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HomeMy WebLinkAbout2024-08-26Ciarbgton 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, August 29t", 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, participatec though the teleconferencing platform Microsoft Teams, which allows participation through a computer's video and audio, or by telephone. Present: Cindy Hammer Sarah Parish Nick Gibson Tyler Robichaud Todd Taylor Dave Eastman Brad Whittle Noel Gamble Wendy Partner Shelley Pojhola Absent with Regrets Gord Wallace Meeting Host Principal Planner 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 No conflicts. Minutes — August 29, 2024 Page 2 Committee of Adjustment Meeting 4. Consent Applications: 4.1 File Number: B2024-0018 (Tabled) Owner/Agent: Cynthia Merkas / Mary Merkas Staff: Jacob Circo Address: 6157 Solina Road Application: Proposed consent to facilitate the creation of a new lot. The existing dwelling is proposed to remain on the proposed retained parcel. The proposed retained parcel will have a lot frontage of 38.40 metres, a depth of 105.39 metres, and a lot area of 4,050 square metres. The proposed severed parcel will have a lot frontage of 18.29 metres, and a lot area of 32,670 square metres. The existing accessory structure that is situated on the proposed severed parcel is to be removed/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. Comments were received from the Region of Durham Health Department requesting a Site Servicing Plan. Since the July 25t", 2024 Committee of Adjustment meeting, the Health Department has received the additional information from the applicant and have no objections to the application. No other comments in opposition to the applications were received from departments or agencies. No comments were received in opposition to the application from agencies or internal departments. Staff recommend that the application be lifted from the table and approved, subject to the conditions within the staff report. Discussion: No members of the public spoke to the application. Applicant confirmed they have read and agree with the Staff Report. Chair T. Taylor asked for a motion from the Committee. Motion to approve B2024-0018 as recommended by Brad Whittle and seconded by Dave Eastman. Minutes — August 29, 2024 Page 3 Committee of Adjustment Meeting Full text of Decision: That application B2024-0018 as proposed, having reviewed all agency and department comments and oral and written submissions, staff hereby move that the application be approved as applied for, subject to the conditions detailed in the Staff report. Conditions Of Approval: Should the Committee deem is appropriate to approve the application, staff would request that the approval be conditional upon the owner, applicant or agent fulfilling the following conditions: Section 1: General 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 July 25th, 2024. 2. That the applicant satisfies all the requirements of the Regional Municipality of Durham Health Department, financial and otherwise as detailed in the Regional Health letter dated July 25th, 2024. 3. That the applicant satisfies all the requirements of Central Lake Ontario Conservation Authority, financial and otherwise as detailed in the Central Lake Ontario Conservation Authority letter dated July 16th, 2024. 4. 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 July 12th, 2024. 5. The owner, applicant or agent must enter into a consent agreement with the Municipality of Clarington. 6. 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. 7. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance of a clearance letter. 8. 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 — August 29, 2024 Committee of Adjustment Meeting Page 4 Section 2: Planning Requirements 9. The applicant demonstrates that the proposed development (i.e., house, driveway, septic, private well) can be accommodated outside a 15 metre vegetated protection zone setback from the outermost extent of the significant woodland on the severed parcel as well as keeping the proposed development completely out Environmental Protection Areas land use boundary within the Clarington Official Plan. 10. 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. 11. 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. 12. The applicant must demolish the existing accessory structure on the existing parcel; a demolition permit is required. 13. 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 B2024-0018 on August 29th, 2024, 6:40pm. Minutes — August 29, 2024 Committee of Adjustment Meeting Page 5 Committee Member Yes No Gord Wallace Absent Dave Eastman Noel Gamble Shelley Pohjola Todd Taylor Wendy Partner Brad Whittle "Carried" 4.2 File Number: B2024-0020 (lot Line Adjustment) and B2024-0021 (Severed) Owner/Agent: Honey Harbour Heights Estates Ltd. / Ralph F. Grander Staff: Tyler Robichaud Address: 72 Ormiston Street Application: The purpose of the consent application B-2024-0020 is to facilitate a lot boundary adjustment between 72 and 76 Ormiston Street that would result in a 0.6 metre lot line shift described as Part 2 on the draft reference plan. The lot boundary adjustment would favor the neighboring property to the east (76 Ormiston) adding 77 square meters of lot area to accommodate access and ownership of an existing private well. The purpose of the consent application B-2024-0021 is to facilitate the creation of a new 4,652 square metre residential lot within the rural settlement boundary of Hampton. 