HomeMy WebLinkAboutStaff Report B2024-0035Clarington
Summary of Comments Submitted
B2024-0035
11 Duke Street, Bowmanville
Planning and Infrastructure Services
Committee of Adjustment
Municipal Departments / External Agencies
Comment
Clarington Development Review Division
Comments contained within
Clarington Building Division
No concerns
Clarington Development Engineering Division
Comments as attached, see
Attachment 1
Clarington Fire and Emergency Services Department
No concerns
Region of Durham Planning and Economic Development
Comments as attached, see
Attachment 2
Region of Durham Works Department
Comments as attached, see
Attachment 3
Bell Mobility
No concerns
Rogers Cable
No concerns
Elexicon Energy
No concerns
Municipality of Clarington
Committee of Adjustment
B2024-0035
Page 2
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Coordinator at 905-623-3379 ext. 2131.
Date of Meeting: June 27, 2024
File Number: B2024-0035
Address: 11 Duke Street, Bowmanville
Report Subject: Seeking consent to facilitate the creation of a new 427.7 square metres
residential lot (Parts 2 and 3) while retaining a 509.5 square metre
residential lot (Part 1). A 59.4 square meter private shared easement (Part
3) is also proposed. This file is associated with the provisionally approved
minor variance applications is A2023-0016 and A2023-0017.
Recommendations:
1. That the Report for Consent file B2024-0035 be received.
2. That all written comments and verbal submissions are considered in the deliberation
of this application.
3. That application B2024-0035 for consent be approved subject to the conditions herein.
4. That all interested parties listed in this report be forwarded a copy of the Committee's
decision.
Municipality of Clarington
Committee of Adjustment
B2024-0035
Page 3
1.1 Owner:
13296415 Canada Corporation c/o., Daniel Hogenbirk c/o
1.2 Applicant:
North Lakes Developments c/o., Katrina Metzner
1.3 Proposal:
Seeking consent to facilitate the creation of a new 427.7
square metres residential lot (Parts 2 and 3) while
retaining a 509.5 square metre residential lot (Part 1). A
59.4 square meter private shared easement (Part 3) is
also proposed. This file is associated with the provisionally
approved minor variance applications is A2023-0016 and
A2023-0017.
1.4 Area of Existing Lot: 937.2 square metres
1.5 Area of Severed 427.7 square metres
1.6 Area of Retained 509.5 square metres
1.7 Zoning: Urban Residential Type One (R1) Zone within Zoning By -
Law 84-63.
1.8 Clarington Official Plan Urban Residential Area
Designation:
1.9 Heritage Status: None
1.10 Water/Sanitary Supply: Municipal
Municipality of Clarington
Committee of Adjustment
B2024-0035
Land Division Application: B2024-0035
Nature of Application: Creation of a new lot
Municipality: Clarington
Clahloon Address: 11 Duke Street
rr
Part 1 - Retained Parcel N
L Part 2 - Severed Parcel F
Part 3 - Private Shared Easement s
0 5 10 20 30 40
Meters
Figure 1 — Aerial Plan of the Subject Lands
Page 4
Municipality of Clarington
Committee of Adjustment
B2024-0035
2. Background
Page 5
2.1 On March 131h, 2023, the Planning & Infrastructure Services Department
received two minor variance applications to support a land severance application
(LD2023-024). The minor variance applications sought relief from several
Neighbourhood Character Overlay zoning regulations to facilitate a severance of
land for 11 Duke Street.
2.2 On May 151h, 2023, the inaugural consent application hearing was held. The
application was tabled by the Durham Region's Land Division Committee at the
request of the Municipality of Clarington (see Attachment 4).
2.3 In April 2023, while reviewing both minor variance applications (cross-referenced
A2023-0016 & A2023-0017), Staff were made aware of concerns regarding
drainage, encroachment related to the front stairs, and issues with the site design
for the proposed severed and retained parcels. To address these concerns, Staff
recommended deferring both applications for 60 days to the Committee of
Adjustment, allowing time for the applicant and owner to resolve the identified
issues before the Committee's hearing on April 27, 2023 (see Attachment 5).
2.4 At the July 13th, 2023, Committee of Adjustment hearing, A2023-0016 & A2023-
0017 were approved (see Attachment 5).
2.5 On June 11, 2024, the applicants notified Staff that the owner of 7 Duke Street
had withdrawn their consent to allow the use of an existing shared private
driveway between 7 Duke Street and 9 Duke Street, which was intended to
provide additional parking access for the severed and retained parcels at 11
Duke Street. The previous arrangement with the applicant/owner in 2023 was to
reposition the proposed single detached dwelling on the severed parcel closer to
the street, with supplementary parking located at the rear, in order to meet the
minimum parking requirement for two additional dwellings, totaling a minimum of
four parking spaces. Under this plan, there would have been two parking spaces
in the front and three spaces at the rear of the proposed dwelling on the severed
parcel.
2.6 On September 19th, 2024, Staff informed the applicants that they supported
relocating the proposed single detached dwelling on the severed parcel further
back and allowing a shared private easement across the severed parcel to
provide access to the retained parcel from Duke Street. Additionally, Staff
advised the applicants that they supported lifting the deferral on their consent
application and noted that a minor variance application would be required to
address zoning deficiencies arising from moving the proposed dwelling further
back on the severed parcel, beyond what was covered by minor variances
A2023-0016 (for the retained parcel) & A2023-0017 (for the severed parcel) in
the previous proposal.
Municipality of Clarington
Committee of Adjustment Page 6
B2024-0035
2.7 On October 15, 2024, North Lakes Developments submitted an application for
consent to sever lands located at 11 Duke Street, Bowmanville. The proposed
application aims to create one (1) severed lot and one (1) retained lot. The lot
divisions related to this application are outlined in the draft reference plan shown
in Figure 2 below. On the same day, a minor variance application (A2024-0050)
was also submitted to address zoning deficiencies related to the proposed built
form on the severed parcel, specifically the relocation of the proposed single
detached dwelling further back.
2.8 Zoning deficiencies related to the proposed parcel fabric for the severed parcel
were addressed through minor variance application A2023-0017. Built form
zoning deficiencies for the previous proposal were addressed through minor
variance application A2023-0016 for the proposed retained parcel and through
minor variance application A2023-0017 for the proposed severed parcel. Minor
variance application A2024-0050 will be a condition of approval for the consent
application, which the applicant will need to fulfill. Minor variance application
A2024-0050 was deemed incomplete by Staff and was not able to proceed to the
November 28th Committee of Adjustment hearing. Minor variance application
A2024-0050 will be brought to a future Committee of Adjustment meeting once
the application is deemed complete by Staff and requested information is
submitted by the applicant to the Municipality. The dwelling shown in Figure 2
below is existing and is proposed to remain on the retained parcel (identified as
Part 1 in the draft 40R plan).
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Figure 2 — Draft 40R reference plan showing proposed consent application lot fabric.
Municipality of Clarington
Committee of Adjustment
B2024-0035
3. Land Characteristics and Surrounding Uses
Page 7
3.1 The subject lands are located at 11 Duke Street in Bowmanville. The existing lot area
is approximately 937.2 square metres in size. The property has a lot frontage of
approximately 18.56 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
building on the property that will remain on the proposed retained parcel.
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, 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 not received any inquiries regarding
the proposal.
5. Provincial Policy
Planning Act
5.1 Section 53(12) of the Planning Act requires that the criteria set out under Section
51(24) shall be given regard for matters such as: health, safety, convenience,
accessibility for persons with disabilities and welfare of the present and future
inhabitants of the municipality when considering an application for consent. For
the purposes of this review, it is the opinion of the Planning and Infrastructure
Services Department that the proposed application is consistent with the criteria
(a) — (m) of Section 51(24) under the act.
Provincial Planning Statement (2024)
5.2 Section 2.2 Housing: Planning authorities shall provide for an appropriate range
and mix of housing options and densities to meet projected needs of current and
future residents of the regional market area by: permitting and facilitating all
types of residential intensification, introduction of new housing options within
previously developed areas, and redevelopment, which results in a net increase
in residential units in accordance with policy 2.3.1.3.
5.3 Section 2.3 Settlement Areas: Settlement areas shall be the focus of growth
and development. Land use patterns within settlement areas shall be based on
densities and a mix of land uses. Land use patterns within settlement areas shall
also be based on a range of uses and opportunities for intensification and
redevelopment application is consistent with the criteria within the PPS.
Municipality of Clarington
Committee of Adjustment
B2024-0035
Page 8
5.4 The subject application will facilitate the intensification of a previously developed
area and assist in meeting current and projected housing needs. It is the opinion
of the Planning and Infrastructure Services Department that the proposed
application is consistent with the Planning Act, R.S.O. 1990, c. P.13, and
Provincial Planning Statement (2024).
