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HomeMy WebLinkAboutMerged Comments A2020-0051 11 Church St 05-27Clarftwn Planning and Development Services Committee of Adjustment Addendum Report 3 to the February 18, 2021 A2020-0051 Addendum Report Date of Meeting: May 27, 2021 File Number: A2020-0051 Address: 11 Church Street, Bowmanville Report Subject: A minor variance application to reduce the front yard setback from the required 4.5 metres to 4.1 metres to the dwelling. Recommendations: 1. That the Report for Application A2020-0051 be lifted from the table; 2. That the Addendum Report for Minor Variance Application A2020-0051 be received; 3. That all written comments and verbal submissions were considered in the deliberation of this application; 4. That application A2020-0051 for a minor variance to Section 12.2.d.i) of Zoning By-law 84-63 to reduce the front yard setback from the minimum required 4.5 metres to 4.1 metres to the dwelling 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. 5. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2020-0051 1. Background Page 2 1.1 Application A2020-0051 was heard at the Committee of Adjustment meeting on November 12, 2020. The applicant was given additional time to comply with Infrastructure Division of the Public Works Department's requirements for an Entrance Permit and the Committee approved the following motion: "That application A2020-0051 for a minor variance to Section 12.2 d.i) of Zoning By-law 84-63 to reduce the front yard setback from the minimum required 4.5 metres to 4.1 metres to the dwelling be tabled for a period of up to thirty (30) days, to allow the applicant more time to meet the Entrance Permit requirements of the Infrastructure Division of the Public Works Department" 1.2 On December 10, 2020, the application was tabled for a second time. The applicant had removed a portion of the fence to provide a second outdoor parking space off Lambert Street. Staff had been on site to inspect the fence and it did not meet the sightline requirements for an Entrance Permit. 1.3 On January 21, 2021 Planning Staff received confirmation that the Public Works Department had worked with the applicant to make adjustments to the fence to comply with the requirements for sightlines. The fence has been inspected and Planning Staff have received confirmation that it now complies with the Fence By- law (See Figure 1) and that the Entrance Permit file is now closed. 1.4 Planning Staff completed a site visit on February 16, 2021 which included measuring the width of the parking space off Lambert Street. The parking space measured 2.1 metres in width, which is less than the required 2.75 metres per Section 3.16.6 of the Zoning By-law. The parking space is also required to comply with Section 3.16.g which states that driveways connecting the parking space or area with a street shall be maintained with a stable surface which is treated so as to prevent the raising of dust and capable of permitting access under all climatic conditions. The applicant must ensure this second parking space complies with the requirements of the Zoning By-law. Failing that, Planning Staff would recommend that the matter be referred to Municipal Law Enforcement Division for follow up and enforcement. 1.5 On February 18, 2021 the application was tabled for a third time for a period of up to sixty (60) days, to allow the applicant more time to satisfy municipal requirements relating to the reinstatement of a second parking space. 1.6 Planning Staff completed a site visit on May 5, 2021 to ensure that the parking space off Lambert Street complied with all of the requirements of the Zoning By- law. The site visit findings determined that the parking space measured 2.75 metres in width and a hard surface was established which complies with the Zoning By-law. Municipality of Clarington Committee of Adjustment A2020-0051 Figure 1: Proposed Driveway off Lambert Street 2. Discussion Page 3 Conformity with the intent and purpose of the Regional and Clarington Official Plans 2.1 The subject property is zoned "Living Areas" in the Regional Official Plan and "Urban Centre" in the Clarington Official Plan. Both the Regional and Clarington Official Plans permit the residential use of the property. 