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HomeMy WebLinkAboutA2023-0001 11 Church Street CommentsClarftwn Planning and Infrastructure 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: January 26, 2023 W 0 m �1 T�_y�iy�c�lAIl� Address: 11 Church Street, Bowmanville Report Subject: A minor variance application to facilitate the construction of a new Additional Dwelling Unit in a new accessory structure by decreasing the minimum permitted interior and rear side yard setbacks from 1.8 metres to 1.2 metres, by decreasing the minimum permitted exterior side yard setback from 6 metres to 5.96 metres, and by decreasing the visibility trianale from 3 metres to 2.5 metres. Recommendations: 1. That the Report for Minor Variance A2023-0001 be received. 2. That all written comments and verbal submissions were considered in the deliberation of this application. 3. That application A2023-0001 for a minor variance to Section 4 f. ii. b), of By-law 2021-82 as amended in Zoning By-law 84-63, and Section 12.2.d.ii) of Zoning By- law 84-63, to facilitate the construction of a new Additional Dwelling Unit in a new accessory structure by decreasing the minimum permitted interior and rear side yard setbacks from 1.8 metres to 1.2 metres, and by decreasing the minimum permitted exterior side yard setback from 6 metres to 5.96 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 application A2023-0001 for a minor variance to Section 3.28.a.ii) of Zoning By- law 84-63, by decreasing the visibility triangle from 3 metres to 2.5 metres be denied as it is not minor in nature, is not desirable for the appropriate development or use of the land and not maintain the general intent and purpose of the Zoning By- law, the Durham Region Official Plan and Clarington Official Plan. 5. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2023-0001 Page 2 1. Application Details 1.1 Owner/Applicant: Alan and Christine Johansen 1.2 Agent: Frank Johansen 1.3 Proposal: Minor Variance to Section 4 f. ii. b), of By-law 2021-82 as amended in Zoning By-law 84-63, and Sections 12.2.d.ii) & 3.28.a.ii) of Zoning By-law 84-63, to facilitate the construction of a new Additional Dwelling Unit in a new accessory structure by decreasing the minimum permitted interior and rear side yard setbacks from 1.8 metres to 1.2 metres, by decreasing the minimum permitted exterior side yard setback from 6 metres to 5.96 metres, and by decreasing the visibility triangle from 3 metres to 2.5 metres. 1.4 Area of Lot: 1,005 square metres 1.5 Location: 11 Church Street, Bowmanville 1.6 Legal Description: Part Lot 10, Concession 1, Former Town of Bowmanville 1.7 Zoning: Urban Residential Type One (R1)" Zone 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 Adiustment A2023-0001 Page 3 2523 21 �: 23 i F22 21 7 CO 19 a Z Y W 1 T rev 04 o CHURCH STREET °' eq � � � U] 2 LL1 10 w CO w X 4 p 5 J CO LCM to carat L {� 77 � r c Cn t t CP /� t �+l ec� LOT. 1' cq r i11 N. KING STREET EAST LOCD Li3 LU m Q w 7 w 12 W 32 Ld QUEEN ST rtv 38 J L U 14 f uJC 42 cc1 1 B 46 22 Property Location lap (Bow anvi[[e) Area Subject To Minor Variance 1 T Church Street ! A+}7+Ar rye+//��■��L ,y+ 0 —Y \I \.f / L .r K r 0 n r t r i o Figure 1: Location Map Municipality of Clarington Committee of Adiustment A2023-0001 2. Background Paae 4 2.1 By-law 2021-082 is an amending by-law to By-law 84-63 and By-law 2005-109, which permits Additional Dwelling Units. The by-law was passed on December 13th, 2021. The consolidation of these by-law has not occurred yet, 2.2 On January 4th, 2023, the Planning & Infrastructure Services Department received an application for a minor variance application. The application seeks to facilitate the construction of a detached Additional Dwelling Unit in a new accessory structure (henceforth ADU) which includes a garage by decreasing the minimum permitted interior and rear side yard setbacks from 1.8 metres to 1.2 metres, by decreasing the minimum permitted exterior side yard setback from 6 metres to 5.96 metres, and by decreasing the visibility triangle from 3 metres to 2.5 metres on one side of the driveway. 