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HomeMy WebLinkAboutA2021-0022 340 King St 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: A2021-0022 Address: 340 King Street East, Bowmanville Report Subject: A minor variance application to permit a shed with a total floor area of up to 90 square metres as an accessory structure to the existing residential use within the Environmental Protection (EP) Zone. 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 A2021-0022, for a minor variance to Sections 3.1 a. and 5.1 a. i) of Zoning By-law 84-63 to permit an accessory structure (shed) with a total floor area of up to 90 square metres as an accessory structure to the existing residential use within the Environmental Protection (EP) Zone 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 A2021-0022 1. Application Details 1.1 Owner/Applicant: Wendy Korver & Michael Hackenberger (Savannah Land Corporation) 1.2 Agent: Michael Di Lella (MD Renovations & General Contracting) Page 2 1.3 Proposal: A minor variance to Sections 3.1 a. and 5.1 a. i) of Zoning By-law 84-63 to permit a shed with a total floor area of up to 90 square metres as an accessory structure to the existing residential use within the Environmental Protection (EP) Zone. 1.4 Area of Lot: 40.7 acres (60.47 hectares) 1.5 Location: 340 King Street East, Bowmanville, (see Figure 1) 1.6 Legal Description: Part Lot 8, Concession 1, Former Town of Bowmanville 1.7 Zoning: "Environmental Protection (EP) Zone" and "Urban Residential Type One (R1) Zone" of Zoning By-law 84-63 1.8 Clarington Official Plan Designation: Environmental Protection and Regional Corridor 1.9 Durham Region Official Plan Designation: Major Open Space Areas and Regional Corridor 1.10 Heritage Status: None Municipality of Clarington Committee of Adjustment A2021-0022 46 33 32 =9PR671E M\ Izi 34 / �Yv HTREE CRESC�EN 4Ta 1 40 at 40 38 43 Z I36 45 A 44 34 47 A 46 32 49 K 48 30 51 50 47 26 53 52~ = 45 2fi cy `T4` Z 43 24 9� inp���' W 37 y° 6 35 pgRi' X 10 8 LOT:9 6 CON: 1 SOT; g CON:'1 00 G s TRF p'�' E/ 439 !! � I Oat 1330 $ RE5CENT LE C � J N CA�� as Bowmanville ino ��z �as Hq'IiEYC0UR7 y / W 47 w - Cemetary 2811 �Ar� m 'fir'^ Property Location Map- (Bowmanville) Area Subject To Minor Variance M�au,l ee ® 340 King Street East, Bowmanville Bowmanville New astle I A2021-0022 rake Oxtarro Figure 1 — Location Map Paae 3 Municipality of Clarington Committee of Adjustment A2021-0022 Page 4 2. Background 2.1 The subject lands are described as the former Bowmanville Zoo property. 2.2 Savannah Land Corporation owns the subject property municipally addressed as 340 King Street East. The majority of Savannah's lands are within the floodplain. 2.3 The subject lands are part of a broader land acquisition proposal that is ongoing, but not yet complete. 2.4 In 2018, Council of the Municipality of Clarington supported the following: a. Amendments to the draft plan of subdivision to the east (Far Sight Investments Ltd.) which would see a small portion of land owned by Savannah transferred and developed together with the Far Sight development; and, b. The transfer of approximately 13.7 hectares (34 acres) of open space and valleylands to the Municipality of Clarington. 2.5 Ownership of the existing trailer park and Barley Mill building would remain in the ownership of Savannah Land Corporation and are not considered to be part of the subject application. 2.6 The remaining lands, a proposed residential lot having an area of approximately 0.5 hectares, would contain the existing house and proposed shed, and would be retained by the Hackenberger family (Savannah Land Corporation). 2.7 On June 28', 2021, the residing homeowner submitted an application for a Minor Variance to build a shed that is accessory to the residential use. The lands are currently zoned "Environmental Protection (EP)" in Zoning By-law 84-63, which do not permit residential uses as a primary use. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 340 King Street East in Bowmanville. Formerly known as the Bowmanville Zoo, being on the north side of King Street East, between Mearns Avenue and Lambs Road. The current property is approximately 40.7 hectares, with an approximate lot frontage of over 300 metres. Existing on the property is a mobile home park, the Barley Mill building and the single detached dwelling. Soper Creek and its tributaries run throughout the property. 