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HomeMy WebLinkAboutStaff Report B-2024-0028 249 Liberty St NClar• gton Planning and Infrastructure Services Committee of Adjustment Planning Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: September 26, 2024 File Number: B-2024-0028 (X-Ref LD2022/110) Address: 249 Liberty Street North, Bowmanville Report Subject: The purpose of this application is to sever a 422.35 square metre residential parcel of land, retaining a 427.68 square metre parcel of land. The existing dwelling is to be demolished. Recommendations: 1. That the Report for Consent file B-2024-0028 be received. 2. That all written comments and verbal submissions are considered in the deliberation of this application. 3. That application B-2024-0028 for consent be re -tabled for a period of up to 24 months until October 3rd, 2026 to allow the applicant additional time to address agency comments (see Appendix D and E). 4. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment B-2024-0007 1. Application Details 1.1 Owner: 1.2 Applicant: 1.3 Proposal: 1.4 Area of Existing Lot: 1.5 Area of Severed 1.6 Area of Retained 1.7 Zoning: 1.8 Clarington Official Plan Designation: 1.9 Heritage Status: 1.10 Water Supply: 1.11 Sewage Disposal: Page 2 7575025 Canada Incorporated Colin Quinlan c/o ER Group of Companies The purpose of this application is to sever a 422.35 square metre residential parcel of land, retaining a 427.68 square metre parcel of land. The existing dwelling is to be demolished. 850.03 square metres 422.35 square metres 427.68 square metres Urban Residential Type One (R1) Urban Residential None Municipal Municipal Municipality of Clarington Committee of Adjustment B-2024-0028 2. Background Page 3 2.1 On August 18th, 2022, a consent application was submitted to the Region by the owner's agent Colin Quinlan c/o ER Group of Companies, for consent to sever lands municipally known as 249 Liberty Street North, Bowmanville. The effect of the subject application was to create one (1) severed lot and one (1) retained lot. The associated file number is LD2022/110. 2.2 Clarington's Planning staff report recommended that the application be tabled to allow the applicant, Regional, and Clarington Staff to have further discussions on meeting the requirements of Zoning By-law 84-63 (see Appendix A). 2.3 The application was tabled by the Region at the October 3rd, 2022, land division meeting for a period of up to (2) years and no later than October 3rd, 2024 (see Appendix B). 2.4 The applicant originally applied for a severance for two single detached dwellings on the subject lands. On October 3rd, 2022, the agent/owner's land division application (LD2022-110) was tabled by the Regional Municipality of Durham to address their comments. The Region requires a 5 meter road widening along Liberty Street North that significantly reduces the lot area of both the severed and retained portion. This would have further implications on the proposal as setbacks and lot coverage would have been reduced far to significantly. At the time, the applicant proposed to construct 2 single detached dwellings. In early January 2023, the agent contacted the Municipality with a revised proposal to allow for semi-detached dwellings and two Additional Dwelling Units (ADU's) in the rear yard. 2.5 On January 30th, 2023, the Planning & Infrastructure Services Department received a minor variance application. That minor variance application sought to facilitate the construction of a semi-detached dwelling by decreasing the minimum permitted front yard setback to a private garage from 6 metres to 1.8 metres, and to the dwelling from 4.5 metres to 1.8 metres. To increase the front porch and porch steps projection from 1.50 metres to 3.15 metres, leaving a 1.35 metres front yard setback. The minor variance decision was approved, final and binding from the Municipality of Clarington's Committee of Adjustment on March 15th, 2023 (see Appendix C). 2.6 The Municipality of Clarington received building permits for the above noted application on January 27th, 2023, and at the request of the agent/owner is requesting that their consent application be re -tabled for another two (2) year period to address comments from the Regional Municipality of Durham. 2.7 The lots associated with this re -tabled application are indicated in the Aerial Site Plan mapping in Figure 1 below. Municipality of Clarington Committee of Adjustment B-2024-0028 Page 4 aa!'in ton Land Division Application: B2024-0028 (LD11012022) �Nature of Application: Severance Municipality: Clarington Address: 249 Liberty Street North ti Severed (Part 1 - 422.35 sq m) Retained (Part 2 - 427.68 sq m) r 0 10 20 40 60 80 Meters Figure 1 — B-2024-0028 (X-Ref LD2022-110) Aerial Reference Plan 3. Public Notice and Submissions 3.1 Pursuant to the requirements of the Planning Act, the subject application was circulated to the owner/applicant and all interested parties. As per the request of the Municipality of Clarington's Committee of Adjustment, all consent and minor variance applications that are re -tabled, are required to have a new public notice mailed out. A public notice was mailed to each landowner within 60 metres of the subject lands and appropriate signage notifying of the application was installed Municipality of Clarington Committee of Adjustment B-2024-0028 Page 5 on the subject lands. Future revisions to the previously submitted application will require a new circulation of public notice before it is lifted from the table on a future agenda. 3.2 At the time of writing this revised report, Staff has received no inquiries regarding the proposal. 