HomeMy WebLinkAboutA2022-0026 Comments 4 Lowe StreetClarftwn
Planning and Development Services
Committee of Adjustment
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Date of Meeting: July 28, 2022
File Number: A2022-0026
Address: 3 Lowe Street, Bowmanville
Report Subject: A minor variance application to permit an accessory structure in the front
yard, with a setback of 0.6 metres.
Recommendations:
1. That the Report for Minor Variance Application A2022-0026- be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application A2022-0026 for a minor variance to Section 3.1 c. of Zoning By-law
84-63 to permit an accessory structure in the front yard, with a setback of 0.6 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 the
Committee's decision.
Municipality of Clarington
Committee of Adjustment A2022-0026
1. Application Details
Page 2
1.1
Owner/Applicant:
Gordon Paul/Judith Wright
1.2
Proposal:
To permit an accessory structure in the front yard, with a
setback of 0.6 metres.
1.3
Area of Lot:
1,363.96 square metres
1.4
Location:
4 Lowe Street, Bowmanville
1.5
Legal Description:
Part Lot 11, Concession 1, Town of Bowmanville
1.6
Zoning:
"Urban Residential (R1) Zone"
1.7
Clarington Official
Urban Residential
Plan Designation:
1.8 Durham Region Living Areas
Official Plan
Designation:
1.9 Heritage Status: Merit
Municipality of Clarington
Committee of Adjustment A2022-0026
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Property Location Map
(Bowmanville)
- Area Subject To Minor Variance
3 Lowe Street
A2022-0026
Figure 1 — Location Map
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Page 3
Municipality of Clarington
Committee of Adjustment A2022-0026
2. Background
Page 4
2.1 On February 2, 2022, Planning Staff were contacted by the applicant to determine
whether an accessory structure (pergola) would be permitted in the front yard. It was
determined that it would not comply with the regulations for accessory structures in
urban residential zones, and that a minor variance to the zoning would be required to
permit the proposed structure.
2.2 On July 7t", 2022, Planning Staff received an application for Minor Variance from the
applicant for 3 Lowe Street Bowmanville. The application seeks to allow an accessory
structure (pergola) in the front yard, with a setback of 0.6 metres
2.3 There is an existing 20.1 square meter detached garage and an approximately 100
square meter swimming pool on the subject lands. The existing garage covers1.47% of
the total area of the lot.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located between the intersections where Lowe Street meets
Division Street and where Lowe Street meets Centre Street (see Figure 1). The property
effectively has frontages on each these three streets, with the western lot line fronting
onto Division, the northern lot line fronting onto Lowe and the eastern lot line fronting
onto Centre. 79 Division Street and 23 Centre Street are located to the immediate south
of the subject property. The property is within close proximity to the downtown
Bowmanville area.
3.2 The surrounding uses include the Canadian Pacific Rail line to the north, Bowmanville
Older Adults Association to the east and Central Public Elementary School to the
southeast. To the west and north are mainly historic single detached homes (See
Figure 2).
Municipality of Clarington
Committee of Adjustment A2022-0026 Page 5
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.
4.2 Staff did not receive any inquiries regarding the distributed public notice.
Municipality of Clarington
Committee of Adjustment A2022-0026 Page 6
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.
5.2 The Central Lake Conservation Authority has no objections
5.3 The Building Division of Planning and Development Services has no objections.
5.4 Clarington Emergency and Fire Services Department has no objections.
6. Discussion
6.1 The property is zoned "Urban Residential Type One (R1) Zone" in Zoning By-law 84-63.
The property is designated Urban Residential in the Clarington Official Plan and Living
Areas within the Durham Region Official Plan.
6.2 Accessory structures are permitted within urban residential zones and are to remain
subordinate to the principal residential use on the property. Section 3.1 of the Zoning
By-law provides the regulations for accessory structures such as pergolas. The
proposed pergola does not comply with the regulations for accessory structures in
Section 3.1 c. of Zoning By-law 84-63 because this section does not permit for
accessory structures in the front yard, and therefore requires a minor variance to the
zoning. The application seeks to permit an accessory structure in the front yard with a
setback of 0.6 metres to the front yard property line (See Figure 3).
