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HomeMy WebLinkAboutA2020-0033 4028 Hwy 2 Comments 11-26 Bothc1twingwn Addendum Report to Report A2020-0033 — November 26, 2020 Planning Services Committee of Adjustment Date of Meeting: November 26, 2020 File Number: A2020-0033 (Addendum Report) Address: 4028 Highway 2, Brownsville Report Subject: Minor variance application to facilitate the construction of a detached garage by reducing the minimum required interior side and rear yard setback from 1.2 metres to 0.6 meres and by increasing the maximum permitted lot coverage from 10% to 10.1 % Recommendations: 1. That the Report for Application A2020-0033 be lifted from the table; 2. That the Addendum Report for Minor Variance Application A2020-0033 be received; 3. That all written comments and verbal submissions were considered in the deliberation of this application; 4. That application A2020-0033 to facilitate the construction of a detached garage by reducing the minimum required interior side and rear yard setback from 1.2 metres to 0.6 meres and by increasing the maximum permitted lot coverage from 10% to 10.1 % be approved as it is minor in nature, is 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 5. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2020-0033 1 Background Page 2 1.1 Application A2020-0033 was heard at the Committee of Adjustment meeting on August 20, 2020. The applicant had requested additional time to discuss the proposal with Clarington staff, the Committee approved the following motion: "That application A2020-0033 for a minor variance to Section 3.1.c and 3.6. e. of Zoning By-law 84-63 to reduce the rear yard and side yard setback from 1.2 metres to 0.6 metres and increase the lot coverage from 10% to 13% to permit an accessory building in the rear yard, be tabled for ninety days to allow further discussion with the applicant with respect to the nature of the proposal" 1.2 The application was tabled as staff had concerns regarding the size of the proposed detached garage and the proposed setbacks to the lot lines and septic system. In addition, staff did not receive comments from the Durham Region Health Department. 1.3 Through consultation with the Health Department and Planning staff, the applicant has further revised plans to reduce the size of the detached garage satisfying Durham Health's setback requirements to the septic system (see Figure 1). The existing detached garage is a legal non -complying structure that is setback approximately 2 metres from the septic system, less than the required 5 metres from the septic system. The applicant wishes to demolish the existing garage and rebuild a new one in a similar location for additional storage. The revised plans for the proposed detached garage will not further reduce the setback to the septic system which is acceptable to the Health Department. 1.4 In consultation with the Public Works department, the applicant will submit a grading plan to the satisfaction of the Manager of Infrastructure Development Engineering of the Public Works Department. The grading plan will be submitted at Building Permit stage. Municipality of Clarington Committee of Adjustment A2020-0033 Page 3 NaM Property line z' _ is is Current Garage 4 Septic Syslem Proposed Ga :g------------------ ❑r vewaylParking Spaces ................. Figure 1: Site Plan showing location of existing and proposed detached garage (Not to Scale) 2 Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 2.1 Both the Regional and Clarington Official Plans permit the residential use of the property. A detached garage is considered accessory to the residential use. 2.2 It is staff's opinion that the application conforms to the intent and purpose of both the Official Plans. Conformity with the intent and purpose of the Zoning By-law 2.3 The subject property is zoned Rural Cluster (RC) which permits the residential use and accessory structures. Section 3.1.c of Zoning By-law 84-63 provides the regulations for accessory structures. For the subject property, the maximum permitted height is 4.5 metres and the maximum lot coverage is 10% of the lot area, totalling to approximately 88.98 square metres based on 2020 MPAC Assessment data of lot area. The proposal is for a height of 4.5 metres and a floor area of 89.6 metres (see Figure 2). 