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HomeMy WebLinkAbout2024-09-26Clarington 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, September 26, 2024 Time: 6:30pm 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 Sarah Parish Akibul Hogue Jacob Circo Todd Taylor Wendy Partner Dave Eastman Noel Gamble Gord Wallace Shelley Pohjola Brad Whittle Absent with Regrets 1. Call to Order Meeting Host Secretary -Treasurer Assistant Secretary -Treasurer Assistant Secretary -Treasurer Chair Member Member Member 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 Consent Applications 11None" Minutes — September 26, 2024 Committee of Adjustment Meeting Page 2 4. Swear in Sarah Parish as Secretary — Treasurer Motion to approve Sarah Parish as Secretary - Treasurer as recommended by Noel Gamble and seconded by Dave Eastman. All Committee Members approved this motion. Time approved 6:36 P.M. 5. Consent Applications: 4.1 File Number: B-2024-0028 Agent: Colin Quinlan c/o ER Group of Companies Owner: 7575025 Canada Incorporated Staff: Jacob Circo Address: 249 Liberty Street N Application: The first application before the Committee this evening is File (B-2024-0028) for (249 Liberty Street North, Bowmanville) The purpose of the application is to facilitate the creation of a new lot, and the purpose of this application tonight is to retable for another 2 years to address comments from the Regional Municipality of Durham. 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 two members of the public. The nature of the concerns was for removal of trees, privacy, and gentle intensification. The comments were received after the staff report was written. Comments received by the public will be considered when the application is eventually lifted from the tabling and presented again to the Committee of Adjustment. Staff recommends that the application be tabled for another 2 years, until October 3, 2026, subject to the conditions noted in the staff report. Discussion: D. Eastman: Would like clarification on the extended date being October 3, 2026? J. Circo: Confirms that the original Consent was heard on October 3, 2022, and expiring on October 3, 2024. Tabling for two years will bring it to October 3, 2026. No members of the public spoke on this application. Minutes — September 26, 2024 Committee of Adjustment Meeting Page 3 The agent, C. Quinlan c/o ER Group of Companies, confirms they agree with the recommendations and conditions, along with the application being tabled for 2 years, expiring on October 3, 2026. Motion to approve B-2024-0028 as recommended by Dave Eastman, seconded by Shelley Pohjola. Time approved 6:41 P.M. Full text of Decision: The purpose of this application is to sever a 422.35 square metre residential parcel of land, retaining a 427.68 square metre parcel of land. The existing dwelling is to be demolished. That application B-2024-0028 (X-Ref LD2022/110) be tabled for a period of up to 24 months until October 3rd, 2026, to allow for the agent to clear Regional conditions as per the comments from the 2022 report (see Appendix D and Appendix E) 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 B-2024-0028 on September 26, 2024: Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola "I P. ► Todd Taylor Gord Wallace Brad Whittle "Carried" 5. Declaration of Interest for Minor Variance Applications 6. Minor Variance Applications 7.1 File: A-2024-0035 Owner/Agent: Justin Gunn, Megan Gunn Staff: Akibul Hoque Address: 102 Church Street Minutes — September 26, 2024 Page 4 Committee of Adjustment Meeting Application: The first application before the Committee this evening is File A2024-0035 for 102 Church Street North. This application proposes to permit the extension of a legal non -complying accessory structure by increasing the maximum permitted accessory floor area from 60 square metres to 80 square metres and by increasing the maximum permitted accessory lot coverage from 10% to 14%. 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 internal departments for this proposal. Comments were received in opposition to the application from a member of the public. The public member raised concerns of the legal non -complying garage in proximity to their property line. Staff recommend that the application be approved. Discussion: No members of the public spoke regarding this application. The owner/agent, J. Gunn, spoke and provided an overview of the application. The owner/agent states that they read and agreed to the conditions of Staff's recommendation. W. Partner: Would like clarification if the extension would block more of the sunlight onto the neighboring property or cause any shadowing issues. J. Gunn: It should not because we only expanded a little bit from the old garage and the way the sun rises and sunsets, it does not impede any of the neighbors. D. Eastman: Was a survey submitted with the minor variance application? A. Hoque: A survey was submitted with the minor variance application which demonstrates the legal non -complying structure is situated well within the property boundaries. Any further disputes between the landowners would be considered a civil matter which is out of the jurisdiction of the committee and the nature of the application. G. Wallace: Would like clarification from staff regarding the surrounding uses and is the South is woodlands and what does this mean? A. Hoque: States that there are trees and vegetation to the south and there is a floodplain situated within that area as well. The