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HomeMy WebLinkAbout2018-11-29 MinutesCommittee of Adjustment Minutes November 29, 2018 Page 1 Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington November 29, 2018 Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville Present Todd Taylor Shelley Pohjola Gord Wallace James Vinson John Bate Shahzad Mir 1. Call to Order Chairperson 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. 3. Applications: 3.1 A2018-0050 Applicant: Applicant: Sean Loucks, The Deck Guys Owner: David Dustin 70 Bonnycastle Drive, Bowmanville Part Lot 15, Concession 1 Former Township of Darlinaton The applicant, Sean Loucks, 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. Chairperson, Todd Taylor asked whether the applicant is aware of the condition on page nine of the Staff Report to acquire a building permit and pool enclosure permit as part of the recommendation for approval. The applicant replied in the affirmative. Moved by Gord Wallace, Seconded by James Vinson. Committee of Adjustment Minutes November 29, 2018 Page 2 "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 the construction of a rear yard deck by increasing the maximum permitted lot coverage from 40% to 46% and the projection in the rear yard setback from 1.5 metres to 2.7 metres subject to the following conditions: 1. The applicant obtains a building permit for the deck and a pool enclosure permit for the pool within one month of the Committee's decision. is approved." "Carried" 3.2 A2018-0061 Applicant/Owner: Marcel Provenzano/Lucrative Investment Inc. 55A Townline Road South, Courtice Part Lot 35, Concession 2 Former Township of Darlinaton The applicant Marcel Provenzano 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. Applications A2018-0061 and 2018-0062 were considered together as they were similar in purpose and intent and submitted by the same applicant. There were no questions from the Committee or members of the public in objection or support. Moved by John Bates, 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 to reduce the minimum required interior side yard setback for a single detached dwelling without an attached garage or carport from 4.5 m to 3.56 m is approved." "Carried" Committee of Adjustment Minutes November 29, 2018 Page 3 3.3 A2018-0062 Applicant/Owner: Marcel Provenzano/Lucrative Investment Inc. 55B Townline Road South, Courtice Part Lot 35, Concession 2 Former Township of Darlington Moved by John Bates, 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 to reduce the minimum required interior side yard setback for a single detached dwelling without an attached garage or carport from 4.5 m to 3.54 m is approved." "Carried" 3.4 A2018-0063 Applicant: James McDermott Owner: Jeanette Summers 19 Hartsfield Drive, Courtice Part Lot 34, Concession 3 Former Township of Darlington The owner's agent, James McDermott, 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. Secretary -Treasurer, Shahzad Mir, stated that there had been a change made to rear yard setback dimension for the site plan, representing a decrease from 9.37 metres to 9.2 metres. This would require an addition of 0.17 cm needed for the proposed deck. Thus, the variance to increase the deck projection would change from 2.5 metres to 2.7 metres. The applicant explained that a neighbour was present at the meeting, and was aware of her concerns. He stated he would work with the owner and the neighbour to address her concerns with regard to the deck. Chairperson Todd Taylor asked whether there was anyone in attendance that would like to speak in support or opposition to the proposed application. Neighbour Elizabeth Anderson spoke of her concerns regarding the deck and its impact on her views, breeze and enjoyment of her yard. She stated that she had spoken with the applicant and owner and she believes that they will address her concerns by adjusting the design of the deck. Committee member, Shelley Pohjola, asked Staff whether this citizen was the same individual identified as a complainant in the Staff Report. Secretary -Treasurer, Shahzad Mir, replied in the affirmative. Committee of Adjustment Minutes November 29, 2018 Page 4 Moved by Shelley Pohjola, 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 and the Official Plans. The application to permit the construction of a rear yard deck by increasing the maximum permitted projection into the rear yard setback from 1.5 metres to 2.7 metres and by increasing the maximum permitted lot coverage from 45% to 46% is approved subject to the following condition: That the Owner obtains a building permit for the deck within one month from the date of the Committee's decision, and the decision is final and binding from the appeal period." "Carried" Chairperson Todd Taylor stated that the Committee will be addressing application A2018-70 prior to applications A2018-064-069. 3.5 A2018-0070 Applicant/Owner: David and Danna Bortolazzo Agent: Ms. Toni Rubino, D.G. Biddle & Associates Ltd 8568 Old Scugog Road, Enniskillen Part Lot 19, Concession 8 Former Township of Darlington The owner's agent, Toni Rubino, 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 agent when the land division committee had made their decision. The agent explained that the land division committee had tabled the application at the last meeting. One condition put forward by the Municipality of Clarington for approval at the Land Division Committee was to ensure both the severed and retained lots comply with the zone requirements. Thus, the requirement of a successful minor variance for lot area on the severed parcel. Committee member, Shelley Pohjola, asked the staff regarding Section 9.1 of the Staff Report which stated "in consideration of written comments received by the general public." Secretary -Treasurer, Shahzad Mir, responded that that text was a typo to be ignored by the Committee. Committee of Adjustment Minutes November 29, 2018 Page 5 Moved by James 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 and the Official Plans. The application to permit the variance to 13.3.1.a of Zoning By-law 2005-109 to satisfy a consent application for a lot line adjustment by seeking an increase of the maximum lot