HomeMy WebLinkAboutStaff Report A2024-0038 5462 Main Street OronoClarftwa
Planning and Infrastructure Services
Committee of Adjustment - Minor Variance
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Date of Meeting: September 26, 2024
File Number: A2024-0038
Address: 5462 Main Street, Orono
Report Subject: A minor variance application to facilitate the construction of an accessory
structure by increasing the maximum permitted accessory total floor area
from 60 square metres to 245 square metres and by increasing the
maximum permitted accessory structure height from 4 metres to 5.75
metres.
Recommendations:
1. That the Report for Minor Variance Application A2024-0038 be received;
2. That all written comments and verbal submissions be considered in the deliberation
of this application;
3. That application A2024-0038, for a Minor Variance to Section 3.1.c. to facilitate the
construction of an accessory structure by increasing the maximum permitted
accessory total floor area from 60 square metres to 245 square metres and by
increasing the maximum permitted accessory structure height from 4 metres to 5.75
metres, 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 A2024-0038 Page 2
1. Application Details
1.1
Owner:
Ryan Porter & Laura Porter
1.2
Applicant:
Clinton Dochuk
1.3
Proposal:
A minor variance application to facilitate the construction of an
accessory structure by increasing the maximum permitted
accessory total floor area from 60 square metres to 245
square metres and by increasing the maximum permitted
accessory structure height from 4 metres to 5.75 metres.
1.4
Area of Lot:
1.75 Acres (0.75 hectares)
1.5
Location:
5462 Main Street, Orono
1.6 Legal Description: Part Lot 29, Concession 5, Former Township of Clarke
1.7 Zoning: Urban Residential Exception (R1-2) Zone
1.8 Clarington Official Urban Residential & Environmental Protection Area
Plan Designation:
1.9 Heritage Status: None
1.10 Water Supply: Municipal Water
1.11 Sewage Disposal: Septic system
Municipality of Clarington
Committee of Adiustment A2024-0038
Paae 3
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Property Location Map
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14
- Area Subject To Minor Variance s
5462 Main Street, Orono
A2024 - 0038
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Figure 1: Property Location Map
Municipality of Clarington
Committee of Adiustment A2024-0038
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2. Background
2.1 On August 22, 2024, Planning Staff received an application for minor variance from the
agent of 5462 Main Street, Orono. A minor variance application was submitted to
facilitate the construction of an accessory structure by increasing the maximum
permitted accessory total floor area from 60 square metres to 245 square metres and by
increasing the maximum permitted accessory structure height from 4 metres to 5.75
metres.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located west side of Main Street in Orono, north of Centreview
Street (See Figure 1). The property's lot area is approximately 7,081 square metres in
size and has approximately 70.4 metres of frontage with an approximate depth of
100.58 metres.
3.2 The surrounding uses are as follows:
a. South —Single detached residential dwellings and Commercial uses
b. North- Rural Residential Lands
c. East — Agricultural Lands
d. West — Single detached residential dwellings
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, staff have not received any inquiries regarding the
proposal.
5. Departmental and Agency Comments
5.1 Clarington Development Engineering Division has no objections, subject to the following
comment;
A grading plan for this proposal will not be required. However, it is the applicant's
responsibility is to ensure that proposed structure will not affect adjacent properties
in relation to drainage and grading.
5.2 Clarington Building Division has no objections subject to the following comment;
That the agent/owner submit and receive a building permit for the proposed
accessory structure.
Municipality of Clarington
Committee of Adiustment A2024-0038
Paae 5
5.3 Durham Health Department has no objections to the minor variance being approved
and will provide any additional comments at the Building Permit stage.
5.4 Ganaraska Conservation Authority (GRCA) has no objection to the minor variance
proposal subject to the following comment;
A portion of the subject property is located within GRCA's regulated area. Any
development activities (eg: filling, grading, construction etc.) would require the
written authorization of the Authority such as a permit. The front portion of the
property and Main Street are located within the regulatory storm floodplain. GRCA
has concerns with development within the floodplain as well as safe access. New
habitable structures proposed must be able to achieve safe ingress/egress in the
event of a regulatory (regional) storm flood event.
