HomeMy WebLinkAboutComments A2023-0016 & A2023-0017 11B Duke Street July 13
Planning and Infrastructure Services
Committee of Adjustment
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Date of Meeting: July 13, 2023
File Number: A2023-0016 & A2023-0017
Address: 11B and 13 Duke Street, Bowmanville
Report Subject: A minor variance application to support a land severance application
(LD2023-024).
Recommendations:
1. That the Report for Minor Variance Applications A2023-0016 & A2023-0017 be
received;
2. That all written comments and verbal submissions were considered in the
deliberation of these applications;
3. That application A2023-0016 for minor variances to Sections 3.1.g.iv), 12.2.a.ii),
12.2.1.b.i.b), and 12.2.1.b.ii.a) in Zoning By-law 84-63, to facilitate a severance
application (Land Division File # LD2023-024) on the retained lot by reducing the
front yard setback from the established building line, from 6.14m to 1.65m, by
decreasing the minimum permitted interior side yard setback without a garage from
3m to 0.6m, and by increasing maximum permitted front yard porch projection from
1.5m to 0m for an existing semi-detached dwelling. The other minor variances are to
Sections 3.2.f.ii.c.ii) and Section 3.2.f.ii.b) of By-law 2021-082 as amended in Zoning
By-law 84-63 to increase the maximum permitted lot coverage for an existing
Additional Dwelling Unit in an accessory structure from 10% to 11.7%, and to reduce
the minimum permitted side yard setback from 1.8m to 1.39m; and
4. That application A2023-0017 for minor variances to Sections 12.2.a.ii), 12.2.b.i),
12.2.1.b.ii.a), 12.2.1.b.ii.c), and 12.2.1.d.ii) in Zoning By-law 84-63, facilitate a
severance application (Land Division File # LD2023-024) on the severed lot by
reducing the minimum required interior lot frontage for a single detached dwelling
from 15m to 8.57m, by reducing the minimum required interior lot area from 460
square metres to 431 square metres, by decreasing the minimum permitted interior
side yard setback without a garage from 3m to 0.6m, by reducing minimum
permitted interior side yard setback on other side from 1.8m to 1.2m, and by
reducing the minimum required front yard softscape from 50% to 47%;
Municipality of Clarington
Committee of Adjustment A2023-0016 & A2023-0017 Page 2
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 Clarington Official Plan; and
5. That all interested parties listed in this report be forwarded a copy of Committee’s
decision.
Municipality of Clarington
Committee of Adjustment A2023-0016 & A2023-0017 Page 3
1. Application Details
1.1 Owner: Daniel Hogenbirk on behalf of 2774626 Ontario Inc.
1.2 Agent: Ashlee Prescott & Michael Fry on behalf of D.G. Biddle & Associates Lim
1.3 Proposal: For application A2023-0016, for minor variance to Sections 3.1.g.iv),
12.2.a.ii), 12.2.1.b.i.b), and 12.2.1.b.ii.a) in Zoning By-law 84-63, to facilitate a
severance application (Land Division File # LD2023-024) on the retained lot by reducing
the front yard setback from the established building line, from 6.14m to 1.65m, by
decreasing the minimum permitted interior side yard setback without a garage from 3m
to 0.6m, and by increasing maximum permitted front yard porch projection from 1.5m to
0m for an existing semi-detached dwelling. The other minor variances are to Sections
3.2.f.ii.c.ii) and Section 3.2.f.ii.b) of By-law 2021-082 as amended in Zoning By-law 84-
63 to increase the maximum permitted lot coverage for an existing Additional Dwelling
Unit in an accessory structure from 10% to 11.7%, and to reduce the minimum
permitted side yard setback from 1.8m to 1.39m.
For application A2023-0017, for minor variances to Sections 12.2.a.ii), 12.2.b.i),
12.2.1.b.ii.a), 12.2.1.b.ii.c), and 12.2.1.d.ii) in Zoning By-law 84-63, facilitate a
severance application (Land Division File # LD2023-024) on the severed lot by reducing
the minimum required interior lot frontage for a single detached dwelling from 15m to
8.57m, by reducing the minimum required interior lot area from 460 square metres to
431 square metres, by decreasing the minimum permitted interior side yard setback
without a garage from 3m to 0.6m, by reducing minimum permitted interior side yard
setback on other side from 1.8m to 1.2m, and by reducing the minimum required front
yard softscape from 50% to 47%.
