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Home My WebLink AboutStaff Report A2024-0054Clarbgtoa Summary of Comments Submitted A2024-0054 3299 Concession Road 3 Planning and Infrastructure Services Committee of Adjustment Minor Variance Municipal Departments / External Agencies Comment Clarington Building Division No concerns Clarington Development Engineering Division See Attachment 1 Clarington Fire and Emergency Services Department No concerns Ganaraska Region Conservation Authority See Attachment 2 Municipality of Clarington Committee of Adjustment A2024-0054 Page 3 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: A2024-0054 Address: 3299 Concession Road 3, Clarke Report Subject: Application to extend/expand a legal non -conforming structure under Section 45 Subsection 2 of the Plannina Act. Recommendations: 1. That the Staff Report for A2024-0054 be received. 2. That all written comments and verbal submissions be considered in the deliberation of this application. 3. That application A2024-0054 to permit the enlargement/extension of a legal non- conforming structure as per Section 3.6.b of Zoning By-law 84-63 be approved as it is desirable for the development of the property in question and poses no impact to the surrounding area. 4. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2024-0054 1. Application Details Page 3 1.1 Owner: Brian and Daryl Coupland 1.2 Agent: Reg Freethy c/o J.R Freethy Architect 1.3 Proposal: Seeking the approval of the Committee of Adjustment to permit the enlargement and reconstruction of a legal non -conforming accessory building. 1.4 Area of Lot: 15,195 square metres (1.52 hectares) 1.5 Location: 3299 Concession Road 3, Clarke 1.6 Zoning: Environmental Protection (EP) Zone within Zoning by-law 84-63 1.7 Clarington Official Plan Designation: Environmental Protection Area 1.8 Heritage Status: N/A 1.9 Water Supply: Private 1.10 Sewage Disposal: Private Municipality of Clarington Committee of Adjustment A2024-0054 Page 4 3171 373 123 LOT 33 LOT: 32 LOT: 31 CON: 3 091 CON: 3 CON: 3 O e`a O 3292 3278 3319 3318 332 332 3330 333 333 33 33 3354 Concession Rd 3 3259 3 87 9 3307 3J37 3299 Concession Road LOT: 33 LOT: 32 CON: 2 CON: 2 Property Location Map. (Clarke) °°• °�I m°°� - Area Subject To Minor Variance 3299 Concession Road 3, Clarke ■�w■an . i•Newcastle i .i A2024-0054 Figure 1: Property Location Map Municipality of Clarington Committee of Adjustment A2024-0054 2. Background Page 5 2.1 On October 23rd, 2024, the Planning and Infrastructure Services Department received an application to be heard at the Committee of Adjustment to extend/expand a 33.89 square metre legal non -conforming frame shed that was constructed in 1967 in at 3299 Concession Road 3. 2.2 The subject lands are zoned Environmental Protection (EP) within Zoning by-law 84-63 as the entire property is located within the Wilmot Creek floodplain. The (EP) zone does not permit the development of any buildings or structures for residential use. The former zoning by-law, Clarke By-law 1592, zoned the property Agriculture (A). The accessory building was permitted under the previous zoning provisions. The owners have demonstrated to the satisfaction of the Planning and Infrastructure Services Department that the building was constructed prior to the current by-law coming into effect, therefore rendering the building legal non -conforming. 2.3 Powers of Committee — Other powers: In addition to the Committee's powers under subsections 45(1) of the Planning Act, the committee, upon any such application, where any land building or structure, on the day the by-law was passed, was lawfully used for a purpose prohibited by the by-law, may permit the enlargement or extension of the building or structure, if the use that was made of the building or structure on the day the by-law was passed. An application for the extension of a non -conforming use does not have to meet the four tests for a minor variance. 2.4 This application seeks to facilitate the re -construction of the shed as well as expanding the footprint in the same location upon the existing building footprint (See Figure 2). Municipality of Clarington Committee of Adjustment A2024-0054 Page 6 2.5 From the date the original building was constructed, the shed has deteriorated to a degree where the building is no longer useable by the property owners. Figure 2: Structure to be reconstructed and expanded 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located along the south side of Concession Road 3 in Clarke, approximately 1.2km east of Darlington -Clarke Townline Road (See Figure 1). 3.2 The property's lot area is approximately 15,195 square metres (1.52 hectares) in size and has approximately 60 metres of frontage on Concession Road 3 with an approximate depth of 182 metres. 