HomeMy WebLinkAboutA2022-0023 82 Arthur Street Comments 07-28Clarftwn
Planning and Development Services
Committee of Adjustment
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Date of Meeting: July 28, 2022
File Number: A2022-0023
Address: 82 Arthur Street, Newcastle
Report Subject: A minor variance application to facilitate the construction of an addition
(garage) to the existing detached dwelling by reducing the exterior side
yard setback from the required 6 metres to 1.2 metres.
Recommendations:
1. That the Report for Minor Variance A2022-0023 be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application A2022-0023 for a minor variance to Section 12.2 d. ii) of Zoning B-
law 84-63 to permit the construction of an addition (garage) to the existing detached
dwelling by reducing the exterior side yard setback from the required 6 metres to 1.2
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 Adiustment A2022-0023
Paae 2
1. Application Details
1.1 Owner/Applicant:
1.2 Proposal:
1.3
Area of Lot:
1.4
Location:
1.5
Legal Description
1.6
Zoning:
1.7
Clarington Official
Plan Designation:
1.8
Durham Region
Official Plan
Designation:
1.9
Heritage Status:
Diana Jones/McGean Architecture & Design Inc.
To facilitate the construction of an addition (garage) to the
existing detached dwelling by reducing the exterior side yard
setback from the required 6 metres to 1.2 metres.
809.51 square metres
82 Arthur Street, Newcastle
Part Lot 27, Concession 2, Town of Newcastle
"Urban Residential Exception (R1-1) Zone"
Urban Residential
Living Areas
None
Municipality of Clarington
Committee of Adiustment A2022-0023
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Figure 1 - Location Map
Page 3
Municipality of Clarington
Committee of Adjustment A2022-0023 Page 4
2. Background
2.1 On July 411, 2022, Planning Staff received an application for Minor Variance from the
applicant for 82 Arthur Street, Newcastle. The application seeks to permit the
construction of an addition (garage) to the existing detached dwelling by reducing the
exterior side yard setback from the required 6 metres to 1.2 metres.
2.2 The existing footprint of the single -detached dwelling on the property is approximately
182.1 square metres and consumes 22.5% of the lot in lot coverage. The property's
exterior yard setback to Orchard Heights Drive is currently 2.34 metres due to the
presence of a carport. The applicant plans to remove the carport and to replace it with
the proposed garage.
2.3 The proposed garage will include a secondary entrance to the property and contains a
mud room with a sink that will be tied into the existing services on the property
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located approximately 110 metres to the north of the intersection
at King Avenue East and Arthur Street, northeast of downtown Newcastle (see Figure
2). The dominant surrounding land use in the direct vicinity of the subject property is
residential.
3.2 Additional nearby uses include the Canadian Pacific Rail line to the north, the
Newcastle Baptist Fellowship Church to the east and the commercial uses in downtown
Newcastle to the south.
Municipality of Clarington
Committee of Adjustment A2022-0023
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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.
5. Departmental Comments
5.1 The Infrastructure Division of Public Works has no objections to the proposal provided
that the grading/drainage pattern within the lot remains unaltered
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
Municipality of Clarington
Committee of Adjustment A2022-0023
6. Discussion
Page 6
Conformity with the intent and purpose of the Regional and Clarington Official Plans
6.1 The subject property is designated Living Areas within the Region of Durham 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.
6.2 The subject property is designated Urban Residential within the Clarington Official Plan.
Proposed dwellings are to be compatible with existing residential uses while achieving
gentle intensification
6.3 Both the Regional and Clarington Official Plans permit the residential use of the
property.
6.4 For the above stated reasons, it is Staff's opinion that the application conforms with both
Official Plans.
Conformity with the intent and purpose of the Zoning by-law
6.5 The subject property is zoned "Urban Residential Exception (R1-1)" in Zoning By-law
84-63. The "R1-1" Zone requires a minimum lot area of 650 square metres and
minimum lot frontage of 18 metres for a single detached dwelling lot. The subject lot has
an area of 809.51 square metres and lot frontage of 20.12 metres.