6. Official Plan
6.1 The proposed consent application is subject to policies within Section 23.7 -
Severances of the Clarington Official Plan.
Official Plan Policy 23.7
Addressed
a) Scattered residential development
Planning Staff are satisfied that this
throughout the Municipality shall be
application does not result in scattered
prohibited
residential development.
b) Ribbon development along arterial
Planning Staff are satisfied that this
roads shall be prohibited and direct
application does not result in ribbon
access from arterial roads shall generally
development and the property is not
be restricted
situated along an arterial road.
c) Severances shall meet the
The Durham Region's Works Department
requirements of the Region of Durham
has no objection to the granting of
and applicable provincial agencies,
approval for the above noted severance
regarding the provision of sewage
application (See Attachment 3).
disposal and water services, and may
include entering into an agreement with
the Region of Durham
d) Severances shall only be given when
The subject lands have frontage along a
land fronts on an open and maintained
Municipally opened and maintained road.
public road. Notwithstanding, a
The subject consent does not result in the
landlocked parcel related to a land
creation of a landlocked parcel of land.
assembly for future development in
conformity to this Plan may be created
Municipality of Clarington
Committee of Adjustment
B2024-0035
Page 9
e) The size of any parcel of land created
Application is consistent in keeping with
by severance should be appropriate for
the character of the surrounding
the use proposed in keeping with the
neighbourhood and conforms to the
character of the surrounding
development policies within the Official
neighbourhood and no parcel should be
Plan and Zoning by-law.
created which does not conform to the
provisions of this Plan and the
implementing Zoning By-law
f) Severances shall not be granted for
Development Engineering is satisfied that
land adjacent to a road from which
this development does not create a traffic
access is to be obtained if a traffic hazard
hazard. See Attachment 1.
would be created because of limited sight
lines on curves or grades
g) Severances to be granted shall be
This application to create a new lot is
conditional upon the applicant meeting all
subject to the fulfillment of Municipal
requirements of the Municipality, financial
conditions — (See page 12 of this report)
and otherwise, and may include an
agreement being entered into with the
Municipality
h) The Municipality is satisfied that a plan
This application will result in the creation
of subdivision is not required. Generally,
of one (1) new lot and Staff are satisfied
3 lots are considered the maximum
that this consent application would not
number of new lots that may be created
require a draft plan of subdivision.
by severances from a parcel of land
i) Where a property has more than one
Not applicable. The subject lands are not
land use designation, a land severance
under multiple land use designations.
along the boundary of two different
designations is permissible provided the
severance does not contravene any
applicable policies of this Plan
Municipality of Clarington
Committee of Adjustment
B2024-0035
Page 10
j) In the Agricultural and Rural
The subject applications does not result
designations, any severance applications
in the creation of a new lot within an
for agricultural, farm -related uses, and
Agricultural or Rual land use designation.
farm -related industrial/commercial uses
shall only be permitted in accordance with
Sections 13.3.7, 13.3.8, 13.3.9, 13.3.11
and 13.3.12
k) The severance shall be in compliance
Not applicable.
with the provisions of any site plan,
subdivision or any other development
agreements registered against the title of
the subject lands
6.2 For the purposes of this review, it is the opinion of the Planning and Infrastructure
Services Department that the proposal conforms to the severance policies under
Section 23.7 a) — k).
6.3 Clarington's Urban Structure is identified on Map B and consists of Built-up
Areas, Greenfield Areas, and Priority Intensification Areas. Development will be
focused within the delineated Built-up Areas and the Priority Intensification
Areas. The Priority Intensification Areas have been identified as the primary
locations to accommodate growth and the greatest mix of uses, heights and
densities. The subject lands are located within the built-up area of Bowmanville
6.4 The subject property is entirely designated Urban Residential within the
Clarington Official Plan. The predominant use of lands designated Urban
Residential shall be for housing purposes.
6.5 As per policy 9.4.6 in the Clarington Official Plan, the Municipality recognizes that
established neighbourhoods are stable but not static, the Municipality
encourages limited intensification in accordance with the criteria in Section 5.4.1
to ensure intensification projects are compatible with the adjacent
neighbourhood. Section 5.4.1 requires that redevelopment in established
neighbourhoods shall be designed to respect and reinforce the physical
character of the established neighbourhood having regard to the pattern of lots,
streets, blocks and the size and configuration of lots. Planning staff are satisfied
that the creation of a new lot for the subject lands is consistent with the lot fabric
of existing lots in the neighbourhood and can support the creation of a new single
detached dwelling.
