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HomeMy WebLinkAbout2021-08-12Ciarftwn Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington August 12, 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 Gord Wallace Dave Eastman Noel Gamble John Bate Anne Taylor Scott 1. Call to Order Chairperson Acting Secretary -Treasurer Meeting Host Member Member The Chair called the meeting to order at 7:00 pm. 2. Disclosures of Pecuniary Interest There were no pecuniary interests stated for this meeting. "Carried" Member Member Member Planning Staff Minutes from July 22, 2021 Page 2 3. Applications: 3.1 A2021-0009 Agent: Roderick Sutherland — Fifty Five Clarington Ltd. 51 & 55 Clarington Blvd, Bowmanville Roderick Sutherland, Land Development Manager with Kaitlin Corporation, participated via the Teams app with audio and video and gave a verbal presentation to the Committee in favour of the application and explained the purpose. Devon Daniell and Laszlo Dora were also present to answer questions on behalf of Kaitlin Corporation D Eastman asked why the unit sizes are proposed to be reduced as it seems the one - bedroom suite is already small in size. R Sutherland explained there are several reasons but directs the Committee back to the report as it references the total reduction of 8 square metres which is minor. D Eastman raised a public comment stating some units have already been sold, which were larger in size. D Daniell explained those units sold were not subject to the size reduction of this minor variance and that he had spoke with the public member who expressed the concern. G Wallace asked how the area of the lot was obtained. R Sutherland explained that originally the lot was larger, but as a result of the development to the west (MODO South), a portion of the lands needed to be conveyed to accommodate servicing to both lots. Therefore, the land assembly affected the calculation of the total lot size. A Taylor -Scott stated she did a thorough review and confirmed the subject property is 1.75 hectares as provided in the report. N Gamble asked if the number of units increased over time and what the reasoning was. D Daniell explained that the increase in density is related to the land conveyance to MODO South which required the easement and services to be retained. The plan has not changed, but the denominator had to change as a result of dedicating part of the lands to MODO. No other persons spoke in support or opposition of the application. No other Committee Members had questions or comments. Motion to approve A2021-0009 as recommended by N Gamble. Seconded by S Pohjola. Minutes from July 22, 2021 Page 3 Full text of decision: "That application A2021-0009 for minor variances to Sections 15.2 d. i), ii), and iii), Section 15.2 f., Section 15.4.44 a. ii), Section 15.4.44 b. ii) and Section 15.4.44 h. of Zoning By-law 84-63 to facilitate the development of two apartment buildings containing a total of 440 dwelling units, 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 Clarington Official Plan and Durham Region Official Plan." "Carried" 3.2 A2021-0018 Owner/Applicant: Sivatheepan Suntharalingam 27 Arthur McLaughlin Street, Bowmanville Kuru Thevarajan, participated via the Teams app with audio and video and gave a verbal presentation to the Committee in favour of the application and explained the purpose. He wishes for the side entrance to provide access to a future basement apartment but will be a side entrance to the existing dwelling at this time. T Taylor asked if the applicant saw the report and the conditions related to the building permit. K Thevarajan stated there are no issues with the conditions. No other persons spoke in support or opposition of the application. No other Committee Members had questions or comments. Motion to approve A2021-0018 as recommended by G Wallace. Seconded by J Bate. Full text of decision: "That application A2021-0018 for minor variances to Section 3.1 g. iv) and Section 13.4.54 d. iii) of Zoning By-law 84-63 to facilitate the construction of a side entrance to a proposed in-house apartment by decreasing the minimum side yard setback from 0.6 metres to 0.26 metres as a result of a step projection be approved subject to conditions fulfilled at the time of Planning Staff review of the Building Permit Application: a. Approval of a grading plan that conforms to the Municipality of Clarington Design Guidelines and is satisfactory to the Director of Public Works, and b. Demonstrate a through access to satisfy the Director of Fire and Emergency Services, 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 Clarington Official Plan and Durham Region Official Plan." "Carried" Minutes from July 22, 2021 Page 4 3.3 A2021-0029 Applicant: Ryan Eickmeier Owner: Ludwig Fischer 415 Baseline Road, Bowmanville Ryan Eickmeier, CEO of Helping Hands Daycare, participated via the Teams app with audio and video and gave a verbal presentation to the Committee in favour of the application and explained the purpose. He adds that the child population in the area is increasing and is looking for a suitable commercial location for a daycare, which this location provides adequate outdoor amenity space for children's play. Robert Bellisimo, landlord of the property, expressed full support for the application and thanked the Committee for considering the application. No other persons spoke in support or opposition of the application. No other Committee Members had questions or comments. Motion to approve A2021-0029 as recommended by D Eastman. Seconded by S Pohjola. Full text of decision: "That application A2021-0029 for a minor variance to Section 20.1 b. of Zoning By-law 84-63 by permitting a Day Nursery within the existing commercial building 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 Clarington Official Plan and Durham Region Official Plan." "Carried" 3.4 A2021-0030 Owner/Applicant: Ron McLeister & Kathleen Kunath 265 Beaver