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HomeMy WebLinkAboutA2024-0053 Staff ReportClarington Summary of Comments Submitted A2024-0053 2816 Regional Road 20, Darlington Planning and Infrastructure Services Committee of Adjustment Municipal Departments / External Agencies Comment Clarington Building Division No concerns Clarington Development Engineering Division No concerns, see attachment 1 Clarington Fire and Emergency Services Department No concerns Central Lake Conservation Authority (CLOCA) No concerns, see attachment 2 Durham Regional Works Comments outstanding Municipality of Clarington Committee of Adjustment A2024-0053 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: A2024-0053 Address: 2816 Regional Road 20, Darlington Report Subject: A minor variance application to facilitate the addition to an existing accessory building by increasing the maximum permitted total accessory floor area for all accessory structures from 120 square meters to 235 square meters. Recommendations: 1. That the Report for Minor Variance Application A2024-0053 be received; 2. That all written comments and verbal submissions be considered in the deliberation of this application; 3. That application A2024-0053, for a Minor Variance to Section 4.1.3 of Zoning By-law 2005-109 to facilitate the addition to an existing accessory building by increasing the maximum permitted total accessory floor area for all accessory structures from 120 square meters to 235 square meters be denied, as it does not maintain the general intent and purpose of the Clarington Official Plan, or Zoning By-law 2005-109, is not desirable for the appropriate development or use of the land, and is not 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 A2024-0053 Page 3 1. Application Details 1.1 Owner: Raymond and Melanie Moulsdale 1.2 Applicant: Raymond and Melanie Moulsdale 1.3 Proposal: A minor variance application to facilitate the addition to an existing accessory building by increasing the maximum permitted total accessory floor area for all accessory structures from 120 square meters to 235 square meters. 1.4 Area of Lot: 5.54 Acres (2.24 ha) 1.5 Location: 2816 Regional Road 20, Darlington 1.6 Zoning: Environmental Protection (EP), and Natural Linkage (NL) (Zoning By -Law 2005-109) 1.7 Clarington Official Environmental Protection Area, and Natural Linkage Area Plan Designation: 1.8 Heritage Status: None 1.9 Water Supply: Private Servicing 1.10 Sewage Disposal: Private Servicing Municipality of Clarington Committee of Adjustment A2024-0053 Figure 1: Property Location Map Page 4 Municipality of Clarington Committee of Adjustment A2024-0053 Page 5 2. Background 2.1 On October 24t", 2024, Planning Staff received an application for Minor Variance from the applicant and owner of 2816 Regional Road 20, Darlington. 2.2 Staff have been in communication with the owners since October to explore alternative options, but the owners have decided to pursue this minor variance, nonetheless. The application seeks to facilitate the addition to an existing accessory building by increasing the maximum permitted total accessory floor area for all accessory structures from 120 square meters to 235 square meters (See Attachment 3). 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located north on Regional Road 20 and west of Longsault Road (See Figure 1). The property has an approximate lot area of 5.54 Acres (2.24 ha). 3.2 The surrounding uses are as follows: a. South — Woodlands b. North- Woodlands c. East — Rural Residential Lands with Single Detached Dwelling d. West — Rural Residential Lands with Single Detached Dwelling 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. Municipality of Clarington Committee of Adjustment A2024-0053 5. Discussion Maintain the general intent and purpose of the Clarington Official Plan Page 6 5.1 Within the Clarington Official Plan, the subject property is designated "Environmental Protection Area" and "Natural Linkage Area". 