3.2 While the aerial photograph illustrates several outbuildings associated with the former Zoo, the buildings have recently been demolished in anticipation of the transfer of lands. Municipality of Clarington Committee of Adjustment A2021-0022 Page 5 3.3 Abutting the property on the east is a draft approved plan of subdivision Far Sight Investments Limited, which is currently cleared for development, with some forested areas and open space for parkland. There are existing residential properties abutting the south-west corner of the subject lands, and a set of residential properties abutting the western side of the property. To the north of the subject property is the Soper Creek multi -use trail that goes through Barley Mill Park, and residential properties fronting Barley Mill Crescent to the north (see Figure 2). Municipality of Clarington Committee of Adjustment A2021-0022 Page 6 LU 'ice /• ? Z a. . . � - a ter• �-s. 1 .5 t dtj h Proposed Shed AST tom. - - Existing House r = �►, i JProposed Access Driveway ' t Proposed Residential Lot ' Subject Property; Figure 2 — Subject property (outlined in red) and location of existing dwelling (340 King Street East) and approximate location of the proposed shed Municipality of Clarington Committee of Adjustment A2021-0022 s Page 7 14-tze--4 QF- / r4C . B r 111 Ll North E as-ar r North set back 1.22m East set back ..5 m New Sheri West set back 48.8 m ea - Y Build g removed Principal residence . Septic area South sdt back > 2a0 rn Purposed driveway, hydro & water easem nt as per Ref# A-025693-RPLAN_V4 KI-C sMU7 Odr Figure 3 — Site Plan of proposed shed in relation to the existing residence 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. Two residents nearby the subject property inquired to clarify the intent, size and location of the proposed shed. They had no objections following Staff's clarification. The third submission was letter of support from Far Sight Investments Limited. Municipality of Clarington Committee of Adjustment A2021-0022 Page 8 5. Departmental and Agency Comments 5.1 The Infrastructure Division of Public Works has no objection to this proposal, subject to requiring a detailed grading plan at the building permit stage. The grading plan must demonstrate that there is no impact on any adjacent properties as a result of the development of the shed. Retaining walls are to be avoided. The plan must illustrate all erosion control measures for the construction phase. The grading plan will be subject to the approval of the Director of Public Works. All plans must be prepared by a qualities Professional Engineer or an Ontario Land Surveyor. 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 found on this application. 5.4 The Planning Department's Special Projects branch do not have any comments or concerns regarding the application. 5.5 The Central Lake Ontario Conservation Authority (CLOCA) has reviewed the application and advises that the entire subject lands contain a wetland, woodland, valleyland, as well as erosion and floodplain hazards. CLOCA has no objection to the proposed site alteration or development of these lands but requires the applicant obtain a permit from CLOCA. 5.6 The Durham Regional Health Department has reviewed the application and has no objection to the approval. 5.7 The Region of Durham Planning and Economic Development Department has reviewed the application and has no objection to the proposed application. 6. Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 6.1 Within the Durham Region Official Plan, the subject property is designated "Living Areas". Lands designated Living Areas are predominantly intended for housing purposes. 6.2 Within the Clarington Official Plan, the subject property is designated "Environmental Protection" and "Regional Corridor". Lands designated Environmental Protection are to be preserved and protected. Permitted development on these lands include uses related to forest and wildlife management, agriculture and related uses, as well as low - intensity recreation. According to Section 23.9 of the Official Plan, single detached dwellings in Environmental Protection Areas are permitted, provided that the proposal demonstrate minimal impact to the Natural Heritage System. CLOCA's comments confirm they have no objection to the minor variance. Municipality of Clarington Committee of Adjustment A2021-0022 Page 9 6.3 For the above stated reasons, it is staff's opinion that the proposed accessory building (shed) conforms to the intent and purpose of both the Regional and Local Official Plans. Conformity with the intent and purpose of the Zoning By-law 6.4 The subject property is largely zoned "Environmental Protection (EP)" and "Urban Residential Type One (R1)" in Zoning By-law 84-63. The single detached dwelling is located