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Home My WebLink AboutA2022-0046 Comments 5819 Main.pdf • �� 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: September 28, 2022 File Number: A2022-0046 Address: 5189 Main Street, Orono Report Subject: A minor variance application to expand a legal non-conforming use to permit four apartments. Recommendations: 1. That the Report for Minor Variance Application A2022-0047 be received; 2. That all written comments and verbal submissions were considered in the deliberation of this application; 3. That application, for minor variance to Section 3.6 c, of Zoning By-law 84-63 be to recognize four apartments in a house with 2 units that have been clearly identified approved as legal non-conforming be tabled for a period of up to ninety (90) days; and 4. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2022-0046 Page 2 1 . Application Details 1.1 Owner/Applicant: Laura Ross, Frank & Susan Shane 1.2 Proposal Minor variance to Section 3.6 c. of Zoning By-law 84-63 to recognize four apartments in a house with 2 units that have been clearly identified as legal non-conforming. 1.3 Area of Lot: 1,375.98 m2 1.4 Location: 5189 Main Street, Orono (see Figure 1) 1.5 Legal Description: Plan CG Hanning Blk H PT 6 Princess St RP 10R86 Parts 12 to 14 1.6 Zoning: Urban Residential Exception (R1-2) Zone 1.7 Clarington Official Urban Residential Plan Designation: 1.8 Durham Region Living Areas Official Plan Designation: 1.9 Heritage Status: Secondary property on the Cultural Heritage Resources List Municipality of Clarington Committee of Adjustment A2022-0046 Page 3 52�4 _ — ��4 ��-r---_ sT.�r, �24� � � $g �,-------- - otis�E , � ,! ; � � � � �N � ET �."' �� 86I 85 � � - �I 8� � + 5�2 J� r 8� — � � '5211 � r� � ' ,, � � `r �� pp f � �J��I r N i � _ � -- RlNCE55 5T � _ _ � �, 4 ,� — — {'r7 � � — !—� �T:za �' I L� — j �� J �4. cnr,:s � I _ �U�:29 �� f � I � � � �o� , _ — , a 5'17'I � �2 � '� . 5� �8� N o ----- ----- ,tio� � 5� 5� � �� 515� - 58 � � � 515'I � � �� •,� � 6�W EN STREET �' � 5� 3$ �5135 , r` ��J2 a �� — — 5� �8 5� ' 4� u 47 ,5� �5� � - - o 5� �� ; � 4� c�' �� `� CpSBLEDICK STREET, �� V`'F i I V� ��r ��.3 � J� � — Praperty Lacation A7ap ��,��.`.--�---- - "-------------------� {�rana} � _,..... N��:�� ,� � � « ; ��.y ..� .� i � �� ;M� ; - Area 5uhje�t To Minor Variance s j ' ��T�� °`� I 5189 Main Street � ��'rt"` i ee..�„��nii. � I i �� ^�r�r�n�� _ -�'ti--- a2oa2-oo�� r t��r� Figure 1 — Location Map Municipality of Clarington Committee of Adjustment A2022-0046 Page 4 2. Background 2.1 Early this year the Municipal Law Enforcement Department received a complaint that the property contained four apartments. Planning Staff along with Municipal Law Enforcement, Building Services and Emergency and Fire Services met with the applicant to identify how to address the complaint. Since the applicant advised they add purchased the property under the expectation it had legal non-conforming status, they were provided direction as to what measure could be taken to prove that status. 2.2 A search of the Assessment Records by our Finance Department revealed the property was used as for two units dating back to 1966. This evidence predates the Clarke Zoning By-law 1592, which was approved on May 23, 1968, clearly establishing two of the four residential units as legal non-conforming. The applicant provided evidence that the third unit has been in existence as far back as 1977, although the specific date it was created is unknown. The date the fourth unit was established has not been provided. 2.3 Since the dates of the third and fourth units could not be provided, we were unable to determine those units had legal non-conforming status. It was determined a Minor Variance would be required. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 5189 Main Steet, Orono. It is located on the east side of Main Street, south of Station Street and north of Bowen Street (see Figure 1). The lot is approximately 1,375.98 m2. 3.2 The surrounding uses to the north, south and west are residential. Orono Park is to the west and there is a business and professional office located at the southeast corner of Main Street and Station Street. 