HomeMy WebLinkAboutFinal Combined A2021-0036 47 Forrester Drive Comments 10-28.pdf
Planning and Development Services
Committee of Adjustment
Addendum Report to the September 28, 2021
A2021-0036 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: October 28, 2021
File Number: A2021-0036
Address: 47 Forrester Drive, Bowmanville
Report Subject: A minor variance application to permit the existing accessory structure
(shed) by decreasing the minimum interior side yard setback from 0.6
metres to 0.2 metres and by decreasing the minimum rear yard setback
from 0.6 metres to 0.2 metres.
Recommendations:
1. That the Report for Minor Variance Application A2021-0036 be lifted from the table;
2. That the Addendum Report for Minor Variance Application A2021-0036 be received;
3. That all written comments and verbal submissions were considered in the
deliberation of this application;
4. That application A2021-0036 for a minor variance to Section 3.1 c. of Zoning By-law
84-63 to permit the existing 2.5 square metre accessory structure (shed), having a
height of 2.2 metres, by decreasing the minimum interior side yard setback from 0.6
metres to 0.2 metres and by decreasing the minimum rear yard setback from 0.6
metres to 0.2 metres, be approved subject to the following condition:
a. That the existing drainage patterns remain unaltered as per the lot grading
certification issued on April 8, 2013; as surface runoff must be able to pass
underneath the elevated structure as well as the south fence to avoid
ponding;
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 A2021-0036 Page 2
1. Background
1.1 This application before the Committee of Adjustment is linked to a By-law enforcement
complaint. In July 2021, Staff received a phone call from the applicant who was advised
from Municipal Law Enforcement to discuss a potential minor variance application
regarding an existing shed located in their rear yard.
1.2 The applicant advised Staff they were unable to relocate the shed due to the placement
of a permanent shed platform that was constructed over the swale along the rear fence
line, as well as aesthetic preferences of locating the shed in the corner of the rear yard.
1.3 Prior to the Committee of Adjustment meeting on September 28, 2021, Staff had
discussed with the applicant the purpose of the recommendation to table the application
based on the concerns and comments received from Public Works. On September 28,
2021 the Committee of Adjustment tabled the application for a period of up to sixty (60)
days to allow the applicant to further discuss zoning, grading and drainage issues with
Staff.
1.4 On October 4, 2021, Staff from Planning & Development Services and the Public Works
Department conducted a site visit and assessed the swale, the conditions on the
property as well as the adjacent properties. After further analysis and discussion with
the applicant/homeowner, Staff from Public Works confirmed they did not have major
concerns with application for minor variance.
1.5 During the site visit, the applicant explained her intent to sell the property. Staff clarified
that should the minor variance be approved; the variance would continue to apply to the
property and the existing shed regardless of different ownership in the future
1.6 The surrounding uses are residential. To the north, south and east are the same form of
townhouses. Single detached dwellings are located to the west.
2. Public Notice and Submissions
2.1 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.
2.2 Staff received one public submission from a neighbouring property, who explained the
rear fence on the subject property was adjusted in May 2021, and the shed moved
closer to the original property line. Concerns were raised regarding potential damage to
the fence and the neighbouring property due to the reduced setbacks.
2.3 Staff also received one phone call from a nearby resident who inquired about the
application. They did not express any comments or concerns.
Municipality of Clarington
Committee of Adjustment A2021-0036 Page 3
3. Departmental and Agency Comments
3.1 The Infrastructure Division of Public Works has reviewed the application and has no
objection to the following minor variance on the condition that the existing drainage
patterns remain unaltered as per the lot grading certification issued on April 8, 2013.
Surface runoff must be able to pass underneath the elevated structure as well as the
south fence to avoid ponding.
3.2 The Building Division of Planning and Development Services has reviewed the
application and has no objections.
3.3 Clarington Emergency and Fire Services Department has reviewed the application and
has no objections.
3.4 The Special Projects branch of Planning & Development Services has reviewed the
application and does not have comments or concerns.
3.5 The Central Lake Ontario Conservation Authority (CLOCA) offered no comments as the
subject property is not within the CLOCA regulated area.
3.6 The Regional Municipality of Durham’s Works Department offered no comments
regarding the application.
4. Discussion
Conformity with the intent and purpose of the Regional and Clarington Official Plans
4.1 The subject property is designated “Living Areas” in the Durham Region Official Plan
and is designated “Urban Residential” in the Clarington Official Plan.
4.2 Both the Regional and Clarington Official Plans permit the residential use of the
property.