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. Minutes — August 29, 2024 Committee of Adjustment Meeting Page 6 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. Applicant confirmed they have read and agree with the Staff Report. Ralph Grander — Does the sign posted have to remain until the appeal period is over? Tyler Robichaud -The signage was posted in accordance with the Planning Act leading up to the hearing tonight, but I will look into that, and I will let you know if the sign can be removed or not. We will confirm, and it will be recorded in the minutes. Ralph Grander — Every time I went to Land Division at the Region, that was the last comment. As a follow up to the question from the applicant, the sign is not required under the Planning Act to remain on the property past the public hearing. Chair T. Taylor asked for a motion from the Committee. Motion to approve B2024-0020 as recommended by Dave Eastman and seconded by Brad Whittle. Motion to approve B2024-0021 as recommended by Noel Gamble and seconded by Dave Eastman Full text of Decision: That application B2024-0020 is proposed for the creation of a new lot, having reviewed all agency and department 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: Should the Committee deem is appropriate to approve the application, staff would request that the approval be conditional upon the owner, applicant or agent fulfilling the following conditions: Section 1: General 1. 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 for B-2024-0020 and B-2024-0021 dated August 2nd, 2024. 2. That the applicant satisfies all the requirements of the Regional Municipality of Durham Health Department, financial and otherwise as detailed in the Regional Health letter for B-2024-0021 dated August 14th, 2024. 3. That the applicant satisfies all the requirements of the Regional Planning and Economic Development Department, financial and otherwise as detailed in the Regional Planning letters for B-2024-0020 and B-2024-0021 dated August 20th, 2024. Minutes — August 29, 2024 Committee of Adjustment Meeting Page 7 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. The owner, applicant or agent must enter into a consent agreement with the Municipality of Clarington 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 Agent/owner is required to submit a zoning by-law amendment application to rezone the severed parcel to address any the use and lot configuration. In order to clear this condition, zoning by-law amendment application is to be approved, final and binding from Clarington Council. 2. 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. 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. Advisory Notes 8. 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. 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 — August 29, 2024 Committee of Adjustment Meeting Page 8 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 B2024-0020 on August 29, 2024 at 6:46 pm. Committee Member Yes No Gord Wallace Absent Dave Eastman Noel Gamble Shelley Pohjola Todd Taylor Wendy Partner Brad Whittle "Carried" 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 B2024-0021 on August 29, 2024 at 6:47 pm. Committee Member Yes No Gord Wallace Absent Dave Eastman Noel Gamble Shelley Pohjola �.► Todd Taylor Wendy Partner Brad Whittle "Carried" Minutes — August 29, 2024 Committee of Adjustment Meeting Page 9 4.3 File Number: B2024-0022 (Severance) and B2024-0023 (Easement) Owner/Agent: Bowmanville Creek Development / David McKay Staff: Tyler Robichaud Address: 205 Baseline Road Application: The purpose of the consent application B-2024-0022, is it seeks consent to facilitate the creation of a new 3.75-hectare commercial lot. In addition, there will be +/- 157 square metre parcel of land to be conveyed to the municipality (please refer to Part 2 on the Draft Reference Plan). The purpose of the consent application B-2024-0023, is it seeks consent to register blanket easement agreement between 285, 357 and 205 Baseline Road West to include easement rights for access, development, and servicing. The subject applications were 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 required under the Planning Act to lift this application from the table. 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 applications B-2024-0022 and B-2024-0023 for consent be approved subject to the conditions within the staff report. Discussion: No comments or questions from the Public or Committee. Applicant confirmed they have read and agree with the Staff Report. Chair T. Taylor asked for a motion from the Committee. Motion to approve B-2024-0022 as recommended by Brad Whittle, seconded by Shelly Pohjola. Motion to approve B-2024-0023 as recommended by Dave Eastman, seconded by Wendy Partner. Minutes — August 29, 2024 Committee of Adjustment Meeting Page 10 Full text of Decision: That application B-2024-0022, seeking consent to facilitate the creation of a new 3.75- hectare commercial lot, and consent application B-2024-0023, seeking consent to register a blanket easement agreement between 285, 357 and 205 Baseline Road West to include easement rights for access, development and servicing, having reviewed all agency comments and oral and written submissions hereby move that these applications be approved as applied for, subject to the conditions detailed in the Staff report. Conditions Of Approval: Should the Committee deem is appropriate to approve the application, staff would request that the approval be conditional upon the owner, applicant or agent fulfilling the following conditions: Section 1: General That the applicant shall enter into a Consent Agreement with the Corporation of the Municipality of Clarington. 