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HomeMy WebLinkAbout2021-03-25Clarftwn Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington March 25, 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 Toni Rubino Annette VanDyk Shelley Pohjola Dave Eastman John Bate Chairperson Acting Secretary -Treasurer Meeting Host Member Member Member Noel Gamble Member Paul Wirch (forA2021-0003) Planning Staff Anne Taylor Scott (for A2021-0003) Planning Staff Regrets: Gord Wallace 1. Call to Order 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 Minutes from March 25, 2021 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. Committee Member, Shelley Pohjola, asked staff the size of the previous deck. Planning Staff Member, Toni Rubino, advised that the siting plan submitted with the building permit for the construction of the detached dwelling appears to have a significantly smaller deck which appeared to be more of a landing with stairs to access the backyard. 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 Noel Gamble, seconded by Dave Eastman. Full text of decision: "That application A2020-0058 for a minor variance to Section 3.1.g. iv), 3.1.c. and 3.1.g.iii) of Zoning By-law 84-63 to facilitate the construction of a deck by increasing the permitted projection into the rear yard setback from 1.5 metres to 3.6 metres, as revised; to permit an accessory structure (pergola) by reducing the rear yard and interior side yard setback from 0.6 metres to 0.3 metres; and allowing an overhang projection of up to 0.15 metres for the accessory structure (pergola) be approved subject to the following condition: That the eaves of the pergola be altered within 60 days to permit a maximum overhang projection of 0.15 metres. 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" "Carried" Minutes from March 25, 2021 Page 3 3.2 A2021-0002 Owner/applicant: Harry & Jennifer Schillings 3720 Concession Road 8, Clarke Harry Schillings, 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. 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 Pojhola. Full text of decision: "That application A2021-0002 for a minor variance to Section 13.3.1 b. of Zoning By-law 2005-109 to permit the construction of a greenhouse, by reducing the interior side yard setbacks from the required 50 metres to 10 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. "Carried" 3.3 A2020-0003 Owner/Applicant: Scott Penfound 190 Church Street, Bowmanville Scott Penfound, the owner participated via the Teams app with both audio and video. Mr. Penfound gave a verbal presentation to the Committee in favour of the application. In Mr. Penfound's opinion the residential use continued after the rezoning in 2014 because he occasionally slept at the property while using it as his business location. Committee Member, Shelley Pohjola asked staff if the residential use was legal non- conforming. Planning Staff Member, Toni Rubino, advised that the residential use of the property does not have legal non -conforming status. Committee Member, Shelley Pohjola asked staff for clarity on this based on Mr. Penfound's verbal presentation. Planning Staff Member, Paul Wirch indicated that after 2014 the property was used for a business and that the occasional sleepovers in the office did not constitute a continuation of the residential use. Mr. Wirch explained that the property is zoned for commercial use only and that, should the minor variance be approved, the owner would Minutes from March 25, 2021 Paae 4 have the choice to use the property for either a professional office or a residence, but not both as the property is not zoned for a mixed use. Mr. Penfound responded that he may have misled the Committee in his description of the use of the property and clarified that the property was not used as his primary residence. Mr. Penfound indicated that he used the property for financial service offices and on late nights that he would sleep on a couch upstairs. Committee Member, Shelley Pojhola, asked the applicant when the rezoning was completed and if he owned the property at that time. Mr. Penfound responded that he purchased the property in 2014 and that the previous owners rezoned the property. Committee Member, Shelley Pojhola, asked staff to comment on the letter from the Rice family indicating that the notice may have been incorrect. Planning Staff Member, Paul Wirch, advised that the notice was accurate. Committee Member, Shelley Pojhola, asked staff if the Rice family received a copy of the Staff Report. Planning Staff Member, Paul Wirch, advised that they were sent a copy of the Staff Report. Committee Member, Noel Gamble, asked for clarity on whether the residential and commercial use could occur concurrently on the property. Planning Staff Member, Paul Wirch, stated that the property can be used exclusively as a single-family detached dwelling or as a business, but not both at the same time. Discussion on the rezoning application in 2014 went into detail about why a mix -use permission was not desirable for this building and property. Committee Member, Dave Eastman, asked staff to clarify why we are not converting the property back to only residential. Planning Staff Member, Paul Wirch, advised that there is an opportunity to offer some flexibility on the use of the property. In our experience, other home conversions such as this remain a business for a while and then revert back to a residence. We continue to believe that the property can effectively function as either. Committee Member, Dave Eastman, asked Mr. Penfound if he intends to sell the property. Mr. Penfound, the owner, advised that he does plan on selling the property. Planning