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Home My WebLink AboutA2020-0037 & A2021-0035 22 Hunt & proposed 55 NelsonClarftwn Planning and Development Services Committee of Adjustment If this information is required in an alternate accessible format, please contact the Accessibi I ity Coordinator at 905-623-3379 ext. 2131. Date of Meeting: August 12, 2021 File Number: A2020-0037 & A2021-0035 Address: 22 Hunt Street & Proposed 55 Nelson Street, Bowmanville Report Subject: Minorvariances to facilitate the creation of two residential dwelling lots relating to a Land Division application (LD 102/2020). Recommendations: 1. That the Report for Minor Variance Applications A2020-0037 and A2021-0035 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That applications A2020-0037 and A2021-0035 for minor variances to Zoning By-law 84-63, including: For 22 Hunt Street (A2020-0037) — Proposed Retained Lot a. Section 12.2 a. i) to reduce the minimum lot area from 460 square metres to 408 square metres; b. Section 12.2 d. iv) to reduce the minimum rear yard setback from 7.5 metres to 5.5 metres c. Section 12.2 e. i) a)to reduce the minimum dwelling unitarea from 85 square metres to 80 square metres; d. Section 12.2.1 b. i) b) & c) to recognize the existing established building line in the frontyard being 4.6 metres, and the existing established building line in the exterior side yard being 4.5 metres For 55 Nelson Street (A2021-0035) — Proposed Severed Lot a. Section 12.2 d. iv) to reduce the minimum rear yard setback from 7.5 metres to 7 metres; and Municipality of Clarington Committee of Adjustment A2020-0037 & A2021-0035 Page 2 b. Section 3.1 g. iv) to increase the maximum step and deck projection in the rear yard from 1.5 metres to 2.5 metres, be approved, as it is minor in nature, desirable for the appropriate developmentor use of the land and maintains the general intentand 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 A2021-0031 & A2021-0032 Paqe 3 Application Details Owner/Applicant: Proposal: 1.3 Area of Lot: 1.4 Location: 1.5 Legal Description 1.6 Zoning: 10059773 Canada Ltd. / Ryan Carr For 22 Hunt Street (A2020-0037) — Proposed Retained Lot a. Section 12.2 a. i) to reduce the minimum lot area from 460 square metres to 408 square metres; b. Section 12.2 d. iv) to reduce the minimum rear yard setback from 7.5 metres to 5.5 metres c. Section 12.2 e. i) a)to reduce the minimum dwelling unit area from 85 square metres to 80 square metres; and d. Section 12.2.1 b. i) b) & c) recognize the existing established building line in the frontyard being 4.6 metres, and the existing established building line in the exterior side yard being 4.5 metres For 55 Nelson Street (A2021-0035) — Proposed Severed Lot e. Section 12.2 d. iv) to reduce the minimum rear yard setback from 7.5 metres to 7 metres; and f. Section 3.1 g. iv) to increase the maximum step and deck projection in the rear yard from 1.5 metres to 2.5 metres. 408.5 square metres (retained lot) 560.6 square metres (severed lot) 22 Hunt Street (A2020-0037) and proposed 55 Nelson Street (A2021-0035), Bowmanville Part Lot 11, Concession 1, Part 2 of Registered Plan 10R-525, Former Township of Darlington "Urban Residential Type One (R1) Zone" & "Neighbourhood Character Overlay Zone" in Zoning By-law 84-63 Municipality of Clarington Committee of Adjustment A2020-0037 & A2021-0035 1.7 Clarington Official Plan Designation: 1.8 Durham Region Official Plan Designation: Urban Residential Living Areas 1.9 Heritage Status: None Paae 4 Municipality of Clarington Committee of Adjustment A2020-0037 & A2021-0035 Paae 5 i \D �� 3a 3---- �� "ro 1° 183 , �179 59 '��0.0 3 0.0. 0 �1 171 ,,, ti 163 160 pa M? g �' 159 A 1- �52 � i �O Q �36/ 13 12 :1 Property Location Map (Bowmanville) = Area Subject To Minor Variance g3 i a5 4fi 43 90 89 44 47 92 91 48 49 94 50 51 [�9866o m 9 ANN STREET 5a "' 190 60 59 102 Ennl,Ylllen �a , N da%T - Mcaurnce rnapie �Bow rnille e i 4M _NewcastleT f® A2020-0037 & A2021-0035 I L a k eO n l a r e o 1 = Figure 1 — Location Map Municipality of Clarington Committee of Adjustment A2021-0031 & A2021-0032 Page 6 2. Background 2.1 The applicant su bmitted a Land Division application to the Region of Durham to create two residential lots in October of 2020. 2.2 At the December 7, 2021 Regional Municipality of Durham Land Division Committee Meeting, LD 102/2020 was conditionally approved to sever the subject property and create the proposed lot (A2021-0035). The applicant indicated a semi-detached dwelling with an apartment -in-house in each semi-detached unit, is proposed on the severed parcel. The applicantalso addressed some concerns raised by area residents regarding parking, stormwater managementand the proposed dwelling type and location. The applicantstated theywill retain as many of the existing trees and vegetation as possible. 