4. Departmental Comments 4.1 Agency circulation for commenting was not required as the application is being re -tabled to allow for the applicant to address previous comments from the Regional Municipality of Durham (see appendices D and E). 5. Policy 5.1 A complete policy analysis will be undertaken and included with the future recommendation report for lifting the application from the table. Discussions with Regional staff are on -going. For further context regarding the tabled applications — reference Appendices D and E. 6. Recommendation 6.1 Planning Staff recommend that application B-2024-0028(X-Ref LD2022/110) be tabled for a period of up to 24 months until October 3rd, 2026, to allow for the applicant to clear Regional conditions as per the comments from the 2022 report (see Appendix D and Appendix E). Submitted by: Jacob Circo Acting Secretary -Treasurer, Committee of Adjustment Planning and Infrastructure Services Municipality of Clarington Concurrence: This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner, who concurs with the recommendations. Staff Contact: Jacob Circo, Planner II, (905) 623-3379 x2425 or icirco .clarington.net. Attachments: Appendix A: Municipality of Clarington Comments Letter to the Regional Municipality of Durham Land Division Committee for the October 3, 2022, meeting. Appendix B: Regional Municipality of Durham Land Division Committee Decision from October 3, 2022. Municipality of Clarington Committee of Adjustment B-2024-0028 Page 6 Appendix C: Municipality of Clarington Staff Report for Minor Variance Application File Number A2023-0005. Appendix D: Regional Municipality of Durham Planning and Economic Development Department, letter dated September 29th, 2022. Appendix E: Regional Municipality of Durham Works Department, letter dated September 26th, 2022. Appendix F: Municipality of Clarington's Development Engineering Division, letter dated September 18th, 2024. Interested Parties: The following interested parties will be notified of Committee's decision: Colin Quinlan c/o ER Group of Companies (Agent) 7575025 Canada Incorporated (Owner) Jill Doswell Shelia Perreault Appendix A Clariwwn Comments to Land Division Committee Meeting for October 3, 2022 Application Number: LID 110/2022 Owner: ER Real Estate Investments Applicant: Colin Quinlan Location: 249 Liberty Street, Bowmanville Part Lot 10, Concession 2, former Town of Bowmanville Proposed Use: To sever an existing lot for two single detached dwellings Description of Application The purpose of this application is to sever a 422.35 square metre residential parcel of land, retaining a 427.68 square metre parcel of land. The existing dwelling is to be demolished. Clarington Official Plan The Clarington Official Plan designates the severed and retained parcels Urban Residential. The proposed use of both the severed and retained parcels is consistent with the Clarington Official Plan. Clarington Zoning By-law ■ The severed and retained lands are zoned "Urban Residential Type One (R1)". The minimum lot frontage for new lots in the R1 zone is 15 metres and the minimum lot area is 460 sq. metres. The lot frontage and lot area are less than what is required in Zoning By-law 84-63, for both the severed and retained lots. Comments The severed and retained lands are zoned "Urban Residential Type One (R1)". The minimum lot frontage for new lots in the R1 zone is 15 metres and the minimum lot area is 460 square metres. The proposed lot frontage and lot area are less than what is required in Zoning By-law 84-63, for both the severed and retained lots. The proposal does not comply with the provision of the "R1" zone in the following ways; • lot frontage for both lots and • lot area for both lots. The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 2 Comments (Continued) Staff contacted the Region of Durham Works Department, who confirmed that, should the Land Division application be approved, a road of 5 metres would be taken. The widening would significantly reduce the lot area of both the severed and retained portion. This would have further implications for meeting other aspects of the by-law such as front and rear yard setbacks and lot coverage. Recommendations Staff recommend that the Committee table the application to allow Regional and Clarington Staff to have further discussions with the applicant on meeting the requirements of the Zoning By-law. Amanda Tana Acting Manager, Development Review Branch Planning and Development Services Department /CS/ch The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Appendix B Land Division Committee — Minutes Monday, October 03, 2022 Appendix 6. The Regional Municipality of Durham Land Division Committee Meeting Minutes Page 12 of 38 As per: The Planning Act, and in accordance with the Provincial Rules of Procedure Consent Application heard on: Monday, October 03, 2022 File: LD 110/2022 Submission: N/A Owner: ER Real Estate Investments Agent: ER Real Estate Investments Location: 249 LIBERTY ST N, Clarington, ON Municipality: Municipality of Clarington Consent to sever a 422.35 m2 residential parcel of land, retaining a 427.68 m2 residential parcel of land. Existing dwelling to be demolished. The Committee member visited the site on Monday, September 19, 2022 and confirmed the property was properly posted. Present was: Agent: Colin Quinlan - ER Real Estate Investments Mr. C. Quinlan explained the nature of the application and advised the Committee the application will facilitate the creation of two new lots for the construction of two new single family detached dwellings. He also advised the 5 meter road allowance request by the Region of Durham would be detrimental to the proposal and as such asked the Committee for relief of this condition. Committee Member A. Arnott asked the agent to confirm whether or not he wanted the Committee to proceed with the application at this time with all of the proposed agency conditions. Mr. C. Quinlan asked the Committee to approve the application without the road allowance condition, or failing which, he would be agreeable to tabling the application in order to allow for some discussions with Regional staff to address this concern. Land Division Committee — Minutes Monday, October 03, 2022 Page 13 of 38 Committee member A. Camposeo noted the Municipality of Clarington is requesting more time to review the application. The Committee had for information reports received from the Regional Municipality of Durham Planning and Economic Development, Health and Works Departments, and the Municipality of Clarington. Agency comments were provided electronically to Mr. C. Quinlan, agent for the applicant. Motion of the Committee Moved by: A. Camposeo Seconded by: C. Molinari Having reviewed and considered all of the agency comments and heard the oral submission, I hereby move that application LD 110/2022 be tabled, at the request of the agent and at the expense of the applicant for up to two (2) years and no later than October 2024. A tabling fee of $300.00 is payable by certified funds within thirty (30) days of today's meeting. Failure to pay the required fee may result in denial of the application. The site must be reposted 14 days prior to the new hearing date. Carried unanimously Signed by all members present and concurring that this is the Committee Motion of LD 110/2022 on Monday, October 03, 2022. A. Georgieff, Chair K. Bavington, Vice -Chair G. L. O'Connor A. Arnott A. Camposeo Land Division Committee — Minutes Monday, October 03, 2022 E. Hudson C. Molinari D. Smith P. Aguilera, Assistant Secretary -Treasurer Page 14 of 38 Appendix C ciff-Wooff 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: February 23, 2023 r_3 ki Fin, �i�'����Ij►�C�IIIZII:� Address: 249 Liberty Street North, Bowmanville Report Subject: A minor variance application to facilitate the construction of a semi- detached dwelling by decreasing the minimum permitted front yard setback to a private garage from 6 metres to 1.8 metres, and to the dwelling from 4.5 metres to 1.8 metres. To increase the front porch and porch steps projection from 1.50 metres to 3.15 metres, leaving a 1.35 metres front vard setback. Recommendations: 1. That the Report for Minor Variance A2023-0005 be received. 2. That all written comments and verbal submissions were considered in the deliberation of this application. 3. That application A2023-0001 for a minor variance Section 12.2.d.i) and Section 3.1.g.iv) of Zoning By-law 84-63, to facilitate the construction of a semi-detached dwelling by decreasing the minimum permitted front yard setback to a private garage from 6 metres to 1.8 metres, and to the dwelling from 4.5 metres to 1.8 metres. To increase the front porch and porch steps projection from 1.50 metres to 3.15 metres, leaving a 1.35 metres front yard setback be approved 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. Municipality of Clarington Committee of Adjustment A2023-0005 Page 2 1. Application Details 1.1 Owner: Collin Quinlan 1.2 Agent: Sheila Perreault 1.3 Proposal: Minor Variance to Sections 12.2.d.i) & 3.1.g.iv) of Zoning By-law 84-63, to facilitate the construction of a semi-detached dwelling by decreasing the minimum permitted front yard setback to a private garage from 6 metres to 1.8 metres, and to the dwelling from 4.5 metres to 1.8 metres. To increase the front porch and porch steps projection from 1.50 metres to 3.15 metres, leaving a 1.35 metres front yard setback. 1.4 Area of Lot: 707 square metres 1.5 Location: 249 Liberty Street North, Bowmanville 1.6 Legal Description: Part Lot 10, Concession 2, Former Town of Darlington 1.7 Zoning: "Urban Residential Type One (R1)" Zone 1.8 Clarington Official Plan Designation: Urban Residential 1.9 Durham Region Official Plan Designation: Living Areas 1.10 Heritage Status: None Municipality of Clarington Committee of Adjustment A2023-0005 0`��0� 00 rn I o rn rn M rn 0) 00 81 79 _ I Page 3 115 H 118 44 - 38 LU 39- - 111 114 H106 110 103 34 5 32 3261 99w 102 - z5 — m=W 21Z Mmn= 777 251 78 75o ,rw. 75 Ln -- CLAYTON CRESCENT Z cD ao CD v cn ao o N W 247 `o /� 1 rn r cn; rn to N CO C4 cD cfl i� _� i LOT:10 LOT:1, 245'/2 - - CoN:12 ON.2 r 248 245 OC O :3 a0 N <o O v LU N CI) Ln (D to o ao cD N 246 °0 243 O N N "' r J MEADOWVIEW BOULEVARD N SCOTTSDALE DRIVE 4n r-- ti LO CO T244 �.n � 1 � - u> LO Lrs m 241 �1 T Ny`0`00 N M co 240 lolp�� �1,v r! — 32 �. 239 co . O yfi 1 232 �'o' CRESCENT 26 00 229 0.0 - 75 24 230 76 73 22 228 227 , — 83 —72 gg 79 68 Property Location Map (Bowmanville) - Area Subject To Minor Variance 249 Liberty Street North A2023-0005 w t: ,k �.m 5 n���i�o �e� I New[a5tle Lake On taria Figure 1: Location Map Municipality of Clarington Committee of Adjustment A2023-0005 Page 4 2. Background 2.1 The applicant applied for a severance for two single detached dwellings on the subject lands. On October 3, 2022, at the request of the agent, their land division application (LD2022-110) was tabled. It became apparent the Region of Durham required a 5- metre road widening. The required road widening would significantly reduce the lot area of both the severed and retained portion. This would have further implications for meeting other aspects of the by-law such as front and rear yard setbacks and lot coverage. At the time, the applicant proposed to construct 2 single detached dwellings. In early January 2023, the agent contacted the Municipality with the change to proposal, to allow for semi-detached dwellings and two Additional Dwelling Units (ADU's) in rear yard. 2.2 On January 30th, 2023, the Planning & Infrastructure Services Department received an application for a minor variance application. The application seeks to facilitate the construction of a semi-detached dwelling by decreasing the minimum permitted front yard setback to a private garage from 6 metres to 1.8 metres, and to the dwelling from 4.5 metres to 1.8 metres. To increase the front porch and porch steps projection from 1.50 metres to 3.15 metres, leaving a 1.35 metres front yard setback. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 249 Liberty Street North in Bowmanville, located north of Scottsdale Drive and east of Liberty Street (see Figure 1). The property's lot area is approximately 707. square metres in size. The property has a lot frontage of approximately 26.7 metres on Liberty Street North with an approximate depth of 26.5 metres. 3.2 The surrounding uses to the north include residential uses, and commercial plaza beyond, to the east, south and west are all residential uses. 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 received a concern from a resident who envisioned sightlines of the new dwelling to be 1.8 metres from the sidewalk. Staff advised the resident that as result of the road widening, the proposed siting of the new dwelling will be further setback from the sidewalk / back of curb compared to the current siting of the existing dwelling. Municipality of Clarington Committee of Adjustment A2023-0005 Page 5 5. Department Comments and External Agencies 5.1 The Development Engineering Division of Planning & Infrastructure Services has reviewed the proposal and has no objections or concerns with this proposal. 5.2 The Building Division of Planning and Infrastructure Services requires building permits related to this proposal. 5.3 Clarington Emergency and Fire Services Department have no concerns with this proposal. 5.4 Central Lake Ontario Conservation Authority 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 property is designated "Living Areas" in the Regional Official Plan and "Urban Residential", along a Local Corridor, in the Clarington Official Plan. Both the Regional and Clarington Official Plans permit the residential use of the property. The proposed reduction is the front yard setback is for the proposed semi-detached dwelling. Although the front yard setback is proposed to be reduced to the semi- detached dwelling, the property itself still conforms to Section 9.4.5.a-b) of Clarington's Official Plan, since the site is proposed to be used to accommodate density in the number of residential units. Once constructed, the property is to be severed and there is the potential for 6 units to be created, such as 4 units in the semi-detached dwelling, and 2 ADUs in accessory structures, Overall, the proposed development is to support the residential use of the property by providing opportunities and to promote a more compact settlement form within the urban settlement boundaries of the Municipality. 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 The subject property is zoned "Urban Residential Type One (R1) in Zoning By-law 84- 63, which permits the semi-detached dwelling and the potential for two ADU's; one in the principal residence and one in a detached accessory structure. An ADU is defined as "a self-contained dwelling unit within a permitted residential dwelling or an accessory building to the principal residential building on the same lot. The proposed ADU would require one parking space, and one parking space would be required for the principle residence. The proposed severed and retailed parcel would have sufficient parking for the potential of 3 residential units per lot. The retained and severed parcels have more than the minimum required parking spaces needed for the potential of 3 residential units on each lot. Municipality of Clarington Committee of Adjustment A2023-0005 WE PLAN SCALE 1-200 INFORMATION FROM 51TE PLANIGRADING PLAN OF 14S W15FRTT STREET NORTH MUNCIPALLTT OF CLARINGTON REGIONAL MIJNJCEF'AIJTT OF DURHAM AS PREPARED By IBW LAND SIIRVETORS 76.1 M (61616 s� I&*M ro x� 133E IM s (43TAD FT) tow FI) R 4) I'll I uM ..]n) y�, O.FT) � j f'R01°OBED PDOPOe°JED /4u M' 64a n§' [ [ l.el H 0!)5 FT) CHECK DECK 2M 7�/ 0..1 M 5f1 SEMI ff t /SEMI E OO j DETAGFlED DETACHED O j E I DWELL G DWELUNG I G I A e 1oa 57 N' m5T FTh F. — I — �I Inc„ rI�u(D G l � #r I ;I (D 1 a &SIMa&"FT) 6.OI Kb.-tT) [p P _ CWVJW wou Plum appypYLT pl'biIYAT n [ [ • s FI (D1S76 FT) 76.1M u37ss rT) CW" FT) LIBERTY STREET MN LOT AREA 5528 FT' (550 H') 1617 FT' (101IF, M') FAN L.OT FRONTAGE "*AFT (leM) 0-IS16 FT (76.11'1) FAR FRONT YARD 15.64) FT (6.0 M) 5.504 FT (I.6 M) MIN REAR TARO 746 FT (15 M) 3A 36 (10 d1 0 FAN &DE YARD 3. 536 FT (1.7 M) 15.00 FT (551 M) AREA OF EACH 5EM-D€TAC4iED D'JiE1JJNG 1087 W (100-57 M') AREA OF DECK Q 5TAR3 PER UNT 101 FT' (954 M') AREA OF EACH ACCE55WRT DWELLING UNT 450 FT' (410 M') TOTAL LOT OOVERA6E COVERAGE (1635 PT' X O = 3715 FT' 43Y1b AREA OF PAVED ORIVEWAT (1I2 FT' k 7) = 1414 FT' TOTAL LANDSCAPED AREA 7554 FT'' 37,7E BNLOING u60 r 30.E FT (5 3B M) t0A M (1A44 FT) W4115E M46t4W AREA OF FRONT YARD (BOTH LINTS) 657 PT' (60.51 M1 AREA OF DOVE'WATS 115 FT' us E4 M') AREA OF CONCRETE PORC11E5 (BOT14 I)F7T6) 45.6 FT' (4 24 M- ) TOTAL FRONT YARD LANDSCAPED 28214 FT' 4473E Figure 2: Site Plan showing the proposed severed and retained lot. e6 Municipality of Clarington Committee of Adjustment A2023-0005 e7 6.4 The minimum lot frontage for one semi-detached dwelling is 18m, and the minimum lot area is 550 square metres. The proposed lot frontage and lot area comply with the "R1" zoning provisions. Furthermore, all other zoning provisions of the "R1" zone and ADU By-law 2021-082 are maintained. (See Figure 2). 