HomeMy WebLinkAboutA2021-0031 & A2021-0032 82 & 92 Beaver StClarftwn
Planning and Development Services
Committee of Adjustment
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Date of Meeting: August 12, 2021
File Number: A2021-0031 & A2021-0032
Address: 82 & Proposed 92 Beaver Street, Newcastle
Report Subject: Minor variances to facilitate the creation of two single detached dwelling
lots relating to a Land Division application (LD 063/2021).
Recommendations:
1. That the Report for Minor Variance Applications A2021-0031 and A2021-0032 be
received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That applications A2021-0031 and A2021-0032 for minor variances to Zoning By-law
84-63, including:
a. Section 12.4.1 a. to reduce the minimum lot area from 650 square metres to
585 square metres at 82 Beaver Street South (A2021-0031), and from 650
square metres to 582 square metres at 92 Beaver Street South (A2021-
0032);
b. Section 12.4.1 b. to reduce the minimum lot frontage from 18 metres to 17
metres at 82 Beaver Street South (A2021-0031), and from 18 metres to 16.7
metres at 92 Beaver Street South (A2021-0032); and
c. Section 12.2 d. ii) to recognize the existing 0 metre exterior side yard setback
to the existing dwelling where a minimum 6 metres is required at 82 Beaver
Street South (A2021-0031);
be approved subject to the following condition:
The building permit for 92 Beaver Street South will be reviewed for
architectural control and urban design conformity to the character of
the surrounding neighbourhood to the satisfaction of the Director of
Planning and Development Services,
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
Municipality of Clarington
Committee of Adjustment
A2021-0031 & A2021-0032
Page 2
4. That all interested parties listed in this report be forwarded a copy of Committee's
decision.
Municipality of Clarington
Committee of Adjustment
A2021-0031 & A2021-0032
Paae 3
Application Details
Owner/Applicant:
Proposal:
1.3 Area of Lot
1.4 Location:
1.5 Legal Description
1.6 Zoning:
1.7 Clarington Official
Plan Designation:
Kathryn & Reuben McRae
Proposed minor variances to Zoning By-law 85-63, including:
1. Section 12.4.1 a. to reduce the minimum lot area from
650 square metres to 585 square metres at 82 Beaver
Street South (A2021-0031), and from 650 square metres
to 582 square metres at 92 Beaver Street South (A2021-
0032);
2. Section 12.4.1 b. to reduce the minimum lot frontage
from 18 metres to 17 metres at 82 Beaver Street South
(A2021-0031), and from 18 metres to 16.7 metres at 92
Beaver Street South (A2021-0032); and
3. Section 12.2 d. ii) to recognize the existing 0 metre
exterior side yard setback to the existing dwelling where
a minimum 6 metres is required at 82 Beaver Street
South (A2021-0031);
585 square metres (retained lot)
582 square metres (severed lot)
82 Beaver Street South and proposed 92 Beaver Street South,
Newcastle
Part Lot 28, Concession 1, Former Township of Clarke, Parts 1
and 2, Block 7 of the Hanning Plan
"Urban Residential Exception (R1-1)" Zone in Zoning By-law 84-
63
Urban Residential
Municipality of Clarington
Committee of Adjustment
A2021-0031 & A2021-0032
1.8 Durham Region Living Areas
Official Plan
Designation:
1.9 Heritage Status: Merit
Paae 4
Municipality of Clarington
Committee of Adjustment
A2021-0031 & A2021-0032
Paae 5
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Property Location Map
(Newcastle Village)
- Area Subject To Minor Variance
82 Beaver Street
A2021-0031
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Figure 1 — Location Map
Municipality of Clarington
Committee of Adjustment
A2021-0031 & A2021-0032 Page 6
2. Background
2.1 The applicant submitted a Land Division application to the Region of Durham to create
two single detached lots in April of 2021 (see Figure 2).
2.2 At the June 7, 2021 Regional Municipality of Durham Land Division Committee Meeting,
LD 063/2021 were conditionally approved to sever the subject property and create the
proposed lot (A2021-0032). The applicant states that he does not intend to have any
future minor variances regarding setbacks for the proposed single detached dwelling on
the severed lot.
2.3 The proposed lots have areas of 582 square metres and 585 square metres. The
existing dwelling on the retained parcel (A2021-0031) requires relief from the minimum
6 metre exterior side yard setback requirement where there is a 0-metre setback to the
existing dwelling. The applicant will be entering an encroachment agreement with the
Municipality to recognize this existing setback encroachment onto Emily Street.
2.4 On July 12, 2021, the applicant submitted an application for minor variances to satisfy
the conditions in LD 063/2021 to recognize the deficiencies in the required lot area and
frontage for both lots, as well as the exterior side yard setback for the existing dwelling
at 82 Beaver Street South.
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Figure 2 — Proposed land division at 82 Beaver Street South
Municipality of Clarington
Committee of Adjustment
A2021-0031 & A2021-0032 Paae 7
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 82 Beaver Street South in Newcastle, at the south-
west corner of Emily Street and Beaver Street South. The subject property is south of
King Avenue, east of Mill Street South and is part of the established neighbourhood of
Graham, immediately south of the Newcastle Village Centre Secondary Plan area.
Existing on the property is a one -storey single detached dwelling with a detached
garage on the northern end of the property, closer to Emily Street.
3.2 The surrounding uses to the north across Emily Street include low density residential
and general commercial uses. To the west and south are residential uses in the form of
single detached dwellings, and to the east across Beaver Street include similar
residential uses in similar dwelling types, and general commercial buildings (see Figure
3).
Figure 3 — Surrounding properties and land uses
Municipality of Clarington
Committee of Adjustment
A2021-0031 & A2021-0032 Paae 8
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 did not receive any enquiries about this application.
5. Departmental and Agency Comments
5.1 The Infrastructure Division of Public Works has reviewed both applications A2021-0031
& A2021-0032 and have no objection to the proposed Minor Variances at this time.
5.2 The Building Division of Planning and Development Services has reviewed both
applications A2021-0031 & A2021-0032 and offer no comments.
5.3 Clarington Emergency and Fire Services Department has reviewed both applications
A2021-0031 & A2021-0032 and found no fire safety concerns.
5.4 The Special Projects branch of Planning and Development Services has reviewed both
applications as the subject property is identified as Heritage Merit of Clarington's
Cultural Heritage Resources List (see Figure 4) and is subject to the Celebrating our
Cultural Heritage in Section 8 of the Clarington Official Plan. In accordance with the
Official Plan where a cultural heritage resource is recognized on the Cultural Heritage
Resources List, the Municipality shall require redevelopment and infill buildings in
existing built up areas to be compatible and consistent with the surrounding buildings
and streetscape in terms of building materials, height, width, scale, colour, setback and
design including windows, doors and roof lines.
Figure 4 — Existing dwelling and detached garage at 82 Beaver Street
with Heritage Merit status
Municipality of Clarington
Committee of Adjustment
A2021-0031 & A2021-0032
6. Discussion
Paae 9
Conformity with the intent and purpose of the Regional and Clarington Official Plans
6.1 The subject property is designated Living Areas within the Region of Durham Official
Plan. New housing is to be developed in a cost-effective and efficient manner that also
contributes to an attractive and safe living environment.
6.2 The subject property is designated Urban Residential within the Clarington Official Plan.
Proposed dwellings are to be compatible with existing residential uses while achieving
gentle intensification. The subject property is also listed with Heritage Merit on
Clarington's Cultural Heritage Resources List. Redevelopment and infill in existing built
up areas are to be considerate of the surrounding buildings and streetscape in terms of
building design and siting. A condition of approval will require review of permit drawings
for 92 Beaver Street by the Municipality's Control Architect.
6.3 Both the Regional and Clarington Official Plans permit the residential use of the
property.
6.4 For the above stated reasons, it is Staff's opinion that the application conforms with both
Official Plans.
Conformity with the intent and purpose of the Zoning by-law
6.5 The subject property is zoned "Urban Residential Exception (R1-1)" in Zoning By-law
84-63. This exception zone requires a minimum lot area of 650 square metres and a
minimum lot frontage of 18 metres. The retained lot (82 Beaver Street) will have a
resulting lot area of 585 square metres and a lot frontage of 17 metres. The severed lot
(92 Beaver Street) will have a resulting lot area of 582 square metres and lot frontage of
16.7 metres. The existing dwelling on the subject property which will remain municipally
addressed as 82 Beaver Street, requires a minimum exterior side yard setback of 6
metres from Emily Street. The deficient exterior side yard setback due the existing
encroachment is an existing condition and will remain as is.
