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HomeMy WebLinkAboutA2021-0042 & A2021-0043 - 1 & 2 Jack Potts Way 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: A2021-0042 & A2021-0043 Address: 1 & 2 Jack Potts Way, Courtice Report Subject: Minor variance applications to reduce exterior side yard setbacks to Prestonvale Road Recommendations: 1. That the Report for Minor Variance Applications A2021-0042 and A2021-0043 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2021-0042 and A2021-0043 for minor variances to Section 14.6.59 b. ii) to facilitate the construction of street townhouse dwelling at 1 Jack Potts Way by decreasing the minimum exterior side yard setback from 3.0 metres to 2.9 metres, and to Section 13.4.65 c. i) and ii) to facilitate the construction of a single detached dwelling at 2 Jack Potts Way by decreasing the minimum exterior side yard setback from 4 metres to 2.23 metres to the dwelling and from 2 metres to 1.6 metres to the porch, 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 A2021-0042 & A2021-0043 Page 2 1. Application Details 1.1 Owner/Applicant: Daniel Di Giovanni, Delpark Homes/ Jamie Lopes, Cassidy & Co. 1.2 Proposal: A minor variance to Section 14.6.59 b. ii) to facilitate the construction of street townhouse dwelling at 1 Jack Potts Way by decreasing the minimum exterior side yard setback from 3.0 metres to 2.9 metres, and to Section 13.4.65 c. i) and ii) to facilitate the construction of a single detached dwelling at 2 Jack Potts Way by decreasing the minimum exterior side yard setback from 4 metres to 2.23 metres to the dwelling and from 2 metres to 1.6 metres to the porch. 1.3 Area of Lot: 1 Jack Potts Way — 321 square metres 2 Jack Potts Way — 358 square metres 1.4 Location: 1 & 2 Jack Potts Way, Courtice 1.5 Legal Description: Lot 1 and Part of Block 68, Plan 40M-2704, Part Lot 34, Concession 1, Former Township of Darlington 1.6 Zoning: "Urban Residential Exception (R2-65)" and "Urban Residential Exception (R3-59)" Zones in Zoning By-law 84-63. 1.7 Clarington Official Urban Residential and Low Density Residential within the Plan Designation: Council adopted Southwest Courtice Secondary Plan 1.8 Durham Region Living Areas Official Plan Designation: 1.9 Heritage Status: None Municipality of Clarington Committee of Adjustment A2021-0042 & A2021-0043 Page 3 v 107L-4— j 111 �ff1 c 115 ' N toO 'C CD N CO O 1 m N w O w O V w N (0 O cc oNo O m O) b o 119 N m c� cn v to to co cD n r V to 0 to (O O D AVENUE SOUTHFIELD AVENUE to rn (D cD {� I� arD O? O b b O t!J N N (h Ce) c] -q 't IA N to 3 115 i 111 W 1592 3 LU 107 131 I ) 103 m M Y N 7 77 to r 0 95 99 132 0 KERSEY CRESCENT U) 91 J N ao v cOri N N tb 7 0 86 J v (h M O 87 W 141 so _ 76 0 (n 145 74. Q [n 6 10 14 18 J26 an .4 38 42 70 O Z + 1 1 1 Of , LOT: 33 4 C) KERSE` 1 - Lu CON:1 ) � / F155 7 11 1519 LOT: 34 z r CON: 1 O N 00 ! O (D N F r r O 00� Q N Oco NGD PLo Nt �OcoNm�00 fn 7� N� M b m m r O O l0 1f i Id] �y (*) (h Ih N N r r r v) r34° r JACK POTTS WAY w 138 0) M to 152 In r- U) no)rrnl�tn,-rnr�tn - 142 O O O O) M O CO (D (fl n to V 7 V co CM N NNNr err 156 137 113 1B0 161 1467 ai 16 1� 1�2 Property Location Map (Courtice) - Area Subject To Minor Variance 1, 2, 86,117 & 121 Jack Potts Way 1429 1430 -- - "" e���sn�� Hereen � t ryroo. Se,o�o I Bowmanville A2021-004Z A2021-0043, A2021-0044, ''A,;____,ti;-zr=:= A2021-0045 and A2021-0046 L a k e o n i a r i„ Figure 1 - Location Map Municipality of Clarington Committee of Adjustment A2021-0042 & A2021-0043 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 1 (2 Jack Potts Way) and Block 68 (1 Jack Potts Way) of Plan 40M-2704. 2.4 In November 2021, Planning Staff reached out to the applicant to discuss alternatives to the original minor variance applications, particularly regarding the urban design guideline requirements for porches. The applicant agreed to revise their application to revise their proposal for 1 Jack Potts Way to better meet the Municipality's design objectives. 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 received one enquiry about the map mailed with the notice. The resident explained an error in the labelling of Prestonvale Road. The error was rectified by mailing an additional notice with the correct street name to all residents that received Notice of Hearing for all lots in this subdivision. 