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Planning and Development Services
Committee of Adjustment
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Date of Meeting: April 28, 2022
File Number: A2022-0013
Address: 109 King Avenue East, Newcastle
Report Subject: A minor variance to increase the maximum commercial unit size
from 600 square metres to 971 square metres and to eliminate the
requirement for a non-residential entrance located within the street
facade (Beaver Street).
Recommendations:
1. That the Report for Minor Variance A2022-0013, be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application A2022-0013 for a minor variance to Table 16.5.62.c of Zoning By-
law 84-63 to increase the maximum commercial unit size from 600 square metres to
971 square metres, and to eliminate the requirement for a non-residential entrance
located in the street fagade (Beaver Street) 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 A2022-0013 Page 2
1. Application Details
Owner/Applicant: Gyaltsan Property Management /Tenzin Gyaltsan
Minor variance to Table 16.5.62.c of Zoning By-law 84-63 to
Proposal: increase the maximum commercial unit size from 600 square
metres to 971 square metres and to eliminate the requirement
for a non-residential entrance located within the street fagade
(Beaver Street).
Area of Lot: 4,394 square metres
Lot Frontage: 56 metres (Beaver Street South)
Lot Depth: 78 metres
Location: 109 King Avenue East, Newcastle
Legal Description: Part Lot 28, Concession 1, Former Township of Clark
Zoning: "General Commercial Exception C1-62 (SA/6) Zone" in Zoning
By-law 84-63
Durham Regional Official Regional Centre
Plan Designation:
Clarington Official Plan Village Centre
Designation:
Newcastle Village Centre Street -Related Commercial Area
Secondary Plan
Designation:
Heritage Status: None
Municipality of Clarington
Committee of Adjustment A2022-0013
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Figure 1: Location map
Page 3
Municipality of Clarington
Committee of Adjustment A2022-0013
2. Background
Page 4
2.1 The subject property, 109 King Avenue East, contains a six storey, mixed -use
development located on the east side of the intersection of Emily Street and Beaver
Street South in the Village of Newcastle (See Figure 1).
2.2 The development was approved in 2017 for retail at grade, offices on the second floor
and residential uses on the 3rd to 6tn floors, vehicular access from Beaver Street south
and 41 underground parking spaces. The construction was completed in 2021 (see
Figure 2).
Figure 2: Existing building (west elevation facing Beaver St.)
2.3 In 2019, the Owner requested a Minor Variance to relocate the residential entrance
along Beaver Street South to the fagade facing the parking area to accommodate the
floor space needs of tentative tenants that required opening the ground floor plan to
allow greater flexibility. The Minor Variance was approved in 2019; however, the ground
floor space was never leased and remains vacant.
2.4 The Owner has indicated that despite the global pandemic (COVID 19), a tentative
tenant (Dollarama) has shown interest on the existing ground floor commercial space.
Municipality of Clarington
Committee of Adjustment A2022-0013 Page 5
2.5 The Owner has negotiated a conditional lease for the total 971 square metres of ground
floor commercial space (see Figure 3).
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Figure 3: Existing Ground Floor Plan
2.6 This Minor Variance application is seeking relief from the unit size and non-residential
entrance location along Beaver Street South requirements to facilitate a single
commercial unit occupancy (see Figure 4).
Municipality of Clarington
Committee of Adjustment A2022-0013 Page 6
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3.1 The required signage for this application was installed on the property and the
appropriate notice was mailed to each landowner within 60 metres.
3.2 As of the writing of this report, Staff received four inquiries regarding the application (all
from residents of 109 King Avenue East). Two residents objected to the proposed size
of the unit and indicated that the zoning by-law reflects the opinions of the community
when the property was rezoned. Another resident is concerned with the entrance
location of the commercial unit being adjacent to the entrance to the building as it will
intensify pedestrian traffic of residents, tenants and costumers of the offices units and
proposed commercial units. One resident has noted an objection to the application until
the Owner provides confirmation that the conditions for registering the access
easements of the property have been cleared. Staff contacted the residents to let them
know that their comments have been sent to the Committee for their consideration.
Municipality of Clarington
Committee of Adjustment A2022-0013 Page 7
4. Departmental Comments
4.1 The Infrastructure Division of Public Works has no objection.
4.2 The Building Division of Planning and Development Services has no objection.
4.3 Clarington Emergency and Fire Services Department has no objection.
5. Discussion
Conformity with the intent and purpose of the Regional and Clarington Official Plans
5.1 The property is designated Regional Centre in the Durham Regional Official Plan.
Regional Centres are to be the focal point of development in the Region with an
integrated array of diverse uses. The proposed unit size and location of the entrance will
facilitate a permitted commercial use and is compliant with the intent of the Durham
Regional Official Plan.
5.2 The property is designated Village Centre in the Clarington Official Plan, and Street -
Related Commercial Area in the Newcastle Village Centre Secondary Plan. The Village
Centre and Street -Related Commercial Area designations incorporate the heritage
downtown area and adjoining redevelopment areas and intend to serve as the focal
point of the community and serve primarily local needs for retail and service uses. The
proposed larger unit will provide a commercial use that will serve the needs and
contribute to the area as a focal point of the community.
