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HomeMy WebLinkAbout2024-10-24Clarington Minutes and Decisions of the Committee of Adjustment Corporation of the Municipality of Clarington Thursday October 24, 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: Cindy Hammer Sarah Parish Tyler Robichaud Nick Gibson Shrija Vora Todd Taylor Wendy Partner Dave Eastman Noel Gamble Gord Wallace Shelley Pohjola Brad Whittle Absent with Regrets Call to Order Meeting Host Secretary -Treasurer Acting Secretary -Treasurer Acting Secretary -Treasurer Staff Member 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 B2024-0032 — Gord Wallace Minutes — October 24t", 2024 Committee of Adjustment Meeting Page 3 4. Consent Applications: 4.1 File Number: B-2024-0030 Owner/Agent: Taylor MacDonald -Plummer (Clark Consulting Services) Staff: Tyler Robichaud Address: 4854 Concession Road 5 Application: The purpose of the application is to facilitate the creation of a 0.323-hectare surplus dwelling lot, retaining a 38.567-hectare farm parcel as the result of the acquisition of a non -abutting farm. (X- Ref ROPA-2023-0002). Public notification was conducted in accordance with the Planning Act which included signage being installed on the subject site and a mail out to all property owners within 60 metres of the subject site. No comments were received in opposition to the application from external agencies or internal departments. No comments were received in opposition to the application from members of the public. Staff recommend that the application be approved, subject to the conditions noted in the staff report; save and except for condition number 8 requiring a payment to the Municipality for cash in lieu of parkland. Discussion: No members of the public spoke to the application. The 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-2024-0030 as recommended by Brad Whittle, seconded by Dave Eastman. Time approved - 6:44 p.m. Full text of Decision: That application B-2024-0030 to facilitate the creation of a 0.323-hectare surplus dwelling lot, retaining a 38.567-hectare farm parcel as the result of the acquisition of a non -abutting farm be approved, subject to the conditions noted in the staff report; save and except for condition number 8 requiring a payment to the Municipality for cash in lieu of parkland. Conditions of Approval: Section 1: General 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 October 8th, 2024. 2. 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. Minutes — October 24t", 2024 Committee of Adjustment Meeting Page 4 3. The owner, applicant or agent must submit a draft Reference Plan which will be reviewed by the Planning and Infrastructure Department to ensure compliance with all applicable zoning provisions and to be approved by the Municipal Staff prior to registration. Registration of the draft Reference Plan shall be completed 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. 4. The owner, applicant or agent must enter into a consent agreement with the Municipality of Clarington. 5. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance of a clearance letter. 6. Once all other conditions have been satisfied, the applicant shall engage their solicitor to provide the Municipality with: a. The original executed transfer/deed a duplicate original and one (1) photocopy; b. One copy of the registered reference plan; C. An accompanying letter with a request that the severing transfer/deed be stamped. Section 2: Planning Requirements 7. Agent/owner is required to submit an Official Plan Amendment and Zoning By-law Amendment application. The OPA will seek to amend the Official Plan policy 13.3.9 a) and the re -zoning will address policy 13.3.9 e) regarding the retained farm parcel to prohibit future residential uses, and to address any existing built form zoning deficiencies. In order to clear this condition, the Official Plan Amendment and Zoning By-law Amendment applications are to be approved and final and binding from Municipal Council. 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 — October 24t", 2024 Committee of Adjustment Meeting Page 5 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-2024-0030 on October 24t', 2024. Committee Member Yes No Wendy Partner Dave Eastman } Noel Gamble Shelley Pohjola P Todd Taylor U Gord Wallace Brad Whittle "Carried" 4.2 File Number: B-2024-0031 Owner/Agent: Shahid Khan (Muslim Welfare Centre of Toronto) Staff: Shrija Vora Address: 1508-1603 Highwav 2 Application: The purpose of the application is to facilitate the creation of lots for development of long- term care facility on the retained lands and a senior's apartment on the severed lands. As proposed, the severed parcel will have a frontage of 50 metres, an average depth of 100.95 metres, and an area of 6,174 square metres. The retained parcel will have a frontage of 106.54 metres, an average depth of 100.95 metres and an area of 11,476 square metres. Bothe the retained and the severed parcel will be under same ownership. 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. 