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 By-law 2.3 The subject property is zoned Residential Type One (R1) in Zoning By-law 84-63. The minimum required front yard setback is 4.5 metres to a dwelling. The intent of the Zoning By-law requirement for minimum front yard setbacks is to ensure that there is sufficient separation between the public realm along the street Municipality of Clarington Committee of Adjustment A2020-0051 Page 4 including sidewalks and the dwelling by establishing appropriate yard space, and to establish a consistent character and built form in the neighbourhood. In addition, these setbacks are required to ensure that dwellings do not dominate the streetscape by being located too close to the street. 2.4 The 0.4 metre reduction to the front yard setback to 4.1 metres will maintain sufficient separation between the private and public realm. The applicant has also installed a fence that assists in separating the public and private realm (See Figure 2). Overall, the size of the detached dwelling does not overwhelm the property or the public realm. Figure 2: 11 Church Street Front Yard 2.5 For the above stated reasons, it is 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 2.6 The appropriate use of the land is residential. The requested variance will allow for the continued use of the existing detached dwelling and for the continued use of the additional living space within the dwelling that resulted in the decreased front yard setback (See Attachment 1). 2.7 For the above stated reason, it is Staff's opinion that the minor variance requested is desirable for the residential use of the land and building. Minor in Nature 2.8 The subject minor variance conforms to both Official Plans and maintains the intent of the regulations for residential uses in the Zoning By-law. The decrease to the minimum required front yard setback is not a significant deviation from the Zoning By-law regulation and can be considered minor in nature. The decreased Municipality of Clarington Committee of Adjustment A2020-0051 Page 5 setback for the existing detached dwelling will have little impact on the public realm. 2.9 For the above stated reason, it is Staff's opinion that the application is minor in nature. I Conclusion 3.1 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. 3.2 While the subject minor variance relates specifically to the setback deficiency, Planning Staff were withholding the recommendation until the second parking space was reinstated appropriately. 3.3 Given the comments above, Staff recommends approving this application for minor variance to Section 12.2.d.i) of Zoning By-law 84-63 to reduce the front yard setback from the minimum required 4.5 metres to 4.1 metres. Submitted by: fl Anne Tayl r Scott, Principal Planner Development Review Branch The following interested parties will be notified of Committee's decision: Alan Johanson Clarftwn Planning and Development Services Committee of Adjustment Addendum Report 2 to the December 10, 2020 A2020-0051 Addendum Report Date of Meeting: February 18, 2021 File Number: A2020-0051 Address: 11 Church Street, Bowmanville Report Subject: A minor variance application to reduce the front yard setback from the required 4.5 metres to 4.1 metres to the dwelling. Recommendations: 1. That the Report for Application A2020- 0051 be lifted from the table; 2. That the Addendum Report for Minor Variance Application A2020-0051 be received; 3. That all written comments and verbal submissions were considered in the deliberation of this application; 4. That a copy of this report be forwarded to Municipal By-law Enforcement for follow up and enforcement. 5. That application A2020-0051 for a minor variance to Section 12.2.d.i) of Zoning By-law 84-63 to reduce the front yard setback from the minimum required 4.5 metres to 4.1 metres to the dwelling 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 parking space via Lambert Street comply with Sections 3.16.c.i and 3.16.g of Zoning By-law 84-83 within 90 days of the approval of a minor variance application; and 6. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2020-0051 1. Background Page 2 1.1 Application A2020-0051 was heard at the Committee of Adjustment meeting on November 12, 2020. The applicant was given additional time to comply with Infrastructure Division of the Public Works Department's requirements for an Entrance Permit and the Committee approved the following motion: "That application A2020-0051 for a minor variance to Section 12.2 d.i) of Zoning By-law 84-63 to reduce the front yard setback from the minimum required 4.5 metres to 4.1 metres to the dwelling be tabled for a period of up to thirty (30) days, to allow the applicant more time to meet the Entrance Permit requirements of the Infrastructure Division of the Public Works Department" 1.2 On December 10, 2020, the application was tabled for a second time. The applicant had removed a portion of the fence to provide a second outdoor parking space off Lambert Street. Staff had been on site to inspect the fence and it did not meet the sightline requirements for an Entrance Permit. 