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HomeMy WebLinkAbout2017-06-15 MinutesMinutes of the Committee of Adjustment Corporation of the Municipality of Clarington June 15, 2017 Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville Present Todd Taylor John Bate James Vinson Shelley Pohjola Gord Wallace Away with notice Amanda Watson 1. Call to Order Andre O'Bumsawin Acting Secretary -Treasurer Chairperson Member Member Member Member Vice Chairperson 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 A2017-0031 Owner/Applicant: Lee deBoo 75 Duke Street, Bowmanville Part Lot 11, Concession 1 Former Town of Bowmanville Applicant, Lee DeBoo made a verbal presentation to the Committee regarding the application. The explanation for the proposed variance was similar to what was outlined in the Staff report prepared for this application. David Duncan, a neighbouring resident spoke in objection to the application. His concerns relating to the application were related to: • The proposed lot being too small, • The smaller lot causing a safety hazard. New dwelling being located too close to the property line, and • The proposed lot and dwelling being an eye sore to the existing neighbourhood. Chairperson Todd Taylor responded to Mr. Duncan's concerns by stating it is the Committee of Adjustments responsibility to follow the Planning Act and consider the four tests of a minor variance. Concerns such as the ones outlined have a forum to be addressed through the Land Division process and any safety concerns are for the Building Division to address during the Building Permit application and review process. Mr. Duncan explained that there are other neighbours in objection that are not present at the meeting. Todd Taylor, asked for it to be put on record that we received two letters, one from Mr. Duncan and one from a Mrs. Hayes. Further, there was a petition which four residents signed in objection to the proposal. Committee Member, Shelley Pohjola reiterated the portion of Mr. deBoo's verbal presentation where he stated the lot will eventually be for his mother and father in-law. She further asked why this had not been brought up prior to this meeting (i.e., in the Staff Report or in the letter the applicant provided to his neighbours). Mr. DeBoo described that he had not brought it up prior to this meeting, but it is not new information. There were no further questions from the Committee or members of the public in objection or support. Moved by James Vinson, Seconded by Gord Wallace. "Based on our review of the application, all verbal and written 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 the Official Plan. The application to reduce the minimum required lot frontage from 15 metres to 14.02 metres to facilitate a future Land Division application for a new building lot is approved." "Carried" 3.2 A2017-0032 Applicant: Fay Veltri Owner: Veltri and Son Limited 27 and 29 Borland Court, Bowmanville Part Lot 11, Concession 2, Former Town of Bowmanville Owner, Frank Veltri made a verbal presentation to the Committee regarding the application. The explanation for the proposed variance was similar to what was outlined in the Staff report prepared for this application. Committee Member, Shelley Pohjola asked the applicant when the application to create the lot was submitted to the Land Division committee, which date in September of 2015? Mr. Veltri was not aware of the exact date. Mrs. Pohjola referred the question to Staff. Planner, Amanda Watson responded the application was made in September of 2015, prior to the General Zoning By-law Amendment being passed on September 21, 2015 (Confirmed later that evening - the exact date the application was made to the Land Division Committee was on September 16, 2015). There were no further questions from the Committee or members of the public in objection or support. Moved by Gord Wallace, Seconded by John Bate. "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 and the Official Plan. The application to permit the construction of a linked dwelling in the "Urban Residential (R1) zone" is approved." "Carried" 3.3 A2017-0033 Applicant: R. Bouma Construction Inc. 70 Lambs Lane, Bowmanville Part Lot 12, Concession 2, Former Town of Bowmanville Applicant, Richard Bouma made a verbal presentation to the Committee regarding the application. The explanation for the proposed variance was similar to what was outlined in the Staff report prepared for this application. Chair Person Todd Taylor asked if the applicant was aware and accepting of the conditions recommended by Staff on the approval of this minor variance application. Mr. Bouma responded that he had the time to review the report and had no objection to the recommended conditions. Committee member Gord Wallace asked