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Home My WebLink AboutComments A2023-0019 1188 Church Street April 27Clar_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_3ki .Ti�l�ia�G��Ij►�C�II171�7 Address: 1188 Church Street, Newcastle Report Subject: A minor variance application to facilitate the construction of an accessory structure by increasing the permitted maximum total floor area of all accessory structures from 60m2 to 111.5m2 and by increasing the maximum Dermitted heiaht from 4m to 5.3m. Recommendations: 1. That the Report for Minor Variance Application A2023-0019 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2023-0019 for a minor variance to Section 3.1 c) of Zoning By-law 84-63 to facilitate the construction of a detached accessory structure an accessory structure by increasing the permitted maximum total floor area of all accessory structures from 60m2 to 111.5m2 and by increasing the maximum permitted height from 4m to 5.3m be approved subject to the following conditions being satisfied; i. That a grading plan be submitted at the time of applying for a building permit application in order to indicate the discharge locations for roof water leaders and to confirm that existing drainage patterns will remain unaltered by the proposed accessory structure; ii. That the existing garden shed be removed at the time that building occupancy is granted; 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 A2023-0019 1. Application Details Paae 2 1.1 Owner/Applicant: Thomas Stephens 1.2 Proposal: Minor variance to Section 3.1 c) of Zoning By -Law 84-63, to facilitate the construction of a detached accessory structure by increasing the permitted maximum total floor area of all accessory structures from 60m2 to 111.5m2 and by increasing the maximum permitted height from 4m to 5.3m. 1.3 Area of Lot: 1412.65 square metres 1.4 Location: 1188 Church Street, Newcastle 1.5 Legal Description: Part Lot 18, Concession 1, Former Town of Newcastle 1.6 Zoning: Urban Residential Exception (R1-1) Zone 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 A2023-0019 CO k� F- 38 41 Z) 46 O 56 N . U) N fl ao 58 N rN r�i m 68 T r - - EMILY ST W w T E EMILY S� 76 W ❑ W 89 rn 1086 � 86 :84]0 U) 1089 N - 113 1102 = 1093 W W 100 U 108 11 r' 116 �7 ❑ 127 1122 Z) 1128 = 1133 U) 1 126 Q 149 U 114 M 136 J n U) W 87 W W 107 ca 115 127 140 CAROLINE ST W CAROLINE ST E 139 _ - J 152 1162 1165 1I 164 1� 180 1181 182 11 LOT: 29 IV CON:1 1195 196 1204 1207 LOT:28 3`J� • • Church St CON 1 1216 M 212 151 165 181 195 209 211 EDWARD ST W = 1 3 5 T 9` 11 � e3 M ~ 0O 243 250 250 257 -- 261 260 274 261 W W 1273 _ W 287 0Y F- 1283 286 285 288 y 1305 298 J 295 50 305 U J JAMES ST W JAMES ST E 317 10� 1330 V 1311L324 3237�338 329 1323 345 15 347 — Property Location Map (Newcastle) W - Area Subject To Minor Variance S F 1188 Church Street A2023-0019 I Tyrone „ i- i New astle�� is 4 M, • l® 1i Luke Ontario Figure 1: Location Map Municipality of Clarington Committee of Adjustment A2023-0019 2. Background Page 4 2.1 On April 3rd, 2023, Planning Staff received an application for a minor variance from the owner. The application seeks to facilitate the construction of a detached accessory structure (workshop) by increasing the permitted maximum total floor area of all accessory structures from 60m2 to 111.5m2 and by increasing the maximum permitted height from 4m to 5.3m. The owner wants to store personal items such as lawn trackers, garden supplies and space to work on personal projects around the house. 2.2 There is an existing accessory structure (garden shed) located on the subject site. 3. Land Characteristics and Surrounding Uses 3.1 The subject site is located at 1188 Church Street, Newcastle, generally south of Caroline Street and west of Mill Street South (Figure 1). The lot is approximately 1412.65 square metres with an approximate lot frontage of 30.7m and an approximate depth of 46.1 m. 3.2 The surrounding uses to the immediate north, south, and east are existing urban residential. To the west is the Newcastle Memorial Arena. 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 site. In addition, the public notice was mailed to each landowner within 60m of the subject site. 4.2 At the time of writing this report, Staff did not receive any inquiries from members of the public about this application. 5. Departmental Comments 5.1 The Development Engineering Division of Planning & Infrastructure Services has reviewed the proposal and have no objections provided a grading plan be required in submitting with the building permit application to indicate the existing drainage pattern within the lot remain unaltered by the proposed accessory structure and to indicate the discharge locations for roof water leaders. 