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HomeMy WebLinkAboutStaff Report A2024-0051Clarington Planning and Infrastructure Services Committee of Adjustment - Minor Variance Summary of Comments Submitted A2024-0051 166 Harry Gay Drive, Courtice Municipal Departments / External Agencies Comment Clarington Building Division No concerns subject to a building permit application being submitted for the proposal. Clarington Development Engineering Division No concerns OR See Attachment 1. Clarington Fire and Emergency Services Department No concerns Central Lake Conservation Authority (CLOCA) No concerns Municipality of Clarington Committee of Adjustment A2024-0051 Page 2 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: November 28, 2024 File Number: A2024-0051 Address: 166 Harry Gay Drive, Courtice Report Subject: A minor variance application to facilitate the construction of a new deck by increasing the permitted rear yard deck projection from 1.50 metres to 4.4 metres leaving a 5.1 meters rear yard setback, and by increasing the total permitted lot coveraqe for all buildinqs and structures from 40% to 50%. Recommendations: 1. That the Report for Minor Variance Application A2024-0051 be received; 2. That all written comments and verbal submissions be considered in the deliberation of this application; 3. That application A2024-0051, for a Minor Variance to Section 3.1.g. iv) and Section 13.2.e. of Zoning By-law 84-63 to facilitate the construction of a new deck by increasing the permitted rear yard deck projection from 1.50 metres to 4.4 metres leaving a 5.1 meters rear yard setback, and by increasing the total permitted lot coverage for all buildings and structures from 40% to 50%, 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 shed be removed at the time of receiving a building occupancy permit. 4. That all interested parties listed in this report be forwarded a copy of the Committee's decision. Municipality of Clarington Committee of Adjustment A2024-0051 Page 3 1. Application Details 1.1 Owner: Brendan Stock & Xinyang Li 1.2 Applicant: Raymond McCarthy 1.3 Proposal: A minor variance application to facilitate the construction of a new deck by increasing the permitted rear yard deck projection from 1.50 metres to 4.4 metres leaving a 5.1 meters rear yard setback, and by increasing the total permitted lot coverage for all buildings and structures from 40% to 50%. 1.4 Area of Lot: 400.33 Square metres 1.5 Location: 166 Harry Gay Drive, Courtice 1.6 Zoning: Urban Residential Exception (R2-18) Zone 1.7 Clarington Official Urban Residential and Environmental Protection Areas Plan Designation: 1.8 Heritage Status: None 1.9 Water Supply: Municipal Servicing 1.10 Sewage Disposal: Municipal Servicing Municipality of Clarington Committee of Adjustment A2024-0051 Figure 1: Property Location Map Page 4 Municipality of Clarington Committee of Adjustment A2024-0051 Page 5 2. Background 2.1 On October 17t", 2024, Planning Staff received an application for a Minor Variance from the applicant and owner of 166 Harry Gay Drive in Courtice. 2.2 The application seeks to facilitate the construction of a new deck by increasing the permitted rear yard deck projection from 1.50 metres to 4.4 metres leaving a 5.1 meters rear yard setback, and by increasing the total permitted lot coverage for all buildings and structures from 40% to 50% (See Attachment 2). 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located west of Harry Gay Drive and south-west of George Reynolds Drive. The property has an approximate lot area of (See Figure 1). 