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Home My WebLink AboutA2023-0036 Staff ReportClarington Summary of Comments Submitted A2023-0036 3698 Skelding Road, Clake Planning and Infrastructure Services Committee of Adjustment Municipal Departments / External Agencies Comment Clarington Development Review Division Comments contained within. Clarington Building Division No Comments. Clarington Development Engineering Division Comments as attached, see Attachment 1. Clarington Fire and Emergency Services Division Comments as attached, see Attachment 2. Municipality of Clarington Committee of Adjustment A2023-0036 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: January 23, 2025 File Number: A2023-0036 Address: 3698 Skelding Road, Clarke Report Subject: A minor variance application to section 4.4.1 of Zoning By -Law 2005-109 to permit a single detached dwelling on a lot that does not have frontage on and access to a street. Recommendations: 1. That the Report for Minor Variance Application A2023-0036 be received; 2. That all written comments and verbal submissions are considered in the deliberation of this application; 3. That application A2023-0036, for a Minor Variance to Section 4.4.1 of Zoning By - Law 2005-109 to permit a single detached dwelling on a lot that does not have frontage on and access to a street be denied, as it does not maintain the general intent and purpose of the Clarington Official Plan, or Zoning By-law 2005-109, is not desirable for the appropriate development or use of the land and is not 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 A2023-0036 1. Application Details 1.1 Owner: 1.2 Applicant: 1.3 Proposal: 1.4 Area of Lot: 1.5 Location: 1.6 Zoning: 1.7 Clarington Official Plan Designation: 1.8 Heritage Status: 1.9 Water Supply Page 3 Fourteen Estates Ltd., c/o Nikki Rondeau Aird Berlis LLP., c/o Matthew Helfand A minor variance application to section 4.4.1 of Zoning By -Law 2005-109 to permit a single detached dwelling on a lot that does not have frontage on and access to a street. 0.3400 acres (0.13 hectares) 3698 Skelding Road, Clarke Environmental Protection (EP) in Zoning By -Law 2005-109 Environmental Protection Area None Not Currently Available on Property 1.10 Sewage Disposal: Not Currently Available on Property Municipality of Clarington Committee of Adjustment A2023-0036 Page 4 gill 0 Q O x� LOT: 25w LOT24 LDT:23 CON:9 am CON:9 CON:9 J, 9055 9050 T00 V 00 N (� 00 N cfl �D h n CO tb c0 M W N CO N N O O O cOn r`9i r`Di rCOi m c ) cCO+� cf9-, cCO+% c~n r{`n r� M 9005 SKELDING ROAD o c M J - 8848 I LOT', 25 LOT: 24 LOT: 23 CON', S CON:8 8786CON: 8 L Property Location Map EEfiId Clarke " "k'"`°ry Area Subject To Minor Variance to° 3698 Skeldin9 RoadUM _ I Newcastle A2023-0036 Ontario Lake Figure 1: Property Location Map Municipality of Clarington Committee of Adjustment A2023-0036 Page 5 2. Background 2.1 Prior to the Province of Ontario beginning to enact planning legislation property owners were at liberty to subdivide their property without municipal consent, this was called "checkerboarding." This means that an owner to whom the Crown granted a 200-acre parcel could divide the parcel into smaller pieces and convey them to new owners by depositing deeds at the Land Registry Office. The creation of land parcels was largely a matter of the personal circumstances and preferences of individual landowners. 2.2 In 1946, the Province of Ontario passed the first version of the Planning Act, which gave municipalities the power to create and impose formal Official Plans. Subsequently, the Planning Act was updated to provide municipalities permissions to pass subdivision control by-laws that would make municipal consent a condition of severances of land. Eventually, under the Planning Act, municipal consents were made mandatory for nearly all severances, with or without a by-law in place. The subject lot was created prior to municipal consents being a requirement of the Planning Act, the lot is a legal lot within the Municipality. 2.3 On October 23rd, 2023, Planning Staff received an application for a Minor Variance from the applicant and owner of 3698 Skelding Road in Clarke. 2.4 Due to the complexity of the property location, Planning Staff initiated internal conversations with the Development Engineering Division and Legal Division in order to determine a Municipal position on the proposal. 2.5 One complex issue regarding property location is that the property is on an unopened right of way that does not have consistent all season maintenance. 2.6 In November 2024, following several internal discussions, Planning Staff reached back out to the applicant and advised that this application would not be supported as it does not meet the four tests of a Minor Variance application under the Planning Act. This will be described in further detail in Section 5 of this report. 