5.2 The intent of the policies within the "Environmental Protection Area" and "Natural Linkage Area" designations is to protect significant components of the natural environment from the effects of human activity. The existing dwelling, accessory buildings and the proposed accessory building are within the Environmental Protection lands. Permitted development on these lands include uses related to forest and wildlife management, agriculture and related uses, as well as low -intensity recreation. According to Section 23.9 of the Official Plan, single detached dwellings in Environmental Protection Areas are permitted, provided that the proposal demonstrates minimal impact to the Natural Heritage System. The proposed two storey accessory building is approximately 210 square metres in floor area and given the building of this scale the proposed building would serve to intensify the use of the land which does not conform with the intent of the relevant policies of the Official Plan (See Attachment 4). Maintain the general intent and purpose of Zoning By-law 2005-109 5.3 Within Zoning By-law 2005-109, the subject property is located within the "Environmental Protection (EP)" Zone. Prior to the adoption of Zoning By-law 2005-109 (the Oak Ridges Moraine By-law), the site was zoned "Agricultural (A)" in Zoning By-law 84-63, which permitted a single detached dwelling. By-law 2005-109 specifies that if permission to construct a single detached dwelling existed prior to the By-laws adoption then residential use are permitted within the "EP" zones. 5.4 The provisions and standards for an accessory building can be found within Section 4.1.3 of the Zoning By-law 2005-109. The intent of the accessory building provisions is to permit a maximum total accessory floor area of 120 square metres, or 10% of the lot area, whichever is more restrictive. The proposed detached garage has a lot of coverage of under 1 percent and has a floor area of 210 square metres. While the lot coverage is complied with, this structure alone almost doubles the maximum permitted total accessory floor area. The subject property already has a: three -car attached garage, a detached garage, and a shed for storage (See Figure 2A, 2B, 2C). Given that the proposed accessory building, three -car attached garage, detached garage, and shed would nearly double the maximum allowable non -habitable floor area for personal storage, this would result in a disproportionate amount of storage space located in close proximity to the habitable areas of the principal dwelling. For instance, the total non - habitable storage area, including the proposed accessory building, shed, and three -car attached garage, is approximately 310.8 square meters, whereas the habitable living space in the principal dwelling (which is a bungalow) is around 334.45 square meters (first floor + finished basement). Therefore, allocating such a large floor area to personal storage, almost equivalent to the size of the living space cannot be considered incidental or subordinate to the principal dwelling and its primary residential function. Municipality of Clarington Committee of Adjustment A2024-0053 Page 7 Figure 2A: Existing Three -car Attached Garage Figure 213: Existing Shed Figure 2C: Existing Detached Garage 5.5 The purpose of the zoning by-law is to limit the floor area allocated to personal storage in both attached garages and detached accessory buildings to ensure that the primary residential use (i.e., habitable living space) is not overshadowed. Further, the intent of the accessory structure provisions is to prevent an accessory building to be used as a second dwelling on the lot and to ensure that the accessory building fulfils its intended purpose as a building that is "subordinate and exclusively devoted to the principal building, structure or use on the same lot." In the case of accessory buildings, the by- law sets a maximum total floor area based on the size of the lot to ensure that only the necessary space for personal storage is provided, preventing the construction of larger buildings that could potentially be used for living or non-residential purposes. 5.6 The maximum accessory floor area regulations also ensure the accessory building is appropriate for a subordinate building size and scale as these buildings are to remain secondary to the primary residential building and use. In staff's opinion the proposed accessory building fails to meet the intent of the floor area regulations. There is already sufficient space for storage on the property and given the building of this scale, it is at risk of being used in the future for a purpose other than an accessory building and is not at a scale deemed accessory to a principal residential use. Municipality of Clarington Committee of Adjustment A2024-0053 Page 8 5.7 For the above reasons, it is in Staff's opinion that the proposal does not maintain the intent and purpose of the Zoning