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Home My WebLink AboutCD-22-99 ~ j<<- t ~ , Report #2 , THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: COUNCIL File # Date: June 14, 1999 Res. #C- -3Cfc:r<1'(. Report #: CD-22-99 By-law # Subject: STATUS REPORT - JOE DOMITROVIC - 3872 COURTICE ROAD, PART LOT 29, CONCESSION 3 OUR FILE: D14.DEV.98-001, V97/401 Recommendations: It is respectfully recommended: 1. THAT Report CD-22-99 be received; 2. THAT Council provide direction with respect to Mr. Domitrovic's request for a further one-year extension to relocate his business from 3872 Courtice Road, Part Lot 29, Concession 3; and 3. THAT all interested parties be advised of Council's decision. BACKGROUND At the Council meeting held on May 31, Council received a delegation from Joe Domitrovic requesting an extension to the one year that Council previously approved for him to relocate his vehicle repair business in Courtice. At that time, Council directed that a status report be prepared for Council's consideration on June 14, 1999. The following is a chronology of events surrounding Mr. Domitrovic's property: May 1996 - The By-law Enforcement Division received a complaint regarding Mr. Domitrovic's operation of a vehicle repair and paint shop. He was advised that he was operating on an agricultural piece of land that is in contravention of the Municipality's zoning by-law. He was further advised that he would need to either close his operation at that location or file an official plan amendment and rezoning application. September 1996 - Official Plan Amendment Application filed with the Region of Durham. '... Report CD-22-99 - 2 - June 14, 1999 Januaty 27, 1997 - Report PD-12-97 considered and referred back to staff to allow for the petition submitted by the applicant to be reviewed and confirmed and to review procedures of other municipalities regarding legal non- conforming uses. Februaty 10, 1997 - Addendum to Report PD-12-97 considered - Official Plan Amendment denied and Mr. Domitrovic given one year to relocate his business. October 27, 1997 - Following a resolution of September 29, 1997 directing staff to review the entire rezoning application, Report PD-152-97 is tabled to allow staff an opportunity to confer with the applicant and report further. November 18, 1997 - Complaint from neighbours indic{lting that Mr. Domitrovic has constructed a garage that encroaches onto their property. Januaty 12, 1998 - Addendum to Report PD-152-97 received and Report PD-152-97 received for information. Februaty 23, 1998 - Report PD-20-98 approved to refer the zoning by-law amendment that was initiated by the Municipality of Clarington on behalf of Mr. Joe Domitrovic, back to staff. March 30, 1998 - Motion to approve a temporaty zoning by-law without conditions was put to a vote and lost. June 15, 1998 - Motion by Council to grant Mr. Domitrovic a one year extension, to June 15, 1999, to relocate his business. June 24, 1998 - Certificate of Approval issued by the Ministry of the Environment for a paint spray booth located at the subject property received. May 3, 1999 - Letter from Senior Municipal Law Enforcement Officer to Mr. Domitrovic advising that if the use continued beyond June 15, 1999, legal action would be initiated pursuant to the provisions of the Zoning By-law. May 31, 1999 - Delegation of Joe Domitrovic requesting a further one year extension in which to relocate his business. During the delegation, Mr. Domitrovic submitted letters from several real estate agents to confirm that he has been looking, to no avail, for a suitable location for his business. (Letters attached hereto as Attachment No.1.) ", Report CD-22-99 - 3 - June 14, 1999 REPORT The above outlines the sequence of events which has taken place with respect to Mr. Domitrovic's application for Rezoning and Officia) Plan Amendment. The Senior Municipal Law Enforcement Officer confirms that the portion of the building constructed on Mr. Domitrovic's property which encroached onto his neighbour's property has been removed. Also, staff of the Planning Department state that Mr. Domitrovic has inquired about several properties and their potential for use as auto body shops. He first inquired about a vacant gravel pit and a property along Taunton Road. Both properties would have required regional and local official plan amendment, rezoning and site plan applications. The approval issues would have been similar to those encountered at the