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HomeMy WebLinkAboutComments A2023-0021 58 Mill Street April 27Clar_Wgton Planning and Development 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 27, 2023 ;H r_3 ki F ii1 Address: 58 Mill Street, Newcastle Report Subject: Minor variances to facilitate the construction of a single detached that contains two additional units by reducing the minimum permitted exterior side yard setback from 6m to 4.4m, by reducing the minimum required rear yard setback from 7.5m to 1.5m, and by increasing the exterior side yard projection for two porches from 1.5m to 2.65m, leaving an exterior side vard setback of 3.35m. Recommendations: 1. That the Report for Minor Variance Application A2023-0021 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2023-0021 for minor variances to Section 13.2.c.ii), Section 13.2.c.iv), and Section 3.1.g.iv) of Zoning By-law 84-63, to facilitate the construction of a single detached dwelling that contains two additional units by reducing the minimum required exterior side yard setback from 6m to 4.4m, by reducing the minimum required rear yard setback from 7.5m to 1.5m, and by increasing the exterior side yard projection for two porches from 1.5m to 2.65m, leaving an exterior side yard setback of 3.35m be approved subject to the follow conditions: That a minimum of 0.9 metres of green space is required between the west property line abutting 18 Emily Street and the driveway to ensure that a swale can be constructed to municipal standards for drainage purposes; Municipality of Clarington Committee of Adjustment A2023-0021 Page 2 That a minimum of 0.9 metres of green space is required between the driveway and the north property line and the walkway to ensure that a swale can be constructed to municipal standards for drainage purposes; and iii. That the existing 2 mature trees such as the one near the corner of Emily Street and Mill Street South, and the tree along the fence in the rear yard, remain post -construction, however if the trees are removed at the time of building occupancy being granted, then 2 new deciduous trees shall be replanted; 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 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. 1. Application Details 1.1 Owner/Applicant: Zak Marchant/Clinton Dochuk 1.2 Proposal: To facilitate the construction of a single detached dwelling that contains two additional units by reducing the minimum required exterior side yard setback from 6m to 4.4m, by reducing the minimum required rear yard setback from 7.5m to 1.5m, and by increasing the exterior side yard projection for two porches from 1.5m to 2.65m, leaving an exterior side yard setback of 3.35m. 1.3 Area of Lot: 467m2 1.4 Location: 58 Mill Street South, Newcastle (see Figure 1) 1.5 Legal Description: Part Lot 28, Concession 1, Former Township of Newcastle 1.6 Zoning: "Urban Residential Type Two (R2)" Zone in Zoning By-law 84- 63 Municipality of Clarington Committee of Adjustment A2023-0021 1.7 Clarington Official Plan Designation: 1.8 Durham Region Official Plan Designation: Village Centre Regional Centre 1.9 Heritage Status: Merit Page 3 Municipality of Clarington Committee of Adjustment A2023-0021 87 x 61 58 = 8178 51J�_�64 O 59 IL 56 59Lvr: 68 Z 49 39 34 z9 �j ar N WW ♦Y N 47 26 4 J W 20 m ` o M o � ti a o�m o v Cq * 04 � v� u� W co o �. o m 14 v Q m K1NG AVENUE WEST KING AVENUE EAST 16 W W W H 38 Z 56 _ Q 68 m 76 86 100 116 126 140 _ LOT: 29 CON: 1 152 160 EMILY ST W LOT: ze CON: 1 84 =�N� 89 LUW 1089 1 98 N 113 1�102 1D99 108 1 1133 11122 127 8 = J 141 4 136 CAROLINE ST W 1162 1165 164 1181 182 1188 Property Location Map (Newcastle) - Area Subject To Minor Variance 58 Mill Street South A2023-0027 EMILY ST E 83 N 1 82 9-� 92 99 - - 107 106 119 118 133 CAROLINE ST E 159 C14 160 175 172 T H O 1n W W H Ix - W 7 87 aW M 107 115 127 139 151 165 �181 I — k4vb�i.. tiv� .m xeinv�=n aem bewmanmlle tl© NpwSaS�l! �e Cz`�- ,� Figure 1 — Location Map Page 4 Municipality of Clarington Committee of Adjustment A2023-0021 Page 5 2. Background 2.1 On March 28, 2023, Planning Staff received an application for Minor Variances from the agent representing the owner of 58 Mill Street South, Newcastle. The application seeks to facilitate the construction of a single detached dwelling that contains two additional units by reducing the minimum required exterior side yard setback from 6m to 4.4m, by reducing the minimum required rear yard setback from 7.5m to 1.5m, and by increasing the exterior side yard projection for two porches from 1.5m to 2.65m, leaving an exterior side yard setback of 3.35m (see Figure 2). The existing single detached dwelling and detached accessory structure are proposed to be demolished and replaced with a new single detached dwelling. There is no plan at this time to build a new accessory structure. Municipality of Clarington Committee of Adjustment A2023-0021 Page 6 Figure 2 — Proposed Site Plan and the yellow rectangle indicates 0.9 metre green space separation to remain, to ensure a swale can be constructed to municipal standards. 3. Land Characteristics and Surrounding Uses 3.1 The subject site is located at 58 Mill Street South in Newcastle, at the north-west corner of Emily Street and Mill Street South. The subject site is part of the Newcastle Village Centre Secondary Plan area. The existing use on the subject site is a one -storey single detached dwelling fronting Mill Street South, and a detached garage fronting Emily Street. 