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Home My WebLink AboutA2022-0044_to_0045 Comment _7 Glenview Road.pdf • �� 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: September 28, 2022 File Number: A2022-0044 —A2022-0045 Address: 7 Glenview Road, Courtice Report Subject: To facilitate the construction of single-family dwellings by reducing the interior side yard set back from 1.5 meters to 1.2 meters and to increase lot coverage of each dwelling from 30% to 34%. Recommendations: 1. That the Report for Minor Variance A2022-0044 and 2022-0045 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2022-0044 and A2022-0045 for a minor variance to Section� 12.4.32 c) ii) and 12.4.32 d) i) of Zoning By-law 84-63 to facilitate the construction of a single-family dwelling by reducing the interior side yard set back from 1.5 metres to 1.2 metres and to increase lot coverage of each dwelling from 30% to 34% be approved subject to the following conditions being fulfilled: i. That the proposal maintains a minimum of 30% soft landscaped open space in the front yard. ii. That at minimum, one tree is planted in each front yard. 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 Page 2 A2022-0044 —A2022-0045 1 . Application Details 1.1 Owner: Geoff Ellis 1.2 Agent: Nicole Mountain 1.3 Proposal: Minor variance to Sections 12.4.32 c) ii) and 12.4.32 d) i) of Zoning By-law 84-63, to facilitate the construction of a single-family dwelling by reducing the interior side yard set back from 1.5 metres to 1.2 metres and to increase lot coverage of each dwelling from 30% to 34%. 1.4 Area of Lot: 743.07 square metres 1.5 Location: 7 Glenview Road (see Figure 1) 1.6 Legal Description: Part Lot 29, Concession 3, Former Town of Darlington 1.7 Zoning: Urban Residential Exception (R1-32) 1.8 Clarington Official Plan Designation: Urban Residential 1.9 Durham Region Official Plan Designation: Living Areas 1.10 Heritage Status: None Municipality of Clarington Committee of Adjustment Page 3 A2022-0044 –A2022-0045 ~ - �o ?�r+ra' ; � --- 3260 32fi5 ��:� ;53?ornr;r�? j 'Y--�- __ . � �� '4��i�i� +��;�'�I� �'NI� i — "_" . . ... o� � �1 r�-,,� � � u� u'� � J i' j n�i � v�',� �n_�` 1��L . �' � � J 3233 ��4 � GEDRGE REYIV�LDS �R � �'� I ��;�------ — — — � 3 �7 4— � � I�— •c�l .[�N] � . .Mj'�� I� �n c7,[�'1 ' �"� � � � I � r � i� _"' ' '. � q I oe N �,y�o� �p �1 o a �v N e�i M c�i�m v�� '�+ �_ ��J 3201 ��$ � �i SKINNER CT — �154 52 51 �n a u� rn c-� n �n a� ti�� ' 379'[ ��r cV (V M M [�^. 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I A�O��-UU4� &R202�-0045 ~ � Lxr:�• Ur+t:i!�:n •-� Figure 1: Location Map Municipality of Clarington Committee of Adjustment Page 4 A2022-0044 — A2022-0045 2. Background 2.1 On February 7th, 2022, Durham Region Land Division Committee approved application LD001/2022 to sever a 743.57 m2 residential parcel of land, retaining a 743.43 m2 residential parcel of land for future development with a condition that the existing dwelling is to be demolished. 2.2 On August 26th, 2022, Planning Staff received an application for a Minor Variance from the agent for 7 Glenview Road, Courtice. The application seeks to permit the construction of a single-family dwelling by reducing the interior side yard set back from 1.5 metres to 1.2 metres and to increase lot coverage of the dwelling from 30% to 34%. 2.3 A demolition permit was issued by the Building Department on June 29t", 2022, pertaining to the existing single-detached dwelling. The area of the proposed dwellings on both the severed and retained lots would be approximately 243.32 square metres and would consume approximately 34% of the lot coverage. The construction of the dwellings would propose a lot coverage increase (for dwelling) of 4%. Therefore, increasing the permitted lot coverage of 30% to 34%. 2.4 The proposed dwellings will include attached garages which permits the dwelling to be setback a minimum of 1.5 metres from the interior property line. The proposal seeks to reduce the setback requirement on the east and west sides of each dwelling to 1.2 metres. