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HomeMy WebLinkAboutComments A2023-0020 14 Washburn PathClar_Wgton 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: April 27, 2023 r_3 ki Fin, Address: 14 Washburn Path, Courtice Report Subject: To facilitate the construction of a deck by reducing the rear yard setback to the deck from 6 metres to 3 metres and to increase the rear yard deck projection from 1.5 metres to 3 metres. Recommendations: 1. That the Report for Minor Variance Application A2023-0020 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2023-0020 for minor variances to Section 12.4.94 (g) ii) and 3.1.(g) iv) of Zoning By-law 84-63, to facilitate the construction of a deck by reducing the rear yard setback to the deck from 6 metres to 3 metres and to increase the rear yard deck projection from 1.5 metres to 3 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 A2023-0020 1. Application Details 1.1 Owner: Jaswinder Dhaliwal Paae 2 1.2 Proposal Minor variances to Section 12.4.94 (g) ii) and 3.1.(g) iv) of Zoning By-law 84-63, to facilitate the construction of a deck by reducing the rear yard setback to the deck from 6 metres to 3 metres and to increase the rear yard deck projection from 1.5 metres to 3 metres. 1.3 Area of Lot: 330 square meters 1.4 Location: 14 Washburn Path, Courtice (see Figure 1) 1.5 Legal Description: Part Lot 33, Concession 3, Former Township of Darlington; 1.6 Zoning: 1.7 Clarington Official Plan Designation: 1.8 Durham Region Official Plan Designation: 1.9 Heritage Status: "Urban Residential Exception (R1-94) Zone" of Zoning By- law 84-63 Urban Residential Living Areas None Municipality of Clarington Committee of Adjustment A2023-0020 Paae 3 2. Background 2.1 On April 4t", 2023, the owner of the subject site submitted a Minor Variance application. The application seeks to permit the construction of a deck reducing the rear yard setback and deck projection. 2.2 The existing deck is at the maximum permitted setback, as permitted in the "Urban residential Exception (R1-94) Zone". Therefore, a variance is required to project any further towards the rear property line. 2.3 In 2019, the Municipality requested that the Tooley Mills condominium complex board hire an engineer to assess the effect of additions of decks and other additional structures on the overall private stormwater management scheme for the entire site. That assessment was completed in September 2019 by D.G. Biddle & Associates and approved by Clarington's Engineering Services Department. Based on the engineer's calculations, each individual unit may have an additional 17.05 square metres of impervious surfaces, which includes patios, decks, sunrooms, or sheds. 2.4 The proposed deck is 16.3 square metres and is within the allowed increase as per the above noted study (see Figure 2). tf* A Figure 1 - subject site location i Municipality of Clarington Committee of Adjustment A2023-0020 Page 4 2.5 The existing rear yard setback is 6.0 metres from the dwelling to the rear lot line. The owner plans to construct a deck that projects 3.0 meters into the rear yard setback. 3. Public Notice and Submissions 3.1 Pursuant to the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject site. In addition, a public notice was mailed to each landowner within 60m of the subject site. 3.2 At the time of writing this report, Staff has received several comments from nearby residents expressing opposition to the application. 4. Departmental Comments 4.1 The Development Engineering Division of Planning and Infrastructure Services has reviewed the application and has no objections. 4.2 The Building Division of Planning and Infrastructure Services has reviewed the application and has no objections. 4.3 Clarington Emergency and Fire Services Department has reviewed the application and has no objections. 5. Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 5.1 The subject site is designated "Living Areas" in the Durham Region Official Plan and is designated "Urban Residential" in the Clarington Official Plan. 5.2 Both the Regional and Clarington Official Plans permit residential uses on the property. 5.3 For the above reasons, 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 5.4 The subject site is zoned "Urban Residential Exception (R1-94) Zone" subject to the provisions within Section 12.4.94 of the by-law. 5.5 The zoning by law permits single detached dwellings and accessory residential uses on the property which includes decks and other structures. 5.6 It is in staff's opinion that the proposed increased projection maintains sufficient outdoor amenity space, a sufficient rear yard setback, and has minimal impacts on stormwater management. 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 Municipality of Clarington Committee of Adjustment A2023-0020 Page 5 5.7 The appropriate development for the subject site is residential. The proposed deck would not appear to have any negative impacts on the neighbourhood and would improve the usability of the property for the current owner. 5.8 The proposed deck is replacing an existing deck and no concerns regarding privacy have been raised at the time of writing this report. The proposed deck is in keeping with character of the neighbourhood as the proposal for the subject site is similar in nature to neighboring variances granted in recent years. 5.9 The principal dwelling on the subject site was constructed with a 6-metre setback, leaving minimal space for projections. In Staff's opinion the proposed deck is not significantly oversized, and the minor variance can be attributed to the minimal rear lot setback to the dwelling itself. as n Figure 2: Proposed deck configuration Minor in Nature 5.10 The proposed variances conform to the general intent of both Regional and Local Official Plans while maintaining the intent of the provisions of Urban Residential Zones within Zoning By-law 84-63. 5.11 It is of the opinion of the Planning and Infrastructure Services Department - Development Review Division that the variances requested in this application are considered to be minor in nature. Municipality of Clarington Committee of Adjustment A2023-0020 Page 6 6. Conclusion 6.1 Based on Staff's review 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. 6.2 Given the above comments, Staff recommends approval of the subject application for Minor Variances to Section 12.4.94 (g) ii) and 3.1.(g) iv) of Zoning By-law 84-63, to facilitate the construction of a deck by reducing the rear yard setback to the deck from 6 metres to 3 metres and to increase the rear yard deck projection from 1.5 metres to 3 metres. Submitted by: %F Amanda Tapp, Manager, Development Review Division Staff Contact: Tyler Robichaud, Planner II, (905) 623-3379 x2420 or TRobichaud(c�clarington.net. Interested Parties: The following interested parties will be notified of Committee's decision: