HomeMy WebLinkAboutPSD-001-16 Clarington
Planning Services
Public Meeting Report
If this information is required in an alternate accessible format, please contact the Municipal
Clerk at 905-623-3379 ext. 2102.
Report To: Planning and Development Committee
Date of Meeting: January 11, 2016
Report Number: PSD-001-16 Resolution Number:
File Number: ZBA2015-0024 By-law Number:
Report Subject: An application by Heather Holt to permit one additional single
detached dwelling by reductions in lot frontage and yard setback
requirements
Recommendations:
1. That Report PSD-001-16 be received;
2. That the proposed application for Rezoning ZBA2015-0024 continue to be processed
including the preparation of a subsequent report;
3. That staff consider the public comments received in the further processing of the Zoning
By-law Amendment application submitted by Heather Holt to permit one additional single
detached dwelling by allowing reductions in lot frontage, and yard setbacks; and
4. That all interested parties listed in Report PSD-001-16 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD-001-16 Page 2
Report Overview
The Municipality is seeking public comments for an application it has received from Heather
Holt. The applicant is proposing to amend the Zoning By-law to permit a reduction in lot
frontage and yard setbacks to create one additional lot through Land Division Applications LD
055/2015 and LD 056/2015.
1 . Application Details
1.1. Owner: Heather Holt
1.2. Applicant: Heather Holt
1.3. Proposal: to permit the creation of an additional lot through reductions in
lot frontage and yard setbacks
1.4. Area: 1,692 square metres
1.5. Location: 127 & 131 Elgin Street, Bowmanville
1.6. Related Files: LD 055/2015 & LD 056/2015
1.7. Within Built Boundary: Yes
2. Background
2.1. On May 19, 2015, Planning Staff received two Land Division Applications to provide
comments to the Regional Land Division Committee. LD 055/2015 proposed the
severance of the north portion of 127 Elgin Street (south existing lot) and LD 056/2015
proposed the severance of the south portion of 131 Elgin Street (north existing lot).
Melding the 2 severed parcels would create 1 additional single detached building lot. The
comments from Planning Staff noted that the proposed lot frontages for the south lot and
the new additional lot in the middle did not comply with the zone provisions. The land
severances were not supported by staff and were considered premature.
2.2 On October 27, 2015, Planning staff received the current rezoning application and a
Planning Justification Report, dated October 2015, prepared by D.G. Biddle &
Associates.
Municipality of Clarington
Report PSD-001-16 Page 3
Figure 1: Plan of Proposed Severances
Lord
Elgin ' Lord EI tre
i Pa for lndividual tudies
FOURTH STREET
Ilk
P ' p
^N
IW
t
M .
W
Uj
rn
CO
No.131
One Storey
Brick House �
� LandsT -�
12.44 m Be Retained! ,� 1
5.85 m: Land`s To Be Severed
6.36 m i Lands To B Sever d i
12.68 m as
Be Retained •
i
Frame Garage 7RA 2115-0024
4 No.127
One Storey
Frame House
* THIRD STREET
42t'
Municipality of Clarington
Report PSD-001-16 Page 4
I Land Characteristics and Surrounding Uses
3.1 The subject properties and the surrounding properties are built out with low density
housing. The Elgin Street lots between Third and Fourth Streets all have frontages of at
least 13.3 metres with the exception of one 12.5 metre lot across the street from the
subject properties.
Figure 2: The two existing properties and vacant area between
r
rr ;
4. Provincial Policy
4.1 Provincial Policy Statement
The proposed realignment of property boundaries and the creation of one additional
single detached building lot represent intensification within a settlement area and utilizing
existing services. The proposal conforms to the Provincial Policy Statement.
4.2 Provincial Growth Plan
The creation of one additional single detached building lot is part of intensification within a
settlement area and efficient use of land and existing services. The proposal conforms to
the Growth Plan.
5. Official Plans
5.1 Durham Regional Official Plan
The Durham Region Official Plan designates the subject properties Living Areas. The
policies of the Plan generally promote infill and intensification. The proposed reduction of
two existing lot frontages and subsequent creation of one additional single detached
building lot conforms to the Durham Regional Official Plan.
Municipality of Clarington
Report PSD-001-16 Page 5
building lot conforms to the Durham Regional Official Plan.
5.2 Clarington Official Plan
The Clarington Official Plan designates the subject properties Urban Residential — Low
Density. The proposed realignment and subsequent creation of one additional single
detached building lot conforms to the Clarington Official Plan.