6.5 The reduction of the front yard setback for the private garage from 6 metres to 1.8 metres, and to the dwelling from 4.5 metres to 1.8 metres is minimal. This also includes the increase the front porch and porch steps projection from 1.50 metres to 3.15 metres, leaving a 1.35 metres front yard setback is minimal. Durham Region is requiring a 5 metres road allowance be taken from existing property, which have reduced the lot area of the severed and retained portion for single detached units, however, the minimum lot area and lot frontage are still maintained for the proposed semi-detached dwelling and the proposed ADUs in accessory structures on the severed and retained parcels. With the passage of Bill 23 in November 2022, and Clarington Council's approved amendment to Zoning By-law 84-63, through By-law 2021-082, this proposal meets the objectives of increasing housing supply within existing urban settlement areas, that are fully serviced by water, sanitary lines, and maintained roads all year round. Although, there is a proposal to reduce the front yard setback to the proposed semi-detached, the required 5 metre road widening still maintains sufficient separation between the public realm along the street, including sidewalks and the proposed semi-detached dwelling does not overwhelm the public realm. 6.6 The proposed ADU at the rear of the semi-detached dwelling is smaller and ancillary to the proposed semi-detached dwelling in terms of size and height. All buildings and structures are under maximum lot coverage of 40% within the "R1" zone (see Figure 2). 6.7 Overall, all other zoning regulations of Zoning By-law 84-63, and By-law 2021-082 are complied with. Desirable for the appropriate development or use of the land, building or structure. 6.8 The permitted use for the subject property is residential. The appropriate development for the subject property is residential. The proposed semi-detached dwelling and ADUs in accessory structures does not appear to have any negative impacts on the neighbourhood and would improve the residential use of property. It supports Clarington's Official Plan and Durham Region's Official Plan by providing housing opportunities and intensification of existing lots within an urban settlement area without significant impacts on services and the character of the area. 6.9 The proposed reduction of the minimum front yard setback for the semi-detached dwelling has no impact on site drainage or privacy. No concerns regarding lot drainage have been expressed by the Development Engineering Division. 6.10 For the above stated reasons, it is in staff's opinion that the minor variance requested for reduction in front yard setback is desirable for the residential use of the land and building. Municipality of Clarington Committee of Adjustment A2023-0005 Page 8 6.11 There are opportunities to meet the zoning requirement for the front yard setback, but this would require removing the proposed ADU in accessory structures. Staff believe the proposal would improve the residential use of the subject property because it would provide housing opportunities and intensification of existing lots within an urban settlement area, and the proposed buildings and structures are setback well enough from the sidewalk which does not impact the appearance in the public realm for visibility sightlines set within the visibility triangle on the proposed driveway. Minor in Nature 6.12 The subject minor variances to the semi-detached dwelling conform to both Official Plans and maintains the intent of the regulations for residential uses in the Zoning By- law. The decrease to the minimum required front yard setback, is not a significant deviation from the Zoning By-law regulation since the proposed semi-detached dwelling will be further setback from the sidewalk that the current home and can be considered minor in nature. 7. Conclusion 7.1 Based on Staff's review of the application, the minor variance for the reduced yard setbacks 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 recommends approval of the application for a minor variance to Sections 12.2.d.i) & 3.1.g.iv) of Zoning By-law 84-63, to facilitate the construction of a semi-detached dwelling by decreasing the minimum permitted front yard setback to a private garage from 6 metres to 1.8 metres, and to the dwelling from 4.5 metres to 1.8 metres. To increase the front porch and porch steps projection from 1.50 metres to 3.15 metres, leaving a 1.35 metres front yard setback be approved 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. Municipality of Clarington Committee of Adjustment A2023-0005 Submitted by: Amanda Tapp Manager, Development Review Division Staff Contact: Jacob Circo, Planner I Interested Parties: The following interested parties will be notified of Committee's decision: Colin Quinlan Shelia Perreault Jill Doswell e9 Appendix D The Regional Municipality of Durham September 29, 2022 Mr. Lino Trombino Secretary/Treasurer Land Division Committee 605 Rossland Road East Whitby, ON L1 N 6A3 Dear Mr. Trombino Planning and Economic Re Development Department Planning Division 605 ROSSLAND RD. E. 4TH FLOOR PO BOX 623 WHITBY ON L1N 6A3 CANADA 905-668-7711 1-800-372-1102 Fax: 905-666-6208 Email: planning(a)durham.ca Application for Consent LD 110/2022 Applicant: ER Real Estate Investments Location: 249 Liberty St