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HomeMy WebLinkAboutA2021-0030 265 Beaver St N - 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: A2021-0030 Address: 265 Beaver Street North, Newcastle Report Subject: A minor variance application to facilitate the construction of an addition (including an attached garage) to the existing dwelling by reducing the required setback to the Environmental Protection Zone from 3 metres to 0.6 metres Recommendations: 1. That the Report for Minor Variance Application A2021-0030 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2021-0030, for a minor variance to Section 3.22 a. of Zoning By- law 84-63 to facilitate the construction of an addition (including an attached garage) to the existing dwelling by reducing the required setback to the Environmental Protection Zone from 3 metres to 0.6 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 A2021-0022 1. Application Details 1.1 Owner/Applicant: Ron McLeister Page 2 1.2 Proposal: A minor variance to Section 3.22 a. of Zoning By-law 84-63 to facilitate the construction of an addition (including an attached garage) to the existing dwelling by reducing the required setback to the Environmental Protection Zone from 3 metres to 0.6 metres 1.3 Area of Lot: 0.15 hectares 1.4 Location: 265 Beaver Street North, Newcastle (see Figure 1) 1.5 Legal Description: Lot 28, Concession 2, Former Township of Clarke, 10R2124 Part1 1.6 Zoning: "Environmental Protection (EP) Zone" and "Urban Residential Type One (R1) Zone" of Zoning By-law 84-63 1.7 Clarington Official Plan Designation: Environmental Protection and Urban Residential 1.8 Durham Region Official Plan Designation: Living Areas 1.9 Heritage Status: None Municipality of Clarington Committee of Adjustment A2021-0022 396 388 - 380 362 345 cov 338 MONROE STREET j �ILo N 31fi 317 cic 11 LO 8 9 , 6 /7 � 5 u 3 N 3 LOT•r27 8 N co V CD 00 W r CON: 2 276 ANDREW STREETI,, 270 VI 265 N 266— n/ J 251 256 1 Paae 3 157 260 LOT.:28 CON�2 152 ty 236 139 237 238 247 . i50 R 158 121 220 215 224 231 148 151 107 212 Lli NJ 217 146 149 147 91 197 N N OC 203 NNNNNNcv N c, m Y � N �' r r r145 H 143~ iORGESTREET 67 GEORGE STREET 175 174 W +� s 177 r t2 �- N72 2 a 1 r m ti 52 51 157 158 Q CO 157 c 6 5 50 141 142 _7 10 9 128 141 12 11 38 127 112 115 - I 16" 13 14 151 / _ 113 20 LC, STREET 100 99 WILMOT - 87 S4 85 Dronert Location Ma (Newcastle Village) n�ro - Area Subject To Minor Variance 265 Beaver Street A202 7 -0030 s Mkn,1PC-.— op„o 1 (aersa soma",nne 00 • Newcastle T I Lake On Iarvo � Figure 1 — Location Map Municipality of Clarington Committee of Adjustment A2021-0022 Page 4 2. Background 2.1 In June 2021, the applicant submitted a Building Permit and a permit from the Ganaraska Region Conservation Authority for the construction of a garage addition. In reviewing the Building Permit, Planning Staff determined that the proposed construction did not comply to the Zoning By-law due to an encroachment on the required Environmental Protection (EP) zone setback. Zoning By-law 84-63 requires a setback of 3 metres from an EP zone. 2.2 On July 7t", 2021, the homeowner applied for a Minor Variance to build a garage addition to the existing residential use. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 265 Beaver Street, Newcastle, located north of Highway 2. The property is directly adjacent to a watercourse which runs through the subdivision. The subject property is approximately 0.15 hectares, with an approximate lot frontage of 40 metres. 3.2 Abutting the property on all sides are residential dwellings. The Environmental Protection Zone is located to the south of the property. The "EP" zone is in place due to a small stream which runs from the northeast to the southwest. Municipality of Clarington Committee of Adjustment A2021-0022 Page 5 Figure 2 — Subject property and proposed location of the addition. The watercourse is located at the far right of the above image. 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 received one enquiry regarding this application. A resident nearby the subject property inquired to clarify the intent, size and location of the proposed addition. They had no objections following Staff's clarification. 5. Departmental and Agency Comments 5.1 The Infrastructure Division of Public Works has no objection to this proposal, given that the existing drainage patterns are re -instated after construction and the proposed works maintain a minimum 1.2 metre set back from the south property line. Municipality of Clarington Committee of Adjustment A2021-0022 Page 6 5.2 The Building Division of Planning and Development Services has no comments regarding this application. 5.3 Clarington Emergency and Fire Services Department has no fire safety concerns found on this application. 