3. No comments were received in opposition to the application from external agencies or internal departments. 4. No comments were received in opposition to the application from members of the public; 5. Staff recommend that the application B2024-0031 be approved, subject to the conditions within the staff report. As the proposed development is currently undergoing a Site Plan Application with the Municipality, any additional conditions can be addressed through the Site Plan process. Minutes — October 24t", 2024 Page 6 Committee of Adjustment Meeting 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 A-2024-0031 as recommended by insert Dave Eastman, and seconded Gord Wallace. Time approved - 6:54 p.m. Full text of Decision: Staff recommend that application B-2024-0031 seeking consent to facilitate the creation of lots for development of long-term care facility on the retained lands (parts 10, 13, 16, 18 and 20 of the draft reference plan), and a senior's apartment on the severed lands (parts 3,6,7 and 19 on the draft reference plan). And as proposed, the severed and retained parcels will be 6,174 square meter and 11,476 square meter in area respectively, be approved subject to the conditions herein. Conditions of Approval: 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 October 8th, 2024. 3. That the applicant satisfies all the requirements of the Regional Works Department, financial and otherwise as detailed in the Regional Works letter. This is to be confirmed by obtaining a clearance letter from the Region's Works Department and submitted to the Municipality 4. That the applicant satisfies all the requirements of the Regional Planning and Economic Development Department, financial and otherwise as detailed in the Regional Planning letter. This is to be confirmed by obtaining a clearance letter from the Region's Planning and Economic Development Department and submitted to the Municipality. 5. If applicable, the applicant is required to obtain an entrance permit from the Region of Durham for an additional entrance off Highway 2 to accommodate the creation of a new lot. 6. The owner, applicant or agent must submit a draft Reference Plan which will be reviewed by the Planning and Infrastructure Department to ensure compliance with all applicable zoning provisions and to be approved by the Municipal Staff prior to registration. Registration of the draft Reference Plan shall be completed 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. Minutes — October 24t", 2024 Page 6 Committee of Adjustment Meeting 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. Section 2: Planning 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. 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. Section 3: Land Transfers 11. The applicant shall transfer to the Regional Municipality of Durham, for nominal consideration, free and clear of encumbrances and restrictions, the 9.39 meter road widening as shown on Figure 2. 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 — October 24t", 2024 Committee of Adjustment Meeting Page 7 The matter was then put to a vote and was carried out as follows, signed by all members present and concurring that this is the Committee Decision on B2024-0031 on October 24t" 2024 Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola Todd Taylor �L Gord Wallace Brad Whittle "Carried" 4.3 File Number: B-2024-0032 Owner/Agent: Jim Wallace/Hyangsook Chang Staff: Shrija Vora Address: 240 King Street Application: Application 1. The purpose of the application is to seek consent to register an easement agreement between 240 and 222 King Street East to include easement rights for access, development, and servicing from 240 King Street East (260 Sq.m) to 222 King Street East. 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. 3. No comments were received in opposition to the application from external agencies or internal departments. 4. No comments were received in opposition to the application from members of the public; 5. Staff recommend that the application be (approved, subject to the conditions within the staff report) Minutes — October 24t", 2024 Committee of Adjustment Meeting 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 B2024-0032 as recommended by Brad Whittle, Committee Member, and seconded by Dave Eastman. Time approved - 6:59 p.m. Full text of Decision: Page 9 That application B-2024-0032 seeking consent to register an easement agreement (Part 1 of the draft reference plan) to include easement rights for access, development, and servicing from 240 King Street East across to 260 King Street East be approved subject to the conditions herein. Conditions of Approval: Section 1: General 1. 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 Regional Works Department, financial and otherwise as detailed in the Regional Works letter. This is to be confirmed by obtaining a clearance letter from the Region's Works Department and submitted to the Municipality 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 letter. This is to be confirmed by obtaining a clearance letter from the Region's Planning and Economic Development Department and submitted to the Municipality. 