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HomeMy WebLinkAboutMerged Comments A2020-0058 33 Bonathon 02-18-21Clarbgton Planning and Development Services Committee of Adjustment Addendum Report to the January 21, 2021 A2020-0058 Report f this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: February 18, 2021 File Number: A2020-0058 Address: 33 Bonathon Crescent, Bowmanville Report Subject: Minor variance application to facilitate the construction of a deck by increasing the permitted projection into the rear yard setback from 1.5 metres to 2.2 metres; to permit an accessory structure (pergola) by reducing the rear yard and interior side yard setback from 0.6 metres to 0.3 metres; and allowing an overhang projection of up to 0.15 metres for the accessory structure (pergola) . Recommendations: 1. That the Report for Application A2020- 0058 be lifted from the table; 2. That the Addendum Report for Minor Variance Application A2020-0058 be received; 3. That all written comments and verbal submissions were considered in the deliberation of this application; 4. That application A2020-0058 for a minor variance to section 3.1.g. iv) of Zoning By- law 84-63 to facilitate the construction of a deck by increasing the permitted projection into the rear yard setback from 1.5 metres to 2.2 metres; to permit an accessory structure (pergola) by reducing the rear yard and interior side yard setback from 0.6 metres to 0.3 metres; and allowing an overhang projection of up to 0.15 metres for the accessory structure (pergola) be tabled for a period of up to sixty (60) days to allow for proper giving of notice under the Planning Act; and 5. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2020-0058 1. Background Page 2 1.1 Application A2020-0058 was heard at the Committee of Adjustment meeting on January 22, 2021. The applicant had requested additional time to discuss the proposal with Clarington staff, the Committee approved the following motion: "That application A2020-0058 for a minor variance to Section 3.1.g. iv) of Zoning By-law 84-63 to facilitate the construction of a deck by increasing the permitted projection into the rear yard from 1.5 metres to 4 metres be tabled for a period of up to sixty (60) days to allow for further discussion with the applicant and to provide an opportunity to revise the subject application" 1.2 The application was tabled as an additional accessory structure (pergola) was observed by staff during a site visit. A pergola does not require a building permit under the Ontario Building Code but is still subject to the accessory structure provisions in Zoning By-law 84-63. The initial drawings included the partially constructed deck but did not include the pergola. Staff observed that the pergola did not appear to meet the Zoning By-law regulations and has continued to work with the applicant on incorporating the deficiencies related to the pergola into the Minor Variance application (See Figure 1). Figure 1: View of the Pergola in the Rear Yard 1.3 Previously, the initial meeting notice indicated a minor variance for a deck projection from 1.5 metres to 4 metres for the deck. Notice for this second meeting has been provided incorrectly noting the requested variance is for an increase to the permitted deck projection from 1.5 to 2.2 metres due to staff error. The deck projection should be 4 metres, consistent with the original notice. While it does not appear that any staff or agency comments were impacted by the incorrect extent of the minor variance in the second notice, Staff recommend that further notice be provided to accurately reflect the extent of the deck projection for the benefit of circulated residents. The applicant and interested party have been informed of the recommendation to table the application. 2. Conclusion 2.1 Given the above comments, Staff recommend this application for a minor variance be tabled for a period of up to sixty (60) days to allow for proper giving of notice under the Planning Act. Submitted by: its } Anne Taylor cott, MCIP, RPP Principal Planner, Development Review Branch The following interested parties will be notified of Committee's decision: Shaoib Sheikh Jason & Lisa Merey c1twingoll Planning Services Committee of Adjustment Date of Meeting: January 21, 2021 File Number: A2020-0058 Address: 33 Bonathon Crescent, Bowmanville Report Subject: A minor variance application to facilitate the construction of a deck by increasing the permitted projection into the rear yard from 1.5 metres to 4 metres. Recommendations: 1. That the Report for Minor Variance Application A2020-0058 be received; 2. That all written comments and verbal submissions be considered in the deliberation of this application; 3. That application A2020-0058 for a minor variance to Section 3.1 g. iv) of Zoning By-law 84-63 to facilitate the construction of a deck by increasing the permitted projection into the rear yard from 1.5 metres to 4 metres zone be tabled for a period of up to sixty (60) days to allow for further discussion with the applicant and to provide an opportunity to revise the subject application; and 4. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2021-0058 1 Application Details 1.1 Applicant/owner: Shaoib Sheikh Page 2 1.2 Proposal: Minor variances to Section 3.1 g. iv) of Zoning By-law 84-63 to facilitate the construction of a deck by increasing the permitted projection into the rear yard from 1.5 metres to 4 metres. 1.3 Area of Lot: 407 square metres 1.4 Location: 33 Bonathon Crescent, Bowmanville (see Figure 1) 1.5 Legal Description: Part Lot 17, Concession 1, Former Township of Darlington 1.6 Zoning: Urban Residential Exception (R2-58) Zone of Zoning By-law 84-63 1.7 Clarington Official Plan Designation: 1.8 Durham Region Official Plan Designation: Urban Residential Living Areas Municipality of Clarington Committee of Adjustment A2021-0058 Page 3 /��i C\I ti REG'OIVA 66 N --_ HIGAV H VI/ CY)Ln 2 7 70 N A N N 1 Y T 00 T T N N N� N N O BoNArHoN 78 r r a, C +RES�EI�T 7LO 4 T 04 C,4 f 72 6 W 8 7 • oTiV cn LCi Q ti C-0� J O 00 O N 0 leno�saor�Noa LOT: 16 Z CON:1 T ce) Ln W r W 70 0 9 55 oN.1 �' T C 68 �2 ,�,, 11 —57 56 J 66 14 � 13 W 64 16 __15 : — 1$ 'A 17 0 62 20 _19 CO60 22 p 21 58 24_ 2: _ 23 26 P 25 56 28 LA LA 27 54 _ 3-0-29 32 31 Nov,S52 — 3` 33 A� 8 3 �Z �39 59 L 63 65 67 69 71 73 75 �6 58 60 1661 62 52 64 1648 66 1595 1640 68 1632 70 72 16 74 1608 76 4 �500 Property Location Map (Bowmanville) - Area Subject To Minor Variance 33 Bonathon Cres, Bowmanville A2020-0055 i - I i Tirone 4nFard a .. w<� Figure 1 — Location Map L rY: � Ohre iario Municipality of Clarington Committee of Adjustment A2021-0058 2 Background Page 4 2.1 A minor variance is required for the partially constructed deck to increase the permitted projection into the rear yard from 1.5 metres to 4.0 metres (See Figure 2). During a site visit it was noted that a pergola is also constructed and does not meet the required 0.6 metre setback for accessory structures from both the rear and interior side property lines. (See Figure 2). 2.2 Staff recommend that the application be tabled for a period of up to sixty (60) days to allow for the necessary discussion with the applicant and to provide an opportunity to revise the subject application. 'Ilk �. Figure 2: Partially constructed Deck & Pergola 3 Land Characteristics and Surrounding Uses 3.1 The subject property is located at 33 Bonathon Crescent, at the southwest corner of Bonathon Crescent and Connors Court in Bowmanville (see Figure 1). The property has a lot area of approximately 407 square metres with an approximate lot frontage of 13 metres and an approximate depth of 26 metres. 3.2 The surrounding uses are residential in the form of single -detached dwellings. Municipality of Clarington Committee of Adjustment A2021-0058 4 Discussion Page 5 4.1 The subject property is zoned R2-58 in Zoning By-law 84-63 which requires a rear yard setback of 7.5 metres. Section 3.1 g) iv. of Zoning By-law 84-63 permits various structures such as decks and stairs to project up to 1.5 metres into the required rear yard setback, leaving a minimum of 6 metres of clear rear yard space. 4.2 The rear yard setback to the dwelling is 9.59 metres at the southwest corner of the irregular lot. The deck would extend approximately 5.7 metres from the dwelling which would project 3.6 metres into the required rear yard setback. However, due to the rough nature of the drawings and lack of a survey, staff recommend increasing the permitted yard projection from 1.5 metres to 4 metres. 4.3 At a site visit of the property on January 12, 2021 staff noticed a pergola that was not shown on the provided sketch. This pergola does not comply with the requirement for accessory structures to provide both a rear and a side yard setback of a minimum of 0.6 metres. Through discussions with the applicant, he has agreed to the tabling of the application to allow for further discussion and a revision to the minor variance application. 4.4 A neighbouring resident has provided correspondence outlining their concern about the height and width of the deck and the impact to privacy give the deck and grading. 5 Conclusion 5.1 Given the above comments, Staff recommend this application for a minor variance be tabled for a period of sixty (60) days to allow for further discussion on the nature and extent of the minor variance application. 6 Submitted by: Y Anne Taylor Scott, Principal Planner Development Review Branch The following is a list of interested parties to be notified of the Committee's decision: Shaoib Sheikh Jason & Lisa Merey