's from 1.8 metres to 1.51 metres, and reduce the minimum required front yard soft landscaping from 50 % to 42.7%. 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 for the application from external agencies and internal departments, all parties have no objection to the application being approved. Comments were received in opposition to the proposed variance to the interior side yard setback from one member of the public. The member of the public was added to the interested parties list and their comments were provided to the Committee for consideration. Staff recommend that the application be approved subject to the conditions noted in the staff report. Discussion: No members of the public spoke to the application. Agent Lisa Klets of D.G. Biddle attended on behalf of the applicant and spoke on application to the proposed variances including the reason for the variances and how they feel the four tests of a minor variance have been satisfied. The agent states that the applicant confirms that they have read and agreed to the conditions of Staffs recommendation. D. Eastman: the request for the stormwater management brief has been captured in the recommendations. But what about CLOCA comments? Are they something that gets captured with the building permit stage or should that be part of this variance? Minutes — May 30, 2024, 2024 Page 3 Committee of Adjustment Meeting A. Hoque: A permit needs to be acquired from the CLOCA office for any future site alteration and construction activity on each parcel, they will be captured through the building permit stage process. D. Eastman: would like to confirm that they don't require the stormwater management brief as it is not captured during the building permit stage process, but these requirements from CLOCA are? The stormwater management and the CLOCA requirements will be captured at the building permit stage? He states that he is confused as to why the CLOCA requirements aren't part of the variance application conditions. L. Pronk: states that a stormwater management brief is above and beyond the requirement of what would be required for a building permit application. The grading plan would be captured, but the stormwater management brief is not a typical requirement, so that's why it's a condition. A building permit will not be issued unless a CLOCA permit has been applied for and granted, so it is not required to be a condition. G. Wallace: states he is looking for clarification regarding why the engineering department has no objections, yet we state that they're getting relief from setbacks which increases the size of the building on a small lot and they're saying that they have no objections but haven't reviewed a grading plan yet? A. Hoque: states that is correct, the applicant submitted the grading plan and the stormwater management as of today, Staff didn't have the chance to review. However, the condition of the report will ensure that side yard drainage swale when it's constructed, will meet the minimum standards outlined in the municipal engineering developments requirements. G. Wallace: would like some clarity about this afterwards, about how the engineering department can make no objection whether viewing a grading plan and approving a grading plan for items that are directly related to a grading plan. It seems that we have a cart before the horse here. L. Pronk: mentions that she will provide a few points. One being this is not an abnormal request. The Committee have reviewed and approved recent variances with the same condition included. I'm not an engineer, but from Development Engineering's perspective they have enough information to support the variance in principle and ultimately, they will use the grading plan and the stormwater management brief to ensure that there's no negative impacts on any neighboring properties or on any other infrastructure. That's their primary concern and that's what they'll be reviewing for as part of their review of the stormwater management brief and the grading plan, but they have enough information today to support the proposed variances. T. Taylor: Confirms with staff, Lucy Pronk, that Committee Members will be voting on both application numbers. Chair Todd Taylor asked for a motion from the Committee. Motion to approve A-2024-0011 as recommended by Dave Eastman and seconded by Noel Gamble. Minutes — May 30, 2024, 2024 Committee of Adjustment Meeting Page 4 Motion to approve A-2024-0012 as recommended by Noel Gamble, seconded by Dave Eastman. Full text of Decision: That application A2024-0011 for minor variances to Sections 12.2.1 b. ii) c), 12.2.1.b i) c), and 12.2.1. d) ii), on the provisionally approved severed lot (Associated Consent Application # B2024-0010) to increase the maximum permitted front yard setback from the established building line from 2 metres to 6.06 metres, decrease the minimum permitted interior side yard setback for dwellings greater than 1.5 storey's from 1.8 metres to 1.53 metres, and reduce the minimum required front yard soft landscaping from 50 % to 40.3%; and that application A2024- 0012 for minor variances to Sections 12.2.1 b. ii) c), 12.2.1.b i) c), and 12.2.1. d) ii), on the provisionally approved retained lot (Associated Consent Application # B2024-0010) to increase the maximum permitted front yard setback from the established building line from 2 metres to 8.48 metres, decrease the minimum permitted interior side yard setback for dwellings greater than 1.5 storey's from 1.8 metres to 1.51 metres, and reduce the minimum required front yard soft landscaping from 50 % to 42.7%. 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-2024-0011 and A-2024-0012 on May 30, 2024. Committee Member Yes No Dave Eastman Noel Gamble _ Todd Taylor Gord Wallace "Carried" 4.2 File: A-2024-0016 Owner/Agent: Sue and Bill Morrison / Paul Crampsey Staff: Sarah Parish Address: 10126 Long Sault Road, Hampton Lot: LOT 5 Conc: CON 10 Application: The purpose of the application is to allow for an existing shipping container (cargo container) to be used as an accessory structure on a property with legal non -conforming status. Minutes — May 30, 2024, 2024 Committee of Adjustment Meeting Page 5 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. Please note, the planner who authored this staff report, Sarah Parish, is present here today to answer any questions pertaining to this Minor Variance Proposal. Comments were received from Clarington Development Engineering and Building Divisions, as well as Kawartha Conservation Authority. All parties have no objection to the application being approved. Staff have received one inquiry regarding this application. A resident of the Preservation Sanctuary Camp Club expressed concern with the