N (Lot 10, Conc. 2) Municipality: Municipality of Clarington Hearing Date: October 3, 2022 Recommendation That application LD 110/2022 be Tabled. www.durham.ca Should application LD 110/2022 be approved by the Land Division Brian Bridgeman, MCIP, RPP Committee, the Regional Planning and Economic Development Department Commissioner of Planning and Economic Development respectfully requests that any such approval be subject to the following conditions: "Service Excellence for our Communities" i) The submission of a clearance letter from the Municipality of Clarington acknowledging that the severed and retained parcels comply with the requirements of its Zoning By-law; ii) The submission a noise impact study wherein any recommendations be addressed to the satisfaction of the Regional Planning and Economic Development Department, including the requirement for a Land Titles Agreement with the Region of Durham; and iii) That the applicant submit a cover letter and associated supporting materials, noted above which demonstrates how Conditions i) and ii) have been addressed. 1. Purpose LD 110/2022Consent to sever a 422.35 m2 residential parcel of land, retaining a 427.68 m2 residential parcel of land. Existing dwelling to be demolished and new single detached dwellings to be erected on each new lot. If this information is required in an accessible format, please contact Planning Reception at 1-800-372-1102, extension 2551. LD 110 2022 2. Plannina Analvsis Provincial Policy Statement (PPS) and A Place to Grow: The Growth Plan for the Greater Golden Horseshoe (Growth Plan) The PPS and the Growth Plan requires Planning authorities to: identify appropriate locations and redevelopment opportunities within settlement areas; ensure existing or planned infrastructure, public service facilities are available to accommodate projected needs; and determine intensification targets within built-up areas. The subject site is within a settlement area and more specifically in Bowmanville's "Built-up Area" of the Growth Plan. These areas promote infill development and has available existing infrastructure and public service facilities. As such the the proposed redevelopment of the subject site that will facilitate the construction of two new single family dwellings is consistent with the PPS and conforms to the Growth Plan. Durham Regional Official Plan (ROP) The ROP designates the subject site as "Living Areas" in the "Urban System." Living Areas shall be used predominantly for housing purposes. Infilling for residential purposes is permitted within this designation provided it complies with the policies and requirements of Clarington's Official Plan and Zoning By-law. The proposed development is a residential infill development that is considered by Provincial, Regional and Area Municipal land -use policies. The proposed residential infill development and proposed lotting pattern is similar to other residential lots in the immediate neighbourhood. As such, the proposal conforms to the ROP. Provincial Plan Review Responsibilities Soil and Groundwater Assessment Protocol The applicant submitted an SSQ dated July 4, 2022 indicating no adverse affects, and it was signed by a Qualified Person (QP), as defined by the Region's Soil and Groundwater Assessment Protocol. Accordingly, the Region has no soil and groundwater concerns or associated conditions. Noise Impact Study The subject site is on Liberty Street (Durham Regional Road 14), which the ROP classifies as a Type `B' Arterial Road. In accordance with the ROP, the applicant will be required to retain the services of an acoustical consultant to prepare a Noise Impact Study for the site. The study must address potential transportation and stationary noise impacts and identify appropriate mitigation measures and warning clauses (if any) for both lots to the Region's satisfaction. 2 LD 110 2022 The applicant will also be required to implement any of the study's recommendations through a Land Titles (noise) Agreement with the Region's Legal Services Division. 3. Agency Comments Municipality of Clarington Comments from the Municipality of Clarington received on September 26t", 2022 indicate the following: The severed and retained lands are zoned "Urban Residential Type One (R1)". The minimum lot frontage for new lots in the R1 zone is 15 metres and the minimum lot area is 460 square metres. The proposed lot frontage and lot area are less than what is required in Zoning By-law 84-63, for both the severed and retained lots. The proposal does not comply with the provision of the "R1" zone in the following ways; • lot frontage for both lots and • lot area for both lots Staff contacted the Region of Durham Works Department, who confirmed that, should the Land Division application be approved, a road widening of 5 metres would be taken. The widening would significantly reduce the lot area of both the severed and retained portion. This would have further implications for meeting other aspects of the by-law such as front and rear yard setbacks and lot coverage. Staff recommend that the Committee table the application to allow Regional and Clarington Staff to have further discussions with the applicant on meeting the requirements of the Zoning By-law. Ministry of Transportation Comments from Ministry of Transportation, dated August 22nd, 2022 indicate no objection to the approval of the application. Regional Works Department Comments from the Regional Works Department on September 26t" 2022 indicate that the Works Department has no objection to the approval of the application subject to meeting the conditions to be imposed on this consent application by the Works Department. 