1.3 On January 21, 2021 Planning Staff received confirmation that the Public Works Department had worked with the applicant to make adjustments to the fence to comply with the requirements for sightlines. The fence has been inspected and Planning Staff have received confirmation that it now complies with the Fence By- law (See Figure 1) and that the Entrance Permit file is now closed. 1.4 Planning Staff completed a site visit on February 16, 2021 which included measuring the width of the parking space off Lambert Street. The parking space measured 2.1 metres in width, which is less than the required 2.75 metres per Section 3.16.6 of the Zoning By-law. The parking space is also required to comply with Section 3.16.g which states that driveways connecting the parking space or area with a street shall be maintained with a stable surface which is treated so as to prevent the raising of dust and capable of permitting access under all climatic conditions. The applicant must ensure this second parking space complies with the requirements of the Zoning By-law. Failing that, Planning Staff would recommend that the matter be referred to Municipal Law Enforcement Division for follow up and enforcement. Municipality of Clarington Committee of Adjustment A2020-0051 Figure 1: Proposed Driveway off Lambert Street 2. Discussion Page 3 Conformity with the intent and purpose of the Regional and Clarington Official Plans 2.1 The subject property is zoned "Living Areas" in the Regional Official Plan and "Urban Centre" in the Clarington Official Plan. Both the Regional and Clarington Official Plans permit the residential use of the property. 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 By-law 2.3 The subject property is zoned Residential Type One (R1) in Zoning By-law 84-63. The minimum required front yard setback is 4.5 metres to a dwelling. The intent of the Zoning By-law requirement for minimum front yard setbacks is to ensure that there is sufficient separation between the public realm along the street including sidewalks and the dwelling by establishing appropriate yard space, and to establish a consistent character and built form in the neighbourhood. In addition, these setbacks are required to ensure that dwellings do not dominate the streetscape by being located too close to the street. Municipality of Clarington Committee of Adjustment A2020-0051 Page 4 2.4 The 0.4 metre reduction to the front yard setback to 4.1 metres will maintain sufficient separation between the private and public realm. The applicant has also installed a fence that assists in separating the public and private realm (See Figure 2). Overall, the size of the detached dwelling does not overwhelm the property or the public realm. Figure 2: 11 Church Street Front Yard 2.5 For the above stated reasons, it is 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 2.6 The appropriate use of the land is residential. The requested variance will allow for the continued use of the existing detached dwelling and for the continued use of the additional living space within the dwelling that resulted in the decreased front yard setback (See Attachment 1). 2.7 For the above stated reason, it is Staff's opinion that the minor variance requested is desirable for the residential use of the land and building. Minor in Nature 2.8 The subject minor variance conforms to both Official Plans and maintains the intent of the regulations for residential uses in the Zoning By-law. The decrease to the minimum required front yard setback is not a significant deviation from the Zoning By-law regulation and can be considered minor in nature. The decreased setback for the existing detached dwelling will have little impact on the public realm. 2.9 For the above stated reason, it is Staff's opinion that the application is minor in nature. Municipality of Clarington Committee of Adjustment A2020-0051 I Conclusion Page 5 3.1 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. 