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HomeMy WebLinkAboutA2022-0018 1530 Nash Road CommentsClarftwn 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: A2022-0018 Address: 1530 Nash Road, Courtice Report Subject: To facilitate the construction of a detached garage by increasing the permitted maximum height from 4.0 metres to 4.7 metres. Recommendations: 1. That the Report for Minor Variance A2022- 0018 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2021-0001 for a minor variance to Section 3.1.c. of Zoning By-law 84-63 to facilitate the construction of detached garage by increasing the permitted maximum height from 4.0 metres to 4.7 metres 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 Adiustment A2022-0018 Paae 2 1. Application Details 1.1 Owner/Applicant: Kelly & Lisa Calderone 1.2 Proposal: Minor variance to Section 3.1.c. of Zoning By-law 84-63 to facilitate the construction of detached garage by increasing the permitted maximum height from 4.0 metres to 4.7 metres. 1.3 Area of Lot: 1382.40 square metres 1.4 Location: 1530 Nash Road, Courtice (see Figure 1). 1.5 Legal Description: Part Lot 33, Concession 2, Former Township of Darlington 1.6 Zoning: "Urban Residential Type One (R1) Zone" 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 Adiustment A2022-0018 Paae 3 3100 ❑ 5A o r 2 4 v A9 3092 3089 47 6 35 50 3084 W 45 chi 3077 43 M 3476 Q MILE N S7 8 27 3068 � 3065 ri 3060 LOT, 33 V M CON 3 3053 LOT-, 32 2 21 3052 CONA 6 _ 5 3042 NA1 8 �"`� 7 g 303010 0 9 ct 3029 1 1530 Nash Road 12 11 3020 14 13 3017 3012 7 o N tr m N 1534 LD NASH ROAD NASH ROAD 42 45 r~z M 20 1g 40 43 74 72 7 18 i7 38 41 5 76 -- L U 36 39 '" LOT: 32 16 ti5 34 37 9 CON :z yr73 7 14 -10 35 11 80 W 12 m 32 33 U VALLEY GO E U 81 NI) y LOT:33 lb LPD �11O 37 COM 2 J q 17 84 U 83 w - � CL ti Z W 21 86 co 2s J 23 $7 m tir�y 0 2p 90 89 N � 25 92 1 � �9 28 }� 29 42 V1Jl�� 31 Property Location Map e (Courtice) MP � -Area Subject To Minor Variance 1530 Nash Road CM A2022-0018 Figure 1 — Property Location Map Municipality of Clarington Committee of Adjustment A2022-0018 2. Background Page 4 2.1 On June 15, 1990, a minor variance (A90/046) was approved to facilitate the construction of a dwelling on a lot with an exterior side yard setback of 4 metres from the permitted 6 metre exterior side yard setback as stipulated in Section 12.2 d. ii) (see Attachment 1). 2.2 On May 17, 2022, the applicant contacted the Planning Department to inquire about the Minor Variance process, and the height for accessory structures in urban residential zones. It was determined through consultation with Staff that the proposed detached garage did not comply with Zoning By-law 84-63 and that a Minor Variance would be required. 2.3 There is no building permit application on file for the proposed garage. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 1530 Nash Road, Courtice, east of Tooley Road (see Figure 1). The lot is approximately 1382.40 square metres with an approximate frontage of 25.90 metres and an approximate depth of 57.10 metres. 3.2 The surrounding uses to the immediate north, south, east, and west are residential. Further east is Farewell Creek. 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 that access to the proposed garage must be provided from the existing driveway. When the applicant applies for a Building Permit with the Municipality, Public Works will require a grading and servicing plan. The plan must be prepared by a qualified Professional Engineer or an OLS. The grading portion of the plan must Municipality of Clarington Committee of Adjustment A2022-0018 Page 5 demonstrate that there is no impact on any adjacent properties as a result of this proposal. Retaining walls are to be avoided. 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 for the proposed structure, and there is currently no building permit submitted with the Municipality. 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 "R1" which permits residential uses and accessory structures. Section 3.1 c) of Zoning By-law 84-63 provides the regulations for accessory structures in urban residential zones. For the subject property, the maximum permitted height is 4 metres. The proposal is for a height of 4.7 metres. 6.4 The intent of the proposed garage is to be used for storage (i.e., lawn tractors, yard materials) rather than automobile storage. Existing parking space includes a driveway that is approximately 9.43 metres by 17.07 metres and an existing two -car attached garage (see Figure 2 and 6). There is no proposal to expand parking space on the subject property. 6.5 There are considerable trees and fencing along the exterior side yard that provided screening (see Figure 6). The garage will conform to the required property line setbacks as permitted for accessory structures in urban residential zones. 