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HomeMy WebLinkAboutComments A2021-0002 3720 Concesssion Rd 8Clarftwn Planning and Development Services Committee of Adjustment If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: March 25, 2021 File Number: A2021-0002 Address: 3720 Concession Road 8, Clarke Report Subject: To reduce the interior side yard setbacks from 50 metres to 10 metres to allow for a greenhouse Recommendations: 1. That the Report for Minor Variance A2021-0002 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2021-0002 for a minor variance to Section 13.3.1 b. of Zoning By- law 2005-109 to reduce the interior side yard setbacks from 50 metres to 10 metres to allow for a greenhouse, 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 4. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment Page 2 A2021-0002 1. Application Details 1.1 Owner/Applicant: Harry & Jennifer Schillings 1.2 Proposal: A minor variance to Section 13.3.1 b. reduce the side yard setbacks from 50 metres to 10 metres 1.3 Area of Lot: 3.6 ha 1.4 Location: 3720 Concession Road 8, Clarke 1.5 Legal Description: Part Lot 24, Concession 8, Former Township of Clarke 1.6 Zoning: Agricultural (A) Zone 1.7 Clarington Official Plan Designation: Prime Agricultural Area 1.8 Durham Region Official Plan Designation: Prime Agriculture and Countryside within the Oak Ridges Moraine Areas 1.9 Heritage Status: None Municipality of Clarington Committee of Adjustment A2021-0002 8335 I 8304 I ers2 az�J 8246 Q I -- 8211 I O — 8207 LOT:26 LOT:25 24 LOT:23 Z CON: 8 CON: 8 N: S CON: 8 ton A2021-0002~ �y LOT: 22 f1� CON: 8 r r CONCESSION-RR8 ��',� k CONCESSION-RIf8 LOT: 26 LOTc n LOT: 24 LOT: 23 CON: 7 CON: 7 CON: 7 CON: 7 �seo Property Location Map (Clarke) N _ Area Subject To Minor Variance w 3720 Concession Road 8, Clarke S F A2021-0002 Figure 1: Key Map ---------- I _ 9anmanril�e Nor .:ee EIS Lake Ontario Page 3 Municipality of Clarington Committee of Adjustment A2021-0002 2. Background Page 4 2.1 In late 2020, early 2021, the applicant had discussions with Planning Staff on plans to expand his greenhouse facilities to support his operation known as Freskiw Farms located at 8271 Highway 35/115. After reviewing options, the applicant determined to proceed with the construction of a greenhouse on the subject parcel, at 3720 Concession Road 8. 2.2 On February 23, 2021 the applicant submitted a Minor Variance application for the subject property to reduce the side yard setbacks to allow for the construction of a greenhouse. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 3720 Concession Road 8, in Clarke, just north of Kirby and west of Highway 35/115. A single -detached dwelling is located on the property. The property does not contain any other farm buildings at this time. 3.2 The abutting land uses to the north, west and south are Agricultural with existing residences. Boatland RV Marine is located on the commercial lands to the east. 3.3 The applicant's farming business known as Freskiw Farms located at 8271 Highway 35/115, is in close proximity, and is approximately 0.2 kilometres east of the subject 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 At the time of writing this report, Staff have not received any public enquiries about this application. Municipality of Clarington Committee of Adjustment A2021-0002 Figure 2: Notice on the subject property 5. Departmental Comments Page 5 5.1 The Infrastructure Division of the Public Works Department has reviewed the application and have no objections to the proposal. 5.2 The Building Division of the Planning and Development Services Department require a building permit for the greenhouse. 5.3 The Clarington Emergency and Fire Services Department have found no fire safety concerns regarding the application. Municipality of Clarington Committee of Adjustment A2021-0002 6. Agency Comments 6.1 The Regional Works Department at the Region of Durham has no comments or objections with respect to the minor variance application. Page 6 6.2 At the time of writing this report the Ministry of Transportation (MTO) had not provided comments for this application. An MTO land use permit is not required as the greenhouse is located more than 180 metres away from the highway. 7. Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 7.1 The subject property is designated "Prime Agriculture" and "Countryside" within the Regional Official Plan's Oak Ridges Moraine Area. Countryside Areas are intended to protect Prime Agricultural Areas and permit small-scale agriculture -related uses. 7.2 Within the Clarington Official Plan, the subject property is designated "Prime Agricultural Area". Prime Agricultural Areas are predominantly reserved for agricultural uses and agriculture -related uses. 7.3 It is Staff's opinion that the application conforms to the intent and purpose of both Official Plans. Conformity with the intent and purpose of the Zoning by-law 7.4 The subject property is zoned Agricultural (A) in Zoning By-law 2005-109 for lands within the Oak Ridges Moraine. The zone permits a greenhouse as a non-residential use. Greenhouses are subject to the zoning provisions in Section 13.3.1. For the subject property, Section 13.3.1 b. requires an interior side yard setback of 50 metres for the proposed greenhouse. 7.5 The intent of the interior side yard setback is to allow for sufficient separation between the building and the lot line, to accommodate areas for grading and drainage, to allow for farm vehicle access around buildings, and enable general maintenance to the limits of the property such as work relating to fencing. 7.6 The greenhouse is proposed to be situated in the middle of the subject property. With a significant distance from the rear lot line, the greenhouse is proposed to be approximately 55 metres behind the single detached dwelling. Municipality of Clarington Committee of Adjustment A2021-0002 Page 7 a..4 W..v,M a awwnn, d Proposed Greenhouse 10m 11 m' 47 m Existing dwelling LOT 24 g i � � d CONCESSION Jam Ghigma+� iPaad A//owance Bet�Wa'e� Concassiays 7 and 9 Figure 3: Sketch of the subject property Municipality of Clarington Committee of Adjustment A2021-0002 Page 8 7.7 For these reasons, it is in Staff's opinion that the proposal maintains the intent and purpose of the Zoning By-law. Desirable for the appropriate development or use of the land, building or structure 7.8 The proposed location of the greenhouse is appropriate for the use of the subject farm parcel. The greenhouse is significantly setback from the existing single detached dwelling on the site, as well as other buildings on adjacent properties. 7.9 The applicant is proposing the greenhouse building to be oriented in an east -west fashion to allow for convenient access to each end of the building and to accommodate the logical addition of greenhouses to the north in the future. The proposed building orientation would allow the applicant to grow and harvest the plants in an efficient manner that makes entering and navigating the building easier and for transporting the product to and from their nearby Freskiw Farms business. 7.10 All other provisions of the By-law that apply to the proposal are complied with. 7.11 For the above reasons, it is in Staff's opinion that the minor variance requested is desirable for the use of the land. Minor in Nature 7.12 While the proposed minor variance would reduce the permitted setback by 40 metres, the variance can be considered minor as it is not in conflict with the Regional and Clarington Official Plans, continues to meet the intent of the Zoning By-law and is also desirable for the agricultural use of the property. Visual impacts will be negligible, and the greenhouse use will continue to fit in with the predominant agricultural character of the area. 8. Conclusion 8.1 Based on Staff's review, the application conforms to the intent and purpose of the Regional and Municipal Official Plans and the applicable Zoning By-law, is desirable for the appropriate development or use of the land and is deemed to be minor in nature. 8.2 Given the above comments, Staff recommends approving this application for minor variance to Section 13.3.1 b. of Zoning By-law 2005-109 to permit the construction of a greenhouse, by reducing the interior side yard setbacks from the required 50 metres to 10 metres. Municipality of Clarington Committee of Adjustment A2021-0002 Submitted by: �14 t� i V i i Anne Taylor Scott, Principal Planner Development Review Branch Staff Contact: Aibelle Babista. Interested Parties: The following interested parties will be notified of Committee's decision: Page 9