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HomeMy WebLinkAboutComments A2021-0001 3493 Concession Road 3Clarftwn Planning and Development Services Committee of Adjustment If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: February 18, 2021 File Number: A2020-0001 Address: 3493 Concession Road 3, Newcastle Report Subject: Minor variance application to permit the existing accessory building (garage) by increasing the maximum permitted height from 4.5 metres to 5.1 metres. Recommendations: 1. That the Report for Minor Variance A2021- 0001 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2021-0001 for a minor variance to Section 3.1.c. of Zoning By-law 84-63 to permit the existing accessory building (garage) by increasing the maximum permitted height from 4.5 metres to 5.1 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; and 4. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2021-0001 1. Application Details 1.1 Owner/Applicant: Francesco Barone 1.2 Agent: Paul Poulsson Page 2 1.3 Proposal: Minor variance to Section 3.1.c. of Zoning By-law 84-63 to permit the existing accessory building (garage) by increasing the maximum permitted height from 4.5 metres to 5.1 metres 1.4 Area of Lot: 7,446 square metres 1.5 Location: 3493 Concession Road 3, Newcastle (See Figure 1) 1.6 Legal Description: Part Lot 29, Concession 3, Former Township of Clarke 1.7 Zoning: Agricultural Exception (A-1) Zone of Zoning By-law 84-63 1.8 Clarington Official Plan Designation: Prime Agricultural Area 1.9 Durham Region Official Plan Designation: Prime Agricultural Area 1.10 Heritage Status: None Municipality of Clarington Committee of Adjustment A2021-0021 Page 3 [_7 3367 76 3341 3313 3279 3243 4G� 3211 LOT: 30 LOT, 29 _ _ - LOT: 28 LOT: 27 q CON: 3 CON: 3 3191 CON, 3 CON:3 3172 3171 0 A2021-0001 •ConcessionRd 3 3099 3072 -y lLM - 30A5 I r 3005 1 3025 m CONCESSION IWDC3 ONCESSIGN:Fri LOT: 31 CON: 2 W LOT: 30 LOT:29 LOT: 28 LOT: 27 CON:2 CON:2 CON:2 CON:2 3, LZ Im- i Property Location Map (Clarke) - Area Subject To Minor Variance 3493 Concession Road 3, Clarke s I�w vi9e • �. Newcastle W�nN A2021-0001 Figure 1: Key Map Municipality of Clarington Committee of Adjustment A2021-0001 2. Background Page 4 2.1 In 2012, the applicant, Frank Barone submitted a minor variance application to increase the maximum permitted floor area of an accessory garage. On May 10, 2012 a minor variance (A2012-0015) to permit the construction of an accessory building (detached garage) by increasing the maximum permitted total floor area for accessory buildings from 90 square metres to 390 square metres was denied. 2.2 The applicant worked with staff to reduce the size of the garage to meet the four tests of the Planning Act for minor variances. On July 5, 2012 a minor variance (A2012-0036) to permit the construction of a detached garage by increasing the maximum permitted total floor area for accessory buildings from 90 square metres to 120 square metres was approved. 2.3 On September 18, 2019 the owner applied for a building permit for a detached garage. The submitted drawings for the garage specified a total floor area of 118 square metres and a height of 4.5 metres. A building permit for the detached garage was issued July 7, 2020. 2.4 Through a building inspection, it was determined that the garage exceeded the maximum height of 4.5 metres for an accessory building. 2.5 The elevation drawing notes a revised height of 5.1 metres and an explanation from the agent that 14-foot studs were used in error. This resulted in the existing garage exceeding the maximum permitted height for an accessory structure by 0.6 metres (See Figure 2). 2.6 On January 21, 2021 the owner applied for a minor variance to increase the maximum permitted height of an accessory structure from 4.5 metres to 5.1 metres. In the application, the reason given for the error was that the drawings were misread. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 3493 Concession Road 3, just outside of the Newcastle urban boundary. The property is located inside the ramp configuration at the Highway 35/115 and Concession Road 3 interchange and is surrounded by Concession Road 3 or Highway 35/115 on all sides. The property is irregular in shape and has a lot area of 7,446 square metres. 3.2 Beyond on ramp to the north is Foster Creek and to the east is Highway 35/115. To the south and west of the property beyond the ramp and Concession Road 3 are rural residential dwellings and farm fields. Municipality of Clarington Committee of Adjustment A2021-0021 Page 5 IWA A�) 9MC. — 'FJ YJOE�, OCk r S;K& P' WJ� ► 90F 7�5 2 4" or- hi+w14. 12 [v W. 2"x 6" MAJi W/ " qtA. ANO<R VOI-Ir5 & &-�Y" O 4" Cam, 5i m W/ 6.bi 64 WW.M. . ON PAW- OWOF� ON 6" or in Jt: NN Figure 2: Elevation Drawing Revised Height 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 did not receive any public enquiries about this application. 