HomeMy WebLinkAboutA2021-0011 1387 Solina Rd Comments 05-13Clarftwn
Planning and Development Services
Committee of Adjustment
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Date of Meeting: May 13, 2021
File Number: A2021-0011
Address: 1387 Solina Road, Darlington
Report Subject: A minor variance application to permit a proposed detached garage by
increasing the permitted total accessory floor area from the required 120
square metres to 260 square metres and the permitted height of
accessory buildinas from the reauired 4.5 metres to 6.3 metres
Recommendations:
1. That the Report for Minor Variance Application A2021-0011 be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application A2021-0011 for a minor variance to Section 3.1 c. of Zoning By-law
84-63 to permit a proposed detached garage by increasing the permitted total
accessory floor area from the required 120 square metres to 260 square metres and
the permitted height of accessory buildings from the required 4.5 metres to 6.3
metres, be denied as it is not minor in nature, not desirable for the appropriate
development or use of the land and does not maintain 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 A2021-0011
1. Application Details
Page 2
1.1 Owner/Applicant: Greg Norman
1.2 Proposal Minor variance to Section 3.1 c. of Zoning By-law 84-63 to
permit a proposed detached garage by increasing the permitted
total accessory floor area from the required 120 square metres
to 260 square metres and the permitted height of accessory
buildings from the required 4.5 metres to 6.3 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
4.04 ha
1387 Solina Road (see Figure 1)
Part Lot 24, Concession 1, Former Township of Darlington
Agricultural (A) Zone of Zoning By-law 84-63
Environmental Protection & Rural
Major Open Spaces Areas
None
Municipality of Clarington
Committee of Adiustment A2021-0011
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Figure 1 — Location Map
Municipality of Clarington
Committee of Adjustment A2021-0011
2. Background
Page 4
2.1 Since late March 2021, the applicant has been pursuing the development of a detached
accessory building on the subject lands (Figures 2 and 3).
2.2 The applicant, through discussions with the Central Lake Ontario Conservation Authority
(CLOCA) and Clarington's Building Division, was notified that their proposal exceeded
the Zoning By-law regulations relating to maximum floor area of 120 square metres and
maximum permitted height of 4.5 metres.
2.3 On April 5, 2021, the applicant's agent, Wenda Rodd, emailed an application for Minor
Variance seeking relief from the zoning by-law requirements. Following the submission
of the application, Planning Staff was in contact with the agent and owner on a number
of occasions, including one virtual meeting, and during the discussions identified staff's
concerns with the proposed height and floor area of the garage. Staff recommended
that be revised to either conform or be in closer conformity with the Zoning By-law
regulations.
2.4 Planning Staff provided the applicant an overview of the intent and purpose of the
regulations and provided background and history of other similar applications.
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Municipality of Clarington
Committee of Adjustment A2021-0011 Page 5
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Municipality of Clarington
Committee of Adjustment A2021-0011 Page 6
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 1387 Solina Road, east of Solina Road and Highway
418, south of Bloor Street and north of Baseline Road. The property is approximately 4
hectares with an approximate frontage of 100 metres and depth of 404 metres.
3.2 A single detached dwelling with an attached four -car garage is located on the subject
lands. The submitted application identified accessory buildings and structures located in
the side and rear yards of the property include a swimming pool and pool shed (18.5
square metres) in the rear yard, and a shed (18.5 square metres) which appears to be a
one -car detached garage in the side yard. However, upon the site visit and through
aerial photograph interpretation Planning Staff provide a more accurate overview of
existing buildings in Figure 6 and in Section 7.5 of this report.
3.3 The surrounding uses to the north, south and east of the subject property are
agricultural with existing residential dwellings, including areas that are forested (Figure
4).
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Figure 4 — Aerial view of surrounding land uses within 60 metres of the subject property
Municipality of Clarington
Committee of Adjustment A2021-0011 Page 7
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 (Figure 6). In addition,
the appropriate notice was mailed to each landowner within the prescribed distance.
4.2 Staff did not receive any enquiries about this application.
Figure 5 — Notice of Hearing posted at 1387 Solina Road
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 Building Division of Planning and Development Services has no objections to the
application.
5.3 Clarington Emergency and Fire Services Department has no fire safety concerns with
this application.
5.4 The Special Projects branch of Planning & Development Services do not have any
comments or concerns with the application.
Municipality of Clarington
Committee of Adjustment A2021-0011
6. Agency Comments
Page 8
6.1 The Central Lake Ontario Conservation Authority (CLOCA) states that the western
portion of the property, where there proposed detached garage is located, is regulated.
