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HomeMy WebLinkAboutPSD-062-11 • Leading the Way REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 11, 2011 Resolution #: C-no-/i By-law#: Report#: PSD-062-11 File#:ZBA 2011-0014 Subject: TEMPORARY USE REZONING APPLICATION FOR SMALL ENGINE REPAIR BUSINESS APPLICANT: WES AND MARGARET KNAPP RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-062-11 be received; 2. THAT the application for proposed Zoning By-law Amendment under Section 39 (Temporary Use Provision) of the Planning Act submitted by Wes and Margaret Knapp to permit a small engine repair business in an attached garage to the principal residence for a maximum of three (3) years be refused; and 3. THAT all interested parties listed in Report PSD-062-11 and any delegations be advised of Council's decision. Submitted by: a/ Reviewed by: a ' `'°``� ` 0014 David I!Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer CS/CP/ah/df 30 June 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A61(905)623-3379 F(905)623-0830 REPORT NO.: PSD-062-11 PAGE 2 1.0 APPLICATION DETAILS 1.1 Applicant: Wesley and Margaret Knapp 1.2 Agent: Ronald Worboy 1.3 Proposal: To permit a small engine repair business in the garage attached to the principal dwelling for a maximum of three (3) years. 1.4 Area: 0.675 hectares 1.5 Location: 5105 Main Street, Orono, being in Lot 28, Concession 5, former Township of Clarke (Attachment 1) 2.0 BACKGROUND 2.1 On May 2, 2011, Mr. Ronald Worboy, on behalf of Mr. and Mrs. Knapp, submitted an application for a rezoning to permit a small engine repair business in a garage attached to the principal dwelling. The rezoning application was submitted under Section 39 of the Planning Act, which permits Council to pass a by-law for the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited by the by-law for a maximum of three (3) years. The application was deemed incomplete since the fees did not accompany the application. The fees were received on May 24, 2011 and the application was deemed complete. 2.2 In September 2010, Mr. and Mrs. Knapp applied to the Committee of Adjustment for a minor variance to expand the definition of home occupation in Zoning By-law 84-63 to permit the small engine repair business in the attached garage to their home. The Knapp's applied for the variance after being advised by By-law Enforcement that complaints had been received from neighbouring residents. 2.3 Mr. Knapp has operated the business from the garage since 1979. However it has only been in the past year that he has operated the business on a full time basis. Prior, the business was operated on a part time basis. The Township of Clarke By-law 1592, passed on May 23, 1968 did not permit a small engine repair business as a home occupation. Similarly the current Zoning By-law 84-63 does not permit the use as a home occupation. As such, the use does not have legal non-conforming status. 2.4 The application was not supported by Staff as it did not meet the home occupation criteria in the Clarington Official Plan and the Zoning By-law. The criteria for home occupation are intended to limit impacts of the home occupation on residential neighbourhoods. The nature of the complaints from area residents are noise, hours of operation and on-street parking problems. The repair business was taking place within the attached garage. Home occupations are to be completely contained within the REPORT NO.: PSD-062-11 PAGE 3 dwelling unit, excluding the garage. Staff determined that the use did not meet the criteria. At the Committee of Adjustment meeting of October 28, 2010, many area residents attended the meeting in support of the application. Immediate neighbours spoke in opposition to the application. The application was denied by the Committee of Adjustment. 2.5 Immediately following the Committee's decisions, Staff met with Mr. and Mrs. Knapp to discuss options for the business. One option was to move the business to another site, where it would be permitted. Another option was to "go mobile" whereby Mr. Knapp would drive to the home owners house or business establishment and repair the small engines on site. 2.6 Mr. and Mrs. Knapp elected to appeal the decision of the Committee of Adjustment. The appeal was to be heard on April 29, 2011. On April 19, 2011 Staff received a copy of a letter to the Ontario Municipal Board from Mr. Ronald Worboy, acting on behalf of Mr. and Mrs. Knapp, withdrawing the appeal. 2.7 On May 10, 2011 Mr. and Mrs. Knapp were charged by By-law Enforcement for failure to comply with the Zoning By-law and Sign By-law. Typically a remedy to Zoning By- law infractions is to legalize the use, hence this application. 3.0 LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The subject property is located on the south east corner of Main Street and Cobbledick Street in Orono, municipal address being 5105 Main Street. According to assessment records the home was built in 1900, with the attached garage and a covered porch, being added sometime later. The home encroaches on the Cobbledick Street road allowance (Attachment 2). e REPORT NO.: PSD-062-11 PAGE 4 3.2 The surrounding uses are as follows: North - single detached dwellings South - single detached dwellings East - single detached dwellings West - single detached dwellings 4.0 PROVINCIAL POLICY 4.1 Provincial Policy Statement 4.1.1 Orono is a "Settlement Area" in the Provincial Policy Statement (PPS). The PPS encourages a range and mix of residential and employment land uses within existing settlement areas. 4.2 Provincial Green Belt Plan 2005 4.2.1 Orono is a "Settlement Area" in the Greenbelt Plan. "Settlement Areas" within the Greenbelt support and provide significant economic, social and commercial functions to agricultural areas and rural areas in the Greenbelt. TowniVillages as identified in municipal Official Plans and within approved boundaries continue to be governed by the municipal Official Plan. 5.0 OFFICIAL PLAN POLICIES 5.1 Durham Regional Official Plan 5.1.1 The subject lands are designated as "Living Area" within the Durham Regional Official Plan. Lands within this designation shall be used predominantly for housing purposes incorporating the widest possible variety of housing types, sizes and tenure to provide living accommodations that address various socio-economic factors. A mix of uses such as certain home occupations, convenience stores, public and recreational uses which are compatible with their surroundings are permitted. Limited office development and retailing of goods and services in appropriate locations and as a component of mixed use development may also be permitted in "Living Areas" provided there are appropriate provisions and designations in the area municipal Official Plan. 5.2 Clarington Official Plan 5.2.1 The subject lands are designated as "Urban Residential" in the Clarington Official Plan. The predominant use of lands within "Urban Residential" designation shall be for housing purposes. Other uses may be permitted which by the nature of their activity, scale and design are supportive, compatible within and serve residential uses. These include corner stores, home based occupations, parks, schools and community facilities. REPORT NO.: PSD-062-11 PAGE 5 5.2.2 Home based occupation is defined as the use of a residential dwelling for the purposes of conducting businesses including professional offices, personal services, institutional services, home craft business, day care, bed and breakfast, repair services excluding small engines and vehicles. The Official Plan provides criteria for home-based occupations as follows: a) The use shall not change the residential character of the structure and is completely contained within the dwelling unit; excluding the garage space; b) The use does not exceed the equivalent of 30% of the habitable area of the residence; c) There is no exterior display of merchandise or outside storage of goods or material associated with the said use, and signage shall comply with the provision of the sign by-law, as amended from time to time; d) The use is not a public nuisance due to noise, glare, dust, odors, vibration, hours of operation, interruption of communication signals or traffic generation; e) Employees are limited to those residing in the dwelling unit plus one additional person; and f) There is adequate off street parking. 