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Planning and Development Services
Committee of Adjustment
5 51f 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: A2022-0040
Address: 8 & 10 Elgin Street, Bowmanville
Report Subject: To facilitate the construction of an addition to a semi-detached dwelling by
increasing the rear yard stair projection from 1.50 metres to 2.77 metres,
leaving a 4.73 metre rear yard setback, in addition to reducing the
permitted minimum rear yard setback from 7.5 metres to 5.57 metres, and
by increasing the maximum permitted lot coverage from 35% to 38.66%.
Recommendations:
1. That the Report for Minor Variance Application A2022-0040 be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application A2022-0040 for Minor Variances to Sections 3.1.g.v), 12.2.d.iv), and
12.2.1.c.ii.b), of Zoning By-law 84-63, to facilitate the construction of an addition to a
semi-detached dwelling by increasing the rear yard stair projection from 1.50 metres
to 2.77 metres, leaving a 4.73 metre rear yard setback, in addition to reducing the
permitted minimum rear yard setback from 7.5 metres to 5.57 metres, and by
increasing the maximum permitted lot coverage from 35% to 38.66%, be approved
subject to the following conditions being completed prior to the issuance of the
building permits for the subject property:
i. Preservation of the mature tree in the front yard and the site plan should be
revised to provide a detail of the hoarding that will be used to protect the tree;
ii. That the applicant continue to work with Planning Staff to ensure the proposed
elevations are consistent with the architectural design of the physical character of
the established neighbourhood while making efforts to preserve the heritage
significance of the existing semi detached building, as set out in Section 5 of this
report. The buildings shall be subject to architectural controls subject to the
satisfaction of the Director of Planning and Development,
Municipality of Clarington
Committee of Adjustment A2022-0040 Page 2
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 A2022-0035 Page 3
1 Application Details
1.1 Owner(s)/Applicant: Jy Maud Inc./Intequa Designs
1.2 Proposal Minor Variances to Sections 3.1.g.v), 12.2.d.iv), and
12.2.1.c.ii.b), of Zoning By-law 84-63, to facilitate the
construction of an addition to a semi-detached dwelling by
increasing the rear yard stair projection from 1.50 metres to
2.77 metres, leaving a 4.73 metre rear yard setback, in addition
to reducing the permitted minimum rear yard setback from 7.5
metres to 5.57 metres, and by increasing the maximum
permitted lot coverage from 35% to 38.66%.
1.3 Area of Lot: 568.03 square metres
1.4 Location: 8 & 10 Elgin Street, Bowmanville (see Figure 1)
1.5 Legal Description: Part Lot 12, Concession 1, Former Township of Darlington, 8 &
10 Elgin Street, Bowmanville
1.6 Zoning: "Urban Residential Type One (R1) Zone" of Zoning By-law 84-
63
1.7 Clarington Official Plan Urban Residential
Designation:
1.8 Durham Region Official Living Areas
Plan Designation:
1.9 Heritage Status: Secondary on Clarington's Cultural Heritage Resources List
Municipality of Clarington
Committee of Adjustment A2022-0040 Page 4
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Figure 1 — Location Map
Municipality of Clarington
Committee of Adjustment A2022-0035 Page 5
2 Background
2.1 The applicant applied for building permits for 8 & 10 Elgin Street on April 6, 2022. The
original site plan with the building permit applications proposed an addition to the semi-
detached dwelling, which involved adding new decks, and removing the existing
detached garage for an attached garage. From a review of the original site plan, front
yard soft landscape, side yard setback, and lot coverage did not conform to the zoning
provisions of the Neighbourhood Character Overlay in Section 12.2.1, the rear yard
stair projection did not conform to Section 3.1.g.v), and the rear yard setback did not
conform to the zoning provisions of the "R1 Zone" as per 12.2.d.iv) in Zoning By-law
84-63. Staff conducted a character analysis of the lands surrounding the subject site,
which found that a significant number of surrounding property's lot coverages in the
area average just over 22% and semi-detached dwellings in the neighbourhood do not
exceed 34%. Planning Staff found that garages in the neighbourhood are not typical,
where they do exist, they are primarily detached and found in the rear yard. Building
materials are predominately brick, while siding is also found. Stone is a material
typically found at the base of the dwellings (see Figure 2). The property is identified on
our Cultural Heritage Resources List as a Secondary property and the original design
was not consistent with what is found in the neighbourhood through the neighbourhood
character study.
