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HomeMy WebLinkAboutComplete A2021-0004 1535 Ovens Road Comments 05-13Clarftwn Planning and Development Services Committee of Adjustment Addendum Report 1 to the April 15, 2021 A2021-0004 Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: May 13, 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 3 years following registration of the new lot; and, to recognize the existing total floor area of 167.2 sauare metres and heiaht of 5.4 metres. Recommendations: 1. That the Report for Minor Variance A2021-0004 be lifted from the table; 2. That the Addendum Report for Minor Variance Application A2021-0004 be received; 3. That all written comments and verbal submissions were considered in the deliberation of this application; 4. That application A2021-0004 for minor variances to Section 3.1.a. of the Zoning By- law 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 (3) years following registration of the new lot; and, to Section 3.1.c of the Zoning By-law to recognize the existing total floor area of 167.2 square metres and height of 5.4 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 5. 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 1.1 Owner/Applicant: William and Nancy Vanniejenhuis 1.2 Agent: Rich Bouma Page 2 1.3 Proposal: To permit an existing accessory building on a retained lot, where a principal residential building does not exist, for a period of up to three (3) years following registration of the new lot; and, to Section 3.1.c of the Zoning By-law to recognize the existing total floor area of 167.2 square metres and height of 5.4 metres. 1.4 Area of Lot: 8.65 hectares Area of retained lot: 7.4 hectares 1.5 Location: 1535 Ovens Road (See 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 Page 3 Lc-:.1 1 S o _ CON: r 1744 — MO .0 Q 1720 }i19�' 1710 4 1709 v tii pr$ _ F1639 M 'q16i7 wT.10 s WTJ o v -- CON:2 CON.'t 03 s m HIGHWAY 401 Property Location Map (Newtonvii1e) - Area Subject To Minor Variance k 1535 Ovens Road, Newtonaille { .3' Figure 1 - Property Location Map Municipality of Clarington Committee of Adjustment A2021-0004 2. Background Page 4 2.1 Application A2020-0004 was heard at the Committee of Adjustment meeting on March 25, 2021. Staff recommended tabling the application to capture additional minor variances for height and total accessory floor area that were determined through a site visit. The Committee approved the following motion: "That application A2021-0004 for a minor variance to permit an accessory building on a retained lot where a principal building does not exist, for a period of up to three years, be tabled for a period of up to sixty (60) days." 2.2 In January of 2021, the property was rezoned (By-law 2021-007) from "Agricultural (A) Zone" to "Holding — Residential Hamlet ((H)RH) Zone" and "Environmental Protection (EP) Zone" 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 accessory building 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. 2.3 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, 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. 2.4 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. Through discussions with the applicant's agent additional variances for total floor area and height have been included. 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 entire property as it exists today 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. The proposed retained parcel has a lot area of 7.4 hectares and lot frontage of 191 metres. On the retained parcel is an existing detached garage. 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 Page 6 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. 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 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 Conformity with the intent and purpose of the Regional and Clarington Official Plans 6.1 The Durham Regional Official Plan designates the subject property as Hamlet. The Clarington Official Plan designates the subject property as Hamlet, Environmental Protection and Green Space. 6.2 The predominant use of lands within the Hamlet designation shall be for residential uses in the form of single -detached dwellings. 6.3 The proposed retained lot is designated a mix of Hamlet, Environmental Protection and Green Space. The future residential dwelling would be within the Hamlet designation. Municipality of Clarington Committee of Adjustment A2021-0004 Page 7 The existing accessory building is partially within the Environmental Protection and Green Space land use designations. 6.4 As such, the proposal is in conformity with the Regional and Clarington Official Plans. Conformity with the intent and purpose of the Zoning by-law 6.5 The proposed severed parcels are within the "Holding — Residential Hamlet ((H)RH) Zone" and the retained parcel is zoned both "Holding - Residential Hamlet ((H)RH) Zone" and "Environmental Protection (EP) Zone" in Zoning By-law 84-63, as amended by By-law 2021-007. The existing building is within the (H)RH Zone. 6.6 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. 6.7 Section 2 of the Zoning By-law defines an accessory building as a building that "...is customarily incidental and subordinate to a principal use, building or structure and located on the same lot therewith." The intent of the definition is to regulate accessory buildings and structures so that they are incidental to the principal use. In this case the garage would be incidental to a residential single -detached dwelling. Once the severance is finalized, the existing accessory building will no longer be located on a property where there is a principal residential dwelling. 6.8 Once the severances are complete, the intent is to build a single -detached dwelling on the retained parcel. The applicant agrees with Staff's recommendation to allow for the accessory building without a principal single -detached dwelling for up to three (3) years following registration of the new lot. After such time the minor variance will expire. 