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HomeMy WebLinkAbout02/20/2020 MinutesClarftwn Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington February 20, 2020 Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville Present Todd Taylor Chairperson Shelley Pohjola Member Dave Eastman Member Noel Gamble Member Isabel Lima Acting Secretary -Treasurer Regrets 1. Call to Order Gord Wallace John Bate 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 A2020-0001 Owner: Amapola Construction Ltd. Applicant: D.G. Biddle & Associates Ltd. 3222 Middle Road, Bowmanville Shareefah Rene, a representative of D.G. Biddle & Associates, gave a verbal presentation to the Committee in favour of the application. The applicant explained the proposal for the site and the necessary variances. The applicant spoke about the four tests for a minor variance in the Planning Act, and how each variance met the four tests. The applicant explained that the increase in height is minor in nature and will not affect neighbouring properties as it is central to the site. The applicant explained that the increased side yard setback is to deal with shadowing and privacy issues within the site. The applicant explained that the proposal is desirable for the use of the land as it allows for development on a vacant site. The applicant stated that she reviewed the Staff Report and is in agreement with the recommendations from Staff. No Committee Members had questions or comments. No other persons spoke in support or opposition of the application. Minutes from February 20, 2020 Page 2 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 for minor variances to Sections 14.6.31.c.vi) and 14.6.31.c.ix) of Zoning By-law 84-63 to increase the permitted height of 11 proposed townhouses from 10.5 metres to 11.2 metres and to increase the required maximum exterior side yard setback of 2 proposed townhouses from 6.5 metres to 7.0 metres are minor in nature, desirable for the appropriate development or use of the land and maintain the general intent and purpose of the Zoning By-law, the Durham Region Official Plan and Clarington Official Plan and are Approved." "Carried" 3.2 A2020-0006 Owner: Tornat Newcastle Limited Applicant: D.G. Biddle & Associates Ltd. 500 King Avenue West, Newcastle Michael Fry, a representative of D.G. Biddle & Associates, gave a verbal presentation to the Committee in favour of the application. The applicant explained the proposal for the site. The applicant also explained the other development applications they have applied for, including a Zoning By -Law Amendment and a Draft Plan of Subdivision that were approved by the Local Planning Appeal Tribunal. The applicant explained that they are currently going through Site Plan Control and that the variances being sought are conditions of Site Plan. The applicant then spoke about the four tests for a minor variance in the Planning Act, and how each variance met the four tests. The applicant explained that, as a whole, the variances being sought comply with the intent of both Official Plans for mixed-use, high density development. The applicant explained that through the approved Zoning By-law Amendment and Draft Plan of Subdivision, the proposal is deemed appropriate for the use of the land. The applicant gave a justification as to why each variance was needed: x Variance 1: The variance to the definition of "Apartment Building" is necessary as the proposed apartment building is a different style than what is typically seen in Clarington, but it functions the same as other apartment buildings. x Variance 2: The increase in height is necessary as height is measured from the lowest point of grade. Entrances to the lower level of the building are partially below grade, which results in the increase in height. The building at grade still appears to be three and a half storeys. x Variance 3: The increase in height is minor in nature and the skylight projections add an architectural feature to the building. x Variance 4 & 5: During Site Plan process, it was determined that a change to the parking area was needed, which effects the side yard setback and the planting strip. The variances are needed to address these issues. Committee Member Dave Eastman questioned why the proposal could not be built to fit the site, specifically Variances 4 and 5. The applicant explained that in order to satisfy Minutes from February 20, 2020 Page 3 grading issues, it is necessary to push the parking area north. As a result of this change, the side yard setback and the planting strip no longer meet zoning requirements. The applicant further explained that though the proposal requires variances to the zoning, the use and densities of the proposal conform with the intent of both Official Plans for mixed-use, high density development. Committee Member Dave Eastman asked the applicant where the parking will be located for the apartment building with on -street entrances. The applicant explained that visitor parking will be located in the north of the site and resident parking will be located in an underground garage. Committee Member Noel Gamble asked the applicant to further clarify the need for Variances 4 & 5. The applicant gave an explanation regarding the changes to Given Road and how that will have an effect on the zoning for