HomeMy WebLinkAboutA2020-0025 74 Auburn Lane Commentsc1twingm],
Planning Services
Committee of Adjustment
Date of Meeting: July 23, 2020
File Number: A2020-0025
Report Subject: A minor variance application to facilitate a proposed deck
by increasing the permitted deck projection from 1.5
metres to 3.8 metres and increasing the permitted lot
coverage from 40% to 45%.
Recommendations:
1. That the Report for Minor Variance Application A2019-0025 be received;
2. That all written comments and verbal submissions were considered in Staff's
deliberation of this application;
3. That application A2019-0025 for minor variances to Section 3.1 g. iv) and Section
12.2 f. i) of Zoning By-law 84-63 to facilitate a proposed deck by increasing the
permitted deck projection from 1.5 metres to 3.8 metres and increasing the permitted
lot coverage from 40% to 45% be approved as it is minor in nature, is 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 A2020-0025
1 Application Details
1.1 Applicant/Owner: David Reid
Page 2
1.2 Proposal: Minor variances to Section 3.1 g. iv) and Section 12.2 f. i) of
Zoning By-law 84-63 to facilitate a proposed deck by
increasing the permitted deck projection from 1.5 metres to
3.8 metres and increasing the permitted lot coverage from
40% to 45%.
1.3 Area of Lot: 658 square metres
1.4 Location: 74 Auburn Lane, Courtice (see Figure 1)
1.5 Legal Description: Part Lot 34, Concession 2, Former Township of Darlington
1.6 Zoning: Urban Residential (R1) Zone of Zoning By-law 84-63
1.7 Clarington Official
Plan Designation: Urban Residential
1.8 Durham Region
Official Plan
Designation: Living Areas
1.9 Heritage Status: None
Municipality of Clarington
Committee of Adjustment A2020-0025
Figure 1 — Location Map
Page 3
Municipality of Clarington
Committee of Adjustment A2020-0025
2 Background
Page 4
2.1 A minor variance is required because the applicant wishes to replace an existing deck
with a larger deck that projects further into the rear yard setback and increases lot
coverage more than the Zoning By-law permits.
3 Land Characteristics and Surrounding Uses
3.1 The subject property is located at 74 Auburn Lane, which is east of Townline Road,
west of Robert Adams Drive, north of Glenabbey Drive, and south of Highway 2 (see
Figure 1). The lot is approximately 658 square metres with an approximate frontage of
15 metres and an approximate depth of 30 metres. The property is similar to
surrounding residential lots.
3.2 The surrounding uses to the south, east, and west are residential. To the north, the
rear property line abuts the Farewell Creek valley lands, which are owned by the
Municipality of Clarington and zoned Environmental Protection.
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 a phone call and follow-up email from a neighbour. The comments via
email are attached to this report as Appendix A.
5 Departmental Comments
5.1 The Clarington Engineering Services Department has no concerns with this
application provided the grading/drainage pattern within the lot is not altered.
5.2 The Clarington Building Division has no concerns with this application.
5.3 The Clarington Emergency Services has no fire safety concerns with this application.
6 Discussion
Conformity with the intent and purpose of the Zoning By-law
6.1 The intent and purpose of allowing but limiting decks and other structures to project
into required yard setbacks is to limit encroachment and not overwhelm neighbouring
properties. The subject property is zoned R1, which has a minimum rear yard setback
of 7.5 metres and allows decks and other structures to project into this setback up to
1.5 metres leaving setback of 6 metres.
Municipality of Clarington
Committee of Adjustment A2020-0025
Page 5
Conformity with the intent and purpose of the Regional and Clarington Official Plans
6.2 Both the Regional and Clarington Official Plans permit the residential use of the
property. The deck is accessory to the residential use.
6.3 For the above stated reasons, it is staff's opinion that the application conforms to the
intent and purpose of both the Official Plans.
6.4 The provided drawing showing the existing deck extends from the rear of the house
2.1 metres leaving a 6.3 metre setback from the rear property line. The deck is 1.4
metres in height and accessed from the dwelling's main floor (see Figure 2).
6.5 The Zoning By-law allows decks and other similar structures to project 1.5 metres into
required yard setbacks whereas the proposed deck would replace the existing deck
and project 3.8 metres. The proposed deck extends 6.4 metres from the rear of the
house leaving a distance of 1.8 metres from the rear property line. The proposed deck
remains at 1.4 metres in height and accessed from the main floor. The proposed deck
is 1.5 metres closer to the easterly interior lot line but still leaves a 2.4 metre setback
(see Figure 3).
6.6 Though the deck is less than 2 metres from the rear property line, to the rear of the
property is the Farewell Creek valley lands which are owned by the Municipality of
Clarington and zoned Environmental Protection. The applicant explained that they
wanted the deck to extend further out from the house, rather that extend across along
the rear of the dwelling due to basement windows that would be covered by the deck
were it to extend across the rear of the dwelling.
