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HomeMy WebLinkAboutB2024-0042 1712 Nash Road Staff ReportClarington Planning and Infrastructure Services Committee of Adjustment Summary of Comments Submitted B-2024-0042 (X-Ref: 1-132023-034, 1-132023-036, A2024-0003) 1712 Nash Road, Courtice, ON City Departments / External Agencies Comment Clarington Development Review Division Comments as attached Clarington Building Division N/A Clarington Development Engineering Division N/A Region of Durham Planning and Economic Development N/A Region of Durham Works Department N/A Municipality of Clarington Committee of Adjustment B-2024-0042 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 Numbers: B-2024-0042 (X-Ref LD2023-034, LD2023-036, A2024-0003) Address: 1712 Nash Road, Courtice Report Subject: B-2024-0042; Seeking consent to facilitate the creation of a new residential lot. Recommendations: 1. That the Report for Consent file B-2024-0042 be received. 2. That all written comments and verbal submissions are considered in the deliberation of this application. 3. That application LD2023-036 (B-2024-0042) for consent be lifted from the table and 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 B-2024-0042 1.1 Owner: 1.2 Applicant: 1.3 1.4 Page 3 Wayne Best Robert Best Proposal: B-2024-0042; Legacy consent application LD2023-0036 is being lifted from the table in place of LD2023-0034 which has been withdrawn by the applicants. LD2023-0034 received provisional consent on July 10th, 2023, and subsequently all conditions have been fulfilled to the satisfaction of the Region of Durham's Planning Department (former approval authority) and the Municipality. Technical errors in the original application form prevented the applicant's final deed from being stamped. The purpose of this application is to amend the errors in the legal description noted on the original application form. The effect of the application remains the same; to sever a 704.6 square metre semi-detached building lot and to retain a 704.6 square metre semi- detached building lot from an existing 1,506.88 square metre parcel of land. Area of Existing Lot: 1.5 Area of Severed: 1.6 Area of Retained 1.7 Zoning: 1.8 Clarington Official Plan Designation: 1.9 Heritage Status 1,506.88 square metres (0.150 ha) 704.6 square metres (0.070 ha) 704.6 square metres (0.070 ha) `Urban Residential Exception (R1-33) Zone' within Zoning By-law 84-63. Urban Residential Area None 1.10 Water / Sanitary Supply: Regional Water and Sewer Municipality of Clarington Committee of Adjustment B-2024-0042 Land Division Application: B2024-0042 Nature of Application: Creation of a new lot Municipality: Clarington ��j i�[[ woff. Address: 1712 Nash Road Retained Parcel - severed Parcel Conveyed Parcel Page 4 0 12.5 25 s0 75 100 Meters Figure 1 — Lands subject to consent application. Municipality of Clarington Committee of Adjustment Page 5 B-2024-0042 2. Background 2.1 An application for consent was submitted through the Region of Durham's Planning Department in 2023 comprising of 3 applications for the creation of 3 new lots. The proponent's intent of these applications was to take the existing lot and sever to accommodate the construction of two sets of semi-detached dwellings for a total of four dwelling units (four conveyable lots). The Municipal file numbers were LD2023-034, LD2023-035 and LD2023-036 and the regional file number was B-039/2023. 2.2 On July 10th, 2023, the applications were heard at the Region of Durham's land division committee meeting resulting in the conditional approval of LD2023-034 which reflects the configuration of the subject application to create one new lot as seen above in Figure 1. Applications LD2023-035 and LD2023-036 were tabled as they were considered pre -mature. 2.3 Since provisional consent was granted for LD2023-034, the applicants have been working with the Municipality and the Region to fulfill conditions stated in the Regional Land Division Committee's Decision of Monday, July 10th, 2023. On August 29th, 2024, the Municipality sent the Region a clearance letter stating that the applicant has fulfilled Condition No. 3 as per the Region's Land Division Committee decision. 2.4 To obtain the final stamped deed, the applicant is to submit a deed package and certificates which reflect the application form and r-plan that was submitted with the consent applications. As the R-plan and application stated the creation of 3 new lots and was not revised, the deeds could not be stamped. 