2. 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 August 7, 2024. 3. 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 August 29, 2024. 4. That the applicant satisfies all the requirements of the Central Lake Ontario Conservation Authority (CLOCA), financial and otherwise as detailed in the CLOCA letter dated August 20, 2024. 5. That the applicant satisfies all the requirements of the Ministry of Transportation (MTO), financial and otherwise as detailed in the MTO letter dated August 21, 2024. 6. 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. 8. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance of a clearance letter. Minutes — August 29, 2024 Page 11 Committee of Adjustment Meeting 9. 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. 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 2. That the applicant's solicitor shall prepare and submit a draft copy of the proposed blanket easement documents for review by the Municipality of Clarington. 3. That the applicant shall ensure any new easement/right-of-way complies with all appliable provisions of Zoning By-law 84-63. 4. Provide the necessary Record of Site Condition in a satisfactory matter to the Municipality of Clarington and Regional Municipality of Durham. 5. The applicant shall transfer to the Corporation of the Municipality of Clarington, for nominal consideration, free and clear of encumbrances and restrictions, 157 square metres which is Part 2 as shown on the draft reference plan. Advisory Notes 1. It is the owner, applicant/and or agent's responsibility to fulfill the conditions of consent approval within two (2) years from the date of the notice of decision pursuant to Section 53 of the Planning Act. We will issue no further notice or warning of the expiration of the two-year period. 2. If the conditions to consent approval are not fulfilled within two (2) years from the date of the notice of decision and the applicant is still interested in pursuing the proposal, a new consent application will be required. The matter was then put to a vote and was carried out as follows, signed by all members present and concurring that this is the Committee Decision on B2024-0022 on August 29tn 2024.at 6:53pm. Minutes — August 29, 2024 Committee of Adjustment Meeting Page 12 Committee Member Yes No Gord Wallace Absent Dave Eastman Noel Gamble Shelley Pohjola �. Todd Taylor Wendy Partner Brad Whittle "Carried" 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 B2024-0023 on August 29' at 6:54pm. Committee Member Yes No Gord Wallace Absent Dave Eastman Noel Gamble 6 Shelley Pohjola.' Todd Taylor Wendy Partner Brad Whittle "Carried" Minutes — August 29, 2024 Committee of Adjustment Meeting Page 13 5 Minute Recess — Resume meeting 6:54pm 4.4 File Number: A-2024-0024 (Tabled) Owner/Agent: Cynthia Merkas / Mary Merkas Staff: Nicklaus Gibson Address: 6157 Solina Road Application: The purpose of the application is to reduce the minimum required lot frontage for a single detached dwelling from 30 metres to 18.29 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. There was one comment that we received in opposition to the application from a member of the public when this application was first brought to the attention of the Committee of Adjustment on July 25, 2024. Staff did not receive any additional comments in opposition to this application for this month's meeting. Staff recommends that application A2024-0024 for a minor variance to Section 9.2.b) on the severed lot (Associated Consent Application # B-2024-0018) to reduce the minimum required lot frontage for a single detached dwelling from 30 metres to 18.29 metres be approved as it conforms with the intent and purpose of the Clarington Official Plan, maintains the general intent and purpose of the Zoning By-law, is desirable for the appropriate development or use of the land, and is minor in nature. Discussion: No members of the public spoke to the application. Applicant confirmed they have read and agree with the Staff Report. Chair T. Taylor asked for a motion from the Committee. Motion to approve A2024-0024 as recommended by Brad Whittle and seconded by Shelley Pojhola. Full text of Decision: Staff recommend approval of the application for a Minor Variance to Section 9.2.b) A2024- 0024 on the severed lot (Associated Consent Application # B-2024-0018) to reduce the minimum required lot frontage for a single detached dwelling from 30 metres to 18.29 metres; 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. Minutes — August 29, 2024 Committee of Adjustment Meeting Page 14 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-2024-0024 on August 29t", 2024. Committee Member Yes No Gord Wallace Absent Dave Eastman Noel Gamble Shelley Pohjola �•' Todd Taylor Wendy Partner a .F, Brad Whittle , "Carried" 4.5 File Number: A-2024-0027 Owner/Agent: Brae Daly / Perla Daly Staff: Nicklaus Gibson Address: 61 Cherry Blossom Crescent Application: The purpose of the application is to permit the construction of an addition to an existing single detached dwelling by