The URL can be used to link to this page

Home My WebLink AboutA2022-0042 Comments 67 Andrews Rd 09-28.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: A2022-0042 Address: 67 Andrews Road, Orono Report Subject: A minor variance application to facilitate the construction of a detached garage by increasing the permitted maximum height from 4.Om to 5.43m and by increasing the permitted maximum total floor area for accessory structures from 60 square metres to 87 square metres. Recommendations: 1. That the Report for Minor Variance Application A2022-0042 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2022-0042, 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 5.43 metres and a total floor area of all accessory structures of 87 square 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; 4. That all interested parties listed in this report be forwarded a copy of the Committee's decision. Municipality of Clarington Committee of Adjustment A2022-0042 Page 2 1 . Application Details 1.1 Owner/Applicant: Jason Ledrew 1.2 Proposal: To permit an accessory structure (detached garage) with a height of 5.43 metres and a total floor area for all accessory structures of 87 square metres. 1.3 Area of Lot: 747.84 metres square 1.4 Location: 67 Andrews Rd, Orono (See Figure 1) 1.5 Legal Description: Part Lot 27, Concession 5, Former Township of Clarke 1.6 Zoning: "Urban Residential Exception (R1-2)" 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 Municipality of Clarington Committee of Adjustment A2022-0042 Page 3 _C- 2� ��T _- CC\ E - TAUNTON R�AD u� [V iS7 � � � � Q � � � � u] � p �� m � � � �� . � - • . . � 40 � � � c., � 7� �� 54 { 39 � ao � o� ao � 71 �•r� ,,, 6 38 0� r� c� � � � 72 � �6 �� 7 �.a��c�zEsc�rur � �� w 1 D � � a� � W � � r� c�*� � � cv � 64 � �1� �oT._� �or.-� �7 z 6� �� cor�.s corv s �� `�' ?� �-� � �4 �� ,,� � ��` � � �� , �o �8 � �, TAMBLYN R�Aa �Q ��'7 °� r�'v � � �� 9 . �--::��,�--•------� Pro�erty Lo��rr 1��p � ��".�..m w,� �-----�,._--------� ��ror�o) , � •'- 1 ��:� �,..°��.. ' ...�_.�u, � � - Area Sut�ject Ta Minor Variance ; I � i 67 An�lrews Road i `°-�- , k=n,�.�» � i i �4- I �.�_,,,i �D � �- �-r��-j }�•� �Y"'��•"'N��Y:.+�II• I��-�� '�' -��_ j . . .�.�� . "��v� Figure 1 — Location Map Municipality of Clarington Committee of Adjustment A2022-0042 Page 4 2. Background 2.1 The applicant is requesting a minor variance to increase the maximum permitted height for an accessory building (detached garage) from 4.0 metres to 5.43 metres and to increase the total maximum permitted floor area for accessory buildings from 60 square metres to 87 square metres. There is currently a single detached house with an attached garage that will be removed prior to construction. Also on the property is a shed with an area of 11.14 square metres that will remain and is included in the total area requested of 87 square metres. 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 that would accommodate a mezzanine for additional storage. The accessory structures would serve an accessory use to the permitted detached dwelling. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located on the east side of Andrews Rd, which is in a residential neighbourhood east of Highway 35/115 and south of Taunton Rd. The property is within the Orono urban boundary. The property is 747.84 square metres in area with a frontage of 22.86 metres. 3.2 The surrounding uses are residential on all sides. Dwellings in the surrounding neighbourhood are single detached homes on similarly sized lots. Many properties contain accessory structures, some of which are detached garages. Municipality of Clarington Committee of Adjustment A2022-0042 Page 5 _.. . ;� - � . . �_11_, �.,�� . "'�� - . 'i. �F � : � : �,�� w . - • � i'"+ � .�.+ '� �.� '. . .� �� .� , �8 � �� r� �.�l �' � �i � � � �� '� i -_ � � �� . � C � " � � �r � .�,..�s f` . . S � s7 �_+ Sc ❑ '� ; �,�- � C �, - � � � � . . �+ - � . � �� ; .�. .� � - ,�.-= �� . _ -� . . _ - y . � � � - . - e� � �� , . �� S7 ��'r_�~ =�-- � . � � 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 about this application. Municipality of Clarington Committee of Adjustment A2022-0042 Page 6 5. Departmental and Agency Comments 5.1 The Development Engineering Division has no concerns with this application. 5.2 The Building Division requires a building permit for the proposed accessory structure. 5.3 Clarington Emergency and Fire Services Department has no fire and safety concerns. 