HomeMy WebLinkAboutA2022-0014 & A2022-0015 248 Mearns Avenue CommentsClarftwn
Planning and Development Services
Committee of Adjustment
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Coordinator at 905-623-3379 ext. 2131.
Date of Meeting: April 28, 2022
File Numbers: A2022-0014/A2022-0015
Address: 248 Mearns Avenue, Bowmanville
Report Subject: Minor variances to facilitate a land division application (LD2022/030) by:
1. Reducing the minimum required lot area from 4,000 square metres to
1,050 square metres and by reducing the minimum required front yard
setback from 6 metres to 4.5 metres (A2022-014); and
2. Reducing the minimum required lot frontage from 30 metres to 28.5
metres and by reducing the minimum required lot area from 4,000 square
metres to 2,912 square metres (A2022-015).
Recommendations:
1. That the Report for Minor Variance Applications A2022-0014 and A2022-0015 be
received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That applications A2022-0014 and A2022-0015 for minor variances to Sections 9.2
a., 9.2 b. and 9.2 c. i) of Zoning By-law 84-63 to facilitate a land division application
(LD2022/030) by:
1. Reducing the minimum required lot area from 4,000 square metres to 1,050
square metres and by reducing the minimum required front yard setback from 6
metres to 4.5 metres (A2022-014); and
2. Reducing the minimum required lot frontage from 30 metres to 28.5 metres and
by reducing the minimum required lot area from 4,000 square metres to 2,912
square metres (A2022-015),
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 A2022-0014 and A2020-0015
1.
1.1
Application Details
Owner/Applicant
1.2 Agent:
Jaro Rimes
Mark Foley
Page 2
1.3 Proposal Minor variances to facilitate a land division application
(LD2022/030) by:
1. Reducing the minimum required lot area from 4,000 square
metres to 1,050 square metres and by reducing the minimum
required front yard setback from 6 metres to 4.5 metres (A2022-
014); and
2. Reducing the minimum required lot frontage from 30 metres
to 28.5 metres and by reducing the minimum required lot area
from 4,000 square metres to 2,912 square metres (A2022-015).
1.4 Area of Proposed Lots: Retained: 1,051 square metres; Severed 2,912 square metres
1.5 Location: 248 Mearns Avenue, Bowmanville (see Figure 1)
1.6 Legal Description: Part Lot 9, Concession 2, Former Township of Darlington
1.7 Zoning: "Agricultural (A)" in Zoning By-law 84-63
1.8 Clarington Official Plan Urban Residential
Designation:
1.9 Durham Region Living Areas
Official Plan
Designation:
1.10 Heritage Status: None
Municipality of Clarington
Committee of Adjustment A2022-0014 & A2022-0015
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Page 3
Municipality of Clarington
Committee of Adjustment A2022-0014 & A2022-0015 Page 4
2. Background
2.1 A Land Division application (LD02022/030) was conditionally approved in April 2022, to
facilitate a lot line adjustment for consent to add a 2,835 square metre residential parcel
of land to the north, retaining a 1,051 square metre residential parcel of land with an
existing dwelling to remain (See Figure 2). The parcel to the north is 77 square metres
and is owned by the Agent of the minor variance applications. Should the land division
conditions be fulfilled, the total lot area for the parcel to the north would be 2,912 square
metres.
2.2 As part of the conditions of approval, the applicant must satisfy the requirements of the
Municipality of Clarington which include complying with the provisions of the Zoning By-
law. The minor variances requested are to facilitate the land division application which
would allow for the future development of a subdivision on the severed parcel, while
excluding the existing detached dwelling and its' current Owner from the land
development process.
2.3 The Public Meeting Notice that was mailed out indicated that the minor variance for the
benefitting lands would be 2,800 square metres as noted in the application. After further
review and confirming with the Region the decision that was approved at the Land
Division Committee Meeting, Staff recommend that the minor variance be approved to
reduce the minimum lot area of the benefitting lands to 2,912 square metres. This would
include the existing 77 square metre parcel (strip of land) to the north of the subject site
and the 2,835 square metres to be added to this parcel through the land division
application. This is further into compliance with the Zoning By-law. The applicant has
been notified and has no objections to the revised lot area.
2.4 The retained lot accommodating the existing dwelling would have an area of 1,050
square metres while the Zoning By-law requires a minimum of 4,000 square metres.
Ireland Street would become the lot frontage. The front yard setback requirement is 6
metres whereas the dwelling as it exists, provides 4.5 metres.
2.5 The benefitting lands require a minimum lot area of 4,000 square metres whereas the
lot provides 2,912 square metres. Draft Plan of Subdivision and Zoning By-law
Amendment applications are forthcoming for the benefitting lands to facilitate a seven -
lot subdivision (See Figure 2). Five lots would front onto Lyle Drive and two lots would
front onto Ireland Street, providing a similar lot fabric to the existing detached dwellings
on Lyle Drive and Ireland Street.
Municipality of Clarington
Committee of Adjustment A2022-0014 & A2022-0015
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3. Land Characteristics
Page 5
3.1 The subject property is located at 248 Mearns Avenue, south of Lyle Drive and north of
Ireland Street (see Figure 2). The property is an oversized urban residential lot in an
existing urban residential neighbourhood.
3.2 The surrounding uses to the north, east, south and west are generally low -density
residential subdivisions.
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 inquiries regarding the application.
5. Departmental and Agency Comments
5.1 The Development Division of Public Works has reviewed the applications and has no
objections.
5.2 The Building Division of Planning and Development Services has reviewed the
applications and has no objections.
Municipality of Clarington
Committee of Adjustment A2022-0014 & A2022-0015 Page 6
5.3 Clarington Emergency and Fire Services Department has reviewed the applications and
has no objections.
