HomeMy WebLinkAboutA2021-0045 & A2021-0046 - 117 & 121 Jack Potts Way CommentsClarftwn
Planning and Development Services
Committee of Adjustment
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Date of Meeting: November 25, 2021
File Number: A2021-0045 & A2021-0046
Address: 117 & 121 Jack Potts Way, Courtice
Report Subject: Minor variance applications to reduce rear yard setbacks for two single
detached dwellings
Recommendations:
1. That the Report for Minor Variance Applications A2021-0045 & A2021-0046 be
received;
2. That all written comments and verbal submissions were considered in the
deliberation of these applications;
3. That applications for minor variances to Section 13.2 c. iv) to facilitate the
construction of single detached dwellings:
a. by reducing the minimum rear yard setback from 7.5 metres to 5.8 metres at
117 Jack Potts Way (A2021-0045); and,
b. by reducing the minimum rear yard setback from 7.5 metres to 5.9 metres at
121 Jack Potts Way (A2021-0046);
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 A2021-0045 & A2021-0046
1. Application Details
1.1 Owner:/Applicant Daniel Di Giovanni, Delpark Homes/Jamie Lopes,
Cassidy and Company
Page 2
1.2 Proposal: A minor variance to Section 13.2 c. iv) to facilitate the
construction of single detached dwellings by reducing
the minimum rear yard setback at 117 Jack Potts Way
from 7.5 metres to 5.8 metres and at 121 Jack Potts
Way from 7.5 metres 5.9 metres.
1.3 Area of Lot: 474.8 square metres (117 Jack Potts Way) & 474.9 (121
Jack Potts Way)
1.4 Location: 117 & 121 Jack Potts Way
1.5 Legal Description: Lot 39 and 40, Plan 40M-2714, Part Lot 34, Concession
1, Former Township of Darlington
1.6 Zoning: "Urban Residential Exception (R2-67)" Zone in Zoning
By-law 84-63
1.7 Clarington Official Plan Urban Residential
Designation:
1.8 Durham Region Living Areas
Official Plan Designation:
1.9 Heritage Status: None
Municipality of Clarington
Committee of Adjustment A2021-0045 & A2021-0046
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A2021-0042, A2021-0043, A2021-0044,
A2021-0045 and A2021-0046
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Municipality of Clarington
Committee of Adjustment A2021-0045 & A2021-0046
2. Background
Page 4
2.1 The subject property is located within a Registered Plan of Subdivision 40M-2704.
2.2 In September 2021, the applicant submitted Minor Variance applications to address
deficiencies in proposed lots within the Plan of Subdivision. Due to Planning Act
provisions restricting variances before the second anniversary that site -specific
amendments came into effect, the applicant was required to request an exemption from
Council to permit the applications to be filed.
2.3 On October 18, 2021, Resolution #C-324-21 was passed by Council permitting Delpark
Homes Ltd. to file Minor Variance applications for lands associated with By-law 2020-
012, which include Lot 40 (117 Jack Potts Way) and Lot 39 (121 Jack Potts Way) of
Plan 40M-2704.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located west of Prestonvale Road and south of Bloor Street, just
west of South Courtice Arena.
3.2 The surrounding uses to the north, west and east are low density residential. To the
south is currently agricultural uses with Urban Residential designation.
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 the applications and have no
objections.
5.2 The Central Lake Conservation Authority has no comments or objections as the
properties are not within CLOCA's regulated area.
5.3 The Building Division of Planning and Development Services has reviewed the
applications and have no comments related to the applications.
5.4 The Heritage branch of Planning and Development Services has reviewed the
applications and do not have any comments or concerns with the applications.
Municipality of Clarington
Committee of Adjustment A2021-0045 & A2021-0046 Page 5
5.5 Clarington Emergency and Fire Services Department has reviewed the applications and
found no fire safety concerns.
6. Discussion
Conformity with the intent and purpose of the Regional and Clarington Official Plans
6.1 The subject properties are designated Living Areas in the Durham Regional Official
Plan. Within the Clarington Official Plan, the subject properties are designated Urban
Residential but are designated Low Density Residential within the Southwest Courtice
Secondary Plan. The Southwest Courtice Secondary Plan was adopted by Clarington
Council in May 2021 and is being reviewed by the Region of Durham for approval. Both
the Regional and Clarington Official Plans permit the residential use of the property.
6.2 For the above stated reasons, it is staff's opinion that Conformity with the intent and
purpose of both Official Plans.
Conformity with the intent and purpose of Zoning By-law 84-63
6.3 The general intent of maintaining the minimum rear yard setback is to ensure the
dwellings are appropriately setback from adjacent properties, to establish sufficient
space to accommodate grading and drainage, and to offer the necessary private
amenity space for the homeowner.
6.4 The subject properties are zoned Urban Residential Exception (R2-67) Zone. The rear
yard setback requirement originates from the parent R2 Zone and is a minimum 7.5
metres.
6.5 Despite the proposed reductions to the rear yard setbacks, Staff concur that appropriate
setbacks to abutting properties and land uses are maintained, and grading and drainage
will not be negatively impacted. Sufficient rear yard amenity space is provided.
6.6 All other zoning regulations are complied with at this time.
6.7 For the above stated reasons, it is staff's opinion that 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 proposed single detached dwellings will be in keeping with surrounding low -density
residential development. The neighbourhood includes properties zoned to permit similar
single detached dwellings within a recently approved plan of subdivision.
6.9 While the configuration of rear yard amenity space is shallower in these instances, the
pie shaped lot provides for additional amenity space given the wide property at the rear
of the lot. See Figure 2 below.
Municipality of Clarington
Committee of Adjustment A2021-0045 & A2021-0046 Page 6
JACK POTTS WAY
JACK POTTS WAY
Figure 2: Showing site plans for 117 Jack Potts Way (Lot 40) and 121 Jack Potts Way (Lot 39)
6.10 There were no technical reasons raised from staff or agencies in opposition to this
reduction to rear yard setbacks.
6.11 For the above stated reasons, it is Staff's opinion that the proposal is desirable for the
appropriate development or use of the land and building.
Minor in Nature
6.12 The proposal to reduce the rear yard setbacks for the proposed single detached
dwellings will not negatively impact the amount of rear yard amenity space. The pie
shaped configuration offers additional width across the rear of the lot therefore amenity
space for this lot is comparable to, if not greater than, other traditional lots with a 7.5
metre setback.
6.13 There are no dwellings abutting the lot to the rear so impact to surrounding residents is
negligible.
6.14 All other applicable zoning regulations can be complied with at this time.
6.15 For the above reasons, it is Staff's opinion that the applications are minor in nature.
Municipality of Clarington
Committee of Adjustment A2021-0045 & A2021-0046 Page 7
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 application A2021-0045 &
A2021-0046 for minor variance to Section 13.2 c. iv) to facilitate the construction of
single detached dwellings by reducing the minimum rear yard setbacks at 117 Jack
Potts Way from 7.5 metres to 5.8 metres and at 121 Jack Potts Way from 7.5 metres to
5.9 metres.
Submitted by: Ai
I iso
Anne Taylor Scott, Principal Planner
Development Review Branch
Staff Contact: Aibelle Babista, Planner II, 905-623-3379 extension 2425 or
ababista(a_clarington.net .
Interested Parties:
The following interested parties will be notified of Committee's decision:
Daniel Di Giovanni, Delpark Homes
Jamie Lopes, Cassidy and Company