2.5 This technical error resulted in the applicant having to withdraw LD2023-034 and LD2023-035. 2.6 The subject application is fully supported by both the Region of Durham and the Municipality of Clarington as clearance has been provided by both agencies. The purpose of this application is strictly to revise a technical error on the application form in order to satisfy the parties involved in completing the consent process. Tc avoid the applicant having to submit a new application and fee, they requested to lift the previously tabled application (LD2023-036) and revised the application form and r-plan (see Figure 2). Due to the approval authority changes coming into effect on January 1st, 2024, the Municipality created a new file number to process the lifted application (B-2024-0042). Municipality of Clarington Committee of Adjustment B-2024-0042 iB Of 44DGE 1.2 S P9 Page 6 (P1,P3AffilEAS) (P1,P3&MEAS) IB N 71'05'50'E 113 32.00 (1 oU5} 16.60 — � 48.00 — J.0m 'WOE HEDGE ~ W V1 W = rnM boo U, o 8 L_ evv 4 U ❑ tom,,r� E 4 = x I =wxrr � o O PART 1 �V M a da w� ' Z Al SEAS) Q h =x B:F. 0- � v r - ONE STOREY wZ ¢o VINYL SIDED "+10t No. 1716_ ¢ x� Ao yz o _ J V 4.2G (P2MEAS) Q 1 CL4 1 , � n W � 3A Illlll p W C ri CP a SEB (I am) 16.00 MCC F. N71*05'60'E PART 3 3200 SUBJECT TO EA FL- - {PI&SET) — — 32.40 {-I&SE'} — N71M'501 (P1,P2.&MEAS) PH: S-E. ANG!-E PB PA1OR- 991 LOT 74 R.P. Nf PIN KNOWN AS NASH ROAD PAR (ROAD ALLOWANCE BETWEEN CONCESSIONS 2 AND 3) PrN 26700-0002 Figure 2 — Plan 40R 32655 Registered June 25t", 2024 3. Public Notice and Submissions 3.1 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 60 metres of the subject lands. 3.2 At the time of writing this report, Staff have received no inquiries or opposition from members of the public for this proposed consent application. Municipality of Clarington Committee of Adjustment B-2024-0042 4. Departmental Comments Page 7 4.1 External agency and internal department circulation for commenting was not required as no changes or revisions were made to the configuration of the severed and retained lots. 5. Policy 5.1 A policy analysis has previously been completed as outlined in the Region's Staff report as well as the Municipality of Clarington comment letter pertaining to the application heard on July 10t", 2023. 6. Recommendation 6.1 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 Municipal conditions: Requirements: Section 1: General The owner, applicant or agent must submit a draft Reference Plan which will be reviewed by the Planning and Infrastructure Department to ensure compliance with all applicable zoning provisions and to be approved by the Municipal Staff prior to registration. Registration of the draft Reference Plan shall be completed 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. 2. The applicant is required to provide the Municipality of Clarington with a clearance letter issued by the Region of Durham stating that all Regional conditions (Planning and Works) have been satisfied/fulfilled. 3. The owner, applicant or agent must enter into a consent agreement with the Municipality of Clarington. 4. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance of a clearance letter. 5. 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 B-2024-0042 Section 2: Planning Requirements Page 8 6. 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. Prepared by: Tyler Robichaud Acting Secretary -Treasurer, Committee of Adjustment Planning and Infrastructure Services Municipality of Clarington Concurrence: This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner, who concurs with the recommendations. Staff Contact: Tyler Robichaud, Planner, (905) 623-3379 x2420 or trobichaud(o)_clarington.net. Interested Parties: The following interested parties will be notified of Committee's decision: Agent: Robert Best Land Division Committee — Minutes Monday, July 10, 2023 Appendix 4. The Regional Municipality of Durham Land Division Committee Meeting Minutes and Decisions Page 14 of 60 As per: The Planning Act, and in accordance with the Provincial Rules of Procedure Consent Application heard on: Monday, July 10, 2023 File: LD 034/2023 Submission: B 039/2023 Owner: Wayne Best and Lynne Best Agent: Ryan Best Location: 1712 NASH RD, Clarington, ON Municipality: Municipality of Clarington Consent to sever a 352.32 M2 residential parcel of land, retaining a 1056.96 M2 residential parcel of land. Existing dwelling to be demolished. The Committee member visited the site on click or tap to enter a date. and confirmed the property was properly posted. Applications LD 034/2023, LD 035/2023 and LD 036/2023 were heard in conjunction. Present was: Agent: Ryan Best Ryan Best explained the nature of the application and advised the Committee the three applications will ultimately facilitate a reconfiguration of the existing lot into four lots. He further clarified that the existing lot will see the construction of two sets of semi-detached dwellings for a total of four dwelling units. Committee Member B. Whittle asked the agent if he was aware of the requirement for a minor variance application and if he understood the implications of the request from the Municipality of Clarington to revise one of the applications and to table two of the applications. R. Best confirmed he was in receipt of the Municipality's comments but did not understand the request given he had planned to first sever all the lots and then Land Division Committee — Minutes Monday, July 10, 2023 Page 15 of 60 proceed with construction of foundations for the proposed dwellings. He further advised he would like to proceed as he had proposed. Committee Member B. Whittle advised the agent that he was inclined to accept the Municipality's recommendation. Secretary Treasurer L. Trombino advised the Committee and the applicant that the Committee had the ability to amend the application on the floor of the meeting and that should the application be amended, related applications LD 035/2023 and LD 036/2023 would have to be tabled and reconsidered by the Committee once and this application was approved and finalized. R. Best was agreeable to the above -mentioned process and requested the Committee amend application LD 034/2023 and table applications LD 035/2023 and LD 036/2023 as requested by Municipality of Clarington. The Committee had for information reports received from the Regional Municipality of Durham Planning and Economic Development, Health and Works Departments, Municipality of Clarington. Agency comments were provided to Ryan Best. Decision of the Committee Applicants/owners are responsible for fulfilling all conditions. Moved by: B. Whittle Seconded by: K. Bavington Having reviewed and considered all the agency comments, and heard the oral submission, I hereby move that application LD 034/2023, be approved, as amended, as it generally complies with all applicable plans and policies, subject to: Conditions That the applicant satisfy the requirement of the Regional Works Department's letter dated Wednesday, June 28, 2023, financial and otherwise. 2. That the applicant satisfy the requirement of the Regional Planning and Economic Development Department's letter dated Friday, July 07, 2023. 3. That the applicant satisfy the requirement of the Municipality of Clarington's letter dated Thursday, July 06, 2023, financial and otherwise. 4. That the applicant submit two copies of a registered plan on the subject parcel. Land Division Committee — Minutes Monday, July 10, 2023 Page 16 of 60 5. That the consent be subject to the following periods: Last date for fulfilling Conditions is Friday, July 18, 2025. Expiry Date of Application LD 034/2023 is Monday, August 18, 2025. Clearing Agencies 6. That prior to the signing of the certificate by the Assistant Secretary -Treasurer that the consent has been given, the Assistant Secretary -Treasurer is to be advised in writing by the Regional Works Department that condition #1 has been carried out to its satisfaction. 7. That prior to the signing of the certificate by the Assistant Secretary -Treasurer that the consent has been given, the Assistant Secretary -Treasurer is to be advised in writing by the Regional Planning and Economic Development Department that condition #2 has been carried out to its satisfaction. 8. That prior to the signing of the certificate by the Assistant Secretary -Treasurer that the consent has been given, the Assistant Secretary -Treasurer is to be advised in writing by the Municipality of Clarington that condition #3 has been carried out to its satisfaction. 