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Home My WebLink AboutA2020-0027 29 Washburn Path commentsc1twingoll Planning Services Committee of Adjustment Date of Meeting: July 23, 2020 File Number: A2020-0027 Report Subject: A minor variance application to reduce the permitted rear yard setback from 6 metres to 3.25 metres to facilitate a proposed screened -in deck. Recommendations: 1. That the Report for Minor Variance Application A2020-0027 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2020-0027 for a minor variance to Section 12.4.94. g. ii) of Zoning By-law 84-63 to permit the reduction of the minimum required rear yard setback from 6 metres to 3.25 metres to facilitate a proposed screened -in deck 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 A2020-0027 1 Application Details 1.1 Applicant: Chris Lalonde (Sunspace Sunrooms) 1.2 Owner: Roger & Sandy Kelloway Page 2 1.3 Proposal: Minor variance to Section 12.4.94. g. ii) of Zoning By-law 84- 63 to permit the reduction of the minimum required rear yard setback from 6 metres to 3.25 metres to facilitate a proposed screened -in deck. 1.4 Area of Lot: 560 square metres 1.5 Location: 29 Washburn Path, Courtice (see Figure 1) 1.6 Legal Description: Part Lot 33, Concession 3, Former Township of Darlington 1.7 Zoning: Urban Residential Exception (R1-94) Zone of Zoning By-law 84-63 1.8 Clarington Official Plan Designation: 1.9 Durham Region Official Plan Designation: 1.10 Heritage Status: Urban Residential Living Areas None Municipality of Clarington Committee of Adjustment A2020-0027 SY HONIEFIELo "-- 96 `—�— — — 3194 94 72 PGPFYF%to ORPA 96 97 67 p 70 94 93 98 2 99 65 68 92 91 3178 100 101 63 66 90 102 103 Lam' 34 $1 64 89 104 105 0�.3 59 62 87 3764 86 106 P 107 57 fi6 84 85 - - - — - - 58 aSQUARE 56 82 S3 1 1 11 a N c w W 120 54 80 81 52 79 50 78 %13 49 48 76 77 rn _ 75 47 46 74UJ 73 _ BIRCHFIELD DRIVE 71 °❑ry N m C4 45 44 88 d 69 { ryry ��o p P.T.. 43 42 66 J 67 -� ^ 41 40 64 22 41 � 85 33 m m 39 38 B2 W fi3 19 _i- 16 35 31 36 6o H 61 58 ti 59 1 .29 4 29A N M m 56 V 57 71 8 27. 54 55 S— 25 C� 29 52 53 2 - 1 V] 21 27 m N P CO CD a 1 3 25 0 CLOVERFIELD STREET 51 N �� 00 r ryrn cv r 48 46 4 m P N S W 44 Q NCO N N P1b C' LO O! 01 CO O N v Z a, v 7 42 r 1n NASH ROAD JOLO7'y.� CON =2 v � 38 vPi v6i +�rl Property Location Map (Courtice) N - Area Subject To Minor Variance w 0, 29 Washburn Path, Courtice s A2020-0027 Figure 1 — Location Map [CIER] --~ 3124 311s n 3108 Q 33 3 3100 1NA%BURN PAW 3092 Q 48 50 3084 fF�- 3076 3065 3060 3052 3193 3179 3171 3131 3020 3017 3012 N 7 �a :l 42f f45 Page 3 Municipality of Clarington Committee of Adjustment A2020-0027 2 Background Page 4 2.1 The applicant is seeking to construct a screened in deck and would require a variance to the rear yard setback to conform to zoning. 2.2 Due to previous minor variance requests that would increase the impermeable surface of the Tooley Mills condominium complex, the Municipality requested the condo board hire an engineer to assess the effect of additions of decks and other additional structures on the overall private stormwater management scheme for the entire site. That assessment was completed in September 2019 by D.G. Biddle & Associates and approved by Clarington's Engineering Services Department. Based on the engineer's calculations, the entire condominium complex can have a 3.3% increase in overall imperviousness with no adverse impacts to stormwater management. This means that each individual unit may have an additional 17.05 square metres of impervious surfaces, which includes patios, decks, sunrooms, or sheds. 2.3 This application is to construct a screened in deck, adding an additional 16.35 square metres, which is within the engineer's parameters. However, the proposed screened in deck would encroach into the rear yard further than permitted by the Zoning By-law, so a minor variance to reduce the minimum required rear yard setback from 6 metres to 3.25 metres is required. 2.4 Tooley Mills was approved with 68 townhouse units in a common elements condominium tenure. The common elements are the roads, sidewalks, amenity areas, visitor parking, a private stormwater management pond and a 3.0 metre strip around the perimeter of the complex and a 3.0 metre strip through the complex for maintenance and drainage purposes. Each owner owns their unit on their own parcel and as such can make applications for expansions to their unit, i.e. decks, sheds and additions. 3 Land Characteristics and Surrounding Uses 3.1 The subject property is located at 29 Washburn Path in the Tooley Mills condominium complex, which is west of Tooley Road and north of Nash Road (see Figure 1). The property is an interior lot and is approximately 560 square metres with an approximate frontage of 11.4 metres and an approximate depth of 32.6 metres. The property is one of the larger lots in relation to others within the condominium complex. 3.2 The surrounding uses to the south, east, and west are Residential. To the north (behind the subject property) the lands are zoned for residential uses but are currently vacant. 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 A2020-0027 Page 5 4.2 At the time of writing this report, Staff received an email from a resident of a nearby property, 71 Centerfield Drive, which is located west of the property. The resident had expressed a concern with the impact potential future applications seeking a similar variance along Washburn Path may have abutting properties. 5 Departmental Comments 5.1 Clarington Engineering Services Department The Clarington Engineering Services Department has no concerns with this application. 5.2 Clarington Building Division The Clarington Building Division has no concerns with this application. A building permit is required. 5.3 Clarington Emergency and Fire Services Department The Clarington Emergency Services has no fire safety concerns with this application. 6 Discussion Conformity with the intent and purpose of the Zoning By-law 6.1 The intent and purpose of minimum setback requirements is to ensure buildings and accessory structures do not encroach or overwhelm neighbouring properties. The subject property is zoned R1-94, which permits the residential use. The minimum rear yard setback for this zone is 6 metres. 6.2 The proposed screened -in deck will extend from the dwelling 3.35 metres. Due to the positioning of the dwelling and the lot being pie -shaped, the resulting rear yard setback is 3.25 metres (see Figure 2). Municipality of Clarington Committee of Adjustment A2020-0027 SUNSPACE U15TING DWELLING GEUER.y, up1E5. FIN 1:1=LLOWQE AY SCENE7-N DEC 267D7-0698 79 Waslyum Palh A3 FEft MUNICIPurt OfKRWOW 204m6 f yr-NW 84 0 , A1v_LA Ga.Cr'9e {d:.el..y, 60� Cl-WIN a, i xm1c !p. Lm {�IpA31a�1 65S - Futxr IAn. Lot FriyRage n. Cng96^ Pr MMI Al i M, gm"a Fnnt Vw 111-, 1lory—, . �f •u a-Qn I!e dwJ yl uw.o w.xcvvwml.�dcr,y Lk ass a- thn. Aayua4 r5yard 6.Pn "r �- M-A Figure 2: Site plan showing location of sunroom and setbacks Page 6 6.3 At the rear property line of the individual unit is a wooden privacy fence. Beyond the fence is a 3-metre buffer that is owned by the condominium corporation (see Figure 3). Beyond that buffer land slated for future residential development. 6.4 For the above reasons, it is in staff's opinion that the proposal maintains the intent and purpose of the Zoning By-law. LOT 33, PIN 25707-0656 IP 50.11 PMEAS �r 12. SID Sob 22.29 N65.561n f z � � O w9. 1.37 1 5 N� SSB 0 F�fd^t' w4. Figure 3: Subject property showing 3 metre common elements buffer Conformity with the intent and purpose of the Regional and Clarington Official IDi-r- 6.5 Both the Regional and Clarington Official Plans permit the residential use of the property. The screened- in deck are accessory to the residential use. Municipality of Clarington Committee of Adjustment A2020-0027 Page 7 6.6 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 6.7 The appropriate development for the subject property is residential. The screened -in deck is accessory to the residential use. 6.8 The proposed screened -in deck would reduce the rear yard setback from 6 metres to 3.25 metres. There still remains a 3 metre common elements buffer to the neighbouring vacant property. The engineering analysis finds that the increase in impervious surface will have no adverse impacts on stormwater management scheme. Minor in Nature 6.9 While reducing a rear yard setback by half appears significant, it is in conformity with the intent of the Zoning By-law. The proposal is also in conformity with the intent of both the Regional and Municipal Official Plans. Due to the 3 metre common elements buffer, and the engineer's analysis, impacts on neighbouring units and neighbouring properties are minimal. 6.10 For the above stated reasons, it is staff's opinion that the proposed screened -in deck is minor nature would be desirable for the neighbourhood. 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 12.4.94. g. ii) of Zoning By-law 84-63 to permit the reduction of the minimum required rear yard setback from 6 metres to 3.25 metres to facilitate a proposed screened -in deck. J Submitted by: Cynt is Strike, Principal Planner, Development Review Branch The following is a list of interested parties to be notified of the Committee's decision: Roger & Sandy Kelloway