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Planning and Development Services
Committee of Adjustment
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Date of Meeting: August 12, 2021
File Number: A2021-0018
Address: 27 Arthur McLaughlin Street, Bowmanville
Report Subject: A minor variance application to facilitate the construction of a side
entrance to a proposed in-house apartment by decreasing the minimum
side yard setback from 0.6 metres to 0.26 metres as a result of a step
Droiection.
Recommendations:
1. That the Report for Minor Variance Application A2021-0018 be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application A2021-0018 for a minor variance to Section 3.1 g. iv) and Section
13.4.54 d. iii) of Zoning By-law 84-63 to facilitate the construction of a side entrance
to a proposed in-house apartment by decreasing the minimum side yard setback
from 0.6 metres to 0.26 metres as a result of a step projection be approved subject
to conditions fulfilled at the time of Planning Staff review of the Building Permit
Application:
a. Approval of a grading plan that conforms to the Municipality of Clarington
Design Guidelines and is satisfactory to the Director of Public Works, and
b. Demonstrate a through access to satisfy the Director of Fire and Emergency
Services,
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 A2021-0018
1. Application Details
Page 2
1.1 Owner/Applicant: Sivatheepan Sunthavalingam
1.2 Proposal: A minor variance to Section 3.1 g. iv) and Section 13.4.54 d. iii)
of Zoning By-law 84-63 to facilitate the construction of a side
entrance to a proposed in-house apartment by decreasing the
minimum side yard setback from 0.6 metres to 0.26 metres as a
result of a step projection.
1.3 Area of Lot: 390.14 square metres
1.4 Location: 27 Arthur McLaughlin Street, Bowmanville (see Figure 1)
1.5 Legal Description: Part Lot 13 Concession 3, Plan 40M2610 Lot 74
1.6 Zoning: "Urban Residential Exception (R2-54)" Zone 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 A2021-0018
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- Area Subject To Minor Variance S
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Municipality of Clarington
Committee of Adjustment A2021-0018 Page 4
2. Background
2.1 In order to construct a side yard staircase to a future basement apartment at 27 Arthur
McLaughlin Street, the Owner applied for a Minor Variance for relief from the maximum
permitted projection in a side yard for steps which cannot reduce the side yard to be
less than 0.6 metres.
2.2 While the application came in to reduce the setback from 0.6 metres to 0.5 metres, it
was subsequently revised to state a reduction from 0.6 metres to 0.26 metres to
accurately reflect the structure design.
2.3 Through internal consultation with the Building Division and the Infrastructure Division of
Public Works, Staff requested the applicant to obtain a consent letter from the
neighbouring property to the north, 31 Arthur McLaughlin Street, to ensure the future
construction is mutually agreed upon between the two neighbours in the event of a civil
conflict or drainage issue. Staff have received a signed consent letter from 31 Arthur
McLaughlin Street for the subject application.
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Figure 2 — Proposed site plan of 27 Arthur McLaughlin Street
Municipality of Clarington
Committee of Adjustment A2021-0018
Figure 3 — Rear of subject dwelling, with existing air conditioning unit to the left
3. Land Characteristics and Surrounding Uses
Page 5
3.1 The subject property is located at 27 Arthur McLaughlin Street, on the east side of
Arthur McLaughlin Street in the Northglen neighbourhood of north Bowmanville. The
subject property is west of Middle Road, east of Bowmanville Avenue, north of
Concession Rd 3 and south of the northern urban boundary of Bowmanville. The
property is approximately 390.14 square metres in lot area with an approximate frontage
of 12 metres and depth of 32.4 metres. The existing and proposed uses of the building
are residential.
3.2 The surrounding uses to the north, south, west and east are residential, with similar
dwelling types of single detached dwelling forms.
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 reviewed the application and has no
objection to the application. The letter from the abutting property owner is satisfactory.
The Infrastructure Division requires a drain at the bottom of the proposed stairs to
prevent water from pooling in this location and request that the drain and proposed
Municipality of Clarington
Committee of Adjustment A2021-0018 Page 6
connection be included in all applicable drawings. Once the work is complete, the
existing drainage pattern and side yard swales of the lot are to be re -instated to match
the current drainage design.
5.2 The Building Division of Planning and Development Services has reviewed the
application and state that a building permit is required.
5.3 Clarington Emergency and Fire Services Department has reviewed the application and
found no fire safety concerns.
6. Discussion
Conformity with the intent and purpose of the Regional and Clarington Official Plans
6.1 The subject property is designated Living Areas within the Durham Region Official Plan,
and Urban Residential within the Clarington Official Plan. Both the Regional and
Clarington Official Plans permit the residential use of the property.
