HomeMy WebLinkAboutComments A2023-0002 Feb 22 2023Clarftwa
Planning and Infrastructure Services
Committee of Adjustment
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Date of Meeting: February 23, 2023
File Number: A2023-0002
Address: 2011 Brownsville Road, Brownsville
Report Subject: To facilitate the construction of a second storey loft within an existing
accessory structure by increasing the maximum total accessory floor
area for the subject property from 90 square metres to 145 square
metres and to increase the height from 4.5 metres to 5.7 metres.
Recommendations:
1. That the Report for Minor Variance A2023-0002 be lifted from the table.
2. That all written comments and verbal submissions were considered in the
deliberation of this application.
That application A2023-0002 for a minor variance to Section 3.1 c. of Zoning By-
law 84-63 to facilitate the construction of a second storey loft within an existing
accessory structure by increasing the maximum total accessory floor area for the
subject property from 90 square metres to 145 square metres and to increase the
height from 4.5 metres to 5.7 metres be approved subject to the following
condition:
That two (2) existing structures be removed from the property within (120)
days of the decision becoming final and binding.
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
3. That all interested parties listed in this report be forwarded a copy of Committee's
decision.
Municipality of Clarington
Committee of Adjustment
A2023-0002 Paae 2
1. Application Details
1.1 Owner: Evan King
1.2 Agent: Clinton Dochuk (HOM Drafting and Design)
1.3 Proposal: Minor Variance to Section 3.1 c. of Zoning By-law 84-63, to facilitate the
construction of a second storey loft within an existing accessory structure by
increasing the maximum total accessory floor area for the subject property from 90
square metres 145 square metres and to increase the height from 4.5 metres to 5.7
metres.
1.4 Area of Lot: 2,888 square metres
1.5 Location: 2011 Brownsville Road, Brownsville (See Figure 1)
1.6 Legal Description: Part Lot 18, Concession 2, Former Township of Clarke
1.7 Zoning: Rural Cluster (RC)
1.8 Clarington Official Plan Designation: Hamlet
1.9 Durham Region Official Plan Designation: Hamlet
1.10 Heritage Status: None
Municipality of Clarington
Committee of Adjustment
A2023-0002
Paae 3
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Property Location Map
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Figure 1- Property Location Map
Municipality of Clarington
Committee of Adjustment
A2023-0002
2. Background
Paae 4
2.1 On January 26t", 2023, staff recommended tabling this Minor Variance application to
allow for further discussion with applicant. The applicant was requesting an additional
35 square metres within a 84.5 square metre accessory structure. In addition to the
accessory structure subject to the variance, there are four existing accessory structures
on the property. The proposed additional floor space would increase the maximum
allowable total floor area for all structures for a rural residential property from 90 square
metres to 175 square metres.
2.2 Staff spoke with the applicant, and he is agreeable to removing two structures, reducing
the area for all structures for a rural residential property from 90 square metres to 145
square metres.
2.3 The proposed loft space is 4.01 metres by 9.5 metres and will increase the total
accessory floor area by 34.2 square metres. The proposed height of 5.7 metres is
calculated from finished grade abutting the structure to the mid -point of the roof (See
Figures 2, 3 and 6).
Municipality of Clarington
Committee of Adjustment
A2023-0002
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Figure 2: Proposed Loft Area
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Municipality of Clarington
Committee of Adjustment
A2023-0002
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Figure 3: Proposed loft space of 34.2 square metres
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Municipality of Clarington
Committee of Adjustment
A2023-0002 Paae 7
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 2011 Brownsville Road, Brownsville, which is located
on the northeast corner of Brownsville Road and Durham Highway 2 (See Figures 1 and
4). The corner lot has an area of approximately 2,888 square metres, an approximate
lot frontage along Durham Highway 2 of 40 metres and an approximate depth of 75
metres.
3.2 The surrounding uses to the immediate north, south, east, and west are existing rural
residential properties (See Figure 4).
REGIONAL HIGHWAY -
Figure 4: Subject property and surrounding context.
Municipality of Clarington
Committee of Adjustment
A2023-0002 Paae 8
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 have no objections.