5.4 There are no Cultural Heritage resource 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. Both the Regional and Clarington Official Plans permit the residential use of the property. The detached garage is accessory to the residential use. 6.2 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 6.3 Within the Comprehensive Zoning By-law 84-63, the subject property is zoned Urban Residential Exception (R1-2), which permits a single detached dwelling and associated accessory structures to the principal building. Accessory buildings on lots less than 2 hectares are to follow the General Zone Provisions in Section 3.1.c. of Zoning By-law 84-63 which provides the regulations for accessory structures in urban residential zones. For the subject property, the maximum permitted height is 4.0 metres in height and a total floor space area of 60 metres. The proposal is for a height of 5.43 metres and a total accessory floor area of 87 metres, which includes a 11.47 shed. 6.4 The intent of the maximum height and floor area for accessory structures is to ensure that the accessory building remains secondary to the principal use of the lands, 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. 6.5 The applicant has indicated that the increase in floor area and height requested would be used for additional storage space. The proposed increase allows for a mezzanine in the garage that will contribute to storage space without increased lot coverage. 6.6 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 commercial or industrial activities. Municipality of Clarington Committee of Adjustment A2022-0042 Page 7 6.7 Accessory buildings with similar heights are now permitted in the Urban Residential Zone if they contain an accessory dwelling unit. The maximum height for these structures is 5.25 metres. 6.8 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. 43.9�T t2.79�1) A1.9 rr7 ��.�3!"1?�-.��--»�—� ��_... -•---� _ r i ; --- � � � � � � � F ��" � . , E ��.��7 I Z .� v ' � '`' I . �� • , , i�$��, , � �.�� , � 1 � r�c�y FT � � � + ....��M1 . I � ��i 3.�,�FT � 1�_�R� � Ew3i 3e�.�1 FY�nla r7?�- � �3.31 T"}- � 4� &E3 Yr ?�� ` �• / � � �LlG7P�D "x � � `CrtAI�,d►� ' I � �' � j ¢� �T ' , E�5 e �YS �� ' � aaan � !.9'I FT � �a�� I�i`A FT' � — te.n-�1 � ��l l�1e� Gi.in n� � _ � I� / F ,-, ' � �T �{ 1931 FTY ! � � i �� {5�.781'1') 1 � � � � �� i � � f � � � 1' � . � � � � r 1 � . - I! 'ti � � � k �� eaesr 7E.o --h 93 rll•?- .� � � I ---- - � � �� !� ! � �- � - , � w� W'� . �_ f } �rs.��rY �2.a6 i'4� Figure 3 — Site Plan of Proposed Detached Garage, shed and dwelling Desirable for the appropriate development or use of the land, building or structure 6.9 The property is surrounded by residential uses on all sides. Dwellings in the surrounding area are one or two storeys with some containing accessory structures. Municipality of Clarington Committee of Adjustment A2022-0042 Page 8 6.10 The garage will be located on the northern side of the property. On the property directly north is a driveway and a small shed. There are no windows on the south side of the dwelling that would face the garage. As seen in Figure 3, the garage will be set significantly further back from the road than the house. The garage is setback significantly from other lot lines. 6.11 Expected impacts on neighbouring properties are minimal. The increased height will allow for 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 The proposed accessory building conforms to both Official Plans and maintains the intent of the regulations for accessory buildings in the Zoning By-Law. The variance will allow for a larger garage that will replace the existing attached garage. 6.14 The increase in total floor area from 60 metres to 87 metres does not significantly depart from the provisions contemplated in the by-law. The lot coverage for all accessory structures will be below the 10.0 percent maximum. Although the increase in permitted height from 4.0 metres to 5.43 metres is significant, this height is only a slight increase to the 5.25 metres that is permitted for accessory buildings that contain additional dwelling units. There are minimal anticipated negative impacts to surrounding land uses. 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. 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 (detached garage) with a height of 5.43 metres and a total floor area for all accessory structures of 87 square metres. Municipality of Clarington Committee of Adjustment A2022-0042 Page 9 i Submitted by: ;.--- � . -- - �'''�.�� ;�,`7 Amanda Tapp � Acting Manager, Development Review Staff Contact: Jacob Circo & Sylvia Jennings Interested Parties: The following interested parties will be notified of Committee's decision: Jason Ledrew