HomeMy WebLinkAboutMerged Comments A2020-0058 33 Bonathon 02-18-21Clarbgton
Planning and Development Services
Committee of Adjustment
Addendum Report to the January 21, 2021 A2020-0058 Report
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Date of Meeting: February 18, 2021
File Number: A2020-0058
Address: 33 Bonathon Crescent, Bowmanville
Report Subject: Minor variance application to facilitate the construction of a deck by
increasing the permitted projection into the rear yard setback from 1.5
metres to 2.2 metres; to permit an accessory structure (pergola) by
reducing the rear yard and interior side yard setback from 0.6 metres to
0.3 metres; and allowing an overhang projection of up to 0.15 metres for
the accessory structure (pergola) .
Recommendations:
1. That the Report for Application A2020- 0058 be lifted from the table;
2. That the Addendum Report for Minor Variance Application A2020-0058 be received;
3. That all written comments and verbal submissions were considered in the
deliberation of this application;
4. That application A2020-0058 for a minor variance to section 3.1.g. iv) of Zoning By-
law 84-63 to facilitate the construction of a deck by increasing the permitted
projection into the rear yard setback from 1.5 metres to 2.2 metres; to permit an
accessory structure (pergola) by reducing the rear yard and interior side yard
setback from 0.6 metres to 0.3 metres; and allowing an overhang projection of up to
0.15 metres for the accessory structure (pergola) be tabled for a period of up to
sixty (60) days to allow for proper giving of notice under the Planning Act; and
5. That all interested parties listed in this report be forwarded a copy of Committee's
decision.
Municipality of Clarington
Committee of Adjustment
A2020-0058
1. Background
Page 2
1.1 Application A2020-0058 was heard at the Committee of Adjustment meeting on
January 22, 2021. The applicant had requested additional time to discuss the proposal
with Clarington staff, the Committee approved the following motion:
"That application A2020-0058 for a minor variance to Section 3.1.g. iv) of Zoning
By-law 84-63 to facilitate the construction of a deck by increasing the permitted
projection into the rear yard from 1.5 metres to 4 metres be tabled for a period of
up to sixty (60) days to allow for further discussion with the applicant and to
provide an opportunity to revise the subject application"
1.2 The application was tabled as an additional accessory structure (pergola) was
observed by staff during a site visit. A pergola does not require a building permit under
the Ontario Building Code but is still subject to the accessory structure provisions in
Zoning By-law 84-63. The initial drawings included the partially constructed deck but
did not include the pergola. Staff observed that the pergola did not appear to meet the
Zoning By-law regulations and has continued to work with the applicant on
incorporating the deficiencies related to the pergola into the Minor Variance application
(See Figure 1).
Figure 1: View of the Pergola in the Rear Yard
1.3 Previously, the initial meeting notice indicated a minor variance for a deck projection
from 1.5 metres to 4 metres for the deck. Notice for this second meeting has been
provided incorrectly noting the requested variance is for an increase to the permitted
deck projection from 1.5 to 2.2 metres due to staff error. The deck projection should be
4 metres, consistent with the original notice. While it does not appear that any staff or
agency comments were impacted by the incorrect extent of the minor variance in the
second notice, Staff recommend that further notice be provided to accurately reflect the
extent of the deck projection for the benefit of circulated residents. The applicant and
interested party have been informed of the recommendation to table the application.
2. Conclusion
2.1 Given the above comments, Staff recommend this application for a minor variance be
tabled for a period of up to sixty (60) days to allow for proper giving of notice under the
Planning Act.
Submitted by: its
}
Anne Taylor cott, MCIP, RPP
Principal Planner, Development Review Branch
The following interested parties will be notified of Committee's decision:
Shaoib Sheikh
Jason & Lisa Merey
c1twingoll
Planning Services
Committee of Adjustment
Date of Meeting: January 21, 2021
File Number: A2020-0058
Address: 33 Bonathon Crescent, Bowmanville
Report Subject: A minor variance application to facilitate the construction
of a deck by increasing the permitted projection into the
rear yard from 1.5 metres to 4 metres.
