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HomeMy WebLinkAboutA2022-0025 96 Monroe Street W 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: A2022-0025 Address: 96 Monroe Street West, Newcastle Village Report Subject: To facilitate the construction of an attached garage by decreasing the permitted side yard setback from 1.20 metres to 0.66 metres. Recommendations: 1. That the Report for Minor Variance A2022-0025 be received. 2. That all written comments and verbal submissions were considered in the deliberation of this application. 3. That application A2022-0025 for a minor variance to section 12.2 d. iii) a). of Zoning By-law 84-63 to facilitate the construction of an attached garage by decreasing the permitted side yard setback from 1.20 metres to 0.66 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 Adiustment A2022-0025 Paae 2 1. Application Details 1.1 Owner(s)/Applicant: Mohammed Khaleque 1.2 Proposal Minor variances to Section 12.2 d. iii) a) of Zoning By-law 84- 63 to facilitate the construction of an attached garage by decreasing the permitted side yard setback from 1.2 metres to 0.66 metres 1.3 Area of Lot: 975.2 square metres 1.4 Location: 96 Monroe Street West, Newcastle Village (see Figure 1) 1.5 Legal Description: Part Lot 28, Concession 2, Former Village of Newcastle, 96 Monroe Street West, Newcastle Village 1.6 Zoning: "Urban Residential Type One (R1-1) Zone" of Zoning By-law 84-63 1.7 Clarington Official Urban Residential Plan Designation: 1.8 Durham Region Living Areas Official Plan Designation: 1.9 Heritage Status: None Municipality of Clarington Committee of Adiustment A2022-0025 Paae 3 29 33\31 582 2 f'19 � 355 CON?2 ,fl W 3W '�" 14 O 13 = 38a °y 12 CJ F — 11 Of 345 362 345 10 W r O v 338 8 of T MONROE STREET W� MONROE STREET E 5 � � "a 26"a I�' u7 Z 317 �' c 319 F 2 245 W W GRADY DR 0� r� uti 2i5 239} 271 183 =� A14DREW STREET 262 267 270 663 265 F r. q2S1 242 263 6 157 200 2 51 25d W 251 35 235 237 E38 " crk 12. 220 215 224 a� Property Location Map (Newcastle Village) 1, Its,, noArea Subject To Minor Variance 96 Monroe Street West r i olw � �------- may'---------�- a.mw ftlti l�Gi. �y I �Lma WLLY 4` Gcnm�LMIN Figure 1 — Location Map Municipality of Clarington Committee of Adiustment A2022-0025 2. Background Paae 4 2.1 The applicant has converted the existing attached garage of the principal residence to living area. Seeking approval to construct an attached garage to the principal residence for the purpose of storage and parking. The proposed garage siting encroaches the interior side yard setback 2.2 The original minor variance application proposed two front doors on the front fagade, one door was originally for the principal residence and the other was for access to the additional living area within the principal residence. On July 12th, 2022, the applicant revised the proposed plans to have one front door. The revised plan is represented in this report in Figure 5. 2.3 It was determined through consultation with Staff on June 30th, 2022, that the proposed garage 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 96 Monroe Street West, Newcastle Village which is east of Regional Road 17 and south of the C.P.R railway tracks (see Figure 1). The lot is approximately 975.2 square metres with an approximate frontage of 18.5 metres and an approximate depth of 53 metres. 3.2 The surrounding uses to the immediate north, south, east, and west are residential. The property to the immediate north is currently being developed with townhouse blocks. Municipality of Clarington Committee of Adjustment A2022-0025 Page 5 { L�t� G4Afl �� •ti 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 Public Works has reviewed the application and have no objections to the proposal under the condition that the existing drainage patterns remain unaltered, and the adjacent property is not adversely affected. The Building Division of Planning and Development Services has no objections 5.2 The Building Division of Planning and Development Services has no objections. 5.3 Clarington Emergency and Fire Services Department has no objections. Municipality of Clarington Committee of Adjustment A2022-0025 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 Within the Comprehensive Zoning By-law 84-63, as amended, the subject property is located within the "Urban Residential Exception (R1-1) Zone". The proposed residential use is permitted within the "R1-1" zone. 6.6 The subject property is zoned (R1-1), this zone permits a minimum side yard setback of 1.2 metres. The general provisions within the zoning by-law 84-63 allow buildings and other structures to project into this setback up to 0.6 metres resulting in a minimum setback of 0.6 metres. The intent and purpose of allowing (but limiting) structures to project into required yard setbacks is to ensure sufficient side yard access and maintenance to the rear of the property, to allow grading for lot drainage as well as to provide adequate separation between the dwelling and the interior lot line of an abutting property. 