2.4 The intent and purpose of limiting lot coverage on a property is to ensure adequate drainage on the property and that the structure does not dominate the lot. The existing single detached dwelling and proposed detached garage is well within the maximum permitted overall lot coverage of 30% in the Rural Cluster Municipality of Clarington Committee of Adjustment A2020-0033 Page 4 (RC) zone and is within the maximum permitted total accessory floor area of 90 square metres for lots less than 2 hectares in size. The subject property is one of the smaller parcels in the surrounding area, thus the more restrictive lot coverage regulation is applicable for the accessory structure. The proposed detached garage still meets the total floor area requirement and would allow for greater functionality of the parcel. The applicant will be working towards submitting a grading plan to ensure that no adverse drainage will occur to impact adjacent properties. 2.5 The intent and purpose of setback requirements is to ensure that there is adequate separation from the accessory structure to the rear yard of the abutting property, adequate space for maintenance around the building and to accommodate positive drainage around the property. In addition, the applicant has recently installed a fence that provides additional screening of the structure from adjacent properties (See Figure 3 and 4). At the time of writing this report, staff have received no comments from adjacent neighbours. Proposed Garage 21'x46' 4.5m (14' - 9") Miid Peak -------------------- Current Garage 20' x 32' 9' Mid Peak Figure 2: Front elevation of proposed garage relative to current garage Municipality of Clarington Committee of Adjustment A2020-0033 Figure 3: View of Rear Yard from dwelling Figure 4: View of Subject Property from Highway 2 Page 5 Desirable for the appropriate development or use of the land, building or structure 2.6 The appropriate development is residential, and the proposed detached garage is accessory to that residential use. The proposed detached garage will replace the existing garage and continue to provide storage options for the current owners, thus improving the usability of the property. Municipality of Clarington Committee of Adjustment A2020-0033 Page 6 2.7 The subject property is relatively small when considering other rural residential lots — having an area that is less than '/4 acre. In some respects, the subject lot size is comparable to parcels in the Urban Areas of the municipality (see Figure 5). The existing dwelling is setback approximately 23 metres from the front lot line and the proposed detached garage will be situated in the rear yard. In allowing for greater lot coverage and a reduction in setbacks, the proposed detached garage will have minimal impact to the street and the adjacent properties as there is a sufficient separation from the lot to neighbouring dwellings. 2.8 For the above stated reasons, it is staff's opinion that the minor variances requested are desirable for the residential use of land and building. Figure 5: Aerial image of the subject property Minor in Nature 2.9 The proposed detached garage conforms to both Official Plans and maintains the intent of the regulations for accessory buildings in the Zoning By-law. The proposed detached garage will replace a legal non -complying structure and will be slightly larger than the existing garage. Through consultation with the Durham Health department, the applicant will not further reduce the setback to the septic system and the proposal will not hinder the functionality of the system. In addition, the applicant is working towards submitting a grading plan to ensure adequate drainage on the property. 2.10 The existing layout of the structures and septic system posed as significant constraints when revising the location and size of the proposed detached garage. The applicants have worked diligently to address staff and agency concerns to Municipality of Clarington Committee of Adjustment A2020-0033 Page 7 find suitable solutions for the property. The revised proposal will allow for a typical sized detached accessory building on this parcel while addressing staff and agency comments. 2.11 For the above stated reasons, it is staff's opinion that the requested variance is minor in nature. 3 Conclusion 3.1 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. 