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HomeMy WebLinkAboutStaff Report A2024-0035 102 Chruch St NClarftwn Planning and Infrastructure Services Committee of Adjustment - Minor Variance If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: September 26, 2024 File Number: A2024-0035 Address: 102 Church Street North, Orono, ON Report Subject: A minor variance application to permit the extension of a legal non- complying accessory structure by increasing the maximum permitted accessory floor area from 60 square metres to 80 square metres and by increasing the maximum permitted accessory structure lot coverage from 10% to 14%. Recommendations: 1. That the Report for Minor Variance Application A2024-0035 be received; 2. That all written comments and verbal submissions be considered in the deliberation of this application; 3. That application A2024-0035, for a Minor Variance to Section 3.1.c. by permitting the extension of a legal non -complying accessory structure by increasing the maximum permitted accessory floor area from 60 square metres to 80 square metres and by increasing the maximum permitted accessory lot coverage from 10% to 14%, be approved as it maintains the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 84-63, desirable for the appropriate development or use of the land and minor in nature. 4. That all interested parties listed in this report be forwarded a copy of the Committee's decision. Municipality of Clarington Committee of Adjustment A2024-0035 Page 2 1. Application Details 1.1 Owner: Justin Gunn and Megan Gunn 1.2 Applicant: Justin Gunn and Megan Gunn 1.3 Proposal: A minor variance application to permit the extension of a legal non -complying accessory structure by increasing the maximum permitted accessory floor area from 60 square metres to 80 square metres and by increasing the maximum permitted accessory lot coverage from 10% to 14%. 1.4 Area of Lot: 687.96 square metres 1.5 Location: 102 Church Street North, Orono 1.6 Legal Description: Part Lot 28, Concession 5, Former Township of Clarke 1.7 Zoning: General Commercial Exception (C1-2) Zone 1.8 Clarington Official Village Centre Plan Designation: 1.9 Heritage Status: None 1.10 Water, Sewage and Municipal Water, Septic System Storm Servicing: Municipality of Clarington Committee of Adiustment A2024-0035 Paae 3 014 s s « 012 5710 Park Street 530d Z 7 .L.0 T n5290 L U 52€a ,5 V74 `77 5270 .2. 70F CA OT:2S LOP. 29 C CON: 5 CON: 5 1< 97 5259 5254 524E 39 52A2 J-1 w 136 S%16 �+ - N 130 1- n Steet .« 62 V U Property Location Map (Orono) * -Area Subject To Minor Variance 5 102 Church Street North, Orono A2024-4035 1'— m Newcastle L¢ A, O ie t Figure 1: Property Location Map Municipality of Clarington Committee of Adiustment A2024-0035 Paae 4 2. Background 2.1 There are 3 accessory structures on the property: a shed, a gazebo and a legal non- complying garage. The legal non -complying detached garage has existed since prior to the passing of Zoning By-law 84-63. However, between 2021-2022, an extension to the legal non -complying detached garage was built without a building permit. Upon receiving a compliance order from the Building Division, as the accessory structure is legal non -complying the owner was advised to consult with the Planning Division to determine next steps. Planning Staff reviewed the file and processed to notify the owner that a minor variance application is required to permit and legalize the increase in maximum accessory floor area and lot coverage for the accessory structure. 2.2 On August 2nd, 2024, Planning Staff received an application for minor variance from the owner of 102 Church Street North. The minor variance application is proposed to permit the extension of a legal non -complying accessory structure by increasing the maximum permitted accessory floor area from 60 square metres to 80 square metres and by increasing the maximum permitted accessory lot coverage from 10% to 14% (See Attachment 1). 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located east of Main Street in Orono, south of Park Street and on the west side of Church Street North (See Figure 1). The property's lot area is approximately 687.96 square metres in size and has approximately 28 metres of frontage on Church Street with an approximate depth of 28 metres. 