2.7 The applicants have decided to pursue this application as a Minor Variance through the Committee of Adjustment. The application seeks to provide relief to Section 4.4.1 of Zoning By -Law 2005-109 to permit a single detached dwelling on a lot that does not have frontage on and access to a street that is open and maintained year round. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located on the north side of Skelding Road in Clarke. The property is west of Highway 35/115 and north of Concession Road 8. The property has an approximate lot area of 0.3400 acres (0.13 hectares), a frontage of approximately 30 meters, and a depth of approximately 45 meters. Municipality of Clarington Committee of Adjustment A2023-0036 3.2 The surrounding uses are as follows: • South — Woodland and Agricultural Fields • North- Woodland and Agricultural Fields • East — Woodland, Agricultural Fields, and Highway 35/115 • West — Woodland and Agricultural Fields 4. Public Notice and Submissions Page 6 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 Within the Clarington Official Plan, the subject property is designated "Environmental Protection Area." 5.2 The intent of the policies within the "Environmental Protection Area" designation is to protect significant components of the natural environment from the effects of human activity. As such, development on this land includes uses related to forest and wildlife management, agricultural and related uses, and well as low -intensity recreation in order to reduce the human impact on the natural environment. 5.3 Policy 23.9.2 in the Clarington Official Plan states that that where a legally conveyable lot existed prior to the approval of this Plan one single detached dwelling is permitted subject to the following: a. The use, erection, and location would have been permitted by the Zoning By -Law on November 15, 2001; b. The location has frontage on an open and maintained public road; c. Authorization from the Conservation Authority is provided; and d. The applicant demonstrates, in accordance with Section 3.4.18 of this Plan, to the extent possible, that the use, erection and location will not adversely affect the ecological integrity of the Oak Ridges Moraine. 5.4 Given that the subject property has never been on a portion of Skelding Road that is opened or a maintained public road, policies a and b as noted above cannot be met. Municipality of Clarington Committee of Adjustment A2023-0036 Page 7 5.5 Given the above noted reasons, it is Staffs opinion that the proposed minor variance does not meet the intent and purpose of the Clarington Official Plan. Maintain the general intent and purpose of Zoning By-law 2005-109 5.6 Within Zoning By-law 2005-109, the subject property is located within the "Environmental Protection (EP)" Zone. Prior to the adoption of Zoning By-law 2005-109 (the Oak Ridges Moraine By-law), the site was zoned "Agricultural (A)" in Zoning By- law 84-63, which permitted a single detached dwelling. By-law 2005-109 specifies that if permission to construct a single detached dwelling existed prior to the adoption of the Zoning By-law then residential use are permitted within the "EP" zones. 5.7 However, permission to build on an unopened and unmaintained road have never existed. Prior to the adoption of Zoning By-law 2005-109 Section (3.8.a) existed in Zoning By-law 84-63 that stated, "No building or structure shall be erected in any Zone, unless the lot fronts upon an improved public street, maintained year round." Following the adoption of Zoning By-law 2005-109 ii. Section 4.4.1 in Zoning By-law 2005-109 states that "No lot shall be used, and no building or structure shall be constructed or used on any lot unless such lot has frontage on and access to a street" with the definition of street being: "a road or public highway under the jurisdiction of the Municipality, the Region, or the Province that is maintained so as to allow normal use by motor vehicles throughout all seasons of the year, or a road or a public highway located within a registered plan of subdivision that has not yet been assumed by a public authority." 5.8 As neither Zoning By-law permits or permitted new construction on properties without access to an opened and maintained road. It is Staffs opinion that the proposed minor variance does not meet the intent and purpose of Clarington's Zoning By -Laws. Further, Staff have confirmed with the appropriate Departments that there are no plans to improve this section of Skelding Road (see attachment #2) Desirable for the appropriate development or use of the land, building or structure 5.9 As the subject property is located on an unopened and unmaintained road development or use of the land is not appropriate as there is no road to service this lot and thus it would contravene both Clarington's Official Plan, and Zoning By -Law 2005-109. Municipality of Clarington Committee of Adjustment A2023-0036 Page 8 5.10 In addition, Clarington's Fire and Emergency Services (EMS) has stated that in order to provide emergency services to the subject property the road would need to be opened and maintained and comply with Ontario Building Code 3.2.5. They've also stated that if the proposed building area is greater than 200 square meters then it will require on site water supply with a dry hydrant for firefighting. Division (see attachment #3). As a result, under the current condition's emergency services would not be able to access the property or have adequate water supply should an emergency occur. 