Municipality of Clarington
Committee of Adjustment Page 11
B2024-0035
6.6 The subject lands are in a neighbourhood of historical character where new lot
creation shall be consistent with the built form pattern and historical context of
the area. The Neighbourhood Character Overlay (NCO) is comprised of various
lot patterns which suit the development of the proposed lots. Planning staff are
satisfied that the creation of a new lot for the subject lands is consistent with the
and historical context of the neighbourhood.
6.7 It is staff's opinion that the consent application conforms to the Clarington Official
Plan.
7. Zoning By -Law 84-63
7.1 The subject lands are entirely zoned `Urban Residential Exception (R1)' within
Zoning By-law 84-63. Permitted uses in the (R1) zone include single and semi-
detached dwellings as well as additional dwelling units (ADUs).
7.2 Residential built form within the NCO is subject to alternate regulations within the
zoning by-law that apply to the "Urban Residential Type One (R1) Zone" and all
special exceptions to that zone located within the NCO Section 12.2.1 of the
Zoning By-law.
7.3 Lot creation regulations for new lots within the (R1) zone are governed by the
provisions of Section 12.2 of Zoning By-law 84-63. This section outlines the
requirements for minimum lot area and frontage based on the dwelling type. The
applicants have indicated their intention to build a single detached dwelling on
the proposed severed parcel, which requires a minimum lot area of 460 square
metres and 15 metres of frontage. The proposed severed parcel falls short of
both the required lot area and frontage; however, these deficiencies were
addressed through minor variance application A2023-0017. The retained parcel
meets the minimum lot area and frontage requirements of the R1 zone. In
addition to the deficiencies addressed by minor variance applications A2023-
0016 and A2023-0017, which related to built form issues in the previous
proposal, further built form minor variances will be required and addressed
through application A2024-0050, once it is presented to the Committee of
Adjustment for review.
7.4 It is staff's opinion that the proposed use of the subject lands is permitted.
However, this consent application does not maintain the intent of the provisions
of Zoning By-law 84-63 since there are zoning deficiencies. Therefore, minor
variances to address additional built form zoning deficiencies in application
A2024-0050 is required as a condition of the approval for this consent
application.
Municipality of Clarington
Committee of Adjustment
B2024-0035
8. Recommendation
Page 12
8.1 Should the Committee deem it appropriate to approve the application, staff would
request that the approval be conditional upon the owner, applicant or agent
fulfilling the following conditions:
Requirements:
Section 1: General
That the applicant satisfies all the requirements of the Regional Municipality of
Durham Works Department, concerning the provision of regional services,
financial and otherwise as detailed in the Regional Works letter dated November
22, 2024.
2. That the applicant satisfies all the requirements of the Regional Municipality of
Durham Planning and Economic Development Department, financial and
otherwise as detailed in the Regional Planning and Economic Development letter
dated November 22, 2024.
3. That the applicant satisfies all the requirements of the Municipality of Clarington's
Development Engineering Division, financial and otherwise as detailed in the
Development Engineering letter dated November 12th, 2024.
4. The owner, applicant or agent must enter into a consent agreement with the
Municipality of Clarington.
5. The owner, applicant or agent must provide a draft Reference Plan with the
application which will be reviewed by the Planning and Infrastructure Department
and approved by the Municipality prior to registration; Registration of this
Reference Plan is done by the owner, applicant, or agent's surveyor at the
expense of the owner/applicant or agent and shall be completed prior to the
registration of the consent agreement.
6. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance
of a clearance letter.
7. Once all other conditions have been satisfied, the applicant shall engage their
solicitor to provide the Municipality with:
a. The original executed transfer/deed a duplicate original and one (1)
photocopy;
b. One copy of the registered reference plan;
c. An accompanying letter with a request that the severing transfer/deed be
stamped.
Municipality of Clarington
Committee of Adjustment Page 13
B2024-0035
Section 2: Planning Requirements
8. The applicant shall ensure that any new lots created through a severance,
whether retained or severed, comply with the applicable provisions of Zoning By-
law 84-63. In the case of the application B2024-0035, a minor variance
application (A2024-0050) is required to be approved to address built form zoning
deficiencies to push the proposed single detached dwelling further back on the
severed parcel.
9. To ensure that any new lot created through severance, whether retained or
severed comply with all applicable provisions of Zoning By-law 84-63. Staff will
review the registered reference plan once submitted to ensure compliance with
all applicable zoning provisions.
