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HomeMy WebLinkAbout10-22-2020 MinutesClarftwn Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington October 22, 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 Catherine Huynh Annette Van Dyk Electronically present: Anne Taylor Scott Shelley Pohjola Dave Eastman Noel Gamble Gord Wallace John Bate 1. Call to Order Chairperson Acting Secretary -Treasurer Meeting Host Planning Staff Member Member 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. Member Member Member Member Minutes from October 22, 2020 Page 2 3. Applications: 3.1 A2020-0038 Owner/applicant: Nancy Clarke 168 Brookhouse Drive, Newcastle Nancy Clarke, the applicant and owner of the property, participated by Teams app with audio only. She gave a verbal presentation to the Committee in favour of the application. Ms. Clarke's presentation provided similar arguments and details as provided in the recommendation report prepared for this application. Committee Member, Shelley Pohjola, asked staff to clarify if comments from the Ganaraska Region Conservation Authority have been received since the tabling of the application at the October 1, 2020 meeting. Planning Staff Member, Catherine Huynh, advised that comments have been received and that the GRCA has no objection to the proposal. Ms. Clarke noted that there have been preliminary discussions with GRCA Planning Staff and a GRCA permit has been issued. Committee Member, Dave Eastman, asked the applicant to clarify if there is an existing deck. Ms. Clarke advised that there is an existing above -grade deck and the construction of the proposed deck will be accessed at the same grade. No other Committee Members had questions or comments. No other persons spoke in support or opposition of the application. Motion to approve as recommended moved by Shelley Pohjola, seconded by John Bate. Full text of decision: "That application A2020-0038 for minor variances to Section 3.1 g. iv) and Section 12.2 f. i) of Zoning By-law 84-63 to increase the permitted projection to the rear yard setback from 1.5 metres to 2.3 metres and the permitted lot coverage from 40% to 46.1 % 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" Minutes from October 22, 2020 Page 3 3.2 A2020-0043 Owner/applicant: KIND Bakehouse/Corey Hickling 128 Cornish Drive, Courtice Corey Hickling, the applicant and owner of the property, participated via the Teams app with audio only. He gave a verbal presentation to the Committee in favour of the application. Mr. Hickling's presentation provided similar arguments and details as provided in the recommendation report prepared for this application. Committee Member, Shelley Pohjola, asked staff for clarification regarding the timeline of Zoning By-law amendments affecting linked dwellings and parking provisions. Specifically, she asked if the existing parking for the linked dwelling were to be considered legal non -complying. Planning Staff Member, Catherine Huynh, replied that the existing parking would not be considered legal non -complying. She stated that the plan of subdivision was registered in 2002 and a building permit was issued the same year. Catherine stated that at the time, it was required that there be 2 outdoor parking spaces for the linked dwelling whereas the approved building permit only provided 1 outdoor parking space. Planning Staff Member, Anne Taylor Scott, added that the Zoning By-law amendment to the parking provisions that required 2 outdoor parking spaces occurred prior to 2000. Committee Member, Shelley Pohjola, asked staff for a rationale as to why the exception zone does not permit home occupation. Planning Staff Member, Catherine Huynh, replied that it was not the intent of the Zoning By-law amendment to not capture home occupations as a permitted use. Planning Staff Member, Anne Taylor Scott, added that there are exception zones in the urban residential areas that do not permit home occupations. She noted that in the past, the Committee has heard similar applications to permit the use. Committee Member, Dave Eastman, asked the applicant for clarification on how the driveway and garage is currently utilized. Mr. Hickling advised that there is one vehicle parked in the garage and one vehicle parked in the driveway. He further explained that the proposed catering business will be delivering orders to customers and does not expect any visitors for the business. Matthew Penstone, a neighbour spoke via telephone in support of the