3.2 The surrounding uses to the north Emily Street at Mill Stret include low density residential and general commercial uses. To the west are residential uses in the form of single detached dwellings, to the south is Newcastle United Church, and to the east towards Beaver Street at Emily Stret include similar residential uses in similar dwelling types, and general commercial buildings (see Figure 3). I It Figure 3 — Surrounding properties and land uses (highlighted in blue is 58 Mill Street South). Municipality of Clarington Committee of Adjustment A2023-0021 Page 7 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 site. In addition, a public notice was mailed to each landowner within 60m of the subject site. 4.2 Staff received one letter of concern for this application. The concerns raised related to reduced sunlight to the neighbouring properties and privacy concerns with the height of the single detached dwelling being moved closer to the rear lot line. 5. Departmental and Agency Comments 5.1 The Development Engineering Division of Planning & Infrastructure Services has reviewed the proposal and requires that a minimum of 0.9 metres of green space is between the west property line and the driveway and the north property line and the walkway to ensure that a swale can be constructed to municipal standards for drainage purposes (see Figure 2). 5.2 The Building Division of Planning and Infrastructure Services have no concerns related to this proposal. 5.3 Clarington Emergency and Fire Services Department have no concerns with this proposal. 5.4 The Community Planning Division of Planning and Infrastructure identifies the subject site as having Heritage Merit on Clarington's Cultural Heritage Resources List and is subject to the Celebrating our Cultural Heritage policies in Section 8 of the Clarington Official Plan. Any proposed development should conserve and enhance the cultural heritage resource and should be compatible and consistent with the building and the surrounding area in terms of building materials, colour, height, scale, and design, including windows, doors and roof lines. 6. Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 6.1 The subject site is designated Regional Centre within the Region of Durham Official Plan. Regional centres in Urban Areas are recognized as focal points for urban development growth, and historic integration of traditional functions such as housing, employment, recreation, social activities, and cultural activities. Therefore, the design of proposed single detached dwelling shall compliment the urban design and cultural heritage of the neighbourhood. Municipality of Clarington Committee of Adjustment A2023-0021 Page 8 6.2 The subject site is designated "Village Centre" within the Clarington Official Plan, and the property is also designated "Street -Related Commercial Area" within the Newcastle Village Centre Secondary Plan. Lands designated "Village centre" will be developed at a smaller scale and have smaller densities in historic downtowns. Both the "Village Centre" in Clarington's Official Plan, and "Street -Related Commercial Area" in the Newcastle Village Centre Secondary Plan of the Official Plan, will maintain and enhance the historic character of established neighbourhoods. 6.3 Proposed dwellings are to be compatible with existing residential uses while achieving gentle intensification. The subject site is also listed with Heritage Merit on Clarington's Cultural Heritage Resources List. Redevelopment and infill in existing built-up areas are to be considerate of the surrounding buildings and streetscape in terms of building design and siting. In accordance with the Official Plan where a cultural heritage resource is recognized on the Cultural Heritage Resources List, the Municipality shall require redevelopment and infill buildings in existing built-up areas to be compatible and consistent with the surrounding buildings and streetscape in terms of building materials, height, width, scale, colour, setback, and design including windows, doors and roof lines. Staff have reviewed the elevation drawings and are satisfied that the proposed design of the new single detached dwelling will be consistent with the urban design principles laid out in Section 8 of the Official Plan (see Figure 4). The architectural design of the new single detached dwelling will enhance the historic character of established neighbourhood (see Figure 4). Municipality of Clarington Committee of Adjustment A2023-0021 Page 9 Figure 4: Proposed single detached dwelling, shown facing Mill Street South 6.4 Both the Regional and Clarington Official Plans permit the residential use of the property while maintaining and enhancing the historic character of the surrounding established neighbourhood. 6.5 For the above stated reasons, it is Staff's opinion that the application conforms with both Official Plans. Conformity with the intent and purpose of the Zoning by-law 6.6 The subject site is zoned "Urban Residential Type Two" in Zoning By-law 84-63. The deficient exterior side yard is due to the existing single detached dwelling being setback 4.4 metres from the exterior side lot line (see Figure 2). The intent of the minimum exterior side yard setback is to ensure buildings are setback from the street appropriately, while accommodating landscaping between the dwelling and the public right-of-way. The reduction in the exterior side yard from 6 metres to 4.4 metres is minimal. This also includes increasing the exterior side yard porch projection from 1.5 metres to 2.65m, leaving an exterior side yard setback of 3.35m (see Figure 2). The existing single detached dwelling is approximately 3.85m setback and the existing porch does comply with the maximum porch projection of 1.5m into the minimum required exterior side yard setback. Both minor variances will have the new single detached Municipality of Clarington Committee of Adjustment A2023-0021 Page 10 dwelling setback a bit further in the exterior side yard along Mill Street South, and the porch is small like the existing porch, which maintains the historical siting of the single detached dwelling being on the lot. There are no drainage concerns from Development Engineering Division in the exterior side yard. 6.7 The intent for a minimum required rear yard setback is to ensure that there is sufficient private outdoor amenity space in the rear yard of the property and that there is sufficient space between the rear wall of the dwelling and the land use on adjoining properties. This is a shallow lot, which is why the rear yard setback is being reduced in order to accommodate the siting of new single detached dwelling. The reduction in the rear yard setback from 7.5 metres to 1.5 metres will reduce private outdoor amenity space. However, there will be plenty of landscape open space in the front yard and interior side yard, of which the proposed dwelling will be setback 5.40 metres in the front yard and 7.37 metres from the interior side yard setback which still leaves space for outdoor activities such as gardening, and recreation (see Figure 2). Furthermore, the minimum required landscape open space of 30% is maintained, and lot coverage is 29.4%, which is under the maximum permitted lot coverage of 40% (see Figure 2). 