Municipality of Clarington
Committee of Adjustment A2022-0026 Page 7
Figure 3 — Location of Proposed Accessory Structure on Subject Property
Conformity with the intent and purpose of the Regional and Clarington Official Plans
6.3 The subject property is designated Living Areas in the Durham Region Official Plan.
New housing is to be developed in a cost-effective and efficient manner that also
contributes to an attractive and safe living environment.
6.4 The subject property is designated Urban Residential in the Clarington Official Plan.
Urban Residential areas shall be used for housing purposes, as well as other uses that
are compatible with residential type uses. The proposal for an accessory structure to
Municipality of Clarington
Committee of Adjustment A2022-0026 Page 8
enhance the property's amenity space is in conformity with the intent and purpose of the
Clarington Official Plan.
Conformity with the intent and purpose of the Zoning By-law
6.5 The subject property is zoned "Urban Residential (R1)" in Zoning By-law 84-63.
Accessory structures are permitted within urban residential zones, subject to the
regulations contained in Section 3.1 c. of the Zoning By-law.
6.6 The accessory structure is proposed to be 3.15 metres in height and has a total floor
area of 11.25 square metres, which equates to 0.82% of the total lot coverage
(approximately 2.4% including the garage). The accessory structure complies with the
regulations in Section 3.1 c. with the exception that accessory structures are not
permitted within the front yard.
6.7 The intent of prohibiting accessory structures within the front yard is to ensure the
property maintains the residential character as observed from the street. The residence
should appear to be the dominant and principal use of the property and accessory
structures should have minimal impacts towards neighbouring properties.
6.8 While the accessory structure will be closer to the street than the dwelling, it will not
dominate the streetscape or greatly impact the residential character of the principal
dwelling. The proposed location of the accessory structure is approximately 18.5 metres
from the dwelling and the proposed location of the accessory structure is within a treed
area that will provide additional screening (See Figure 4).
6.9 The Public Works department has confirmed that it does not have any issues with traffic
sight lines for the proposed accessory structure.
6.10 All other applicable zoning regulations are complied with.
6.11 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.
Municipality of Clarington
Committee of Adjustment A2022-0026 Page 9
Figure 4 — The Accessory Structure is Proposed to be 18.5 metres away from the principal
building on the property
Desirable for the appropriate development or use of the land, building or structure
6.12 The proposed location for the accessory structure is suitable based on the existing site
conditions on the property. The proposed location is flat and is accessible from the main
dwelling by way of a brick path. The proposed accessory structure location is
surrounded by landscaping. This proposed location ensures that the existing vegetation
on the property remains unharmed.
6.13 The applicant proposes the structure be used as an amenity space on the property. As
a result, the structure will be maintained as a residential accessory use on the property.
The design of the structure is meant to compliment the decking, posts, lattice skirtings
and trim of the existing front porch attached to the principal dwelling.
Municipality of Clarington
Committee of Adjustment A2022-0026 Page 10
6.14 For the reasons above, it is Staff's opinion that the minor variance requested is
desirable for the residential use of land and building.
Minor in Nature
6.15 The proposed building conforms to both the Regional and Clarington Official Plans and
maintains the intent of the regulations for accessory structures in the Zoning By-law. To
permit the accessory structure within the front yard does not impact the streetscape or
the existing vegetation on the property and utilizes existing amenity space for the
homeowner while maintaining a compatible residential building design.
6.16 In all other aspects the proposed accessory structure will comply to the Zoning By-law
regulations for accessory structures.
6.17 The proposed minor variance can be considered 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 application to permit
a minor variance to Section 3.1 c. of Zoning By-law 84-63 to permit the construction of
an accessory structure in the front yard, with a setback of 0.6 metres.
h
Submitted by:�,��
Amanda Tapp, Acting Manager,
Development Review Branch
Staff Contact: Andrew Payne, Planner, apayne@clarington.net