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HomeMy WebLinkAbout2025-06-26 Minutes and Decisions of the Committee of Adjustment Corporation of the Municipality of Clarington As per: The Planning Act, and in accordance with the Provincial Rules of Procedure Thursday, June 26, 2025 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: Sarah Parish Secretary-Treasurer Ainsley Johnston Acting Secretary-Treasurer Nicklaus Gibson Acting Secretary-Treasurer Hebah Masood Acting Secretary-Treasurer Shrija Vora Acting Secretary-Treasurer Todd Taylor Chair Wendy Partner Member Dave Eastman Member Gord Wallace Member Shelley Pohjola Member Brad Whittle Member Absent with Regrets: Noel Gamble 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 Interest for Consent Applications “None” Minutes – June 26, 2025 Page 2 Committee of Adjustment Meeting 4. Consent Applications: 4.1 File Number: B-2025-0015 Owner/Agent: Rodney Tutak and Janel Tutak Staff: Shrija Vora Address: 196 Mill St S, Orono Application: 1. The consent application before the Committee this evening is File (B-2025-0015) for (196 Mill Street South, Newcastle). 2. The purpose of the application is to seek consent to facilitate creation of a new residential lot. As proposed, the retained and severed (Part 1 and Part 2 on draft reference plan) lot will have an average frontage of 22.45 metres and 18.03 metres, an average depth of 39.5 metres and 39.2 metres and an average lot area of approximately 891.8 Square metres and 724.8 Square metres respectively. 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 or internal departments. 5. Staff received one phone inquiry and one email inquiry from members of the public following the finalization of the staff report. The phone caller expressed concerns regarding the proposed additional driveway off Mill Street and existing traffic issues in the area. Staff confirmed that, as Mill Street is a Regional road, the application was circulated to the Region of Durham. The Region did not identify any concerns or request a traffic study, nor did they raise any objections regarding the proposed additional access for the severed lot, should the consent application be approved. The concerns raised by email relate to the existing fence between the subject property and the adjacent property to the south. Due to the presence of trees located directly along the property line, the fence was constructed approximately 5 feet within the 196 Mill Street property. The neighbouring property owner has expressed concern that the proposed severance may result in the fence being relocated to the actual property line, which could impact their privacy and result in a loss of tree canopy. 6. Staff recommend that the application be approved, subject to the conditions within the staff report. Discussion: One member of the public spoke regarding this application. His concern was with the approval of this consent application; the owner will have to cut down the trees to the south property line. Staff can confirm that the cutting of trees is not conditioned for approval, and it is at the owner's discretion to do so. Minutes – June 26, 2025 Page 3 Committee of Adjustment Meeting The owners/applicants, Rodney and Janel Tutak, spoke and provided an overview of their application. They confirmed that they have reviewed and are in agreement with the conditions outlined in staff’s recommendation. Following the presentation, members of the Committee raised several questions and concerns. Dave Eastman inquired whether the Region had any concerns regarding the proposed driveway's proximity to the intersection at the time of consent approval. Staff confirmed that the Region did not express any concerns and did not require a traffic study. The remaining comments from Committee members primarily related to parking, the preservation of existing trees, and the proposed driveway for the severed lot. Staff clarified that the current owners will be required to apply for an access permit for the new lot, at which time Regional staff will review and ensure appropriate setbacks from the intersection are maintained Motion to approve B-2025-0015 as recommended by Brad Whittle, seconded by Shelley Pohjola. Time approved 6:52pm. Full text of Decision: Seeking consent to facilitate the creation of a new residential lot. As proposed, the retained and severed (Part 1 and Part 2 on draft reference plan) lot will have an average frontage of 22.45 metres and 18.03 metres, an average depth of 39.5 metres and 39.2 metres and an average lot area of approximately 891.8 Square metres and 724.8 Square metres respectively. Conditions of Approval: 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 dated May 29, 2025. 2. That the applicant satisfies all the requirements of the Regional Works Department, financial and otherwise as detailed in the Regional Works letter dated June 5, 2025. 