HomeMy WebLinkAboutA2022-0016 5 Phair Avenue CommentsClarftwn
Planning and Development Services
Committee of Adjustment
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Date of Meeting: June 16, 2022
File Number: A2022-0016
Address: 5 Phair Avenue, Courtice
Report Subject: To facilitate the construction of a detached dwelling by reducing the rear
yard setback from the required 7.5 metres to 6.2 metres.
Recommendations:
1. That the Report for Minor Variance Application A2022-0016 be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application A2022-0016 for a minor variance to Section 12.2.d iv) of Zoning By-
law 84-63 to reduce the minimum rear yard setback from 7.5 metres to 6.2 metres
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 A2022-0016
1. Application Details
1.1 Owner: Thomas and Janelle Robinson
1.2 Applicant: James Church
Page 2
1.3 Proposal Minor variance to Section 12.2.d iv) of Zoning By-law 84-63 to
reduce the rear yard setback from the required 7.5 metres to
6.2 metres.
1.4 Area of Lot: 742 square metres (retained lot)
610 square metres (severed lot)
1.5 Location: 5 Phair Avenue, Courtice
1.6 Legal Description: Part Lot 11, Concession 1, Former Township of Darlington
1.7 Zoning: "Urban Residential Type One (R1)" 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 A2022-0016
Property Location Mop I[-- �-" I - J
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InArta Subject Ta Mi nar Variance
S Pha it Avenue
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Figure 1 — Location Map
Page 3
Municipality of Clarington
Committee of Adjustment A2022-0016
2. Background
Page 4
2.1 The applicant submitted a Land Division application to the Region of Durham to create
one new residential lot in April of 2021.
2.2 At the June 7, 2021, the Regional Municipality of Durham Land Division Committee
Meeting, conditionally approved the severance application (LD 2021/051). The applicant
did not submit a siting plan at the time of the land division application. The proposal met
provincial and local planning policy as well as the lot area and lot frontage requirements
of the Zoning By-law. As such, the Municipality provided clearance to the Region on
May 4, 2022.
2.3 In May of 2022, the applicant applied for Minor Variance to reduce the minimum rear
yard setback of the severed parcel from 7.5 metres to 6.2 metres to facilitate a new
single detached dwelling. The retained parcel includes an existing detached dwelling
and meets the zoning provisions of the Residential Type One (R1) zone.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 5 Phair Avenue at the southeast corner of Phair
Avenue and Prestonvale Road in Courtice. A one -storey single detached dwelling exists
on the retained lands. The severed lands are currently vacant. The retained parcel has
a lot area of 742 square metres and lot frontage of 19 metres on Prestonvale Road and
31.2 metres on Phair Avenue. The severed parcel has a lot area of 610 square metres
and lot frontage of 32.3 metres on Phair Avenue.
3.2 The surrounding uses are low density residential dwelling uses, consisting primarily of
one to two storey single detached dwellings.
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 about this application.
5. Departmental and Agency Comments
5.1 The Development Division of Public Works has reviewed the application and have no
objection to the proposed minor variance subject to the following comments:
1. There are no sanitary sewers along the frontage of the subject property to service
this lot. The applicant will be required to apply for a Road Occupancy Permit with the
Municipality and post securities for the external works in order to extend services.
Municipality of Clarington
Committee of Adjustment A2022-0016
Page 5
2. When the applicant/owner applies for a Building Permit with the Municipality, Public
Works will require the following:
The applicant/owner must apply for an Entrance Permit to facilitate the
construction of an entrance from the subject property to Phair Avenue. The
applicant/owner will be responsible for any cost necessary in providing a
connecting access which may include entrance paving, restoration etc. More
information on Entrance Permits can be found online at Clarington.net or through
By-law 2015-040.
Grading and Servicing Plan: The plan must be prepared by a qualified
Professional Engineer or an OLS and include the following:
o The grading portion of the plan must demonstrate that there is no impact on
any adjacent properties as a result of this proposal. Retaining walls are to be
avoided.
o Depict the locations of all services that will be constructed and installed on -
site which includes sanitary, water, storm sewer services if available, as well
as utilities such as hydro, gas, cable.
5.2 The Building Division of Planning and Development Services has reviewed the
application note that a building permit is required for the detached dwelling.
5.3 Clarington Emergency and Fire Services Department has reviewed the application 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.
6.3 Both the Regional and Clarington Official Plans permit the residential use of the
property.
6.4 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
6.5 The subject property is zoned "Urban Residential Type One (R1)" in Zoning By-law 84-
63. The "R1" Zone requires a minimum lot area of 460 square metres and minimum lot
Municipality of Clarington
Committee of Adiustment A2O22-0016
Page 6
frontage of 15 metres for a single detached dwelling lot. The retained lot provides a lot
area of 610 square metres and lot frontage of 32.3 metres.
6.6 The proposed two -storey detached dwelling with an attached garage on the severed
parcel will have a rear yard setback of 6.4 metres (See Figure 2). The applicant has
requested a rear setback reduction from 7.5 metres to 6.2 metres. This deficiency can
be attributed to a shallow but wide lot. While the lot has an irregular shape the width at
the rear of the lot is more than 26 metres.
6.7 The intent and purpose of the rear yard setback is to ensure that there is sufficient
amenity space for the resident's enjoyment and sufficient area to situate a dwelling with
appropriate setbacks from abutting properties.
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6.8 Traditionally most newly created lots are long and narrow while this lot appears to be
shallow and wide which restricts it from meeting the rear yard setback requirement of
the zoning. The applicant has demonstrated that the proposed dwelling on the subject
severed parcel can be appropriately sited on the lot and can satisfy all other applicable
zoning provisions. The proposal provides sufficient useable amenity space in the rear
yard for the resident's enjoyment.
Municipality of Clarington
Committee of Adjustment A2022-0016 Page 7
6.9 For the above stated reasons, it is Staff's opinion that the application conforms with the
intent of the Zoning By-law.
Desirable for the appropriate development or use of the land, building or structure
6.10 The appropriate development for the subject property is residential. The neighbourhood
includes properties zoned to permit single detached dwellings. The severance provides
an opportunity for gentle intensification on the property without significantly deviating
from the Zoning By-law requirements. The remaining dwelling on the retained parcel
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.
6.11 Based on the review by Staff and agencies there are no technical reasons why the
minor variance should not be supported.
6.12 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
6.13 The proposed single detached is in keeping with the low -density residential
development existing on adjacent and surrounding properties. The reduction in the rear
yard setback will not negatively impact the character of the neighbourhood nor result in
an adverse visual impact on the streetscape.
6.14 The new single detached dwelling on the severed lot will be built to satisfy all other
zoning provisions.
6.15 Planning Staff have received no adverse comments from internal departments,
agencies or the public.
6.16 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 it 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 a minor
variance to facilitate the creation of a new detached dwelling by reducing the rear yard
setback from 7.5 metres to 6.2 metres.
Municipality of Clarington
Committee of Adjustment A2022-0016 Page 8
Submitted by:
Ron Warne, Manager
Development Review Branch
Staff Contact: Toni Rubino
Interested Parties:
The following interested parties will be notified of Committee's decision:
James Church
Thomas and Janelle Robinson