Recommendations:
1. That the Report for Minor Variance Application A2020-0058 be received;
2. That all written comments and verbal submissions be considered in the
deliberation of this application;
3. That application A2020-0058 for a minor variance to Section 3.1 g. iv) of Zoning
By-law 84-63 to facilitate the construction of a deck by increasing the permitted
projection into the rear yard from 1.5 metres to 4 metres zone be tabled for a
period of up to sixty (60) days to allow for further discussion with the applicant
and to provide an opportunity to revise the subject application; and
4. That all interested parties listed in this report be forwarded a copy of Committee's
decision.
Municipality of Clarington
Committee of Adjustment A2021-0058
1 Application Details
1.1 Applicant/owner: Shaoib Sheikh
Page 2
1.2 Proposal: Minor variances to Section 3.1 g. iv) of Zoning By-law 84-63
to facilitate the construction of a deck by increasing the
permitted projection into the rear yard from 1.5 metres to 4
metres.
1.3 Area of Lot: 407 square metres
1.4 Location: 33 Bonathon Crescent, Bowmanville (see Figure 1)
1.5 Legal Description: Part Lot 17, Concession 1, Former Township of Darlington
1.6 Zoning: Urban Residential Exception (R2-58) Zone of Zoning By-law
84-63
1.7 Clarington Official
Plan Designation:
1.8 Durham Region
Official Plan
Designation:
Urban Residential
Living Areas
Municipality of Clarington
Committee of Adjustment A2021-0058
Page 3
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Property Location Map
(Bowmanville)
- Area Subject To Minor Variance
33 Bonathon Cres, Bowmanville
A2020-0055
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Figure 1 — Location Map
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Municipality of Clarington
Committee of Adjustment A2021-0058
2 Background
Page 4
2.1 A minor variance is required for the partially constructed deck to increase the
permitted projection into the rear yard from 1.5 metres to 4.0 metres (See Figure
2). During a site visit it was noted that a pergola is also constructed and does not
meet the required 0.6 metre setback for accessory structures from both the rear
and interior side property lines. (See Figure 2).
2.2 Staff recommend that the application be tabled for a period of up to sixty (60)
days to allow for the necessary discussion with the applicant and to provide an
opportunity to revise the subject application.
'Ilk �.
Figure 2: Partially constructed Deck & Pergola
3 Land Characteristics and Surrounding Uses
3.1 The subject property is located at 33 Bonathon Crescent, at the southwest corner
of Bonathon Crescent and Connors Court in Bowmanville (see Figure 1). The
property has a lot area of approximately 407 square metres with an approximate
lot frontage of 13 metres and an approximate depth of 26 metres.
3.2 The surrounding uses are residential in the form of single -detached dwellings.
Municipality of Clarington
Committee of Adjustment A2021-0058
4 Discussion
Page 5
4.1 The subject property is zoned R2-58 in Zoning By-law 84-63 which requires a
rear yard setback of 7.5 metres. Section 3.1 g) iv. of Zoning By-law 84-63 permits
various structures such as decks and stairs to project up to 1.5 metres into the
required rear yard setback, leaving a minimum of 6 metres of clear rear yard
space.
4.2 The rear yard setback to the dwelling is 9.59 metres at the southwest corner of
the irregular lot. The deck would extend approximately 5.7 metres from the
dwelling which would project 3.6 metres into the required rear yard setback.
However, due to the rough nature of the drawings and lack of a survey, staff
recommend increasing the permitted yard projection from 1.5 metres to 4 metres.
4.3 At a site visit of the property on January 12, 2021 staff noticed a pergola that was
not shown on the provided sketch. This pergola does not comply with the
requirement for accessory structures to provide both a rear and a side yard
setback of a minimum of 0.6 metres. Through discussions with the applicant, he
has agreed to the tabling of the application to allow for further discussion and a
revision to the minor variance application.
4.4 A neighbouring resident has provided correspondence outlining their concern
about the height and width of the deck and the impact to privacy give the deck and
grading.
5 Conclusion
5.1 Given the above comments, Staff recommend this application for a minor
variance be tabled for a period of sixty (60) days to allow for further discussion
on the nature and extent of the minor variance application.
6
Submitted by:
Y
Anne Taylor Scott, Principal Planner
Development Review Branch
The following is a list of interested parties to be notified of the Committee's decision:
Shaoib Sheikh
Jason & Lisa Merey