HomeMy WebLinkAboutA2022-0035 24 Chater Lane Comments 08-25Clarftwn
Planning and Development Services
Committee of Adjustment
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Date of Meeting: August 25, 2022
File Number: A2022-0035
Address: 24 Chater Lane, Leskard
Report Subject: To facilitate a severance application by reducing the minimum lot area for
an agricultural use from 40 hectares to 32.14 hectares and from 4,000
square metres to 2,550 square metres for a residential use and to reduce
the minimum side yard setback to the existing barn as a result of the
proposed lot lines from 15 metres to 8.63 metres.
Recommendations:
That the Report for Minor Variance Application A2022-0035 be received;
2. That all written comments and verbal submissions were considered in the deliberation
of this application;
3. That application A2022-0035 for Minor Variances to Sections 6.3. a), 6.3. c. (iii), and
9.2. a), of Zoning By-law 84-63, to facilitate a severance application by reducing the
minimum lot area for an agricultural use from 40 hectares to 32.14 hectares and from
4,000 square metres to 2,550 square metres for a residential use and to reduce the
minimum side yard setback to the existing barn from 15 metres to 8.63 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 A2022-0035
1 Application Details
Page 2
1.1 Owner(s)/Applicant:
Richard & Nancy Trolly
1.2 Proposal
Minor Variances to Sections 6.3. a), 6.3. c. (iii), and 9.2. a), of
Zoning By-law 84-63, to facilitate a severance application by
reducing the minimum lot area for an agricultural use from 40
hectares to 32.14 hectares and from 4,000 square metres to
2,550 square metres for a residential use and to reduce the
minimum side yard setback to the existing barn as a result of
the proposed lot lines from 15 metres to 8.63 metres
1.3 Area of Lot:
32.40 hectares
1.4 Location:
24 Chater Lane, Leskard (see Figure 1)
1.5 Legal Description:
Part Lot 31, Concession 7, Former Township of Clarke,
24 Chater Lane
1.6 Zoning:
"Agriculture (A) Zone" and "Environmental Protection (EP)
Zone" of Zoning By-law 84-63
1.7 Clarington Official Plan Hamlet, Prime Agricultural Area, and Environmental Protection
Designation: Area
1.8 Durham Region Official Hamlet, Prime Agricultural Area, and Major Open Space Areas
Plan Designation:
1.9 Heritage Status: None
Municipality of Clarington
Committee of Adjustment A2022-0035
Figure 1 — Location Map
Paae 3
Municipality of Clarington
Committee of Adjustment A2022-0035 Page 4
2 Background
2.1 The applicant received approval for an application to the Land Division Committee (LD
2022/46) to sever a 0.255-hectare hamlet lot with an existing dwelling to remain, from a
32.40 hectare agricultural parcel with an existing barn and shed to remain, subject to
receiving approval from the Committee of Adjustment for reductions in lot area for the
severed and retained portions as well for a reduced side yard setback to an existing
barn.
2.2. Figure 1 shows the severed and retained lands. Figure 2, shows the proposed new lot
will be approximately 2,550 square metres within the hamlet boundary as shown in
light green. Figure 3 shows the reduction in the side yard setback from 15m-to-8.63m
for the existing barn.
Municipality of Clarington
Committee of Adjustment A2022-0035
CONCESSION ROAD 8
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REGIONAL MUNICIPALITY OF DURH.
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APPLICANTS: RICHARD GILBERT TROLLY
NANCY ELLEN TROLLY
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Page 5
Figure 2: Survey of the lot, showing where the proposed lands will be severed (light green
represents the proposed severed parcel and tan represents the proposed retained parcel)
Municipality of Clarington
Committee of Adjustment A2022-0035 Page 6
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Area of
reduction in
side yard
setback
from 15m to
8.63m
Existing
agricultural
building
(shed)
Figure 3: Area of reduction of side yard setback from the existing agricultural building to
the severed parcel.
2.3 On August 2, 2022, the applicant submitted a Minor Variance application to reduce
the lot area of the severed and retained portions and a setback from an existing barn.
Municipality of Clarington
Committee of Adjustment A2022-0035 Page 7
3 Land Characteristics and Surrounding Uses
3.1 The subject property is located at 24 Chater Lane, Leskard, which is southeast of
Concession Road 8 and Leskard Road (see Figure 1). The proposed severed lot is an
irregular shaped with an area of approximately 2, 550 square metres, with a lot
frontage of 52.6 metres and an approximate depth of 73.2 metres on one side and 39.'
metres and 35 metres on the other side. The existing dwelling on the severed parcel is
within the regulated area of the Ganaraska Region Conservation Authority (G.R.C.A.).
3.2 The surrounding uses to the immediate north and west are residential within the hamlet
boundary. The surrounding uses to the immediate east are agriculture and Wilmot
Creek. Surrounding uses to the south is agriculture.
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 At the time of writing this report, Staff received no inquiries or objections regarding this
application.
5. Departmental Comments
5.1 The Development Engineering Division of Public Works has no concerns with this
application.