6.9 Minor variances are also required for the total accessory floor area and height of the detached building. Section 3.1.c. permits accessory buildings to be a maximum height of 4.5 metres and the total floor area of all accessory buildings to be 120 square metres or 10 percent of the lot area, whichever is more restrictive. The existing building (See Figure 3) is 5.4 metres in height and has a floor area of 167 square metres. Municipality of Clarington Committee of Adjustment A2021-0004 Figure 3: Existing Accessory Building Page 8 6.10 The intent and purpose of maximum floor area for accessory buildings is to create a standardized floor area that is realistic for rural and larger residential hamlet parcels and that are large enough to accommodate personal effects accessory to the residential use. The maximum floor area also limits size with the intent of precluding any potential conversions to a commercial or industrial use which are not permitted on residential properties. The purpose of the maximum floor area provision is also to ensure that there is sufficient open space for drainage and that buildings remain secondary to the primary residential use. 6.11 The intent and purpose of the maximum height provision for accessory buildings is to ensure that buildings remain accessory, and smaller in scale to the principle residential use. The maximum height provisions have the effect of keeping accessory buildings to a single storey and keeping the usable floor space at grade. This limitation complements the maximum floor area regulation and encourages accessory buildings to be constructed at a smaller scale. 6.12 The proposed retained property is 7.4 hectares in size and as such, it is Staff's opinion that the existing building can continue to remain on the parcel and can continue to be considered accessory to a future single -detached dwelling. The proposal is to retain a building with a total floor area of 167 square metres, which is 2% of the lot area. The Public Works Department has reviewed the proposal and has no concerns with regard to drainage on the property. Once the detached dwelling is built, the building will remain secondary to the residential use. Municipality of Clarington Committee of Adjustment A2021-0004 Page 9 6.13 For the above -stated reason, it is Staff's opinion that the minor variances requested are maintains the intent of the Zoning By-law. Desirable for the appropriate development or use of the land, building or structure 6.14 The requested variances will allow the applicant to keep the existing building as an accessory building for the future resident's personal effects. The building will be subordinate and secondary to the proposed residential use of the retained parcel. This is an appropriate use of the land and building. 6.15 The minor variance will allow for an existing accessory structure to remain in place while the new dwelling is built without demolishing and rebuilding an accessory structure in the future. The minor variance would avoid this unnecessary effort and cost. 6.16 The existing accessory building was assessed by Planning Staff through the rezoning and land division applications. There were no concerns from the public with regard to retaining the existing building through either planning application. 6.17 For the above -stated reason, it is staff's opinion that the minor variances requested are desirable fore the residential use of the land and building. Minor in Nature 6.18 Allowing the accessory building without a primary use for a period of up to three (3) years after the lot is registered will allow the Owner to keep the building which appears to be in good condition and will allow for the future use of the structure as an accessory building to a residential dwelling once it is built. This component of the minor variance considered minor in nature as the relief will be provided on a temporary basis. 6.19 The applicant is requesting relief to allow for an additional 47 square metres of floor area, and 0.9 metres of height. In this case, the overall development proposal is facilitating infill development within the Hamlet of Newtonville. The possibility of allowing the existing structure to remain (subject to a minor variance application) was identified in previous Staff Comments as part of previous Planning Act Applications (Rezoning and Land Divisions). The previous Planning Act applications have led the applicant to this minor variance process to permit the existing structure to remain. No objections or concerns with the structure remaining were identified during these previous processes. This contributes to minor nature of this application. 6.20 The maximum permitted accessory floor area for the subject property is 120 square metres or 10% of the lot, whichever is more restrictive. The proposal is for a total of 167 square metres, which is 2% of the 7.4-hectare lot. 6.21 The existing building would have little impact on neighbours or neighbouring properties as it has been in existence since the late 1990s. 6.22 For the above stated reasons, it is Staff's opinion that the proposed variances are minor in nature. Municipality of Clarington Committee of Adjustment A2021-0004 7. Conclusion Page 10 7.1 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. 7.2 Given the above comments, Staff recommends approving this application for minor variances to Section 3.1.a. of the Zoning By-law 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 (3) years following registration of the new lot; and, to Section 3.1.c. of the Zoning By-law to recognize the existing total floor area of 167.2 square metres and height of 5.4 metres, 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. Submitted by: Isa �T Anne Ta Vor Scott, Principal Planner Development Review Branch Staff Contact: Toni Rubino, Planner Interested Parties: The following interested parties will be notified of Committee's decision: William and Nancy Vanniejenhuis Rich Bouma Clarftwn 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