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HomeMy WebLinkAbout2016-11-03Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington November 3, 2016 Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville Present: Todd Taylor Andre O'Bumsawin James Vinson John Bate Shelley Pohjola Gord Wallace David Addington Absent with notice: None 1. Call to Order Chairperson Vice Chairperson Member Member Member Member Acting Secretary -Treasurer Chairperson Todd Taylor called the meeting to order at 7:00 pm 2. Disclosures of Pecuniary Interest There were no pecuniary interests stated for this meeting 3. Applications: Chairperson, Todd Taylor asked the committee to amend the agenda to hear applications A2016-0068, A2016-0069 and A2016-0070 first, followed by application A2016-0059 by Newcastle Holdings Inc./ Zelinka Priamo Ltd. 3.1 A2016-0068 27 Forrester Drive, Bowmanville Darryl Galea Part Lot 10, Concession 2, Former Town of Bowmanville Applicant, Darryl Galea made a verbal presentation to the Committee regarding the application. The explanation for the proposed variance was similar to what was outlined in the report prepared for this application. Committee member, Shelly Pohjola, asked if other properties had similar deck heights and noted that it appeared from the rendering in staff's comments that the deck would almost be as high as the back fence and may cause a privacy concern. Planner, David Addington, noted that the house model with the elevated rear door is common in the area and there are other similarly elevated decks in the area and that the rendering was an approximation of the proposed deck. There were no further questions from the Committee or members of the public in objection or support. Moved by Andre O'Bumsawin, seconded by Gord Wallace. "Based on staff's review of the application and agency comments received, the application meets the intent of the Zoning By-law and the intent and purpose of the Official Plan. The application is considered minor in nature and not detrimental to the neighbourhood. The application is APPROVED to permit the construction of a deck by increasing the maximum permitted deck projection into the rear yard setback from 1.5 metres to 3.21 metres." Carried 3.2 A2016-0069 4185 Concession Road 4, Clarke R. Leigh Youd Part Lot 15, Concession 3, Former Township of Clarke Applicant, R. Leigh Youd, made a verbal presentation to the Committee regarding the application. The explanation for the proposed variance was similar to what was outlined in the report prepared for this application. Committee member, Andre O'Bumsawin, asked Mr. Youd if there were any neighbours close by. Mr. Youd responded that there were not any neighbours close by on any side. There were no further questions from the Committee or members of the public in objection or support. Moved by Jim Vinson, seconded by Shelley Pohjola. "Based on staff's review of the application and agency comments received, the application meets the intent of the Zoning By-law and the intent and purpose of the Official Plan. The application is considered minor in nature and not detrimental to the neighbourhood. The application is APPROVED to permit the construction of a detached garage by increasing the maximum permitted height from 4.5 metres to 5.1 metres." Carried 3.3 A2016-0070 4319 Solina Road, Darlington Graeme Arnaud Part Lot 24, Concession 4, Former Township of Darlington Applicant, Graeme Arnaud, made a verbal presentation to the Committee regarding the application. The explanation for the proposed variance was similar to what was outlined in the report prepared for this application. Committee Chairperson, Todd Taylor, asked Mr. Arnaud if he was aware and agreed with the proposed conditions attached to the approval of the application. Mr. Arnaud agreed and stated that he fully intended to remove each of the existing sheds from the property. There were no further questions from the Committee or members of the public in objection or support. Moved by Shelley Pohjola, seconded by John Bate. "Based on Staffs review of the application and agency comments received, the application meets the intent of the Zoning By-law and the intent and purpose of the Official Plan. The application is considered minor in nature and not detrimental to the neighbourhood. The application is APPROVED to permit the construction of an accessory building by increasing the maximum permitted total floor area for all accessory buildings from 90 square metres to 112 square metres subject to the condition that the existing 3.3 square metre (6' x 6') shed and the existing 7.4 square metre (10' x 8') shed be removed from the property within 6 months of the date of the Committee's decision on the minor variance." Carried 3.4 A2016-0059 