10. To ensure that any new lot created through severance, whether retained or
severed comply with all applicable provisions of Zoning By-law 84-63. Staff will
review the registered reference plan once submitted to ensure compliance with
all applicable zoning provisions.
11.That the applicant's solicitor shall prepare and submit a draft copy of the
proposed shared private easement documents for review by the Municipality of
Clarington.
12.That the applicant shall ensure any new easement/right-of-way complies with all
appliable provisions of Zoning By-law 84-63.
13. The applicant shall pay the Municipality an amount in lieu of conveying land for
park or other public recreational purposes under Section 53 (12.1) and (13) of the
Planning Act, R.S.O,c.P.13. This payment is equivalent to 5% of the value of the
severed parcel. To determine the value of the land, the applicant shall retain a
certified Land Appraiser to prepare a land appraisal.
Advisory Notes
It is the owner, applicant/and or agent's responsibility to fulfill the conditions of
consent approval within two (2) years from the date of the notice of decision
pursuant to Section 53 of the Planning Act. We will issue no further notice or
warning of the expiration of the two-year period.
2. If the conditions to consent approval are not fulfilled within two (2) years from the
date of the notice of decision and the applicant is still interested in pursuing the
proposal, a new consent application will be required.
Municipality of Clarington
Committee of Adjustment
B2024-0035
Prepared by:
Jacob Circo
Acting Secretary -Treasurer, Committee of Adjustment
Planning and Infrastructure Services
Municipality of Clarington
Concurrence:
Page 14
This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner, who
concurs with the recommendations.
Staff Contact: Jacob Circo, Planner, (905) 623-3379 x2425 or jcirco .clarington.net.
Attachments:
Attachment 1 — Municipality of Clarington's Development Engineering Division's letter
dated November 12, 2024
Attachment 2 — Regional Municipality of Durham Planning & Economic Development
Department, letter dated November 22, 2024
Attachment 3 — Regional Municipality of Durham Works Department, letter dated
November 22, 2024
Attachment 4 — Minutes and decision from the Regional Municipality of Durham's Land
Division Committee hearing on May 15, 2023
Attachment 5—Clarington Staff Report for A2023-0016 & A2023-0017
Interested Parties:
The following interested parties will be notified of Committee's decision:
• Katrina Metzner on behalf of North Lakes Developments
• Daniel Hogenbirk on behalf of North Lakes Developments
• Clare Ashton
• Mark Hunter
• Michael Fry on behalf of D.G. Biddle & Associates
Attachment 1
ciffbooil
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: November 12, 2024
Subject: Land Division Application B-2024-0035
File: Applicant: Katrina Metzner on behave of North Lake Development
Address: 11 Duke Street, Bowmanville
Consent to facilitate the creation of new 427.70 m2 residential lot including Parts 2
and Part 3. Part 3 is proposed 59.4 m2 private shared easement while retaining a
509.5 m2 residential lot (Part1). This application is associated with approved minor
variance applications (A2023-0016, A2023-0017)
The applicant is required to submit a preliminary Grading Plan for review prior to
the minor variation application being approved.
Development Agreement
The applicant/owner must enter into a consent agreement with the Municipality
which includes all requirements of the Planning and Infrastructure Services
Department regarding the engineering and construction of all internal and external
works and services related to this proposal. These requirements include the
following:
Road Excavation
Excavation of Municipal roads is not permitted between December 1st and April
30'. An appropriate clause must be included in the consent agreement.
Parks Division
The applicant will be required to provide an appropriate cash contribution in lieu of
the normal parkland dedication.
FOLLOWING COMMENTS ARE REQUIRED AT BUILDING PERMIT STAGE
Building Permit Requirements
The applicant/owner must apply for a Building Permit with the Municipality which
includes all requirements of the Planning and Infrastructure Services Department
regarding the engineering and construction of all internal and external works and
services related to this proposal. These requirements include the following:
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
IyZ�IIIIi�."
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 Infrastructure Services.
The Grading Plan must demonstrate that there is no impact on any adjacent
properties as a result of this development.
The future STM connection from the site shall be made to the existing storm sewer
on Duke Steet. Depending on how the servicing Contract moves forward, the
applicant may be required to provide the Municipality with securities.
