HomeMy WebLinkAboutA2021-0030 265 Beaver St N - CommentsClarftwn
Planning and Development Services
Committee of Adjustment
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Date of Meeting: August 12, 2021
File Number: A2021-0030
Address: 265 Beaver Street North, Newcastle
Report Subject: A minor variance application to facilitate the construction of an addition
(including an attached garage) to the existing dwelling by reducing the
required setback to the Environmental Protection Zone from 3 metres to
0.6 metres
Recommendations:
1. That the Report for Minor Variance Application A2021-0030 be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application A2021-0030, for a minor variance to Section 3.22 a. of Zoning By-
law 84-63 to facilitate the construction of an addition (including an attached garage)
to the existing dwelling by reducing the required setback to the Environmental
Protection Zone from 3 metres to 0.6 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; 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: Ron McLeister
Page 2
1.2 Proposal: A minor variance to Section 3.22 a. of Zoning By-law 84-63 to facilitate the
construction of an addition (including an attached garage) to the existing dwelling by
reducing the required setback to the Environmental Protection Zone from 3 metres to
0.6 metres
1.3 Area of Lot: 0.15 hectares
1.4 Location: 265 Beaver Street North, Newcastle
(see Figure 1)
1.5 Legal Description: Lot 28, Concession 2, Former Township of Clarke, 10R2124 Part1
1.6 Zoning: "Environmental Protection (EP) Zone" and "Urban Residential Type One (R1)
Zone" of Zoning By-law 84-63
1.7 Clarington Official Plan Designation: Environmental Protection and Urban Residential
1.8 Durham Region Official Plan Designation: Living Areas
1.9 Heritage Status: None
Municipality of Clarington
Committee of Adjustment A2021-0022
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Municipality of Clarington
Committee of Adjustment A2021-0022 Page 4
2. Background
2.1 In June 2021, the applicant submitted a Building Permit and a permit from the
Ganaraska Region Conservation Authority for the construction of a garage addition. In
reviewing the Building Permit, Planning Staff determined that the proposed construction
did not comply to the Zoning By-law due to an encroachment on the required
Environmental Protection (EP) zone setback. Zoning By-law 84-63 requires a setback of
3 metres from an EP zone.
2.2 On July 7t", 2021, the homeowner applied for a Minor Variance to build a garage
addition to the existing residential use.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 265 Beaver Street, Newcastle, located north of
Highway 2. The property is directly adjacent to a watercourse which runs through the
subdivision. The subject property is approximately 0.15 hectares, with an approximate
lot frontage of 40 metres.
3.2 Abutting the property on all sides are residential dwellings. The Environmental
Protection Zone is located to the south of the property. The "EP" zone is in place due to
a small stream which runs from the northeast to the southwest.
Municipality of Clarington
Committee of Adjustment A2021-0022 Page 5
Figure 2 — Subject property and proposed location of the addition. The watercourse is located
at the far right of the above image.
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 one enquiry regarding this application. A resident nearby the subject
property inquired to clarify the intent, size and location of the proposed addition. They
had no objections following Staff's clarification.
5. Departmental and Agency Comments
5.1 The Infrastructure Division of Public Works has no objection to this proposal, given that
the existing drainage patterns are re -instated after construction and the proposed works
maintain a minimum 1.2 metre set back from the south property line.
Municipality of Clarington
Committee of Adjustment A2021-0022 Page 6
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 Ganaraska Region Conservation Authority (GRCA) has reviewed the application
and has issued a permit (Permit No. 1929).
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 as Living Areas are predominantly intended for housing
purposes.
6.2 Within the Clarington Official Plan, the subject property is designated "Environmental
Protection" and a small portion of "Urban Residential". 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 are permitted, provided that the proposal demonstrates minimal
impact to the natural features. The intent of the Official Plan is to not prohibit existing
residential uses from continuing or expanding under appropriate circumstances.
6.3 For the above stated reasons, it is staff's opinion that the proposed addition 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 zoned "Environmental Protection (EP)" and "Urban Residential
Exception (R1-1)" in Zoning By-law 84-63. The single detached dwelling is located north
of and outside of the "EP" Zone, where residential uses are not permitted.
6.5 Additions to a dwelling are permitted provided they conform to the regulations
established in the applicable zone. The proposed addition conforms to all lot coverage
and set back requirements, except for the required setback buffer to the Environmental
Protection Zone.
6.6 The intent of restricting the building of structures within and adjacent to an "EP" zone is
to prevent the degradation of the natural environment and to avoid property damage or
potential personal injury resulting from proximity to a natural hazard. From an impact
perspective, staff and agencies recognize the pre-existing residential development on
all sides around the stream and the minimal hazards associated with the stream. With
consultation and approvals from the GRCA, Planning Staff are satisfied that the intent
and purpose of the Zoning By-law are maintained. At is greatest extent, the setback
between the addition and the "EP" Zone reaches 2.5 metres.
Municipality of Clarington
Committee of Adiustment A2021-0022
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Figure 3 — Site Plan of the proposed development at 265 Beaver Street
Page 7
Municipality of Clarington
Committee of Adjustment A2021-0022 Page 8
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Figure 4 — Front and side elevations of the proposed addition
Desirable for the appropriate development or use of the land, building or structure
6.7 Land uses to the north, south, east and west are residential. The addition is proposed to
be the same height as the existing dwelling. The proposed structure is not anticipated to
have significant impacts to views nor result in any significant impact to surrounding
lands.
6.8 The proposed building design complements the existing residential use. With a similar
use of building materials. The addition is in conformity with all other regulations of the
Zoning By-law and would be permitted if there was no Environmental Protection Zone
on the lands. It is assumed that the proposed addition will not detract from surrounding
land uses.
6.9 Neither staff nor agencies have identified any technical reason why the minor variance
application should not be approved.
6.10 For the above stated reasons, it is staff's opinion that the proposed addition is desirable
for the appropriate development and use of the land.
Municipality of Clarington
Committee of Adjustment A2021-0022
Minor in Nature
Page 9
6.11 The proposed encroachment into an Environmental Protection zone setback containing
an existing residential use is considered to have minimal impact to the lands. The land
for the proposed addition is currently paved and used as a parking area for the dwelling.
6.12 No objections were received from departments or agencies.
6.13 For the above stated reasons, it is staff's opinion that the proposed addition 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 approving the application for a minor
variance to Section 3.22 a. of Zoning By-law 84-63 to facilitate the construction of an
addition (including an attached garage) to the existing dwelling by reducing the required
setback to the Environmental Protection Zone from 3 metres to 0.6 metres.
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:
Ron McLeister
Tom Mulvihill