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 Mill Street South to accommodate the creation of a new lot. 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. Minutes – June 26, 2025 Page 4 Committee of Adjustment Meeting 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 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 to the satisfaction of the Deputy CAO of Planning and Infrastructure Services. 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 for 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 B-2025-0015 on June 26, 2025. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Absent Minutes – June 26, 2025 Page 5 Committee of Adjustment Meeting Shelley Pohjola Todd Taylor Gord Wallace Brad Whittle “Carried” 5. Declaration of Interest for Minor Variance Applications 6. Minor Variance Applications 7.1 File: A-2025-0009 Owner/Agent: Howard Li – Treasure Hill Bowmanville Developments Inc. Staff: Hebah Masood Address: 119, 175 and 179 Northglen Boulevard; 262, 266, 263 and 259 Crombie Street, hereby referred to as Registered Subdivision 40M2753 Lots 1, 10-11, 13-14 and 28-29, Bowmanville 1. Dave put forward a motion to lift application A2025-0009 from the table. The motion was seconded by Shelley. The matter was put forward for a vote, and all Committee Members were in agreement to lift the application from the table. Application: 2. The purpose of A2025-0009 is to facilitate Registered Subdivision 40M2753 Lots 1, 10- 11, 13-14 and 28-29. The application proposes to: a) decrease the minimum soft landscaping within the front yard or exterior side yard from 40% to 33%; b) decrease the rear yard setback from 7.5 metres to 6.5 metres; c) increase the maximum lot coverage of the dwelling from 40% to 50%; d) increase the maximum lot coverage for the total of all buildings and structures from 45% to 52%; and e) increase the maximum outside width of the garage from 6.4 metres to 9.4 metres. 3. Public notification was conducted in accordance with the Planning Act which included two signs 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 or internal departments. Minutes – June 26, 2025 Page 6 Committee of Adjustment Meeting 5. No comments were received in opposition to the application from members of the public. 6. Staff recommends that application A2025-0009 for a Minor Variance to Zoning By-Law 84-63 Sections 13.4.55 and 13.2, as well as Section 2 and 3.16.c.iii as amended by By- law 2024-032 be approved in part on select lots. There are five variances being requested on 7 lots for a total of 35 variances. Staff are recommending approval for 29 out of the 35 variances requested. The remaining 6 requested variances would not be required on individual lots to comply with the zoning by-law. The recommendations for approval are subject to the following condition: An Additional Dwelling Unit (ADU) building permit is issued jointly with the main dwelling unit on each subject lot and that upon final occupancy for the main dwelling unit the final occupancy for the ADU is also obtained. For verbal clarity: The proposed variances to: a) decrease the minimum soft landscaping within the front yard or exterior side yard from 40% to 33%; is recommended for approval on Lots 1, 10, 11, 13, 14, 28 and 29. The proposed variance to b) decrease the rear yard setback from 7.5 metres to 6.5 metres; is recommended for approval on Lots 10 and 11. The proposed variance to c) increase the maximum lot coverage of the dwelling from 40% to 50%; is recommended for approval on Lots 1, 10, 11, 13, 14, 28 and 29. The proposed variance to d) increase the maximum lot coverage for the total of all buildings and structures from 45% to 52% is recommended for approval on Lots 10, 11, 13, 14, 28 and 29. And the proposed variance to e) increase the maximum outside width of the garage from 6.4 metres to 9.4 metres. is recommended for approval on Lots 1, 10, 11, 13, 14, 28 and 29 Discussion: No members of the public spoke regarding this application. Minutes – June 26, 2025 Page 7 Committee of Adjustment Meeting The agent, Adrian Frank from Kagan Shastri DeMelo Winer Park LLP, spoke and provided an overview of the application. The owner/agent states that they have read and agreed to the conditions of the Staff’s recommendation. Shelley and Brad asked the applicant questions related to why they chose to apply for a minor variance rather than a re-zoning or a subdivision amendment application. The agent responded that the application was still deemed to be minor in nature and was able to meet the four tests. This application and the condition of including an Additional Dwelling Unit were a way for the applicant to keep up with market conditions utilizing tools such as ADUs and the need for more parking to allow for intergenerational housing and relieve on-street parking. Gord asked