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Home My WebLink AboutStaff Report A2024-0056Clarington Planning and Infrastructure Services Committee of Adjustment - Minor Variance Summary of Comments Submitted A2024-0056 2173 Newtonville Road, Newtonville Municipal Departments / External Agencies Comment Clarington Building Division No concerns Clarington Development Engineering Division No concerns and See Attachment 1 Clarington Fire and Emergency Services Department No concerns Durham Works Department No concerns Durham Region Planning Department No concerns Municipality of Clarington Committee of Adjustment A2024-0056 Page 2 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: November 28, 2024 File Number: A2024-0056 Address: 2173 Newtonville Road, Newtonville Report Subject: A minor variance application on the provisionally approved severed lot (Associated Consent Application # LD 086/2023) to permit a reduction in lot area from 4000 sauare metres to 2020 sauare metres. Recommendations: 1. That the Report for Minor Variance Application A2024-0056 be received; 2. That all written comments and verbal submissions be considered in the deliberation of this application; 3. That application A2024-0056, for a Minor Variance to Section 9.2.a. of Zoning By- law 84-63, on the provisionally approved severed lot (Associated Consent Application # LD 086/2023) to permit a reduction in lot area from 4000 square metres to 2020 square metres, be approved as it maintains the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 84-63, desirable for the appropriate development or use of the land and minor in nature. 4. That all interested parties listed in this report be forwarded a copy of the Committee's decision. Municipality of Clarington Committee of Adjustment A2024-0056 Page 3 1. Application Details 1.1 Owner: Lance and Shelly Payne, Jennifer Hale 1.2 Applicant: Planfarm Inc. c/o., Mitch Morawetz 1.3 Proposal: A minor variance application on the provisionally approved severed lot (Associated Consent Application # LD 086/2023) to permit a reduction in lot area from 4000 square metres to 2020 square metres. 1.4 Area of Lot: 292.25 acres (118.23 hectares) 1.5 Location: 2173 Newtonville Road, Newtonville 1.6 Zoning: Agricultural Exception Zone (A-1) 1.7 Clarington Official Hamlet, Environmental Protection Areas, and Prime Plan Designation: Agricultural Areas 1.8 Heritage Status: Primary Heritage Resource (on the retained parcel) 1.9 Water Supply: Municipal Servicing 1.10 Sewage Disposal: Private Servicing Municipality of Clarington Committee of Adjustment A2024-0056 Figure 1: Property Location Map Page 4 Municipality of Clarington Committee of Adjustment A2024-0056 Page 5 2. Background 2.1 On October 23rd, 2024, Planning Staff received an application for Minor Variance from the applicant and owner of 2173 Newtonville Road. 2.2 The application seeks to permit a reduction in lot area from 4000 square metres to 2020 square metres on the provisionally approved severed lot (Associated Consent Application # LID 086/2023). 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located northeast of Regional Road 18 and Highway 2. (See Figure 1). The subject property has an area of 118.23 hectares. The lot characteristics are typical of an agriculture lot. 3.2 The surrounding uses are as follows: a. South — Rural Residential lots with single detached dwellings b. North- Woodlot and Agricultural Farmlands c. East — Rural Residential lots with single detached dwellings and agricultural farmlands d. West —Agricultural Farmlands 4. Public Notice and Submissions 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of the application was installed on the subject lands. In addition, the appropriate 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. Discussion Maintain the general intent and purpose of the Clarington Official Plan 5.1 The subject property is designated "Hamlet, Prime Agricultural Areas and Environmental Protection Areas" within the Clarington Official Plan. The residential and agricultural uses of the property conform with the intent of the Clarington Official Plan. 5.2 It is staff's opinion that the application conforms to the intent and purpose of the Official Plan. Municipality of Clarington Committee of Adjustment A2024-0056 Page 6 Maintain the general intent and purpose of the Zoning By-law 5.3 Within Zoning By-law 84-63 the subject property is zoned "Agricultural Exception (A-1)" and "Environmental Protection (EP) Zone." The proposal involves severing a smaller lot within the Newtonville Hamlet boundary (See Attachment 2). Residential uses are permitted within the "Agricultural Exception (A-1) Zone". For properties located within the Hamlet Boundary that are undersized (smaller then 2 hectares), zoning regulations for residential uses within the (A-1) zone follow Section 9.2 of the noted by-law. 5.4 The proposal conforms to and complies with the provisions of the "Agricultural Exception (A-1) Zone" with the exception of the reduction in required lot area. The Hamlet of Newtonville has regional water servicing available for the site. From a private servicing perspective (well), the Durham Health Department through consent application LD086/2023 is supportive of the reduction in lot area from provisionally approved lot within the hamlet boundary. 