the site. Committee Member Shelley Pohjola asked Staff if the Site Plan application will require approval from Council. Staff explained that Site Plan approval in Clarington has been delegated by By-law to the Director of Planning Services and the Director of Engineering Services. Committee Member Shelley Pohjola asked Staff about the status of the Site Plan application. Staff explained that the applicant has submitted a first submission of drawings, and that Staff have issued a comments letter. Staff are awaiting a second submission that will address the comments in the letter. Committee Member Shelley Pohjola noted that, in the future, it would be helpful to have a copy of the comments letter. No other Committee Members had questions or comments. No other persons spoke in support or opposition of the application. 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 for minor variances to: L The definition of an "Apartment Building" to permit dwelling units with individual entrances from street level for Levels1 and 2; ii. Section 16.5.64 e. x) b) by increasing the maximum permitted height for the apartment building from 11 metres to 14 metres, with the exception that 21 % of the total roof area may be occupied by an enclosed amenity space having a total height of 15.5 metres; iii. Section 16.5.64 f. iv) b) by increasing the height permitted for an upper level residential storey from 3.1 metres to 4.5 metres to allow for skylight projections in the mixed-use building; iv. Section 3.16 i. i) by reducing the entrance setback from a side yard of a residential zone from 7.5 metres to 2 metres; and V. Section 16.5.64 c. v. by reducing the minimum width of the planting strip from 2 metres to 0.5 metres, Minutes from February 20, 2020 Page 4 are minor in nature, desirable for the appropriate development or use of the land and maintain the general intent and purpose of the Zoning By-law, the Durham Region Official Plan and Clarington Official Plan and are Approved." "Carried" 3.3 A2020-0007 Owner: Richard Rekker Applicant: Durham Christian Homes 285 Boswell Drive, Darlington Richard Bouma, on behalf of the owner, gave a verbal presentation to the Committee in favour of the application. Bouma explained that the owner, Richard Rekker, donated the land to Durham Christian Homes for the use of a long-term care facility. Bouma explained that Staff recommended applying for the minor variance before applying for the land division application. Bouma explained that the greenhouses have been there for a long time and though they would like to keep the greenhouses there until Summer 2021, Durham Christian Homes would like to take possession of the land as soon as possible. As a result, a minor variance application was needed. Committee Member Dave Eastman thanked Richard Rekker for donating the land. Rekker explained that he has two sites for his greenhouses, but that he needs the time to transition to one site. No other Committee Members had questions or comments. No other persons spoke in support or opposition of the application Moved by Dave Eastman, seconded by Shelley Pohjola. "Based on our review of the application, all verbal comments received and the agency comments submitted, the application for a minor variance to Section 16.2(b) of Zoning By-law 84-63 to permit the existing hoop greenhouses to remain in their current configuration with a 0 metre setback to the future west and south lot lines until the end of August 2021 is minor in nature, 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 and is Approved." "Carried" 3.4 A2020-0008 Owner: Todd Smith Applicant: Hom Drafting and Design Inc. 252 Baldwin Street, Newcastle Clinton Dochuk, a representative of Hom Drafting and Design Inc., 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 Minutes from February 20, 2020 Page 5 application. The applicant explained that though the shed would not require a building permit due to its small size, they have applied for the variance to ensure they are not contravening zoning requirements. Committee Member Dave Eastman asked the applicant if the size of the deck has changed between the first minor variance sought (A2019-0034) and this minor variance application. The applicant explained that the original application proposed a deck that projected eight feet, whereas this application proposes a deck that projects twelve feet. The applicant also clarified that the shed was not included in the first application. Committee Member Dave Eastman asked the applicant if they foresee applying for another variance for the deck in the future. The applicant stated no further variances will be sought for the deck. Committee Member Noel Gamble asked the applicant why the size of the deck has increased. The applicant explained that the first minor variance application (A2019- 0034) showed a survey with incorrect lot coverage numbers. Given the opportunity to reapply for this minor variance, it was decided to propose a slightly larger deck. Committee Member Shelley Pohjola asked the applicant if this minor variance application was a result of a new survey on the property. The applicant clarified that this variance was a result of an incorrect survey used during the first minor variance application (A2019-0034). No other Committee Members had questions or comments. Moved by Dave