2.2. Working with the applicant, the proposed design was able to get the front yard soft
landscape, and the side yard setback to comply with the zoning provisions of the
Neighbourhood Character Overlay. The revised design required minor variances for lot
coverage for a semi-detached dwelling, rear yard setback and the rear yard stair
projection. Planning staff were satisfied that the revised design was consistent with the
urban design of the neighbourhood.
Municipality of Clarington
Committee of Adjustment A2022-0040 Page 6
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Neighbourhood Lot Coverage
24 Parcels
yo,� 22.2% Average Lot Coverage
FysrR 22.2% with Outlier Removal
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Figure 2: Results from Planning Staff's Neighbourhood Character Study with respect to lot
coverage
2.3 On August 23, 2022, the applicant submitted a minor variance application seeking
variances for lot coverage for a semi-detached dwelling, rear yard setback and the rear
yard stair projection.
3 Land Characteristics and Surrounding Uses
3.1 The subject property is located at 8 & 10 Elgin Street, Bowmanville, which is northwest
of Wellington Street and south of Concession Street (see Figure 1). The lot is an
irregular shape with a lot area is 568.03 square metres, with a lot frontage of 21.79
metres, an approximate depth of 27.16 metres on one side and 29.16 metres on the
other side, and a rear lot line of 18.71 metres (see Figure 3).
3.2 The surrounding uses to the immediate north, south and west are residential. The
Central Public School is to the immediate east.
Municipality of Clarington
Committee of Adjustment A2022-0040 Page 7
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 At the time of writing this report, Staff received no inquiries or objections regarding this
application.
5. Departmental Comments
5.1 The Development Engineering Division has no concerns with this application.
5.2 The Building Division has no concerns with this application.
5.3 Clarington Emergency and Fire Services Department has no fire safety concerns with
this application.
5.4 The Community Planning Branch of the Planning & Development Services has
provided the following architectural design and heritage comments for this application.
The architectural design and cultural heritage comments have been added as
conditions to the minor variances, to be applied prior to the issuance of the building
permits, to ensure consistency with Section 5 and 8 of the Official Plan and the
Neighbourhood Character Overlay (See the Attachment that shows Planning Staff's
comments on a mark-up of the elevations):
a) Cultural Heritage and Urban Design:
The property located at 8 Elgin Street is identified as Secondary on Clarington's
Cultural Heritage Resources List and is subject to the Celebrating our Cultural
Heritage in Section 8 of the Clarington Official Plan. In accordance with the Official
Plan where a cultural heritage resource is recognized on the Cultural Heritage
Resources List, the Municipality shall require redevelopment and infill buildings in
existing built-up areas to be compatible and consistent with the surrounding
buildings and streetscape in terms of building materials, height, width, scale, colour,
setback and design including windows, doors and roof lines.
A goal of the Urban Design policies of the Official Plan is to create a built
environment that promotes a positive image of the Municipality with high quality
architectural design and materials. The policies direct redevelopment in established
neighbourhoods to be designed to respect and reinforce the physical character of
the established neighbourhood with regard to building types of nearby properties.
It is suggested the proposed drawings be revised to provide the following items to
be consistent with the character that is found in the neighbourhood (See the
Attachment that shows Planning Staff's comments on a mark-up of the
elevations).
b) Wall Cladding:
Municipality of Clarington
Committee of Adjustment A2022-0040 Page 8
The front fa�ade brick cladding should be used on all elevations of the semi-
detached dwelling. Material changes that help to articulate the building should be
incorporated. This can be achieved with a stone base and the use of accent brick
for banding on the middle and top of the building, as well as introducing brick
quoining detailing. Material and colour samples of all the materials to be used
should be provided for approval of Planning Staff.
c) Windows:
All windows of the semi-detached dwelling should have a consistent window
surrounds treatment. Windows located on dinner/living and bedroom areas should
be designed with taller/wider opening to optimize natural light.
d) Utility and Service Elements:
Utilities and service elements shall be designed to be recessed or screened.