within the "EP" Zone, where residential uses are not permitted. The single detached dwelling would be considered as a legal non -confirming use. 6.5 Accessory structures are permitted on lands in accordance with Section 3.1 a. where the "Bylaw provides that a lot may be used or a building or structure may be erected or used for purposed, that purpose shall include any accessory building or structure or accessory use." 6.6 While the existing single detached dwelling is considered legal non -conforming, the construction of an accessory structure in the "Environmental Protection Zone" can not be permitted without a minor variance to Section 3.1 a. and 5.1 a. i) to acknowledge that the residential use and associated accessory structure are established and permitted. 6.7 As per Section 3.1 c., accessory structures greater than 10 square metres in total floor area must not exceed a building height of 4.5 metres. The proposed shed complies with the maximum permitted height (see Figure 4). The maximum height regulations also ensure the accessory building is appropriate for a subordinate building size and scale as this building is to remain secondary to the primary residential use. The proposed shed complies with all other applicable zoning regulations. 6.8 The intent of the "EP" Zone is to prohibit residential uses however there is an existing legal non -conforming dwelling at this location. Nothing can prevent this use from continuing despite being impacted by the floodplain. The intent of the general zone provisions is to allow an accessory structure where the by-law provides a residential use. From an impact perspective, staff and agencies recognize the relatively small footprint of the structure, and the fact that is not being used for human habitation. By recognizing that the existing residential use is established and varying the general provisions of the Zoning By-law, Planning Staff are satisfied that the intent and purpose of the Zoning By-law are maintained. Municipality of Clarington Committee of Adjustment A2021-0022 Page 10 Figure 4 — Front and side elevations of the proposed shed Desirable for the appropriate development or use of the land, building or structure 6.9 While the subject property is zoned Environmental Protection, the applicant is proposing site alteration to ensure the shed does not conflict with the floodplain on the property (see Figure 3). Additionally, the Infrastructure Division of Public Works has confirmed that through the Building Permit stage, a grading plan is required which shall demonstrate no impacts on adjacent properties and confirm erosion control measures prior to the construction of the shed. 6.10 Proposed land uses to the east include open space and a stormwater management facility while a park is proposed to the north. The proposed structure is not anticipated to impact views nor result in any significant impact to surrounding lands or the neighbourhood given its isolated location. The structure would not be visible from King Street. 6.11 The proposed building design complements the existing residential use with the gable style roof. The use of building materials including the board and batten siding, as well as the stone skirt, provide a subtle homage to the previous use of the Zoo lands. It is assumed that the proposed shed will not detract from surrounding land uses. 6.12 Neither staff nor agencies have identified any technical reason why the minor variance application should not be approved. 6.13 For the above stated reasons, it is staff's opinion that the proposed shed is desirable for the appropriate development and use of the land. Municipality of Clarington Committee of Adiustment A2021-0022 Minor in Nature Page 11 6.14 The proposed accessory structure within an Environmental Protection zone containing a continued residential use is considered to have minimal impact to the lands. The proposed shed is to remain secondary to the principal dwelling and residential use of the resultant parcel following the transfer of lands. 6.15 No objections were received from departments or agencies. 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 the application for minor variance Sections 3.1 a. and 5.1 a. i) of Zoning By-law 84-63 to permit a shed with a total floor area of up to 90 square metres as an accessory structure to the existing residential use within the Environmental Protection (EP) Zone. 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: Wendy Korver & Michael Hackenberger Michael Di Lella / MD Renovations & General Contracting Savannah Land Corporation Bob Schickendanz / Farsight Investment