2.3 On January 18th, 2023, the Building Division within the Planning & Infrastructure Services Department received a building permit application for the proposed ADU. See Figure 2. IJP [� TL'L 1' FRET BDO N' 1NXR fJANE 12 Ig U16L M A1NLN � 9 NL171 ON ALL FUN4_ 7.1 7.5 1� NlIVNVi [f :H ANC CU75L I]L1k:L NIIII Y. AM 5, TALES kuuNLY Offm SMW CORNER imm 4' W& IN >< 24 TEahHSl1N71 Folk �' FilECT ILL � `a) FMX f PREtJ3r'Ja w u, J ENIK GOCfi S151E4 I V -O' I DE X 7-0' HGB N93ATED GVF L10CR Figure 2 East Elevation of Additional Accessory Structure with an ADU 2.4 The applicant applied for a minor variance in 2020 to reduced front yard setback on 4.5 metres to 4.1 metres. As the time, staff noted that the site could not accommodate two outdoor parking spaces. The applicant applied for an Entrance Permit off Lambert Municipality of Clarington Committee of Adjustment A2023-0001 Page 5 Street, to accommodate one of the two parking space. The other parking space is off Church Street. This required a portion of the fence along Lambert Street to be removed, however the sightlines did not meet the requirements for Entrance Permit. The parking space did not comply with the parking size requirements of the Zoning by-law. Modifications were made to the fence and parking size. The Committee of Adjustment approved the reduction in the front yard set back in May of 2021. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 11 Church Street in Bowmanville, at the southeast corner of Church and Lambert Streets (see Figure 1). The property is a corner lot and approximately 1,012 square metres in size. The property has a lot frontage of approximately 20 metres on Church Street and 50 metres on Lambert Street with an approximate depth of 50 metres. There is an inground pool situated on the east side of the property and a covered outdoor area on the west. 3.2 The surrounding uses to the north include a public elementary school, to the east is residential and to the south and west are commercial plazas. 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. 5. Departmental Comments 5.1 The Development Engineering Division of Planning & Infrastructure Services has reviewed the proposal and has the following comments: The 3m sight triangle must remain, fencing within the 3 metre sight triangle must have a maximum height of 0.75 metres and any other obstructions such as trees and vegetation must be removed in order to conform with this requirement. The proposed driveway off of Lambert Street must have a maximum width of 6m. The driveway width shown in the provided plan does not meet this requirement. 5.2 The Building Division of Planning and Infrastructure Services require a building permit related to this proposal. 5.3 Clarington Emergency and Fire Services Department have no concerns with this proposal. Municipality of Clarington Committee of Adjustment A2023-0001 6. Discussion Page 6 Conformity with the intent and purpose of the Regional and Clarington Official Plans 6.1 The subject property is zoned "Living Areas" in the Regional Official Plan and "Urban Centre" in the Clarington Official Plan. Both the Regional and Clarington Official Plans permit the residential use of the property. The proposed ADU is to support the residential use of the property by providing opportunities and to promote a more compact settlement form within the urban settlement boundaries of the Municipality. 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 The subject property is zoned "Urban Residential Type One (R1) in Zoning By-law 84- 63, which permits the single -detached dwelling and the potential for two ADU's, such as one in the principal residence and one in a detached accessory structure. An ADU is defined as "a self-contained dwelling unit within a permitted residential dwelling or an accessory building to the principal residential building on the same lot. The proposed ADU would require one parking space. Municipality of Clarington Committee of Adjustment A2023-0001 Page 7 POOL FENCE l Olt' EXISTING "Ju°`' POOL FENCE CQ C19x I BVV.94.39 `- _FW.I9J.59INV_95-3 yy t�P: �� 95.44- _-^ I14- `o -0t.'S . �1 R � PROPOEf i ,8r rna 1R --- STOREY BOARD FENCE` � d W�LLING ti � PR _71'o, FP,IE 96,0l '} .0°l4 4.4f'lo + a TF'E 95. 5 (REVERSFVFNEER) Lo �I o °' GARAGE °'� BFE 94_66 PROPOSED UFE 94.41 DRIVEWAY L6 _C - % - - 9�.95+ Z - !H P � Tw.95.5 w + s.s x LEVI r D FENCE SLOPE BOTTOM }+ ripe —— SLOPE TOP CURS ' Figure 3: Site Plan showing the proposed driveway off Lambert Street and the proposed ADU by Owner 6.4 The applicant states that given the location of the inground pool and associated fencing, the proposed ADU cannot be situated in such a way as to meet the minimum permitted interior and rear yard setbacks. By-law 2021-082 requires a minimum interior and rear yard setback of 1.8 metres to address potential stormwater and privacy concerns. However, reducing the interior side yard setback from 1.8m to 1.2m, is consistent with the minimum permitted interior side yard setback in found in Section 12.2.d.iii.b) for a single detached dwelling with an attached garage or carport, on lands zoned "R1 ". Development Engineering Division has raised no concerns with reducing the minimum permitted yard setbacks for the structure. See Figure 3. 