HomeMy WebLinkAboutA2021-0038 281 Bruce Cameron Drive Comments 10-28.pdf
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: October 28, 2021
File Number: A2021-0038
Address: 281 Bruce Cameron Drive, 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 3.4 metres and
increasing maximum lot coverage from 45% to 49%
Recommendations:
1. That the Report for Minor Variance Application A2021-0038 be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application A2021-0038 for a minor variance to Sections 3.1 g. iv) and 13.4.54
f. iii) b) 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 3.4 metres and increasing maximum
lot coverage from 45% to 49%, 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 A2021-0038 Page 2
1. Application Details
1.1 Owner/Applicant: Gregory & Alyssa Paxton
1.2 Proposal Minor variance to Sections 3.1 g. iv) and 13.4.54 f. iii) b) 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 3.4
metres and increasing maximum lot coverage from 45% to 49%
1.3 Area of Lot: 360 square metres
1.4 Location: 281 Bruce Cameron Drive, Bowmanville (see Figure 1)
1.5 Legal Description: Lot 87, Plan 40M-2606
1.6 Zoning: “Urban Residential (R2-54) Zone” of Zoning By-law 84-63
1.7 Clarington Official
Plan Designation:
Urban Residential
1.8 Durham Region
Official Plan
Designation:
Living Area
1.9 Heritage Status: None
Municipality of Clarington
Committee of Adjustment A2021-0038 Page 3
Figure 1 – Location Map
Municipality of Clarington
Committee of Adjustment A2021-0038 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 and is over the maximum lot coverage
permitted by the Zoning By-law.
2.2 The applicant explained that they would like to extend the deck to create additional
outdoor living space while having access to a stairway to their backyard at ground level.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 281 Bruce Cameron Drive, which is west of Middle
Road, east of Bowmanville Avenue and north of Concession Road 3 (see Figure 1). The
lot is approximately 360 square metres with an approximate frontage of 12 metres and
an approximate depth of 30 metres. The property is similar to surrounding residential
lots.
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 held in private ownership.
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 general inquiry seeking clarification about the distributed public
notice. No concerns or opposition was expressed towards 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.
Municipality of Clarington
Committee of Adjustment A2021-0038 Page 5
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 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 limit impacts to neighbouring residents.
6.4 The intent and purpose of limiting lot coverage is to ensure adequate space is
maintained as landscaped area relative to coverage by buildings and structures. Similar
to the regulations on deck projections, lot coverage regulations seek to prevent hard
surfacing of the lot and to ensure adequate landscape area to allow for infiltration.
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 The subject property is zoned R2-54, 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.
6.6 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
6.7 The appropriate development for the subject property is residential. The deck is
accessory to the residential use.
6.8 The dwelling and adjacent dwellings were constructed with an 8.43 metre setback,
leaving minimal space for projections. In Staff’s opinion the proposed deck is not
significantly oversized, and the minor variance can be attributed to a minimal rear lot
setback to the dwelling itself.
6.9 The provided drawing showing the existing deck extends approximately 3.05 metres (10
feet) from the rear of the house leaving a 4.16 metre setback from the rear property line
(Figures 2 and 3 are included to provide additional details of the proposal and the
condition of the property).
Municipality of Clarington
Committee of Adjustment A2021-0038 Page 6
6.10 The development of the deck will not significantly impact the amount of grassed
landscape area available for current or future owners of the property.
6.11 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: Drawings of proposed deck dimensions
Municipality of Clarington
Committee of Adjustment A2021-0038 Page 7
Figure 3: Photos of rear yard and existing decks (281 Bruce Cameron is the third property
in this row of houses)
Minor in Nature
6.10 The 10-foot deck provides space for entertaining/outdoor dining, while maintaining the
grassed area as a suitable amenity space for current and future owners.
6.12 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.
6.13 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 neighbourhood impacts from the
proposed deck being located closer to the rear lot can be considered negligible.
6.12 For the above stated reasons, it is staff’s opinion that the proposed increase to the
permitted deck projection is minor in nature.
Municipality of Clarington
Committee of Adjustment A2021-0038 Page 8
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 13.4.54 f. iii) b) of Zoning By-law 84-63 to facilitate
the construction of a deck by increasing the rear deck projection from 1.5 metres to 3.4
metres and increasing maximum lot coverage from 45% to 49%.
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