5.5 It is staff's opinion that the proposal maintains the intent and purpose of Zoning By-law 84-63. Desirable for the appropriate development or use of the land, building or structure 5.6 The purpose of the consent application is to sever a 0.2 hectare residential lot within the hamlet boundary of Newtonville while retaining agricultural land identified outside of the hamlet boundary. The retained lands are designated Prime Agricultural Areas and are being used for agricultural purposes and will continue to be used for agricultural uses after the severance is finalized. The reduction of the minimum lot area required from 0.4 hectares to 0.2 hectares in the "Agricultural Exception (A-1)" Zone within the Hamlet boundary would not diminish the agricultural uses of the retained lands and is a desirable and appropriate use of land in the neighbourhood. 5.7 It is staff's opinion that the minor variance requested is appropriate for the lands and would be desirable for the development and use of land, building or structure. Minor in Nature 5.8 The intent of the minimum lot area and lot frontage requirement for residential uses within Section 9.2 of Zoning By-law 84-63 is to ensure proper separation of a septic system and a private well. Since regional water is serviced to the Hamlet of Newtonville, there is ability to reduce the lot area requirements of provisionally approved severed lot, which was supported by the Regional Municipality of Durham through the land division application process. The existing property has a lot area of 118.23 hectares that includes the portion within the hamlet boundary supporting the possibility of severance within the hamlet boundary while maintaining agricultural uses in the other areas of the property. 5.9 For the above stated reasons, it is staff's opinion that the proposed lot area reduction is minor in nature. Municipality of Clarington Committee of Adiustment A2024-0056 Paae 7 6. Conclusion 7.1 Given the above comments, staff recommend approval of the application for a minor variance to Section 9.2.a. of Zoning By-law 84-63, on the provisionally approved severed lot (Associated Consent Application # LID 086/2023) to permit a reduction in lot area from 4000 square metres to 2020 square metres; as it maintains the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 84-63, desirable for the appropriate development or use of the land and minor in nature. Submitted by: �L b Akibul Hoque Acting Secretary -Treasurer Committee of Adjustment Municipality of Clarington Municipality of Clarington Committee of Adjustment A2024-0056 Concurrence: Page 8 This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner, who concurs with the recommendations. Staff Contact: Akibul Hoque, Planner I, (905) 623-3379 x2418 or ahogue(a_clarington.net. Attachments: Attachment 1: Development Engineering Division Comments Attachment 2: Survey Plan Interested Parties: The following interested parties will be notified of Committee's decision: Lance and Shelly Payne, Jennifer Hale Planfarm Inc. c/o., Mitch Morawetz Attachment 1 ciffftW17 MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Akibul Hoque, Planner I From: Karen Richardson, Manager of Development Engineering Date: November 15, 2024 Subject: Minor Variance Application A2024-0056 File: Applicant: Mitch Morawetz from Planform Inc on behalf of Lance and Shelly Payne, Jennifer Hale Address: 2173 Newtonville Road, Newtonville Part Lot 07 & 08, Concession 02, Former Township of Clarke The applicant requires a minor variance application on the provisionally approved severed lot (Associated Consent Application # LD 086/2023) to permit a reduction in lot area from 4000 square metres to 2020 square metres. Development Engineering has reviewed the referenced application and have no objections to the proposal subject to the comments from Application LD 086/2023 being addressed. If you have any questions regarding the above -noted comments, please contact Ajay Kumar Alagarsamy, Planning and Infrastructure Services Department. Karen Richardson, P.Eng. Manager of Development Engineering, Planning and Infrastructure Services KR/AKA 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 11 Attachment 2 �UNC_SSION ROAD 3 ;eau: A-Inu»X KIVM CCe[:>::r7A': 1 AV) ,)7 I r I � I i I C% 1,' I 1 I z I fY I u r_ v. I '4AT OF LOTS / A,4U 8 I z n I I :'li\CfSSi�ti 1 C. v NrrrR.r,.n I -Pan=nnra iiLINICIF'ALITY CF CLARINUTUN R�ONAL NLLMCIP.'U Y OF OLPHAM I I I I R v S •w �^•• I ,S• kuN L►M 1 I I "ENr`�Trgr I ArrUNNT T -E4MFtT ELI AIM ME L44 CENM W AVp FAYW I I -HELEY "4110HE 40TB AND LELLi 1) '� ax. Mw errTC+fl+7'•rr b:7Rtrsn t'�T¢'ya nrme ce •�mc � •, I ( cxsur AFSa�In Ir aaAB he, .[x i�-aw. 7•• i _ -_.._ -- —--�—^ - I 1n rI XTl tV iall'C fe LL¢rl. uo!!Fl W 641 Proposed 2,020 square metre lot _ Y� 1 #2 Proposed 3.334 ha hamlet lot K � _ I #3 Proposed 72.5 W ha vacant farm lot 1 I� I ! 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