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HomeMy WebLinkAbout2024-06-27Minutes — June 27, 2024 Committee of Adjustment Meeting Page 2 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, June 27t", 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 Lucy Pronk Nick Gibson Jacob Circo Todd Taylor Dave Eastman Brad Whittle Noel Gamble Wendy Partner Shelley Pojhola Absent with Regrets Gord Wallace Meeting Host Principal Planner, Secretary -Treasurer Acting Secretary Treasurer Acting Secretary -Treasurer Chair Member Member Member Member Member 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. 3. Declaration of Pecuniary Interest for Consent Applications and Minor Variance Applications Committee Member B. Whittle declared conflict of interest for B2024-0007, B2024-0011, A2024-0020, and A2024-0021 due to the proximity of his home to these applications. Minutes — June 27, 2024 Committee of Adjustment Meeting Page 2 4. Consent Applications 4.1 File Number: B2024-0011 (LD056-2022) Owner/Agent: Colin Quinlan Staff: Jacob Circo Address: 53 Duke Street, Bowmanville Lot: 11 Conc.: 1 Application: Proposed consent to facilitate the creation of a new lot. The purpose of this application is to sever a 295.66 square metre residential parcel of land, retaining a 296 square metre residential parcel of land. Each lot would accommodate a semi-detached dwelling unit. The existing single detached dwelling is to be demolished. The subject application was circulated to the owner/applicant and interested parties. No revisions to the previously submitted consent application that was heard by the Region of Durhams Land Division Committee were made therefore a new circulation of public notice was not necessary to lift this application from the table. No new comments were received for this application. There was opposition received from one resident at the time of the original Land Division Committee Meeting that occurred on June 6, 2022, when consent powers were with Durham Region. The meeting minutes from the June 6, 2022, Durham Region Land Division Committee meeting, were included in the staff report. Said comments were summarized in the staff report and 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. Discussion: No members of the public spoke to the application. D. Eastman — question to staff — no public notice required? J. Circo — Previously the application was heard at the Region of Durham's Land Division Committee, prior to which notice was circulated and posted. No additional notice is required to lift it from the table and no changes have been made to this application. The Interested Parties were notified of the application being heard, and all interested parties will be notified of the Decision. Chair T. Taylor asked for a motion from the Committee. Motion to approve B2024-0011 as recommended by Dave Eastman and seconded by Noel Gamble. Minutes — June 27, 2024 Committee of Adjustment Meeting Page 3 Full text of Decision: That application B2024-0011 is proposed for the creation of a new lot, having reviewed 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 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 June 18t", 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 June 21 st, 2024. 3. That the applicant satisfies all the requirements of the Municipality of Clarington's Development Engineering Division, financial and otherwise as detailed in the Development Engineering letter dated June 18th, 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 8. 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. Minutes — June 27, 2024 Page 4 Committee of Adjustment Meeting 9. 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. 10. 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. 11. The applicant must demolish the existing single detached dwelling on the existing parcel; a demolition permit is required. 12. 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 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 B2024-0011 on June 27, 2024. Committee Member Yes No Gord Wallace Absent Dave Eastman Noel Gamble _ Shelley Pohjola �zv Todd Taylor Wendy Partner Brad Whittle No Vote due to Pecuniary Interest "Carried" Minutes — June 27, 2024 Page 6 Committee of Adjustment Meeting 4.2 File Number: B2024-0012 Owner/Agent: Katrina Metzner on behalf of Daniel Hogenbirk c/o 13296415 Canada Corporation Staff: Jacob Circo Address: 40 Duke Street, Bowmanville Lot: 11 Conc.: 1 Application: Proposed consent to facilitate the creation of a new lot. The proposed retained parcel will have a lot frontage of 21.77 metres, a depth of 26.82 metres, and a lot area of 591.6 square metres. The proposed severed parcel will have a lot frontage of 12.89 metres, a depth of 26.82 metres, and a lot area of 345.6 square metres. The existing shed on the proposed severed parcel is to be demolished/removed. The existing house on the property will remain on the retained parcel. 