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HomeMy WebLinkAboutA2024-0047 Staff ReportClarftwn Summary of Comments Submitted A2024-0047 3883 Tooley Road, Darlington Planning and Infrastructure Services Committee of Adjustment Clarington Building Division No concerns subject to submitting a building permit application for the proposal Clarington Development Engineering Division No concerns and See Attachment 1 Clarington Fire and Emergency Services Department No concerns Central Lake Conservation Authority (CLOCA) No concerns Municipality of Clarington Committee of Adjustment A2024-0047 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: January 23, 2025 File Number: A2024-0047 Address: 3883 Tooley Road, Darlington Report Subject: A minor variance application to facilitate the construction of an accessory building by increasing the maximum permitted accessory total floor area from 90 square metres to 136 square metres and by increasing the maximum permitted accessory building height from 4.5 metres to 5.5 metres. Recommendations: 1. That the Report for Minor Variance A2024-0047 be received. 2. That all written comments and verbal submissions be considered in the deliberation of this application. 3. That application A2024-0047, 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 136 square metres, and by increasing the maximum permitted accessory building height from 4.5 metres to 5.5 metres be approved as it maintains the general intent and purpose of Zoning By-law 84-63 and the Clarington Official Plan, is desirable for the appropriate development or use of the land and is 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 A2024-0047 Page 3 1. Application Details 1.1 Owner: Niko Anastasskis 1.2 Applicant: Hull Drafting & Development c/o., Lonny Gibson 1.3 Proposal: A minor variance application to facilitate the construction of an accessory building by increasing the maximum permitted accessory total floor area from 90 square metres to 136 square metres and by increasing the maximum permitted accessory building height from 4.5 metres to 5.5 metres. 1.4 Area of Lot: 1.96 Acres (0.79 hectares) 1.5 Location: 3883 Tooley Road, Darlington 1.6 Zoning: Residential Estate (RE) Zone 1.7 Clarington Official Estate Residential and Environmental Protection Areas Plan Designation: 1.8 Heritage Status: None 1.9 Water Supply: Private well 1.10 Sewage Disposal: Septic system Municipality of Clarington Committee of Adjustment A2024-0047 Page 4 Figure 1: Property Location Map Municipality of Clarington Committee of Adjustment A2024-0047 Page 5 2. Background 2.1 On October 15t", 2024, Planning Staff received an application for Minor Variance from the agent and owner of property. The minor variance is proposed to facilitate the construction of an accessory building by increasing the maximum permitted accessory total floor area from 90 square metres to 136 square metres and by increasing the maximum permitted accessory building height from 4.5 metres to 5.5 metres. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located on the east side of Tooley Road and is south of Pebblestone Road (See Figure 1). The property's lot area is approximately 1.96 acres (0.79 hecatres) in size and has approximately 60 metres of frontage with an approximate depth of 137.16 metres. 3.2 The surrounding uses are as follows: a. South — Rural Residential Lands with single detached dwellings b. North- Rural Residential Lands with single detached dwellings c. East — Woodlands d. West —Agricultural Lands/ Woodlands 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 Estate Residential Areas and Environmental Protection Areas within the Clarington Official Plan. 5.2 The Clarington Official Plan permits the residential use of the property under the Estate Residential land -use designation (this includes accessory structures i.e., sheds, garages). The proposed garage does not interfere with the Environmental Protection Area, is permitted under the Estate Residential Area 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 Clarington Official Plan. Municipality of Clarington Committee of Adjustment A2024-0047 Page 6 Maintain the general intent and purpose of the Zoning By-law 5.4 The subject property is zoned "Residential Estate (RE) 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. 5.5 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 total accessory floor area for all accessory structures will be 136 square meters, in comparison to the floor area of the existing house, which is 199.43 square metres. Therefore, the proposed accessory structure is secondary to the existing dwelling in size (See Attachment 2). 