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HomeMy WebLinkAboutComments A2021-0005 - 4962 Main StreetClarftwn Planning and Development Services Committee of Adjustment If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: April 15, 2021 File Number: A2021-0005 Address: 4962 Main Street, Orono Report Subject: A minor variance application to permit an accessory building in the front yard with a minimum front yard setback of 4.5 metres. Recommendations: 1. That the Report for Minor Variance A2021-0005 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2021-0005 for a minor variance to permit an accessory building in the front yard with a minimum front yard setback of 4.5 metres, 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 Page 2 A2021-0005 1. Application Details 1.1 Owner/Applicant: William Stroud 1.2 Proposal: To permit an accessory building in the front yard with a minimum front yard setback of 4.5 metres. 1.3 Area of Lot: 1,942.6 square metres (0.19 ha) 1.4 Location: 4962 Main Street, Orono (Figure 1) 1.5 Legal Description: Part Lot 29, Concession 4, former Township of Clarke 1.6 Zoning: "Urban Residential Exception (R1-2)" 1.7 Clarington Official Plan Designation: Urban Residential 1.8 Durham Region Official Plan Designation: Living Areas 1.9 Heritage Status: None Municipality of Clarington Committee of Adjustment A2021-0005 5071 25 40 39 DUCNE0S�S$TR:IT 5061 a DUCHESS STR25A EETT UJ 1 7 32 G M 5050 5045 18 s 17 *� LOT: 29 5039 14 �! 13 LOT : za 16 0 15 i CON:S 5028 5031 0 9 CONS Cw 12 a? 9 14 5026 5023 8 7 8 - o M o m o col � 1 co 5015 s N N N CM 3 M Ln V 3 c u� u� LO 5006 5005 2 co 'm Co - _ SOMM L 3490 SOMMERVILLE DRIVE I rn M ` r Ln CD 4990 _ 997 o L0 N y c'J 34�8 F-� 981 L M �� �� M 'ch c� M_J1 i 484 8 3— 72 34 7 S_ Z 20 I� 1g LOT:29 CON: 4 RAMP 4838 l 4800 Property Location Map (Orono) - Area Subject To Minor Variance 4962 Main Street, Orono A2021-0005 LOW" 4 CONr44f 3510 02 4f V � Aq Lnke putnrin Figure 1 - Property Location Map Page 3 Municipality of Clarington Committee of Adjustment A2021-0005 2. Background Page 4 2.1 In February of 2021, the applicant came forward with a proposal for a detached accessory building to be used as a personal home gym. The detached accessory building was initially proposed at the northeast corner from the existing dwelling, where the grade is significantly lower than the northern portion of the property. 2.2 In consultation with Durham Regional Health, the applicant was advised to revise their proposal as it was determined that the proposed building was proposed to be located nearby the existing septic system. 2.3 In March of 2021, the applicant came forward with a revised proposal for the detached accessory building. The location of the building is proposed on a portion of the property that is elevated from the existing dwelling and farther from the existing septic system. 2.4 On March 29t" the applicant consulted with Staff and submitted the revised plan and application to permit an accessory building in the front yard with a minimum front yard setback of 4.5 metres. The revised proposal is also for a smaller building that complies with maximum floor area and maximum height permitted for accessory structures. At the time of submission, the applicant also consulted with Clarington's Public Works Staff about creating a driveway entrance to the accessory building in the future, should the applicant wish to provide vehicle access to the accessory building. Further discussion is provided in Section 5.1 of this report. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 4962 Main Street, on the west side of Main Street, south of Sommerville Drive and north of Mill Pond Road, in the south-west portion of Orono. The property is an interior lot with significant frontage on Main Street (Figure 2). Existing on the property is a detached dwelling on the southern end, and forested areas on the west and northern portions of the property where the grade significantly increases. 3.2 The surrounding properties are used for residential purposes, also containing single detached dwellings and zoned "R1-2". Across the subject property on the east side of Main Street are lands zoned "Environmental Protection", comprised of vegetated lands that are heavily forested which buffers Orono Creek further east. Municipality of Clarington Committee of Adjustment A2021-0005 !. Page 5 - �'r° Approximate 4.5 metre setback 4962 1956 r ��r7l�r w T �. _ i•� Figure 2 — Close-up aerial of the property and proposed accessory building location 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 (Figure 3). In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 4.2 Staff received one phone call from the southern neighbouring property expressing support of the application. Municipality of Clarington Committee of Adjustment A2021-0005 Page 6 Figure 3 — Existing single detached dwelling and Notice of Hearing posted on the property 5. Departmental Comments 5.1 The Infrastructure Division of Public Works has no concerns with this application. Further comments will be provided at building permit stage where a grading plan will need to be submitted for review. If the applicant wishes to construct an additional entrance off Main Street to access this proposed accessory building, they must apply through the Region of Durham as Main Street falls under the Region's jurisdiction. 5.2 The Building Division of Planning and Development Services will require a building permit for the accessory building. No other comments were received from the Building Division. 5.3 The Clarington Emergency and Fire Services Department had no fire safety concerns found on submitted drawings. Municipality of Clarington Committee of Adjustment A2021-0005 6. Agency Comments Page 7 6.1 The Region of Durham Health Department does not have an objection to the proposal. 7. Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 7.1 The subject property is designated as "Living Areas" in the Regional Official Plan and "Urban Residential" in the Clarington Official Plan, which support residential uses and associated uses. 7.2 It is Staff's opinion that the application conforms to the intent and purpose of both Official Plans. Conformity with the intent and purpose of the Zoning by-law 7.3 The subject property is zoned "Urban Residential Exception (R1-2)" in Zoning By-law 84-63 which permits the residential use and accessory buildings such as the detached garage. Section 3.1 c. of the Zoning By-law provides regulations for the accessory building. 7.4 The accessory building is 3.96 metres in height and has a total floor area of 47 square metres, which equates to 2.5% of the total lot coverage. The accessory building complies with the regulations in Section 3.1 c. with the exception that accessory buildings are not permitted within the front yard. 7.5 The intent of prohibiting accessory buildings within the front yard is to ensure the primary dwelling on the property maintains the residential character as observed from the street. The residence should appear to be the dominant and principle use of the property and accessory buildings should have minimal impacts towards neighbouring properties. 7.6 As a result of the configuration of the subject lands, the primary dwelling occupies approximately one-third of the street frontage along Main Street. While the accessory building will be closer to the street than the dwelling, it will not dominate the streetscape or impact the street presence of the principle dwelling. The proposed location of the accessory dwelling is approximately 15.5 metres from the dwelling and the proposed location of the accessory building is within a treed area that will provide additional screening. 7.7 For the above reasons, it is in Staff's opinion that the proposal maintains the intent and purpose of the Zoning By-law. Municipality of Clarington Committee of Adjustment A2021-0005 Page 8 Desirable for the appropriate development or use of the land, building or structure 7.8 The proposed location for the accessory building is suitable based on the existing site conditions on the property. The proposed location is flat and is accessible from the main dwelling via an uphill staircase. Surrounding the proposed accessory building location are trees and shrubs. This proposed location ensures that the existing vegetation on the property remains unharmed and is distant from the septic location. 7.9 The accessory building will be maintained as a residential accessory use on the property, as the applicant proposes the building be used as a personal home gym. A home occupation is not permitted in the accessory structure as per the regulations in Section 3.1 c. of the Zoning By-law. Therefore, the building must be solely kept for the homeowners' personal use. Additionally, the applicant is not requesting street access to the accessory building at this time, which also alleviates any impacts (visual, traffic, etc.; along Main Street. 7.10 The proposed location is currently used as an amenity space for the residents. At the time of sign checks, a tent was situated at the proposed location on the property (Figure 5). The accessory building will utilize the existing amenity space on the property, allowing the resident to create a permanent and enclosed recreation and leisure space that supports the personal fitness goals of the homeowner. While the accessory building is proposed for a home gym, the exterior design of a garage ensures compatibility with the surrounding residential uses (Figure 4). PREFINISH METAL - FASCIA 4 SOFFIT SIDING TO Sfi'EGS. �X X X.X1_ ZON LLLv410N Figure 4 — Elevation of proposed garage gym Municipality of Clarington Committee of Adjustment Page 9 A2021-0005 7.11 The tent which exists in the proposed accessory building location will be removed and replaced with the proposed accessory building at the time of construction. There is an existing smaller shed, red in colour, that will remain in its location closer to the dwelling. The shed is approximately 4.07 square metres in total floor area. In total, the existing shed and proposed accessory building will be 51.07 square metres which complies with the regulations in Section 3.1 c. of the Zoning By-law. Figure 5 — Proposed accessory building location fronting Main Street 7.12 For the reasons above, it is in Staff opinion that the minor variance requested is desirable for the residential use of land and building. Minor in Nature 7.13 The proposed building conforms to both the Regional Official Plans and maintains the intent of the regulations for accessory buildings in the Zoning By-law. To permit the accessory building within the front yard does not impact the streetscape or the existing vegetation on the property and utilizes existing amenity space for the homeowner while maintaining a compatible residential building design. Municipality of Clarington Committee of Adjustment A2021-0005 Page 10 7.14 In all other aspects the proposed accessory structure will comply to the Zoning By-law regulations for accessory structures. 7.15 The proposed minor variance can be considered minor in nature. 8. Conclusion 8.1 Based on Staff's review of the proposal, the application conforms to the intent and purpose of the Regional and Clarington Official Plan, the Zoning By-law, is desirable for the appropriate development or use of land and is deemed to be minor in nature. 8.2 Given the above comments, Staff recommends that the Committee approve this application for minor variance to Section 3.1 c. of Zoning By-law 84-63 to permit the accessory building within the front yard with a front yard setback of 4.5 metres. Submitted by:'!(T"i Anne Taylor Scott, Principal Planner Development Review Branch Staff Contact: Aibelle Babista Interested Parties: The following interested parties will be notified of Committee's decision: William Stroud