6.6 For the above reasons, it is in Staff's opinion that the proposal maintains the intent and purpose of the Zoning By-law 84-63. Desirable for the appropriate development or use of the land, building or structure 6.7 For the above stated reasons, it is staff's opinion that the minor variance requested is desirable for the residential use of land and building. Municipality of Clarington Committee of Adiustment A2022-0018 •I-89.a5' �15 9my I EXISTING I SNEO 7530 NASH � OAD 3017 TOOLEY ROAD I I EXISTING PO I E I I I I I I I I I I I I I [7.9 I 149.0Y 1. ml !�E / EX151ING DETACHED 78TORY / 4 PROPOSED E, I 1532 NASH ROAD _ DWELLING INO GFNNGE7 DETACHED = 1528 NASH ROAD 13 ACCESSORY UILOIW 6LGG HE[GHT DRIVEWAY I II I SIDEWALK SITE PLAN Rr euP_44E35�!'+G coveRAce LOI PREA • 4B11d�N}ft'I PROPOSED ACCESSORY RUI1llWGAREA • 44SGW m'(A14BOft'I PROPOREO ADDITIONAL COVERAGE• 3.BB'16 RI 20HING I9A%&LG➢YABLE COVERAGENASH ROAD EitR;T.DLIILOING COVERAGEA-0- 2Ee% TOT& COVERAGE WV PROPOSED SHW• 4-15.]296 1530 NASH ROAD eL+lue SITE PLAN COURTICE, y�3132"1' ONTARIO AlGTON TOIA7VSHIP f A -= -0" K �--� FACCESSORY BUILDING Ms FEB. 2D22 Figure 2: Site Plan showing proposed garage dimensions. Page 6 Municipality of Clarington Committee of Adjustment A2022-0018 Page 7 Q ❑❑ ❑❑ ❑❑ ❑❑ pp.., o ❑❑ ❑❑ ❑ I I I f 11 y --JJI 11I EXISTING FRONT ELEVATION o f a � & a-o L�ISTINQ RQQF Figure 3: Drawing showing the front elevation dimensions of the existing dwelling. oi4 f, 00 0❑ ❑❑ ❑❑ ❑❑ ❑❑ � � � swuf 000v I -------- ----------------------- PROPOSED GARAGE PARTIAL EXISTING FRONT ELEVATION FRONT ELEVATION o ` c w § i --ALL -- ------- g0.00x �W m zo---------- . " o w PROPOSES ROOF PLAN �VV 6 Figure 4: Drawing showing the front elevation dimensions of the proposed detached garage. Municipality of Clarington Committee of Adjustment A2022-0018 Page 8 rl- Q r"r pNG�TYOt.® cwesrn rc vRFFIHwuM.cVn Fl9cw EOFR06vFA11ED 60FFR. rPROPOSIED ARAGEaF N- PoUMnTdwusxslYxE1WY FT ZO Y 0 nn ss BETYEE aTJ-sfEvoFl� s [I AIR M IMF a Y Xm u Q�r m �OZ gZ VO m 4j¢ _U Figure 5: Drawing showing the elevation dimensions of the proposed detached garage to the roof line of the dwelling. Municipality of Clarington Committee of Adjustment A2022-0018 Page 10 Figure 6: First photo is a street view image of the subject property. Second photo is street view image showing a public notice sign for the Committee of Adjustment meeting. Third photo is an aerial image of the site 6.8 The appropriate use of land is residential, and the proposed garage is accessory to the residential use. One of the reasons the applicant requires additional height is, so the architectural style of the garage aligns with that of the dwelling (see Figures 4 and 5). The requested variance will allow for building design in -keeping with the surrounding neighbourhood. 6.9 The detached garage is needed for providing additional storage. Presently, there is one existing accessory structure on the subject property (2.44 metres by 3.58 metres shed), (see Figure 2). The total floor area of the existing shed and proposed detached garage (53.51 square metres) would also comply with the permitted maximum total accessory floor area of 60 metres on the lot. Minor in Nature 6.10 The proposed new building conforms to both Official Plans and maintains the intent of the regulations for accessory buildings in Zoning By-law 84-63. The variance will allow for a slightly taller garage, to match the exterior look and roof line of the existing Municipality of Clarington Committee of Adjustment A2022-0018 Page 11 dwelling. It is Staff's opinion that the requested minor variance will have little to no adverse effect on the neighbourhood. 6.11 For the above stated reasons, it is Staff's opinion that the requested variance 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 84-63 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 Section 3.1.c. of Zoning By-law 84-63 to facilitate the construction of detached garage by increasing the permitted maximum height from 4.0 metres to 4.7 metres. Submitted by: Ron Warne, Manager Development Review Branch Staff Contact: Jacob Circo The following interested parties will be notified of Committee's decision: Kelly & Lisa Calderone Attachment 1 DN: DECIS DECISION OF THE COMMITPEE OF ADJUSTMENT TOWN OF NEWCASTLE BY-LAW 84-63 FILE NO: A 46/90 WM. TONNO CONSTRUCTION PART LOT 33, CON. 2, DARLINGTON 650 KING ST. E., OSHAWA Application was made for relief from zoning by-law requirements in order to allow the applicant to construct a dwelling on a lot having an exterior side yard of 4.0m (13.1 ft.) minimum required 6.Om (19.7 ft.), located in Part Lot 33, Con. 2, former Township of Darlington. DECISION OF THE COMMITTEE "THAT as the variance is considered to be minor in natiue and in keeping with the intent of the Official Plan and Zorung Tay -law the application be APPROVED as applied for." CHAIRMAN T.1+: Re h d-er 1e ., Payne ACTING SECRETARY/TREASURER