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HomeMy WebLinkAbout2021-04-15Clarftwn *Revised* Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington April 15, 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 Aibelle Babista Annette VanDyk Shelley Pohjola Dave Eastman John Bate Noel Gamble Gord Wallace Chairperson Acting Secretary -Treasurer Meeting Host Member Member Ruth Porras (for A2021-0003) Anne Taylor Scott (for A2021-0003) 1. Call to Order Member Member Member Planning Staff Planning Staff 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. Minutes from *April 15, 2021 Page 2 3. Applications: 3.1 A2021-0004 Owner/Applicant: Nancy Vanniejenhuis Agent: Rich Bouma 1535 Ovens Road, Newtonville The applicant/owner nor the agent were in attendance. No Committee Members had questions or comments. No persons spoke in support or opposition of the application. Motion to *Table* as recommended. Moved by Noel Gamble, seconded by Gord Wallace. Full text of decision: "That application A2021-0004 for a minor variance to permit an accessory building on a retained lot where a principal building does not exist, for a period of up to three years, be tabled for a period of up to 60 days." "Carried" 3.2 A2021-0005 Owner/applicant: William Stroud 4962 Main Street, Orono The applicant, William Stroud, participated via the Teams with audio only. He gave a verbal presentation to the Committee in favour of the application. Committee member, Gord Wallace, asked for clarification on the front yard setback requirement. The applicant, William Stroud, responded that he believed a minimum front yard setback of 5 metres is required. Planning Staff Member, Ms. Taylor Scott, clarified that the Zoning By-law does not establish a front yard setback minimum in the front yard as accessory structures are not permitted within the front yard. Committee Member, Dave Eastman, asked the applicant to outline the purpose of the accessory structure (garage). The applicant, Mr. Stroud, stated the garage will be for a home gym and/or game space. In the future, the garage could accommodate a vehicle if he decides to do so. No other Committee Members had questions or comments. Minutes from April 15, 2021 Page 3 The Chair, Todd Taylor, asked if there was any member of the public that wanted to speak. Corey Klose, a neighbouring property owner north of the subject property, indicated that they share a well in close proximity to the garage. Ms. Klose asked whether the well location/water lines were addressed in this application. The applicant, Mr. Stroud, said he spoke to the Durham Regional Health Department and the only lines on the property were related to the septic system. Ms. Klose also expressed concern with the hill being excavated and asked if any removal of trees would occur. The applicant stated that there will not be any tree removal from the hill. Ms. Klose then asked about a future sidewalk planned for the west side of Main Street. The applicant added that he is not aware of the plan for a sidewalk but there is significant space from the garage to the front property line, and further space for a sidewalk between the front property line and the travelled portion of the road. No other 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 A2021-0005 for a minor variance for Section 3.1 c. of Zoning By-law 84-63 to permit an accessory building in the front yard with a minimum front yard setback of 4.5 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" 3.3 A2021-0006 Owner/Applicant: 2658333 Ontario Inc. Agent: Candevcon Limited 53 Liberty Street North, Bowmanville The agent, Erik Mirtsou of Candevcon Limited, was present on behalf of the applicant and participated via the Teams with audio only. He gave a verbal presentation of the application to the Committee and added that a request for a severance on the subject property was submitted to the Region of Durham. He requested that at this time, the Committee table the application for a period 90 to 120 days to allow further consultation with Staff on both the Land Division and the Minor Variance applications. No Committee Members had questions or comments. Minutes from April 15, 2021 Page 4 The Chair, Todd Taylor, asked if any member of the public wanted to speak Dan Brock, owner of the neighbouring property at 55 Liberty Street North, read an email he submitted to Staff expressing his objection to the application. Terry Hobbs, the current tenant at 53 Liberty Street North, explained he resides on the subject property with his two young children and that the proposal would remove valuable space they use for their enjoyment. He stated that he became familiar with the proposal through this variance application and his landlord, the applicant, has not discussed this proposal with him. Terry said he contacted the Ontario Landlord & Tenant Board and was advised it would be a major case. He also added that he has disability issues. The applicant's agent, Erik Mirtsou of Candevcon Limited, responded that the proposal would maintain the existing parking and sufficient yard space. He states that this proposal is preliminary. Both Mr. Brock and Mr. Hobbs explained that the notice sign on the property included an incorrect phone number which caused them delay in joining the Teams meeting via phone. Ms. VanDyk clarified that the number on the sign was correct. No other comments from the public or Committee members were received. Motion to table as recommended. Moved by Dave Eastman, seconded by John Bate. Full text of decision: "That application A2021-0006 for a minor variance to Section 12.2 b. i) of Zoning By-law 84-63 to reduce the minimum lot frontage from 15 metres to 14.7 metres to facilitate a severance for a single detached dwelling, be tabled for a period of up to 90 days to allow for further discussion on the overall development proposal." "Carried" 3.4 A2021-0003 Owner/Applicant: Scott Penfound 190 Church Street, Bowmanville The Committee stated that this application was heard at the previous meeting. The applicant, Scott Penfound, participated via the Teams with audio only. He gave a verbal presentation to the Committee in favour of the application. The Chair, Todd Taylor, asked if any member of the public wanted to speak. John McDermott, a consultant representing the Rice family, neighbours of the subject property, spoke of concerns with the application, and asked that the Committee either impose a condition that requires the purchaser to register a warning clause on title that Minutes from April 15, 2021 Page 5 ensures they are aware of the higher density planned for the adjacent lands, or deny the application because it does not meet the requirements of Section 45 of the Planning Act. Mr. McDermott first referred to Clarington's webpage for Minor Variances called Minor Variance to Zoning. He quoted the first paragraph on the webpage where it indicates a minor variance may not be used to introduce a use to the property. He reiterated that the 2014 