HomeMy WebLinkAboutA2021-0036 47 Forrester Drive Comments 09-28
Planning and Development Services
Committee of Adjustment
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Date of Meeting: September 28, 2021
File Number: A2021-0036
Address: 47 Forrester Drive, Bowmanville
Report Subject: A minor variance application to permit the existing accessory structure
(shed) by decreasing the minimum interior side yard setback from 0.6
metres to 0.2 metres and by decreasing the minimum rear yard setback
from 0.6 metres to 0.2 metres.
Recommendations:
1. That the Report for Minor Variance Application A2021-0036 be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application A2021-0036 for a minor variance to Section 3.1 c. of Zoning By-law
84-63 to permit the existing accessory structure (shed) by decreasing the minimum
interior side yard setback from 0.6 metres to 0.2 metres and by decreasing the
minimum rear yard setback from 0.6 metres to 0.2 metres, be tabled for a period of
up to sixty (60) days to allow the applicant to further discuss zoning, grading and
drainage issues with Staff; and
4. That all interested parties listed in this report be forwarded a copy of Committee’s
decision.
Municipality of Clarington
Committee of Adjustment A2021-0036 Page 2
1. Application Details
1.1 Owner/Applicant: Kristin Cranney
1.2 Proposal: A minor variance to Section 3.1 c. of Zoning By-law 84-63 to
permit the existing accessory structure (shed) by decreasing
the minimum interior side yard setback from 0.6 metres to
0.2 metres and by decreasing the minimum rear yard
setback from 0.6 metres to 0.2 metres
1.3 Area of Lot: 270 square metres
1.4 Location: 47 Forrester Drive, Bowmanville (Figure 1)
1.5 Legal Description: Parts 1 & 2, Plan 40R-28017, Part Lot 10, Concession 2,
Former Township of Darlington
1.6 Zoning: Urban Residential Exception (R3-20) of Zoning By-law 84-63
1.7 Clarington Official
Plan Designation: Urban Residential
1.8 Durham Region
Official Plan
Designation: Living Areas
1.9 Heritage Status: None
Municipality of Clarington
Committee of Adjustment A2021-0036 Page 3
Figure 1 – Location Map
Municipality of Clarington
Committee of Adjustment A2021-0036 Page 4
2. Background
2.1 This application before the Committee of Adjustment is linked to a complaint received.
In July 2021, Staff received a phone call from the applicant who was advised from
Municipal Law Enforcement to discuss a potential minor variance application regarding
an existing shed located in their rear yard.
2.2 The applicant advised Staff they were unable to relocate the shed due to the placement
of a shed platform that was constructed over the swale along the rear fence line, as well
as aesthetic preferences of locating the shed in the corner of the rear yard.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is an end-unit townhouse located at 47 Forrester Drive in the
Fenwick neighbourhood of Bowmanville. The property is east of Liberty Street North,
south of Longworth Avenue and north of the Canadian Pacific Rail Line. Within the rear
yard of the property exists a deck, a gazebo and interlocked pad, and the existing shed
(Figures 2 and 3). The shed is placed on a wooden platform above the swale (Figures 4
and 5).
3.2 The surrounding uses are residential. To the north, south and east are the same form of
townhouses. Single detached dwellings are located to the west.
Figures 2 & 3 – Photos of the existing deck, gazebo and shed in the rear yard.
Municipality of Clarington
Committee of Adjustment A2021-0036 Page 5
Figures 4 & 5 – Wooden deck platform above the swale
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 (1) public submission, stating objection to the proposed minor
variance. The comments stated the shed was relocated to be 0.2 metres from the
abutting fence that was reconstructed in May 2021. The comments also expressed
concern for non-compliance with the Zoning By-law setbacks which would ultimately
lead to damaging the fence and abutting properties due to the increase in water flow
and snow in the winter.
5. Departmental and Agency Comments
5.1 The Infrastructure Division of Public Works has reviewed the application and requests
that the applicant move the existing shed to accommodate a rear and side yard setback
of 0.6 metres due to the proximity of the existing rear yard swale required for the
drainage of the applicant’s lot as well as the adjacent lots.
5.2 The Building Division of Planning and Development Services has reviewed the
application and offered no comments.
5.3 Clarington Emergency and Fire Services Department has reviewed the application and
offered no comments.
Municipality of Clarington
Committee of Adjustment A2021-0036 Page 6
5.4 The Special Projects Branch of the Planning and Development Services Department
has reviewed the application and does not have comments or concerns.
5.5 The Central Lake Ontario Conservation Authority (CLOCA) offered no comments as the
subject property is not within the CLOCA regulated area.
6. Conclusion
6.1 Given the above comments, Staff recommends this application for minor variance to
Section 3.1 c. of Zoning By-law 84-63 to decrease the rear and interior side yard
setbacks from 0.6 metres to 0.2 metres, be tabled for a period of up to sixty (60) days to
allow the applicant to further discuss zoning, grading and drainage issues with Staff.
Submitted by:
Anne Taylor Scott, Principal Planner
Development Review Branch
Staff Contact: Aibelle Babista, Planner I, 905-623-3379 extension 2425 or
ababista@clarington.net .
Interested Parties:
The following interested parties will be notified of Committee's decision:
Kristin Cranney