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HomeMy WebLinkAbout2019-11-21 MinutesCiarftwn Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington November 21, 2019 Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville Present Regrets 1. Call to Order Todd Taylor Dave Eastman Gord Wallace Noel Gamble Mark Jull Shelly Pohjola Chairperson 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. 3. Applications: 3.1 A2019-0034 Applicant: Clinton Dochuk (Hom Drafting) Owner: Todd Smith 252 Baldwin St., Newcastle The applicant, Clinton Dochuk, gave a verbal presentation to the Committee in favour of the application. The applicant spoke about the tabling of this application in October due to grading and drainage issues. The applicant clarified to the Committee the problems and subsequent resolution of the grading and drainage issues. He also stated that a hedge on the south side of the property is on the subject property. No committee members had questions or comments at this point. Resident Jacqueline Lake (254 Baldwin) spoke in opposition to the application. She provided the same letter she provided at the October meeting outlining her concerns. She stated she received the mailed notice the day of the meeting. She stated the hedge Dochuk mentioned is on her property. Member Noel Gamble asked the applicant if a downspout for the house on the subject property drained onto hedge. Lake replied that it did and showed photos to the Committee Members. These photos were in a photo album and not provided for the Municipality to keep on file. Minutes from November 21, 2019 Page 2 Member Gord Wallace asked what this hedge had to do with the application about lot coverage. Lake answered that it had to do with drainage. Wallace replied that the application is not about drainage but lot coverage. Resident Dave Dakers (249 Baldwin) spoke in opposition to the application. He stated he has witnessed the entire construction of the house on the subject property which he described as "gong show." He claimed they did not obtain building permits, the police were on site, that the site filled with water, so they had to add gravel, and they destroyed the hedge. He understood that mistakes can happen. He stated the new house is too big and that a person has to turn sideways to walk the side yards. He stated he feels disillusionment and apprehension because the minor variance doesn't seem like much, but it's an exception and setting a precedent. Chairperson Todd Taylor interrupted to explain that minor variances do not create precedent. He reminded Dakers of the Committee's mandate to decide on the application based on the four test and asked that he wrap up his comments. Dakers replied that he has a family and that there are going to be two new houses built nearby soon and we are setting a precedent and that we're going to allow this on other properties. Resident Carey CB-Lamontange spoke in opposition to the application. She stated the previous speaker (Dakers) was not exaggerating. She sought to address the four tests and began to read the beginning of the Clarington Official Plan. She also read sections of the Provincial Policy Statement. She stated that when the subdivision was built, 40% lot coverage was a "sticking point." She stated that the building permit for the house is a "numbers game" and that the house covers more than 40% of the lot. She stated that a 10-foot setback is now a 4-foot setback. She stated that the house costs so much now it cannot be bought by a local person in Newcastle and that only someone from far away will be able to afford it and they will then have a long commute and this does not conform to the Provincial Policy Statement. She stated she had to remove windows on her house because the people in the subject property can see in her house and they can see into her pool. She showed the Committee a picture she took from her hot tub of the subject property. This photo was not provided to the Municipality to be kept on file. After 10:00 minutes, Chairperson Taylor interrupted the resident to remind everyone of the Committee's mandate regarding the application and the four tests. He stated he was now going to ask the Committee if they had questions for her so there would be time for others to speak. Taylor asked her to briefly finalize her statements. CB-Lamontange stated "this has all been done" and that nothing she or anyone says at the meeting will affect the decision. She asked the applicant if they could reposition the stairs from the deck to go south rather than north so people on the stairs could not see into her yard. The applicant (Dochuk) consulted with the owner (Todd Smith) who was present in the audience. Dochuk replied that they would like to keep the stairs as they are. Chairperson Taylor asked the Committee if anyone