rezoning on the subject property resulted in a change in use to commercial which should have captured the residential use at the time. Mr. McDermott added that he and his clients received the report the morning of the meeting date. He said the applicant concurred with the revised notice wording after notice was given which is not the proper procedure when revising an application. Mr. McDermott stated his clients' concerns with Section 1.19 of the Staff report with which he disagreed. He said that any claim from Staff that suggested he had harassed them is not true and clarified that he had had two discussions with Staff, one in March with Paul Wirch and Ruth Porras, and the other in April with Anne Taylor Scott and five other Planning Staff. McDermott concluded by stating that this proposal should not be dealt with through a Minor Variance but through a rezoning. The applicant, Mr. Penfound, responded that the property is more appropriate for a residential use than a commercial, as it is an established home in an established neighbourhood, which would return the home to its original use. Questions from the Committee were raised. Committee Member, Dave Eastman, questioned Mr. McDermott about the change in use. Mr. McDermott clarified that the change in use previously was through a rezoning. Committee member, Noel Gamble, asked the applicant, Mr. Penfound, to clarify that this application is restoring the property back to a residential use. The applicant, Mr. Penfound agreed in his response. Committee Member, Shelley Pohjola, questioned Mr. McDermott regarding his two contrary arguments as suggestions for the Committee's decision: firstly, that the use is not permitted and cannot meet the 4 tests of the Planning Act; and secondly, that he would not object the approval of the application provided his recommended conditions are imposed. Mr. McDermott responded by asking the Committee to focus on the outcome, which is to impose the conditions; and if the Committee did not impose the conditions, he would offer why it would not meet the 4 tests for a minor variance. The Chair, Todd Taylor, asked if there was any other member of the public wanting to speak. Shawna Davidovich, the prospective purchaser of 190 Church Street, stated that the decision would impact their circumstance as they had placed an offer to purchase the property. She wishes to own this home and imagines a growing family and loves the town of Bowmanville. Minutes from April 15, 2021 Page 6 Andrew Rice represented his parents, John and Janet Rice, and provided three points to the discussion. He first raised Section 1.19 in the Staff report and said more issues occurred in the past weeks because Staff did not provide information they had requested. Second, he asked why a note could not be added on title. Lastly, he wanted to ensure their new neighbours are aware of adjacent plans for future high -density residential uses. Committee Member, Noel Gamble, stated that there seemed to be a lack of clarity throughout the entire process and asked for clarity on the phrase in the notice that says, "in addition to". Planning Staff Member, Ms. Taylor Scott, clarified that the wording "in addition to" was on the first notice for the March 25t" meeting which triggered confusion. The recent notice was revised for clarity. Ms. Taylor Scott explained the process of taking in an application for minor variance and that the application for 190 Church Street included the following wording: "request residential use in addition to the existing commercial use". Ms. Taylor Scott clarified the purpose in the first meeting notice by replacing "residential use" with "single detached dwelling" which was the intent of the applicant. The risk of using "residential use" could result in many different residential built forms versus the intent of using the existing structure as a single detached dwelling. She added that Staff did not request the applicant to formally resubmit or revise the application, and the applicant concurred with the revised wording of the purpose and effect of the minor variance. Staff reminded the Committee that the intent of application has not changed since the original submission. Committee Member, Shelley Pohjola, asked Ms. Taylor Scott whether the application and notice of hearing was recirculated. Ms. Taylor Scott clarified that both documents were recirculated. Committee Member, Shelley Pohjola, commented on the rezoning that occurred in 2014 and asked why this proposal would not follow the same process. Ms. Taylor Scott confirmed the minor variance process was determined to be appropriate under the circumstances. Planning Staff Member, Ms. Porras, added that the 2014 rezoning involved more than the change in use as it considered revisions to parking regulations among other provisions and considered policy directions to maintain neighbourhood character and those in the applicable secondary plan. Ms. Taylor Scott added that historically the structure existed as a residential building, and that adding the permission for a residential use is appropriate to consider through this minor variance process. Committee Member, Shelley Pohjola, asked Planning Staff to clarify what Planning Act process would be triggered if modifications are proposed to the use of the property or building at 190 Church Street. Planning Staff Member, Ms. Taylor Scott, clarified that the Planning Act process would depend on the type of proposal. The 2014 rezoning introduced a maximum permitted Minutes from April 15, 2021 Page 7 Gross Floor Area of 240.8 square metres. As a result of this regulation, any proposed expansion to the existing floor area would require a Planning Act application. No other Committee Members had questions or comments. No other persons spoke in support or opposition of the application. The Chair, Todd Taylor, reminded the Committee that they may add conditions to their decision on this application which could either be: to register a notice with a solicitor and put this on title, or have the owner work with the Municipal Solicitor. The Chair also reminded the Committee they have the decision to table or deny, if not approve. Motion to approve as recommended. Moved by John Bate, seconded by Dave Eastman. Full text of decision: "That application A2021-0003 for a minor variance to Section 16.5.59 of Zoning By-law 84-63 to permit the existing structure at 190 Church Street to be used either as a single detached dwelling or as a business, professional or administrative office, 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, March 25, 2021 Moved by Noel Gamble, seconded by Shelley Pohjola. "That the minutes of the Committee of Adjustment, held on March 25, 2021 be Approved." "Carried" 5. Other Business • Appeal date for the foregoing applications is May 5, 2021. • Next Meeting of the Committee of Adjustment is scheduled for May 13, 2021. 6. Adjournment Moved by Dave Eastman, seconded by Shelley Pohjola. "That the meeting adjourn at 8:15 pm."