3.2 While the subject minor variance relates specifically to the setback deficiency, Planning Staff were withholding the recommendation until the second parking space was reinstated appropriately. There has been significant dialogue between various staff departments and the applicant. It is Planning Staff's opinion that this conditional decision will allow the setback variance to advance (to recognize the deficiency with the existing dwelling) and will impose a specific timeframe to remedy the parking space. Failing action, this matter becomes a by-law enforcement matter versus a matter that remains under the purview of the Committee of Adjustment. Should the matter not be remedied within the specified timeframe, the parking matter will be referred to the By-law Enforcement Division, and the dwelling setback will become non -conforming to the Zoning By-law. It is in the Applicant's best interest to reinstate the parking space accordingly. 3.3 Given the comments above, Staff recommends approving this application for minor variance to Section 12.2.d.i) of Zoning By-law 84-63 to reduce the front yard setback from the minimum required 4.5 metres to 4.1 metres with the following condition: That the parking space off Lambert Street comply with Sections 3.16.c.i and 3.16.g of Zoning By-law 84-83 within 90 days of the approval of a minor variance application Submitted by: ~4 Anne Taylor Scott, Principal Planner Development Review Branch The following interested parties will be notified of Committee's decision: Alan Johanson c1twingoll Planning Services Committee of Adjustment Addendum Report 1 to the November 12 A2020-0051 Comments Date of Meeting: December 10, 2020 File Number: A2020-0051 Address: 11 Church Street, Bowmanville Report Subject: A minor variance application to reduce the front yard setback from the required 4.5 metres to 4.1 metres to the dwelling. Recommendations: 1. That the Report for Application A2020-0051 be lifted from the table; 2. That the Addendum Report for Minor Variance Application A2020-0051 be received; 3. That all written comments and verbal submissions were considered in the deliberation of this application; 4. That application A2020-0051 for a minor variance to Section 12.2 d. i) of Zoning By-law 84-63 to reduce the front yard setback from the minimum required 4.5 metres to 4.1 metres to the dwelling be tabled for a period of up to sixty (60) days, to allow the applicant more time to satisfy municipal requirements relating to the reinstatement of a second parking space; and 5. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2020-0051 1 Background Page 2 1.1 Application A2020-0051 was heard at the Committee of Adjustment meeting on November 12, 2020. The applicant was given additional time to comply with Infrastructure Division of the Public Works Department's requirements for an Entrance Permit and the Committee approved the following motion: "That application A2020-0051 for a minor variance to Section 12.2 d. i) of Zoning By-law 84-63 to reduce the front yard setback from the minimum required 4.5 metres to 4.1 metres to the dwelling be tabled for a period of up to thirty (30) days, to allow the applicant more time to meet the Entrance Permit requirements of the Infrastructure Division of the Public Works Department" 1.2 Since the last meeting, the applicant has removed a portion of the fence to provide a second outdoor parking space off Lambert Street (See Figure 1). Staff have been on site to inspect the fence and it does not meet the sightline requirements for an Entrance Permit. The owner must obtain an Entrance Permit which requires the applicant to meet the fence requirements. Figure 1: Proposed Driveway off Lambert Street 1.3 Staff are coordinating with various internal departments to ensure all municipal aspects are addressed prior to resolving the setback compliance through the minor variance. Staff need to ensure the second parking space has been re-established in order to recommend approval of the variance for the setback. 2 Conclusion 2.1 Given the above comments, Staff recommends this application for a minor variance be tabled for a period of up to sixty (60) days, to allow the applicant Municipality of Clarington Committee of Adjustment A2020-0051 Page 3 more time to meet the municipal requirements relating to the reinstatement of a second parking space. Submitted by: Anne Taylo Scott, Principal Planner, Development Review Branch The following is a list of interested parties to be notified of the Committee's decision: Alan Johansen c1twingwn Planning Services Committee of Adjustment Date of Meeting: November 12, 2020 File Number: A2020-0051 Address: 11 Church Street, Bowmanville Report Subject: A minor variance application to reduce the front yard setback from the required 4.5 metres to 4.1 metres to the