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HomeMy WebLinkAboutA2021-0021 & 0020 32 & 34 Scugog Street CommentsClarftwn 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: July 22, 2021 File Number: A2021-0020 & A2021-0021 Address: 116 King Street West (Proposed 32 and 34 Scugog Street, Bowmanville) Report Subject: Minor variance applications to facilitate the creation of two single detached dwelling lots Recommendations: 1. That the Report for Minor Variance Applications A2021-0020 and A2021-0021 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That applications A2021-0020 and A2021-0021 for minor variances to Zoning By-law 84-63, including: a. Section 12.2. a. i) to reduce the minimum lot area from 460 square metres to 314 square metres; Section 12.2 d. i) to reduce the minimum front yard setback from 4.5 metres to 3 metres; Section 12.2 d. iv) to reduce the minimum rear yard setback from 7.5 metres to 6 metres; and Section 12.2 f. i) to increase the maximum lot coverage from 40% to 42% for the proposed single detached dwelling lot at 34 Scugog Street upon registration of the lot created by LD2018/023; and b. Section 12.2 a. i) to reduce the minimum lot area from 460 square metres to 295 square metres; Section 12.2 d. i) to reduce the minimum front yard setback from 4.5 metres to 3 metres; Section 12.2 d. iv) to reduce the minimum rear yard setback from 7.5 metres to 6 metres for the proposed single detached dwelling lot at 32 Scugog Street, upon registration of the lot created by LD2018/024, be approved as they are 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 A2021-0020 & A2021-0021 Page 2 Application Details Owner/Applicant: Proposal 1.3 Area of Lot 1.4 Location: 1.5 Legal Description Vanstone Mill Inc. Proposed minor variances to Zoning By-law 84-63, including: 1. Section 12.2 a. i) to reduce the minimum lot area from 460 square metres to 314 square metres; Section 12.2 d. i) to reduce the minimum front yard setback from 4.5 metres to 3 metres; Section 12.2 d. iv) to reduce the minimum rear yard setback from 7.5 metres to 6 metres; and Section 12.2 f. i) to increase the maximum lot coverage from 40% to 42% for the proposed single detached dwelling lot at 34 Scugog Street (A2021-0020); and 2. Section 12.2 a. i) to reduce the minimum lot area from 460 square metres to 295 square metres; Section 12.2 d. i) to reduce the minimum front yard setback from 4.5 metres to 3 metres; Section 12.2 d. iv) to reduce the minimum rear yard setback from 7.5 metres to 6 metres for the proposed single detached dwelling lot at 32 Scugog Street (A2021-0021). 314 square metres (A2021-0020) 295 square metres (A2021-0021) Proposed 32 and 34 Scugog Street, Bowmanville, Part 11, 10R1453, Part Lot 13, Concession 1, Former Town of Bowmanville 1.6 Zoning: Urban Residential Type One (R1) Zone 1.7 Clarington Official Town Centre and Environmental Protection Area. The subject Plan Designation: lands are also within the Bowmanville East Town Centre Secondary Plan area. Within the Secondary Plan the subject lands are designated Mixed Use Area and Environmental Protection Area. 1.8 Durham Region Regional Centre Official Plan Designation: Municipality of Clarington Committee of Adjustment Page 3 A2021-0020 & A2021-0021 1.9 Heritage Status: The existing buildings, including the Vanstone Mill, are identified as primary heritage resources by the Clarington Heritage Inventory. The vacant lands where the dwellings are proposed are not in the Clarington Heritage Inventory. Municipality of Clarington Committee of Adjustment A2021-0020 & A2021-0021 Property Location Map (Bowmanville) - Area Subject To Minor Variance s 110 King Street West, Bowmanville A2021-0020 & A2021-0021 Page 4 ennirunen Neraen I� WM1nx p aal III i MIkM1NI [ornery o.ono Cou laic M�ple ee nville wma . I Brvwnsv�lle NewrenvlYe Figure 1 — Location Map T. , Fr O n i n l y o Municipality of Clarington Committee of Adjustment A2021-0020 & A2021-0021 2. Background Page 5 2.1 The applicants submitted Land Division applications to the Region of Durham to create two single detached lots in 2018. The proposed lots front onto the west side of Scugog Street and back onto the Bowmanville Creek Valley (Figure 2). 2.2 At the May 10, 2021 Regional Municipality of Durham Land Division Committee Meeting LD2018/023 and LD2018/024 were conditionally approved to permit two single detached dwelling lots. 2.3 The proposed lots have lot areas of 295 square metres and 314 square metres. The proposed dwellings also require reductions to the front yard and rear yard setbacks. The applicants proposed reduced lot areas due to the lands requiring road widenings on Scugog Street and the constraints of the Bowmanville Valley at the rear of the proposed lots. 2.4 On June 10, 2021 the applicants submitted minor variances for reduced lot coverage which are required to create the lots. The applicants have also included variances for the proposed single detached dwellings for reduced setbacks and increased lot coverage for one of the dwellings. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located on the west side of Scugog Street, north of King Street West in Bowmanville. 3.2 The surrounding uses to the north, south and east are a mix of residential and commercial properties. To the west is the Bowmanville Creek Valley. 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 received an enquiry as to whether the Notice of Hearing for the original July 15t" meeting was mailed in accordance with the Planning Act timelines. Subsequently, the July 15t" meeting was cancelled, and a new Notice of Hearing was mailed for the July 22, 2021 meeting. No additional comments or questions were received regarding the applications. Municipality of Clarington Committee of Adjustment A2021-0020 & A2021-0021 AL �= Proposed Lots �. . -ILU . !' W VI �1S � HJb�yJ 0 �n i V r KING ST CP o ,�ti4a+ ,V RFF. Figure 2 — Aerial Photograph showing proposed lots Page 6 Municipality of Clarington Committee of Adjustment Page 7 A2021-0020 & A2021-0021 5. Departmental and Agency Comments 5.1 The Infrastructure Division of Public Works has no objections to the applications. 5.2 The Central Lake Conservation Authority has no objection but reiterates the conditions of approval that are imposed as a condition of the Land Division approvals. The Conservation Authority acknowledges that should the Owner fail to fulfill the conditions of the Land Division applications that the development contemplated by the subject minor variance applications can not proceed. Planning Staff added wording to the recommendation to ensure that the Minor Variances are not authorized until registration of the lots created by LD2018/023 and LD2018/0024. 5.3 The Building Division of Planning and Development Services has no objections to the applications. 5.4 Clarington Emergency and Fire Services Department has no objections to the applications. 6. Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 6.1 Both the Regional Centre and Town Centre designations permit a wide variety of uses, including residential. The Mixed -Use designation in the Bowmanville East Town Centre Secondary Plan permits low density residential uses which includes single detached dwellings. 6.2 The Clarington Official Plan also restricts development within hazard lands, including steep slopes, to prevent personal injury, property damage or degradation of the natural environment. 6.3 The applicants submitted an Environmental Impact Study (EIS) and Slope Stability Analysis with the land severance applications. The EIS report identifies a mitigation strategy, including monitoring plan, tree protection fencing, etc., to minimize potential negative impacts to the feature and its ecological function as a result of the proposed severances. The Slope Stability Analysis concludes that the development will not impact the stable slope of the valley and includes recommendations for the construction of the foundations of the buildings. 6.4 The Clarington Official Plan requires a minimum Vegetation Protection Zone (VPZ) of 15 metres from features to protect the feature for the long term and prevent negative impacts on the feature and its function. The Official Plan does allow for a reduced VPZ for infill situations where supported by an EIS. The EIS concludes that given the existing site features the requirement for a 15 metre VPZ is excessive and the proposed development with the proposed setbacks is appropriate for the lands. Municipality of Clarington Committee of Adjustment A2021-0020 & A2021-0021 Page 8 6.5 The above information was presented and reviewed during the land severance applications. It was determined by the Region of Durham that the proposal met the intent of both the Region of Durham and Clarington Official Plans. 6.6 For the above stated reasons, it is staff's opinion that the proposal for the variances to reduce the lot size and reduced setbacks meet the intent of both the Region of Durham and Clarington Official Plans. Intent and Purpose of Zoning By-law 84-63 6.7 Zoning By-law 84-63 zones the portion of the subject lands that are proposed to be severed "Urban Residential Type One (R1)". The R1 zone requires a minimum lot frontage of 15 metres and a minimum lot area of 460 square metres for single detached dwellings. 6.8 The proposed lots meet the minimum frontage requirements but do not meet the minimum lot area requirements. The R1 zone requires a minimum rear yard setback of 7.5 metre, minimum front yard of 4.5 metres to the dwelling and a maximum lot coverage of 40%. Municipality of Clarington Committee of Adjustment A2021-0020 & A2021-0021 Page 9 ! fZ AW NGW FROVFYIW b J i+! * L i PROPOSED SO SINGLE'Ot' � PROPO5� } x a r +9�c sq R 5 � Ug U LgSIM ILP - - f �1b is _ to 0 — w0 —SCIJGO—�� U2 - 3 N STREET .�. GQ. { .J Figure 3: Site plan for proposed single detached dwellings 6.9 The intent of the lot area, setback and lot coverage requirements is to ensure the propose development type and form are appropriate for the lands on which they are to be developed. The applicants have designed single detached dwellings of approximately 1,980 square feet(A2021-0021), and 2,320 square feet(A2021-0020), for the lots (See Figure 3). 6.10 The reduced lot area and setbacks are required to facilitate lots that are not as deep as adjacent lands. The lots cannot be as deep in order to meet the Official Plan policies for setbacks from the natural heritage features and slope associated with the Bowmanville Valley to the west. The conditionally approved lots also have a 3-metre road widening along Scugog Street, that the existing adjacent dwellings do not have. This will result in the dwellings being setback from Scugog Street approximately the same distance as Municipality of Clarington Committee of Adjustment A2021-0020 & A2021-0021 Page 10 the existing adjacent dwellings despite the smaller setbacks on the lots. The reductions will not result in the over development of the lands and the building form will visually be in keeping with the surround development. 6.11 For the above stated reasons, it is staff's opinion that the applications conform with the intent and purpose of the Zoning by-law Desirable for the appropriate development or use of the land, building or structure 6.12 The lands directly north and south of the proposed single detached dwellings are occupied by existing single detached dwellings. The single detached dwellings will allow for the continuation of similar development along Scugog Street, despite potentially different architectural design. 6.13 The proposed lots will not be as deep as the dwellings to the north and south due to increased setback requirements in the current Official Plan policies verses policies in place when the existing dwellings were constructed. The reduced lot area, reduced setbacks and increased lot coverage will not be visible from the street and will not negatively impact the character of the area. 6.14 The proposed single detached dwellings will technically have a smaller front yard setback due to the road widening, which has not been taken from the adjacent properties, but maintain a similar visual setback from the road. 6.15 For the above stated reasons, it is staff's opinion that the variances are desirable and appropriate development of the lands. Minor in Nature 6.16 The proposed single detached dwellings will be in keeping with the low -density residential development to the north, south and east of the subject lands. The reduction in lot area, front and rear yard setbacks and increased lot coverage for one lot will not have a visual impact on the streetscape and will not negatively impact the character of the neighbourhood. 6.17 For the above stated reasons, it is staff's opinion that the variances are minor in nature. 7. Conclusion 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. Municipality of Clarington Committee of Adjustment A2021-0020 & A2021-0021 Page 11 7.2 Given the above comments, Staff recommends approval of the minor variances to Zoning By-law 84-63, including: Section 12.2 a. i) to reduce the minimum lot area from 460 square metres to 314 square metres; Section 12.2 d. i) to reduce the minimum front yard setback from 4.5 metres to 3 metres; Section 12.2 d. iv) to reduce the minimum rear yard setback from 7.5 metres to 6 metres; and Section 12.2 f. i) to increase the maximum lot coverage from 40% to 42% for the proposed single detached dwelling lot at 34 Scugog Street (A2021-0020); and 2. Section 12.2 a. i) to reduce the minimum lot area from 460 square metres to 295 square metres; Section 12.2 d. i) to reduce the minimum front yard setback from 4.5 metres to 3 metres; Section 12.2 d. iv) to reduce the minimum rear yard setback from 7.5 metres to 6 metres for the proposed single detached dwelling lot at 32 Scugog Street (A2021-0021). Submitted by: 11� Anne Taylor Scott, Principal Planner Development Review Branch Staff Contact: Brandon Weiler Interested Parties: The following interested parties will be notified of Committee's decision: Steve Gervais