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Home My WebLink AboutA2022-0019 78 The Cove Road MOC 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: July 28, 2022 File Number: A2022-0019 Address: 78 The Cove Road, Wilmot Creek Report Subject: To facilitate the construction of an addition to a mobile home and/or single detached dwelling by reducing the minimum required setback from the private road from 5.0 metres to 4.15 metres. Recommendations: That the Report for Minor Variance Application A2022-0019 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2022-0019 for minor variances to Section 13.4.16 c. ii. c), of Zoning By-law 84-63, to facilitate the construction of an addition to a mobile home and/or single detached dwelling by reducing the minimum required setback from the private road from 5.0 metres to 4.15 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 Adjustment A2022-0017 1 Application Details Page 2 1.1 Owner(s)/Applicant: Ian Ogilvie 1.2 Proposal Minor variances to Section 13.4.16 c. ii. c), of Zoning By-law 84- 63, to facilitate the construction of an addition to a mobile home and/or single detached dwelling by reducing the minimum required setback from the private road from 5.0 metres to 4.15 metres. 1.3 Area of Lot: 572.28 square metres 1.4 Location: 78 The Cove Road, Courtice (see Figure 1) 1.5 Legal Description: Part Lot 33 & 34, Concession 1, Former Village of Newcastle, 78 The Cove Road, Wilmot Creek 1.6 Zoning: "Urban Residential Exception (R2-16) Zone" of Zoning By-law 84-63 1.7 Clarington Official Plan Urban Residential Designation: 1.8 Durham Region Living Areas Official Plan Designation: 1.9 Heritage Status: None Municipality of Clarington Committee of Adjustment A2022-0017 Paae 3 HIGHWAY 401 - - - _ SERVICE ROAD a LOf:34 CON:1 O -_ V 0 LU - $ iR w S LOT :33 m LOT: 32 m CON:1 CON 1 16 N e �i 52 2a ? 224 n 92 :11 f Z- 5! 21 ] 9 i! VOA ]f. 20 A n � 22 su 1� 18 19 CA Il 43 ti 41 1� R41 v 0 4 Property Location Map (Wilmot Creeks N I A - Area Subject To Minor Variance 78 The Cove Road I &nr m..�rlli ap 4zA2022-0079 PP 0 Figure 1 — Location Map Municipality of Clarington Committee of Adjustment A2022-0017 2 Background Page 4 2.1 On May 27, 2022, the applicant contacted the Planning Department to inquire about the Minor Variance process, and how an addition would be permitted given the proximity with the private road and abutting lots. 2.2 It was determined through consultation with Staff, that the proposed addition did not comply with the Zoning By-law and that a Minor Variance would be required. 3 Land Characteristics and Surrounding Uses 3.1 The subject property is located at 78 The Cove Road, Wilmot Creek, which is east of Wilmot Trail and west of Steelhead Lane (see Figure 1). The lot is approximately 572.28 square metres. 3.2 The surrounding uses to the immediate north, south, east, and west are residential. 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 received an inquiry regarding the distributed public notice. Planning Staff has received one objection from a member of the public for the proposed minor variance. The objection was in relation to the map included on the public notice (see Figure 1). The complaint claimed the circulate map was not an accurate description as to how the homes are laid out along the street. Other concerns pertained to the dimensions given in the minor variance to be inaccurate since it did not appear the existing dwelling was setback 5 metres from the road and that the addition would be closer to nearby dwellings. Concerns were also raised with reducing visibility to cars when they must turn onto Steelhead Road off The Cove Road since the setback is being reduced. Furthermore, a concern was raised with regard to the addition of the dwelling going into any easements. 5. Departmental Comments 5.1 The Infrastructure Division of Public Works has no concerns with this application, provided the grading/drainage pattern within the lot is not altered. 5.2 The Central Lake Ontario Conservation Authority has no concerns with this application. Municipality of Clarington Committee of Adjustment A2022-0017 Paae 5 5.3 The Building Division of Planning and Development Services has no concerns with this application. A building permit is required and there is currently building permit application submitted. 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. Within the Clarington Official Plan, the subject property is designated "Urban Residential" and located with "Special Policy Area B". Residential uses are permitted within the "Urban Residential" designation and the "Special Policy Area B". The proposed addition is to support the residential use of the principal residence. 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 Within the Comprehensive Zoning By-law 84-63, as amended, of the former Town of Newcastle, the subject property is located within the "Urban Residential Exception (R2- 16) zone". Within the "R2-16" zone, the proposed residential use is permitted. 6.4 The subject property is zoned "R2-16", which requires a minimum setback of 5 metres from any mobile park road. The proposed addition would expand the existing dwelling by 4.7%. This would result in a lot coverage increase, for all buildings on the property, from 28.6% to 33.3%. Since the proposed addition will comply with all other By-law requirements, Staff believe that the proposed reduction in the setback to mobile home park road is minor in nature. 6.5 For the above reasons, it is in staff's opinion that the proposal maintains the intent and purpose of the Zoning By-law. Desirable for the appropriate development or use of the land, building or structure 6.6 The appropriate development for the subject property is residential. The proposed addition does not have any negative impacts on the neighbourhood would improve the usability of the principal residence for the current owner by providing a laundry room and additional storage space (see Figure 3). 6.7 The proposed addition is not encroaching onto abutting residential structure and is leaving 4.15 metres (approximately 13.5 feet) from the private road, which is close to the minimum setback to the mobile home park road (see Figure 2). The proposed Municipality of Clarington Committee of Adjustment A2022-0017 Page 6 location is preferable as it will not present any negative impact on the adjacent properties (see Figure 4). 6.8 No concerns regarding privacy have been raised. The proposed addition is keeping with character of the neighbourhood (i.e., the proposed addition is not abutting closer to other mobile home/single detached dwelling and is maintaining the current shape of the building) (see Figures 2 and 4). The irregular shape of the lot allows for the proposed addition to conform to the other zoning provisions in Section 13.4.16 c) of the Zoning By-law. 6.9 For the above stated reasons, it is in staff's opinion that the minor variance requested is desirable for the residential use of land and building. Figure 2: Site Plan Drawing showing the proposed addition. The proposed setback to the private road would be 4.15 metres. Municipality of Clarington Committee of Adjustment A2022-0017 Page 7 oes�� - -- -------- ----------- L-� L FI2DNY ELEVATION LEFT 5117E ELEVATION oastla �EA� E�EVAnoN 'l81"HB COV6 ROAD I e..1a-a- I Figure 3: Elevation Drawings with dimensions showing proposed addition. Figure 4: Aerial photo of subject lands Municipality of Clarington Committee of Adjustment A2022-0017 Page 8 Minor in Nature 6.10 The proposed addition provided a laundry room and additional storage space, which improves the usability for current and future owners. The proposed addition will not overwhelm any adjacent properties since the addition is compliant with the other zoning regulations and is not reducing the setback to any neighbouring mobile home or single detached dwelling. 6.11 For the above stated reasons, it is Staff's opinion that the proposed decrease to the permitted setback to the private road 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 subject application for a Minor Variance to Section 13.4.16 c. ii. c) of Zoning By-law 84-63 to facilitate the construction of an addition to a mobile home and/or single detached dwelling by reducing the minimum required setback from the private road from 5.0 metres to 4.15 metres. Submitted by: Amanda Tapp, Acting Manager Development Review Branch Staff Contact: Jacob Circo Interested Parties: Ian Ogilvie