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HomeMy WebLinkAboutA2020-0051 11 Church Street Comments (2)c1twingoll Planning Services Committee of Adjustment Addendum Report to the November 12 A2020-0051 Comments Date of Meeting: December 10, 2020 File Number: A2020-0051 Address: 11 Church Street, Bowmanville Report Subject: A minor variance application to reduce the front yard setback from the required 4.5 metres to 4.1 metres to the dwelling. Recommendations: 1. That the Report for Application A2020-0051 be lifted from the table; 2. That the Addendum Report for Minor Variance Application A2020-0051 be received; 3. That all written comments and verbal submissions were considered in the deliberation of this application; 4. That application A2020-0051 for a minor variance to Section 12.2 d. i) of Zoning By-law 84-63 to reduce the front yard setback from the minimum required 4.5 metres to 4.1 metres to the dwelling be tabled for a period of up to sixty (60) days, to allow the applicant more time to satisfy municipal requirements relating to the reinstatement of a second parking space; and 5. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2020-0051 1 Background Page 2 1.1 Application A2020-0051 was heard at the Committee of Adjustment meeting on November 12, 2020. The applicant was given additional time to comply with Infrastructure Division of the Public Works Department's requirements for an Entrance Permit and the Committee approved the following motion: "That application A2020-0051 for a minor variance to Section 12.2 d. i) of Zoning By-law 84-63 to reduce the front yard setback from the minimum required 4.5 metres to 4.1 metres to the dwelling be tabled for a period of up to thirty (30) days, to allow the applicant more time to meet the Entrance Permit requirements of the Infrastructure Division of the Public Works Department" 1.2 Since the last meeting, the applicant has removed a portion of the fence to provide a second outdoor parking space off Lambert Street (See Figure 1). Staff have been on site to inspect the fence and it does not meet the sightline requirements for an Entrance Permit. The owner must obtain an Entrance Permit which requires the applicant to meet the fence requirements. Figure 1: Proposed Driveway off Lambert Street 1.3 Staff are coordinating with various internal departments to ensure all municipal aspects are addressed prior to resolving the setback compliance through the minor variance. Staff need to ensure the second parking space has been re-established in order to recommend approval of the variance for the setback. 2 Conclusion 2.1 Given the above comments, Staff recommends this application for a minor variance be tabled for a period of up to sixty (60) days, to allow the applicant Municipality of Clarington Committee of Adjustment A2020-0051 Page 3 more time to meet the municipal requirements relating to the reinstatement of a second parking space. Submitted by: Anne Taylo Scott, Principal Planner, Development Review Branch The following is a list of interested parties to be notified of the Committee's decision: Alan Johansen c1twingwn Planning Services Committee of Adjustment Date of Meeting: November 12, 2020 File Number: A2020-0051 Address: 11 Church Street, Bowmanville Report Subject: A minor variance application to reduce the front yard setback from the required 4.5 metres to 4.1 metres to the dwelling. Recommendations: 1. That the Report for Minor Variance Application A2020-0051 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2020-0051 for a minor variance to Section 12.2 d. i) of Zoning By-law 84-63 to reduce the front yard setback from the minimum required 4.5 metres to 4.1 metres to the dwelling be tabled for a period of up to thirty (30) days, to allow the applicant more time to meet the Entrance Permit requirements of the Infrastructure Division of the Public Works Department; and 4 That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2020-0051 Page 2 1 Application Details 1.1 Owner/Applicant: Alan Johansen 1.2 Proposal: Minor variance to Section 12.2 d. i) of Zoning By-law 84-63 to reduce the front yard setback from the minimum required 4.5 metres to 4.1 metres to the dwelling. 1.3 Area of Lot: 1,012 square metres 1.4 Location: 11 Church Street (see Figure 1) 1.5 Legal Description: Part Lot 10, Concession 1, Former Township of Darlington 1.6 Zoning: Urban Residential Type One (R1) Zone of Zoning By-law 84- 63 1.7 Clarington Official Plan Designation: Urban Centre 1.8 Durham Region Official Plan Designation: Living Areas 1.9 Heritage Status: None Municipality of Clarington Committee of Adjustment A2020-0051 44 2 �4 45 42 ' .� G .,�` 40 41 39 4 4r'0 35 37 TT WELLINGTo H STREET _ e 31 r� 3 28 8 25 27 24 25 22 23 T2. C`7 21 19 IQ1► 17 N cNv �T9 / l.N,1 CON:1 ` a 14 10 9 — W LU � rn rn ISTREEF CD u7 Uft � d7 W 4 m ry J a� A 32 Property Location Map (Bowmanvitle) - Area Subject To Minor Variance 11 Church Street, 6owmanville A2020-005 r 47 Page 3 37 35 33 31 29 27 2721 3g 17 1� 7 59 3 LQ7 10 2 CON, w r- Ln 3 2 4 5 7 s F, L J --L 9 V Figure 1 — Location Map Municipality of Clarington Committee of Adjustment A2020-0051 2 Background 2.1 A By-law complaint was received regarding the removal of parking for the detached dwelling at 11 Church Street in Bowmanville. Page 4 2.2 Upon review of the property, it was noted that the front yard setback was also not in compliance with the Zoning By-law. 2.3 A Building Permit to change the use of the garage to living space and to expand a portion of the dwelling by 1.2 metres in the front yard was submitted and approved in April 2019. Based on misinformation at the time of permit issuance the front yard setback did not comply with the Zoning By-law. 2.4 The site plan submitted with the 2019 Building Permit showed a proposed driveway with tandem parking for two parking spaces accessed via Lambert Street. Subsequently, the property owner wishes to deviate from the original plan for two spaces off Lambert Street and proceed with one space on the Church Street frontage (recently reinstated), and one outdoor parking space accessed via Lambert Street. The owner is working with the Infrastructure Division of the Public Works Department to meet the requirements for an Entrance Permit from Lambert Street for the second outdoor parking space. At the time of writing this report, the second parking space has not been installed. 3 Land Characteristics and Surrounding Uses 3.1 The subject property is located at 11 Church Street in Bowmanville, at the southeast corner of Church and Lambert Streets (see Figure 1). The property is a corner lot and approximately 1,012 square metres in size. The property has a lot frontage of approximately 20 metres on Church Street and 50 metres on Lambert Street with an approximate depth of 50 metres. 3.2 The surrounding uses to the north include a public elementary school, to the east is residential and to the south and west are commercial plazas. 4 Discussion 4.1 The owner is required to provide two outdoor parking spaces for the detached dwelling. As this is before Municipal By-law Enforcement, the parking deficiency must be corrected to ensure conformity to the Zoning By-law otherwise, this application is premature. There are visibility concerns with the existing fence along Lambert Street. The owner is working with the Infrastructure Division of the Public Works Department to resolve this concern prior to obtaining an Entrance Permit. Municipality of Clarington Committee of Adjustment A2020-0051 5 Conclusion Page 5 5.1 Given the above comments, Staff recommends this application for a minor variance be tabled for a period of up to thirty (30) days to allow the owner more time to comply with the requirements for the Entrance Permit. Submitted by: Anne Taylo'r Scott, Principal Planner, Development Review Branch The following is a list of interested parties to be notified of the Committee's decision: Alan Johansen