No air conditioning units are permitted in the front of the semi-detached dwelling
and if located on the interior yards they shall be screened with landscaping.
e) Existing Mature Tree:
The site plan shows that the existing tree will remain. The site plan should provide a
detail of the hoarding that will be used to protect the tree.
fi� Proposed Detached Garage:
The proposed single-storey detached garage proposed to be located at rear of the
property and away from the street is acceptable and addresses the previous
comments. However, a stone base should be provided to tie the design to that of
the dwelling.
6 Discussion
Conformity with the intent and purpose of the Regional and Clarington Official Plans
6.1 The lands are designated Living Areas in the Durham Region Official Plan and Urban
Residential in the Clarington Official Plan. Both the Regional and Clarington Official
Plans permit the residential use of the property. Clarington's Official Plan requires
development to respect and reinforce the physical character of an established
neighbourhood.
6.2 Urban design and cultural heritage comments were provided as part of the review for
conformity with Section 5 and 8 of our Official Plan (Refer to Figure 4). To ensure the
architectural design of the semi-detached dwelling is consistent with physical character
of the neighbourhood, conditions have been put on the minor variances (Refer to the
Recommendations Section of this report).
Municipality of Clarington
Committee of Adjustment A2022-0040 Page 9
6.3 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
6.4 Within the Comprehensive Zoning By-law 84-63, as amended, the subject property is
zoned "Urban Residential Type One (R1)" in Zoning By-law 84-63 and within the
Neighbourhood Character Overlay of the "R1 Zone". In July 2020, Council approved
an amending by-law to add Section 12.2.1 Character Area Overlay to Zoning By-law
84-63. This amending by-law implemented the Bowmanville Neighbourhood Character
Study (Refer to PSD-015-20). Section 7.12 of PSD-015-20 makes it clear that review
of a proposed Minor Variance application will considers four tests spelled out by the
Planning Act, which includes conformity with the policies of the Official Plan and the
intent of the Zoning By-law regulations. The proposed zoning by-law regulations have
been crafted to reflect neighbourhood character. Where the zoning regulations cannot
be complied with, a minor variance application could be applied for. A character
analysis demonstrating how the proposed development will be compatible with the
existing neighbourhood character would be required. Planning Staff conducted a
character analysis of the surrounding neighbourhood prior to having the applicant
submit a minor variance application.
6.5 The character analysis found the lands surrounding the subject site, that a significant
number of surrounding property's lot coverages in the area average just over 22% and
semi-detached dwellings in the neighbourhood do not exceed 34%. Part of the outliers
as indicated in yellow in Figure 2 consisted of two single detached dwellings and a
semi-detached dwelling. The semi-detached dwelling at 34 & 36 Silver Street consisted
of a lot of area of 476.04 square metres and a lot coverage of 162.33 square metres,
leaving a lot coverage of 34.10%. The lot area for 34 & 36 Silver Street has a lot
coverage of 34.10% because the lot area is smaller than the required minimum lot area
of 550 square metres in the "R1 Zone". Conversely, the lot area of 8 & 10 Elgin Street
is 568.03 square metres, which exceeds the minimum lot area of the "R1 Zone" (see
Figure 3). However, the proposed lot coverage exceeds the minimum required
coverage of 35% in the Neighbour Character Overlay within the "R1 Zone" because of
the irregular shape of the lot (see Figure 3). It is in staff's opinion that the proposed
increase in lot coverage maintains the intent and purpose of the Zoning By-law and is
consistent with the neighbourhood character of the surrounding subject property.