2.3 Since then, the applicant had submitted numerous severance plan revisions to Staff to address the comments and concerns Staff raised. 2.4 On July27, 2021, the applicant requested that their application for Minor Variance initially submitted in September2020, be broughtto the Committee for hearing. Since providing notice there are two aspects of the minorvariance application that have evolved. Firstly on 22 Hunt Street (A2020-0037), a variance was not needed to recognize the existing deck projection into the required interiorside yard as it was found to comply. Secondly, Staff recommended refining the deck projection for 55 Nelson Street based on Staff's review of revised plans. 2.5 Since these revisions are a reduction in the extent of the Minor Variances, no further notice is required, and Staff's recommendation is reflective of these minor modifications. Municipality of Clarington Committee of Adjustment A2020-0037 & A2021-0035 Paae 7 --F PERFORFOANCEOUARANYEE WILLBE N015ERErmbef)BY THE y-� 6CUNIOIPALITY OF CLARINGTON UNLE$S THE WORKS HAVE SEEN NELSON ■■f STREET INSPECTED BY MUNICIPAL REPRE BEN WIVES AND DEEMED TO GE r ;VPI FrED AND SAYISFAGTORY r-_ .';-D& nCURBCUT Pk0P0GE0s.he CURB CuT —as 6.otl R£ORP.DEeatAEVARD2.0%TOSWEV9tlK'u•-=--- - r��i7E SnF— C&.7--a MEW- d z 5h t 710E70111E INSTALLEDON t 1. rC"aI �� ETAIMNG WALL •5" j 4A 3K 4., O 84 1 •S $1Y N Own - 'dlL O y yI eve • }5�'` 7 St AP 2.4'% I+ y W W A PRORD5E77 r� 94b1 1 PART 22 ,s TFE BY, &5 3a &FE B2!o a 4 p y UFE VY 1LL+! U# �z oor,r+saous7o eG onEc iTvdncm j,}� t� 1 Ft 63.*7 63i7 mm f Fed 2 a30 PKP P-M J ® i f14+C/AY u _- 1"^ o TW 64 01 � P[CK� �s 4w +P �• a W, ¢W 83 06 �ofa�y� ER r� 1'� it 9 - ]�ypr PAP ! �11-{ 7 7j m if Ea 57 0317 R ePAM F[F LT R2 it S [115PE NG GRAbE BERMASREWIRED Figure 2 — Proposed Severance Sketch showing 22 Hunt Street (Part 1) and Proposed Semi-detached dwelling at55 Nelson Street (Part 2) 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 22 Hunt Street in Bowmanville, atthe south-west corner of Nelson Street and Hunt Street. The property is situated within the established Memorial neighbourhood of Bowmanville and within the Neighbourhood Character Study area. Existing on the property is a one -storey single detached dwelling on the eastern end of the property, closer to Hunt Street. 3.2 The surrounding uses to the south, east and north-east include a variety of low -density residential dwelling types, primarily one to one-half storey single detached dwellings. Immediately north across Nelson Street are properties not within the Neighbourhood Character Study Overlay area which include subdivision type single detached dwellings that are between 1.5-2 storeys. The abutting property to the west is Environmentally Protected (stormwater managementfacility), with existing single detached dwellings located furtherto the west (see Figure 3). Municipality of Clarington Committee of Adjustment A2020-0037 & A2021-0035 Figure 3 —Surrounding propertiesand land uses 4. Public Notice and Submissions Paae 8 4.1 Pursuantto the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands (see Figure 4). In addition, the appropriate notice was mailed to each landownerwithin the prescribed distance. 4.2 Staff did not receive any enquiries aboutthis application. Municipality of Clarington Committee of Adjustment A2020-0037 & A2021-0035 Figure 4 — Existing dwelling at 22 Hunt Street Paae 9 5. Departmental and Agency Comments 5.1 The Infrastructure Division of Public Works has reviewed both applicationsA2020-0037 & A2021-0035 and have no objection to the proposed Minor Variances at this time. 5.2 The Building Division of Planning and Development Services has reviewed both applicationsA2020-0037 & A2021-0035 and offerno comments. 5.3 Clarington Emergency and Fire Services Department has reviewed both applications A2020-0037 & A2021-0035 and found no fire safety concerns. 5.4 The Special Projects branch of Planning and Development Services has reviewed both applications and do not have any concerns or comments. Municipality of Clarington Committee of Adjustment A2020-0037 & A2021-0035 6. Discussion Paae 10 Conformity with the intent and purpose of the Regional and Clarington Official Plans 6.1 The subject property is designated Living Areas within the Region of Durham Official Plan. New housing is to be developed in a cost-effective and efficient mannerthatalso contributes to an attractive and safe living environment. 