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Home My WebLink AboutA2022-0005 & A2022-0006 Comments 1442 Nash RoadClarftwn Planning and Development Services Committee of Adjustment If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: January 27, 2022 File Number: A2022-0005 & A2022-0006 Address: 1442 Nash Road (A2022-0005) & Proposed 34 Varcoe Road (A2022- 0006) Report Subject: Minor variances to facilitate the creation a single detached dwelling lot relating to Land Division application (LD 090/2021). Recommendations: 1. That the Report for Minor Variance Applications A2022-0005 and A2022-0006 be received; 2. That all written comments and verbal submissions were considered in the deliberation of these applications; 3. That applications A2022-0005 and A2022-0006 for minor variances to Zoning By-law 84-63, including: a. Section 13.2.a. i) to reduce the minimum lot area from 370 square metres to 300 square metres for a single detached dwelling (A2022-0006) and, b. Section 13.2.c iv) to reduce the rear yard setback from 7.5 metres to 1.2 metres (A2022-0005) and from 7.5 metres to 5.6 metres (A2022-0006) be approved as they are minor in nature, desirable for the appropriate development or use of the land and maintain 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 A2022-0005 & A2022-0006 1. Application Details Paae 2 1.1 Owner 2640714 Ontario Ltd. 1.2 Applicant: The Foley Group 1.3 Proposal: Proposed minor variances to Zoning By-law 84-63, including: 1. Section 13.2.a. i) to reduce the minimum lot area from 370 square metres to 300 square metres for a single detached dwelling at 34 Varcoe Road (A2022-0006) 2. Section 13.2.c iv) to reduce the rear yard setback from 7.5 metres to 1.2 metres at 1442 Nash Road (A2022-0005) and from 7.5 metres to 5.6 metres at 34 Varcoe Road (A2022- 0006) 1.4 Area of Each 492 square metres (1442 Nash Road) & 300 square metres (34 Severed Lot: Varcoe Road 1.5 Location: 1442 Nash Road & Proposed 34 Varcoe Road, Courtice 1.6 Legal Description: Part Lot 35, Concession 3, Former Township of Darlington 1.7 Zoning: "Urban Residential Type Two (R2)" Zone in Zoning By-law 84- 63 1.8 Clarington Official Urban Residential Plan Designation: 1.9 Durham Region Living Areas Official Plan Designation: 1.10 Heritage Status: None Municipality of Clarington Committee of Adjustment A2022-0005 & A2022-0006 LOT: 35 CON: 3 fit 65 60 ❑ 63 O61 58 59 56 LU 57 54 U 55 52 Q 53 50 51 48 49 47 46 45 43 42 41 I � 40 39 1 1 1 1 38 37 17\1 m co o N o 35 0 r c, v d m a 33 NASH ROAD LO a N N N NF32 O LV `� 38 cocq CON:4 42 N N N N 00 Cp v N O OD 41% BRIDLE COURT Lo _ MI N I Property Location Map (Courtice) 28 26 24 22 20 Page 3 N Stormwater Management Pond LOT: 34 2 ip 27 25 23 19 N co co w ti w I- I � o � LOT:34 14 DALE P CON: 2 16 14 15`iMol N /N 12 ❑ DALE PARK DR 10 ¢ Mrs ti N w E - Area Subject To Minor Variance s 1442 Nash Road A2022-0005 & A2022-0006 L.k- K,e, mill", 10 p �, courtim R � • Map�e 9owmanville NewcastleT I i y — Figure 1 — Location Map Municipality of Clarington Committee of Adjustment A2022-0005 & A2022-0006 Page 4 2. Background 2.1 In August 2021, the applicant submitted a Land Division application to the Region of Durham to create one additional single detached lot (see Figure 2). 2.2 At the September 13, 2021 Regional Municipality of Durham Land Division Committee Meeting, LD 090/2021 was conditionally approved to sever the subject property. 2.3 In November and December 2021, Planning Staff engaged in discussions with the applicant to make changes to the conditionally approved LD application. Staff recommended that the lot area of the severed parcel (A2022-0006) be increased to provide more amenity space and create a more desirable lot area. This suggestion would result in a decreased rear yard for the retained parcel (A2022-0005). It was the opinion of Staff that the rear yard of the retained parcel would be utilized as a side yard with the severance and the portion fronting Varcoe Road would be the rear yard, amenity space. The applicant agreed to this recommendation by Staff and submitted applications for minor variances to satisfy the conditions in LD 090/2021 for the deficiencies in the required lot area and rear yard setbacks. Municipality of Clarington Committee of Adjustment A2022-0005 & A2022-0006 21.97 13.53 tz-�t PART 1 ~ -z (SEVEREO $ LANDS) ^ ❑ w Q cx sm� 1 SrEvrr Q DNPxCA1'C PROPOSED no RFUAA'J DWELLING x. u v� PART 2:•P wwv Ram r _ _ _ — — (RETAINED 1 • n LANDS) .x _ GARAGE Q 1 9A0 Z PROP $ DRIVEWAY 6 2247 13.53 ex k4kw - - rx CVRP cur VARCOE ROAD PROPOSED MINOR VARIANCES (R?,I- REQUIRED, PROPOSED: MIN LOT AREA (PART I): 370m' 300m' MIN REAR YARD SETBACK (PART 1); 7.50m 5.60m