reducing the minimum required interior side yard setback from 1.2 metres to 0.6 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 in opposition to the application from members of the public. The following issues and concerns are as follows: Stormwater management and drainage The size of the proposed garage addition Minutes — August 29, 2024 Page 15 Committee of Adjustment Meeting Discussion: Jenny Perry — I live at 59 Cherry Blossom Cresent and the neighbour to the left of this property. I feel, as stated, this will limit access to my foundation and make repairs unreasonably difficult and expensive. This will negatively impact the resale value of my home, while the neighbour will benefit from a higher resale value, as no other house on the street is like this. I am unable to move because of extensive modifications to my house for my son and my mother, and I feel like it will make my house look like a link home, and I live in the basement, and I have paid money to have the windows made larger to allow for more light. The intended build is on the north side and will impact this. Is there any way that the addition could be moved forward instead of sideways towards my house? D. Eastman — I would like to confirm a couple of things, we did read your letter, and there are no other houses with 2 car garages. I drove down that street the other day and most of the houses have 2-car garages. J. Perry— there are 1 and a half garages, but not 2 full car garages, you can see there is one door and not 2 separate. D. Eastman — I noticed the driveway is almost on the edge of your house now, is it over the property line? J. Perry - the actual driveway at the bottom half is not, but there is part of it on my property that is beside right beside the home. D. Eastman — I noticed the neighbor has a van parked there. J. Perry — that was a little piece that was put there and is partially on my property. D. Eastman — has that been addressed? J. Perry — I have been dealing with the basement waterproofing on the back part of my house and it has been horrific, and I have not had time. B. Daly — About the part on the driveway, we did talk about that, as far at the drainage, I am not an Engineer, but I do think it will be okay. B. Daly - That driveway will be demolished that will be soft soil rather than asphalt, as far as the windows go on my neighbor's north side, I think if anything the reflection from my siding may actually provide more light into her basement. D. Eastman —Once you are building your new addition, would it be inboard, and in place of where your current driveway ends? B. Daly — yes D. Eastman — In other words, will your new addition be as close to the house as the current driveway is on the south side? Minutes — August 29, 2024 Page 16 Committee of Adjustment Meeting B. Daly — It would be where I park the edge of my van, about 2 ft 1 inch approximately. However, it will be farther back because where the fence line is, and these where I lined up my driveway too, which was ok'd at the time, that actually approximately 6 inches on her property, so she has approximately 6 inches of my asphalt on her property, so it would be back another 2 foot 1 and a half. W. Partner — Would you be open to moving it forward as the neighbour suggested? B. Daly — Closer to the Street? W. Partner —yes B. Daly -I've I just spent quite a bit of money on my driveway that would all have to change, part of the reason is to provide access to the back of my property too, with a garage door in the back. I had not even thought about that, I thought this would be approved from I have talked about and talked to. So I do not really know, I would love to do that, I just did not know it was an option, and other than that, I would like to keep it like it is. W. Partner — OK, so you are you suggesting that the reflection from your vinyl siding or aluminum siding, is going to make it better for the neighbor? B. Daly — She has a north facing window and I have large trees that block any direct sunlight into the windows. As far as I can tell, I was saying, that if anything, I believe most of the time she is actually able to get more light under the windows because they will be reflecting off the vinyl siding on my south wall. W. Partner— Interesting. Okay. Thank you. B. Daly -1 just wanted to add that I run a small business and that is why I want the garage like that. I run it out of my house, and I have a small garage. As you can see, that is the main purpose and we have a growing family, and we would like to have a games room. That is why. Applicant confirmed they have read and agree with the Staff Report. Chair T. Taylor asked for a motion from the Committee. Motion to approve A2024-0027 as recommended by Noel Gamble and seconded by Shelley Pojhola. 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. Given the above comments, Staff recommends approval of the application for a minor variance to Section 12.2 d. iii) a) of Zoning By-law 84-63 to permit the construction of an addition to an existing single detached dwelling by reducing the minimum required interior side yard setback from 1.2 metres to 0.6 metres. 