Entrance Permit
The applicant/owner must apply for an Entrance Permit to facilitate the
construction of an entrance from the subject property to Duke Street. The
applicant/owner will be responsible for any cost necessary in providing connecting
access which may include utility relocation, entrance paving, curb cuts, restoration,
and sidewalk adjustment. etc
More information on Entrance Permits can be found online at Clarington.net or
through By-law 2015-040.
Municipal Road Occupancy
The following notes must be provided on all applicable drawings:
"Respecting all work in the municipal right-of-way, the contractor is to provide at
least 48 hours prior notice to the Clarington Planning and Infrastructure Services
Department staff at (905) 623-3379".
"A Road Occupancy Permit will be required for any work done in the municipal
road allowance. Excavation of the road surface is not permitted between
December 1 st and April 30th".
"All restoration or work done in the road allowance must be completed as per
municipal field staff direction".
"The performance guarantee will not be refunded by the Municipality of Clarington
unless the works have been inspected by municipal representatives and deemed
to be complete and satisfactory".
Development Deposit
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
:IF01YzK1l1x19i
The applicant will be responsible to provide a Development Deposit in the amount
of $3,000.00 per lot. The deposit will include but not be limited to the following
works within the municipal right-of-way:
• Boulevard restoration including sodding.
• Replacement of any damaged sidewalks.
• Replacement of any street trees that are damaged or removed during
construction.
• Relocation of any utilities within the boulevard.
Once the work has been completed, the applicant will notify the Municipality and
the property will be inspected by municipal field staff to confirm that all
appropriate restoration within the municipal right-of-way is satisfactory and that
the grading generally meets the approved Lot Grading Plan provided with the
Building Permit.
The Development Deposit will be refunded when all works and restoration have
been completed to the satisfaction of the Director of Planning and Infrastructure
Services. Any decision with respect to the release of the guarantee will be made
at the sole discretion of the Director of Planning and Infrastructure Services.
Soil Management Report — 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 2008-114, as amended, and from the conservation authority for a
regulated area under their jurisdiction.
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
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
IyZ�IIIIi�."
submitted to the Director 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. It shall be noted that weight restrictions
are in effect on Municipal roads annually approximately between March 1 st
and April 30th. When in effect, vehicle loads are restricted to five (5) tonnes
per axle. Hauling plans must consider this restriction. Visit the Municipality of
Clarington Weight Restrictions webpage to confirm what roads are exempt:
Weight Restrictions - Clarington.
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.
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.
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
:IF01YzR1l1x10
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 Planning and Infrastructure Services
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.).
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 Infrastructure Services.
If you have any questions regarding the above -noted comments, please contact
Julia Antonova, Planning and Infrastructure Services Department.
K&,I
Karen Richardson, P.Eng.
Manager of Development Engineering,
Planning and Infrastructure Services
KR/J.A.
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 15
Attachment 2
The Regional
Municipality of
Durham
Planning and
Economic
Development
Department
605 Rossland Rd. E.
Level 4
PO Box 623
Whitby, ON L1 N 6A3
Canada
905-668-7711
1-800-372-1102
Email:
plan ning@durham.ca
durham.ca
Brian Bridgeman,
MCIP, RPP, PLE
Commissioner of
Planning and
Economic
Development
November 22, 2024
Tyler Robichaud
Acting Secretary/Treasurer
Committee of Adjustment
Planninq and Infrastructure Services
Municipality of Clarington
40 Temperance Street
Bowmanville ON L1 C 3A6
Dear Tyler:
Re: Application for Consent B2024-0035
Durham Ref.: LD 116-2024
Applicant: Katrina Metzner, on behalf of 13296415
Canada Corp.
Location: 11 Duke Street, Bowmanville
Municipality: Clarington
Hearing Date: November 28, 2024
RECOMMENDATION:
That application B2024-0035 be approved, subject to the following
conditions:
i). That an Archaeological Site Assessment of the subject site be
completed should any development or site alteration take
place on the parcel proposed to be added to the adjacent
lands. A clearance letter from the Ministry of Citizenship and
Multiculturalism shall be submitted to the Region for any
Archaeological work;
ii) That the applicant shall submit additional environmental work
in accordance with the Region of Durham's Soil and
Groundwater Assessment Protocol, to the satisfaction of the
Region of Durham Planning Division.
ii). That the applicants shall demonstrate to the satisfaction of the
Region of Durham, that all of the requirements listed in the
attached letter from the Region of Durham Works Department,
dated November 20, 2024, be satisfied.
If you require this information in an accessible format, please contact Planning Reception or call 1-800-
372-1102 extension 2548.
