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HomeMy WebLinkAboutA2021-0047 1704 Pebblestone 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: November 25, 2021 File Number: A2021-0047 Address: 1704 Pebblestone Road, Courtice Report Subject: A minor variance to facilitate a lot line adjustment (Land Division File No. LD 034/2021) by decreasing the minimum lot area for a residential use from 4,000 square metres to 3,240 square metres. Recommendations: 1. That the Report for Minor Variance Application A2021-0047 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2021-0047 for a minor variance to Section 9.2 a. of Zoning By-law 84-63 to facilitate a lot line adjustment (Land Division File No. LD 034/2021) by decreasing the minimum lot area for a residential use from 4,000 square metres to 3,240 square 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 4. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2021-0047 1. Application Details 1.1 Owner/Applicant 1.2 Agent: Brett Novak Ken Hoy, Stonefield Homes Page 2 1.3 Proposal Minor variance to Section 9.2 a. of Zoning By-law 84-63 to facilitate a lot line adjustment (Land Division File No. LD 034/2021) by decreasing the minimum lot area for a residential use from 4,000 square metres to 3,240 square metres 1.4 Area of Proposed Lot: 3,240 square metres 1.5 Location: 1704 Pebblestone Road, Courtice (see Figure 1) 1.6 Legal Description: Part Lot 29, Concession 4, Former Township of Darlington 1.7 Zoning: "Agricultural (A)" of Zoning By-law 84-63 1.8 Clarington Official Plan Rural Designation: 1.9 Durham Region Major Open Space Area Official Plan Designation: 1.10 Heritage Status: None Municipality of Clarington Committee of Adiustment A2021-0047 2. Background Page 3 2.1 This application before the Committee of Adjustment is linked to a Land Division application with the Region of Durham (Land Division File No. LD 034/2021). The minor variance is requested is to address an undersized lot as a result of a lot line adjustment. The applicant proposes to sever approximately 1.3 hectares from the subject property and meld with adjacent vacant property to the east. The resultant lot accommodating the existing dwelling would have an area of 3,240 square metres while the Zoning By- law requires a minimum of 4,000 square metres. 2.2 The lot area of 3,240 square metres is a result of recommendations by Planning Staff and Staff at the Central Lake Ontario Conservation Authority. Staff recommended an alternative configuration to the proposal to prevent natural features from being fragmented between two parcels. 2.3 On October 18th, 2021, a site visit occurred with Staff from CLOCA and the Municipality. It was determined that the southern -most portion of the woodlot is a young pine plantation and not significant enough to be considered a part of the natural heritage system. The proposed lot line was adjusted to contain this woodlot within the vacant parcel but a buffer to this feature is not required. Staff recommended the plantation be maintained on one parcel and treated as a linkage for habitat. 2.4 The proposed severed lot contains areas zoned Agricultural (A) and Environmental Protection (EP). The northern portion of the larger property contains the natural heritage features and the floodplain limits of the Farewell Creek. A concept plan for the building lot to the east was requested to be submitted as a condition of approval for the severance (lot line adjustment) application, which demonstrated that the physical development will be outside the natural heritage features and the associated buffers. Planning and Conservation Staff were satisfied with the findings of the plan. 3. Land Characteristics 3.1 The subject property is located at 1704 Pebblestone Road, which is east of Trulls Road and west of Courtice Road (see Figure 1). The proposed lot is approximately 3,240 square metres with an approximate frontage of 47 metres and a depth of approximately 48 metres. 