HomeMy WebLinkAboutComments A2023-0013 (Exterior) - April 5thClar_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: April 5, 2023
1;1ra►h.T ,,1:W"i91
Address: Fostercreek Northwest Subdivision (Exterior Lots), Newcastle
Report Subject: A minor variance to permit the construction of single detached dwellings
on 6 exterior lots within the Fostercreek Northwest Subdivision by:
increasing the driveway width from 4.6 meters to 5.8 meters.
Recommendations:
1. That the Report for Minor Variance A2023-0013 be received.
2. That all written comments and verbal submissions are considered in the deliberation
of this application.
That application A2023-0013 for a minor variance to section 13.4.71(f) of Zoning By-
law 84-63, to facilitate the construction of single detached dwellings on 6 exterior lots
within the Fostercreek Northwest Subdivision by: increasing the driveway width from
4.6 meters to 5.8 meters 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 Durham Region Official Plan, Clarington Official Plan; and Zoning By-
law 84-63.
3. That all interested parties listed in this report be forwarded a copy of Committee's
decision.
Municipality of Clarington
Committee of Adjustment Page 2
A2023-0008
1. Application Details
1.1 Owner Howard Li - Plainview Heights Property Ltd.
1.2 Applicant: Michael Fry — D.G. Biddle and Associates Ltd.
1.3 Proposal Minor variance to section 13.4.71(f) of Zoning By-law 84-63,
to facilitate the construction of single detached dwellings on
6 exterior lots within the Fostercreek Northwest Subdivision
by: increasing the driveway width from 4.6 meters to 5.8
meters.
1.4 Area of Lot: N/A
1.5 Location: Fostercreek Northwest Subdivision (Exterior Lots),
Newcastle (Figure 1)
1.6 Legal Description: Lots 8, 22, 49, 50, 78, and 165 of Plan 40M-2741
1.7 Zoning:
1.8 Clarington Official
Plan Designation:
1.9 Durham Region
Official Plan
Designation:
1.10 Heritage Status
Urban Residential Exception (R2-71) Zone
Urban Residential
Living Areas
None
Municipality of Clarington
Committee of Adjustment
A2023-0008
W.
Property Location Map
(Newcastle)
N
W'
E
-Area Subject To Minor Variance s
Fostercreek Northwest Subdivision
(Exterior Lots)
A2023-00 13
Figure 1 — Location Map
Page 3
Municipality of Clarington
Committee of Adjustment Page 4
A2023-0008
2. Background
2.1 On September 17t", 2018, a Re -Zoning and Draft Plan of Subdivision application
(ZBA2017-0007 & S-C-2017-0005) was brought forward and approved by Clarington
Council. The re -zoning application was to re -zone the lands from "Agricultural Exception
(A-1)" to appropriate zones to permit the proposed draft plan of subdivision with its
varied dwelling types and frontages. The draft plan of subdivision was for 297 single
detached dwellings, 92 street townhouse dwellings, and 105-unit block townhouse
development in Newcastle.
2.2 On March 1st, 2023 Planning Staff received an application for a Minor Variance from the
applicant Michael Fry of D.G. Biddle and Associates Ltd, acting on behalf of the owner.
The applicant is seeking to facilitate the construction of single detached dwellings on 6
exterior lots within the Fostercreek Northwest Subdivision (S-C-2017-0005) by
increasing the driveway width from 4.6 meters to 5.8 meters.
2.3 The lots subject to this Minor Variance are shown on Figure 1.
3. Land Characteristics and Surrounding Uses
3.1 The 6 exterior lots are located within the Fostercreek Northwest Subdivision in
Newcastle. The subdivision is located south of Highway 35/115, north of Regional
Highway 2, and west of Rudell Road (Figure 2). The subdivision area is approximately
28.59 hectares (70.65 acres) with frontages for the 6 lots ranging from 14.94 meters to
17 meters and an approximate depth ranging from 30.5 meters to 31.75 meters.
3.2 The surrounding uses are as follows:
• North - Highway 35/115 and beyond, agricultural and rural residential.
• South - Regional Highway 2 and beyond, Newcastle Fire Station (No. 2), several
residences, and Community Park with Recreation Centre.
• East - Rudell Road and beyond, urban residential and vacant, near future urban
residential.
• West - Wilmot Creek Valleylands
Municipality of Clarington
Committee of Adjustment
A2023-0008
r
E�
w �
1
_ c
_ Imnei.L:reSCent` Ffa +4wen 0 �`._ '_
7
- Regianal'Highway 2
Page 5
Figure 2 - Subject Lands 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 from
the subdivision limits.
4.2 At the time of writing this report Staff have not received any public inquiries regarding
the proposed minor variances.
5. Departmental Comments
5.1 The Development Engineering Division of Planning & Infrastructure Services
Department has reviewed the proposal and has no objections.
5.2 The Building Division of the Planning & Infrastructure Services Department has
reviewed the proposal and has no objections.
Municipality of Clarington
Committee of Adjustment
A2023-0008
Page 6
5.3 Clarington Fire and Emergency Services Department has reviewed the proposal and
has no objections.
6. Discussion
Conformity with the intent and purpose of the Regional and Clarington Official Plans
6.1 The subject properties are 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. In both the
Regional and Clarington Official Plan residential uses are permitted, as well as attached
garages, and associated accessory structures.
6.3 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
6.4 Within the Comprehensive Zoning By-law 84-63, the subject properties are currently
zoned Urban Residential Exception (R2-71) Zone which permits a single detached
dwelling and associated accessory structures.