By-law nor is it consistent with the type and scale of minor variance applications recommended for approval in the past. Desirable for the appropriate development or use of the land, building or structure 5.8 Zoning By-law 2005-109 limits the size and scale of development within the Oak Ridge's Marine to limit human impact on natural features. Although the proposed accessory building is sheltered from neighbouring properties and on a large lot, the proposed size of the accessory building is more suitable to activities and uses typical to a principal residential dwelling, rather than a building that is intended to be accessory to the principal residential dwelling. Further, it is possible for the applicants to design a detached building that is more in keeping with the maximum 120 square metres. 5.9 The Official Plan and Zoning By-law contain policies and regulations aimed at reducing the impact of development on the natural environment within the Oak Ridges Moraine. Approving large accessory buildings and expanded storage space, which falls under the definition of development in the Official Plan, however, would be inconsistent with the primary residential use of the principal dwelling. By limiting storage space to a subordinate role and incidental use, new developments will better align with the scale and design of existing properties in the Oak Ridges Moraine, while also protecting the sensitive natural features of the property. 5.10 It is staff's opinion that the minor variance requested is not appropriate for the lands and would not 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. 5.12 Allowing larger accessory buildings on this property would contribute to greater human impact on the natural environment, particularly within the Oak Ridges Moraine. To protect the ecological features of this sensitive area, it is essential that development should be limited to reduce the human impact on the natural environment. 5.13 For the above stated reasons, it is staff's opinion that the proposed increase of the maximum permitted total floor area is not minor in nature. 6. Conclusion 6.1 Given the above comments, staff recommend denial of the application for a minor variance to Section 4.1.3 of Zoning By-law 2005-109 to facilitate the addition to an existing accessory building by increasing the maximum permitted total accessory floor area for all accessory structures from 120 square meters to 235 square meters; as it does not maintain the general intent and purpose of the Clarington Official Plan, or Zoning By-law 2005-109, is not desirable for the appropriate development or use of the land, and is not minor in nature. Municipality of Clarington Committee of Adjustment A2024-0053 Page 9 Submitted by: 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: Development Engineering Division Comments Attachment 2: Central Lake Conservation Authority Comments Attachment 3: Conceptual Site Plan Attachment 4: Elevation Drawing Interested Parties: The following interested parties will be notified of Committee's decision: Raymond Moulsdale Melanie Moulsdale 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 Date: January 9, 2025 Subject: Minor Variance Application A2024-0053 File: Applicant: Raymond and Melanie Moulsdale Address: 2816 Regional Road 20, Darlington PT Lot 7, Concession 9 Former Township of Darlington The applicant requires a Minor Variance to permit the construction of an addition to existing accessory building by: • increasing the maximum permitted floor area from 120 m2 to 235 m2 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 ►1Q, 9111197s] If you have any questions regarding the above -noted comments, please contact Julia Antonova, Planning and Infrastructure Services Department. KOL,I 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 Central 9 Lake Ontario CONSERVATION to AUTHORITY January 13, 2025 Committee of Adjustment Municipality of Clarington Planning Services Department 40 Temperance Street Bowmanville, ON L1C 3A6 Attention: Akibul Hogue, Acting Secretary/Treasurer Dear Mr. Hoque: Subject: Minor Variance Application A2024-0053 Applicant: Raymond and Melanie Moulsdale Address: 2816 Regional Road 20 Darlington, ON L1C 6V4 CLOCA File No.: PVOG395 Healthy watersheds for today and tomorrow. Purpose of Application: To facilitate the addition to an existing accessory building by increasing the maximum permitted total accessory floor area for all accessory structures from 120 