Municipality of Clarington
Committee of Adjustment A2022-0040 Page 10
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Municipality of Clarington
Committee of Adjustment A2022-0040 Page 11
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Figure 4: Front Elevation Drawing showing the proposed semi-detached dwellings fronting
Elgin Street, Bowmanville
6.6 The existing semi-detached dwelling has legal non-conforming status when it comes to
the rear yard setback and rear yard projection. For instance, the existing rear year
setback to the semi-detached dwelling is 6.25 metres (20.5 feet) and the existing year
projection of the deck exceeds the 1.5 metre projection into the rear yard setback (see
Figure 5). However, adding an addition to semi-detached dwelling would further reduce
the rear year setback and rear yard projection (see Figure 3). The proposed rear yard
setback to the semi-detached dwelling would be 5.57 metres from the required
minimum rear yard setback of 7.5 metres and the proposed rear yard stair projection
would go from 1.50 metres to 2.77 metres, leaving a 4.73 metre rear yard setback. It is
in staff's opinion that the proposed reduction to the rear yard setback and rear yard
stair projection is a result of the irregular shape of the lot and the proposed reduction
does not significantly change what is already existing. It is in staff's opinion that the
proposed reduction in the rear yard setback and rear yard stair projection maintains the
intent and purpose of the Zoning By-law and is consistent with the neighbourhood
character of the surrounding subject property.
Municipality of Clarington
Committee of Adjustment A2022-0040 Page 12
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Figure 5: Existing Plan of Survey of the property (see existing rear yard setback of 6.25
metres (20.5 feet) highlighted in yellow).
6.7 For the above reasons, it is in staff's opinion that the proposed increase in lot
coverage, and proposed reduction in the rear yard setback and rear yard stair
projection maintains the intent and purpose of the Zoning By-law. It is also consistent
with the neighbourhood character of the surrounding subject property.
Desirable for the appropriate development or use of the land, building or structure
6.8 Zoning By-law 84-63 permits semi-detached dwellings in the "R1 Zone" and the
Neighbourhood Character Overlay within the "R1 Zone" provides provisions to ensure
new development is compatible with the existing development in existing older
neighbourhoods. The proposal meets a majority of the zoning provisions of the
Neighbourhood Character Overlay in the "R1 Zone" and will reinforce many of the
dominant characteristics of the streetscape along Elgin Street. Conditions have been
placed on the minor variances to ensure that the architectural design and cultural
heritage of the proposed design is consistent with Sections 5 and 8 of the Official Plan.
Municipality of Clarington
Committee of Adjustment A2022-0040 Page 13
6.9 No concerns regarding privacy have been raised by members of the public.
6.10 For the above stated reasons, it is in staff's opinion that the minor variance requested
is desirable for the residential use of land and building.
Minor in Nature
6.11 For the above stated reasons, it is Staff's opinion that the proposed increase in lot
coverage to the permitted lot coverage and decrease to the permitted rear yard
setback and rear yard stair 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.
7.2 Given the above comments, Staff recommends approval of the subject application for
minor variances to Sections 3.1.g.v), 12.2.d.iv), and 12.2.1.c.ii.b), of Zoning By-law
84-63, To facilitate the construction of an addition to a semi-detached dwelling by
increasing the rear yard stair projection from 1.50 metres to 2.77 metres, leaving a 4.73
metre rear yard setback, in addition to reducing the permitted minimum rear yard
setback from 7.5 metres to 5.57 metres, and by increasing the maximum permitted lot
coverage from 35% to 38.66%, subject to the following conditions being completed
prior to issuance of the building permit:
i. Preservation of the mature tree in the front yard and the site plan should be
revised to provide a detail of the hoarding that will be used to protect the tree;
and
ii) That the applicant continues to work with Planning Staff to ensure the proposed
elevations are consistent with the architectural design of the physical character
of the established neighbourhood while making efforts to preserve the heritage
significance of the existing semi detached building, as set out in Section 5 of this
report. The buildings shall be subject to architectural controls subject to the
satisfaction of the Director of Planning and Development,
i
� __�
Submitted by: %� ��'f'�.f'���",� ����'�,�
Amanda Tapp,
Acting Manager, Development Review Branch
Staff Contact: Jacob Circo
Interested Parties:
Jy Maud Inc./Intequa Designs