6.8 Although Development Engineering Division has required a 0.9 metre greenspace be maintained in the rear yard, and interior side yard, to ensure that a swale can be constructed to municipal standards for drainage purposes. Maintaining a 0.9 metre green space separation is possible, since there is sufficient room in the interior side yard and rear yard, between the rear lot line and the dwelling, and the interior side lot line and driveway (see Figure 2). The reduced rear yard setback still maintains enough space for a 0.9 metre green space separation from the rear lot line, and it is also possible to reduce the proposed walkway in the rear yard by 0.9 metres to maintain green space and to support the creation of a swale (see Figure 2). 6.9 All other applicable zoning regulations are complied with at this time. For the above stated reasons, it is Staff's opinion that the application conforms with the Zoning By-law. Desirable for the appropriate development or use of the land, building or structure 6.10 The appropriate development for the subject site is residential. The block and immediate neighbourhood include properties zoned to permit single detached dwellings. Intensification through infill development is desirable where it can be accommodated as it makes efficient use of existing infrastructure while providing additional housing, particularly in a "Village Centre" where a variety of commercial and institutional uses exist within walking distance (see Figure 3). 6.11 The reduction in the exterior side yard setback, and rear yard setback can be supported as they would not be out of character of similar lots in the vicinity of Emily Street and Mill Street South. . Municipality of Clarington Committee of Adjustment A2023-0021 Page 11 6.12 A condition of approval has been put in place to preserve the 2 existing deciduous trees on the property since the site plan does not show the 2 deciduous trees remaining, as they maintain the character of the surrounding neighbourhood (see Figures 2, 3 and 4). However, if any of the deciduous trees are found to be removed at the time of granting building occupancy, then the owner will be responsible for replanting 2 deciduous trees to maintain the character of the surrounding neighbourhood. Although privacy concerns were raised by a neighbouring property, the proposed single detached dwelling is under the maximum permitted height of 10.5m, and there is still space sufficient between the neighbours on the north side and west side of the property, where privacy won't be impacted. 6.13 Based on the review by Staff and agencies there are no technical reasons why the minor variance should not be supported. For the above stated reasons, it is Staff's opinion that the minor variance requested is desirable for the residential use of land and building. Minor in Nature 6.14 The proposed single detached dwelling will be in keeping with the low -density residential development existing on adjacent and surrounding properties. The reduction in the exterior side yard setback, rear yard setback, and porch projection will not negatively impact the character of the neighbourhood nor result in an adverse visual impact on the streetscape. 6.15 For the above stated reasons, it is staff's opinion that the variances are 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 Municipal 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 approving this application for minor variances to Section 13.2.c.ii), Section 13.2.c.iv), and Section 3.1.g.iv) of Zoning By-law 84-63, to facilitate the construction of a single detached that contains two additional units by reducing the minimum permitted exterior side yard setback from 6m to 4.4m, by reducing the minimum required rear yard setback from 7.5m to 1.5m, and by increasing the exterior side yard projection for two porches from 1.5m to 2.65m, leaving an exterior side yard setback of 3.35m be approved subject to the follow conditions: Municipality of Clarington Committee of Adjustment A2023-0021 Page 12 That a minimum of 0.9 metres of green space is required between the west property line abutting 18 Emily Street and the driveway to ensure that a swale can be constructed to municipal standards for drainage purposes; That a minimum of 0.9 metres of green space is required between the driveway and the north property line and the walkway to ensure that a swale can be constructed to municipal standards for drainage purposes; and iii. That the existing 2 mature trees such as the one near the corner of Emily Street and Mill Street South, and the tree along the fence in the rear yard, remain post - construction, however if the trees are removed at the time of building occupancy being granted, then 2 new deciduous trees shall be replanted, 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 Zoning By-law, the Durham Region Official Plan and Clarington Official Plan Submitted by: / �y Amanda Tapp, Manager, Development Review Division Staff Contact: Jacob Circo, Planner II, 905-623-3379 extension 2425 or JCirco(cD_clarington.net. Interested Parties: The following interested parties will be notified of Committee's decision: Zak Marchant Clint Dochuk