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Home My WebLink AboutA2021-0019 1649 Concession 9 CommentsClarftwn 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: June 24, 2021 File Number: A2021-0019 Address: 1648 Concession 9, Enfield Report Subject: A minor variance application to permit the construction of a detached accessory structure (garage) by decreasing the minimum exterior side yard setback from 15 metres to 6 metres and by increasing the maximum building height from 4.5 metres to 5 metres. Recommendations: 1. That the Report for Minor Variance A2021-0019 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2021-0019 for minor variances to Sections 4.1.3 and 8.3.1 b. of Zoning By-law 2005-109 to facilitate the construction of a detached accessory structure (garage) by decreasing the minimum exterior side yard setback from 15 metres to 6 metres and by increasing the maximum building height from 4.5 metres to 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 Adiustment A2021-0019 Paae 2 1. Application Details 1.1 Owner/Applicant: Tony Stojan Angelopoulos 1.2 Proposal To facilitate the construction of a detached accessory structure (garage) by permitting minor variances to Sections 4.1.3 and 8.3.1 b. of Zoning By-law 2005-103 by decreasing the minimum exterior side yard setback from 15 metres to 6 metres and by increasing the maximum building height from 4.5 metres to 5 metres 1.3 Area of Lot: 0.2 ha 1.4 Location: 1648 Concession 9, Enfield (see Figure 1) 1.5 Legal Description: Part Lot 31, Concession 9, Former Township of Darlington 1.6 Zoning: "Rural Settlement One (RS1) Zone" of Zoning By-law 2005-103 1.7 Clarington Official Hamlet Plan Designation: 1.8 Durham Region Hamlet Official Plan Designation: 1.9 Heritage Status: None Municipality of Clarington Committee of Adjustment A2021-0019 e3 �y4 LOT: 31 LOT: 30 CAN: 9 D CON: 9 W L6 9025 W 9015 1648 Concession Road79. Op C� :3 9005 [O p d7 N 00 N � r r cLOD c�D CD (0 M CONCESSION-RDR9 CONCESSION RD 9 u7 S 4 CO rn �, r cfl r 8889 ,8840 0 Fa LOT: 31 II..1 30 8799 CON! 8 ON: 8 W Property Location Map 1`.- - - L-__.. sE„..., (Enfield) ' .- � .., j - Area Subject To Minor Variance r 1648 Concession Road 9, Enfield ! ! 'M �e A2021-0019 Lake Onfarrn Figure 1 - Property Location Map Municipality of Clarington Committee of Adjustment A2021-0019 2. Background Page 4 2.1 In May of 2021, the applicant came forward with a proposal for a detached garage to replace an existing garage on the property. The existing detached garage was found to be situated along the exterior side lot line and it was the applicant's desire to replace the existing garage with a structure in the same or similar location. 2.2 On May 13, 2021, the Planning Department discussed with the applicant that the Zoning By-law requires an exterior side yard setback of at least 15 metres. The applicant stated that due to the shape of the lot, a 15 metres setback would force the garage to be situated in the middle of the rear yard. In discussions with the applicant, the Planning Department offered that establishing at least a 6 metres setback would result in a useable driveway and an outdoor parking space beyond the road allowance. 2.3 On June 4, 2021, the applicant submitted the subject minor variance application. Figure 2: Existing Garage 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 1648 Concession 9 in Enfield (See Figure 1). The property is an exterior lot with frontage onto Concession 9 and Enfield Road. The property has a lot area of 2347 square metres, an approximate lot frontage of 46 metres along Enfield Road and an approximate lot depth of 59 metres at the greatest extent. A Municipality of Clarington Committee of Adjustment A2021-0019 Page 5 single -detached dwelling and an existing garage (to be removed) are located on the subject lands (See Figure 2). 3.2 The surrounding land uses to the south, east and west are residential lots and single - detached dwellings within the Hamlet of Enfield. To the north is an agricultural lot outside of the established boundary of Enfield. -1; SITE PLAN 3/64'' = 1'-0" Figure 3: Proposed Site Plan 4. Public Notice and Submissions 1-TH-S- DRAW NG, ARE COME.. GHT A 1J TE- IKCF EKI1 OF 5' ET STP.JCIJ LSCIL II CHS LI J_ 2- TH: I,E'.`' 1161 NAI NGT 2E US-) 00 :ONSI KU' 110111 LESSSLALLU AN J S GNEJ 11 E IGINEER 'ND CBT JN] E1'1I01 FR'J 1A TF- JTECP T. 5. 