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HomeMy WebLinkAboutA2021-0034 39 Kersey Crescent Comments 08-26Clarftwn 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 26, 2021 File Number: A2021-0034 Address: 39 Kersey Crescent, Courtice Report Subject: A minor variance application to facilitate the construction of a deck by increasing the maximum permitted lot coverage and increasing the rear yard deck projection Recommendations: 1. That the Report for Minor Variance Application A2021-0034 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2021-0034 for a minor variance to Section 3.1 g. iv) and Section 13.2 e. of Zoning By-law 84-63 to facilitate the construction of a deck by increasing the rear yard deck projection from 1.5 metres to 2.1 metres and increasing the permitted lot coverage from 40% to 47%, 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 A2021-0034 1. Application Details 1.1 Owner/Applicant: Tarique Rahimi Page 2 1.2 Proposal Minor variances to Sections 3.1 g. iv) and 13.2 e. of Zoning By- law 84-63 to permit the construction of a deck by increasing the rear yard deck projection from 1.5 metres to 2.1 metres and by increasing the maximum permitted lot coverage from 40% to 47%. 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 408 square metres 39 Kersey Crescent, Courtice (see Figure 1) Lot 36, Plan 40M-2353 "Urban Residential (R2-12) Zone" of Zoning By-law 84-63 Urban Residential Living Areas None Municipality of Clarington Committee of Adjustment A2021-0034 Paae 3 — 115 N cP — C.Q O V CO N cc O t W N (0 O �r Co N N cm o� o o o 119 N M M cn in cD m h h r. eo co w rn rn r r r Y- r � � r � � � � ., �� rn r SOUTHFIELD AVENUE M f— CO Ln T M h T LoC000) 2 OMu) t� in NN` LU 1595 ` TI 1592 I 0 131 rN- N I 132 J W N u7 G OW LU KERSEY CRESCENT 7 11 15 19 ±27 31 35 43 47 �11 >< LOT- 33 g 61 Z CON:1a.G tA W CD N I. 0 0 co O CO N O CO N 0� O c4 N CO O O N CO O O N a Y Q� L O O M h h (p (fl l[� V M co N N T Oh 0) Q1 0 152 �J r h LO Ot 't h C') O Ol�lf')MA O M M CO LO (D � In � V V M M N NNNr�� r 153 iz() LOT:34 , ro#, CON: 1 �6� 1467 Ab 2 �1 1� 1447 1429 1430 Property Location Map N j amy e<°aai Area Subject To Minor Variance J i 39 KerseyCrescent �p< a<w< Newcastle, A2021-0034 L a k o�1ario 141 V � M� M N N�� O 86 an 145 6 10 14 18 22 2S 30 34 38 42 76 70 Figure 1 —Location Map Municipality of Clarington Committee of Adjustment A2021-0034 2. Background Page 4 2.1 On August 3, 2021 the applicant contacted the Planning Department to inquire about the Minor Variance process. The applicant sought to address deficiencies with a partially constructed deck. The inquiry was in response to a By-law complaint for the deck which was being built without a permit. 2.2 It was determined through consultation with the Planning Department that the deck did not comply with the Zoning By-law and to proceed with the deck in its current location would require the approval of a minor variance application by the Committee of Adjustment. 2.3 While Figure 2 below illustrates approximately 6 metres (20 feet) between the deck and the rear property line, Staff prefer the sketch contained in Figure 3 which illustrates a setback of no less than 5.4 metres. In consultation with the applicant, the extent of the minor variance has been adjusted to 5.4 metres to allow for some leeway as the deck drawings are finalized, as the applicant proceeds through the building permit process, and as construction is completed. Photographs of the partially constructed deck are included as Figure 4. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 39 Kersey Crescent, Courtice, which is west of Prestonvale Road and south of Bloor Street (see Figure 1). The lot is approximately 408 square metres with an approximate frontage of 12 metres and an approximate depth of 34 metres. 3.2 The surrounding uses to the north, east, south and west are residential. To the south of the property is a subdivision currently under construction. 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 inquiry regarding the distributed public notice. The inquiry was from the By-law complainant who clarified that the initial complaint to Municipal By-law Enforcement was regarding safety and deficiencies in the construction process. No opposition was expressed towards the application. 5. Departmental Comments 5.1 The Infrastructure Division of Public Works has no concerns with this application. Municipality of Clarington Committee of Adjustment A2021-0034 Page 5 5.2 The Central Lake Conservation Authority has no concerns with this application. 5.3 The Building Division of Planning and Development Services has no concerns with this application. 5.4 Clarington Emergency and Fire Services Department has no fire safety concerns with this application. 6. Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 6.1 Both the Regional and Clarington Official Plans permit the residential use of the property. The deck is accessory to the residential use. 6.2 It is staff's opinion that the application conforms to the intent and purpose of both the Official Plans. Conformity with the intent and purpose of the Zoning by-law 6.3 The subject property is zoned "R2-12", which requires a minimum rear yard setback of 7.5 metres and allows decks and other structures to project into this setback up to 1.5 metres leaving a setback of 6 metres. The intent and purpose of allowing but limiting decks and other structures to project into required yard setbacks is to ensure sufficient rear yard amenity space and to provide adequate separation between the dwelling and the rear yard amenity space of an abutting property. 6.4 The intent and purpose of limiting lot coverage is to ensure adequate space is maintained as landscaped area. Regulations seek to prevent hard surfacing of the rear yard; ensure adequate landscape area to allow for infiltration and grading to accommodate for drainage. Public Works staff have not identified any technical concerns with the grading or stormwater management as a result of the proposed minor variances. 6.5 Adequate landscaped area and infiltration capacity will remain post -construction. No concerns have been raised by neighbours regarding impacts. 6.6 It is in staff's opinion that the proposed increased projection maintains sufficient outdoor amenity space, a sufficient rear yard setback, and has minimal impacts on stormwater management. For the above reasons, it is in staff's opinion that the proposal maintains the intent and purpose of the Zoning By-law. Municipality of Clarington Committee of Adiustment A2021-0034 Page 6 Desirable for the appropriate development or use of the land, building or structure 6.7 The appropriate development for the subject property is residential. The deck is accessory to the residential use. The proposed deck would improve the usability of the property for the current owner. 6.8 The proposed deck leaves a 5.4 metre setback from the rear property line. There will be approximately 64 square metres of living area in the back yard, in addition to the space under the deck. The proposed increase in lot coverage does not result in a significant loss of at -grade outdoor amenity space to the owner. 6.9 Soft landscaping will remain under the proposed deck, maintaining a degree of water infiltration capacity under the structure. 6.10 For the above stated reasons, it is in staff's opinion that the minor variance requested is desirable for the residential use of land and building. Figure 2: Drawing of approximate deck setbacks Municipality of Clarington Committee of Adjustment A2021-0034 Page 7 V5l1LT 5 DECLARATION: SEf�NAS ASSOCIATES PRWMAL 5 WTH X APPRM S)OW9011 LOT CRIM PLAIT. ROPDSEO IS CIVAIIBIE 111M W f,'WNG TIM. ember of the Sernas Grou OSEO DM"A, TONS 00 NOT Cp1611CT em Tay LOCATip1I OF ANY p Inc. NG s 110 Scotia Ct., Unit 41 aTAH :_S S A TES Whitby, Ontario L1 N 8Y7 o- vArtAPR 1 8 21M Phone: (905) 432-7878 LOT GRADING REVIEWED I� auICATh tl�Fasr amwwwts REGISTRATIMN INFORMATION. C14 C*4 Ir U' , QI Ims 0 @1 111G7! z RC N is < a p c A m l f) 7 rn 0 NtMInWMilrA� COVERAGE CALCULATION LOT NO.: 36 LOT AREA: 408.00 m' BLDG. AREA: 145.60 m' LOT. COV. (°%): 35.69 % LOT 3z 111,63 Rear r 4.7; 1]{ 5etba k +1- 5.4 m 11pb5 35 * 36 j1pp i[ ji b71 00 if Dec k E 3 f T 112.14 111.59 IR &A— A .e $ HANSE GULDEN A GOLF]EN r � $ 4007 'A' 4006 Y 4006 EL EL 'B' REV i EL 'A' RE D FF 111' FF ,14.5 DFF 11430 FW114.0TFW FW 1111 er 11.1 14.55 AF 1112.29 D 1 BF 1.74 D IF 110.E Im 2A _ 447 OF 2.06 LIFF 1.51 SM $: ` r911f 7R $ 'R ; rSo trs NO 140 ' r1165ig na 3 7.d5 ?S7 r 4 �YI1F 1i292 Z 311 '� — L CNF 111. ) g 114.13 j{9' � O r r�� N x � st 1x V jI „'a ! „ p 11 � 71.1YA7 ao ?: 4v 66; i Sm A'1W" wlm, r rt3" -WERWY LSn CME SF,FAWK KERSEY CRESCENT Figure 3: Site Plan for 39 Kersey, with rear yard setback for the proposed deck Municipality of Clarington Committee of Adjustment A2021-0034 Page 8 Figure 4: Photos of the rear yard and partially constructed deck Municipality of Clarington Committee of Adiustment A2021-0034 Minor in Nature Page 9 6.11 The deck provides space for entertaining/outdoor dining, while maintaining the grassed area as a suitable amenity space for current and future owners. 6.12 The Clarington Infrastructure Division of Public Works has no concerns regarding stormwater management with the proposal. 6.13 No objections have been received from neighbours, Clarington staff or relevant agencies. There are no technical reasons to reject the proposal. 6.14 A second storey deck at this height is permitted and the additional 0.6 metre of depth to the deck structure does not significantly increase privacy impacts to neighbouring properties. 6.15 For the above stated reasons, it is staff's opinion that the proposed increase to the permitted deck projection 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 this application for a minor variance to Sections 3.1 g. iv) and 13.2 e. of Zoning By-law 84-63 to facilitate the construction of a deck by increasing the permitted deck projection from 1.5 metres to 2.1 metres and increasing the maximum permitted lot coverage from 40% to 47% . Submitted by: Anne Tayl r Scott, Principal Planner Development Review Branch Staff Contact: Sean Jeffrey Interested Parties: Tarique Rahimi