5.4 The Ganaraska Region Conservation Authority (GRCA) has reviewed the application and has issued a permit (Permit No. 1929). 6. Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 6.1 Within the Durham Region Official Plan, the subject property is designated "Living Areas". Lands designated as Living Areas are predominantly intended for housing purposes. 6.2 Within the Clarington Official Plan, the subject property is designated "Environmental Protection" and a small portion of "Urban Residential". Lands designated Environmental Protection 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 are permitted, provided that the proposal demonstrates minimal impact to the natural features. The intent of the Official Plan is to not prohibit existing residential uses from continuing or expanding under appropriate circumstances. 6.3 For the above stated reasons, it is staff's opinion that the proposed addition conforms to the intent and purpose of both the Regional and Local Official Plans. Conformity with the intent and purpose of the Zoning By-law 6.4 The subject property is zoned "Environmental Protection (EP)" and "Urban Residential Exception (R1-1)" in Zoning By-law 84-63. The single detached dwelling is located north of and outside of the "EP" Zone, where residential uses are not permitted. 6.5 Additions to a dwelling are permitted provided they conform to the regulations established in the applicable zone. The proposed addition conforms to all lot coverage and set back requirements, except for the required setback buffer to the Environmental Protection Zone. 6.6 The intent of restricting the building of structures within and adjacent to an "EP" zone is to prevent the degradation of the natural environment and to avoid property damage or potential personal injury resulting from proximity to a natural hazard. From an impact perspective, staff and agencies recognize the pre-existing residential development on all sides around the stream and the minimal hazards associated with the stream. With consultation and approvals from the GRCA, Planning Staff are satisfied that the intent and purpose of the Zoning By-law are maintained. At is greatest extent, the setback between the addition and the "EP" Zone reaches 2.5 metres. Municipality of Clarington Committee of Adiustment A2021-0022 ANI2I: VV 5`T�T N 6q, 45, 201, -!6.22 I I I I I E7(IS1-VG �SI�ENC� I �. I t I I I A I M�TOMP AW 1OH a O exisrv�i s+r.0 ro - OF k-movF) y yam► 12.12 y�l y �' "� I � Llh9 rx rF ZCA16 N 69' 45' 20'' F- 2>8,22 Figure 3 — Site Plan of the proposed development at 265 Beaver Street Page 7 Municipality of Clarington Committee of Adjustment A2021-0022 Page 8 1 ,re �1,� ❑—❑— ❑❑❑❑ ❑❑L _ ❑❑❑ rR 1---------------- FKONT FLr�VATION P-o+ten PIGNT CAM FLF_VATION Figure 4 — Front and side elevations of the proposed addition Desirable for the appropriate development or use of the land, building or structure 6.7 Land uses to the north, south, east and west are residential. The addition is proposed to be the same height as the existing dwelling. The proposed structure is not anticipated to have significant impacts to views nor result in any significant impact to surrounding lands. 6.8 The proposed building design complements the existing residential use. With a similar use of building materials. The addition is in conformity with all other regulations of the Zoning By-law and would be permitted if there was no Environmental Protection Zone on the lands. It is assumed that the proposed addition will not detract from surrounding land uses. 6.9 Neither staff nor agencies have identified any technical reason why the minor variance application should not be approved. 6.10 For the above stated reasons, it is staff's opinion that the proposed addition is desirable for the appropriate development and use of the land. Municipality of Clarington Committee of Adjustment A2021-0022 Minor in Nature Page 9 6.11 The proposed encroachment into an Environmental Protection zone setback containing an existing residential use is considered to have minimal impact to the lands. The land for the proposed addition is currently paved and used as a parking area for the dwelling. 6.12 No objections were received from departments or agencies. 6.13 For the above stated reasons, it is staff's opinion that the proposed addition is 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 the application for a minor variance to Section 3.22 a. of Zoning By-law 84-63 to facilitate the construction of an addition (including an attached garage) to the existing dwelling by reducing the required setback to the Environmental Protection Zone from 3 metres to 0.6 metres. Submitted by: 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: Ron McLeister Tom Mulvihill