HomeMy WebLinkAboutComments A2021-006 - 53 Liberty Street NorthClarftwn
Planning and Development Services
Committee of Adjustment
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Date of Meeting: April 15, 2021
File Number: A2021-0006
Address: 53 Liberty Street North, Bowmanville
Report Subject: A minor variance application to reduce the minimum lot frontage from 15
metres to 14.7 metres to facilitate a severance for a single detached
dwelling.
Recommendations:
1. That the Report for Minor Variance A2021-0006 be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application A2021-0006 for a minor variance to reduce the minimum lot
frontage from 15 metres to 14.7 metres to facilitate a severance for a single
detached dwelling, be tabled for a period of 90 days to allow for further discussion
on the overall development proposal; and
4. That all interested parties listed in this report be forwarded a copy of Committee's
decision.
Municipality of Clarington
Committee of Adjustment
A2021-0006
Page 2
1. Application Details
1.1 Owner/Applicant: Duke Cheung
1.2 Agent: Erik Mirtsou
1.3 Proposal: To reduce the minimum lot frontage from 15 metres to 14.7 metres to facilitate
a severance for a single detached dwelling.
1.4 Area of Lot: 813.4 square metres
1.5 Location: 53 Liberty Street North, Bowmanville (Figure 1)
1.6 Legal Description: Part of Lots 7 & 8, Block 4, Hanning Plan, now Part 1, Plan 40R-
17503
1.7 Zoning: "Urban Residential Type One (R1)"
1.8 Clarington Official
Plan Designation: Urban Residential
1.9 Durham Region
Official Plan
Designation: Living Areas
1.10 Heritage Status: Secondary
Municipality of Clarington
Committee of Adjustment
A2021-0006
Page 3
Property Location Map
(Bowmanville)
- Area Subject To Minor Variance
53 Liberty Street North, Bowmanville
A2021-0006
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Figure 1 - Property Location Map
Municipality of Clarington
Committee of Adjustment Page 4
A2021-0006
2. Background
2.1 In March of 2021, Candevcon Limited submitted a minor variance application package
to Clarington's Planning and Development Services Department regarding 53 Liberty
Street North in Bowmanville. Candevcon Limited, acting on behalf of the property
owner, 2658333 Ontario Inc. (Duke Cheung), enclosed a letter with the application
outlining the purpose of the application requesting relief from the required minimum 15
metre lot frontage in Section 12.2 b. i) of Zoning By-law 84-63 facilitating the creation of
a new lot with a minimum lot frontage of 14.7 metres.
2.2 The applicant is in the process of assembling a severance application to the Region of
Durham requesting a severance on the property which would create the proposed lot
with a minimum frontage of 14.7 metres. The intent of the severance and minor variance
is to create a new lot for a single detached dwelling.
2.3 The subject property is occupied by one-half of a semi-detached dwelling, which is
connected to a parcel to the south municipally addressed as 51 Liberty Street North
(Figure 2). By pursuing a severance to create a new parcel and reducing the lot frontage
from the minimum required 15 metres to 14.7 metres, the existing semi-detached
dwelling would continue to comply with the required minimum lot frontage for a semi-
detached dwelling.
Figure 2 — Southbound view of the semi-detached dwelling unit at 53 Liberty Street North
Municipality of Clarington
Committee of Adjustment
A2021-0006
3. Land Characteristics and Surrounding Uses
Page 5
3.1 The subject property is located at 53 Liberty Street North in Bowmanville, southeast of
Carlisle Avenue and north of Wellington Street on the east side of Liberty Street. The
subject property is an interior lot, with an existing lot frontage of 24.3 metres and an
approximate lot area of 1,155 square metres (Figure 3).
3.2 The property is designated as a secondary heritage resource within Clarington's
Heritage Inventory. Secondary heritage resources are those that were constructed with
a vernacular interpretation of a particular style of architecture. Half of a semi-detached
dwelling, with vernacular features, exists on the southern portion of the property.
3.3 The surrounding uses to the north, south and west across Liberty Street are residential,
in the form of either single detached or semi-detached dwellings. The Bowmanville High
School property is located to the east with the school's parking lot located directly
behind the subject lands.
Figure 3 — Aerial view of subject property (orange) and proposed severed lot (green)
Municipality of Clarington
Committee of Adjustment
A2021-0006
4. Public Notice and Submissions
Page 6
4.1 Pursuant to the requirements of the Planning Act, the appropriate signage
acknowledging the application was installed on the subject lands (Figure 4). In addition,
the appropriate notice was mailed to each landowner within the prescribed distance.
Figure 4 — Notice of Hearing posted at the front of the subject property
4.2 At the time of writing this report, Staff received one phone call and one email from the
northern neighbouring property (55 Liberty Street North) and one phone call from the
occupant in the existing semi-detached dwelling on the subject property.
4.3 The resident representative of 55 Liberty Street North called to seek clarity on what a
single detached dwelling meant and whether the property would permit a duplex
dwelling. Staff clarified that a duplex dwelling would require a minimum lot frontage of
18 metres in Zoning By-law 84-63 and therefore not be supported by the request of this
minor variance application. However, Staff added that an apartment -in-house is
permitted in a future single detached dwelling on the property.
Municipality of Clarington
Committee of Adjustment
A2021-0006
Page 7
4.4 The resident representative of 55 Liberty Street North also submitted an email
concerned about the decrease in lot frontage for the severed parcel, potentially allowing
a dwelling type that would encroach neighbouring properties in this established
neighbourhood.
4.5 The occupant of the semi-detached dwelling on the subject property inquired about the
application, not aware of the severance to facilitate the minor variance application
request. Staff explained the nature of the application and advised the occupant to speak
to their landlord regarding the proposal.
5. Departmental Comments
5.1 The Infrastructure Division of Public Works have no objections to the proposal in
principle. Further comments will be provided when severance application is processed.
5.2 The Building Division of Planning and Development Services has no objections to the
application.
5.3 Clarington Emergency and Fire Services Department has no fire safety concerns found
on submitted drawings.
6. Discussion
6.1 The property is zoned "Urban Residential Type One (R1) Zone". Under the Regional
Official Plan, the property is designated as a "Living Area" and within the Clarington
Official Plan, the property is designated "Urban Residential" and is identified as a "Local
Corridor".
6.2 Local Corridors such as Liberty Street in Bowmanville are subject to intensification goals
and development is required to meet Regional density targets and to provide housing
options, including affordable housing. Mixed use buildings, apartments and townhouses
are among the prominent residential built forms permitted Local Corridors according to
the Clarington Official Plan. Local Corridor policies permit building heights between 2
and 6 storeys and require a minimum net density target of 40 units per net hectare.
Development must also be sensitive to the existing neighbourhood.
6.3 Upon further review of the application and relevant policies, along with discussions with
the applicant, the applicant has requested that the minor variance application be
deferred for a period of 90 to 120 days. This will ensure that the applicant consults with
Staff regarding the vision for the Liberty Street corridor and immediate area. To date,
the applicant has not requested a preconsultation meeting with Regional or Clarington
Staff regarding the pending severance application therefore any recommendation on
this minor variance application is premature.
6.4 Staff recommends tabling the application for the above stated reasons.
Municipality of Clarington
Committee of Adjustment
A2021-0006
7. Conclusion
Page 8
7.1 Based on Staff's review of the application, Staff recommended tabling this application
for a period of up to 90 days to allow for further discussion on the overall development
proposal.
Submitted by:
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:
Duke Cheung
Erik Mirtsou
Dan Brock