6. Zoning By-law
6.1 Zoning By-law 84-63 zones the subject properties "Urban Residential Type One (R1)".
The three lots to be created are as follows:
• The proposed retained parcel on the north lot (131 Elgin Street) contains a semi-
detached dwelling, which is paired with the lot to the north. It is a permitted use and
complies with the required minimum lot frontage and lot area for a semi-detached lot.
• The south lot, (127 Elgin Street) would be severed to create a proposed retained
parcel. It has a permitted use and the required minimum lot area. The 12.68 metre lot
frontage is less than the required 15 metres. The frontage is at the low end of the
range for the neighbourhood. The south lot has an interior side year setback of 4.33
metres which does not meet the minimum interior side yard setback of 4.5 metres.
This will be part of the requested rezoning.
• The proposed middle or additional lot is for a single dwelling, which is a permitted use
and complies with the required minimum lot area. However, the 12.21 metre lot
frontage is less than the required 15 metres. This frontage is at the low end of the
range for the lots in the block.
6.2 There are 3 other deficiencies that legally exist already. The north lot and the south lot
do not have a front yard setback that meets the required minimum of 4.5 metres to the
dwelling given their setbacks are 4.34 metres and 3.98 metres, respectively. The south
lot does not have on its south side the required minimum interior side yard setback of 1.2
metres, having only 0.78 metres. These legal non-conforming setbacks can be
recognized through this rezoning but have no direct impact on the requested rezoning
application.
7. Summary of Background Studies
7.1 Planning Justification Report
The report notes the Proposal's conformity to Provincial Plans and the Durham and
Clarington Official Plans. Regarding zoning, this report outlines that there are a number
of lots on the west side of the street in the same block that do not achieve the minimum of
15 metres lot frontage. This lot frontage discussion does not go any further. The report
states that the two existing and one proposed additional lot will be able to meet all of the
other zoning regulations. It was further stated that the proposed lot frontages will not
Municipality of Clarington
Report PSD-001-16 Page 6
create an adverse impact on the neighbouring properties and therefore, is appropriate
from a planning perspective.
8. Public Notice and Submissions
8.1 Public notice will be mailed to each landowner within 120 metres of the subject property
and a public meeting sign will be installed on the Elgin Street frontage in the area of the
proposed additional lot.
8.2 One inquiry on the subject application was received at the time of writing this report. The
individual phoned objecting to the above rezoning. He said the 2 subject properties were
in poor condition and rentals. He believed increasing densities would cause traffic and
parking problems.
9. Agency Comments
9.1 Veridian Connections provided eleven comments of a standard nature, appropriate to a
single detached dwelling.
9.2 Comments have not been received from Regional Works, Regional Planning, the Public
School Board, or the Separate School Board.
10. Departmental Comments
10.1 The Building Division requires a 1.2 metre minimum interior side yard setback for the two
existing dwellings from any proposed property boundary.
10.2 The Engineering Services Department has no objection to the rezoning. For the related
land divisions all concerns and conditions of the Department must be addressed prior to
clearance letter issuance.
10.3 The Operations Department noted the normal parking requirements must be maintained
for the additional residential lot. The availability of on-street parking and the ability of the
Department to remove roadway snow must not be reduced.
11 . Discussion
11.1 This is an older portion of Bowmanville constructed largely between 1910 and 1950. Most
of the homes are bungalows or 1 Y2 storey homes. They are smaller homes on larger lots
with depths between 39 and 45 metres. The homes were built prior to a Zoning By-law
for Bowmanville and most homes do not meet zoning standards.
11.2 The Elgin Street lot frontages on both sides, between Third and Fourth Streets, are
generally larger, particularly on the east side. Many of the lots on the west side have lot
frontages comparable but slightly larger than the proposed lots but still non-conforming to
the zoning lot frontage requirement of 15 metres.
Municipality of Clarington
Report PSD-001-16 Page 7
11.3 The Provincial, Regional and Clarington Plans emphasize infill and intensification of
urban and fully serviced areas such as this neighbourhood. This, however needs to be
balanced with compatibility and structure.
12. Conclusion
12.1 The purpose of this report is to provide background information on the Proposal with its
zoning regulation reductions, submitted by Heather Holt for the Public Meeting under the
Planning Act, issues identified and comments received to date. Staff will continue
processing the application including the preparation of a subsequent report upon
receiving outstanding agency comments.
13. Strategic Plan Application
13.1 The recommendations contained in this report conform to the Strategic Plan.
Municipality of Clarington
Report PSD-001-16 Page 3
Submitted by: Reviewed by�:
Dav J. C me, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell .clarington.net
The following is a list of the interested parties to be notified of Council's decision:
Heather Holt
Michael Fry
CP/BR/df/av