area requirement for a residential use from 7000 square metres (0.7 hectares) in the Agricultural (A) Zone to 8.45 hectares is approved." "Carried" 3.6 Lot 47 (A2018-0064) Lot 46 (A2018-0065) Lot 43 (A2018-0066) Lot 44 (A2018-0067) Lot 45 (A2018-0068) Lot 48 (A2018-0069) Applicant: Enzo Bertucci, Bowmanville Lakebreeze West Village Ltd Part Lot 7, Concession Broken Front, Former Township of Darlinaton Applications A2018-0064 to A2017-0069 were considered together The representative, Richard Virk, made a verbal presentation to the Committee regarding the applications. The explanations for the proposed variances were similar to what was outlined in the report prepared for these applications. Committee member, Shelley Pohjola asked if Staff had a copy of the written objection. Secretary -Treasurer, Shahzad Mir, replied in the negative but stated that the concerns of the local resident were identified in the Staff Report. Committee member, Shelley Pohjola, asked Staff to clarify the distance between the citizen's property and the subject properties. Secretary -Treasurer, Shahzad Mir, stated that the subject properties were approximately 136 metres away from the complainant's property. Secretary -Treasurer, Shahzad Mir, stated that the increased height would have no impact to the homeowner as the massing of the buildings would only be visible from the rear of the properties which faces east, whereas and the citizen's home was located to the southwest. Committee member, Gord Wallace asked both Staff and the agent whether they knew if the homes surrounding the subject properties had been sold. Committee of Adjustment Minutes November 29, 2018 Page 6 Secretary -Treasurer, Shahzad Mir, indicated he had no knowledge whether the homes had been sold or not. The agent stated that it was his knowledge that some of the homes had been sold. Committee member, Gord Wallace, questioned whether those homeowners had received mailed notification of the minor variance. Staff indicated that signs were placed in front of each lot pursuant to the requirements of the Planning Act. There was a brief discussion between Committee members and staff regarding the public notification process. A2018-0064 — Lot 47 Moved by Shelley Pohjola, Seconded by James 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 and the Official Plans. The application A2018-0064 to permit the construction of a single detached dwelling in the "Urban Residential Exception (R2-55)" zone by increasing the maximum height from 10.5 metres to 12.32 metres, subject to the condition of implementing the Engineered Approved Landscaping Plans (LP-1 dated October 24, 2018. LP-2 dated November 8, 2018, and LP-3 dated October 24, 2018, is approved." "Carried" A2018-0065 — Lot 46 Moved by James 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 and the Official Plans. The application A2018-0065 to permit the construction of a single detached dwelling in the "Urban Residential Exception (R2-55)" zone by increasing the maximum height from 10.5 metres to 12.47 metres subject to the condition of implementing the Engineered Approved Landscaping Plans (LP-1 dated October 24, 2018. LP-2 dated November 8, 2018, and LP-3 dated October 24, 2018) is approved." "Carried" Committee of Adjustment Minutes November 29, 2018 Page 7 A2018-0066 — Lot 43 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 A2018-0066 to permit the construction of a single detached dwelling in the "Urban Residential Exception (R2-55)" zone by increasing the maximum height from 10.5 metres to 12.5 metres subject to the condition of implementing the Engineered Approved Landscaping Plans (LP-1 dated October 24, 2018. LP-2 dated November 8, 2018, and LP-3 dated October 24, 2018) is approved". "Carried" A2018-0067 — Lot 44 Moved by James 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 and the Official Plans. The application A2018-0067 to permit the construction of a single detached dwelling in the "Urban Residential Exception (R2-55)" zone by increasing the maximum Height from 10.5 metres to 12.45 metres subject to the condition of implementing the Engineered Approved Landscaping Plans (LP-1 dated October 24, 2018. LP-2 dated November 8, 2018, and LP-3 dated October 24, 2018) is approved". "Carried" A2018-0068 — Lot 45 Moved by John Bates, 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 and the Official Plans. The application A2018-0068 to permit the construction of a single detached dwelling in the "Urban Residential Exception (R2-55)" zone by increasing the maximum height from 10.5 metres to 12.55 metres subject to the condition of implementing the Engineered Approved Landscaping Plans (LP-1 dated October 24, 2018. LP-2 dated November 8, 2018, and LP-3 dated October 24, 2018) approved". Committee of Adjustment Minutes November 29, 2018 Page 8 "Carried" A2018-0069 — Lot 48 Moved by James Vinson, 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 A2018-0069 to permit the construction of a single detached dwelling in the "Urban Residential Exception (R2-55)" zone by increasing the maximum height from 10.5 metres to 11.53 metres subject to the condition of implementing the Engineered Approved Landscaping Plans (LP-1 dated October 24, 2018. LP-2 dated November 8, 2018, and LP-3 dated October 24, 2018) is approved". "Carried" 4. Adoption of Minutes of Previous Meeting Moved by James Vinson, seconded by Gord Wallace. "That the minutes of the meeting of the Committee of Adjustment, held on October 25, 2018, be approved" 5. Other Business: Committee and Acting Secretary -Treasurer had a brief discussion regarding copies of objection letters, land division decisions and applications as part of the package provided to the Committee. Committee member Shelley Pohjola stated she has requested those documents in the past as they provide further context to the applications before the Committee of Adjustment. Acting Secretary - Treasurer, Shahzad Mir, stated he will provide those materials to the Committee going forward. Appeal date for the foregoing applications is December 19, 2018. Next Meeting of the Committee of Adjustment is December 20, 2018. 6. Adjournment Moved by James Vinson seconded by Gord Wallace. "That the meeting adjourn at 8:11 pm."