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HomeMy WebLinkAbout2021-10-28Ciarftwn Minutes of the Committee of Adjustment Corporation of the Municipality of Clarington October 28, 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 Chairperson Sean Jeffrey Acting Secretary -Treasurer Annette VanDyk Meeting Host Shelley Pohjola Member Gord Wallace Member Dave Eastman Member John Bate Member Noel Gamble Member Paul Wirch Planning Staff Mark Jull Planning Staff 1. Call to Order The Chair called the meeting to order at 7:00 p.m. 2. Disclosures of Pecuniary Interest There were no pecuniary interests stated for this meeting. "Carried" Minutes from October 28, 2021 Paae 2 3. Applications: 3.1 A2021-0036 Owner/Applicant: Kristin Cranney 47 Forrester Drive Parts 1 & 2, Plan 40R-28017, Part Lot 10, Concession 2, Former Township of Darlington K Cranney, via the Teams application with audio, gave a verbal presentation to the Committee regarding the application. She thanked Public Works and Planning Staff for attending the site to review the existing drainage which resulted in a change of recommendation. T Taylor asked for clarification regarding the conditions recommended by Planning Staff. S Jeffrey responded that the condition was put in place to limit the height of future sheds on the property as a height with an increased height could be a nuisance to neighbouring properties. G Wallace asked for clarification to K Cranney whether a survey was obtained for the property. K Cranney stated that when the fence was constructed a few years ago it was placed along what was assumed to be the property line. No survey was obtained to ensure the property lines and setback was accurate for this application. N Gamble asked for clarification about the other condition from Planning Staff regarding drainage. S Jeffrey responded that this condition requires the existing drainage to be maintained. If this is altered, the variance is no longer valid. No other persons spoke in support of or in opposition to the application. The Committee noted one submission was received from a neighbour in opposition to the application. No other Committee Members had questions or comments. Motion to approve A2021-0036 as recommended by N Gamble. Seconded by J Bate. Full text of decision: "That application A2021-0036 for a minor variance to Section 3.1 c. of Zoning By-law 84-63 to permit the existing 2.5 square metre accessory structure (shed), having a height of 2.2 metres, by decreasing the minimum interior side yard setback from 0.6 metres to 0.2 metres and by decreasing the minimum rear yard setback from 0.6 metres to 0.2 metres, be approved subject to the following condition: a) That the existing drainage patterns remain unaltered as per the lot grading certification issued on April 8, 2013; as surface runoff must be able to pass underneath the elevated structure as well as the south fence to avoid ponding; Minutes from October 28, 2021 Page 3 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" 3.2 A2021-0037 Owner: Parveen Lata Applicant: Clinton Dochuk — Hom Drafting and Design 75 Kilpatrick Court Part Lot 16, Concession 2, Former Township of Darlington C Dochuk, via the Teams application with audio, gave a verbal presentation to the Committee regarding the application. He stated that the shape of the lot created a pinch point in the setback, requiring a variance. No other persons spoke in support of or in opposition to the application. No other Committee Members had questions or comments. Motion to approve A2021-0037 as recommended by S Pohjola. Seconded by D Eastman. Full text of decision: "That application A2021-0037 for a minor variance to Section 3.1 g. iv) of Zoning By-law 84-63 to permit the construction of a deck by increasing the rear yard deck projection from 1.5 metres to 4.1 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 Official Plan." "Carried" 3.3 A2021-0038 Owner/Applicant: Gregory & Alyssa Paxton 281 Bruce Cameron Drive Part Lot 14, Concession 3, Former Township of Darlington G Paxton, via the Teams application with audio and video, gave a verbal presentation to the Committee regarding the application. No other persons spoke in support of or in opposition to the application. No other Committee Members had questions or comments. Minutes from October 28, 2021 Paae 4 Motion to approve A2021-0038 as recommended by D Eastman. Seconded by G Wallace. Full text of decision: "That application A2021-0038 for a minor variance to Sections 3.1 g. iv) and 13.4.54 f. iii) b) of Zoning By-law 84-63 to facilitate the construction of a deck by increasing the rear yard deck projection from 1.5 metres to 3.4 metres and increasing maximum lot coverage from 45% to 49%, 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 A2021-0039 Owner/Applicant: Derek Hull — 1728589 Ontario Inc. 1639 Highway 2, Courtice Part Lot 30, Concession 2, Former Township of Darlington D Hull, via the Teams application with audio and video, gave a verbal presentation to the Committee regarding the application. He stated that the variance is required to permit additional outdoor eating space for the future businesses at this development. G Wallace asked for clarification as to how many patios there will be on the property. D Hull responded that there will be 3 additional patios present. No other persons spoke in support of or in opposition to the application. No other Committee Members had questions or comments. Motion to approve A2021-0039 as recommended by S Pohjola. Seconded by J Bate. Full text of decision: "That application A2021-0039 for a minor variance to Table 16A.4 of Zoning By-law 84- 63 to increase the maximum front yard setback from 5 metres to 6.6 metres to facilitate the development of an outdoor patio accessory to an Eating Establishment 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" Minutes from October 28, 2021 Page 5 4. Adoption of Minutes of Previous Meeting, September 28, 2021 Moved by N Gamble Bate. Seconded by D Eastman. "That the minutes of the Committee of Adjustment, held on September 28, 2021 be approved." "Carried" 5. Other Business • Application A2021-0024 — 8 Worthington will be recommended to be tabled for up to 6 months at the next meeting to give the applicant time to coordinate an arrangement with their neighbour. The applicant obtained a survey and it was found that the shed in question encroaches onto the neighbouring property. This encroachment will have to be sorted out between the neighbours before the variance will be heard. • Appeal date for the foregoing applications is November 17, 2021. • Next Meeting of the Committee of Adjustment is scheduled for November 25, 2021. 6. Adjournment Moved by S Pohjola, seconded by G Wallace. "That the meeting adjourn at 7:32 p.m." "Carried"