Loading...
HomeMy WebLinkAboutAll Comments A2020-0058 33 Bonathon Crescent 03-25-21Clarbgton Planning and Development Services Committee of Adjustment Addendum Report 2 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: March 25, 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 4 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 2 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 minor variances to Section 3.1.g. iv), 3.1.c. and 3.1.g.iii) 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 3.6 metres, as revised; 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 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 eaves of the pergola be altered within 60 days to permit a maximum overhang projection of 0.15 metres; and 5. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment Page 2 A2020-0058 1. Background 1.1 Application A2020-0058 was heard at the Committee of Adjustment meeting on February 18, 2021. Staff recommended tabling the application to allow for proper notice under the Planning Act as there was an error on the public notice. While staff and agency comments did not appear to be impacted, Staff recommended that further notice be provided to accurately reflect the extent of the deck projection for the benefit of circulated residents. 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 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." 1.2 The application was first tabled at the January 22, 2021 Committee of Adjustment meeting 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 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 worked with the applicant on incorporating the deficiencies related to the pergola into the Minor Variance application (See Figure 1). i Figure 1: View of the Pergola in the Rear Yard Municipality of Clarington Committee of Adjustment A2020-0058 Page 3 1.3 Upon further review of the application and detailed calculations completed following a subsequent site visit, Staff recommend that the deck projection be reduced to 3.6 metres rather than 4 metres. In Staff's opinion, no further notice is required as this is a reduction to the extent of the variance and more closely reflects the extent of the deck. The applicant is in agreement and this revision is reflected in Staff's recommendation. 2. Discussion Conformitv with the intent and purpose of the Reaional and Clarinaton Official Plans 2.1 Both the Regional and Clarington Official Plans permit the residential use of the property. A deck and pergola are 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 bV-law 2.3 The subject property is zoned Urban Residential Exception (R2-58) which permits the residential use and accessory structures. 2.4 The intent and purpose of allowing but limiting deck projections is to ensure that there is sufficient lawn area for the residential use and to provide adequate separation between the rear lot line and the deck and buffering between neighbouring properties. The subject property is zoned R2-58, which has a minimum rear yard setback of 7.5 and allows decks to project into this setback up to 1.5 metres resulting in a setback of 6 metres between the rear lot line and the closest part of the deck. 2.5 The proposed deck is partially constructed (See Figure 2) and at the most restrictive point, projects 3.4 metres into the required rear yard setback on the west side (See Figure 3). The proposed deck remains at a similar height as the previous deck and is accessed from the main floor of the dwelling. The greatest extent of the deck projection occurs at the southwest corner of the deck relative to the rear property line given the irregular configuration of the property. The property will continue to provide sufficient outdoor amenity space including sufficient soft landscaping area in the rear yard as well as separation between the dwelling and the rear yard amenity space of abutting properties. 2.6 The intent and purpose of accessory structure setback provisions are 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 structure and to accommodate positive drainage around the property. The proposal is to reduce the rear and side yard setbacks from 0.6 metres to 0.3 metres and allow for a reduction in the overhang from 0.3 metres to 0.15 metres (See Figure 3). The pergola is an open-air Municipality of Clarington Committee of Adjustment A2020-0058 Page 4 structure with a slat roof and requires little maintenance. In addition, the pergola assists in providing a visual barrier to the property to the south at 55 Bonathon Crescent (See Figure 2). Clarington's Public Works — Infrastructure Division have not identified concerns with grading or drainage. Figure 2: Pergola and partially constructed Deck Municipality of Clarington Committee of Adjustment A2020-0058 Bonathon Crescent W 0 r+ 0 n r� N A fD r-F Figure 3: Plot Plan showing location of accessory structures (not to scale) Page 5 2.7 The intent and purpose of limiting the projection of eaves for accessory structures in the Zoning By-law is to ensure that there is some spatial separation between the eaves and neighbouring parcels and to limit stormwater runoff onto adjacent parcels. Through site visit observations, it appears the overhang of the pergola may encroach onto the property to the south, 55 Bonathon Crescent. The applicant has been advised that the structure must be altered so as to not encroach on the adjacent property. In fact, Staff recommend reducing the maximum projection into the rear yard for the overhang from 0.3 metres to 0.15 metres to provide for some spatial separation. Desirable for the appropriate development or use of the land, building or structure 2.8 Residential use of the property is permitted, and the proposed deck and pergola is accessory to that residential use. 2.9 The proposed deck and pergola will function as amenity space for the homeowner. The proposal for the construction of the deck and pergola will not significantly reduce the landscaped open space on the property or negatively affect drainage. The pergola will Municipality of Clarington Committee of Adjustment Page 6 A2020-0058 allow for a partially shaded area for the homeowner's enjoyment. The subject property is an exterior lot and is one of the larger lots in the surrounding neighbourhood. Due to the size of the parcel, an appropriate balance between hard and soft landscaping remains. 2.10 A neighbouring resident has provided correspondence outlining their concern about the height and size of the deck and the impact on personal privacy. Staff find that the pergola provides some screening between the subject property and neighbouring property. In addition, the owner has indicated that the deck is replacing a previous deck that was constructed at a similar height. Staff have confirmed there was a previous deck on the siting plan that was approved prior to the construction of the dwelling. The previous deck was considerably smaller than the proposed deck. 2.11 For the above stated reasons, it is staff's opinion that the requested variances are desirable for the residential use of land and building. Minor in Nature 2.12 The deck and pergola form part of the overall rear yard amenity space. The variance for the deck projection can be considered minor in nature given the irregular configuration of the lot. An adequate amount of landscaped open space is retained in the rear yard and the deck complies with all other yard provisions in the Residential (R2-58) Zone, including maintaining a minimum of 30% of landscaped open space on the property. There is also adequate separation between the deck and neighbouring properties. There will be a distance of at least 4.1 metres between the deck and the property line, and the pergola is located between the deck and the property limit. 2.13 The pergola offers some screening from the deck to the adjacent property to the south. 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.g. iv), 3.1.c. and 3.1.g.iii) 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 3.6 metres, as revised; 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) subject to the following condition: Municipality of Clarington Committee of Adjustment A2020-0058 Page 7 That the eaves of the pergola be altered within 60 days to permit a maximum overhang projection of 0.15 metres. Submitted by: ; Y Anne Taylor Scott, MCIP, RPP Principal Planner, Development Review Branch The following interested parties will be notified of Committee's decision: Shaoib Sheikh Jason & Lisa Merey