HomeMy WebLinkAboutComments A2023-0007 and A2023-0011 11 Fourth Ave April 27Clar_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 27, 2023
File Numbers: A2023-0007 and A2023-0011
Address: 11 Fourth Avenue, Courtice
Report Subject: A2023-0007; minor variances to facilitate the creation of a lot by
application for removal of part lot control (Part 1) and relocation of an
existing single detached dwelling on (Part 1); and A2023-0011; minor
variances for the creation of a lot by removal of part lot control (Part 2) and
the construction of a proposed single detached dwelling.
Recommendations:
1. That the Report for Minor Variance Applications A2023-0007 and A2023-0011 be
received.
2. That all written comments and verbal submissions were considered in the
deliberation of this application.
3. That application A2023-0007 for minor variances to:
i. Section 12.4.32 (a) by reducing the minimum required lot area from 560
square metres to 405 square metres;
ii. Section 12.4.32 (b) ii) by reducing the minimum required lot frontage (external
lot) from 20.0 metres to 16.4 metres;
iii. Section 12.4.32 (c) i) by reducing the required front yard setback from 8.0
metres to 4.8 metres;
iv. Section 12.4.32 (c) iii) by reducing the exterior side yard setback from 8.0
metres to 6.0 metres (applied to the 50% remainder of the exterior side wall);
V. Section 12.4.32 (c) iv) by reducing the rear yard setback from 8.0 metres to
1.2 metres; and
vi. Section 12.4.32 (d) i) by increasing the lot coverage from 30% to 36% for the
dwelling.
That application A2023-0011 for minor variances to:
Section 12.4.32 (a) by reducing the minimum required lot area from 560 square
metres to 370 square metres;
Section 12.4.32 (b) ii) by reducing the minimum required lot frontage (external
lot) from 16.0 metres to 15.0 metres;
Municipality of Clarington
Committee of Adjustment A2023-0007 & A2023-0011 Page 2
iii. Section 12.4.32 (c) i) by reducing the required front yard setback from 8.0
metres to 6.0 metres;
iv. Section 12.4.32 (c) iii) by reducing the required interior side yard setback from
1.5 metres to 1.2 metres;
v. Section 12.4.32 (c) iv) by reducing the rear yard setback from 8.0 metres to 7.5
metres; and
vi. Section 12.4.32 (d) i) by increasing the lot coverage from 30% to 38% for the
dwelling.
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. Application Details
Page 3
1.1 Owner: Maxsym Lysyk and Simon Lysyk
1.2 Agent: George Lysyk
1.3 Proposal A2023-0007; minor variances to facilitate the creation of a lot by
application for removal of part lot control (Part 1) and relocation
of an existing single detached dwelling on (Part 1); and A2023-
0011; minor variances for the creation of a lot by removal of part
lot control (Part 2) and the construction of a proposed single
detached dwelling.
1.4 Area of Proposed Lots: Total lot area: 775 square metres.
1.5 Location: 11 Fourth Avenue, Courtice (see Figure 2)
1.6 Legal Description: Part Lot 30, Concession 3, Former Township of Darlington
1.7 Zoning: "Urban Residential Exception (R1-32) Zone"
1.8 Clarington Official Plan Urban Residential
Designation:
1.9 Durham Region Living Areas
Official Plan
Designation:
1.10 Heritage Status: None
Municipality of Clarington
Committee of Adjustment A2023-0007 & A2023-0011
Page 4
2. Background
2.1 In March 2023 an application for the Removal of Part Lot Control was submitted for the
subject site, within an existing plan of subdivision in the Glenview neighbourhood in
Courtice. The Municipality is unable to process the application as the Removal of Part
Lot Control would result in a "retained" and "severed" parcel of (Part 1 and Part 2) which
do not conform to the minimum lot area and frontages for the zone the subject property
is situated within.
2.2 The owner's agent submitted a minor variance application to vary lot area, frontage and
several zoning provisions related the building footprint of the proposed dwellings on
each part of land. The existing dwelling on 11 Fourth Avenue is proposed to be
relocated to the Part 1 parcel of land. (See Figure 1).
2.3 The surrounding land uses to the north, east, south, and west are existing low -density
urban residential.
PT
(KNOWN AS) WES TM ORE S TREF T
(Br PEGISTERE0 PLAN N632)
-rrJ i6�7❑-__._
- - : i•1 k r1
SM "73 ro
l
8 ,
A�¢_-__-.__-____-L9 ___^______r----.-4.
I T1L9, 1 jj
PART 1 r;
-------------------------------
W I^ I
•: i I I
h
^w^
o Raa
4 f I O
K:
O
PART 2
I�
C L O T 5
A
� s.00 I
3 mac[
R�
Figure 1 - Proposed lot configuration and building footprints.
Municipality of Clarington
Committee of Adiustment A2023-0007 & A2023-0011
97
i
Page 5
54EE STREE'
r
MASH ROAD - --_ s�* • AL MASH ROA ❑
.t
Figure 2 - Property Location
3. Public Notice and Submissions
3.1 Pursuant to the requirements of the Planning Act, the appropriate signage
acknowledging the application was installed on the subject lands. In addition, the public
notice was mailed to each landowner within 60m of the subject site.
3.2 At the time of writing this report, Staff has received several comments from nearby
residents expressing opposition to the applications.
3.3 The resident concerns related to the proposed development and how in the opinion of
certain local residents the proposal was not compatible with the existing community.
Municipality of Clarington
Committee of Adjustment A2023-0007 & A2023-0011 Page 6
4. Departmental and Agency Comments
4.1 The Development Engineering Division of Planning and Infrastructure Services has
reviewed the applications and has no objections.
4.2 The Building Division of Planning and Infrastructure Services has reviewed the
applications and has no objections.
4.3 Clarington Emergency and Fire Services Department has reviewed the applications and
has no objections.
5. Discussion
Conformity with the intent and purpose of the Regional and Clarington Official Plans
5.1 The subject property is designated "Living Areas" in the Durham Region Official Plan
and is designated "Urban Residential" in the Clarington Official Plan.
5.2 Both the Regional and Clarington Official Plans permit residential uses on the property.
5.3 The Clarington Official Plan recognizes that established neighbourhoods are stable but
not static. The Municipality encourages intensification in urban areas to ensure the
efficient use of existing infrastructure such as services, roads, schools, parks and other
local amenities.
5.4 The opinion of the Planning and Infrastructure Services Department - Development
Review Division is that the variances requested in applications A2023-0007 and A2023-
0011 conform to the intent and purpose of both Official Plans.
Conformity with the intent and purpose of the Zoning By-law
5.5 The subject property is zoned "Urban Residential Exception (R1-32) Zone" subject to
the provisions within Section 12.4.32 of the by-law.
5.6 The zoning by law permits single detached dwellings and accessory residential uses on
the property.
5.7 The current zoning permits the proposed use being a single detached dwelling on the
severed and retained lot. The minor variances requested are necessary given the
proposed severed and retained lots in order to have a suitable site design.
5.8 The opinion of the Planning and Infrastructure Services Department - Development
Review Division is that the variances requested in applications A2023-0007 and A2023-
0011 maintain the intent and purpose of the Zoning By-law.
Municipality of Clarington
Committee of Adjustment A2023-0007 & A2023-0011
Page 7
Desirable for the appropriate development or use of the land, building or structure.
5.9 Planning Staff have considered existing lots within established neighbourhoods in
proximity to the subject lands and have identified a wide variety of lot sizes and
configurations. The lot areas range from 185 square metres to 4,000 square metres
which have lot frontages in the range of 6 metres to 40 metres (see Figure 3).
5.10 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
SGO
w
I
1
'
REYNpLI)5
DRIVE
1isI
d'
;
I
;
1
!
