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HomeMy WebLinkAbout2017-04-13 MInutesMinutes of the Committee of Adjustment Corporation of the Municipality of Clarington April 13, 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 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 A2017-0026 Applicant/Owner: Quentin D’Souza 14 Lockhart Gate Part Lot 13, Concession 1 Former Town of Bowmanville Applicant, Quentin D’Souza 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. Chair, Todd Taylor, asked the Applicant if he agreed with the conditions recommended to the approval of the variance and the Applicant stated that he was in agreement with the conditions. Member, Andre O’Bumsawin, asked if an apartment required a certain number of parking spaces. Staff member, David Addington, responded there was a requirement for one additional parking space of the apartment. Member, Gord Wallace, asked if parking was allowed on the driveway apron and stated that approving such a variance may be handcuffing the ability to widen the sidewalk in the future. Mr. Addington referred to the Engineering Department comments in the staff report for the Committee of Adjustment Minutes April 13, 2017 Page 2 application. Member, Shelley Pohjola, asked staff about the Municipality’s apartment approval process and Mr. Addington responded by clarifying the process. Mr. Wallace stated that he objected to being put in the position of constraining the ability of the Municipality to potentially widen the sidewalk in the future through this variance. Additionally, Mr. Wallace stated that the Engineering Department should have stated in their comments that they would never require a sidewalk widening. Ms. Pohjola recommended amending the wording of the condition to the approval of the application. There were no further questions from the Committee or members of the public in objection or support. Moved by Andre O’Bumsawin, Seconded by John Bate. Gord Wallace abstained. “Based on our review of the application, 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 or the Official Plan. The application to permit a reduction in length for a third parking space from 5.7 metres to 5.2 meters to accommodate a proposed Apartment-in-House is approved subject to the condition that the applicant remove the existing deck on the south side of the dwelling and apply for and be issued a Building Permit for a new smaller deck as well as the Apartment-in-House, prior to the issuance of the Apartment-in-House certificate.” “Carried” 3.2 A2016-0075 Applicant: Aitchison Law Office Owner: Dale and Susan Thompson 3621 Courtice Road Part Lot 28, Concession 3 Former Township of Darlington There was no one in attendance to represent the application. Member, Shelley Pohjola, stated that the Applicant had submitted a letter asking for a further tabling of the application and that this would be an appropriate course of action given the Applicant’s intention to withdraw the application after the sale of the property was finalized. Member, Gord Wallace, concurred with this approach. Chair, Todd Taylor, stated that the Committee wasn’t required to grant the Applicant’s request and that they could make a decision on the application or table the application. Staff member, David Addington, stated that the Committee had all the necessary information to make a decision and that the initial staff recommendation had not changed since the January Committee of Adjustment meeting nor had any new information been forwarded by the property owner to address concerns noted in the staff report. Mr. Addington stated that a decision should be made independently of the current sales status of the property as the variance applies to the subject property and not the Committee of Adjustment Minutes April 13, 2017 Page 3 particular owner. Additionally, Mr. Addington stated that it would be desirable to have an outcome on the matter to ensure any future owner has certainty as to the permitted land uses. Ms. Pohjola stated that this wouldn’t be a concern as a buyer’s lawyer would inquire as to what land uses are permitted in the Zoning for the subject property. Ms. Pohjola stated that the owner had the right to have his lawyer present to ensure procedural fairness. Mr. Addington stated that the owner had three opportunities to have his lawyer represent the application but had not yet attended any meetings. There were no further questions from the Committee or members of the public in objection or support. Moved by Shelley Pohjola, Seconded by Gord Wallace. Andre O’Bumsawin abstained. “To table the application to a future meeting of the Committee of Adjustment.” “Carried” 4. Adoption of Minutes of Previous Meeting Moved by John Bate, seconded by Jim Vinson. Shelley Pohjola abstained. “That the minutes of the meeting of the Committee of Adjustment, held on March 23, 2017 be approved.” 5. Other Business: In regards to applications A2017-0016-A2017-0021, Member Shelley Pohjola stated that she had provided her objections to senior Planning Staff related to the application of the Clergy principle. She had not received a response to her objections to date and asked for a response for the next meeting of the Committee of Adjustment. Chair, Todd Taylor stated that a formal written response would be expected. Appeal date for the foregoing applications is May 3, 2017. Next Meeting of the Committee of Adjustment is to be decided. 6. Adjournment Moved by Andre O’Bumsawin seconded by John Bate. “That the meeting adjourn at 7:34 pm.”