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Planning Services
Report
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Report To: Planning and Development Committee
Date of Meeting: February 1, 2016
Report Number: PSD-012-16 Resolution Number:
File Number: ZBA2015-0024 By-law Number: QOA - 0110
Report Subject: An application by Heather Holt to permit one additional single
detached dwelling by reductions in lot frontage and setback
requirements
Recommendations:
1. That Report PSD-012-16 be received;
2. That the Zoning By-law amendment application submitted by Heather Holt be approved
as contained in Attachment 1 to Report PSD-012-16;
3. That the Region of Durham Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report PSD-012-16
and Council's decision; and
4. That all interested parties listed in Report PSD-012-16 and any delegations be advised of
Council's decision.
Municipality of Clarington
Report PSD-012-16 Page 2
Report Overview
This report recommends that Council rezone the two properties to permit a reduction in lot
frontage and setbacks to create one additional lot through Land Division Applications LD
055/2015 and LD 056/2015. The zoning amendment provides regulations to maintain the
character of the neighbourhood.
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 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 were circulated 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 did not comply with the zone provisions. The land severances were
not supported by staff and were considered premature, pending a rezoning application.
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-012-16 Page 3
Figure 1: Plan of Proposed Severances
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THIRD STREET
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Municipality of Clarington
Report PSD-012-16 Page 4
I Land Characteristics and Surrounding Uses
3.1 The subject properties and the surrounding properties are built out with single detached
and semi-detached 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
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-012-16 Page 5
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 yard setback of 4.33
metres which does not meet the minimum interior side yard setback of 4.5 metres. For
a dwelling without an attached garage.
• 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 are not impacted
by the lot lines created by the severances.
7. Public Submissions
7.1 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.
7.2 Other than a representative of D.G. Biddle & Associates, the agent, no one appeared at
the public meeting on January 11, 2016.
Municipality of Clarington
Report PSD-012-16 Page 6
8. Agency Comments
8.1 Veridian Connections provided eleven comments of a standard nature, appropriate to a
single detached dwelling.
8.2 Canada Post said they had no objections and noted that for the interim, door to door
delivery would occur on the new additional lot as is the case with the rest of the street.
Should Canada Post mandates and policies change the entire street may be converted to
community mailboxes. Remaining comments were of a standard nature.
8.3 Regional Planning noted the properties are also the subject of severance and lot line
adjustment the applications of which have been tabled pending approval of rezoning.
The rezoning application conforms to the Regional Official Plan. The application
generally conforms to the Growth Plan as it is intensification in the built-up area.
Regional Works comments are the same as the comments for the related land divisions
but, it has no objections to the application.
9. Departmental Comments
9.1 The Building Division requires a 1.2 metre minimum interior side yard setback for the two
existing dwellings from any proposed property boundary. The severance as proposed
complies with this requirement.
9.2 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.
9.3 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.
10. Discussion
10.1 This is an older portion of Bowmanville constructed largely between 1910 and 1950. Most
of the homes are bungalows or 1 '/2 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.
10.2 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 slightly larger than the proposed lots but still non-conforming to the zoning lot
frontage requirement of 15 metres.
10.3 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.
Municipality of Clarington
Report PSD-012-16 Page 7
10.4 131 Elgin Street (the north lot) has deficient front yard setback but it is legal non-
conforming and this setback appears generally consistent with the average for the block
on the east side of Elgin. Therefore, it is recommended that the zoning remain R1 and
the Zoning By-law Amendment apply only to 127 Elgin and the additional lot (the south
and middle lots).
Figure 3: View of east side of Elgin Street between Third Street and Fourth Street
--- - `,-_
' Subject Lot +'t
R
f \
as ELGIN STREET
10.5 The proposed zoning by-law amendment is for a residential zone that permits lots with 12
metres frontages. In order to ensure a house on the new lot is compatible with the
character of the existing houses on the street the zoning for the proposed lot and retained
lot at 127 Elgin Street contains the following:
• a front yard setback for the dwelling consists of a minimum 4.5 metres and a
maximum 6 metres;
• the garage requires a minimum setback of 9.0 metres;
• the interior side yard setback for a dwelling without an attached garage or carport
may be 4.0 metres on one side and 0.75 metres on the other side, rather than 4.5
metres and 1.2 metres respectively to recognize a deficiency created by one of the
proposed lot lines; and
• since most of the homes in the vicinity are bungalows or 1 1/2 storeys, the
additional dwelling should be less than two full storeys, hence a maximum building
height of 6.5 metre is proposed.
10.6 All municipal taxes have been paid at the time of writing Report PSD-012-16.
11 . Concurrence
Not Applicable
Municipality of Clarington
Report PSD-012-16 Page 8
12. Conclusion
In consideration of all agency, staff and public comments, it is respectfully recommended
that the proposed zoning by-law be approved.
13. Strategic Plan Application
13.1 The recommendations contained in this report conform to the Strategic Plan.
Submitted by: Reviewed by: '
Da9J.�C�rome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: Bob Russell, Planner II, 905-623-3379 ext. 2421 or brussell(a-clarington.net
Attachments:
Attachment 1 - Zoning By-law Amendment
The following is a list of the interested parties to be notified of Council's decision:
Heather Holt
Dan Dissanayake
Allan David Cleland
Michael Fry
CP/BR/df
Attachment 1 to
Municipality of Clarington Report PSD-012-16
Corporation of the Municipality of Clarington
By-law 2016-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the Municipality of Clarington
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2015-0024;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. Section 13.4.1 Urban Residential Exceptions — Urban Residential Type Two
(R2) Zone is hereby amended by adding thereto, the following new Special
Exception zone 13.4.83 as follows:
"13.4.83 Urban Residential Exception (R2-83) Zone
Notwithstanding Sections 13.2 c. i), 13.2 c. iii) b), and 13.2 g. those lands
zoned R2-83 as shown on the Schedules to this By-law shall permit one single
detached dwelling unit or bungaloft dwelling. Residential dwellings shall
comply with the zone regulations:
a. Yard Requirements:
i) Front yard setback (minimum) 4.5 metres
Front yard setback (maximum) 6.0 metres
Front yard setback to garage (minimum) 9.0 metres
ii) Interior side yard without an attached garage or carport
4.0 metres on one side,
0.75 metres on the other side
b. Building Height (maximum): 6.5 metres
i
2. Schedule `3' to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from "Urban Residential Type One (R1)" to
"Urban Residential Exception (R2-83)" as illustrated on the attached Schedule 'A'
hereto.
3. Schedule `A' attached hereto shall form part of this By-law.
4. This By-law shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act.
By-Law passed in open session this day of , 2016
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
I
This is Schedule "A" to By-law 2016- , passed this day of , 2016 A.D.
26
FOURTH STREET
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19 23 25 140 45 47
21 134
138 139
132
136 137
134
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W 135 130
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g 128
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63
120 122
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60 156 142 123
152 148 122
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THIRD STREET
55
147 118 125 121 114
54 119
N
:. Zoning To Remain TV
® Zoning Change From TV To "R2-83"
Adrian Foster,Mayor Bowmanville • ZBA 2015-0024 • Schedule 3 C.Anne Greentree,Municipal Clerk