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HomeMy WebLinkAboutA2021-0018 27 Arthur McLaughlin - 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: August 12, 2021 File Number: A2021-0018 Address: 27 Arthur McLaughlin Street, Bowmanville Report Subject: A minor variance application to facilitate the construction of a side entrance to a proposed in-house apartment by decreasing the minimum side yard setback from 0.6 metres to 0.26 metres as a result of a step Droiection. Recommendations: 1. That the Report for Minor Variance Application A2021-0018 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2021-0018 for a minor variance to Section 3.1 g. iv) and Section 13.4.54 d. iii) of Zoning By-law 84-63 to facilitate the construction of a side entrance to a proposed in-house apartment by decreasing the minimum side yard setback from 0.6 metres to 0.26 metres as a result of a step projection be approved subject to conditions fulfilled at the time of Planning Staff review of the Building Permit Application: a. Approval of a grading plan that conforms to the Municipality of Clarington Design Guidelines and is satisfactory to the Director of Public Works, and b. Demonstrate a through access to satisfy the Director of Fire and Emergency Services, 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 A2021-0018 1. Application Details Page 2 1.1 Owner/Applicant: Sivatheepan Sunthavalingam 1.2 Proposal: A minor variance to Section 3.1 g. iv) and Section 13.4.54 d. iii) of Zoning By-law 84-63 to facilitate the construction of a side entrance to a proposed in-house apartment by decreasing the minimum side yard setback from 0.6 metres to 0.26 metres as a result of a step projection. 1.3 Area of Lot: 390.14 square metres 1.4 Location: 27 Arthur McLaughlin Street, Bowmanville (see Figure 1) 1.5 Legal Description: Part Lot 13 Concession 3, Plan 40M2610 Lot 74 1.6 Zoning: "Urban Residential Exception (R2-54)" Zone of Zoning By-law 84-63 1.7 Clarington Official Urban Residential Plan Designation: 1.8 Durham Region Living Areas Official Plan Designation: 1.9 Heritage Status: None Municipality of Clarington Committee of Adjustment A2021-0018 BRUCF��� 265 R N 26fi 269 3490 270 J 273 278 277 262 rn 281 o�ryma o� zas-A285 LOT:13 3nN31AY FLL1 WS AUN3H0 289 CON:-3 3437 _ 294 Z 299a a 297 m e e o 308 �51 51 59 5g 1}5 310 1�+^ N 40 46 a 47 54 r� 3Afa0 NOa3WY7 la8 JJ 4z yip q3 50 La st 1zz ~ 9z3 3424 47 126 1.L1127 42 b 4130 �131 1 n n 3 3134 • - 34 ram- 35 136 146 Nj 143 o a m G 111 �22 G 23 14m 1af10J 3101 lllB 16 Z 1g 150 LOT: 12 14 n 1 154 55 CON:3 M � 162 �eY.�e1eh /ryl�/�!,•ll���"'/w�/� -i.-T�J 166u187 83 / tr F m,� v 66 q/V ��8�ov / R 178 173 17 r 715 �n. -��� N N 63 �/h ^ o- ) 6 A Se ��^"fv 1 '� 1a6 167 / 56 n LOT: 14 o m �4 e m a `\ 52 Z 55 191 �� /� 190 o c w n N o 48 a 51 CON: 3 47 46 H / N'.v +n 27 36�^v°'i 198 199 35 202 203 5 ii1 32 31 206 207 39 V \8 26 27 210 211 ^ �n I ; 43 U. 34 24 23 2'4 MOSES CR'C' 30 .s 9 I 22 219 26 FI - 226 223 22 m 2230 227 1 �34 eat ',�EROMEWAYw 16 m� t 14 o m �242 239 ioa _ zz 10 9aA 114473 L�D2— 4 243 _a 3NVIo _Y_N�YOIa0 6NORTHGLEN Bp250 z rV242 944 1 y, 38 v jrnmoN��nm N nh' `�' v tfY rv�`R `,Er Property Location Map (Bowmanville) W E. - Area Subject To Minor Variance S 27 Arthur McLaughlin Street, Bowmanville A2021-00 l 8 Bm .,,,.. ----- - - M.00e t ry.e.. MI khdI Cam<n namp�nn o�ono i i <our1k. • Mpp� io I vibe ®' Newcastle IifQ�Yl!—A'� -� Lnkc On tnrio Figure 1 — Location Map Paae 3 Municipality of Clarington Committee of Adjustment A2021-0018 Page 4 2. Background 2.1 In order to construct a side yard staircase to a future basement apartment at 27 Arthur McLaughlin Street, the Owner applied for a Minor Variance for relief from the maximum permitted projection in a side yard for steps which cannot reduce the side yard to be less than 0.6 metres. 2.2 While the application came in to reduce the setback from 0.6 metres to 0.5 metres, it was subsequently revised to state a reduction from 0.6 metres to 0.26 metres to accurately reflect the structure design. 