HomeMy WebLinkAboutA2021-0024 8 Worthington St. CommentsClarftwn
Planning and Development Services
Committee of Adjustment
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Date of Meeting: July 22, 2021
File Number: A2021-0024
Address: 8 Worthington Drive, Courtice
Report Subject: A minor variance application to permit an accessory structure (shed) and a
step projection by reducing yard setbacks.
Recommendations:
1. That the Report for Minor Variance Application A2021- be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application A2021-0024 for a minor variance to Section 3.1 c. of Zoning By-law
84-63 to permit an accessory structure (shed) by reducing the minimum interior side
yard setback from 0.6 metres to 0.175 metres and the minimum rear yard setback
from 0.6 metres to 0.275 metres; and to Section 3.1 g. iv) by reducing the interior
side yard setback from 0.6 metres to 0.45 metres to permit a step projection into the
required interior side yard, be tabled for up to ninety (90) days to allow the
applicant to obtain a property survey and amend the submitted application; and
4. That all interested parties listed in this report be forwarded a copy of Committee's
decision.
Municipality of Clarington
Committee of Adjustment A2021-0024
1. Application Details
1.1 Owner/Applicant: James Aitchison
Page 2
1.2 Proposal: Minor Variance to Section 3.1 c. of Zoning By-law 84-63 to
permit an accessory structure (shed) by reducing the minimum
interior side yard setback from 0.6 metres to 0.175 metres and
the minimum rear yard setback from 0.6 metres to 0.275
metres; and to Section 3.1 g. iv) by reducing the interior side
yard setback from 0.6 metres to 0.45 metres to permit a step
projection into the required interior side yard.
1.3 Area of Lot: 640.5 square metres
1.4 Location: 8 Worthington Drive, Courtice (see Figure 1)
1.5 Legal Description: Part Lot 34, Concession 2, Plan 40M1847 Lot 18
1.6 Zoning: "Urban Residential Type One (R1)" of Zoning By-law 84-63
1.7 Clarington Official Urban Residential
Plan Designation:
1.8 Durham Region Living Areas
Official Plan
Designation:
1.9 Heritage Status: None
Municipality of Clarington
Committee of Adjustment A2021-0024
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_ Area Subject To Minor Variance
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A2021-0024
Figure 1 — Location Map
Paae 3
Municipality of Clarington
Committee of Adjustment A2021-0024
2. Background
Page 4
2.1 This application before the Committee of Adjustment is linked to a complaint received in
early May 2021 by the Clarington By-law Enforcement Office.
2.2 On June 28, 2021, Planning Staff received an application for Minor Variance from the
applicant/resident of 8 Worthington Drive in Courtice. The application is seeking a
reduction in the side and rear yard setbacks for an existing pool -shed, and a reduction
in the setback for the existing staircase leading to the deck.
2.3 Since the application was received and the Notice of Hearing was distributed, Staff have
received concerns from neighbouring residents about the scope of the minor variance
application and additional information was provided by the By-law Enforcement Division.
It is apparent to Staff that the issue at hand is multi -faceted:
2.3.1. First, there is a building on lands external to the property on lands owned by the
Municipality of Clarington. This matter is entirely before the By-law Enforcement
Division and is not a matter under the jurisdiction of the Committee of
Adjustment.
2.3.2. Secondly, there appears to be dispute over the location of the fence relative to
property limits that may impact the representation of the dwellings relative to
property limits in the Minor Variance application. This is not a matter that can be
resolved through the Committee of Adjustment nor by Planning Staff. This matter
must be resolved by the parties involved and may include obtaining the advice
and expertise of a land surveyor (although often an understanding can be
reached without this added step).
2.3.3. Thirdly, there is the matter of the subject Minor Variance application. However,
given all the information before Planning Staff, the Minor Variance should not be
considered by the Committee of Adjustment as there appears to a dispute over
the information provided in the application.
2.4 Minor Variance applications do not typically require the submission of a survey. This
results in time and cost added to the process and often there is a general understanding
and agreement as to the extent of the property limits and setbacks. It is a best practice
for Planning Staff to caution applicants that an application `sketch' is not considered
survey quality, and should there be any dispute or issue, a survey may be warranted as
part of the process or a later point post -construction should an issue arise.
