HomeMy WebLinkAboutComments A2023-0006 901 Townline Road N April 27Clar_Wgton
Planning and Infrastructure Services
Committee of Adjustment
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Date of Meeting: April 27, 2023
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Address: 901 Townline Road North, Darlington
Report Subject: A minor variance application to facilitate the construction of a single
detached dwelling by increasing the maximum permitted height from 10.5
metres to 13 metres.
Recommendations:
1. That the Report for Minor Variance Application A2023-0006 be received.
2. That all written comments and verbal submissions were considered in the
deliberation of this application.
3. That application A2023-0006 for a minor variance to Section 9.2.g) in Zoning By-law
84-63, to facilitate the construction of a single detached dwelling by increasing the
maximum permitted height from 10.5 metres to 13 metres be approved subject to
the following conditions being required prior to the submission of a building permit
application with the Municipality of Clarington, and these conditions are based on the
recommendations from the memo done by Dougan & Associates Ecological
Consulting & Design:
i. No construction is initiated until such time that the Ministry of Environment,
Conservation & Parks has been engaged and confirmed by the Municipality of
Clarington that they are satisfied that matters to do with the province's
Endangered Species Act have been adequately addressed (assuming
Bobolink and/or Eastern Meadowlark are found to be nesting in the active
farm field);
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
Municipality of Clarington
Committee of Adjustment A2023-0006 Page 2
4. That all interested parties listed in this report be forwarded a copy of Committee's
decision.
1. Application Details
1.1 Owner: Thambirajah Ratnasingam
1.2 Agent: Yaso Somalingam and Christina Bamsey
1.3 Proposal: Minor Variance to Section 9.2.g) in Zoning By-law 84-63, to facilitate the
construction of a single detached dwelling by increasing the maximum permitted height
from 10.5 metres to 13 metres.
1.4 Area of Lot: 16.45 hectares
1.5 Location: 901 Townline Road North, Darlington
1.6 Legal Description: Part Lot 35, Concession 4, Former Town of Darlington
1.7 Zoning: "Agriculture (A)", "Environmental Protection (EP)", and "Rural Cluster (RC)"
1.8 Clarington Official Plan Designation: "Rural" and "Environmental Protection Area"
1.9 Durham Region Official Plan Designation: "Major Open Spaces"
1.10 Heritage Status: None
Municipality of Clarington
Committee of Adiustment A2023-0006
Paae 3
Property Location Map
(Darlington)
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- Area Subject To Minor Variance
901 Townline Road North
A2023-0006
Figure 1: Location Map
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Municipality of Clarington
Committee of Adjustment A2023-0006
2. Background
Page 4
2.1 A pre -application consultation meeting was held on June 16, 2022, regarding the above
noted proposal. A minor variance was noted as being required for proposing to increase
the maximum required height of 10.5m for constructing a single detached dwelling. An
Environmental Impact Study was noted as being required by the Central Lake Ontario
Conservation Authority (CLOCA) at the original pre -consultation meeting, and this was
included in the signed meeting minutes, which were signed by the applicant.
2.2 Since the subject site abuts the urban boundary where there is an existing 750mm trunk
sanitary sewer, the applicant has the option to connect to the existing trunk sanitary
sewer via the pre -stubbed 100mm sanitary service connection. The applicant had
indicated in the pre -consultation meeting that they will be connecting to the municipal
sanitary sewers, and as such, Durham Health expressed no concerns with the proposed
development if they were to connect to the municipal sanitary sewers with the abutting
City of Oshawa. A private well would be required for the proposed development.
2.3 To undertake a staking of development constraints including the PSW and natural
hazards, CLOCA staff conducted a site visit on September 26, 2022, along with
Municipal staff and development proponents.
2.4 On January 31St, 2023, the Planning & Infrastructure Services Department received an
application for a minor variance application. The application seeks to facilitate the
construction of a single detached dwelling by increasing the maximum permitted height
from 10.5 metres to 13 metres.
2.5 On February 23, 2023, the Committee of Adjustment approved Staff's recommendation
to table the application until such time that a submission of a memo/brief that evaluates
environmental features and potential impacts as a result of the proposed development
was submitted to the Municipality of Clarington and the CLOCA. The brief was to be
prepared by a qualified person and contain information regarding the final development
concept in the context of site conditions. The goal was to make sure proper due
diligence was conducted and could be evidenced that there are no environmental
impacts on the wetland and new natural hazards are not created. The contents of the
submission, upon review, would be at the satisfaction of Municipality of Clarington and
the CLOCA.
