Loading...
HomeMy WebLinkAboutComments A2023-0002 Feb 22 2023Clarftwa 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: 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 2100 2097 2083 Lu 207 J LOT:19 CON:2 > Z 2051 LOT.,18 CON:2 2048 0 .,., Jr-41111 ; m 2028 O �� N OM 2010 O CO� qtq* DURHAM HIGHWAY 2 O co co T 0 �u7 M 0) 0) 0) 0) Oco co co co M 41u: �LOT:19 CON: 1 BROWNSVILLE CT LDT: 18 1693 T 1685 Property Location Map (Brownsville) N W E - Area Subject To Minor Variance s 2011 Brownsville Road A2023-0002 �ryo� Newcastle nog. o-. ,. fake Dnta s1 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 Q Figure 2: Proposed Loft Area �s Municipality of Clarington Committee of Adjustment A2023-0002 lim Figure 3: Proposed loft space of 34.2 square metres Paae 6 Im 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. N ------------ E3-,0 ,1ne- 1F41M 3.22 H _ S GRA:F_N m ry 3 3.95 M IIA 314- 2B4 M 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 Paae 10 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 Paae 11 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 Paae 12 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 INIfW.Ti 9 .. it117