A permit is required from CLOCA and will be required prior to any development activity
occurring within this area. A tributary of the Darlington Creek flows through the south
west corner of the property. The driveway entrance is not impacted by the floodplain of
Darlington Creek. A wetland is mapped adjacent to the property. The accessory building
is proposed beyond 30 metres from the wetland. It is CLOCA Staffs opinion that the
location of the proposed garage will not have negative impacts to the adjacent wetland
communities. The eastern half to the property as well as the southwest corner of the
property are within CLOCA's Natural Heritage System (NHS). Based on available
mapping, it is CLOCA's opinion that the accessory building is proposed to be located a
sufficient distance beyond the dripline of the vegetated area of the NHS. Based on the
above, it is CLOCA Staffs opinion that the location of the proposed garage will not
impact the adjacent natural heritage features on the property. CLOCA would have no
objections to the approval of the minor variance application.
7. Discussion
Conformity with the intent and purpose of the Regional and Clarington Official Plans
7.1 The subject property is designated Major Open Space Areas in the Durham Region
Official Plan. Major Open Space Areas include key natural heritage and hydrologic
features, and prime agricultural lands. These areas are intended for conservation and
agricultural uses.
7.2 Within the Clarington Official Plan, the subject property is largely designated
Environmental Protection and a small portion is designated Rural. The existing dwelling,
accessory buildings and the proposed accessory building are within the Environmental
Protection lands. Environmental Protection lands are to be preserved and protected.
Permitted development on these lands include uses related to forest and wildlife
management, agriculture and related uses, as well as low -intensity recreation.
According to Section 23.9 of the Official Plan, single detached dwellings in
Environmental Protection Areas are permitted, provided that the proposal demonstrates
minimal impact to the Natural Heritage System. CLOCA's comments confirm they have
no objection to the minor variance.
7.3 The Regional and Clarington Official Plan permits the continued residential use of the
property and accessory buildings are permitted.
Conformity with the intent and purpose of the Zoning by-law
7.4 The subject property is with the "Agricultural (A) Zone" in Zoning By-law 84-63.
Residential uses follow those regulations in the "Residential Hamlet (RH) Zone", which
Municipality of Clarington
Committee of Adjustment A2021-0011 Page 9
permit one single detached dwelling. Where a single detached dwelling is permitted,
accessory structures to the principal building are also permitted, and would follow the
General Provisions for Accessory Buildings, Structures and Uses in Section 3.1 of
Zoning By-law 84-63.
7.5 Accessory buildings for Agriculturally zoned properties greater than 2 hectares, may
have a maximum total floor area 120 square metres, or 10% of the lot area, whichever
is more restrictive. The proposed detached garage has a lot coverage of 0.55 percent
and has a floor area of 223 square metres. While the lot coverage is complied with, this
structure alone almost doubles the maximum permitted total accessory floor area. In
addition, there are three other accessory buildings on the property which also contribute
to the total accessory floor area (Figure 6). Based on aerial imagery calculations, the
total floor area for the existing accessory buildings on the property is approximately 67.8
square metres, which leaves 52.2 square metres in allowable floor area for future
accessory buildings. The third accessory building in the north-east area of the property
was not captured in the site plan submitted with the minor variance application.
Figure 6 — Existing accessory buildings and structures with approximate floor areas
7.6 The maximum floor area regulation creates a standardized floor area that is realistic for
Agricultural parcels and large enough to accommodate personal effects accessory to
the residential use that may exist on the property. The maximum floor area also limits
Municipality of Clarington
Committee of Adiustment A2021-0011
Page 10
size with the intent of precluding any potential conversions for other land uses such as
commercial and industrial uses which are not permitted in the Agricultural Zone. The
maximum height regulations also ensure the accessory building is appropriate for a
subordinate building size and scale as these buildings are to remain secondary to the
primary residential building and use.
7.7 In staff's opinion the proposed accessory building fails to meet the intent of the floor
area regulations — there is already sufficient space for storage on the property and a
building of this scale is at risk of being used in the future for a purpose other than an
accessory building and is not at a scale deemed accessory to a principal residential
use.
7.8 The proposed floor area is also inconsistent with other rural properties that are in
compliance or where a minor variance has been supported that more closely align with
zoning regulations.
7.9 The maximum permitted height for accessory buildings on the subject property is 4.5
metres. The proposed detached garage also exceeds this regulation and is proposing a
building height of 6.3 metres.
7.10 The intent and purpose of the maximum height provision for accessory buildings is to
ensure that buildings remain accessory, and smaller in scale to the principle residential
use. The maximum height provisions have the effect of keeping accessory buildings to a
single storey and keeping the usable floor space at grade. This limitation complements
the maximum floor area regulation and encourages accessory buildings to be
constructed at a smaller scale.
7.11 In staff's opinion the proposed building fails to meet the intent of the maximum height
provisions. The proposed height of 6.3 metres is exceeding the scale of other rural
accessory structures and opens the opportunity to create a second floor thereby adding
even more floor area down the road.
