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HomeMy WebLinkAboutA2020-0055 3 Pine Street December 10 Commentsc1twingwn Planning Services Committee of Adjustment Addendum Report to the November 12 A2020-0055 Comments Date of Meeting: December 10, 2020 File Number: A2020-0055 Report Subject: A minor variance application to reduce the lot area from the minimum 550 square metres to 540 square metres and to reduce the minimum landscaped open space in the front yard (soft landscaping) from the required 50% to 47% to facilitate the development of a semi-detached dwelling at 3 Pine Street, Bowmanville. Recommendations: 1. That the Report for Application A2020-0055 be lifted from the table; 2. That the Addendum Report for Minor Variance Application A2020-0055 be received; 3. That all written comments and verbal submissions were considered in the deliberation of this application; 4. That the revised application A2020-0055 for a minor variance to Sections 12.2 a. ii)., and 12.2.1. d. ii) of Zoning By-law 84-63 to reduce the lot area from the minimum 550 square metres to 540 square metres and to reduce the minimum landscaped open space in the front yard (soft landscaping) from the required 50% to 47% to facilitate the development of a semi-detached dwelling at 3 Pine Street 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; and 5. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2020-0055 1 Background Page 2 1.1 Application A2020-0055 was heard at the Committee of Adjustment meeting on November 12, 2020. The applicant was given additional time to comply with address Planning and Public Works Staff comments and the Committee approved the following motion: "That application A2020-0055 for a minor variance to Sections 12.2 a. ii)., 12.2.1. b. ii) c)., c. ii). b., d. ii) of Zoning By-law 84-63 to permit an increase to the maximum lot coverage from 30% to 36%, to reduce the lot area from the minimum 550 square metres to 540 square metres, to reduce the side yard setback from the required 1.8 metres to 1.5 metres and to reduce the minimum landscaped open space in the front yard (soft landscaping) from the required 50% to 47% to facilitate the development of a semi-detached dwelling at 3 Pine Street Bowmanville be tabled for a period of up to 60 days, to allow the applicant time to adjust the building design to meet Public Works and Planning staff comments" 1.2 The applicant originally submitted a minor variance application seeking variances to lot area and to seek variances to the Neighbourhood Character Overlay for lot coverage, side yard setbacks, and soft landscaping in the front yard. Staff conducted a character analysis of the lands surrounding the subject site that indicated a significant number of surrounding properties met the 30% lot coverage maximum. Staff requested tabling the application at the November 12, 2020 meeting to allow the applicant and staff to meet and discuss revisions to the proposal to be more in keeping with the prevailing character in the surrounding area. Public Works also had concerns with the paired driveways and the continuous 9.2 metre length of the driveway not meeting their standards. 1.3 The applicant has submitted a revised proposal that meets the 30% maximum lot coverage and minimum 1.8 metre side yard setback provisions of the Neighbourhood Character Overlay. The revised application still requires variances to lot area and soft landscaping in the front yard. 2 Public Notice and Submissions 2.1 Pursuant to the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. The appropriate notice was provided for the November 12, 2020 and revised notice for the December 10, 2020 meeting. 2.2 Staff received one letter of objection prior to the November 12, 2020 meeting. The letter of objection indicated that both the new dwelling constructed at 112 Duke Street, and the proposed semi-detached dwelling, are not in keeping with the character of the neighbourhood. The letter indicates that the neighbourhood Municipality of Clarington Committee of Adjustment A2020-0055 Page 3 study was completed to address new development and those provisions should be adhered to. The resident also spoke at the public meeting on November 12, 2020. 2.3 Staff have not received any public enquiries regarding the revised proposal notice for the December 10, 2020 meeting at the time of writing this report. 3 Departmental Comments 3.1 Clarington Public Works The Clarington Engineering Services Department has no concerns with the revised application. 3.2 Clarington Building Division The Clarington Building Division has no concerns with the revised application. A building permit is required. 