HomeMy WebLinkAboutA2021-0023 32 Mary Street CommentsClarftwn
Planning and Development Services
Committee of Adjustment
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Date of Meeting: July 22, 2021
File Number: A2021-0023
Address: 32 Mary Street, Burketon
Report Subject: A minor variance application to increase the maximum permitted floor area
for an accessory building (detached garage)
Recommendations:
1. That the Report for Minor Variance Application A2021-0023 be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application, A2021-0023 for a minor variance to Section 4.1.3 of Zoning By-law
2005-109 to increase the maximum permitted accessory building floor area from 90
square metres to 120 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; subject to the following condition:
a. That the existing shed on the property be removed within 60 days of the
issuance of the building permit
4. That all interested parties listed in this report be forwarded a copy of Committee's
decision.
Municipality of Clarington
Committee of Adjustment A2021-0023
1. Application Details
1.1 Owner/Applicant: Jesse Aide
Page 2
1.2 Proposal: Minor variance to Section 4.1.3 of Zoning By-law 2005-109 to
increase the maximum permitted accessory building floor area
from 90 square metres to 120 square metres to permit a
proposed garage.
1.3 Area of Lot: Approximately 1 hectare
1.4 Location: 32 Mary Street, Burketon
1.5 Legal Description: Part Lot 20, Concession 10, Former Township of Darlington
1.6 Zoning:
1.7 Clarington Official
Plan Designation:
1.8 Durham Region
Official Plan
Designation:
1.9 Heritage Status
Rural Settlement One (RS-1) Zone of Zoning By-law 2005-109
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Hamlet
N/A
Municipality of Clarington
Committee of Adiustment A2021-0023
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Figure 1 — Location Map
Municipality of Clarington
Committee of Adjustment A2021-0023
2. Background
Page 4
2.1 The owner is seeking relief from Zoning By-law 2005-109 to permit the construction of a
detached garage with a total floor area of 120 square metres, which is 30 square metres
larger than the total maximum permitted accessory building floor area of 90 square
metres.
2.2 This proposal will also be subject to Minor Site Plan approval due to the site's location
on the Oak Ridges Moraine and within both a Minimum Area of Influence and a
Landform Conservation Area (Category 2).
Figure 2 — Proposed Site Plan
Municipality of Clarington
Committee of Adjustment A2021-0023 Page 5
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 32 Mary Street, west of Old Scugog Road in the
Hamlet of Burketon. The property is within a Landform Conservation Area (Category 2)
in the Oak Ridges Moraine and is approximately 1 hectare with an approximate depth of
85 m. Mary Street ends at the Northeast corner of the property, resulting in a minimal
frontage. There is a single detached dwelling located on the property, as well as a
storage shed that is proposed to be demolished.
3.2 The surrounding uses to the north and east are residential, predominantly in the form of
detached dwellings. Directly abutting the site to the south is a rail line, followed by a
recreational park. To the west is a large wooded area.
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 and Agency Comments
5.1 The Infrastructure Division of Public Works has no concerns with this application.
5.2 The Central Lake Conservation Authority has no concerns with this application.
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 concerns with this
application.
5.5 The Region of Durham has no concerns with this application.
6. Discussion
Conformity with the intent and purpose of the Regional and Clarington Official Plans
6.1 The property is designated "Hamlet" within the Durham Region Official Plan. Single
detached dwellings and accessory structures are permitted within this designation.
6.2 The property is designated "Hamlet" within the Clarington Official Plan. Single detached
dwellings and accessory structures are permitted within this designation.
Municipality of Clarington
Committee of Adjustment A2021-0023 Page 6
6.3 For the above stated reasons, 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
6.4 The subject property is zoned "Rural Settlement One (RS1) Zone" under Zoning By-law
2005-109, which permits the single detached dwelling and proposed accessory building.
Section 4.1.3 of Zoning By-law 2005-109 provides regulations for accessory buildings.
Accessory buildings in the RS1 Zone are permitted to have a maximum floor area 90
square metres or 10% of the lot area, whichever is less. If the lot area were 2 hectares,
120 square metres would be permitted, however, the property is 1 hectare.
6.5 The maximum accessory building floor area regulations serve several purposes. It
ensures that the accessory building remains secondary to the primary residential use
and that the property does not become overwhelmed with structures. Furthermore, it
ensures there is sufficient open space on the property to allow for drainage. The
residential dwelling on the property has a floor area of 167 square metres which,
compared to the 120 square metres of the proposed garage, will be the principle use of
the site. The proposed garage will have a lot coverage of 1.22%, well below the
maximum of 10%, while the total lot coverage, including the residential dwelling and
proposed garage would be 3.11 %, well below the maximum of 15%. Due to the
relatively large size of the property, the proposed garage would have a minimal impact
on lot coverage, and there would still be considerable open space on the property. With
the demolition of the existing shed, there will only be two structures on the property,
which will not overwhelm the property.
6.6 For the above reasons, it is Staff's opinion that the application conforms to the intent
and purpose of the Zoning By-law.
Desirable for the appropriate development or use of the land, building or structure
6.7 The appropriate use of land is residential. The existing dwelling is residential, and the
proposed garage will be accessory to the residential use. The proposed garage will
allow the property owner to store goods and vehicles related to the residential use. The
proposed garage will be accessed by an extension of the driveway and will be
separated from the residential dwelling by the existing driveway, ensuring its detached
accessory use. The proposed garage is designed to have a pitched roof similar to the
residential dwelling, making it compatible with the existing roofline.
During the circulation and review of the application, no adverse comments from the
public, staff, nor agencies were received.
6.8 For the above reasons, it is Staff's opinion that the proposed minor variance is desirable
for the appropriate development or use of land, building or structure.
Municipality of Clarington
Committee of Adjustment A2021-0023 Page 7
Minor in Nature
6.9 The proposed garage floor area is 30 m larger than the maximum permitted area,
however, its lot coverage of 1.22% is well below the 10% maximum. The total lot
coverage, consisting of the existing dwelling and proposed garage, will be 3.11 %, well
below the maximum of 15%. This ensures that the garage will have a minimal overall
impact on the property, and sufficient landscaped open space will be maintained.
6.10 The proposed height of the garage will be less than the existing residential dwelling and
its design and placement within the property make it secondary to and compatible with
the existing use.
6.11 The proposed garage will have negligible impact on neighbouring properties. The front
and side setbacks of approximately 39 and 43 metres, respectively, ensure that the
proposed garage is distanced from neighbouring properties. Furthermore, there is
sufficient tree and vegetation cover between the subject property and the abutting north
and east residential properties to provide screening.
6.12 For the above reasons, it is Staff's opinion that the application is minor in nature.
7. Conclusion
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 approval of application A2021-0023 to
increase the maximum permitted accessory floor area from 90 square metres to 120
square metres to permit a proposed garage.
Submitted by:
Anne Taylor Scott, Principal Planner
Development Review Branch
Staff Contact: Cooper Howieson
Interested Parties:
The following interested parties will be notified of Committee's decision:
Jesse Aide