Loading...
HomeMy WebLinkAboutA2021-0013 3238 Tooley Rd Comments 05-27Clarftwn 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: May 13, 2021 File Number: A2021-0013 Address: 3238 Tooley Road, Courtice Report Subject: A minor variance application to facilitate a land division that would have the effect of creating a new lot for a single detached dwelling by reducing the minimum lot frontage from 17 metres to 16 metres for the severed lot. Recommendations: 1. That the Report for Minor Variance Application A2021-0013 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2021-0013 for a minor variance to Section 12.4.95 of Zoning By- law 84-63 to facilitate a land division that would have the effect of creating a new lot for a single detached dwelling by reducing the minimum lot frontage from 17 metres to 16 metres for the severed lot, 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 A2021-0007 1. Application Details 1.1 Owner/Applicant: Sasi Kumar Page 2 1.2 Agent: Ken Hoy (Stonefield Homes) 1.3 Proposal Minor variance to Section 12.4.95 of Zoning By-law 84-63 to facilitate a land division that would have the effect of creating a new lot for a single detached dwelling by reducing the minimum lot frontage from 17 metres to 16 metres for the severed lot. 1.4 Area of Lot: 2,114 square metres (0.21 hectares) Retained Parcel: -1,088 square metres Severed Parcel: -1,024 square metres 1.5 Location: 1.6 Legal Description 1.7 Zoning: 1.8 Clarington Official Plan Designation: 1.9 Durham Region Official Plan Designation: 1.10 Heritage Status 3238 Tooley Road, Courtice (see Figure 1) Part Lot 33 Concession 3, Plan 40R19791 Part 2 Urban Residential (R1-95) Zone of Zoning By-law 84-63 Urban Residential Major Open Space Areas None Municipality of Clarington Committee of Adjustment A2021-0013 3398 3380 3362 3351 3341 3336 3337 3330 3323 33241 12 41 3310 3305 31 3295 3292 3287 W 7 �/ - 327053 Qj `` 114 115 3280 �. 3253 47 112 LU 113 3250 W 111 43 LOT: 34 10 109 J CON: 31 4 I2 107 0� 3225 LOT: 33 6\ _ 105 322 �, CON: 3 ro Ilm� 13 1L� � 1 �'o�r.40 n POPPYFIELD LU 101 LU 97 LLI DRIVE 3210 3202 � — � 3194 3201 3193 97 67 70 99 99 65 68 92 z 93 L1i 111 3178 3179 101 63 68 90 V 91 103 59 0 64 88 105 62 86 89 — ` 3184 3171 107 57 80 B4 58 85 — — — — _ SQUARE 56 82 ? ko mt20 54 80 83 B1 3146 r 5z 78 49 46 76 77 3124 3131 46 74 75 l BIRCHFIEm1 DRIVE 73 71 v L3116 M a�v� q�l 3108 `, 45 44 68 69 <<J`` rw WASHB A'Tl. ATH 3100 65 � Sma6g1ew r 4 Manage men[ Pond in 27 74 ISLAYCOURT / \ } CON:3 18 17 JURA COURT Ilf 49 47 54 56 43 44 �1 �42 39 40 LE"" c ?37 38 uR V136 33 3a � 32 30 J 28 j 27 'i 26 '1 �_.. 25 / ,_ 24 23 11 1 o l " $ g, DDEVONDALE STRE n o M b r1l zs 41 �9ry WASHBIIRfP41�t0 84 a 37 T Li 3092 3089 _J p1i6219]$37 rw�36 3 1 ',S; 39 Q 39 16353084 k17 1 33 ` 3077 43 2, o ` 30M Property Location Map Courtice /1 �. h - Area Subject To Minor Variance 3238 Tooley Road, Courtice A2021-0013 1 LeMwa gary RmGI wlnin 1 WapM ®. Newcastle L,�, 0t,1—io J Figure 1 — Location Map Paae 3 Municipality of Clarington Committee of Adjustment A2021-0007 Page 4 2. Background 2.1 In 2016, Council approved a Municipally initiated Zoning By-law Amendment for properties along Tooley Road, south of McLean Road/future Adelaide Avenue extension, and north of Nash Road in Courtice. The properties were rezoned from "Urban Residential (R1)" to "Urban Residential Exception (R1-95)" which restricted the permitted uses to only single detached dwellings; increased the minimum lot frontage from 15 metres to a 17 metres, increased the minimum front yard setback from 6 metres to 7.5 metres to the private garage, and increased the minimum front yard setback from 4.5 metres to 7 metres to the dwelling. The properties were rezoned from "Urban Residential (R1)" to "Urban Residential Exception (R1-95)" which restricted the permitted uses to only single detached dwellings; increased the minimum lot frontage from 15 metres to 17 metres; increased the minimum front yard setback from 6 metres to 7.5 metres to the private garage, and increased the minimum front yard setback from 4.5 metres to 7 metres to the dwelling. 2.2 The intent of the 2016 rezoning was to respond to the Tooley Road residents' concern about the proposed developments on the west side of Tooley Road, south of the Adelaide Avenue extension. Public consultations with the residents took place during the Worden East Neighbourhood Plan review in 2015 and 2016. The residents for the most part understood that development on Tooley Road is inevitable yet wanted to ensure the character of their street is maintained. The residents desired protection of the natural environment, maintaining larger lots and allowing homes with greater setbacks from Tooley Road to maintain `green' along the frontage rather than a `wall' of garages and driveways. 2.3 On April 28, 2021, a minor variance application was submitted by Ken Hoy of Stonefield Homes, requesting a reduction in the required lot frontage to 16 metres to facilitate a severance at 3238 Tooley Road, for two future single detached dwellings. The retained lot is proposed to have a lot frontage of the required 17 metres (Figure 2). The existing single detached dwelling on the subject property is proposed to be demolished. Municipality of Clarington Committee of Adjustment A2021-0013 Page 5 LOT 9 LOT R LW* I LOT lO R Evl Y1ifr Zia }LAM _II 7p1{—Tx• .n---. ------ t •� I « r.a 1 r I ;} 1 i � 1 1 3 •N yam! r j• � I ! ! 