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HomeMy WebLinkAbout2019-03-21 MInutesMinutes of the Committee of Adjustment Corporation of the Municipality of Clarington March 21, 2019 Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville Present Todd Taylor John Bate Dave Eastman Glynn Green Shelley Pohjola Gord Wallace Mark Jull 1. Call to Order Chairperson Member Member Member Member Member Acting Secretary -Treasurer 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. However, Dave Eastman declared a conflict of interest regarding A2019-0008 (50 James Street, Newcastle) because he is a neighbour and his driveway fronts on James Street. 3. Applications: 3.1 A2019-0006 Applicant: Larry and Shirley Parnell Owner: Larry and Shirley Parnell 111 Courtney Street, Bowmanville One of the applicants, Shirley Parnell, made a verbal presentation to the Committee in favour of the application. The explanation for the proposed variance was similar to what was outlined in the report prepared for this application. She explained her husband, Larry, has a disability and requires a deck to access the out of doors for quality of life. She explained they have planted trees for privacy and that a neighbour has a deck of similar size. Committee member Glynn Green asked if the door to access the deck is on the main floor. Shirley Parnell answer in the affirmative, explaining the dwelling is a raised bungalow and there would be no exterior stairs to the deck. Glen Murray, a neighbour at 99 Courtney Street, spoke in favour of the application, stating that he was present to show his support. He confirmed the already stated reasons for the application, emphasizing the deck is necessary to access the backyard. Moved by John Bate, Seconded by Glynn Green. Committee of Adjustment Minutes March 21, 2019 "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 for a minor variance to Section 3.1.g.iv of Zoning By-law 84-63 to increase the permitted deck projection into the rear yard from 1.5 metres to 3 metres, resulting in a 4.5 metre distance from the rear yard lot line to a proposed deck be APPROVED." "Carried" 3.2 A2019-0007 Applicant: Dan McLellan Owner: Dan McLellan 7 Hillside Court, Solina The applicant, Dan McLellan, made a verbal presentation to the Committee in favour of the application. The explanation for the proposed variance was similar to what was outlined in the report prepared for this application. The applicant stated he did not realize the full extent of his children's needs and that the proposed loft would satisfy those needs. Committee Member, Glynn Green, asked how many children the applicant has. The applicant responded he has 5 dependents, including adults. Moved by Shelley Pohjola, Seconded by Dave Eastman. "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 for a minor variance to Section 3.1 c of the General Provisions of Zoning By-law 84-63 to permit the construction of a loft area in a detached garage by increasing the maximum permitted floor area for all accessory buildings from 90 squares metres to 140 square metres and the maximum permitted accessory building height from 4.5 metres to 5.65 metres be APPROVED." "Carried" 3.3 A2019-0008 Applicant: Paul Halminen Owner: Paul Halminen 50 James Street East, Newcastle Committee Member, Dave Eastman, declared a conflict of interest because he is a neighbour with a driveway that fronts on James Street roughly 50 feet (15 metres) from Committee of Adjustment Minutes March 21, 2019 the subject property. Mr. Eastman sat away from the table and did not speak or communicate in any manner to the Committee while hearing this application. The applicant, Paul Halminen of Storybrook Holdings, made a verbal presentation to the Committee in favour of the application. The explanation for the proposed variance was similar to what was outlined in the report prepared for this application. The applicant stated the lot was relatively shallow and he requires the requested extra width. Committee Member, Shelley Pohjola, asked staff if there were plans to put sidewalks on James or Beaver Street. Staff member, Mark Jull, replied that Clarington's Engineering had provided comments on the application and did not state that sidewalks were planned for either street. Committee Member, Gord Wallace, stated that he lives nearby and that very few people walk and there is no need for sidewalks. Committee Member, Shelley Pohjola, clarified that her question was in regard to the "public realm" as mentioned in the report and that she now understands that is from the perspective of motorists. Committee Member, Shelley Pohjola, asked staff a question regarding the difference between a "sight triangle" and a "visibility triangle." Staff member, Mark Jull, attempted to locate the appropriate section in Zoning By-law 84-63 to clarify the difference. However, Committee Member, Shelley Pohjola, explained that she did, in fact, know the difference, but that it might be a good educational opportunity for the other Committee Members. Staff member, Mark Jull, sought to rephrase the report's justification for the minor variance with regard to the visibility triangle (that the part of the dwelling that encroaches on the visibility triangle is an open porch). Committee Member, Glynn Green spoke to the issue of the visibility triangle, stating that it was a quiet area and the small encroachment should not pose significant issues. Moved by Gord Wallace, 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 and the Official Plans. The application for a minor variance to permit the construction of a single detached dwelling by reducing the minimum required exterior side yard setback from 6 metres to 4 metres be APPROVED." "Carried" 4. Adoption of Minutes of Previous Meeting Moved by Dave Eastman, seconded by Glynn Green. "That the minutes of the Committee of Adjustment, held on March 21, 2019, be APPROVED." "Carried" Committee of Adjustment Minutes March 21, 2019 5. Other Business: Moved by Glynn Green, seconded by Shelley Pohjola: "That the Decision and Minutes of the Committee of Adjustment from January 31, 2018 be adopted as corrected." "Carried" x Appeal date for the foregoing applications is April 10, 2019. x Next Meeting of the Committee of Adjustment is April 18, 2019. 6. Adjournment Moved by Dave Eastman, seconded by Shelley Pohjola seconded by Glynn Green. "That the meeting adjourn at 7:25 pm."