4. The owner, applicant or agent must submit a draft Reference Plan which will be reviewed by the Planning and Infrastructure Department to ensure compliance with all applicable zoning provisions and to be approved by the Municipal Staff prior to registration. Registration of the draft Reference Plan shall be completed by the owner, applicant, or agent's surveyor at the expense of the owner/applicant or agent and shall be completed prior to the registration of the consent agreement. 5. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance of a clearance letter. 6. Once all other conditions have been satisfied, the applicant shall engage their solicitor to provide the Municipality with: a. The original executed transfer/deed a duplicate original and one (1) photocopy; b. One copy of the registered reference plan; c. An accompanying letter with a request that the severing transfer/deed be stamped. Minutes — October 24th, 2024 Page 9 Committee of Adjustment Meeting Section 2: Planning 7. That the applicant shall ensure any new easement/right-of-way complies with all appliable provisions of Zoning By-law 84-63. 8. Provide the necessary Record of Site Condition in a satisfactory matter to the Municipality of Clarington and Regional Municipality of Durham. 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 B2024-0033 on October 24cn 2024. Committee Member Yes No Wendy Partner 1_ Dave Eastman Noel Gamble .� Shelley Pohjola P- Todd Taylor Gord Wallace *No vote due to pecuniary interest Brad Whittle "Carried" Minutes — October 24t", 2024 Page 9 Committee of Adjustment Meeting 4.4 File Number: B-2024-0033 Owner/Agent: Ralph F Grander (H.F Grander Co) Staff: Tyler Robichaud Address: 251 Baseline Roade E Application: The purpose of the application is to facilitate a lot line adjustment by adding 2,417 square metres (Part 3 on the draft reference plan) from 251 Baseline Road East to the benefitting lands located at 21 Caristrap Street. The benefitting lands' total lot area will increase from 4,140 square metres to 6,557 square metres and the retained lands will be reduced from 11,055 to 8,150 square metres (Part 2 on the draft reference plan). A 488 square metre road widening is shown on the draft reference plan and is to be conveyed to the Municipality from the retained lands. 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. 3. No comments were received in opposition to the application from external agencies or internal departments. 4. No comments were received in opposition to the application from members of the public. 5. Staff recommend that the application be approved subject to the conditions noted in the staff report. Discussion: No members of the public spoke to the application. The applicant confirmed they have read and agree with the Staff Report. Chair T. Taylor asked for a motion from the Committee. Motion to approve B2024-0033 as recommended by Noel Gamble, seconded by Brad Whittle. Time approved - 7:04 p.m. Full text of Decision: That B-2024-0033; seeking consent to facilitate a lot line adjustment by adding 2,417 square metres (Part 3 on the draft reference plan) from 251 Baseline Road East to the benefitting lands located at 21 Caristrap Street be approved subject to the conditions noted in the staff report. Conditions of Approval: Section 1: General 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 October 8t", 2024. Minutes — October 24th, 2024 Page 9 Committee of Adjustment Meeting 2. That the applicant satisfies all the requirements of the Regional Works Department, financial and otherwise as detailed in the Regional Works letter. This is to be confirmed by obtaining a clearance letter from the Region's Works Department and submitted to the Municipality 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 letter. This is to be confirmed by obtaining a clearance letter from the Region's Planning and Economic Development Department and submitted to the Municipality. 4. The owner, applicant or agent must submit a draft Reference Plan which will be reviewed by the Planning and Infrastructure Department to ensure compliance with all applicable zoning provisions and to be approved by the Municipal Staff prior to registration. Registration of the draft Reference Plan shall be completed 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 8. The Owner of 21 Caristrap street is required to submit an application to amend the existing site plan (SPA2005-0025) to permit the use of the conveyed lands. This application will require authorization from the owners of 251 Baseline Road East. In order to clear this condition, the site plan amendment application is to be conditionally approved. 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 — October 24t", 2024 Committee of Adjustment Meeting Page 10 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 B2024-0033 on October 24t" 2024. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola- Todd Taylor � Gord Wallace Brad Whittle "Carried" 4.5 File Number: B-2024-0034 Owner/Agent: Kent Randall (EcoVue Consulting Services Inc.) Staff: Tyler Robichaud Address: 103 Libertv Street South Application: 1. The purpose of the application is to facilitate the creation of a new residential lot. As proposed, both the severed and retained parcels (Part 1 and 2 on the draft reference plan) will have 11.56 metres of lot frontage, an average depth of 50.45 metres, and a lot area of 581.09 square metres. The existing dwelling will be demolished. 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. 3. No comments were received in opposition to the application from external agencies or internal department. 4. No comments were received in opposition to the application from members of the public 5. Staff recommend that the application be approved subject to the conditions noted in the staff report. Minutes — October 24t", 2024 Page 14 Committee of Adjustment Meeting Discussion: No members of the public spoke to the application. The applicant confirmed they have read and agree with the Staff Report. Committee Member G. Wallace asked Staff to confirm if the Regional Works Department's condition of a 5-metre road widening would impact the recommendation. Acting Secretary -Treasurer T. Robichaud confirmed that the Region's condition to require a 5-metre road widening along the frontage of the retained and severed lands does not have any bearing on the recommendation in the Staff report. The applicant will be required to submit a revised draft reference plan showing the 5-metre road widening prior to depositing the draft reference plan to the Land Registry Office as per the conditions in the Staff report. Chair T. Taylor asked for a motion from the Committee. Motion to approve B2024-0034 as recommended by Gord Wallace, seconded by Noel Gamble. Time approved -7:22 p.m. Full text of Decision: That application B-2024-0034 to facilitate the creation of a new residential lot be approved subject to the conditions noted in the staff report. Conditions of Approval: Section 1: General 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 October 8t", 2024. 2. That the applicant satisfies all the requirements of the Regional Works Department, financial and otherwise as detailed in the Regional Works letter. This is to be confirmed by obtaining a clearance letter from the Region's Works Department and submitted to the Municipality. 3. That the applicant is required to obtain an entrance permit from the Region of Durham for an additional entrance off Liberty Street South to accommodate the creation of a new lot. 4. That the applicant satisfies all the requirements of the Regional Planning and Economic Development Department, financial and otherwise as detailed in the Regional Planning letter. This is to be confirmed by obtaining a clearance letter from the Region's Planning and Economic Development Department and submitted to the Municipality. 5. That the applicant s all the requirements of the Regional Works Department, financial and otherwise as detailed in the Regional Works letter. This is to be confirmed by obtaining a clearance letter from the Region's Works Department and submitted to the Municipality Minutes — October 24t", 2024 Page 14 Committee of Adjustment Meeting 6. The owner, applicant or agent must submit a draft Reference Plan which will be reviewed by the Planning and Infrastructure Department to ensure compliance with all applicable zoning provisions and to be approved by the Municipal Staff prior to registration. Registration of the draft Reference Plan shall be completed 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. The owner, applicant or agent must enter into a consent agreement with the Municipality of Clarington. 8. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance of a clearance letter. 9. Once all other conditions have been satisfied, the applicant shall engage their solicitor to provide the Municipality with: d. The original executed transfer/deed a duplicate original and one (1) photocopy; e. One copy of the registered reference plan; f. An accompanying letter with a request that the severing transfer/deed be stamped. Section 2: Planning Requirements 10. Agent/owner is required to submit a minor variance application to seek approval from the Committee of Adjustment for a reduction in the minimum required lot frontage as per Section 12.2.b) i). In order to clear this condition, the minor variance application is to be approved and become final and binding after a 20-day mandatory appeal period. 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. Minutes — October 24t", 2024 Committee of Adjustment Meeting Page 14 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 B2024-0034 on October 24t', 2024. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola~ Todd Taylor��, Gord Wallace Brad Whittle "Carried" 5. 5 Minute Recess (7:23 p.m.) 6. Declaration of Interest 7. Minor Variance Applications to be heard 7.1 File Number: A-2024-0029 Owner/Agent: Daniel Bourre / Colin Quinlan Staff: Nick Gibson Address: 2041 Nash Road Application: The purpose of the application is to facilitate the construction of a single detached dwelling by reducing the interior side yard setback from 2 metres to 1.94 metres. 