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HomeMy WebLinkAbout2128 Newtonville Road A2020-0053 & 0054 Commentsc1twingwn Planning Services Committee of Adjustment Date of Meeting: November 12, 2020 File Number: A2020-0053 & A2020-0054 Address: 2128 Newtonville Road, Newtonville Report Subject: A minor variance application to reduce the minimum required lot frontage for the severed and retained parcels from 30 metres to 10 metres to facilitate a severance. Recommendations: 1. That the Report for Minor Variance Application A2020-0053 and A2020-0054 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2020-0053 and A2020-0054 to reduce the minimum required lot frontage for the severed and retained parcels from 30 metres to 10 metres to facilitate a severance 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 A2020-0053 & A2020-0054 Page 2 1 Application Details 1.1 Agent: Dave Pearce — DP Realty Advisors 1.2 Owner: Michael & Susan Gimblett 1.3 Proposal: Minor variance to Section 9.2.b. of Zoning By-law 84-63 to reduce the minimum required lot frontage for the severed and retained parcels from 30 metres to 10 metres to facilitate a severance. 1.4 Area of Lot: Retained Parcel: 15,150 square metres (A2020-0053) Severed Parcel: 4,594 square metres (A2020-0054) 1.5 Location: 2128 Newtonville Road, Newtonville (see Figure 1) 1.6 Legal Description: Part Lot 9, Concession 2, Former Township of Clarke 1.7 Zoning: Residential Hamlet (RH) and Agricultural Exception (A-1) Zone of Zoning By-law 84-63 1.8 Clarington Official Plan Designation: Hamlet 1.9 Durham Region Official Plan Designation: Hamlet Municipality of Clarington Committee of Adjustment A2020-0053 & A2020-0054 Page 3 Property Location Map (Newtonville) Area Subject To Minor Variance 2128 Newtonville Road, Newtonville A2O2O-0053 & A2O2O-0054 Figure 1 — Location Map (REVISED) Municipality of Clarington Committee of Adjustment A2020-0053 & A2020-0054 Page 4 2 Background 2.1 A Land Division application (LD124/2018) was submitted to the Region of Durham to sever a vacant residential parcel, retaining a residential parcel with an existing single detached dwelling. At the time, the application was tabled as Clarington staff expressed concerns with the grading of the subject property and noted that the proposed severance would constrain future sequential development of surroundings lands within the Hamlet of Newtonville. 2.2 Since the tabling of the Land Division application, the owners have been working with Clarington's Infrastructure Division of Public Works to address grading issues. The application was approved with conditions at the Land Division Committee on July 20, 2020. In order to ensure that the proposed severance will not limit future development, a condition recognized the 20-metre-wide strip associated with the existing driveway from Newtonville Road as being a potential road connection for future residential development. In addition, a condition was that the severance is that the retained and severed lots comply with applicable provisions of Zoning By-law 84-63. 2.3 A survey included in the Land Division application shows the retained and severed parcel having a frontage less than the minimum required lot frontage of 30 metres for the Residential Hamlet (RH) zone (see Figure 2). A minor variance is required to reduce the minimum lot frontage for the severed and retained parcel from 30 metres to 10 metres to facilitate the severance. The severed and retained parcel meet minimum lot area requirements for the Residential Hamlet (RH) zone. Retained Par 15150 square met Figure 2 — Proposed Severance Severed Parcel 4594 square metres Municipality of Clarington Committee of Adjustment A2020-0053 & A2020-0054 Page 5 3 Land Characteristics and Surrounding Uses 3.1 The subject property is located at 2128 Newtonville Road, which is west of Newtonville Road and north of Hill Street. (see Figure 1). The property is an interior lot, approximately 19,744 square metres with an approximate frontage of 20 metres and an approximate depth of 200 metres. The property is a key lot and is one of the larger parcels within the Hamlet of Newtonville. The retained parcel has an existing dwelling and the severed parcel will have sufficient lot area to accommodate the construction of a dwelling. 3.2 The surrounding uses to the east, west, and south are agricultural and residential in the form of single detached dwellings. The uses to the north are agricultural. 4 Public Notice and Submissions 4.1 Pursuant to the requirements of the Planning Act, signage acknowledging the application was installed on the subject lands. In addition, notice was mailed to each landowner within the prescribed distance. The map provided with the notice captured a portion of the neighbouring property, 2078 Newtonville Road, due to mapping error. 