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HomeMy WebLinkAboutA2023-0009 and A2023-0010 Comments 96 Ontario StreetClar_Wgton Planning and Infrastructure 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: 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