5.2 The Building Division of Planning and Infrastructure Services has reviewed the proposal and have no objections. 5.3 Clarington Emergency and Fire Services Department have reviewed the proposal and have objections. Municipality of Clarington Committee of Adjustment A2023-0019 6. Discussion Page 5 Conformity with the intent and purpose of the Regional and Clarington Official Plans 6.1 The subject site is designated Living Areas within the Region of Durham Official Plan. 6.2 The subject site 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 site is zoned "R1-1 ", 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 total accessory floor area from 60m2 to 111.5m2. This does not include the existing garden shed (see Figure 2). The intent and purpose of limiting the maximum floor area for accessory structures is to ensure that the accessory structure 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 structure would remain ancillary to the single detached dwelling in terms of size 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 accessory structures would be under maximum lot coverage of 40% within the "R1-1" zone. There is an existing garden shed, of which staff are recommending be removed post -construction. The applicant has agreed to this condition (see Figure 2). Drainage questions were raised by Development Engineering Division, and those questions will be answered by requiring, as a condition of approval, that a grading plan be submitted at the time of applying for a building permit application (see Figure 3). 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. Municipality of Clarington Committee of Adjustment A2023-0019 Page 6 Figure 2 - Aerial map of the property showing the existing the garden shed that shall be removed as a condition of approval. M. Figure 3 — Site Plan indicating the location of the proposed accessory structure. Municipality of Clarington Committee of Adjustment A2023-0019 Page 7 Desirable for the appropriate development or use of the land, building or structure 6.9 The permitted use for the subject site is residential. The proposed detached structure would store the many personal items and improve the usability of the property for the current owner. 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 well below the total lot coverage of 40%. The proposed detached structure would not be visible from the street since it will be at the rear of the existing dwelling and would not impact privacy onto neighbouring properties (see Figure 4). 6.11 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. FRONT ELEVATION SELF SEALING ASPHALT CHI NGLES(YR) MID POINT OF ROOF PRE FIN. ALUM RWL, GU3TER, FASCIA BOARD VENTED SOFFIT & GABLE RETURNS (TYR) YOP OF PLR is r u,s cm ,0r METAL VERTICAL i a SIDING (TYP.) 1 ROW OF 61 X 61 X 16' DONCRETE BLOCK ON TOP OF CONCRETE $LAB TOP OF CONCRETE BLOCK FIN, WORKSHOP SLAB IN. TIMME WS OF FOOTING 4 ENGI NEE RED CONCRETE R LAB SLAO.ON-GRADE-FOUNDATION Figure 4 — Front Elevation of the proposed accessory structure. Minor in Nature 6.12 An increase in the maximum total floor area for accessory structures from 60 square metres to 111.5m2 does not significantly depart from the provisions contemplated in the by-law. There are no anticipated negative impacts to surrounding land uses. The detached structure meets all other provisions of the by-law in terms of setbacks will remain accessory to the principal dwelling (see Figure 4). It does not significantly alter the use of the land. Municipality of Clarington Committee of Adjustment A2023-0019 Page 8 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 it is a slight 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 recommend approval of the application for a minor variance to Section 3.1 c. of Zoning By-law 84-63 to facilitate the construction of a detached accessory structure by increasing the permitted maximum total floor area of all accessory structures from 60m2 to 111.5m2 and by increasing the maximum permitted height from 4m to 5.3m be approved subject to the following conditions being satisfied; i. That a grading plan be submitted at the time of applying for a building permit application in order to indicate the discharge locations for roof water leaders and to confirm that existing drainage patterns will remain unaltered by the proposed accessory structure; ii. That the existing garden shed be removed at the time building occupancy is granted; 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 Submitted by: i �0s� Amanda Tapp Manager, Development Review Division Staff Contact: Jacob Circo, Planner II, 905-623-3379 extension 2425 or JCirco(a)_clarington.net Interested Parties: The following interested parties will be notified of Committee's decision: Thomas Stephens