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HomeMy WebLinkAbout06-04-2020 MinutesClarftwn Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington June 4, 2020 Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville Preliminary Note In response to the Province's Emergency Order and to maintain physical distancing during the COVID-19 pandemic, this Committee of Adjustment meeting took place in an electronic format. Members listed as being "electronically present," as well as applicants and members of the public, participated though the teleconferencing platform Microsoft Teams, which allows participation through a computer's video and audio, or by telephone. Present: Todd Taylor Mark Jull Annette Van Dyk Electronically present: Shelley Pohjola Dave Eastman Noel Gamble Gord Wallace Regrets: John Bate 1. Call to Order Chairperson Acting Secretary -Treasurer Meeting Host 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 A2020-0011 Owner: Salem United Reformed Church Applicant: R.W. Bruynson 2607 Concession Road 4, Darlington Member Member Member Member Member Minutes from June 4, 2020 Page 2 Rick Bruynson, the applicant, participated by telephone. He gave a verbal presentation to the Committee in favour of the application. The applicant's presentation provided similar arguments and details as provided in the recommendation report prepared for this application. No Committee Members had questions or comments. No other persons spoke in support or opposition of the application. Motion to approve as recommended moved by Dave Eastman, seconded by Noel Gamble. Full text of decision: "That the application to permit an increase to the maximum lot coverage from 12% to 13%, and a decrease to the minimum number of required off-street parking spaces from 39 to 36 in order to facilitate an addition to an existing place of worship be approved, as it is minor in nature, is 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." "Carried" 3.2 A2020-0013 Owner/applicant: Zakary Marchant 83 Mill Street, Newcastle Zakary Marchant, the owner and applicant, participated via the Teams app with both video and audio. He gave a verbal presentation to the Committee in favour of the application. The applicant's presentation provided similar arguments and details as provided in the recommendation report prepared for this application. No Committee Members had questions or comments. No other persons spoke in support or opposition of the application. Motion to approve as recommended moved by Noel Gamble, seconded by Dave Eastman. Full text of decision: "That application A2020-0013 for minor variance to section 3.1 c of Zoning By-law 84-63 to increase the permitted floor area of accessory structures from 60 square metres to 87 square metres and to increase the maximum height from 4 metres to 4.4 metres to allow for a proposed detached garage be approved as it 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." "Carried" Minutes from June 4, 2020 Page 3 3.3 A2020-0014 Owner: Nick Fidei (Sezza Blue Home Corp.) Applicant: Kalene Adkins and Bobbi-Jo MacKinnon 107 Crombie Street, Bowmanville Ian Richardson, on behalf of Sezza Blue Homes, participated via the Teams app with both video and audio. He gave a verbal presentation to the Committee in favour of the application. The applicant's presentation provided similar arguments and details as provided in the recommendation report prepared for this application. Mangalavadivu Uthayavannan, a property owner who identified herself as a landlord of 51 Arthur McLaughlin Street attempted to participate via telephone but was having difficulty unmuting her connection. While the meeting Host and IT Support Person assisted her, Staff Member, Mark Jull, explained that this person had contacted the Planning Department earlier in the week to voice her objection to the application based on a perceived loss of property value. Committee Member, Noel Gamble, asked Mr. Richardson if there were any other dwellings on the street that required a minor variance for height. Mr. Richardson answered that this is the only one he is aware of. Ms. Uthayavannan was able to unmute her connection and explained that she was opposed to the application because of a perceived loss of property value. Mr. Richardson explained that the property is in a new subdivision and all dwellings look about the same. The issue with height is due to a walkout basement at the rear and from the front the dwelling will probably be the same height as the concerned neighbour's dwelling. He stated there would be no negative impact to the streetscape. Ms. Uthayavannan stated that her property value would go down. Committee Member, Gord Wallace, asked Mr. Richardson, after the dwelling is built, would the rooflines be the same? Mr. Richardson replied in the affirmative. Mr. Wallace asked Mr. Richardson to confirm that the dwelling would not be higher at street level and Mr. Richardson did confirm that the soffits would be the same level, and the height issue is at the rear. Mr. Gamble asked, there is no development behind the house, right? Mr. Richardson confirmed that there is no development behind the house. Motion to approve as recommended moved by Dave Eastman, seconded by Shelly Pohjola. Full text of decision: "That application A2020-0014 for minor variance to section 12.4.74g.ii of Zoning By-law 84-63 to increase the permitted building height from 10.5 metres to 11.2 metres to permit a proposed single detached dwelling be approved as it is minor in nature, desirable for the appropriate development or use of the land and maintains the general Minutes from June 4, 2020 Page 4 intent and purpose of the Zoning By-law, the Durham Region Official Plan and Clarington Official Plan." "Carried" 3.4 A2020-0016 Owner: 2676582 Ontario Inc. Applicant: Edmond Vanhaverbeke 99 Beaver Street, Newcastle Edmond Vanhaverbeke participated via the Teams app with both video and audio. He gave a verbal presentation to the Committee in favour of the application. The applicant's presentation provided similar arguments and details as provided in the recommendation report prepared for this application. No Committee Members had questions or comments. No other persons spoke in support or opposition of the application. Motion to approve as recommended moved by Dave Eastman, seconded by Gord Wallace. Full text of decision: "That application A2020-0016 to allow for an accessory structure (detached garage) to remain on severed lands without the principal use (residential dwelling) until June 30, 2023 (3 years) be approved as it is minor in nature, is 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." "Carried" 3.4 A2020-0018 Owner/applicant: Stephanie Jukes 5 Gearings Lane, Darlington The applicant was not present at the meeting. No person was present to speak on behalf of the applicant. Aristide Russo, a neighbour at 7 Gearings Lane spoke via telephone in opposition to the application. He explained that he lives next door and does not believe the applicant can be trusted and that the applicant never does anything right. He stated the detached garage is a banquet hall. He stated there have been weddings and 40 cars in the court on almost every weekend. He stated there have been washroom trailers and people have urinated behind his trees at the side of his house. Referring to the photos that have been sent by Mike Russo who lives at 4 Gearings Lane which show weddings, he said the weddings were not just for the applicant's friends as he claimed to know people who paid to have a wedding there. He said there were times that there were so many cars he could not get into his own driveway. He stated they have grandkids and they are Minutes from June 4, 2020 Page 5 not safe and he cannot live next to a house that keeps bringing strange people to the street and he doesn't feel safe. He said he worked his whole life for the house. He said that the applicant has directed inappropriate hand gestures towards him several times. He stated that one time she didn't get what she wanted and took a piece of plywood and wrote on it, "fences make better neighbours" and at the bottom wrote, "I get to pick the colour of the fence." He said that the applicant does everything to start an argument with him and he never even exchanged a word with her. He said that one day when he was not home, she knocked on the door and told his daughter to prepare him for a heart attack because of what she is going to do. Chairperson Todd Taylor reminded those in attendance that the Committee of Adjustment has to focus on the four tests. Jose Sanchez, a neighbour at 2 Gearings Lane spoke via telephone in opposition to the application. He argued that he has nothing against the applicants, but it is not a good location for a Bed & Breakfast. He stated that it is an estate subdivision that we built with great effort and this will not bring any benefit to the street as they just want peace and tranquility and that his grandchildren visit. He stated that they don't need the risk and they shouldn't bring strange people to the street. He concluded by stating that it's bad for the people living here and we just want to live in peace. Committee Member Dave Eastman asked Mr. Sanchez where he lived. He replied, 2 Gearings. Pasquale Palermo, a neighbour at 6 Gearings Lane, attempted to participate via telephone but was unable to unmute his connection. Mike Russo, a neighbour at 4 Gearings Lane, spoke via telephone in opposition to the application. He argued that a Bed and Breakfast would decrease the value of his home and the last thing he needs is a sign out front. Due past events he objects to the application. He stated that the applicant has no respect for other people in the neighbourhood and she will turn the property into a vacation/event venue, and this is her way to get around it. He stated all complaints that have been made are registered with the Municipality of Clarington. He stated that it is not in their favour to have such a thing brought to our court, that he has little children and he moved here to enjoy life and not have strangers walking around in front of his front yard and it's just not the right area for such a thing. He stated that it was not a sincere application and it was a way to try and get around past complaints. He also stated that it is not the right area for a Bed & Breakfast. Chairperson Todd Taylor asked the Host if Pasquale Palermo was able to connect. While the Host and the IT Support Person attempted to assist Mr. Palermo, Staff Member, Mark Jull, explained to the Committee that Mr. Palermo had called the Planning Department earlier in the week with comments in opposition to the application and that Committee Members were provided all public comments received, including Mr. Palermo's. Mr. Palermo was unable to unmute his connection. Susanna Provenzano, who said she was the daughter of a resident at 7 Gearings. She stated that just to add to the testimony of the kind of person the applicant is, she is not Minutes from June 4, 2020 Page 6 in favour of the Bed & Breakfast. She stated that she doesn't live on the court, but visits. Committee Member Dave Eastman asked Ms. Provenzano who she is representing, what address, to which she replied 7 Gearings, right next door, the home of Aristide Russo who spoke earlier. Mike Russo, a neighbour at 4 Gearings, wished to provide further comments. He stated that if the applicant was sincere in her application, she would have been present and suggested that perhaps she was listening to the meeting, but not participating. No other persons spoke in support or opposition of the application. Committee Members had no further questions. Motion to table as recommended moved by Shelly Pohjola, seconded by Noel Gamble. Full text of decision: "That application A2019-0018 for a minor variance to section 8.1 of Zoning By-law 84- 63 to permit a Bed and Breakfast Establishment on a property zoned Residential Estate be tabled for sixty days to allow Municipal Staff to discuss with the applicant the nature of the proposal and other apparent land uses on the property." "Carried" 4. Adoption of Minutes of Previous Meeting Motion to approve minutes of previous meeting moved by Dave Eastman, seconded by Noel Gamble. "That the minutes of the Committee of Adjustment, held on February 20, 2020 be Approved." "Carried" 5. Other Business: Appeal date for the foregoing applications is June 24, 2020. Next Meeting of the Committee of Adjustment is June 25, 2020. Committee Member Dave Eastman had a question regarding the last application for 5 Gearings Lane. He asked that, since the applicant did join the meeting if they had the option to deny the application. Chairperson Todd Taylor stated that they could have done that, but it was not recommended by Planning, but they are a Committee appointed by Council and it is fully within their purview if we chose to. Staff Member, Mark Jull, stated that an application should be approved or denied based on the four tests. Committee Member Gord Wallace stated that was a very good point and thanked Staff. Committee Member Shelly Pohjola agreed, stating that it would have been Minutes from June 4, 2020 7 premature for the Committee to approve or deny because they don't have any comments from Planning regarding either approving or denying, and we need to let By- law Enforcement do their work. 6. Adjournment Moved by Noel Gamble, seconded by Shelly Pohjola. "That the meeting adjourn at 7:58 pm."