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HomeMy WebLinkAbout2018-05-24 MinutesMinutes of the Committee of Adjustment Corporation of the Municipality of Clarington May 24, 2018 Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville Present Todd Taylor Andre O'Bumsawin Gord Wallace Shelley Pohjola Away with notice James Vinson John Bate Amanda Watson: Acting Secretary -Treasurer 1. Call to Order Chairperson Vice Chairperson Member Member Chairperson, Todd Taylor called the meeting to order at 7:OOpm 2. Disclosures of Pecuniary Interest There were no pecuniary interests stated for this meeting 3. Applications 3.1 A2018-0026 Applicant/Owner: Allen VanderWal 64 Elgin Street, Bowmanville Part Lot 12, Concession 2 Former Township of Darlington Member Member The applicant, Allen VanderWal, 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 whether the proposed floor plans/building plans have changed since the last meeting of the Committee of Adjustment held on April 26, 2018. Mr. VanderWal responded that there has been no change in the proposed plans, the proposal includes a 1 storey enclosed porch addition on the south side of the existing dwelling. Committee Member, Andre O'Bumsawin, referred to the site plan drawing, provided by the applicant, and asked whether the driveway location indicated on the site plan drawing was where the driveway is currently located. Mr. VanderWal responded indicating there was an error on the site plan, where it shows a "driveway" on the south side should be labelled "walkway". The property currently has two driveways, one off of Elgin Street and one off of Odell Street. Committee Member, Andre O'Bumsawin, asked the applicant if he was aware of where the property line was located on the south-easterly portion of the property. He further asked why the relief from the exterior side yard was requested to be reduced to 1.2 metres. Mr. VanderWal indicated the exterior side yard relief was included in the minor variance application based on Staff's advice. Planner, Amanda Tapp, responded explaining that the property partially abuts an unopened section of Odell Street. Therefore, currently, the dwelling is situated within the 6 metre exterior sideyard setback requirement and without the reduction, the applicant would not be permitted to construct the proposed enclosed porch, as it would encroach further into the required side yard setback. Upon review of the submitted plans, the enclosed porch will be 3.75 metres from the exterior side yard. The 1.2 metres setback is being provided to allow Mr. Vanderwal a typical interior side yard setback in an urban residential setting as the decrease in setback proposed is located to the exterior side yard which. That being said, as per section 3.22 of the Zoning Bylaw "Notwithstanding any provision of this By-law to the contrary, the following minimum setbacks shall apply to the specified building and structures.... No building containing a residential or institutional use shall be located closer than 30 metres from any railway property. In this case, we are varying the 30 metres to 15 metres (with CP's written approval), therefore, the setback to the CP rail supersedes any side yard setbacks — including the 1.2 metres. Committee Member, Shelley Pohjola asked Staff where the sanitary sewer within the road allowance is servicing and does the Municipality have plans to close and convey that unopened road allowance. Planner, Amanda Tapp responded servicing questions would be directly for Regional Staff therefore I cannot confirm and while it is not my understanding this is the case, unsure whether there is any plans to close and convey the unopened road allowance. There were no further questions from the Committee or members of the public in objection or support. Moved by Gord Wallace, Seconded by Andre 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 and the Official Plans. The application to permit a reduction of the required setback from the Canadian Pacific Railway property line from 30 metres to 15 metres and a reduction to the exterior side yard setback from 6 metres to 1.2 metres to accommodate a future house addition is approved." "Carried" 3.2 A2018-0029 Applicant/Owner: Peter and Rosalia Muhi 5 Summerlea Court, Courtice Part Lot 35, Concession 2 Former Township of Darlington The applicant, Rosalia Muhi, 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 Shelley Pohjola, Seconded by Andre 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 and the Official Plans. The application to permit a four season sunroom by reducing the minimum required rear yard setback from 7.5 metres to 6 metres is approved." "Carried" 4. Adoption of Minutes of Previous Meeting Moved by Shelley Pohjola, seconded by Andre O'Bumsawin. "That the minutes of the meeting of the Committee of Adjustment, held on April 26, 2018 be approved" 5. Other Business: x Appeal date for the foregoing applications is June 13, 2018. x Next Meeting of the Committee of Adjustment is June 7, 2018. 6. Adjournment Moved by Andre O'Bumsawin seconded by Shelley Pohjola. "That the meeting adjourn at 7:27pm."