5.2.3 The Official Plan policies relating to Temporary Use By-laws state that Temporary Use By-laws may be passed to permit the use of lands, buildings or structures, on a temporary basis, for any purpose provided that: a) the proposed use is temporary in nature; b) the proposed use is compatible with the adjacent existing land uses, there is minimal impact on the Natural Features and Land Characteristics on Map `C', or satisfactory measures to mitigate any adverse impact will be applied; c) there will be no adverse impacts on traffic or transportation facilities or services in the area; d) adequate access and parking are provided; e) the use can be removed and the site can be restored to its original condition; f) adequate sewage disposal and water services are available in compliance with provincial and regional standards; and g) it does not jeopardize the long term implementation of the plan. 6.0 ZONING BY-LAW 6.1 Within Comprehensive Zoning By-law 84-63, as amended, the lands are zoned "Urban Residential Type One Exception (R1-2) Zone". A Zoning By-law Amendment was submitted in order to permit the proposed use on a temporary basis for a maximum of three (3) years. REPORT NO.: PSD-062-11 PAGE 6 7.0 PUBLIC NOTICE AND SUBMISSIONS 7.1 Public Notice was given by mail to each landowner within 120 metres of the subject sites. A Public Notice sign was installed on the property. 7.2 As of the date of writing this report, Staff have received three (3) inquiries from area residents who inquired about attending the public meeting in support of the application. Staff also have received one letter in support of the application. There have been two inquiries from neighbouring residents who do not support the small engine repair business in this location. 8.0 AGENCY COMMENTS 8.1 The Region of Durham advised that the subject lands are designated as Living Area within the Durham Regional Official Plan. "Living Areas" are to be used predominantly for housing purposes, with limited office development and limited retailing of goods and services. The proposed amendment is in conformity with the Regional Official Plan. The Region also advises that the application has been reviewed in accordance with the delegated provincial review responsibilities. Regarding the potential site contamination the Site Screening Questionnaire has been submitted but requires sign-off by a qualified person. The Region of Durham Health Department has no objection to the application for rezoning. The Region of Durham Works Department advises that the property is currently connected to the Regional water system. Regional sanitary sewers are not available to the site. 9.0 STAFF COMMENTS 9.1 Clarington Engineering Services notes that currently, Cobbledick Street is signed "NO PARKING" on the north side. By way of a letter survey recently conducted by the Engineering Services Department, the majority of Cobbledick Street property owners endorsed, maintaining the "NO PARKING" on this side of the street. In addition, in response to complaints by area residents pertaining to the inability of trucks turning onto Cobbledick Street from Main Street in the presence of cars parked near the intersection. staff consulted and agree with the Region of Durham and the Emergency Services Department with respect to signing the south side of Cobbledick Street "NO PARKING" for a distance of 25 metres from the Regional Road 17 intersection easterly. This no parking zone will be established in the near future. The Engineering Services Department does not support the approval of this application due to the lack of on-street and on-site parking in the vicinity of the engine repair business. REPORT NO.: PSD-062-11 PAGE 7 9.2 Staff explored whether additional parking can be accommodated on the subject property. There appears to be sufficient area to accommodate two cars side by side only leaving 2 metres to the property line, which is not sufficient room to accommodate another parking space for clients. Furthermore, given the comments from Engineering Services and Emergency Services regarding signing "NO PARKING" on the south side of Cobbledick Street to accommodate turning movements for emergency and other vehicles, there is no on-street parking opportunities in front of the property for clients. 9.3 The Clarington Emergency and Fire Services advise that if the rezoning is approved then an inspection is required. 