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HomeMy WebLinkAboutA2020-018 5 Gearings comments July 23c1twingwn Planning Services Committee of Adjustment Date of Meeting: July 23, 2020 File Number: A2020-0018 Report Subject: A minor variance application to permit a Bed and Breakfast Establishment on a property zoned Residential Estate. Recommendations: 1. That the Report for Minor Variance Application A2020-0018 be received; 2. That application A2019-0018 for a minor variance to section 8.1 of Zoning By-law 84-63 to permit a Bed and Breakfast Establishment on a property zoned Residential Estate be denied because it does not conform to the intent of the Zoning By-law, is not considered to be desirable for the residential use and thus not minor in nature; and 3. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2020-0018 Page 2 1 Application Details 1.1 Applicant/Owner: Stephanie and David Jukes 1.2 Proposal: A minor variance to section 8.1 of Zoning By-law 84-63 to permit a Bed and Breakfast Establishment on a property zoned Residential Estate (RE). 1.3 Area of Lot: 5584 square metres 1.4 Location: 5 Gearings Lane, Courtice (see Figure 1) 1.5 Legal Description: Part Lot 33, Concession 3, Former Township of Darlington 1.6 Zoning: Residential Estate (RE) Zone of Zoning By-law 84-63 1.7 Clarington Official Plan Designation: Estate Residential 1.8 Durham Region Official Plan Designation: Country Residential Subdivision 1.9 Heritage Status: None Municipality of Clarington Committee of Adjustment A2020-0018 Figure 1 — Location Map Page 3 Municipality of Clarington Committee of Adjustment A2020-0018 2 Background Page 4 2.1 The property owners applied for a minor variance to permit a Bed and Breakfast Establishment because the property is zoned Residential Estate (RE), which does not permit the proposed use. 2.2 After the application was scheduled to be on the Committee of Adjustment agenda on June 4, 2020, Planning Staff received a large number of comments from immediate neighbours and other residents in the Municipality and beyond. These comments have been provided to Committee Members. 2.3 Some of the comments that Staff received included accusations that the applicants were operating home businesses and a wedding event venue or banquet hall at the property. There was enough evidence that Staff felt it should be looked into and asked the Committee to Table (defer a decision) the application for up to 60 days so Staff could investigate. 2.4 As part of this investigation, Staff found that a volunteer group Dine on Desserts which hosts events at various event centres to raise money for charities lists the contact address as 5 Gearings Lane. Staff also found that a photography business Jukes Photography lists 5 Gearings Lane as the mailing address. 2.5 On June 15, 2020, Staff met with the applicants at the subject property. During this visit staff witnessed the following relevant information: • Two home offices; and • A detached garage that conformed to zoning regulations. 2.6 During that visit, the applicants shared the following relevant information: That Ms. Jukes does operate a photography business, but at the subject property it is only of friends and family and she does not charge for photos taken at the subject property; and • That the owners have hosted weddings, one per year, and they have all been for friends and she has not charged for these hosting's. 3 Land Characteristics and Surrounding Uses 3.1 The subject property is located at 5 Gearings Lane, which is south of Pebblestone Road and west of Tooley Road (see Figure 1). The property is a large estate lot, approximately 5584 square metres with an approximate frontage of 65 metres and depth of 82 metres. The property is irregularly shaped but similar to surrounding residential properties. 3.2 The surrounding uses to the north, south, and east are residential in the form of single detached estate dwellings similar to the dwelling on the subject property. To the west, behind the property, is a large crop field zoned Agricultural (A) and Environmental Protection (EP). Municipality of Clarington Committee of Adjustment A2020-0018 4 Public Notice and Submissions Page 5 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 As of the day of writing this report, Planning Staff have received phone calls and emails from neighbours who have concerns about permitting a Bed & Breakfast at the subject property. These concerns include claims that there are other businesses operating out of the property's accessory structure and there is online evidence to support these claims. Staff received emails from a neighbour with concerns about permitting a Bed & Breakfast and provided photos and links to websites to support their claim of existing businesses operating at the subject property. 4.3 As of the day of writing this report, all members of the public who expressed concerns about the application wished their names and addresses remain confidential. 4.4 Staff have also received emails from individuals in support of the Bed and Breakfast. 5 Departmental Comments 5.1 The Clarington Engineering Services Department has no concerns with this application. 5.2 The Clarington Building Division has no concerns with this application. 5.3 The Clarington Emergency Services states that a Bed and Breakfast would need a change of use building permit. 