Eastman, seconded by Shelley Pohjola. "Based on our review of the application, all verbal comments received and the agency comments submitted, the application for a minor variance to Section 12.2.f.i) of Zoning By-law 84-63 to permit an addition to two attached decks and the construction of a shed by increasing the maximum permitted lot coverage from 40.79% to 45% is minor in nature, 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 and is Approved." "Carried" 3.5 A2020-0009 Owner/Applicant: David Crozier 98 Church Street, Bowmanville The applicant, David Crozier, 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. Committee Member Noel Gamble asked the applicant what he has done to ensure the historic character of the dwelling is maintained. The applicant explained that he has been working with the Heritage Committee to ensure the character of the home is Minutes from February 20, 2020 Page 6 maintained. The applicant stated that he is open to any suggestions, but that he requires a garage to modernize the home. The applicant explained that it is a large home with no garage to park a vehicle. The applicant reiterated that he does not want to change the character of the house and that he is working to maintain the architectural style by matching the brick, dormers and roof pitch. Committee Member Shelley Pohjola asked the applicant if he read the Staff Report prepared for this application and if he had any objections to the report. The applicant stated that he reviewed the report and is in agreement with the recommendations from Staff. Committee Member Dave Eastman asked the applicant if the house is designated. The applicant stated that the house has historical significance, but that it does not have a plaque. The applicant and Staff were unsure if the home was designated at that time. Later in the meeting it was confirmed that the house is on the register. Maureen Robinson, a resident at a neighbouring property addressed 47 Wellington Street, spoke in opposition to the application. She stated that she has been attending the public meetings held for the Neighbourhood Character Study and believes the addition takes away from the character of the neighbourhood due to its large size. Committee Member Noel Gamble asked Robinson if her concern was with the size of the addition or the fagade. Robinson clarified that she is concerned with the size, as it is taking over the north end of the lot. Committee Member Noel Gamble asked the applicant to expand on his previous comment about working with the Heritage Committee. The applicant clarified that he misspoke earlier and that he has been working with Planning Staff to ensure the character of the home is maintained. Staff explained that the applicant has been working with Sarah Allin, Heritage Planner, and Tracey Webster, the Lead Planner on the Neighbourhood Character Study, to maintain the character of the home. In response to Robinson, the applicant stated that the house has eight bedrooms and that it is already large. He reiterated that he requires a garage to modernize the home and accommodate parking. Committee Member Shelley Pohjola asked Staff to clarify information on page seven and nine of the Staff Report, regarding double -car garages. Staff clarified that the neighbourhood character assessment concluded that other properties in the immediate area also had double -car garages. The applicant expanded on the findings of the neighbourhood character assessment. Linda Van Gestel, a resident at a neighbouring property addressed 55 Wellington Street, spoke in opposition to the application. Gestel believed the addition was too large and the additional living space was not necessary. Gestel also had concerns with the setback of the addition to George Street. No other Committee Members had questions or comments. Minutes from February 20, 2020 Page 7 Moved by Noel Gamble, seconded by Shelley Pohjola. "Based on our review of the application, all verbal comments received and the agency comments submitted, the application for minor variances to Sections 12.2.d.iv) and 12.2.f.i) of Zoning By-law 84-63 to decrease the required rear yard setback from 7.5 metres to 3.98 metres and increase the permitted lot coverage from 40% to 42%, and minor variances to Sections 1.b.i), iii), and iv) of Interim Control By-law 2018-083 to permit an addition that alters the street fagade, increase the maximum allowed floor area of an addition from 25% to 46% of the existing dwelling, increase the maximum allowed roof pitch from 7/12 to 12/12, and increase the permitted lot coverage from 35% to 42% are minor in nature, desirable for the appropriate development or use of the land and maintain the general intent and purpose of the Zoning By-law, the Durham Region Official Plan and Clarington Official Plan and are Approved." "Carried" 4. Adoption of Minutes of Previous Meeting Moved by Shelley Pohjola, seconded by Dave Eastman. "That the minutes of the Committee of Adjustment, held on January 23, 2020 be Approved." "Carried" 5. Other Business: x Appeal date for the foregoing applications is March 11, 2020. x Next Meeting of the Committee of Adjustment is to be decided. x John Bate and Gord Wallace were away with notice. 6. Adjournment Moved by Dave Eastman, seconded by Noel Gamble. "That the meeting adjourn at 8:13 pm."