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 in opposition to the application from four members of the public. The opposition from residents consists of concerns regarding future built form on the subject lands, the size of the lots, increased traffic on Duke Street and on -site parking concerns, and neighbourhood character concerns. All written comments received from members of the public came in after the staff report was written and circulated. Written comments that came in were forwarded to the Committee of Adjustment for their consideration. Staff recommend that the application be approved subject to the conditions within the staff report). Discussion: Interested Party, C. Gray, a nearby resident, expressed concerns with parking and the volume of traffic resulting from this application if approved. Her family moved to this street to be close to the school, and they want to preserve the integrity and value of this property which they feel will be affected if this application is approved. K. Metzner, the Agent for the applicant, summarized why the proposed variance is required and reiterated their agreement with Staffs recommendations and the conditions of the report. They will provide parking for all units. Each lot will consist of a principal dwelling unit and two ADUs of which one of the ADUs will be in a detached accessory building. They will also address Engineering concerns regarding trees and will also provide additional trees and add more landscaping. Minutes — June 27, 2024 Committee of Adjustment Meeting Page 6 W. Partner: How many ADUs will there be? K. Metzner: There will be 3 units for each severed and retained, that being the principal dwelling unit and 2 ADUs. W. Partner: Concerns regarding new builds and how they will blend with the existing dwellings. L. Pronk: Planning will review the permits for the proposed dwellings, although Planning does not necessarily have the power to comment on all design aspects. J. Circo: A Neighbourhood Character study has already been conducted for the Bowmanville Neighbourhood Character Area, and the Urban Design guidelines from the Municipally -initiated Neighbourhood Study were approved by Council, and implemented in both the Clarington Official Plan and Zoning By-law 84-63. Planning is currently working within the framework of the existing Bowmanville Neighbourhood Character policies and zoning regulations in place. Chair T. Taylor asked for a motion from the Committee. Motion to approve B2024-0012 as recommended by Noel Gamble, seconded by Shelley Pohjola. Full text of Decision: That application B2024-0012 is proposed for the creation of a new lot, having reviewed 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 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 June 20t", 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 June 21 st, 2024. 3. That the applicant satisfies all the requirements of the Municipality of Clarington's Development Engineering Division, financial and otherwise as detailed in the Development Engineering letter dated June 11 th, 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. Minutes — June 27, 2024 Page 7 Committee of Adjustment Meeting 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 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. In the case of the application B2024-0012 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. 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. That the existing shed on the proposed severed parcel be removed at the time a building permit is issued for the future single detached dwelling. 11. 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 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 B2024-0012 on June 27, 2024. Minutes — June 27, 2024 Committee of Adjustment Meeting Page 8 Committee Member Yes No Gord Wallace Absent Dave Eastman �} Noel Gamble Shelley Pohjola Todd Taylor Wendy Partner Brad Whittle No Vote due to Pecuniary Interest "Carried" 4.3 File Number: B2024-0007 (Tabled) Owner/Agent: Katrina Metzner on behalf of Jason Roberts c/o 1000452446 Ontario Inc. Staff: Jacob Circo Address: 29 Lambs Lane, Bowmanville Lot: 12 Conc.: 2 Application: The purpose of the application is to facilitate the creation of a new lot to construct a semi-detached dwelling. The purpose of this application is to sever a 492.78 square metres residential parcel of land with 12.88 metres of frontage, retaining 451.09 square metres residential parcel of land with 12.87 metres of frontage. The previous single detached dwelling on the lot has already been demolished. The subject application was circulated to the owner/applicant and interested parties. No revisions to the previously submitted consent application that was heard by the Region of Durhams Land Division Committee 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. No comments were received in opposition to the application from members of the public, at two previous hearings, one on February 7th, 2022, under Durham Region's Land Division Committee, and the other being on February 29th, 2024, under Clarington's Committee of Adjustment. Minutes — June 27, 2024 Committee of Adjustment Meeting Page 9 Should the Committee deem it appropriate to approve the application, staff would request that the approval be conditional upon the owner, applicant or agent fulfilling the following conditions. Discussion: Chair T. Taylor asked for a motion from the Committee. Motion to approve B2024-0007 as recommended by Shelly Pohjola, seconded by Wendy Partner. Full text of Decision: That application B2024-0007 is proposed for the creation of a new lot, having reviewed 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 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 15t", 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 26th, 2024. 