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HomeMy WebLinkAbout2024-06-05Clarftwn This information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Property Standards Committee Minutes Minutes June 5t", 2024, 6:00 p.m. 40 Temperance Street, Bowmanville Date: June 5th, 2024 Time: 6.00 p.m. Place: Clarington Council Chambers Present: Heather May Conners, Appellant and guest of appellant Alyssa Battle. Committee members: Dave Eastman, Marvin Whidden, Wendy Partner, Shelley Pohjola. Staff Present: Natalie King, Paula DiRienzo, Joanne Wiseman, Officer David Williams, Kristina Bergeron. 1. Call to Order Dave Eastman, called the meeting to order at 6:06 p.m. 2. Land Acknowledgement Statement Joanne Wiseman led the meeting in the Land Acknowledgement Statement. 3. Declaration of Interest None 4. Appeal Number PSA 2024-04-2024-01258 a. 125 Trudeau Drive, Bowmanville, PIN 266290042 — File number MCMP- 2024-01258. Joanne Wiseman, Secretary, identified the Appeal. Chair, Dave Eastman, called Heather Conners to the podium on grounds of the appeal for a time extension and to keep the drawings on the building. Appellant, Heather May Conners, responded, they require more time to clean up the property. Clarington Property Standards Appeal June 5th, 2024 Chair, Dave Eastman, asked Officer Williams if there were preliminary issues the Committee should be aware of. Grounds for appeal Officer Williams discussed the waste and debris. The municipality would not be opposed to a 30-day extension to remove debris from the property allowing an extension to July 7t", 2024. The appellant Heather May Conners has requested 30-day extension for the property to be resodded. The municipality would require the entire backyard and side yard to be resodded. If the committee agrees, the municipality will grant an extension to July 7t" 2024, and would show leniency if the grass were resodded incrementally due to presence of pets. Officer Williams references the front of the garage door and the gate on the fence; stating the appellant constitutes the painting as an art mural; the municipality feels it is graffiti. Comparing picture 2 to picture 26 for the garage door, the detail on picture 26 is all that remains currently on the property. Comparing picture 6 and 7 for the fence gate, the tag signature at the bottom has been removed and the picture remains. Referencing the graffiti on the side of the shed; the shed has been dismantled and therefore the graffiti has been removed. Chair, Dave Eastman, addresses Heather Conners sating the 30-day extension for waste and debris to be cleaned up to the satisfaction of the municipality. The Appellant Heather Conners agrees. Heather Conners stated they feel it is not graffiti, that it is a mural. Shelley Pohjola asked, if there is a policy the municipality has for the placement of a mural or graffiti. Kristina Bergeron responded that the graffiti bylaw has provisions which provide an exception for art murals approved by the municipality and council. Shelley asked about the process for submitting to council for approval and if there have been any occasions for approval. Kristina responded, although not outlined in the bylaw, approval would be brought to council. There have not been any applications currently. Shelley and Officer Williams discussed if murals are prominent from a visual perspective from the street. The murals are out of character in residential areas most are in commercial type areas. Officer Williams stated the "tag" the bottom of the painting is indicative of graffiti. Clarington Property Standards Appeal June 5th, 2024 Shelley asked if there were any other residential areas with depictions of similar paintings. Officer Williams responded they are unaware of any instances. Wendy Partner asked if the officer or department has checked other municipalities for this type of mural with a "tag" on residential property. Officer Williams responded that the municipality received multiple complaints which expressed the impact of the condition of the subject property on their properties. Victim impact statements were discussed, none were submitted. Wendy and Officer Williams discussed that the complaint concerns were for both the condition or the property and the graffiti paintings. Marvin Whidden and the appellant Heather Connors discussed who painted the "tag" on the gate. The guest Alyssa Battle and Heather Connors confirmed it was the person who painted the pictures, and that is their signature. Chair, Dave Eastman asked the appellant if they would agree to removing the tag. Guest Alyssa Battle responded that the person is a graffiti artist, and they will remove the "tag" if necessary. Kristina Bergeron discussed Property Standards Bylaw 2.19 outlining the provisions for fences and other structures that the requirements the paint to be uniform in colour. Shelley and Officer Williams discussed that the garage is more noticeable than the fence gate. Shelley suggested flipping fence gate to face the back of the property, so it is not noticeable from road. Chair, Dave Eastman and Officer Williams discussed the changes made to the paintings now resemble more of an art mural than it did previously. The Bylaw states if it is graffiti it cannot remain. Chair, Dave Eastman and Heather Connors discussed that the paintings were added to the property while Heather was not living at the subject address. Heather agreed that they would remove them if the decision was made to do so. Recess Moved by Marvin Whidden, seconded by Shelley Pohjola. That the Committee recess to consider the decision at 6:31 p.m. Carried The meeting was called back to order at 7.27 p.m. Clarington Property Standards Appeal June 5th, 2024 The Committee presented the following decision: The Committee modifies the order issued on April 22, 2024, as follows, Schedule "A" Section 2.02-2.06 page 1 and 2, Grant Extension to July 7th, 2024, for full compliance as per the joint submission. Schedule "A" Section 3.16 Page 3, modify the order to allow the image on the gate to remain, subject to the gate being reversed to face the inside of the property, with an extension for compliance date of July 7th, 2024. Heather Conners was advised that if they were unsatisfied with the Committee's decision they have (14) days to appeal the decision of the Committee to the Superior Court located at 150 Bond Street East, Oshawa. The Secretary hands out a copy of the committee's decision to all parties and will provide and email copy to Heather Conners. 5. Adoption of Minutes Moved by Shelley Pohjola, seconded by Marven Whidden. That the minutes of the meeting of January 31st, 2024, be approved. Carried 6. Property Standard Procedure Chair, Dave Eastman opened the discussion to adopt the Property Standards Committee Rules of Procedure. Shelley Pohjola suggested they allow all six members to be present for Property Standards Appeals for quorum. Everyone agreed to the adoption of changed everyone votes. Building code bylaw cannot be fewer than 3. Tie vote: motion is lost. Order of officer is confirmed. Motion by Wendy Partner, seconded by Marvin Whidden. Carried 7. Adjournment Moved by Wendy Partner, seconded by Marvin Whidden. That the meeting adjourned at 7.40 p.m. Carried