6.5 The R2-71 Zone currently requires a driveway width of 4.6 meters. The intent and
purpose of limiting the driveway width is to ensure that the front yard is not
predominantly asphalt and the required 30% landscaped open space area is
maintained.
6.6 Using lot 49 as an example (Figure 3) the increase in the driveway from 4.6 to 5.8
meters maintains the minimum required landscaped open space area of 30% since the
lot frontages range from 14.94 metres to 17 metres. Given the larger lot frontages, the
landscape open space in the front yard is at least 38%, as seen in green on Figure 3. In
addition, the landscaped open space in the front yard will be enhanced by the exterior
side yard landscaped open space area.
6.7 It is in staff's opinion that the proposed increase in driveway width is in keeping with the
with the intent of the zoning by-law and when the subdivision is built the variance 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 Zoning By -Law 84-
63.
Municipality of Clarington
Committee of Adjustment
A2023-0008
Page 7
4,60
4�s0
INFORMATION
-LOT22 R2-71
1,
ZONING
HEIGHT
(10.50m max.) 10.40m
y
BUILDING
SA 100.53
ISAN 1 0.85
PORCH
HEIGHT
(1.0m max.) 0.96m
ST 10C D
�
+�
AVENUE
10 37
PROPOSED
PROPOSED
loePs rvor
LOT
COVERAGE
wcwoe Poxcpl
AREA 171.59m
(40% max.) 171.59m2 (37.16%)
0
_
-'NO
,
0 0 o
<
VP3
It is the builtlaYs complete responslbllly to
that all planes bmittetl for approval
fully mopplbl the ArchlteCural Guitlelinea
W ol,re
a € u
'
{
and all e regulations an s regwre.rz
applica_bl
Ina.i�9�divisonegie�®mantlany� on1ml
A 101.06
SAN 100.62�
nm 4bCi a I. m c ntml
T 101.10
N1
STM 100.64
eramnn�t.snotresponeieieloninyiaasto:
p or appreelnp si alp
borilt, bra -a even respea to anyzonlrl�a
Idfiing was n. P_L matter nr mal
h.. , can be Pmpndl bLtur muetea units loTrtist
o
®�
Is to certify tnat these plans compl y
whin t heapplicable Architectural Oeslgn
1 fi1 ,p
103.43 103.34
Guidelines approved by the
Gui
Munidpality of Clarington.
103.52
�
N
A J
a�A
es@
w
u S a
4._9&
10 85
103.8
103.79 SR
a N
- -
- 104.59
N
I I
I I I
O.fi5 0.
104.74
4.23
>
NOTE?
v,
--�
(-3R) fir--
FINAL TREE NUMB FRS AND LOCA71OMS 70 BE
lul
DETERMINFDBYTHFMUNICI PALITY. TREES
10.26 NO 000
TO BE STAKED INFIELD BY THE MUNICIPALITY
2R
Q
PRIOR TO PLANTING
03.97 2R 103.98
A*
j-yl;1
4 03
p4, �5
104 36
I-
-- f
OAKSHIRE 7
A W n�
40-7 ELEV. 0 UPG.
O
.23
1 25 n s/e.
FF 105.31
G
TFW 104.96
BF 102
OF 102.41
ram„ N
,c
)UT NT
IJFR=101.22
0
i9 �o
WALK -OUT 1 R
BASFMENT ♦
- _ _
` /
w N o
O
m�
102.49 z.{:1.5
MESA(
a o
N N
soI A
x
I , I
I I I
1 q
o
4; RYU
�
Q
��
W
F
i
22
I 0 �,
01 ss
INV10212 INV 10214 HP 102.29
nZ;i oxo R>
8% HP 102.44
_ �.
3.47 m_
7 102.27 a 1 D2.29 l4.94 I
RYU
49
F°m
A
MBE-9 9
�-
I ❑m
N
HP 101.93
1.
N
I
101.so
HP s
o
�
rn
1
I
N
102.08
4
3R IL
FF 102.58
0
Figure 3 - Draft Sitting Plan (Lot 49)
Desirable for the appropriate development or use of the land, building or structure.
6.8 The subject properties are located within an approved draft plan of subdivision
(Fostercreek Northwest) that is currently under construction.
6.9 The applicant is not proposing any changes that would alter the approved draft plan of
subdivision or streetscape of the neighbourhood, and the dominant development within
Municipality of Clarington
Committee of Adjustment
A2023-0008
Page 8
the subdivision is still single detached dwellings with single car door garages and 4.6-
meter width driveways.
6.10 In staff's opinion, the proposed minor variance does not significantly alter or have any
adverse effects to the lots themselves or surrounding properties and is appropriate for
the use of the land, and building.
Minor in Nature
6.11 The 6 exterior lots are located within the Fostercreek Northwest subdivision (S-C-2017-
0005). The lots are within a registered plan of subdivision, but development has not
begun for the proposed lots. If the variance is approved, the 6 exterior lots will still
conform to the other provisions in the R2-71 Zone.
6.12 For the above stated reasons, it is staff's opinion that increasing the driveway width from
4.6 meters to 5.8 meters 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 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 recommend approval of the subject application for a
Minor Variance to section 13.4.71(f) of Zoning By-law 84-63, to facilitate the
construction of single detached dwellings on 6 exterior lots within the Fostercreek
Northwest Subdivision by: increasing the driveway width from 4.6 meters to 5.8 meters.
Submitted by:
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:
0 Michael Fry