HomeMy WebLinkAboutComments A2023-0029 - 55 Donald Powell Cres
Planning and Infrastructure Services
Committee of Adjustment
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Date of Meeting: August 31, 2023
File Number: A2023-0029
Address: 55 Donald Powell Crescent, Newcastle
Report Subject: A Minor Variance application to facilitate the construction of an accessory
structure (deck) and pavilion by increasing the maximum total accessory
floor area from 60 square metres to 90 square metres and increasing the
maximum allowable height of an accessory structure from 4 metres to 5.3
metres.
Recommendations:
1. That the Report for Minor Variance Application A2023-0029 be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application A2023-0029, for Minor Variances to Section 3.1.c of Zoning By-law
84-63 to facilitate the construction of an accessory structure (deck) and pavilion by
increasing the maximum total accessory floor area from 60 square metres to 90
square metres and increasing the maximum allowable height of an accessory
structure from 4 metres to 5.3 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, 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 A2023-0029 Page 2
1. Application Details
1. Owner/Applicant: Adam Brooks
2. Proposal: To facilitate the construction of an accessory structure (deck) and pavilion
by increasing the maximum total accessory floor area from 60 square metres to 90
square metres and increasing the maximum allowable height of an accessory
structure from 4 metres to 5.3 metres.
3. Area of Lot: 725 square metres
4. Location: 55 Donald Powell Crescent, Newcastle
5. Legal Description: Part Lot 29, Concession 2
6. Zoning: ‘Urban Residential Exception (R1-67) 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 May 18th, 2023, the applicant submitted a minor variance application to request to
increase the total maximum permitted floor area for a detached accessory structure
from 60 square metres to 90 square metres. There is an existing second storey deck
(4.2 metres x 6.0 metres) abutting the house, a shed (2.7 metres x 2.7 metres) as well
as the proposed deck (52.5 square metres) which count toward the total accessory
structure floor area (See Figure 1).
2.2 The owner is proposing to mount a ‘pavilion’ on the proposed deck which is 3.2 metres
in height to the mid-point of the roof from the deck surface. The difference in grade at
the rear end of the deck to the finished grade below is 2.1 metres, therefore a variance
is required for the height (vertical distance, measured between the lowest finished grade
adjacent to the structure and the mid-point of the roof) of the pavilion (See Figure 1).
Municipality of Clarington
Committee of Adjustment A2023-0029 Page 3
Figure 1 - Backyard Site Plan
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located north of King Avenue West and west of North Street in
Newcastle. The surrounding uses include residential properties with single detached
dwellings, this lot backs onto an Environmentally Protected area owned by the
Municipality.
Municipality of Clarington
Committee of Adjustment A2023-0029 Page 4
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 proposed deck, pavilion and existing accessory structures are all incidental to the
residential use of the property and create amenity space for the owners to enjoy leisure
activity on the property. The deck, pavilion, and existing structures are 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 (R1-67)’ which permits a single
detached dwelling and associated accessory structures. Accessory structures within
urban residential zones 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 maximum total accessory structure floor area is to ensure that
there are no negative or adverse impacts on adjacent properties, that the accessory
building remains secondary to the principal use of the lands, and to prevent potential
conversions of buildings to other land uses which are not permitted in the (R1) zone,
such as commercial or industrial uses.
6.4 The proposed deck and pavilion would remain incidental to the residential use of the
property and would provide additional leisure and amenity space for the current owner.
Municipality of Clarington
Committee of Adjustment A2023-0029 Page 5
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 proposed deck, pavilion and existing
structures are accessory to the residential use of the property, providing amenity space
for the owners to enjoy. There are no privacy concerns from the height of the Pavilion
on the surface of the proposed deck as the subject property backs onto an adjacent
environmentally protected area which prohibits residential development.
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 An increase in the maximum total floor area for accessory structures from 60 square
metres to 90 square metres and height from 4.0 metres to 5.3 metres does not
significantly depart from the general zone provisions contemplated in the by-law.
6.10 Planning staff are satisfied that the accessory deck and Pavilion 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 Clarington Official Plan and Zoning By-law, 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 a minor
variance to Section 3.1 c) of Zoning By-law 84-63 to facilitate the construction of an
accessory structure (deck) and pavilion by increasing the maximum total accessory floor
area from 60 square metres to 90 square metres and increasing the maximum
allowable height of an accessory structure from 4 metres to 5.3 metres, 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.
Municipality of Clarington
Committee of Adjustment A2023-0029 Page 6
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: