HomeMy WebLinkAboutA2023-0009 and A2023-0010 Comments 96 Ontario StreetClar_Wgton
Planning and Infrastructure Services
Committee of Adjustment
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Date of Meeting: March 30, 2023
File Numbers: A2023-0009/A2023-0010
Address: 96 Ontario Street, Bowmanville
Report Subject: Minor variances to facilitate a land division application (LD2021/046) by:
1. A2023-0009: Reducing the minimum required lot area for a semi -
detached dwelling from 550 square metres to 534.6 square metres, and
by reducing the minimum required rear yard setback from 7.5 metres to 5
metres on the severed parcel; and
2. A2023-0010: Reducing the minimum required front yard setback from
the established building line from 4.2 metres to 1.31 metres and by
increasing the maximum required exterior side yard setback from the
established building line off Albert Street from 2 metres to 3.61 metres.
Recommendations:
1. That the Report for Minor Variance Applications A2023-0009 and A2023-0010 be
received.
2. That all written comments and verbal submissions were considered in the
deliberation of this application.
3. That application A2023-0009 for minor variances to Sections 12.2.a.i) and 12.2.d.iv);
within Zoning By-law 84-63 to facilitate a Land Division application (LD2021/046) by
a) Reducing the minimum required lot area for a semi - detached dwelling from
550 square metres to 534.6 square metres, and by reducing the minimum
required rear yard setback from 7.5 metres to 5 metres on the severed parcel.
4. That application A2023-0010 for minor variances to Sections 12.2.1.b.i) b) and
12.2.1.b.i) c) within Zoning By-law 84-63 to facilitate a Land Division application
(LD2021/046) by:
b) Reducing the minimum required front yard setback from the established
building line from 4.2 metres to 1.31 metres and by increasing the maximum
required exterior side yard setback from the established building line off Albert
Street from 2 metres to 3.61 metres,
Municipality of Clarington
Committee of Adjustment A2023-0009 & A2023-0010 Page 2
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
5. That all interested parties listed in this report be forwarded a copy of Committee's
decision.
Municipality of Clarington
Committee of Adjustment A2023-0009 and A2020-0010
1.
1.1
1.2
1.3
Application Details
Owner/Applicant Ryan Carr
Page 3
Proposal Minor variances to facilitate a land division application
(LD2021/046) by: 1. A2023-0009: Reducing the minimum
required lot area for a semi - detached dwelling from 550 square
metres to 534.6 square metres, and by reducing the minimum
required rear yard setback from 7.5 metres to 5 metres on the
severed parcel; and 2.
A2023-0010: Reducing the minimum required front yard setback
from the established building line from 4.2 metres to 1.31
metres and by increasing the maximum required exterior side
yard setback from the established building line off Albert Street
from 2 metres to 3.61 metres.
Area of Proposed Lots
1.4 Location:
1.5 Legal Description
1.6 Zoning:
1.7 Clarington Official Plan
Designation:
1.8 Durham Region
Official Plan
Designation:
Total lot area: 994 square metres.
• Retained: 460 square metres.
• Severed: 534 square metres
96 Ontario, Street, Bowmanville (see Figure 1)
Part Lot 11, Concession 1, Former Township of Darlington
"Urban Residential Type One (R1)" (Neighbourhood Character
Overlay) in Zoning By-law 84-63
Urban Residential
Living Areas
Municipality of Clarington
Committee of Adjustment A2023-0009 & A2023-0010 Page 4
1.9 Heritage Status: Secondary on the Municipality's Heritage Inventory
2. Background
2.1 A Land Division application (LD02021/046) was conditionally approved in April 2021, to
facilitate a severance for consent to retain a 460 square metre residential parcel of land
with an existing dwelling to remain to the east, retaining a 534 square metre residential
parcel of land (See Figure 1).
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 semi - detached dwelling on the severed
parcel and to bring the existing non -complying dwelling on the retained parcel into
conformity with the provisions within the by-law. At the building permit stage, the
application for the proposed semidetached dwelling would be reviewed architectural
control and urban design for conformity with the character of the surrounding
neighbourhood to the satisfaction of the Director of Planning and Infrastructure
Services.
2.3 The original circulation notice of the Minor Variance application indicated in the purpose
an interior lot line variance from 1.8 metres to 0.6 metres. Unfortunately, this was an
administrative error. The notice should have indicated the intent to vary the interior lot
line from 1.8 metres to 0.06 metres. As a result, this portion of the variance originally
circulated will be heard at a later date, along with two additional variances scheduled for
April 5t", 2023 (A2023-0014).
Municipality of Clarington
Committee of Adjustment A2023-0009 & A2023-0010 Page 5
Figure 1 — Severed and Retained Lands 96 Ontario Street
3. Land Characteristics
3.1 The subject property is a corner lot located at 96 Ontario Street, on the northwest corner
of Albert Street and Ontario Street in Bowmanville. The subject property is subject to the
Neighbourhood Character Overlay (See Figure 2).
Municipality of Clarington
Committee of Adjustment A2023-0009 & A2023-0010 Page 6
3.2 The surrounding uses to the north, east, south and west are existing low -density urban
residential.
Figure 3 - Property Location
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.
