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HomeMy WebLinkAbout2017-03-02 MinutesMinutes of the Committee of Adjustment Corporation of the Municipality of Clarington March 2, 2017 Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville Present Todd Taylor Chairperson André O’Bumsawin Vice Chairperson James Vinson Member John Bate Member Shelley Pohjola Member Away with notice Gord Wallace Member David Addington: Acting Secretary-Treasurer 1. Call to Order 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 A2016-0075 Applicant: Aitchison Law Office Owner: Dale and Susan Thompson 3621 Courtice Road, Darlington Part Lot 28, Concession 3, Former Township of Darlington Owner, Dale Thompson, stated that he believed his lawyer was going to be present at this meeting to represent the application, however, he did not show up. Mr. Thompson stated that we wanted to move ahead with the application but that he just received the comments with the new addendum and also that he could not answer the questions in the staff report related to source of the water that was being bottled. Chair Todd Taylor, stated that the Committee had to consider the application based on the application of the four tests of a minor variance but a tabling of the application to a meeting where Mr. Thompson’s lawyer was present could be considered if the Committee agreed. Acting Secretary Treasurer, David Addington recommended against tabling of the application as the owner has an April court date related the zoning infractions and that a decision should be made prior to the court date which Mr. Thompson stated was April 11, 2017. Additionally, Mr. Addington stated that the staff recommendation in the report had not changed since the prior meeting and that the owner’s Lawyer was given proper advance notice of the current Committee meeting and that he was also emailed a copy of the comments two days in advance of the meeting. Member, Shelley Pohjola, stated that it would be desirable to allow Mr. Thompson’s lawyer to be present because he has the procedural right to have his lawyer speak to the application. Mr. Thompson proposed to have the application deferred to a meeting after the court charges were dealt with in April and when his lawyer could be present to represent the application. Mr. Addington clarified to Mr. Thompson that the addendum to the staff report related to this application did not change the recommendations and that it only provided an explanation of why the application was brought back to the Committee of Adjustment and included additional information from the Durham Region Health Department. Ms. Pohjola suggested tabling the application until April after Mr. Thompson had the chance to deal with the court charges. There were no further questions from the Committee, and there were no members of the public in objection or support. Moved by Shelley Pohjola, seconded by John Bate. The application to permit an existing indoor storage business and water bottling and ice making facility on a rural lot is tabled to the April 2017 meeting of the Committee of Adjustment. “Carried” 3.2 A2017-0015 Applicant/Owner: Elite Crete Designs Inc. 5207 Solina Road Part Lot 24, Concession 5 Former Township of Darlington Applicant, Christopher Neal 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 all verbal comments received and the agency comments submitted, the application is deemed minor in nature, is considered desirable for the appropriate development and use of the land and maintains the general intent and purpose of the Zoning By-law and Official Plan. The application to permit an addition to an existing single detached dwelling by reducing the minimum rear yard setback from 10 metres to 5.65 metres and by increasing the maximum permitted canopy projection from 1.5 metres to 3.5 metres is approved.” “Carried” 3.3 A2017-0016 Applicant: Tatra Valley Homes Owner: Janina Majerczyk 55 Cotton Street Part Lot 8, Concession 2 Former Township of Bowmanville Applications A2017-0016 to A2017-0021 were considered together. The applicant was not present to speak to the application. Members John Vinson and John Bate stated that the applicant should be present and felt it would be best to table the application. Member Shelley Pohjola abstained as she disagreed that the variance should be brought to the Committee of Adjustment as she stated it was not consistent with the legal principle of Clergy. Moved by Jim Vinson, Seconded by John Bate. “The application to permit the construction of a linked dwelling in the “Urban Residential Type One (R1)” zone is tabled to the next scheduled meeting of the Committee of Adjustment.” “Carried” 3.4 A2017-0017 Applicant: Tatra Valley Homes Owner: Janina Majerczyk 39 Cotton Street Part Lot 8, Concession 2 Former Township