3.3 Clarington Emergency and Fire Services Department The Clarington Emergency Services has no fire safety concerns with the revised application. 4 Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 4.1 The lands are designated Living Area in the Durham Region Official Plan and Urban Residential in the Clarington Official Plan. Both the Regional and Clarington Official Plans permit the residential use of the property. 4.2 It is staff's opinion that the application conforms to the intent and purpose of both the Official Plans. Conformity with the intent and purpose of the Zoning By-law 4.3 The subject property is zoned Urban Residential Type One (R1) in Zoning By-law 84-63 and within the Neighbourhood Character Overlay. The Neighbourhood Character Overlay is a result of the Neighbourhood Character Study discussed in Section 2 of this report. Council approved neighbourhood character overlay that provides alternative development provisions to ensure new development be compatible with the existing development with Bowmanville's older established neighbourhoods. 4.4 The intent of the minimum lot area provisions in the by-law is to ensure lands are of a suitable size for the proposed use, in this case a semi-detached dwelling. The Municipality of Clarington Committee of Adjustment A2020-0055 Page 4 applicant is seeking a reduction in 10 square metres, from 550 square metres to 540 square metres. The proposed dwelling meets the minimum required setbacks and the maximum lot coverage of 30% while providing approximately 140 square metre dwelling units. The proposed dwelling units are suitable for the proposed lot size. Figure 1 — Proposed site plan with semi-detached dwellings (Revised Plan) 4.5 The intent of the minimum landscaped open space in the front yard (soft landscaping) is to ensure the development respects and reinforces the existing streetscapes, which is predominately larger lawns and smaller driveways. The 50% is the total area between the dwelling and the front property line and not simply the width of the lot's frontage. As the dwelling is located closer to the streetline to meet the front yard established building line requirements of the Neighbourhood Character Overlay the amount of space available for landscaped open space is limited. 4.6 The established building line requires the minimum front yard setback to be the average setback of the dwellings on the lots to either side of the subject lands. There are only four lots on the south side of Pine Street and the established Municipality of Clarington Committee of Adjustment A2020-0055 Page 5 building line is approximately 2 metres from the streetline. The provisions of the Neighbourhood Character Overlay allow for a dwelling to be setback a maximum of 2 metres from the established building line. The applicant has proposed the dwelling units within the 2-metre allowance of the established building line to create a stronger streetscape, that is in keeping with the existing dwellings on the street. By locating the dwelling to accomplish these goals it has limited the amount of space in the front yard for landscaping. Figure 2 — Aerial photo of existing development on Pine Street. 4.7 Zoning By-law 84-63 requires a minimum of two outdoor parking spaces, 4.6 metres by 6 metres, for semi-detached dwellings. The applicant has provided the minimum parking space requirements to meet the by-law and not reduce the landscaping further. The proposed dwellings are providing the most landscaping in the front yard as possible while meeting the established building line provisions and the minimum parking space requirements. 4.8 It is in staff's opinion that the proposed dwelling area and minimum landscaped open space in the front yard (soft landscaping) maintains the intent and purpose of the Zoning By-law of creating larger lawns and limiting driveways in the front yard. Desirable for the appropriate development or use of the land, building or structure 4.9 Zoning By-law 84-63 permits semi-detached dwellings and the Neighbourhood Character Overlay provides provisions to ensure new development is compatible with the existing development in existing older neighbourhoods. The proposal Municipality of Clarington Committee of Adjustment A2020-0055 Page 6 meets majority of the by-law and Neighbourhood Character Overlay provisions and will reinforce many of the dominant characteristics of the streetscape along Pine Street. 4.10 For the above stated reasons, it is staff's opinion that the minor variance requested is appropriate development for the residential use of land. Minor in Nature 4.11 For the above stated reasons, it is staff's opinion that the lot area reduction and the front yard landscaping reduction is minor nature would be desirable for the neighbourhood. 