There is an existing driveway at the front of the property. The proposed accessory
structure is located at the rear part of the property which is outside the floodplain and
GRCA regulated area. Additionally, it is GRCA's understanding that this structure will
be non -habitable and therefore, the Authority has no concerns regarding safe
access. Should there be any proposals to change the use of the building from non -
habitable to habitable, GRCA staff should be consulted.
5.5 Clarington Emergency and Fire Services Department has no objections.
5.6 The Regional Municipality of Durham Works Department has no objection.
6. Discussion
Maintain the general intent and purpose of the Clarington Official Plan
6.1 The subject property is designated Urban Residential and Environmental Protection
Areas within the Clarington Official Plan.
6.2 The Clarington Official Plan permits the residential use of the property within the Urban
Residential Area, including accessory structures (i.e., sheds, garages, decks).
6.3 It is staff's opinion that the application conforms to the intent and purpose of the Official
Plan.
Maintain the general intent and purpose of the Zoning By-law
6.4 Within the Zoning By-law 84-63the subject property is zoned "Urban Residential
Exception (R1-2)". The proposed residential use is permitted within the "R1-2" zone.
The intent of restricting the floor area of accessory buildings is to ensure that ancillary
buildings remain subordinate to the principle residential dwelling. Furthermore, an
accessory structure is an appropriate building size relative to the area of the lot as not to
overwhelm the property on which it is located or the surrounding area.
6.5 There are no detached garage existing on the subject property today. The subject lot is
sufficiently large (1.75 acres or 7,081 square metres) relative to the 245 square metres
of total floor space for accessory buildings/structures proposed by the applicant. There
Municipality of Clarington
Committee of Adiustment A2024-0038
Paae 6
are 2 existing accessory structures (sheds) located on the property, along with the
proposed 2 storey accessory structure (garage), contributing to increased floor area.
The proposed accessory structure is smaller in footprint than the principal residential
building on the subject property (See Attachment 1). As a result, the proposed
accessory building would not dominate the lot on which it is sited, as accessory lot
coverage would approximately be 4% of the lot, also leaving sufficient outdoor amenity
space. Therefore, the proposal maintains the intent and purpose of the Zoning By -Law
as the proposed accessory structure (garage) will not overwhelm the subject property
and will remain accessory to the primary use.
6.6 The intent of the Zoning By-law to restrict height of accessory structures and buildings is
to ensure that the building remains accessory to the principal residential dwelling and to
prevent the building's mass from overwhelming the property on which it is located or on
neighbouring properties by ensuring an appropriate building size relative to the area of
the lot. The increase in building height will not create privacy concerns and will not
negatively impact the subject property or neighbouring properties since the entire
property is screened by trees and vegetation, and the property rears onto a woodlot.
6.7 The proposal complies with all other provisions in the "R1-2" zone and will not alter the
streetscape or the established character of the neighbourhood. The proposed variances
will not negatively impact the subject property or neighbouring properties as the entire
property is screened by trees and vegetation, and the property rears onto a woodlot.
Given the above considerations, the application to increase the maximum permitted
total floor area for all accessory buildings/structures and height for the proposed
accessory building meets 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 proposed accessory structure (garage) will be located at the south-east side of the
property. The nearest neighbouring dwellings are to the north, west and east, and are
over approximately 63 metres away from the proposed location of the accessory
structure. The neighbouring properties are screened by mature vegetation and trees.
The proposed location is preferable as it minimizes the impact of the structure's size on
adjacent properties. For these reasons, the application to increase the maximum floor
area and height is considered desirable for the appropriate development of the land.
6.9 For the above stated reasons, it is staff's opinion that the minor variance requested is
desirable for the residential use of the land and building.
Minor in Nature
6.10 The lot is approximately 1.75 acres (0.75 hectares), or 7,081 square metres in area and
is considered large in comparison to the minimum lot size requirement in the "R1-2"
zone, which is 695 square metres. Despite the wide range of lot sizes in urban
residential areas, each property is subject to the same maximum floor area and
maximum height for accessory buildings/structures. The proposed accessory building
would be subservient to the existing dwelling and is proposed to be located at the rear
of the property. Although, the proposed accessory structure is 2 storeys, contributing to
increased floor area, it is smaller in footprint and height than the principal residential
building on the subject property.
