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Home My WebLink AboutA2022-0017 3 Sheco Court Comments 06-16Clarftwn 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: June 16, 2022 File Number: A2022-0017 Address: 3 Sheco Court, Courtice Report Subject: To facilitate the construction of a deck by increasing the rear yard deck projection from 1.50 metres to 3.66 metres, leaving a 3.84 metres rear yard setback and by increasing the maximum permitted lot coverage from 40% to 44.20% Recommendations: 1. That the Report for Minor Variance Application A2022-0017 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2022-0017 for minor variances to Section 3.1 g. iv), Section 13.2 c. 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 1.50 metres to 3.66 metres, leaving a 3.84 metre rear yard setback and by increasing the maximum permitted lot coverage from 40% to 44.20%, 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 A2022-0017 1. Application Details 1.1 Owner(s)/Applicant: Elizabeth Dahl/Allen Dahl Page 2 1.2 Proposal Minor variances to Section 3.1 g. iv), Section 13.2 c. 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 1.50 metres to 3.66 metres, leaving a 3.84 metre rear yard setback and by increasing the maximum permitted lot coverage from 40% to 44.20%. 1.3 Area of Lot: 449.23 square metres 1.4 Location: 3 Sheco Court, Courtice (see Figure 1) 1.5 Legal Description: Part Lot 35, Concession 3, Former Township of Clarke; 40M- 1742 1.6 Zoning: "Urban Residential Type Two (R2) Zone" of Zoning By-law 84- 63 1.7 Clarington Official Urban Residential Plan Designation: 1.8 Durham Region Living Areas Official Plan Designation: 1.9 Heritage Status: None Municipality of Clarington Committee of Adjustment A2022-0017 Figure 1 — Location Map Paae 3 Municipality of Clarington Committee of Adjustment A2022-0017 2. Background Page 4 2.1 There appears to be an existing deck in the rear yard that is non -compliant with Zoning By-law 84-63. On May 18, 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 would be required. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 3 Sheco Court, Courtice, which is east of Townline Road North and south of Wabbokish Court (see Figure 1). The lot is approximately 449.23 square metres with an approximate frontage of 13.34 metres and an approximate depth of 30.92 metres. 3.2 The surrounding uses to the immediate north, south, east, and west are residential. To the east is also a storm pond. 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. 4.3 Notices were mailed out to residents in vicinity of the subject lands; however, Staff identified an error with the sign (incorrect meeting date) which was replaced with the correct meeting date. No members of the public have contacted the Planning Department regarding the sign on the property. 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 Ontario Conservation Authority has no concerns with this application. 5.3 The Building Division of Planning and Development Services has no concerns with this application. A building permit is required and there is currently building permit application submitted. Municipality of Clarington Committee of Adjustment A2022-0017 Page 5 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", 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, ensuring 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. 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 proposed deck does not have any negative impacts on the neighbourhood would improve the usability of the property for the current owner. 6.8 The proposed deck leaves a 3.84 metre setback from the rear property line (see Figure 2). The height of the proposed deck is 3.05 metres above grade and would replace the Municipality of Clarington Committee of Adjustment A2022-0017 Page 6 existing deck (See Figure 3 & 4). The proposed deck will be accessed from the second floor and would not reduce outdoor amenity space. 6.9 The proposed deck is replacing an existing second story deck and no concerns regarding privacy have been raised (no objections to the proposal have been received from members of the public). The proposed deck is keeping with character of the neighbourhood (i.e.., the residential property at the rear of subject land has a second story deck). The irregular shape of the lot allows for the proposed deck to conform to the side yard setback provided in Section 13.2 c. iii). a) of the Zoning By-law. 6.10 The proposal is also in conformity with the intent of both the Regional and Municipal Official plans. 6.11 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. P•)e.� �.J(.c� �20PnS�� - l�JEVC FAT IQ r i z s<Ys smQ e 3t"" (J.rF q,j4C,- 0)rcT 9F-rtA-T iS k Ib' S, LE LfGF R I5 LPf3 1 e4rFU larc T,E I it Figure 2: Drawing of deck dimensions. The proposed rear yard setback is 3.84 metres. Municipality of Clarington Committee of Adjustment A2022-0017 Page 7 l.11h�(—y�i �%EC�. �xiSzlrVG —— p !6 CV2i6.:1T 1X(i6 3m �! �� ,cq CvQec:a-{ Lrie:E RMSr asT! 7= F% i 7fr Figure 3: Drawing of existing deck dimensions. Zwl" Figure 4: Aerial photos of subject property. --V Municipality of Clarington Committee of Adiustment A2022-0017 Minor in Nature Page 8 6.12 The deck provides space for entertaining/outdoor dining, while maintaining the grassed area as a suitable amenity space for current and future owners. 6.13 Clarington Public Works has no concerns regarding stormwater management with the proposal. 6.14 No objections have been received from the Public or circulated agencies. There are no technical reasons to reject the proposal. 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 approval of the subject application for a Minor Variance to Sections 3.1 g. iv), 13.2 c. 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 1.50 metres to 3.66 metres, leaving a 3.84 metre rear yard setback and by increasing the maximum permitted lot coverage from 40% to 44.20%. Submitted by: Ron Warne, Manager Development Review Branch Staff Contact: Jacob Circo Interested Parties: Elizabeth and Allen Dahl