HomeMy WebLinkAboutMerged Comments A2020-0051 11 Church St 02-18-21Clarftwn
Planning and Development Services
Committee of Adjustment
Addendum Report 2 to the December 10, 2020
A2020-0051 Addendum Report
Date of Meeting: February 18, 2021
File Number: A2020-0051
Address: 11 Church Street, Bowmanville
Report Subject: A minor variance application to reduce the front yard setback from the
required 4.5 metres to 4.1 metres to the dwelling.
Recommendations:
1. That the Report for Application A2020- 0051 be lifted from the table;
2. That the Addendum Report for Minor Variance Application A2020-0051 be
received;
3. That all written comments and verbal submissions were considered in the
deliberation of this application;
4. That a copy of this report be forwarded to Municipal By-law Enforcement for
follow up and enforcement.
5. That application A2020-0051 for a minor variance to Section 12.2.d.i) of
Zoning By-law 84-63 to reduce the front yard setback from the minimum
required 4.5 metres to 4.1 metres to the dwelling 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; subject to the following
condition:
i. That the parking space via Lambert Street comply with Sections 3.16.c.i
and 3.16.g of Zoning By-law 84-83 within 90 days of the approval of a
minor variance application; and
6. That all interested parties listed in this report be forwarded a copy of
Committee's decision.
Municipality of Clarington
Committee of Adjustment A2020-0051
1. Background
Page 2
1.1 Application A2020-0051 was heard at the Committee of Adjustment meeting on
November 12, 2020. The applicant was given additional time to comply with
Infrastructure Division of the Public Works Department's requirements for an
Entrance Permit and the Committee approved the following motion:
"That application A2020-0051 for a minor variance to Section 12.2 d.i) of
Zoning By-law 84-63 to reduce the front yard setback from the minimum
required 4.5 metres to 4.1 metres to the dwelling be tabled for a period of up
to thirty (30) days, to allow the applicant more time to meet the Entrance
Permit requirements of the Infrastructure Division of the Public Works
Department"
1.2 On December 10, 2020, the application was tabled for a second time. The
applicant had removed a portion of the fence to provide a second outdoor parking
space off Lambert Street. Staff had been on site to inspect the fence and it did
not meet the sightline requirements for an Entrance Permit.
1.3 On January 21, 2021 Planning Staff received confirmation that the Public Works
Department had worked with the applicant to make adjustments to the fence to
comply with the requirements for sightlines. The fence has been inspected and
Planning Staff have received confirmation that it now complies with the Fence By-
law (See Figure 1) and that the Entrance Permit file is now closed.
1.4 Planning Staff completed a site visit on February 16, 2021 which included
measuring the width of the parking space off Lambert Street. The parking space
measured 2.1 metres in width, which is less than the required 2.75 metres per
Section 3.16.6 of the Zoning By-law. The parking space is also required to comply
with Section 3.16.g which states that driveways connecting the parking space or
area with a street shall be maintained with a stable surface which is treated so as
to prevent the raising of dust and capable of permitting access under all climatic
conditions. The applicant must ensure this second parking space complies with the
requirements of the Zoning By-law. Failing that, Planning Staff would recommend
that the matter be referred to Municipal Law Enforcement Division for follow up and
enforcement.
Municipality of Clarington
Committee of Adjustment A2020-0051
Figure 1: Proposed Driveway off Lambert Street
2. Discussion
Page 3
Conformity with the intent and purpose of the Regional and Clarington Official Plans
2.1 The subject property is zoned "Living Areas" in the Regional Official Plan and
"Urban Centre" in the Clarington Official Plan. Both the Regional and Clarington
Official Plans permit the residential use of the property.
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 Residential Type One (R1) in Zoning By-law 84-63.
The minimum required front yard setback is 4.5 metres to a dwelling. The intent
of the Zoning By-law requirement for minimum front yard setbacks is to ensure
that there is sufficient separation between the public realm along the street
including sidewalks and the dwelling by establishing appropriate yard space, and
to establish a consistent character and built form in the neighbourhood. In
addition, these setbacks are required to ensure that dwellings do not dominate
the streetscape by being located too close to the street.
Municipality of Clarington
Committee of Adjustment A2020-0051 Page 4
2.4 The 0.4 metre reduction to the front yard setback to 4.1 metres will maintain
sufficient separation between the private and public realm. The applicant has
also installed a fence that assists in separating the public and private realm (See
Figure 2). Overall, the size of the detached dwelling does not overwhelm the
property or the public realm.
Figure 2: 11 Church Street Front Yard
2.5 For the above stated reasons, it is Staff's opinion that the proposal maintains the
intent and purpose of the Zoning By-law.