3 LD 110 2022 4. Conclusion The proposed application is intended to allow for residential infill and to intensify the existing the residential uses in the area. The proposed application generally conforms with the policies of the Regional Official Plan, however, it does not comply with the Municipality of Clarington Zoning By -Law with respect to lot frontages and lot areas. The comments received from the Municipality of Clarington request the application be tabled in order to facilitate further discussions between the Regional Planning Department and the Municipality of Clarington. Therefore, the Regional Planning Department in turn recommends that this application be tabled in order to address zoning compliance issues raised by the Municipality of Clarington. Sincerely, 811-ad Yobwej_ Brad Holmes, MCIP, RPP Project Planner ll Appendix E 91 The Regional Municipality of Durham Works Department 605 Rossland Rd. E. PO Box 623 Whitby, ON L1 N 6A3 Canada 905-668-7711 1-800-372-1102 Fax:905-668-2051 E-mail: works@durham.ca www.durham.ca September 26, 2022 Land Division Committee Regional Municipality of Durham 605 Rossland Road East, 4th Floor P.O. Box 623 Whitby, ON L1 N 6A3 Sent via Planit Attention: Lino Trombino, Secretary Treasurer Re: LD 110/2022 ER Real Estate Investments 249 Liberty Street North Lot 10, Concession 2 Municipality of Clarington Please be advised that our department has no objection to the granting of approval for the above noted severance application. The application is for the consent to sever a 422.35m2 residential parcel John Presta, P.Eng., MBA of land, retaining a 427.68m2 residential parcel of land with an existing Commissioner of Works dwelling to be demolished. According to our water billing records, 249 Liberty Street North was connected to the Regional water and sanitary sewer supply. Regional forces will need to install a new water and sanitary service for the severed lot. As a condition of approval for this application, the applicant will be required to pay to the Region the flat rate costs for the installation of 1 water service connection and 1 sanitary service connection. In addition to the above, inspection fees shall be paid to the Region for the existing water service connection and existing sanitary services connections. The Region will require the applicant to convey a 5.Om road widening across the frontage of Liberty Street (Regional Road 14) frontage to achieve a 30.0m right of way as per the Regional Official Plan. Exact dimensions are to be determined by an Ontario Land Surveyor. The conveyance will be at no cost to the Region. As a condition of approval for this application, the applicant will be required to provide a road widening conveyance across Liberty Street (Reg. Rd. 14) as described above. The lands shall be conveyed free and clear of any encumbrances. To ensure the foregoing, our department requires our following standard condition to be imposed: "That the applicant satisfies all the requirements of the Regional Municipality of Durham concerning the provision of Regional services, financial and otherwise." In order to satisfy the Regional Works Department conditions, the applicant will be required to fulfill the following: LD 11012022 249 Liberty Street North Municipality of Clarington Page 2 of 2 In order to satisfy the Regional Works Department conditions, the applicant will be required to fulfill the following: Payment for 1 sanitary service connection at $3,843.00 per connection (flat rate): _ $3,843.00 2. Payment for 1 water service connection at $3,700.00 per connection (flat rate): = $3,700.00 3. Payment for inspection of the existing sanitary service = $125.00 4. Payment for inspection of the existing water service = $125.00 5. The Regional Works Department will require the applicant to convey a 5.0 metre road widening across the frontage of Liberty Street North (Regional Road 14) at no cost to the Region. The applicant shall submit a copy of the draft reference plan illustrating the road widening conveyance to our department for review and approval prior to registration of the reference plan. The total amount owing at the current rate is $7,793.00. Payment shall be made by certified cheque or credit card. The above fees are subject to revision on January 1, 2023. Regional connection permits will be issued to the applicant once the above payment is remitted to our department. The severed land will be subject to Regional development charges at the time of building permit issuance. The Region of Durham will not permit the connection of weeping tiles to the sanitary sewer for the severed and retained lands in accordance with the Region's Foundation Drain Policy. In the event you have any questions, please contact the undersigned. Yours truly, Grant Young, C.E.T. Development Approvals Technician grant.youngCc durham.ca 905 668 7711 extension 2479 If this information is required in an accessible format, please contact 1-800-372-1102 ext. 3753. Appendix F Clarington MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Jacob Circo, Planner II From: Karen Richardson, Manager of Development Engineering Date: September 18, 2024 Subject: Land Division Application 2022.110 File: Applicant: Colin Quinlan Address: 249 Liberty Street, Bowmanville Part Lot 10, Concession 2 Former Town of Bowmanville Consent to sever a 422.35 m2 residential parcel of land, retaining a 427.68 m2 residential parcel of land. Existing structure to be demolished. We have reviewed the above -noted application and have no objection to this proposal subject to the following comments: Development Agreement The applicant/owner must enter into a consent