Conformity with the intent and purpose of the Zoning By-law
4.3 The subject property is zoned “Urban Residential Exception (R3-20)” in Zoning By-law
84-63. An accessory structure such as a shed are permitted within urban residential
zones, subject to the regulations contained in Section 3.1 c. of the Zoning By-law.
4.4 The existing shed is setback from the rear property line of approximately 0.2 metres and
is setback from the interior side property line of approximately 0.2 metres as well. The
minimum required rear and interior side yard setbacks are 0.6 metres to ensure
appropriate drainage flow on the subject property and maintain adequate space for
maintenance around the accessory structure.
Municipality of Clarington
Committee of Adjustment A2021-0036 Page 4
4.5 The Public Works Department has confirmed they have no objection to the application
so long as the existing drainage patterns remain unaltered to allow surface run-off as
described in Section 3.1 of this report.
4.6 The rear and interior side yard setbacks for accessory buildings also ensure appropriate
separation of structures between neighbouring properties and to alleviate impacts
between uses and buildings in rear yard amenity spaces. Staff have included
clarification in the recommendation that the subject minor variance, if approved, would
only apply to the existing structure as is and any increase in size of the existing
structure or the placement of a new shed would have to comply with the Zoning By-law
regulations in place at the time.
4.7 All other applicable zoning regulations are complied with.
4.8 For the above stated reasons, it is Staff’s opinion that the application is in conformity
with the intent and purpose of the Zoning By-law.
Desirable for the appropriate development or use of the land, building or structure
4.9 The existing shed remains accessory to the primary residential use and is appropriate in
providing additional storage for personal effects. The existing shed location in the corner
of the rear yard while close to the property line is not significantly taller than the existing
privacy fence and does not result in significant impacts to the neighbourhood.
4.10 The shed is currently situated on a wooden platform block with a ramp that assists the
homeowner with access to their belongings (Figures 1 and 2). The wooden platform is
meant to elevate the shed above the swale underneath and accommodate the water
flow while maintaining a desirable location for the shed.
Figures 1 & 2 – Wooden deck platform above the swale
Municipality of Clarington
Committee of Adjustment A2021-0036 Page 5
4.11 As previously described in Section 3.1, the Public Works Division is satisfied that the
existing location and placement of the shed do not directly conflict with the drainage
pattern on the property and neighbouring properties. Staff do not see any other
technical reasons why the minor variance application should not be supported.
4.12 For the above stated reasons, it is Staff’s opinion that the application is desirable for the
appropriate development or use of the land and structure.
Minor in Nature
4.13 A reduction in the rear and interior side yard setback from 0.6 metres to 0.2 metres is
not a significant reduction as there is still space between the shed and the fence lines.
4.14 The shed is quite small and does not contravene the other applicable zoning provisions
or impose any other concerns. An adequate amount of space surrounding the shed
must be maintained to accommodate drainage.
4.15 Staff’s recommendation applies to only this shed going forward. Any increase in size to
this shed or should the owner wish to construct a new shed would have to meet the
regulations of the Zoning By-law.
4.16 For the above stated reasons, it is Staff’s opinion that the application is considered to be
minor in nature.
5. Conclusion
5.1 Based on Staff’s review of the application, the application conforms with the intent and
purpose of the Regional and Municipal Official Plans, conforms with the intent and
purpose of the Zoning By-law, is desirable for the appropriate use of the land and
structure, and is considered to be minor in nature.
5.2 Given the above comments, Staff recommends approving this application for minor
variance to Section 3.1 c. of Zoning By-law 84-63 to decrease the rear and interior side
yard setbacks from 0.6 metres to 0.2 metres for the existing 2.5 square metre accessory
structure (shed), having a height of 2.2 metres, subject to the following condition:
a. That the existing drainage patterns remain unaltered as per the lot grading
certification issued on April 8, 2013; as surface runoff must be able to pass
underneath the elevated structure as well as the south fence to avoid ponding;
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.
Municipality of Clarington
Committee of Adjustment A2021-0036 Page 6
Submitted by:
Anne Taylor Scott, Principal Planner
Development Review Branch
Staff Contact: Aibelle Babista, Planner I, 905-623-3379 extension 2425 or
ababista@clarington.net .
Interested Parties:
The following interested parties will be notified of Committee's decision:
Kristin Cranney
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: September 28, 2021
File Number: A2021-0036
Address: 47 Forrester Drive, Bowmanville
Report Subject: A minor variance application to permit the existing accessory structure
(shed) by decreasing the minimum interior side yard setback from 0.6
metres to 0.2 metres and by decreasing the minimum rear yard setback
from 0.6 metres to 0.2 metres.