MIN REAR YARD SETBACK (PART 2): 7.50m 1.20m CONSULTANTS DECLARATION: THIS PROPOSAL CONFORMS WITH THE CITY'S GRACING CRITERIA AND APPROVED SUBDIVISION MASTER L07 GRACING PLAN AND THE PROPOSED HOUSE TYPE IS COMPATIBLE WITH THE GRADING. THE PROPOSED DRIVEWAY LOCATION DOES NOT CONFLICT WITH ADJACENT DRIVEWAYS, WALKWAYS, CATCHBASIN, HYDRANT, VALVE OR ANY STREET UTILITY- OATE.........................RENEWED BY ------ •---•--............................................................. ........... ZONING INFORMATION: R2 PART I fSEVEREO7 PART � [Rr TAINE01 LOT AREA 300m 492.21 m'3a LOT COVERAGE 103.36m' 34.45%76.95m' (15,63% DRIVEWAY COVERAGE 36.04m' 12.01% 48.32m (9,82 LANDSCAPE AREA 160.60rn 53.54 366.94rn 4.55% MUNICIPALITY OF LEGEND PARTS 1 & 2 PLAN 40R-XXXX CLARI N GTON 140.8E PROPOSED GRACE 9Idd'a Sk Up Mad 140-88 Ex13T1NG GRADE 7a'0'atiam dpkpnnersOIRECTIOH OF iFIOSREET EAST❑SAWA,pNL1HDRAINAGE 80FAX (903]67Q-973❑ In fv�dpEtd dl■.com CNEGXEO ORAWNo N0. A C.J.F. ][-C-K- SEPT 2021 15CA L 250 — 5P_--1— —_-. - - _- Figure 2 — Reference Plan in support of LID 090/2021 3. Land Characteristics and Surrounding Uses Paae 5 3.1 The subject property is a corner lot located at 1442 Nash Road in Courtice, on the northwest corner of Nash Road and Varcoe Road, east of Townline Road. A one -storey single detached dwelling exists at 1442 Nash Road. The present lot size is approximately 794 square metres with a frontage of 22 metres onto Nash Road. Municipality of Clarington Committee of Adjustment A2022-0005 & A2022-0006 Page 6 3.2 The surrounding uses to the north, south, east and west are predominantly single detached dwellings. 4847 s' r •Yr _ 4 n 3 I� t� � 1. i ` w t a ; ,�r ... � � 'y ^� �� .-t-� 4az •-gyp AQ Nit .a N 485 WE � 14,3 � �- 4 a � c• 1•�! �. .� i1 44 r 43fl 1432 � � x� Y iz ; F 28y�� 32 • • `.8 ye. . _ 1�426. x� prr ,� a�ta2a �razs 1 �� • � t4 . 1425� A - '• ,, - 3 _ i1 � n • C` 1 �.- 0.� Figure 3 — Surrounding properties and land uses 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 received one enquiry about this application. The enquiry was from a neighbouring property owner who had significant concerns about the impacts that the resulting land division will have on their property. 5. Departmental and Agency Comments 5.1 The Infrastructure Division of Public Works has reviewed both applications A2022-0005 & A2022-0006 and have no objection to the proposed Minor Variances at this time. Municipality of Clarington Committee of Adjustment A2022-0005 & A2022-0006 Page 7 5.2 The Building Division of Planning and Development Services has reviewed both applications A2022-0005 & A2022-0006 and offer no comments. 5.3 Clarington Emergency and Fire Services Department has reviewed both applications A2022-0005 & A2022-0006 and found no fire safety concerns. 6. Discussion 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 manner that also 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. Redevelopment and infill in existing built up areas are to be considerate of the surrounding buildings and streetscape in terms of building design and siting. 6.3 The subject property is located along a Type C Arterial Road, as designated in the Clarington Official Plan. Table C-2 of the Official Plan states that higher densities are to be promoted along Type C roads with shared or combined access. The severed parcel does not front onto Nash Road, and as such, does not conflict with this policy. 6.4 Both the Regional and Clarington Official Plans permit the residential use of the property. 6.5 For the above stated reasons, it is Staff's opinion that the application conforms with both Official Plans. Conformity with the intent and purpose of the Zoning by-law 6.6 The subject property is zoned "Urban Residential Type Two (R2)" in Zoning By-law 84- 63. This zone requires a minimum lot area of 300 square metres and a minimum rear yard setback of 7.5 metres. The proposed retained lot (1442 Nash Road) can satisfy the minimum lot area requirements of the R2 Zone. The proposed severed lot with a lot area of 300 square metres does not meet the R2 Zone regulations. 6.7 The intent of the minimum lot area requirement is to maintain a reasonable lot size to accommodate the permitted residential use. Lot area regulations establish the lot fabric of the neighbourhood and ensure the street character is preserved with consistent dwelling types and forms. The minimum lot area also ensures that there is a reasonable amount of green space that balances the lot coverage of the dwelling on the lot. The proposed lot areas will provide an adequate lot size that is appropriate for a single detached dwelling on each lot. The size of the dwelling is also limited by maximum lot coverage regulations. Municipality of Clarington Committee of Adjustment A2022-0005 & A2022-0006 Paae 8 6.8 The intent and purpose of the rear yard setback is to ensure that there is sufficient amenity space and area to situate a dwelling with appropriate setbacks from abutting properties while also creating a consistent neighbourhood and street character. 