HomeMy WebLinkAboutAll Comments A2020-0058 33 Bonathon Crescent 03-25-21Clarbgton
Planning and Development Services
Committee of Adjustment
Addendum Report 2 to the January 21, 2021 A2020-0058 Report
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Date of Meeting: March 25, 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 4 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 2 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 minor variances to Section 3.1.g. iv), 3.1.c. and
3.1.g.iii) 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 3.6 metres,
as revised; 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 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 eaves of the pergola be altered within 60 days to permit a maximum
overhang projection of 0.15 metres; and
5. That all interested parties listed in this report be forwarded a copy of Committee's
decision.
Municipality of Clarington
Committee of Adjustment Page 2
A2020-0058
1. Background
1.1 Application A2020-0058 was heard at the Committee of Adjustment meeting on
February 18, 2021. Staff recommended tabling the application to allow for proper notice
under the Planning Act as there was an error on the public notice. While staff and
agency comments did not appear to be impacted, Staff recommended that further
notice be provided to accurately reflect the extent of the deck projection for the benefit
of circulated residents. 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 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."
1.2 The application was first tabled at the January 22, 2021 Committee of Adjustment
meeting 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 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
worked with the applicant on incorporating the deficiencies related to the pergola into
the Minor Variance application (See Figure 1).
i
Figure 1: View of the Pergola in the Rear Yard
Municipality of Clarington
Committee of Adjustment
A2020-0058
Page 3
1.3 Upon further review of the application and detailed calculations completed following a
subsequent site visit, Staff recommend that the deck projection be reduced to 3.6
metres rather than 4 metres. In Staff's opinion, no further notice is required as this is a
reduction to the extent of the variance and more closely reflects the extent of the deck.
The applicant is in agreement and this revision is reflected in Staff's recommendation.
2. Discussion
Conformitv with the intent and purpose of the Reaional and Clarinaton Official Plans
2.1 Both the Regional and Clarington Official Plans permit the residential use of the
property. A deck and pergola are considered accessory to the residential use.
2.2 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 bV-law
2.3 The subject property is zoned Urban Residential Exception (R2-58) which permits the
residential use and accessory structures.
2.4 The intent and purpose of allowing but limiting deck projections is to ensure that there
is sufficient lawn area for the residential use and to provide adequate separation
between the rear lot line and the deck and buffering between neighbouring properties.
The subject property is zoned R2-58, which has a minimum rear yard setback of 7.5
and allows decks to project into this setback up to 1.5 metres resulting in a setback of 6
metres between the rear lot line and the closest part of the deck.
2.5 The proposed deck is partially constructed (See Figure 2) and at the most restrictive
point, projects 3.4 metres into the required rear yard setback on the west side (See
Figure 3). The proposed deck remains at a similar height as the previous deck and is
accessed from the main floor of the dwelling. The greatest extent of the deck projection
occurs at the southwest corner of the deck relative to the rear property line given the
irregular configuration of the property. The property will continue to provide sufficient
outdoor amenity space including sufficient soft landscaping area in the rear yard as well
as separation between the dwelling and the rear yard amenity space of abutting
properties.
2.6 The intent and purpose of accessory structure setback provisions are to ensure that
there is adequate separation from the accessory structure to the rear yard of the
abutting property, adequate space for maintenance around the structure and to
accommodate positive drainage around the property. The proposal is to reduce the rear
and side yard setbacks from 0.6 metres to 0.3 metres and allow for a reduction in the
overhang from 0.3 metres to 0.15 metres (See Figure 3). The pergola is an open-air
Municipality of Clarington
Committee of Adjustment
A2020-0058
Page 4
structure with a slat roof and requires little maintenance. In addition, the pergola assists in
providing a visual barrier to the property to the south at 55 Bonathon Crescent (See Figure
2). Clarington's Public Works — Infrastructure Division have not identified concerns with
grading or drainage.
Figure 2: Pergola and partially constructed Deck
Municipality of Clarington
Committee of Adjustment
A2020-0058
Bonathon Crescent
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Figure 3: Plot Plan showing location of accessory structures (not to scale)
Page 5
2.7 The intent and purpose of limiting the projection of eaves for accessory structures in
the Zoning By-law is to ensure that there is some spatial separation between the eaves
and neighbouring parcels and to limit stormwater runoff onto adjacent parcels. Through
site visit observations, it appears the overhang of the pergola may encroach onto the
property to the south, 55 Bonathon Crescent. The applicant has been advised that the
structure must be altered so as to not encroach on the adjacent property. In fact, Staff
recommend reducing the maximum projection into the rear yard for the overhang from
0.3 metres to 0.15 metres to provide for some spatial separation.
Desirable for the appropriate development or use of the land, building or structure
2.8 Residential use of the property is permitted, and the proposed deck and pergola is
accessory to that residential use.
2.9 The proposed deck and pergola will function as amenity space for the homeowner. The
proposal for the construction of the deck and pergola will not significantly reduce the
landscaped open space on the property or negatively affect drainage. The pergola will
Municipality of Clarington
Committee of Adjustment Page 6
A2020-0058
allow for a partially shaded area for the homeowner's enjoyment. The subject property
is an exterior lot and is one of the larger lots in the surrounding neighbourhood. Due to
the size of the parcel, an appropriate balance between hard and soft landscaping
remains.
2.10 A neighbouring resident has provided correspondence outlining their concern about
the height and size of the deck and the impact on personal privacy. Staff find that the
pergola provides some screening between the subject property and neighbouring
property. In addition, the owner has indicated that the deck is replacing a previous deck
that was constructed at a similar height. Staff have confirmed there was a previous
deck on the siting plan that was approved prior to the construction of the dwelling. The
previous deck was considerably smaller than the proposed deck.
2.11 For the above stated reasons, it is staff's opinion that the requested variances are
desirable for the residential use of land and building.
Minor in Nature
2.12 The deck and pergola form part of the overall rear yard amenity space. The variance
for the deck projection can be considered minor in nature given the irregular
configuration of the lot. An adequate amount of landscaped open space is retained in
the rear yard and the deck complies with all other yard provisions in the Residential
(R2-58) Zone, including maintaining a minimum of 30% of landscaped open space on
the property. There is also adequate separation between the deck and neighbouring
properties. There will be a distance of at least 4.1 metres between the deck and the
property line, and the pergola is located between the deck and the property limit.
2.13 The pergola offers some screening from the deck to the adjacent property to the
south.
3. Conclusion
3.1 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.
3.2 Given the above comments, Staff recommends approving this application for minor
variances to Section 3.1.g. iv), 3.1.c. and 3.1.g.iii) 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 3.6 metres, as revised; 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) subject to the following condition:
Municipality of Clarington
Committee of Adjustment
A2020-0058
Page 7
That the eaves of the pergola be altered within 60 days to permit a maximum
overhang projection of 0.15 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:
Shaoib Sheikh
Jason & Lisa Merey