HomeMy WebLinkAboutA2023-0012 Comments - Mar 30 2023Clar_Wgton
Planning and Infrastructure Services
Committee of Adjustment
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Date of Meeting: March 30, 2023
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Address: 424 Northglen Boulevard, Bowmanville
Report Subject: A minor variance to permit the use of a temporary sales office in an Urban
Residential Exception (R2-54) Zone for a period of 6 months from the date
the minor variance is approved.
Recommendations:
1. That the Report for Minor Variance A2023-0012 be received.
2. That all written comments and verbal submissions are considered in the deliberation
of this application.
That application A2023-0012 for a minor variance to section 3.26(b) of Zoning By-
law 84-63 to permit the use of a temporary sales office in an Urban Residential
Exception (R2-54) Zone for a period of 6 months from the date the minor variance is
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 Durham Region
Official Plan, Clarington Official Plan; and Zoning By-law 84-63 subject to the
following condition:
i. That the temporary sales office operates by appointment only to limit street
parking and ensure that parking is confined to the subject property's
driveway.
3. That all interested parties listed in this report be forwarded a copy of Committee's
decision.
Municipality of Clarington
Committee of Adjustment
A2023-0012
1. Application Details
1.1 Owner/Applicant: Scott Jeffery — Jeffery Homes
Page 2
1.2 Proposal Minor variance to section 3.26(b) of Zoning By-law 84-63 to
permit the use of a temporary sales office in an Urban
Residential Exception (R2-54) Zone for a period of 6 months
from the date the minor variance is approved.
1.3 Area of Lot: 563.60 square meters.
1.4 Location: 424 Northglen Boulevard (Figure 1)
1.5 Legal Description: Part of Lot 16, Plan 40M-2628
1.6 Zoning:
1.7 Clarington Official
Plan Designation:
1.8 Durham Region
Official Plan
Designation:
1.9 Heritage Status
Urban Residential Exception (R2-54) Zone
Urban Residential
Living Areas
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Municipality of Clarington
Committee of Adjustment
A2023-0012
2. Background
Page 3
2.1 On August 811, 2019 the subdivision agreement (Plan 40M-2628) was registered with
the Land Registry Office to permit Phase 1 of the Northglen East subdivision. Section
3.3(b) of that agreement notes that a temporary sales office is permitted within the
subdivision lands, in this case on lot 16 of the plan, now municipally known as 424
Northglen Boulevard.
2.2 On March 15t", 2023 Clarington's Municipal Law Enforcement Division received a
complaint that the property located at 424 Northglen Boulevard was intending to
continue to operate as a sales office. The complaint prompted the applicant (Scott
Jeffery of Jeffery Homes) to apply for a minor variance to vary section 3.26(b) of Zoning
By -Law 84-63.
2.3 On March 7t", 2023 Planning Staff received an application for a minor variance from the
owner and applicant of the property, Scott Jeffery of Jeffery Homes. The applicant is
seeking to permit the continued use of a temporary sales office in an Urban Residential
Exception (R2-54) Zone for a period of 6 months from the date the minor variance is
approved. The variance is looking to allow the temporary sales office to be located on
lands outside the draft approved plan as the office is now primarily focused on sales in
other local area Municipalities. In addition, if approved, the temporary sales office is only
to continue operation for a period of 6 months from the date the minor variance is
approved.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 424 Northglen Boulevard, which is on the north-east
corner of Northglen Boulevard and Concession Road 3 in Bowmanville. The corner lot
has an area of approximately 563.60 meters square, an approximate lot frontage of 12
meters along Northglen Boulevard and a depth of 31 meters (Figure 1).
3.2 The surrounding uses to the north, west, and south of the subject property is an already
existing subdivision, with Bowmanville Baptist Church abutting the property to the east.
Municipality of Clarington
Committee of Adjustment
A2023-0012
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Figure 1 - Subject Property and Surrounding Context
4. Public Notice and Submissions
Page 4
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 received two written submissions in
opposition to the variance stating concern with: traffic congestion in the area,
parking, lack of benefit to the municipality, safety, street parking that creates visibility
issues, accessibility concerns with the temporary sales office, and school buses
using the intersection as a drop off point. Staff have addressed public concerns in
section 6.15 to 6.17 of this report.
5. Departmental Comments
5.1 The Development Engineering Division of the Planning and Infrastructure Services
Department has reviewed the proposal and has no objections to the proposal.
5.2 The Building Division of the Planning and Infrastructure Services Department has
reviewed the proposal and has no objections to the proposal.
Municipality of Clarington
Committee of Adjustment
A2023-0012
Page 5
5.3 Clarington Fire and Emergency Services Department has reviewed the proposal and
has no objections to the 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 Durham Region Official
Plan and "Urban Residential" within the Clarington Official Plan.
6.2 Both designations are primarily intended to be used for housing purposes. Other uses
may be permitted which by the nature of their activity, scale and design, and location
are supportive of, and compatible with, residential uses.