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. 3. No comments were received in opposition to the application from external agencies, internal departments or from members of the public. Regional Works Department has no comments or conditions to be imposed upon the further processing of the minor variance application for 2041 Nash Road. Minutes — October 24t", 2024 Page 14 Committee of Adjustment Meeting 4. Staff recommends that application A2024-0029 be approved subject to the conditions in the Planning 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 A2024-0029 as recommended by Brad Whittle, seconded by Gord Wallace. Time approved - 7:35 p.m. Full text of Decision: That application A2024-0029 for a minor variance to section 7.2 c. iii) of Zoning By-law 84-63 to facilitate the construction of a single detached dwelling by reducing the interior side yard setback from 2 metres to 1.94 metres be approved as it maintains the general intent and purpose of the Clarington Official Plan and the Zoning By-law, is desirable for the appropriate development or use of the land and is 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 A2024-0029 on October 2611, 2024. Committee Member Yes No Wendy Partner 1 Dave Eastman Noel Gamble Shelley Pohjola �•' Todd Taylor Gord Wallace Brad Whittle "Carried" Minutes — October 24t", 2024 Page 14 Committee of Adjustment Meeting 7.2 File Number: A2024-0040 Owner/Agent: Jennifer Romani Lama / Chris Kubbinga Staff: Nick Gibson Address: 2036 RR# 3, Hampton Application: 1. The next application before the Committee is File A2024-0040 for 2036 Regional Road 3. 2. The purpose of the application is to facilitate the construction of a detached accessory structure by increasing the total accessory floor area from 90 square metres to 290 square metres, and to increase the maximum permitted height from 5 metres to 7.15 metres. 3. 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. 4. No comments were received in opposition to the application from external agencies, internal departments or from members of the public. Regional Works Department has no comments or conditions to be imposed upon the further processing of the minor variance application for 2036 Regional Rd 3. 5. Staff recommends that application A2024-0040 be approved subject to the conditions in the Planning 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 A2024-0040 as recommended by Dave Eastman, seconded by Noel Gamble. Time approved - 7:40 p.m. Full text of Decision: That application A2024-0040 for a minor variance to section 4.1.3 of Zoning By-law 2005-109 to facilitate the construction of a detached accessory structure by increasing the total accessory floor area from 90 square metres to 290 square metres, and to increase the maximum permitted height from 5 metres to 7.15 metres be approved as it maintains the general intent and purpose of the Clarington Official Plan and the Zoning By-law, is desirable for the appropriate development or use of the land and is minor in nature. Minutes — October 24t", 2024 Committee of Adjustment Meeting Page 14 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 A2024-0040 on October 2411, 2024. Committee Member Yes No Wendy Partner �r Dave Eastman} Noel Gamble ,. L Shelley Pohjola l°'•- Todd Taylor��, Gord Wallace Brad Whittle "Carried" F � M r-3 ki 7ITi �1 a4"A_d�I�Y�L IIIIIZI I E Owner/Agent: Wenda Rodd Staff: Nick Gibson Address: 4120 Concession Road #6 Application: The purpose of the application is to facilitate the construction of a single detached dwelling with an attached garage to permit an increase in the permitted garage size from 25% of the total floor area to 81 %; to increase the garage width of the facade from 55% to 70%; and to legalize the existing detached accessory structure by permitting an increase in total floor area for all accessory structures from 90 square meters to 340 square meters. 3. 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. 2. No comments were received in opposition to the application from external agencies, internal departments or from members of the public. Regional Works Department has no comments or conditions to be imposed upon the further processing of the minor variance application for 4120 Concession Road 6. 