2.6 On April 3rd, the applicant submitted a memo that was prepared by Dougan &
Associates Ecological Consulting & Design, which evaluated the environmental features
and potential impacts as a result of the proposed development. Upon review of the
memo by the CLOCA and Municipal Staff, we agreed that the memo was satisfactory
presenting no environment impacts. This is subject to the Ministry of Environment,
Conservation & Parks confirming that they are satisfied that matters to do with the
province's Endangered Species Act have been adequately addressed, and that all four
recommendations in the memo are fully followed, of which these are conditions of
approval.
Municipality of Clarington
Committee of Adjustment A2023-0006 Page 5
3. Land Characteristics and Surrounding Uses
3.1 The subject site is located at 901 Townline Road North in Darlington and has frontage
along Townline Road North and the property rears onto an unopened road allowance
(see Figure 1). The approximately 161, 874 square metres in size. The property has a
lot frontage of approximately 368.7 metres on Townline Road North, and an
approximate depth of 91 metres and 300 metres on one side, and 398.1 metres on the
other side. There is an existing single detached dwelling on the property, and it
proposed to be demolished (see Figure 2).
3.2 The surrounding uses to the north and east are rural residential properties, to the west
is the City of Oshawa, and to the south hydro corridor (see Figure 2). The property is
largely within the regulated area of the CLOCA.
Figure 2: Aerial Photo showing the subject site in 2022. The property lines are shown in blue.
Municipality of Clarington
Committee of Adjustment A2023-0006
4. Public Notice and Submissions
Page 6
4.1 Pursuant to the requirements of the Planning Act, the appropriate signage
acknowledging the application was installed on the subject site. In addition, the public
notice was mailed to each landowner within 60m of the subject site.
4.2 At the time of writing this report, Staff have not received any inquiries regarding the
proposal.
5. Departmental Comments and External Agencies
5.1 The Development Engineering Division of Planning & Infrastructure Services has
reviewed the proposal and has no objections.
5.2 The Building Division of Planning and Infrastructure Services has reviewed the proposal
and has no objections .
5.3 Clarington Emergency and Fire Services Department has reviewed the proposal and
have no objections.
5.4 Hydro One Incorporated notes that four 44kv feeders are running east -west on the
south side of the property. One circuit is on a transmission towerline and the other three
are on wood poles. Hydro One Incorporated will need additional time to determine if
they have existing rights and where new rights need to be taken as a result of this
development proposal.
5.5 City of Oshawa Planning Services Department has no concerns or objections with the
proposed minor variance as it does not conflict with the Oshawa airport mapping.
5.6 Central Lake Ontario Conservation Authority (CLOCA) requires a permit from CLOCA
prior to starting construction. Technical information including the final architectural and
civil drawings, the environmental brief and other acquired approvals are required for
permit issuance. The applicant is advised to contact CLOCA before submitting their
permit application to make sure their file is complete. Fees associated with regulation
services (permit issuance) should be directly submitted to CLOCA and follow a separate
fee structure than the Municipal fee.
6. Discussion
Conformity with the intent and purpose of the Regional and Clarington Official Plans
6.1 The subject site is designated "Major Open Spaces" in the Regional Official Plan and is
partially designated "Environmental Protection Areas" and "Rural" in the Clarington
Official Plan. Both the Regional and Clarington Official Plans permit the residential use
of the property.
Municipality of Clarington
Committee of Adjustment A2023-0006
Page 7
6.2 It is staff's opinion that the application conforms to the intent and purpose of both the
Official Plans.
Conformity with the intent and purpose of the Zoning by-law
6.3 Within the Comprehensive Zoning By-law 84-63, as amended, the subject site is mostly
zoned "Agricultural (A), and partially zoned "Environmental Protection (EP)", and "Rural
Cluster (RC)". The proposed residential use is permitted within the "Agricultural (A)" and
"Rural Cluster (RC)" zones.