6.2 For the above stated reasons, it is staff's opinion that the application confirms to the
intent and purpose of both Official Plans.
Conformity with the intent and purpose of the Zoning By-law
6.3 The subject property is zoned "Urban Residential Exception (R2-54) in Zoning By-law
84-63. The zone permits a single detached dwelling with an attached garage to have a
minimum side yard setback of 1.2 metres on one side and 0.6 metres on the other.
Subject to Section 3.2 of the Zoning By-law, an apartment -in-house is permitted within a
single detached dwelling in an R2 exception zone. The proposed side yard step
projection to facilitate entry to a basement apartment, is a permitted encroachment into
the side yard provided there is conformity with Section 3.1 g. iv) which permits step
projections into a required side yard up to 1.5 metres but cannot be reduced beyond 0.6
metres. The proposed step projection into the required 1.2 metre side yard setback
would reduce the existing 1.3 metre side yard setback to 0.26 metres for the length of
the staircase.
6.4 The intent of the 0.6 metre side yard setback minimum for step projections is to ensure
adequate drainage between dwellings and towards Arthur McLaughlin Street, and
ensure there is appropriate access and clearance to the rear of the dwelling in events of
emergency.
6.5 Within a plan of subdivision, it is not uncommon for dwellings to be built with a range of
interior side yard widths provided there is appropriate space for surface drainage.
Through numerous discussions and review with the Infrastructure Division of Public
Works, the Infrastructure Division is satisfied that the proposal will not pose a negative
impact to the neighbouring property to the north, nor will there be severe drainage or
flooding issues, provided that the applicant install a drain to prevent water from
Municipality of Clarington
Committee of Adjustment A2021-0018 Page 7
overflowing the step projection, and that the existing drainage pattern and side yard
swales of the lot are re -instated to match the current drainage design.
6.6 From an access perspective, the proposed exterior staircase is designed in a manner to
maintain access to the rear yard. To enter the rear yard, one would have to step down 4
risers, and back up 4 risers to reach the rear yard. There would be limited space to walk
around the staircase without walking on the neighbouring property therefore the through
staircase is necessary to maintain access. The dwelling to the north will continue to
have a 1.3 metre setback between the dwelling and the shared property limit (see
Figure 4).
6.7 For the above stated reasons, it is staff's opinion that the application conforms with the
intent and purpose of the Zoning By-law.
Figure 4 — Existing side yard condition between 27 and 31 Arthur McLaughlin Street
Desirable for the appropriate development or use of the land, building or structure
6.8 The appropriate use of the land is residential. The proposed step projection would
facilitate the construction of a through -access staircase and side entrance to the north
side of the existing dwelling, for a permitted, future basement apartment. The proposed
Municipality of Clarington
Committee of Adjustment A2021-0018 Page 8
location is desired by the applicant for ease of access and reasonable screening
compared to if the apartment entrance were located at the front of the dwelling.
6.9 Staff reviewed the option of constructing an exterior staircase in the rear yard. The floor
plan of this model has a mid -storey landing at the location of the proposed entrance
allowing for a desirable side entrance having only 4 risers as opposed to a full -depth
exterior staircase resulting in significantly more excavation and costs than what is
proposed.
6.10 With further review and assessment of the application from Staff, commenting
departments and agencies, there are no technical reasons why the minor variance
should not be supported.
6.11 For the above stated reasons, it is staff's opinion that the application is desirable for the
appropriate development or use of the land, building or structure.
Minor in Nature
6.12 The proposed below grade staircase and side entrance is intended to maintain through
access to the rear of the dwelling on the subject property and maintain existing drainage
patterns around the dwellings.
6.13 The relief requested is for the exterior staircase only and the existing setback to the
dwelling itself will remain unchanged.
6.14 Therefore, to allow the reduction to the minimum side yard setback to 0.26 as a result of
a step projection is considered to be 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 this application for a minor
variance to Section 3.1 g. iv) and Section 13.4.54 d. iii) of Zoning By-law 84-63 to
facilitate the construction of a side entrance to a proposed in-house apartment by
decreasing the minimum side yard setback from 0.6 metres to 0.26 metres as a result of
a step projection.
Municipality of Clarington
Committee of Adjustment A2021-0018 Page 9
Submitted by:
1�
Anne Tayl r Scott, Principal Planner
Development Review Branch
Staff Contact: Aibelle Babista
The following interested parties will be notified of Committee's decision:
Sivatheepan Sunthavalingam
Kuru Thevarajan