3.3 The subject property is traversed by Wilmot Creek and is entirely located fully within the Regulatory Storm Flood Plain, associated with Wilmot Creek. The subject lands are entirely within the Ganaraska Region Conservation Authority's (GRCA) regulatory boundary. This application has been reviewed by the GRCA. Municipality of Clarington Committee of Adjustment A2024-0054 Page 7 3.4 The subject property contains an existing 1 story single detached dwelling and 4 framed sheds (accessory buildings). 3.5 The surrounding land uses are as follows: • Rural residential lots with single detached dwellings to the north • Farmed agricultural land with a single detached dwelling to the west • A wooded rural residential lot with a single detached dwelling to the east • Farmed agricultural land to the south 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, a public notice was mailed to each landowner within 60 meters of the subject lands. 4.2 At the time of writing this report, Staff did not receive any inquiries from members of the public regarding this proposal. 5. Discussion Desirable for the appropriate development or use of the land, building or structure 5.1 The intended use of the structure is for storage purposes and aligns with the existing residential use on the land. The re -constructed building will be situated upon the existing building footprint and does not further reduce any existing setbacks (See Figure 3). 5.2 The GRCA has jurisdiction over the development within an environmental hazard or within proximity to a hazard feature. The proposed structure is located within the floodplain associated with Wilmot Creek. In general, the GRCA would have significant concerns with new development within the floodplain. However, the proposed building is intended to be non -habitable and serves as a replacement of a legal non -conforming structure. Furthermore, the proposed setbacks for the new building are maintained in light of concerns to address channel bank erosion, sediment control during construction, no negative impact to Regulatory Storm Flood Plain and to ensure no degradation to water quality. Subject to the approval of this application, the landowner will be obligated to obtain a permit amendment from the Authority. 5.3 The owners have retained an engineer with expertise in floodproofing analysis to aide in the design of the building taking into account the GRCA's criteria for a flood resistant design. A high-water elevation was established using regional data and a foundation system is proposed to withstand and resist lateral pressure complete with raised concrete piers and a foundation wall extending 610mm above grade. Municipality of Clarington Committee of Adjustment A2024-0054 Page 8 5.4 For the above reasons, it is of the opinion of Staff that this application to permit the enlargement/extension of a legal non -conforming structure is desirable for the appropriate development or use of the land and building. p p ZC015 v y rap m O a [P� vl� 7 P� 0 NEW STORAGE BAR 0 SEE SITE PLAN P730 EXISTING EXISTING 1967 FRAMql SHED (BARN) BUILDING ! FOOT BRIDGE #1 TO BE DEMOLISHED ON SURVEY d Z N a 1 O III p r__ EXI Z REST Figure 3: Site plan showing existing frame shed, new storage building footprint and setback to the property line. Overall impact on the surrounding area 5.5 In partnership between the owners and their retained engineers, they have previously consulted with the GRCA. The Conservation Authority will conduct a detailed review of the development permit to ensure that the impacts to the land and the Wilmot Creek floodplain are insignificant. The GRCA has provided specific criteria and requirements for construction in the flood plain to address any concerns of life and property. Which are planned to be implemented into the design of the building. Subject to the authorization of the GRCA, the Planning and Infrastructure Services Department is satisfied that the impact on the overall surrounding area will be negligible. Municipality of Clarington Committee of Adjustment A2024-0054 6. Conclusion Page 9 Given the above comments, staff recommend approval to permit the enlargement/extension of a legal non -conforming structure as per Section 3.6.b of Zoning By-law 84-63 to facilitate the re -construction of an accessory building as it is deemed desirable for the appropriate development or use of the land and is of insignificant impact the surrounding area. Submitted by: Sarah Parish Secretary -Treasurer Committee of Adjustment Municipality of Clarington Concurrence: This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner who concurs with the recommendations. Staff Contact: Amanda Tapp, 905-623-3379 ext. 2427 or aptapp ,clarington.net Attachments: Attachment 1 — Development Engineering Comments Attachment 2 — Ganaraska Region Conservation Authority Comments Interested Parties: The following interested parties will be notified of Committee's decision: Reg Freethy Brian Coupland Daryl Coupland Clarington 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, Planning and Infrastructure Services Department Date: November 12, 2024 Subject: Minor Variance Application A2024-0054 File: Applicant: Reg Freethy c/o J.R Freethy Architect Address: 3299 Concession Road 3, Clarke Part Lot 32,33, Concession, Former Township of Clarke