Consultant, John McDermott, spoke on behalf of his clients the Rice family who own adjacent properties to the north and west of the subject site. Mr. McDermott participated via the Teams app with both audio and video. Mr. McDermott advised that he and his client are not opposed to the minor variance, however he outlined his client's concerns and that should the Committee approve the application, that they do so with Minutes from March 25, 2021 Page 5 conditions. Mr. McDermott asked what the regulatory provisions would be for the residential use should the future owner want to enlarge or extend the building. Mr. McDermott indicated that he found page 8 of the Minor Variance Report concerning with regard to the Zoning By-law regulations. Page 8 states that the Zoning By-law regulations (i.e. setbacks, height, etc.) ensure that either a residential use or an office use can only exist within the physical limits of the building as it exists today. Mr. McDermott also noted that Section 6.3 of the Minor Variance Report states that the rezoning completed in 2014 to the commercial use did not intend to remove the residential use. Mr. McDermott noted that Recommendation Report (PSD-034-14) for the rezoning did not mention the residential use. Mr. McDermott also indicated that under Section 6.4 of the Minor Variance Report it states the addition of the residential use is not intended to inhibit the development rights of the neighbouring property. Mr. McDermott stated that this is not a reasonable assumption and requested that the Committee attach two conditions should they approve the application. Otherwise, in the interest of his clients, the matter could be appealed to the Local Planning Appeal Tribunal (LPAT). Mr. McDermott advised that the conditions he would like the Committee to consider are as follows: 1. Registration of a notice on title ensuring that future owners of 190 Church Street are aware of the approved land use planning framework and the future use and development of the adjacent lands to the north and west for higher density residential purposes. 2. Clarity of the regulatory provisions which will apply to the property in the event that applications are submitted by future owners to extend or enlarge the existing structure or to address other requisite Planning Act approvals. Owner, Scott Penfound, indicated that he would have no concerns with a notice registered on title. Adjacent landowner, Andrew Rice, indicated that they do not oppose the residential use and would like conditions added to the minor variance, if approved. Mr. Rice wanted to know what the zoning provisions would be for the residential use. Committee Member, Shelley Pojhola, asked Mr. McDermott if he would file an appeal should the conditions not be imposed. Planning Consultant, John McDermott, stated that this was correct. In order to protect the long-term interests of his clients Mr. McDermott indicated that a notice registered on title would result in little opportunity for the future owners of 190 Church Street to appeal, especially with regard to sun and shadow concerns. Committee Member, Shelley Pohjola stated that an agreement registered on title is a third -party agreement. Committee Member, Dave Eastman, asked Mr. McDermott if 190 Church Street is the only property that would be affected by a Sun/Shadow Impact Study. Planning Consultant, John McDermott, stated that this was correct. Minutes from March 25, 2021 Page 6 A prospective purchaser, Shawna Davidovich, participated via the Teams app with audio only. Ms. Davidovich asked what type of restrictions would be on the property if she wanted to build an addition. Planning Staff Member, Paul Wirch, indicated that the building should remain in the condition it is in with regard to the physical character of the building but that it would not restrict interior renovations. Committee Member, Shelley Pojhola, asked staff to comment on the letter provided by the Rice family with regard to the lack of provisions for the residential use. Planning Staff Member, Paul Wirch, stated that he supports Mr. McDermott's analysis and that Staff can apply the R1 provisions to the approval. Committee Member, Shelley Pojhola, stated that the Committee does not have the R1 zoning regulations available before them and that the public should be made aware of the provisions. Planning Consultant, Mr. McDermott, stated that tabling the application would allow for clarification to be provided on the wording and intent of the public meeting notice, and with respect to the zoning regulations that would apply to the residential use. No other Committee Members had questions or comments. No other persons spoke in support or opposition of the application. Motion to table moved by Dave Eastman, seconded by Shelley Pohjola. Full text of decision: "That the application A2021-0003 to permit a single -detached dwelling in addition to a business, professional or administrative office be tabled for a period of up to sixty (60) days to allow Planning staff to address the performance standards for the residential single -detached dwelling and to clarify the wording of the purpose of the application." 4. Adoption of Minutes of Previous Meeting, February 18, 2021 Moved by Dave Eastman, seconded by Noel Gamble "That the minutes of the Committee of Adjustment, held on February 18, 2021 be Approved." "Carried" 5. Other Business • Appeal date for the foregoing applications is April 14, 2021. • Next Meeting of the Committee of Adjustment is scheduled for April 15, 2021. Minutes from March 25, 2021 7 6. Adjournment Moved by Shelley Pohjola, seconded by Noel Gamble. "That the meeting adjourn at 8:15 pm."