9.4 In support of the application, Mr. Worboy provided information regarding various commercial uses within Orono, outside of the business establishments located on Main Street in Orono designated as "Village Centre" and zoned for commercial uses. (Attachment 3). Out of the 23 businesses identified, some appeared to be home occupations. Others are located at the east side of Orono within a "Special Purpose Commercial Exception (C4-2) Zone", "Light Industrial (M1) Zone", and "Hamlet Commercial Exception (C3-5) Zone"; all zones permitting commercial and industrial uses. Some uses identified would not appear to be permitted based on the current zoning of the property. However, no details on how long these businesses have been in existence was submitted. Staff did not examine in any detail whether such uses comply with the By-law provisions. 9.5 Regardless of Mr. Worboy's information, this application must be reviewed on its own merits. The Official Plan is explicit in its definition of small engine repair business and where the use is permitted. Small engine repair is permitted as home industry in the Official Plan. Home industries are permitted on lands that are designated "Prime Agricultural", "General Agricultural", "Natural Linkage Area" and "Green Space". Small engine repair services are not permitted in an "Urban Residential" designation. By the nature of the business, this use creates noise and may require the repairs to be conducted outdoors depending on the size of equipment. Additional space is also required to off load or load equipment. This use is permitted in rural areas to allow for greater distance between land uses. The criteria for home occupation are provided to protect neighbouring residents from businesses that cause nuisances such as noise, parking problems and hours of operation. Furthermore, one of the criteria for Council to consider is permitting a temporary use is to ensure that adequate parking can be accommodated. It cannot in this instance. 10.0 CONCLUSION 10.1 Mr. Knapp's small engine repair business has been in that location for many years. However, a small engine repair business is not permitted in the "Urban Residential" designation in the Clarington Official Plan. It does not meet the criteria for a Home Occupation, or the Temporary Use Provisions. As such, Staff recommend that this application be refused. Staff Contact: Cynthia Strike REPORT NO.: PSD-062-11 PAGE 8 Attachments: Attachment 1 - Key Map Attachment 2 - Knapp Property Attachment 3 - Mr. Worboy Submission List of interested parties to be notified of Council's decision: Mr. and Mrs. Knapp Mr. and Mrs. Ives Mr. Wolfram Klose Mr. Ronald Worboy Attachment 1 To Report PSD-8211 a ) k I ( r C \ , 2 E E 4 e�, _ « § k ^ CNI § ° I ®° N § CL ■ 2 ] e N o a. qq �m . � 2 H1nOS i]]alS HainHO , . . ( w u ± ± � ® b G CO 3 Z ± ± / / / CO o i33@US NI a | � . Attachment 2 To Report PSD-062-11 + o r- o N Q ' N w +: Y +r w f � J , m , 0 r, + t0 t, G� a t14J f •�.'• yr 0 L O d E r; L i 2 !" .t O a. LD , r� 0 t,r LO N ` W 9 ' 6Z 3 as 1332i1S NI` IN -F- - Attachment 3 Schedule "C" To Report PSD-062-11 NEIGHBOURHOOD LAND USE LOT 29 LOT 28 LOT 27 19 15 Heating&Air 5414 "115 110 ° Conditioning 14 1q9 1 143 _ 638 127 .N Acupuncture Clinic. 1z 1--� 32 31 =121 Daycare Centre < N 9 _ 631 Commercial srq�v 2 s a mo , 111 Orono Veterinarian 65 Hospital (Does not include ate,° Businesses in 5262 5zsa 97 Gibson Roofing Commercial Area z<2 as in 86 65 82 8 z Moore's Electric ¢ . 562 1 61 ' a N 6201 U " Restores Train ,20 6 6189 z Engines—Tractors 5176 O617 62 5160 105 Main Street 1 4 Mark Hobbs 561 . 57 Fr Foundation Avon Sales 5136 13 > 62 61 8 48 47 o Distributing 61oa z d' Allfab Welding 5094 85. 3 35 49 Reflexologist }50e6 6x77 z6 ao Z6 Durham Countertops 6081 21 36 0 4 M 6050. 6045 .18 17 32 ya.°n ,-- . .. L&M Machinery 6 3 14: 13• °15 Apple Blossom go 36 602a 1a a- 16° 9 ^� Auto Constructor Flower Inventory 6016 B .3,• N 3 6006 5005 2 Landsca in & 3448 3490 P. 9 - AD6 -9 ur m N N M ut Snowplow Business Builds Furniture o 346 488 5 4990 981 ' M m Carpentry Business "a it? 5 98 et "Party Lights" 34so a4 7 zo 19 49a '76--Plumbing Business Candle&and E y Handy Man �- z Z U Grundy 3510 Upholstery a WR Contracting 4636 Property Locati®n Map.(Orono) N Storage Yard for Pro Lawn Landscaping NOTE: ABOVE VILLAGE MULTI-USE DIAGRAM ONLY RELATES TO SOUTH PART OF ORONO — SOUTH OF BUSINESSES IN COMMERCIAL AREA.