3. That the applicant satisfies all the requirements of the Municipality of Clarington's Development Engineering Division, financial and otherwise as detailed in the Development Engineering letter dated June 18th, 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 Minutes — June 27, 2024 Committee of Adjustment Meeting Page 10 Section 2: Planning Requirements 8. 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. 9. 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. 10. 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. 11. The applicant must demolish the existing single detached dwelling on the existing parcel; a demolition permit is required. 12. 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 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. Minutes — June 27, 2024 Committee of Adjustment Meeting Page 12 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 June 27, 2024. Committee Member Yes No Gord Wallace Absent Dave Eastman ! Noel Gamble Shelley Pohjola•' Todd Taylor Wendy Partner Brad Whittle No Vote due to Pecuniary Interest "Carried" 4.4 File Number: A-2024-0020 and A-2024-0021 Owner/Agent: Daniel Hogenbirk/Katrina Metzner Staff: Nicklaus Gibson Address: 40 Duke Street, Bowmanville Lot: LOT 11 Conc.: CON 1 Application: Proposal: Minor Variance Application A-2024-0020 is proposed to facilitate the lot creation proposed in associated Consent Application B2024-0012 by reducing the minimum lot frontage from 15 metres to 12.89 metres and reducing the minimum lot area from 460 square metres to 345.6 square metres. The application also serves to facilitate the construction of a single detached dwelling on the severed lot by reducing the interior side yard setback from 1.8 metres to 1.2 metres, reducing the rear yard setback from 7.5 metres to 6.45 metres, permitting a front yard setback of 6.0 metres; whereas the established building line is 6.37 metres and reducing the front yard landscaped open space from 50% to 41.67%. Proposal: Minor Variance Application A-2024-0021 is proposed on the retained lot (associated Consent Application B2024-0012) to reduce the interior side yard setback from 1.8 metres to 1 metre for the existing single detached dwelling. Additionally, to facilitate the construction of an ADU in an accessory building by reducing the minimum required interior side yard setback from 1.8 metres to 1.5 metres, reducing the minimum required rear yard setback from 1.8 metres to 1.5 metres, and by increasing the maximum lot coverage for the ADU within an accessory structure from 10% to 11 %. Minutes — June 27, 2024 Committee of Adjustment Meeting Page 2 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 a preliminary lot grading plan prior to the building permit being issued. Additionally, comments were received from Clarington Building Division as they were also in support of the application subject to the following condition: a) A demolition permit is required to remove the existing garage from the retained lot and building permits are required for the proposed single detached dwelling and ADU. Furthermore, Clarington Emergency and Fire Services Department and Durham Region Works Department were also circulated and did not have any further comments or objections to the application. Comments were received in opposition to the applications from four members of the public with the following concerns: Number of units on the proposed severed and retained parcels The decrease in lot sizes in the Neighbourhood Character Area Overlay and the Concerns with overflow of parking on site and on street parking. Staff recommends that Minor Variance Applications A-2024-0020 and A-2024-0021 on the provisionally approved severed lot and the provisionally approved retained lot with associated Consent Application B2024-0012 be approved subject to the following conditions within the Staff Report, 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. Comments were received for the application from external agencies and internal departments, all parties have no objection to the application being approved. Discussion: No members of the public spoke to the application. K. Metzner, Development Manager with North Lake Developments, who is the owner of this property summarized why the proposed variance is required and reiterated their agreement with Staffs recommendations and the conditions of the report. N. Gamble: Question for staff regarding the 6 units on this property and clarification on the amount of parking spaces that are required per unit. Minutes — June 27, 2024 Page 13 Committee of Adjustment Meeting N. Gibson: Each single detached dwelling unit requires 2 parking spaces; an additional 1 parking space is required per ADU. For example, if there is one ADU you will need 3, if there is 2, you will need 4. N. Gamble: Follow up to staff regarding clarification on minor variances as these seem to become more major. What area do we draw a line between minor and major variances? L. Pronk: From staff's perspective, what we're looking at is whether the impact of the variance is minor or major. This not necessarily a quantifiable number where we could draw a line, it has more to do with the context of the requested variance and whether we're of the opinion that the impact of that would be major or minor. Impact being, to future residents who are going to live at this proposed property or structure, to existing neighboring residents and then to the streetscape and the overall community. This is the criteria that we are putting that test through. D. Eastman: Would like clarification from the applicant. The lots that are subdivided, why can't you build something that fits on them without needing all these variances? We receive a lot of variances, and I am curious, in my opinion, if these ADU's are just being jammed in there to make it cheaper or whether you consider it affordable housing or not. K. Metzner: With the parameters within the neighborhood character overlay, they're a lot more restrictive in those areas and we are trying to accommodate to make something that is livable. These areas are within our urban areas, and this is where we are supposed to direct intensification. Otherwise, we're directing people to the Greenfield areas, which is worse for everything because we're not using existing infrastructure there. So this is the most reasonable areas to do it in. W. Partner: Question for the applicant. What is the purpose of these decreased lot sizes? I agree with Dave, I don't understand why things can't be built to the existing permissions. K. Metzner: The existing dwelling is pretty much smack dab in the middle of the lot. The owner did try to acquire the property beside they were not in the position to sell at the time, so retaining the dwelling is the reason for the reduced frontage. W. Partner: Would like confirmation on the lot size as well. As it just seems that the setbacks are being front end, back and sides are all being reduced. L. Pronk: Wendy, your question sounds like it may relate to the reduced setback requirements as supposed to the reduction in lot area am I correct? W. Partner: That's correct. K. Metzner: The reduction in the side yard setbacks or rear yard setbacks, this helps to allow with the parking that's on the property and not on the street. And it also allows for drainage and any issues that way, like engineering was asking for to make sure that we're having proper drainage. So, it's not affecting any of the other neighbors. Minutes — June 27, 2024 Committee of Adjustment Meeting Page 14 Chair T. Taylor asked for a motion from the Committee. Motion to approve A-2024-0020 as recommended by Noel Gamble, seconded by Shelly Pohjola. Full text of Decision: That Minor Variance Application A-2024-0020 for variances to Sections 12.2 b. i), 12.2 a. i), 12.2 d. iv), 12.2.1 b. i) c), 3.1 g. iv), and 12.2.1 d. ii), on the provisionally approved severed lot (associated Consent Application B2024-0012) to reduce the minimum lot frontage from 15 metres to 12.89 metres, reduce the minimum lot area from 460 square metres to 345.6 square metres, reduce the rear yard setback from 7.5 metres to 6.45 metres, permit a front yard setback of 6 metres; whereas, the established building line is 6.37 metres and reduce the front yard landscaped open space from 50% to 41.67% 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 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; and That all interested parties listed in this report be forwarded a copy of the Committee's decision. 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 for file A-2024-0020 on June 27, 2024. Committee Member Yes No Gord Wallace Absent Dave Eastman Noel Gamble Shelley Pohjola Todd Taylor Wendy Partner Brad Whittle No Vote due to Pecuniary Interest Minutes — June 27, 2024 Committee of Adjustment Meeting Motion to approve A-2024-0021 Partner. Full text of Decision: Page 15 as recommended by Dave Eastman, seconded by Wendy That Minor Variance Application A-2024-0021 for variances to Sections 12.2.1 b. ii) c), 3.2 f. ii) b), 3.2 f. ii) b), and 3.2 f. ii) c) i), on the provisionally approved retained lot (associated Consent Application B2024-0012) to reduce the interior side yard setback from 1.8 metres to 1 metre for the existing single detached dwelling, reduce the minimum interior side yard setback from 1.8 metres to 1.5 metres, reduce the minimum rear yard setback from 1.8 metres to 1.5 metres, and to increase the maximum lot coverage for the ADU within an accessory structure from 10% to 11 % be approved subject to the following condition: a) The applicant must demolish the existing accessory structure on the proposed retained parcel; a demolition permit is required; 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; and; That all interested parties listed in this report be forwarded a copy of the Committee's decision. 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 for file A-2024-0021 on June 27, 2024. Committee Member Yes No Gord Wallace Absent Dave Eastman Noel Gamble Shelley Pohjola 54-t I? Todd Taylor Wendy Partner Brad Whittle No Vote due to Pecuniary Interest "Carried" Minutes — June 27, 2024 Page 16 Committee of Adjustment Meeting 8. Other Business Committee Member B. Whittle raised questions and concerns about the lack of new notice circulation and sign posting for tabled applications that have been inherited from the Region and asked if now an appropriate time is to discuss his concerns. L. Pronk: Confirmed that now is an appropriate time to discuss and explained that Staff are of opinion that the requirements of the Planning Act have been satisfied. This is the same procedure that is followed with higher order applications. The reason for an interested party list is to ensure that those who want to be notified of an application as it makes its way through the