74 Auburn Lane (backyard) Farewell Creek in—tI.. Area
Current Site iProoef„t,aRi
Form
(PrcPnty Llnei s
�6
CEDARS
34 fear
97 feet
• Size: 14 feet x 7 feet (98 square feet)
Setback see diagram
r Height from groarnd: 4.5 leer
• # of deck posts: 3
0ee# p f osts 6xS inch
Beams. 2x10 (3)
• Joists: M (16 inches en -centre)
r # of risers for stairs:7
r stair dimensions:riser (6.51inches 1,n
Slkio
4--- — -
H
® ■OU�/SF
'tx lee[ 70.S feK 7
v
re ck
(Pro i.rty LI e]
awns '
4
'•" ., DECK
� �sN.fBwaw�l
r
f
GRA55
Figure 2: Provided drawing of rear yard with existing deck
Municipality of Clarington
Committee of Adjustment A2020-0025
74 Auburn Lane (backyard) F� rewen Creek rn nersatlu a Ar
Proposed Deck r OmperwLim)
Fenn
IPrvPO'tY unei 9fect
6 Teet4
+ 36 he!
L
63 hat
Size: see diagram (irregular shape, approx. 475 square feet)
Sethack:see diagram
Beam & Joist Span: see diagram
Beam & Joist Cartilever:2 feet
Height Ircm ground: M feet
N of new deck posts: 9
"Of re -used exlsting deck posts: 3
Sire of new deck pest piers: 12 inches
Deck posts: 6x6Inch
Beamsi 200 (3)
Joists: W (12 Inches on -centre)
hot risers for stairs (both sets): 7
Stair dimensions: riser (6.51nches), run (11 Inches)
7 feet 7fgef 7h.!
tµ
DECK ,r..umv[nr.l
1 +i,e ' f '-' � t .7
••:wki' ■
zliut � � 7hrlpeN apml �
6 at
" P.�wd � fiket � fi}eei
S i}ke, iJoRr rPn�}
HOUSE
Figure 3: Provided drawing of rear yard with proposed deck
Page 6
GRASS
6.7 The main purpose of limits to lot coverage is to ensure there is sufficient run-off for
stormwater. Clarington's Engineering Department has no concerns with the proposal.
The residential lot is 656 square metres. The house covers 240 square metres, an
existing shed of approximately 4 square metres, and the proposed deck with stairs is
just under 50 square metres for a total lot coverage of 294 square metres or 44.8%.
To account for rounding errors, staff recommends permitting a total lot coverage of
45%. This is consistent with more recent urban residential zones that permit 40% lot
coverage for the dwelling and 45% lot coverage for all structures.
6.8 For the above reasons, it is in staff's opinion that the proposal maintains the intent and
purpose of the Zoning By-law.
Municipality of Clarington
Committee of Adjustment A2020-0025
in 4idkyxd, lad king 12M at horse
in WOyaed, looklnj pig
In hk",d, koaking I" I,t.W6d 6h�kde.0 .I deck)
bexkyarrl, making mgrth (standing mtlde [I.rrent deck)
Figure 4: Provided photos of existing rear yard
Page 7
Desirable for the appropriate development or use of the land, building or structure
6.9 The appropriate development for the subject property is residential. The deck is
accessory to the residential use.
6.10 The proposed deck leaves a 1.8 metre setback from the rear property line, however
the lands to the rear are valley lands owned by the Municipality of Clarington and
zoned Environmental Protection.
6.11 A neighbour's concerns (see Appendix 1) outlines a number of complaints about the
current property owners. However, the current application is for the rp operty and
evaluation of the proposal should not be influenced by who owns the property.
Concerns about construction noise or the owner's dogs are not relevant to this
application. As per the definition of "Landscaped open space" in Zoning By-law 84-63,
patio stones, walkways, river stones, etc. do not count towards lot coverage and
neither do moveable objects such as chairs or patio umbrellas. The shed has been
accounted for and there is no evidence of a gazebo on the property.
Municipality of Clarington
Committee of Adjustment A2020-0025
Page 8
6.12 For the above stated reasons, it is in staff's opinion that the minor variance requested
is desirable for the residential use of land and building.
Minor in Nature
6.13 While increasing the deck projection from 1.5 metres to 3.8 metres appears
significant, it is in conformity with the intent of the Zoning By-law. The proposal is also
in conformity with the intent of both the Regional and Municipal Official Plans. Due to
the Farewell Creek valley lands to the rear and the proposed deck being 2.4 metres
from the nearest side lot line, impacts on neighbouring lots properties are minimal.
6.14 For the above stated reasons, it is staff's opinion that the proposed increase in
permitted deck projection is minor in nature
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 this application for Minor
variances to Section 3.1 g. iv) and Section 12.2 f. i) of Zoning By-law 84-63 to facilitate
a proposed deck by increasing the permitted deck projection from 1.5 metres to 3.8
metres and increasing the permitted lot coverage from 40% to 45%.