3.2 Given the above comments, Staff recommends approving this application for minor variances to Section 3.1.c to facilitate the construction of a detached garage by reducing the minimum required interior side and rear yard setback from 1.2 metres to 0.6 meres and by increasing the maximum permitted lot coverage from 10% to 10.1 % subject to the following conditions: Submitted by: Anne Taylor Scott, Principal Planner, Development Review Branch The following is a list of interested parties to be notified of the Committee's decision: Tyler and Melissa Grindrod — Owner arx c1twingwn Attachment 1 to Addendum Report A2020-0033 November 26-2020 Planning Services Committee of Adjustment Date of Meeting: August 20, 2020 File Number: A2020-0033 Report Subject: A minor variance application to reduce the rear yard and side yard setback from 1.2 metres to 0.6 metres and increase the lot coverage from 10% to 13% to permit an accessory building in the rear yard. Recommendations: 1. That the Report for Minor Variance Application A2020-0018 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application 3. That application A2020-0033 for a minor variance to Section 3.1.c and 3.6. e. of Zoning By-law 84-63 to reduce the rear yard and side yard setback from 1.2 metres to 0.6 metres and increase the lot coverage from 10% to 13% to permit an accessory building in the rear yard, be tabled for ninety days to allow further discussion with the applicant with respect to the nature of the proposal; and 4. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2020-0033 1 Application Details 1.1 Applicant/Owner: Tyler and Melissa Grindrod Page 2 1.2 Proposal: A minor variance to Section 3.1.c and 3.6.e. of Zoning By-law 84-63 to reduce the rear yard and side yard setback from 1.2 metres to 0.6 metres and increase the lot coverage from 10% to 13% to permit an accessory building in the rear yard. 1.3 Area of Lot: 900 square metres 1.4 Location: 4028 Highway 2 (see Figure 1) 1.5 Legal Description: Part Lot 18, Concession 2, Former Township of Clarke 1.6 Zoning: Rural Cluster (RC) Zone of Zoning By-law 84-63 1.7 Clarington Official Plan Designation: Hamlet 1.8 Durham Region Official Plan Designation: Hamlet 1.9 Heritage Status: None Municipality of Clarington Committee of Adjustment A2020-0033 2129 � 2113 21ao Q 2097 v oe 0 LOT:19 LU J 207 CON:2 ? CA IAT:_78� 4I z 205 2048 m 2028 2011 Go r CV o co co co 2010 REGIONAL HIGHWAY 2 M r— [r7 1` CO 00 CD o) r r T � CD n Q C] LO Cy C D � C) CD Q 172 171 OD r N LL J imn03 3111ASNMONG LOT:19 coN:1 N 1093 LO LOT: 16 CON:1 2 T 1685 v �c m Property Location Map (Newcastle Village) - Area Subject To Minor Variance « 4028 Highway 2, Newcastle Village A2020-0033 Figure 1— Location Map Page 3 Municipality of Clarington Committee of Adjustment A2020-0033 2 Background Page 4 2.1 The applicant is seeking to construct a detached garage and would require a minor variance to the lot coverage, side yard and rear yard setback to conform to zoning. The proposed detached garage would replace the existing garage. 3 Land Characteristics and Surrounding Uses 3.1 The subject property is located at 4028 Highway 2, which is north of Highway 2 and east of Brownsville Road (see Figure 1). The property is an interior lot, approximately 900 square metres with an approximate frontage of 50 metres and depth of 191.5 metres. The property is one of the smaller sized lots along Highway 2. 3.2 The surrounding uses to the south, east, and west are residential in the form of single detached dwellings similar to the dwelling on the subject property. To north, the rear property line abuts open space and is zoned Agricultural. 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: The applicant must submit a Grading Plan in support of this application. The required Grading Plan must provide a drainage swale on the east side and rear of the garage. The plan must demonstrate that storm drainage flow can be accommodated within the required swales with a reduced side yard. The plan will be subject to the approval of the Manager of Infrastructure. 5.2 The Clarington Building Division has no concerns with this application. 5.3 The Clarington Emergency Services has no fire safety concerns with this application. 6 Agency Comments 6.1 The subject property is within an area regulated by the Ganaraska Region Conservation Authority. The GRCA has no objection to the approval of the application. Municipality of Clarington Committee of Adjustment A2020-0033 Page 5 6.2 Comments have not been received from Durham Region Health Department. 7 Discussion 7.1 The proposed garage is significantly larger than the principal dwelling and staff have concerns with the proposed setbacks. The applicant did not have any prior consultation with Planning staff prior to submitting the application. The applicant has requested additional time to discuss any proposed revisions with Planning staff. 8 Conclusion 8.1 Given the above comments, Staff recommends this application for a minor variance be tabled for ninety (90) days to allow Staff to discuss the proposed accessory structure with the applicant. 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: