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HomeMy WebLinkAboutPDS-032-25Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: June 16, 2025 Report Number: PDS-032-25 Authored By: Nicole Zambri, Principal Planner, Development Review Submitted By: Darryl Lyons, Deputy CAO, Planning and Infrastructure Services Reviewed By: Mary-Anne Dempster, CAO By-law Number: Resolution Number: File Number: PLC-2025-0002 Report Subject: A Deeming By-law for 6763 Clemens Road, Block 14 of 40M-1978 not to be a registered plan of subdivision under Subsection 50(4) of the Planning Act Recommendations: 1.That Report PDS-032-25, and any related delegations or communication items, be received; 2.That the By-law attached to Report PDS-032-25, as Attachment 1, which is a by-law to deem Block 14 on Plan 40M-1978 not to be a registered plan of subdivision be approved; 3.That a certified copy or duplicate of the approved By-law be registered with the land registry office; 4.That the Region of Durham Community Growth and Economic Development Department and Municipal Property Assessment Corporation be forwarded a copy of Report PDS-032-25 and Council’s decision; and 5.That all interested parties listed in Report PDS-032-25, and any delegations be advised of Council’s decision. Municipality of Clarington Page 2 Report PDS-032-25 Report Overview Louis and Katherine Real have submitted an application requesting that Block 14 of Subdivision Plan 40M-1978 to no longer be within a registered plan of subdivision for the purpose of merging two abutting parcels of land to facilitate the development of an Additional Dwelling Unit (ADU). The lands are comprised of two individual parcels. The first parcel is not municipally addressed and is a vacant property (northern parcel). The second parcel is known municipally as 6763 Clemens Road in Tyrone and contains an existing single detached dwelling (southern parcel). The properties are identified as Block 14 of 40M-1978, which is within a plan of subdivision dated 1999 and the second parcel is not within a plan of subdivision and is identified as Part 1 of 10R-1038. 1. Application Details Owner: Louis and Katherine Real Agent: Dan Strike, Strike and Phillips LLP Proposal: Deeming By-law To deem Block 14 on Plan 40M-1978 to no longer be within a registered plan of subdivision for the purpose of merging two abutting parcels of land. Block 14 is proposed to merge with Part 1 of 10R-1038. Area: Block 14 of 40M-1978: 0.15 hectares (0.37 acres) Part 1 of 10R-1038: 0.16 hectares (0.41 acres) Total site area: 0.31 hectares (0.78 acres) Location: 6763 Clemens Road, Tyrone Roll Number: 1817-010110-06415 2. Background 2.1 The Owner requires approval of the deeming by-law in order to facilitate the construction of an Additional Dwelling Unit (ADU) on the subject lands. On June 12, 2024, a building permit application was submitted to construct an ADU within an accessory building by the owner. There is already an existing detached dwelling on the south parcel and in order to permit an ADU, the two parcels would need to merge as the Zoning By-law requires accessory detached ADUs to be on the same lot as the legally existing single detached dwelling. Both parcels are under one ownership but presently, Municipality of Clarington Page 3 Report PDS-032-25 the two parcels can be conveyed separately. The deeming by-law will enable the two parcels to merge into a single larger lot allowing the Owner to utilize the larger property. 2.2 The subdivision agreement for 40M-1978 states that Block 14 was to be transferred to the abutting lands immediately to the south of Block 14 as the parcel on its own was not suitable for individual development due to its size. Once the Plan was registered in 1999, the lands were transferred to the abutting landowner, which are the current landowners who have made the subject application. 2.3 Section 50 of the Planning Act prevents an owner from severing a portion of their property unless the owner can rely on one of the exceptions provided in the Planning Act. One of these exceptions is if the lands being transferred are the whole of a lot or block within a registered plan of subdivision. 2.4 Council can prevent an owner from using this exception by de -registering any plan of subdivision, or part thereof. The process of de-registering a block in a subdivision which is owned by the same owner of the abutting lands, has the effect of merging those lots into one parcel. Since Block 14 is part of a Plan of Subdivision, it cannot be merged with the abutting parcel unless a deeming by-law is approved which would deregister Block 14 from the plan of subdivision, allowing both parcels to then merge. 2.5 In 2000, the Owners also made a successful application to the Ontario Property Assessment Corporation to have the properties assessed under one roll number for the purposes of property taxes and wish to continue to have the two parcels treated as one lot. 2.6 A By-law under Subsection 50(4) of the Planning Act to deem the portion of the parcel within the registered plan of subdivision not to be a plan of subdivision is required to merge the two parcels into one single parcel. It would ensure the subject lands would remain consolidated and would prevent the owner from severing the individual parcels in the future unless a severance was approved under the Planning Act. This would also enable the Owner to be permitted an ADU on the subject lands. Municipality of Clarington Page 4 Report PDS-032-25 Figure 1 – Proposed Land Merger and Area Subject to Deeming By-law Municipality of Clarington Page 5 Report PDS-032-25 3. Land Characteristics and Surrounding Uses 3.1 The subject lands are located within the hamlet of Tyrone, south of Concession Road 7. The subject lands are at the southeast corner of Clemens Road and Grist Mill Court. The site consists of a single detached dwelling and accessory structures. The total site area is approximately 0.31 hectares. 