2.3 Through internal consultation with the Building Division and the Infrastructure Division of Public Works, Staff requested the applicant to obtain a consent letter from the neighbouring property to the north, 31 Arthur McLaughlin Street, to ensure the future construction is mutually agreed upon between the two neighbours in the event of a civil conflict or drainage issue. Staff have received a signed consent letter from 31 Arthur McLaughlin Street for the subject application. 00SrlG ADJACkW RESIDENTIAL PROPERTY LliL— UJ BMW Gros K+sw^m'e axw, A—Eff1r Lx ' IILa 1^ ;tr-IYyY r. � aA.ce S sC Ip cu�oRq Mm 7 1w Mbwt \G[ Yll, I Ab11E01i[W p14��1 i WILA�I ilYiY!'i yI _ .O.C. —�VnF -------------- i co d C. 1 L 7 +—EaIiTlC wsrw.l 27 RRTHl1RAicLRl1GHLIN 57REET, ; HOIAANVUE-ON e Gn ■ rlw i ° o r~uIl C�IrY LL\[L ELFlRr 1 Y 1 1 e .em OK� � '�Ms t r aR Cp�pR71,�n Wr `s sm (1W- 7 - MerNn LK H d= .___.-__.- Figure 2 — Proposed site plan of 27 Arthur McLaughlin Street Municipality of Clarington Committee of Adjustment A2021-0018 Figure 3 — Rear of subject dwelling, with existing air conditioning unit to the left 3. Land Characteristics and Surrounding Uses Page 5 3.1 The subject property is located at 27 Arthur McLaughlin Street, on the east side of Arthur McLaughlin Street in the Northglen neighbourhood of north Bowmanville. The subject property is west of Middle Road, east of Bowmanville Avenue, north of Concession Rd 3 and south of the northern urban boundary of Bowmanville. The property is approximately 390.14 square metres in lot area with an approximate frontage of 12 metres and depth of 32.4 metres. The existing and proposed uses of the building are residential. 3.2 The surrounding uses to the north, south, west and east are residential, with similar dwelling types of single detached dwelling forms. 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. 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. 5. Departmental and Agency Comments 5.1 The Infrastructure Division of Public Works has reviewed the application and has no objection to the application. The letter from the abutting property owner is satisfactory. The Infrastructure Division requires a drain at the bottom of the proposed stairs to prevent water from pooling in this location and request that the drain and proposed Municipality of Clarington Committee of Adjustment A2021-0018 Page 6 connection be included in all applicable drawings. Once the work is complete, the existing drainage pattern and side yard swales of the lot are to be re -instated to match the current drainage design. 5.2 The Building Division of Planning and Development Services has reviewed the application and state that a building permit is required. 5.3 Clarington Emergency and Fire Services Department has reviewed the application and found no fire safety concerns. 6. Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 6.1 The subject property is designated Living Areas within the Durham Region Official Plan, and Urban Residential within the Clarington Official Plan. Both the Regional and Clarington Official Plans permit the residential use of the property. 6.2 For the above stated reasons, it is staff's opinion that the application confirms to the intent and purpose of both Official Plans. Conformity with the intent and purpose of the Zoning By-law 6.3 The subject property is zoned "Urban Residential Exception (R2-54) in Zoning By-law 84-63. The zone permits a single detached dwelling with an attached garage to have a minimum side yard setback of 1.2 metres on one side and 0.6 metres on the other. Subject to Section 3.2 of the Zoning By-law, an apartment -in-house is permitted within a single detached dwelling in an R2 exception zone. The proposed side yard step projection to facilitate entry to a basement apartment, is a permitted encroachment into the side yard provided there is conformity with Section 3.1 g. iv) which permits step projections into a required side yard up to 1.5 metres but cannot be reduced beyond 0.6 metres. The proposed step projection into the required 1.2 metre side yard setback would reduce the existing 1.3 metre side yard setback to 0.26 metres for the length of the staircase. 