current location. A site along Baseline Road near Dom's Auto Wreckers was available. Although the property contained an existing auto body shop, an expansion to the facility would have required site plan approval, and hence the installation of underground water storage tanks for frrefighting purposes under the Ontario Building Code. Mr. Domitrovic also requested general information for the South Courtice industrial area. Although an auto body shop would be permitted on lands zoned "General Industrial (M2)", development would be subject to site plan approval. Development not serviced by municipal water supply must contain underground water storage tanks for firefighting purposes, which size depends on the size and type of operation. PROCEDURE BY-LAW At the Council meeting of May 31, 1999, a motion to grant a further one year extension to Mr. Domitrovic was lost. According to Section 18.15 of the Municipality's procedural by-law, the subject matter of a defeated motion may not be reintroduced or debated in any form without leave of Council upon a majority vote. In order for this matter to be considered the first order of business required will be a motion for leave. <', Report CD-22-99 - 4 - June 14, 1999 RECOMMENDATIONS This report has been prepared as per Council's May 31, 1999 resolution. Direction in this matter is requested. Reviewed by nv~.:::;~ Franklin Wu Chief Administrative Officer PLB / ms Attachment Interested parties to be advised of Council's decision: Ms. B. Petryshyn 1674 Taunton Road East Hampton, Ontario LOB IJO Mr. J. Domitrovic 3872 Courtice Road Courtice, Ontario LIE 2LS FRANK REAL ESTATE Attachment No.1 1111111111111111111111 ROYAL LEPAGE 1111111111111111111111 ASSOCIATE BROKER NETWORK Independently Owned and Operated, Broker 223 Brock Street North, Whitby, Ontario l1 N 4H6 Telephone (905) 668-6171 Fax (905) 668-0955 Toronto Area (905) 686-1821 BN# 89462 6886 May 11, 1999 To whom it may concern: Re: Mr. Joe Domitrovic, 3872 Courtice Road., Courtice, Ontario. LlE 2L5 Please be advised that Mr. Domitrovic has been actively working with me since January 1998 towards finding a suitable property in the Courtice area where he could re-locate his business and residence. To date he has been unable to find anything affordable or suitable for his purposes. Yours truly, ROYAL LEPAGE FRANK REAL ESTATE /l n I '-1 I\Jkb'1 '. . " Ann Radman, Sales Representative. ARlbh m HOW YOU FIND A GREAT REAL ESTATE AGENT... Branch Offices: Ajax, Whitby, Oshawa, Bowmanville, Bobcaygeon, Fenelon Falls May 6th, 1999. To Whom It May Concern: I have been actively searching for Joe Dornitrovic 3872 Courtice Road, Courtice to try to find a new property comparable to his current location since January 1998 and to-date have found nothing suitable in this area. I have been active in Real Estate since 1980. Sincerely, ) / / / / W:,: '/'// . :::. _ ./;...1- '-1..-'"1 . , Ken Vickery Sales Representative 600 King Street East, Oshawa, ON LlH 1G6 . Telephone: (905) 432-2000 T.O. Line (905) 619-9688 . Fax: (905) 432-3171 Consumer Friendly Real Estate ™ m ,"ALTOR" *~~iili:ii!d'illllllllll ROYAL LEPAGE k III1! ! !!ii Ii II 11111111 ASSOCIATE BROKER NETWORK FRANK REAL ESTATE / / Independently Owned and Operated, Broker 80 Athol Street East, OShawa, Ontario L 1 H 887 Telephone (905) 576-4111 Toronto Area (905) 686-5877 Oshawa Fax (905) 435-5383 leI/Head Office Fax (905) 435-5371 BN# 89462 6886 May 5, 1999 To Whom It May Concern: Since 1998, Joe Domitrovic asked me to find him land or a shop zoned M2, I notified him as new listings came on the market but unfortunately none were suitable for him, A na Ouyang Sales Representative w HOWYOU FIND A GREAT REAL ESTATE AGENT... Branch Offices: Ajax, Whirby, Oshawa. Bowmanville, Bobcaygeon, Fenelon Falls - . .. ***** '.' ~ ~ ~ .& ~ HIGHER If "% STANDARDS JI %.:"~4.db ,/ May 6, 1999 Home1ife Durham Real Estate Corp. 136 Bloor Street East Oshawa, Ontario L1H 3M4 (905) 720-0228 To whom it may concern: This letter has been prepared to inform you that Mr. Joe Domitrovic has been working with our firm for the past 9 months endeavouring to find a autobody shop suitable to his needs. At the time of writing we have yet to find any location that would suit his requirements. We are however still looking for a suitable location on behalf of Mr. Domitrovic. Yours truly, ~z~hf/~ (Broker-Owner) HomeLifeJDurbam Real Estate Corp. 136 Bloor Street East Osh.wa, ON LlH 3M4 Tel: (905) 720.0228 Fa:c (905) 721-1163