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Home My WebLink AboutA2020-0026 50 Horsey Street commentsc1twingwn Planning Services Committee of Adjustment Date of Meeting: July 23, 2020 File Number: A2020-0026 Report Subject: A minor variance application to increase the permitted floor area of accessory buildings from 60 square metres to 64 square metres. Recommendations: 1. That the Report for Minor Variance Application A2020-0026 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2020-0026 to Section 3.1c of Zoning By-law 84-63 to increase the permitted floor area of accessory buildings from 60 square metres to 64 square metres 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; subject to the following condition: i. That the existing shed and garage on the property be removed within 60 days of the issuance of the building permit. 4. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2020-0026 Page 2 1 Application Details 1.1 Applicant/Owner: Bruce Syer 1.2 Proposal : Minor variance to Section 3.1 c of Zoning By-law 84-63 to increase the permitted floor area of accessory buildings from 60 square metres to 64 square metres. 1.3 Area of Lot: 1823 square metres 1.4 Location: 50 Horsey Street, Bowmanville (see Figure 1) 1.5 Legal Description: Part Lot 12, Concession 1, Former Township of Darlington 1.6 Zoning: Urban Residential Exception (R1-3) Zone of Zoning By-law 84-63 1.7 Clarington Official Plan Designation: Urban Residential 1.8 Durham Region Official Plan Designation: Regional Centre 1.9 Heritage Status: None Municipality of Clarington Committee of Adjustment A2020-0026 Page 3 74 81 72�z 7977 v r' r' cv r el 7�2 DLL TREE oo r W ODELL STREET' W ODELL STREET '� 12 W ^ 68 w LOT:1 �8 73 � 11 N "' LOTS 2 5 Q � 1H � -rpN-2 7 10 LA N: 2 7 fib LA ss w Z �1 64 6UJ 4 IL W 47 45 0 = s2 s5 �Ny I.f. �y O SS1 oo Qom] Opp M< �N DO I.r Lit LY 2 w F -- LA 40 w 0 38 V CONCESSION STREET h 1 '6 b� ry1 �Q� rS � S rt' ti !tr Cb L0T:12 CON: 1 �Er' 30 29 G66 11--�dy, 23��bry y+� ? r 19 12 Property Location Map (Bowmanvitle) - Area Subject To Minor Variance w 50 Horsey Street, Bowmanville s e A2020-0026 Figure 1 — Location Map 4 � LOWE STREET r Municipality of Clarington Committee of Adjustment A2020-0026 2 Background Page 4 2.1 The applicant wishes to build a detached garage that exceeds the permitted floor area for accessory buildings. The existing garage and shed on the property are to be removed. 2.2 While the Notice of Hearing indicated an additional variance was required for an accessory building in the front yard, this variance is not required. Due to the irregular shape of the lot, the lot meets the definition of both a through lot and a corner lot in Zoning By-law 84-63. The definition of a through lot indicates that when a lot meets the definition of both a through lot and a corner lot, that the lot shall be deemed a corner lot. As such, Horsey Street is considered the front lot line, thus the proposed garage is located in the rear yard. 2.3 The subject property is within an area regulated by the Interim Control By-law. The Interim Control By-law stipulates in Section 1 c. that accessory buildings and structures are permitted provided that they comply with the provisions of Section 3 of the Zoning By-law. 2.4 Zoning By-law Amendment 2020-050 was passed on July 6t", 2020 and will come into effect on August 4t", 2020, repealing the Interim Control By-law. The proposed garage will comply with the provisions of Zoning By-law Amendment 2020-050. 3 Land Characteristics and Surrounding Uses 3.1 The subject property is located at 50 Horsey Street in Bowmanville. It is located at the southeast corner of Concession and Horsey Streets, west of Elgin Street. The property is irregular in shape and is considered a corner lot. The property has a lot area of approximately 1823 square metres, an approximate street frontage of 67 metres on Horsey Street and 76 metres on Concession Street and an approximate depth of 72 metres. The subject property is generally larger in lot area and street frontage than surrounding properties due, in part, to its irregular shape. 3.2 Land uses to the north and south are residential in the form of single- and semi- detached dwellings. To the east is the Glen Hill Marnwood long-term care facility. To the west is Canadian Pacific Railway. 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. Municipality of Clarington Committee of Adjustment A2020-0026 4.2 Staff did not receive any public enquiries about this application. 