LD 116/2024
PURPOSE
The purpose of this application is consent to sever a vacant
427.7 square metre residential parcel of land (Parts 2 — 3 on the
Draft 40R Plan), retaining a 509.5 square metre residential
parcel of land (Part 1) with an existing semi-detached
dwelling. The application includes an easement (Part 3).
2. PLANNING ANALYSIS
Regional Official Plan (ROP) Conformity
The subject site is designated "Community Areas" in Envision
Durham, the new ROP which was approved by the Ministry of
Municipal Affairs and Housing on September 3, 2024.
Community Areas are to be planned for a variety of housing
types, sizes and tenures within connected neighbourhoods
that include population -serving uses.
The application appears to conform to the new ROP.
However, in accordance with Policy 11.3.10 of Envision
Durham, severances cannot be granted that are contrary to
the new ROP and/or any area municipal official plan. As such,
full conformity to the new ROP will be determined once a final
decision has been issued by the area municipality confirming
that the retained and severed parcels comply with the
requirements of the area municipality's zoning by-law.
Provincial Planning Statement, 2024
The 2024 Provincial Planning Statement (PPS) took effect on
October 20, 2024, repealing and replacing the Provincial
Policy Statement, 2020 and the Growth Plan for the Greater
Golden Horseshoe.
The PPS states that Planning authorities shall provide for an
appropriate range and mix of housing options and densities to
meet projected needs of current and future residents by
promoting densities for new housing which efficiently use land,
resources, infrastructure and public service facilities, and
support the use of active transportation, and by requiring
transit -supportive development and prioritizing intensification
in proximity to transit.
The subject site is located within the Bowmanville Urban Area,
which is intended to accommodate infill development and will
-2-
LD 116/2024
take advantage of existing infrastructure and any public
service facilities. As such, the application is consistent with the
policies of the PPS.
3. PROVINCIAL PLAN REVIEW RESPONSIBILITIES
We have reviewed this application for delegated Provincial
plan review responsibilities.
Soil and Groundwater Assessment Protocol
In accordance with the Region's Soil and Groundwater
Assessment Protocol, the proponent submitted a Site
Screening Questionnaire (SSQ), included with the application.
Since this application seeks to create a new lot, the Region
requires that the SSQ be signed by a Qualified Person under
the meaning of the Environmental Protection Act, to our
satisfaction.
Archaeological Potential
The Region's composite archaeological resources tool
identifies the subject site as being located within an area of
archaeological potential. Since most of the subject property
appears to be undisturbed, a licensed archaeologist will need
to complete an Archaeological Site Assessment.
The Assessment, and any further studies resulting from it,
must be completed and submitted to the Ministry of
Citizenship and Multiculturalism for their review and approval.
Once approved, a clearance letter issued by the Ministry must
be forwarded to the Regional Planning Division indicating that
all cultural heritage resource concerns on the site have been
satisfied.
4. AGENCY COMMENTS
Regional Works Department
The Region of Durham Works Department has indicated that it
has no objection to the approval of the above noted consent
application, subject to the applicant fulfilling the conditions
outlined in its commenting letter, dated November 20, 2024.
-3-
LD 116/2024
5. CONCLUSION
The application conforms with the policies of the Regional
Official Plan and the Provincial Planning Statement. As such,
the Region of Durham Planning Division recommends
approval of this application, subject to the applicant fulfilling
the conditions contained in this letter.
Yours truly,
Davt L Pe,-ky-
David Perkins
Project Planner
Attachment 3
The Regional
Municipality of
Durham
Works Department
605 Rossland Rd. E.
Level 5
PO Box 623
Whitby, ON L1 N 6A3
Canada
905-668-7711
1-800-372-1102
works@durham.ca
www.durham.ca
Sent Via email
November 20, 2024
Planning and Economic Development
Regional Municipality of Durham
605 Rossland Road East, 4t" Floor
P.O. Box 623 Whitby, ON L1 N 6A3
RE: File Number: LD 116/2024 (1132024-0035)
13296415 Canada Corporation
Agent: Katrina Metzner from North Lakes Development
11 and 13 Duke Street
Lot 1, Concession 11, Parts 23 & 24 Blk 9 of John Grant's
Plan
Municipality of Clarington
Dear Mr. Trombino,
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 vacant residential parcel
of land, retaining a residential parcel of land with an existing dwelling
and an additional dwelling unit to remain.
