HomeMy WebLinkAboutA2022-0010 78 Trudeau Drive Comments 04-28Clarftwn
Planning and Development Services
Committee of Adjustment
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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
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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