4.2 At the time of writing this report, Staff received a phone call from a resident of a nearby property, 4472 Hill Street, which is in south of the subject property. The resident wanted details about the application and future development but did not express concerns. 4.3 Staff received a phone call from a resident of a nearby property, 2078 Newtonville Road, which is south of the property. The resident had concerns with the application capturing a portion of his property. Staff informed the resident that the mapping system was not updated to reflect the property lines established through a lot line adjustment application (LD2012/029) and that Staff will be correcting the error. The resident did not have any concerns with the application. The mapping error does not require further notification as the Planning Act requirements for giving notice were exceeded. 5 Departmental Comments 5.1 Clarington Infrastructure Division of Public Works The Clarington Engineering Services Department has no concerns with this application. Municipality of Clarington Committee of Adjustment A2020-0053 & A2020-0054 Page 6 5.2 Clarington Building Division of Planning and Development Services The Clarington Building Division has no concerns with this application. 5.3 Clarington Emergency and Fire Services Department Clarington Emergency Services provided no fire safety concerns with this application. 6 Agency Comments 6.1 Durham Region Health Department has no objections. 7 Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 7.1 Both the Regional and Clarington Official Plans permit the residential use of the property. 7.2 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 -la 7.3 The intent and purpose of frontage is to ensure that there is sufficient area to situate a dwelling with appropriate setbacks from abutting properties while also creating a consistent neighbourhood character. The proposed reduction in lot frontage from 30 metres to 10 metre will facilitate a severance. The severed and retained parcel have sufficient lot area to accommodate the existing single - detached dwelling and future construction of a dwelling. In addition, the proposed 10 metre frontages will not impact the character along Newtonville Road as adjacent properties have varied frontages. In the Hamlet of Newtonville, key lots have similar long driveways. 7.4 It is in staff's opinion that the proposed reduction to lot frontage maintains sufficient area to situate a dwelling with appropriate setbacks from abutting properties while also maintaining neighbourhood character. 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 A2020-0053 & A2020-0054 Page 7 Desirable for the appropriate development or use of the land, building or structure 7.5 The appropriate development is residential. The proposed severance will provide an opportunity for intensification on the property while protecting the opportunity for future residential development within the Hamlet of Newtonville. Intensification though infill development is desirable where it can be accommodated as it makes efficient use of existing infrastructure while providing additional housing. 7.6 The reduction in lot frontage from 30 metres to 10 metres for the severed and retained parcel are appropriate development as it maintains appropriate access while the conditions associated with the Land Division application ensures that that the infill development does not negatively impact future development. 7.7 For the above stated reasons, it is staff's opinion that the minor variance requested is desirable for the residential use of land and building. Minor in Nature 7.8 The subject property, as it exists today, has an approximate of 20 metres, similar to other key lots in the Hamlet of Newtonville. The existing frontage on the subject property is less than required 30 metres in the Residential Hamlet (RH) zone. The application would further reduce lot frontage from 30 metres to 10 metres for each of the severed and retained parcels. This will allow for intensification without significantly altering the visual impact to the street. In addition, the proposed lot frontages for the retained and severed parcel will accommodate access to the parcels with adequate area for grading. 7.9 For the above stated reasons, it is staff's opinion that the proposed reduction in lot frontage is minor in 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 reduce the minimum required lot frontage for the severed and retained parcels from 30 metres to 10 metres to facilitate a severance. Municipality of Clarington Committee of Adjustment A2020-0053 & A2020-0054 Page 8 Submitted by: Anne Taylor Scott, Principal Planner, Development Review Branch The following is a list of interested parties to be notified of the Committee's decision: Dave Armstrong Dave Pearce Michael & Susan Gimblett