5.2 The Building Division of Planning and Development Services has no concerns with this
application.
5.3 Clarington Emergency and Fire Services Department has no fire safety concerns with
this application.
6 Discussion
Conformity with the intent and purpose of the Regional and Clarington Official Plans
6.1 The property is designated "Hamlet, Prime Agricultural Areas and Major Open Space
Areas" within the Durham Regional Official Plan. The property is designated "Hamlet,
Prime Agricultural and Environmental Protection" within the Clarington Official Plan
Both the Regional and Clarington Official Plans permit residential uses on both the
severed and retained lands.
Municipality of Clarington
Committee of Adjustment A2022-0035
Paae 8
6.2 The reduction of the lot area of the severed parcel with an existing home is within the
hamlet (see Figure 2). The reduction of the retained parcel (farm parcel) is minor, and it
remains a viable farm (see Figure 2).
6.3 It is staff's opinion that the application conforms to the intent and purpose of both the
Official Plans.
Conformity with the intent and purpose of the Zoning by-law
6.4 Within the Comprehensive Zoning By-law 84-63, as amended, the subject property is
zoned "Agricultural (A)" and "Environmental Protection (EP)". One single -detached
residential dwelling per lot is permitted subject to the provisions for residential uses of
the Residential Hamlet (RH) Zone. The existing dwelling and use is permitted within the
"RH" zone. Any new development is restricted to the area zoned Agriculture (A).
6.5 The reduction of the lot area of the severed parcel with an existing home is within the
hamlet (see Figure 2). The reduction of the retained parcel (farm parcel) is minor, and it
remains a viable farm (see Figure 2).
6.6 It is in staff's opinion that the proposed reduction to the interior side yard setback
from15 metres to 8.63 metres maintains sufficient area between the existing barn on
the retained parcel and the severed parcel. The barn is existing, and no new changes
are proposed. For the above reasons, it is in staff's opinion that the proposed reduction
minimum lot area for the severed and retained lands and reduction in the side yard
setback maintains 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 purpose of the consent application is to sever a 0.255-hectare residential lot within
the hamlet boundary of Leskard while retaining agricultural land identified outside of
the hamlet boundary. The retained lands are in the Prime Agricultural Areas and are
being used for agricultural purposes and will continue to be used for agricultural uses.
The reduction of the minimum lot area required from 40 hectares to 32.14 hectares in
the "Agricultural (A) Zone" would not diminish the agricultural uses and is a desirable
and appropriate use of land. The existing barn and shed on the retained parcel will
continued to be used for agricultural purposes (see Figures 4a, 4b and 4c).
6.8 The predominant use of lands within the Hamlet shall be residential uses in the form of
single detached dwellings. The proposed creation of a residential hamlet lot supports
infill development within the hamlet boundary utilizing existing road infrastructure. The
lot size is similar to the lot sizes within the hamlet boundary.
6.9 No concerns regarding privacy have been raised by members of the public.
6.10 For the above stated reasons, it is in staff's opinion that the minor variance requested
is desirable for the residential use of land and building.
Municipality of Clarington
Committee of Adjustment A2022-0035
Page 9
Figure 4a: Looking north at the existing home on the severed parcel that is located on Chater
Lane
Figure 4b: Looking southeast at the existing agricultural building (shed) on the retained
parcel that is located south of the severed parcel on Chater Lane
Municipality of Clarington
Committee of Adjustment A2022-0035 Page 10
Figure 4c: Looking south at the retained and severed parcels (existing home on the severed
parcel and existing shed on the retained parcel).
Minor in Nature
6.11 The intent of the minimum lot area requirement for agricultural use is to protect and
promote agricultural uses and normal farm practices and to protect the long-term
viability of the agricultural system by preventing its fragmentation. The existing property
has a lot area of 32.40 hectares that includes the portion within the hamlet boundary
supporting the existing single detached dwelling and agricultural uses in the other
areas of the property. After the severance, the variance would allow the agricultural
uses to continue in spite of the minimum lot area requirement. The variance would
allow the residential uses to continue in spite of the minimum lot area and minimum
side yard setback requirement.
6.12 For the above stated reasons, it is Staff's opinion that the proposed decrease to the
permitted setback to the private road is 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 approval of the subject application for
minor variances to Sections 6.3. a), 6.3. c. (iii), and 9.2. a), of Zoning By-law 84-63, to
facilitate a severance application by reducing the minimum lot area for an agricultural
use from 40 hectares to 32.14 hectares and from 4,000 square metres to 2,550 square
metres for a residential use and to reduce the minimum side yard setback to the
existing barn as a result of the proposed lot lines from 15 metres to 8.63 metres.
Municipality of Clarington
Committee of Adjustment A2022-0035 Page 11
Submitted by: NP
Amanda Tapp,
Acting Manager, Development Review Branch
Staff Contact: Jacob Circo
Interested Parties:
Richard & Nancy Tolley
Attachment:
Survey showing severed parcel and retained parcel
Attachment
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