6.5 The maximum permitted height for a single detached dwelling in the "RV zone is 10.5m in height whereas the maximum height for a ADU in By-law 2021-082 is 5.25 metres. The south elevation of the ADU abuts a commercial parking lot. In Staff's opinion, privacy will not be impacted. See Figure 4. Municipality of Clarington Committee of Adjustment A2023-0001 Figure 4: Aerial Picture showing the rear yard of the property in blue. Page 8 6.6 The reduction of the exterior side yard from 6 metres to 5.96 metres is minimal, as it maintains sufficient separation between the public realm along the street, including sidewalks and the ADU and does not overwhelm the public realm. 6.7 The proposed ADU is smaller and ancillary to the existing single detached dwelling in terms of size and height. All buildings and structures are under maximum lot coverage of 40% within the "R1" zone. 6.8 Overall, all other zoning regulations of By-2021-082 comply with the building height, size, and lot coverage. 6.9 The applicant is requesting a reduction in the visibility triangle. The intent of the Zoning By-law with regards to visibility triangles is to ensure that visibility at intersections, Municipality of Clarington Committee of Adjustment A2023-0001 Page 9 including the proposed driveway on Lambert Street is not obstructed by landscaping, buildings, fences greater than 0.75m in height or other structures which may cause an impediment to the line of sight for vehicles, pedestrians, and cyclists. Safe travel from the driveway to Lambert Street shall be maintained. See Figure 5. tiTR �:T! PRIVAT L ROAD 3rn jr 7.5m F . f} t� w FT PROPERTY 1. IN E Figure 5: Visibility Triangle requirements 6.10 The applicant is requesting a reduction in the visibility triangle from 3.0 metres to 2.5 metres. Development Engineering does not support the reduction in the visibility triangle given the close proximity to the sidewalk and the pavement surface of Lambert Municipality of C b H ngt n Committee of Adjustment A2023-0001 Page10 Street, however they dorequire a 6-metre driveway width. By-law 84- 3requires a minimum driveway width fortwo outdoor parking spaces to be a minimum of 4.6 metres. In addition, to accommodate parking On the entire site, one existing Space G of Church Street, One existing One On Lambed One Space Can be accommodated within the garage. As Such, staff are of the opinion that the QgNHt of 3: metres Can be maintained. \ OOL\ 7 ƒ x EXIST NG ]k ® ROOLFENCE& I LO a x wG � kk MA BA9 a� ®� \_\_ % K ,�G � j � x � IN @ 85 y� : 5a4 - E /-_ _-|\y§564ƒ - % - \7 � x 3R +9E8 \& m 45 g«RO 9 + 1. P. R L6+ 1R \� PROPOSED 98. O_ 2STOREY ~ A FENCE DWELLING P R & FFE 4O 0% Lo k TFE 95L95 7 4 �+ 7 ,( F N� m $ 2 n��39,_ 1 GARAGE i BFE .6 \ 6 ,.� ©-D L a UFE a1 c .§ DRIVE Y 9 /\ w k % 96 1 LjA ts\ — - -: \ .6 BW »; 9 Bgga f BOARD N SLOPE BOTTOM X— $§ ...g ...SLOPETOP _ ... \/CURS w Figure B:Site Plano the subject property Showing the proposed driveway O# Lambert Street and the possibility of the QgNHt sighgne of 3m shown in yellow lines Desirable forthe appropriate development or use O the land, building orstructure 6.11 The permed use for the subject property is residential. The appropriate development for the subject property is residential. The proposed &DU does no appear to have any negative impacts On the neighbourhood and would improve theresidential use of Municipality of Clarington Committee of Adjustment A2023-0001 Page 11 property. It supports Clarington's Official Plan and Durham Region's Official Plan by providing housing opportunities and intensification of existing lots within an urban settlement area without significant impacts on services and the character of the area. 6.12 The proposed reduction of the minimum interior side yard and rear yard setbacks for the ADU has no impact on site drainage or privacy. The reduction in exterior side yard, provides for adequate parking. 6.13 For the above stated reasons, it is in staff's opinion that the minor variance requested for reduction in yard setbacks is desirable for the residential use of the land and building. 