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HomeMy WebLinkAbout2016-01-21 MinutesMinutes of the Committee of Adjustment Corporation of the Municipality of Clarington January 21, 2016 Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville Present: Paul Allore Chairperson Todd Taylor Vice Chairperson André O’Bumsawin Member Gord Wallace Member John Bate Member Dave Addington Acting Secretary-Treasurer Absent with notice James Vinson Member A2016-0001 Alaimo Architecture Inc./ Gaetano Alaimo 171 George Reynolds Drive Part of Lot 31, Concession 3 Former Township of Darlington To permit the construction of a one storey commercial building by increasing the maximum permitted floor area from 500 square metres to 690 square metres, reducing the front yard setback from 10 metres to 1.08 metres, the exterior side yard from 10 metres to 2.94 metres and the interior side yard from 4 metres to 2.34 metres. Additionally the applicant is proposing to reduce the required vehicular entrance distance from the boundary of side yard lot line of a Residential Zone, from 7.5 metres to 7.2 metres or a distance of .98 metres. Frank Alaimo appeared in support of this application. Doug Shoma, Penni Barker Adams, Peter Krokkert, Karen Kynastin and Amanda Bryden appeared in opposition to this application. Letter from nearby resident, Karen Kynastin, was handed out to Committee members at the beginning of the meeting for consideration. Applicant, Frank Alaimo, presented his application by indicating a disagreement with contents of staff report and the recommendation for a tabling of the application as he felt the variance was necessary before the Site Plan submission could proceed. Planner, David Addington, presented staff’s opinion that information submitted by the Applicant was insufficient to make a decision on the minor variance application. Applicant continued to present his proposal and gave copies of renderings, site plan drawings and elevations to all Committee members. Applicant suggested he would work with the resident located immediately to the west of the subject property to alleviate any concerns and also explained that the variance would be required because the site is relatively small and is the only way to obtain a building footprint that would be viable. Chair, Paul Allore, stated that his interpretation of staff’s opinion as outlined in the comments and applicant disagreed with his interpretation. Committee member, Andre O’Bumsawin, expressed difficulties with making decisions while not having full information. Planner, Ruth Porras, spoke to the reasons for the Engineering and Emergency Services department’s need for more information as outlined in the staff report. Member O’Bumsawin and Committee of Adjustment January 21, 2016 Page 2 Committee Chair Paul Allore, mentioned that it may not be necessary for the applicant to submit a full, formal site plan application as long as the applicant provides the necessary information in some form. Chair Allore clarified role of the Committee in terms of its role in not deliberating on issues of Site Plan Control rather to focus on the issue of the variance before members of the public spoke towards the application. Resident, Douglas Shoma, stated that he didn’t feel the variances were minor and had concerns related to appropriateness of the site including environmental concerns and whether nearby mailboxes would be moved. Chair Allore clarified the intent of the hearing two more times. Resident, Penni Barker-Adams, spoke about variances and felt they were not minor and the Applicant further explained the application in terms of how the setback is measured from the site triangle. Resident, Peter Krokkert, stated that the five variances applied for wouldn’t be needed if a smaller building footprint was proposed. Resident, Karen Kynastin, stated that the staff report requires a full site plan while the earlier discussion led to the impression that only more detailed plans would be required. Chair Allore stated that from his opinion only more detailed plans would be required and not a full site plan. Resident, Amanda Bryden stated that her main concern was with the size of the building and that she would like to see the renderings and site plan shown to the Committee members by the applicant as she couldn’t see them. Planner Addington showed the drawings to her and the Applicant clarified the plans. There were no additional questions from the Committee. Moved by André O’Bumsawin, Seconded by Todd Taylor “To table the application to a future meeting of the Committee of Adjustment to allow the applicant to submit a complete Site Plan application which shall, among other things, address the concerns of the Engineering Services Department and the Emergency Services Department.” “Carried” A2016-0002 Richard Bouma/Hope Fellowship Church 1685 Bloor Street, Courtice Part of Lot 30, Concession 1 Former Township of Darlington To permit an accessory building in an "Agricultural (A)" Zone where the use to which the building is accessory is located in an "Agricultural Exception (A-73)" Zone. Richard Bouma appeared in support of this application. No persons appeared in opposition to this application. Applicant Richard Bouma explained application and the reason for staff’s recommendation for a tabling which involves Durham Health’s department inability to find an old permit for the existing septic system. Mr. Bouma clarified the need for the portable and that there is not a big rush to have it constructed but that he won’t be available in February to attend the next meeting. He stated that Committee of Adjustment January 21, 2016 Page 3 he has been in contact with Thomas from the Health Department to try and resolve the issue and that the Municipality had only received the comments the day before the meeting date. Committee member, Todd Taylor, asked what impact delaying the building would have on the Cadet group and Mr. Bouma stated that it wouldn’t have a significant impact. Chair Allore stated that if the application might be made conditional on receiving Health Department approval and the Committee concurred with this proposed solution. Moved by André O’Bumsawin, Seconded by Gord Wallace “To approve the application to permit an accessory building in an "Agricultural (A)" Zone where the use to which the building is accessory is located in an "Agricultural Exception (A-73)" Zone subject to approval from the Durham Health Department.” “Carried” A2016-0003 Don Cole 599 Regional Road 42, Clarke Part of Lot 35, Concession 3 Former Township of Clarke To permit the construction of a detached garage by increasing the maximum permitted total floor area from 90 square metres to 147 square metres. Don Cole appeared in support of this application. No persons appeared in opposition to this application. Applicant, Don Cole, explained application and that he was building a new, smaller garage in place of an older, larger one in the same place on his lot. Member Andre O’Bumsawin questioned whether the old building was already down and the Applicant stated that it was and the foundation still exists and showed the Committee members photo of his lot with its screening and that the neighbours had no issue with his proposal. Chair Paul Allore questioned how he received a permit for a new foundation and the Applicant stated that he was under the impression that he didn’t require one as per discussions that he and his father had with Municipal staff. Member Gord Wallace, stated that the floor area increase was quite substantial and Planner David Addington responded by agreeing and stating that staff’s recommendation for approval rested upon the fact that he was building a smaller building were an older one existed. There were no further comments from the Committee. Moved by Gord Wallace, Seconded by John Bate “To permit the construction of a detached garage by increasing the maximum permitted total floor area for all accessory building from 90 square metres to 147 square metres as it meets the intent of the Official Plan and Zoning By-Law, is minor in nature and is not detrimental to the neighbourhood. “Carried” Committee of Adjustment January 21, 2016 Page 3 Other Business: Moved By John Bate, Seconded by Todd Taylor “To adopt the minutes from November 5, 2015, although a small correction; meeting was held in room 1A not 1C” Appeal date for the foregoing applications is February 10, 2016 Next meeting of the Committee of Adjustment: February 18, 2016 Meeting Adjournment: 8:31 pm