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