3.2 The surrounding uses to the west and east are rural residential. To the north of the property are natural heritage features, including a Provincially Significant Wetland. To the south of the property is the urban boundary of Courtice and rural residential properties. Municipality of Clarington Committee of Adjustment A2021-0047 Page 4 4301 fr 4224 4200 46 LOT: 31 -4 LOT: 28 CON: 4 ON: 1704 • • • • ----- 4180 aJ7F" O30------- CON:4 LOT:29 C NA aV EA-J YQ 4114 4106 4 098 4128 4086 4074 4062 4050VJ 4038 4028 O N (D N 1- 00 O7 N CD N N 4018 N �00 m r r 4006 PEBBLESTO N E. ROAD a LOT: 30 -i2 LOT: 29 LOT, 26 CM 3 CON: 3 9aac CON: 3 TE) ae2s 9828 9810 stnoo� onvcnRe Property Location Map rI&I (Darlington) M� Area Subject To Minor Variance 1704 Pebblestone Road c.—.. - cm New nd. A2021-0047 ` z Figure 1 — Location Map for the current parcel at 1704 Pebblestone Road Municipality of Clarington Committee of Adjustment A2021-0047 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 inquiries regarding the application. 5. Departmental and Agency Comments Page 5 5.1 The Engineering Division of Public Works has reviewed the application and has no objections. 5.2 The Building Division of Planning and Development Services has reviewed the application and has no objections. 5.3 Clarington Emergency and Fire Services Department has reviewed the application and has no objections. 5.4 The Regional Municipality of Durham's Health Department has reviewed the application and has no objections. 5.5 The Central Lake Ontario Conservation Authority (CLOCA) provided comments on the Land Division application and has no objection to this Minor Variance application which is a condition of the Land Division approval. 6. Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 6.1 The subject property is designated "Major Open Space Area" in the Durham Region Official Plan and is designated "Rural" in the Clarington Official Plan. 6.2 A minimum setback of 30 metres is required from development to the outermost extent of natural heritage features. The proposed lot line is outside the required buffer as well as the minimum vegetation protection area. 6.3 Both the Regional and Clarington Official Plans permit the residential use of the property. Municipality of Clarington Committee of Adjustment A2021-0047 Page 6 Development Review and Planning Regulations Legend ■ w F.mdl.- Ld.e 0,40 • . tLC Y1'IAaiV 0.5 w 7 NR _rcni+..� " - � • ® Etc w.,r..d aa. M.� , ® ELe Wens W.' hold AMx r ® Etc we+ ,:a. M x P" ._ Farewe Creek +1704 F. 6 - - 1R/rUPauira<A+g1au7�s vnt7at, - SK is !PC GwGE6 ara ocvamlrnarawco.a,�Elaw.a.xacl n�arwcca�vrcw:nr. Wp Ca ko Cy'- C_+ ,v Lau O� La,x..a1a, Avm. a PR01Ec*1-•. - i'_,pa 'xN DATUM 100 W,*ry A—0 -F. C+ 0-Tr3 ""Lh1.E - .:--•1_R{'Tom 0 {1Mn`c Prwr RI On1.'V and dEc nioR 7l:i.Yay,lol bn R�pasrcrre-C9,LaiMtiLSq,. THS di NVTA {ECEaPEf .. ... .: ,F,7, , 1A00 RAM OF$W4f IP" 0Wrft ntiO-py W �;;i e'17*` We e Lobe . .grr�la. C or &dW" teNIOA MEFC1•'- •.>REEa WEST) Oka 66MIPO^1aaMi h•. NW pV..'b" P. 4.9—q dan P4 ift,.. b,CW—.diW0N-1$f. L A{iE1RAE6:.. -en N.=1 Figure 2 — Natural Heritage Features present on the property Conformity with the intent and purpose of the Zoning By-law 6.4 The subject property is zoned "Agricultural (A)" in Zoning By-law 84-63. Section 6.2 a. requires that non -farm residential buildings and structures on lots which predate the passing of this By-law, farm -related residences and residential buildings and structures on lots which are created by severance in accordance with the Durham Regional Official Plan, shall comply with the Zone requirements set out in Section 9.2 of the By-law. 6.5 The intent of the minimum lot area provision of the zoning by-law is, in part, to ensure that there is sufficient area for private well and sanitary services. The property