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HomeMy WebLinkAboutA2021-0010 38 Lionel Byam Drive - CommentsClarftwn 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: A2021-0010 Address: 38 Lionel Byam Drive, Enniskillen Report Subject: A minor variance application to facilitate the construction of a cabana by increasing the maximum permitted total floor area for accessory buildings from 90 square metres to 107 square metres. Recommendations: 1. That the Report for Minor Variance A2021-0010 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2021-0010 for a minor variance to Section 4.1.3 (Table 4-1) of Zoning By-law 2005-109 to facilitate the construction of a cabana by increasing the maximum permitted total floor area for accessory buildings from 90 square metres to 107 square 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 A2021-0010 1. Application Details Page 2 1.1 Owner/Applicant: Erik Martinez 1.2 Proposal: A minor variance application to Section 4.1.3 (Table 4-1) of Zoning By-law 2005-109 to increase the permitted total floor area for accessory buildings from 90 square metres to 107 square metres to permit the construction of a cabana. 1.3 Area of Lot: 4,807.2 square metres 1.4 Location: 38 Lionel Byam Drive (see Figure 1) 1.5 Legal Description: Lot 10, Plan 40M-2580; Part Lot 18, Concession 8, Former Township of Darlington 1.6 Zoning: "Residential Settlement One Exception Three (RS1-3) Zone" 1.7 Clarington Official Plan Designation: Hamlet 1.8 Durham Region Official Plan Designation: Oak Ridges Moraine Areas 1.9 Heritage Status: None Municipality of Clarington Committee of Adjustment A2021-0010 4 �2 32 } 828 imm) mms 8268 8250 8232 N colb �' 22 8214 1721 26 8196 8195 LOT: 18 2 2 CON: s r 30 0 LOT, 1 7 oroat9 vUA7!l13M a, 33 � 34 CON:B coN8154 �8 Cd. 8145 37 ,3 8142 4, 8130 41 8118 42 45 8106 8101 46 8094 ©go87 49 8082 G 5o 8070 8055 53 8049 51 54 8050 71 65 8041 Hw 4 8020 8025 30 n 57 58 / CD N N N CAM N N REGIONAL RD 3 Ec71oN L—R- -Q 3 in, co7851 N N N a to LOT, 19 7850 7843 LO :18 97 N CO 17 CON:7 Sa CON:7 ~ N CON:7 7842 7815 24.z 90 -' --__-- Property Location Map (ENNISKILLEN) _ Area Subject To Minor Variance 38 Lionel Byam Drive, Enniskillen � � New f sNe s.�Wcuwra_-T —� A2021-001 U ,t,' ffLLYY Lnkr Oilnrn Figure 1 — Property Location Map Paae 3 Municipality of Clarington Committee of Adjustment A2021-0010 2. Background Page 4 2.1 In May of 2021, the applicant, Erik Martinez, submitted an application for a Minor Variance, seeking an increase to the permitted total accessory floor area of 90 square metres to 107 square metres. 2.2 The increase in floor area for accessory structures is attributed to a proposed garage (89.53 sq. m) (permit issued) and to permit the construction of a cabana (16.91 sq. m) in his rear yard, together with a new in -ground pool. 2.3 The proposed accessory buildings (detached garage, cabana and pool) are located within the Minimum Area of Influence overlay in Zoning By-law 2005-109 and requires the applicant to apply for Minor Site Plan which is under review. 2.4 The approval of a Minor Site Plan Application is necessary to review the provisions of the Oak Ridge Moraine Conservation Plan. 6.91 r PROPOSED CABANA q. m 5z.5 EXISTING PROPOSED RESIDENCE PROPOS[� POOL # 38 PO EXISTING SEPTIC BED Q PROPOSED EXISTING DRIVEWAY GARAGE 89.53 CD sq. m RELKATED sass PROPANE T NK 0 Figure 2 — Site Plan of proposed accessory buildings and structures 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 38 Lionel Byam Drive in Enniskillen. The property is located in a newly developed subdivision, northeast of Regional Road 3 and Old Scugog Road. The property is an interior lot on the east side of Lionel Byam Drive and has an approximate lot area of 4,807 square metres (Figure 3). 3.2 The surrounding land uses include hamlet residential properties to the north, south and west of the subject property. East of the subject property are lands within the Environmental Protection (EP) Zone" which delineate the eastern hamlet boundary of Enniskillen. Further east of these "EP" lands are agriculturally zoned lands. Municipality of Clarington Committee of Adiustment A2021-0010 Figure 3 — Aerial image of the subject property and surrounding land uses 4. Public Notice and Submissions Page 5 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands (Figure 4). 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. Municipality of Clarington Committee of Adjustment A2021-0010 Page 6 38 LIONEL 8Y4M DRIVE t Figure 4 — Notice posted at 38 Lionel Byam Drive 5. Departmental Comments 5.1 The Infrastructure Division of Public Works have reviewed the application and have no objections to the proposal provided the grading/drainage pattern within the lot remains unaltered. 5.2 The Building Division of Planning and Development Services has no objections to the application. A building permit will be required. 5.3 Clarington Emergency and Fire Services Department has no fire safety concerns with the application. 5.4 The Clarington Special Projects branch of Planning & Development Services do not have any comments or concerns with the application. Municipality of Clarington Committee of Adjustment A2021-0010 Page 7 6. Agency Comments 6.1 The Durham Region Health Department is aware of the application and expressed no major concerns. A permit is required for the review and approval of Minor Site Plan. 6.2 The Central Lake Ontario Conservation Authority does not have any objection to the proposal. 7. Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 7.1 The subject property is designated "Hamlet" within the Oak Ridges Moraine Area of the Durham Region Official Plan and Clarington Official Plan. Hamlets, known as Settlement Areas, are intended for contained urban growth and detached residential dwellings. The proposed accessory building is permitted within the "Hamlet" designation. 