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Staff
Report
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Report To: Joint Committees
Date of Meeting: September 9, 2019
Submitted By: Faye Langmaid
Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO
File Number: PLN 8.6.7
Cross Reference: ZBA2019-0014
Report Number: PSD -039-19
By-law Number:
Resolution #: JC -102-19, JC -103-19,
PD -137-19 & PD -171-19
Report Subject: Exemption Request for 10 Victoria Street from Interim Control By-law
Recommendations:
1. That Report PSD -039-19 be received;
2. That the request for an exemption to Interim Control By-law 2018-083 for 10 Victoria
Street be denied; and
3. That all interested parties listed in Report PSD -039-19 and any delegations be advised of
Council's decision.
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Municipality of Clarington
Report PSD -039-19
Page 2
Report Overview
Ken Hoy has requested an exemption to Interim Control By-law 2018-083. He proposes a
semi-detached dwelling at 10 Victoria Street.
1. Introduction
1.1 Clarington Council approved Interim Control By-law 2018-083 on September 17, 2018
to restrict the use of land within the Residential Neighbourhood Character Study area,
which includes in part the established areas of Elgin, Central and Memorial in
Bowmanville (Figure 1). Staff Report PSD -038-19 seeks an extension of the Interim
Control By-law for one-year, with the understanding the by-law would be repealed at
such time new zone provisions were implemented as per the recommendations of the
study.
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Figure 1: Residential Neighbourhood Character Study Area
Municipality of Clarington
Report PSD -039-19
Page 3
1.2 On August 8, 2019 Ken Hoy contacted Staff to request an exemption to Interim Control
By-law 2018-083 to construct a semi-detached dwelling at 10 Victoria Street.
1.3 In order to minimize potential appeals, Interim Control By-law 2018-083 included a
number of exemptions for buildings and structures that would not likely contribute to the
issues affecting neighbourhood character, and acknowledged development applications
that were in process (Attachment 1). A Minor Variance application is required where the
regulations in terms of setback, height, lot coverage, etc. cannot be met.
1.4 A request for exemption was previously received from Barry Bolahood in March 2019
for 10 Victoria Street. On April 29, 2019, Council received for information the request
outlined in PSD -023-019 regarding the Interim Control By-law exemption request
(Resolution #C-168-19).
2. Exemption Request, 10 Victoria Street
2.1 On August 8, 2019 Ken Hoy verbally requested an exemption to Interim Control By-law
2018-083 for a property at 10 Victoria Street (see Figure 2). This followed his
submission of a Building Permit for construction of a semi-detached dwelling which he
was advised would be placed on hold due to the fact the property had not been
exempted from Interim Control By-law 2018-083.
Figure 2: Immediate area of the Interim Control By-law surrounding 10 Victoria
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Municipality of Clarington
Report PSD -039-19
Page 4
2.2 Mr. Hoy was under the impression that the exemption request submitted previously for
the property by Barry Bolahood had been granted. Mr. Hoy had previously been made
aware that 10 Victoria Street was not exempt from Interim Control By-law at a meeting
with Staff on May 16, 2019.
2.3 In May, staff requested that Mr. Hoy conduct a character analysis of the area to help
inform the design of his proposed dwelling and that he make an effort to comply with the
regulations contained in section 2. f. of Interim Control By-law 2018-083 as contained in
Attachment 1. The character analysis request was made in order for staff to determine
if the proposal would meet with policies regarding character in the Official Plan, which
requires development and redevelopment in existing neighbourhoods to:
a) Respect and reinforce the physical character of the established neighbourhood
having regard to the pattern of lots, streets and block, the size and configuration of
lots, building types of nearby properties, the height and scale of building and the
setback of building from the street, rear and side yards;
b) In neighbourhoods of historical character, be consistent with the built form pattern
of the area;
c) Adhere to all relevant Urban Design Guidelines and expectation for high-quality
architectural design and sustainable building materials; and
d) Maximize opportunities to improve accessibility and pedestrian and cycling
systems, enhance neighbourhood and transit connections, and reduce energy,
water and resource use.
2.4 Mr. Hoy advised he was not interested in conducting a character analysis or modifying
his design to comply with the regulations contained in section 2.f of Interim Control By-
law 2018-083. To date, a character analysis has not been provided.
2.5 Figures 3 and 4 depict the proposed one storey semi-detached dwelling. The design is
proposed to include a two car garage for each unit. The garages will be flush with the
porches and are paired which will make them a prominent feature in an area where
attached garages are uncommon. Where garages exist they are typically detached
which affords for larger side yard setbacks than the 1.2 m proposed. The proposed lot
coverages are 41.9% and 42.1 % respectively which exceeds the 35% maximum lot
coverage in section 2. f. of Interim Control By-law 2018-083.
2.6 There were a number of mature trees on the property, some of which have been
removed. If an exemption is considered a Land Division application would be required to
create 2 separate lots. Through that process staff would make recommendations for
compensation of trees that would have to be removed.
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Municipality of Clarington
Report PSD -039-19
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Figure 3: Proposed Site Plan for 10 Victoria Street
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Page 5
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Municipality of Clarington
Report PSD -039-19
3. Application for Exemption to Part Lot Control
Page 6
3.1 On Friday August 23, 2019 Mr. Hoy submitted an application for Exemption from the
Part Lot Control provisions of the Planning Act. Part Lot Control Exemption is a method
of subdividing land that is an alternative to the severance process. Staff do not support
a part lot control exemption for this property.
3.2 A property is only eligible for Part Lot Control Exemption if the land is within a registered
plan of subdivision. This requirement does not appear to be met In the case of 10
Victoria Street. Although the lands do appear on a historical plan dated June 30, 1869,
the former Town of Bowmanville enacted a by-law in 1956 to deem this plan not to be a
registered plan of subdivision in accordance with the Planning Act.
