HomeMy WebLinkAboutComments A2023-0030 - 84 Bannister Street
Planning and Infrastructure Services
Committee of Adjustment
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Date of Meeting: August 31, 2023
File Number: A2023-0030
Address: 84 Bannister Street, Bowmanville
Report Subject: To facilitate the construction of a below grade stairway to a dwelling by
increasing the rear yard projection from 1.50 metres to 3.20 metres,
leaving a 4.30 metre rear yard setback.
Recommendations:
1. That the Report for Minor Variance A2023-0030 be received.
2. That all written comments and verbal submissions were considered in the
deliberation of this application.
3. That application A2023-0030 for a minor variance to Section 3.1 g. iv) and Section
12.4.41. b. iv) of Zoning By-law 84-63, to facilitate the construction of a below grade
stairway to a dwelling by increasing the rear yard projection from 1.50 metres to 3.20
metres, leaving a 4.30 metre rear yard setback 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; and
4. That all interested parties listed in this report be forwarded a copy of Committee’s
decision.
Municipality of Clarington
Committee of Adjustment Page 2
A2023-0030
1. Application Details
1.1 Owner
1.2 Applicant:
Bridget Alaniz
Bridget Alaniz
1.3 Proposal Minor variance to Section 3.1 g. iv) and 12.4.41.b. iv) of
Zoning By-law 84-63, to facilitate the construction of a below
grade stairway to a dwelling by increasing the rear yard
projection from 1.50 metres to 3.20 metres, leaving a 4.30
metre rear yard setback.
1.4 Area of Lot: 290.2 square metres
1.5 Location: 84 Bannister Street, Bowmanville (See Figure 1)
1.6 Legal Description: Part Lot 16, Concession 1
1.7 Zoning: Urban Residential Exception (R1-41)
1.8 Clarington Official
Plan Designation:
Urban Residential
1.9 Heritage Status: None
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A2023-0030
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2. Background
2.1 On August 26th, 2022, a building permit application (BLDG-2022-0705) was received for
the construction of a basement Additional Dwelling Unit (ADU) which inclu ded a
proposed below grade entrance to the ADU in the rear yard. On October 21st, 2022, the
building permit was approved to construct the Additional Dwelling Unit and below grade
stairway. Upon site inspection by building division staff in early July 2023, it was
determined that the below grade stairway under construction did not comply with the
Zoning By-law.
2.2 On August 11th, 2023, Planning Staff received an application for Minor Variance from
the owner of 84 Bannister Street, Bowmanville. The application seeks to permit a below
grade stairwell to a proposed ADU within the basement of the subject dwelling by
increasing the rear yard projection of the below grade stairwell from 1.50 metres to 3.20
metres, leaving a 4.30 metre rear yard setback (See Figure 3).
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 84 Bannister Street, Bowmanville, which is west of
Bannister Street and north of Woolner Lane (See Figure 2). The lot is approximately
290.2 square metres with an approximate frontage of 9 metres and an approximate
depth of 32 metres. The surrounding uses to the immediate north, south, east, and west
are existing urban residential.
Municipality of Clarington
Committee of Adjustment Page 5
A2023-0030
Figure 2: Subject lands and surrounding context.
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 60m of the subject lands.
4.2 At the time of writing this report Staff have not received any inquiries regarding the
proposal.
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Committee of Adjustment Page 6
A2023-0030
5. Departmental Comments
5.1 The Development Engineering Division of Planning & Infrastructure Services has
reviewed the proposal and has no objections.
5.2 The Building Division of Planning and Development Services has no objections.
5.3 Clarington Emergency and Fire Services Department has no objections.
6. Discussion
Conformity with the intent and purpose of the Clarington Official Plan
6.1 The subject property is designated Urban Residential within the Clarington Official Plan.
6.2 The Clarington Official Plan permits the residential use of the property as well as a
basement ADU. The proposed below grade stairway is permitted and necessary to
provide access to the ADU.