3. Staff recommends that application A2024-0041 be approved subject to the following condition in the Planning Report. Minutes — October 24t", 2024 Committee of Adjustment Meeting Page 15 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 A2024-0041 as recommended by Gord Wallace, seconded by Wendy Partner. Time approved - 7:45 p.m. Full text of Decision: That application A2024-0041 for a minor variance to sections 4.2.1, 4.2.4 and 4.1.3 of Zoning By-law 2005-109 to facilitate the construction of a single detached dwelling with an attached garage to permit an increase in the permitted garage size from 25% of the total floor area to 81 %; to increase the garage width of the facade from 55% to70%; and to legalize the existing detached accessory structure by permitting an increase in total floor area for all accessory structures from 90 square meters to 340 square metres be approved subject to the following condition: That the existing frame shed as shown on the site plan be removed at the time of receiving building occupancy approval for the proposed single detached dwelling as it maintains the general intent and purpose of the Clarington Official Plan and Zoning By-law, is desirable for the appropriate development or use of the land and is minor in nature. That all interested parties listed in this report be forwarded a copy of 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 on A2024-0041 on October 2411, 2024. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble rJ Shelley Pohjola.' Todd Taylor �L Gord Wallace Brad Whittle "Carried Minutes — October 24th, 2024 Page 16 Committee of Adjustment Meeting 7.4 File Number: A2024-0042 Owner/Agent: Eric Proulx Staff: Nick Gibson Address: 128 High Street Application: 1. The purpose of the application is to legalize the existing accessory structure by increasing the maximum lot coverage from 30% to 42%. 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. 3. No comments were received in opposition to the application from external agencies, internal departments or from members of the public. Regional Works Department has no comments or conditions to be imposed upon the further processing of the minor variance application for 128 High Street. 4. Staff recommends that application A2024-0042 be approved subject to the conditions in the Planning Report. Discussion: No members of the public spoke to the application. Applicant confirmed they have read and agree with the Staff Report. The Committee asked the applicant if he agrees to install an eavestrough on to the existing accessory structure. The applicant agreed to have the condition to add the eavestrough. Chair T. Taylor asked for a motion from the Committee. Motion to approve the condition "That the applicant installs an eavestrough on the existing accessory structure prior to the Building Department granting final occupancy for building permit file number BLDG-2024-0123." Motion to approve A2024-0042 as recommended by Gord Wallace, seconded by Brad Whittle. Time approved - 7:55 p.m. Full text of Decision: That application A2024-0042 for a minor variance to section 12.2.1 c. i) c) of Zoning By-law 84-63 to legalize the existing accessory structure by increasing the maximum lot coverage from 30% to 42% be approved as it maintains the general intent and purpose of the Clarington Official Plan and Zoning By-law, is desirable for the appropriate development or use of the land and is minor in nature. That all interested parties listed in this report be forwarded a copy of 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 on A2024-0042 on October 24th, 2024. Minutes — October 24t", 2024 Page 17 Committee of Adjustment Meeting Committee Member Yes No Wendy Partner 4�7 Dave Eastman Noel Gamble Shelley Pohjola.' Todd Taylor��, Gord Wallace Brad Whittle "Carried 7.5 File Number: A2024-0043 and A2024-0044 Owner/Agent: Kent Randall (EcoVue Consulting Services Inc) Staff: Nick Gibson Address: 103 Liberty Street South — Severed/Retained Application: 1. The purpose of the application is to reduce the minimum lot frontage from 15 metres to 11.56 metres on the severed and retained lot in the associated consent application (B- 2024-0034). 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. 3. No comments were received in opposition to the application from external agencies, internal departments or from members of the public. Regional Works Department has no comments or conditions to be imposed upon the further processing of the minor variance application for 103 Liberty Street South. 4. Staff recommends that applications A2024-0043 and A2024-0044 be approved subject to the conditions in the Planning 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 A2024-0043 and A2024-0044 as recommended by Shelley Pojohola, seconded Wendy Partner. Time approved 8:00 p.m. Minutes — October 24t", 2024 Committee of Adjustment Meeting Page 18 Full text of Decision: That Applications A2024-0043 and A2024-0044 for a minor variance to section 12.2b.i) of Zoning By-law 84-63 to reduce the minimum lot frontage from 15 metres to11.56 metres on the severed and retained lots in the associated consent application(B-2024-0034) be approved as it maintains the general intent and purpose of the Clarington Official Plan and the Zoning By-law, is desirable for the appropriate development or use of the land and is minor in nature. That all interested parties listed in this report be forwarded a copy of 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 on A2024-0043 and A2024-0044 on October 24t", 2024. Committee Member Yes No Wendy Partner Dave Eastman} Noel Gamble Shelley Pohjola~ Todd Taylor �L Gord Wallace Brad Whittle "Carried 7.6 File Number: A2024-0045 Owner/Agent: Bob Brown Staff: Nick Gibson Address: 2555 Boundary Road Application: The purpose of the application is to facilitate the construction of a detached accessory structure by increasing the total accessory floor area from 120 square metres to 230 square metres, and to increase the maximum permitted height from 4.5 metres to 6.45 metres. 