of Bowmanville Applications A2017-0016 to A2017-0021 were considered together. The applicant was not present to speak to the application. Members John Vinson and John Bate stated that the applicant should be present and felt it would be best to table the application. Member Shelley Pohjola abstained as she disagreed that the variance should be brought to the Committee of Adjustment as she stated it was not consistent with the legal principle of Clergy. Moved by Jim Vinson, Seconded by John Bate. “The application to permit the construction of a linked dwelling in the “Urban Residential Exception (R1-91)” zone is tabled to the next scheduled meeting of the Committee of Adjustment.” “Carried” 3.5 A2017-0018 Applicant: Tatra Valley Homes Owner: Janina Majerczyk 47 Cotton Street Part Lot 8, Concession 2 Former Township of Bowmanville Applications A2017-0016 to A2017-0021 were considered together. The applicant was not present to speak to the application. Members John Vinson and John Bate stated that the applicant should be present and felt it would be best to table the application. Member Shelley Pohjola abstained as she disagreed that the variance should be brought to the Committee of Adjustment as she stated it was not consistent with the legal principle of Clergy. Moved by Jim Vinson, Seconded by John Bate. “The application to permit the construction of a linked dwelling in the “Urban Residential Type One (R1)” zone is tabled to the next scheduled meeting of the Committee of Adjustment.” “Carried” 3.6 A2017-0019 Applicant: Tatra Valley Homes Owner: Janina Majerczyk 31 Cotton Street Part Lot 8, Concession 2 Former Township of Bowmanville Applications A2017-0016 to A2017-0021 were considered together. The applicant was not present to speak to the application. Members John Vinson and John Bate stated that the applicant should be present and felt it would be best to table the application. Member Shelley Pohjola abstained as she disagreed that the variance should be brought to the Committee of Adjustment as she stated it was not consistent with the legal principle of Clergy. Moved by Jim Vinson, Seconded by John Bate. “The application to permit the construction of a linked dwelling in the “Urban Residential Exception (R1-91)” zone is tabled to the next scheduled meeting of the Committee of Adjustment.” “Carried” 3.7 A2017-0020 Applicant: Tatra Valley Homes Owner: Janina Majerczyk 32 Cotton Street Part Lot 8, Concession 2 Former Township of Bowmanville Applications A2017-0016 to A2017-0021 were considered together. The applicant was not present to speak to the application. Members John Vinson and John Bate stated that the applicant should be present and felt it would be best to table the application. Member Shelley Pohjola abstained as she disagreed that the variance should be brought to the Committee of Adjustment as she stated it was not consistent with the legal principle of Clergy. Moved by Jim Vinson, Seconded by John Bate. “The application to permit the construction of a linked dwelling in the “Urban Residential Exception (R1-91)” zone is tabled to the next scheduled meeting of the Committee of Adjustment.” “Carried” 3.8 A2017-0021 Applicant: Tatra Valley Homes Owner: Janina Majerczyk 40 Cotton Street Part Lot 8, Concession 2 Former Township of Bowmanville Applications A2017-0016 to A2017-0021 were considered together. The applicant was not present to speak to the application. Members John Vinson and John Bate stated that the applicant should be present and felt it would be best to table the application. Member Shelley Pohjola abstained as she disagreed that the variance should be brought to the Committee of Adjustment as she stated it was not consistent with the legal principle of Clergy. Moved by Jim Vinson, Seconded by John Bate. “The application to permit the construction of a linked dwelling in the “Urban Residential Exception (R1-91)” zone is tabled to the next scheduled meeting of the Committee of Adjustment.” “Carried” Moved by Jim Vinson, Seconded by John Bate. “Based on our review of the application and all verbal and written comments received, 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 single-detached dwelling by reducing the minimum required exterior side yard setback to the dwelling from 4 metres to 3.36 metres and to the porch from 2 metres to 1.37 metres.” “Carried” 4. Adoption of Minutes of Previous Meeting Moved by Shelley Pohjola, seconded by André O’Bumsawin. “That the minutes of the meeting of the Committee of Adjustment, held on February 9, 2017 be approved.” 5. Other Business: Appeal date for the foregoing applications is March 22, 2017 Next Meeting of the Committee of Adjustment is March 23, 2017 6. Adjournment Moved by John Bate seconded by Jim Vinson. “That the meeting adjourn at 7:29 pm.”