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Home My WebLink AboutA2022-0043 Comments 112 Duke St.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: A2022-0043 Address: 112 Duke Street, Bowmanville 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 4.96 metres and to increase lot coverage from 40% to 43%. Recommendations: 1. That the Report for Minor Variance A2022-0043 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2022-0043 for a minor variance to Sections 12.2.1 c) and 3.1 c) of Zoning By-law 84-63 to facilitate the construction of a detached garage by increasing the maximum permitted height from 4.0 metres to 4.96 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 A2022-0043 Page 2 1 . Application Details 1.1 Owner: John Mutton 1.2 Agent: Melanie Horton 1.3 Proposal: Minor Variance to Sections 12.2.1 c) and 3.1 c) of Zoning By-Law 84-63 to facilitate the construction of a detached garage by increasing the maximum permitted height from 4.0 metres to 4.96 metres and an increase in lot coverage from 40% to 43%. 1.4 Area of Lot: 470.0 square metres 1.5 Location: 112 Duke Street 1.6 Legal Description: Part Lot 11, Concession 1, FormerTown of Darlington, 112 Duke Street, Bowmanville. 1.7 Zoning: Urban Residential Type One (R1) 1.8 Clarington Official Plan Designation: Urban Residential 1.9 Durham Region Official Plan Designation: Living Areas 1.10 Heritage Status: None Municipality of Clarington Committee of Adjustment A2022-0043 Page 3 �_=" 3 _ 35_ -- � $3 �- ` ii1 -- � –32 - 1.-•-" �_ � 114 ! _... 0o I co c 'gy �.– . � �z; 4p i PARK DRIVE 113 10 4fi 1 I 43 � `� 90 89 120 115_ —g � 4 qq'�� 47 — � 92 91 119 s 48 �S 94 — 4 i121 5� �1 1 �6 i 123 � � 52 0 � � � 98 AMN STREET , _ 58 '� 'n 100 i a 127 fl �oT:tn LOI:11 i � 60 F 59 con:i 102 c�+:� W F I W W 62 N 61 �Qq � I � 137 86 � � � Z g$ 106 u+ — � .. , --- � I � 139 6s 1 � �, ,� �as o m i �a� � I PINE STREET T 74 �' `n m. � 76 �� 145 Llnifs 1�1-718 114 911 78 11� 146 116 80 ! 120. I j 1� �' 151 � 82 83 � 122 � � 6A5ELIiVE R�AD WEST . . LC-]f-5-1 � � .�$� LOi:10 C[)A:Hf ..C61ti:61� PrvpQr�y Lvcativn Map �,a ".�' �-��-� _ � � (Bowmanvi[[e� � "..... � --� � i ' I p�" �"�N ...... �_.., ,� . � - Area Suhject To Minor Variance s i „I °" j 112 Duke 5treet ,��. � � i ��` :� � '� �� I v-_�,h,:,..-:_�r�w��n� � A2oz�-aa43 - _� I.�r A e• L�� Figure 1: Location Map Municipality of Clarington Committee of Adjustment A2022-0043 Page 4 2. Background 2.1 On August 17t", 2022, Planning Staff received an application for a Minor Variance from the agent on behalf of the owner of 112 Duke Street, Bowmanville. The application seeks to permit the construction of a detached garage by increasing the maximum permitted building height from 4.0 metres to 4.96 metres and to increase lot coverage from 40% to 43%. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 112 Duke Street, Bowmanville, which is north of Baseline Road West and west of Liberty Street (see Figure 1). The lot is approximately 470.0 square metres with an approximate frontage of 17.1 metres and an approximate depth of 23.4 metres. 3.2 The surrounding uses to the immediate north, south, east, and west are existing urban residential. (See Figure 2). Bowmanville Memorial Park recreational field is situated to the east. Municipality of Clarington Committee of Adjustment A2022-0043 Page 5 R,��, �� '.'�- .. . 9� .:2c ��--•_ ��:_ - - � � ` . 1L; * ��, � � �r � uya'r� y�' � '1Y.{ ♦ 5� � � � • � r�` � '.�. r � � }�� - � - �"� 1:4F 'i � _ .-l��.___ i L l� �r. � '..��..:. y � � .8�, � ..4;` .� � i ua .. :�;�..'. � � u ' , ._o' � L .• E .. �°A .�. . � 1 .,,. . r, � -,- "y f`I V C S RC- . . . iy i 5 .y � F � � '�; �� W .� ' f �. .. '_ �� .� 2 � , �,.. _ ,0 i7z � �r4ti} fl.. � � j� , - r_ _ : �.. _ . > ..., . ,' , _ � � rt, . , �. _ ' • s.. —..._. - { � . - -.. . .,�-x � t � � ;s �— � . - -- � { . ., �:,:� :.� ��4 �� :.. w.y y �-k r .�� C "4 ,i ' _�� : �t i'. . . :y .�; ►'+y11�r.•� 7dG�. _5� , . k 11 h � . . � �q = ` �� 4 � -�- ' �:. y. # � ,,, �._ - , . `` - � • -� , _ _ ,;,�� 5 W . 7'� _ •..� i �• � 91� � � .* . ti �- f ' � .a : F: - ,y . . ��} '� � . `{;. '� ee � - w , h , ' . 1'I , r � . k 1 - "a• � . ,�, � ' 74 . , � .. - •' ,,� ' ,' �. 9 NI}1I . . :}. ..� �. � � 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 A neighbouring resident called with concerns relating to the impact that the proposed accessory structure with respect to height and privacy. 