6.6 The subject property currently has an exterior side yard that has been reduced from 6
metres to 2.34 metres due to the presence of a carport (see Figure 3). The applicant
has proposed an exterior side yard setback reduction from the original 6 metres to 1.2
metres to accommodate the proposed single car garage, which will replace the existing
carport.
Municipality of Clarington
Committee of Adjustment A2022-0023 Page 7
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Figure 3 — The exterior side yard setback for this property has already been reduced
from 6 metres to 2.34 metres due to the existing carport.
6.7 The intent of the required minimum exterior side yard setback is to ensure adequate
traffic sight lines and to allow for proper drainage on the property and towards Orchard
Heights Drive. The proposed reduction to the exterior side yard setback will maintain
sufficient distance between the proposed garage addition and the exterior side lot line.
The resultant 1.2 metre setback is large enough to provide adequate traffic sight lines.
6.8 The proposed addition would increase the lot coverage for the property from 22.5% to
24.2%, well below the maximum permitted lot coverage of 40% for properties containing
single -detached dwellings in the R1-1 Zone.
6.9 It is Staff's opinion that the application conforms to the intent and purpose of the Zoning
By-law.
Municipality of Clarington
Committee of Adiustment A2022-0023
Page 8
Desirable for the appropriate development or use of the land, building or structure
6.10 The appropriate use of the land is residential, and the garage is accessory to the
residential use. Staff are satisfied that the overall scale of the proposed garage addition
will remain accessory to the principal dwelling. The proposed garage roof is designed to
complement the existing roof line of the dwelling with a similar style and pitch, as well
similar proposed building materials. Staff are satisfied that the proposed garage addition
and resulting modifications to the dwelling are compatible with the existing residential
use as the proposed addition integrates well with the existing building and will maintain
a suitable setback from Orchard Heights Drive to the north.
6.11 It is Staff's opinion that the proposed garage addition will be in keeping with the existing
surrounding neighbourhood character. Several of the neighbouring properties -
including 30 and 44 Arthur Street - contain attached garages, some of which were
created through additions to the dwellings on the properties. Several neighbouring
properties also have reduced exterior side yards including 108 Arthur Street, across
Orchard Heights Drive to the north.
6.12 The proposed garage addition will improve the streetscape of the property by
concealing a vehicle from view and will complement the existing design of the dwelling.
The addition is also proposed to contain a separate access to the dwelling along with a
mudroom, which will improve the indoor amenities of the property (see Figure 4).
Municipality of Clarington
Committee of Adjustment A2022-0023 Page 9
Arthur Street
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Figure 4 — The garage is proposed to contain a vehicle, a mudroom
and separate access to the dwelling.
6.13 The proposed increase in lot coverage will not result in a significant loss of at -grade
outdoor amenity space to the owner.
6.14 For the reasons above, it is in Staff opinion that the minor variance requested is
desirable for the residential use of land and building.
Minor in Nature
6.15 The proposed exterior side yard setback reduction maintains the general intent of
providing a sufficient distance from Orchard Heights Drive, while ensuring proper traffic
sight lines are maintained
6.16 The proposed addition is expected to increase the total dwelling coverage and floor
area on the property, however these and all other aspects, save and except for the
exterior side yard setback will comply with the Zoning By-law.
Municipality of Clarington
Committee of Adjustment A2022-0023 Page 10
6.17 For the above stated reasons, it is Staff's opinion that the proposed interior side yard
setback reduction 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 application to permit
A minor variance application for a minor variance to Section 12.2 d. ii) of Zoning B-law
84-63 to permit the construction of an addition (garage) to the existing detached
dwelling by reducing the exterior side yard setback from the required 6 metres to 1.2
metres
Submitted by:
Amanda Tapp, Acting Manager
Development Review Branch
Staff Contact: Andrew Payne, Planner II, or apayne@clarington.net.