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Home My WebLink AboutA2021-0017 4 Lord Duncan Crt 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: June 21, 2021 File Number: A2021-0017 Address: 4 Lord Duncan Court, Bowmanville Report Subject: A minor variance application to permit an addition to the existing attached garage by reducing the minimum interior side yard setback for a single detached dwelling from 6 metres to 4.5 metres. 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 A2021-0017 for a minor variance to Section 8.2 c. iii) of Zoning By- law 84-63 to permit an addition to the existing attached garage by reducing the minimum interior side yard setback for a single detached dwelling from 6 metres to 4.5 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 A2021-0017 1. Application Details 1.1 Owner/Applicant: Eric and Dolly Konzelmann Page 2 1.2 Proposal Minor variance to Section 8.2 c. iii) of Zoning By-law 84-63 to permit an addition to the existing attached garage by reducing the minimum interior side yard setback for a single detached dwelling from 6 metres to 4.5 metres. 1.3 Area of Lot: 5,746.74 square metres (0.57 ha) 1.4 Location: 4 Lord Duncan Court, Darlington (see Figure 1) 1.5 Legal Description 1.6 Zoning: 1.7 Clarington Official Plan Designation: 1.8 Durham Region Official Plan Designation: 1.9 Heritage Status Lot 26, Plan 10M -808, Part Lot 32, Concession 4, Former Township of Darlington "Residential Estate (RE) Zone" of Zoning By-law 84-63 Estate Residential Major Open Space Areas None Municipality of Clarington Committee of Adjustment A2021-0017 4315 I 4311 4275 � I 4255 32 4235 12 h 10 0 8 i 14 6 28 30 r �-ORD DUNCpN f Q 4215 COURp 11 %� 9 26 34 ; 3 3 29 31 W 4193 - 27 33 1 \ / 35 � LOT:33 Q 0 4175 LDT: 32 CON:4 20 25 LOT: 31 23X � i CON:4 coN:a 4157 18 �� 21 1916 \ 4139 <v� 17 4121 14 14 12 V 1 4101 13 10 � � 11 2 4 9� �7� 264 1 3 5 O O N 4M C> Property Location Map (Darlington) - Area Subject To Minor Variance 4 Lord Duncan Court, Darlington A202 T - 00 1 7 infield L_ — [nnlaklflen HaY�n � ry•OeP kesknrd � Nlrby endnl mono I Ik M1ell corona Nnm ton M• I o o��o Caurtice maple mwm .one 4M Newcastle -� T—k, Onta Figure 1 — Location Map Paae 3 Municipality of Clarington Committee of Adjustment A2021-0017 Page 4 2. Background 2.1 On May 25, 2021, an application for a minor variance to reduce the interior side yard setback to permit a garage addition to the existing attached garage was submitted. 2.2 The site plan submitted indicates the existing detached dwelling with an attached garage on the west side, an existing gazebo and an existing garage shed. The plan illustrates a proposed 46 square metre garage addition to the west side of the dwelling, an 8 square metre entrance addition to the front of the dwelling, and a 44.7 square metre addition on the east side of the dwelling (Figure 2). The proposed entrance addition and dwelling space addition comply with the applicable required setbacks. The existing gazebo and existing 2 car -garage shed also comply with the regulations for accessory structures. ................ .....w f :- F:ause Addition Area O ° E 4b.7 a �=1P - 1 F_ IWm �w al Hauw Erg ncc Addltlon 6w..rru.yltl 6.0 sqm ��E w , — — F�dbling Exlstfng GazeEo � � W e 9 p Area 65.1 sq m R 5 ipu 6 3 4 E ,fr D. Norton Exl ng Shad Area Proposed 6arep Ebdew r— 1 Rev: ncreased 056 aqm 41.0 eqM Anea16.394m Iarea _11 sq m t4 356.31 64 m 11 0117 q 'J F� UfiITgNP,w �:.5ia[au 1NTIOttT VamE.: — Figure 2 — Proposed Site Plan Municipality of Clarington Committee of Adjustment A2021-0017 Page 5 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 4 Lord Duncan Court, north of Pebblestone Road, east of Tooley Road and west of Trulls Road. It is situated within an estate residential cluster north of Courtice and south of Mitchell Corners, and is located on the north side of Lord Duncan Court (Figure 3). Figure 3 — Subject property and surrounding land uses 3.2 The property is irregular in shape and has an approximate lot area of 5,746.74 square metres (0.57 ha), an approximate 33.9 metre frontage and an approximate depth of 110 metres. The existing and continued use of the property is residential. Municipality of Clarington Committee of Adiustment A2021-0017 Page 6 3.3 Surrounding land uses include estate residential and agricultural uses. The abutting properties on the east, west and south of Lord Duncan Court are residential with similar dwelling types, while the abutting property on the north includes farmland. 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 did not receive any enquiries about this application. 5. Departmental Comments 5.1 The Infrastructure Division of Public Works has no objections to the proposal provided that the grading/drainage pattern within the lot remains unaltered. 5.2 The Building Division of Planning and Development Services has no concerns with this application. 5.3 The Clarington Emergency and Fire Services Department has no fire safety concerns with this application. 6. Agency Comments 6.1 The Central Lake Ontario Conservation Authority has no concerns with this application. 6.2 The applicant provided a copy of the Durham Regional Health Approval for the garage extension. Staff have confirmed with Staff at Durham Regional Health and confirmed they did not require to be circulated for this minor variance application. Further approvals from Durham Health are required at building permit stage. 7. Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 7.1 The property is within the "Major Open Space Areas" designation of the Durham Region Official Plan. Applicants are to demonstrate that development is compatible with natural surroundings and does not occupy more than 25 percent of the total developable area. 7.2 The property is designated "Estate Residential" within the Clarington Official Plan. Detached residential dwellings are permitted. 