Recommendations:
1. That the Report for Minor Variance Application A2021-0036 be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application A2021-0036 for a minor variance to Section 3.1 c. of Zoning By-law
84-63 to permit the existing accessory structure (shed) by decreasing the minimum
interior side yard setback from 0.6 metres to 0.2 metres and by decreasing the
minimum rear yard setback from 0.6 metres to 0.2 metres, be tabled for a period of
up to sixty (60) days to allow the applicant to further discuss zoning, grading and
drainage issues with Staff; and
4. That all interested parties listed in this report be forwarded a copy of Committee’s
decision.
Municipality of Clarington
Committee of Adjustment A2021-0036 Page 2
1. Application Details
1.1 Owner/Applicant: Kristin Cranney
1.2 Proposal: A minor variance to Section 3.1 c. of Zoning By-law 84-63 to
permit the existing accessory structure (shed) by decreasing
the minimum interior side yard setback from 0.6 metres to
0.2 metres and by decreasing the minimum rear yard
setback from 0.6 metres to 0.2 metres
1.3 Area of Lot: 270 square metres
1.4 Location: 47 Forrester Drive, Bowmanville (Figure 1)
1.5 Legal Description: Parts 1 & 2, Plan 40R-28017, Part Lot 10, Concession 2,
Former Township of Darlington
1.6 Zoning: Urban Residential Exception (R3-20) of Zoning By-law 84-63
1.7 Clarington Official
Plan Designation: Urban Residential
1.8 Durham Region
Official Plan
Designation: Living Areas
1.9 Heritage Status: None
Municipality of Clarington
Committee of Adjustment A2021-0036 Page 3
Figure 1 – Location Map
Municipality of Clarington
Committee of Adjustment A2021-0036 Page 4
2. Background
2.1 This application before the Committee of Adjustment is linked to a complaint received.
In July 2021, Staff received a phone call from the applicant who was advised from
Municipal Law Enforcement to discuss a potential minor variance application regarding
an existing shed located in their rear yard.
2.2 The applicant advised Staff they were unable to relocate the shed due to the placement
of a shed platform that was constructed over the swale along the rear fence line, as well
as aesthetic preferences of locating the shed in the corner of the rear yard.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is an end-unit townhouse located at 47 Forrester Drive in the
Fenwick neighbourhood of Bowmanville. The property is east of Liberty Street North,
south of Longworth Avenue and north of the Canadian Pacific Rail Line. Within the rear
yard of the property exists a deck, a gazebo and interlocked pad, and the existing shed
(Figures 2 and 3). The shed is placed on a wooden platform above the swale (Figures 4
and 5).
3.2 The surrounding uses are residential. To the north, south and east are the same form of
townhouses. Single detached dwellings are located to the west.
Figures 2 & 3 – Photos of the existing deck, gazebo and shed in the rear yard.
Municipality of Clarington
Committee of Adjustment A2021-0036 Page 5
Figures 4 & 5 – Wooden deck platform above the swale
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 (1) public submission, stating objection to the proposed minor
variance. The comments stated the shed was relocated to be 0.2 metres from the
abutting fence that was reconstructed in May 2021. The comments also expressed
concern for non-compliance with the Zoning By-law setbacks which would ultimately
lead to damaging the fence and abutting properties due to the increase in water flow
and snow in the winter.
5. Departmental and Agency Comments
5.1 The Infrastructure Division of Public Works has reviewed the application and requests
that the applicant move the existing shed to accommodate a rear and side yard setback
of 0.6 metres due to the proximity of the existing rear yard swale required for the
drainage of the applicant’s lot as well as the adjacent lots.
5.2 The Building Division of Planning and Development Services has reviewed the
application and offered no comments.
5.3 Clarington Emergency and Fire Services Department has reviewed the application and
offered no comments.
Municipality of Clarington
Committee of Adjustment A2021-0036 Page 6
5.4 The Special Projects Branch of the Planning and Development Services Department
has reviewed the application and does not have comments or concerns.
5.5 The Central Lake Ontario Conservation Authority (CLOCA) offered no comments as the
subject property is not within the CLOCA regulated area.
6. Conclusion
6.1 Given the above comments, Staff recommends this application for minor variance to
Section 3.1 c. of Zoning By-law 84-63 to decrease the rear and interior side yard
setbacks from 0.6 metres to 0.2 metres, be tabled for a period of up to sixty (60) days to
allow the applicant to further discuss zoning, grading and drainage issues with Staff.
Submitted by:
Anne Taylor Scott, Principal Planner
Development Review Branch
Staff Contact: Aibelle Babista, Planner I, 905-623-3379 extension 2425 or
ababista@clarington.net .
Interested Parties:
The following interested parties will be notified of Committee's decision:
Kristin Cranney