Street North, Newcastle Ron McLeister and Kathleen Kunath participated via the Teams app with audio and video and gave a verbal presentation to the Committee in favour of the application and explained the purpose. No other persons spoke in support or opposition of the application. No other Committee Members had questions or comments. Motion to approve A2021-0030 as recommended by J Bate. Seconded by N Gamble. Full text of decision: "That application A2021-0030, for a minor variance to Section 3.22 a. of Zoning By-law 84-63 to facilitate the construction of an addition (including an attached garage) to the existing dwelling by reducing the required setback to the Environmental Protection Zone Minutes from July 22, 2021 Page 5 from 3 metres to 0.6 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 Clarington Official Plan and Durham Region Official Plan." "Carried" 3.5 A2021-0031 & A2021-0032 Owner/Applicant: Reuben & Kathryn McRae 82 & proposed 92 Beaver Street, Newcastle Reuben McRae, owner of 82 Beaver Street, participated via the Teams app with audio and video and gave a verbal presentation to the Committee in favour of the application and explained the purpose. T Taylor asked R McRae if he had reviewed the Staff report and finds the conditions acceptable. R McRae stated he has reviewed the report and agrees with the conditions. D Eastman asked R McRae where they live, he stated he resides at 28 Emily Street East. T Taylor asked if any members of the public wanted to speak Tenzin Gultzen a resident at 106 Beaver Street South, adjacent to the proposed severed lot, spoke against both applications with two concerns regarding the lot size and the heritage status of the subject property. He explained that the severance will create two of the smallest lots on Beaver Street and in this established neighbourhood. He understands the process of redevelopment on properties with heritage status and previously serving on the Heritage Committee, he desires for the lot and home to be preserved. S Pohjola, asked if Staff could speak to the two comments made by the resident. A Babista, explained that the resulting lot areas will be sufficiently greater than what is required in the parent "R1" Zone, which can still accommodate a single detached dwelling. The subject property is also adjacent to the Newcastle Village Secondary Plan area, where it's envisioned for a range of commercial and institutional uses that serve the greater community; therefore, adding a dwelling to the immediate residential neighbourhood serves the vision of this area. Regarding the heritage status on the property, the condition imposed through the approval of this minor variance would ensure that the proposed dwelling will be thoroughly reviewed through Official Plan policies and the Municipality's Control Architect, for suitability within the neighbourhood and adjacent to the existing dwelling. D Eastman asked why there is no condition imposed on 82 Beaver Street with the existing dwelling. A Babista explained that at this time there are no proposed alterations or building permits applications for the existing dwelling. Since it already holds Heritage Merit, it will Minutes from July 22, 2021 Page 6 be reviewed under the Heritage policies if a building permit application came forward The condition imposed on 92 Beaver Street primarily pertains to the building siting. N Gamble, asked if the Heritage Committee had offered comments, A Babista explained that the applications were circulated to the Heritage Planner who confirmed the property is listed on Clarington's Heritage Inventory and reinforced the Official Plan policies for development on properties with heritage consideration. No other persons spoke in support or opposition of the application. No other Committee Members had questions or comments. Motion to approve A2021-0031 as recommended by S Pohjola. Seconded by N Gamble. Full text of decision: "That application A2021-0031 for minor variances to Zoning By-law 84-63, including: a. Section 12.4.1 a. to reduce the minimum lot area from 650 square metres to 585 square metres, b. Section 12.4.1 b. to reduce the minimum lot frontage from 18 metres to 17 metres, and c. Section 12.2 d. ii) to recognize the existing 0 metre exterior side yard setback to the existing dwelling where a minimum 6 metres is required; 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 Clarington Official Plan and the Durham Region Official Plan." Motion to approve A2021-0032 as recommended by N Gamble. Seconded by J Bate. Full text of decision: "That application A2021-0032 for minor variances to Zoning By-law 84-63, including: a. Section 12.4.1 a. to reduce the minimum lot area from 650 square metres to 582 square metres; and b. Section 12.4.1 b. to reduce the minimum lot frontage from 18 metres to 16.7 metres; be approved subject to the following condition: The building permit for 92 Beaver Street South will be reviewed for architectural control and urban design conformity to the character of the surrounding neighbourhood to the satisfaction of the Director of Planning and Development Services, 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 Clarington Official Plan and Durham Region Official Plan." "Carried" Minutes from July 22, 2021 Page 7 4. Adoption of Minutes of Previous Meeting, July 22, 2021 Moved by D Eastman. Seconded by S Pohjola. "That the minutes of the Committee of Adjustment, held on July 22, 2021 be approved." "Carried" 5. Other Business • Appeal date for the foregoing applications is September 1, 2021. • Next Meeting of the Committee of Adjustment is scheduled for August 26, 2021. • Accessibility training for members of the Committee of Adjustment is required — a pre -requisite if serving on any Clarington Committee. o Annette needs a certificate of completion from each Committee Member. 6. Adjournment Moved by G Wallace, seconded by J Bate. "That the meeting adjourn at 7:49pm." "Carried"