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HomeMy WebLinkAboutA2022-0011 2271 Hwy 2 CommentsClarbgton Planning and Development Services Committee of Adjustment If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: June 16, 2022 File Number: A2022-0011 Address: 2271 Highway 2, Maple Grove Report Subject: A minor variance application to add Medical or Dental Clinic to the list of Permitted Uses for the property at 2271 Hwy. 2 and to facilitate a Medical or Dental Clinic by increasing the maximum total gross floor to 312 square metres, reducing the minimum width of the parking aisle to 3.0 metres, and by reducing the minimum required number of loading spaces to 0. Recommendations: 1. That the Report for Minor Variance A2022-0011, be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application A2022-011 for a minor variance to Section 9.3.26 of the Zoning By- law 84-63 to add the Medical or Dental Clinic as a permitted use; and to facilitate the use by varying: Section 9.3.26.a) iv) by increasing the maximum gross floor area from 250 square metres to 312 square metres; Section 3.16 d. by reducing the minimum width of the parking aisle from 6.0 metres to 3.0 metres; and Section 3.12 c. by reducing the minimum required number of loading spaces from 1 to 0. Be approved 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, subject to the following conditions: a. That the applicant/owner receive site plan approval and fulfill conditions for site plan application SPA2022-0006 I within two years of the Committee's decision on minor variance application A2022-0011; 4. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adiustment A2022-0011 Paae 2 1. Application Details 1.1 Owner/Applicant: Jasmas Inc./The Greer Galloway Group Inc. 1.2 Proposal: A minor variance application to seek relief for the following zoning provisions: Section 9.3.26 to add Medical or Dental Clinic to the list of Permitted Uses for the existing structure at 2271 Hwy. 2 Section 9.3.26.a) iv) to increase the maximum total gross floor area from 250 square metres to 312 square metres Section 3.16 d. to reduce the minimum width of the parking aisle located on the southwest side of the property from 6.0 metres to 3.0 metres Section 3.12 c. to reduce the minimum required number of loading spaces from 1 to 0. 1.3 Area of Lot: 1.4 Lot Frontage 1.5 Lot Depth 3,326 square metres 30.48 metres (Hwy 2) 127.76 metres 1.6 Location: 2271 Highway 2, Maple Grove (Figure 1) 1.7 Legal Part Lot 18, Concessions 1 &2, Former Township of Darlington Description: 1.8 Zoning: (RH-26) Zone" in Zoning By-law 84-63 1.9 Durham Regional Hamlet Official Plan Designation: 1.10 Clarington Hamlet Official Plan Designation: 1.11 Heritage Status: None Municipality of Clarington Committee of Adiustment A2022-0011 Paae 3 2181 2174 2162 2167 zas 2152 2153 gRaOkly a 2142 o aye 2132 w 2122 0 2109 w J LOT:19 OD LOT, Is LOT:17 CON:2 N CON:2 CON:2 C14 CQ O 04 N 2046 205 N 2045 cY N CO N 2031 � `� > 2021 N o J 2009 L`1 00 N 1824 DG m bm LOT: 19 ' *1 }'a CON: 1 L0T:18 LOT: 17 1 800 CON:1 CONA ttB 11. 1 k � Property Location Map ��a"" - I'S, N I - Area Subject To Minor Variance 2271 Highway 2 A2022-001 T Lnke Figure 1: Location map Municipality of Clarington Committee of Adiustment A2022-0011 Paae 4 2. Background 2.1 In 2007, the former owner rezoned the property from Hamlet Residential (RH) Zone to Hamlet Residential (RH-26) Zone to allow a Personal Service Shop (Aesthetic — Reflexology) that was in operation since 1997. The building had been used previously as a real state office. 2.2 The rezoning application was approved to allow the Personal Service Shop (Aesthetic — Reflexology) use in addition to other uses permitted in the Hamlet Residential (RH) Zone. The former owner applied for Site Plan approval, but it was never finalized. 2.3 In August 2020, planning staff informed the property owner that "aesthetic dental operation" was permitted to operate under the Personal Service Shop definition. The owner subsequently submitted a Building Permit that was approved in 2020. 2.4 The intended use was clarified through additional conversations with the property owner and Staff provided the regulations for a Medical or Dental Clinic. Staff indicated the use was not permitted under the current RH-26 zone and that Site Plan and Minor Variance applications for the Medical or Dental Clinic use would be required. 2.5 In March 2022, the Greer Galloway Group Inc. on behalf of Jasmas Inc. submitted Site Plan and Minor Variance applications to request that a Medical or Dental Clinic be permitted on the existing property. The site plan application was deemed completed in April 2022. Staff provided site plan comments and confirmed the variances to the zoning by-law required to approve the site plan application. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located on the south side of Highway 2 within the southeast part of the Maple Grove Hamlet (See Figure 2). There is a two -storey building with a walkout basement and a garden shed on site. An existing drive aisle located on the west side of the property connects two parking areas at the front and the rear of the building (See Figure 3 to Figure 5). 