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HomeMy WebLinkAbout75-158Report No. 158 REPORT ON REZONING APPLICATION for KLAUS ZULAUF - Lot 1 , Concession former Township of Clarke: - 1. Purpose of Application - On June 4, 1995, an application was received for the rezon- ing of lot 189 concession 1, Clarke. This 349200 square foot parcel is presently zoned "Agricultural". The applicant is requ- esting an amendment to the Clarke Zoning By-law to change the status of the existing legal non -conforming use, a snack bar, and to enable him to construct a restaurant on the site. 2. Official Plan Provisions - The site is presently designated "Rural" in the Interim District Plan. This designation permits the recognition of exist- ing development in the zoning by-laws even though these do not conform with the plan designation for the general area. Since this site has been used for commercial purposes for twenty-five years, it would appear to conform to this provision. 3. Zone Provisions - The subject site is zoned "Agricultural" in the Clarke Zoning By-law. Since the commercial use was established twenty- five years -ago, before the passing of this By-law, it qualifies as a legal non -conforming use. A legal non -conforming use may not be expanded. Since he wishes to establish a restaurant and a gift shop on the site, the applicant is requesting a rezoning to "Highway Commercial". While the restaurant would be permitted 2 _. in this zone, the gift shop proposed for the area presently occu- pied by the snack bar is not permitted under this zoning category. �+. Circulation of Application - The application was circulated to the following agencies for their comments: 1. Ontario Provincial Police 2. Durham Regional Police 3. Ministry of the Environment 4. Durham Health Unit 5. Ministry of Natural Resources 6. Ministry of Transportation and Communications 7. Newcastle Works Department 8. Newcastle Building Department 9. Newcastle Fire Department The Ontario Provincial Police did not reply and were assumed. to have no comments. 5. Resume of Comments - 1. The Durham Regional _Police - advised that they did not feel that the application would have any effect on their policing of the area. 2. The Ministry of the Environment - stated that they will comment on this application at such time as it is under review by the Ministry of Housing. 3. The Durham Health Unit - advised that they had no objec- tions to this proposal. However, staff felt that there could be a problem providing adequate sewage disposal fac- ilities. For this reason, Mr. Connor was telephoned and more detailed information was requested. At this time, 3 - 3. (continued).... it was discovered that the installation of a sewage disposal unit on the site would prove to be difficult. It was felt that the lot is of insufficient size to accommodate the restaurant, especially with washrooms, and that a sewage disposal permit would not likely be given for the proposed restaurant. It is our opinion that this information should be given in the original comments and not left for us to discover by chance. 4. The Ministry Qf Natural Resources - stated that this proposal does not affect their programmes or policies. 5. The Ministry of Transportation and COMMIMications - advised that since this location already has an approved commercial entrance, they would have no objections to the rezoning. However, any new buildings would require Land Use Permit Applications. 6. The Newcastle Vorks Department - advised that since the pro- posal fronts on a Kings Highway, they,cannot comment at this time. 7. The Newcastle Building_ Department - advised that they had no comments on this proposal. 8. The Newcastle Fire Department - stated that the proposed separation of the restaurant from the existing building is quite acceptable and far more desirable than the existing con- 8. (continued).... dition. However, they specified the following requirements: (1) Kitchen shall have a 3/4 hour fire separation from the remainder of the building. (2) Commercial Cooking Equipment shall comply with N.F.P.A. 96 -Vapor Removal from Cooking Equipment. (3) Fuel fired heating appliances shall be located in a service room and shall be separated from the remainder of the building by a fire separation, having a fire resistance rating of 1 hour. (4) Necessary portable fire extinguishers. 6. Comments - This rezoning would be possible under the provisions of the Interim District Plan. Although the subject site fronts on High- way 2, a limited access highway, the Ministry of Transportation and Communications has already approved a commercial entrance at this point and has no objections to this proposal. There would, therefore, appear to be no impediment to the rezoning of this property to recognize the existing use. However, the site plan proposed by the applicant suggests the construction of a restaurant and the renovation of the exist- ing snack bar to a gift shop. There are several problems assoc- fated with this proposal. Firstly, the applicant is proposing to establish a gift shop in the existing snack bar. Gift shops are not permitted in a Highway Commercial Zone except as an accessory use to a restaurant. - 5 - 6. Comments - (continued)...... The second problem is the major one. It appears that the Health Unit does not consider the site large enough to accommo- date tile beds for both the existing and proposed uses on the lot. For this reason, it is highly doubtful whether a permit would be issued by the Health Unit unless the existing uses were removed. It is, therefore, recommended that the subject site be zoned "Highway Commercial" in the new Zoning By-law, but that the applicant be informed that this rezoning recognizes the existing use only and that permission to erect any new buildings on the lot will depend on hi ability to conform with Health Unit and Ministry of Transportation and Communication regulations. Respectfully submitted, George F. Howden, Planning Director.