The applicant requires a Minor Variance to permit the enlargement and reconstruction of a legal non -conforming accessory building. Development Engineering has reviewed the application and have no objection to this proposal, subject to the following comments: Building Permit Requirements The applicant/owner may be required to apply for a Building Permit with the Municipality which includes all requirements of the Planning and Infrastructure Services Department regarding the engineering and construction of all internal and external works and services related to this proposal. These requirements include the following: Grading and Drainage The applicant/owner must provide this department with a detailed Lot Grading and Servicing Plan that conforms to the Municipality of Clarington Design Guidelines and is satisfactory to the Deputy CAO of Planning and Infrastructure Services. The Grading Plan must confirm that there are no adverse effects to any neighbouring properties and all runoff is contained within the site. All existing drainage patterns shall remain un-altered by the proposed accessory structure. 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 .1 . 1I11.'i� If you have any questions regarding the above -noted comments, please contact Julia Antonova, Planning and Infrastructure Services Department. Karen Richardson, P.Eng. Manager of Development Engineering, Planning and Infrastructure Services KR/JA Page 12 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 From: Ken Thaier To: Parish. Sarah; Committee of Adjustment (SM); David. Perkinslcadurham.ca Cc: Joanne Mav Subject: GRCA Comments - Minor Variance - A2024-0054 Date: Friday, November 8, 2024 3:33:49 PM Attachments: imaae001.png EXTERNAL Re: Application for Minor Variance-A2024-0054 3299 Concession Road 3 Municipality of Clarington (Clarke) GRCA is in receipt of a Minor Variance application on the above noted property. This application is seeking approval of the Committee of Adjustment, to permit the enlargement and reconstruction of a legal non -conforming accessory building. GRCA staff has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 5.2 of the Provincial Planning Statement (PPS, 2024) and as a regulatory authority under Ontario Regulation 41/24 and the Conservation Authorities Act. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. This application seeks to increase the height of the accessory building by 2.84 metres (from 4.5 metres to 7.34 metres). ONTARIO REGULATION 41 /24 & THE CONSERVATION AUTHORITIES ACT The subject property is located fully within a GRCA Regulated Area. A permit may be required from GRCA for any filling, grading or construction works within this area. The subject property contains the following features: WATERCOURSE: The subject property is traversed by Wilmot Creek. Any alteration to a watercourse (i.e: culverts, bridges, ponds etc.) requires a permit issued by GRCA. Our concerns for new construction would include maintaining setbacks to address channel bank erosion, sediment control during construction, no negative impact to Regulatory Storm Flood Plain and to ensure no degradation to water quality. FLOODPLAIN: The subject property is located fully within the Regulatory Storm Flood Plain, associated with Wilmot Creek. A permit is required from GRCA for any development activity in this area. GRCA's primary concern is the protection of life and property from the flood hazard. GRCA staff have specific criteria and requirements for construction in the flood plain. Please contact the undersigned for further information in regard to the Floodplain. Comments: The proposed structure is located within the floodplain associated with Wilmot Creek. In general, GRCA has concerns with development within the floodplain. However, the structure proposed is non -habitable and replaces an existing accessory structure. Additionally, the entirety of the property is within the floodplain so therefore a replacement structure must be within the floodplain hazard. For development within the hazard, GRCA requires specific floodproofing measures be incorporated into the design. GRCA has received such measures. Furthermore, GRCA staff are satisfied with the proposed set back of the structure from the watercourse. On this basis, GRCA has no objection to the approval of the minor variance. The proposed development requires the written authorization (ie: permit) of the GRCA. Be advised GRCA has issued permit #2367-07/24, for the construction of the new accessory building. Should the plans approved in conjunction with GRCA's issued permit change, the landowner will be obligated to obtain a permit amendment from the Authority. Please forward a copy of the decision to the GRCA when available. Should you have any questions, please contact me. Regards, Ken Thajer, MCIP, RPP Planning & Regulations Coordinator Ganaraska Conservation Logo Clear U "Clean Water Healthy Lands for Healthy Communities" 2216 County Road 28 Port Hope, ON L1A 3V8 B: (905) 885-8173 ext. 245 C: (905) 269-9265 kthajer&grcaon.ca / www.grca.on.ca