1 �J i71• I --------------------------- 11 I f t I .7 I I 1 j g ■I r■T..4ia q i q • I� R ►� Rif I I I 3 ��� ■X � ■ ���f � 10' k � F• I 1 1 ■ ; �I �1 7xlR � •� Hi rti �� r wi i14 F� i l� 7 PART 3 "i x + r l r � r it■ �+r..�• T R A V E L t F 0 R0AI] KNOWN AS T00LET'S R 0 A D rl■ 11�C�C•1i Figure 2 — Subject property and proposed land division 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 3238 Tooley Road, on the west side of Tooley Road, north of Nash Road, and south of the northwest boundary of the Courtice Urban Area (see Figure 3). The lot is approximately 2,114 square metres with an approximate total lot frontage of 33 metres and an approximate depth of 64 metres. The property is similar to other residential lots on Tooley Road. 3.2 The surrounding uses to the north, south and east are residential. To the rear (west) of the property is a forested area, zoned "Holding — Urban Residential Type One ((H)(R1))". The abutting lands to the rear are subject to a plan of subdivision. Municipality of Clarington Committee of Adiustment A2021-0013 Figure 3 — Aerial image of the surrounding land uses 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 (see Figure 4). In addition, the appropriate notice was mailed to each landowner within the prescribed distance. Municipality of Clarington Committee of Adjustment A2021-0013 Page 7 Figure 4 — Notice posted in the front yard of the subject property 4.2 Staff received a total of 5 phone calls and 3 email enquiries about this application. 4.3 A resident of Tooley Road, called to clarify the purpose of the proposed minor variance application and asked whether they will be receiving a notice regarding the application. At the time of the first phone call, the notice sign was posted on the subject property and notices have been mailed out to surrounding properties. Staff clarified that surrounding properties would receive the notice in the mail shortly. The resident also followed up with a phone call notifying Staff that a written submission would be submitted — outlining the neighbourhood's objection to the proposed variance. A letter and petition with 31 signatures of Tooley Road was submitted to Staff on May 26t" outlining the objection to the minor variance application with strong concern for the natural environment, preservation of the existing street character, and flooding issues on lots with 17 metre frontages. The letter also states that a sewer does not exist in front of this lot and active wells exist on neighbouring properties. The subdivision at the south of Tooley Road was what the residents agreed to in exchange for the minimum 17 metre frontage for any future homes. Municipality of Clarington Committee of Adiustment A2021-0013 Page 8 4.4 A resident of Tooley Road, called twice to notify Staff that the sign was peeling off the post on the subject property and asked if they will receive notice, how to join the meeting, and make a submission. At the time notice was mailed out and Staff clarified that owners would be receiving a copy of the notice in the mail shortly. 4.5 A resident of Tooley Road, called to notify Staff that they had not received notice regarding the minor variance application. Staff clarified that notices have been mailed out and they would receive a notice in the mail soon. 4.6 A resident of Tooley Road, submitted an email to Staff outlining their objection to the proposed land division at the subject property as they believe the proposed variance would influence property values in the future and set a precedent for future development on smaller lots on Tooley Road. They also expressed concern for the increased pedestrian traffic and lack of sidewalks on this road, as well as the existing wildlife habitat in the area which is at risk with future development. 4.7 A resident of Tooley Road emailed Staff expressing support for the proposed minor variance application. They noted that 3280 Tooley Road has a frontage of 16.15 metres and supports any lot creation with a frontage of at least 15 metres as it is in accordance with the previous "R1" parent zoning, and more consistent with Provincial intensification guidelines. The resident states that the variance will still uphold the existing character of the Tooley community. They also suggest that the lots created by the proposed severance be serviced by sanitary sewers. 4.8 A resident of Tooley Road emailed Staff objecting the application as lot size reductions would change the countryside feel of Tooley Road and create a subdivision type of street where houses are closer together. They also provided a photograph of the posted notice falling down on the subject property. Staff had forwarded the photograph to the agent requesting that the notice be fixed and posted on the property appropriately. 