Newcastle Holdings Inc./Zelinka Priamo Ltd. 1036 Church Street, Newcastle Village Part Lot 28, Concession 1 Former Village of Newcastle The Applicant's agent, Matt Campbell, made a verbal presentation to the Committee regarding the application and also provided each Committee member with a copy of new renderings of the proposed building. The explanation for the proposed variance was similar to what was outlined in the report prepared for this application. Mr. Campbell explained that staff had presented three key items to address and these items have been addressed, however, staff have come up with a decision of their own. He asked that he was looking for a decision on the variance and was not looking for another deferral. Mr. Campbell proceeded to explain the details of the new building renderings and clarified what the remaining two variance were for. Further, Mr. Campbell, in response to Engineering comments outlined in the staff report, stated that the trees on the boulevard would be preserved and that the actual footprint of the building was not going to change. If an arborist report would be required by staff they would comply in supplying one. Mr. Campbell mentioned that he has worked on many similar applications in other areas where they were able to preserve mature trees. Mr. Campbell stated that the intent of the Official Plan with regards to the urban design policies was to create vibrant buildings and streetscapes and he believes this building accomplishes this and maintains the intent of the Official Plan. The intent of the Official Plan, in regards to the location of the entrance is to face the street which is proposed to face towards King Avenue in this case. Further, Mr. Campbell stated that he feels the proposed variances are minor. In terms of the exterior side yard setback, Mr. Campbell stated that the road widening is inconsequential to the building and it would be the road widening that would end up taking the trees and not the proposed building. Mr. Campbell added that they had received six letters of support for the project. Committee member, Andre O'Bumsawin asked a question regarding the proposed reduction to the exterior side yard setback and the proposed road widening. Mr. Campbell stated that it was correct that the road widening would result in the property line would moving closer to the building. Mr. O'Bumsawin further asked if a tractor trailer would fit in the length of the loading docks from which Mr. Campbell responded that it wouldn't, but a 32 foot truck would, and the LCBO were committed to using a smaller truck. Committee member, Gord Wallace directed a question to Planning staff in attendance regarding the purpose of the road widening and Planner Paul Wirch responded by stating that it is typical for the Engineering Services Department to take road widenings in effort to reach a standard right of way (ROW) width for a local road. Mr. Wirch further explained that the road widening doesn't mean the roadway will necessarily be paved to the entire extent of the ROW but that it could form part of the boulevard area. Mr. Wallace mentioned that it was not clear if the road would actually be widened. In response to Mr. Wallace's further question regarding whether the road widening was to protect the boulevard trees, Mr. Wirch responded that as far as he is aware, preservation of the trees would always be taken in consideration but the primary purpose of the widening was to reach the current Engineering classification for a local road. Committee member, Shelley Pohjola, asked if the municipality has a tree protection By- law. Mr. Wirch responded that as far as he is aware, the municipality has a tree cutting by-law but not sure how it applies to tree removal. Ms. Pohjola asked about the foundation excavation with a 0 metre lot setback to the lot line. Mr. Campbell responded that he has worked on many projects that involved a 0 metre side yard setback and that if necessary an encroachment agreement could be arranged with the municipality. Mr. Campbell again noted that the trees would be preserved and an arborist report could be supplied. Ms. Pohjola asked about the building design the municipality had come forward with. Mr. Campbell provided details of staff's proposed design that included a faux second - storey, faux windows, more details in the columns, the addition of hardy board siding instead of all brick and additional vision glass. Mr. Campbell showed renderings supplied by staff in response to Ms. Pohjola's request. Ms. Pohjola asked Mr. Wirch if this was a fair summary and Mr. Wirch responded that it was fair. Mr. Wallace asked about the potential of the footing encroaching underground and how many building's in Clarington are built to the lot line as footings