1.4 Area of Lot: Approximately 931.37 square metres
1.5 Location: 11B Duke Street, Bowmanville
1.6 Legal Description: Part Lot 11, Concession 1, Former Township of Darlington
1.7 Zoning: “Urban Residential Type One (R1)” in the Neighbourhood Character Overlay
1.8 Clarington Official Plan Designation: “Urban Residential”
1.9 Heritage Status: Secondary
2. Background
2.1 On September 12, 2022 a building permit was issued for an ADU in an accessory
structure for 11B Duke Street. At the time of the building permit application, there was
already an existing ADU in the basement of the semi-detached dwelling. The proposed
retained parcel has an existing semi-detached dwelling with a second unit in the
Municipality of Clarington
Committee of Adjustment A2023-0016 & A2023-0017 Page 4
basement, and the third unit is an accessory structure that is situated at the rear of the
property. Similarly, a building permit was also issued for an ADU in an accessory
structure around the same time on the abutting property located at 9 Duke Street.
2.2 On March 13th, 2023, the Planning & Infrastructure Services Department received two
minor variance applications to support a land severance application (LD2023-024). The
minor variance applications seek relief from some Neighbourhood Character Overlay
zoning regulations to facilitate a severance of land for 11B Duke Street.
2.3 Upon reviewing both minor variance applications back in April 2023, Staff have been
advised of drainage concerns, encroachment concerns with the front stairs and site
design issues with the proposed severed and retained parcels. Staff proposed tabling of
both applications for 60 days, to work with the applicant and owner on addressing all the
issues noted above for the April 27th Committee of Adjustment Meeting.
2.4 Throughout the past 60 days, discussions with the applicant and owner, and Planning &
Engineering Staff, we have been able to come up a new site design that eliminates
some minor variances for the proposed severed parcel, that brings the proposed single
detached dwelling on the severed parcel into conformity with the established building
line, eliminates the creation of a new shared access easement on the severed parcel
and uses an existing shared easement between 7 and 9 Duke Street to allow for internal
parking in the rear yards of 9, 11 (proposed retained parcel) and 13 Duke Street
(proposed severed parcel). Significant progress has been made on the interior side yard
setbacks between the proposed retained and severed parcels to accommodate a side-
yard swale to be constructed to the minimum standards as per the Municipality's
Engineering Design Guidelines (minimum 0.15m depth, 3:1 side slopes).
2.5 Any remaining drainage and grading concerns from Development Engineering Division
will be addressed through the subsequent land division process. The current land
division file is tabled with Durham Region’s Land Division and Land Development Office.
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are located at 11B Duke Street in Bowmanville and has frontage
along Duke Street. The existing lot area is approximately 931.37 square metres in size.
The property has a lot frontage of approximately 18.52 metres on Duke Street, and an
approximate depth of 50.29 metres. There is an existing semi-detached dwelling and an
ADU in an accessory structure on the property (see Figure 1).
3.2 The surrounding uses to the north, east, south and west are urban residential properties
(see Figure 1).
Municipality of Clarington
Committee of Adjustment A2023-0016 & A2023-0017 Page 5
Figure 1: Aerial Photo showing the subject lands in 2022. The property lines are shown in
blue.
4. Public Notice and Submissions
4.1 Pursuant to the requirements of the Planning Act, the appropriate signage
acknowledging the applications was installed on the subject lands. In addition, a public
notice was mailed to each landowner within 60m of the subject lands.
4.2 At the time of writing this report, Staff have received concerns from one resident
regarding the proposal. The overall concerns received were as follows:
i. Concerns with parking on site, and the use of a shared driveway being used for 3
lots;
ii. Privacy concerns to the abutting neighbours;
iii. Concerns with the number of units going on each lot; and
iv. This proposal is not in keeping with the established neighbourhood character of the
area.
5. Departmental Comments and External Agencies
5.1 The Development Engineering Division of Planning & Infrastructure Services has
reviewed the proposal has no objections subject to the following comments:
Municipality of Clarington
Committee of Adjustment A2023-0016 & A2023-0017 Page 6
i. Development Engineering will continue to work with the Applicant to address
the grading design for the site;
ii. The provided plans may be subject to additional comments related to grading
and servicing at the Building Permit stage;
5.2 The Community Planning Division of Planning & Infrastructure Services notes the
property is identified as “Secondary” heritage property 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 the proposed changes 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.
5.3 The Building Division of Planning and Infrastructure Services has no concerns or
objections to the proposal.
5.4 Clarington Emergency and Fire Services Department have no concerns with this
proposal.
6. Discussion
Conformity with the intent and purpose of the Regional and Clarington Official Plans
6.1 The subject lands are designated “Urban Residential” in the Clarington Official Plan
which permits a range of residential uses on the property.
6.2 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.
6.3 The size of any parcel of land created by a land severance should be appropriate for the
use proposed and in keeping with the character of the established neighbourhood. In
particular, Policy 5.4.1.a) of Clarington’s Official Plan calls for respecting and reinforcing
the physical character of an established neighbourhood when it comes to the pattern of
lots, the size and configuration of lots, building types of nearby properties, and the
setback of buildings from the street, rear and side yards. Limited intensification is
permitted in established neighbourhoods, however, new development shall be
consistent with Policy 5.4.1.a-b) of Clarington’s Official Plan. The definition of
development in Clarington’s Official Plan includes the creation of a new lot. This
proposal conforms to Policy 5.4.1.a) of Clarington’s Official Plan because the
established building line is being maintained on both the retained and severed parcels,
and the there are similar lot sizes for single and semi-detached dwellings within the
established neighbourhood.
Municipality of Clarington
Committee of Adjustment A2023-0016 & A2023-0017 Page 7
6.4 The opinion of the Planning and Infrastructure Services Department - Development
Review Division is that the revised variances requested in applications A2023-0016 and
A2023-0017 conform to the intent and purpose of both Official Plans.
Conformity with the intent and purpose of the Zoning By-law
6.5 The proposed severed and retained lands are zoned “Urban Residential Type One (R1)”
subject to the regulations of the Neighbourhood Character Overlay (NCO). The NCO
provisions of the R1 zone implement the findings of the Neighbourhood Character Study
completed and approved in June 2020.
6.6 The “Urban Residential Type One (R1)” zone permits a single detached dwelling, semi-
detached dwelling and accessory residential uses. The current zoning permits the
proposed use being a single detached dwelling on the severed lot and retaining the
existing semi-detached dwelling and Additional Dwelling Unit in an accessory structure
on the retained lot. The minor variances requested are necessary given the proposed
severed and retained lots to have a suitable site design.
6.7 Planning Staff have considered 189 existing lots in a 300m radius within the established
neighbourhood (inside the Neighbourhood Character Overlay) in proximity to the subject
property, and found that 12% of residential lots with a single detached dwelling had a lot
frontage under the minimum requirement of 15m within the “R1” zone for interior lots.
Only 4% of residential parcels had a lot area less than the minimum required lot area of
460m2 for a single detached dwelling. Furthermore, 15% of residential lots with a semi-
detached dwelling had a minimum a lot frontage under the minimum requirement of 18m
within the “R1” zone for interior lots. What this means is that the established
neighbourhood within a 300m radius contains residential lots that contain a parcel fabric
of existing lots of records that are below the minimum requirements for lot frontages for
interior lots with a single detached dwelling or semi-detached dwelling.
6.8 The intent behind the interior side yard setbacks in the Neighbourhood Character
Overlay was that increased side yard setbacks will provide an adequate offset from
property lines to install a lot swale providing positive drainage and will minimize adverse
effects to existing adjacent properties. These lot swales also have potential to provide
low impact development measures by including an infiltration trench to promote
groundwater infiltration. Development Engineering has confirmed that the proposed side
yards of the retained parcel (0.6m side yard setback) and severed parcel (0.6m on one
side and 1.2m on the other side) are sufficient to accommodate a side-yard swale to be
constructed to the minimum standards as per the Municipality's Engineering Design
Guidelines (see Figure 2). Furthermore, the reduction in the front yard softscape from
50% to 47% is minimal, and still maintains the intent of having this zoning provision for
mitigating against increased stormwater management surface flow (see Figure 2).