3.2 The surrounding land uses are as follows: North — Highway 2, rural residential dwellings, and agricultural greenhouses South — Existing agricultural lands East — Existing rural residential dwellings, and agricultural lands, including a farmstand West — Existing rural residential dwellings 3.3 The Hamlet of Maple Grove along Highway 2 is mainly characterized by single family residential buildings and commercial establishments such as a garden centre, and the Durham Regional Police Services building nearby. Municipality of Clarington Committee of Adiustment A2022-0011 Paae 5 Figure 2: Subject Lands and Surrounding Context Figure 3: Existing building looking south Municipality of Clarington Committee of Adiustment A2022-0011 Paae 6 Figure 4: Existing building (west fagade) and drive aisle looking south Figure 5: Existing building looking northeast Municipality of Clarington Committee of Adjustment A2022-0011 Page 7 4. Public Notice and Submissions 4.1 The required signage for this application was installed on the property and the appropriate notice was mailed to each landowner within 60 metres. 4.2 Staff received five inquiries regarding this application as of June 14, 2022. Four residents wrote two letters in support of the application. One resident who lives at the neighbouring property to the west has concerns with the existing water runoff and snowmelt from the subject property onto his property. The resident indicated that there was a ditch between the properties that was filled to build the drive aisle along the west side of the property. The resident also inquired if there was going to be a fence installed between the properties. 5. Departmental Comments 5.1 The Infrastructure Division of Public Works has no objection. 5.2 The Building Division of Planning and Development Services has no objection. 5.3 Clarington Emergency and Fire Services Department has no objection. 6. Discussion Powers of the Committee to Authorize a New Use 6.1 This case is unique in that the Committee is being requested to add an additional use to the list of permitted uses through a minor variance. Under Section 45(2) of the Planning Act, the Committed of Adjustment may authorize such minor variances to the Zoning By-law in respect of the land, building or structure of the use thereof. 6.2 Therefore, it is not a question of whether the use is authorized, but rather can it be described as a minor variance in light of the by-law and other factors specified in Section 45 of the Planning Act. The powers of the Committee can make a minor amendment to the permitted uses where the use of the building, in the opinion of the Committee, must be similar to the purpose which it was used for under the By-law or is more compatible with the surrounding permitted uses. Conformity with the intent and purpose of the Regional and Clarington Official Plans 6.3 The property is designated "Hamlet" in the Durham Regional Official Plan. Hamlets shall be developed in harmony with surrounding uses and may consist of predominantly single -detached housing, as well as community facilities, employment uses; and commercial uses that meet the immediate needs of the residents of the Hamlets and the surrounding rural area. 6.4 The proposed Medical or Dental Clinic use would meet the immediate needs of the residents of the Hamlet and surrounding area. The proposed use would utilize an existing building that has been used commercial and has a built form and architectural style that is consistent with the character of the Hamlet. The proposed total gross floor area will be contained within the existing building. The reduced drive aisle and relief from the loading space requirement will facilitate a proposed commercial use that meets Municipality of Clarington Committee of Adiustment A2022-0011 Paae 8 the immediate needs of the residents of the Hamlet and the surrounding area and is compliant with the intent of the Durham Regional Official Plan. 6.5 The property is designated Hamlet in the Clarington Official Plan. The predominant use of lands within the Hamlet designation shall be detached residential dwellings. Other uses such as schools, community facilities, places of worship, general stores, home based -occupations, art and craft shops, and farm related commercial uses are also permitted provided such uses are compatible with surrounding uses and do not detract from the character of the hamlet. 6.6 The Hamlet designation permits commercial uses that are typical of a Hamlet. The proposed Medical or Dental Clinic could be considered as a typical use in a Hamlet as such use would be compatible and does not detract from the character of the Hamlet. There are not building changes proposed and the increase to proposed total gross floor area is to utilize the existing basement for the proposed Medical or Dental Clinic. The proposed reduction of the required drive aisle and loading space is to facilitate a proposed commercial use and is compliant with the intent of the Clarington Official Plan. 6.7 For the above stated reasons, it is Staff's opinion that the application conforms to the intent and purpose of both Official Plans. Conformity with the intent and purpose of the Zoning By-law 6.8 Within Zoning By-law 84-63, the property is zoned Hamlet Residential (RH-26) Zone. The Hamlet Residential Exception (RH-26) Zone includes single detached dwelling, cemeteries, places of worship, home occupation uses and a personal service shop (Aesthetics — Reflexology). 