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Home My WebLink AboutPSD-091-11 Clarington PLANNING PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: November 28, 2011 Resolution#: - 7?-11 By-law#: Report#: PSD-091-11 File#: ZBA 2011-0029 Subject: PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT AN EXISTING NOW CONFORMING ACCESSORY BUILDING RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-091-11 be received; 2. THAT the rezoning application submitted by Bruce and Karen Ellis continue to be processed including the preparation of a further recommendation report; and 3. THAT all interested parties listed in Report PSD-091-11 and any delegations be advised of Council's decision. Submitted by. �.f — - Reviewed by: D'a wid"J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer MM/CP/df 17 November 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: PSD-091-11 Page 2 1. APPLICATION DETAILS 1.1 Applicant: May Luong, MCIP, RPP, Borden Ladner Gervais LLP 1.2 Owner: Bruce and Karen Ellis 1.3 Proposal: To permit an existing non-conforming accessory building 1.4 Area: 4.3 Hectares 1.5 Location: 7486 Thompson Road, Clarke 2. BACKGROUND 2.1 On September 21, 2011, May Luong on behalf of Bruce and Karen Ellis submitted an application for rezoning of the lands known as 7486 Thompson Road in Clarke. The purpose of the application is to permit an existing non-conforming accessory building (detached garage) in addition to all uses and structures already permitted on the property. The applicant has submitted a Planning Rationale Report and as-built plans for the detached garage. 2.2 In 2008, Bruce and Karen Ellis hired a contractor to renovate their house and construct a detached garage. They were under the impression that the contractor had obtained permits for all of the work, however became aware in January, 2011, that no building permit had been obtained for the construction of the detached garage. Upon inspection by Clarington Staff, it was determined that the detached garage constructed in 2008 did not comply with the Zoning By-law provisions for maximum permitted height and maximum permitted total floor area for accessory buildings. The Ellis's applied for a minor variance to permit the increased height and floor area, however it was determined that the increased height and floor area were not minor in nature and therefore a minor variance could not be granted. An older 75 m2 accessory building also exists on the property. 2.3 The non-conforming garage is made of recovered material from an old barn and has been constructed to resemble the original barn. There is a half storey above the first storey of the garage and access is from an exterior staircase. Electrical outlets are provided however there is no plumbing. The total floor area of the garage is 155 m2 and the height is 6 metres. The Zoning By-law allows accessory buildings to have a total floor area of 120 square metres and a maximum height of 4.5 metres. 3. LAND CHARACTERISTICS AND SURROUNDING USES 3.1 The property, located on the west side of Thompson Road and north of Ganaraska Road, is 4.3 hectares in size and contains a single detached dwelling and two accessory buildings, one of which is the subject of this application. The property has REPORT NO.: PSD-091-11 Page 3 numerous trees in the front yard and is surrounded by other rural residential and agricultural properties. 3.2 The surrounding uses are as follows: North - Residential South - Residential East - Agricultural West - Residential 4. PROVINCIAL POLICY 4.1 Provincial Policy Statement The 2005 Provincial Policy Statement (PPS) states that land must be carefully managed to promote efficient land use and development patterns which support strong, liveable and healthy communities, protect the environment and facilitate economic growth. This proposal is located on an existing rural residential lot and no new servicing is required. The proposal is consistent with the PPS. 4.2 Greenbelt Plan The property is located in the Greenbelt Protected Countryside Area. The existing non-conforming detached garage is not located on a portion of the property that is within a key natural heritage or hydrological feature. The proposal is consistent with the Greenbelt Plan. 5. OFFICIAL PLANS 5.1 Durham Regional Official Plan The Durham Regional Official Plan designates the subject property Prime Agricultural Area and Major Open Space Area. The proposed Zoning By-law Amendment application does not propose a change from the existing residential use of the property. The garage is an accessory structure to the main residential use and therefore the proposal conforms with the Durham Regional Official Plan. 5.2 Clarington Official Plan The Clarington Official Plan designates the subject property General Agricultural Area and Environmental Protection Area. The subject detached garage is located in the General Agricultural Area designation. The existing residential use of the property is permitted, as are accessory structures. This proposal conforms with the Clarington Official Plan. REPORT NO.: PSD-091-11 Page 4 6. ZONING BY-LAW 6.1 Zoning By-law 84-63 zones the subject lands Agricultural (A) and Environmental Protection (EP). The subject detached garage is located in the (A) Zone. Accessory buildings are permitted in the (A) zone provided that they comply with the General Provisions of the Zoning By-law. These General Provisions allow a total floor area for all accessory building on this property of not more than 120 m2. Any accessory building on this property is permitted to a maximum height of 4.5 metres. Since the total accessory building floor area on the property is 230 m2 and the subject detached garage is 6 metres in height, a rezoning is required to permit the existing non- conforming detached garage. 7. SUMMARY OF BACKGROUND STUDIES 7.1 A Planning Rationale Report was submitted by Borden Ladner Gervais in support of this application. This report provided an overview of the property and the surrounding area together with a review of relevant local, Regional and Provincial Planning documents. The Applicant's consultant indicates that the proposed rezoning application is consistent with current planning policy and represents good planning. 8. PUBLIC NOTICE AND SUBMISSIONS 8.1 Public notice was given by mail to each landowner within 120 metres of the subject properties and a public meeting notice was installed on the site. As of the writing of this report, one nearby resident has called in support of the application. No other comments or submissions have been received. 9. AGENCY COMMENTS 9.1 At the time of writing this report, no agency comments have been received. 10. STAFF COMMENTS 10.1 The applicant intends to use the detached garage for personal storage and private amenity space. The interior of the second floor is finished however there is no plumbing. Without the plumbing, the space cannot be used as a kitchen or bathroom and therefore is not considered a habitable room. 10.2 This application conforms to the Clarington Official Plan and is consistent with the Provincial Policy Statement and applicable Provincial Policy. 10.3 Staff will continue to work with the applicant to address any issues or concerns that may arise from the circulation of this application to commenting agencies and other departments. REPORT NO.: PSD-091-11 Page 5 11. CONCURRENCE: Not Applicable 12. CONCLUSION 12.1 The purpose of this report is to satisfy the requirements of the Public Meeting under the Planning Act. It is respectfully recommended that this report be referred back to Staff for further processing and the preparation of a subsequent report. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Mitch Morawetz Attachments: Attachment 1 - Key map List of interested parties to be notified of Council's decision: May Luong, Borden Ladner Gervais LLP Bruce Ellis Attachment 1 To Report PSD-091-11 N 4) � +°' N Cu d W a� a� E C - J C. D M O ® E C � r Q C o c V- 3 M N v v O CL �/�/3 W M W W N c CL F- E 3 a`. N O GVMJ NOSdWOHI