5 Conclusion 5.1 Based on Staff's review of the application the application conforms to the intent and purpose of the Zoning By-law and the Regional and Municipal Official Plans, is desirable for the appropriate development or use of land, and is deemed to be minor in nature. 5.2 Given the above comments, Staff recommends approving this revised application for a minor variance to Sections 12.2 a. ii)., and 12.2.1. d. ii) of Zoning By-law 84-63 to reduce the lot area from the minimum 550 square metres to 540 square metres and to reduce the minimum landscaped open space in the front yard (soft landscaping) from the required 50% to 47% to facilitate the development of a semi-detached dwelling at 3 Pine Street. Submitted by: Anne Taylor' Scott, Principal Planner, Development Review Branch The following is a list of interested parties to be notified of the Committee's decision: Chris and Tara Vesters c1twingwn Planning Services Committee of Adjustment Date of Meeting: November 12, 2020 File Number: A2020-0055 Report Subject: A minor variance application to increase to the maximum lot coverage from 30% to 36%, reduce the lot area from the minimum 550 square metres to 540 square metres, to reduce the side yard setback from the required 1.8 metres to 1.5 metres and to reduce the minimum landscaped open space in the front yard (soft landscaping) from the required 50% to 47% to facilitate the development of a semi-detached dwelling at 3 Pine Street, Bowmanville. Recommendations: 1. That the Report for Minor Variance Application A2020-0055 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2020-0055 for a minor variance to Sections 12.2 a. ii)., 12.2.1. b. ii) c)., c. ii). b., d. ii) of Zoning By-law 84-63 to permit an increase to the maximum lot coverage from 30% to 36%, to reduce the lot area from the minimum 550 square metres to 540 square metres, to reduce the side yard setback from the required 1.8 metres to 1.5 metres and to reduce the minimum landscaped open space in the front yard (soft landscaping) from the required 50% to 47% to facilitate the development of a semi-detached dwelling at 3 Pine Street Bowmanville be tabled for a period of up to 60 days, to allow the applicant time to adjust the building design to meet Public Works and Planning staff comments; and 4. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2020-0055 Page 2 1 Application Details 1.1 Owner/Applicant: Perry Jackman, Hollee Homes Inc. (Agent, Bobbi Ann Brooks, Top Floor Design) 1.2 Proposal: Minor variance to Section 12.2. a. ii).,12.2.1. b. ii) c)., c. ii). b., d. ii) of Zoning By-law 84-63 to permit an increase to the maximum lot coverage from 30% to 36%, to reduce the lot area from the minimum 550 square metres to 540 square metres, to reduce the side yard setback from the required 1.8 metres to 1.5 metres and to reduce the minimum landscaped open space in the front yard (soft landscaping) from the required 50% to 47% to facilitate the development of a semi- detached dwelling. 1.3 Area of Lot: 541 square metres 1.4 Location: 3 Pine Street, Bowmanville 1.5 Legal Description: Part Lot 33, Concession 3, Former Township of Darlington 1.6 Zoning: Urban Residential Type One (R1) Zone and Neighbourhood Character Overlay in Zoning By-law 84-63 1.7 Clarington Official Plan Designation: Urban Residential 1.8 Durham Region Official Plan Designation: Living Areas 1.9 Heritage Status: None Municipality of Clarington Committee of Adjustment A2020-0055 Page 3 48 49 121 7J 50 51 96 1.28 51 2 98 30amv JYMM ANN STREET 58 127 60 W Lu :-1 CON:1 62 Ln 137 z ui � w fi = 139 88 Lin '141 PINE STREET CG 74 `" 112 W is 1 I� 114 11l J 14` - 115 14fi 116 1117 80 81 129 151 82 83 122 w BASELINE ROAD 150 MOTEL � 100 FJ� 102 �1 104 LOP 11 � � � 1418 Property Location Map (Bowman ville) ., _ Area Subject To Minor Variance u� 3 Pine Street, 6owmanville f 3 A 0 0-0055 Figure 1 —Location Map Municipality of Clarington Committee of Adjustment A2020-0055 Page 4 2 Background 2.1 In 2019, Land Division application (LD2019-0045) to sever the property at 112 Duke Street was submitted and approved by the Region of Durham Land Division Committee. Clarington's comments on the application indicated that the lands were deficient in lot area for a semi-detached dwelling and that the lands were within the neighbourhood character study area which may alter the existing provisions for dwellings once completed. 2.2 The owner of 112 Duke Street cleared Clarington's conditions; however, it is staffs understanding that the deed has not been registered to create 3 Pine Street to date. 2.3 In 2018 Council approved a Neighbourhood Character Study within the residential neighbourhoods of Elgin, Central and Memorial in Bowmanville. The study was conducted to address concerns from residents and Council with the compatibility of redevelopment or building additions in established residential neighbourhoods. Specifically concerns with overall massing (lot coverage), height, setbacks, and attached garages were reviewed through the study. 2.4 On July 6, 2020 Council approved Official Plan Amendment No. 123 and By-law 2020-050 to implement the recommendations of a Neighbourhood Character Study in the three neighbourhoods in Bowmanville. The result was a neighbourhood character overlay that provides alternative development provisions for the lands within the neighbourhoods of Elgin, Central and Memorial in Bowmanville to ensure new development is compatible with the existing development in these neighbourhoods. 2.5 The applicant has submitted a minor variance application to address the deficiency in lot area and to seek variances to the Neighbourhood Character Overlay for lot coverage, side yard setbacks, and soft landscaping in the front yard. 3 Land Characteristics and Surrounding Uses 3.1 The property as it exists today an exterior lot, having an area of approximately 10,838 square metres and an approximate frontage of 17 metres on Duke Street. The lands subject to the minor variances can be referred to as 3 Pine Street (See Figure 1). 3 Pine Street will have a frontage of 26.9 metres on Pine Street and a depth of approximately 20 metres and an area of approximately 540 square metres. 3.2 The surrounding uses to the north, south, west, and east are residential in the form of single- and semi-detached dwellings. Municipality of Clarington Committee of Adjustment A2020-0055 4 Public Notice and Submissions Page 5 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 4.2 Staff has received one letter of objection at the time of writing this report. The letter of objection indicated that both the new dwelling constructed at 112 Duke Street, and the proposed semi-detached dwelling, are not in keeping with the character of the neighbourhood. The letter indicates that the neighbourhood study was completed to address new development and those provisions should be adhered to. The letter also notes that the proposed dwelling will limit the green space on the subject lands. 5 Departmental Comments 5.1 Clarington Public Works The Clarington Engineering Services Department has concerns with the proposed driveways being located adjacent to each other. The result is a 9.2-metre-wide combined driveway which does not meet Public Works standards. A 1.2 metre separation from proposed driveways is ideal. The driveways should be redesigned, or the dwelling design modified so the driveways are located on the outside of the dwelling units. 5.2 Clarington Building Division The Clarington Building Division has no concerns with this application. A building permit is required. 5.3 Clarington Emergency and Fire Services Department The Clarington Emergency Services has no fire safety concerns with this application. 6 Discussion 6.1 The subject lands are within an area that recently went through a Neighbourhood Character Study. The study resulted in a Council approved neighbourhood character overlay that provides alternative development provisions to limit the impact of new development on the existing neighbourhood. 6.2 Staff undertook a character analysis of the lands surrounding the subject site. The character analysis was conducted to gather additional information on the surrounding neighbourhood context and build forms and to inform how the proposed variances meet the intent of the Council approved character overlay provisions. Municipality of Clarington Committee of Adjustment A2020-0055 Page 6 6.3 Staff have been in discussions with the applicant and have arranged a meeting to discuss the proposal further to address the issues identified in the character analysis and the driveway concerns raised by Public Works. 6.4 Staff recommend tabling the application to allow for additional time to discuss with the applicant to find solutions to the issues identified above. 7 Conclusion 7.1 Given the above comments, Staff recommends tabling this application for a period of up to 60 days. Submitted by. Anne Taylor Scott, Principal Planner, Development Review Branch The following is a list of interested parties to be notified of the Committee's decision: Chris and Tara Vesters