3.2 The surrounding uses are as follows: a. South — Urban residential lands with single detached dwellings b. North- Urban residential lands with single detached dwellings c. East — Urban residential lands with single detached dwellings, Harry Gay Neighbourhood Park, and Highway 418 d. West — Urban residential lands with single detached 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. Discussion Maintain the general intent and purpose of the Clarington Official Plan 5.1 The subject property is designated Urban Residential and partially Environmental Protection Areas within the Clarington Official Plan. 5.2 The Clarington Official Plan permits the residential use of the property, including accessory structures (i.e., decks). The proposed deck does not interfere with the Environmental Protection Area, is permitted under the Urban Residential land use, and is accessory to the residential use. 5.3 It is staff's opinion that the application conforms to the intent and purpose of the Official Plan. Municipality of Clarington Committee of Adjustment A2024-0051 Maintain the general intent and purpose of the Zoning By-law Page 6 5.4 Within Zoning By-law 84-63, the subject property is zoned "Urban Residential Exception (R2-18) Zone", which permits a single detached dwelling. 5.5 The R2-18 zone requires a minimum rear yard setback of 9.5 metres and allows decks to project into this setback up to 1.5 metres. With this proposal a 4.4 meters projection is being request, which would leave a setback of 5.1 metres. The intent and purpose of allowing but limiting decks and stairways to project into required yard setbacks is to ensure sufficient rear yard amenity space and to provide adequate separation between the dwelling and the rear yard amenity space of an abutting property. 5.6 The intent and purpose of limiting lot coverage is to ensure adequate space is maintained as landscaped area. The permitted lot coverage within the R2-18 zone is 40% and the applicant is seeking to increase lot coverage to 50%. The lot coverage provisions seek to prevent hard surfacing of the rear yard and ensure adequate landscape area to allow for infiltration and grading to accommodate for drainage. Development Engineering Division staff have not identified any technical concerns with the grading or stormwater management as a result of the proposed minor variances. In addition, there was a shed that was erected without a permit that had zoning deficiencies and contributed to the rear yard coverage. This shed is required to be removed as a condition of the minor variance application. 5.7 It is staff's opinion that the proposed increased projection maintains sufficient outdoor amenity space, a sufficient rear yard setback, and has minimal impacts on drainage. For the above reasons, it is staff's opinion that the proposal maintains the intent and purpose of the Zoning By-law. Desirable for the appropriate development or use of the land, building or structure 5.8 The appropriate development for the subject property is residential. A deck is accessory to the residential use. The proposed deck would improve the usability of the property for the current owner. The proposed increase in projection for the deck does not result in an overall loss of outdoor amenity space to the owner, given that the deck will be utilized as amenity space. 5.9 The proposed deck will leave a 5.1 metre setback from the rear property line. There will be approximately 62.10 square metres of amenity area in the back yard, in addition to the approximately 53 square metres of amenity area provided by the deck. 5.10 It is staff's opinion that the minor variance requested is appropriate for the lands and would be desirable for the development and use of land, building or structure. Minor in Nature 5.11 In considering whether the relief sought is minor, Staff note that this test is not simply a question of numbers. The principal consideration is that of the potential impact the variance may have and whether that impact is minor or acceptable. Municipality of Clarington Committee of Adjustment A2024-0051 Page 7 5.12 The proposed deck provides space for entertaining/outdoor dining, while maintaining the grassed area as a suitable at -grade amenity space for current and future owners. 5.13 Staff do not anticipate that the additional depth to the deck will have any impact on neighbouring properties. 