had any questions. No committee members had questions or comments. Minutes from November 21, 2019 Page 3 No other persons spoke in support or opposition of the application. Moved by Dave Eastman, 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, is considered desirable for the appropriate development or use of the land and maintains the general intent and purpose of the Zoning By-law, the Durham Region Official Plan and Clarington Official Plan. That application A2019-0034 for a minor variance to Section 12.2 f. i) of Zoning By-law 84-63 to permit an addition to two attached decks by increasing the permitted lot coverage from 40% to 40.79% be approved." "Carried" 3.2 A2019-0039 & A2019-0040 Applicant: George Lysyk Owner: George Lysyk 11 Fourth Ave, Courtice The applicant, George Lysyk, gave a verbal presentation to the Committee in favour of the application. The applicant explained the situation with the property and potential land divisions as outlined in the report. He stated he had a meeting with Clarington Planning prior to these applications. He briefly spoke to the four tests, stating the applications passes all tests. He stated that he can have a total of three lots on the property without any variances, but he was trying to preserve the streetscape by maintaining the existing house. He argued a new house where the existing house is would be bad for the neighbour to the south as they would have a rear yard abutting the side of their front yard and driveway. He stated the variances are for lot size deficiencies of less than 5% and he will have to provide a grading plan as part of the land division. He referred to Provincial policy which says we should be intensifying and that's what this application is about. Resident Carlo Aloe (48 Westmore) spoke in opposition to the application. He stated he has lived in the neighbourhood for 39 years. He said the smaller lots referenced in the recommendation report were created before the 2016 rezoning, and the rezoning was a compromise. He stated he loves the neighbourhood and wants to maintain it. He described the variance as a "travesty" and would like to see three nice new homes. He stated that he did not receive notice and asked for an explanation about the mailed notice. Staff member Mark Jull stated he was aware of concerns about the mailed notice and looked into the issue prior to the meeting and prepared some notes on the issue and explained the following. Planning Staff prepared and mailed out notices and put them in our outbox late in the day Thursday November 7th. Staff confirmed with Clerks (who oversees mail) that notices were picked up from our outbox early Friday morning and were delivered to Canada Post on November 8th around noon. The mail person remembers because there were approximately 5000 letters from Planning that had to do with Zone Clarington that morning. The Municipality has been receiving a lot of returned mail from the Zone Clarington mail out, but no Committee of Adjustment notices have been returned as undeliverable. Jull explained that the Planning Act requires notice be Minutes from November 21, 2019 Page 4 given at least 10 days prior to the meeting notice and signs were picked up by applicants and notices were delivered to Canada Post on November 8th, which was 13 days before the meeting. Resident Teresa Palonen (55 Westmore) spoke in opposition to the application. She said she agreed with the previous speaker (Aloe). She stated this is about character of the neighbourhood and really only wants one house on the property, but if there is to be three she would rather it be three new houses and that this would maintain the character of the neighbourhood. She stated that two new houses beside the existing one will look odd. Resident Pauline Beaton (56 Westmore) spoke in opposition to the application. She stated she did not receive notice and agreed with the previous speakers (Aloe and Palonen). She stated the rezoning was done to keep the current homes and was happy with the compromise as new homes would be in keeping with the neighbourhood. She stated the existing bungalow on the subject property is in need of renovation and has a very large frontage. She stated that keeping the existing dwelling with two new dwellings will look odd. She was also concerned there could be basement apartments, more traffic, and dangerous for children who walk to school. She stated she would prefer the existing dwelling remain with only one new house, or three new houses. Committee Member Gord Wallace stated that, while Beaton would prefer the existing house be torn down, that is not what is in front of the Committee right now; it's about the 5.5 m rear yard and reduced lot sizes. Resident Diane Siegel (7 Fourth Ave) spoke in favour of the application. She stated that she would