3 LL NJI ... .ESE NA NGS. NfE{hGh OHU HE NC I10 BE 1EPONIED IN k-AIL0 0LNG BL S-.AND-D [ILA IICN 01 IJCU1 P_F4 SVON CE _N�INL SHALLVOIL Ev[.INELxS RESPONSInILI v. No DATE ISSUED FOR � APVD REVISIONS ENGINEER, SMART SwcNral SOIu(IOn$ 7-KEELEST_UNI LYAJGEAE ON 4( 8 j496, ill 7 CLIENT: PROJECT NAME: PROJECT ADDRESS: ' csSI0n =.c, SHEET NAME .G[I H LLFi SITE PLAN PROPOSED DATE: PROJ ELT NC.: SCALE: 3rIL•=I')' DESIUNER:1-1-1 SHEETNo: CHECKER: E.iLNATI AO-004 i 4.1 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. 4.2 Staff have not received any public enquiries related to this application. 5. Departmental Comments 5.1 The Infrastructure Division of Public Works has no objection to the minor variance application. Municipality of Clarington Committee of Adjustment A2021-0019 Page 6 5.2 The Building Division of Planning and Development Services has no comments on the minor variance application. 5.3 The Emergency and Fire Services Department has no objection to the application. 6. Agency Comments 6.1 The Durham Region Health Department has no objection to the approval of the application. 7. Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 7.1 The Durham Regional Official Plan designates the subject property as Hamlet and is within the Oak Ridges Moraine Area. The Clarington Official Plan designates the subject property as Hamlet. 7.2 The predominant use of lands within the Hamlet designation shall be for residential uses in the form of single -detached dwellings and accessory structures are permitted. 7.3 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 7.4 The subject property is within the "Rural Settlement One (RS1) Zone" in Zoning By-law 2005-109 which requires an exterior side yard setback of 15 metres. This setback also applies to accessory structures such as detached garages. The zoning provisions also limit the height of a detached garage to 4.5 metres. Minor variances are required as the development is proposing a 6 metres setback from the exterior side yard and a building height of 5 metres (actual 4.93 metres). 7.5 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 purpose of the setback is to establish a uniform lot line and to ensure buildings do not encroach into public realms. In Staff's opinion the proposed detached garage will be at a smaller scale, will maintain the usable floor space at grade and will remain secondary to the principle residential use. 7.6 The existing detached garage on the property has a 0 metres setback from the exterior lot line and is approximately the same height as the proposed garage. 7.7 The Public Works Department has reviewed the proposal and has no concerns with regard to drainage on the property. Municipality of Clarington Committee of Adjustment A2021-0019 Page 7 7.8 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 7.9 The requested variances will allow the applicant to store personal effects related to the residential use. The detached is considered subordinate and secondary to the residential use. 7.10 Staff did not receive any objections or concerns from the public regarding this application. 7.11 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. Minor in Nature 7.12 The applicant is requesting relief to allow for an additional 0.5 metres of height and to reduce the exterior side yard setback by 9 metres. 7.13 The required setback of 15 metres would cause the garage to be situated in the middle of the rear yard. The proposed setback of 6 metres results in an appropriate use of the space on the property. 7.14 The proposed detached garage will have little impact on neighbours or neighbouring properties as it will be set back farther than the existing garage and is in keeping with the setbacks of neighbouring properties within the hamlet. 7.15 No objections or concerns with the proposed detached garage were identified during the review process or from members of the public. 7.16 All other zone regulations as they relate to accessory structures can be met. 7.17 For the above stated reasons, it is Staff's opinion that the proposed variances are minor in nature. 8. Conclusion 8.1 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. 8.2 Given the above comments, Staff recommends approving this application for minor variances to facilitate the construction of a detached accessory structure (garage) by decreasing the minimum exterior side yard setback from 15 metres to 6 metres and by increasing the maximum building height from 4.5 metres to 5 metres. Municipality of Clarington Committee of Adjustment A2021-0019 Page 8 --- S , r, Submitted by: `4k Anne Taylor Scott, Principal Planner Development Review Branch Staff Contact: Sean Jeffrey The following interested parties will be notified of Committee's decision: Tony Stojan Angelopoulos