5.14 For the above stated reasons, it is staff's opinion that the proposed increase to the permitted deck and lot coverage is minor in nature. 6. Conclusion 7.1 Given the above comments, staff recommend approval of the application for a minor variance to Section 3.1.g. iv) and Section 13.2.e. of Zoning By-law 84-63 to facilitate the construction of a new deck by increasing the permitted rear yard deck projection from 1.50 metres to 4.4 metres leaving a 5.1 meters rear yard setback, and by increasing the total permitted lot coverage for all buildings and structures from 40% to 50%; 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; i. That the shed be removed at the time of receiving building occupancy approval. Submitted by: Akibul Hoque Acting Secretary -Treasurer Committee of Adjustment Municipality of Clarington Municipality of Clarington Committee of Adjustment A2024-0051 Concurrence: Page 8 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: Development Engineering Division Comments Attachment 2: Conceptual Site Plan Interested Parties: The following interested parties will be notified of Committee's decision: Brendan Stock & Xinyang Li Raymond McCarthy Attachment 1 ciffbooil MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Akibul Hoque, Planner I From: Karen Richardson, Manager of Development Engineering Date: November 15, 2024 Subject: Minor Variance Application A2024-0051 File: Applicant: Raymand McCarthy from Vizion Media Inc on behalf of Brendan Stock & Xinyang Li Address: 166 Harry Gay Drive, Courtice Part Lot 27, Concession 3, Former Township of Darlington The applicant requires a minor variance application to facilitate the construction of a new deck by increasing the permitted rear yard deck projection from 1.50 metres to 4.4 metres leaving a 5.1 meters rear yard setback, and by increasing the total permitted lot coverage for all buildings and structures from 40% to 50%. Development Engineering has reviewed the above -noted application. We have no objection to this proposal subject to the following comment: We will not require a grading plan for this proposal. However, it is the applicant's responsibility to ensure that the built structure will not affect the adjacent property in relation to drainage and grading. If you have any questions regarding the above -noted comments, please contact Ajay Kumar Alagarsamy, Planning and Infrastructure Services Department. Karen Richardson, P.Eng. Manager of Development Engineering, Planning and Infrastructure Services KR/AKA cc: The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 11 Attachment 2 NOVq]3S GWA Nb3H Wn% Wb0'A .b-AS WL6'9 9 bC VIM .9-ZZ %-,94 W96 W Zl'4 WSL'9 .fiL l-.IX WL1,9 A-&4 .bft ll-Al 3NIl MOd0bd GdVA 301S W ZS' W9' A619 I.bil H',l .,biE ll-,l .0-fil - _ A0VB13S 08VA 301S o Fw 49'L ZJI L 5Z oo 1 0 I I I 'I I I J I + ® zI' � I o 10 I � I � Ef' w0 fill I I VV ESG o � I �I I Zl E-4Z _ — _ — _ — _ — _ — _ — _ — _ — _ — _ — _ — _ — _ — _ — _ — _ — _ — _ — _ _ _ — _ — _ _ — _ — _ — _ — _ — _ — _ — _ 11V1131 11V1 311S � I W b[Z WwZ WELZ WEO'l AW9 A -A .0 ,E .140-St L 31I1 ALEi3d0ild OiitlA 3015 _ _ _ W96 AIE l -.lE SITE PLAN 1: 100 WL9.ArProject : Drawing Name : Drawing No VIZION MEDIA REAR YARD DECK & PAD 1 2024-10-16 ISSUED FOR C ofA RM SITE PLAN Issue: Rev: Date: Issue / Revision: By 166 HARRY GAY DR., COURTICE, ON L1 E OA9 Drawn by: I Proj no.: Scale : Al 00 11 Bateman Court, Whitby L1P1 E5 RM VMI-448 1 : 100 DISCLAIMER: THE CONTRACTOR IS TO VERIFY ALL DIMENSIONS AND INFORMATION SHOW N ON THESE DRAWINGS WITH CONDITIONS ON SITE AND ANV DISCREPANCIES ARE TO BE REPORTED TO THE DESIGNER PRIOR TO CONSTRUCTION AND FABRICATION OF ITS COMPONENTS. SHOULD E%ISTING CONDITIONS OR SERVICES BE FOUND TO VARY FROM THAT INDICATED ON THE DRAWINGS, THE DESIGNER MUST BE NOTIFIED IMMEDIATELY. ALL DRAWINGS AND RELATED DOCUMENTS SHALL REMAIN THE PROPERTY AND COPYRIGHT OF VIZION MEDIA INC. MAKE GOOD ALL ADJACENT SURFACES DUE TO CONSTRUCTION WHETHER SHOWN ON THE DRAWINGS OR NOT. DRAWINGS ARE NOT TO BE SCALED. THESE DRAWINGS ARE IN ACCORDNACE TO THE 2012 ONEARIO BUILDING CODE.