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Home My WebLink AboutA2022-0021 3340 Concession 8 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: A2022-0021 Address: 3340 Concession Road 8, Leskard Report Subject: To facilitate the construction of a new Additional Dwelling Unit in an accessory structure by decreasing the permitted interior side yard setback from 1.8 metres to 0.61 metres and increasing the permitted maximum heiaht from 6.5 metres to 6.6 metres. Recommendations: That the Report for Minor Variance Application A2022-0021 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2022-0021 for minor variances to Section 4 f. ii. b) and Section 4 f. ii. d), of By-law 2021-82 as amended in Zoning By-law 84-63, to facilitate the construction of a new Additional Dwelling Unit in an accessory structure by decreasing the permitted interior side yard setback from 1.8 metres to 0.61 metres and increasing the permitted maximum height from 6.5 metres to 6.6 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 1.1 Owner(s)/Applicant: Pauline Wells Page 2 1.2 Proposal Minor variances to Section 4 f. ii. b) and Section 4 f. ii. d), of By- law 2021-82 as amended in Zoning By-law 84-63, to facilitate the construction of a new Additional Dwelling Unit in an accessory structure by decreasing the permitted interior side yard setback from 1.8 metres to 0.61 metres and increasing the permitted maximum height from 6.5 metres to 6.6 metres 1.3 Area of Lot: 4124.2 square metres 1.4 Location: 3340 Concession Road 8, Leskard (see Figure 1) 1.5 Legal Description: Part Lot 32, Concession 8, Former Township of Clarke, 3340 Concession Road 8, Leskard 1.6 Zoning: "Agricultural Exception (A-1) Zone", "Residential Hamlet (RH) Zone" and "Environmental Protection (EP) Zone" of Zoning By- law 84-63 1.7 Clarington Official Plan Designation: 1.8 Durham Region Official Plan Designation: Hamlet and Environmental Protection Hamlet 1.9 Heritage Status: None Municipality of Clarington Committee of Adjustment A2022-0017 Paae 3 Property Location Map a eskard} .... �.pe. kF - Area Subject To Minor Variance 3340 Concession Road 8 Quruce eat -{-; Newcastle /� '] "� %�/] __ •_ %� P7202 -0027 Lreke Ontario Figure 1 — Location Map Municipality of Clarington Committee of Adjustment A2022-0017 1. Background Page 4 1.1 On May 31, 2022, the applicant contacted the Planning & Development Services Department to inquire about the Minor Variance process, and whether a new Additional Dwelling Unit (ADU) in an accessory structure would be permitted with a reduced interior side yard setback. 1.2 It was determined through consultation with Staff, that the proposed ADU within an accessory structure did not comply with the Zoning By-law and that a Minor Variance would be required. 2. Land Characteristics and Surrounding Uses 2.1 The subject property is located at 3340 Concession Road 8, Leskard, which is east of Mosport Road and west of Leskard Road (see Figures 1 and 5). The lot is approximately 572.28 square metres. 2.2 The surrounding uses to the immediate north, south, east, and west are residential. Wilmot Creek runs through the property in an east -west direction. 3. Public Notice and Submissions 3.1 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. 3.2 Staff did not receive any inquiries regarding the distributed public notice. 4. Departmental Comments 4.1 The Infrastructure Division of Public Works has no concerns with this application, provided the grading/drainage pattern within the lot is not altered. A grading plan must be submitted that shows a functional drainage swale located between the proposed structure and the west property line that prevents runoff from discharging to the adjacent property. The Grading Plan must confirm that there are no adverse effects to any neighbouring properties and all runoff is contained within the site. 4.2 The Central Lake Ontario Conservation Authority has no concerns with this application. 4.3 The Building Division of Planning and Development Services has no concerns with this application. A building permit is required regarding the engineering and construction of all internal and external works and services related to this proposal. 