square meters to 235 square meters. Thank you for circulating Central Lake Ontario Conservation Authority (CLOCA) on the above noted minor variance application. The subject property is located within the Bowmanville Creek watershed and is partially regulated by CLOCA. The location where the accessory building is proposed within the lot is subject to CLOCA regulation. The existing temporary structure existing around the same footprint is set to be removed to build the permanent accessory building. Also, based on previous discussions with the applicant, the development footprint is positioned within adequate distance from the mapped drainage feature. Accordingly and as per the circulated drawings, we do not have an objection towards the approval of the proposed minor variance. Please note that a CLOCA permit pursuant to Ontario Regulation 41/24 needs be acquired from CLOCA prior to starting construction. The applicant is required to contact CLOCA after receiving their MV approval to consult our permit requirements. Fees associated with regulation services (permit issuance) should be directly submitted to CLOCA and follow a separate fee structure than the Minor Variance fee. Thank you for the opportunity to provide comments on this minor variance application. Please feel free to contact the undersigned should you have any questions. Sincerely, Sarem Nejad, PhD MCIP RPP Development Planner 100 WHITING AVENUE OSHAWA ON L1H 3T3 I P. 905 579 0411 1 F. 905 579 0994 1 CLOCA.COM 17 ELEV8 DR A F TING C O M.OU Io8IN W [Z*9Ll I \ . .... .... .. . . .. 1_0 \ I\ I � \ M ` LJJ o CV � i M Li-i \ \ 00 - \ 00 Lq CV MN4$�� Iz i WELL 14 GE \ PN 9 P -0 s� z0 r EXISTING DWELLING -- I NEW GARAGE (SHOWN SHADED) EXISTING GARAGE NEW COVERED AREA (SHOWN SHADED) o \ �o \ 0 M REVISIONS 1 OCT.21.24 ISSUED TO CLIENT FOR REVIEW MS I I lu 0 C'V Ln 0 0 I � z I� ELEV8 DRAFTING COMPANY INC. �O 7 - 31 Baldwin St. Suite 207, Brooklin, ON, L1 M OA7 Phone: (905) 409-9196 E-mail: mat@elev8drafting.ca PAGE TITLE: I SITE PLAN CLIENT: M.001Eo8IN W 09*6E MELANIE &RAY PROJECT: GARAGE ADDITION LOCATION: 2816 DURHAM REGIONAL ROAD 20 BOWMANVILLE, ONTARIO PROJECT: PAGE#: J�IAILI:2450 si 1:500 ACCESSORY BUILDING ZONING INFORMATION REQUIRED PROVIDED SITE AREA N/A 22451 m2 / 2.25 ha TOTAL LOT COVERAGE (MAX) 10% 218.13 m2 OR 0.97% TOTAL ACCESSORY FLOOR AREA (MAX) 120 m2 280.56 m2 (VARIANCE FOR 281 m2) MAX HEIGHT 5.Om 5.44m (VARIANCE FOR 6m) FRONT YARD 6m 102.35m SIDE INTERIOR YARD 1.2m 30.6 & 65.35m REAR YARD 1.2m 53.18m MID -POINT OF ROOF GARAGE SLAB/ GRADE U/S OF CEILING_@ STORAGE LOFT TOP OF WINDOW ib FIN. STORAGE FLOOR TOP OF PLATE TOP OF WINDOW/DOOR 7 c0 NO GARAGE SLAB/ GRADE 9' WIDE GARAGE DOOR PROPOSED FRONT ELEVATION PROPOSED LEFT SIDE ELEVATION TOP OF WINDOW DID U/SOFS• 0000000 � 0 0 0 0 0 0 0 0 0 0 0 0 0 IMIMIMIMIMIMIMI - 0000000 �� GARAGE SLAB DOOR 0 40 • THE CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS, EXISTING STRUCTURE AND CONDITIONS PRIOR TO PROCEEDING WITH CONSTRUCTION. ANY DISCREPANCIES SHALL BE REPORTED TO ELEV8 DRAFTING COMPANY INC. PRIOR TO COMMENCEMENT OF WORK. • THE CONTRACTOR IS TO PROVIDE ALL NECESSARY BRACING AND SHORING REQUIRED DURING CONSTRUCTION. THE CONTRACTOR SHALL ALSO PROVIDE ALL NECESSARY BRACING, SHORING AND OTHER TEMPORARY SUPPORT TO PROTECT ALL EXISTING AND ADJACENT STRUCTURES AFFECTED BY THIS WORK. THE CONTRACTOR SHALL TAKE FULL RESPONSIBILITY FOR ALL SUCH MEASURES • THIS DRAWING IS AN INSTRUMENT OF SERVICE, IS PROVIDED BY AND IS THE PROPERTY OF ELEV8 DRAFTING COMPANY INC. THIS DRAWING IS NOT TO BE SCALED. CONSTRUCTION IS NOT TO BEGIN PRIOR TO RECEIVING BUILDING PERMIT APPROVAL E L E V B DRAFTING CO. LEGEND 2 - 2"x4" OR 2"x6" 0 SMOKE ALARM 3 - 2"x4" OR 2"x6" si SMOKE/CARBON 4 - 2"x4" OR 2"x6" 5 - 2"x4" OR 2"x6" SOLID BEARING FROM ABOVE POINT LOAD FROM ABOVE BEAM BY FLOOR MANUFACTURE ABOVE FINISHED FLOOR GIRDER TRUSS FLAT ARCHWAY WALL LEGEND ® EXISTING WALLS TO BE FILLED E ] EXISTING WALLS TO BE REMOVED - EXISTING WALLS TO REMAIN 0 NEW WALLS REVISIONS 1 OCT.11.24 ISSUED TO CLIENT FOR REVIEW MS 2 OCT.21.24 ISSUED TO CLIENT FOR REVIEW MS 3 OCT.23.24 REVISED PER CLIENT REQUEST (STAIR LOCATION) MS 4 NOV.04.24 STORAGE LOFT & BUILDING HEIGHT REDUCED MS ELEV8 DRAFTING COMPANY INC. 7 - 31 Baldwin St. Suite 207, Brooklin, ON, L1 M OA7 Phone: (905) 409-9196 E-mail: mat@elev8drafting.ca FRONT & LEFT SIDE ELEVATION MELANIE & RAY GARAGE ADDITION 2816 DURHAM REGIONAL ROAD 20 BOWMANVILLE, ONTARIO 2450 A2 3/16 =1-0 "