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Home My WebLink AboutA2022-0039 Comments_3526 Sommerville Drive.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: A2022-0039 Address: 3526 Sommerville Drive, Orono Report Subject: A minor variance application to facilitate the construction of a detached garage by increasing the maximum permitted height from 4.0 metres to 4.8 metres and increasing the maximum permitted total floor area for accessory structures from 60 square meters to 70 square metres. Recommendations: 1. That the Report for Minor Variance 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 a minor variance to Section 3.1 c) of Zoning By-law 84-63 to facilitate the construction of an accessory structure (detached garage) by increasing the maximum permitted building height from 4.0 metres to 4.8 metres and to increase the total floor area for all accessory structures from 60 square metres to 70 square metres be approved subject to the following condition being completed post-construction of the new accessory building: i. That the existing storage shed (corner of lot) be removed from the property post-construction. (See Figure 3) 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 Page 2 A2022-0039 1 . Application Details 1.1 Owner/Applicant: Brad Glaspell 1.2 Proposal: Minor Variance to Section 3.1 c) of Zoning By-Law 84-63, to facilitate construction of a detached garage by increasing the maximum permitted height from 4.0 metres to 4.8 metres and increasing the maximum permitted total floor area for accessory structures from 60 square metres to 70 square metres. 1.3 Area of Lot: 772.5 square metres 1.4 Location: 3526 Sommerville Drive, Orono 1.5 Legal Description: Part Lot 28, Concession 5, Former Town of Clarke 1.6 Zoning: Urban Residential Exception (R1-2) Zone 1.7 Clarington Official Plan Designation: Urban Residential 1.8 Durham Region Official Plan Designation: Living Areas 1.9 Heritage Status: None Municipality of Clarington Committee of Adjustment Page 3 A2022-0039 L0�:29� — ��3 � 51 � 48 47 ` � �51�� —' , —` o �� ` ��J� � �J � _� 4� � ICK STREET � ��; CQBBLEi] 1 �4 � 105 � � �3� i 37 _� v I �� 94 � w , 5095 - �4 ��_35 � _5Q ; 49 � � ' S�8� '0 31 � 45 � ;� 45 �8� � , — — - �' 5�77 3��I �7 _ 42 z 41 D78 z � �W- — — -- o Q 507'i W 25�,� _40 �, � 39 �� 506� °° �� 2'I 3�� :.?5 5S ST ��S ST �- � � � ��o �04� � � s � � � 3z �� ' �0�9 : _�4 = . � ; - �6 � �� 03� 503� ��i � �z ! � - 5D28 5�25 ; 5fl23 S � 7 g ' ° �. �'L� 5415 . _ �� I 3 . 5�06 � � 5D45 2 � � . � ?- � S�MMERVILLE ❑RIVE — , LOT:28 M e� � r� �A � r41 I can.n � � ; L'J . ,` . S•l J iJJ tr�:� � ;�997 � � � : � � c1nI� c��I� ' c1�� cCnn�.��O I ––----.... Q � � r ��y � : �(] .�f!� �l J . �S J ilJ Prvper#y[arai�ion MQp ��-".``. - � _ L ..^ I ��ronaj � ,...... �h.. � � �� ...... ,..., , ., � - Area Suhject To Minor Variance s i �� °: � 3526 Sommerv911e Drive I � � i �.:•••• ��•r^�—hVwcaYM — �-^as � azn2�-oo3� re2P ��„te,�� Figure 1: Location Map Municipality of Clarington Committee of Adjustment Page 4 A2022-0039 2. Background 2.1 On August 9t", 2022, Planning Staff received an application for a Minor Variance from the owner of 3526 Somerville Drive, Orono. The application seeks to permit the construction of an accessory structure (detached garage) by increasing the maximum permitted building height from 4.0 metres to 4.8 metres and to increase the total floor area for all accessory structures from 60 square metres to 70 square metres. 2.2 There are two existing accessory structures located on the subject lands. On August 31St, 2022, a demolition permit was issued to remove the existing detached garage on the property. The shed located in the northwest corner of the lot is to remain in place for the use of temporary storage until the construction of the new accessory structure is complete. Post-construction, the shed shall be removed from the property as a condition of granting the minor variance. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 3526 Sommerville Drive, Orono, generally east of Main Street (see Figure 1). The lot is approximately 772.5 square metres with an approximate frontage of 20.1 metres and an approximate depth of 38.4 metres. 3.2 The surrounding uses to the immediate north, south, east, and west are existing urban residential. (See Figure 2). Municipality of Clarington Committee of Adjustment Page 5 A2022-0039 � ��,� � � � ir � . . �• � . _ ,` }7 �`` � -, _ � � �•'��• ` a 6 „�� w. � .�' � � � 5� a T' .� i .. �� .'t. •� 1 } � �� .� . . L � — . ^l i • �� 4t � �� , �.. ^•L � � � � � 3 �. •!�'°� '�. -' I� 2 9 1° � - — ° �r , � ,. � , _ �.. e 2 ��;��',`� �� ,� z � V �.0 - 7,�. .. • y ,W�[� � . O r �, • f .' .a�.ca�,� �r^ .v �� i+�, � r �- _ , � - � .w ;�` - t �� 3 ,',�� ' . � ..� J 1 3i�3 ' ��3540 , �: �� l 3520 - 1�s�^� - 3�30 �..�� . } �:. � ,� �: 3524 � [ � .. r 5� . - . . ��. . � . � -�F � Y ,` �� 5�MMERV ILLE�RIV E i , . � � � .t ` � 3515 � �� 35d7 �. 3531 3535 3439��' � r F�'.,4 . a... � 'S14 � 3523 *.� f ; � X a t 1 w i i 5 J . � ` � � � �"_, � o :_y�^ � :�� :,� ,� � � � �� r„? � t r`•#':� ~ � �� .. ' � � � �a'� - �• � L i 1�' � ,?��. �•�� + - �t, 1 S •tA •�-I` "�� '.��'��` . .. � . ' + ' t � ��' - . � '; f ` ��j �� . �� '�� ' � " 'L LL y� I. r •�j �1._�. �- . ' . . ' .+r '�:i-. !/�4k�T =.3r 4L. -.?