HomeMy WebLinkAboutA2024-0050 Staff ReportClarington
Summary of Comments Submitted
A2024-0050
11 Duke Street, Bowmanville
Planning and Infrastructure Services
Committee of Adjustment
Clarington Building Division
No concerns subject to
submitting a building permit
application for the proposal
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
A2024-0050 Page 2
Date of Meeting: January 23, 2025
File Number: A2024-0050
Address: 11 Duke Street, Bowmanville
Report Subject: A minor variance application to facilitate the construction of a new single
detached dwelling on the provisionally approved severed lot (associated
consent application # B-2024-0035) by increasing the maximum permitted
front yard setback from the established building line from 8.14 metres to
28.85 metres, and by decreasing the minimum required front yard soft
landscaping from 47% to 35%.
Recommendations:
That the Report for Minor Variance A2024-0050 be received.
2. That all written comments and verbal submissions are considered in the deliberation of
this application.
3. That application A2024-0050 for a minor variance to section 12.2.1 b. i) b) and section
12.2.1 d. ii) of Zoning By-law 84-63 to facilitate the construction of a new single
detached dwelling on the provisionally approved severed lot (associated consent
application # B-2024-0035) by increasing the maximum permitted front yard setback
from the established building line from 8.14 metres to 28.85 metres, and by decreasing
the minimum required front yard soft landscaping from 47% to 35 be approved as it
maintains the general intent and purpose of the Clarington Official Plan and the Zoning
By-law, 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
A2024-0050
1. Application Details
1.1 Owner: Dan Hogenbirk
1.2 Applicant: Katrina Metzner
Page 3
1.3 Proposal: A minor variance application to facilitate the construction of a
new single detached dwelling on the provisionally approved
severed lot (associated consent application # B-2024-0035) by
increasing the maximum permitted front yard setback from the
established building line from 8.14 metres to 28.85 metres, and
by decreasing the minimum required front yard soft landscaping
from 47% to 35%.
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:
1.11 Sewage Disposal
10.23 acres (0.09 hectares)
11 Duke Street, Bowmanville
Urban Residential Type One (R1) in the Neighbourhood
Character Overlay within Zoning By-law 84-63
Urban Residential Area
Secondary
Municipal Servicing
Municipal Servicing
Municipality of Clarington
Committee of Adjustment
A2024-0050
Page 4
Property Location Map
(BowmarrVille)
Area Subject To Minof Varian€a
11 Duke Street, Bowmarwrille
A O 4-0050
Figure 1: Property Location Map
Municipality of Clarington
Committee of Adjustment
A2024-0050
2. Background
Page 5
2.1 On March 13th, 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 15th, 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.
2.3 In April 2023, while reviewing both minor variance applications (A2023-0016 &
A20230017), 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 tabling 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.
2.4 At the July 13th, 2023, Committee of Adjustment hearing, A2023-0016 & A2023-0017
were approved.
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
A2024-0050
Page 6
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. 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 was approved as a condition of approval for consent application
B20240035 at the November 28th, 2024 Committee of Adjustment hearing.
2.9 On October 7th, 2024, the Planning and Infrastructure Services Department received a
minor variance application for 11 Duke Street.
2.10 The application seeks to facilitate the construction of a new single detached dwelling on
the provisionally approved severed lot (associated consent application # B-2024-0035)
by increasing the maximum permitted front yard setback from the established building
line from 8.14 metres to 28.85 metres, and by decreasing the minimum required front
yard soft landscaping from 47% to 35%.
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are located at 11 B Duke Street in Bowmanville and have frontage
along the north-east side of Duke Street (see Figure 1). The existing lot area is
approximately 0.23 acres in size. The property has a lot frontage of approximately 18
metres, and an approximate depth of 50 metres. There is an existing semi-detached
dwelling and an additional dwelling unit (ADU) in an accessory structure on the property.
3.2 The surrounding uses to the north, east, south and west are existing residential
properties consisting of single detached and semi-detached dwellings.
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 have not received any inquiries from members of
the public.
