HomeMy WebLinkAboutComments A2023-0018 645 Townline Road-June 29 2023
Planning and Infrastructure Services
Committee of Adjustment
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Date of Meeting: June 29, 2023
File Number: A2023-0018
Address: 645 Townline Road North, Darlington
Report Subject: A minor variance application to facilitate the construction of an accessory
building by increasing the maximum total accessory floor area from 90
square metres to 149 square metres and increasing the maximum height
from 4.5 metres to 5.9 metres.
Recommendations:
1. That the Report for Minor Variance Application A2023-0018 be lifted from the table;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application A2023-0022, for Minor Variances to Section 3.1.c of Zoning By-law
84-63 to facilitate the construction of an accessory structure (detached garage) by
increasing the permitted maximum total accessory floor area from 90 square metres
to 149 square metres and increasing the maximum height from 4.5 metres to 5.9
metres, be approved subject to the following condition being completed at the time
of building occupancy being granted for the new accessory structure:
i. That the applicant/owner removes (2) existing structures from the property
which includes a shipping container, and accessory building located behind
the dwelling.
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 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 A2023-0022 Page 2
1. Application Details
1. Owner/Applicant: Michael Provenzano
2. Proposal: To permit the construction of an accessory building by increasing the
maximum total accessory floor area from 90 square metres to 149 square metres
and increasing the maximum height from 4.5 metres to 5.9 metres .
3. Area of Lot: 1.0 Acre
4. Location: 645 Townline Road, Darlington
5. Legal Description: Part Lot 18, Concession 4, Former Township of Darlington
6. Zoning: ‘Agricultural (A)’ within Zoning By-law 84-63
7. Clarington Official Plan Designation: Environmental Protection
8. Heritage Status: None
9. Services: Private Septic and Municipal Water (300mm Water Main Assumed or In
service)
2. Background
2.1 On March 30th, 2023, a minor variance application was submitted by t he owner,
however due to an incomplete application form Staff recommend ed to table this
application to allow the owner/applicant to submit a full and complete application.
2.2 The application was tabled on April 27th, 2023, to allow the owner/applicant to submit a
full and complete application.
2.3 On May 23rd, 2023, the owner submitted the necessary details for the Municipality to
deem the Minor Variance application complete.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located on the east side of Townline Road, 300 metres south of
Pebblestone Road.
3.2 The surrounding uses north and south are rural-residential dwellings on agriculturally
zoned lots, west of the property is a low-density residential subdivision (City of Oshawa)
and to the east, the property backs onto a vacant woodlot with wetland, zoned
Agricultural (A) and Environmental Protection (EP).
Municipality of Clarington
Committee of Adjustment A2023-0018 Page 3
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 site.
4.2 A member of the public expressed opposition to the application at the April 27th
Committee of Adjustment meeting; citing concerns as follows: “T Otvos: spoke in
opposition to the application and stated – I am concerned with the environmental
impacts that this proposal presented in the application will have on the surrounding
area, and the property is regulated by CLOCA. I am also concerned with the increase in
ADUs on this property, when sanitary and water servicing is not provided on this part of
Clarington. I am also concerned about traffic safety worsening because of this
application. I also have privacy concerns with this application. I also have concerns with
this application becoming a triplex.”
4.3 The Environmental impacts for the proposal were reviewed by the Central Lake Ontario
Conservation Authority and they do not have any objection towards constructing the
accessory structure as proposed, given the small extent of the development. This
property is situated within the Greenbelt and up to (1) ADU is permitted, either in an
accessory building or within the principal dwelling unit subject to a building permit
application - these applications are reviewed by regional government agencies to
ensure the development can be supported by private servic es. The accessory structure
maintains the required setbacks to interior property lines and is setback from Townline
Road approximately 55 metres therefore the proximity to neighbouring property lines
meets the criteria in the applicable zoning by-law. Traffic safety should not be of
concern due to the accessory building as this is a supported residential structure for the
residential use of the land.
5. Departmental and Agency Comments
5.1 The Development Engineering Division of the Planning & Infrastructure Services, has
reviewed the proposal and have the following comments:
• The provided plans indicate the proposed accessory structure will be constructed
with a gabled roof. A grading plan is required to confirm that drainage from the
accessory structure will not impact the neighbouring property to the north. Please
indicate the discharge locations for roof water leaders.