3.2 The surrounding uses are as follows: a. South — Woodlands; b. North- Single detached residential homes; c. East — Single detached residential homes and the Orono Arena and Community Centre; and, d. West — Single detached residential homes and the Sidney B. Rutherford Woods Walk Park 4. Public Notice and Submissions 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of 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, one of the members of the public raised concerns of the legal non -complying garage in proximity to their property line. Municipality of Clarington Committee of Adjustment A2024-0035 Page 5 5. Departmental and Agency Comments 5.1 Clarington Development Engineering Division has no objections subject to the following comment; A grading plan will not be required. However, the applicant's responsibility to ensure that extension does not affect adjacent properties negatively or cause any drainage or grading issues. 5.2 Clarington Building Division has no objections subject to the following comment that the agent/owner submit a building permit application for the proposal. 5.3 Durham Health Department will review the proposal at the Building Permit stage. 5.4 Clarington Emergency and Fire Services Department has no objections. 6. Discussion Maintain the general intent and purpose of the Clarington Official Plan 6.1 Section 23.5 (Non -Conforming Uses policies) of the Clarington Official Plan states that similar uses may be permitted provided they meet criteria a) through f) in 23.5.3 for properties outside of the Oak Ridges Moraine. The criteria evaluates adverse impacts to surrounding properties, and the impacts of the use on traffic, natural environment, odour, noise, etc. 6.2 It is Staff's opinion that the criteria outlined in chapter 23 of the Clarington Official Plan has been satisfied and it does not appear that legalizing the expansion to the legal non- complying structure would impact the neighbouring properties or the current uses on the property. 6.3 It is staff's opinion that the proposal conforms to the intent and purpose of the Official Plan. Maintain the general intent and purpose of the Zoning By-law 6.4 The subject property is zoned "General Commercial Exception (C1-2) Zone", which permits dwelling units and associated accessory structures that existed at the date of passing of Zoning By -Law 84-63. Accessory structures in the "C1-2" zone are subject to the Urban Residential Zone provisions in Section 3.1.c. of Zoning By -Law 84-63. 6.5 The property is considered legal non -complying as the dwelling and associated accessory structure existed prior to Zoning By -Law 84-63. Through section 3.6(b) in Zoning By -Law 84-63 the Committee has the power to grant variances for the expansion of a legal non -complying use. The proposed minor variance is in keeping with the legal non -complying status that exists on the property. The proposed minor variance seeks to legalize the expansion of an existing detached accessory structure and permit and increase in permitted accessory floor area and lot coverage. 6.6 The use conforms to the intent of Zoning By-law 84-63, as it allows for the continuation of the same residential, legal non -conforming use. Municipality of Clarington Committee of Adjustment A2024-0035 Page 6 6.7 For the above stated reasons, it is Staff's opinion that the application is in conformity with the intent and purpose of Zoning by-law 84-63. Desirable for the appropriate development or use of the land, building or structure 6.8 The permitted use for the subject property is residential. The existing accessory building and structures do not have any negative impacts on the surrounding neighbourhood and would improve the usability of the property for the current owner. The extension to the existing legal non -complying detached garage will not significantly impact the amenity space available for current or future owners of the property, as sufficient open space will remain in the rear yard for amenities. 6.9 In Staff's opinion, the existing legal non -complying detached garage is not significantly oversized and would be desirable for the development and use of the land, building and structures. Minor in Nature 6.10 An increase in the maximum total floor area for accessory structures from 60 square metres to 80 square metres does not significantly depart from the provisions contemplated in the by-law. There are no anticipated negative impacts to surrounding land uses. The lot is large enough to accommodate the existing accessory buildings/structures. The existing accessory buildings/structures remains accessory to the principal residential building in terms of size and residential use of the subject lands. It does not alter the use of the land, and there is ample outdoor amenity space in the rear yard. 6.11 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 moderate increase to the permitted provisions of the zoning by-law to allow for extra storage space. 7. Conclusion 7.1 Given the above comments, staff recommend approval of the application for a Minor Variance to Section 3.1.c. by permitting the extension of a legal non -complying accessory structure by increasing the maximum permitted accessory floor area from 60 square metres to 80 square metres and by increasing the maximum permitted accessory lot coverage from 10% to 14%; as it maintains the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 84-63, desirable for the appropriate development or use of the land and minor in nature. Submitted by: �l. b Akibul Hoque Acting Secretary -Treasurer Committee of Adjustment at the Municipality of Clarington Municipality of Clarington Committee of Adjustment A2024-0035 Page 7 Concurrence: This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner, who concurs with the recommendations. Staff Contact: Akibul Hoque, Planner I, (905) 623-3379 x2418 or ahogue(a_clarington.net. Attachments: Attachment 1: Survey Plan Interested Parties: The following interested parties will be notified of Committee's decision: Justin Gunn Megan Gunn Attachment 1 ASSOOA70N OF ONTARIO LAND SURVEYORS RAY s®rsspN roar V- 21592 M PUN IS NOT VALID UNLESS R IS AN BOOM t55Um BI E CCRY iVEM. m ay TmE .uN R IoNm I029, ScP.'m " LEGEND ■ DENOTES SURVEY MONUMENT FOUND ❑ DENOTES SURVEY MONUMENT SET SSIB DENOTES SHORT STANDARD IRON BAR SIB DENOTES STANDARD IRON BAR IB DENOTES IRON BAR 0 DENOTES ROUND WIT DENOTES WITNESS M DENOTES MEASURED Pt DENOTES PLAN IOR-3498 P2 DENOTES PLAN IOR-2846 P3 DENOTES PLAN IOR-14367 P4 DENOTES PLAN 1OR-2529 1106 DENOTES MERRILL D. BROWN LTD., O.L.S. 1414 DENOTES BROWN k COGGAN LTD., O.L.S. BF DENOTES BOARD FENCE CLF DENOTES CHAIN LINK FENCE PWF DENOTES POST & WIRE FENCE RF DENOTES RAIL FENCE ADW DENOTES ASPHALT DRIVEWAY FDN DENOTES FOUNDATION WW DENOTES WINDOW WELL BUILDING TIES SHOWN HEREON ARE TO THE FOUNDATION UNLESS OTHERWISE NOTED. ALL BEARINGS AND DISTANCES AGREE WITH CITED PLANS UNLESS 07HERWISE NOTED. DISTANCE NOTES - METRIC DISTANCES AND COORDINATES ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048. DISTANCES ARE GROUND AND CAN BE CONVERTED TO GRID BY MULTIPLYING BY THE COMBINED SCALE FACTOR OF 1.000030. CAUTION THE WORK AND DRAWINGS HEREIN WERE COMPLETED FOR THE EXCLUSIVE USE OF OUR CLIENT AND NO LIABILITY IS ASSUMED TO ANY THIRD PARTIES OR SUBSEQ4ENT OWNERS. SURVEYOR'S CERTIFICATE I CERTIFY THAT: 1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT AND THE SURVEYORS ACT AND THE REGULA71ONS MADE UNDER THEM. 2. THE SURVEY WAS COMPLETED /ON U t,JUARY 6, 2022. FEBRUARY 9, 2022. ljr, DATE ALY IA ROBINSON. O.L.S. LOT LINE YU Cr PART 1, PLAN IOR-2529 T � U (KNOWN AS)ALUN PIN 26684 - 0120 1 BOARD FENCE N70 9b0"E a15 AID.0.2S L0 T oN uNE F1w 5 Cir LOT PART 1, PLAN IOR-2846 PIN 26684 — 0122 SOUTHEAST CORNER LOT 6, UNDESIGNATED BLOC( SOUTH OF PAW STREET O AND NEST OF CHURCH STREET Y� I 1 702 2 STOREY BRICK SN3(N/T) D I1E11.WD I' (1106) tsA o LANE m� ASPHALT DRIVEWAY y AD 25.94) 1 A.1s,D.Iw, II' 117E ADw J LOT LINE _z PIN 26684 — 0124 z7 Q Z 1,1 O z o 4 uj mALc Q Q Q I IS j C) U-1 I CAVE ©%8(WIT) e N7122'30"E (1106) PART PART 7, PLAN 40R—l4367 I SUBJECT TO RIGHT OF PIN 26684 - 0123 /\ -T- k." I un LANE PORCH Fi�VCS "1 ax 0.08w I-MCK IP TO FRAME 0 1 102 ww 2 STOREY I 0.2E FRAME Dwfl11NG WIN 0.2E O.OSW E .3E i PW asE EAVE DECK I ll 3 ^ o ^�W m N Ig 1 P1 EA1!s o.s N TO METAL IWWW'L<LLLL,� 0.3! METAL W GARAGE PLAN 4OR-14367 IN P IY AS IN INSTRUMENT" D55558 ... • /too ... -. 7 STOREY FRAME DNEIIWG PIN 26684 — 0725 COPYRIGHT O IVAN B. WALLACE O.L.S. LTD. 2022 SURVEYOR'S REAL PROPERTY REPORT PART 1: PLAN OF SURVEY OF PART OF LOTS 4 & 5, UNDESIGNATED BLOCK SOUTH OF PARK STREET AND WEST OF CHURCH STREET C. G. HANNING'S PLAN OF THE VILLAGE OF ORONO, BEING PART OF LOT 28, CONCESSION 5 GEOGRAPHIC TOWNSHIP OF CLARKE MUNICIPALITY OF CLARINGTON REGIONAL MUNICIPALITY OF DURHAM SCALE 1: 250 METRES to zD PART 2: REPORT DESCRIPTION: PIN 26684-0124, PART OF LOTS 4 AND 5, UNDESIGNATED BLOCK SOUTH OF PARK STREET AND WEST OF CHURCH STREET 1s C.G HANNING'S PLAN OF THE VILLAGE OF ORONO, MUNICIPALITY ,1 OF DURHAM. AS DESCRIBED IN INSTRUMENT N14241B MUNICIPAL ZONING: a THIS SURVEY DOES NOT CERTIFY ZONING COMPLIANCE. Iy REGISTERED EASEMENTS:NONE. ADDITIONAL COMMENTS: i 1) NOTE THE FENCE TYPE k THEIR LOCATIONS. v l o 2) NOTE ASPHALT DRIVEWAY, EAVES AND CHIMNEY LOCATIONS = I CURRENT OYMER: MEGAN GAMMON k JUSTIN GUNN PREPARED FOR: JUSTIN GUNN = P BEARING NOTES 2 a Cr BEARINGS ARE UTM GRID, DERIVED FROM OBSERVED REFERENC€ POINTS A AND B. BYREAL TIME NETWORK OBSERVATIONS, UTM q ZONE 17 (81' WEST LONGITUDE), NA083(CSRS)(2010). Z FOR BEARING COMPARISONS, THE FOLLOWING ROTATIONS WERE APPLIED: P1— 136'10" COUNTER —CLOCKWISE OBSERVED RU RENCE POINTS DERIVED FROM CPS OBSERVATIONS USING A REAL TIME NEIMOIM AND ARE REFERRIM TO UTM ZONE 17 (81' WEST LOWISMOE) NAD63(GSRSx2010). URBAN ACCURACY PER SEC, 1A(2). O.REC. 216/10. I B A46719�E7 591192650 IBWSURVEYORS.COM 1 1-500.887.0898