HomeMy WebLinkAboutA2022-0007 Comments 5060 Bowmanville AveClarftwn
Planning and Development Services
Committee of Adjustment
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Date of Meeting: January 27, 2022
File Number: A2022-0007
Address: 5060 Bowmanville Avenue, Clarington
Report Subject: A minor variance application to permit an addition (having an area of up to
130 square metres) to the existing residential dwelling within the
Environmental Protection (EP) Zone
Recommendations:
1. That the Report for Minor Variance Application A2022-0007 be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application A2022-0007, for a minor variance to Section 3.6 b. of Zoning By-law
84-63 to facilitate the construction of an addition (including an attached garage) to
the existing dwelling by permitting the expansion of the existing legal non-residential
building be tabled for up to 60 days to allow the applicant to revise their application
with an additional variance request.
4. That all interested parties listed in this report be forwarded a copy of Committee's
decision.
Municipality of Clarington
Committee of Adjustment A2022-0007
1. Application Details
1.1 Owner/Applicant: Michael Verrelli
Page 2
1.2 Proposal: A minor variance to Section 3.6 b. of Zoning By-law 84-63 to facilitate the
construction of an addition, having an area up to 130 square metres (including an
attached garage) to the existing dwelling by permitting the expansion of the existing
legal non-residential building
1.3 Area of Lot: 0.53 hectares
1.4 Location: 5060 Bowmanville Avenue, Clarington
(see Figure 1)
1.5 Legal Description: Part Lot 15, Concession 5, Former Township of Darlington,
1.6 Zoning: "Environmental Protection (EP) Zone" of Zoning By-law 84-63
1.7 Clarington Official Plan Designation: Environmental Protection
1.8 Durham Region Official Plan Designation: Major Open Space Area
1.9 Heritage Status: None
Municipality of Clarington
Committee of Adiustment A2022-0007
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Property Location Map
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- Area Subject To Minor Variance 5'
5060 Bowmanville Avenue
A2022-0007
Figure 1 — Location Map
Municipality of Clarington
Committee of Adjustment A2022-0007 Page 4
2. Background
2.1 In December 2021, the applicant contacted the Planning Department and the Central
Lake Ontario Conservation Authority to discuss the feasibility and potential of
constructing an addition to the existing dwelling. It was determined through consultation
that the Planning Department and Conservation could be in support of an addition to the
dwelling at the proposed size but would not be in support of variances for accessory
structures in the rear yard of the dwelling.
2.2 In December 2021, the applicant applied for a minor variance to build an addition to the
existing residential use.
2.3 On January 23, 2022, the applicant submitted additional drawings to support the Minor
Variance application. Upon reviewing the drawings, Planning Staff noted that the
applicant also intended to expand upon the existing deck, which would require a Minor
Variance application. Due to this deck not being referenced on the public circulation
documents, it was determined that the application would be required to be tabled and
recirculated for the next Committee of Adjustment hearing to address the additional
request to expand upon the existing legally non -conforming deck.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 5060 Bowmanville Avenue, Clarington located north
of Taunton Road. On the western portion of the property is an Ecological Land
Classification Wetland 0.5 ha to 2 ha. The subject property is approximately 0.53
hectares, with an approximate lot frontage of 45 metres.
3.2 The existing house pre -dates both Zoning By-law 84-63 and the original Township of
Darlington By-law 2111. As a result, the existing house is considered to be a legally
non -conforming use that is permitted under Section 3.6.b. of the General Provisions of
Zoning By-law 84-63.
3.3 Abutting the property on the north and south sides are rural residential dwellings. To the
east and west are agricultural uses. The entire property is zoned Environmental
Protection.
Municipality of Clarington
Committee of Adjustment A2022-0007
Page 5
Figure 2 — Subject property and proposed location of the addition.
Municipality of Clarington
Committee of Adjustment A2022-0007 Page 6
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 regarding this application.
5. Departmental and Agency Comments
5.1 The Infrastructure Division of Public Works has no objection to this proposal.
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 Central Lake Ontario Conservation Authority has reviewed the application and has
the following comments:
5.4.1. CLOCA staff recommend that any approval of this minor variance application be
conditional on:
1. That the Owner apply and obtain a permit from CLOCA through Ontario
Regulation 42/06 of the Conservation Authorities Act;
2. That the development be protected, to the extent feasible, from the flood hazard
in accordance with established floodproofing and protection techniques;
3. That the potential for surficial erosion be addressed through the submission of
proper drainage, erosion and sediment control and site stabilization/restoration
plans;
4. That natural features and/or ecological functions be protected, and pollution be
prevented;
5. That the proposed addition does not exceed provincial guidelines of 50% of the
total floor area given the existing riverine flood hazard and shall not result in an
increase in the number of dwelling units;
6. That the Owner shall satisfy all financial requirements of the Central Lake
Ontario Conservation Authority. This shall include application processing fees
and permit issuance fees owing as per the approved Authority Fee Schedule.
Municipality of Clarington
Committee of Adjustment A2022-0007
6. Discussion
Page 7
Conformity with the intent and purpose of the Regional and Clarington Official Plans
6.1 The subject property is designated "Major Open Space" within the Durham Region
Official Plan. Within the Clarington Official Plan, the subject property is designated
"Environmental Protection Area". The existing residential use conforms with the
provisions of both Official Plans.
6.2 Within the Clarington Official Plan, the subject property is designated "Environmental
Protection" Lands designated Environmental Protection are to be preserved and
protected. 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.
Municipality of Clarington
Committee of Adjustment A2022-0007 Page 8
Development Review and Planning Regulations
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Legend
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PROJECTION: NORM AN ERICAN DATU M
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DATE PRINTED: January l D. 2022
Figure 3 — Environmental Mapping at 5060 Bowmanville Avenue
Conformity with the intent and purpose of the Zoning By-law
6.4 The subject property is zoned "Environmental Protection (EP)" in Zoning By-law 84-63.
6.5 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 that the proposed additional is located on
lands outside of the Wetland and associated buffer. From a human risk perspective, the
development will be creating an additional garage space at ground level. This is
considered to create minimal human risks as the ground level space will not be
habitable
6.6 The Zoning By-law does permit the expansion of a legal non -conforming use, subject to
the approval of the Committee of Adjustment. The proposal maintains the existing
setback to the rear of the property and does not bring the dwelling any closer to the
environmental features.
Municipality of Clarington
Committee of Adjustment A2022-0007 Page 9
6.7 For the above stated reasons, it is staff's opinion that the proposed addition conforms to
the intent and purpose of Zoning By-law 84-63.
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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
6.8 Land uses to the north and south are rural 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.
6.9 The proposed building design complements the existing residential use. With a similar
use of building materials. It is assumed that the proposed addition will not detract from
surrounding land uses.
6.10 Neither staff nor agencies have identified any technical reason why the minor variance
application should not be approved.
6.11 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 A2022-0007
10
Minor in Nature
Page
6.12 As per consultation with CLOCA, the proposed addition in 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.
6.13 No objections were received from departments or agencies.
6.14 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 The application submitted by applicant does not capture the full extent of variances
required for proposed development on the subject parcel.
7.2 Given the above comments, Staff recommends tabling this application for up to 60
days to allow the applicant to revise their application with an additional variance
request.
Submitted by: __q*
Ron Warne, Manager
Development Review Branch
Staff Contact: Sean Jeffrey, Planner, ex 2420, sjeffrey@clarington.net
Interested Parties:
The following interested parties will be notified of Committee's decision:
Michael Verrelli