6.4 The portions of the house that exceed the maximum permitted height of 10.5 metres is
minimal, and the proposed single detached dwelling being setback 134.9m from
Townline Road North, which does not overwhelm the public realm of the regional road
(see Attachment 1). The dwelling will largely be screened by the trees on the north,
west and east sides of the property (see Figure 2).
Figure 3a: Front Elevation Drawing of the proposed single detached dwelling.
Municipality of Clarington
Committee of Adjustment A2023-0006 Page 8
Figure 3b: Front Elevation Drawing showing height dimensions
Desirable for the appropriate development or use of the land, building or structure.
6.6 The permitted use for the subject site is residential. The appropriate development for
the subject site. The proposed single detached dwelling does not appear to have any
negative impacts on the neighbourhood and would improve the residential use of
property.
6.7 The larger dwelling mass created by the proposed height increase will have no
substantive impact upon the road since it is significantly setback from Townline Road
North. There should also be no detrimental impact upon neighbouring properties in
regard to privacy, as the proposed dwelling will be buffered by mature trees and
vegetation on north, east and west sides of the property, which provide screening from
neighbouring properties.
6.8 Furthermore, the proposed dwelling will be approximately 134.9m from the front lot line,
along Townline Road North (see Attachment 1). Mature trees and vegetation screen the
proposed single detached dwelling from abutting properties on the east and west side of
the subject site (see Figure 2). The dwelling is larger in size to neighbouring smaller
single detached dwellings; however, the lot area is approximately 16.45 hectares and
thus establishing a prevailing neighbourhood character that is generally defined by
homes with a significant mass on larger lots seen on many properties within the
Greenbelt area of the Municipality of Clarington. Furthermore, the property has a lot of
landscaping features that improve the outdoor amenity space for the dwelling and lot,
such as gardens, patio space, and a fountain in front of the house (see Attachment 1
and Figures 4a and 4b). The parts of the property zoned Environmental Protection and
Municipality of Clarington
Committee of Adjustment A2023-0006 Page 9
designated Environmental Protection area are regulated by the CLOCA. As a result, the
proposal is considered desirable for the appropriate development of the land.
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Figure 4a: Rendering showing the front portion of the single detached dwelling facing
Townline Road North
Figure 4b: Rendering showing the rear portion of the single detached dwelling
Municipality of Clarington
Committee of Adjustment A2023-0006
Page 10
6.9 For the above stated reasons, it is in staff's opinion that the minor variance requested
for increasing the maximum permitted height is desirable for the residential use of the
land and building.
Minor in Nature
6.10 The significant change in slope on the subject site combined with the proposed roof has
resulted in a dwelling height that is greater than what is permitted in Zoning By-law 84-
63. The increased height will not be visible from the road as the lowest point of grade
was found at the rear of the proposed single detached dwelling. The proposed single
detached dwelling is surrounded by mature trees and vegetation, and as such will not
have any visual impact upon neighbouring properties.
6.11 The departments and agencies circulated on this application had no objections with
the approval of the application.
6.12 Given the above considerations, it is Staff's opinion the proposal is deemed to be minor
in nature.
7. Conclusion
7.1 Given the above comments, Staff recommend approval of the application for a minor
variance to Section 9.2.g) in Zoning By-law 84-63, to facilitate the construction of a
single detached dwelling by increasing the maximum permitted height from 10.5 metres
to 13 metres be approved subject to the following conditions being required prior to the
submission of a building permit application with the Municipality of Clarington, and these
conditions are based on the recommendations from the memo done by Dougan &
Associates Ecological Consulting & Design:
No construction is initiated until such time that the Ministry of Environment,
Conservation & Parks has been engaged and confirmed by the Municipality of
Clarington that they are satisfied that matters to do with the province's
Endangered Species Act have been adequately addressed (assuming
Bobolink and/or Eastern Meadowlark are found to be nesting in the active
farm field); and
Municipality of Clarington
Committee of Adjustment A2023-0006
Page 11
ii. All four recommendations from the memo are fully followed at the satisfaction
of the Municipality of Clarington,
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:
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Amanda Tapp
Manager, Development Review Division
Staff Contact: Jacob Circo, Planner II, 905-623-3379 extension 2425 or
JCirco clarington.net.
Interested Parties:
The following interested parties will be notified of Committee's decision:
Yaso Somalingam
Christina Bamsey
Thambirajah Ratnasingam
Hydro One Incorporated