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Home My WebLink AboutA2022-0037 Comments - 8 Jane Street.pdf • �� 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: September 28, 2022 File Number: A2022-0037 Address: 8 Jane Street, Bowmanville Report Subject: A minor variance application to facilitate the construction of a detached garage by increasing the permitted maximum height from 4 metres to 4.5 metres and by increasing the permitted maximum total floor area for accessory structures from 60 square metres to 80 square metres. Recommendations: 1. That the Report for Minor Variance Application A2022-0037 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2022-0037, for Minor Variances to Section 3.1.c of Zoning By-law 84-63 to facilitate the construction of an accessory structure (detached garage) with a height of 4.5 metres and a total floor area for accessory structures of 80 square metres, be approved subject to the following condition being completed: i. That the owner demolish the current accessory structure (shed) on the property 90-days from issuance of the building permit for the proposed accessory structure indicated on the site plan. 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; 4. That all interested parties listed in this report be forwarded a copy of the Committee's decision. Municipality of Clarington Committee of Adjustment A2022-0037 Page 2 1 . Application Details 1.1 Owner/Applicant: Quinton Hockney 1.2 Proposal: To permit an accessory structure (detached garage) with a height of 4.5 metres and a total floor area of 80 square metres. 1.3 Area of Lot: 1118.08 metres square 1.4 Location: 8 Jane Street, Bowmanville (See Figure 1) 1.5 Legal Description: Part of Lot 10, Concession 1, Former Township of Bowmanville 1.6 Zoning: "Urban Residential Type One (R1) Zone" in Zoning By-law 84-63 1.7 Clarington Official Plan Designation: Urban Residential 1.8 Durham Region Official Plan Designation: Living Areas 1.9 Heritage Status: None 1.10 Services: Municipal Services Municipality of Clarington Committee of Adjustment A2022-0037 Page 3 �g 19 16 21 �$ _ 22 � 23_ � —2Q ¢ 2 4 �� 5 �2 � �s ' 6 — � _ �1 $ �� 27 ~ 24 I�� 23 1❑ � �N � ! c� oo � cv � ao o �y � __1�_ ��_ � N I ni cv � r� � r� r� � � � 25 - � �� PRIN�E STREET 27 �' ''� rr' � � �I �� c� I �n r� rn I �n u7 I �, 29 � =� r � + � cy r� i c� r� "�' r� r� � �+ � � � � _ � � d � � � 31 � � + : I�� I — . a 33 � I . 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Background 2.1 The applicant is requesting a minor variance to increase the maximum permitted height for an accessory building (detached garage) from 4 metres to 4.5 metres and to increase the total maximum permitted floor area for accessory buildings from 60 square metres to 80 square metres. There is currently a single detached dwelling and accessory structure (shed) on the subject lands. As a condition of this minor variance application the property owner will demolish the current accessory structure (shed) 90- days from issuance of the building permit for the proposed accessory structure indicated on the site plan. 2.2 The applicant has indicated that they require the increase in height and floor area for additional storage of personal items. If granted, the application would permit a larger detached garage on the subject lands as an accessory use to the permitted single detached dwelling. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located on the north side of Jane Street, east of Liberty Street, and west of Simpson Road. 3.2 The surrounding uses include single detached dwellings including accessory structures to the south, east, and west, and the Bowmanville East Urban Centre further to the north. Municipality of Clarington Committee of Adjustment A2022-0037 Page 5 , ��L�9z�+ S�o� 2:s _' • �` � _ , z h � - � Kl1JG STftEEF_ . _ _ I. ..G�� 195 } � _ �,. '267 w - - - - 1� r w 2.1� _ _ . y W 3 .. b � a ,� ' {; � � zas - �� ;�' _�s - � a . s w , w � !�, �—�-3 � " — _ �; s i- ^ r ' . � , � � �� , ,.� _ 185 , � _ ' ,v �19,�2:1 .�-7Le1 �. �� ;�ti, _ ' � - a � �;�- "��, • � ! �' , '� - � - 6 �c . %� � � ��- _ a= _ , � - - • �� + ' . ] 5! ,i 9 .� ,� � - s. _ _- � 1; � 21 qUE4ra5�li�E- 1 1d � �� '- � � � � � . ;�g � - r►,►r l� r.3�e ��f . . r r .1� + i a �.. '. '•. 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'� • ;e �37 � , . $��T - .0 ��$ 1 fi• 1.1 1 2 1� $ ` . ��, d'� 39 - 5 }d . � 62. 6 . - �*NESikEET q �i � ' � 11 �7 •37 ��1 .�c _i��s� 5: ��1 .19 st3 '11 �9 �42 . 36 s _ �;L ' _ ` _ ! �� . a- � l& 5� 7� �7q � L� � � . �.►ti �� l:F � � � r, �� +,a� 15 �'�7;i � .as�i j - ±7 1 ' 412 � - ��S �� f � ' t 7,.r` . .'� � _ , -36 ' � „yw�' � $9 ' '�A.R I� .J'+ � :�� '� 'S � ` 6 x , _S$ s d 7fi �7 � d .. i•� . .. � r.. � ;1 � #' - � � 2d � �� -'�r Y 9 � � �0 r � ` , „ ' S' _ r' , . '} 21 � � � -' � " 55 �Y _ _ 4 4 • y: ' �SS . � 11 �9 �_ S . ' �r� �Y �0 ' .15 }� � S 5S r � � . ��i . 1i� �- . . -� ir .1 1 f _ _ .-�; 5� 4.1 3?. �t7��_� 1k � _ i _ Sn � A i- 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 As of the writing of this report, Staff did not receive any enquiries regarding this application. Municipality of Clarington Committee of Adjustment A2022-0037 Page 6 5. Departmental and Agency Comments 5.1 The Development Engineering Division of the Planning and Infrastructure Services has no concerns with this application. 5.2 The Infrastructure Division of the Planning and Infrastructure Department has no concerns with this application. 5.3 The Building Division of Planning and Infrastructure Services has no objection. 5.4 Clarington Emergency and Fire Services Department has no fire and safety concerns. 6. Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 6.1 The subject property is designated "Living Areas" in the Durham Region Official Plan and "Urban Residential" in the Clarington Official Plan. 6.2 "Living Areas" are primarily intended to be used for housing purposes. Residential uses are permitted, as well as associated accessory buildings in both the "Living Areas" designation of the Regional Official Plan and within the "Urban Residential" designation of the Clarington Official Plan. 6.3 The proposed detached garage is accessory to the principal use and is in conformity with the intent and purpose of the Durham Region and Clarington Official Plan. Conformity with the intent and purpose of the Zoning By-law 6.4 Within the Comprehensive Zoning By-law 84-63, the subject property is currently zoned Urban Residential Type One (R1) which permits a single detached dwelling and associated accessory structures. Accessory structures on lots less than 2 hectares are to follow the General Zone Provisions in Section 3.1.c. of Zoning By-law 84-63. 6.5 The applicant is requesting to increase the maximum permitted height of an accessory building from 4 metres to 4.5 metres and to increase the maximum permitted total allowable accessory floor area from 60 square metres to 80 square metres. The intent of the maximum height and floor area for accessory structures is to ensure that there is sufficient open space for drainage, that the accessory building remains secondary to the principal use of the lands, and to prevent potential conversions of the buildings to other uses which are not permitted in the Urban Residential Type One (R1) Zone, such as commercial or industrial uses. 6.6 The property currently supports a single detached dwelling. The applicant has indicated that the increase in floor area and height requested would be used for additional storage space. Municipality of Clarington Committee of Adjustment A2022-0037 Page 7 6.7 The proposed garage will be 80 square metres, or 7.0 percent of lot coverage. This allows for ample outdoor amenity space and space for drainage. 6.8 The proposed detached garage would remain relatively ancillary to the single detached dwelling in terms of size and does not appear to have the potential to be used for large scale commercial or industrial activities. �� u n vi �.h2 __�- f.2'J. . - 4� _� a F':Y�!'U'Ep � .•CNP�L_j,' �-- N 0 � � � a � � �.n � 5.n� � � 9P.5 �Drw. _ ___'_'_ _ PLhV N7. i[T/�N�F 8C]1.1.YN'L�C u aryr�L11YP`0..vr>Y•r[*i CXSPhY �" irii'7c�'.C: �' _ � �%N:A-•36�1 F f• rcax f�{n•aRn Wi CP 10-k[!'!Df M'NllLIO�.EV iOx.igbY'Y• '__' rnaoseo�casrcurcu.qn�-eenrr- u . Ek¢i ..ir,�sr S�kCGr' ��-r �� :Pd_i=: I:'�CJQ Figure 3 — Site Plan of Proposed Detached Garage and Dwelling 6.9 For the above stated reasons, it is Staff's opinion that the application is in conformity with the intent and purpose of the Zoning by-law. Municipality of Clarington Committee of Adjustment A2022-0037 Page 8 Desirable for the appropriate development or use of the land, building or structure 6.10 The permitted use for the subject property is residential. The proposed detached garage does not appear to have any negative impacts on the neighbourhood and would improve the usability of the property for the current owner. 6.11 The proposed detached garage on the subject property will be setback from the road by approximately 8.5 metres. The proposed accessory structure fits with the neighbourhoods' character and will have minimal impact on surrounding land uses. Furthermore, it would provide a space to contain any personal items that may otherwise be stored outdoors. 6.12 For the above stated reasons, it is Staff's opinion that the minor variance requested would be desirable for the development and use of land, building or structure. The proposal would be appropriate for the lands and not be detrimental to the surrounding area. Minor in Nature 6.13 In order to determine if an application is minor, the concept needs to maintain a flexible approach, and relates to the assessment of the significance of the variance to the surrounding circumstances and to the terms of the existing By-law. It is understood that an interpretation must be based on the unique circumstances of each application. 6.14 An increase in the height from 4 metres to 4.5 metres and an increase in the maximum total floor area for accessory structures from 60 square metres to 80 square metres does not significantly depart from the provisions contemplated in the by-law. There are no anticipated negative impacts to surrounding land uses. The design of the detached garage appears to remain accessory to the principal dwelling in terms of scale and residential use of the subject lands. It does not significantly alter the use of the land. As well, the lot coverage of the proposed accessory structure will be 7.0 per cent, which is below the 10.0 per cent maximum required by the by-law. 6.15 It is Staff's opinion that the proposal is minor in nature as it does not significantly change the use of the land and it is a slight increase to the permitted provisions of the zoning by-law to allow for extra storage space for personal items. 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 application for a minor variance to Section 3.1 c. of Zoning By-law 84-63 to permit an accessory structure Municipality of Clarington Committee of Adjustment A2022-0037 Page 9 (detached garage) with a height of 4.5 metres and a total floor area for all accessory structures of 80 square metres, subject to the following condition to be completed: i. That the applicant/owner demolish the current accessory structure (shed) on the property 90-days from issuance of the building permit for the proposed accessory structure indicated on the site plan. i Submitted by: � -- . - _. I� ,� � ,- � YY' �� r � �(,; «.1,:''. --�':..'r� Amanda Tapp `� Acting Manager, Development Review Staff Contact: Sarah Parish, Planner II Interested Parties: The following interested parties will be notified of Committee's decision: x Quinton Hockney