HomeMy WebLinkAboutA2021-0033 51 Millburn Dr Comments Complete 09-28Planning Services
Committee of Adjustment
Addendum Report to the August 26, 2021
A2021-0033 Report
Date of Meeting: September 28, 2021
File Number: A2021-0033
Address: 51 Milburn Drive, Bowmanville
Report Subject: A minor variance application to permit a catering business as
a home occupation within the existing residential dwelling
Recommendations:
That the Report for Application A2021-0033 be lifted from the table;
That the Addendum Report for Minor Variance Application A2021-0033 be
received;
That all written comments and verbal submissions be considered in the deliberation
of this application;
That application A202-0 03 for m inor variance to Section 12.4.41 of Zoning By-
law 84-63 to permit a catering business as a home occupation within the existing
dwelling be approved subject to fulfilling the condition that all applicable approvals
from the Region of Durham Health Department and Building permits are obtained
for the home occupation, as required, 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
That all interested parties listed in this report be forwarded a copy of Committee’s
decision.
Municipality of Clarington
Committee of Adjustment A2021-0033 Page 2
1 Background
1.1 The applicant is proposing a catering business within the dwelling. The existing
exception zone does not permit home occupations. A minor variance is needed to
permit the home occupation.
1.2 Based on the information provided by the applicant, the home occupation will take
place within the kitchen, is limited only to members within the existing household
and will be a delivery-based business.
1.3 On August 26, 2021 application A2021-0033 was tabled by the Committee of
Adjustment as the owner did not appear at the scheduled hearing. The Committee
of Adjustment recommended tabling the application until the September 28, 2021
meeting to give the applicant and Committee of Adjustment members an
opportunity to discuss comments and questions.
2 Public Notice and Submissions
2.1 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.
2.2 Staff did not receive any comments or inquiries regarding the distributed public
notice during the first circulation, nor the second.
3 Conclusion
3.1 Staff comments and analysis remains unchanged from the previous report. The
purpose of this meeting is to allow the applicant to be present for the hearing.
3.2 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.
3.3 Given the above comments, Staff recommends approving this application for a
minor variance to Section 12.4.41 of Zoning By-law 84-63 and more specifically to
permit a catering business as a home occupation within the existing dwelling
condition that all applicable approvals from the Region of Durham Health
Department and Building permits are obtained for the home occupation, as
required.
Municipality of Clarington
Committee of Adjustment A2021-0033 Page 3
Submitted by:
Anne Taylor Scott, Principal Planner,
Development Review Branch
Staff Contact: Sean Jeffrey
The following is a list of interested parties to be notified of the Committee’s decision:
Kyle Jordan
Planning Services
Committee of Adjustment
Date of Meeting: August 26, 2021
File Number: A2021-0033
Address: 51 Milburn Drive, Bowmanville
Report Subject: A minor variance application to permit a catering business as
a home occupation within the existing residential dwelling
Recommendations:
1. That the Report for Minor Variance Application A2021-0033 be received;
2. That all written comments and verbal submissions be considered in the deliberation
of this application;
3. That application A2020-0043 for minor variance to Section 12.4.41 of Zoning By-
law 84-63 to permit a catering business as a home occupation within the existing
dwelling be approved subject to fulfilling the condition that all applicable approvals
from the Region of Durham Health Department and Building permits are obtained
for the home occupation, as required, 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 A2021-0033 Page 2
1 Application Details
1.1 Applicant/owner: Kyle Jordan
1.2 Proposal: A minor variance to Section 12.4.41 of Zoning By-law 84-63
to permit a catering business as a home occupation within
the existing dwelling
1.3 Area of Lot: 294 square metres
1.4 Location: 51 Millburn Drive, Bowmanville, (see Figure 1)
1.5 Legal Description: Part Lot 53, Plan 40M-2185, Part 3, Plan 40R-22759 Former
Township of Darlington
1.6 Zoning: “Urban Residential Exception (R1-41) Zone” of Zoning By-
law 84-63
1.7 Clarington Official
Plan Designation: Urban Residential
1.8 Durham Region
Official Plan
Designation: Living Areas
Municipality of Clarington
Committee of Adjustment A2021-0033 Page 3
Figure 1 – Location Map
Municipality of Clarington
Committee of Adjustment A2021-0033 Page 4
2 Background
2.1 The applicant is proposing a catering business within the dwelling. The existing
exception zone does not permit home occupations. A minor variance is needed to
permit the home occupation.
