Loading...
HomeMy WebLinkAboutA2021-0011 1387 Solina Rd Comments 05-13Clarftwn 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: May 13, 2021 File Number: A2021-0011 Address: 1387 Solina Road, Darlington Report Subject: A minor variance application to permit a proposed detached garage by increasing the permitted total accessory floor area from the required 120 square metres to 260 square metres and the permitted height of accessory buildinas from the reauired 4.5 metres to 6.3 metres Recommendations: 1. That the Report for Minor Variance Application A2021-0011 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2021-0011 for a minor variance to Section 3.1 c. of Zoning By-law 84-63 to permit a proposed detached garage by increasing the permitted total accessory floor area from the required 120 square metres to 260 square metres and the permitted height of accessory buildings from the required 4.5 metres to 6.3 metres, be denied as it is not minor in nature, not desirable for the appropriate development or use of the land and does not maintain 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 A2021-0011 1. Application Details Page 2 1.1 Owner/Applicant: Greg Norman 1.2 Proposal Minor variance to Section 3.1 c. of Zoning By-law 84-63 to permit a proposed detached garage by increasing the permitted total accessory floor area from the required 120 square metres to 260 square metres and the permitted height of accessory buildings from the required 4.5 metres to 6.3 metres 1.3 Area of Lot 1.4 Location: 1.5 Legal Description 1.6 Zoning: 1.7 Clarington Official Plan Designation: 1.8 Durham Region Official Plan Designation: 1.9 Heritage Status 4.04 ha 1387 Solina Road (see Figure 1) Part Lot 24, Concession 1, Former Township of Darlington Agricultural (A) Zone of Zoning By-law 84-63 Environmental Protection & Rural Major Open Spaces Areas None Municipality of Clarington Committee of Adiustment A2021-0011 Paae 3 1355 • 1480 O 1299 r 1255 00 O LOT: 26 LOB : 25 1400 a LOT: 24 LOT: 23 CON: 1 CON: 1 CON: 1 CON: 1 1211 1164 1156 1103 m C2 010 rn BASELINE -ROAD LOT: 26 LOT: 25 ti LOT: 24 Q' r LOT: 23 CON: BF CON: BF 61 CON: BF °i co rn cw CON: BF o �-`--�`eHdawa---------- Property Location Map ! E __ - i (Darlington) arc ,llaa Ha� «Nab KI•dy Nmdal 5ollna IV I I Hampton ! - Area Subject To Minor Variance i ee�ar �e Mrooa i 1387 Solina Road, Darlington ` � Newcastle i A2021-0011 La ke Orttaria Figure 1 — Location Map Municipality of Clarington Committee of Adjustment A2021-0011 2. Background Page 4 2.1 Since late March 2021, the applicant has been pursuing the development of a detached accessory building on the subject lands (Figures 2 and 3). 2.2 The applicant, through discussions with the Central Lake Ontario Conservation Authority (CLOCA) and Clarington's Building Division, was notified that their proposal exceeded the Zoning By-law regulations relating to maximum floor area of 120 square metres and maximum permitted height of 4.5 metres. 2.3 On April 5, 2021, the applicant's agent, Wenda Rodd, emailed an application for Minor Variance seeking relief from the zoning by-law requirements. Following the submission of the application, Planning Staff was in contact with the agent and owner on a number of occasions, including one virtual meeting, and during the discussions identified staff's concerns with the proposed height and floor area of the garage. Staff recommended that be revised to either conform or be in closer conformity with the Zoning By-law regulations. 2.4 Planning Staff provided the applicant an overview of the intent and purpose of the regulations and provided background and history of other similar applications. �s 1:5 .DECK 1 n 2 STOWY SMCK r�` aM�7,t71.e AVWALr Mdwa7� t''w PORCH y "y-TU AEG 6J.5s � says �oEMRrCKw+�r r.�. RRfClS }• • GARAGE Figure 2 — Proposed Site & Grading Plan Municipality of Clarington Committee of Adjustment A2021-0011 Page 5 4 i REAR ELEVATION 1 4 _MW[ 'JIIIMGIL]� . BRI0.9C1�IlP. LQIRSC fI1'P.I ILF— - 1dlIlID NHC. NNiN1O1f"--_-_--------�-___..______________] NOW ....... .... %I.....I...�IIII,,...... _ %II.II ,II.... .II,II. HE IM MIHXIINI4 - Ill I NMI— M L■i I�i� FRONT 0"OMGN I WGMT Soe MATON Figure 3 — Building elevations of proposed detached garage K' WAI, CUD I'%1!E bWR7 IRRIIMI -TACG SIOiJ[ OM, MIC STi 4 ..-SIGl1C NiY w wd Municipality of Clarington Committee of Adjustment A2021-0011 Page 6 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 1387 Solina Road, east of Solina Road and Highway 418, south of Bloor Street and north of Baseline Road. The property is approximately 4 hectares with an approximate frontage of 100 metres and depth of 404 metres. 