planning approval process and to an eventual staff recommendation are kept in the know. For minor variances, that's been our process whenever tabling and then lifting from the table because it's understood that the original circulation and the original notice posting is to garner interest at the public hearing and then those people are informed from then on. The committee has the ability to request that an application is recirculated, if they feel that a recirculation is warranted or required for a specific application. B. Whittle: Section 53 of the Planning Act, which we deal with for consents here today, is that the same Act that's going to take care of subdivisions? The Act as I read it says at least 14 days prior to decision being made by Council, public notices to be made, we made a decision today on two items and 14 days ago they were not posted. They were posted in February of 2022. L. Pronk: I hear what you are raising. Our prerogative is to implement the Planning Act. The same Planning Act is utilized for all Planning Act applications. Section 53 relates to consents. Other sections relate to other applications. Notice was circulated 14 days prior to the Land Division Committee making the decision to table that application and notice was circulated more than 14 days prior to tonight's hearing. Often Planning Act application decisions take months and or years to be made. If there is an application that is brought forth that the committee feels requires a recirculation, then that is the committee's prerogative, and you have the ability to pass a motion to request that it be recirculated. B. Whittle: I will now put motions forward to table every one of these applications that you're bringing forward that aren't being recirculated to the public. L. Pronk: Understood. We don't have the resources to circulate multiple times for applications, so I appreciate you letting me know that you will be making a motion moving forward. I'll take that information back internally and we can review process going forward. We only have a few of these applications left that are inherited from the Region. The rest are applications that have been heard by this Committee, and if they're tabled by this committee, it's up to you whether you want them recirculated before they're heard again by this committee. D. Eastman: Can we make a motion that the ones that were tabled at the Regional level all get posted because I agree with Brad. Minutes — June 27, 2024 Committee of Adjustment Meeting Page 17 L. Pronk: What you're saying is that you'd like to make a motion that consent applications that we inherited from the Region, that were tabled by the Region, be recirculated at the staff level before being heard by this committee. D. Eastman: Yes, please. Chair T, Taylor: Asks if the Committee Members would like to do this motion now? And can someone second the motion? D. Eastman: I will make a motion that for all the applications inherited from the Region that they be publicly posted and re -circulated when they are brought back before this committee. Chair T, Taylor: Do we have a seconder for that motion? B. Whittle: I will second this motion. Chair T. Taylor: And by way of vote for the hybrid meeting, if you agree please respond with a yes. Committee Members: Dave, yes. Noel, yes. Shelley, yes. Brad, yes. Wendy, yes. Chair Todd Taylor is also in agreement. D. Eastman: Can I confirm with staff that anything going forward that is new to Clarington, we'll get posted, as long as we haven't tabled it. L. Pronk: Correct, every other new application that comes in the door to us has always been circulated and posted in accordance with the Planning Act prior to being heard by this committee. D. Eastman: For example, if this committee tabled something and it comes back to this committee two years later, it's up to the committee at that time to say we would like to see this posted again or just it will not be posted. L. Pronk: Correct, that's the process that we followed with the Committee of Adjustment with minor variances since the inception. Motion put forward: All applications inherited from the Region of Durham be circulated before being heard in front of this Committee of Adjustment. Motion put forward by Dave Eastman, seconded by Brad Whittle. Unanimous vote by all members — Dave Eastman, Brad Whittle, Noel Gamble, Wendy Partner, Todd Taylor Minutes — June 27, 2024 Committee of Adjustment Meeting Page 17 Chair T. Taylor: I see no other business that the Committee Members would like to discuss or share. 9. Adoption of Minutes of Previous Meeting, May 30t", 2024 Chair T. Taylor asked for a motion from the Committee. Motion to adopt minutes from May 30, 2024, Committee of Adjustment Meeting was moved by Noel Gamble, seconded by Brad Whittle. "That the minutes of the Committee of Adjustment, held on June 27, 2024, be approved." "Carried" Hybrid Committee of Adjustment Meetings: Unanimous vote by all members — Dave Eastman, Brad Whittle, Noel Gamble, Wendy Partner, Todd Taylor 10. Adjournment Last Date of Appeal for minor variance applications: June 19, 2024 Last Date of Appeal for consent applications: June 25th, 2024 Next Meeting: July 25, 2024 Chair T. Taylor asked for a motion from the Committee. Motion to adjourn the meeting was moved by Dave Eastman, seconded by Noel Gamble "That the June 27, 2024, Committee of Adjustment be adjourned." "Carried"