2.2 Based on the information provided by the applicant, the home occupation will take
place within the kitchen, is limited only to members within the existing household
and will be a delivery-based business.
3 Land Characteristics and Surrounding Uses
3.1 The subject property is located at 51 Milburn Drive, which is north of Baseline Road
and east of Green Road in Bowmanville (see Figure 1). The property has an area of
approximately 294 square metres with an approximate frontage of 9 metres and an
approximate depth of 32.6 metres. The property is similar in size to surrounding
residential properties.
3.2 The lot is within a predominant residential area that includes single detached and
semi-detached (now referred to as linked) dwellings.
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 did not receive any comments or inquiries regarding the distributed public
notice.
5 Departmental and Agency Comments
5.1 The Clarington Infrastructure Division of Public Works has no concerns with this
application.
5.2 The Clarington Building Division stated that the application may require a fire
suppression system depending on the quantity and type of food being cooked. A
building permit will be required for the suppression system if required.
5.3 The Clarington Fire and Emergency Services stated a residential fixed suppression
system required for kitchen stove if cooking using oils used.
5.4 The Durham Region Health Department stated that it is mandated by the Health
Protection and Promotion Act that a food premise operator notify our staff for review
prior to opening.
Municipality of Clarington
Committee of Adjustment A2021-0033 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, and the
accessory home occupation.
6.2 For the above stated reasons, 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 subject property is zoned “Urban Residential Exception (R1-41) Zone” in
Zoning By-law 84-63, which only allows for semi-detached (linked) dwellings. In the
parent zone, home occupations are permitted. However, when amending Zoning
By-law 84-63 by adding the “R1-41 Zone”, home occupations were excluded.
6.4 Home occupations have been permitted within Zoning By-law 84-63 since originally
approved in 1984. Further, on September 21, 2015 Council passed a General
Amendment to Zoning By-law 84-63, which among other amendments clarified the
regulations surrounding home occupations. In this amendment, the list of permitted
home occupations was expanded to include catering. Staff’s report to Council in
support of the General Amendment indicated that Planning Staff had been
interpreting catering as a permitted home occupation within the Urban Residential
zoned for many years and as such the amendment was implementing an existing
department wide interpretation.
6.5 The overall intent of the Zoning By-law with respect to home occupations is to
ensure that home occupations are compatible in terms of its intensity, scale and
location. In this case, the home occupation will take place entirely within the kitchen
of the existing dwelling and the operation will be limited to the members of the
household according to the applicant.
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 home occupation is located entirely within the kitchen of the existing dwelling.
The operation is limited to the preparation of baked goods. The applicant must
satisfy all requirements raised by the Building Division, Fire and Emergency
Services and Regional Health, as required.
6.8 The residential character of the property will remain as the primary use.
6.9 The dwelling has sufficient parking to accommodate the home occupation.
6.10 For the above stated reasons, it is staff’s opinion that the minor variance requested
is desirable for the residential use of land and building.
Municipality of Clarington
Committee of Adjustment A2021-0033 Page 6
Minor in Nature
6.11 The proposed home occupation is permitted by both Official Plans. The applicant
wishes to use the existing kitchen for a catering business and requests a minor
variance to permit the home occupation use.
6.12 The proposed home occupation would be clearly secondary to the main residential
use and will not change the residential character of the property as it will be situated
within the existing dwelling. The room in which the home occupation will take place
is approximately 10% of the dwelling floor area which is well under the maximum
permitted floor area being 25% of the total floor area of the dwelling.
6.13 The applicant informed staff that the business is limited to delivery service and
requires no additional employees therefore not resulting in impacts to traffic in the
neighbourhood.
6.14 For the above stated reasons, it is staff’s opinion that permitting the home
occupation use is minor in nature.
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 Section 12.4.41 of Zoning By-law 84-63 and more specifically to
permit a catering business as a home occupation within the existing dwelling
condition that all applicable approvals from the Region of Durham Health
Department and Building permits are obtained for the home occupation, as
required.
Submitted by:
Anne Taylor Scott, Principal Planner,
Development Review Branch
Staff Contact: Sean Jeffrey
The following is a list of interested parties to be notified of the Committee’s decision:
Kyle Jordan