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HomeMy WebLinkAbout2017-07-20 MinutesMinutes of the Committee of Adjustment Corporation of the Municipality of Clarington July 20, 2017 Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville Present Todd Taylor Chairperson Andre O'Bumsawin Vice Chairperson James Vinson Member Shelley Pohjola Member John Bate 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 A2017-0036 Applicant: Matthew MacLeod Owner: Chris Haley 67 Barchard Street, Newcastle Part Lot 29, Concession 2 Former Township of Clarke Applicant, Matthew MacLeod 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 further questions from the Committee or members of the public in objection or support. Moved by John Bate, 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 a deck to the rear of a single detached dwelling by increasing the maximum permitted lot coverage from 40% to 45% in the "R1-67" zone is approved." "Carried" 3.2 A2017-0037 Applicant/Owner: 2501338 Ontario Ltd. (City Homes) 21 Lionel Byam Drive, Enniskillen Part Lot 18, Concession 8, Former Township of Darlington Application A2017-0037 to A2017-0039 were considered together. Applicant, Jamie Maclnnis, 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. Member, Andre O'Bumsawin, asked staff member, David Addington, how height is measured. Mr. Addington explained that it was measured from the lowest point of finished grade adjacent to each wall of the dwelling. Mr. O'Bumsawin asked the applicant what the approximate rear yard setback from the dwelling was and Mr. Maclnnis stated that it was approximately 70 metres. 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. "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 increasing the maximum permitted height from 10.5 metres to 11.1 metres is approved." "Carried" 3.3 A2017-0038 Applicant/Owner: 2501338 Ontario Ltd. (City Homes) 34 Lionel Byam Drive, Enniskillen Part Lot 18, Concession 8, Former Township of Darlington Application A2017-0037 to A2017-0039 were considered together. Applicant, Jamie Maclnnis, 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. Member, Andre O'Bumsawin, asked staff member, David Addington, how height is measured. Mr. Addington explained that it was measured from the lowest point of finished grade adjacent to each wall of the dwelling. Mr. O'Bumsawin asked the applicant what the approximate rear yard setback from the dwelling was and Mr. Maclnnis stated that it was approximately 70 metres. There were no further questions from the Committee or members of the public in objection or support. Moved by Shelley Pojola, Seconded by Gord Wallace. "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 increasing the maximum permitted height from 10.5 metres to 11.6 metres is approved." "Carried" 3.4 A2017-0039 Applicant/Owner: 2501338 Ontario Ltd. (City Homes) 22 Lionel Byam Drive, Enniskillen Part Lot 18, Concession 8, Former Township of Darlington Application A2017-0037 to A2017-0039 were considered together Applicant, Jamie Maclnnis, 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. Member, Andre O'Bumsawin, asked staff member, David Addington, how height is measured. Mr. Addington explained that it was measured from the lowest point of finished grade adjacent to each wall of the dwelling. Mr. O'Bumsawin asked the applicant what the approximate rear yard setback from the dwelling was and Mr. Maclnnis stated that it was approximately 70 metres. There were no further questions from the Committee or members of the public in objection or support. Moved by Shelley Pojola, Seconded by Gord Wallace. "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 increasing the maximum permitted height from 10.5 metres to 11.6 metres is approved." "Carried" 3.5 A2017-0040 Applicant: Usha Ramesh Owner: Ramesh Suntharalingam 1428 Gord Vinson Avenue, Courtice Part Lot 35, Concession 2, Former Township of Darlington Applicant, Usha Ramesh, 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. Member, Andre O'Bumsawin, asked the applicant if the second floor deck was to provide egress from the second floor door and the applicant stated that it was. The applicant stated that the home was purchased with a second floor door. Mr. O'Bumsawin stated that it was odd that the builder would include a second storey door without any railing. Member, Shelley Pohjola, asked staff member, David Addington, if the existing structure was built without a permit and Mr. Addington stated that he believed it was and the applicant confirmed this. Mr. O'Bumsawin stated that it seemed possible that a second storey deck would create privacy concerns for neighbours to the rear. Mr. Addington confirmed that there are stacked townhouses to the rear which face the backyard of the subject property and are separated