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HomeMy WebLinkAbout2016-09-15Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington September 15, 2016 Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville Present: Todd Taylor Andre O'Bumsawin James Vinson John Bate Shelley Pohjola Amanda Watson Absent with notice: Gord Wallace 1. Call to Order Chairperson Vice Chairperson 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: 3.1 A2016-0057 Tim and Anna Marie Sutherland 612 George Reynolds Drive, Courtice Part of Lot 27, Concession 3 Former Township of Darlington Member Applicants Tim and Anna Marie Sutherland 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. There were no questions from the Committee or members of the public in objection or support. Moved by Andre O'Bumsawin seconded by Shelley Pohjola. "Based on our review of the application and the comments submitted, the application is deemed minor in nature, meets the intent of the Official Plan and Zoning By-law and will not be detrimental to the character of the neighbourhood. The application is APPROVED to permit the installation of a pool by reducing the minimum required rear yard setback for accessory structures from 4 metres to 1.2 metres." Carried 3.2 A2016-0058 Hickory Dickory Decks Oshawa/Julie Wolfe 27 Alfred Shrubb Lane, Bowmanville Part of Lot 11, Concession 1 Former Township of Bowmanville The applicant Matthew McLeod (Hickory Dickory Decks Oshawa) 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. There were no questions from the Committee or members of the public in objection or support. Moved by Andre O'Bumsawin seconded by John Bate. "Based on our review of the application and the comments submitted, the application is deemed minor in nature, meets the intent of the Official Plan and Zoning By-law and will not be detrimental to the character of the neighbourhood. The application is APPROVED to permit the construction of a deck by increasing the maximum permitted lot coverage from 40% to 45%." Carried 3.3 A2016-0059 Newcastle Holdings Inc./Zelinka Priamo Ltd. 1036 Church Street, Newcastle Village Part Lot 28, Concession 1 Former Villaae of Newcastle The applicant's agent Greg Priamo 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. Priamo outlined his three main concerns with the findings of the report support, these concerns were as follows; 1. Access to loading The application was submitted with a Traffic Impact Study which supports the access. Additionally, the Mr. Priamo detailed that this business will only operate reduced sized vehicles and will have deliveries only 2-3 times a week. 2. Offsite Parking x The alternate location of the entrance will reduce the potential for offsite parking. Additionally, this can be enforced through standard property management practices. 3. Alternate location of entrance is not minor x It is of Mr. Priamo's opinion that this is not the case. He believes the alternate location will not affect the urban design of the building and is willing to work on this throughout the site plan application process. Mr. Priamo acknowledged that the best case scenario, is that the committee approve the application. However, if it could not be approved, that it be tabled with a specific date. Committee Member James Vinson asked when the date of the next meeting is. Planner, Amanda Watson advised the next meeting is September 29, 2016. This date does not provide the planner on the file sufficient time to circulate the site plan application and receive comments. Committee Member Shelley Pohjola asked Mr. Priamo what he considers a "reasonable time" to be tabled. The applicant said as soon as possible, and that the condition be imposed that the comments must be received by a certain date from the agencies circulated on the Site Plan application. Chairperson Todd Taylor asked if we could hear from the planner on the file. Planner, Paul Wirch provided a summary of the application and the Staff Report. Committee Member John Bate asked Paul Wirch what timeline Planning Services required for site plan circulation? Planner Paul Wirch explained the site plan application process in more detail and indicated 4-6 weeks would suffice. Committee Member Shelley Pohjola asked Paul Wirch about the properties previous application to rezone and whether this was approved. Planner Paul Wirch responded in detail, outlining that the previous rezoning was for a very specific design, and that is no longer the same use of the property that is being proposed through this site plan application. Committee member Andre O'Bumsawin informed the committee of the possible benefits of having the parking in the alternate location, as requested by the minor variance application. Mr. Priamo outlined that the provided site plan for the proposal is a result of meetings with Staff, the clients and the hired agency. He continued by stating, it is important to acknowledge that if the site plan changes from what is proposed, the project will likely not proceed. While throughout the process, other variances could arise, it should not take away from the validity of the two variances proposed. If the committee proceeds with the tabling of the application, thirty days should be the maximum, or the real estate deal will be null and void. Committee member Andre O'Bumsawin asked Paul Wirch whether the comments outlined in the Staff Report are more related to site plan, rather than to the minor variances. Planner Paul Wirch responded that Staff have taken the approach of looking at the applications as a whole, and trying to find a compromise. Committee Member Jim Vinson asked for clarification as to when both the Site Plan Application and Minor Variance application were received. Planner Paul Wirch confirmed that the Minor Variance application was received on August 29, 2016 and the Site Plan application was received on September 7, 2016. Committee Member Shelley Pohjola brought to the attention of the Committee Members that the initial preconsultation for this application was from April 2015. Mr. Priamo suggested the application be altered at the meeting to not address the location of the door specifically, and leave that up to the Site Plan Approval process. Chairperson Todd Taylor asked if an application would be required to be recirculated if a change like that was made. Planner Paul Wirch confirmed that the integrity of the property would not be jeopardized, however as the zone requires the location of the entrance to be on Church Street, another variance would be required at some point. Chairperson Todd Taylor asked if there were any members of the public present to speak in opposition or support of the application. Patricia Norton, property owner at 112 Emily Street West explained she is not in objection to the variances however outlined four concerns: 1. Deliveries, 2. Continuation of existing 8 foot fence to ensure her privacy, 3. Existing trees to be left, 4. Continue the line of the existing parking lot at 4 feet from the fence line. Chairperson Todd Taylor asked if there were any other members of the public present to speak in opposition or support of the application. Nick Katsiapis, spoke to his concerns regarding the parking. His multi -tenant building is north of the proposed building, and he is concerned that his parking will be occupied by the customers of the new proposed business. Mr. Priamo addressed the concerns of the neighbours and said that these are issues that can be addressed through the site plan process (i.e., property standards, signage, communication, etc.) Chairperson Todd Taylor acknowledged to the Committee and those present, that a letter in support of the application was received and circulated. There were no further questions from the Committee or members of the public. Moved by John Bate, seconded by Shelley Pohjola. "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: - reducing the minimum, interior side yard setback from 1.25 metres to 0.64 metres; and - relocating the building entrance from Church street to the interior of the lot The application is TABLED for no more than 4 weeks to allow the Municipality time to deal with outstanding issues." Carried 4. Adoption of Minutes of Previous Meeting Moved by Shelley Pohjola., seconded by James Vinson. "That the minutes of the regular meeting of the Committee of Adjustment, held on August 25, 2016 be approved." 5. Other Business: Appeal date for the foregoing applications is October 5, 2016 Next Meeting of the Committee of Adjustment is September 29, 2016 6. Adjournment Moved by Shelley Pohjola seconded by John Bate. "That the meeting adjourn at 8:01 pm."