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Planning and Development Services
Committee of Adjustment
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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
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Property Location Map
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1530 Nash Road
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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
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Figure 2: Site Plan showing proposed garage dimensions.
Page 6
Municipality of Clarington
Committee of Adjustment A2022-0018 Page 7
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Figure 4: Drawing showing the front elevation dimensions of the proposed detached garage.
Municipality of Clarington
Committee of Adjustment A2022-0018 Page 8
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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