whether the ADU would be within or external to the dwelling? And if the proposed lot coverage would allow for residents to have a deck or shed? The applicant responded that the lot coverage proposed is to accommodate the proposed dwelling and accessory structures were not factored in. Staff indicated that an example of a basement ADU is provided within the staff report, however the ADU can be anywhere within the primary dwelling. Motion to approve A-2025-0009 as recommended by Shelley Pohjola, seconded by Wendy Partner. Time approved 7:30pm. Full text of Decision: That application A2025-0009, for a minor variance to Zoning By-Law 84-63 Sections 13.4.55 and 13.2, as well as Section 2 and 3.16.c.iii as amended by By-law 2024-032 to facilitate Registered Subdivision 40M2753 Lots 1, 10-11, 13-14and 28-29 by: a) decreasing the minimum soft landscaping within the front yard or exterior side yard from 40% to 33%; b) decreasing the rear yard setback from 7.5 metres to 6.5 metres; c) increasing the maximum lot coverage of the dwelling from 40% to 50%; d) increasing the maximum lot coverage for the total of all buildings and structures from 45% to 52%; and e) increasing the maximum outside width of the garage from 6.4 metres to 9.4 metres be approved in part on select lots, subject to the following condition: An Additional Dwelling Unit (ADU) building permit is issued jointly with the main dwelling unit on each subject lot and that upon final occupancy for the main dwelling unit the final occupancy for the ADU is also obtained. There are five variances (a through e, noted above) being requested on 7 lots for a total of 35 variances. Staff are recommending approval for 29 out of the 35 variances requested. Please see Figure 1 for clarification. The remaining 6 requested variances would not be required on individual lots to comply with the zoning by-law. Minutes – June 26, 2025 Page 8 Committee of Adjustment Meeting Staff recommend A2025-0009 for approval in part, subject to the noted condition as the requested variances maintain the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 84-63, are desirable for the appropriate development or use of the land and are 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-2025-0009 on June 26, 2025. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Absent Shelley Pohjola Todd Taylor Gord Wallace Brad Whittle “Carried” 7.2 File: A-2025-0022 Owner/Agent: Nicholas H. Dell (Harper Dell & Associates Inc.) Staff: Ainsley Johnston Address: 415 Baseline Road West, Bowmanville Application: 1. Good evening, the next application before the Committee this evening is File A2025- 0022 for 415 Baseline Road West in Bowmanville. 2. The purpose of the application is to locate a chiropractic office in a basement unit of an existing commercial building. 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. Minutes – June 26, 2025 Page 9 Committee of Adjustment Meeting 4. No comments were received in opposition to the application from external agencies or internal departments. 5. No comments were received in opposition to the application from members of the public. 6. At 9:00 this morning, the applicant notified staff via email that there was an error in the submission. The originally submitted basement floor plans showed the proposed chiropractic office in unit B08, an existing 43.01 square metre unit within the existing commercial building. There was a discrepancy in the available unit, and it has been advised that the correct proposed units to locate the chiropractic office is B06, B07, and B09. The correct proposed office is an existing 46.41 square metre unit located within the basement of the building. The change in basement unit does not impact the Minor Variance before the Committee, and all details including the four tests remain the same. Staff do not anticipate there would be any changes to comments from internal departments or external agencies. A revised staff report with the correct basement floor plan and unit size will be posted online, and this change will be reflected in the June meeting minutes. 7. Staff recommends that application A2025-0022, for a Minor Variance to Section 19.1.b.xx of Zoning By-law 84-63, be approved Discussion: No members of the public spoke regarding this application. The agent, Nicholas Dell, spoke and provided an overview of the application. The agent states that they have read and agree to Staff’s recommendation. S. Pohjola to Staff: Section 5.10 of the report should say commercial not residential. A. Johnston: Correct, it should say commercial. The changes have already been made in the revised report that will be posted online with the correct basement floor plans. Motion to approve A2025-0022 as recommended by Dave Eastman, seconded by Brad Whittle. Time approved 7:37 PM Full text of Decision: Application A2025-022, for a