Municipality of Clarington
Committee of Adjustment
A2024-0050
5. Discussion
Maintain the intent and purpose of the Clarington Official Plan
Page 7
5.1 The subject lands are designated "Urban Residential Area" in the Clarington Official
Plan which permits a range of residential uses on the property.
5.2 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.
5.3 The size of any parcel of land created by a land severance should be appropriate for the
use proposed and remain in keeping with the character of the established
neighbourhood. Policy 5.4.1.a) of Clarington's Official Plan speaks to 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. This proposal conforms to Policy 5.4.1.a) of Clarington's
Official Plan as there are similar lot sizes for single and semi-detached dwellings within
the established neighbourhood and along Duke Street.
5.4 It is Staff's opinion that the requested variances maintain with the intent and purpose of
the Clarington Official Plan.
Maintain the intent and purpose of Zoning By -Law 84-63
5.5 The provisionally approved severed lot is zoned "Urban Residential Type One (R1)" and
is subject to the regulations of the Neighbourhood Character Overlay (NCO). Within the
NCO, the minimum front yard setback to the dwelling is the established building line.
The intent in the Zoning By-law of having an established building line as the front yard
setback within the Neighbourhood Character Area is to create a front yard setback that
promotes a more consistent streetscape, reflecting the character of the surrounding
houses in the immediate vicinity of a dwelling. The purpose of restricting the front yard
setback to a maximum of 2 meters from the established building line is to preserve a
consistent streetscape, considering areas with shallow front yards. However, this
property is not a shallow lot, and the proposed single detached dwelling still exceeds the
minimum required rear yard setback. The proposed single detached dwelling is required
to be recessed from the street to accommodate a shared private easement, which will
provide access from Duke Street to the provisionally approved retained parcel, as well
as to ensure the required parking spaces for the provisionally approved severed parcel.
Municipality of Clarington
Committee of Adjustment
A2024-0050
Page 8
5.6 The established building line is determined by averaging the setbacks of existing
principal buildings on one side of the street, across at least four (4) lots on both sides of
the subject lot within the same zoning category. Staff have calculated the established
building line to be at 6.14 metres. The required minor variance for this proposal is to
shift the proposed single detached dwelling from a maximum front yard setback of 8.14
meters (2 meters from the established building line of 6.14 meters) to 28.85 meters.
Initially, the proponents had collaborated with staff to use the existing driveway between
7 and 9 Duke Street for access and parking at the rear of 9 and 11 Duke Street (the
provisionally approved retained and severed parcels). However, this option is no longer
viable, and the only alternative is to provide access to the retained parcel through the
provisionally approved severed parcel. While the proposed single detached dwelling will
be set back significantly from the street, this minor variance is crucial for the
functionality of both the retained and severed parcels such as for parking and providing
access from the street. The previously approved interior side yard setbacks, as per
application A2023-0017, will still be maintained, including the minimum required rear
yard setback for the proposed single detached dwelling. Moving the proposed single
detached dwelling further back will preserve the current street view of the property while
enhancing the front yard with soft landscaping, creating a more visually appealing
entrance to the severed parcel, which the proponents are committed to as part of this
project.
5.7 The proposed variance seeks to reduce the minimum required front yard soft
landscaping on the severed lot from 47% to 35%, as originally approved in minor
variance application A2023-0017. The purpose of the front yard softscape requirement
is to ensure proper stormwater infiltration and a well -landscaped front facade. This
reduction is necessary to accommodate the minimum required parking spaces for the
proposed principal dwelling, as well as two additional dwelling units (ADUs) within the
single detached dwelling. Despite the reduction in front yard soft landscaping, the intent
of the zoning provision is for mitigating increased stormwater runoff is still being
maintained. Staff are satisfied that the layout of the proposed driveway, walkway, and
soft landscaping aligns well with the front facades of the surrounding neighborhood.
Additionally, the Development Engineering Division has raised no concerns with this
proposal. The proposed single detached dwelling is already under review through the
building permit process, and a building permit application has been submitted. The
Development Engineering Division also reviewed a preliminary grading plan for the
proposed before the minor variance application was submitted and has no concerns
regarding drainage or grading for the proposed development.
