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HomeMy WebLinkAboutA2020-0052 1840 Nash Commentsc1twingoll Planning Services Committee of Adjustment Date of Meeting: November 12, 2020 File Number: A2020-052 Address: 1840 Nash Road, Courtice Report Subject: A minor variance application to recognize the existing lot frontage of 25 metres, whereas the Zoning By-law requires 30 metres and to reduce the lot area from 4,000 square metres to 880 square metres as a result of land consolidation. Recommendations: 1. That the Report for Minor Variance Application A2020-0052 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2020-0052 for a minor variances to Section 9.2 b. to recognize the existing lot frontage of 25 metres, whereas the Zoning By-law requires 30 metres and to Section 9.2 a. to reduce the lot area from 4,000 square metres to 880 square metres be approved as it is minor in nature, desirable for the appropriate development or use of the land and maintains the general intent and purpose of the Zoning By-law, the Durham Region Official Plan and Clarington Official Plan; and 3. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2020-0052 1 Application Details Page 2 1.1 Owner: Jennifer Megan Raso & Santo Raso 1.2 Agent: BV Courtice GP Inc. 1.3 Proposal: Minor variances Section 9.2 b. of Zoning By-law 84-63 to recognize the existing lot frontage of 25 metres, whereas the Zoning By-law requires 30 metres and to Section 9.2 a. of Zoning By-law 84-63 to reduce the lot area from 4,000 square metres to 880 square metres. 1.4 Area of Lot: 4,060 square metres 1.5 Location: 1840 Nash Road, Courtice (see Figure 1) 1.6 Legal Description: Part Lot 27, Concession 3, Former Township of Darlington 1.7 Zoning: Agricultural (A) Zone of Zoning By-law 84-63 1.8 Clarington Official Plan Designation: Urban Residential 1.9 Durham Region Official Plan Designation: Living Areas 1.10 Heritage Status: None Municipality of Clarington Committee of Adjustment A2020-0052 Figure 1 — Location Map Page 3 Municipality of Clarington Committee of Adjustment A2020-0052 2 Background Page 4 2.1 A Land Division application (LD053/2020) for a lot line adjustment was approved in July 2020 to facilitate land consolidation for a future subdivision. As part of the conditions, the applicant must satisfy the requirements of the Municipality of Clarington which includes complying with the provisions of the Zoning By-law. 2.2 A five -metre road widening along Nash Road will be dedicated to the Municipality of Clarington as a condition of the land division application. 2.3 The retained parcel would continue to be occupied by a single detached dwelling and is not subject to any redevelopment applications at this time. The applicant has submitted Draft Plan of Subdivision and Zoning By-law Amendment applications for the severed lands and benefitting lands (Figure 2). 2.4 The retained parcel is zoned Agricultural (A) in Zoning By-law 84-63 and the provisions of Residential Hamlet (RH) Zone apply to residential uses. The retained parcel requires minor variances to recognize the existing lot frontage and to permit a reduced lot area (See Figure 2). k P0SEDDITION Retained Parcel e e Road Widening V e 4P f y� ei Ci••ii4•iiiiiii.. Figure 2 — Site Context Municipality of Clarington Committee of Adjustment A2020-0052 Page 5 3 Land Characteristics and Surrounding Uses 3.1 The subject property is located at 1840 Nash Road in Courtice. The property is located on the north side of Nash Road approximately 50 metres west of the intersection of Nash and Hancock Roads (see Figure 1). The property is an interior lot, with approximately 4,060 square metres of lot area and an approximate frontage of 25 metres. The existing detached dwelling is serviced with a private sanitary system and municipal water. The property is consistent in lot size with the properties immediately west of the subject site and the lot frontages of adjacent lots along the north side of Nash Road. 3.2 The surrounding uses to the north, south, east and west are residential in the form of single detached dwellings. A draft plan of subdivision permitting 151 residential units and the extension of Tabb and Broome Avenues is proposed to the north and west of the property. 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, the appropriate notice was mailed to each landowner within the prescribed distance. 4.2 Staff did not receive any public enquires about this application 5 Departmental Comments 5.1 Clarington Infrastructure Division of Public Works The Infrastructure Division of Public Works has no concerns with this application. 5.2 Clarington Building Division The Clarington Building Division has no concerns with this application. 5.3 Clarington Emergency and Fire Services Department The Clarington Emergency Services has no fire safety concerns with this application. 6 Agency Comments 6.1 Durham Region Health Department The Durham Region Health Department has no objections to the application. Municipality of Clarington Committee of Adjustment A2020-0052 7 Discussion Page 6 Conformity with the intent and purpose of the Regional and Clarington Official Plans 7.1 The Durham Regional Official Plan designates the subject property as Living Areas. The Clarington Official Plan designates the subject property as Urban Residential. Both the Regional and Clarington Official Plans permit the residential use of the property. 7.2 The subject lands are within the Hancock Neighbourhood Design Plan. Within the Hancock Neighbourhood Design Plan the subject lands are identified as existing residential with the potential for intensification. The proposal meets the intent of the Hancock Neighbourhood Design Plan. 7.3 It is staff's opinion that the application conforms to the intent and purpose of both the Official Plans. Conformity with the intent and purpose of the Zoning By-law 7.4 The intent and purpose of the minimum lot frontage requirement in the Zoning By-law is to ensure there is sufficient area for a building with appropriate setbacks, landscaped open space for drainage, and parking. The subject site has an existing lot frontage of 25 metres, whereas the Residential Hamlet (RH) Zone requires a minimum lot frontage of 30 metres. The property provides sufficient area for the detached dwelling, parking, and landscaped open space for drainage. The proposed variance would recognize the existing lot frontage which is consistent with the surrounding properties on the north side of Nash Road. 7.5 The minimum lot area required in the Residential Hamlet (RH) Zone is 4,000 square metres, whereas the requested variance is to reduce the lot area to 880 square metres. The intent of the minimum lot area provision of the RH Zone is, in part, to ensure that there is sufficient area for private sanitary service. The property would continue to provide adequate servicing as the Region of Durham Health Department has no concerns with the proposal. The existing private sanitary system is partially within the five -metre road widening. Through the land division application, the Municipality of Clarington Public Works Department has indicated that the existing system can remain and will be addressed through the consent agreement. Once municipal services become available, the owner will be required to connect to municipal services and decommission the private services per Regional Health requirements. 7.6 It is staff's opinion that the existing lot frontage and reduced lot area provide sufficient area for the detached dwelling, landscaped open space for drainage, private servicing and parking and access. For the above reasons, it is in staff's opinion that the proposal maintains the intent and purpose of the Zoning By-law. Municipality of Clarington Committee of Adjustment A2020-0052 Page 7 Desirable for the appropriate development or use of the land, building or structure 7.7 The requested variances to recognize the existing lot frontage and for reduced lot area in the Residential Hamlet (RH) Zone will facilitate the land division application for land assembly for a future plan of subdivision. The proposed variances maintain the current use and is in keeping with the Hancock Neighbourhood Design Plan by providing a more typical urban sized lot. The neighbourhood is in transition, and the application facilitates intensification and urbanization. The proposed variances will have little to no impact on the subject property or on adjacent properties. 7.8 For the above stated reasons, it is staff's opinion that the minor variances requested are desirable for the residential use of the land and building. Minor in Nature 7.9 The proposed variances conform to both Official Plans and maintain the intent of the provisions for lot frontage and lot area in the Residential Hamlet (RH) Zone of Zoning By-law 84-63. The existing lot frontage is consistent with the surrounding lot frontages on the north side of Nash Road. The reduced lot area results in similar, however, somewhat smaller lots immediately east of the subject site on Nash Road. The reduced lot area provides some flexibility as the neighbourhood transitions to allow for higher densities. The Region of Durham Health Department is satisfied with the proposal. 7.10 For the above stated reasons, it is staff's opinion that the proposed variances are minor nature and would be desirable for the neighbourhood. 8 Conclusion 8.1 Based on Staff's review of the application, the application conforms to the intent and purpose of the Zoning By-law and the Regional and Municipal Official Plans, is desirable for the appropriate development or use of land and is deemed to be minor in nature. 8.2 Given the above comments, Staff recommends approving this application for a minor variance to Section 9.2 b. of Zoning By-law 84-63 to recognize the existing lot frontage of 25 metres, whereas the Zoning By-law requires 30 metres and to Section 9.2 a. of Zoning By-law 84-63 to reduce the lot area from 4,000 square metres to 880 square metres. Municipality of Clarington Committee of Adjustment A2020-0052 Ai I� Submitted by: Anne Taylor Scott, Principal Planner, Development Review Branch Page 8 The following is a list of interested parties to be notified of the Committee's decision: Antonio Raso, Jennifer Megan & Santo Raso BV Courtice GP Inc.