I-16
I
!
k
� I j
�►
•
��
I .:
I
SL:EEMAN
-SKINNER
COURT-
-
1
G:
LU
I
I
I
I
LJJ
!
�r
SQUARE'
z�
- CECIk1F4UND`
'
r -RICHFIEL-DLU
} SQUARE-
-
-
- - ^ -
-
�m
W
il
M�
Walso
i
I
I
Fri
If �
_
-------- WESTMDRE-ST-REET-L----D
-
r
MEN
Q�
i
-F
-------
L---NASH
ROAD-
---1
---------- NASH
ROAD
----------a-_
suitable urban residential sized lot and dwelling type. This application would aide in
reaching Municipal intensification targets with development that can be supported by
existing Regional servicing infrastructure.
Figure 3 - Established lots within proximity of subject property
5.11 The opinion of the Planning and Infrastructure Services Department - Development
Review Division that the variances requested in applications A2023-0007 and A2023-
0011 are appropriate development or use of the land.
Municipality of Clarington
Committee of Adjustment A2023-0007 & A2023-0011 Page 8
Minor in Nature
5.12 The proposed variances conform to the general intent of both Regional and Local
Official Plans while maintaining the intent of the provisions of Urban Residential Zones
within Zoning By-law 84-63. The variances would allow the proposed lots to continue
the existing residential use within the community that is consistent with lots in existing
adjacent neighbourhoods.
5.13 The opinion of the Planning and Infrastructure Services Department - Development
Review Division that the variances requested in applications A2023-0007 and A2023-
0011 are considered to be minor in nature.
6. Conclusion
6.1 Based on Staff review, the applications conform with the intent and purpose of the
Regional and Municipal Official Plans, conform with the intent and purpose of the
Zoning By-law, are desirable for the appropriate use of the land, and are considered to
be minor in nature.
6.2 Given the above comments, Staff recommends approval of the application A2023-0007
for minor variances to:
i. Section 12.4.32 (a) by reducing the minimum required lot area from 560 square
metres to 405 square metres;
ii. Section 12.4.32 (b) ii) by reducing the minimum required lot frontage (external lot)
from 20.0 metres to 16.4 metres;
iii. Section 12.4.32 (c) i) by reducing the required front yard setback from 8.0 metres
to 4.8 metres;
iv. Section 12.4.32 (c) iii) by reducing the exterior side yard setback from 8.0 metres
to 6.0 metres (applied to the 50% remainder of the exterior side wall);
V. Section 12.4.32 (c) iv) by reducing the rear yard setback from 8.0 metres to 1.2
metres; and
vi. Section 12.4.32 (d) i) by increasing the lot coverage from 30% to 36% for the
dwelling.
BUD
application A2023-0011 for minor variances to:
i. Section 12.4.32 (a) by reducing the minimum required lot area from 560 square
metres to 370 square metres;
ii. Section 12.4.32 (b) ii) by reducing the minimum required lot frontage (external
lot) from 16.0 metres to 15.0 metres;
iii. Section 12.4.32 (c) i) by reducing the required front yard setback from 8.0 metres
to 6.0 metres;
Municipality of Clarington
Committee of Adjustment A2023-0007 & A2023-0011
Page 9
iv. Section 12.4.32 (c) iii) by reducing the required interior side yard setback from
1.5 metres to 1.2 metres;
V. Section 12.4.32 (c) iv) by reducing the rear yard setback from 8.0 metres to 7.5
metres; and
vi. Section 12.4.32 (d) i) by increasing the lot coverage from 30% to 38% for the
dwelling.
Submitted by:
Amanda Tapp,
Manager, Development Review Division
Staff Contact: Tyler Robichaud, Planner II, 905-623-3379 extension 2420 or
trobichaud(c)_clarington.net.
Interested Parties:
The following interested parties will be notified of Committee's decision:
Diane Siegel
Diana White