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Home My WebLink AboutMOC Comments A2020-0015 236 Sandringhamc1twingwn Planning Services Committee of Adjustment Date of Meeting: May 14, 2020 File Number: A2020-0015 Report Subject: A minor variance application to recognize existing side yard setbacks to permit the interior renovation of the garage into living space. Recommendations: 1. That the Report for Minor Variance Application A2020-0015 be received; 2. That all written comments and verbal submissions be considered in the deliberation of this application; 3. That application A2020-0015 for minor variance to Section 12.2 d. iii) b of Zoning By-law 84-63 to recognize existing side yard setbacks to permit the interior renovation of the garage into living space be approved as it is minor in nature, desirable for the appropriate development or use of the land and maintains the general intent and purpose of the Zoning By-law, the Durham Region Official Plan and Clarington Official Plan; and 4. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2020-0015 1 Application Details 1.1 Applicant/owner: Cosmas Gikizas Page 2 1.2 Proposal: Minor variance Section 12.2 d. iii) b of Zoning By-law 84-63 to recognize existing side yard setbacks to permit the interior renovation of the garage into living space. 1.3 Area of Lot: 547.5 square metres 1.4 Location: 236 Sandringham Drive (see Figure 1) 1.5 Legal Description: Part Lot 29, Conc 2, Former Township of Darlington 1.6 Zoning: Urban Residential Type One (R1) Zone of Zoning By-law 84- 63 1.7 Clarington Official Plan Designation: Urban Residential 1.8 Durham Region Official Plan Designation: Living Areas 1.9 Heritage Status: None Municipality of Clarington Committee of Adjustment A2020-0015 Page 3 a � I • a — Z i 1663 � � iii nae a L LAN D 'IV E STRATHE� ,;. AVONDALE DRIVE Nil A to n � .tc s•� t t,7 fs_ � � t �� Q � � C. �� CALECHE AVENUE -. Dnp to 2s � 3'O � � Y7 2651 42 V J n 0637 SAND RINGHA m LT CREW? y a. 1 zeas Firesradon Num6er4 8 2660 28„ I r A2020-001 259, -may GHAM I]RIVE �= ■ a • f 2 LaT 29 - ,s LOT -:30 C4N:2 Lo" 31 �9 ■ co, 2 6 K 7 CON- 2 797 8 S g 3 1N37� ■ a pWNSTONE rjI ry e, •.. ■�? HILLHUR o 43 aUJ$ r�� ' EA ■''B� 2a JF J t; ¢ yO s■ s a D2474 2o- W Q c��sco+m INGLI x50 OC II^ ,, > zo q HE 13 � � i -06C J � '� � r■ TOr , ] s"n9 r S p 2 � � zr 2 N _ YOF�-CVILLE DRIVE Property Location Map (Courtice) - Area Subject To Minor Variance 236 Sandringham Drive, Courtice A2020-0015 Figure 1 — Location Map Municipality of Clarington Committee of Adjustment A2020-0015 2 Background Page 4 2.1 The applicant wishes to convert the garage into living space. Minimum side yard setbacks are partly determined by the existence of a garage. Therefore, to conform to zoning, a variance is required to recognize the existing side yard setbacks. 3 Land Characteristics and Surrounding Uses 3.1 The subject property is located at 236 Sandringham Drive, which is south of Hwy 2 and just east of Trulls Road (see Figure 1). The property is approximately 547.5 square metres with an approximate frontage of 15 metres and an approximate depth of 36.5 metres. 3.2 To the east, south, and west are residential properties on similarly sized lots. To the north, on the other side of Sandringham Drive, is a larger parcel zoned R3 to permit townhouses. 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, the appropriate notice was mailed to each landowner within the prescribed distance. 4.2 Staff did not receive any public enquires about this application. 5 Departmental Comments 5.1 The Clarington Engineering Services Department has no concerns with this application. 5.2 The Clarington Building Division has no concerns with this application. 5.3 The Clarington Emergency Services has requested there be a fire safety inspection on the converted garage. This inspection is a condition for the Building Permit. 6 Discussion Conformitv with the intent and purpose of the Zonina By-law 6.1 The subject property is zoned R1 which requires minimum interior side yard setbacks be 1.2 metres if the dwelling has an attached garage, or, without a garage, 1.2 metres on one side and 4.5 metres on the other. The intent of this regulation is to provide room beside the dwelling for parking if there is no garage. Currently, the dwelling has an attached garage and side yard setbacks of 2.16 Municipality of Clarington Committee of Adjustment A2020-0015 Page 5 metres and 2.17 metres, and thus conforms to zoning. However, converting the garage to living space puts the house in non-compliance with the Zoning By- law's side yard setback requirements of 1.2 metres on one side and 4.5 metres on the other. 6.2 The intent of the requirement for greater side yard setbacks for dwellings without a garage is to contribute to the provision of minimum parking requirements. The Zoning By-law requires two outdoor parking spaces for the dwelling. The driveway is approximately 6 metres by 6 metres, which is more than the minimum 5.7 metres by 4.6 metres required for two parking spaces. Without a garage, the subject property would meet the Zoning By-law's requirements for parking. 6.3 For the above reasons, it is in staff's opinion that the proposal maintains the intent and purpose of the Zoning By-law. Figure 2: Grading plan and aerial photo of subject property (note driveway) Municipality of Clarington Committee of Adjustment A2020-0015 Figure 3: Photo of subject property's driveway Page 6 Conformity with the intent and purpose of the Regional and Clarington Official Plans 6.4 Both the Regional and Clarington Official Plans permit the residential use. Clarington's Official Plan designates the subject property as Urban Residential. Across Sandringham Drive to the north is the edge of the Courtice Main Street Secondary Plan area, but the subject property is outside the Secondary Plan area. 6.5 For the above stated reasons, it is staff's opinion that the application conforms to the intent and purpose of both the Official Plans. Desirable for the appropriate development or use of the land, building or structure 6.6 The appropriate use of land is residential. The requested variance is to allow the interior renovation of the garage into living space. The applicant wishes to do this to provide living space for a family member who has a medical condition. 6.7 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 A2020-0015 Page 7 Minor in Nature 6.8 The proposed renovation conforms to both Official Plans and maintains the parking requirement of the Zoning By-law. The variance is required because of a redundancy in the Zoning By-law: the increased side yard setback helps ensure conformity with the requirement for two outdoor parking spaces. It is staff's opinion that the requested minor variance will have little to no adverse affect on the neighbourhood. 6.9 For the above stated reasons, it is staff's opinion that the requested variances are minor in nature. 7 Conclusion 7.1 Based on Staff's review of the application the application conforms to the intent and purpose of the Zoning By-law and the Regional and Municipal Official Plans, is desirable for the appropriate development or use of land and is deemed to be minor in nature. 7.2 Given the above comments, Staff recommends approving this application for a minor variance to section 12.2d.iii)b of Zoning By-law 84-63 to recognize existing side yard setbacks to permit the interior renovation of the garage into living space. Submitted by: A . � �_ L Cynthia Strike, Principal Planner, Development Review Branch The following is a list of interested parties to be notified of the Committee's decision: Cosmas Gikizas