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 7 Glenview Road, Courtice, which is north of Nash Road and west of Courtice Road (see Figure 1). Each lot is approximately 743.07 square metres with an approximate frontage of 16.26 metres and an approximate depth of 45.72 metres. 3.2 The surrounding uses to the immediate north, south, east, and west are existing urban residential. (See Figure 2). Municipality of Clarington Committee of Adjustment Page 5 A2022-0044 — A2022-0045 . �,rp � •. .�.��*,�,: ti t ..>;.w .a ..��.k . - ,: .t x � � � � S� SIiINNERCOURi w a � . � i. - • ' . � • z � 52 51 s y 15 . 19 1' 27 '1 'S 39 43 47 51 :i b .:�`}. 1 a� � 18 5 -r, � 4 � � ?' t � - — { • r: aa , A� � ',��,,�` ,.i �14' � • , s 1�` �� •� � L +14 k �-.i a , .�O . . �'�' k'.. ' s� � Y . .. - �+ . �;r . 1 ��'+ GLEFJ4'i�;. K��C � 3 G . �++ . - . � *`�� 37 � 5 � � � �: ; _ ��c� � . z �� — �� ., ; �� # �� , � , 3� ., . ;, - , 3, �, 31 '� � i�k, f� �� + � � _ , � � � ~_ ^ � �i . ' . �� -� .` � � ...� � �� y 2 ri . Jt �� . , �. _.,,•,:. . _. � � J f> y-` �. �. _ _ x �~' � t �j y - r� - 7 - , ��..�. ,.,e. � � e , ,a � . �'� ._i-�. � ' 21 ... }y� . .E"'�J � � 1 + � .. ?? �•.� lr.11f! ''S Y. � * 2� � ,�.� _ti' ��' ' � � . -u:: ";. . � - . .,�, �8 :;1�:• J - � � _ � '.ti � � � �. ,� . - S�_ '17 s.'�'tis �. , �A . � �:i. _ 17 _ . � � �?�, ,{; 'fi ��a,,. .}3 1 9 '•.�; '�'� ��:, 1 . . -' �`'J' FA. r ~ . ,��i.� . � �. . - '� , Figure 2 - Subject Property and Surrounding Context 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 have not received any inquiries regarding the proposal. Municipality of Clarington Committee of Adjustment Page 6 A2022-0044 — A2022-0045 5. Departmental Comments 5.1 The Development Engineering Division of Planning & Development Services has reviewed the proposal and have no objections provided the existing drainage pattern within the lot remain unaltered. 5.2 The Building Division of Planning and Development Services has reviewed the proposal and requires a building permit. 5.3 Clarington Emergency and Fire Services Department have no concerns with this proposal. 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. 6.2 The subject property is designated Urban Residential within the Clarington Official Plan. 6.3 Both the Regional and Clarington Official Plans permit the residential use of the property. 6.4 It is Staff's opinion that each of the proposed dwellings conforms to the intent and purpose of both Official Plans. Conformity with the intent and purpose of the Zoning by-law 6.5 Within the Comprehensive Zoning By-law 84-63, the subject property is currently zoned Residential Exception Zone (R1-32) which permits a single detached dwelling. A zoning by-law amendment was passed in December of 2016 to create an exception zone for a portion of properties within the Glenview neighbourhood in Courtice. 6.6 The setback requirements for the R1-32 zone were increased from the parent R1 zone provisions to better match the existing character of the neighbourhood. Although the proposed footprint of the dwelling will reduce the interior side yard setback to the original provision of the parent zone to 1.2 metres, it maintains conformity with most provisions in the R1-32 zone that aide in maintaining the intended existing neighbourhood character. 6.7 Section 3.1 g) iv) within Zoning by-law 84-63 permits projections of various structures into any interior side yard, yet to not reduce the yard requirement below 0.6 metres. The proposed dwelling conforms to this general provision by maintaining enough space to access the rear yard and to provide room for lot drainage. Municipality of Clarington Committee of Adjustment Page 7 A2022-0044 — A2022-0045 6.8 Within the neighbourhood character study done for the rezoning of this neighbourhood — redevelopment of land was recognized and anticipated and would typically occur with the division of land into 2 lots into parcels of approximately 720 square metres. The 30% coverage would allow a 216 square metre (2,325 sq. ft.) house versus the existing permission for a 288 square metre (3,100 sq. ft.) house. The proposed dwellings are 249 square metres which is less area than the existing permission. It should be noted that accessory buildings and structures can add an additional 10% taking the total to 40%. The proposed lots have decks that each occupy approximately 6.6% of lot coverage. 