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HomeMy WebLinkAbout2017-05-25 MinutesMinutes of the Committee of Adjustment Corporation of the Municipality of Clarington May 2 5, 2017 Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville Present Todd Taylor Chairperson André O’Bumsawin Vice Chairperson James Vinson Member Shelley Pohjola Member Away with notice John Bate Member Gord Wallace Member Amanda Watson: 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 A2017-0027 Applicant: Tim Cossette Owner: Richard and Debbie Roe 2171 Boundary Road, Burketon Part Lot 20, Concession 10 Former Township of Darlington Applicant, Tim Cossette 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, Shelley Pohjola asked a clarification question of staff regarding which natural feature the proposed structure was in proximity to. Planner, Amanda Watson explained the property itself is located within a significant woodland within the Oak Ridges Moraine. It was further described that the proposed location is entirely cleared already and the Conservation Authority has no objection to this proposal and the location. Minutes from May 25, 2017 Page 2 There were no further questions from the Committee or members of the public in objection or support. Moved by James Vinson, Seconded by Shelley Pohjola. “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 the construction of an accessory building by increasing the maximum permitted total floor area for all accessory buildings from 90 square metres to 132 square metres and by increasing the maximum permitted height for an accessory building from 4.5 metres to 5.2 metres is approved.” “Carried” 3.2 A2017-0028 Applicant/Owner: Beth Kelly/Valiant Rental Inc. 2366 and 2360 Highway 2, Bowmanville Part Lot 16, Concession 1, Former Town of Bowmanville Applicant, Beth Kelly 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 André O’Bumsawin, Seconded by Shelley Pohjola. “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 an increase on the maximum number of individual business establishments with a total floor area between 100 square metres to 300 square metres from six to twelve, resulting in four individual business establishments to be constructed in proposed Building “C” and two individual business establishments to be constructed in proposed Building “G” is approved.” “Carried” Minutes from May 25, 2017 Page 3 3.3 A2017-0029 Applicant/Owner: Peter Vardon 71 Forrester Drive, Bowmanville Part Lot 10, Concession 2, Former Township of Darlington Applicant, Peter Vardon 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, Shelley Pohjola asked the applicant for clarification regarding when the building permit was applied for, before or after the construction. Mr. Vardon explained that he received notice from a Municipal employee that the deck was not constructed legally and would require a permit. He came into the offices two days later to apply for both the building permit and the minor variance application. Committee Member, André O’Bumsawin asked a clarification question regarding the proposed setback to the deck. He believed the applicant was reducing the setback from 7.5 metres to 3.6 metres. Planner, Amanda Watson explained that the setback requirement to the deck is 6 metres. As depicted in Figure 1 on page 2 of the report, the setback being proposed is 4.38 metres. It was further explained that the majority of the deck is situated at 4.98 metres from the property line, meaning the bulk of the deck only projects 1.02 metres further than what is permitted within the Zoning By-law. Committee Member, André O’Bumsawin asked the applicant about the existing fence height relative to the deck and whether it would be negative for the neighbouring properties. Mr. Vardon explained that the fence is regular height (6 to 7 feet) and the majority of the deck is 2 feet off the ground. He believes that the larger deck is not invasive on the neighbouring properties. There were no further questions from the Committee or members of the public in objection or support. Moved by James Vinson, Seconded by Shelley Pohjola. “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 an existing rear yard deck by increasing the maximum permitted deck projection into the rear yard setback from 1.5 metres to 3.15 metres and to increase the maximum permitted lot coverage from 50% to 52.6% is approved.” Minutes from May 25, 2017 Page 4 3.4 A2017-0029 Applicant: Barry Chambers Owner: Noel Foley 49 Queen Street, Bowmanville Part Lot 11, Concession 1, Former Town of Bowmanville Applicant, Barry Chambers 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, Todd Taylor asked the applicant if he was aware of the condition of approval imposed on the application. Mr. Chambers stated he had no issued with the implementation of this condition and believes it is a better solution than what was originally proposed. The new configuration of the driveway makes it safer for the residents to maneuver in and out of the driveway. Committee Member, Shelley Pohjola asked staff about the statement in the report regarding no complaints on file since the 1880s. Planner, Amanda Watson explained we used the date on record from when the house was constructed. However, Staff did look into Municipal files and have no registered complaints regarding the property or its existing setbacks to the property line. There were no further questions from the Committee or members of the public in objection or support. Moved by Shelley Pohjola, Seconded by André O’Bumsawin. “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 the construction of a single detached dwelling by reducing the minimum required rear yard setback from 7.5 metres to 4.57 metres, be approved, subject to the following condition: 1. That the driveway be constructed as depicted on drawing SP-1 dated May 2017, received on May 18, 2017.” Minutes from May 25, 2017 Page 5 4. Adoption of Minutes of Previous Meeting Moved by Shelley Pohjola, seconded by James Vinson. “That the minutes of the meeting of the Committee of Adjustment, held on April 13, 2017 be approved subject to an amendment. In the meeting held on April 13, 2017, the committee noticed an error in the Staff Report prepared for application A2017-0026. The Minutes from the April 13, 2017 meeting must be updated to acknowledge that the conclusion portion of the report for application A2017-0026 state, “Based on Staff’s review of the application, and agency comments received, the application is considered 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 the Official Plan.” 5. Other Business: • Committee would like a portion added to all reports moving forward identifying whether a property has any heritage status, i.e., merit, secondary, primary or designated. • Planner, Amanda Watson explained to the Committee that application A2016- 0075 has been formally withdrawn and the property has been sold. A discussion about an e-mail received from the new Owners occurred. The e-mail, received on May 15, 2017 identifying that the new owners were not given any information about the existing minor variance application, and Staff is unsure whether they will proceed with a new minor variance application to try and legalize the business. Appeal date for the foregoing applications is June 14, 2017 Next Meeting of the Committee of Adjustment is June 15, 2017 6. Adjournment Moved by Shelley Pohjola seconded by James Vinson. “That the meeting adjourn at 7:50 pm.”