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HomeMy WebLinkAbout2016-10-13Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington October 13, 2016 Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville Present: Todd Taylor Andre O'Bumsawin James Vinson John Bate Shelley Pohjola Gord Wallace Amanda Watson 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 7:02 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 the five applications by R.N. Design Ltd. On Behalf of Lindvest Properties (Clarington) Limited first, followed by application A2016-0059 by Newcastle Holdings Inc./ Zelinka Priamo Ltd. The Committee unanimously voted to amend the agenda. 3.1 A2016-0062 46 Whitehand Drive, Newcastle A2016-0064 11 Buckles Court, Newcastle A2016-0065 15 Buckles Court, Newcastle A2016-0066 10 Buckles Court, Newcastle A2016-0067 14 Buckles Court, Newcastle R.N. Design Ltd. On Behalf of Lindvest Properties (Clarington) Limited Part Lot 29, Concession 2 Former Township of Newcastle Agent, Brent Smith made a verbal presentation to the Committee regarding the applications. The explanations for the proposed variances were similar to what was outlined in the report prepared for these applications. There were no questions from the Committee or members of the public in objection or support. All applications were approved unanimously by the Committee. A2016-0062 46 Whitehand Drive, Newcastle Moved by Andre O'Bumsawin, seconded by James Vinson. "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 a single -detached dwelling by increasing the maximum permitted front yard setback from 7.5 metres to 10.75 metres." Carried A2016-0064 11 Buckles Court, Newcastle Moved by James Vinson, seconded by Shelley Pohjola. "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 a single -detached dwelling by increasing the maximum permitted front yard setback from 7.5 metres to 16 metres." Carried A2016-0065 15 Buckles Court, Newcastle Moved by Shelley Pohjola, seconded by Gord Wallace. "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 a single -detached dwelling by increasing the maximum permitted front yard setback from 7.5 metres to 11.5 metres." Carried A2016-0066 10 Buckles Court, Newcastle Moved by John Bate, seconded by Shelley Pohjola. "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 a single -detached dwelling by increasing the maximum permitted front yard setback from 7.5 metres to 10.78 metres." Carried A2016-0067 14 Buckles Court, Newcastle Moved by Gord Wallace, seconded by Andre O'Bumsawin. "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 a single -detached dwelling by increasing the maximum permitted front yard setback from 7.5 metres to 11 metres." Carried 3.2 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. The explanation for the proposed variance was similar to what was outlined in the report prepared for this application. Mr. Campbell explained that the application was previously tabled by the Committee to allow time to meet with Staff and resolve any outstanding issues. Mr. Campbell explained that due to scheduling conflicts, a meeting was not able to occur with Clarington Staff until October 12, 2016. Mr. Campbell continued to explain that he disagrees with Staff's recommendation to deny the portion of the variance to relocate the proposed entrance to the interior of the site as he and his colleagues believe that the existing renderings of the proposed LCBO building meet the Official Plan and Urban Design Guidelines. Further, Mr. Campbell explained that as a result of the meeting with Staff on October 12, 2016. It was brought to their attention that a road widening will be required on Church Street. As a result of this road widening, the site will require a further variance. He asked the committee to consider including an additional variance in their decision tonight, to reduce the required setback along Church Street to 0 metres. Chairperson, Todd Taylor, spoke on behalf of the committee stating the proposal is premature and they would require a new variance to be circulated. This way the Committee would have Staff Comments as well as public comments. Committee Member, Shelley Pohjola, asked for clarification regarding the meeting that took place on October 12, 2016 and what issues were resolved. Mr. Campbell explained that many issues presented by Staff were specific to the current design proposal. He continued to explain that Staff has directed to them that the main issues would be resolved by the introduction of more roof articulation, parapets, wall articulations, and a variety of cladding materials. Chairperson, Todd Taylor, asked if there were any additional questions the Committee had for the applicant. There were none. Chairperson, Todd Taylor, asked if there were any public comments or questions. Robert Malone came forward and read 4 letters of support for the application from 4 different organizations. Patricia Norton, a resident from a neighbouring property came forward in support of the application. She indicated that the relocation of the entrance would be beneficial as it would lessen the amount of parking along Church Street. Nick Katsiapis, the owner of the lands at the corner of 71-85 King Avenue West in Newcastle, spoke to his concerns with the parking issues that will result from this development. Member Pohjola, responded that there is nothing the Committee has the jurisdiction to do in regards to his issues with parking, and suggested he speak with the developer and Planning Staff to address this through the Site Plan Approval process. Chairperson, Todd Taylor asked Planner Paul Wirch to come forward and explain the details of the meeting help on October 12, 2016 and what agreements were made. Mr. Wirch detailed that in that meeting, the comments provided to the applicant's reflected the same comments provided to them in May of this year, no new matters were discussed. He continued to state that there are a number of outstanding issues for the project as a whole outside of these variances, however Staffs main objective is to ensure an attractive streetscape and to maintain the character of the neighbourhood. Member Pohjola, asked for clarification regarding the specific zoning provision that this application is varying. Mr. Wirch went into detail regarding the history of the site and its previous rezoning. He also mentioned that the current zoning provisions for the site ensure the design of any new development will conform to the applicable Urban Design Guidelines, Clarington Official Plan policies, and the