5. Departmental Comments 5.1 The Infrastructure Division of Public Works has no objections to the proposal in principle. Further requirements will be issued at which the time the applicant applies for land division approval. 5.2 The Building Division of Planning and Development Services has no comments regarding the application. 5.3 Clarington Emergency and Fire Services Department has no fire safety concerns with the application. 5.4 The Heritage branch of Planning and Development Services do not have any comments or concerns with the application. Municipality of Clarington Committee of Adjustment A2021-0013 Page 9 6. Agency Comments 6.1 The Central Lake Conservation Authority has no objection to the application. CLOCA will provide detailed comments as part of the land division process. 7. Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 7.1 The subject property is designated Major Open Space Areas in the Durham Region Official Plan. Development within these areas shall demonstrate the use is appropriate for its location, is encouraged to locate on existing parcels of appropriate size for the propose use, is compatible with sensitive to the environment, be located on an existing opened public road and shall not compromise the design and function of the road. 7.2 The subject property is designated Urban Residential in the Clarington Official Plan. These areas are intended for housing purposes and must be compatible with the surrounding residential uses. 7.3 For the above stated reasons, 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 subject property is zoned "Urban Residential Exception (R1-95)" in Zoning By-law 84-63. This exception zone requires a minimum lot frontage of 17 metres, a two -metre increase from the required lot frontage in the "R1" parent zone. The intent and purpose of lot 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 required minimum lot frontage of 17 metres is to preserve a countryside residential character on Tooley Road which was determined at the time of the 2016 rezoning, despite the subject lands being within the urban area where intensification is also encouraged. The proposed severed and retained parcel have sufficient lot area to accommodate a single detached dwelling on each parcel. In addition, the proposed reduction to 16 metres for the severed parcel will not significantly impact the character along Tooley Road as other properties have varied frontages, including frontages between 15 and 17 metres. 7.5 The proposed retained parcel will satisfy the minimum lot frontage requirement of 17 metres. 7.6 It is 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 Adiustment A2021-0013 Page 10 Desirable for the appropriate development or use of the land, building or structure 7.7 The appropriate development for the subject property is residential. The area is zoned to permit single detached dwellings. The proposed severance will provide an opportunity for intensification on the property without significantly deviating from the lot frontage requirement of 17 metres. Intensification through infill development is desirable where it can be accommodated as it makes efficient use of existing infrastructure while providing additional housing. 7.8 The reduction in lot frontage from 17 metres to 16 metres for the proposed severed parcel can be supported as a 16-metre lot remains quite a bit larger than typical urban residential lots. A lot of this size can support a dwelling that will not significantly erode the character of the neighbourhood. 7.9 Based on the review by Staff and agencies there are no technical reasons why the minor variance should not be supported. 7.10 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 7.11 The subject property has an approximate total lot frontage of 33 metres, which can support intensification. The existing lot frontage of the subject property is almost double of what is required in the Zoning By-law. This application to reduce the frontage for the severed parcel from 17 metres to 16 metres will allow gentle intensification without significantly altering the visual impact to the street. In addition, the proposed lot frontages for the retained and severed parcel will accommodate appropriate access to each parcel with sufficient area for grading. 7.12 It is expected that new single detached dwellings to be built on the severed and retained will be able to satisfy all other zone provisions, including maximum lot coverage and minimum setback regulations. 7.13 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. 7.2 Given the above comments, Staff recommends approving this application for a minor variance to facilitate a land division that would have the effect of creating a new lot for a Municipality of Clarington Committee of Adiustment A2021-0013 Page 11 single detached dwelling by reducing the minimum lot frontage from 17 metres to 16 metres for the severed lot. Submitted by: ��iS(L n�tt Anne Taylor Scott, Principal Planner Development Review Branch Staff Contact: Aibelle Babista, Planner Interested Parties: The following interested parties will be notified of Committee's decision: Irene & Mike Williams Cliff Curtis Corrinne & Andy Appleton Halina Workman