HomeMy WebLinkAboutA2021-0034 39 Kersey Crescent Comments 08-26Clarftwn
Planning and Development Services
Committee of Adjustment
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Date of Meeting: August 26, 2021
File Number: A2021-0034
Address: 39 Kersey Crescent, Courtice
Report Subject: A minor variance application to facilitate the construction of a deck by
increasing the maximum permitted lot coverage and increasing the rear
yard deck projection
Recommendations:
1. That the Report for Minor Variance Application A2021-0034 be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application A2021-0034 for a minor variance to Section 3.1 g. iv) and Section
13.2 e. of Zoning By-law 84-63 to facilitate the construction of a deck by increasing
the rear yard deck projection from 1.5 metres to 2.1 metres and increasing the
permitted lot coverage from 40% to 47%, 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 A2021-0034
1. Application Details
1.1 Owner/Applicant: Tarique Rahimi
Page 2
1.2 Proposal Minor variances to Sections 3.1 g. iv) and 13.2 e. of Zoning By-
law 84-63 to permit the construction of a deck by increasing the
rear yard deck projection from 1.5 metres to 2.1 metres and by
increasing the maximum permitted lot coverage from 40% to
47%.
1.3 Area of Lot
1.4 Location:
1.5 Legal Description
1.6 Zoning:
1.7 Clarington Official
Plan Designation:
1.8 Durham Region
Official Plan
Designation:
1.9 Heritage Status
408 square metres
39 Kersey Crescent, Courtice (see Figure 1)
Lot 36, Plan 40M-2353
"Urban Residential (R2-12) Zone" of Zoning By-law 84-63
Urban Residential
Living Areas
None
Municipality of Clarington
Committee of Adjustment A2021-0034
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Municipality of Clarington
Committee of Adjustment A2021-0034
2. Background
Page 4
2.1 On August 3, 2021 the applicant contacted the Planning Department to inquire about
the Minor Variance process. The applicant sought to address deficiencies with a
partially constructed deck. The inquiry was in response to a By-law complaint for the
deck which was being built without a permit.
2.2 It was determined through consultation with the Planning Department that the deck did
not comply with the Zoning By-law and to proceed with the deck in its current location
would require the approval of a minor variance application by the Committee of
Adjustment.
2.3 While Figure 2 below illustrates approximately 6 metres (20 feet) between the deck and
the rear property line, Staff prefer the sketch contained in Figure 3 which illustrates a
setback of no less than 5.4 metres. In consultation with the applicant, the extent of the
minor variance has been adjusted to 5.4 metres to allow for some leeway as the deck
drawings are finalized, as the applicant proceeds through the building permit process,
and as construction is completed. Photographs of the partially constructed deck are
included as Figure 4.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 39 Kersey Crescent, Courtice, which is west of
Prestonvale Road and south of Bloor Street (see Figure 1). The lot is approximately 408
square metres with an approximate frontage of 12 metres and an approximate depth of
34 metres.
3.2 The surrounding uses to the north, east, south and west are residential. To the south of
the property is a subdivision currently under construction.
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 inquiry regarding the distributed public notice. The inquiry was from
the By-law complainant who clarified that the initial complaint to Municipal By-law
Enforcement was regarding safety and deficiencies in the construction process. No
opposition was expressed towards the application.
5. Departmental Comments
5.1 The Infrastructure Division of Public Works has no concerns with this application.
Municipality of Clarington
Committee of Adjustment A2021-0034 Page 5
5.2 The Central Lake Conservation Authority has no concerns with this application.
5.3 The Building Division of Planning and Development Services has no concerns with this
application.
5.4 Clarington Emergency and Fire Services Department has no fire safety concerns with
this application.
6. Discussion
Conformity with the intent and purpose of the Regional and Clarington Official Plans
6.1 Both the Regional and Clarington Official Plans permit the residential use of the
property. The deck is accessory to the residential use.
6.2 It is staff's opinion that the application conforms to the intent and purpose of both the
Official Plans.
Conformity with the intent and purpose of the Zoning by-law
6.3 The subject property is zoned "R2-12", which requires a minimum rear yard setback of
7.5 metres and allows decks and other structures to project into this setback up to 1.5
metres leaving a setback of 6 metres. The intent and purpose of allowing but limiting
decks and other structures to project into required yard setbacks is to ensure sufficient
rear yard amenity space and to provide adequate separation between the dwelling and
the rear yard amenity space of an abutting property.
6.4 The intent and purpose of limiting lot coverage is to ensure adequate space is
maintained as landscaped area. Regulations seek to prevent hard surfacing of the rear
yard; ensure adequate landscape area to allow for infiltration and grading to
accommodate for drainage. Public Works staff have not identified any technical
concerns with the grading or stormwater management as a result of the proposed minor
variances.
6.5 Adequate landscaped area and infiltration capacity will remain post -construction. No
concerns have been raised by neighbours regarding impacts.
6.6 It is in staff's opinion that the proposed increased projection maintains sufficient outdoor
amenity space, a sufficient rear yard setback, and has minimal impacts on stormwater
management. For the above reasons, it is in staff's opinion that the proposal maintains
the intent and purpose of the Zoning By-law.
Municipality of Clarington
Committee of Adiustment A2021-0034
Page 6
Desirable for the appropriate development or use of the land, building or structure
6.7 The appropriate development for the subject property is residential. The deck is
accessory to the residential use. The proposed deck would improve the usability of the
property for the current owner.
6.8 The proposed deck leaves a 5.4 metre setback from the rear property line. There will be
approximately 64 square metres of living area in the back yard, in addition to the space
under the deck. The proposed increase in lot coverage does not result in a significant
loss of at -grade outdoor amenity space to the owner.
6.9 Soft landscaping will remain under the proposed deck, maintaining a degree of water
infiltration capacity under the structure.
6.10 For the above stated reasons, it is in staff's opinion that the minor variance requested is
desirable for the residential use of land and building.
Figure 2: Drawing of approximate deck setbacks
Municipality of Clarington
Committee of Adjustment A2021-0034 Page 7
V5l1LT 5 DECLARATION: SEf�NAS ASSOCIATES
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LOT AREA: 408.00 m'
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Figure 3: Site Plan for 39 Kersey, with rear yard setback for the proposed deck
Municipality of Clarington
Committee of Adjustment A2021-0034 Page 8
Figure 4: Photos of the rear yard and partially constructed deck
Municipality of Clarington
Committee of Adiustment A2021-0034
Minor in Nature
Page 9
6.11 The deck provides space for entertaining/outdoor dining, while maintaining the grassed
area as a suitable amenity space for current and future owners.
6.12 The Clarington Infrastructure Division of Public Works has no concerns regarding
stormwater management with the proposal.
6.13 No objections have been received from neighbours, Clarington staff or relevant
agencies. There are no technical reasons to reject the proposal.
6.14 A second storey deck at this height is permitted and the additional 0.6 metre of depth to
the deck structure does not significantly increase privacy impacts to neighbouring
properties.
6.15 For the above stated reasons, it is staff's opinion that the proposed increase to the
permitted deck projection 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 this application for a minor
variance to Sections 3.1 g. iv) and 13.2 e. of Zoning By-law 84-63 to facilitate the
construction of a deck by increasing the permitted deck projection from 1.5 metres to
2.1 metres and increasing the maximum permitted lot coverage from 40% to 47% .
Submitted by:
Anne Tayl r Scott, Principal Planner
Development Review Branch
Staff Contact: Sean Jeffrey
Interested Parties:
Tarique Rahimi