6.3 The temporary sales office at 424 Northglen Boulevard has been operating as such for
approximately 3 years out of a model home within the Northglen East subdivision. The
model home is a single detached dwelling and was built to fit the characteristics of the
surrounding neighbourhood in terms of scale and design and is therefore compatible
with surrounding residential uses.
6.4 It is staff's opinion that the application conforms to the intent and purpose of both the
Regional and Clarington Official Plans.
Conformity with the intent and purpose of the Zoning by-law
6.5 Within Comprehensive Zoning By-law 84-63, the subject property is currently zoned
Urban Residential Exception (R2-54) Zone which permits a single detached dwelling,
associated accessory structures, and home occupations. The temporary sales office is
located within a single detached dwelling model home.
6.6 Section 3.26 of the Zoning By -Law speaks to the provisions and standards for
temporary sales offices and model homes. As the temporary sales office was permitted
as part of the draft approved plan of subdivision (Plan 40M-2628) the provisions and
standards in 3.26(a) have been met.
6.7 The applicant is seeking to vary section 3.26(b) which currently states that a temporary
sales office for a draft approved subdivision or condominium plan may be located on
lands within the draft approved plan. The applicant is seeking to vary this section to
allow the temporary sales office to be located on lands outside of the draft approved
plan for a period of 6 months after the variance is approved.
6.8 Section 3.26(c) of the Zoning By -Law states that a minimum of eight parking spaces
shall be provided for a model home or a temporary sales office. To rectify this deficiency
the applicant has agreed that the temporary sales office will operate on an appointment
only basis to limit street parking and confine the parking to the driveway of 424
Northglen Boulevard.
Municipality of Clarington
Committee of Adjustment
A2023-0012
Page 6
6.9 It is in staff's opinion that allowing the temporary sales office to continue to operate for a
period of 6 months from the date this variance is approved on an appointment only
basis is in keeping with the current use of the property and will have minimal impacts on
the surrounding neighbourhood. For the above reasons, it is in staff's opinion that the
proposal maintains the intent and purpose of the Zoning By -Law.
Desirable for the appropriate development or use of the land, building or structure.
6.10 The subject property, 424 Northglen Boulevard is a model home and has operated as a
temporary sales office for approximately 3 years on the subject property.
6.11 The applicant is not proposing any changes to the model home or property. The only
change would be that the temporary sales office be able to sell properties outside of the
draft approved plan of subdivision for a period of 6 months after the variance is
approved.
6.12 In staff's opinion, that the proposed minor variance does not significantly alter or have
any adverse effects to the lot itself or surrounding properties and is appropriate for the
use of the land, and building.
Minor in Nature
6.13 The subject property, 424 Northglen Boulevard has been continuously operating as a
temporary sales office out of a model home for approximately 3 years. The model home
was designed to be in keeping with the surrounding neighbourhood characteristics and
to meet the provisions and standards of the Urban Residential Exception (R2-54) Zone.
6.14 For the above stated reasons, it is staff's opinion that the continued use of the subject
property as a temporary sales office for a period of 6 months from the date this minor
variance is approved is minor in nature.
Addressing Public Concerns
6.15 To address public concerns with traffic congestion in the area, parking, street parking
that creates visibility issues, safety, and school buses using the intersection as a drop
off point staff have added in a condition to the variance, that, should it be approved the
temporary sales office will operate by appointment only to limit street parking and
ensure that parking is confined to the subject property's driveway. This will decrease
traffic congestion, prevent on street parking, and provide more safety for children getting
on and off buses at that intersection.
6.16 In regard to the concern for the lack of benefit for the Municipality, it is not uncommon
for a business to benefit neighbouring municipalities, it is also not uncommon for
temporary sales offices to sell homes outside of the subdivision in which they are
located. In this case specifically, the occupancy occurred faster in the Northglen East
subdivision than anticipated. Staff are comfortable with the temporary sales office
Municipality of Clarington
Committee of Adjustment
A2023-0012
Page 7
continuing to exist for an additional 6 months while Jeffery Homes looks to relocate the
temporary sales office.
6.17 In terms of accessibility, as the office will be operating on an appointment only basis
and not freely open to the public, accommodations for accessibility can be made on an
appointment -by -appointment bases and the temporary sales office employees will work
to accommodate each need.
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 Clarington 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 a
minor variance to section 3.26(b) of Zoning By -Law 84-63 to permit the use of a
temporary sales office in an Urban Residential Exception (R2-54) Zone for a period of 6
months from the date the minor variance is approved subject to the following condition:
1. That the temporary sales office operates by appointment only to limit street parking
and ensure that parking is confined to the subject property's driveway.
Submitted by: J
A
Amanda Tapp, Manager
Development Review Division
Staff Contact: Sarah Parish, Senior Planner, (905) 623-3379 x2432 or sparish _clarington.net.
Interested Parties:
The following interested parties will be notified of Committee's decision:
Scott Jeffery
Brandon Stanway
Carol and Donald Hart