5.11 Given the above noted contraventions with the Clarington Official Plan and Zoning By- laws and the noted safety concerns from Clarington EMS it is Staff's opinion that the minor variance requested is not appropriate development or use of the land, building, or structure. Minor in Nature 5.12 As outlined in several Sections throughout this report, the property is designated Environmental Protection Area under the Clarington Official Plan and zoned Environmental Protection (EP) under Zoning By-law 2005-109 as well as. Both the policies of the Official Plan and sections in the Zoning By-laws do not permit construction on properties with no access to an unopened Municipal Right-of-way. 5.13 Further, the Municipality currently has no plans to improve and and/or extend Skelding Road, as confirmed by the Manager of Development Engineering. 5.14 Finally, Clarington's EMS division have outlined significant safety concerns with regards to the ability to access the property in the event of any emergency. 5.15 For the above reasons, Staff do not consider the proposal to permit new construction on properties with no access to an unopened Municipal right-of-way to be minor in nature. 6. Concurrence 6.1 The Manager of Development Review, the Manager of Development Engineering, and the Municipal Associate Solicitor have reviewed this report and concur with the analysis and recommendations. 7. Conclusion 7.1 Given the above comments, Staff recommend denial of the application for a minor variance to Section 4.4.1 of Zoning By -Law 2005-109 to permit a single detached dwelling on a lot that does not have frontage on and access to a street; as it does not maintain the general intent and purpose of the Clarington Official Plan, or Zoning By-law 2005-109, is not desirable for the appropriate development or use of the land, and is not minor in nature. Municipality of Clarington Committee of Adjustment A2023-0036 Submitted by: �� Sarah Parish Secretary -Treasurer Committee of Adjustment at the Municipality of Clarington Staff Contact: Sarah Parish, Principal Planner, (905) 623-3379 x2432 or sparish(aD-clarington.net. Attachments: Attachment 1: Development Engineering Division Comments Attachment 2: Clarington Fire and Emergency Services Division Interested Parties: The following interested parties will be notified of Committee's decision: • Fourteen Estates Ltd., c/o Nikki Rondeau • Aird Berlis LLP., c/o Matthew Helfand Page 9 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: Sarah Parish, Principal Planner From: Karen Richardson, Manager of Development Engineering Date: January 13, 2025 Subject: Minor Variance Application A2023-0036 File: Applicant: Matthew Helfand, Aird Berli LLP Address: 3698 Skelding Road Part Lot 25, Concession 9, Former Township of Clarke, The applicant requires a Minor Variance to permit the construction of a single detached dwelling on a lot along Skelding Road. Roads and Traffic The Municipality will not permit new construction on properties with no access to an opened Municipal right-of-way. The Municipality currently has no plans to improve and/or extend Skelding Road. If you have any questions regarding the above -noted comments, please contact Julia Antonova, Planning and Infrastructure Services Department. Kel'&kc�L7�1-� Karen Richardson, P.Eng. Manager of Development Engineering, Planning and Infrastructure Services KR/JA 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 From: Norris, Jeff <JNorris@clarington.net> Sent: Tuesday, December 3, 2024 1:55 PM To: Parish, Sarah <SParish@clarington.net> Subject: RE: 3698 Skelding Court (A2023-0036) Hi Sarah, Yes, after looking at it through google maps .... this road would need to be maintained/open and comply with OBC 3.2.5 for our emergency apparatus to access the site location. In short: 1. Fire route will need to comply to OBC 3.2.5 and have required "No parking fire route" signs. Please provide dimensions of the fire route. 2. If the proposed building area is greater than 200 square meters, it will require on site water supply with a dry hydrant for firefighting. Regards, Jeff Norris Fire Prevention Officer Clarington Emergency and Fire Services Municipality of Clarington 40 Temperance Street, Bowmanville, ON 1-1 C 3A6 905-623-5126 ext. 2809 www.clarington.net