Municipality of Clarington
Committee of Adjustment A2023-0009 & A2023-0010 Page 7
4.2 At the time of writing this report, Staff have received one inquiry from a nearby resident
regarding the application.
5. Departmental and Agency Comments
5.1 The Development Engineering Division of Planning and Infrastructure Services has
reviewed the applications and has no objections.
5.2 The Building Division of Planning and Infrastructure Services has reviewed the
applications and has no objections.
5.3 Clarington Emergency and Fire Services Department 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.
6.3 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
6.4 The subject property is zoned "Urban Residential Type One (R1)" subject to the
provisions within Section 12.2.1 - Neighbourhood Character Overlay (NCO). The NCO
contains regulations to implement the findings of a Neighbourhood Character Study
completed in 2020 and generally will have greater impact on the design and placement
of the future semi-detached dwelling. The (R1) zone requires a minimum 15 metres of
frontage and 460 square metres lot area for a single detached dwelling lot, and 18
metres of frontage and 550 square metres lot area for a semi-detached dwelling lot.
The (R1) zone permits intensification through development of new lots and residential
dwellings subject to the provisions within the (R1) zone.
6.5 For the severed lot, the land division would result in a lot area of 534 square metres
which is deficient in lot area by 16 square metres, and a rear yard setback of 5 metres
which is deficient by 2.5 metres. The intent of lot area, lot frontage and 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 proposed semi-detached building on
the proposed lot would provide sufficient amenity space, parking areas as well as
landscaped open space. (See Figure 3).
Municipality of Clarington
Committee of Adiustment A2023-0009 & A2023-0010
Page 8
6.6 Section 3.20 within the Zoning by-law states that no person shall sever any lands from
any existing lot, if the effect of such action is to cause the original building to be in
contravention of the by-law. Alternatively, the owner is seeking variances to bring the
existing dwelling on the retained lot into conformity with the regulations within the by
law.
6.7 For the retained lot, the land division would impose a new rear lot line which would
result in the existing dwelling to no longer be considered legal non -conforming. Despite
the existing use staying the same and meeting the general intent of the zoning by-law;
the dwelling requires variances for the setback to the established front yard building line
and to vary the distance from the dwelling to the external established building line which
was established at 5 metres. There are no proposed exterior modifications that would
incidentally increase building height, size, volume or use.
6.8 For the above stated reasons, it is Staff's opinion that the applications requested in both
A2023-0009 and A2023-0010 are in conformity with the intent and purpose of the
Zoning By-law.
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Municipality of Clarington
Committee of Adjustment A2023-0009 & A2023-0010
Page 9
Desirable for the appropriate development or use of the land, building or structure
6.9 The requested variances to reduce lot area and yard setbacks in the Urban Residential
(R1) zone would facilitate a land division application by satisfying a Municipal condition
in the requirements for a clearance letter. The proposed variances maintain the
residential use of the land and are in keeping with the intent of the urban residential land
use designation by providing suitable urban residential sized lots and dwelling types.
The applications aide in Municipal intensification targets and development that can be
supported by existing regional services.
6.10 For the above stated reasons, it is Staff's opinion that the variances requested in both
A2023-0009 and A2023-0010 are desirable for the appropriate development or use of
the land and structures.
Minor in Nature
6.11 The proposed variances conform to both Official Plans and maintain the intent of the
provisions for lot area and yard setbacks in the "Urban Residential Type One (R1)" zone
and specifically the NCO within Zoning By-law 84-63. The reduced lot area of the
severed parcel does not significantly depart from the provisions of the by-law and will
allow the retained lands to maintain its existing use that is consistent with the lots in the
existing neighbourhood. The retained lands provide the minimum requirements for lot
frontage and lot area in the NCO. Notwithstanding the applicant's Land Division
application, the existing dwelling's footprint will remain unaltered and otherwise would
not have been subject to the committee of adjustment for the reduction in yard setbacks
to bring it into conformity with the zoning provisions within the (R1) zone and NCO.
6.12 For the above stated reasons, it is Staff's opinion that the applications requested in both
A2023-0009 and A2023-0010 are considered to be minor in nature.
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:
a) A2023-0009: Sections 12.2.a.i) and 12.2.d.iv) by reducing the minimum
required lot area for a semi - detached dwelling from 550 square metres to
534.6 square metres, and by reducing the minimum required rear yard
setback from 7.5 metres to 5 metres on the severed parcel ; and
Municipality of Clarington
Committee of Adjustment A2023-0009 & A2023-0010
Page 10
b) A2023-0010: Sections 12.2.1.b.i) b) and 12.2.1.b.i) c) Section 9.2 a. by
reducing the minimum required front yard setback from the established
building line from 4.2 metres to 1.31 metres and by increasing the maximum
required exterior side yard setback from the established building line off Albert
Street from 2 metres to 3.61 metres on the retained parcel .
Submitted by: �� ��`�
Amanda Tapp,
Manager, Development Review Division
Staff Contact: Tyler Robichaud, Planner, 905-623-3379 extension 2420 or
trobichaud(c�clarington.net .
Interested Parties:
The following interested parties will be notified of Committee's decision:
Bev Bryant