5.3 The Clarington Official Plan, Newcastle Village Secondary Plan and Newcastle Village
Centre Urban Design Guidelines of the Secondary Plan require commercial buildings to
be sited near the street line. In this area building provide entrances with canopies and
architectural elements that are connected to the street and promote active street life and
enhance the historic character of the area.
5.4 The existing building design borrowed architectural cues from the neighbouring Massey
Building to provide an appropriate architectural design given the context of the
neighbourhood. Consistency in fagade and trim on this building reinforce the heritage of
the adjacent Massey building. Importance was placed on creating a contiguous
horizontal street fagade with the use of similar building massing and elevation materials.
The elevation design provided building articulation with columns that created bays and
allowed the placement of windows and doors and a canopy to enhance the streetscape.
The proposed larger unit will remain visually unchanged and the architectural elements
of the building such as the location of doors, central canopy and other architectural
elements will continue to promote a welcoming active street life and enhance the
historic character of the area and streetscape. The entrance to the proposed
commercial unit would also be connected to Beaver Street South through the existing
walkway that wraps around the building (see Figure 5 and 6).
5.5 The proposed larger unit and location of the entrance for a permitted commercial use is
compliant with the intent of the Clarington Official Plan.
Municipality of Clarington
Committee of Adjustment A2022-0013 Page 8
Figure 5: Proposed commercial ground floor elevation along Beaver Street South
Figure 6: Proposed commercial ground floor entrance facing the east parking area
5.6 For the above stated reasons, 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
5.7 Within Zoning By-law 84-63, the property is zoned "General Commercial Exception C1-
62 (SA/6) Zone" . The C1-62 (SA/6) Zone" includes commercial uses of similar scale to
those within the historic downtown and pedestrian oriented buildings that promote active
street life.
5.8 The proposed larger unit size and non-residential entrance located on the east side of
the building still maintain the general intent and purpose of the Zoning By-law, as the
structural elements of the building that create the visual perception of having multiple
stores will remain; these also include the placement of doors, windows and other
architectural design elements that contribute to enhance the character of the historic
downtown and promote an active ground floor that remain unchanged.
5.9 For the above stated reasons, it is Staff's opinion that the application conforms to the
intent and purpose of the Zoning By-law.
Desirable for the appropriate development or use of the land, building or structure
5.10 The mixed -use building includes design elements that are consistent with the policies of
the Clarington Official Plan, Newcastle Village Centre Secondary Plan, Newcastle
Village Centre Urban Design Guidelines and Zoning By-law. These policies, guidelines
and standards facilitate commercial units that would animate the street and building
entrances facing public streets that promote active street life and enhance the historic
character of the area.
5.11 The proposal is not contrary to the policies, guidelines, and standards and is desirable
for the appropriate development because the proposed larger unit and entrance location
Municipality of Clarington
Committee of Adjustment A2022-0013 Page 9
will not alter the structural elements of the building and external architectural design of
the building or street fagade. From the street, the design of the building with bays and
doors will still be perceived as multiple units. The transparent glazing on doors and
windows would also allow views from the street in the commercial unit to create an
active street.
5.12 As a result of the circulation to staff and agencies, no technical reasons were raised that
would suggest the minor variance should not be approved.
5.13 For the above stated reasons, it is Staff's opinion that the minor variance requested is
desirable for the appropriate development or use of the subject property.
Minor in Nature
5.14 The maximum unit size and non-residential entrance along the street fagade is to
ensure that commercial uses enhance the character of the historic downtown and
animate the street. The proposed request is to increase the unit size and to move the
non-residential entrance to the east side of the building. The changes requested will not
require structural modifications to the buildings or changes to the architectural elements
of the fagade. The proposed unit will still be perceived as multiple units through the
design elements of the building. The proposed entrance will still be connected to Beaver
Street South via the walkway that wraps around the building. There is no anticipated
impact to the street activity by the proposed variances.
5.15 Planning Staff received no adverse comments from internal departments and agencies.
5.16 For the above of stated reasons, it is Staff's opinion that the proposed increased unit
size, and removal the requirement for a non-residential entrance located in the street
fagade (Beaver Street) are minor in nature.
6. Conclusion
6.1 It is Staff's opinion that the application conforms to the intent and purpose of the
Regional and Municipal Official Plans, the Zoning Bylaw, is desirable for the appropriate
development or use of land and is deemed to be minor in nature.
6.2 Given the above comments Staff recommends approving this application for a minor
variance to Table 16.5.62.c. of Zoning By-law 84-63 by increasing the maximum
commercial unit size from 600 square metres to 971 square metres and eliminating the
requirement for a non-residential entrance located in the street fagade (Beaver Street)
to facilitate the development of a retail commercial establishment.
Municipality of Clarington
Committee of Adjustment A2022-0013 Page 10
Submitted by:
Ron Warne, Manager, Development Review Branch
Staff Contacts: Ruth Porras, Lisa Backus
The following interested parties will be notified of Committee's decision:
Tenzin Gyaltsan