HomeMy WebLinkAboutA2022-0009 4469 Liberty S N Comments 07-28Clarftwn
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: July 28, 2022
File Number: A2022-0009
Address: 4469 Liberty Street North, Darlington
Report Subject: A minor variance application to permit a new accessory structure
(detached garage) with a building height of 6.35 metres and increase the
total floor area for all accessory structures on the property to 180 square
metres.
Recommendations:
1. That the Report for Minor Variance Application A2022-0009- be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application A2022-0009, for minor variances to Section 3.1.c of Zoning By-law
84-63 to facilitate the construction of an accessory structure (detached garage) with
a height of 6.35 metres and a total floor area for all accessory structures of 180
square metres, be approved subject to the following conditions being completed
prior to the issuance of the building permit for the new accessory building:
That the applicant/owner obtain a demolition permit for the existing detached
garage; and
ii. That the storage/shipping containers be removed from the property.
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
4. That all interested parties listed in this report be forwarded a copy of the
Committee's decision.
Municipality of Clarington
Committee of Adjustment A2022-0009
1. Application Details
1.1 Owner: Mark McCormick
1.2 Applicant: J. Holmes Construction Inc.
1.3 Proposal: To permit an accessory structure (detached garage) with a
height of 6.35 metres and a total floor area for all accessory structures
of 180 square metres .
1.4 Area of Lot: 9.95 acres (4 ha)
1.5 Location: 4469 Liberty Street North, Darlington
1.6 Legal Description: Part Lot 10, Concession 4, Township of Darlington
1.7 Zoning: "Agricultural (A)" in Zoning By-law 84-63
1.8 Clarington Official Plan Designation: Prime Agriculture, Environmental
Protection
1.9 Durham Region Official Plan Designation: Prime Agricultural Areas
1.10 Heritage Status: None
1.11 Services: Private services (well and septic)
Page 2
Municipality of Clarington
Committee of Adjustment A2022-0009 Page 3
Prop r ter Lo cox ti on Map - - - -- -- �--
GrYI�Yr
I
Darlington w'°1 T„x.
�I Mhi.J iuws I � I
- Area SubjectTa M!nor Variance
4469 Liberty Street North
i i
L a s pia- I i
Figure 1 — Location Map
Municipality of Clarington
Committee of Adjustment A2022-0009
2. Background
Page 4
2.1 A minor variance is required in order to increase the maximum permitted height for an
accessory building (detached garage) from 4.5 metres to 6.35 metres and to increase
the total maximum permitted floor area for accessory buildings from 120 square metres
to 180 square metres. There are several existing accessory structures located on the
subject lands, including a detached garage. The detached garage located on the south
side of the single detached dwelling is proposed to be demolished.
2.2 The property also contains an old barn towards the back of the property as well as
shipping containers. Agricultural buildings do not count towards the total accessory floor
area permitted on a property. It is recommended that the shipping containers be
removed as a condition of granting the minor variance as shipping containers are not
permitted to be used as accessory buildings under Section 3.1 h. of Zoning By-law 84-
63.
2.3 The applicant has indicated that they require the increase in height and floor area for
storage of personal items. If granted, the application would permit a larger detached
garage on the subject lands as an accessory use to the permitted detached dwelling.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located on the east side of Liberty Street North, south of
Taunton Road, and north of the Bowmanville Urban Area and the Trans Canada
Pipeline.
3.2 The surrounding uses include large single detached homes, including accessory
building on rural lots as well as agricultural lands and natural heritage features.
Municipality of Clarington
Committee of Adjustment A2022-0009
Figure 2 — Subject Lands and Surrounding Context
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.
Page 5
4.2 As of the writing of this report, Staff did not receive any enquiries about this application.
5. Departmental and Agency Comments
5.1 The Infrastructure Division of Public Works has indicated that they reviewed the above -
noted application and have no objections to the proposal. 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 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 Conservation Authority has reviewed the application and have no
objections.
Municipality of Clarington
Committee of Adjustment A2022-0009 Page 6
5.3 The Building Division of Planning and Development Services has no objection. A
building permit is required for the proposed structure.
5.4 Clarington Emergency and Fire Services Department has no fire and safety concerns.
5.5 There are no Cultural Heritage resource concerns.
5.7 The Durham Region Health Department have reviewed the application and have no
objection to the approval.
6. Discussion
Conformity with the intent and purpose of the Regional and Clarington Official Plans
6.1 The subject property is designated Prime Agricultural Areas in the Durham Region
Official Plan and Prime Agriculture and Environmental Protection in the Clarington
Official Plan.
6.2 Prime Agricultural Areas are primarily intended for agriculture and farm -related uses.
The policies of both Official Plans protect and maintain agricultural lands for future
generations. They support healthy and protective agricultural industry as an important
element to the heritage, identity, and rural economic base of the community. Rural
residential uses are permitted, as well as associated accessory buildings.