7.3 For the above stated reasons, it is Staff's opinion that the application conforms to the intent and purpose of both the Official Plans. Municipality of Clarington Committee of Adjustment A2021-0017 Page 7 Conformity with the intent and purpose of the Zoning by-law 7.4 The subject property is zoned "Estate Residential (RE) Zone" in Zoning By-law 84-63. The zone permits the continued use of a single detached dwelling. Section 8 of the Zoning By-law provides those regulations applicable for the principal building on the property. Section 8.2 c. iii) requires a minimum interior side yard setback of 6 metres to the closest part of the dwelling. 7.5 The proposed garage addition is proposed to have a 4.5 metre setback to the western interior side lot line. The intent of the required minimum interior side yard setback is to ensure adequate separation from neighbouring properties, ensure appropriate clearance access to the rear of the dwelling in events of emergency, and allow for proper drainage on the property and towards Lord Duncan Court. The proposed reduction to the interior side yard setback will maintain sufficient distance between the proposed garage addition and the interior side lot line. The resultant 4.5 metre setback is large enough to provide good access to the rear yard. There is also room for an enhanced landscaped strip along the western property line for additional privacy. 7.6 The garage addition is proposed to have an approximate height of 5 metres to the mid- point of the roof (Figure 4), which complies with the maximum height required in the Zoning By-law. While the proposed garage addition and the existing garage projects further than the front wall of the dwelling, the garage will maintain a reasonable setback from the front property line. The proposed garage addition and dwelling complies with all other applicable Zoning By-law regulations. Figure 4 — Proposed front elevation of the garage addition and existing dwelling 7.7 It is Staff's opinion that the application conforms to the intent and purpose of the Zoning By-law. Municipality of Clarington Committee of Adiustment A2021-0017 Page 8 Desirable for the appropriate development or use of the land, building or structure 7.8 The appropriate use of the land is residential, and the garage is accessory to the residential use. Staff are satisfied that the overall scale of the proposed garage addition will remain accessory to the principal dwelling. The proposed garage roofs are designed to complement the existing roof line of the dwelling with a similar style and pitch, as well the proposed building materials. While the roof pitch may suggest an additional storey above the first floor of the garages, the second storey may allow additional floor area contributions to the dwelling. Staff are satisfied that the proposed garage addition and resulting modifications to the dwelling are compatible with the existing residential use as the proposed addition integrates well with the existing building and will maintain a suitable setback from the abutting property to the west. 7.9 Currently the existing garage door is located on the western side of the dwelling, facing the adjacent property on the west (Figure 5). The proposed addition will have a street facing garage door as to match the relocated garage door on the existing garage (Figure 6). Therefore, any noise or impeding light projection from any vehicles will not impact the neighbouring property if access to the garage remained on the west side. There also appears to be an existing line of trees that provide for additional screening between the properties. Figures 5 & 6 — Existing garage door access and proposed location 7.10 Based on this review by Staff and commenting departments and agencies, there are no technical reasons why the minor variance should not be supported. 7.11 For the above stated reasons, it is Staff's opinion that the minor variance requested is desirable for the residential use of the land and building. Municipality of Clarington Committee of Adiustment A2021-0017 Minor in Nature Page 9 7.12 The proposed garage addition will integrate well into the existing garage and complement the existing design of the dwelling. The proposed side yard setback reduction maintains the general intent of providing a sufficient distance from the adjacent property, while ensuring proper site circulation around the existing dwelling as a whole. 7.13 The proposed addition is expected to increase the total dwelling coverage and floor area on the property, however these and all other aspects, save and except for the interior side yard setback will comply with the Zoning By-law. 7.14 For the above stated reasons, it is Staff's opinion that the proposed interior side yard setback reduction is minor in nature. 8. Conclusion 8.1 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. 8.2 Given the above comments, Staff recommends approving this application for a minor variance to Section 8.2 c. iii) of Zoning By-law 84-63 to permit an addition to the existing attached garage by reducing the minimum interior side yard setback for a single detached dwelling from 6 metres to 4.5 metres. Submitted b Ai1411 1/ YI I Anne Taylor Scott, Principal Planner Development Review Branch Staff Contact: Aibelle Babista, Planner I, 905-623-3379 extension 2425 or ababista(a�clarington.net . Interested Parties: The following interested parties will be notified of Committee's decision: Eric & Dolly Konzelmann Doug Norton