HomeMy WebLinkAboutA2021-0044 86 Jack Potts Way CommentsClarftwn
Planning and Development Services
Committee of Adjustment
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Date of Meeting: November 25, 2021
File Number: A2021-0044
Address: 86 Jack Potts Way, Courtice
Report Subject: Minor variance to facilitate the development of a 2-storey single detached
dwelling by increasing the maximum lot coverage from 40% to 45% for the
dwelling and from 45% to 50% for all buildings and structures.
Recommendations:
1. That the Report for Minor Variance Applications A2021-0044 be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That applications A2021-044 for minor variances to Sections 13.4.54.f.iii) a) and
13.4.54.f.iiii) b) of Zoning By-law 84-63 to facilitate the development of a 2 storey
single detached dwelling by increasing the maximum lot coverage from 40% to 45%
for the dwelling and from 45% to 50% for all buildings and structures be approved
as they are 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
A2021-0044 Page 2
1. Application Details
1.1 Owner: Daniel Di Giovanni - Delpark Homes
1.2 Applicant: Jamie Lopes- Cassidy & Co.
1.3 Proposal Proposed minor variances to Sections 13.4.54.f.iii) a) &
13.4.54.f.iii) b) of Zoning By-law 84-63 to facilitate the
development of a 2 storey single detached dwelling by
increasing the maximum lot coverage from 40% to 45% for the
dwelling and from 45% to 50% for all buildings and structures
1.4 Area of Lot
1.5 Location:
1.6 Legal Description
1.7 Zoning:
1.8 Clarington Official
Plan Designation:
1.9 Durham Region
Official Plan
Designation:
1.10 Heritage Status
350 square metres
86 Jack Potts Way, Courtice
Lot 21, Plan 40M-2704
Urban Residential Exception (R2-54) Zone
Urban Residential
Living Areas
None
Municipality of Clarington
Committee of Adjustment
A2021-0044
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- Area Subject To Minor Variance
1, 2, 86, 117 & 121 Jack Potts Way
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Figure 1 — Location Map
Municipality of Clarington
Committee of Adjustment
A2021-0044
2. Background
Page 4
2.1 The subject property is located within a Registered Plan of Subdivision 40M-2704.
2.2 In September 2021, the applicant submitted Minor Variance applications to address
deficiencies in proposed lots within the Plan of Subdivision. Due to Planning Act
provisions restricting variances before the second anniversary that site -specific
amendments came into effect, the applicant was required to request an exemption from
Council to permit the applications to be filed.
2.3 On October 18, 2021, Resolution # C-324-21 was passed by Council permitting
Delpark Homes Ltd. to file Minor Variance applications for lands associated with By-law
2020-012 on Lots 1, 21, 39, 40, and Block 68, Plan 40M-2704.
2.4 Following further discussion with staff, the applicant refined their application from the
original request to increase the maximum lot coverage from 40% to 43% for the dwelling
only, to increase the maximum lot coverage for the dwelling from 40% to 45% for the
dwelling and from 45% to 50% for all buildings and structures. This will allow for some
flexibility for future owners to construct a deck and/or accessory building without the
need to return to the Committee of Adjustment for relief. Rationale for this amendment
is provided below.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located west of Prestonvale Road and south of Bloor Street, just
west of South Courtice Arena.
3.2 The surrounding uses to the north, west and east are low density residential. To the
south is currently agricultural uses with Urban Residential designation.
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 Staff did not receive any enquiries regarding this application.
Municipality of Clarington
Committee of Adjustment
A2021-0044
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OT AREA
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BUILDING HEIGHT (MAX 10.5M1
EFER TO ARCHITECTURAL WORKING DRAWNGS FOR
ONSTRUCI Otl REOUIREMENTS AND DETAILS
IT
GUARDS / HANDRAILS TO CONFORM TO OBC SECTION 9.6
STE STATISTICS - ZONING
ZONE:
32-54
LOT COVERAGE
= 45X
FRONT YARD SETBACKS
- TO DWELLING
4.0 M
- TO GARAGE
= 6.0 M
- TO PORCH
= 2.0 M
REAR YARD SETBACKS:
TO DWELLING
= 7.5 M
INTERIOR SIDE YARD SETBACKS:
- NTH PRIVATE GARAGE
OR CARPORT
1.2 M & 0.6 M
EXTERIOR SIDE YARD SETBACKS:
- TO DWELLING=
4.0 M
- TO GARAGE
= 6.0 M
TO PORCH
- 2.0 M
LOT FRONTAGE
- INTERIOR MIN.
- EXTERIOR MIN.
11.3 M
= 14.3 M
010:
BUILDER TO VERIFY SERVICE CONNECTION
INVERTS PRIOR TO CONSTRUCTION.
