HomeMy WebLinkAboutStaff Report A2024-0037 3314 Concession Rd 5Clarftwa
Planning and Infrastructure Services
Committee of Adjustment - Minor Variance
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Date of Meeting: September 26, 2024
File Number: A2024-0037
Address: Roll Number: 181703005020600 (3314 Concession Road 5)
Report Subject: A minor variance application to facilitate the construction of an accessory
structure by increasing the maximum permitted accessory structure total
floor area from 90 sauare metres to 115 sauare metres.
Recommendations:
1. That the Report for Minor Variance Application A2024-0037 be received;
2. That all written comments and verbal submissions be considered in the deliberation
of this application;
3. That application A2024-0037, for a Minor Variance to Section 3.1.c. by facilitating
the construction of an accessory structure by increasing the maximum permitted
accessory total floor area from 90 square metres to 115 square 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, subject to the following condition;
That the chicken coop be removed at the time of applying for a building permit
application for the proposed accessory structure.
4. That all interested parties listed in this report be forwarded a copy of the
Committee's decision.
Municipality of Clarington
Committee of Adjustment A2024-0037 Page 2
1. Application Details
1.1 Owner:
Nicholas Vanderweer
1.2 Applicant:
Jason Louws
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 90 square metres to 115
square metres
1.4 Area of Lot:
3520.76 square metres
1.5 Location:
Roll number: 181703005020600 (3314 Concession Road 5)
1.6 Legal Description: Part Lot 32, Concession 5, Former Township of Clarke
1.7 Zoning: Agricultural (A) Zone
1.8 Clarington Official Prime Agricultural Areas and Environmental Protection Areas
Plan Designation:
1.9 Heritage Status: None
1.10 Water Supply: Private well
1.11 Sewage Disposal: Septic system
Municipality of Clarington
Committee of Adiustment A2024-0037
Paae 3
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Property Location Map
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Figure 1: Property Location Map
Municipality of Clarington
Committee of Adiustment A2024-0037
Paae 4
2. Background
2.1 On August 16, 2024, Planning Staff received an application for Minor Variance from the
agent and owner of property (Roll number: 181703005020600). The minor variance
application is proposed to facilitate the construction of an accessory structure by
increasing the maximum permitted accessory total floor area from 90 square metres to
115 square metres (See Attachment 1).
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located on the east side of Pollard Road and is north of
Concession Road 5 (See Figure 1). The property's lot area is approximately 3520.76
square metres in size and has approximately 30.48 metres of frontage with an
approximate depth of 115.82 metres.
3.2 The surrounding uses are as follows:
a. South — Agricultural Lands
b. North- Agricultural Lands/ Woodlands
c. East —Agricultural Lands/ Woodlands
d. West — Agricultural Lands
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. Please note the
following comments to be addressed at the building permit stage;
i. Access to the proposed garage must be provided from the existing driveway from
the Concession Road 5 and shown on the Site Plan;
ii. The proposed structure shall not affect adjacent property's grading or drainage;
and
iii. Review Section 800 of the Municipality of Clarington Engineering Design
Guidelines for a more fulsome list of requirements for Grading Plan submissions.
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 A2024-0037
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 Clarington Emergency and Fire Services Department has no objections.
6. Discussion
Maintain the general intent and purpose of the Clarington Official Plan
6.1 The subject property is designated Prime Agricultural Areas and Environmental
Protection Areas within the Clarington Official Plan.
6.2 The Clarington Official Plan permits the residential use of the property in the Prime
Agricultural Area (including accessory structures i.e., sheds, garages). The proposed
garage is accessory to the residential use and is permitted.
6.3 It is staff's opinion that the application conforms to the intent and purpose of the
Clarington Official Plan.
Maintain the general intent and purpose of the Zoning By-law
6.4 The subject property is zoned "Agricultural (A) Zone" within Zoning By-law 84-63. Since
the lot is less than 2 hectares, the maximum permitted floor area for accessory
structures are 90 square metres or 10 percent of the lot, whichever is less. The purpose
of this provision is to ensure properties do not become overwhelmed with structures,
that there is sufficient open space for drainage, and to ensure accessory
structures remain secondary to the principal residential use. The proposed garage
complies with all other zoning requirements for an accessory structure.
6.5 There is ample outdoor amenity space, and the proposed accessory structure does not
take away from the usability of the rear or side yard. The proposed accessory structure
is 115 square meters in floor area and the existing house is 166 square metres in floor
area. Therefore, the proposed accessory structure is secondary to the existing dwelling
in size.
6.6 The property is less than 2 hectares in size and is not permitted to have any non-
residential uses as specified in Section 3.7. b. of Zoning By-law 84-63. Currently, there
is a chicken coop on the property and after discussions with the property owner and
agent, they have agreed to the condition stated in this report, which requires the
removal of the chicken coop prior to a building permit being issued.
6.7 Given the above considerations, it is staff's opinion that the proposed variance conforms
with the intent and purpose of the Zoning By-law.
Municipality of Clarington
Committee of Adjustment A2024-0037
Page 6
Desirable for the appropriate development or use of the land, building or structure
6.8 The appropriate use of the land is rural residential, and the proposed garage is
accessory to the residential use. The proposed accessory structure will allow the owner
to store personal goods and materials within a wholly enclosed structure, which will help
the property maintain good property standards. The accessory structure will be located
in the rear of the property, with sufficient setbacks from neighbouring property lines and
structures.
6.9 For the above stated reasons, it is staff's opinion that the minor variance requested is
desirable for the residential use of land and building.
Minor in Nature
6.10 The proposed garage will total 115 square metres of floor area, or approximately 3.5
percent of the lot. The proposed accessory structure will have no effect on neighbouring
properties, as there are no nearby residential dwellings in close proximity to the
accessory structure. Sufficient outdoor amenity space will be maintained and no issues
with drainage are anticipated.
6.11 For the above stated reasons, it is staff's opinion that the proposed variance is deemed
to be 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. by facilitating the construction of an accessory structure by
increasing the maximum permitted accessory total floor area from 90 square metres to
115 square 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, subject to the following condition;
That the chicken coop be removed at the time of applying for a building permit
application for the proposed accessory structure.
Submitted by:
Akibul Hoque
Acting Secretary -Treasurer
Committee of Adjustment at the Municipality of Clarington
Municipality of Clarington
Committee of Adjustment A2024-0037
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: Conceptual Site Plan
Interested Parties:
The following interested parties will be notified of Committee's decision:
Nicholas Vanderweer
Jason Louws
Attachment 1
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