6.2 The subject property is designated Urban Residential within the Clarington Official Plan. Proposed dwellings are to be compatible with existing residential uses while achieving gentle intensification. 6.3 Both the Regional and Clarington Official Plans permitthe residential use of the property. 6.4 For the above stated reasons, it is Staff'sopinion thatthe application conforms with both Official Plans. Conformity with the intent and purpose of the Zoning by-law 6.5 The subject property is zoned "Urban Residential Type One (R1)" and is subject to the "Neighbourhood Character Overlay" provisions in Zoning By-law 84-63. The "R1" Zone requires minimum lotarea of 460 square metres fora single detached dwelling lot. The retained lot (22 Hunt Street) will have a resulting lot area of 408 square metres, with a change from the front lot line shifting from Hunt Street to Nelson Street. The existing dwelling on the subject property will remain municipally addressed as 22 Hunt Street. 6.6 The intentof the minimum lot area requirement is to maintain a reasonable lot size that would accommodate the appropriate permitted residential use, such as a single or semi- detached dwelling. A single detached dwelling on a lot that satisfies the minimum lot area would maintain the existing form of single detached dwellings in the immediate neighbourhood and ensure the street character is preserved. The minimum lot area also ensures that there is a reasonable amountof green space that balances the lot coverage of the dwelling on the lot. The proposed reduction in lot area for the retained lot from 460 square metres 408 square metres will not negatively impact the character of the street as the existing dwelling will be maintained. Lot sizes vary in the immediate area and the reduction to lot area will provide an adequate amountof landscaped open space on the lot and along the street frontages. While the lot area proposed for the retained lot is a reduction to the minimum size required, the maximum lot coverage regulation is satisfied as the dwelling is relatively small. Therefore, the scale of the smaller dwelling is complementary to the smaller lot area. 6.7 The existing dwelling on the retained lot has a minimum dwelling unitarea of 80 square metres, which is deficientfrom the required 85 square metre minimum. The intentof maintaining a minimum dwelling unitarea is to ensure an appropriate size for livable Municipality of Clarington Committee of Adjustment A2020-0037 & A2021-0035 Page 11 space, despite the Ontario Building Code also regulating minimum dwelling unitsize. The reduction to the minimumdwelling unitareato recognizethe existing dwelling is deemed to be appropriate. 6.8 The existing dwelling on the retained lot will have a rear yard setback of 5.5 metres, which was formerly the interior side yard setback. The interiorside yard setback to the existing dwelling, which was formerly the rear yard setback, is 5.7 metres. In Staff's opinion, while the new southerly yard becomes the rear yard, there is an appropriate amountof amenity space both west and south of the existing dwelling considering the new lot configuration. 6.9 The existing dwelling on the retained lot will also have a new frontyard setback of 4.6 metres from Nelson Street, and a new exterior side yard setback of 4.5 metres, which was formerly the existing frontyard setback. The yard setbacks from the existing dwelling to the property lines are to be recognized as is, due to the dwelling and established building line being maintained. 6.10 The general intentof maintaining the minimum setbacks is to ensure the dwellings are appropriately setback from the street, adjacent properties and to establish sufficient space to accommodate grading and drainage. Despite the proposed reductions to yard setbacks, Staff concurthat appropriate setbacks to abutting streets and neighbouring properties can be maintained, and grading and drainage will not be negatively impacted. The newly established frontyard and exterior side yard setbacks to the existing single detached dwelling maintains the intentof the established building line setback required in the Neighbourhood Character Study Zone regulations, as the dwelling continues to exist and maintains the established building line the subject lands. 6.11 The proposed severed lot of 55 Nelson Street requires a reduction to the required minimum rear yard setback of 7.5 metres in the "R1" Zone. The proposed rear yard setback for the semi-detached dwelling is 7 metres. While somewhatsmaller than the minimum zone requirements, the deficiency can be attributed to a shallow lotdepth and siting of an appropriate building footprint, while maintaining an adequate relationship to the street. 