6.9 Lot coverage for all accessory structures is also proposed to increase from 10% to
11.7% to maintain an existing Additional Dwelling Unit (ADU) in an accessory structure
on the proposed retained parcel. This increase in lot coverage for all accessory
structures is minimal, as the proposed ADU in an accessory structure is smaller than the
Municipality of Clarington
Committee of Adjustment A2023-0016 & A2023-0017 Page 8
existing semi-detached dwelling unit on the lot (see Figure 2). In addition, overall lot
coverage is still under the maximum permitted lot coverage of 40% for a semi-detached
dwelling that is under 1.5 storeys.
Figure 2: Concept Site Plan and Grading Plan for the proposed retained and severed
parcels.
6.10 The opinion of the Planning and Infrastructure Services Department - Development
Review Division is that the revised variances requested in applications A2023-0016 and
A2023-0017 maintain the intent and purpose of the Zoning By-law.
Desirable for the appropriate development or use of the land, building or structure.
6.11 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 between 157 square metres to 1,300 square metres
which have lot frontages in the range of 6 metres to 57 metres.
Municipality of Clarington
Committee of Adjustment A2023-0016 & A2023-0017 Page 9
6.12 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 that is consistent with the parcel
fabric in the established neighbourhood. This application would aide in reaching
Municipal intensification targets with development that can be supported by existing
Regional servicing infrastructure.
6.13 The opinion of the Planning and Infrastructure Services Department - Development
Review Division that the revised variances requested in applications A2023-0016 and
A2023-0017 are appropriate development or use of the land.
Minor in Nature
6.14 The proposed variances conform to the general intent of Clarington Official Plan 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.
6.15 The opinion of the Planning and Infrastructure Services Department - Development
Review Division that the revised variances requested in applications A2023-0016 and
A2023-0017 are considered to be minor in nature.
7. Conclusion
7.1 Given the above comments, Staff recommends approval of:
i. Revised application A2023-0016 for minor variances to Sections 3.1.g.iv), 12.2.a.ii),
12.2.1.b.i.b), and 12.2.1.b.ii.a) in Zoning By-law 84-63, to facilitate a severance
application (Land Division File # LD2023-024) on the retained lot by reducing the front
yard setback from the established building line, from 6.14m to 1.65m, by decreasing the
minimum permitted interior side yard setback without a garage from 3m to 0.6m, and by
increasing maximum permitted front yard porch projection from 1.5m to 0m for an
existing semi-detached dwelling. The other minor variances are to Sections 3.2.f.ii.c.ii)
and Section 3.2.f.ii.b) of By-law 2021-082 as amended in Zoning By-law 84-63 to
increase the maximum permitted lot coverage for an existing Additional Dwelling Unit in
an accessory structure from 10% to 11.7%, and to reduce the minimum permitted side
yard setback from 1.8m to 1.39m; AND
ii. Revised application A2023-0017 for minor variances to Sections 12.2.a.ii), 12.2.b.i),
12.2.1.b.ii.a), 12.2.1.b.ii.c), and 12.2.1.d.ii) in Zoning By-law 84-63, facilitate a
severance application (Land Division File # LD2023-024) on the severed lot by reducing
the minimum required interior lot frontage for a single detached dwelling from 15m to
8.57m, by reducing the minimum required interior lot area from 460 square metres to
431 square metres, by decreasing the minimum permitted interior side yard setback
without a garage from 3m to 0.6m, by reducing minimum permitted interior side yard
Municipality of Clarington
Committee of Adjustment A2023-0016 & A2023-0017 Page 10
setback on other side from 1.8m to 1.2m, and by reducing the minimum required front
yard softscape from 50% to 47% 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 and the Clarington Official Plan.
Submitted by:
Morgan Jones
Secretary-Treasurer, Committee of Adjustment
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:
Michael Fry
Ashlee Prescott
Daniel Hogenbirk
Clare Ashton
Mark Hunter