3.2 Surrounding uses are as follows: North: Single detached dwellings East: Single detached dwellings South: Single detached dwellings, and beyond this, agricultural lands West: A single detached dwelling on agricultural lands 4. Discussion 4.1 The zoning regulations require ADUs on the same lot as the main dwelling. The Owner wishes to merge the two abutting parcels in order for the property to function as one parcel. The Owner has requested Council to enact the Deeming By-law to enable the merger, which would then allow the permission to have the ADU on the same lot as the single detached dwelling. By treating the two parcels as one whole lot, it would also maintain the other provisions of the Zoning By-law such as the lot coverage, interior side yard setback, and access from a public road. 4.2 The north parcel within the plan of subdivision currently has 0.3 m (1 foot) reserves along Clemens Road and Grist Mill Court which prevents vehicle access to the abutting public roads, if the lot was to remain on its own. By merging the parcels, it would enable the Owner to use the existing vehicle access from the south parcel. Alternatively, if the Owner required a second vehicle access, they would need to make a request to have the 1 foot reserve lifted and the reserve would become part of the right-of-way. 4.3 Both parcels are zoned Residential Hamlet (RH) which requires a minimum lot area of 4,000 square metres and a lot frontage of 30 metres. Once combined, the lot area would be 3,157 square metres and the lot frontage would be 52 metres. Both parcels are undersized on their own and still will be less than the minimum lot area once combined, however, Section 3.7 a. of Zoning By-law 84-63 states that where a lot having lesser lot area or frontage than required was legally conveyable prior to the date of passing of this by-law, such smaller lot may be used and a building or structure may be erected on such smaller lot provided all other applicable zone provisions are complied with. In this case the existing lot which contains the single detached lot was a legally separately conveyable lot and therefore can continue to be used for the purposes Municipality of Clarington Page 6 Report PDS-032-25 permitted in the RH Zone. By combining the two lots, it will enhance the usability of the lot and advance the permission for the ADU. 4.4 Plan of Subdivision 40M-1978 was registered on September 3, 1999 and according to the Act, in order to deem a Block not part of a registered plan of subdivision, the Plan must be registered for eight years or more. Staff have no concerns with the request as it promotes the establishment of an ADU, enhances the usability of the lot, and improves a legal or technical matter. 4.5 Staff recommends Council pass the Deeming By-law for 6763 Clemens Road based on the specific circumstances. The Deeming By- law does not require Public Notice or a Public Meeting prior to the passing of the By- law, nor is there an appeal period under the Planning Act. 5. Financial Considerations 5.1 Not Applicable. 6. Strategic Plan 6.1 The proposed development has been reviewed against the pillars of the Clarington Strategic Plan 2024-27. Clarington’s Strategic Plan prioritizes applications which create growth in a resilient, sustainable, and complete way. The proposal would facilitate the development of an ADU and conforms with Clarington’s Strategic Plan. 7. Climate Change 7.1 This application has been reviewed by Staff in relation to climate change impacts and have determined that there are no direct linkages. 8. Concurrence 8.1 This report has been reviewed by the municipal solicitor who concurs with the recommendations. 9. Conclusion 9.1 The Deeming By-law, if approved, would have the effect of merging two separate parcels into a single property and would establish how it was intended to be used. If, in the future, the Owner wanted to sell any portion of the subject lands, a further Planning Act approval to divide the lands would be required, such as a Consent application. As such, it is Staff’s opinion that the parcels should be merged in title, as requested by the Owner, to permit the construction of an ADU at 6763 Clemens Road. Municipality of Clarington Page 7 Report PDS-032-25 9.2 In consideration of Staff review and comments regarding this application, it is respectfully recommended that the deeming by-law contained in Attachment 1 be approved. Staff Contact: Nicole Zambri, Principal Planner, 905-623-3379 ext. 2422 or nzambri@clarington.net. Attachments: Attachment 1 – Deeming By-law Interested Parties: Louis and Katherine Real Dan Strike Attachment 1 to Report PSD-032-25 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law Number 2025-XXX Being a By-Law to deem Block 14, Plan 40M-1978, Municipality of Clarington, no longer to be a Block on a Registered Plan of Subdivision. WHEREAS Subsection 50(4) of The Planning Act, R.S.O. 1990. c. P. 13, provides that the council of a municipality may designate a plan of subdivision, or part thereof, that has been registered for eight years or more, which shall be deemed not to be a registered plan of subdivision for the purpose of conveying land under Subsection 50 of the Act. AND WHEREAS Plan 40M-1978 in the Municipality of Clarington was registered in the Office of Land Titles Division of Durham (No. 40), Ontario, more than eight years prior to the date of passing of this By-law; AND WHEREAS Council is satisfied that this by-law is reasonably required for the orderly development of the property; Now Therefore Be it Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Block 14, Plan 40M-1978, Municipality of Clarington, Region of Durham, is no longer a Block on a registered plan of subdivision. 2. That this By-law shall come into effect on the date it is enacted by the Municipality of Clarington. By-law passed in open session this ________day of June, 2025. ______________________________ Adrian Foster, Mayor ______________________________ June Gallagher, Municipal Clerk