6.3 A small portion of the property on the south side is designated Environmental
Protection. This relates to the minimum vegetation protection zone, which is a 30 m
buffer to the natural heritage features located on the adjacent property. The proposed
detached garage is outside the Environmental Protection area.
6.4 The proposed detached garage is in conformity with the intent and purpose of the
Durham Region and Clarington Official Plan.
Conformity with the intent and purpose of the Zoning By-law
6.5 Within the Comprehensive Zoning By-law 84-63, the subject property is currently zoned
Agricultural (A), which permits a single detached dwelling and associated accessory
structures to the principal building. Accessory buildings on lots greater than 2 hectares
are to follow the General Zone provisions in Section 3.1.c. of Zoning By-law 84-63.
6.6 The applicant is requesting to increase the maximum permitted height of an accessory
building from 4.5 metres to 6.35 metres and to increase the maximum permitted total
allowable accessory floor area from 120 square metres to 180 square metres. The
intent of the maximum height and floor area for accessory structures is to ensure that
the accessory building remains secondary to the principal use of the lands and to
prevent potential conversions of the buildings to other land uses which are not permitted
in the Agricultural Zone, such as commercial or industrial uses.
Municipality of Clarington
Committee of Adjustment A2022-0009
Page 7
6.7 The proposed detached garage is 162 square metres, however there is also another
existing shed by the pool, which brings the total proposed floor area for all accessory
structures to 180 square metres. The applicant has indicated that the existing detached
garage on the south side of the dwelling will be demolished.
6.8 The ground floor area of the proposed detached garage is 81 square metres, which is
under the 120 square metres that is permitted, however since there is a loft proposed
above the garage for storage, this brings the total floor area to 162 square metres. The
proposed detached garage would remain relatively ancillary to the single detached
dwelling located on the property in terms of size and does not appear to have the
potential to be used for large scale commercial or industrial activities.
BIDE a 7) ELEVATION
6.9 Home Industries which serve the agricultural community, such as carpenter, small
engine repair, crafts, etc. are permitted in the Clarington Official Plan policies provided
they are located in an accessory structure and subject to other criteria, such as no
outdoor storage of goods and the use does not hinder surrounding agricultural uses.
While Zoning By-law 84-63 has not been amended to implement these policies, future
review of the Zoning By-law may provide for these types of uses to be carried out in the
detached garage.
6.10 For the above stated reasons, it is Staff's opinion that the application is in conformity
with the intent and purpose of the Zoning by-law.
Desirable for the appropriate development or use of the land, building or structure
6.11 Surrounding residential lots in this area contain multiple accessory structures. These
accessory structures are also fairly large when compared to the main principal dwelling.
Most of the accessory structures are setback a fair distance from the road and are
screened from view by vegetation.
6.12 The proposed detached garage on the subject property would be secluded and setback
from the road. It would also be screened from view given the row of cedar hedges that
surround the property. The proposal would be similar to the other rural properties in the
surrounding area and have minimal impact on surrounding land uses. Furthermore, it
Municipality of Clarington
Committee of Adjustment A2022-0009 Page 8
would provide a space to contain any personal items that may otherwise be stored
outdoors.
6.13 For the above stated reasons, it is staff's opinion that the minor variance requested
would be desirable for the use of land and building. The proposal would be appropriate
for the lands and not be detrimental to the surrounding area.
Minor in Nature
6.14 In order to determine if an application is minor, the concept needs to maintain a flexible
approach, and relates to the assessment of the significance of the variance to the
surrounding circumstances and to the terms of the existing By-law. It is understood that
an interpretation must be based on the unique circumstances of each application.
6.15 An increase in the height from 4.5 metres to 6.35 metres and an increase in the
maximum total floor area for accessory structures from 120 square metres to 180
square metres does not significantly depart from the provisions contemplated in the by-
law. There are no anticipated negative impacts to surrounding land uses. The design of
the detached garage appears to remain accessory to the principle dwelling in terms of
scale and residential use of the subject lands. It does not significantly alter the use of
the land.
6.16 It is Staff's opinion that the proposal is minor in nature as it does not significantly
change the use of the land and it is a slight increase to the permitted provisions of the
zoning by-law to allow for extra storage space.
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 application for a
minor variance to Section 3.1 c. of Zoning By-law 84-63 to permit an accessory
structure (detached garage) with a height of 6.35 metres and a total floor area for all
accessory structures of 180 square metres, subject to the following conditions to be
completed prior to issuing the building permit for the new accessory building:
i) That the applicant/owner obtain a demolition permit for the existing detached
garage; and
ii) That the storage/shipping containers be removed from the property
Municipality of Clarington
Committee of Adjustment A2022-0009 Page 9
Submitted by:
Amanda Tapp
Acting Manager, Development Review
Staff Contact: Nicole Zambri, Senior Planner.
Interested Parties:
The following interested parties will be notified of Committee's decision:
Mark McCormick and Kourtney Holmes