3.3 Staff do not support the application for Exemption to Part Lot Control for the following
additional reasons:
The property was already previously subdivided;
Clarington typically reserves Part Lot Control Exemptions for lots that are part of a
larger development application, and other conditions of development have been
satisfied; and
iii. No notice has been given to the public regarding the proposed subdivision of the
property.
3.4 For these reasons, staff recommended to Mr. Hoy that he should apply to the Region of
Durham for severance of his land, as that is the appropriate process in his
circumstances.
3.5 Staff offered to refund the Part Lot Control Exemption application fee to Mr. Hoy if he
withdrew his application, however Mr. Hoy has insisted that the matter be brought to
Council for a decision.
4. Conclusion
4.1 In consideration of the comments contained within the report, it is recommended that
the requested exemption to Interim Control By-law 2018-083 for 10 Victoria Street be
denied.
Staff Contact: Tracey Webster, Planner, 905-623-3379 ext. 2415, twebster(a_clarington.net
Attachments:
Attachment 1 - Interim Control By-law 2018-083
List of interested parties to be notified of Council's decision is on file in the Planning Services
Department.
F1 FITTFIF]
If this information is required in an alternate format, please contact the Accessibility
Co-ordinator at 905-623-3379 ext. 2131
The Corporation of the Municipality of Clarington
By-law 2018-083
being an Interim Control By-law passed pursuant to section 38 of the Planning
Act, R.S.O. 1990, c. P.13, as amended.
WHEREAS staff prepared Report PSD -078-18 identifying the need to undertake a review
or study of the land use planning regulations respecting the area shown as "Area Subject
To Interim Control By -Law" on the map contained in Schedule "A" hereto, and
recommending that the review or study of land use planning policies be undertaken;
WHEREAS at its meeting on September 17, 2018, Council directed staff to undertake the
review or study of land use planning policies for the area shown as "Area Subject To
Interim Control By -Law" shown on the map contained in Schedule "A" hereto;
WHEREAS Council deems it expedient to pass an Interim Control By-law under Section
38 of the Planning Act, R.S.O. 1990, c.P.13, as amended applicable to the are shown as
the "Area Subject To Interim Control By -Law" shown on the map contained in Schedule
"A" hereto;
NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington
hereby enacts as follows:
The use of land, buildings or structures located within the area shown as "Lands
To Which This By-law Applies" on the map contained in Schedule "A" attached to
and forming part of this By-law, is prohibited, except a use for one or more of the
following purposes:
a. An existing legally established use permitted by By-law No. 84-63, as
amended, on the day immediately prior to the date of passing of this By-
law;
b. An addition to an existing dwelling that does not alter street facade and
does not exceed:
i) 25% or more of the total floor area of the dwelling that existed on
the same lot on the date of passage of this by-law;
ii) A height of 8 metres;
iii} A roof pitch minimum of 4112 and a maximum of 7112.
iv} A lot coverage of 35%
c. Accessory buildings and structures provided they comply with the
provisions of Section 3 of Zoning By-law 84-63;
d. An apartment -in-house provided:
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i) Access is provided through a shared common entrance with the
principal dwelling use, or through an entrance within the interior side
yard or rear yard; and
ii} Provided that it complies with the parking requirements of Section 3
of the By-law and that the total driveway on the lot is less than 50%
of the lot width.
e. A home occupation in accordance with the provisions of Section 3.11 of
Zoning By-law 34-63 , save and except the retail sale of antiques, arts,
crafts or hobby items.
2. The following provides a list of exceptions to the provisions of Section 1 of this by-
law:
a. An Apartment -in-house in accordance with Section 3.2 of Zoning By-law
84-63, where access is provided through a separate front entrance from
the principal dwelling use located at each of 129 and 131 Ontario Street;
b. A new single detached dwelling at 129 Elgin Street in accordance with the
"Urban Residential Exception (R2-83)" zone.
C. Two new single detached dwellings located at 26 Concession Street West,
in accordance with the regulations contained in the conditions of approval
for LD 2018/003 & LD 20181004.
d. New single detached dwellings subject to the regulations contained in
Section 2 f. of this By-law and located at:
i) 47 Second Street, Bowmanville
ii} 73 Lambs Lane
iii} A total of 3 single detached dwellings 60 & 66 Lambs Lane in
accordance with LD2017/143-145
iv} 115 Duke Street
v) 112 Duke Street in accordance with LD2017/187 & 188
vi] 75 Duke Street
e. New semi-detached dwellings subject to the regulations contained in
Section 2 f. of this By-law and located at:
i) 69 Lambs Lane
iij 132A Elgin Street
iii} 112 Duke Street in accordance with LD2017/187 & 188
Regulations for new dwellings listed under subsections e. and f:
i) Maximum lot coverage 35%
ii} Maximum height 8 metres
iii} Minimum interior side yard setback with an
attached garage 1.2 metres
iv} Minimum interior side yard setback without an
attached garage 1.2 metres on one side,
4.5 metres on the other
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v) Minimum roof pitch 4/12
vi) Maximum roof pitch 7/12
g. An addition to a single detached dwelling located at 79 Division Street with
a maximum lot coverage of 43% in accordance with approved Minor
Variance Application A2016-0032.
2. This By-law is not applicable to applications for building permits submitted prior to
the effective date of this By-law. Schedule `A' attached hereto shall form part of
this By-law.
3. This By-law shall be in effect for a period of 1 year from the date of its passage.
Passed in Open Council this 17Th day of September, 2018.
Ad Foster, Mayor
C. A Greentree, Municipal Clerk