6.6 The intent of the minimum lot area requirement is to maintain a reasonable lot size that
would accommodate a single-family dwelling as a permitted residential use. A single
detached dwelling on a lot of this required size would maintain the existing form of
single detached dwellings in the immediate neighbourhood and ensure the street
character is preserved with this dwelling type and form. The minimum lot area also
ensures that there is a reasonable amount of green space that balances the lot
coverage of the dwelling on the lot. The parent "RV Zone requires a minimum lot area
of 460 square metres for a single detached dwelling. The proposed lot areas of 585 and
582 square metres while smaller than the required 650 square metres in the "R1-1"
Zone will provide an adequate lot size that is appropriate for a single detached dwelling
on each lot. The size of the dwelling is also limited by maximum lot coverage
regulations.
Municipality of Clarington
Committee of Adjustment
A2021-0031 & A2021-0032
Paae 10
6.7 The intent and purpose of a minimum 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 and street character. The required minimum lot
frontage of 18 metres is to preserve the established character in older neighbourhoods
consisting of larger lot frontages that are associated with single detached dwellings. In
this particular block however lots frontages are varied. The parent "R1" Zone requires a
minimum lot frontage of 15 metres for an interior lot and 16 metres for an exterior lot
with single detached dwelling. While there are varied frontages within the immediate
neighbourhood, including larger frontages for commercially zoned properties, the
proposed reduction in lot frontages is suitable for new infill lots in the neighbourhood
and will not significantly impact the neighbourhood character.
6.8 The existing dwelling encroaches onto Emily Street resulting zero clearance from the
dwelling and the property line, where a minimum 6 metre exterior side yard setback is
required. The intent of the minimum exterior side yard setback is to ensure buildings are
setback from the street appropriately, while accommodating landscaping between the
dwelling and the public right-of-way. Emily Street is a smaller, local neighbourhood
street which would not be severely impacted by an existing building encroachment. It is
not uncommon for encroachments to exist in older neighbourhoods and it appears there
are other similar encroachments in the older areas of Newcastle. The applicant will be
entering an encroachment agreement to recognize the existing legal non -conforming
situation.
6.9 All other applicable zoning regulations are complied with at this time.
6.10 For the above stated reasons, it is Staff's opinion that the application conforms with the
Zoning By-law.
Desirable for the appropriate development or use of the land, building or structure
6.11 The appropriate development for the subject property is residential. The block and
immediate neighbourhood include properties zoned to permit single detached dwellings.
The proposed severance will provide an opportunity for gentle intensification on the
property without significantly deviating from the Zoning By-law requirements and will
recognize the remaining dwelling as it continues to exist. Intensification through infill
development is desirable where it can be accommodated as it makes efficient use of
existing infrastructure while providing additional housing, particularly nearby a Village
Centre where a variety of commercial and institutional uses exist within walking
distance.
6.12 The reduction in lot area and frontage for the two proposed lots can be supported as
they would not be out of character of similar undersized lots in the vicinity of Beaver,
Emily and Mill Streets. A lot of these sizes can support a dwelling that will not
significantly erode the character of the neighbourhood.
Municipality of Clarington
Committee of Adjustment
A2021-0031 & A2021-0032
Paae 11
6.13 Staff recommend that the plans for the new dwelling at 92 Beaver Street be subject to
Architectural Control. This will ensure that the new dwelling not only satisfies the
policies of the Official Plan with respect to nearby heritage resources, but also respects
the existing architecture and character of the neighbourhood.
6.14 Based on the review by Staff and agencies there are no technical reasons why the
minor variance should not be supported.
6.15 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
6.16 The proposed single detached dwelling lots will be in keeping with the low -density
residential development existing on adjacent and surrounding properties. The reduction
in lot area and frontage for the two lots, and the exterior side yard setback established
for the existing dwelling will not negatively impact the character of the neighbourhood
nor result in an adverse visual impact on the streetscape.
6.17 It is expected that the new single detached dwelling on the severed lot will be built to
satisfy all other zone provisions.
6.18 Planning Staff received no adverse comments from internal departments, agencies nor
the public.
6.19 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.
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 line
for a single detached dwelling by reducing the minimum lot areas from 650 square
metres to 585 and 582 square metres, by reducing the minimum lot frontages from 18
metres to 17 and 16.7 metres, by reducing the exterior side yard from 6 metres to 0
metres to recognize a legal non -conforming encroachment; and be subject to following
condition:
a. The building permit for 92 Beaver Street South will be reviewed for architectural
control and urban design conformity to the character of the surrounding
neighbourhood to the satisfaction of the Director of Planning and Development
Services.
Municipality of Clarington
Committee of Adjustment
A2021-0031 & A2021-0032 Paae 12
Submitted by:
W
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:
Rueben & Kathryn McRae