��Z�* +�.i�' . ,��. Figure 2 — Subject Property 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 At the time of writing this report, Staff have not received any inquiries regarding the proposal. Municipality of Clarington Committee of Adjustment Page 6 A2022-0039 5. Departmental Comments 5.1 The Development Engineering Division of Planning & Development Services has reviewed the proposal and have no objections provided the existing drainage pattern within the lot remain unaltered. 5.2 The Building Division of Planning and Development Services have no comments related to this proposal. 5.3 Clarington Emergency and Fire Services Department have no concerns with this proposal. 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 Region of Durham Official Plan. 6.2 The subject property is designated Urban Residential within the Clarington Official Plan. 6.3 Both the Regional and Clarington Official Plans permit the residential use of the property. The proposed detached garage is accessory to the residential use. 6.4 It is Staff's opinion that the proposed detached garage conforms to the intent and purpose of both Official Plans. Conformity with the intent and purpose of the Zoning by-law 6.5 The subject property is zoned "R1-2", which permits a single-detached dwelling and associated accessory structures to the residential use. Accessory structures in Urban Residential zones are subject to the General Zone provisions in Section 3.1.c of Zoning By-Law 84-63. 6.6 The owner is requesting to increase the maximum permitted height of a new accessory building from 4.0 metres to 4.8 metres and to increase the maximum permitted total allowable accessory floor area from 60 square metres to 70 square metres. The intent and purpose of limiting the maximum height and floor area for accessory structures is to ensure that the accessory building remains secondary to the principal dwelling and to prevent potential conversions of the buildings to other land uses which are not permitted in the Urban Residential Zone, such as commercial or industrial uses. 6.7 The proposed detached garage would remain ancillary to the single detached dwelling located on the property in terms of size and does not appear to have the potential to be used for large scale commercial or industrial activities. For the above stated reasons, it Municipality of Clarington Committee of Adjustment Page 7 A2022-0039 is Staff's opinion that the application is in conformity with the intent and purpose of the Zoning by-law. Desirable for the appropriate development or use of the land, building or structure 6.8 The permitted use for the subject property is residential. The proposed detached garage would not appear to have any negative impacts on the neighbourhood and would improve the usability of the property for the current owner. 6.9 The proposed detached garage is further setback from Sommerville Rd than the existing garage it will be replacing (see Figure 3); Staff have not received concerns by neighbours at the time of writing this report. 6.10 The construction of a detached garage will not significantly impact the amenity space available for current or future owners of the property, as the new structure will replace an existing accessory building. 6.11 In Staff's opinion, the proposed detached garage is not significantly oversized, and the minor variance can be attributed to a minimal increase in overall floor area and height. Municipality of Clarington Committee of Adjustment Page 8 A2022-0039 � �� - �� be removed t a=ter constru�ti�r� �.` �ne�•-� aarace � «�- � � � , � ' ' � } �Y �� 4 " : I�.I'�'� '��I�d�.Y .�. be dernolishec n � .� �� . � � - � - ; f ' : � � ' �r . � ��, � � # 4 � . � � � * �,�; y� � . � - � •� `� �J�J � • * � ; � � J � , �� . Figure 3 — Existing shed to be removed from property and existing detached garage to be demolished Municipality of Clarington Committee of Adjustment Page 9 A2022-0039 k• , • _ t . _ _ . * 7 F � � I f ' � ' ' _� *_ ; k � - - - � 1'►�r;�,1ti� j � ;.,�� L . r F� s . � _ � _ i � : i - { , S4 x"C�. I rC��C;..� � 1 � �� ' _ � E + � • r � � � � , ��_, � � � i I L•,�� 'f;.��f �_, G-" . '+� i 1 ��`�J!T��j i•;�a�■ � � I � , � I � ' � � ' +� +� � ti� f - ' i 5�;��.�� Figure 4 — Proposed Detached Garage Site Plan Municipality of Clarington Committee of Adjustment Page 10 A2022-0039 Minor in Nature 6.12 An increase in the height from 4 metres to 4.8 metres and an increase in the maximum total floor area for accessory structures from 60 square metres to 70 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. 6.13 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. 7. Conclusion 7.1 Based on Staff's review of the application, the minor variance 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 (detached garage) with a height of 4.8 metres and a total floor area for all accessory structures of 70 square metres, subject to the following condition being completed post-construction of the new accessory building: i. That the existing storage shed be removed from the property post-construction within 90 days from the issuance of the building permit for the proposed accessory structure indicated on the site plan. ; , � _ � I,''''`^'�{`^`�l�i• f��'-'� Submitted by: � Amanda Tapp Acting Manager, Development Review Branch Staff Contact: Tyler Robichaud Planner 1 Interested Parties: The following interested parties will be notified of Committee's decision: Brad Glaspell