3.2 A single detached dwelling with an attached four -car garage is located on the subject lands. The submitted application identified accessory buildings and structures located in the side and rear yards of the property include a swimming pool and pool shed (18.5 square metres) in the rear yard, and a shed (18.5 square metres) which appears to be a one -car detached garage in the side yard. However, upon the site visit and through aerial photograph interpretation Planning Staff provide a more accurate overview of existing buildings in Figure 6 and in Section 7.5 of this report. 3.3 The surrounding uses to the north, south and east of the subject property are agricultural with existing residential dwellings, including areas that are forested (Figure 4). .. •�rlt s Aht �- r 1355 'tin ,�Co l s IN, Ar Figure 4 — Aerial view of surrounding land uses within 60 metres of the subject property Municipality of Clarington Committee of Adjustment A2021-0011 Page 7 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 6). In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 4.2 Staff did not receive any enquiries about this application. Figure 5 — Notice of Hearing posted at 1387 Solina Road 5. Departmental Comments 5.1 The Infrastructure Division of Public Works has no concerns with this application provided the grading/drainage pattern within the lot is not altered. 5.2 The Building Division of Planning and Development Services has no objections to the application. 5.3 Clarington Emergency and Fire Services Department has no fire safety concerns with this application. 5.4 The Special Projects branch of Planning & Development Services do not have any comments or concerns with the application. Municipality of Clarington Committee of Adjustment A2021-0011 6. Agency Comments Page 8 6.1 The Central Lake Ontario Conservation Authority (CLOCA) states that the western portion of the property, where there proposed detached garage is located, is regulated. A permit is required from CLOCA and will be required prior to any development activity occurring within this area. A tributary of the Darlington Creek flows through the south west corner of the property. The driveway entrance is not impacted by the floodplain of Darlington Creek. A wetland is mapped adjacent to the property. The accessory building is proposed beyond 30 metres from the wetland. It is CLOCA Staffs opinion that the location of the proposed garage will not have negative impacts to the adjacent wetland communities. The eastern half to the property as well as the southwest corner of the property are within CLOCA's Natural Heritage System (NHS). Based on available mapping, it is CLOCA's opinion that the accessory building is proposed to be located a sufficient distance beyond the dripline of the vegetated area of the NHS. Based on the above, it is CLOCA Staffs opinion that the location of the proposed garage will not impact the adjacent natural heritage features on the property. CLOCA would have no objections to the approval of the minor variance application. 7. Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 7.1 The subject property is designated Major Open Space Areas in the Durham Region Official Plan. Major Open Space Areas include key natural heritage and hydrologic features, and prime agricultural lands. These areas are intended for conservation and agricultural uses. 7.2 Within the Clarington Official Plan, the subject property is largely designated Environmental Protection and a small portion is designated Rural. The existing dwelling, accessory buildings and the proposed accessory building are within the Environmental Protection lands. Environmental Protection lands are to be preserved and protected. Permitted development on these lands include uses related to forest and wildlife management, agriculture and related uses, as well as low -intensity recreation. According to Section 23.9 of the Official Plan, single detached dwellings in Environmental Protection Areas are permitted, provided that the proposal demonstrates minimal impact to the Natural Heritage System. CLOCA's comments confirm they have no objection to the minor variance. 