5. Departmental Comments 5.1 The Development Engineering Division have no objections. Municipality of Clarington Committee of Adjustment A2022-0043 Page 6 5.2 The Building Division has reviewed the proposal and requires a building permit for the proposed accessory structure. 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 accessory structure conforms to the intent and purpose of both Official Plans. Municipality of Clarington Committee of Adjustment A2022-0043 Page 7 .�_�. . , � , ,- ---;--- �- „_ =,�- --- ----- -- - � _� - - - ; � . , ..� - -; ' I I � �_.� . . i � � �� 'T... - ,- ; .� _� -- . :_r..�, � ,.1.�!.r'-- � - -- 4 T � ,� �_ aaoo -T= 000a � .. � _ _ _ R � �k :,_ , _i � �� ' I'l�r}_ - rl�' �. , , 1:�`_r �� J�. f� � � k/.� �. . Figure 3 - North facing elevation of proposed detached garage Conformity with the intent and purpose of the Zoning by-law 6.5 The subject property is zoned "R1", which permits a single-detached dwelling and associated accessory structures to the principal building. 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 subject property is subject to the `Neighbourhood Character Overlay' provisions which permits a maximum lot coverage for a single detached dwelling of 35% with an additional 5% permitted to allow for an unenclosed porch/balcony and accessory buildings and structures. The intent and purpose of allowing (but limiting) lot coverage of all built form on a property is to ensure sufficient yard amenity space and that an adequate amount of landscaped open space is provided. Municipality of Clarington Committee of Adjustment A2022-0043 Page 8 6.7 The owner is requesting to increase the maximum permitted height of a new accessory building from 4.0 metres to 4.96 metres. The intent and purpose of limiting the maximum height 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. 6.8 It is in staff's opinion that the proposed increased lot coverage maintains sufficient outdoor amenity space and has minimal impacts on stormwater management. Additionally, the proposed detached garage would remain relatively 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 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 6.9 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. 6.10 The proposed detached garage on the subject property would be setback 6.0 metres from the road. It would also be screened from view off Duke Street given the positioning of the dwelling on the property. The proposal would be similar to other detached garages on properties in the surrounding area and have minimal impact on surrounding land uses. Furthermore, it would provide a space to contain any personal items that may otherwise be stored outdoors Municipality of Clarington Committee of Adjustment A2022-0043 Page 9 6.11 For the above stated reasons, it is staff's opinion that the minor variance requested would be desirable for the use of land and building. The proposal would be appropriate for the lands and not be detrimental to the surrounding area. o - -- .�� o. � � �m a � � ;----------------------- ------------� � ��oPo��o � , � � � GAP�AGC � E � D�I V�ti�VA ir7. I f � 7.�� 6.�Q� � � F � k ; , ; , , , � , � � � � ; ;� . � f____ �'�, � ' �, �XISTING � � �'�, K�SID�I�C� ; w , `�`'� # I 12 � � z rv', �oo — � ;m LL , „ m �II i� , � � , � � , � ; � � �----____-__-------- - ----------�----J 20. I f 5m DUK� ST Figure 3 — Proposed Detached Garage Site Plan Minor in Nature 6.12 An increase in the height from 4 metres to 4.96 metres and an increase in the maximum lot coverage from 40% to 43% 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 principle 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. Municipality of Clarington Committee of Adjustment A2022-0043 Page 10 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 a Minor Variance to Sections 12.2.1 c) and 3.1 c). of Zoning By-law 84-63 facilitate the construction of a detached garage by increasing the maximum permitted building height from 4.0 metres to 4.96 metres and to increase lot coverage from 40% to 43%. 1 � � Submitted by: � '�� :�:,��'��', ��;."�^ ��4 -� Amanda Tapp, Acting Manager, Development Review Branch Staff Contact: Tyler Robichaud trobichaud@clarington.net Type Author's email. Interested Parties: The following interested parties will be notified of Committee's decision: Melanie Horton John Mutton