HomeMy WebLinkAboutA2024-0061 Staff ReportClarington
Planning and Infrastructure Services
Committee of Adjustment
Summary of Comments Submitted
A2024-0061
40M-2753: Block 58 Units 2-3, Block 59 Units 1-4, Block 60 Units 2-4,
Block 61
Units 2-3, Block 62 Units 2-5, Block 63 Units 2-5, Block 64 Units 2-3,
Bowmanville
Clarington Building Division
No concerns
Clarington Development Engineering Division
No concerns, see Attachment 1
Clarington Fire and Emergency Services Department
No concerns
Central Lake Conservation Authority (CLOCA)
No concerns
Municipality of Clarington
Committee of Adjustment
A2024-0047
Page 2
Date of Meeting: January 23, 2025
File Number: A2024-0061
Address: 40M-2753 Block 58 Units 2-3, Block 59 Units 1-4, Block 60 Units 2-4,
Block 61 Units 2-3, Block 62 Units 2-5, Block 63 Units 2-5, Block 64 Units
2-3, Bowmanville
Report Subject: A minor variance application to permit parking in the front yard for
townhouse units by reducing the minimum soft landscaping within the front
yard or exterior side yard from 40% to 30% for Units 2-3 within Block 58,
Units 1 to 4 within Block 59, Units 2-4 within Block 60, Units 2-3 within
Block 61, Units 2-5 within Block 62, Units 2-5 within Block 63, and Units 23
within Block 64 of registered plan 40M-2753.
Recommendations:
1. That the Report for Minor Variance A2024 — 0061 be received.
2. That all written comments and verbal submissions are considered in the deliberation of
this application.
3. That application A2024-0061 for a minor variance to section 5 of Zoning By-law 2024-
032 to permit parking in the front yard for townhouse units by reducing the minimum soft
landscaping within the front yard or exterior side yard from 40% to 30% for Units 2-3
within Block 58, Units 1 to 4 within Block 59, Units 2-4 within Block 60, Units 2-3 within
Block 61, Units 2-5 within Block 62, Units 2-5 within Block 63, and Units 2-3 within Block
64 of registered plan 40M-2753 be approved as it maintains the general intent and
purpose of the Zoning By-law and Clarington Official Plan, is desirable for the
appropriate development or use of the land, and is minor in nature.
4. That all interested parties listed in this report be forwarded a copy of Committee's
decision.
Municipality of Clarington
Committee of Adjustment
A2024-0047
1. Application Details
1.1 Owner: The Bowmanville Developments Inc
1.2 Applicant:
Howard Li
Page 3
1.3 Proposal: A minor variance application to permit parking in the front yard
for townhouse units by reducing the minimum soft landscaping
within the front yard or exterior side yard from 40% to 30% for
Units 2-3 within Block 58, Units 1 to 4 within Block 59, Units 2-4
within Block 60, Units 2-3 within Block 61, Units 2-5 within Block
62, Units 2-5 within Block 63, and Units 2-3 within Block 64 of
registered plan 40M-2753.
1.4 Location: 40M-2753 Block 58 Units 2-3, Block 59 Units 1-4, Block 60
Units 2-4, Block 61 Units 2-3, Block 62 Units 2-5, Block 63 Units
2-5, Block 64 Units 2-3, Bowmanville
1.5 Zoning:
1.6 Clarington Official
Plan Designation:
1.7 Heritage Status:
1.8 Water Supply:
Urban Residential Exception R3-31
Urban Residential Area
N/A
Municipal Servicing
1.9 Sewage Disposal: Municipal Servicing
Municipality of Clarington
Committee of Adjustment
A2024-0047
Figure 1: Property Location Map
Page 4
Municipality of Clarington
Committee of Adjustment
A2024-0047 Page 5
2. Background
2.1 On December 18, 2024, a minor variance application was submitted to the Municipality
of Clarington, which proposed the reduction in the minimum soft landscaping within the
front yard or exterior side yard from 40% to 30% for Units 2-3 within Block 58, Units 1 to
4 within Block 59, Units 2-4 within Block 60, Units 2-3 within Block 61, Units 2-5 within
Block 62, Units 2-5 within Block 63, and Units 2-3 within Block 64 of registered plan
40M-2753.
3. Land Characteristics and Surrounding Uses
3.1 The 7 Blocks (Blocks 58-64) are within the Treasure Hill Akero Subdivision in
Bowmanville. The subdivision is located south of Northglen Boulevard and west of
Middle Road (see Figure 1).
3.2 The surrounding land uses are residential to the north, south, east and west.
4. Public Notice and Submissions
4.1 Pursuant to the requirements of the Planning Act, the appropriate signage
acknowledging the application was installed on the subject lands. In addition, a public
notice was mailed to each landowner within 60 meters of the subject lands.
4.2 At the time of writing this report, Staff did not receive any inquiries from members of the
public.
5. Discussion
Maintain the intent and purpose of the Clarington Official Plan
5.1 The subject lands where the street townhouse blocks are situated, are designated
"Urban Residential Area" within the Clarington Official Plan. The designation is primarily
intended to be used for housing purposes and range of residential uses are permitted.
5.2 It is in Staffs' opinion that the variances requested maintain with the intent and purpose
of the Clarington Official Plan.