Municipality of Clarington
Committee of Adiustment A2024-0038
Paae 7
6.11 The proposal would not have a significant adverse impact on the surrounding properties
or the public realm as it would be located approximately 63 metres from the nearest
neighbouring dwelling. The proposed location is preferable to minimize the impact of the
structure's size on adjacent properties. For these reasons, the application to increase
the maximum floor area and height is minor in nature.
7. Conclusion
7.1 Given the above comments, staff recommend approval of the application for a Minor
Variance to Section 3.1.c. to facilitate the construction of an accessory structure by
increasing the maximum permitted accessory total floor area from 60 square metres to
245 square metres and by increasing the maximum permitted accessory structure
height from 4 metres to 5.75 metres; 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
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 clarington.net.
Attachments:
Attachment 1: Conceptual Site Plan
Interested Parties:
The following interested parties will be notified of Committee's decision:
Ryan Porter
Laura Porter
Clinton Dochuk
Attachment 1
LOT DETAILS:
LOT AREA:
71g1 SQ.M.
EXI5TING PRIMARY DWELLING AREA:
20q.4q 5a.M. (2.q1%)
PROP05ED ACCESSORY BUILDING AREA:
245.00 5a.M. (3.41 %)
(VARIANCE NEEDED FOR EXCEEDING 60 5a.M. A5 PER 3.1.a)
TOTAL LOT COVERAGE:
454.4q 5a.M. (6.3201o)
ROP05ED BUILDING HEIGHT:
5.75M
(VARIANCE NEEDED FOR EXCEEDING 4M ON A BUILDING WITH FLOOR AREA GREATER THAN 10 5a.M. A5 PER 3.1.a)
334'-1 3/4"
102-00 M
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PROPOSED
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SITE PLAN
SCALE 1/8"=1'
GENERAL NOTES:
OUALIFIGATION INFORMATION:
PROJECT NORTH: TRUE NORTH:
DRAWINGS ARE TO READ, NOT SCALED. DO NOT BEGIN
CONSTRUCTION UNTIL DESIGNER OR PROJECT MANAGER HAS
THE UNDERSIGNED HAS REVIEWED AND TAKES
RESPONSIBILITY FOR TH15 DESIGN. AS WELL AS, HAWING
Revision Table
Number Date Revised By Description
14 ASHDALE CRES
BEEN NOTIFIED. UPON COMPLETION OF ANY STAGE OF
THE allALIFICATION5 AND REaUIREMENT5 MANDATED BY
BOWMANVILLE, ON
CONSTRUCTION, THE DESIGNER OR PROJECT MANAGER
THE ONTARIO BUILDING GODS TO BE A DESIGNER.
C=
SHALL BE NOTIFIED TO ENSURE PROPER INSPECTION. ALL
DRAWN BY: GE
GHEGKED BY: GE
289-355-4402
DESIGN AND GON5TRUGTION DOCUMENTATION ARE FINAL
PROJECTADDRE55:
5462 MAIN STREET, ORONO
CLINTON@HOMDESIGN.CA
UNLESS REVISED BY DESIGNER. IF ANY DISCREPANCIES ARE
CLINTON UOCHUK 107264
DISCOVERED HERE WITHIN, THE DESIGNER SHALL BE
NPrME B.G.I.N.
PROJECT NUMBER:
2024-032
NOTIFIED. THE DRAWINGS AND DOCUMENT5 PROVIDED HERE
5CALE:AS INDICATED
ARE WITHIN THE EXCLUSIVE PROPERTY OF HOM DRAFTING
HOM DRAFTING AND DE516N 113g3l
DRAWING TITLE: A5 INDICATED
DIMLOPING, E011MING
ON. IGNING ['�171�I�lINI I
AND DESIGN. REPRODUCTION OF THE DOCUMENTS PROVIDED
15 PROHIBITED WITHOUT THE CONSENT OF THE DESIGNER.
DESIGN FIRM B.G.I.N.
SHEET NO.
Am