Desirable for the appropriate development or use of the land, building or structure
2.6 The appropriate use of the land is residential. The requested variance will allow
for the continued use of the existing detached dwelling and for the continued use
of the additional living space within the dwelling that resulted in the decreased
front yard setback (See Attachment 1).
2.7 For the above stated reason, it is Staff's opinion that the minor variance
requested is desirable for the residential use of the land and building.
Minor in Nature
2.8 The subject minor variance conforms to both Official Plans and maintains the
intent of the regulations for residential uses in the Zoning By-law. The decrease
to the minimum required front yard setback is not a significant deviation from the
Zoning By-law regulation and can be considered minor in nature. The decreased
setback for the existing detached dwelling will have little impact on the public
realm.
2.9 For the above stated reason, it is Staff's opinion that the application is minor in
nature.
Municipality of Clarington
Committee of Adjustment A2020-0051
I Conclusion
Page 5
3.1 Based on Staff's review, the application conforms to the intent and purpose of the
Regional and Municipal Official Plans and the Zoning By-law, is desirable for the
appropriate development or use of land and is deemed to be minor in nature.
3.2 While the subject minor variance relates specifically to the setback deficiency,
Planning Staff were withholding the recommendation until the second parking
space was reinstated appropriately. There has been significant dialogue between
various staff departments and the applicant. It is Planning Staff's opinion that this
conditional decision will allow the setback variance to advance (to recognize the
deficiency with the existing dwelling) and will impose a specific timeframe to
remedy the parking space. Failing action, this matter becomes a by-law
enforcement matter versus a matter that remains under the purview of the
Committee of Adjustment. Should the matter not be remedied within the specified
timeframe, the parking matter will be referred to the By-law Enforcement Division,
and the dwelling setback will become non -conforming to the Zoning By-law. It is in
the Applicant's best interest to reinstate the parking space accordingly.
3.3 Given the comments above, Staff recommends approving this application for
minor variance to Section 12.2.d.i) of Zoning By-law 84-63 to reduce the front yard
setback from the minimum required 4.5 metres to 4.1 metres with the following
condition:
That the parking space off Lambert Street comply with Sections 3.16.c.i and
3.16.g of Zoning By-law 84-83 within 90 days of the approval of a minor
variance application
Submitted by: ~4
Anne Taylor Scott, Principal Planner
Development Review Branch
The following interested parties will be notified of Committee's decision:
Alan Johanson
c1twingoll
Planning Services
Committee of Adjustment
Addendum Report to the November 12
A2020-0051 Comments
Date of Meeting: December 10, 2020
File Number: A2020-0051
Address: 11 Church Street, Bowmanville
Report Subject: A minor variance application to reduce the front yard
setback from the required 4.5 metres to 4.1 metres to the
dwelling.
Recommendations:
1. That the Report for Application A2020-0051 be lifted from the table;
2. That the Addendum Report for Minor Variance Application A2020-0051 be
received;
3. That all written comments and verbal submissions were considered in the
deliberation of this application;
4. That application A2020-0051 for a minor variance to Section 12.2 d. i) of Zoning
By-law 84-63 to reduce the front yard setback from the minimum required 4.5
metres to 4.1 metres to the dwelling be tabled for a period of up to sixty (60)
days, to allow the applicant more time to satisfy municipal requirements relating
to the reinstatement of a second parking space; and
5. That all interested parties listed in this report be forwarded a copy of Committee's
decision.
Municipality of Clarington
Committee of Adjustment A2020-0051
1 Background
Page 2
1.1 Application A2020-0051 was heard at the Committee of Adjustment meeting on
November 12, 2020. The applicant was given additional time to comply with
Infrastructure Division of the Public Works Department's requirements for an
Entrance Permit and the Committee approved the following motion:
"That application A2020-0051 for a minor variance to Section 12.2 d. i) of
Zoning By-law 84-63 to reduce the front yard setback from the minimum
required 4.5 metres to 4.1 metres to the dwelling be tabled for a period of up
to thirty (30) days, to allow the applicant more time to meet the Entrance
Permit requirements of the Infrastructure Division of the Public Works
Department"
1.2 Since the last meeting, the applicant has removed a portion of the fence to
provide a second outdoor parking space off Lambert Street (See Figure 1). Staff
have been on site to inspect the fence and it does not meet the sightline
requirements for an Entrance Permit. The owner must obtain an Entrance Permit
which requires the applicant to meet the fence requirements.
Figure 1: Proposed Driveway off Lambert Street
1.3 Staff are coordinating with various internal departments to ensure all municipal
aspects are addressed prior to resolving the setback compliance through the minor
variance. Staff need to ensure the second parking space has been re-established
in order to recommend approval of the variance for the setback.