6.3 It is staff’s opinion that the application conforms to the intent and purpose of both Official
Plans.
Conformity with the intent and purpose of the Zoning by-law
6.4 The subject property is zoned ‘Urban Residential Exception R1-41” which permits an
ADU and a below grade stairway to the principal residence is permitted through the
general provisions of Zoning By-law 84-63. Modifications to the exterior of the principal
residence to accommodate an ADU are permitted and subject to the provisions of the
‘R1-41’ zone as well as the General Zone provisions in Section 3.1.g of Zoning By-Law
84-63.
6.5 The “R1-41” zone requires a minimum rear yard setback of 7.5 metres and the General
Zone provisions permit stairs, decks, and other various structures to project into any
required side or rear yard to a distance of not more than, 1.5 metres leaving a setback
of 6 metres. The intent and purpose of allowing (but limiting) stairs, decks, and other
structures to project into required yard setbacks is to ensure sufficient rear yard amenity
space and to provide adequate separation between the dwelling and the rear yard
amenity space of an abutting property (see Figure 3).
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A2023-0030
6.6 It is in staff’s opinion that the proposed increased rear yard projection maintains
sufficient outdoor amenity space, a sufficient rear yard setback, and has minimal
impacts on stormwater management (see Figure 3). For the above reasons, it is in
staff’s opinion that the proposal maintains the intent and purpose of the Zoning By-law.
Figure 3: Proposed below grade stairwell.
Desirable for the appropriate development or use of the land, building or structure.
6.7 The appropriate development for the subject property is residential. The proposed
below grade stairwell would not appear to have any negative impacts on the
neighbourhood and would improve the usability of the property and dwelling for the
current owner.
6.8 The development of the stairwell will not significantly impact the am ount of landscaped
open space available for current or future owners of the property. The dwelling was
constructed with an 8.63 metre rear yard setback (See Figure 3). In Staff’s opinion, the
proposed below grade stairwell does not significantly alter or have any adverse effects
to the lot itself or surrounding properties. The minor variance can be attributed to a
minor increase of the permitted projection into the rear yard setback.
6.9 The principal residence on the subject property was constructed with an 8.63 metre
setback, leaving minimal space for projections. In Staff’s opinion, the proposed below
grade stairway is necessary to access the permitted basement ADU, and the minor
variance can be attributed to a minimal rear lot setback to the dwelling itself.
Minor in Nature
6.10 The below grade stairway provides legal access for ingress and egress to the basement
ADU, while maintaining the landscaped area as a suitable amenity space for current
and future owners.
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Committee of Adjustment Page 8
A2023-0030
6.11 The subject property’s rear yard setback as well as the stairwell projection are the main
contributing factor as to why a variance is required. Any neighbourhood impacts from
the proposed stairwell being located closer to the rear lot line can be considered
negligible.
6.12 The reduction of the rear yard setback to a dwelling does not significantly depart from
the provisions contemplated in the by-law. There are no anticipated negative impacts to
surrounding land uses and the lot is large enough to accommodate the proposed
structure. Any neighbourhood impacts from the proposed addition reducing the amenity
space can be considered negligible.
6.13 For the above stated reasons, it is Staff’s opinion that the proposed increase to the
permitted stairwell projection is minor in nature.
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 subject application for a
Minor Variance to Section 3.1 g. iv) and 12.4.41. b. iv) of Zoning By-law 84-63, to
facilitate the construction of a below grade stairway to a dwelling by increasing the rear
yard projection from 1.50 metres to 3.20 metres, leaving a 4.30 metre rear yard setback.
Submitted by:
Morgan Jones, Secretary-Treasurer of the Committee of Adjustment
Development Review Division
Staff Contact: Staff Contact: Jacob Circo, Planner II, 905-623-3379 extension 2425 or
JCirco@clarington.net.
Interested Parties:
The following interested parties will be notified of Committee's decision:
Bridget Alaniz