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. 3. No comments were received in opposition to the application from external agencies, internal departments or from members of the public. Minutes — October 24t", 2024 Committee of Adjustment Meeting Page 19 Regional Works Department has no comments or conditions to be imposed upon the further processing of the minor variance application for 2555 Boundary Road. 4. Staff recommends that application A2024-0045 be approved subject to the conditions in the Planning 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 A2024-0045 as recommended by insert Committee Member, seconded by insert Committee Member. Time approved - 8:06 p.m. Full text of Decision: That application A2024-0045 for a minor variance to section 4.1.3 of Zoning By-law 84-63 to facilitate the construction of a detached accessory structure by increasing the total accessory floor area from 120 square metres to 230 square metres, and to increase the maximum permitted height from 4.5 metres to 6.45 metres be approved as it meets the general intent and purpose of the Clarington Official Plan and the Zoning By-law, is desirable for the appropriate development or use of the land and is minor in nature. That all interested parties listed in this report be forwarded a copy of 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 on A2024-0045 on October 24t", 2024. Committee Member Yes No Wendy Partner IkJ _ Dave Eastman Noel Gamble .� Shelley Pohjola- Todd Taylor LJ Gord Wallace Brad Whittle , "Carried Minutes — October 24t", 2024 Page 20 Committee of Adjustment Meeting 7.7 File Number: A-2024-0046 Owner/Agent: Connie Ronds / Ken Beitz Staff: Nick Gibson Address: 6 Vetzal Court Application: 1. The purpose of the application is to legalize the existing accessory structure to encroach into the interior side yard setback from 0.6 metres to 0.36 metres. 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. 3. There were comments that Staff received in opposition to the application from members of the public. The concerns were as follows: • Grading and drainage issues and • Fire and safety concerns with regards to the BBQ Shelter 4. Staff recommends that application A2024-0046 for 6 Vetzal Court be tabled for a period of up to 60 days to allow for further discussions between the applicant and Staff to acquire more information from the applicant to gain a better understanding of the accessory structures and buildings that were not identified on the site plan, and to confirm if there's any additional variances for this application. The purpose of the application is to legalize the existing accessory structure to encroach into the interior side yard setback from 0.6 metres to 0.36 metres. 5. Public notification was conducted in accordance with the Planning Act which included signage being installed on the subject site and a mail out to all property owners within 60 metres of the subject site. 6. There were comments that Staff received in opposition to the application from members of the public. The concerns were as follows: • Grading and drainage issues and • Fire and safety concerns with regards to the BBQ Shelter 7. Staff recommends that application A2024-0046 for 6 Vetzal Court be tabled for a period of up to 60 days to allow for further discussions between the applicant and Staff to acquire more information from the applicant to gain a better understanding of the accessory structures and buildings that were not identified on the site plan, and to confirm if there's any additional variances for this application. Discussion: June Barr — 32 Page Place — asked to clarify that this application will be reviewed in 60 days. Nick Gibson — Confirmed yes it will be, after the 60 day tabling period has ended. June Barr — Indicated she lives behind this address and is concerned about the drainage issues, as they already see issues with all the rain we have had this summer. Would like to know if someone will be following up with them regarding the review? Nick Gibson — The process is that once the total floor area of all the accessory structures on this property has been reviewed, along with the heights, Planning will determine if any other variances apply. The applicant did not show all the buildings on the submitted Site Plan, the Minor Variance application form. Minutes — October 24t", 2024 Committee of Adjustment Meeting Page 22 This is the reason this application is tabled. For the application as submitted, there were no concerns from the Emergency Services Department regarding safety concerns pertaining to the BBQ shelter. When this application moves forward, Mrs. Barr is welcome to come back to the Committee of Adjustment, and as an interested party she will be notified. Ken Beitz — Concerned with the