5.4 The Regional Municipality of Durham has reviewed the applications and has no
objections.
6. Discussion
Conformity with the intent and purpose of the Regional and Clarington Official Plans
6.1 The subject property is designated "Living Areas" in the Durham Region Official Plan
and is designated "Urban Residential" in the Clarington Official Plan.
6.2 Both the Regional and Clarington Official Plans permit residential uses on the property.
Conformity with the intent and purpose of the Zoning By-law
6.3 The subject property is zoned "Agricultural (A)" in Zoning By-law 84-63. Section 6.2 a.
requires that non -farm residential buildings and structures on lots which predate the
passing of this By-law which are created by severance in accordance with the Durham
Regional Official Plan, to comply with the Zone requirements set out in Section 9.2 of
the By-law. Section 9.2 are the "Residential Hamlet (RH)" provisions.
6.4 The intent of the lot area, lot frontage and front yard setback requirements are to ensure
the proposed development type and form are appropriate for the lands on which they
are to be developed. The property includes an existing detached dwelling on the
retained parcel and the Agent has designed a seven -lot subdivision consisting of single -
detached dwellings on the severed parcel as shown in Figure 2.
6.5 The minimum lot area required in the Residential Hamlet (RH) Zone is 4,000 square
metres, whereas the requested variances are to reduce the lot area to 1,050 square
metres for the retained lands and 2,912 square metres for the benefitting lands. The
intent of the minimum lot area provision of Residential Hamlet zone is to ensure that
there is sufficient area for private well and sanitary services. The subject site is within
the urban area of Bowmanville and is connected to municipal services. As part of the
draft plan of subdivision process, the future lots on the severed parcel would be required
to be connected to municipal services.
6.6 The intent and purpose of the minimum lot frontage requirement in the Zoning By-law is
to ensure there is sufficient area for a building with appropriate setbacks, landscaped
open space for drainage, and parking. The retained parcel has lot frontage of 28.5
metres, whereas the Residential Hamlet (RH) Zone requires a minimum lot frontage of
30 metres. The property provides sufficient area for the detached dwelling, parking, and
landscaped open space for drainage.
Municipality of Clarington
Committee of Adjustment A2022-0014 & A2022-0015 Page 7
6.7 The intent and purpose of the minimum front yard setback in the Zoning By-law is to
ensure that there is sufficient separation between the street and the dwelling by
establishing appropriate yard space, and to establish a consistent character and built
form in the neighbourhood. In addition, these setbacks are required to ensure that
dwellings do not dominate the streetscape by being located too close to the street. The
reduction of the minimum front yard setback for the retained parcel from 6 metres to 4.5
metres for the existing detached dwelling lot continues to provide sufficient separation
between the private and public realm. Overall, the size of the detached dwelling does
not overwhelm the property or the public realm.
6.8 For the above stated reasons, it is Staff's opinion that the applications are in conformity
with the intent and purpose of the Zoning By-law.
Desirable for the appropriate development or use of the land, building or structure
6.9 The requested variances to reduce the lot area, lot frontage and front yard setback in
the Residential Hamlet (RH) Zone will facilitate the land division application for a future
plan of subdivision, while excluding the Owner of the existing detached dwelling from
the land development process. The proposed variances maintain the residential use and
are in keeping with intent of urban residential designation by providing more typical
urban sized lots. The applications facilitate intensification and urbanization on existing
services.
6.10 For the above stated reasons, it is Staff's opinion that the variances are desirable for the
appropriate development or use of the land and structure.
Minor in Nature
6.11 The proposed variances conform to both Official Plans and maintain the intent of the
provisions for lot frontage, lot area and front yard setback in the "Residential Hamlet
(RH)" Zone of Zoning By-law 84-63. The reduced lot frontage and lot area will allow the
benefitting lands to redevelop as a subdivision that is consistent with the lot frontages
and lot areas in the existing neighbourhood. The retained lands provide larger lot
frontage and lot area then currently exists in the surrounding neighbourhood. The
reduced front yard setback would bring the detached dwelling into conformity with the
zoning provisions of the RH Zone. The required front yard and exterior side yard
setback is 6 metres in the RH zone. The Ireland Street frontage, through the land
division application would now be considered the front lot line, however the existing
dwelling would not meet the zoning standard for the existing exterior side yard setback.
6.12 For the above stated reasons, it is Staff's opinion that the applications are considered to
be minor in nature.
Municipality of Clarington
Committee of Adjustment A2022-0014 & A2022-0015 Page 8
7. Conclusion
7.1 Based on Staff's review of the applications, the applications conform with the intent and
purpose of the Regional and Municipal Official Plans, conforms with the intent and
purpose of the Zoning By-law, are desirable for the appropriate use of the land and
structure, and are considered to be minor in nature.
Given the above comments, Staff recommends approving these applications for a
minor variance to:
Section 9.2 a. by reducing the minimum required lot area from 4,000 square
metres to 1,050 square metres and 9.2 c. i) by reducing the minimum required
front yard setback from 6 metres to 4.5 metres (A2022-014); and
2. Section 9.2 a. by reducing the minimum required lot frontage from 30 metres to
28.5 metres and Section 9.2 b. by reducing the minimum required lot area from
4,000 square metres to 2,912 square metres (A2022-015).
Submitted by:
Ron Warne, Manager of Development Review
Planning and Development Services Department
Staff Contact: Toni Rubino, Planner, 905-623-3379 extension 2431 or trubino _clarington.net .
Interested Parties:
The following interested parties will be notified of Committee's decision:
Jaro Rimes
Mark Foley