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HomeMy WebLinkAboutA2022-0010 78 Trudeau Drive Comments 04-28Clarftwn Planning and Development Services Committee of Adjustment If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: April 28, 2022 File Number: A2022-0010 Address: 78 Trudeau Drive, Bowmanville Report Subject: To facilitate the construction of a deck by increasing the rear yard deck projection from 1.5 metres to 3.7 metres, leaving a 4.9 metre rear yard setback and by increasing the maximum permitted lot coverage from 40% to 42%. Recommendations: 1. That the Report for Minor Variance Application A2022-0010 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2022-0010 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 3.7 metres, leaving a 4.9 metre rear yard setback and increasing the permitted lot coverage from 40% to 42%, 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 A2022-0010 1. Application Details 1.1 Owner(s)/Applicant: Daniel & Dale Woelfer/John Louws Page 2 1.2 Proposal Minor variances to Sections 3.1 g. iv) and 12.2 f. i) 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 3.7 metres, leaving a 4.9 metre rear yard setback and by increasing the maximum permitted lot coverage from 40% to 42%. 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 279.6 square metres 78 Trudeau Drive, Bowmanville (see Figure 1) Part Lot 10, Concession 1, Former Township of Darlington "Urban Residential (R1) Zone" of Zoning By-law 84-63 Urban Residential Living Areas None Municipality of Clarington Committee of Adjustment A2022-0010 20 rr r 133 z1 10 CL HERRIMAN STREET 8 131 19 Q 130 WM 125 W ^A LOT: 11 r CON:':'-2 J 125 LOT: CON: 124 2 p N 7 SO a0 N N q CD OD 115 kom 109 107 2 105 O103 LU 101 LU 95 93 } 91 LU89 m 87 J 83 'D 81 79 73 65 63 61 Paae 3 6 4 LOT:9 rCON:2 o M 7 CONCESSION ST EAST w r` 1�11 N N N -n In 5 ❑ M n rn M n s n n rn 7 Cann ° Z n co n n ao m m UJ 9 TRUDEAU DRIVE 11 129 15 127 125 123 121 10 n � M INn rn co n V N N NIn N � Z N N n cn to C] M a N IT 17 19 21 23 1° 25 � � 20 11s MARCHWOOD CRES ORR CT 19 117 ; . , n m NIN, �rnnEn 32 33 36 35 115 -+ - 37 CON:1 40 39 J P. 9 113 r P P �' � rnrn 0c co cc � oo � n � l� m m 42 CON: 1 1� TRUDEAU DRIVE 1 O�' .^I a: M p n m � � n � �� Stormwater `` �o rnrnwrn rn�mm m nr cnmm 'C' `c-' Management Pond �; v v O N En In V m In I2 cDcv r CP O cn n 7 O n n n N � 16 20 22 24 ED VN OW C9� NO W cp NOeP SA Ch N N � NO c0 N N N r- [D VN NCO r � fD 26 Ln 137 In I!J V e} � V V fh Ch C`7 Property Location Map (Bowmanville) w N - Area Subject To Minor Variance s 78 Trudeau Drive A2022-00 7 0 20 19 nfield Emd,.IM1a�, HayAo�--- r z ®®® � Ee:baed sellna Kbby NenAal �4 r Hampton Omno + M1eI�Co III Coutb[e Maple' eow Dille • I IL ake O�IL Figure 1 — Location Map Municipality of Clarington Committee of Adjustment A2022-0010 2. Background Page 4 2.1 On March 3, 2022, the applicant contacted the Planning Department to inquire about the Minor Variance process, and how large a deck would be permitted in the rear yard. 2.2 It was determined through consultation with Staff that the proposed deck did not comply with the Zoning By-law and that a minor variance application by the Committee of Adjustment would be required. 2.3 There are currently two small sheds in the rear yard used for storage that have not been included in the lot coverage calculation. The applicant has notified Staff that these will be removed prior to construction. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 78 Trudeau Drive, Bowmanville, which is east of Liberty Street North and south of Concession Street East (see Figure 1). The lot is approximately 279.6 square metres with an approximate frontage of 9.4 metres and an approximate depth of 29.7 metres. 3.2 The surrounding uses to the immediate north, east, south and west are residential. Bowmanville High School is approximately 50 metres to the south of the property. 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 inquiries regarding the distributed public notice. 5. Departmental Comments 5.1 The Infrastructure Division of Public Works has no concerns with this application, provided the grading/drainage pattern within the lot is not altered. 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. Municipality of Clarington Committee of Adjustment A2022-0010 6. Discussion Page 5 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 "R1", 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 Adjustment A2022-0010 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 4.9 metre setback from the rear property line (see Figure 2). There will be approximately 15.6 square metres of living area in the back yard. 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. of C4'I - Figure 2: Drawing of deck dimensions. The proposed rear yard setback is 4.9 metres. Municipality of Clarington Committee of Adjustment A2022-0010 Page 7 Figure 3: The rear yard for 78 Trudeau Drive, with approximate location, dimensions and rear yard setback for the proposed deck Minor in Nature 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 The proposed deck will comply to all other regulations in the Zoning By-law (i.e., setbacks, lot coverage). Municipality of Clarington Committee of Adjustment A2022-0010 Page 8 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 12.2 f. i) of Zoning By-law 84-63 to facilitate the construction of a deck by increasing the permitted deck projection from 1.5 metres to 3.7 metres, leaving a 4.9 metre rear yard setback and by increasing the maximum permitted lot coverage from 40% to 42%. Submitted by: Ron Warne, Manager Development Review Branch Staff Contact: Andrew Payne Interested Parties: Daniel & Dale Woelfer