neighboring property immediate to the south, is a residential property. J. Circo: Clarifies, at the end of Church Street, to the south of the subject property, there is a floodplain with trees and vegetation, which is what the staff report is referring to as woodlands. Minutes — September 26, 2024 Committee of Adjustment Meeting Page 5 G. Wallace: States that it confirms his questions. Motion to approve A-2024-0035 as recommended by Noel Gamble, seconded by Gord Wallace. Time approved 6:53 P.M. Full text of Decision: That application A2024-0035, for a Minor Variance to Section 3.1.c. by permitting the extension of a legal non -complying accessory structure by increasing the maximum permitted accessory floor area from 60 square metres to 80 square metres and by increasing the maximum permitted accessory lot coverage from 10% to 14%, be approved as it maintains the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 84-63, desirable for the appropriate development or use of the land and minor in nature. 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-2024-0035 on September 26, 2024. Committee Member Yes No Wendy Partner 1 Dave Eastman Noel Gamble Shelley Pohjola Todd Taylor Gord Wallace Brad Whittle "Carried" 7.2 File: A-2024-0037 Agent: Jason Louws c/o Ground Force Contracting Ltd. Owner: Nick Vanderweer Staff: Akibul Hoque Address: 3314 Concession Road 5 Minutes — September 26, 2024 Committee of Adjustment Meeting Page 6 Application: The second application before the Committee this evening is File A2024-0037 for 3314 Concession Road 5. Please note, the address for the minor variance application is 3314 Concession Road 5 and not 5043 Pollard Road as stated on the agenda. This application proposes to facilitate the construction of an accessory structure by increasing the maximum permitted accessory total floor area from 90 square metres to 115 square metres. Public notification was conducted in accordance with the Planning Act which included signage being installed on the subject site and a mail out to all property owners within 60 metres of the subject site. Comments were received from external agencies and internal departments for this proposal. 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 of the report. Discussion: No members of the public spoke regarding this application. The agent, J. Louws c/o Ground Force Contracting Ltd, spoke and provided an overview of the application. The agent stated that they read and agreed to the conditions of staff's recommendation. Motion to approve A-2024-0037 as recommended by Dave Eastman, seconded by Gord Wallace. Time approved 6:57 P.M. Full text of Decision: That application A2024-0037, for a Minor Variance to Section 3.1.c. by facilitating the construction of an accessory structure by increasing the maximum permitted accessory total floor area from 90 square metres to 115 square metres, be approved as it maintains the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 84- 63, desirable for the appropriate development or use of the land and minor in nature, subject to the following condition; That the chicken coop be removed at the time of applying for a building permit application for the proposed accessory structure. 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-2024-0037 on September 26, 2024. Minutes — September 26, 2024 Committee of Adjustment Meeting Page 7 Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola Todd Taylor° Gord Wallace Brad Whittle a "Carried" 7.3 File: A-2024-0038 Agent: Clinton Dochuk c/o Hom Drafting and Design Inc. Owner: Ryan and Laura Porter Staff: Akibul Hoque Address: 5462 Main Street, Orono Application: The third application before the Committee this evening is File A2024-0038 for 5462 Main Street. This application proposes to facilitate the construction of an accessory structure by increasing the maximum permitted accessory total floor area from 60 square metres to 245 square metres and by increasing the maximum permitted accessory structure height from 4 metres to 5.75 metres. Public notification was conducted in accordance with the Planning Act which included signage being installed on the subject site and a mail out to all property owners within 60 metres of the subject site. Comments were received from external agencies and internal departments for this proposal. No comments were received in opposition to the application from members of the public. Staff recommend that the application be approved. Discussion: No members of the public spoke regarding this application. Minutes — September 26, 2024 Committee of Adjustment Meeting Page 8 The agent, A. Hom c/o Hom Drafting and Design Inc. spoke and provided an overview of the application. The agent stated that they read and agreed to the conditions of Staff's recommendation. Motion to approve A-2024-0038 as recommended by Gord Wallace, seconded by Wendy Partner. Time approved 7:02 P.M. Full text of Decision: That application A2024-0038, for a Minor Variance to Section 3.1.c. to facilitate the construction of an accessory structure by increasing the maximum permitted accessory total floor area from 60 square metres to 245 square metres and by increasing the maximum permitted accessory structure height from 4 metres to 5.75 metres, be approved as it maintains the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 84-63, desirable for the appropriate development or use of the land and minor in nature. 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-2024-0038 on September 26, 2024. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble r� Shelley Pohjola Todd Taylor Gord Wallace Brad Whittle e "Carried" 7.4 File: A-2024-0039 Agent: Bobbi Ann Brooks Owner: Perry Jackman Staff: Akibul Hoque Address: 7806 Old Scugog Road, Enniskillen Minutes — September 26, 2024 Page 10 Committee of Adjustment Meeting Application: The fourth application before the Committee this evening is File A2024-0039 for 7806 Old Scugog. This application proposes to facilitate the construction of a single detached dwelling by decreasing the minimum interior side yard setback from 5 metres to 2.2 metres, by increasing the maximum lot coverage from 15% to 25% and by increasing the maximum projected attached garage height from 3 metres to 4.5 metres. Public notification was conducted in accordance with the Planning Act which included signage being installed on the subject site and a mail out to all property owners within 60 metres of the subject site. Comments were received from external agencies and internal departments for this proposal. 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 of the report. Discussion: No members of the public spoke regarding this application. The agent, B. Brooks, spoke and provided an overview of the application. The agent states that they read and agreed to the conditions of Staff's recommendation. Motion to approve A-2024-0039 as recommended by Shelly Pohjola, seconded by Brad Whittle. Time approved 7:08 P.M. Full text of Decision: That application A2024-0039, for a Minor Variance to Section 8.3.1. b., Section 8.3.1.c. and Section 4.2.2 by facilitating the construction of a single detached dwelling by decreasing the minimum interior side yard setback from 5 metres to 2.2 metres, by increasing the maximum lot coverage from 15% to 25% and by increasing the maximum projected attached garage height from 3 metres to 4.5 metres, be approved as it maintains the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 2005-109, desirable for the appropriate development or use of the land and minor in nature, subject to the following condition. 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-2024-0039 on September 26, 2024. Minutes — September 26, 2024 Committee of Adjustment Meeting Page 10 Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola. Todd Taylor Gord Wallace Brad Whittle "Carried" 8. Adoption of Minutes of Previous Meeting, August 29, 2024 Chair Todd Taylor asked for a motion from the Committee. Motion to adopt minutes from August 29, 2024, Committee of Adjustment Meeting was moved by Dave Eastman, seconded by Noel Gamble. Time approved: 7:09 P.M. "That the minutes of the Committee of Adjustment, held on August 29, 2024, be approved." "Carried" 9. Other Business J. Circo: Would like to revisit a question from the previous meeting regarding the consolidation of consent applications. Specifically, can we consolidate consent applications into a single motion? Additionally, when a consent application includes a minor variance, should that require a separate vote? I propose that for future meetings involving both consent applications and minor variances, the agenda be structured to place the minor variance application at the top as a combined hearing. This way, we can address public comments for both the minor variance and the land division simultaneously. After the public hearing for these items concludes, we would proceed with two motions: one consolidated motion for the consent application and another for the minor variance. N. Gamble: Would like clarification on if we can keep the Consent applications and Minor Variance application status quo but combine to approve motion on multiple applications regarding the same address? Minutes — September 26, 2024 Committee of Adjustment Meeting Page 11 S. Parish: States that this is correct. You will be able to approve or deny all Consent and Minor Variance Application that are combined and have multiple applications for the same application approved / denied in one motion, rather than motioning multiple applications for the same Consent and / or Minor Variance address. Note: No motion was voted on during the Committee of Adjustment meeting on September 26, 2024; it was solely a discussion among Committee Members and Staff. At the upcoming meeting on October 30, 2024, Staff will present a formal motion to the Committee of Adjustment to officially approve this change regarding future motions. D. Eastman: Expressed a preference for all information related to next month's meeting to be held until the current meeting concludes, ensuring everything is centralized. Additionally, he requested that a single email be sent to inform Committee Members that updates have been added to the Members' OneDrive link by one individual. S. Parish: Staff are working to improve communication with the Committee and will ensure that starting in November nothing is sent until after the October 24t" meeting (for November's meeting) and that it is sent in a centralized location accessible by all members. 10. Adjournment Last Date of Appeal for tonight's consent application: 20 days from the date of the notice of the decision being released Last Date of Appeal for tonight's minor variance applications: October 16, 2024 Next Meeting: October 24, 2024. Chair Todd Taylor asked for a motion from the Committee. Motion to adjourn the meeting was moved by Noel Gamble, seconded by Dave Eastman. "That the September 26, 2024, Committee of Adjustment be adjourned. Time is 7:22pm" "Carried"