HomeMy WebLinkAboutComments A2023-0014 96 Ontario Street-Apr 5Clar_Wgton
Planning and Infrastructure Services
Committee of Adjustment
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Date of Meeting: April 5, 2023
File Numbers: A2023-0014
Address: 96 Ontario Street, Bowmanville
Report Subject: Minor variances to facilitate a land division application (LD2021/046) by
reducing the minimum required interior side yard setback for dwellings
greater than 1.5 storeys from 1.8 metres to 0.06 metres, reducing the rear
yard setback to the dwelling from 7.5 metres to 6.5 metres and by
increasing the rear yard deck projection from 1.5 metres to 4.3 metres
leaving a 3.2 metre setback.
Recommendations:
1. That the Report for Minor Variance Applications A2023-0014 be received.
2. That all written comments and verbal submissions were considered in the
deliberation of this application.
3. That application A2023-0014 for minor variances to Sections 12.2.1. b. ii) c), 12.2. d)
iv) and 3.1 g. iv) within Zoning By-law 84-63 to facilitate a Land Division application
(LD2021/046) by reducing the minimum required interior side yard setback for
dwellings greater than 1.5 storeys from 1.8 metres to 0.06 metres, reducing the rear
yard setback to the dwelling from 7.5 metres to 6.5 metres and by increasing the
rear yard deck projection from 1.5 metres to 4.3 metres leaving a 3.2 metre setback
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
4. That all interested parties listed in this report be forwarded a copy of Committee's
decision.
Municipality of Clarington
Committee of Adjustment A2023-014
1.
1.1
1.2
Application Details
Owner/Applicant Ryan Carr
Page 2
Proposal Minor variances to facilitate a land division application
(LD2021/046) by reducing the minimum required interior side
yard setback for dwellings greater than 1.5 storeys from 1.8
metres to 0.06 metres, reducing the rear yard setback to the
dwelling from 7.5 metres to 6.5 metres and by increasing the
rear yard deck projection from 1.5 metres to 4.3 metres leaving
a 3.2 metre setback.
1.3 Area of Proposed Lots: Total lot area (Retained): 460 square metres.
1.4 Location: 96 Ontario, Street, Bowmanville (see Figure 2)
1.5 Legal Description: Part Lot 11, Concession 1, Former Township of Darlington
1.6 Zoning: "Urban Residential Type One (R1)" (Neighbourhood Character
Overlay) in Zoning By-law 84-63
1.7 Clarington Official Plan Urban Residential
Designation:
1.8 Durham Region Living Areas
Official Plan
Designation:
1.9 Heritage Status: Secondary on the Municipality's Heritage Inventory
Municipality of Clarington
Committee of Adjustment A2023-0014
2. Background
Page 3
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. A previous Minor Variance application was heard and conditionally approved
(A2023-0009 and A2023-0010) 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 components of the existing non -complying dwelling on the retained parcel
into conformity with the provisions within the by-law.
2.3 The circulation notice for the aforementioned Minor Variances indicated in the purpose
an interior lot line variance from 1.8 metres to 0.6 metres for the existing dwelling.
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. Two additional
variances are captured in this application; one for the rear yard setback to the dwelling
and the deck projection into the rear yard (See Figure 3).
J
Figure 1 - Land Division Lot Configuration
Municipality of Clarington
Committee of Adjustment A2023-0014 Page 4
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).
3.2 The surrounding uses to the north, east, south, and west are existing low -density urban
residential.
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Figure 2 - Property Location
Municipality of Clarington
Committee of Adjustment A2023-0014 Page 5
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.
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 new developments.
6.5 The subject property requires a minimum rear yard setback of 7.5 metres and allows
decks and other structures to project into this setback up to 1.5 metres leaving a
setback of 6 metres. The intent and purpose of allowing (but limiting) decks and other
structures to project into required yard setbacks is to ensure sufficient rear yard amenity
space and to provide adequate separation between the dwelling and the rear yard
amenity space of an abutting property.
Municipality of Clarington
Committee of Adjustment A2023-0014
Page 6
6.6 Section 3.19 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. There
are no proposed exterior modifications that would incidentally increase building height,
size, volume or use otherwise. Despite the existing use staying the same, and meeting
the general intent of the zoning by-law, the existing dwelling requires variances for the
setback to the new rear lot line from the dwelling and the deck's projection into the rear
yard. Additionally, a variance is required for the existing setback to the interior side yard
property line (See Figure 3).
6.8 landscaped open space and infiltration capacity will remain in its existing condition and
no concerns have been raised by neighbours regarding impacts of the existing dwelling
or deck.
6.9 It is Staff's opinion that the variances requested for the proposed rear yard setback anc
increased deck projection maintains sufficient outdoor amenity space, a sufficient rear
yard setback, and has minimal impacts on stormwater management. The interior side
yard setback has remained unaltered since the dwelling was constructed prior to the
date of the passing of this By-law. For the above stated reasons are in conformity with
the intent and purpose of the Zoning By-law It is in staff's opinion that, a. For the above
reasons, it is in staff's opinion that the proposal maintains the intent and purpose of the
Zoning By-law.
Municipality of Clarington
Committee of Adjustment A2023-0014 Page 7
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Figure 3 - Retained Parcel showing existing dwelling setbacks.
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Desirable for the appropriate development or use of the land, building or structure.
6.10 The requested variances to reduce the rear yard setback, increase the deck projection
and reduce the interior side yard setback 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 existing
residential use of the land and are in keeping with the intent of the urban residential land
use designation by maintaining a suitable urban residential sized lot and dwelling type.
This application in conjunction with A2023-0009 and A2023-0010 aide in Municipal
intensification targets with development that can be supported by existing regional
services.
Municipality of Clarington
Committee of Adiustment A2023-0014
Page 8
6.11 For the above stated reasons, it is Staff's opinion that the variances requested are
desirable for the appropriate development or use of the land and structures.
Minor in Nature
6.12 The proposed variances conform to both Official Plans and maintain the intent of the
provisions for the "Urban Residential Type One (R1)" zone and specifically the NCO
within Zoning By-law 84-63. The variances would allow the retained lands to maintain
the existing use that is consistent with lots in the existing neighbourhood. The retained
lands provide the minimum lot frontage and lot area regulations 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.
6.13 For the above stated reasons, it is Staff's opinion that the variances requested in
A2023-0014 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.
Municipality of Clarington
Committee of Adjustment A2023-0014 Page 9
7.2 Given the above comments, Staff recommends approval of the subject application for a
minor variance to Sections 12.2.1. b. ii) c), 12.2. d) iv) and 3.1 g. iv) within Zoning By-
law 84-63 to facilitate a Land Division application (LD2021/046) by reducing the
minimum required interior side yard setback for dwellings greater than 1.5 storeys from
1.8 metres to 0.06 metres, reducing the rear yard setback to the dwelling from 7.5
metres to 6.5 metres and by increasing the rear yard deck projection from 1.5 metres to
4.3 metres leaving a 3.2 metre setback
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Submitted by: _( �4
Amanda Tapp,
Manager, Development Review Division
Staff Contact: Tyler Robichaud, Planner, 905-623-3379 extension 2420 or
trobichaud6a clarington.net .
Interested Parties:
The following interested parties will be notified of Committee's decision:
Bev Bryant