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HomeMy WebLinkAboutComments A2023-0028 - 6 Dewell Cres 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: August 31, 2023 File Number: A2023-0028 Address: 6 Dewell Crescent, Courtice Report Subject: A minor variance application to permit an existing accessory structure (pool deck) by decreasing the rear yard and interior side yard setback for accessory structures from 0.6 metres to 0.3 metres, additionally to permit an existing raised concrete patio by increasing the maximum lot coverage from 45% to 57%. Recommendations: 1. That the Report for Minor Variance Application A2023-0028 be received; 2. That all written comments and verbal submissions were considered in t he deliberation of this application; 3. That application A2023-0028, for Minor Variances to Section 3.1.c and 12.2.f.ii) of Zoning By-law 84-63 to permit an existing accessory structure (pool deck) by decreasing the rear yard and interior side yard setback fo r accessory structures from 0.6 metres to 0.3 metres, additionally to permit an existing raised concrete patio by increasing the maximum lot coverage from 45% to 57%, 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, and Clarington Official Plan; 4. That all interested parties listed in this report be forwarded a copy of the Committee’s decision. Municipality of Clarington Committee of Adjustment A2023-0028 Page 2 1. Application Details 1. Owner/Applicant: Debbie and Adam Parsons 2. Proposal: To permit an existing accessory structure (pool deck) by decreasing the rear yard and interior side yard setback for accessory structures from 0.6 metres to 0.3 metres, additionally to permit an existing raised concrete patio by increasing the maximum lot coverage from 45% to 57%. 3. Area of Lot: 310 square metres 4. Location: 6 Dewell Crescent, Courtice 5. Legal Description: Part Lot 34, Concession 1 6. Zoning: ‘Urban Residential Exception (R1-41) Zone’ within Zoning by-law 84-63 7. Clarington Official Plan Designation: Urban Residential 8. Heritage Status: None 9. Services: Regional Water and Sewer 2. Background 2.1 On July 17th, 2023, the owners/applicant submitted a minor variance application to request a reduction of the rear and interior side yard setbacks for an accessory structure (pool deck) from 0.6 metres to 0.3 metres as well as to increase the maximum permitted lot coverage (raised patio) within the (R1-41) zone, applicable to a semi- detached building lot (linked dwelling) from 45% to 57% (See Figure 1) 2.2 The pool deck is a detached accessory structure surrounding a pool. The swimming pool does not count toward lot coverage. The poured concrete patio in the rear yard is raised to accommodate the grade differential in the backyard, the lot slopes toward the front yard. The owner has installed a sump well with an automatic sump pump on the east side of the rear yard to capture excessive runoff, which is then pumped to swales in the front yard. Municipality of Clarington Committee of Adjustment A2023-0028 Page 3 Figure 1 - Site Plan of Backyard Municipality of Clarington Committee of Adjustment A2023-0028 Page 4 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located south of Bloor Street, west of Prestonvale Road. The immediate surrounding uses are urban residential properties with single and semi- detached dwellings. 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 60 metres of the subject site. 4.2 At the time of writing this report, Staff have not received any inquiries from nearby residents. 5. Departmental and Agency Comments 5.1 The Development Engineering Division of the Planning & Infrastructure Services, has no objection with this application subject to all existing drainage patterns remaining unaltered by the proposed accessory structure. 5.2 The Building Division of Planning & Infrastructure Services has no objection to the proposal. A building permit is required for the proposed accessory structure. 5.3 Clarington Emergency and Fire Services Department has no objection. 6. Discussion Conformity with the intent and purpose of the Clarington Official Plan 6.1 The pool deck and patio are incidental to the residential use of the property and create amenity space for the owners to enjoy leisure activity on the property. The accessory structure (pool deck) is accessory to the principal residential use of the property and is in conformity with the intent and purpose of the Clarington Official Plan. Conformity with the intent and purpose of the Zoning By-law 6.2 The subject site is zoned ‘Urban residential Exception (R1-41)’ which permits a semi- detached/linked dwelling and associated accessory structures. The lot coverage provisions within this zone are subject to the parent (R1) zone regulations in Section 12.2.f.ii). Accessory structures are subject to the ‘General Zone Provisions’ in Section 3.1.c within Zoning by-law 84-63. 6.3 The intent of limiting the rear and interior yard setbacks for accessory structures is to ensure that there are no negative or adverse impacts on adjacent properties, or adverse impacts by surface water runoff. The pool deck is a partially pervious surface which allows some permeation of water as well as maintains enough space for water to drain Municipality of Clarington Committee of Adjustment A2023-0028 Page 5 around the deck towards the low point of the lot where the owner has installed a sump well which automatically pumps water toward a swale in the front of the lot. 6.4 The concrete patio is raised because of the grading on the property, sloping toward the front. The patio counts toward the R1-41 total lot coverage as the height of the patio is greater than 200mm above finished grade. The patio allows for ample outdoor amenity space and does not require a building permit. This patio would otherwise not count to the total lot coverage if it were below 200 mm above finished grade. 6.5 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. Desirable for the appropriate development or use of the land, building or structure. 6.6 The principal use of the property is residential, the pool deck and patio are accessory to the residential use of the property, providing amenity space for the owners to enjoy. 6.7 For the above stated reason, it is Staff’s opinion that the minor variance requested would be desirable for the development and use of land, building or structure. Minor in Nature 6.8 In order to determine if an application is minor, the concept needs to maintain a flexible approach, and relates to the assessment of the significance of the variance to the surrounding circumstances and to the terms of the existing By-law. It is understood that an interpretation must be based on the unique circumstances of each application. 6.9 A reduction of the minimum rear and interior yard setback for accessory structures from 0.6 metres to 0.3 metres square metres does not significantly depart from the general zone provisions contemplated in the by-law. 6.10 Planning staff are satisfied that the accessory structure (pool deck) is not intended to create adverse impacts to neighbouring properties or create any privacy issues and that this structure is in keeping with the character of the neighbourhood. 6.11 It is Staff’s opinion that the proposal is minor in nature as it does not significantly depart from the provisions of the zoning by-law. 7. Conclusion 7.1 Based on Staff’s review of the application the application conforms to the intent and purpose of the Zoning By-law and the Clarington Official Plan, 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 Minor Variances to Section 3.1.c and 12.2.f.ii) of Zoning By-law 84-63 to permit an existing accessory structure (pool deck) by decreasing the rear yard and interior side yard setback for accessory structures from 0.6 metres to 0.3 metres, additionally to permit an Municipality of Clarington Committee of Adjustment A2023-0028 Page 6 existing raised concrete patio by increasing the maximum lot coverage from 45% to 57%, 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 and the Clarington Official Plan. Submitted by: Morgan Jones Secretary-Treasurer, Committee of Adjustment Staff Contact: Tyler Robichaud, Planner II, 905-623-3379 extension 2420 or TRobichaud@clarington.net. Interested Parties: The following interested parties will be notified of Committee's decision: