HomeMy WebLinkAboutComments A2023-0008 (Interior) - April 5thClar_Wgton
Planning and Infrastructure Services
Committee of Adjustment
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Date of Meeting: April 5, 2023
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Address: Fostercreek Northwest Subdivision (Interior Lots), Newcastle
Report Subject: A minor variance to permit the construction of single detached dwellings
on 14 interior lots within the Fostercreek Northwest Subdivision by:
increasing the driveway width from 4.6 meters to 5.8 meters; and by
increasing the outside width of the garage from a maximum of 45% of the
width of the lot to a maximum of 52%.
Recommendations:
1. That the Report for Minor Variance A2023-0008 be received.
2. That all written comments and verbal submissions are considered in the deliberation
of this application.
That application A2023-0008 for a minor variance to section 13.4.71(f) and section
13.4.71(h)(ii) of Zoning By-law 84-63, to facilitate the construction of single detached
dwellings on 14 interior lots within the Fostercreek Northwest Subdivision by:
increasing the driveway width from 4.6 meters to 5.8 meters; and by increasing the
outside width of the garage from a maximum of 45% of the width of the lot to a
maximum of 52% 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
subject to the following condition:
That the applicant provide a revised Utilities Coordination Plan for lots 9 and
10 of the approved draft plan of subdivision.
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) and section
13.4.71(h)(ii) of Zoning By-law 84-63, to facilitate the
construction of single detached dwellings on 14 interior lots
within the Fostercreek Northwest Subdivision by: increasing
the driveway width from 4.6 meters to 5.8 meters; and by
increasing the outside width of the garage from a maximum
of 45% of the width of the lot to a maximum of 52%.
1.4 Area of Lot: N/A
1.5 Location: Fostercreek Northwest Subdivision (Interior Lots), Newcastle
(Figure 1)
1.6 Legal Description: Lots 9, 10, 23, 24, 47, 48, 51, 52, 53, 54, 76, 77, 163, and
164 of Plan 40M-2741
1.7 Zoning: Urban Residential Exception (R2-71) Zone
1.8 Clarington Official Urban Residential
Plan Designation:
1.9 Durham Region Living Areas
Official Plan
Designation:
1.10 Heritage Status: None
Municipality of Clarington
Committee of Adjustment
A2023-0008
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 14
interior lots within the Fostercreek Northwest Subdivision by increasing the driveway
width from 4.6 meters to 5.8 meters; and by increasing the outside width of the garage
from a maximum of 45% of the width of the lot to a maximum of 52%.
2.3 The lots subject to this Minor Variance are shown on Figure 1.
2.4 The conditions of this minor variance application state that the applicant will:
Provide a revised Utilities Coordination Plan for lots 9 and 10 of the approved draft
plan of subdivision.
3. Land Characteristics and Surrounding Uses
3.1 The 14 interior 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 14 lots being 11.30 meters with 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
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 subject to the following
condition: that the applicant provide a revised Utilities Coordination Plan for lots 9 and
Municipality of Clarington
Committee of Adjustment
A2023-0008
Page 6
10 of the approved draft plan of subdivision to ensure the wider driveways do not
conflict with utilities.
5.2 The Building Division of the Planning & Infrastructure Services Department has
reviewed the proposal and has no objections.
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 and the outside width
of the garage to be a maximum of 45% of the width of the lot. The intent and purpose of
limiting the driveway width and outside width of the garage relative to the lot frontage is
to ensure the front yard and overall streetscape is not visually dominated by parked
vehicles and garages on smaller sized lots.
6.6 Lots within the Fostercreek Northwest subdivision are primarily single detached. As
seen in Figure 3, the lots shown in yellow are single detached dwellings with single car
door garages, the lots shown in pink are single detached dwellings with two car door
garages, and the lots that are yellow with hatching are the proposed lots subject to this
application. Should this variance be approved they will be single detached dwellings
with two car door garages and wider driveways to accommodate access to the garages.
6.7 The total percentage of two car door garages ranges from 21-50% on each block where
the variances are proposed on the 14 interior lots (Figure 3). Given this, the dominant
form of structure is still single detached dwellings with single car door garages as was
approved by Council for this subdivision. In addition, this means the streetscape will not
be dominated by single detached dwellings with two car door garages. Each of the 14
Municipality of Clarington
Committee of Adjustment Page 7
A2023-0008
lots being varied also have frontages of 11.30 meters which is slightly larger than the 10
meter lots and can therefore accommodate both variances without overtaking the
streetscape.
6.8 It is in staff's opinion that the proposed increase in driveway width and outside width of
the garage is in keeping with the current proposed use of the property and when the
subdivision is built the variances 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.
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Municipality of Clarington
Committee of Adjustment
A2023-0008
Page 8
Desirable for the appropriate development or use of the land, building or structure.
6.9 The subject properties are located within an approved draft plan of subdivision
(Fostercreek Northwest) that is currently under construction.
6.10 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
the subdivision is still single detached dwellings with single car door garages.
6.11 In staff's opinion, the proposed minor variances do 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
6.12 The 14 interior 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 14 varied interior lots will
still conform to the other provisions in the R2-71 Zone.
6.13 For the above stated reasons, it is staff's opinion that increasing the driveway width from
4.6 meters to 5.8 meters; and increasing the outside width of the garage from a
maximum of 45% of the width of the lot to a maximum of 52% 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) and section 13.4.71(h)(ii) of Zoning By-law 84-63,
to permit the construction of single detached dwellings on 14 interior lots within the
Fostercreek Northwest Subdivision by: increasing the driveway width from 4.6 meters to
5.8 meters; and by increasing the outside width of the garage from a maximum of 45%
of the width of the lot to a maximum of 52% subject to the following condition:
That the applicant will provide a revised Utilities Coordination Plan for lots 9 and
10 of the approved draft plan of subdivision.
Municipality of Clarington
Committee of Adjustment
A2023-0008
Submitted by:
Amanda Tapp, Manager
Development Review Division
Page 9
Staff Contact: Sarah Parish, Senior Planner, (905) 623-3379 x2432 or sparish(a)-clarington.net.
Interested Parties:
The following interested parties will be notified of Committee's decision:
• Michael Fry
• Howard Li