would continue to provide adequate servicing as the Region of Durham Health Department has no concerns with the proposal. Municipality of Clarington Committee of Adjustment A2021-0047 Page 7 6.6 All other applicable zoning regulations are complied with. 6.7 For the above stated reasons, it is Staff's opinion that the application is in conformity with the intent and purpose of the Zoning By-law. Desirable for the appropriate development or use of the land, building or structure 6.8 The appropriate use of the land at 1704 Pebblestone Road is residential. The proposed minor variance maintains the current uses and would have little to no visual impact on the property. There are rural residential parcels in the direct vicinity of the subject lands which have smaller lot areas as a result of historical land divisions. This lot size is not out of character with other lots on Pebblestone Road. 6.9 The previous lot configuration was under 5 acres and as such, was not permitted non- residential uses. This reduction does not impact the use of the land as an agricultural parcel. 6.10 The lot line adjustment and related minor variance consolidates natural heritage features onto one larger parcel. The smaller residential parcel, which is the subject of this variance will be situated entirely out of the natural heritage system. Municipality of Clarington Committee of Adjustment A2021-0047 SOiEDULE I I IT C I "I L-11 I I'll � LL I 111L 1- 11 1 IT Ll— PART 4 PART 5 _4 A17 F PAR'T PART fi 11 11 PART OF LOT 29. CONCESSION 4 Towles -Iz OF fif,F N,7^\ MUNICIPALITY OF CLARINGTON 1-111,1,RL MUIII-PALITI D- DU4H4M I T 11 1 ITT I` E T -1 A 7C,1IF LEGEND _— —L D­­ 1-1 IE' DE T- RCI -AR A. 11LI4. I L.1 3 LT� ILI --A PART 2PART 7 W 01 R BEA I 'I NGAIPqI!ESI 11 ;00E I" 111-IlIz— Tl- L-11, 11-1—IL 0 Fa - DISTANCE NOTES — METRIC Ill 11, C111--1 11 FEEI I-" ILL —LILILL LILL i _.evvaea. vc� SURVEYOR'S CERTIFICATE 1­1 'IT 11 1� R-J-1—S TLE1 PART I F1 41 AR INTEGRATION DATA . ... . .... .... L! -�IBW S U R V E Y 0 R S 11) PI�6NE ROAD Page 8 Figure 3 — Reference Plan for the proposed lot line adjustment with environmental buffers displayed (Part 1 is the subject parcel of this minor variance application) Municipality of Clarington Committee of Adjustment A2021-0047 Page 9 6.11 For the above stated reasons, it is Staff's opinion that the application is desirable for the appropriate development or use of the land and structure. Minor in Nature 6.12 The variance would allow for a reduction in the lot area of approximately 760 square metres. The existing septic system will be contained entirely within the revised lot configuration, and the reduction does not negatively impact amenity area and parking. In all other aspects the existing residential use would continue to conform to the Zoning By-law. 6.13 For the above stated reasons, it is Staff's opinion that the application is considered to be minor in nature. 7. Conclusion 7.1 Based on Staff's review of the application, the application conforms with the intent and purpose of the Regional and Municipal Official Plans, conforms with the intent and purpose of the Zoning By-law, is desirable for the appropriate use of the land and structure, and is considered to be minor in nature. 7.2 Given the above comments, Staff recommends approving this application for a minor variance to Section 9.2 a. of Zoning By-law 84-63 to facilitate a lot line adjustment (Land Division File No. LD 034/2021) by decreasing the minimum lot area for a residential use from 4,000 square metres to 3,240 square 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:h5o Anne Taylo Scott, Principal Planner Development Review Branch Staff Contact: Sean Jeffrey, Planner I, 905-623-3379 extension 2420 or sjeffreyCa�clarington.net . Interested Parties: The following interested parties will be notified of Committee's decision: Brett Novak Kin Hoy — Stonefield Homes