7.2 It is staff's opinion that the application conforms to the intent and purpose of both Official Plans. Conformity with the intent and purpose of the Zoning by-law 7.3 The subject property is within the "Residential Settlement One Exception Three (RS1-3) Zone" in Zoning By-law 2005-109. This zone permits a single detached dwelling, and accessory buildings such as the proposed cabana. Section 4.1.3 — Table 4-1 of the Zoning By-law provides regulations for accessory buildings. On the subject property, the maximum permitted total accessory floor area is 90 square metres. 7.4 The proposed garage has a total floor area of 89.53 square metres, which complies with the maximum permitted 90 square metres. The proposed cabana has a floor area of 16.9 square metres as the building is not fully enclosed (Figure 5). This is based on the definition of a building in Zoning By-law 2005-109 which defines a building as "a structure used for the shelter, accommodation or enclosure of persons, goods, etc.". The unenclosed pad area of the cabana is roughly 61 square metres, which equals to 78 square metres that contributes to the total lot coverage calculation from the cabana alone. Municipality of Clarington Committee of Adjustment A2021-0010 I FROSTED GLASS POOL EOIPMENT WINDOW 6•-0" X 3'-0• LOW LEDGE LOW LEDGE 20"BENCH CHANGE RM. x FROSTED GLASS DOOR HOOKS � IBC FROSTED GLASS e TABLE DOOR CHANGE RM. s•-s•xs-to- � I c rCASANA 27'-7" X 19'-2" FOOR PREP. FROSTED 9'-0'x 7'-10" = GLASS cu DOOR r- m _ o <> ■ LOW LEDGE ■ L _PROJECTION _ J BI-FOLDING WINDOW SYSTEM CABANA PLAN ENCLOSED FLOOR AREA: 182 Sq. Ft. (16.91 sq. m.) UNENCLOSED PAD AREA: 657 Sq. Ft. (61.04 sq. m.) COVERAGE: 839 Sq. Ft. (77.95 sq. m.) Figure 5 — Floor plan of proposed cabana Page 8 7.5 The sum of the garage and cabana equate to a total of 106.7 square metres in total accessory floor area, with 167.5 square metres contributing to lot coverage or 3.5%. The proposed swimming pool does not contribute to the either the maximum permitted 10% total lot coverage or 90 square metres of floor area for accessory buildings and structures based on Section 4.1.2 d. of the Zoning By-law. 7.6 The height of the cabana is 3.35 metres which complies with the maximum 4.5 metres (Figure 6). The applicable setbacks are also complied with. Municipality of Clarington Committee of Adjustment A2021-0010 Page 9 Figure 6 — Elevation drawings of proposed cabana 7.7 The intent of the maximum total floor area, along with the maximum total lot coverage for accessory buildings, is to ensure that there is still sufficient landscaped open space on the property. The maximum floor area regulation creates a standardized floor area that is realistic for Residential Settlement parcels and is large enough to accommodate personal effects accessory to the residential use such as the proposed cabana and garage. The maximum floor area also limit size with the intent of precluding any potential conversions of the buildings and structures for uses other than residential purposes. The regulation for maximum floor area and those for accessory proposals ensure the buildings and structures remain secondary to the primary residential use. 7.8 The maximum floor area and maximum lot coverage regulations also ensure that the site can accommodate proper drainage. The subject lot area is approximately 4,807 square metres. The proposed total lot coverage as a result of the proposed accessory building is 3.5%, which will result in limited site alteration and have minimal impact to the property. 7.9 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 7.10 The appropriate use of land use is residential, and the cabana is accessory to the residential use. The cabana is an addition to the backyard amenity space and will Municipality of Clarington Committee of Adiustment A2021-0010 Page 10 provide a safe enclosure and leisure space for the homeowners and their guests. The proposed building design is also complementary to the existing dwelling with similar brick and stone material. Staff are satisfied that the buildings will remain accessory to the principal dwelling as it is located within the rear yard of the property (Figure 7). 7.11 Neither staff or agencies have identified any technical reason why the minor variance application should not be approved. Figure 7 — Rear yard space at 38 Lionel Byam Drive 7.12 For the above stated reasons, it is staff's opinion that the minor variance request is desirable for the residential use of land and building. Minor in Nature 7.13 The increase in total accessory floor area is not a significant deviation from the Zoning By-law regulation. Since the property is within a predominantly residential area, an Municipality of Clarington Committee of Adjustment A2021-0010 Page 11 accessory structure such as the cabana is a complementary amenity structure that will not impose major visual impacts from the street or adjacent properties. 7.14 The proposed accessory building will comply with all other Zoning By-law regulations, including setbacks and lot coverage. 7.15 No objections to the proposal were received by staff, agencies or members of the public. 7.16 For the above stated reasons, it is staff's opinion that the minor variance is minor in nature. 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 above comments, Staff recommends approving the application for minor variance to Section 4.1.3 (Table 4-1) of Zoning By-law 2005-109 to facilitate the construction of a cabana by increasing the maximum permitted total floor area for accessory buildings from 90 square metres to 107 square metres. Submitted b `1r V— Y � Anne Taylor Scott, Principal Planner Development Review Branch Staff Contact: Aibelle Babista, Interested Parties: The following interested parties will be notified of Committee's decision: Erik Martinez