6 Discussion Conformity with the intent and purpose of the Regional and Clarington Official Plans 6.1 The Regional Official Plan designates the subject property as Country Residential Subdivision. While Bed & Breakfasts are only specifically permitted in Prime Agricultural Areas and Natural Core Areas, the proposed uses appear to conform to the Plan's policies. 6.2 The Clarington Official Plan designates the subject property as Estate Residential. The policies for these areas permit Home -based Occupations. The definition of Home -based Occupations includes Bed and Breakfast. 6.3 For the above stated reasons, it is staff's opinion that the application conforms to the intent and purpose of both the Official Plans. Municipality of Clarington Committee of Adjustment A2020-0018 Conformitv with the intent and purpose of the Zonina By-law Page 6 6.4 The subject property is zoned Residential Estate (RE) in Zoning By-law 84-63. The permitted uses in the RE zone are only single detached dwellings. Home occupations are permitted in specific residential zones, but not in the RE zone. 6.5 The Zoning By-law defines a Bed and Breakfast as a Home Occupation. 6.6 As per section 3.3 of Zoning By-law 84-63, where a Bed & Breakfast is a permitted Home Occupation, the dwelling is not permitted to be used simultaneously for any other Home Occupation, such as a business, professional or administrative office. 6.7 A home office is considered a "Business, professional or administrative office" which is a permitted Home Occupation as per section 3.11 of Zoning By-law 84- 63. 6.8 As discussed in the Background section above, there are two separate home offices within the dwelling. These are considered Home Occupations and are not permitted in the RE zone. The application is to permit a Bed and Breakfast, but there are already two home occupations at the subject property and a Bed and Breakfast is only permitted so long as no other home occupations are operating simultaneously. 6.9 Thus, for the proposal to conform to zoning, the variance would have to permit a Bed and Breakfast and permit the simultaneously existing Home Occupations. 6.10 By-law 2003-088 amended Zoning By-law 84-63 to allow Bed and Breakfasts as Home occupations in a number of residential zones but did not include Residential Estate Zone. 6.11 Staff report PSD-127-02 provided Clarington Council information on permitting Bed and Breakfasts (which was implemented by By-law 2003-088). This report discusses other potential uses alongside Bed and Breakfast establishments. Where a Bed and Breakfast is proposed in addition to other home occupation uses, the report states that site plan approval and site -specific rezoning may be more appropriate than allowing it as of right. Thus, the possibility of permitting Bed and Breakfast establishments in a dwelling with other home occupations was considered and was not permitted as of right. 6.12 It is in Staff's opinion that the proposal is not in conformity with the intent of the Zoning By-law. To permit a Bed and Breakfast along with the existing Home Occupations, the appropriate route of approval is through a Zoning By-law Amendment. Desirable for the appropriate development or use of the land, building or structure 6.13 The appropriate use of the subject property is the existing residential use along with accessory structures. A small scale home occupation, such as an office or Municipality of Clarington Committee of Adjustment A2020-0018 Page 7 personal service shop would be considered an appropriate accessory use, but would require a minor variance. A Bed and Breakfast alone begins to move away from a small scale accessory use and adding that to the existing home offices moves it closer to a more substantive use in the residential estate home. 6.14 A full Zoning By-law Amendment with the public process and approval of Council is required for the proposed Bed and Breakfast and existing home occupations to be considered a desirable and appropriate use of the subject property. 6.15 It is in Staff's opinion that the minor variance requested is not desirable for the residential use of land until Council endorses a site specific Zoning By-law Amendment for the subject property. Minor in Nature 6.16 The proposed Bed and Breakfast appears to have policy support from the Regional and Municipal Official Plans. However, the intent of the Zoning By-law is not being met and without meeting the intent of the Zoning By-law, the proposal cannot be considered to be desirable for the residential use of land. Approving the additional uses Bed and Breakfast along with simultaneously existing home occupations is not minor and requires a Zoning By-law Amendment. 6.17 Thus, it is in Staff's opinion that the proposal is not considered minor in nature. 7 Conclusion 7.1 Based on Staff's review, the application appears to conform to the intent and purpose of the Regional and Municipal Official Plans. However, the application is not in conformity with the intent of the Zoning By-law and is not considered to be desirable for the residential use of land and is therefore not deemed to be minor in nature. 7.2 Given the above comments, Staff recommends denying this application. G+ Submitted by: Cynthia Strike, Principal Planner, Development Review Branch The following is a list of interested parties to be notified of the Committee's decision: Stephanie and David Jukes Additional IP's