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HomeMy WebLinkAboutComments A2023-0023 2704 Rundle Road 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: June 29, 2023 File Number: A2023-0023 Address: 2704 Rundle Road 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 200 square metres and increasing the maximum height from 4.5 metres to 6.2 metres. Recommendations: 1. That the Report for Minor Variance Application A2023-0023 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2023-0023, for Minor Variances to Section 3.1.c of Zoning By-law 84-63 to facilitate the construction of an accessory building by increasing the maximum total accessory floor area from 90 square metres to 200 square metres and increasing the maximum height from 4.5 metres to 6.2 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 A2023-0023 Page 2 1. Application Details 1. Owner/Applicant: Ginnie and Michael Berney 2. Proposal: To facilitate the construction of an accessory building by increasing the maximum total accessory floor area from 90 square metres to 200 square metres and increasing the maximum height from 4.5 metres to 6.2 metres 3. Area of Lot: 11,047 square metres 4. Location: 2704 Rundle Road, Darlington 5. Legal Description: Part Lot 18, Concession 4, Former Township of Darlington 6. Zoning: ‘Agricultural (A) Zone’ within Zoning by-law 84-63 7. Clarington Official Plan Designation: Environmental Protection 8. Heritage Status: None 9. Services: Private Services (Septic and Well) 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 90 square metres to 200 square metres. 2.2 After a request was made by staff, the applicant submitted written justification to planning staff explaining why the detached building was designed to the proposed specifications as well as why the owners require the size of the building and their intended use of the building. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located on the west side of Rundle Road, South of Nash Road, and North of Highway 2. 3.2 The surrounding uses include rural residential properties with single detached dwellings as well as some surrounding woodlot areas to the west and east side of Rundle Road. Municipality of Clarington Committee of Adjustment A2023-0023 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 At the time of writing this report, Staff received one inquiry from a nearby resident who requested further detail of the application. After communication with Planning staff, the resident found the variance request reasonable. 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 Central Lake Ontario Conservation Authority has indicated that they do not have an objection towards constructing the accessory structure, as proposed. A CLOCA permit will be required for the construction of the proposed dwelling subject to the decision of the Committee of Adjustment. 5.3 The Building Division of Planning & Infrastructure Services has no objection to the proposal. A building permit is required for the proposed accessory structure. 5.4 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 within Clarington’s ‘Open Space System’ and is designated ‘Environmental Protection Areas’ within the Clarington Official Plan. The property partially contains a Natural Heritage Feature and is partially within the associated 30 metre VPZ. The proposed structure is not within the Natural Heritage Feature, however, appears to be within the 30 metre VPZ. 6.2 The proposed detached garage 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 6.3 The subject site is zoned ‘Agricultural (A) Zone’ which permits a single detached dwelling and associated accessory structures. Accessory buildings on lots less than 2 hectares in area are subject to the General zone provisions in Section 3.1.c within Zoning by-law 84-63. Municipality of Clarington Committee of Adjustment A2023-0023 Page 4 6.4 The intent of limiting the maximum total accessory floor area within an accessory building 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 the buildings to other land uses which are not permitted in the Agricultural (A) zone, such as commercial or industrial uses. 6.5 The proposed garage footprint is 100 square metres, or 1.2 percent of the total lot coverage. This allows for ample outdoor amenity space and space for drainage (see Figure 1). 6.6 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. 6.7 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. 6.8 The principal use of the property is residential which has limited existing storage within the dwelling or no existing accessory building. The dwelling was constructed in the 1960s and doesn’t have full basement ceiling height making storage space extremely limited in terms of accommodating the needs of a growing family. 6.9 The proposed 3-car garage would accommodate the owners’ vehicles, boat, ATV and garden tractor. The second storey allows for storage area to allow for space where the homeowner can store their outdoor items, patio furniture, storage bins, personal items, tool chests and crafts/décor etc. 6.10 The proposed detached garage on the subject property would be setback from the road by approximately 14.5 metres. The proposed detached garage will also be situated beside the existing dwelling and is screened in by vegetation on all sides. The proposal would be similar to buildings on adjacent properties in the surrounding area and would appear to have minimal impact on surrounding land uses. 6.11 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. Minor in Nature 6.12 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. 6.13 An increase in the maximum total floor area for accessory structures from 90 square metres to 200 square metres and height from 4.5 metres to 6.2 metres does not significantly depart from residential provisions contemplated in the by-law, as the by-law Municipality of Clarington Committee of Adjustment A2023-0023 Page 5 permits residential dwellings on Agricultural (A) properties up to 10.5 metres in height and up to 30% lot coverage. Minor variances have been approved in the past for single storey buildings with 175 square metres of floor area whereas the floor area of the first storey of the proposed structure is roughly 100 square metres. 6.14 Planning staff are satisfied that the building is not intended to be converted into commercial or industrial space and believe in comparison to existing accessory structures in the immediate vicinity that this structure is in keeping with the character of the neighbourhood. 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 limited increase to the permitted residential 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 a minor variance to Section 3.1 c) of Zoning By-law 84-63 to permit the construction of an accessory structure in the form of a detached garage by increasing the permitted maximum total floor area from 90 square metres to 200 square metres and height from 4.5 metres to 6.2 metres square 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. 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: