HomeMy WebLinkAboutA2021-0037 75 Kilpatrick Crt Comments 10-28.pdf
Planning and Development Services
Committee of Adjustment
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Date of Meeting: October 28, 2021
File Number: A2021-0037
Address: 75 Kilpatrick Court, Bowmanville
Report Subject: A minor variance application to facilitate the construction of a deck by
increasing the rear yard deck projection from 1.5 metres to 4.1 metres
Recommendations:
1. That the Report for Minor Variance Application A2021-0037 be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application A2021-0037 for a minor variance to Section 3.1 g. iv) 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 4.1 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 A2021-0037 Page 2
1. Application Details
1.1 Owner
1.2 Applicant:
Parveen Lata
Hom Drafting and Design
1.3 Proposal Minor variance to Sections 3.1 g. iv) 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 4.1 metres
1.4 Area of Lot: 561 square metres
1.5 Location: 75 Kilpatrick Court, Bowmanville (see Figure 1)
1.6 Legal Description: Lot 2, Plan 40M-2580
1.7 Zoning: “Urban Residential Exception (R1-79) Zone” of Zoning By-law
84-63
1.8 Clarington Official
Plan Designation:
Urban Residential
1.9 Durham Region
Official Plan
Designation:
Living Area
1.10 Heritage Status: None
Municipality of Clarington
Committee of Adjustment A2021-0037 Page 3
Figure 1 – Location Map
Municipality of Clarington
Committee of Adjustment A2021-0037 Page 4
2. Background
2.1 The applicant wishes to replace an existing deck with a larger deck that projects further
into the rear yard setback than is permitted resulting in this minor variance application.
2.2 The applicant explained that the irregular shaped lot creates a pinch point between the
dwelling and rear yard, making the construction of a deck which conforms to the
regulations of the Zoning By-law difficult.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 75 Kilpatrick Court, which is east of Green Road and
north of Highway 2 (see Figure 1). The lot is approximately 561 square metres with an
approximate frontage of 10.5 metres and a varying depth between 31 and 40 metres.
3.2 The surrounding uses to the north, south and west are residential. To the rear (east) of
the property is a forested, Environmental Protection area owned by the Municipality.
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 inquiries regarding the application.
5. Departmental Comments
5.1 The Infrastructure Division of Public Works has no concerns with this application.
5.2 The Central Lake Conservation Authority has no concerns with this application but
states that a CLOCA permit is required for construction.
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.
Municipality of Clarington
Committee of Adjustment A2021-0037 Page 5
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 intent and purpose of allowing but limiting decks and other structures to project into
required yard setbacks 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; and, to limit the
area of raised decks in rear yards to minimize impacts to neighbouring residents.
6.4 The subject property is zoned R1-79, which requires a minimum rear yard setback of
7.5 metres. Decks and other structures are permitted to project into this setback up to
1.5 metres leaving a setback of 6 metres. The proposed deck encroachment does not
negatively impact the intent of the Zoning by-law. Adequate landscaped area and
infiltration capacity will remain post-construction. No concerns have been raised by
neighbours regarding impacts.
6.5 For the above reasons, it is in staff’s opinion that the proposal maintains the intent and
purpose of the Zoning By-law.
Desirable for the appropriate development or use of the land, building or structure
6.6 The appropriate development for the subject property is residential. The deck is
accessory to the residential use.
6.7 The subject lot is irregularly shaped and there is a pinch point where the rear yard
setback to the dwelling is reduced to 7.6 metres. The minor variance is being requested
to accommodate a portion of the proposed deck at this point between the dwelling and
rear yard.
6.8 The provided drawing showing the existing deck extends approximately 5.86 metres,
(including the staircase) from the rear of the house leaving a 3.41 metre setback from
the rear property line (Figures 2, 3 and 4 are included to provide additional details of the
proposal and the condition of the property.).
6.9 The development of the deck will not significantly impact the amount of grassed
landscape area available for current or future owners of the property.
Municipality of Clarington
Committee of Adjustment A2021-0037 Page 6
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: Proposed setbacks and overview of lot
Municipality of Clarington
Committee of Adjustment A2021-0037 Page 7
Figure 3: Drawings of proposed deck
Municipality of Clarington
Committee of Adjustment A2021-0037 Page 8
Figure 4: Point of reduced setback in rear yard
Municipality of Clarington
Committee of Adjustment A2021-0037 Page 9
Minor in Nature
6.10 The deck provides space for entertaining/outdoor dining, while not negatively impacting
landscape open space or lot coverage.
6.11 No objections have been received from neighbours, Clarington staff or relevant
agencies, and no technical reasons were raised that identified any concerns with this
increased projection.
6.12 Lands to the rear are zoned “Environmental Protection (EP) Zone”. There are no
abutting residences to the east. Side yard setbacks between the deck and abutting
residential properties satisfy the zone regulations. Any impacts from the proposed deck
being located closer to the rear lot can be considered negligible.
6.13 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 Section 3.1 g. iv) 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 4.1 metres.
Submitted by:
Anne Taylor Scott, Principal Planner
Development Review Branch
Staff Contact: Sean Jeffrey
Interested Parties:
The following interested parties will be notified of Committee's decision:
Gregory & Alyssa Paxton