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 Correspondence from four residents was received noting the following concerns: x The Owner has several properties that are in disrepair. Work has been done without proper permits. x The R1-2 zone does not permit a four-plex. Municipality of Clarington Committee of Adjustment A2022-0046 Page 5 x Questioned whether the application is minor in nature and if it meets the intent of the Zoning By-law, the Durham Region Official Plan and the Clarington Official Plan. x Adequacy of driveway space. The resident indicated that single driveways were expanded to the property line without approvals. When the driveways are full and parking spills out onto the boulevard. x Adequacy of off-street parking. x Adequacy of the septic system. x Concern apartments were installed without permits. x Concerns about the safety of the occupants and liability of the Municipality. x Approval will reduce the value of surrounding area. x Others may decide to do something similar causing issues and complaints. 5. Department and Agency Comments 5.1 Clarington Fire and Emergency Services have expressed concerns with the property, and the site is under review. 5.2 The Durham Region Health Department has advised that an evaluation of the existing sewage system is required to ensure it has sufficient capacity to accommodate the four apartment units. 6. Discussion 6.1 Within the Comprehensive Zoning By-law 84-63, as amended, of the former Town of Newcastle, the subject property is located within the Urban Residential Exception (R1-2) Zone. This zone permits single detached dwellings and home occupations that are serviced with municipal water and private sanitary systems. 6.2 Section 3.6 a. recognizes uses that were legally established prior to the date of the passing of Zoning By-law 84-63 on September 10, 1984. Prior to that By-law the Clarke Zoning By-law 2111 was approved on May 23, 1968. It also contained provision in Section 4. (b) that recognized legally established uses. Since there was no Zoning in place prior to May 23, 1968, uses confirmed to be established that do not meet the permitted use listed in the current applicable zone are considered to be legal non- conforming. As such, two of the units have been determined to meet the intent and purpose of the Zoning By-law. Municipality of Clarington Committee of Adjustment A2022-0046 Page 6 6.3 Section 3.6 c. of Zoning By-law 84-63 states that the Committee of Adjustment can approve applications for interior alterations to increase the floor area occupied by a legal non-conforming use. The applicant is asking for an expansion of the legal non- conforming use to recognize two of the additional dwelling units (apartments) in addition to the two legal non-conforming units. The Committee could consider application of this section to determine if the proposal meets the intention of Zoning By-law 84-63. 6.4 Section 3.16 requires 1 parking space for each additional dwelling unit. Since there are four units it may be more appropriate to apply the ratio for apartments. The application indicates there are 3 one-bedroom units and 1 two-bedroom units. Based on the requirements per bedroom, the site would require 7 parking spaces, 5 for the units and an additional 2 for visitors. 6.5 Durham Region Health Department has advised that an evaluation of the existing sewage system is required to ensure it has sufficient capacity to accommodate the four apartment units. Without having the evaluation that provides the Durham Region Health Department to finalize comments on the proposal, Staff recommend tabling the application. 6.6 The application has been provided to the Durham Region Works Department, Clarington Development Engineering Division and Clarington Building Division. Their review will be considered in subsequent comments. 7. Conclusion 7.1 Given the above comments, Staff recommend the application be tabled for a period of up to ninety (90) days to provide the applicant with time to submit an evaluation of the existing sewage system to the Durham Region Health Department so they can finalize their comments on the proposal and for further review by the Clarington Fire and Emergency Services. The Durham Region Health Department has advised that an evaluation of the existing sewage system is required to ensure it has sufficient capacity to accommodate the four apartment units. � i Submitted by: ' ��Y'IY�.f��[,�� i,?�,� Amanda Tapp, Acting Manager Development Review Branch Staff Contact: Tracey Webster, Principal Planner, 905-623-3379 ext. 2415 or twebster@clarington.net. Interested Parties: Laura Ross Municipality of Clarington Committee of Adjustment A2022-0046 Page 7 Janine & Kent Stephens