5. Departmental Comments 5.1 The Infrastructure Division of the Public Works Department has no objection to this application. Municipality of Clarington Committee of Adjustment A2021-0021 Page 6 5.2 The Building Division of the Planning and Development Services Department has not provided any objections to the minor variance application. 5.3 The Clarington Emergency and Fire Services Department has no fire safety concerns with this application. 6. Agency Comments 6.1 The Region of Durham has no objections to the application. 6.2 At the time of writing this report the Ministry of Transportation (MTO) had not provided comments for this application. 7. Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 7.1 The subject property is designated "Prime Agricultural Area" within the Durham Region and Clarington Official Plans. The accessory building is permitted within the "Prime Agricultural Area" designation. 7.2 It is staff's opinion that the application conforms to the intent and purpose of both the Official Plans. Conformity with the intent and purpose of the Zoning By-law 7.3 The subject property is zoned Agricultural Exception (A-1) Zone in Zoning By-law 84-63 which permits the residential use and accessory buildings such as the detached garage. Section 3.1.c. of the Zoning By-law provides regulations for accessory buildings. For the subject property, the maximum permitted height is 4.5 metres and the maximum floor area is 120 square metres (A2012-0036). 7.4 The accessory building is 5.1 metres in height, which is 0.6 metres higher than permitted by the Zoning By-law (See Figure 3). The intent of regulating height for accessory buildings on residential properties is to ensure that they are an appropriate size and scale for the lot. The residence should appear to be the dominant and principle use of the property and accessory buildings should have adverse effects on neighbouring properties. Municipality of Clarington Committee of Adjustment A2021-0021 Figure 3: Detached Garage Page 7 7.5 While 0.6 metres taller than the Zoning By-law, the existing structure maintains an appropriate scale in relation to the detached dwelling. The detached dwelling is 6.5 in height and 502 square metres in area. In addition, there is adequate separation between the accessory building and existing residence (See Figure 4). The detached garage is the only accessory building for the existing residence and has adequate setbacks to all property lines. The nearest neighbouring dwelling is located across the road and more than 50 metres south of the garage location. The accessory building conforms to all other accessory building provisions for the Zoning By-law. Municipality of Clarington Committee of Adjustment A2021-0021 Page 8 xf Nr Detached f Dwelling �I o i A 8 c�a �c�cwL .b 4 Figure 4: Site Plan 7.6 For the above reasons, it is in staff's opinion that the proposal maintains the intent and purpose of the Zoning By-law. Desirable for the appropriate development or use of the land, building or structure 7.7 The appropriate use of land is residential, and the garage is accessory to the residential use. Staff are satisfied that the building will remain accessory to the principal dwelling. Building permit drawings do not suggest that the increased height will result in the addition of a second story, or that the building will be used for any other purposes than storage of personal effects and will remain accessory to the principle residential use. 7.8 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. Municipality of Clarington Committee of Adjustment A2021-0021 Minor in Nature Page 9 7.9 The proposed building conforms to both Official Plans and maintains the intent of the regulations for accessory buildings in the Zoning By-law. The increase in height by 0.6 metres is not a significant deviation from the Zoning By-law regulation and given the property's unique location and increased setbacks the minor variance related to height can be considered minor in nature. Visual impacts will be negligible. 8. Conclusion 8.1 Based on Staff's review, the application conforms to the intent and purpose of the Regional and Municipal Official Plans and the Zoning By-law, is desirable for the appropriate development or use of land and is deemed to be minor in nature. 8.2 Given the comments above, Staff recommends approving this application for minor variance to Section 3.1.c. of Zoning By-law 84-63 to permit the continued use of an existing accessory building by increasing the maximum permitted height from 4.5 metres to 5.1 metres. Submitted by: -y Anne Taylor Scott, MCIP, RPP Principal Planner, Development Review Branch The following interested parties will be notified of Committee's decision: Frank Barone Paul Poulsson