like the existing dwelling to remain as it is properly situated in relation to her dwelling and property. A new dwelling would likely mean a rear yard would abut the side of her front yard. She stated her life savings are invested in her home and fears it would be significantly devalued if a new home were constructed next to hers. Real Estate Agent Emilio Zingone (412 Taunton Road, Ajax) spoke in favour of the application. He stated he was the agent who sold the property to Lysyk. He stated that Lysyk at first thought he could get two lots, but it was Zingone who pointed out he could probably get three. Lysyk said he wanted to preserve the character of the neighbourhood. Zingone said that zoning isn't perfect and has to be tweaked and while we want to maintain the character of the neighbourhood, the neighbourhood was built in the 1960s and it's impossible to replicate now. He referenced the Provincial Policy Statement and said this was mild intensification and that Lysyk knows how to build and fit in with a neighbourhood. Zingone argued the existing bungalow is not in that bad of shape and could be fixed up fairly easily. Zingone reminded everyone that there are still land rights and that the owner does have a lot of say in what and how they build on their own property. He also addressed those who expressed concerns about rental suites or more people living near them by stating that this is not a rural area and that rental rules are in Planning legislation. Zingone stated Lysyk is building for his family. He concluded by stating that preservation goes with improvement and he is in support of Lysyk's proposal. Minutes from November 21, 2019 Paae 5 Committee Member Dave Eastman asked Lysyk if he lived in the existing dwelling. Lysyk said he did not, but rented it out. No other committee members had questions or comments. No other persons spoke in support or opposition of the application. Moved by John Bate, 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, is considered desirable for the appropriate development or use of the land and maintains the general intent and purpose of the Zoning By-law, the Durham Region Official Plan and Clarington Official Plan. That application A2019-0039 and A2019-0040 for a minor variance to Section 12.4.32a. of Zoning By-law 84-63 to reduce the minimum required lot size from 560 square metres to 535 square metres to facilitate the creation of two additional interior lots, and a minor variance to Section 12.4.32c.iv to reduce the required rear yard setback from 8 metres to 5.5 metres for the existing dwelling be APPROVED." "Carried" 3.3 A2019-0041 Applicant: Country Lane Pet Resort Owner: Paula Dumouchel-Clay and Michael Clay 2722 Taunton Road The applicants, Paula Dumouchel-Clay and Michael Clay, gave 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. No committee members had questions or comments. No other persons spoke in support or opposition of the application. Moved by Noel Gamble, 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, is considered desirable for the appropriate development or use of the land and maintains the general intent and purpose of the Zoning By-law, the Durham Region Official Plan and Clarington Official Plan. That application A2019-0041 for a minor variance to Section 6.1.b.v) of Zoning By-law 84-63 to permit the sale of raw pet food as an accessory use to the existing kennel be APPROVED. "Carried" Minutes from November 21, 2019 Page 6 3.4 A2019-0041 Applicant: Taylor Williamson Owner: Taylor Williamson 2608 Concession Road 4, Bowmanville The applicant, Taylor Williamson, gave 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. No committee members had questions or comments. No other persons spoke in support or opposition of the application. Moved Gord Wallace, 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, is considered desirable for the appropriate development or use of the land and maintains the general intent and purpose of the Zoning By-law, the Durham Region Official Plan and Clarington Official Plan. That application A2019-0042 for a minor variance to Section 3.1 c. of Zoning By- law 84-63 to increase the permitted accessory building floor area from 90 square metres to 183 square metres to permit a proposed gazebo, an existing barn, and expand an existing detached garage be APPROVED. "Carried" 4. Adoption of Minutes of Previous Meeting Moved by Dave Eastman, seconded by Noel Gamble. "That the minutes of the Committee of Adjustment, held on October 24, 2019, be APPROVED." "Carried" 5. Other Business: Appeal date for the foregoing applications is December 11, 2019. Next Meeting of the Committee of Adjustment is December 12, 2019. Shelly Pohjola is away with notice. 6. Adjournment Moved by Noel Gamble, seconded by John Bate. "That the meeting adjourn at 8:37."