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Home My WebLink AboutA2021-0007 277 Bruce Cameron Drive Comments 5-13Clarftwn 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: May 13, 2021 File Number: A2021-0007 Address: 277 Bruce Cameron Drive, Bowmanville Report Subject: A minor variance application to facilitate a proposed deck by increasing the permitted deck projection from 1.5 metres to 2.7 metres leaving a 4.8 metre rear yard setback. Recommendations: 1. That the Report for Minor Variance Application A2021-0007 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2021-0007 for a minor variance to Section 3.1 g. iv) of Zoning By- law 84-63 to permit the construction of a deck by increasing the permitted deck projection from 1.5 metres to 2.7 metres leaving a 4.8 metre rear yard setback, 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 A2021-0007 1. Application Details 1.1 Owner/Applicant: Breen O'Connor Page 2 1.2 Proposal Minor variance to Section 3.1 g. iv) of Zoning By-law 84-63 to permit the construction of a deck by increasing the permitted deck projection from 1.5 metres to 2.7 metres 1.3 Area of Lot 1.4 Location: 1.5 Legal Description 1.6 Zoning: 1.7 Clarington Official Plan Designation: 1.8 Durham Region Official Plan Designation: 1.9 Heritage Status 360 square metres 277 Bruce Cameron Drive, Bowmanville (see Figure 1) Lot 88, Plan 40M-2606 "Urban Residential (R2-54) Zone" of Zoning By-law 84-63 Urban Residential Living Areas ►reMW Municipality of Clarington Committee of Adjustment A2021-0007 LU h Ln M M I- LL] M M h In T M h N N N M h �n M + kf) to CD (D h h OD aD Q� N N M M v _ _ N N N N N N N N N N N � ry Ui �LU BRUCE CAMERON DRIVE 7 148 0 cp m m rn 295 298 N N cM7 M M a v 0 N 266 2 294 NN NN NNNN 270 a 144 291 2 f Lu 290 274 W 140 287 > 286 278 J136 283 2 282 282 281 132 m ti o con N °,n° ,0n 279 0 278 roi N. N V �' 0 0 286 285 Z HENRY SLU MITH AVENUE 289 Ca G h M W V to r h 270 C N N � P�� 294 266 LOT:1298 2974 LOT:13 W 262 CONS 3 302 CON: 3 Z258 ��COnuNivvv �O0 m N mr tfO] ` ohr[O MoT 6rn1 rnIn rn hoD co t� 0) ih co 0) 23� 51 250 M In LO n v M NMM 247 246 27 243 242 9 2382304 T9co o v aD N CO nN co NN N M M M cD(I- h CO SO co 71 L„ WILLIAM FAIR DRIVE l N rIrn Cr? f � "' 230 M� C 26 223 � �n rn M h Lo rn M 1-219 0 218 p a r r r N r r r� V r N N M M A� MATTHEW CRESCENT T FRELE JACKMAIV O� 00 56 = r0i ov '0 C" Lu M h m = A Z s6 5 Z _79 Q 92 48 51 209 212 70 —I Property Location Map Een�anee Hayeor L__"'__ __� (Bowmanville) ryr°ne a 7y �'I w mn.o Area Subject To Minor Variance Mikh.11 Ime _ 277 Bruce Cameron Drive, Bowmanville` eowma"mue � � QA New�aaie-IQp A2021-0007 Lake Ontario � _� CO ti h h cD (0LO LO Inv 271 267 263 rCO 0 0 0 6 N GD W 00 P 259 Figure 1 — Location Map Paae 3 Municipality of Clarington Committee of Adjustment A2021-0007 2. Background Page 4 2.1 A minor variance is required because the applicant wishes to replace an existing deck with a larger deck that projects further into the rear yard setback than the Zoning By-law permits. 2.2 The applicant explained that they would like to extend the deck to create space for an outdoor dining area while having access to a stairway to their backyard at ground level. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 277 Bruce Cameron Drive, which is west of Middle Road, east of Bowmanville Avenue and north of Concession Road 3 (see Figure 1). The lot is approximately 360 square metres with an approximate frontage of 12 metres and an approximate depth of 30 metres. The property is similar to surrounding residential lots. 3.2 The surrounding uses to the north, south and west are residential. To the rear (east) of the property is a forested, Environmental Protection area held in private ownership. 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 received two general inquiries seeking clarification about the distributed public notice. No concerns or opposition was expressed towards the application 5. Departmental Comments 5.1 The Infrastructure Division of Public Works has no concerns with this application provided the grading/drainage pattern within the lot is not altered. 