6.9 The proposed severed lot at 34 Varcoe Road requires a rear set back reduction from 7.5 metres to 5.6 metres. This deficiency can be attributed to a shallow lot. An increase to the side yard has been requested by Planning staff to maintain lot coverage and provide additional amenity space for the severed parcel 6.10 The proposed severed lot at 34 Varcoe Road requires a lot area reduction from 370 square metres to 300 square metres. This deficiency can be attributed to a shallow and narrow lot. Lot coverage landscaped open space and minimum dwelling size regulations are still being maintained with the reduced lot area. 6.11 The applicant has demonstrated that the proposed dwelling on the subject severed parcel can be appropriately sited on the lot which is not out of character with lots in the neighbourhood and can satisfy all other applicable zoning regulations. 6.12 The proposed retained lot at 1442 Nash Road requires a reduction from 7.5 metres to 1.2 metres. Sufficient amenity space will be maintained on this parcel with the eastern portion of the lot, fronting Varcoe Road being used as the yard amenity space. 6.13 For the above stated reasons, it is Staff's opinion that the application conforms with the intent and purpose of the Zoning By-law. Municipality of Clarington Committee of Adjustment A2022-0005 & A2022-0006 Paae 9 21.97 e" 8p 13.53 12.41 a 1.2 PART 1 (SEVERED $ r EX DRnEWAY W LANDS) EXIS77NG 1 si4REY DWRLINO PROPOSED (W REMAW) DWELUNG 2.53 • ,n PART 2 47 WH R040 (RETAINED I LANDS) 2 + GARAGE I 19.50 PROP $ ORNEWAY 6.00 22.47 13.53 EX MAILBOX PAD Elf CURB CUT Figure 4 — Lot configuration with dwellings for the proposed lots Desirable for the appropriate development or use of the land, building or structure 6.14 The appropriate development for the subject property is residential. The neighbourhood include properties zoned to permit single detached dwellings. The proposed severance will provide an opportunity for gentle intensification on the property without significantly deviating from the Zoning By-law requirements. The remaining dwelling can continue as it exists today. Intensification through infill development is desirable where it can be accommodated as it makes efficient use of existing infrastructure while providing additional housing. 6.15 The reduction in lot area and setbacks can be supported as the development would not be out of character with adjacent R2 zoned parcels on Varcoe Road. The reduction is in conformity with the zoning of adjacent parcels on the street. 6.16 Based on the review by Staff and agencies there are no technical reasons why the minor variance should not be supported. 6.17 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. Municipality of Clarington Committee of Adjustment A2022-0005 & A2022-0006 Minor in Nature Paae 10 6.18 The proposed single detached dwelling lots will be in keeping with the low density residential development existing on adjacent and surrounding properties. The reduction in lot area and setbacks will not negatively impact the character of the neighbourhood nor result in an adverse visual impact on the streetscape. 6.19 The new single detached dwelling on the severed lot will be built to satisfy all other zone provisions. 6.20 Planning Staff received no adverse comments from internal departments nor agencies. 6.21 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 this application for minor variances to: a. Section 13.2.a. i) to reduce the minimum lot area from 370 square metres to 300 square metres for a single detached dwelling (A2022-0006) and, b. Section 13.2.c iv) to reduce the rear yard setback from 7.5 metres to 1.2 metres (A2022-0005) and from 7.5 metres to 5.6 metres (A2022-0006) as they are minor in nature, desirable for the appropriate development or use of the land and maintain the general intent and purpose of the Zoning By-law, the Durham Region Official Plan and Clarington Official Plan; and Submitted by: Ron Warne, Manager Development Review Branch Staff Contact: Sean Jeffrey, Planner I, 905-623-3379 extension 2420- or sieffrey(a-clarington.net Municipality of Clarington Committee of Adjustment A2022-0005 & A2022-0006 Interested Parties: The following interested parties will be notified of Committee's decision: Mark Foley Safia Mohammed Dookie Dan Lawson Paae 11