6.12 According to Section 3.1 g. iv), decks and steps are permitted to project into a required yard of not more than 1.5 metres, but in no case shall a required yard be reduced to below 0.6 metres. The proposed decks and steps on the proposed semi-detached dwelling projects approximately 2.5 metres into the reduced rear yard setback of 7 metres. 6.13 The intentof limiting the projection of decks and steps into required yards is to minimize encroachmentand overlookonto adjacent properties. The proposed decks and steps at the rear of the semi-detached dwelling maintain a minimum rearyard setback of4.5 metres, which provides an adequate amountof clearance and landscaped open space in the rear yard of the severed lot. Municipality of Clarington Committee of Adjustment A2020-0037 & A2021-0035 Paae 12 6.14 All other applicable zoning regulations are complied with at this time. 6.15 For the above stated reasons, it is Staff 'sopinion th at th e appl i cati on conforms with the Zoning By-law. Desirable for the appropriate development or use of the land, building or structure 6.16 The appropriate development for the subject property is residential. The block and immediate neighbourhood include properties zoned to permit single detached dwellings. The proposed severance will provide an opportu n ity for gentle intensification on the property with outsignificantlydeviatingfromthe Zoning By-law req u i remen ts a n d will recognize the remaining dwelling as it continues to exist. Intensification through infill development is desirable where it can be accommodated as it makes efficient use of existing infrastructure while providing additional housing. 6.17 The reductions in lot area, rearyard setback, dwelling unitarea, and recognizing the established building line setbacks in the front yard and exterior side yard for the retained lot, can be supported as they would not be out of character of similarundersized lots in the vicinity of Huntand Nelson Street. The proposed minor variances facilitate the creation of a new lot for infill residential development that will not significantly erode the character of the neighbourhood. Additionally, the reduction in the rear yard setback and increase to the deck and step projection for the proposed semi-detached dwelling lotwill provide each unita designated amenityspace in the rear yard. Impacts to the residential property to the south are negligible asthere is no dwelling directlyto the south, but rather the rear yard directly abuts rear yard amenity space for a considerable distance to the south. 6.18 Based on the review by Staff and agencies there are no technical reasons why the minorvariance should not be supported. 6.19 For the above stated reasons, it is Staff's opinion that the minor variance requested is desirable for the residential use of land and building. Minor in Nature 6.20 The proposed single detached dwelling and semi-detached dwelling lots will be in keeping with the low -density residential development existing on adjacentand surrounding properties. The reductions in lot area, dwelling unitarea, rear yard setbacks, deck and step projections, as well as recognizing the established frontand exterior side yard setbacks, will not negatively impact the character of the neighbourhood nor result in an adverse visual impact on the streetscape. 6.21 A numberof variances can be attributed to the existing dwelling thatdates back to 1948, while some are attributed to facilitating a land division application forthis infill lot. Municipality of Clarington Committee of Adjustment A2020-0037 & A2021-0035 Paae 13 6.22 It is expected that the new semi-detached dwelling on the severed lot will be builtto satisfy all otherzone provisions. 6.23 Planning Staff received no adverse comments from internal departments, agencies nor the public. 6.24 Forthe above stated reasons, it is staff'sopinion thatthe variances are minorin nature. 7. Conclusion 7.1 Based on Staff's review of the application the application conforms to the intentand 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. 7.2 Given the above comments, Staff recommends approving this application fora minor variance to facilitate the creation of two residential dwelling lots relating to a Land Division application (LD 102/2020). Submitted by:r Anne TaylorScott, Principal Planner Development Review Branch Staff Contact: Aibelle Babista / Sean Jeffrey Interested Parties: The following interested parties will be notified of Committee's decision: Ryan Carr