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HomeMy WebLinkAboutA2021-0028 19 McCallum Street 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: July 22, 2021 File Number: A2021-0028 Address: 19 McCallum Street, Enfield Report Subject: A minor variance application to facilitate the construction of an accessory structure (detached garage) by increasing the maximum total floor area and the maximum building height Recommendations: 1. That the Report for Minor Variance A2021-0028 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2021-0028 for minor variances to Section 3.1 c of Zoning By-law 84-63 to facilitate the construction of an accessory structure (detached garage) by increasing the maximum total floor area from 90 square metres to 112 square metres and the maximum building height from 4.5 metres to 5.5 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; subject to the following condition: a. That the existing shed and garage 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 Adiustment A2021-0028 Paae 2 1. Application Details 1.1 Owner/Applicant: 1.2 Agent: Robert Hockney Lonny Gibson/ Hull Drafting 1.3 Proposal To facilitate the construction of an accessory structure (detached garage) by permitting minor variances to Section 3.1 c of Zoning By-law 84-63 by increasing the maximum total floor area from 90 square metres to 112 square metres and the maximum building height from 4.5 metres to 5.5 metres 1.4 Area of Lot 1.5 Location: 1.6 Legal Description 1.7 Zoning: 1.8 Clarington Official Plan Designation: 1.9 Durham Region Official Plan Designation: 1.10 Heritage Status 0.21 hectares 19 McCallum Street, Hampton (see Figure 1) Part Lot 18, Concession 5, Former Township of Darlington "Residential Hamlet (RH) Zone" of Zoning By-law 84-63 Hamlet Hamlet None Municipality of Clarington Committee of Adiustment A2021-0019 e3 Property Location Map (Hampton) - Area Subject To Minor Variance 19 McCallum Street A2021-0028 Lnkr Ontario Figure 1: Property Location Map Municipality of Clarington Committee of Adjustment A2021-0028 2. Background Page 4 2.1 In June of 2021, the applicant came forward with a proposal for a detached garage to replace an existing garage on the property. Through consultation with the Planning Department, the applicant decided to reduce size of the proposed detached garage and remove an existing shed on the property to reduce the nature of the variance. Figure 2: Proposed Location of the Detached Garage Municipality of Clarington Committee of Adjustment A2021-0019 Page 5 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 19 McCallum in Hampton (See Figure 1). The property is an interior lot with frontage onto McCallum Street, north of Taunton Road. The property has a lot area of 0.21 hectares, an approximate lot frontage of 33 metres and an approximate lot depth of 64 metres. A single -detached dwelling and an existing shed (to be removed) are located on the subject lands (See Figure 2). 3.2 The surrounding land uses to the north, south, west are residential lots and single - detached dwellings within the Hamlet of Hampton. To the east is the Darlington Sports Centre. Figure 3: Rear of the property, neighbouring the Darlington Sports Centre 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 have not received any public enquiries related to this application. 5. Departmental and Agency Comments 5.1 The Infrastructure Division of Public Works has no objection to the minor variance application. Municipality of Clarington Committee of Adjustment A2021-0019 Page 6 5.2 The Building Division of Planning and Development Services has no comments on the minor variance application. 5.3 The Emergency and Fire Services Department has no objection to the application. 5.4 The Durham Region Health Department has no objection to the approval of the application. The Health Department stated that at the building permit stage, confirmation will be required that the proposed structure is at least 5 metres from the closest distribution pipe of the leaching bed. 6. Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 6.1 The Durham Regional Official Plan designates the subject property as Hamlet. The Clarington Official Plan designates the subject property as Hamlet. 6.2 The predominant use of lands within the Hamlet designation shall be for residential uses in the form of single -detached dwellings and accessory structures are permitted. 6.3 As such, the proposal is in conformity with the Regional and Clarington Official Plans. Conformity with the intent and purpose of the Zoning by-law 6.4 The subject property is within the "Residential Hamlet (RH) Zone" in Zoning By-law 84- 63. This zone permits a single detached dwelling, and accessory buildings. On the subject property, the maximum permitted total accessory floor area is 90 square metres and the maximum permitted building height is 4.5 metres. 6.5 The intent and purpose of the maximum height provision for accessory structures is to ensure that they remain secondary, 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 generally 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. In Staff's opinion the proposed detached garage will be at a smaller scale, will maintain the usable floor space at grade and will remain secondary to the principle residential use. 6.6 The intent of lot the coverage provisions is to ensure that there is sufficient landscaped open space on the property. The maximum floor area and maximum lot coverage regulations also ensure that the site can accommodate proper drainage. The subject lot area is approximately 2,104 square metres (0.21 ha). The proposed total lot coverage as a result of the proposed accessory building is 5.3%, which will result in limited site alteration and have minimal impact to the property. 6.7 The Public Works Department has reviewed the proposal and has no concerns with regards to drainage on the property. Municipality of Clarington Committee of Adjustment A2021-0019 Page 7 6.8 For the above -stated reason, it is Staff's opinion that the minor variances requested maintain the intent of the Zoning By-law. Desirable for the appropriate development or use of the land, building or structure 6.9 The requested variances will allow the applicant to store personal effects related to the residential use. The detached accessory structure is considered subordinate and secondary to the residential use. 6.10 Staff did not receive any objections or concerns from the public regarding this application. 6.11 For the above -stated reasons, it is Staff's opinion that the minor variances requested are desirable for the residential use of the land and building. Minor in Nature 6.12 The applicant is requesting relief to allow for an additional 1 metres of height and an additional 22 square metres of floor area. 6.13 The proposed detached garage will have little impact on neighbours or neighbouring residential properties as it will be built at the rear, eastern -most portion of the property, which is adjacent to the Darlington Sports Centre property. 6.14 No objections or concerns with the proposed detached garage were identified during the review process or from members of the public. 6.15 All other zone regulations as they relate to accessory structures can be met. 6.16 For the above stated reasons, it is Staff's opinion that the proposed variances are 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 approving minor variances Section 3.1 c of Zoning By-law 84-63 to facilitate the construction of an accessory structure (detached garage) by increasing the maximum total floor area from 90 square metres to 112 square metres and the maximum building height from 4.5 metres to 5.5 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; subject to the following condition: a. That the existing shed and garage on the property be removed within 60 days of the issuance of the building permit Municipality of Clarington Committee of Adjustment A2021-0019 Page 8 Submitted by: Anne Taylor Scott, Principal Planner Development Review Branch Staff Contact: Sean Jeffrey The following interested parties will be notified of Committee's decision: Lonny Gibson Robert Hockney