6.7 Given that there is sufficient separation between the existing dwelling and the property line to the east (approximately 2.10 meters), the character of the streetscape would not appear to be negatively impacted by this proposal. A 0.6 metre side yard setback for the proposed garage on the west side will also ensure there will be sufficient space between the proposed garage and the interior property line to allow access for maintenance purposes. 6.8 It is in staff's opinion that the proposed increased projection maintains sufficient side yard separation and has minimal impacts on stormwater management. For the above reasons, it is in staff's opinion that the proposal maintains the intent and purpose of the Zoning By-law. Municipality of Clarington Committee of Adjustment A2022-0025 LOT W.7. PLAN NQ. TO:M1 'J.Y.PSTI.E IJ1l.0 .If=':XCLAKI.-6014 1 ruxiw:K nor coin xa x i.a�r� ie �vu LOf NPh - 9T9.i+n• :IOSF]S'f'1 � •Y lrYr I?'ad�9..rc Hmo.6rr•� TOfx r00i—Ni v 9xPnP G �E?RACE a PCFL w Y I51zB T,[I.l .ir ry -EUI,FV f-7 w?m�v N1QNpQf- s f-r vVI-sr Page 7 Figure 3 - Site pan showing the proposed garage addition with 0.66-meter side yard setback Desirable for the appropriate development or use of the land, building or structure 6.9 The appropriate development for the subject property is residential. The proposed garage does not appear to have any negative impacts on the neighbourhood and would improve the usability of the property by providing protected parking for the current owner 6.10 The proposed garage leaves a 0.66 metre setback from the west property line (see Figure 3). The height of the proposed garage is less than the existing height of the Municipality of Clarington Committee of Adjustment A2022-0025 Page 8 principal residence. The proposed garage conforms with all provisions in the zoning by- law 84-63 with the exception of the side yard setback. 6.11 The location of the proposed attached garage is currently occupied by a temporary carport (see Figure 4). While the proposed garage will reduce the side yard setback on the west side, adequate yard requirements will be maintained within the side yard along the east side. 6.12 For the above stated reasons, it is staff's opinion that the minor variance requested is desirable for the residential use of land and building. n'• :ai�,W�Y�K9i1�AMpIdi r � Figure 4 - Proposed location of the attached garage to replace the exiting temporary carport. Municipality of Clarington Committee of Adjustment A2022-0025 Page 9 --;� uuu o s? J I EI I NkO11I�cr• A�IGmOP. I. u.Jo-,J r "- FP,0W- FLEE TION Figure 5 - Front facade elevation showing proposed attached garage on west side. Minor in Nature 6.13 The applicant states that the garage is intended to be used exclusively for the storage of personal goods and will not contain an apartment or be used for gain or profit. 6.14 The proposal will not have any detrimental impacts on the surrounding properties since the lot is relatively large and well setback from the property lines. The garage elevations show a reduction in height in comparison to the principal dwelling, complimentary to the rooflines of the existing dwelling and would be considered desirable 6.15 Clarington Public Works has no concerns regarding stormwater management with the proposal. 6.16 No objections have been received from the Public or circulated agencies. There are no technical reasons to reject the proposal. 6.17 For the above stated reasons, it is Staff's opinion that the proposed increase to the permitted deck projection 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. Municipality of Clarington Committee of Adjustment A2022-0025 10 Page 7.2 Given the above comments, Staff recommends approval of the subject application for a Minor Variance to Section 12.2 d. iii) a) of Zoning By-law 84-63 to facilitate the construction of an attached garage by decreasing the permitted side yard setback from 1.2 metres to 0.66 metres. Submitted by: Amanda Tapp, Acting Manager Development Review Branch Staff Contact: Tyler Robichaud, Planner 1, (905) 623-3379 x2420 or TRobichaud@clarington. net.