will always encroach, why would this be an issue now? Mr. Wirch explained that as far as he understood, a L - shape type of footing could be utilized that wouldn't encroach. Mr. Wallace asked if it would be possible for the footings to not encroach and Mr. Campbell stated that yes absolutely. Mr. O'Bumsawin stated that what Mr. Wirch had stated about footings was correct. Mr. Campbell again stated that there would be no encroachment. Committee member, John Bate, asked if an arborist has looked at this proposal. Mr. Campbell stated that part of urban design of the project is to retain the trees and the developer is committed to retaining trees. Mr. Bate stated that without an arborist report that it is just unknown for sure if trees can be retained. Mr. Campbell stated that there are many other projects of this sort that he has worked on where this hasn't been an issue. Ms. Pohjola asked if all changes recommended by staff were made by the applicant, would this be acceptable to staff? Mr. Wirch prefaced his answer with the statement that urban design is subjective and that he believes that the building hasn't quite reached the municipality's standard of urban design but they are on the right track and that, given the urban design objectives for the Newcastle Village contained in the Official Plan, the design should incorporate further elements. Ms. Pohjola, asked what the issue was in moving the main door. Mr. Wirch responded that it would provide access from the sidewalk and that the Church Street building wall is the face of the building and the door should feature prominently on the face of the building. In response to Engineering's comments in the staff report, Mr. Wallace commented that the extent of the dripline would most likely end up being 10-15 feet inside the property line and this would make the site almost undevelopable. Mr. Wallace questioned that if this was such a concern, how come it hadn't been brought up before. Mr. Campbell added that an arborist report would typically only recommend a tree protection barrier and that is usually sufficient. Mr. Wallace concurred with this statement. Mr. Wirch stated that he would place emphasis on the second part of Engineering's comments (arborist report). Mr. O'Bumsawin asked for a 5 minute recess and Committee agreed. Recess at 7:58 pm. Meeting resumed at 8:03 pm. Ms. Pohjola asked if the municipality had requested the preservation of trees and Mr. Campbell responded yes there is a mutual interest in preserving them. Mr. O'Bumsawin commented that even if the entrance was approved on interior of the lot, the design may not be approved through site plan so it's somewhat of a standoff. If the entrance is approved in the interim (through the variance), does it still need to be measured against the overall urban design of the project? Mr. Wirch responded that this is correct. Mr. O'Bumsawin also asked if the location of the loading docks would be considered through the site plan process and Mr. Wirch responded yes. There were no further questions from the Committee or from members of the public. Committee Chairperson, Todd Taylor, asked if a motion could be forwarded and stated that a motion for each variance could be considered separately. 1. Moved by Andre O'Bumsawin, seconded by Gord Wallace. "Based on staff's review of the application, the agency comments submitted, and the public submissions received, the application meets the intent of the Zoning By- law and the intent and purpose of the Official Plan. The application is considered minor in nature and not detrimental to the neighbourhood. The application is APPROVED to permit the construction of a retail commercial building by reducing the minimum exterior side yard setback from 1.25 metres to 0.0 metres" Carried 2. Moved by Andre O'Bumsawin, seconded by John Bate. "Based on staff's review of the application, the agency comments submitted, and the public submissions received, the application meets the intent of the Zoning By- law and the intent and purpose of the Official Plan. The application is considered minor in nature and not detrimental to the neighbourhood. The application is APPROVED to permit the construction of a retail commercial building by relocating the building entrance from Church Street to the interior of the lot." Carried 4. Adoption of Minutes of Previous Meeting The Committee adopted the minutes from the September 9th meeting and the October 13th meeting. Moved by Shelley Pohjola and seconded by John Bate. 5. Other Business: Last date of appeal for the foregoing applications is November 23, 2016 Next Meeting of the Committee of Adjustment is November 17, 2016 6. Adjournment Moved by Andre O'Bumsawin and seconded by John Bate. "That the meeting adjourn at 8:26 pm."