agreement with the Municipality which includes all requirements of the Planning and Development Services Department regarding the engineering and construction of all internal and external works and services related to this proposal. These requirements include the following: Parks Division The applicant will be required to provide an appropriate cash contribution in lieu of the normal parkland dedication. Building Permit Requirements The applicant/owner must apply for a Building Permit with the Municipality which includes all requirements of the Planning and Development Services Department regarding the engineering and construction of all internal and external works and services related to this proposal. These requirements include the following: Grading and Drainage The applicant/owner must provide this department with a detailed Lot Grading and Servicing Plan that conforms to the Municipality of Clarington Design Guidelines and is satisfactory to the Deputy CAO of Planning and Development Services. The Grading Plan must demonstrate that there is no impact on any adjacent properties as a result of this development. The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 11 LD 021-2022 Soil Management — Site Alteration Should a future Site Plan application be required, the Municipality will require a Soil Management Report be prepared for the Site and submitted for review and approval prior to Site Plan approval. The scope of the Soil Management Report is described in Section 5 of the Municipality's Site Alteration Permit. Every effort must be made to minimize the importing and exporting of material. Should Site Alteration Works be necessary, in advance of the approval of the future consent, a permit is required from the Municipality under Site Alteration By-law 2024- 017, as amended, and from the conservation authority for a regulated area under their jurisdiction. Securities may be required. The applicant must demonstrate compliance with Ontario Regulation 406/19 and the MECP Rules for soil management and excess soil quality standards for development beginning on/or after January 1, 2023. The applicant shall confirm whether works completed to date (i.e., sampling completed through ESAs and Geotechnical Investigations) are in compliance with and/or satisfy the requirements of the Regulation Should Site Alteration Works be necessary, as part of the development process, a Soils Management Report is required prepared by a Professional Engineer and submitted to the Deputy CAO of Planning and Infrastructure Services for approval. The applicant will be responsible to meet all current excess soil regulations. The approval of a permit under the Site Alteration By-law or Soils Management Report will require providing information respecting any proposed import or export of fill to or from any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed stockpiling on the subject lands. Soils Management Report and Plans need to address the following areas: 1) Proposed haul route, demonstrating shortest routes and least impact to municipal roads, traffic and residents. 2) Proposed schedule with precise start and end dates. 3) Estimate of how many cubic meters to be hauled, how many trucks per day. 4) A description of the proposed fill, confirming it originates from within the Municipality of Clarington and describing source locations and confirmation from a qualified expert that it contains no contaminated fill, as defined in the Municipality's current Site Alteration By-law. The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 12 5) Daily haulage time restrictions where public may be impacted (i.e. rush hour traffic, school areas, park areas, etc.). 6) Mud and dust control program for both source and dump sites, including who will be monitoring the haulage to ensure conformance to these conditions. This also includes monitoring and cleaning mud mats and roadways at both sites. The Municipality is to be provided with the contact's name and position, their 24 hour phone number and what company they are using to clean Municipal roads. 7) When route is approved by the Municipality, a precondition assessment and post haulage assessment to determine any damage and required repairs to the satisfaction of the Municipality. 8) Written commitment from applicant to ensure their contractor, subcontractor and all associated parties adhere to these requirements and any additional conditions that the Director of Public Works determines appropriate under the Municipality's current Site Alteration By-law. 9) Any Municipal approval is based on the understanding that the applicant has obtained prior to the work, the necessary approvals from any other agencies, including the Conservation Authority where appropriate. Provide written confirmation of consultation and acceptance of the proposal from the Conservation Authority. 10) Absolutely no alteration of either the source or destination site shall occur until the Municipality has approved the Soils Management Plan and/or Site - Alteration Permit (e.g. Silt fence installation, tree clearing, mud mat construction, etc.). The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 13 General Requirements and Conditions All works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By -Law and all applicable legislation and to the satisfaction of the Director of Planning and Development Services. If you have any questions regarding the above -noted comments, please contact Julia Antonova, Planning and Infrastructures Services Department. Karen Richardson, P.Eng. Manager, Development Engineering KR/JA cc: The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 14