5.2 The Building Division of Planning and Infrastructure 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 Hamlet within the Region of Durham Official Plan.
6.2 The subject property is designated Hamlet within the Clarington Official Plan.
6.3 Both the Regional and Clarington Official Plans permit the residential use of the
property. The proposed accessory structure is accessory to the residential use.
6.4 It is Staff's opinion that the proposed accessory building floor area and height within
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 "Rural Cluster (RC)", which permits a single -detached
dwelling and associated accessory structures to the residential use. Accessory
structures in Rural Residential zones are subject to the General Zone provisions in
Section 3.1.c of Zoning By -Law 84-63.
Municipality of Clarington
Committee of Adjustment
A2023-0002
Paae 9
6.6 The Owner is requesting to increase the maximum total accessory floor area from 90
square metres to 145 square metres subject to the removal of two existing accessory
structures on the property (See Figure 5). The intent and purpose of limiting the
maximum floor area for accessory structures is to ensure that the accessory structure(s)
remains secondary to the principal dwelling and to prevent potential conversions of the
buildings to other land uses which are not permitted in the Rural Residential Zones,
such as commercial or industrial uses.
6.7 The proposed loft space within the existing structure would remain ancillary to the single
detached dwelling in terms of floor area and does not appear to have the potential to be
used for large scale commercial or industrial activities. The lot is quite large, as such the
total floor area of all existing and proposed accessory structures would be under total lot
coverage of 10% within Section 3.1 c of the zoning by-law and under the maximum lot
coverage of 30% within the "RC" zone.
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.
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Figure 5: Accessory buildings to be removed (option to remove 2 of 3 buildings)
Municipality of Clarington
Committee of Adjustment
A2023-0002
Figure 6: Accessory Building Elevation
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Desirable for the appropriate development or use of the land, building or structure.
6.9 The permitted use for the subject property is residential and accessory structures are
permitted. The proposed detached accessory structure would store the owner's
personal items and improve the usability of the property.
6.10 The detached structure will not significantly impact the amenity space available for
current or future owners of the property. All buildings and structures are below the total
lot coverage of 30% and the total lot coverage for accessory buildings of 10%. The
proposed loft space is proposed within an existing building contributing to an increase in
overall floor area for all accessory structures.
Municipality of Clarington
Committee of Adjustment
A2023-0002
6.11
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For the above stated reasons, it is in staff's opinion that the minor variance requested is
desirable for the residential use of the land and building.
Figure 7: Accessory Building Cross -Section Elevation
Minor in Nature
6.12 An increase in the maximum total floor area within the existing structure does not alter
the existing footprint or height of the building and will remain accessory to the principal
dwelling. The height variance is due to the massing of the accessory building given that
it possesses a unique slanted roof line; former minor variance applications for
accessory building heights have been approved in Clarington which exceed 5.7 metres.
The application is desirable for the appropriate development of the lands as the total
accessory floor area including the proposed additional loft space conforms to accessory
building lot coverage and zone coverage provisions and therefore meets other
provisions of the by-law in terms of setbacks and landscaped open space. There are no
anticipated negative impacts to surrounding land uses.
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 are minor increases to the provisions of the zoning by-
law.
Municipality of Clarington
Committee of Adjustment
A2023-0002
7. Conclusion
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7.1 Based on Staff's review of the application, the minor variances conform to the intent and
purpose of the Zoning By-law, 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 for minor variances to Section
3.1 c. of Zoning By-law 84-63 to facilitate the construction of a second storey loft within
an existing accessory structure by increasing the maximum total accessory floor area
for the subject property from 90 square metres to 145 square metres and to increase
the height from 4.5 metres to 5.7 metres subject to the following condition:
That two (2) existing accessory structures metres (identified in Figure 5) be
removed from the property within (120) days of the decision becoming final
and binding.
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.
Submitted by:
Amanda Tapp
Manager, Development Review Division
Staff Contact: Tyler Robichaud, Planner I, trobichaud@clarington.net
Attachments:
Interested Parties:
The following interested parties will be notified of Committee's decision:
Evan King
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