9. That prior to the signing of the certificate by the Assistant Secretary -Treasurer that the consent has been given, the Assistant Secretary -Treasurer is to be satisfied that the time periods outlined in condition #5 have been adhered to. Advisory Comments Once all of the conditions contained in the Committee's Decision are fully satisfied by the applicant, the applicant's solicitor must prepare and forward the legal document(s) with the applicable stamping fee to the Region of Durham Land Division Committee office, to the attention of the Assistant Secretary - Treasurer for review and approval with stamping. The document(s) will be returned to the solicitor for registration purposes. Failing receipt by the Assistant - Secretary Treasurer of the Deed Package by the requisite date, the application shall be deemed expired and shall lapse. Carried unanimously Signed by all members present and concurring that this is the Committee Decision of LD 034/2023 on Monday, July 10, 2023. Land Division Committee — Minutes Monday, July 10, 2023 Alex Georgieff — Town of Whitby Kitty Bavington — Township of Brock Lori Roberts — Town of Ajax Eric Hudson — City of Pickering Gerri Lynn O'Connor — Township of Uxbridge Bradley Whittle — Municipality of Clarington L. Trombino, Secretary -Treasurer Page 17 of 60 Last Date of Appeal of this Decision or any of the conditions therein is Tuesday, August 08, 2023. Please Note: Section 53(19) of the Planning Act has been amended and now indicates that only the applicant, the Minister, a specified person or any public body may appeal this Decision. Land Division Committee — Minutes Monday, July 10, 2023 Appendix 5. The Regional Municipality of Durham Land Division Committee Meeting Minutes Page 18 of 60 As per: The Planning Act, and in accordance with the Provincial Rules of Procedure Consent Application heard on: Monday, July 10, 2023 File: LD 035/2023 Owner: Wayne Best and Lynne Best Agent: Ryan Best Location: 1712 NASH RD, Clarington, ON Municipality: Municipality of Clarington Consent to sever a 352.32 M2 residential parcel of land, retaining a 704.64 M2 residential parcel of land. Existing dwelling to be demolished. The Committee member visited the site on click or tap to enter a date. And confirmed the property was properly posted. Applications LD 034/2023, LD 035/2023 and LD 036/2023 were heard in conjunction. Present was: Agent: Ryan Best Ryan Best explained the nature of the application and advised the Committee the three applications will ultimately facilitate a reconfiguration of the existing lot into four lots. He further clarified that the existing lot will see the construction of two sets of semi-detached dwellings for a total of four dwelling units. Committee Member B. Whittle asked the agent if he was aware of the requirement for a minor variance application and if he understood the implications of the request from the Municipality of Clarington to revise one of the applications and to table two of the applications. R. Best confirmed he was in receipt of the Municipality's comments but did not understand the request given he had planned to first sever all the lots and then Land Division Committee — Minutes Monday, July 10, 2023 Page 19 of 60 proceed with construction of foundations for the proposed dwellings. He further advised he would like to proceed as he had proposed. Committee Member B. Whittle advised the agent that he was inclined to accept the Municipality's recommendation. Secretary Treasurer L. Trombino advised the Committee and the applicant that the Committee had the ability to amend the application on the floor of the meeting and that should the application be amended, related applications LD 035/2023 and LD 036/2023 would have to be tabled and reconsidered by the Committee once and this application was approved and finalized. R. Best was agreeable to the above -mentioned process and requested the Committee amend application LD 034/2023 and table applications LD 035/2023 and LD 036/2023as requested by Municipality of Clarington. The Committee had for information reports received from the Regional Municipality of Durham Planning and Economic Development, Health and Works Departments, Municipality of Clarington. Agency comments were provided to Ryan Best. Motion of the Committee Applicants/owners are responsible for fulfilling all conditions. Moved by: B. Whittle Seconded by: K. Bavington Having reviewed and considered all of the agency