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HomeMy WebLinkAboutComments A2020-0017 19 Harvey Jonesc1twingwn Date of Meeting: File Number: Planning Services Committee of Adjustment June 25, 2020 IYIIaIIIE/ Report Subject: A minor variance application to increase the maximum permitted side yard projection to allow a side yard setback of 0.5 metres to facilitate steps for an apartment -in-house entrance. Recommendations: 1. That the Report for Minor Variance Application A2020-0017 be received; 2. That all written comments and verbal submissions be considered in the deliberation of this application; 3. That application A2020-0017 for minor variance to Section 3.1g.iv) of Zoning By- law 84-63 to increase the maximum permitted side yard projection to allow a side yard setback of 0.5 metres to facilitate steps for an apartment -in-house entrance 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 A2020-0017 1 Application Details 1.1 Applicant/owner: Mohamed-Jimi Arey Page 2 1.2 Proposal: A minor variance application to Section 3.1 g.iv) to increase the maximum permitted side yard projection to allow a side yard setback of 0.5 metres to facilitate steps for an apartment -in-house entrance. 1.3 Area of Lot: 449 square metres 1.4 Location: 19 Harvey Jones Avenue, Bowmanville (see Figure 1) 1.5 Legal Description: Part Lot 17, Conc 2, Former Township of Darlington 1.6 Zoning: Urban Residential Exception (R1-79) 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 A2020-0017 Figure 1 — Location Map Page 3 Municipality of Clarington Committee of Adjustment A2020-0017 2 Background Page 4 2.1 The applicant wishes to install an exterior staircase in an interior side yard to gain access to an apartment -in-house which is situated in the basement of a single detached dwelling. The applicant has applied for a building permit, which has not yet been issued. The applicant has yet to apply to the Planning Services Department for an apartment -in-house certificate. 2.2 Section 3.1 g. iv) permits steps abutting the principle building to project into a required side yard, provided the side yard is not reduced below 0.6 metres. The requested variance is for a reduction to 0.5 metres. 2.3 The Building Division did require the applicant to obtain a survey to ensure exact property measurements. The 1.1 metres is exactly the distance required to meet Building Code requirements, being 900 mm for the stair width and 200mm for the concrete wall for the stairwell. 3 Land Characteristics and Surrounding Uses 3.1 The subject property is located at 19 Harvey Jones Avenue in the Brookhill Neighbourhood of Bowmanville (see Figure 1). The property is approximately 449 square metres with an approximate frontage of 12.8 metres and an approximate depth of 35 metres. 3.2 To the north, east, south, and west are single detached dwellings on similarly sized lots. 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. Municipality of Clarington Committee of Adjustment A2020-0017 Figure 2 - Front yard of 19 Harvey Jones Avenue. Page 5 4.2 As of writing this report, staff received an email from the adjacent property owner to the west with two objections and one concern, summarized below: The lands between the homes receives a large amount of rainfall from the downspouts of both dwellings. This area is sopping wet from the rainfall. Any disruption to the grade will cause flooding to one or both dwellings. The apartment has been used as an Air BNB. The resident's home has large windows and he is concerned about privacy and safety as strangers will be entering and existing alongside his home. The resident is concerned about loitering near the home; cigarette smell entering his home which will have a negative impact on the health of their child. Outdoor lighting to illuminate the apartment door would create sleep disturbances. This is the access to his rear yard and staircase would detract from it aesthetically and hinder his ability to get to his rear yard. 5 Departmental Comment 5.1 The Clarington Engineering Services Department has no concerns with this application, provided the grading along the property not be altered. Municipality of Clarington Committee of Adjustment A2020-0017 Page 6 5.2 The Clarington Building Division has advised that a building permit has been applied for the apartment -in-house but has not been issued. The proposed staircase meets the Building Code requirements. 6 Discussion Conformity with the intent and purpose of the Zoning By-law 6.1 The subject property is zoned R1-79 which requires minimum interior side yard setbacks be 1.2 metres on one side and 0.6 on the other side. 6.2 The intent of this regulation is to ensure drainage and access to the rear yard is maintained. 6.3 The Engineering Services Department has reviewed the proposal and states there is sufficient area for drainage, provided that the grading is not altered. A note will be added to the building permit that states that grading cannot be altered after the staircase is installed. 6.4 The 0.1 metre reduction will still allow for drainage around the concrete wall around the staircase. The applicant currently accesses his rear yard from the east side of dwelling, while the adjacent neighbour will maintain the current access to the rear yard from his own property. 6.5 For the above reasons, it is in staff's opinion that the proposal maintains the intent and purpose of the Zoning By-law. Conformity with the intent and purpose of the Regional and Clarington Official Plans 6.6 Both the Regional and Clarington Official Plans permit the residential use. Clarington's Official Plan designates the subject property as Urban Residential. An apartment in house is permitted. 6.7 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 aDDroariate development or use of the land. buildina or structure 6.8 The appropriate use of land is residential. The requested variance is to allow for an access to a basement apartment which is a permitted used. 6.9 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 A2020-0017 Minor in Nature Page 7 6.10 The side yard setback for the applicant's dwelling is 1.60 metres on the west side, while the neighbouring property has a 1.55 metre setback. With the projection of 0.5 metres drainage can still be maintained. 6.11 The Engineering Services Department does not object to the proposal. Once the stairs are installed the drainage should be maintained. A note will be added to the building permit which states that the grades must not be altered. 6.12 The illumination of the staircase is a requirement of the Building Code. Staff recommend that the applicant install full -cut off lighting, which would illuminate the stairs, but not shine "upwards" or "outwards" to cause light trespass on the adjacent property. 6.13 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 3.1 g. iv) of Zoning By-law 84-63 to increase the maximum permitted side yard projection to allow a side yard setback of 0.5 metres to facilitate steps for an apartment -in-house entrance. Submitted by: Cynthia Strike, Principal Planner Development Review Branch The following is a list of interested parties to be notified of the Committee's decision: Mohamed-Jimi Arey Occupant — 23 Harvey Jones Avenue.