4.4 Clarington Emergency and Fire Services Department has no fire safety concerns with this application. Municipality of Clarington Committee of Adiustment A2022-0017 5. Discussion Paae 5 Conformity with the intent and purpose of the Regional and Clarington Official Plans 5.1 The subject property is designated "Hamlet" in the Durham Regional Official Plan. Within the Clarington Official Plan, the subject property is designated "Hamlet" and "Environmental Protection". The proposed ADU is to support the residential use of the property by providing opportunities and to promote a more compact settlement form within the built boundaries of the Municipality. The proposed new ADU supports rural population growth targets for rural settlement areas. 5.2 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 5.3 Within the Comprehensive Zoning By-law 84-63, as amended, of the former Town of Newcastle, the subject property is partially "Agricultural Exception (A-1)", "Residential Hamlet (RH)" and "Environmental Protection (EP)" Zone. The proposed residential use is within the rural residential zone which would permit the height of the ADU in an accessory structure to be up to 6.5 metres as per Section 4 f. ii. d) of By-law 2021-82 as amended in Zoning By-law 84-63. The proposed ADU is also in a hamlet, which would permit the potential for two ADUs an one property being in the main dwelling and other in an accessory structure. 5.4 The purpose of the putting the ADU in the new accessory structure is keeping with the definition of an ADU, which is defined in Section 3. b) as "a self-contained dwelling unit within a permitted residential dwelling or an accessory building to the principal residential building on the same lot". The purpose of the ADU is to have the family live on the same property. The proposed ADU is not on lands zoned "EP" and will be constructed on an existing driveway, in close proximity to the main dwelling (See Figures 2, 3 and 4). Since the proposed ADU will comply with all other By-law requirements, Staff believe that the proposed reduction in the interior side yard setback and proposed height is minor in nature. 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 5.5 The appropriate development for the subject property is residential. The proposed ADU does not appear to have any negative impacts on the neighbourhood and would improve the residential use of property for the current owner and future owners by having a second unit on the property for family members or for renting (see Figure 2, 3 and 6). The proposed ADU is also desirable for the appropriate development within a hamlet because it promotes Clarington's Official Plan and Durham Region's Official Municipality of Clarington Committee of Adiustment A2022-0017 Page 6 Plan by providing housing opportunities and innovations in the rural areas without significant impacts on services and the character of the area (see Figure 5). 5.6 The rationale provided for the need to reduce the permitted interior side yard setback of 1.8 metres to 0.61 metres is because the existing driveway is immediately adjacent to the septic field. The proposed ADU would be located on the existing parking area and would narrow the driveway. Widening the driveway further east, would encroach into the septic field. (See Figure 3 and 4). The proposed location for the ADU is currently used for vehicle parking, which will now be located within the proposed detached garage on the ground level with an ADU above. 5.7 The purpose for the increase in the permitted height from 6.5 metres to 6.6 metres is because of the finished surface of the ground and to accommodate an ADU above the proposed parking space on the ground floor of the accessory structure (see Figures 4 and 5; Attachment 1). The lot is heavily wooded and the vegetation screens the property from view on abutting properties, which protects privacy concerns (see Figures 4 and 5). The proposed location would not appear to present any negative impact on the adjacent properties (see Figures 4 and 5). 