2 Conclusion
2.1 Given the above comments, Staff recommends this application for a minor
variance be tabled for a period of up to sixty (60) days, to allow the applicant
Municipality of Clarington
Committee of Adjustment A2020-0051
Page 3
more time to meet the municipal requirements relating to the reinstatement of a
second parking space.
Submitted by:
Anne Taylo Scott, Principal Planner,
Development Review Branch
The following is a list of interested parties to be notified of the Committee's decision:
Alan Johansen
c1twingwn
Planning Services
Committee of Adjustment
Date of Meeting: November 12, 2020
File Number: A2020-0051
Address: 11 Church Street, Bowmanville
Report Subject: A minor variance application to reduce the front yard
setback from the required 4.5 metres to 4.1 metres to the
dwelling.
Recommendations:
1. That the Report for Minor Variance Application A2020-0051 be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application A2020-0051 for a minor variance to Section 12.2 d. i) of Zoning
By-law 84-63 to reduce the front yard setback from the minimum required 4.5
metres to 4.1 metres to the dwelling be tabled for a period of up to thirty (30)
days, to allow the applicant more time to meet the Entrance Permit requirements
of the Infrastructure Division of the Public Works Department; and
4 That all interested parties listed in this report be forwarded a copy of Committee's
decision.
Municipality of Clarington
Committee of Adjustment A2020-0051
Page 2
1 Application Details
1.1 Owner/Applicant: Alan Johansen
1.2 Proposal: Minor variance to Section 12.2 d. i) of Zoning By-law 84-63 to
reduce the front yard setback from the minimum required 4.5
metres to 4.1 metres to the dwelling.
1.3 Area of Lot: 1,012 square metres
1.4 Location: 11 Church Street (see Figure 1)
1.5 Legal Description: Part Lot 10, Concession 1, 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 Centre
1.8 Durham Region
Official Plan
Designation: Living Areas
1.9 Heritage Status: None
Municipality of Clarington
Committee of Adjustment A2020-0051
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Property Location Map
(Bowmanvitle)
- Area Subject To Minor Variance
11 Church Street, 6owmanville
A2020-005 r
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Figure 1 — Location Map
Municipality of Clarington
Committee of Adjustment A2020-0051
2 Background
2.1 A By-law complaint was received regarding the removal of parking for the
detached dwelling at 11 Church Street in Bowmanville.
Page 4
2.2 Upon review of the property, it was noted that the front yard setback was also not
in compliance with the Zoning By-law.
2.3 A Building Permit to change the use of the garage to living space and to expand
a portion of the dwelling by 1.2 metres in the front yard was submitted and
approved in April 2019. Based on misinformation at the time of permit issuance
the front yard setback did not comply with the Zoning By-law.
2.4 The site plan submitted with the 2019 Building Permit showed a proposed
driveway with tandem parking for two parking spaces accessed via Lambert
Street. Subsequently, the property owner wishes to deviate from the original
plan for two spaces off Lambert Street and proceed with one space on the
Church Street frontage (recently reinstated), and one outdoor parking space
accessed via Lambert Street. The owner is working with the Infrastructure
Division of the Public Works Department to meet the requirements for an
Entrance Permit from Lambert Street for the second outdoor parking space. At
the time of writing this report, the second parking space has not been installed.
3 Land Characteristics and Surrounding Uses
3.1 The subject property is located at 11 Church Street in Bowmanville, at the
southeast corner of Church and Lambert Streets (see Figure 1). The property is a
corner lot and approximately 1,012 square metres in size. The property has a lot
frontage of approximately 20 metres on Church Street and 50 metres on Lambert
Street with an approximate depth of 50 metres.
3.2 The surrounding uses to the north include a public elementary school, to the east
is residential and to the south and west are commercial plazas.
4 Discussion
4.1 The owner is required to provide two outdoor parking spaces for the detached
dwelling. As this is before Municipal By-law Enforcement, the parking deficiency
must be corrected to ensure conformity to the Zoning By-law otherwise, this
application is premature. There are visibility concerns with the existing fence along
Lambert Street. The owner is working with the Infrastructure Division of the Public
Works Department to resolve this concern prior to obtaining an Entrance Permit.
Municipality of Clarington
Committee of Adjustment A2020-0051
5 Conclusion
Page 5
5.1 Given the above comments, Staff recommends this application for a minor
variance be tabled for a period of up to thirty (30) days to allow the owner more
time to comply with the requirements for the Entrance Permit.
Submitted by:
Anne Taylo'r Scott, Principal Planner,
Development Review Branch
The following is a list of interested parties to be notified of the Committee's decision:
Alan Johansen