HomeMy WebLinkAboutComments A2021-0002 3720 Concesssion Rd 8Clarftwn
Planning and Development Services
Committee of Adjustment
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Date of Meeting: March 25, 2021
File Number: A2021-0002
Address: 3720 Concession Road 8, Clarke
Report Subject: To reduce the interior side yard setbacks from 50 metres to 10 metres to
allow for a greenhouse
Recommendations:
1. That the Report for Minor Variance A2021-0002 be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application A2021-0002 for a minor variance to Section 13.3.1 b. of Zoning By-
law 2005-109 to reduce the interior side yard setbacks from 50 metres to 10 metres
to allow for a greenhouse, 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
4. That all interested parties listed in this report be forwarded a copy of Committee's
decision.
Municipality of Clarington
Committee of Adjustment Page 2
A2021-0002
1. Application Details
1.1 Owner/Applicant: Harry & Jennifer Schillings
1.2 Proposal: A minor variance to Section 13.3.1 b. reduce the side yard setbacks from 50
metres to 10 metres
1.3 Area of Lot: 3.6 ha
1.4 Location: 3720 Concession Road 8, Clarke
1.5 Legal Description: Part Lot 24, Concession 8, Former Township of Clarke
1.6 Zoning: Agricultural (A) Zone
1.7 Clarington Official
Plan Designation: Prime Agricultural Area
1.8 Durham Region
Official Plan
Designation: Prime Agriculture and Countryside within the Oak Ridges Moraine Areas
1.9 Heritage Status: None
Municipality of Clarington
Committee of Adjustment
A2021-0002
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A2021-0002
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Page 3
Municipality of Clarington
Committee of Adjustment
A2021-0002
2. Background
Page 4
2.1 In late 2020, early 2021, the applicant had discussions with Planning Staff on plans to
expand his greenhouse facilities to support his operation known as Freskiw Farms
located at 8271 Highway 35/115. After reviewing options, the applicant determined to
proceed with the construction of a greenhouse on the subject parcel, at 3720
Concession Road 8.
2.2 On February 23, 2021 the applicant submitted a Minor Variance application for the
subject property to reduce the side yard setbacks to allow for the construction of a
greenhouse.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 3720 Concession Road 8, in Clarke, just north of
Kirby and west of Highway 35/115. A single -detached dwelling is located on the
property. The property does not contain any other farm buildings at this time.
3.2 The abutting land uses to the north, west and south are Agricultural with existing
residences. Boatland RV Marine is located on the commercial lands to the east.
3.3 The applicant's farming business known as Freskiw Farms located at 8271 Highway
35/115, is in close proximity, and is approximately 0.2 kilometres east of the subject
property.
4. Public Notice and Submissions
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 At the time of writing this report, Staff have not received any public enquiries about this
application.
Municipality of Clarington
Committee of Adjustment
A2021-0002
Figure 2: Notice on the subject property
5. Departmental Comments
Page 5
5.1 The Infrastructure Division of the Public Works Department has reviewed the application
and have no objections to the proposal.
5.2 The Building Division of the Planning and Development Services Department require a
building permit for the greenhouse.
5.3 The Clarington Emergency and Fire Services Department have found no fire safety
concerns regarding the application.
Municipality of Clarington
Committee of Adjustment
A2021-0002
6. Agency Comments
6.1 The Regional Works Department at the Region of Durham has no comments or
objections with respect to the minor variance application.
Page 6
6.2 At the time of writing this report the Ministry of Transportation (MTO) had not provided
comments for this application. An MTO land use permit is not required as the
greenhouse is located more than 180 metres away from the highway.
7. Discussion
Conformity with the intent and purpose of the Regional and Clarington Official Plans
7.1 The subject property is designated "Prime Agriculture" and "Countryside" within the
Regional Official Plan's Oak Ridges Moraine Area. Countryside Areas are intended to
protect Prime Agricultural Areas and permit small-scale agriculture -related uses.
7.2 Within the Clarington Official Plan, the subject property is designated "Prime Agricultural
Area". Prime Agricultural Areas are predominantly reserved for agricultural uses and
agriculture -related uses.
7.3 It is Staff's opinion that the application conforms to the intent and purpose of both
Official Plans.
Conformity with the intent and purpose of the Zoning by-law
7.4 The subject property is zoned Agricultural (A) in Zoning By-law 2005-109 for lands
within the Oak Ridges Moraine. The zone permits a greenhouse as a non-residential
use. Greenhouses are subject to the zoning provisions in Section 13.3.1. For the subject
property, Section 13.3.1 b. requires an interior side yard setback of 50 metres for the
proposed greenhouse.
7.5 The intent of the interior side yard setback is to allow for sufficient separation between
the building and the lot line, to accommodate areas for grading and drainage, to allow
for farm vehicle access around buildings, and enable general maintenance to the limits
of the property such as work relating to fencing.
7.6 The greenhouse is proposed to be situated in the middle of the subject property. With a
significant distance from the rear lot line, the greenhouse is proposed to be
approximately 55 metres behind the single detached dwelling.
Municipality of Clarington
Committee of Adjustment
A2021-0002
Page 7
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Figure 3: Sketch of the subject property
Municipality of Clarington
Committee of Adjustment
A2021-0002
Page 8
7.7 For these reasons, it is in Staff's opinion that the proposal maintains the intent and
purpose of the Zoning By-law.
Desirable for the appropriate development or use of the land, building or structure
7.8 The proposed location of the greenhouse is appropriate for the use of the subject farm
parcel. The greenhouse is significantly setback from the existing single detached
dwelling on the site, as well as other buildings on adjacent properties.
7.9 The applicant is proposing the greenhouse building to be oriented in an east -west
fashion to allow for convenient access to each end of the building and to accommodate
the logical addition of greenhouses to the north in the future. The proposed building
orientation would allow the applicant to grow and harvest the plants in an efficient
manner that makes entering and navigating the building easier and for transporting the
product to and from their nearby Freskiw Farms business.
7.10 All other provisions of the By-law that apply to the proposal are complied with.
7.11 For the above reasons, it is in Staff's opinion that the minor variance requested is
desirable for the use of the land.
Minor in Nature
7.12 While the proposed minor variance would reduce the permitted setback by 40 metres,
the variance can be considered minor as it is not in conflict with the Regional and
Clarington Official Plans, continues to meet the intent of the Zoning By-law and is also
desirable for the agricultural use of the property. Visual impacts will be negligible, and
the greenhouse use will continue to fit in with the predominant agricultural character of
the area.
8. Conclusion
8.1 Based on Staff's review, the application conforms to the intent and purpose of the
Regional and Municipal Official Plans and the applicable Zoning By-law, is desirable for
the appropriate development or use of the land and is deemed to be minor in nature.
8.2 Given the above comments, Staff recommends approving this application for minor
variance to Section 13.3.1 b. of Zoning By-law 2005-109 to permit the construction of a
greenhouse, by reducing the interior side yard setbacks from the required 50 metres to
10 metres.
Municipality of Clarington
Committee of Adjustment
A2021-0002
Submitted by: �14 t� i V
i i
Anne Taylor Scott, Principal Planner
Development Review Branch
Staff Contact: Aibelle Babista.
Interested Parties:
The following interested parties will be notified of Committee's decision:
Page 9