5.6 The intent of restricting the height of accessory structures and buildings is to ensure that the building remains accessory to the principal residential dwelling. The intent is also to prevent the accessory structures massing from overwhelming the property on which it is located or any neighbouring properties by ensuring an appropriate building size relative to the area of the lot. 5.7 The proposal complies with all other provisions in the "Residential Estate (RE)" zone and will not alter the streetscape or the established character of the neighbourhood. 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. 5.8 Given the above considerations, it is staff's opinion that the proposed minor variance conforms with the intent and purpose of Zoning By-law 84-63. Desirable for the appropriate development or use of the land, building or structure 5.9 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. 5.10 The proposed accessory structure (garage) will be located at the north side of the property. 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 proposal to increase the maximum floor area and height is considered desirable for the appropriate development of the land. 5.11 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. Municipality of Clarington Committee of Adjustment A2024-0047 Page 7 Minor in Nature 5.12 The proposed garage and existing accessory structures will occupy approximately 1.7 percent of the lot. The proposed accessory building would be secondary to the existing dwelling and is proposed to be located on the north side of the property, which is screened by mature trees and vegetation. 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. 5.13 The proposal would not have a significant adverse impact on the surrounding properties or the public realm. The proposed location is preferable to minimize the impact of the structure's size on adjacent properties. 5.14 For the above stated reasons, it is staff's opinion that the proposed variance is deemed to be minor in nature. 6. Conclusion 6.1 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 136 square metres, and by increasing the maximum permitted accessory building height from 4.5 metres to 5.5 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: Nicklaus Gibson Acting Secretary -Treasurer Committee of Adjustment Municipality of Clarington Municipality of Clarington Committee of Adjustment A2024-0047 Concurrence: Page 8 This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner, who concurs with the recommendations. Staff Contact: Nicklaus Gibson, Planner I, 905-623-3379 ext. 2408 or NGibson(a_clarington.net Attachments: Attachment 1: Conceptual Site Plan Attachment 2: Development Engineering Division Comments Interested Parties: The following interested parties will be notified of Committee's decision: Niko Anastasskis Lonny Gibson Attachment 1 AREA GE LOT -:—. FT .1 of H ARIA E7tls` Hd15£ Z-1 I, Gs9 43 M') AREA O': Ex15T DFLYJF'ORCH 39].99 RF' Ca6.51 M'] A£€A G €XIST POOL 4GVSE 39333 rT' G9,99 M� AREA CF Exla' COVERED PATIO 195®Fr' Ob.i3 M°) AR(9.95 it') ARE4 G� PROPOSm GARAGE 5lt B ii' {53.IA M'] TOTAL LOT C.d.'ERAGE %1I18 £T� 996.04 H'I • 4598 -SITE PLAN HULL DRAFTING & DEVELOPMENT Speciallzin9 in: Commercial, Industrial and Residential Drafting DRAWN `�41-E OWC-. NO ���® off'IcisI Plan Amendments �f32" - '-8" GARAGE AT • Site Plan Agreementr Rezcrring Z.G. LG. OR A5 NOTED 3083 TOOLEV IRD Phone: 9D5-728-4846 (office) 905-922-6665 (cell) pA7E FLE No Email: 2aulldraftmg@gmaii—m APRIL 2924 Attachment 2 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 A2024-0047 File: Applicant: Lonny Gibson on Behalf of Hull Drafting & Development Address: 3883 Tooley Road, Darlington Plan 1 OM751 Lot 2 The applicant requires a Minor Variance to permit the construction of an accessory building by: • increasing the maximum permitted floor area from 90 m2 to 136 m2 • increasing the maximum permitted building height from 4.5 m to 5.5 m Development Engineering has reviewed the above -noted application and have no objections to the proposal. Building Permit Requirements The applicant/owner must 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 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 ` .101 Holm If you have any questions regarding the above -noted comments, please contact Julia Antonova, Planning and Infrastructure Services Department. Kel c'k�� 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