5 Departmental Comments 5.1 Clarington Engineering Services Department Page 5 The Clarington Engineering Services Department require that a grading plan be submitted with a building permit application. The Clarington Engineering Services Department has no objection to this application provided the grading/drainage pattern within the lot is not altered. 5.2 Clarington Building Division The Clarington Building Division has no concerns with this application. A building permit is required. 5.3 Clarington Emergency and Fire Services Department 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 subject property is zoned Urban Residential Exception (R1-3) Zone which permits the residential use and accessory buildings such as the proposed detached garage in addition to a long-term care facility. Section 3.1 c of Zoning By-law 84-63 provides regulations for accessory buildings. Accessory buildings in the Urban Residential Zone may have a maximum total floor area of either 60 square metres, or 10% of the lot area, whichever is less. The proposed detached garage has a total floor area of 64 square metres or 3.5% of the total lot area (See Figure 2). 6.2 The intent of the total accessory floor area regulation is to ensure that accessory buildings remain secondary to the principle residential use and do not overwhelm the property. The proposed garage has a floor area of 64 square metres, which is larger than the permitted 60 square metres. The proposed garage is 3.5% of the lot area which is less than the maximum lot area regulation of 10% for accessory structures. The single detached dwelling is approximately 103.9 square metres or 5.6% of the total lot area. The garage is secondary to the residential use and does not overwhelm the property in terms of building area. The application proposes a total lot coverage of approximately 9%, which is below the permitted 40% total lot coverage for a single detached dwelling in the Urban Residential Type One Zone. Municipality of Clarington Committee of Adjustment A2020-0026 Page 6 6.3 For the above reasons, it is in staff's opinion that the proposal maintains the intent and purpose of the Zoning By-law. LOT NO, PLAN NO. TOWN OI 60WMANVILLr-_ MUNICIPALITY OF GLARINGTON 4 1 'Ile i �g59✓ � tlE 11 1 f�0 1 t- MB.S A N01:%Y 5TMT rWpc5r�O GA�, Figure 2: Site plan diagram with existing dwelling and proposed garage Conformity with the intent and purpose of the Regional and Clarington Official Plans 6.4 The subject property is designated "Regional Centre" in the Durham Regional Official Plan and "Urban Residential" within the Clarington Official Plan. Both the Regional and Clarington Official Plans permit the residential use of the property. The garage is accessory to the primary residential use. 6.5 It is staff's opinion that the application conforms to the intent and purpose of both the Official Plans. Municipality of Clarington Committee of Adjustment A2020-0026 Desirable for the appropriate development or use of the land, building or structure Page 7 6.6 The appropriate development in this zone is residential. The existing dwelling is a residential use and the proposed garage is accessory to the residential use. The proposed garage is in the rear yard. The requested variance will allow for an accessory garage in the rear yard that will replace the existing garage and shed on the property that are to be removed. 6.7 For the above stated reasons, it is staff's opinion that the minor variance requested is desirable for the residential use of land and building. Minor in Nature 6.8 The proposed accessory building conforms to both Official Plans and maintains the intent of the regulations for accessory buildings in the Zoning By-law. The variance will allow for a slightly larger garage that will replace the existing garage and shed on the property. For the above stated reasons, it is staff's opinion that the proposed garage is minor nature would be desirable for the neighbourhood. 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 a minor variance to Section 3.1 c of Zoning By-law 84-63 to increase the permitted floor area of an accessory building from 60 square metres to 64 square metres subject to the following condition: That the existing shed and garage on the property be removed within 30 days of the issuance of the building permit. 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: Bruce Syer