comments and heard the oral submission, I hereby move that application LD 035/2023 be tabled, at the expense of the applicant for up to two (2) years and no later than July 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 035/2023 on Monday, July 10, 2023. Alex Georgieff — Town of Whitby Land Division Committee — Minutes Monday, July 10, 2023 Kitty Bavington — Township of Brock Lori Roberts — Town of Ajax Eric Hudson — City of Pickering Gerri Lynn O'Connor — Township of Uxbridge Bradley Whittle — Municipality of Clarington L. Trombino, Secretary -Treasurer Page 20 of 60 Please Note: Section 53(19) of the Planning Act has been amended and now indicates that only the applicant, the Minister, a specified person or any public body may appeal this Decision. Land Division Committee — Minutes Monday, July 10, 2023 Appendix 6. The Regional Municipality of Durham Land Division Committee Meeting Minutes Page 21 of 60 As per: The Planning Act, and in accordance with the Provincial Rules of Procedure Consent Application heard on: Monday, July 10, 2023 File: LD 036/2023 Owner: Wayne Best and Lynne Best Agent: Ryan Best Location: 1712 NASH RD, Clarington, ON Municipality: Municipality of Clarington Consent to sever a 352.32 M2 residential parcel of land, retaining a 352.32 M2 residential parcel of land. Existing dwelling to be demolished. The Committee member visited the site on click or tap to enter a date. and confirmed the property was properly posted. Applications LD 034/2023, LD 035/2023 and LD 036/2023 were heard in conjunction. Present was: Agent: Ryan Best Ryan Best explained the nature of the application and advised the Committee the three applications will ultimately facilitate a reconfiguration of the existing lot into four lots. He further clarified that the existing lot will see the construction of two sets of semi-detached dwellings for a total of four dwelling units. Committee Member B. Whittle asked the agent if he was aware of the requirement for a minor variance application and if he understood the implications of the request from the Municipality of Clarington to revise one of the applications and to table two of the applications. R. Best confirmed he was in receipt of the Municipality's comments but did not understand the request given he had planned to first sever all the lots and then Land Division Committee — Minutes Monday, July 10, 2023 Page 22 of 60 proceed with construction of foundations for the proposed dwellings. He further advised he would like to proceed as he had proposed. Committee Member B. Whittle advised the agent that he was inclined to accept the Municipality's recommendation. Secretary Treasurer L. Trombino advised the Committee and the applicant that the Committee had the ability to amend the application on the floor of the meeting and that should the application be amended, related applications LD 035/2023 and LD 036/2023 would have to be tabled and reconsidered by the Committee once and this application was approved and finalized. R. Best was agreeable to the above -mentioned process and requested the Committee amend application LD 034/2023 and table applications LD 035/2023 and LD 036/2023as requested by Municipality of Clarington. The Committee had for information reports received from the Regional Municipality of Durham Planning and Economic Development, Health and Works Departments, Municipality of Clarington. Agency comments were provided to Ryan Best. Motion of the Committee Applicants/owners are responsible for fulfilling all conditions. Moved by: B. Whittle Seconded by: K. Bavington Having reviewed and considered all of the agency comments and heard the oral submission, I hereby move that application LD 036/2023 be tabled, at the expense of the applicant for up to two (2) years and no later than July 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 036/2023 on Monday, July 10, 2023. Alex Georgieff — Town of Whitby Land Division Committee — Minutes Monday, July 10, 2023 Kitty Bavington — Township of Brock Lori Roberts — Town of Ajax Eric Hudson — City of Pickering Gerri Lynn O'Connor — Township of Uxbridge Bradley Whittle — Municipality of Clarington L. Trombino, Secretary -Treasurer Page 23 of 60 Please Note: Section 53(19) of the Planning Act has been amended and now indicates that only the applicant, the Minister, a specified person or any public body may appeal this Decision.