application. Mr. Penstone expressed that the proposed catering business will have a positive effect for the neighbourhood. Andrew Phillips, a resident spoke via telephone in support of the application. Brendan, a resident spoke via Teams chat in support of the application. No other Committee Members had questions or comments. No other persons spoke in support or opposition of the application Minutes from October 22, 2020 Paae 4 Motion to approve as recommended moved by Noel Gamble, seconded by Shelley Pohjola. Full text of decision: "That application A2020-0043 for minor variances to Zoning By-law 84-63 and more specifically to: i. Section 3.16 a. and the Parking Space Requirement Table to reduce the required outdoor parking space for the dwelling from 2 to 1; ii. The permitted uses in Section 12.4.41 by allowing a caterer as a home occupation within the Urban Residential Exception Zone; and iii. Section 3.11 c. vi), 3.16 a. and the Parking Space Requirement Table to reduce the required parking space for the home occupation (caterer) from 1 to 0. 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" 3.3 A2020-0044 Agent: Brad Phillips Owner/Applicant: Denis Gleason 3170 Liberty Street, Bowmanville Brad Phillips, the applicant, participated by Teams app with audio and video. He gave a verbal presentation to the Committee in favour of the application. Mr. Phillips presentation provided similar arguments and details as provided in the recommendation report prepared for this application. Committee Member, Shelley Pohjola, asked the applicant if there have been conversations had with Durham Region staff regarding the possibility of reinstating the lot line through Section 50 (3)(b) of the Planning Act. Mr. Phillips advised that Clarington Planning staff have been in discussion with the Region. Planning Staff Member, Catherine Huynh, advised that the municipality have received comments from Durham Region Planning that there are no objections to the application Committee Member, Shelley Pohjola, asked the applicant for details regarding land transfer of the properties and if there have been discussions with the land registry office Mr. Phillips advised that he is in discussion with the Municipal Solicitor and he has not contacted the land registry office. Committee Member, Gord Wallace, asked the applicant for details regarding the purpose of the 0.3 metre reserve in reinstating the lot line. Minutes from October 22, 2020 Paae 5 Mr. Phillips advised that the 0.3 metre reserve does not belong to either property owners and is blocking reinstating the lot line. He advised that he is in discussion with the Municipal Solicitor to temporarily lift the reserve to allow for the reinstatement of the lot line. Denis Gleason was in attendance and did not provide any comments. No other Committee Members had questions or comments. No persons spoke in support or opposition of the application Motion to approve as recommended moved by Gord Wallace, seconded by Dave Eastman Full text of decision: "That application A2020-0044 for a minor variance to Section 8.2 a. of Zoning By-law 84-63 to reduce the minimum lot area from 4,800 square metres to 3,567.5 square metres 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" 3.4 A2020-0045 Agent: Weston Consulting Owner/Applicant: 5013264 Ontario Inc. (Infinitas Canada Inc.) 1607 Highway 2, Bowmanville Mike Bennett, on behalf of the agent Weston Consulting, participated by Teams app with audio and video. He gave a verbal presentation to the Committee in favour of the application. Mr. Bennett presentation provided similar arguments and details as provided in the recommendation report prepared for this application. Mr. Bennett added that the minor variance requested is a clear condition of Site Plan approval. Committee Member, Dave Eastman, asked the applicant for details regarding zoning compliance on the proposed development. Mr. Bennett advised the variance is required due to the existing condition of the lot. The proposed development complies with all other provisions except for the minimum lot frontage requirement. He added that the variance would be required regardless of the built form of the site. Jamie, a resident, asked if a reduction in size of the building would eliminate the need for the variance. Planning Staff Member, Anne Taylor Scott, clarified that the property is subject to the Courtice Main Street Secondary Plan zoning, requiring a minimum lot frontage for development. She explained that the proposed development will improve underutilized Minutes from October 22, 2020 Page 6 lands and there are no other opportunities for land assembly with adjacent properties. She added that the lot is an existing lot of record and a variance would be required for any form of development. Elizabeth, a resident, spoke in support of the application. She noted that the propose development will bring value to the neighbourhood. No other Committee Members had questions or comments. No other persons spoke in support or opposition of the application Motion to approve as recommended moved by John Bate, seconded by Shelley Pohjola. Full text of decision: "That application A2020-0045 for a minor variance to Sections 16A.4 and 16A.5 to reduce the minimum lot frontage from 50 metres to 40 metres be approved as it is minor in nature, desirable for the appropriate development and 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" 3.5 A2020-0046, A2020-0047, A2020-0048 Agent: Cassidy & Co Owner/Applicant: 2174372 Ontario Ltd. 153 Tait Crescent (A2020-0046), 149 Tait Crescent (A2020-0047), 145 Tait Crescent (A2020-0048), Bowmanville Paul Kennedy, on behalf of the agent Cassidy & Co, participated by Teams app with audio and video. He gave a verbal presentation to the Committee in favour of the application. Mr. Kennedy presentation provided similar arguments and details as provided in the recommendation report prepared for this application. No Committee Members had questions or comments. No 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 applications A2020-0046, A2020-0047, A2020-0048 for minor variances to Section 13.4.57.g.ii) of Zoning By-law 84-63 to increase the maximum permitted outside width of the garage from: i. 4 metres to 6 metres (A2020-0046); Minutes from October 22, 2020 7 ii. 4 metres to 6.1 metres (A2020-0047); and iii. 4 metres to 6.1 metres (A2020-0048) on lots with frontage less than 11.3 metres be approved as it is minor in nature, desirable for the appropriate development and 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" 3.6 A2020-0049 Agent: Cassidy & Co Owner/Applicant: 2174372 Ontario Ltd. 1-196 Honey Crisp Lane, Bowmanville Paul Kennedy, on behalf of the agent Cassidy & Co, participated by Teams app with audio and video. He gave a verbal presentation to the Committee in favour of the application. Mr. Kennedy presentation provided similar arguments and details as provided in the recommendation report prepared for this application. No Committee Members had questions or comments. No persons spoke in support or opposition of the application. Motion to approve as recommended moved by Noel Gamble, seconded by Gord Wallace. Full text of decision: "That application A2020-0049 for a minor variance to: • Section 14.6.31 c.x.a. to increase the permitted height for a link townhouse dwelling from the maximum 10.5 metres to 11.9 metres, • Section 14.4f. to reduce the landscaped open space from the minimum required 40 percent to 38.5 percent; Section 14.6.31 c.vi. to decrease the exterior side yard setback from the minimum required 4.5 metres to 1.2 metres to a water metre room facing Bill Hutchinson Crescent 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" 3.7 A2020-0050 Owner/Applicant: Edmond Vanhaverbeke 85 Beaver Street, Newcastle Edmond Vanhaverbeke, the applicant and owner of the property, participated by Teams app with audio and video. He gave a verbal presentation to the Committee in favour of Minutes from October 22, 2020 Paae 8 the application. Mr. Vanhaverbeke presentation provided similar arguments and details as provided in the recommendation report prepared for this application. No Committee Members had questions or comments. No 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 A2020-050 for a minor variance to section 12.4.1 a. of Zoning By-law 84-63 to reduce the minimum required lot area from 650 square metres to 580 square metres to facilitate a land assembly 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" 4. Adoption of Minutes of Previous Meeting Motion to approve moved by Dave Eastman, seconded by Shelley Pohjola. "That the minutes of the Committee of Adjustment, held on October 22, 2020 be Approved." "Carried" 5. Other Business: Anne Taylor Scott will be sworn in as Secretary Treasurer. Appeal date for the foregoing applications is November 11, 2020. Next Meeting of the Committee of Adjustment is November 12, 2020. 6. Adjournment Moved by Dave Eastman, seconded by Noel Gamble. "That the meeting adjourn at 8:06 pm."