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Home My WebLink AboutA2022-0048 Comments 28 Mill LaneClarftwn 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: October 27, 2022 File Number: A2022-0048 Address: 28 Mill Lane, Bowmanville Report Subject: To facilitate the construction of an accessory structure in the form of a detached garage by increasing the maximum allowable total floor area from 60 square metres to 106 square metres. Recommendations: 1. That the Report for Minor Variance A2022-0048 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2022-0048 for a minor variance to Section 3.1 c) of Zoning By-law 84-63 to facilitate the construction of an accessory structure in the form of a detached garage by increasing the maximum allowable total floor area from 60 square metres to 106 square metres be approved subject to the following condition being completed post -construction of the new accessory building: That the existing canvas 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. 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 A2022-0048 1. Application Details 1.1 Owner: Matthew Currie 1.2 Proposal: Minor variance to Section 3.1 c) of Zoning By -Law 84-63 to facilitate the construction of an accessory structure in the form of a detached garage by increasing the maximum allowable total floor area from 60 square metres to 106 square metres. 1.3 Area of Lot: 1874.5 square metres 1.4 Location: 28 Mill Lane, Bowmanville (See Figure 1) 1.5 Legal Description: Part Lot 13, Concession 2, Former Townsi4ip of Bowmanville 1.6 Zoning: Urban Residential Type One (R1) 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 A2022-0048 Page 3 WILLOUGHBY PLACE ` �z 93 S7 W 47 � f` f1 � M1 M O1 83 N 79 74 6 75 �p 70 10 306 yt�, 66 14 c� amm [l 62 18 63ti"1 58 22 15 54 300 59{f1 54 26 19 -- en 23 SO M ti $5 c� CO v Q 27 304 35 46 23 W 42 21 W� 40 19 302tA 3 38��j� 1` 296 36 11 294 % V LDT:12 32 � 9 LOT,.13 292 ` �3 COIN:2 LOT:14 CON 290 It m [QFI:2 {n N nni N 24 7 y� M M 22 38 41 37 34 33 n N 0 36 V , 29 26 Q N R� 31 22_4 Z jfg4A �pl3 2, 1❑ iu�.1 y 11 _. N � � a� s 5 Property Location Map (Bowmanvi![e) -"r x.mo��.ua - Area Subject To Minor Variance s III^ 1 28 Mill Lane A2022-0048 Lake a ff � ,T ,: o Figure 1: Location Map Municipality of Clarington Committee of Adjustment A2022-0048 2. Background Page 4 2.1 An application was received for a Minor Variance from the owner of 28 Mill Lane, Bowmanville to permit the construction of an 83.6 square metre accessory structure (detached garage) by increasing the maximum allowable total floor area for all accessory structures on a property from 60 square metres to 106 square metres. 2.2 There are existing accessory structures located on the subject lands. The existing shed (22.3 square metres) is to remain in place and is accounted for in the total accessory floor area calculation. The canvas storage shed outlined in red (See Figure 2) is in place temporarily during construction and will be removed once the proposed structure is built. Figure 2: Existing canvas storage shed to be removed post construction. Municipality of Clarington Committee of Adjustment A2022-0048 3. Land Characteristics and Surrounding Uses Page 5 3.1 The subject property is located at 28 Mill Lane, Bowmanville, generally west of Scugog Street and north of Longworth Avenue (see Figure 1). The lot is approximately 1874.5 square metres with an approximate frontage of 22 metres and an approximate depth of 84.5 metres. 3.2 The surrounding uses to the immediate north, south and east are existing urban residential. To the west the subject property abuts Environmentally Protected lands past of the Bowmanville Creek (See Figure 3). 3:. :5171 Figure 3: 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. Municipality of Clarington Committee of Adjustment A2022-0048 Page 6 4.2 At the time of writing this report, Staff have not received any inquiries regarding the proposal. 5. Departmental Comments 5.1 The Development Engineering Division of Planning and Infrastructure Services Department 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 structure is accessory to the residential use. 6.4 It is Staff's opinion that the proposed detached structure 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 ", 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 total allowable accessory floor area from 60 square metres to 106 square metres. The intent and purpose of limiting the maximum 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 A2022-0048 Page 7 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 construction of a detached garage will not significantly impact the amenity space available for current or future owners of the property, as a significant amount of open space will remain in the rear yard for amenities. 6.10 Staff have not received concerns by neighbours at the time of writing this report, therefore 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. Minor in Nature 6.11 An increase in the maximum total floor area for accessory structures from 60 square metres to 106 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 lot is large enough to accommodate the proposed structure; it will cover 4.5% of the lot. The design of the detached structure appears to remain accessory to the principal dwelling in terms of scale and residential use of the subject lands. It does not alter the use of the land. 6.12 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 moderate 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 the construction of an accessory structure (detached garage) cumulating a total floor area for all accessory structures of 106 square metres, subject to the following condition being completed post -construction of the new accessory building: That the existing canvas 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. Municipality of Clarington Committee of Adjustment A2022-0048 Submitted by:4�D Amanda Tapp, Manager, Development Review Branch Staff Contact: Tyler Robichaud, Planner 1, or TRobichaud@clarington.net. Interested Parties: The following interested parties will be notified of Committee's decision: Matthew Currie Page 8