6.14 There are opportunities to meet the zoning requirements for visibility sightlines set within the visibility triangle on the proposed driveway. Not reducing the visibility sightlines will ensure that safety is maintained for users of the street, and use of the land, for current and future owners. Minor in Nature 6.15 The subject minor variances for the yard setbacks conform to both Official Plans and maintains the intent of the regulations for residential uses in the Zoning By-law. The decrease to the minimum required exterior side yard setback, interior yard setback, and rear yard setback is not a significant deviation from the Zoning By-law regulation and can be considered minor in nature. 6.16 It is Staff's opinion that the proposal to reduce the visibility sightlines is not minor in nature, nor desirable for the use of the land, and does not meet the intent of the regulations for a visibility triangle within the Zoning By-law. There is enough space for where the proposed driveway is, for the minimum parking space requirements and visibility triangle to be maintained. 7. Conclusion 7.1 Based on Staff's review of the application, the minor variance for the yard setbacks 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 4 f. ii. b), of By-law 2021-82 as amended in Zoning By-law 84-63, and Section 12.2.d.ii) of Zoning By-law 84-63, to facilitate the construction of a new Additional Dwelling Unit in an accessory structure by decreasing the minimum permitted interior and rear side yard setbacks from 1.8 metres to 1.2 metres, and by decreasing the minimum permitted exterior side yard setback from 6 metres to 5.96 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 Municipality of Clarington Committee of Adjustment A2023-0001 Page 12 7.3 Given the above comments, Staff recommends denial of the application for a minor variance to Section 3.28.a.ii) of Zoning By-law 84-63, by decreasing the visibility triangle from 3 metres to 2.5 metres as it is not minor in nature, is not desirable for the appropriate development or use of the land and not maintain the general intent and purpose of the Zoning By-law, the Durham Region Official Plan and Clarington Official Plan. Submitted by: Amanda Tapp Manager, Development Review Branch Staff Contact: Jacob Circo, Planner I Interested Parties: The following interested parties will be notified of Committee's decision: Alan and Christine Johansen Frank Johansen Attachment 1 to A2023-0001 Aug 31, 2020 Are reader showed in 2002 parting spaces apperaed at rear of property off of Lambert Street„ discussed with MLEO T. MASON, suggested zoning notice to be issued to address to deal with the property having no (zero) parking spaces for their vehicles. Vehcles at this time do park at iinomt 11�Iassey P ablic Schoot on :Municipal paved bouler mrd . To transfer care of file to MLEO D. V4TLLL-Vkfl far zoning issues. Sep 2, 2020 Attended property. Driveway has been removed and garage has been converted. Fits taken. To follow up with ptamning. D. WILLIAMS #43j0 Sep 4, 2020 Attended property. See attached email chain. Spoke pith property owner Alan 90j-767-jj32. D. WEI IAMS #43j0 Sep 9, 2020 Lengthy email chain. Essentially: building permit to convert garage was issued in error. Minor variance would have been required prior. Property owner needs to apply for minor variance but city will pay the oust and support the variance. Friar to variance application property owner needs to re -install 2 parking spaces or variance will not be supported. Spoke to property owner and advised him of same. Same needs to either re -instate 2 parlang spaces with one being behind the front wall of where he is currently relocating his parking space or get a secondary entrance permit to allow fur a parking space in the read yard. Same given until 23 Sept 2020 to decide how he wises to proceed and get city approval. D. 'i4TLLL-kM& 4143j0 Sep 2S, 2020 Phone call to property owner who advised that he would have a dension about the secondary spot and would get back to officer prior to the end of the week. D. WILLIAMS M3 D Oct 14, 2020 See attached emails. Tu fulluw up with property owner 14 Nuv 20D for compliance. D. WILLIAMS M3 50 Nov 23, 2020 Attended property. Two driveways now installed. File closed. D. IhT -UkMS 0.43 j0 Dec 2, 2020 See at tached email. Spoke with Monika who confirmed that no entrance permit had been applied for. Spoke pith property owner who advised that application would be submitted prior to the end of the week. D.'GTI PL MS M350 Dec 14, 2020 See at tacked email. File closed. D. vbTLLUMS M3 j0