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HomeMy WebLinkAboutA2022-0020 18 Kelman Place 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: A2022-0020 Address: 18 Kelman Place, Bowmanville Report Subject: A minor variance application to facilitate the construction of a stairwell by reducing the minimum required side yard setback from 0.6 metres to 0.4 metres Recommendations: 1. That the Report for Minor Variance A2022-0020 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2022-0020 for a minor variance to section 3.1 g. iv) of Zoning By- law 84-63 to facilitate the construction of an exterior stairwell by reducing the minimum side yard setback from 0.6 metres to 0.4 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, subject to the following condition: a. all the existing drainage patterns remain un-altered and the proposed staircase does not exceed 1.1 metres in width to allow for the side yard drainage swale to retain its functionality 4. That all interested parties listed in this report be forwarded a copy of the Committee's decision. Municipality of Clarington Committee of Adjustment A2022-0020 1. Application Details 1.1 Owner/Applicant 1.2 Proposal: 1.3 Area of Lot: 1.4 Location: Page 2 Victoria Tallon A minor variance to section 3.1 g.iv) to facilitate the construction of a stairwell by reducing the minimum side yard setback from 0.6 metres to 0.4 metres. 529.6 square metres 18 Kelman Place, Bowmanville (see Figure1) 1.5 Legal Description: Part Lot 17, Concession 6, Former Township of Darlington 1.6 Zoning: "Urban Residential Type One (R1) Zone" 1.7 Clarington Official Plan Designation: 1.8 Durham Region Official Plan Designation: 1.9 Heritage Status: Urban Residential Living Areas None Municipality of C b H ngt n Committee of Ad|ustmenlA2022- 020 Page 3 9 w E 9; �, 3 m ® v 34 ~ ® as 5 20 w km§ � » 7 f 2 38 q 37 ~ j 3 $@2 18 Kelman Place ± « n coup, m 2 2 CLg£s\A L01u -� m # ,D „ B LUWUJ ���� vO« , , s 0 a 0 _ 7 227 � 21 Al sbrm2� a Al n`� 55 \° 21, 212 , Property Location Map (Bowman vie e) � -Area Su . Mlr Mi_r Va rmnce 1E Kelman mace A2022-0020 Figure 1- Location Map Municipality of Clarington Committee of Adjustment A2022-0020 2. Background Page 4 2.1 In order to construct a side yard stairwell providing a side entrance to a future basement apartment at 18 Kelman Place, the Owner applied for a Minor Variance for relief from the maximum permitted projection in a side yard which can not reduce the side yard to below 0.6 metres. 2.2 The applicant came in to apply for a building permit for the basement apartment. The design included the exterior staircase which projects to the side yard on the south side of the dwelling. 2.3 Through the building permit review, Staff identified a Minor Variance was required for seeking the side yard setback relief. `l F ROPGSIE6 11ASEMEktT AtCLW RY APARTMENT ,-. -a alb' 123K 51H P3Yrlq 5g8161 P�%�`�'62 - Parbng Sp— 5 }w]� M L S C NF1N Sll^Q.LLIIbG �YRAk7{,P L Y ,x" .u� hP►AiTM€nY ErcfYLwGE 4�.8 .. Figure 2 — Proposed site plan of 18 Kelman Place Municipality of Clarington Committee of Adiustment A2022-0020 Figure 3 — Rear and side of the subject dwelling 3. Land Characteristics and Surrounding Uses Page 5 3.1 The subject property is located at 18 Kelman Place, Bowmanville, on the west side of Kelman Place in the Knox neighbourhood of north Bowmanville. The subject property is west of Scugog Street, east of Bowmanville Valley Conservation Area, North of Longworth Avenue and south of West Scugog Lane. The property is approximately 529.6 square metres in lot area with an approximate frontage of 14.7 metres and a depth of 34.8 metres. The existing and proposed uses of the building are residential 3.2 The surrounding uses to the north, south and east are residential with similar dwelling types of single detached dwelling forms. The west is environmental protection area. The subject property is located within Central Lake Ontario Conservation regulated area. 4. Public Notice and Submissions 4.1 Pursuant to the requirement 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 At the time of the writing of this report, Staff did not receive any enquiries about this application. Municipality of Clarington Committee of Adjustment A2022-0020 5. Departmental Comments Page 6 5.1 The Infrastructure Division of Public Works has reviewed the application and has no objections to this proposal under the condition that all the existing drainage patterns remain unaltered, and that the proposed stairwell does not exceed 1.1 m in width to allow for the side yard drainage swale to retain its functionality. 5.2 The Building Division of Planning and Development Services has reviewed the application and has no comment regarding this application 5.3 Clarington Emergency and Fire Services Department has reviewed the application and found no fire safety concerns. 5.4 Central Lake Ontario Conservation Authority has reviewed the application and indicates the application does not require their comments. 6. Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 6.1 The subject property is designated Living Areas within the Durham Region Official Plan and Urban Residential within the Clarington Official Plan. Both the Regional and Clarington Official Plans permit the residential use of the property. 6.2 For the above -stated reasons, it is the Staff's opinion that the application conforms to the intent and purpose of both Official Plans. Conformity with the intent and purpose of the Zoning by-law 6.3 The subject property is zoned "Urban Residential Type One (R1) Zone" in Zoning By- law 84-63. The Zone permits a single detached dwelling with an attached garage to have a minimum side yard setback of 1.2 metres on one side and 0.6 metres on the other. Subject to section 3.1 g.iv), step projection is permitted with the requirement for encroaching into a side yard up to 1.5 metres, but a required side yard shall not be reduced to below 0.6 metres. The proposed stairwell projection would reduce the side yard setback to 0.4 metres. 6.4 The intent of the minimum 0.6-metre side yard setback for step projections is to ensure adequate drainage between dwellings and towards Kelman Place Street and ensure there is sufficient access and clearance to the rear of the dwelling in event of an emergency. 6.5 Within a plan of subdivision, it is not uncommon for dwellings to be built with a range of interior side yard widths provided there is appropriate space for surface drainage. The Public Works is satisfied that the proposal will not pose a negative impact on the neighbouring property to the south, nor alter existing drainage patterns to affect its functionality. Municipality of Clarington Committee of Adjustment A2022-0020 Page 7 6.6 From an access perspective, the proposed exterior staircase is designed in a manner to maintain access to the rear yard with a width of fewer than 1.1 metres. The dwelling to the south will continue to have a sufficient setback between the shared property limit (see Figure 4) 6.7 For the above -stated reasons, it is the staff's opinion that the application conforms to the intent and purpose of the Zoning By-law. Figure 4 — Existing side yard condition between 14 and 18 Kelman Place Desirable for the appropriate development or use of the land, building or structure 6.8 The appropriate use of the land is residential. The proposed stairwell projection would facilitate the construction of a side entrance for a permitted basement apartment. The proposed location is desired by the applicant for ease of access and reasonable alteration of the dwelling. 6.9 Staff reviewed the option of constructing an exterior staircase in the rear yard. Changing the location of the staircase to the rear of the dwelling would entail removing sliding doors in the master bedroom and the exterior door to the basement apartment. This structure would result in significantly more construction and costs. 6.10 For the above -stated reasons, it is the staff's opinion that the application is desirable for the appropriate development or use of the land, building or structure. Municipality of Clarington Committee of Adiustment A2022-0020 Minor in Nature Page 8 6.11 The proposed stairwell is intended to maintain access to the rear yard on the subject property and maintain existing drainage patterns and functions around the dwellings. 6.12 The relief requested is for the exterior staircase only and the existing setback to the dwelling itself will remain unchanged. 6.13 It is the Staff's opinion that allowing the reduction to the minimum side yard setback to 0.4 as a result of a step projection is considered to be minor in nature. 7. Conclusion 7.1 Based on the Staff's review of 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 g. iv) of Zoning By-law 84-63 to facilitate the construction of a stairwell providing a side entrance to a basement apartment by reducing the minimum side yard setback from 0.6 metres to 0.4 metres as a result of a step projection. Submitted by: � � 4" Amanda Tapp, Acting Manager Development Review Branch Staff Contact: Jane Wang, Planner II, 9056233799 ex 2411 or jwang@clarington.net. Interested Parties: The following interested parties will be notified of Committee's decision: Victoria Tallon