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-2024-0027 on August 29, 2024 at 7.20 pm. Minutes — August 29, 2024 Committee of Adjustment Meeting Page 17 Committee Member Yes No Gord Wallace Absent Dave Eastman Noel Gamble Shelley Pohjola Todd Taylor Wendy Partner 41I J �_ Brad Whittle "Carried"4.6 File Number: A-2024-0030 Owner/Agent: Ryan Hoy / Amanda Hoy Staff: Nicklaus Gibson Address: 75B Duke Street Application: The purpose of the application is to permit the construction of a single detached dwelling by increasing the maximum lot coverage from 30% to 45%, and to permit the garage door to project 2.4 metres from the front wall of the 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. 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. Discussion: No members of the public spoke to the application. Amanda Hoy — I am the Agent for Stonefield Homes. We have read and agree to the conditions in the Staff Report. Minutes — August 29, 2024 Committee of Adjustment Meeting Chair T. Taylor asked for a motion from the Committee. Motion to approve A2024-0030 as recommended by Dave Eastman and seconded by Noel Gamble. Full text of Decision: Page 18 That application A2024-0030 for a minor variance to section 12.2.1 c. i. b) and section 12.2.1 f. ii) of Zoning By-law 84-63 to permit the construction of a single detached dwelling by increasing the maximum lot coverage from 30% to 45%, and to permit the garage door to project 2.4 meters from the front wall of the dwelling be approved as it conforms to the Clarington Official Plan, maintains the general intent and purpose of the Zoning By-law, is desirable for the appropriate development or use of the land, and is deemed to be minor in nature. 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-2024-0030 on August 29t" 2024 at 7:25 pm. Committee Member Yes No Gord Wallace Absent Dave Eastman Noel Gamble Shelley Pohjola e'x Todd Taylor Wendy Partner Brad Whittle; "Carried" Minutes — August 29, 2024 Committee of Adjustment Meeting Page 19 File Number: A-2024-0033 Owner/Agent: Greg Phillippe / Bobbi Ann Brooks Staff: Nicklaus Gibson Address: 5900 Main Street Application: The purpose of the application is to permit the construction of an Additional Dwelling Unit within a detached accessory structure by increasing the maximum permitted building height from 6.5 metres to 7.1 metres. Public notification was conducted in accordance with the Planning Act which included signage being installed on the subject site and a mail out to all property owners within 60 metres of the subject site. No comments were received in opposition to the application from external agencies or internal departments; and No comments were received in opposition to the application from members of the public. Discussion: No members of the public spoke to the application. B. Brooks — I am here representing the owner and I agree the comments in the Staff Report are minor in nature. It seems reasonable for the height increase, otherwise we can barely get any living space on a second floor. S. Pohjola -1 am just curious; can you please advise why the Regions Health Department was copied on the report. N. Gibson — The Durham Region Health Department was circulated, and the applicant paid the circulation fee. S. Pohjola — Yes, that is fine. Thanks. Chair T. Taylor asked for a motion from the Committee. Motion to approve A2024-0033 as recommended by Brad Whittle and seconded by Dave Eastman. Full text of Decision: That application A2024-0033 for a minor variance to section 3.2 f. ii) d. of Zoning Bylaw 84-63 to permit the construction of an Additional Dwelling Unit within a detached accessory structure by increasing the maximum permitted building height from 6.5 metres to 7.1 meters be approved as it conforms to the Clarington Official Plan, maintains the general intent and purpose of the Zoning By-law, is desirable for the appropriate development or use of the land, and is minor in nature. Minutes - August 29, 2024 Committee of Adjustment Meeting Page 20 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-2024-0033 on August 29'" 2024 at 7:30 pm. Committee Member Yes No Gord Wallace Absent Dave Eastman Noel Gamble Shelley Pohjola. Todd Taylor Wendy Partner Brad Whittle "Carried" 8. New Business Dave Eastman - Would like to bring up the previous motion to cover any related consents. Committee is seeking direction from Staff to decide whether they agree to allow Committee to consolidate voting on consent and minor variance applications into a single motion when the applications are related to the same property. Todd Taylor - In our last minutes this was brought forward by Wendy to consolidate so that we can make one motion rather than having separate motions on each item and in the minutes, it said that Planning would take that away and give us some feedback. Dave Eastman - Indicated that the committee has not received confirmation. So we would ask that staff review the Minutes from July 25th and advise accordingly for the next meeting. 9. Adoption of Minutes Chair T. Taylor asked for a motion from the Committee. Motion to adopt minutes from July 25th, 2024, Committee of Adjustment Meeting was moved by Noel Gamble, seconded by Brad Whittle. "That the minutes of the Committee of Adjustment, held on July 25th, 2024, be approved. "Carried" Minutes — August 29, 2024 Page 21 Committee of Adjustment Meeting 10. Adjournment Last Date of Appeal for applications: September 16, 2024 Next Meeting: September 26th, 2024 Chair T. Taylor asked for a motion from the Committee. Motion to adjourn the meeting was moved by Wendy Partner, seconded by Noel Gamble "That the August 29th, 2024, Committee of Adjustment be adjourned." Meeting adjourned at 7:34 pm. "Carried"