from the subject property by a road. Mr. O'Bumsawin asked if there were other houses that had a second storey door like the subject property and Mr. Addington stated that he was not aware. Ms. Ramesh stated their home was the only one with this door. There were no further questions from the Committee or members of the public in objection or support. Moved by Gord Wallace, Seconded by Jim 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 or the Official Plan. The application to legalize an existing deck and shade area to the rear of a single detached dwelling by increasing the maximum permitted lot coverage from 40% to 45% in the "R1" zone is approved." "Carried" 3.6 A2017-0041 Applicant/Owner: Shawnna Burgess 5821 Ochonski Road, Clarke Part Lot 30, Concession 5, Former Township of Clarke Applicant, Shawnna Burgess, 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 Jim Vinson, Seconded by Gord Wallace. "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 installation of an in -ground pool on a rural residential lot within the Environmental Protection (EP) zone is approved." "Carried" 3.7 A2017-0042 Applicant/Owner: Verdon and Marilyn Kent 15 Bloom Avenue, Newcastle Part Lot 26, Concession 1, Former Township of Clarke Applicant, Marilyn Verdon, 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. Member, Andre O'Bumsawin, stated that the current deck does not comply with the By- law and asked staff member, David Addington, to confirm this. Mr. Addington stated that it did not comply. There were no further questions from the Committee or members of the public in objection or support. Moved by John Bate, 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 a sunroom to the rear of a single detached dwelling by reducing minimum required rear yard setback from 7.5 metres to 4.6 metres is approved." "Carried" 3.8 A2017-0043 Applicant/Owner: Enzo Bertucci (Lanarose Homes Ltd.) 70 Shipway Avenue, Port of Newcastle Part Lot 28, Concession BFC, Former Township of Clarke Applicant, Enzo Bertucci, 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. Member, Andre O'Bumsawin, requested clarification that 3 of the visitor spaces would be accessible and the applicant confirmed this. Staff member, David Addington, clarified how the number of accessible visitor spaces was calculated in the Zoning By-law. Member, Shelley Pohjola, asked if a parking study had been provided and Mr. Bertucci stated that he was not aware if one being required previously, however, a traffic impact study had been required. Mr. Addington also stated that he was not aware if a parking study was submitted, however, a parking study would be required going forward as part of the site plan applications for the remaining three buildings on the site. Ms. Pohjola asked if the on -street parking on Lakebreeze Drive would be able to compensate for the loss of on-site visitor spaces given existing congestion in the area. Mr. Bertucci stated that yes it should be sufficient with the 65 spaces to be built on Lakebreeze Drive. Ms. Pohjola asked staff how the availability of transit was assessed and if its impact was studied and Mr. Addington stated that its impact wasn't specifically studied but does provide an alternative that could potentially reduce the demand for parking, and together with the other parking options in the area, should accommodate the anticipated parking demand. Mr. Addington further emphasized that further parking studies will be required as part of future site plan applications for the remaining buildings to assess the area's parking situation. Ms. Pohjola asked staff if there were any anticipated issues and Mr. Addington stated that issues are not anticipated. Mr. O'Bumsawin asked if the loss of the 12 visitor spaces could be picked up on the site going forward and Mr. Bertucci stated that he did not want to commit to that at the present time if the future parking studies showed it was not needed but they will accommodate any deficiency if there proves to be any parking issues through the further development of the site. There were no further questions from the Committee or members of the public in objection or support. Moved by Gord Wallace, Seconded by Jim 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 or the Official Plan. The application to reduce the minimum required visitor parking spaces from 31 to 19 for two four storey residential buildings is approved." "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 June 15, 2017 be approved." 5. Other Business: • Chair, Todd Taylor, will be absent from the next scheduled meeting. Appeal date for the foregoing applications is August 9, 2017 Next Meeting of the Committee of Adjustment is August 10, 2017 6. Adjournment Moved by Shelley Pohjola seconded by John Bate. "That the meeting adjourn at 7:47 pm."