BUILDER TO ENSURE 1.22M OF COVER ON ALL
FOOTING$ 200- MAX. EXPOSED FOUNDATION
WALL; MAX. 8% SLOPE ON DRIVEWAY.
THIS PROPOSAL CONFORMS WITH THE
MUNICIPALI T'S GRADING CRITERIA AND
APPROVm SUBOIVI90N MASIIIT LDT GRADING
HYDRANTS, VALVES OR ANY STREET UTILITY.
ALL THE RWu TO BE DIRECTED TO THE FRONT
OF LOT.
ALL SINGLE HOUSES FRONT ROOF WATER
LEADERS (NON -GARAGE SIDE) ARE TO
DISCHARGE TO SOAKAWAY PITS (REFER TO
DETAIL ON ENO. DWG L1.2)
NO ...21..._...._ I=GTEREB PLAN 4OM _2704,,,
PROPOSED LOT GRAIN AND DRAINAGE N APPNOIIS
CHO N CONFORMITY WITH THE OVERALL APPROVED
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Figure 2 - Site Plan for 86 Jack Potts Way
Page 5
Municipality of Clarington
Committee of Adjustment
A2021-0044
5. Departmental and Agency Comments
Page 6
5.1 The Engineering Division of Public Works has no objections to the proposal provided
that grading and drainage of the lot remains unaltered to what is shown on the approved
individual lot grading plans.
5.2 The Central Lake Conservation Authority has no comments or objections regarding the
application.
5.3 The Building Division of Planning and Development Services has no objections to the
application.
5.4 Clarington Emergency and Fire Services Department has no objections to the
application.
6. Discussion
Conformity with the intent and purpose of the Regional and Clarington Official Plans
6.1 The subject properties are designated Living Areas in the Durham Regional Official
Plan. Within the Clarington Official Plan, the subject properties are designated Urban
Residential but are designated Low Density Residential within the Southwest Courtice
Secondary Plan. The Southwest Courtice Secondary Plan was adopted by Clarington
Council in May 2021 and is still being reviewed by the Region of Durham for approval.
Both the Regional and Clarington Official Plans permit the residential use of the
property.
6.2 For the above stated reasons, it is staff's opinion that Conformity with the intent and
purpose of both Official Plans.
Conformity with the intent and purpose of Zoning By-law 84-63
6.3 The intent of the maximum lot coverage requirement is to maintain a reasonable
proportion between the dwelling and associated structures relative to the lot. Lot
coverage regulations also ensure that there is a reasonable amount of green space and
adequate space for infiltration.
6.4 The Engineering Division of Public Works does not have concerns with infiltration or
grading related to this variance.
6.5 The proposal to increase the maximum lot coverage will continue to provide an
appropriate balance between land occupied by buildings versus green space and does
not deviate from other urban residential zone regulations in comparable new
subdivisions.
Municipality of Clarington
Committee of Adjustment
A2021-0044
Page 7
6.6 For the above stated reasons, it is staff's opinion that the applications conform with the
intent and purpose of the Zoning by-law
Desirable for the appropriate development or use of the land, building or structure
6.7 The proposal to increase the lot coverage is desirable as it will allow for the proposed
model to the site on this lot and will allow for the erection of a future decks and/or
accessory structure, without the need to return for further minor variances.
6.8 There were no technical reasons raised from staff or agencies in opposition to this
increase in lot coverage for this lot.
6.9 For the above stated reasons, it is staff's opinion that the variances are desirable and
appropriate development of the lands.
Minor in Nature
6.10 The proposed increase to the maximum lot coverage regulations for the 2-storey
dwelling will allow the proposed model to be sited on the lot, while providing additional
room in the lot coverage regulations for a future deck and accessory building. The
proposed increase is consistent with zone regulations in other neighbourhoods and it
appears relief for lot coverage is only needed for this one lot out of the entire remaining
subdivision.
6.11 The reduction in maximum lot coverage for one lot will not have a visual impact on the
streetscape and will not negatively impact the character of the neighbourhood.
6.13 All other zone regulations can be met.
6.14 For the above stated reasons, it is staff's opinion that the variances are minor in nature.
7. Conclusion
7.1 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.
7.2 Given the above comments, Staff recommends approving minor variances to Sections
13.4.54.f.iii) a) & 13.4.54.f.iii) b) of Zoning By-law 84-63 to facilitate the development of
a 2-storey single detached dwelling by increasing the maximum lot coverage from 40%
to 45% for the dwelling and from 45% to 50% for all buildings and structures
Municipality of Clarington
Committee of Adjustment
A2021-0044
Submitted by:�,,
Anne Taylor Scott, Principal Planner
Development Review Branch
Staff Contact: Sean Jeffrey, Planner I, 905-623-3379 extension 242- or
sjeffrey(a clarington.net
Interested Parties:
The following interested parties will be notified of Committee's decision:
Delpark Homes
Cassidy & Company
Page 8