According to our water billing records, No. 11 Duke Street is
connected to the regional water and sanitary system supply. The
property is currently serviced by a 19 mm water service abutting the
retained parcel of land.
The applicant may also require the installation of a storm sewer
connection(s) as a condition of approval from the Municipality of
Clarington. The Region of Durham can include the installation of the
storm connection on behalf of Clarington with the installation of
Regional services. If the Region is installing new 150mm diameter
storm sewer connection(s), we will require a deposit of $15,000.00
per connection.
If you require this information in an accessible format, please call 1-800-372-1102 extension 3753.
11 and 13 Duke Street
Lot 1, Concession 11, Parts 23 & 24 Blk 9 of John Grant's Plan
Municipality of Clarington
Page 2 of 2
As a condition of approval for this application, the applicant will be required to pay to the
Region the costs of the water and sanitary connection for the severed lot. In order 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:
1. Payment for one 25 mm water service connection at $4,830.00
$4,830.00 per connection (flat rate)
2. Payment for one sanitary service connection at $4,035.00
$4,035.00 per connection (flat rate)
The total amount owing at the current rate is $8,865.00. Payment shall be made by
certified cheque or credit card. The above fees are subject to revision on January 1,
2025.
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 system for the severed lands in accordance with the Region's
Foundation Drain Policy.
If you have any questions, please contact the undersigned.
Sincerely,
Michelle Rea
Development Approvals Technician
Michelle. Rea(o)_durham.ca
905-668-7711 x 1298
Attachment 4
Land Division Committee — Minutes
Monday, May 15, 2023
Appendix 12.
The Regional Municipality of Durham
Land Division Committee Meeting
Minutes
Page 54 of 56
As per: The Planning Act,
and in accordance with the Provincial Rules of Procedure
Consent Application heard on: Monday, May 15, 2023
File: LD 024/2023
Submission: N/A
Owner: 2774626 Ontario Inc. DBA: 2774626 Ontario Inc.
Agent: D.G Biddle & Associates
Location: 11 DUKE ST, Clarington, ON
Municipality: Municipality of Clarington
Consent to server a vacant 445.8 M2 residential parcel of land, retaining a
491.9 M2 residential parcel of land with an existing semi-detached dwelling
to remain. Application includes an access easement
The Committee member visited the site on Saturday, April 29, 2023 and
confirmed the property was properly posted.
Present was:
Agent: M. Fry and A. Prescott - D.G Biddle & Associates
Ms. A. Prescott explained the nature of the application and provided the
committee with an overview of the intent of the application. She indicated there
was a related minor variance application also pending.
The agents for the application also advised the Committee that the applicable lot
creation policies would permit the proposed residential lot and residential uses.
They also advised the Committee that they were agreeable with the agency
tabling recommendations.
A written submission was received on May 7, 2023 from Mark Hunter, area
resident.
Land Division Committee — Minutes
Monday, May 15, 2023
Page 55 of 56
The Committee had for information reports received from the Regional
Municipality of Durham Planning and Economic Development, and Works
Departments, Municipality of Clarington.
Agency comments were provided electronically to Mr. M. Fry, agent for the
applicant.
Motion of the Committee
Moved by: L. Roberts Seconded by: P. Uprety
Having reviewed and considered all of the agency comments and heard the oral
submission, I hereby move that application LD 024/2023 be tabled, at the expense of
the applicant for up to two (2) years and no later than May 2025. 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 024/2023 on Monday, May 15, 2023.
Alex Georgieff — Town of Whitby
Kitty Bavington — Town of Brock
Lori Roberts — Town of Ajax
Pralhad Uprety — City of Oshawa
Eric Hudson — City of Pickering
Land Division Committee — Minutes
Monday, May 15, 2023
Paul Allore — Town of Scugog
Gerri Lynn O'Connor — Township of Uxbridge
Bradley Whittle — Municipality of Clarington
P. Aguilera, Assistant Secretary -Treasurer
Page 56 of 56
Attachment 5
ciffftwil
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: July 13, 2023
File Number: A2023-0016 & A2023-0017
Address: 11 B 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 Om 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
Om 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: 11 B 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 11 B 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 13t", 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 11 B 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 27t" 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 11 B 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
Development Engineering will continue to work with the Applicant to address
the grading design for the site;
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.
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oo��••- - - .
9 _'I —b' ,.,.` w,zl- ^--seaf x.r3rxi•c PART 2
PART j
Y
10
4 CCC
Ot
8 13 DU
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PART 4
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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:
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 Om 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
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