5.2 The Central Lake Conservation Authority has no concerns with this application but states that a CLOCA permit is required for construction. 5.3 The Building Division of Planning and Development Services has no concerns with this application. 5.4 Clarington Emergency and Fire Services Department has no fire safety concerns with this application. Municipality of Clarington Committee of Adjustment A2021-0007 6. Discussion Page 5 Conformity with the intent and purpose of the Regional and Clarington Official Plans 6.1 Both the Regional and Clarington Official Plans permit the residential use of the property. The deck is accessory to the residential use. 6.2 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 6.3 The intent and purpose of allowing but limiting decks and other structures to project into required yard setbacks is to ensure adequate space is maintained as landscaped area. Regulations seek to prevent hard surfacing of the rear yard; ensure adequate landscape area to allow for infiltration and grading to accommodate for drainage; and, to limit the area of raised decks in rear yards to limit impacts to abutting residents. 6.4 The subject property is zoned R2-54, which has a minimum rear yard setback of 7.5 metres and allows decks and other structures to project into this setback up to 1.5 metres leaving setback of 6 metres. The proposed deck encroachment does not negatively impact the intent of the Zoning by-law. Adequate landscaped area and infiltration capacity will remain post -construction. No concerns have been raised by neighbours regarding impacts. 6.5 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 6.6 The appropriate development for the subject property is residential. The deck is accessory to the residential use. 6.7 The proposed deck leaves a 4.8 metre setback from the read property line, however the lands to the rear are zoned Environmental Protection. 6.8 The provided drawing showing the existing deck extends approximately 3 metres (10 feet) from the rear of the house leaving a 4.8 metre setback from the rear property line (see Figure 2). 6.9 For the above stated reasons, it is in staff's opinion that the minor variance requested is desirable for the residential use of land and building. Municipality of Clarington Committee of Adjustment A2021-0007 Figure 2: Drawing of proposed deck dimensions Municipality of Clarington Committee of Adjustment A2021-0007 Page 7 Figure 3: Photos of rear yard and existing decks (277 Bruce Cameron is the fourth property in this row of houses) Minor in Nature 6.10 The 10-foot deck provides space for entertaining/outdoor dining, while maintaining the grassed area as a suitable amenity space for current and future owners. 6.11 No objections have been received from neighbours, Clarington staff or relevant agencies. There are no technical reasons to reject the proposal. Due to the Environmental Protected lands to the rear and the proposed deck being within the required side lot setbacks, impacts on neighbouring lots properties are minimal. 6.12 The proposed deck will comply to all other regulations in the Zoning By-law (i.e. setbacks, lot coverage). 6.13 For the above stated reasons, it is staff's opinion that the proposed increase to the permitted deck projection is minor in nature. Municipality of Clarington Committee of Adjustment A2021-0007 7. Conclusion Page 8 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 g. iv) of Zoning By-law 84-63 to permit the construction of a deck by increasing the permitted deck projection from 1.5 metres to 2.7 metres leaving a 4.8 metre rear yard setback. Submitted by: ri p 4k, lu Anne Ta IoScott Principal Planner Y p Development Review Branch Staff Contact: Aibelle Babista Interested Parties: The following interested parties will be notified of Committee's decision: Breen O'Connor