7.3 The Regional and Clarington Official Plan permits the continued residential use of the property and accessory buildings are permitted. Conformity with the intent and purpose of the Zoning by-law 7.4 The subject property is with the "Agricultural (A) Zone" in Zoning By-law 84-63. Residential uses follow those regulations in the "Residential Hamlet (RH) Zone", which Municipality of Clarington Committee of Adjustment A2021-0011 Page 9 permit one single detached dwelling. Where a single detached dwelling is permitted, accessory structures to the principal building are also permitted, and would follow the General Provisions for Accessory Buildings, Structures and Uses in Section 3.1 of Zoning By-law 84-63. 7.5 Accessory buildings for Agriculturally zoned properties greater than 2 hectares, may have a maximum total floor area 120 square metres, or 10% of the lot area, whichever is more restrictive. The proposed detached garage has a lot coverage of 0.55 percent and has a floor area of 223 square metres. While the lot coverage is complied with, this structure alone almost doubles the maximum permitted total accessory floor area. In addition, there are three other accessory buildings on the property which also contribute to the total accessory floor area (Figure 6). Based on aerial imagery calculations, the total floor area for the existing accessory buildings on the property is approximately 67.8 square metres, which leaves 52.2 square metres in allowable floor area for future accessory buildings. The third accessory building in the north-east area of the property was not captured in the site plan submitted with the minor variance application. Figure 6 — Existing accessory buildings and structures with approximate floor areas 7.6 The maximum floor area regulation creates a standardized floor area that is realistic for Agricultural parcels and large enough to accommodate personal effects accessory to the residential use that may exist on the property. The maximum floor area also limits Municipality of Clarington Committee of Adiustment A2021-0011 Page 10 size with the intent of precluding any potential conversions for other land uses such as commercial and industrial uses which are not permitted in the Agricultural Zone. The maximum height regulations also ensure the accessory building is appropriate for a subordinate building size and scale as these buildings are to remain secondary to the primary residential building and use. 7.7 In staff's opinion the proposed accessory building fails to meet the intent of the floor area regulations — there is already sufficient space for storage on the property and a building of this scale is at risk of being used in the future for a purpose other than an accessory building and is not at a scale deemed accessory to a principal residential use. 7.8 The proposed floor area is also inconsistent with other rural properties that are in compliance or where a minor variance has been supported that more closely align with zoning regulations. 7.9 The maximum permitted height for accessory buildings on the subject property is 4.5 metres. The proposed detached garage also exceeds this regulation and is proposing a building height of 6.3 metres. 7.10 The intent and purpose of the maximum height provision for accessory buildings is to ensure that buildings remain accessory, and smaller in scale to the principle residential use. The maximum height provisions have the effect of keeping accessory buildings to a single storey and keeping the usable floor space at grade. This limitation complements the maximum floor area regulation and encourages accessory buildings to be constructed at a smaller scale. 7.11 In staff's opinion the proposed building fails to meet the intent of the maximum height provisions. The proposed height of 6.3 metres is exceeding the scale of other rural accessory structures and opens the opportunity to create a second floor thereby adding even more floor area down the road. 7.12 For the above reasons, it is in Staff's opinion that the proposal does not maintain the intent and purpose of the Zoning By-law nor is it consistent with the type and scale of minor variance applications recommended for approval in the past. Desirable for the appropriate development or use of the land, building or structure 7.13 The applicant is proposing a detached garage to store additional personal items such as vehicles and other valuable items that require a large garage to keep them safe and secure. On the floor plan drawing provided with the application (Figure 7), the items requiring storage include a golf cart, an ATV, three dirt bikes, a 7' x 14' enclosed trailer, a RAM 1500 truck, a Ford F150 Truck, a 32' Class C motorhome, as well as other outdoor maintenance and sports equipment. Municipality of Clarington Committee of Adjustment A2021-0011 rivo l are Winter Storage of outdoor