5. Departmental and Agency Comments 5.1 The Infrastructure Division of Public Works has reviewed the applications and have no objections. Municipality of Clarington Committee of Adjustment A2021-0042 & A2021-0043 Page 5 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 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 setbacks is to ensure the dwellings are appropriately setback from the street and adjacent properties and to establish sufficient space to accommodate grading and drainage. 6.4 For the lot at 2 Jack Potts Way, the reduced front yard setback to the porch from the required 4 metres to 2.23 metres, and the reduced exterior side yard setback to the dwelling from 2 metres to 1.6 metres maintains the intent of an appropriate setback to the public realm. Additionally, the dwelling does not obstruct the visibility triangle required for an exterior lot. 6.5 For the end townhouse unit at 1 Jack Potts Way, the reduced exterior side yard setback from the required 3 metres to 2.9 metres also maintains an appropriate distance to the public realm and does not obstruct the visibility triangle for an exterior lot. Despite the proposed reductions to yard setbacks, Staff concur that appropriate setbacks to abutting streets and neighbouring properties can be maintained, and grading and drainage will not be negatively impacted. 6.6 For the above stated reasons, it is staff's opinion that the applications conform with the intent and purpose of the Zoning By-law. Municipality of Clarington Committee of Adjustment A2021-0042 & A2021-0043 Page 6 Desirable for the appropriate development or use of the land, building or structure 6.7 The proposed single detached dwelling and townhouse unit will be in keeping with the planned low -density residential development. The proposed setback reductions will allow for the construction of the permitted dwellings, provide adequate separation from the public realm and maintain an appropriate amount of landscaped open space in the front and exterior side yards. 6.8 There were no technical reasons raised from staff or agencies in opposition to this increase in lot coverage for this lot. 6.9 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 6.10 The proposal to reduce the setbacks for the proposed dwellings on 1 and 2 Jack Potts Way will not result in negative impacts to the public realm. 6.11 The minor variances are attributed to the 5 metre by 15 metre visibility triangle that was dedicated to the Municipality resulting in a property line that impacts the siting of the dwelling. A 5-metre road widening also provides for additional buffering to the travelled portion of Prestonvale Road. Municipality of Clarington Committee of Adjustment A2021-0042 & A2021-0043 ' I ' i i 11.71 I 68-1 IAHIGH a NOISE FENCE �! ❑ W Q I 0 I 1 Of LLJ 10R T-4 COR Q ELEV U Z1 4.57 r 4.39 H U7 �31 aes LU ; u g aoo I IL I 1R ti. i F? 1 1.93 1 E 3n 'PORCH cd]I i 7.04 JACK POTTS WAY Page 7 I f I 1176 8 'r Z ; 3" FI FV s � REV ORNER Q 6.5 A in 30 ❑ 4.16 W J ae w Q T � V V ay 1 1 �e O 7R M09m FRONTAGE a PROPOSED 110m RMARED r 1Q.10 &03 WO-D PROPOSE➢ 1.SL4n CON L:::i JACK POTTS WAY Figure 2: Showing site plans for 1 Jack Potts Way (Block 68) and 2 Jack Potts Way (Lot 1) 6.12 The dwellings can be appropriately positioned on the lot relative to the street. The visibility triangle will not be obstructed. The proposed dwellings on exterior lots will establish an appropriate residential character with appropriate setbacks at the edge of the plan of subdivision. 6.13 All other applicable zoning regulations can be complied with at this time. 6.14 For the above reasons, it is Staff's opinion that the applications are minor in nature. Municipality of Clarington Committee of Adjustment A2021-0042 & A2021-0043 7. Conclusion Page 8 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 minor variances to Section 14.6.59 b. ii) to facilitate the construction of a street townhouse dwelling at 1 Jack Potts Way by decreasing the minimum exterior side yard setback from 3.0 metres to 2.9 metres, and to Section 13.4.65 c. i) and ii) to facilitate the construction of a single detached dwelling at 2 Jack Potts Way by decreasing the minimum exterior side yard setback from 4 metres to 2.23 metres to the dwelling and from 2 metres to 1.6 metres to the porch. Submitted b `r Anne Taylor Scott, Principal Planner Development Review Branch Staff Contact: Aibelle Babista, Planner II, 905-623-3379 extension 2425 or ababista(o)_clarington.net . Interested Parties: The following interested parties will be notified of Committee's decision: Daniel Di Giovanni, Delpark Homes Jamie Lopes, Cassidy & Co.