Municipality of Clarington
Committee of Adjustment
A2024-0047 Page 6
Maintain the intent and purpose of Zoning By-law 2024-032
5.3 By-law 2024-032 came into effect on August 1, 2024. This by-law, part of a series of
municipal housekeeping amendments presented to Council in June 2024, introduced a
change to the minimum landscaping requirements. Specifically, it replaced the previous
30% landscaped open space requirement in Section 3.16.c.iii) of Zoning By-law 84-63
with a new 40% soft landscaping requirement for the front yard and exterior side yards
of single, semi-detached, and townhouse dwellings. The intent of this change is to
promote effective stormwater management practices in both new and existing
neighborhoods, while enhancing community health and safety.
5.4 Treasure Hill is in the final stages of development for its subdivision and is currently at
the building permit stage, having received draft approval prior to By-law 2024-032 came
into effect. To align with the intent of the new soft landscaping requirements, the
developer is exploring the option of permeable pavers in the front and exterior side
yards of the proposed street townhouses. This approach will support effective
stormwater management, thereby respecting the intent of the soft landscaping
requirement introduced through By-law 2024-032.
5.5 The proposal intends to maintain sufficient front yard soft landscaping for each
townhouse unit and to ensure that the lands are not overdeveloped. Additionally, the
reduction in the front yard soft landscaping for the street townhouse dwellings will not be
detrimental to the overall residential character of the future neighbourhood. Three
parking spaces are being provided for each townhouse unit and the minimum parking
requirements are met.
5.6 For the above reasons, it is staff's opinion that the application maintains the intent and
purpose of the Zoning by-law.
Desirable for the appropriate development or use of the land, building or structure
5.7 The subject lands are within a registered plan of subdivision.
5.8 Furthermore, the applicant is not proposing any variances that would significantly alter
the registered plan of subdivision or streetscape of the future neighbourhood. The
reduction in the front yard soft landscaping will benefit future landowners as the models
were designed and marketed to buyers with an accessory dwelling unit; in which the
owner and tenant would benefit from a two -car parking driveway. This would minimize
the need for on street parking.
5.9 It is staff's opinion that the proposed minor variances do not significantly alter or have
any adverse effects on the provisionally approved lots themselves or surrounding
properties and are appropriate for the use of the land and building.
Minor in Nature
5.10 The proposed street townhouse dwellings lots are within a proposed plan of subdivision
where building has yet to begin. If the variance is approved, the varied lots will still
Municipality of Clarington
Committee of Adjustment
A2024-0047
Page 7
conform to the other zoning provisions of the "Urban Residential Exception (R3-31)"
zone.
5.11 The proposed minor variance deficiencies will have no adverse impacts on the
drainage, maintenance, or provision of private amenity space on the subject property.
5.12 It is in staff's opinion that the minor variances requested are minor in nature.
6. Conclusion
6.1 Given the above comments, Staff recommends that application A2024-0061 for a minor
variance to section 5 of Zoning By-law 2024-032 to permit parking in the front yard for
townhouse units by reducing the minimum soft landscaping within the front yard or
exterior side yard from 40% to 30% for Units 2-3 within Block 58, Units 1 to 4 within
Block 59, Units 2-4 within Block 60, Units 2-3 within Block 61, Units 2-5 within Block 62,
Units 2-5 within Block 63, and Units 2-3 within Block 64 of registered plan 40M-2753 be
approved as it maintains the general intent and purpose of the Clarington Zoning Bylaw
and Official Plan, is desirable for the appropriate development or use of the land and is
minor in nature.
Submitted by:
Nicklaus Gibson
Acting Secretary/Treasurer
Committee of Adjustment
Concurrence: This report has been reviewed by Sarah Parish, MCIP, RPP, Principal
Planner who concurs with the recommendations.
Staff Contact: Nicklaus Gibson, Planner I, 905-623-3379 ext. 2408 or NGibson(a)-clarington.net
Attachments:
Attachment 1 — Development Engineering Comments
Interested Parties:
The following interested parties will be notified of Committee's decision:
Howard Li
Nicole Zambri
Attachment 1
Clarbgton
MEMO
If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
To: Nicklaus Gibson, Planner I
From: Karen Richardson, Manager of Development Engineering
Date: January 10, 2025
Subject: Minor Variance Application A2024-0061
File: Applicant: Howard Li from The Bowmanville Developments Inc
Address: 181701008005900 Bowmanville
Part Lot 13, Concession 03, Former Township of Darlington
A minor variance application to permit parking in the front yard for townhouse units
by reducing the minimum soft landscaping within the front yard or exterior side
yard from 40 percent to 30 percent for Units 2 to 3 within Block 58, Units 1 to 4
within Block 59, Units 2 to 4 within Block 60, Units 2 to 3 within Block 61, Units 2 to
5 within Block 62, Units 2 to 5 within Block 63, and Units 2 to 3 within Block 64 of
registered plan 40M-2753.
Development Engineering has reviewed the application and have no objection
provided the applicant confirms that there will be no impact to the impervious area
calculations for the Development.
If you have any questions regarding the above -noted comments, please contact
Ajay Kumar Alagarsamy, Planning and Infrastructure Services Department.
Karen Richardson, P.Eng.
Manager of Development Engineering,
Planning and Infrastructure Services
KR/AKA
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