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HomeMy WebLinkAboutMerged Comments A2021-0012 5 Craig Court 05-27Clarftwn Planning and Development Services Committee of Adjustment Addendum Report 1 to the May 13, 2021 A2021-0012 Report 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 27, 2021 File Number: A2021-0012 Address: 5 Craig Court, Bowmanville Report Subject: A minor variance application to facilitate the construction of a detached garage by increasing the maximum permitted total floor area for accessory buildings from 90 square metres to 104 square metres and to recognize the height of 4.9 metres for an existing children's play structure. Recommendations: 1. That the Report for Minor Variance A2021-0012 be lifted from the table; 2. That the Addendum Report for Minor Variance Application A2021-0012 be received; 3. That all written comments and verbal submissions were considered in the deliberation of this application; 4. That application A2021-0012 for minor variances to Section 3.1.c. of the Zoning By- law to facilitate the construction of a detached garage by increasing the maximum permitted total floor area for accessory buildings from 90 square metres to 104 square metres and to recognize the height of 4.9 metres for an existing children's play structure, 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 5. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2021-0012 1. Background Page 2 1.1 Application A2020-0012 was heard at the Committee of Adjustment meeting on May 13, 2021. Staff recommended tabling the application to capture an additional minor variance for the height of a children's play structure that Staff observed during a site visit. The Committee approved the following motion: "That application A2021-0012 for a minor variance to facilitate the construction of a detached garage by increasing the maximum permitted total floor area for accessory buildings from 90 square metres to 104 square metres be tabled for a period of up to sixty (60) days." 1.2 The application was recirculated and a new public meeting sign was posted to capture the full extent of the minor variance application which is to increase the maximum permitted floor are for accessory structures and to recognize the existing height of the play structure being 4.9 metres as the maximum permitted height for an accessory structure under 10 square metres in floor area is 3 metres. 1.3 A Building Permit is not required for the play structure as it is under 10 square metres but it must comply to the Zoning By-law. Figure 2: Children's Play Structure Municipality of Clarington Committee of Adjustment A2021-0012 2. Land Characteristics and Surrounding Uses Page 3 2.1 The subject property is located at 5 Craig Court in Bowmanville (See Figure 1). The property has a lot area of 0.6 hectares, an approximate lot frontage of 32 metres and an approximate lot depth of 123 metres. On the property is a single -detached dwelling, pool, cabana, open air gazebo, children's play structure and a shed to be removed (See Figure 2). 2.2 The surrounding land uses to the north, south, east and west are residential in the form of single -detached dwellings on residential estate lots. CQM6 c-:. . 2A 90 ___ WGILL r- %c. iorW s C:hy cr a.4" WON 4orrrh+xw+¢: L4rn - b967i Ir• f aA9+ m +� IO .Y Lf3f 71�A N.LflYE4 - 6fl67 �T•Ld+19 .'7 F ]dyV Uppap 1 S=U X '179I0 0 (A- fs.S S6. 3s�Q FT- SS,++I 41• `� M� r+ro• *rx Figure 2: Site Plan Sketch lff•WH-e Municipality of Clarington Committee of Adjustment A2021-0012 3. Public Notice and Submissions Page 4 3.1 Pursuant to the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within the prescribed distance. 3.2 Staff have not received any public enquiries related to this application. 4. Departmental Comments 4.1 The Infrastructure Division of Public Works has no objection to the minor variance application. 4.2 The Building Division of Planning and Development Services has no comments on the minor variance application. 4.3 The Emergency and Fire Services Department has no objection to the application, however, recommend that fire department vehicles have access within 15m of the proposed garage. 5. Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 5.1 The Durham Regional Official Plan designates the subject property as Major Open Space. The Clarington Official Plan designates the subject property as Estate Residential. 5.2 The predominant use of lands within the Estate Residential designation shall be for residential uses in the form of single -detached dwellings. 5.3 As such, the proposal is in conformity with the Regional and Clarington Official Plans. Conformity with the intent and purpose of the Zoning by-law 5.4 The subject property is within the "Residential Estate (RE) Zone" in Zoning By-law 84-63 which permits up to 90 square metres of total floor area for accessory buildings and structures for properties less than 2 hectares in size. The zoning provisions also limit the height to 3 metres for accessory structures less than 10 square metres. Minor variances are required as the proposed garage would increase the total floor area of accessory buildings and structures to 104 square metres and to recognize the height of 4.9 metres for the existing children's play structure. 5.5 The intent and purpose of maximum floor area for accessory buildings is to create a standardized floor area that is realistic for residential estate lots and smaller rural residential parcels and that are large enough to accommodate personal effects accessory to the residential use. The maximum floor area also limits size with the intent of precluding any potential conversions to a commercial or industrial use which are not permitted on residential properties. The purpose of the maximum floor area provision is Municipality of Clarington Committee of Adjustment A2021-0012 Page 5 also to ensure that there is sufficient open space for drainage and that buildings remain secondary to the primary residential use. 5.6 Maximum floor area regulations complement the maximum lot coverage regulations for accessory structures which in this case is 10% of the lot. The proposed structures would result in a lot coverage of 2.1 % for accessory structures on this 0.6—hectare lot. 5.7 The 22 square metre open air gazebo is included in the lot coverage calculation, however not included in the total floor area. 5.8 The Public Works Department has reviewed the proposal and has no concerns with regard to drainage on the property. 5.9 The uses related to open air gazebo and cabana are specific in nature to the enjoyment of the backyard and pool which would preclude any potential conversions to commercial or industrial uses. The proposed garage will provide storage space for the applicant's personal effects. The proposed garage on its own would be under the permitted 90 square metres of floor area allowed for accessory structures. 5.10 The intent and purpose of the maximum height provision for accessory structures is to ensure that they remain secondary, 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 generally 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. The intent of restricting the height to 3 metres on structures under 10 square metres is to provide a balance between floor area and the height. 5.11 The children's play structure is 4.9 metres in height and has a floor area of 3 square metres. The structure is in the rear yard and meets the setback provisions for accessory structures. The children's play structure is buffered from the property line by a row of mature trees. The structure is considered secondary to the main residential use and used clearly for children's play versus storage. 5.12 For the above -stated reason, it is Staff's opinion that the minor variances requested maintain the intent of the Zoning By-law. Desirable for the appropriate development or use of the land, building or structure 5.13 The requested variances will allow the applicant to store personal effects related to the residential use and keep the existing play structure for the enjoyment of children. The detached garage and the play structure are considered subordinate and secondary to the residential use. 5.14 There were no concerns from the public on the application. 5.15 For the above -stated reasons, it is Staff's opinion that the minor variances requested are desirable for the residential use of the land and building. Municipality of Clarington Committee of Adjustment Page 6 A2021-0012 Minor in Nature 5.16 The applicant is requesting relief to allow for an additional 14 square metres of floor area for the detached garage, and 1.9 metres of height for the existing play structure. In this case, the overall proposal is in keeping with the residential use and is appropriate given the size of the lot. No objections or concerns with the proposed detached garage or existing play structure were identified during the review process or from members of the public. 5.17 The proposed detached garage will have little impact on neighbours or neighbouring properties as it is set back from the property lines by more than 9 metres and is buffered by mature trees. The existing play structure will have little impact on neighbours or neighbouring properties as it has been in existence since 2013. 5.18 All other zone regulations as they relate to accessory structures can be met. 5.19 For the above stated reasons, it is Staff's opinion that the proposed variances are minor in nature. 6. Conclusion 6.1 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. 6.2 Given the above comments, Staff recommends approving this application for minor variances to Section 3.1.c. of the Zoning By-law to facilitate the construction of a detached garage by increasing the maximum permitted total floor area for accessory buildings from 90 square metres to 104 square metres and to recognize the height of 4.9 metres for an existing children's play structure, 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. Submitted by: ii 11S 0. Anne Taylor Scott, Principal Planner Development Review Branch Staff Contact: Toni Rubino, Planner Interested Parties: The following interested parties will be notified of Committee's decision: Barry Mount and Kerry Sanders Rich Bouma Clarftwn 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: A2021-0012 Address: 5 Craig Court, Bowmanville Report Subject: A minor variance application to facilitate the construction of a detached garage by increasing the maximum permitted total floor area for accessory buildings from 90 square metres to 104 square metres. Recommendations: 1. That the Report for Minor Variance A2021- 0012 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2021-0012 for a minor variance to facilitate the construction of a detached garage by increasing the maximum permitted total floor area for accessory buildings from 90 square metres to 104 square metres be tabled for a period of up to sixty (60) days; and 4. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2021-0012 1. Application Details Page 2 1.1 Owner/Applicant: Barry Mount and Kerry Sanders 1.2 Agent: R Bouma Construction Inc. 1.3 Proposal: A minor variance to Section 3.1.c. of Zoning By-law 84-63 to facilitate the construction of a detached garage by increasing the maximum permitted total floor area for accessory buildings from 90 square metres to 104 square metres. 1.4 Area of Lot: 0.6 hectares 1.5 Location: 5 Craig Court, Bowmanville (Figure 1) 1.6 Legal Description: Part Lot 15, Concession 3, Former Township of Darlington 1.7 Zoning: Residential Estate (RE) Zone 1.8 Clarington Official Plan Designation: Estate Residential 1.9 Durham Region Official Plan Designation: Major Open Space 1.10 Heritage Status: None Municipality of Clarington Committee of Adjustment A2021-0012 6 �8 2 2 _- W lyn0 � 1y11O93973T1�19 Z 1 �� 3 W r 1 � yU 3499 35� J — {{ ~ I Z BI 6 I 2 Q ,46 ,44 8V 14 2 3 5 % r 7 140 73s _ 10 111no3Hb3u21bw INnoD ignvl ' 5 ,3z am m f - 9 3 1 1 1` 0 HEN �� �71 5 I Lor:11 4 m I�� DTI 3400 G 3381 1 ` � -- 336A 33 5 31 3330 3321 3310 -� J -- 3301 Property Location Map (Darlington) LO7:14 CON:3 ��I FI al�lm mom 259�25a W 251 Z 247 Z 324W 242 =52 :�S25C 239 WILLIAM FAIR 1 231 2" v 227 226 awe v~i 51 209 O ae 42 v 47 205 Lp 201 38 gL p CC 39 197 34 Y35 93 �a 30 (J 31 ,99 7 22 27 195 Area Subject To Minor Variance - 5 Craig Court, Darlington e A2021-0012 Page 3 1 V3Ab a e'er �� NbWN�bf Wtld r75 A SA75? E end-- e.*Cmn L_ __—__—_---- ;r I-. ®�,nn ,.l xemp<nn '�ax.�,�e� • o.o,o i jaewmax����e� ��� NewcasEle srnwnrvll�� -4MT I� '11�V ' . Lake Ontario Figure 1: Property Location Map Municipality of Clarington Committee of Adjustment A2021-0012 2. Background Page 4 2.1 On May 13, 2021 the applicant submitted a minor variance application to facilitate the construction of a detached garage by increasing the maximum permitted total floor area for accessory buildings from 90 square metres to 104 square metres. 2.2 During a site visit it was noted that the children's play structure which is approximately 3 square metres does not meet the height provision of the Zoning By-law (See Figure 2). The maximum permitted height for an accessory structure under 10 square metres in floor area is 3 metres. Upon further discussion with the agent it was determined that the height of the children's play structure is 4.9 metres. 2.3 Staff recommend that the application be tabled for a period of up to sixty (60) days to allow the applicant to revise the application and for the revised notice to be circulated to the public. Figure 2: Children's Play Structure 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 5 Craig Court in Bowmanville (See Figure 1). The property has a lot area of 0.6 hectares, an approximate lot frontage of 32 metres and an approximate lot depth of 123 metres. On the property is a single -detached dwelling, pool, cabana, open gazebo, children's play structure and a shed to be removed (See Figure 2). Municipality of Clarington Committee of Adjustment A2021-0012 Page 5 3.2 The surrounding land uses to the north, south, east and west are residential in the form of single -detached dwellings on residential estate lots. CC' F46 ,. a .� Lq T nAN Ala. KLM •76V 6WY cr OIAM raa 4a C w4 : r� Li7Y IliylS - +s9d71 /F• { 0+79� m'] IO x cdr AwA r wv6P - 696Y F%1 { 649--t POLL ILI _ C 3 +}7 rC_ Y, j} 11"+P h, a ,tit Idi9 t P W'O- !m9• W 6.27 Figure 2: Site Plan Sketch Municipality of Clarington Committee of Adjustment A2021-0012 4. Discussion Page 6 4.1 The subject property is within the "Residential Estate (RE) Zone" in Zoning By-law 84-63 which permits up to 90 square metres of total floor area for accessory buildings and structures for properties less than 2 hectares in size. A minor variance is required as the proposed garage would increase the total floor area of accessory buildings and structures to 104 square metres. 4.2 At a site visit of the property on May 4, 2021 staff observed that the children's play structure did not comply with the maximum 3 metre height provision for accessory structures that are less than 10 square metres in floor area. Through discussions with the agent, it has been determined that the height of the accessory structure is 4.9 metres. The agent has agreed to the tabling of the application to revise the minor variance application to capture the additional variance and to recirculate and repost in accordance with the Planning Act. 4.3 Staff recommend tabling the application for the above stated reasons. 5. Conclusion 5.1 Given the above comments, Staff recommend the application be tabled for a period of up to sixty (60) days to allow for the minor variance application to be revised and for the revised public notice to be circulated. Submitted by: '4� ;'" i Anne Taylo Scott, Principal Planner Development Review Branch Staff Contact: Toni Rubino, Planner Interested Parties: The following interested parties will be notified of Committee's decision: Barry Mount and Kerry Sanders R. Bouma Construction Inc.