furniture, solar blanket, lawn and garden tools, hockey nets, basket ball nets etc. Golf Cart 32' Class C 7'xl4' Enclosed Motorhome ATV Trailer Ram 1500 Truck Ford F150 Truck 3 Dirt bikes Page 11 Figure 7 — Submitted floor plan of the proposed 223 square metre detached garage 7.14 The existing dwelling on the property includes a four -car attached garage (Figure 8). The applicants explained they require the proposed detached garage because their existing four -car garage can no longer accommodate additional storage. Municipality of Clarington Committee of Adjustment A2021-0011 Page 12 Figure 8 — Existing dwelling with a 4 car garage 7.15 While the zoning permits one single detached dwelling, there appears to be area in the existing four -car garage, in existing accessory structures, as well as the existing driveway and parking area on the property to accommodate the personal items desired to store in the proposed detached garage. Further, it is possible for the applicants to design a detached building that is more in keeping with the maximum 120 square metres. 7.16 The applicants requested that staff explore other previous minor variance applications as they indicated similar buildings of this scale have be constructed. Staff have reviewed these other files and only in cases where the applicants were farmers could they then proceed to build an agricultural building, accessory to their farm operation versus an accessory building to accommodate personal effects. There are limited examples where Staff recommend denial and there is often a desire by the applicant to revisit the design to bring the building into complete compliance, if not closer Municipality of Clarington Committee of Adjustment A2021-0011 Page 13 compliance to the Zoning By-law, so as to propose a minor variance that Staff can support. 7.17 Staff have also conducted a review of similar minor variance application proposals increasing the maximum permitted 120 square metres for total accessory floor area. Our record database showed that proposals increasing the maximum total accessory floor area from 120 square metres to over 200 square metres were recommended for denial as the proposals did not meet the 4 tests for a Minor Variance and were ultimately withdrawn or denied. 7.18 Based on Staff's review of the existing conditions on the subject property, the surrounding land uses, and previous proposals that moved forward through a minor variance, the application to increase the total accessory floor area from 120 square metres to 260 square metres is not desirable for the appropriate development or use of the land, building or structure. Minor in Nature 7.19 As per the earlier discussion in Section 7.5 of this report, three other accessory buildings exist on the property, which total to approximately 67.8 square metres, leaving an allowable 52.2 square metres for future proposed accessory buildings. 7.20 The proposed 223 square metre accessory building (together with the existing buildings) would result in an additional 170 square metres of floor space not permitted by the Zoning By-law. 7.21 Further the applicant is proposing a height of 6.3 metres, or 1.8 metres (6 feet) in excess of the current zone regulations. 7.22 The proposed variances for an increase in height and floor area significantly exceed the existing regulations that have been in force across the Municipality for a number of years. In Staff's experience the extent and scale of these proposed variances exceed the extent and scale of minor variances contemplated by this Committee of Adjustment over the years. 7.23 It is in Staff's opinion that the proposed detached garage is not minor in nature. 8. Conclusion 8.1 Based on Staff's review of the application, the application does not conform to the intent and purpose of the Zoning By-law and the Regional and Municipal Official Plans, is not desirable for the appropriate development or use of land and is not minor in nature. 8.2 Given the above comments, Staff recommends that this application be denied for a minor variance to Section 3.1 c. of Zoning By-law 84-63 to increase the maximum Municipality of Clarington Committee of Adiustment A2021-0011 permitted total floor area from 120 square metres to 260 square metres and the maximum permitted height from 4.5 metres to 6.3 metres. Submitted by: r Anne Taylbr Scott, Principal Planner Development Review Branch Staff Contact: Aibelle Babista Type Author's email. Interested Parties: The following interested parties will be notified of Committee's decision: Greg Norman Wenda Rodd Paae 14