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HomeMy WebLinkAbout2021-01-12Clarftwn Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington January 21, 2021 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. Electronically present: Todd Taylor Catherine Huynh Annette VanDyk Shelley Pohjola Dave Eastman John Bate Gord Wallace Noel Gamble 1. Call to Order Chairperson Acting Secretary -Treasurer Meeting Host 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 January 21, 2020 Page 2 3. Applications: 3.1 A2020-0058 Owner/Applicant: Shaoib Sheikh Agent: leno Mercieca 33 Bonathon Crescent, Bowmanville Shaoib Sheikh, the applicant, participated via the Teams app with audio only. Mr. Sheikh gave a verbal presentation to the Committee in favour of the application, which provided similar arguments and details as in the recommendation report prepared for this application. Chair, Todd Taylor, asked Mr. Sheikh to confirm that he agrees with the recommendation to table the application. The applicant, Shaoib Sheikh, agreed with the Staff recommendation report and expressed that he would like to be heard at the next meeting. Committee Member, Shelley Pohjola, asked staff if the application can be heard prior to the sixty days. Planning Staff Member, Catherine Huynh, advised that the application can be heard at the earlier date. No other Committee Members had questions or comments. No other persons spoke in support or opposition of the application. Motion to table as recommended moved by Dave Eastman, seconded by Shelley Pohjola. Full text of decision: "That application A2020-0058 for a minor variance to Section 3.1.g. iv) of Zoning By-law 84-63 to facilitate the construction of a deck by increasing the permitted projection into the rear yard from 1.5 metres to 4 metres be tabled for a period of up to sixty (60) days to allow for further discussion with the applicant and to provide an opportunity to revise the subject application." "Carried" 3.2 A2020-0059 Owner/applicant: Mohammad Akbar Sultoni 7 Baxter Street, Bowmanville Mohammad Akbar Sultoni, the applicant, participated via the Teams app with audio only. He gave a verbal presentation to the Committee in favour of the application, which provided similar arguments and details as in the recommendation report prepared for this application. Minutes from January 21, 2020 Page 3 Committee Member, John Bate, asked the applicant if he could clarify the type of commercial vehicle in question. Mr. Sultoni responded that it was a flatbed truck. Committee Member, Dave Eastman, asked the applicant if towed vehicles are stored on the flatbed at the subject property. Mr. Sultoni replied that towed vehicles are never brought to his property. He further explained that the commercial vehicle is required to inspected regularly to ensure there are no liquid runoffs. Committee Member, Dave Eastman, further asked if the applicant has parked the commercial vehicle or his own vehicles on the street to accommodate the commercial vehicle. Mr. Sultoni replied that there is sufficient room on the property to accommodate his vehicles and that he has not utilized on -street parking. Committee Member, Dave Eastman, asked Staff if the additional seven comments submitted to the Committee has changed Staff's opinion on the recommending approval of the variance. In addition, Mr. Eastman expressed concern that approval of the variance may set a precedence for allowing other trucks in the neighbourhood. Planning Staff Member, Catherine Huynh, replied that staff revisited the proposal to ensure the comments were addressed. Staff explained that the comments received concerned commercial vehicles being permitted in residential areas, rather than the variance requested. In addition, staff noted to the Committee that discussions were had with Clarington Legislative Services Department to confirm that there were measures in place to address any complaints regarding noise and idling through the Noise By-law (2007-071) and Idling By-law (2014-105). She explained that further discussions with the Clarington's Public Works Department ensured that safety was examined through the department's review. Committee Member, Gord Wallace, emphasized residents' concerns with safety. Planning Staff Member, Catherine Huynh, responded that staff in the Public Works Department have reviewed the proposal and no concerns were expressed with the application. In addition, she highlighted that this conclusion was arrived at due to factors including that the driveway is not within a visibility triangle, nor is there a sidewalk along the property. Committee Member, Gord Wallace, asked for clarification if any adjacent neighbours have expressed visibility concerns when departing their driveways. Planning Staff Member, Catherine Huynh, responded in the affirmative. She responded that any vehicle is permitted to park on the municipal boulevard and that there are no regulations which regulate which type of vehicle can park on the boulevard. Ms. Huynh provided an example of pick-up trucks that have similar visual impact due to an extended hood. Minutes from January 21, 2020 Page 4 Chair, Todd Taylor, reminded committee members to be direct with their questions. Committee Member, Dave Eastman, reiterated his concerns over vehicle's length and its impact on visibility when parked on the driveway or travelling through the neighbourhood. Further, Mr. Eastman expressed concerns over setting a precedence in the neighbourhood Planning Staff Member, Catherine Huynh, highlighted that two similar variance applications have been approved in the past by the Committee in 2013 (A2013-0006) and 2015 (A2015-0011), both for a greater weight than what the applicant has requested. Committee Member, John Bate, revisited Mr. Wallace's points regarding safety and asked staff to clarify if the recommendation for approval is certain that there are no safety impacts. Planning Staff Member, Catherine Huynh, replied that Planning Staff are unable to directly comment on safety standards as she is not qualified to do so. Ms. Huynh reiterated that staff in the Public Works Department have reviewed the proposal and did not express any safety concerns. Committee Member, John Bate, expressed belief that commercial vehicles were not desirable for the neighbourhood and would not meet test of desirability. Planning Staff Member, Catherine Huynh, responded that commercial vehicles are permitted on residential driveways in the By-law. She reminded the committee that use of the property is residential and that the intent of allowing for commercial vehicles is to support the various requirements from employment that residents may have. In addition, Staff highlighted that employment trends have shifted where personal -use vehicles have transitioned into multi -purpose vehicles for commercial services such as Uber Eats, which occupy residential driveways across the GTHA. Meeting Host, Annette VanDyk, noted that there were two members of the public in the meeting and asked individually if they were here to comment on the subject application. One member did not respond. The other member was Shaoib Sheikh, owner/applicant, of application, A2020-0058, who explained he did not purposely rejoin the meeting and that he had no comments regarding the application. No other persons spoke in support or opposition of the application. Motion to deny moved by Dave Eastman seconded by John Bate. Full text of decision: "That application A2020-0059 for a minor variance to Section 3.16 k. to permit the parking of a commercial vehicle in the existing driveway by increasing the permitted gross vehicle weight from 4 tonnes to 4.4 tonnes be denied as it is not considered to be desirable for the residential use and thus not minor in nature." "Carried" Minutes from January 21, 2020 Page 5 3.3 A2020-0060 Owner/Applicant: James Hale Agent: Polak, McKay & Hawkshaw 4931 Lawrence Road, Clarke Cameron Murkar, the agent participated via the Teams app with both video and audio. Mr. Murkar gave a verbal presentation to the Committee in favour of the application, which provided similar arguments and details as in the recommendation report prepared for this application. 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 Dave Eastman, seconded by Shelley Pohjola. Full text of decision: "That application A2020-060 for a minor variance to Section 3.1.c of Zoning By-law 84- 63 to permit the continued use of an existing accessory structure building (with an area of 84 square metres) by increasing the maximum permitted height from 4.5 to 5.1 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 Plan" 4. Adoption of Minutes of Previous Meeting, December 10, 2020 Moved by Dave Eastman, seconded by John Bate "That the minutes of the Committee of Adjustment, held on December 10, 2020 be Approved." "Carried" 5. Other Business • Appeal date for the foregoing applications is February 10, 2021. • Next Meeting of the Committee of Adjustment is scheduled for February 18, 2021. 6. Adjournment Moved by Shelley Pohjola, seconded by Dave Eastman. "That the meeting adjourn at 7:42 pm."