dwelling. Recommendations: 1. That the Report for Minor Variance Application A2020-0051 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2020-0051 for a minor variance to Section 12.2 d. i) of Zoning By-law 84-63 to reduce the front yard setback from the minimum required 4.5 metres to 4.1 metres to the dwelling be tabled for a period of up to thirty (30) days, to allow the applicant more time to meet the Entrance Permit requirements of the Infrastructure Division of the Public Works Department; and 4 That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2020-0051 Page 2 1 Application Details 1.1 Owner/Applicant: Alan Johansen 1.2 Proposal: Minor variance to Section 12.2 d. i) of Zoning By-law 84-63 to reduce the front yard setback from the minimum required 4.5 metres to 4.1 metres to the dwelling. 1.3 Area of Lot: 1,012 square metres 1.4 Location: 11 Church Street (see Figure 1) 1.5 Legal Description: Part Lot 10, Concession 1, Former Township of Darlington 1.6 Zoning: Urban Residential Type One (R1) Zone of Zoning By-law 84- 63 1.7 Clarington Official Plan Designation: Urban Centre 1.8 Durham Region Official Plan Designation: Living Areas 1.9 Heritage Status: None Municipality of Clarington Committee of Adjustment A2020-0051 44 2 �4 45 42 ' .� G .,�` 40 41 39 4 4r'0 35 37 TT WELLINGTo H STREET _ e 31 r� 3 28 8 25 27 24 25 22 23 T2. C`7 21 19 IQ1► 17 N cNv �T9 / l.N,1 CON:1 ` a 14 10 9 — W LU � rn rn ISTREEF CD u7 Uft � d7 W 4 m ry J a� A 32 Property Location Map (Bowmanvitle) - Area Subject To Minor Variance 11 Church Street, 6owmanville A2020-005 r 47 Page 3 37 35 33 31 29 27 2721 3g 17 1� 7 59 3 LQ7 10 2 CON, w r- Ln 3 2 4 5 7 s F, L J --L 9 V Figure 1 — Location Map Municipality of Clarington Committee of Adjustment A2020-0051 2 Background 2.1 A By-law complaint was received regarding the removal of parking for the detached dwelling at 11 Church Street in Bowmanville. Page 4 2.2 Upon review of the property, it was noted that the front yard setback was also not in compliance with the Zoning By-law. 2.3 A Building Permit to change the use of the garage to living space and to expand a portion of the dwelling by 1.2 metres in the front yard was submitted and approved in April 2019. Based on misinformation at the time of permit issuance the front yard setback did not comply with the Zoning By-law. 2.4 The site plan submitted with the 2019 Building Permit showed a proposed driveway with tandem parking for two parking spaces accessed via Lambert Street. Subsequently, the property owner wishes to deviate from the original plan for two spaces off Lambert Street and proceed with one space on the Church Street frontage (recently reinstated), and one outdoor parking space accessed via Lambert Street. The owner is working with the Infrastructure Division of the Public Works Department to meet the requirements for an Entrance Permit from Lambert Street for the second outdoor parking space. At the time of writing this report, the second parking space has not been installed. 3 Land Characteristics and Surrounding Uses 3.1 The subject property is located at 11 Church Street in Bowmanville, at the southeast corner of Church and Lambert Streets (see Figure 1). The property is a corner lot and approximately 1,012 square metres in size. The property has a lot frontage of approximately 20 metres on Church Street and 50 metres on Lambert Street with an approximate depth of 50 metres. 3.2 The surrounding uses to the north include a public elementary school, to the east is residential and to the south and west are commercial plazas. 4 Discussion 4.1 The owner is required to provide two outdoor parking spaces for the detached dwelling. As this is before Municipal By-law Enforcement, the parking deficiency must be corrected to ensure conformity to the Zoning By-law otherwise, this application is premature. There are visibility concerns with the existing fence along Lambert Street. The owner is working with the Infrastructure Division of the Public Works Department to resolve this concern prior to obtaining an Entrance Permit. Municipality of Clarington Committee of Adjustment A2020-0051 5 Conclusion Page 5 5.1 Given the above comments, Staff recommends this application for a minor variance be tabled for a period of up to thirty (30) days to allow the owner more time to comply with the requirements for the Entrance Permit. Submitted by: Anne Taylo'r Scott, Principal Planner, Development Review Branch The following is a list of interested parties to be notified of the Committee's decision: Alan Johansen