7.12 For the above reasons, it is in Staff's opinion that the proposal does not maintain the
intent and purpose of the Zoning By-law nor is it consistent with the type and scale of
minor variance applications recommended for approval in the past.
Desirable for the appropriate development or use of the land, building or structure
7.13 The applicant is proposing a detached garage to store additional personal items such as
vehicles and other valuable items that require a large garage to keep them safe and
secure. On the floor plan drawing provided with the application (Figure 7), the items
requiring storage include a golf cart, an ATV, three dirt bikes, a 7' x 14' enclosed trailer,
a RAM 1500 truck, a Ford F150 Truck, a 32' Class C motorhome, as well as other
outdoor maintenance and sports equipment.
Municipality of Clarington
Committee of Adjustment A2021-0011
rivo l are
Winter Storage of outdoor furniture, solar blanket, lawn and garden tools,
hockey nets, basket ball nets etc.
Golf Cart
32' Class C
7'xl4' Enclosed Motorhome
ATV Trailer
Ram 1500 Truck Ford F150 Truck
3 Dirt bikes
Page 11
Figure 7 — Submitted floor plan of the proposed 223 square metre detached garage
7.14 The existing dwelling on the property includes a four -car attached garage (Figure 8).
The applicants explained they require the proposed detached garage because their
existing four -car garage can no longer accommodate additional storage.
Municipality of Clarington
Committee of Adjustment A2021-0011 Page 12
Figure 8 — Existing dwelling with a 4 car garage
7.15 While the zoning permits one single detached dwelling, there appears to be area in the
existing four -car garage, in existing accessory structures, as well as the existing
driveway and parking area on the property to accommodate the personal items desired
to store in the proposed detached garage. Further, it is possible for the applicants to
design a detached building that is more in keeping with the maximum 120 square
metres.
7.16 The applicants requested that staff explore other previous minor variance applications
as they indicated similar buildings of this scale have be constructed. Staff have
reviewed these other files and only in cases where the applicants were farmers could
they then proceed to build an agricultural building, accessory to their farm operation
versus an accessory building to accommodate personal effects. There are limited
examples where Staff recommend denial and there is often a desire by the applicant to
revisit the design to bring the building into complete compliance, if not closer
Municipality of Clarington
Committee of Adjustment A2021-0011 Page 13
compliance to the Zoning By-law, so as to propose a minor variance that Staff can
support.
7.17 Staff have also conducted a review of similar minor variance application proposals
increasing the maximum permitted 120 square metres for total accessory floor area.
Our record database showed that proposals increasing the maximum total accessory
floor area from 120 square metres to over 200 square metres were recommended for
denial as the proposals did not meet the 4 tests for a Minor Variance and were
ultimately withdrawn or denied.
7.18 Based on Staff's review of the existing conditions on the subject property, the
surrounding land uses, and previous proposals that moved forward through a minor
variance, the application to increase the total accessory floor area from 120 square
metres to 260 square metres is not desirable for the appropriate development or use of
the land, building or structure.
Minor in Nature
7.19 As per the earlier discussion in Section 7.5 of this report, three other accessory
buildings exist on the property, which total to approximately 67.8 square metres,
leaving an allowable 52.2 square metres for future proposed accessory buildings.
7.20 The proposed 223 square metre accessory building (together with the existing
buildings) would result in an additional 170 square metres of floor space not permitted
by the Zoning By-law.
7.21 Further the applicant is proposing a height of 6.3 metres, or 1.8 metres (6 feet) in
excess of the current zone regulations.
7.22 The proposed variances for an increase in height and floor area significantly exceed the
existing regulations that have been in force across the Municipality for a number of
years. In Staff's experience the extent and scale of these proposed variances exceed
the extent and scale of minor variances contemplated by this Committee of Adjustment
over the years.
7.23 It is in Staff's opinion that the proposed detached garage is not minor in nature.
8. Conclusion
8.1 Based on Staff's review of the application, the application does not conform to the intent
and purpose of the Zoning By-law and the Regional and Municipal Official Plans, is not
desirable for the appropriate development or use of land and is not minor in nature.
8.2 Given the above comments, Staff recommends that this application be denied for a
minor variance to Section 3.1 c. of Zoning By-law 84-63 to increase the maximum
Municipality of Clarington
Committee of Adiustment A2021-0011
permitted total floor area from 120 square metres to 260 square metres and the
maximum permitted height from 4.5 metres to 6.3 metres.
Submitted by: r
Anne Taylbr Scott, Principal Planner
Development Review Branch
Staff Contact: Aibelle Babista Type Author's email.
Interested Parties:
The following interested parties will be notified of Committee's decision:
Greg Norman
Wenda Rodd
Paae 14