5.8 No objections to the proposal have been received from members of the public at the time of writing this report, including any privacy concerns. The proposed ADU complies with all other zoning provisions of By-law 2021-82 as amended in Zoning By-law 84-63 5.9 For the above stated reasons, it is in staff's opinion that the minor variance requested is desirable for the residential use of the land and is desirable for the appropriate development within hamlets. Municipality of Clarington Committee of Adjustment A2022-0017 Page 7 E mom 80LADARY rNFORMABON SHOWN HEREON IS IN ACCOF90ANCE WITH SURVEY GONE WY IVAN & YUYIACE C.L.S. LTC. DATED: PAY a. 2002 [PROJECT NGHBER %-012dTP-tDT G2] UG f SLUE OUTUNE IS THE PROPOSED LOCATION OF BNLDM BY OWNER wiLL NEED A vhRvME. AS IT IS 2' mom IYESI PROPERTY BOUNDARY. IT E NCEIN THEROP STHEONCE IN THE PROPOSED BUILDING 5k N WfM RESPECT TO CFMINGTON'S ZONING REG41JOMNS. THIS OUTLINE IS +1-jA B4 FROLI THE %ESf IHfEPIOR y M1 J J,} PROP£Rtt EDGE. IAi slTe srAnsncs '. nxaacauuwNu7 I�w � w try 1 l FA, 1Ir�.^ I a.nerb.""°` A 10) Figure 2: Site Plan Drawing showing the proposed ADU in an accessory structure in proximity to the septic field bed. The proposed ADU is approximately 6m from the existing septic bed. Municipality of Clarington Committee of Adjustment A2022-0017 Page 8 [PUNDARY NOTL BOUNDW INFORkRION SHOWN HEREON IS IN AMORawNCE WWII SURLY DONE 87 WM B. WALIACE O-L& LTO. 0A1E Dh MAY 8, 2002 (PROJECT RWBER 5-6124TP—LOT 32) WSHEO OU41NE IS THE PROPOSED LOCATION OF BUILDING RY OMEN, THS WkL NEED A V RIANC£, AS IT I$ OAIM FROM NEST PROPERTf aOUNDAITY NA THE CURRENT SET BACK AS PER THE Q tCIPALrFY OF CIARINOTON'S I 1141G REGULATIONS 6 1.$m FROM THE WEST 1HTEPoOR PROPERTY EDGE. SITE STA75TICS 108.9E TOTU s earn 1 f SNOLE FmILY HOVE SIZE 150.3v r PROPOSED GWME/LOFT 117.3m' BOLDw9 OU.ERAGE 9.79 b.7m ORRENt 401 SQ.N 41242m' $07,59 CUIRW LOT COaBRAOE 150.3,? S.ai E�(ISTING 2 PROPOSED LOT COWRAGE 267.6m' am STOREY SINGLE I WITH ADDED GQUK/LOFT 1 FAMILY owl y�i' CwxNOON'S ALLOWABLE Sox �I 10.73B +U LOT CMRACE BDI01149 HEIMT (RSA#) AS 16.5-/34.4I1 PER CL INGTGN ROFOS PKPOS£9 BDILDIA� HF1Sw 24.Wt LOFT/ 10+. TOTAL PROPOSED PAp1(INC 3 ,AFAC L 103.07 E 1O .66 v tat. a i HO 12 I. 99.99 AaUI A Pauline WeIIS Garage wish Apadmenl Alm Proposed Garag&UR (j_�j� 1Y0 :rr.wnae A L��w ev ILA , - A100 zt. .. 0 Figure 3: Site Plan Drawing showing the proposed ADU within an accessory structure and the existing narrow gravel driveway. Municipality of Clarington Committee of Adjustment A2022-0017 Page 9 Municipality of Clarington Committee of Adjustment A2022-0017 Page 10 Figure 4: Photos showing existing narrow gravel driveway, location of existing septic field bed, and the proposed location for the ADU within an accessory structure. Municipality of Clarington Committee of Adjustment A2022-0017 F u. ai'- IVA Figure 5: Aerial photo of subject property. Minor in Nature Page 11 5.10 The purpose for the reduction in the permitted interior side yard setback of 1.8 metres to 0.61 metres is minor in nature because the proposed ADU encroaches onto an existing narrow driveway which would interfere with the septic field bed on the other side of the driveway (see Figures 2 and 3). The purpose for the increase in the permitted height from 6.5 metres to 6.6 metres is because of the levelness of the finished surface of the ground and to accommodate an ADU above the proposed parking space on the ground floor of the accessory structure (see Figure 3; Attachment 1). The proposed ADU will not overwhelm any adjacent properties since the ADU in an accessory structure is compliant with the other zoning regulations and is not reducing the privacy of abutting lots (see Figures 4 and 5). 5.11 No objections have been received from the Public or circulated agencies. There are no technical reasons to reject the proposal. 5.12 For the above stated reasons, it is Staff's opinion that the proposed decrease to the permitted setback is minor in nature. 6. Conclusion 6.1 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 Adiustment A2022-0017 Paae 12 6.2 Given the above comments, Staff recommends approval of the subject application for a Minor Variance to Section 4 f. ii. b) and Section 4 f. ii. d), of By-law 2021-82 as amended in Zoning By-law 84-63, to facilitate the construction of a new Additional Dwelling Unit in an accessory structure by decreasing the permitted interior side yard setback from 1.8 metres to 0.61 metres and increasing the permitted maximum height from 6.5 metres to 6.6 metres. Submitted by: Amanda Tapp, Acting Manager Development Review Branch Staff Contact: Jacob Circo Interested Parties: Pauline Wells