location of the shipping container. Staff recommend that the application be approved subject to the conditions noted in the staff report. Discussion: No members of the public wanted to speak on behalf of the application. Agent for the applicant summarized why the proposed variance is required and reiterated their agreement with Staffs recommendations and the conditions of the report. No questions from the Committee members on the application. Chair Todd Taylor asked for a motion from the Committee. Motion to approve A-2024-0016 as recommended by Gord Wallace, seconded by Dave Eastman. Full text of Decision: That application A2024-0016 for a minor variance to allow for an existing shipping container (cargo container) to be used as an accessory structure on a property with legal non -conforming status be approved subject to the following conditions that are to be completed by December 31st, 2024, to the satisfaction of Planning and Infrastructure Staff: a) That the existing shipping container be screened with appropriate landscaping (i.e., bushes, shrubs, flowers, fencing); and b) That the existing shipping container be painted a more suitable neutral colour to compliment the surrounding community and environment. 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-2024-0016 on May 30, 2024. Minutes — May 30, 2024, 2024 Committee of Adjustment Meeting Page 6 Committee Member Yes No Dave Eastman Noel Gamble } Todd Taylor a Gord Wallace "Carried" 4.3 File: A-2024-0018 (S-C-2005-03) Owner/Agent: Michael Pozzebon/ Sofia Pietrolungo Staff: Akibul Hoque Address: Part Lots 27 and 28 Concession 2 Lot: LOT 27/28 Conc: CON 2 Application: The purpose of the application is to permit model homes in a draft approved plan of subdivision by increasing the maximum number of model homes permitted from 1 to 2 within the Residential Exception ((H)R1-86) Zone. 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 lands subject to the minor variance. Comments were received for the application from external agencies and internal departments, all parties have no objection to the application being approved. 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 noted in the staff report. Discussion: No members of the public wanted to speak on behalf of the application. Agent Bryce Jordan of GHD attended on behalf of the applicant and confirmed that the applicant has read and agreed to the recommendation of Staff Report. Chair Todd Taylor asked for a motion from the Committee. Motion to approve A-2024-0018 as recommended by Dave Eastman, seconded by Gord Wallace. Minutes — May 30, 2024, 2024 Committee of Adjustment Meeting Page 7 Full text of Decision: That application A2024-0018, for a Minor Variance to Section 3.26.a) of Zoning Bylaw 84-63 to permit model homes in a draft approved plan of subdivision by increasing the maximum number of model homes permitted from 1 to 2 within the Residential Exception ((H)R1-86) Zone, 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 A-2024-0018 on May 30, 2024. Committee Member Yes No Dave Eastman Noel Gamble Todd Taylor Gord Wallace "Carried" 4.4 File: A-2024-0019 Owner/Agent: Hashmi Eugine Manuveliparambil / Aravind Gopi Staff: Akibul Hoque Address: 31 Jack Roach Street Lot: LOT 106 Application: The purpose of the application is to legalize an existing deck by increasing the permitted rear yard deck projection from 1.50 metres to 3.55 metres and to facilitate the construction of a below grade stairway entrance to a basement by increasing the permitted rear yard stair projection from 1.50 metres to 3 metres, and by increasing the total permitted lot coverage for all buildings and structures from 45% to 50%. 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 for the application from external agencies and internal departments, all parties have no objection to the application being approved. No comments were received in opposition to the application from members of the public. Minutes — May 30, 2024, 2024 Committee of Adjustment Meeting Page 8 Staff recommend that the application be approved subject to the conditions noted in the staff report. Discussion: No members of the public wanted to speak on behalf of the application. Applicant confirmed that the proposed variances are required to facilitate the proposed basement additional dwelling unit and that they have read and agreed with the recommendations of the Staff Report. D. Eastman: States that he is a little confused regarding the background on this application. On March 29th the permit application was made and then there was another application submitted on April 30th. The application for the minor variance to make the deck legal, so the deck that's on attachment two is the existing deck and that's staying that way. This is just simply to make that deck, that's reflected in that picture, legal? A. Hoque: Confirms that is correct. Chair Todd Taylor asked for a motion from the Committee. Motion to approve A-2024-0019 as recommended by Noel Gamble, seconded by Gord Wallace. Full text of Decision: That application A2024-0019, for a Minor Variance to Section 3.1.g. iv) and Section 13.4.54.f. iii) b) of Zoning By-law 84-63 to legalize an existing deck by increasing the permitted rear yard deck projection from 1.50 metres to 3.55 metres and to facilitate the construction of a below grade stairway entrance to a basement by increasing the permitted rear yard stair projection from 1.50 metres to 3 metres, and by increasing the total permitted lot coverage for all buildings and structures from 45% to 50%, be approved as it is minor in nature, desirable for the appropriate development or use of the land and maintains the general intent and purpose of the Zoning By-law, the 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 A-2024-0019 on May 30, 2024. Committee Member Yes No Dave Eastman Noel Gamble Todd Taylor Gord Wallace "Carried" Minutes — May 30, 2024, 2024 Page 9 Committee of Adjustment Meeting 8. Adoption of Minutes of Previous Meeting, February 28, 2024 Chair Todd Taylor asked for a motion from the Committee. Motion to adopt minutes from April 25, 2024, Committee of Adjustment Meeting was moved by Noel Gamble, seconded by Dave Eastman. "That the minutes of the Committee of Adjustment, held on April 25, 2024, be approved." "Carried" 9. Other Business "None" 10. Adjournment Chair Todd: Let's welcome Wendy Partner to the Committee. Welcome Wendy Partner to the Committee of Adjustment. We look forward to having you with us and take part in our next meeting. Last Date of Appeal for tonight's minor variance applications: June 19, 2024 Next Meeting: June 27, 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 May 30, 2024, Committee of Adjustment be adjourned." "Carried"