• The provided grading plan shall also confirm that existing drainage patterns will
remain unaltered by the proposed accessory structure.
• The provided plans may be subject to additional comments related to grading
and servicing at the Building Permit stage.
5.2 The Building Division of Planning and Infrastructure Services has no objection to the
proposal. A building permit is required for the proposed accessory structure.
Municipality of Clarington
Committee of Adjustment A2023-0018 Page 4
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 subject property is designated “Environmental Protection” in the Clarington Official
Plan.
6.2 As per Section 23.5.1 “An existing use of land, building or structure which is lawfully in
existence prior to the passage of the relevant Zoning By-law and which does not
conform to this Plan, but continues to be used for such purposes, shall be deemed to be
legal non-conforming.”
6.3 The proposed detached garage is accessory to the principal residential use of land 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
6.4 The subject site is zoned “Agricultural (A)” within Zoning By-law 84-63, which permits a
single detached dwelling and associated accessory structures. Accessory structures on
lots less than 2 hectares are to follow the General Zone Provisions in Section 3.1.c. of
Zoning By-law 84-63.
6.5 The applicant is requesting to increase the maximum permitted total allowable
accessory floor area from 90 square metres to 149 square metres. The intent of the
maximum floor area for accessory structures is to ensure that there is sufficient open
space for drainage, that the accessory structures/buildings remain secondary to the
principal use of the lands, and to prevent potential conversions of the buildings to other
land uses which are not permitted in the Agricultural Zone, such as commercial or
industrial uses.
6.6 The principal use of the property is a residential dwelling. The application is subject to a
condition that the applicant/owner removes (2) existing structures from the property
which includes a shipping container, and accessory building located behind the
dwelling.
6.7 The proposed garage is 149 square metres in floor area, or 3.6 percent of lot coverage.
This allows for ample outdoor amenity space and space for drainage.
6.8 The proposed detached garage would remain ancillary to the existing 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.
6.9 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.
Municipality of Clarington
Committee of Adjustment A2023-0018 Page 5
6.10 Larger rural lots can support residential uses with accessory structures. The proposed
accessory structure is setback from the road and is screened from view by vegetation
and the existing dwelling.
6.11 The proposed detached garage on the subject property would be setback from the road
by approximately 55 metres. The proposal would be similar to the other rural properties
in the surrounding area which have accessory structures and would appear to have
minimal impact on surrounding land uses. Furthermore, it would provide a space to
contain any personal items that may otherwise be stored outdoors.
6.12 For the above stated reasons, it is Staff’s opinion that the minor variance requested
would be desirable for the development and use of land, building or structure. The
proposal would be appropriate for the lands and not be detrimental to the surrounding
area.
Minor in Nature
6.13 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.
6.14 An increase in the maximum total floor area for accessory structures from 90 square
metres to 149 square metres does not significantly depart from the provisions
contemplated in the by-law, and the total floor area of the accessory building, will be
smaller than the floor area of the principal residence. There are no anticipated negative
impacts to surrounding land uses. The design of the detached garage appears to
remain accessory to the principal dwelling in terms of scale and residential use of the
subject lands. It does not significantly alter the use of the land. As well, the lot coverage
of the proposed accessory structure will be 3.6 percent, well below the 10.0 percent
maximum required by the zoning by-law. Furthermore, all other zoning provisions of
Section 3.1.c) of Zoning By-law 84-63 are being complied with.
6.15 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 provision of the
zoning by-law to allow for extra storage space.
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 a minor
variance to Section 3.1 c) of Zoning By-law 84-63 to permit the construction of an
accessory structure (detached garage) by increasing the permitted maximum total floor
area for all accessory structures from 90 square metres to 149 square metres and to
Municipality of Clarington
Committee of Adjustment A2023-0018 Page 6
increase the height from 4.5 metres to 5.9 metres subject to the following condition
being completed at the time of building occupancy is granted for the new accessory
structure:
i. That the applicant/owner removes (2) existing structures from the property
which includes a shipping container, and accessory building located behind
the dwelling.
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 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:
Todd Otvos