Loading...
HomeMy WebLinkAboutA2021-0004 1535 Ovens Road Comments 04-15Clarftwn 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: April 15, 2021 File Number: A2021-0004 Address: 1535 Ovens Road, Newtonville Report Subject: A minor variance application to satisfy a condition of a land division application by permitting an existing accessory building on a retained lot where a principal residential building does not exist, for a period of up to three vears followina reaistration of the new lot. Recommendations: 1. That the Report for Minor Variance A2021- 0004 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2021-0004 for a minor variance to permit an accessory building on a retained lot where a principal dwelling does not exist, for a period of up to three years, be tabled for a period of up to 60 days; and 4. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2021-0004 1. Application Details Page 2 1.1 Owner/Applicant: William and Nancy Vanniejenhuis 1.2 Agent: Rich Bouma 1.3 Proposal: To satisfy a condition of a land division application by permitting an existing accessory building on a retained lot where a principal building does not exist, for a period of up to three years following registration of the new lot. 1.4 Area of Lot: 8.65 hectares 1.5 Location: 1535 Ovens Road, Newtonville (Figure 1) 1.6 Legal Description: Part Lot 10, Concession 1, Former Township of Clarke 1.7 Zoning: "Holding — Residential Hamlet" and "Environmental Protection" 1.8 Clarington Official Plan Designation: Hamlet, Environmental Protection and Green Space 1.9 Durham Region Official Plan Designation: Hamlet 1.10 Heritage Status: None Municipality of Clarington Committee of Adjustment A2021-0004 Figure 1: Property Location Map Page 3 Municipality of Clarington Committee of Adjustment Page 4 A2021-0004 2. Background 2.1 In January of 2021, the property was rezoned (By-law 2021-007) from Agricultural (A) to Holding — Residential Hamlet and Environmental Protection to facilitate the applicant's proposal to sever three residential hamlet parcels while retaining a residential parcel. The existing dwelling would remain on a severed parcel, while the existing detached garage would remain on the retained parcel. A condition of the rezoning application was that the applicant obtain minor variance approval from the Committee of Adjustment to permit an accessory building without a principal building on the retained lands. 2.2 In February 2021, the Region of Durham Land Division Committee conditionally approved severance applications (LD2021 /19 to LD2021 /21) for the subject site. The purpose of the applications was to sever three residential hamlet lots from an 8.65- hectare parcel of land, retaining a 7.4-hectare residential parcel (See Figure 2). As part of the Municipality of Clarington's conditions, the applicant must obtain minor variance approval from the Committee of Adjustment to permit an accessory building without a principal building on the retained lands. The minor variance must be final and binding in order to clear the condition. 2.3 On March 15, 2021 the applicant submitted a minor variance application to allow for an accessory building with no principal residence for a period of up to three years after the retained parcel is registered. 2.4 Staff notes that the existing building, formerly a farm building, which is intended to be used as an accessory structure has a height of 6.5 metres and a floor area of 167 square metres. The minor variance application did not include reference to these proposed minor variances, and as a result were not reflected in the Notice of Hearing. Staff recommend that the application be tabled for a period of up to sixty (60) days to allow for the necessary discussion with the applicant and to provide an opportunity to revise the subject application to include minor variances for the total accessory floor area and the height of the building. Municipality of Clarington Committee of Adjustment A2021-0004 Figure 2: Proposed Severance Sketch 3. Land Characteristics and Surrounding Uses Page 5 3.1 The subject property is located at 1535 Ovens Road in the hamlet of Newtonville on the east side of Ovens Road (See Figure 1). The property has a lot area of 8.65 hectares and lot frontage of 307.5 metres on Ovens Road. On the property is a single -detached dwelling, a detached garage, a frame shed and a pool. The pool will be removed. The subject property is traversed by multiple watercourses that are tributaries to Bouchette Point Creek. Municipality of Clarington Committee of Adjustment A2021-0004 3.2 Surrounding Land Uses North — Single -detached dwellings on semi -rural and hamlet residential lots East — Vacant, forested land; Predominantly wooded areas South — One semi -rural residential lot within the hamlet and Highway 401 West — Rural residential lots and agricultural fields outside the hamlet 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 have not received any public enquiries related to this application. Page 6 5. Departmental Comments 5.1 The Infrastructure Division of Public Works has no objection to the minor variance application. 5.2 The Building Division of Planning and Development Services has no comments on the minor variance application. 5.3 The Clarington Emergency and Fire Services Department has no fire safety concerns. 5.4 The Ganaraska Region Conservation Authority (GRCA) has no objection to the minor variance application. 6. Discussion 6.1 The proposed severed parcels are zoned "Holding — Residential Hamlet ((H)RH) Zone" and the retained parcel is partially zoned "Holding - Residential Hamlet ((H)RH) Zone" and "Environmental Protection (EP) Zone" in Zoning By-law 84-63, as amended by By- law 2021-007. 6.2 The proposed severed and retained parcels comply with the minimum lot area and minimum lot frontage requirements of the Residential Hamlet (RH) Zone. Development is restricted to the area zoned Residential Hamlet. 6.3 Upon further review of the application, Staff have noted that in addition to requiring a minor variance to permit an accessory building on a retained lot where a principal dwelling does not exist for a period of up to three years, that additional variances are Municipality of Clarington Committee of Adjustment A2021-0004 Page 7 required to recognize the total floor area and height of the existing building and to capture these variances on the public notice. This will ensure that should the Committee decide to approve the size and height of the accessory building, once the residential use is established the oversized accessory building is also permitted. 6.4 Staff recommend tabling the application for the above stated reasons. 7. Conclusion 7.1 Given the above comments, Staff recommend the application be tabled for a period of up to 60 days. Submitted b Anne Taylor Scott, Principal Planner Development Review Branch Staff Contact: Toni Rubino Interested Parties: The following interested parties will be notified of Committee's decision: William and Nancy Vanniejenhuis Rich Bouma