Submitted by:
Cynthia Strike, Principal Planner,
Development Review Branch
The following is a list of interested parties to be notified of the Committee's decision:
David Reid
Elizabeth Samson
Municipality of Clarington
Committee of Adjustment A2020-0025 Page 9
Appendix A — Comments and photos from Elizabeth Samson
July 23, 2020 Hearing for Variance 74 Auburn Lane, Courtice
BACKGROUND: Between 2003 to 2005, Paul Halminen of Storybook Homes, developed 10 lots on Auburn
Lane. There was an environmental assessment and a number of benchmarks had to be met for permits to
allow their development. I have lived at 70 Auburn Lane since August 2005, and was one of the last to
purchase a home in this infill development. Before purchasing this house I felt I had done my due
diligence. The builder, Paul Halminen, provided a brochure, "Whitecliffe Ravine, Homeowners
Environmental Guide", which I have attached. I paid a premium for this lot, and was told CLOCA managed
the ravine. I was assured that there would never be construction in this Environmentally Protected Area. I
was cautioned that the homeowners of abutting properties needed to do their due diligence to protect the
ravine, and that what we did on our own properties could affect the health of the ravine. We were asked to
be "good stewards". It didn't take long before it became apparent that not everyone had the same vision
for this location. The original owners of 74 Auburn removed the fence that was originally installed in 2005,
and put in a different fence with a gate, not unlike several other owners, of the 10 infill lots. Little did I
know what the reality of living on this ravine would actually be.
PRESENT: The current owners, Amber & David Reid, moved into 74 Auburn Lane in late December 2018.
These photographs show the ravine and property in November2018 prior to their purchase. In May 2019
they cut down multiple trees (10+) in the ravine on the other side of their fence, and removed the
understory. They did not have a permit. The removal of the trees was illegal. The Municipality of
Clarington/Region of Durham claim they gave the homeowners a warning, however the homeowners claim
they were told they had done nothing wrong, and were in fact allowed to remove the trees and vegetation.
The homeowners claimed the trees were dead, which was not based in fact, as per these photographs. The
only dead tree was the one on their own property which can be seen in this photograph on the left near the
shed. The Region of Durham and the Municipality of Clarington did not follow their own brochure "The
Regional Tree Bylaw". No one took responsibility to restore the damage.
LOT COVERAGE: As you can see from these photographs of their rear yard, with their current deck, patio,
river stone, and shed, a substantial amount of their property is already covered and likely already exceeds
the 40% limit. Currently they have a large umbrella, gazebo, and patio furniture on the patio. Their front
yard has a double paved asphalt driveway with interlocking brick edging; interlocking stone front walk; side
walkway (east); and river stone on west and east sides of the front of the property as well as in the back,
along the west side, across the back of the fence, and across the back of the foundation, etc
w
x 1
` �,x}�%`1 { K � r YO'r �C' rli. 'y1' '"" � ,•L � 5 il.�� �.
71
-r. F
_ -•�� litr*
r' -
_ r'
`j J' ' •J "' ` + /i � � �• ��`}may
Municipality of Clarington
Committee of Adjustment A2020-0025
Page 11
DISCUSSION: The permit and variance, to allow an increase in the size of their deck from 1.5 metres (5 ft) to
3.8 metres (12.5 ft) should be denied based on:
• Substantial current lot coverage with home, driveway, walkways, patio, river stone, current
deck/stairs, and large shed. I believe that the coverage already exceeds the limit without the
increase in the size of the deck.
• RAVINE LOT that backs onto EPA. They knew this when they purchased the property. They should
have purchased elsewhere if the trees from the ravine, the pond in their backyard (which they
removed, and filled in), and the size of the deck were issues.
• Noise, and debris from the proposed construction, will create stress for my dogs and myself,
resulting in a lack of enjoyment of my property, and the loss of privacy, should this be granted.
• The noise and debris will disrupt the wild life and birds in the area, which include, but are not
limited to, Barred owls, Pileated wood peckers, Red Tailed Hawks, song birds, rabbits, squirrels,
chipmunks, racoons, skunks, and coyotes to name but a few.
• The proposed increased size of the deck is significant, increasing from 1.5 metres to 3.8 metres (5
feet to 12.5 feet) This will impact the privacy of both adjacent properties, and possibly their value.
• Having spoken with one of the previous owners of 74 Auburn Lane, it is my understanding that the
size of the deck, and lot coverage issues on this RAVINE LOT were ALREADY known, and hence this
information should have also been known to them and/or their agent.
• These owners have 2 large breed reactive rescue dogs, a Newfoundlander mix, and a Great
Pyrenes. The enlargement of this deck will limit their area of the backyard to a section closest to
mine. There have already been significant problems, and I have concerns that this will exacerbate
them.
• We continue to be in a global pandemic. Social distancing is difficult if not impossible with trades.
Thank you in advance for your consideration, and assistance in denying this variance and deck permit.
Elizabeth Samson