2.5 While it is possible that a resolution between the parties could occur without a survey,
Staff reached out to the applicant to ask whether they could provide a survey confirming
the property boundaries, existing and proposed structures and setbacks. A survey
would ensure all parties will have a thorough and accurate representation of the current
situation.
Municipality of Clarington
Committee of Adiustment A2021-0024
Paae 5
2.6 The applicant had notified Planning Staff of their concern with obtaining a survey and
agreed to table their application to allow enough time to obtain a property survey and
revise their application.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 8 Worthington Drive in Courtice, on the north side of
Worthington Drive, internal to the neighbourhood that is west of Prestonvale Road,
south of Highway 2, and north of Bloor Street. Existing on the property is a single
detached dwelling, a deck abutting the south -side of the dwelling, a pool -shed in the
south-west corner of the property, and a swimming pool in the rear of the property.
3.2 The surrounding uses to the north, south and east are residential, including single
detached homes. The subject property abuts an environmentally protected area to the
west, which surrounds Farewell Creek (see Figure 2).
Municipality of Clarington
Committee of Adjustment A2021-0024 Page 6
Figure 2 — Subject property (outlined in red) and surrounding land uses
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 received 3 enquiries about this application. Questions were received regarding
whether Staff had conducted a site visit, whether a shed in the rear is within the
property limits, and whether the pool -shed and step projection are encroaching onto the
southern neighbouring property. Concerns were also received regarding by-law
Municipality of Clarington
Committee of Adiustment A2021-0024
Page 7
infractions and potential issues for neighbouring properties. One adjacent property
owner requested they speak at the public meeting with a survey.
5. Departmental and Agency Comments
5.1 The Infrastructure Division of Public Works has no objections to the proposal. However,
the applicant shall confirm that the drainage and grading pattern within the lot has not
been compromised due to the backyard configuration. Specifically, with the close
proximity of the pool -house to the shared property limit, it's important the side yard
swale is not compromised with directing all drainage to the rear yard open space.
5.2 The Building Division of Planning and Development Services has no comments
regarding this application.
5.3 Clarington Emergency and Fire Services Department has no fire safety concerns on the
application.
5.4 The Special Projects branch of Planning and Development Services has no comments
or concerns.
5.5 The Central Lake Ontario Conservation Authority (CLOCA) has reviewed the application
and advises that the subject lands are adjacent to the valley land of Farewell Creek,
which contains a wetland, woodland, significant valley land, as well as erosion and
floodplain hazards. CLOCA Staff have no objection to any approval of this minor
variance application. The applicant must obtain a retroactive permit for all site alteration
and/or building construction be obtained from CLOCA for all unauthorized works within
these lands.
5.6 The Region of Durham Planning and Economic Development Department has no
objections to the proposed application.
6. Discussion
6.1 The property is zoned "Urban Residential Type One (R1) Zone" in Zoning By-law 84-63.
The property is designated Urban Residential in the Clarington Official Plan and Living
Areas within the Durham Region Official Plan.
6.2 Accessory structures are permitted within urban residential zones and are to remain
subordinate to the principal residential use on the property. Section 3.1 of the Zoning
By-law provides the regulations for accessory structures such as sheds. The existing
pool -shed and step projection do not comply with the required minimum 0.6 metre
setback and therefore requires a minor variance. The application seeks a reduction to
the required minimum rear yard setback from 0.6 metres to 0.17 metres, and a
reduction to the required minimum side yard setback from 0.6 metres to 0.27 metres
(see Figure 3).
Municipality of Clarington
Committee of Adjustment A2021-0024 Page 8
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6.3 Given the background provided in Section 2, the applicant has agreed with Staff's
recommendation to table the application. The issue of property limits and fence
construction must be resolved prior to consideration of the subject minor variance
application or any revision thereto.
7. Conclusion
7.1 Given the above comments, Staff recommend that the minor variance application to
Section 3.1 c. of Zoning By-law 84-63 to permit an accessory structure (shed) by
reducing the minimum interior side yard setback from 0.6 metres to 0.175 metres and
the minimum rear yard setback from 0.6 metres to 0.275 metres; and to Section 3.1 g.
iv) by reducing the interior side yard setback from 0.6 metres to 0.45 metres to permit a
step projection into the required interior side yard be tabled for a period of up to ninety
(90) days to allow for the minor variance application to be revised.
Municipality of Clarington
Committee of Adjustment A2021-0024 Page 9
Submitted by.
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:
Laurie Aitchison
Lorraine Aitchison