Staff to clarify to the applicant to ensure the second condition was understood, which states: "The existing and proposed dwelling on both the retained and severed lot meet all setback requirements for the R1 Zone." Planner, Amanda Watson read the condition aloud to the applicant and explained that the construction of the new dwelling on the severed lot would be required to comply with all setbacks in the "R1" zone, a minor variance would not be supported. Further, the retained dwelling must comply with the interior side yard setback of 1.2 metres once the severance is completed. Mr. Bouma had no concerns with this condition. Committee Member, Shelley Pohjola asked a question to Staff regarding the different process between A2017-0031 and A2017-0033 in which one the application to Land Division had not been made and the other the application had been made and approved. Planner, Amanda Watson clarified we cannot regulate the way an applicant proceeds with an application. The process is generally carried out at the applicant's discretion. There were no further questions from the Committee or members of the public in objection or support. Moved by Shelley Pohjola, Seconded by John Bate. "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 and the Official Plan. The application to reduce the minimum required lot frontage from 15 metres to 14.35 metres to fulfill a condition of the Land Division Committee for a new building lot is approved, subject to the following conditions: 1) The most northerly existing garage bay be removed; and 2) The existing and proposed dwelling on both the retained and severed lot meet all setback requirements for the R1 Zone." "Carried" 3.4 A2017-0034 Applicant/Owner: Line Desbiens 71 Hutton Place, Bowmanville Part Lot 8, Concession 2, Former Town of Bowmanville Applicant, Line Desbiens made a verbal presentation to the Committee regarding the application. The explanation for the proposed variance was similar to what was outlined in the Staff report prepared for this application. Committee Member, Shelley Pohjola asked the applicant how long the pool had been on the property and whether the grading work was done at the same time as the pool installation. The applicant responded that the pool was installed on the property in the fall of 2016 and that the grading work had been completed at the same time. There were no further questions from the Committee or members of the public in objection or support. Moved by John Bate, Seconded by James Vinson. "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 and the Official Plan. The application to permit an existing above ground pool by reducing the minimum required setback from 1.2 metres to 0.88 metres is approved." "Carried" 3.5 A2017-0035 Applicant/Owner: Bernie Katona 14 Ann Street, Bowmanville Part Lot 11, Concession 1, Former Town of Bowmanville Applicant, Bernie Katona made a verbal presentation to the Committee regarding the application. The explanation for the proposed variance was similar to what was outlined in the Staff report prepared for this application. Committee Member, Todd Taylor asked the applicant if he was aware of the condition of approval recommended on the application. Mr. Katona stated he had no issued with the implementation of this condition. There were no further questions from the Committee or members of the public in objection or support. Moved by James Vinson, Seconded by John Bate. "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 and the Official Plan. The application to permit an existing above ground pool by reducing the minimum required setback from 1.2 metres to 0.88 metres is approved, subject to the following condition; 1) That the pool water be discharged onto Ann Street where it will flow into the storm sewers, rather than into the "EP" zoned lands." "Carried" 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 May 25, 2017 be approved." 5. Other Business: • See "Summary of Post Meeting Discussion" dated June 15, 2017 which took place from 7:50 pm to 8:30 pm. Appeal date for the foregoing applications is July 5, 2017. Next Meeting of the Committee of Adjustment is July 20, 2017 6. Adjournment Moved by John Bate seconded by Gord Wallace. "That the meeting adjourn at 7:50 pm." Summary of Post Meeting Discussion Committee of Adjustment Corporation of the Municipality of Clarington June 15, 2017 Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville Present Todd Taylor Chairperson John Bate Member James Vinson Member Shelley Pohjola Member Gord Wallace Member Away with notice Andre O'Bumsawin Vice Chairperson Amanda Watson: Acting Secretary -Treasurer The Committee members requested a meeting with Staff to discuss Committee of Adjustment application processes and related applications and By-laws.