6.9 The proposed Medical or Dental Clinic still maintain the general intent and purpose of the Zoning By-law, as the use would be restricted to the existing building and site and the existing built form and architectural elements that contribute to enhance the character of the Hamlet remain unchanged. The proposed total gross floor area increase from 250 square metres to 312 square metres would result in additional 62 square metres that would still be confined to the existing building. 6.10 The existing drive aisle that accesses the parking lot is approximately 3.46 metres and narrows southward. Due to the location of existing utilities on the west side of the building the drive aisle cannot be widened to 6.0 metres to be in keeping with the Zoning By-law and to allow the access of a loading space (7.5 metres by 3 metres) on the rear yard. The Municipal aerial photographic records show the that reduced driveway and southern parking was built around 2005 and have been in operation since then. Due to the type of proposed use a loading space would not be required. Therefore, the proposed reduction of the drive aisle and loading requirements is minor in nature. 6.11 For the above stated reasons, it is Staff's opinion that the application conforms to the intent and purpose of the Zoning By-law Municipality of Clarington Committee of Adiustment A2022-0011 Paae 9 Desirable for the appropriate development or use of the land, building or structure 6.12 A Medical or Dental Clinic would be a typical use within a Hamlet area as it would serve the surrounding rural community. It is appropriate to consider a Medical or Dental Clinic as a desirable use which creates minimal impact on surrounding uses. The proposed use and proposed total gross floor area will be confined to the existing building on the site. No building elevations changes have been proposed and the building would retain the existing architectural style that contributes to character of the Hamlet. 6.13 The proposal is desirable for the appropriate development as the proposed use and total gross floor will not alter the existing building and external architectural style. The site has an adequate area for on -site parking. The specific items mentioned by the neighbour including site drainage and fencing will be addressed through site plan process. Staff recommend that the site plan process be finalized, and conditions of site plan be fulfilled by the property owner within two years of the Committee's decision on this minor variance application as a condition to approve the proposed minor variances. 6.14 As a result of the circulation to staff and agencies, no technical reasons were raised that would suggest the minor variance should not be approved. 6.15 For the above stated reasons, it is Staff's opinion that the minor variance requested is desirable for the appropriate development or use of the subject property. Minor in Nature 6.16 In 2007, the former owner rezoned the property to allow the Personal Service Shop (Aesthetic — Reflexology) that was in operation since 1997. The two -storey building had also been previously used as a real estate office. The Hamlet Residential Exception (RH-26) Zone regulations regarding setbacks and proposed total gross floor area of 312 square metres would continue to ensure that the proposed use only exists within the physical limits of the building as it exists today. 6.17 The application to permit the Medical or Dental Clinic use with a total gross floor area of 312 square will not change the existing physical character of the structure or impact surround properties. The appearance of the property will remain unchanged with the reduction of the drive aisle width and loading requirements. Through the site plan process staff will continue to work with the property owner/applicant to deal with technical issues such as stormwater drainage, drive aisles and parking areas improvements, landscaping, and fencing. 6.18 Planning Staff received no adverse comments from internal departments and agencies. 6.19 For the above stated reasons, it is Staff's opinion that the minor variance requested is minor in nature desirable for the appropriate development or use of the subject property. Municipality of Clarington Committee of Adiustment A2022-0011 Paae 10 7. Conclusion 7.1 It is Staff's opinion that the application conforms to the intent and purpose of the Regional and Municipal Official Plans, the Zoning Bylaw, 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 9.3.26 of the Zoning By-law 84-63 to add the Medical or Dental Clinic as a permitted use; to Section 9.3.26.a) iv) to increase the maximum gross floor area from 250 square metres to 312 square metres; to Section 3.16 d. to reduce the minimum width of the parking aisle from 6.0 metres to 3.0 metres; and to Section 3.12 c. to reduce the minimum required number of loading spaces from 1 to 0 be approved of Zoning By-law 84-63. subject to the following conditions: 1. That the applicant/owner receive site plan approval for the site plan application SPA2022-0006 and fulfill the conditions of site plan approval within two years of the Committee's decision on this minor variance application. Submitted by: Ron Warne, Manager Development Review Branch Staff Contacts: Ruth Porras The following interested parties will be notified of Committee's decision: Steve Mascarin Jonathon Crowe