5.8 For the above reasons, it is staff's opinion that the application maintains the intent and
purpose of the Zoning by-law.
Municipality of Clarington
Committee of Adjustment
A2024-0050 Page 9
Desirable for the appropriate development or use of the land, building or structure
5.9 The permitted use for the subject property is residential. As proposed, Staff do not
anticipate any negative impacts on the neighbourhood and are of the opinion that the
proposed development will improve the usability of the property for the current and
future owners while contributing to the rental housing market in the Municipality. This
application would aide in reaching Municipal intensification targets with development
that can be supported by existing regional servicing infrastructure.
5.10 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
5.11 In considering whether the relief sought is minor, Staff note that this test is not simply a
question of numbers. The principal consideration is that of the potential impact the
variances may have on the surrounding neighbourhood, and whether that impact is
minor or acceptable.
5.12 The proposed variances conform to the general intent of the Clarington Official Plan
while maintaining the intent of the provisions of the Urban Residential (R1) zone within
Zoning By-law 84-63. The variances would allow the proposed lot to continue the
existing residential use within the community that is consistent with lots in existing
adjacent neighbourhood.
5.13 Due to the depth of the subject property for the provisionally approved severed parcel,
increasing the permitted setback from the established building line will have no impact
on the required rear yard or interior side yard. Additionally, Staff do not anticipate any
impact to the surrounding properties.
5.14 The proposed reduction to the front yard soft landscaping from 47% to 35% on the
provisionally approved severed lot, constitute a 9.7% and 12% decrease, respectively.
The proposed reductions are minor, and Staff do not anticipate any negative impacts to
the stormwater management on the subject lands or to the adjacent properties. For the
above reasons, it is staff's opinion that the minor variances requested are considered
minor in nature.
Municipality of Clarington
Committee of Adjustment
A2024-0050 Page 10
6. Conclusion
6.1 Given the above comments, Staff recommends that application A2024-0050 for a minor
variance to section 12.2.1 b. i) b) and section 12.2.1 d. ii) of Zoning By-law 84-63 to
facilitate the construction of a new single detached dwelling on the provisionally
approved severed lot (associated consent application # B-2024-0035) by increasing the
maximum permitted front yard setback from the established building line from 8.14
metres to 28.85 metres, and by decreasing the minimum required front yard soft
landscaping from 47% to 35 be approved as it maintains the general intent and purpose
of the Clarington Zoning By-law 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
Attachment 1: Development Engineering Comments
Interested Parties:
The following interested parties will be notified of Committee's decision:
Dan Hogenbirk
Katrina Metzner
Attachment 1
Clarington
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, Planning
and Infrastructure Services Department
Date: January 10, 2025
Subject: Minor Variance Application A2024 -0050
File: Applicant: Katrina Metzner on behave of North Lake Development
Address: 11 Duke Street, Bowmanville
Consent to facilitate the creation of new single detached dwelling on the previously
approved severed lot (Land Division application (B2024-0035) by:
increasing the maximum permitted front yard setback from the established
building line from 8.14m to 28.85 m
decreasing the minimum required front yard soft landscaping from 47% to
35 %
Development Engineering has reviewed the above -noted application and have no
objections to the proposal
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:
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 for securities.
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 MW*Wi p uglooftwt
Page
A-2024-0050
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 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.
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6
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A-2024-0050
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 Deputy CAO of Planning and
Infrastructure Services. Any decision with respect to the release of the guarantee
will be made at the sole discretion of the Deputy CAO of Planning and
Infrastructure Services.
Soil Management Report — Site Alteration
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
submitted to the Deputy CAO 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:
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
A-2024-0050
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 1st
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.
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 Deputy CAO of Planning and Infrastructure Services
determines appropriate under the Municipality's current Site Alteration Bylaw.
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.
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
A-2024-0050
10) Absolutely no alteration of either the source or destination site shall occur
until the Municipality has approved the Soils Management Plan and/or
SiteAlteration 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 Deputy CAO of Planning and Infrastructure Services.
If you have any questions regarding the above -noted comments, please contact
Julia Antonova, Planning and Infrastructure Services Department.
Kel.("kou�
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
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