complaints from the neighbors. He does not understand the tabling as he did not change any grading. Applicant confirmed they have read and agree with the Staff Report. Chair Todd — asking Nick to respond to the Applicant to clear up any confusion with this application and summarize the tabling. Nick Gibson — Explained the need for the total floor area of all accessory structures. Need those numbers to establish if any additional variances will be required. The application being heard pertains to the variance for the encroachment into the interior side yard setback for the BBQ shelter, it does not account for any other accessory structures on the property, as they were not listed on the application or site plan, and therefore there may be additional variances. Brad Whittle — How many structures are there, and where are they? Ken Beitz — There are 2 structures. A shed at the back which is 10' x 16' OD (outside dimensions), it has a sloped roof. Nick Gibson — there are 2 additional structures. We have heard from a Neighbour who has concerns who was not in attendance at tonight's meeting. He is concerned about the height of the accessory structure at the back of the property. From the picture it does look like it is double the height of the existing fence. A further analysis is required with another Site visit and calculate the height and floor area. Dave Eastman — To clarify the structures we are talking about; would they have required a building permit? (Wendy Partner's question also) Nick Gibson — If the structures are under 15 sq m they do not require a permit, if they are over 15 sq m they would require a permit. Dave Eastman - And for these structures we don't have the exact measurements at this point. Nick Gibson — That is correct. Ken Beitz - Would like to add that the By -Law officer was out in the middle of July and measured the building out back — it was 10' x 16' — 160 sq feet, and he measured the height which was a foot and half under on the height allowance according to the By-law officer. I just want to provide that information in case it helps. Sarah Parish — to confirm you had a By-law officer that came out and did measure the height and the setbacks? Ken Beitz — that is correct. Gord Wallace — I do not believe that By-law can measure the setbacks. Sarah Parish — By-law often goes out and measures setbacks, but the issue today is that it wasn't shown on the site plan. So Planning will need it to be shown with the setbacks. We need that information to make a decision. Minutes — October 24t", 2024 Committee of Adjustment Meeting Page 22 Gord Wallace — By-law Officers are not Surveyors. They cannot determine the property lines and therefore they cannot determine the setbacks. Motion to table A2024-0046 as recommended by Dave Eastman, seconded by Gord Wallace. Time approved - 8:22 p.m. Full text of Decision: That application A2024-0046 for a minor variance to section 3.1 c) of Zoning By-law 84-63 to legalize the existing accessory structure to encroach into the interior side yard setback from 0.6 metres to 0.36 metres be tabled for a period of up to 60 days to allow for further discussions between the applicant and staff to acquire more information from the applicant to gain a better understanding of the accessory structures and buildings that were not identified on the materials that were submitted, and to confirm if there are any additional variances required for this application. That all interested parties listed in this report be forwarded a copy of 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 on A2024-0046 on October 24t". 2024. Committee Member Yes No Wendy Partner l Dave Eastman Noel Gamble Shelley Pohjola.' Todd Taylor, Gord Wallace Brad Whittle "Carried Minutes — October 24t", 2024 Page 22 Committee of Adjustment Meeting 8. Other Business Procedural Motion — carried from September 26t", 2024 Meeting Vote on — Committees ability to approve or deny applications which have multiple Consent/Minor Variance applications that pertain to the same address in one motion, rather than voting separately for each. Chair Todd Taylor asked for a motion from the Committee. Motion to approve by Dave Eastman, seconded by Noel Gamble. The matter was unanimous vote of approval. "Carried" 9. Adoption of Minutes of Previous Committee of Adjustment Meeting Chair Todd Taylor asked for a motion from the Committee. Motion to adopt minutes from September 26t", 2024 Committee of Adjustment Meeting was moved by Dave Eastman, seconded by Noel Gamble "That the minutes of the Committee of Adjustment, held on September 26t", 2024, be approved. Time is 8:26 p.m. "Carried" 8. Adjournment Last Date of Appeal for tonight's consent application: November 21st, 2024 Last Date of Appeal for tonight's Minor Variance Applications: November 131", 2024 Next Meeting: November 28t", 2024 Chair Todd Taylor asked for a motion to adjourn from the Committee. Motion to adjourn the meeting was moved by Noel Gamble, seconded by Dave Eastman. "That the October 24t", 2024 Committee of Adjustment be adjourned. Time is 8:27 p.m." "Carried"