Minor Variance to Section 19.1.b.xx by permitting a chiropractic office to be located in a basement unit, 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-2025-0022 on June 26, 2025. Minutes – June 26, 2025 Page 10 Committee of Adjustment Meeting Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Absent Shelley Pohjola Todd Taylor Gord Wallace Brad Whittle “Carried” 7.3 File: A-2025-0023 Owner/Agent: Mitch Morawetz (Planfarm Inc.) Staff: Ainsley Johnston Address: 549 Mill St S, Clarke Application: 1. The purpose of the application is to facilitate the construction of a detached garage by increasing the maximum total accessory floor area from 90 square metres to 120 square metres and by increasing the maximum height from 4.5 metres to 5.5 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 or internal departments. 4. No comments were received in opposition to the application from members of the public. 5. Staff recommends that application A2025-0023, for a Minor Variance to Section 3.1.c of Zoning By-law 84-63, be approved. Discussion: No members of the public spoke regarding this application. Minutes – June 26, 2025 Page 11 Committee of Adjustment Meeting The agent, Mitch Morawetz, spoke and stated that they have read and agree to Staff’s recommendation with no further comments. Following the presentation, the Committee did not raise any questions or concerns. Motion to approve A-2025-0023 as recommended by Gord Wallace, seconded by Dave Eastman. Time approved 7:41 PM Full text of Decision: That application A2025-0023, for a Minor Variance to Section 3.1.c by increasing the maximum total accessory floor area from 90 square metres to 120 square metres and by increasing the maximum height from 4.5 metres to 5.5 metres within Zoning By-law 84-63, be approved as it maintains the general intent and purpose of the Clarington Official Plan, maintains the general intent and purpose of Zoning By-law 84-63, 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 A-2025-0023 on June 26, 2025. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Absent Shelley Pohjola Todd Taylor Gord Wallace Brad Whittle “Carried” 7.4 File: A-2025-0024 Owner/Agent: Robert Trevisan Staff: Nicklaus Gibson Address: 1405 Gord Vinson Avenue, Courtice Minutes – June 26, 2025 Page 12 Committee of Adjustment Meeting Application: 1. The final application before the Committee this evening is File A2025-0024 for 1405 Gord Vinson Avenue. 2. The purpose of the application is to facilitate the construction of a deck by increasing the rear yard deck projection from 1.50 metres to 2.36 metres, and by increasing the total maximum lot coverage from 40% to 46%. 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. 5. Staff recommends that Application A2025-0024 for a Minor Variance to Sections 3.1.g.iv and 13.2 e. by increasing the rear yard deck projection from 1.50 metres to 2.36 metres, and by increasing the total maximum lot coverage from 40% to 46% be approved. Discussion: No members of the public spoke regarding this application. The applicant, Cathy Trevisan, spoke and provided an overview of the application. The Owner states that they have read and agreed to the conditions of Staff’s recommendation. Following the presentation, the Committee did not raise any questions or concerns. Motion to approve A-2025-0024 as recommended by Shelley Pohjola, seconded by Brad Whittle. Time approved 7:47PM Full text of Decision: Application A2025-0024 for a Minor Variance to Sections 3.1.g.iv and 13.2 e. by increasing the rear yard deck projection from 1.50 metres to 2.36 metres, and by increasing the total maximum lot coverage from 40% to 46% be approved as it maintains the general 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 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-2025-0024 on June 26, 2025. Minutes – June 26, 2025 Page 13 Committee of Adjustment Meeting Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Absent Shelley Pohjola Todd Taylor Gord Wallace Brad Whittle “Carried” 8. Adoption of Minutes of Previous Meeting, May 22, 2025 Chair Todd Taylor asked for a motion from the Committee. Motion to adopt minutes from May 22, 2025, Committee of Adjustment Meeting was moved by Shelley Pohjola, seconded by Dave Eastman. “That the minutes of the Committee of Adjustment, held on May 22, 2025, be approved.” “Carried” 9. Other Business “None” 10. Adjournment Last Date of Appeal for tonight’s consent application: August 23, 2025 Last Date of Appeal for tonight’s minor variance applications: July 16, 2025 Next Meeting: July 24, 2025 Chair Todd Taylor asked for a motion from the Committee. Minutes – June 26, 2025 Page 14 Committee of Adjustment Meeting Motion to adjourn the meeting was moved by Dave Eastman, seconded by Shelley Pohjola. “That the June 26, 2025, Committee of Adjustment be adjourned. Time is 7:53pm. “Carried”