HomeMy WebLinkAboutA2022-0011 2271 Hwy 2 CommentsClarbgton
Planning and Development Services
Committee of Adjustment
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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
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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
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- Area Subject To Minor Variance
2271 Highway 2
A2022-001 T Lnke
Figure 1: Location map
Municipality of Clarington
Committee of Adiustment A2022-0011
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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
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Figure 2: Subject Lands and Surrounding Context
Figure 3: Existing building looking south
Municipality of Clarington
Committee of Adiustment A2022-0011
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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
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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
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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.
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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