6.4 The intent of the 0.6 metre side yard setback minimum for step projections is to ensure adequate drainage between dwellings and towards Arthur McLaughlin Street, and ensure there is appropriate access and clearance to the rear of the dwelling in events of emergency. 6.5 Within a plan of subdivision, it is not uncommon for dwellings to be built with a range of interior side yard widths provided there is appropriate space for surface drainage. Through numerous discussions and review with the Infrastructure Division of Public Works, the Infrastructure Division is satisfied that the proposal will not pose a negative impact to the neighbouring property to the north, nor will there be severe drainage or flooding issues, provided that the applicant install a drain to prevent water from Municipality of Clarington Committee of Adjustment A2021-0018 Page 7 overflowing the step projection, and that the existing drainage pattern and side yard swales of the lot are re -instated to match the current drainage design. 6.6 From an access perspective, the proposed exterior staircase is designed in a manner to maintain access to the rear yard. To enter the rear yard, one would have to step down 4 risers, and back up 4 risers to reach the rear yard. There would be limited space to walk around the staircase without walking on the neighbouring property therefore the through staircase is necessary to maintain access. The dwelling to the north will continue to have a 1.3 metre setback between the dwelling and the shared property limit (see Figure 4). 6.7 For the above stated reasons, it is staff's opinion that the application conforms with the intent and purpose of the Zoning By-law. Figure 4 — Existing side yard condition between 27 and 31 Arthur McLaughlin Street Desirable for the appropriate development or use of the land, building or structure 6.8 The appropriate use of the land is residential. The proposed step projection would facilitate the construction of a through -access staircase and side entrance to the north side of the existing dwelling, for a permitted, future basement apartment. The proposed Municipality of Clarington Committee of Adjustment A2021-0018 Page 8 location is desired by the applicant for ease of access and reasonable screening compared to if the apartment entrance were located at the front of the dwelling. 6.9 Staff reviewed the option of constructing an exterior staircase in the rear yard. The floor plan of this model has a mid -storey landing at the location of the proposed entrance allowing for a desirable side entrance having only 4 risers as opposed to a full -depth exterior staircase resulting in significantly more excavation and costs than what is proposed. 6.10 With further review and assessment of the application from Staff, commenting departments and agencies, there are no technical reasons why the minor variance should not be supported. 6.11 For the above stated reasons, it is staff's opinion that the application is desirable for the appropriate development or use of the land, building or structure. Minor in Nature 6.12 The proposed below grade staircase and side entrance is intended to maintain through access to the rear of the dwelling on the subject property and maintain existing drainage patterns around the dwellings. 6.13 The relief requested is for the exterior staircase only and the existing setback to the dwelling itself will remain unchanged. 6.14 Therefore, to allow the reduction to the minimum side yard setback to 0.26 as a result of a step projection is considered to be minor in nature. 7. Conclusion 7.1 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. 7.2 Given the above comments, Staff recommends approving this application for a minor variance to Section 3.1 g. iv) and Section 13.4.54 d. iii) of Zoning By-law 84-63 to facilitate the construction of a side entrance to a proposed in-house apartment by decreasing the minimum side yard setback from 0.6 metres to 0.26 metres as a result of a step projection. Municipality of Clarington Committee of Adjustment A2021-0018 Page 9 Submitted by: 1� Anne Tayl r Scott, Principal Planner Development Review Branch Staff Contact: Aibelle Babista The following interested parties will be notified of Committee's decision: Sivatheepan Sunthavalingam Kuru Thevarajan