6.9 For the above stated reasons, it is Staff's opinion that the application is in conformity with the intent and purpose of the Zoning by-law. _._�` '- _ 4 ��yy.v..i.�_W:Zi�L�i-: (�8_26Y i� ' _ _ :'�fpnvr'Y K�.�! __ _ _ __ _F�_'_ ' ' - — �(Ia.261 : _ ...� " _ S.a s£ �.a�-- _ �' ' � ��,o-c--= , `� � - .� ' � , _ - � �-� • � - :'.' i - ¢ • �� i . ,• � f, f # � � � .�' �ra� M :��-- � jti_k, 3�' � Rw� 139.58 � Y .�� . �` �' + RWL'� 2'J7 �Lrr .r' I rv -�'1 _ • r�� :�L r, f.� i � � . 'I/ , .. 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Municipality of Clarington Committee of Adjustment Page 8 A2022-0044 — A2022-0045 Desirable for the appropriate development or use of the land, building or structure 6.10 The permitted use for the subject property is residential. The proposed dwellings would not appear to have any negative impacts on the neighbourhood and would provide additional housing options for prospective home buyers in the Municipality. 6.11 The proposed dwellings are replacing an existing dwelling and no concerns or appeals have been raised by neighbours either at the land division application stage nor at the time of writing this report. 6.12 The proposed lot frontage, lot area and yard setbacks allow for the existing residential use on the lands to continue and function appropriately. 6.13 As a condition of approval of the Land Division application, the building permit will be reviewed for architectural control and urban design for conformity with the existing character of the surrounding buildings and streetscape to the satisfaction of the Director of Planning and Development Services. In Staff's opinion, the proposed dwelling shall not be significantly oversized in massing due to this requirement, and the minor variance can be attributed to a minimal reductions of the interior side yard setback and increase in lot coverage for each dwelling. 6.14 For the above stated reasons, it is staff's opinion that the minor variance requested would be desirable for the use of land and building. The proposal would be appropriate for the lands and not be detrimental to the surrounding area. Minor in Nature 6.15 To determine if an application is minor, the concept needs to maintain a flexible approach, and relates to the assessment of the significance of the variance to the surrounding circumstances and to the terms of the existing By-law. It is understood that an interpretation must be based on the unique circumstances of each application. 6.16 A decrease in the interior side yard setback from 1.5 metres to 1.2 metres and increasing the dwelling lot coverage does not significantly depart from the provisions contemplated in the by-law. There are no anticipated negative impacts to surrounding land uses. The footprint of the detached dwelling appears to adhere in terms of scale and residential use of the subject lands. It does not significantly alter the use of the land. 6.17 It is Staff's opinion that the proposal is minor in nature as it does not significantly change the use of the land and it is a slight increase to the permitted provisions of the zoning by-law to allow for extra storage space. Municipality of Clarington Committee of Adjustment Page 9 A2022-0044 — A2022-0045 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 applications A2022- 0044 and A2022-0045 for a minor variance to Section 12.4.32 c) ii) and 12.4.32 d) i). of Zoning By-law 84-63 to facilitate the construction of a single-family dwelling by reducing the interior side yard set back from 1.5 meters to 1.2 meters and to increase lot coverage of each dwelling from 30% to 34%, subject to the following conditions: i. That the proposal maintains a minimum of 30% soft landscaped open space in the front yard. ii. That at minimum, one tree is planted in each front yard. ; � Submitted by: ' ��'��-�� -��,;� Amanda Tapp, Acting Manager, Development Review Branch Staff Contact: Tyler Robichaud Interested Parties: The following interested parties will be notified of Committee's decision: Geoff Ellis Nicole Mountain