Secondary Plan policies. Member Pohjola, explained that there appears to be a lot of site plan issues with this application, however clarified that this is not what the Committee is here to address. She continued by asking Planner, Paul Wirch to clarify that the proposed variance is not supported by Planning Staff as they do not comply with the mandatory language of the Official Plan and Zoning? Planner, Paul Wirch explained that the existing Urban Design Guidelines have been approved by Council and have similar status to the policies within the Official Plan. Member. Pohjola, continued by asking whether it is planning's position that the Official Plan policies are not maintained by the proposed location of the entranceway. Mr. Wirch responded by explaining he would word it differently, however, fundamentally, yes that is Staff's opinion. Member Pohjola, further asked for clarification, as the policies seem to indicate that the proposed development could meet the required guidelines in "other ways" than just keeping the entranceway along Church Street. Mr. Wirch agreed with member Pohjola, however mentioned that as of tonight Staff have not presented any other ways in which the proposed development will meet the guidelines, and therefore it cannot be supported. Committee member, Andre O'Bumsawin requested clarification from the Planner regarding the approval of the side yard setback. Mr. O'Bumsawin asked if it is possible that the approved side yard setback could be required to be changed again as the Site Plan proceed towards approval. Mr. Wirch responded, yes that is possible, the variance for the side yard will fit for the current proposal, however, it could be revisited if need be. Committee member, Gord Wallace asked the Planner, how is the committee supposed to deal with the variance to relocate the door without updated renderings approved by Planning Staff. He continued to say that in the absence of an approved revised design to have a better fagade on Church Street, the ability will be lost to regulate that design once the variance is approved. Mr. Wirch responded, there are still other ways to require it through the site plan process but did agree that the approval would lessen the ability to alter the existing proposed design. Member Wallace continued to ask the Mr. Campbell if the committee denies the relocation of the entrance to the proposed building, does that in turn mean that the development will no longer proceed. Mr. Campbell responded, yes. He also continued by saying he understands that if the Committee approves this variance the Planning Department loses one of the tools they have to ensure the design is altered. However, he and his colleagues are very committed to achieving the Municipalities design goals. Member Wallace continued by stating he does not disagree with the proposed location of the door being the relocated. The primary issue is that the Committee has not been provided a building design that is endorsed by the Municipality and is pleasing. The applicant's agent continued by stating they believe the design has evolved significantly, and that the fundamentals of the building will not change. The requests made by Staff are extremely minor. However, they are very committed to getting the revised renderings done and submitted to the Municipality as soon as possible. Chairperson, Todd Taylor asked the Mr. Wirch if Staff would be supportive of tabling that portion of the variance instead of denying it. Mr. Wirch explained that it is the decision of the Committee and not Staff whether the application is tabled or denied. However, Staff would have no issue with the variance being tabled to a further meeting. It was Staff's understanding that the applicant wanted a decision one way or another at this meeting and did not support the further tabling. Member O'Bumsawin asked Mr. Campbell if they would be able to submit revised renderings reflective of Staff's comments in time for a review and potential approved by the next meeting of the Committee of Adjustment on November 3, 2016. Mr. Campbell responded, drawings can be updated and submitted as soon as possible. Chairperson Todd Taylor asked if the agents had any final comments to make before the Committee makes its decision. Mr. Campbell responded that, what he is understanding from the Committee, is that in the absence of revised and endorsed renderings for the proposal, the Committee is not in favor of the proposed to relocate the door. He believes that a better resolution would be to table again to allow sufficient time to resubmit drawings and have them reviewed and supported by Staff. Chairperson, Todd Taylor asked Mr. Campbell if the meeting of November 3, 2016 would be acceptable. Mr. Campbell agreed that that should allow sufficient time and would be acceptable. That way they can return to their clients (LCBO) and let them know we are working towards a resolution, rather than putting it on hold with a denial. There were no further questions from the Committee or members of the public. Planner, Amanda Watson explained to the Committee that it is possible to make two separate motions regarding this application. The Committee unanimously decided to make two separate motions, and numbered them for convenience. 1. Moved by Andre O'Bumsawin, seconded by Gord Wallace. "Based on our 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 reduce the minimum interior side yard setback from 1.25 metres to 0.64 metres" Carried 2. Moved by Andre O'Bumsawin, seconded by Gord Wallace. "Based on our review of the application, the agency comments submitted, and the public submissions received, the application to permit the construction of a retail commercial building by relocating the building entrance from Church Street to the interior of the lot. The application is TABLED to the meeting of November 3, 2016 to allow the applicant sufficient time to prepare updated renderings to be reviewed by Staff." Carried 4. Adoption of Minutes of Previous Meeting No Minutes had been circulated to the Committee from the previous meeting on September 29, 2016. The Committee will adopt the Minutes at the next scheduled meeting on November 3, 2016. 5. Other Business: Moving forward, the Committee requested receiving comments earlier than the day of, to allow them enough time to review. Appeal date for the foregoing applications is November 2, 2016 Next Meeting of the Committee of Adjustment is November 3, 2016 6. Adjournment Moved by John Bate seconded by Andre O'Bumsawin. "That the meeting adjourn at 9:15pm."