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HomeMy WebLinkAboutA2022-0046 5189 Main Street CommentsClarftwn 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: January 26, 2023 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 A2022-0046 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 to recognize four apartments in a house with 2 units that have been clearly identified as legal non -conforming 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. Prior to the issuance of a building permit the approval is subject to the applicant satisfying the following conditions. That the applicant/owner submit a site plan drawing identifying the required parking spaces on the proposed lot in compliance with the regulations contained in Section 3.16 and 3.28 of Zoning By-law 84-63. That the applicant receive approval from the Durham Region Health Department for a replacement septic system to support the additional apartment units in accordance with the Ontario Building Code. iii. That the applicant receive building permits necessary to address the modifications that may be necessary for the apartment units to meet the Ontario Building Code. iv. That all accessory structures be relocated to conform with the required 0.6 metre setback to the interior side yard property line in accordance with Section 3.1 of Zoning By-law 84-63. Municipality of Clarington Committee of Adjustment A2022-0046 Page 2 V. That all downspouts affixed to the accessory structures be directed away from neighbouring properties; and vi. That the height of the decking placed on the ground along the south property line be adjusted so that it does not exceed 200 mm above the finished grade at its highest point to conform with the definition of "Landscape Open Space" found in Section 2 of Zoning By-law 84-63. 4. That all interested parties listed in this report be forwarded a copy of Committee's decision. 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 PT 6 Princess St RP 10R86 Parts 12 to 14 Description: 1.6 Zoning: Urban Residential Exception (R1-2) Zone 1.7 Clarington Urban Residential Official 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 5254 OZO� 24 'TN,-,o 242 �9—� =srR�ET c�� C7 . co 85 85 `5 2 82 81 5211 Co CNI 5261 0 cv r N 00 RINC'SS ST' � 5 189 Main Street 5179 .._ 64 —i— LOT:2f3 CON:S 5175 COMZS `o 5158 W r 5171 52 :A5 515 1 58 5150 2 00 57 5151 BOW EN STREET 5138 5128 5120, 511�] r COBBLEDICK STREET 195!�r 3� Property Location Map (Orono) - Area Subject To Minor Variance 5189 Main Street A2022-0046 r 51 " 47 49 37 W f «,..� «,.d o E EFO Lake Onf&Fiu Figure 1 — Location Map C) m Paae 3 Municipality of Clarington Committee of Adjustment A2022-0046 Page 4 2. Background 2.1 Early last 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 measures 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 Submissions were received from six residents noting the following concerns: • The Owner has several properties that are in disrepair. Work has been done without proper permits. • The R1-2 zone does not permit a four-plex. Municipality of Clarington Committee of Adiustment A2022-0046 Paqe 5 • 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. • 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. • Concern the use extends beyond the property limits. • Adequacy of off-street parking. • Adequacy of the septic system. • Concern apartments were installed without permits. • Concerns about the safety of the occupants and liability of the Municipality. • Approval will reduce the value of surrounding area. • Others may decide to do something similar causing issues and complaints. • The fourplex does not match the character of the neighbourhood since most of the homes are single detached homes. 4.3 One resident provided correspondence that indicated they are conscious of the need for increased housing density. They noted that consideration of the request to expand the legal non -conforming use should require that regulations concerning septic capacity and sufficient parking have been met. 4.4 A resident of the subject property made a submission to address concerns that the apartments "...bring down the value of the town". They indicated that they support and contribute to the community of Orono. They frequent many of the small businesses in Orono (convenience store, food markets, post office etc.) and have made many connections with the people here. It was noted that buildings in Orono have apartments. Orono should be proud that the hardworking youth of our society who are drawn to this location because it allows them a fighting chance at starting a life. They noted that they can live on their own because of the affordability of their rent. They are starting their own business is and are a hardworking, contributing member of society. They cannot afford rent at most other locations and if the application is not approved it would likely be their apartment that is shut down. 4.5 Another resident of the subject property indicated that they find their landlord acts in a timely and efficient manner and that the property is maintained in an ideal condition. Municipality of Clarington Committee of Adjustment A2022-0046 Page 6 They are on a fixed income and are grateful they can afford the rent which would be higher for relatively equal housing charged by other landlords. 4.6 Another resident of the subject property provided a submission indicating the tenants are respectful and they love living in Orono. There is never any loud music or partying from any tenants. This is the only affordable housing they could find and would have to apply for public housing if they lose their place. They stated that landlords have taken care of problems in a timely manner. 5. Departmental and Agency Comments 5.1 The Building Division have advised that building permits are required. 5.2 The Development Engineering Division has no objections to the proposal, 5.3 Clarington Fire and Emergency Services have expressed concerns with the property. There is an open Fire Inspection Order on the property that is under review with the Ontario Fire Marshalls office. 5.4 The Durham Region Health Department advised that an investigation of the existing private sewage system confirmed that it does not meet the minimum requirements of the Ontario Building Code (OBC). To satisfy this department, a replacement private sewage system that meets the requirements of the Ontario Building Code would need to be installed to support 4 dwellings. 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 of the property. The property is within the built-up area which is to accommodated intensification while enhancing he built form and physical character of the established residential neighbourhood in accordance with Section 4.2.3 of the Official Plan. 6.2 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 6.3 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. Municipality of Clarington Committee of Adiustment A2022-0046 Page 7 6.4 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 Clark 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. 6.5 In December 2021, Clarington Council passed an amending by-law 2021-082 to permit additional dwelling units. This amendment would provide as of right permissions to provide up to 3 additional dwelling units (apartments) on the property, albeit one would be in an accessory structure. Since three units could be permitted on the property in total as of right, it can be argued that the third unit does meet the intention of Zoning By- law 84-63. 6.6 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. 6.7 A site inspection revealed that there are accessory structures along the south property line that do not meet the required 0.6 metre (1.96 ft) setback by section 3.1 of Zoning By-law 84-63. The height of the decking placed on the ground along the south property line exceeds 200 mm above finished grade in spots which puts it out of compliance with the definition of "Landscape Open Space" found in Section 2 of Zoning By-law 84-63. The applicant is agreeable to making modifications to comply in the spring once the ground has thawed and is dry. They are also asked to kindly redirect the downspouts from the structures away from the neighbour's property. 6.8 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 unit. Based on the requirements per bedroom, the site would require 7 parking spaces, 5 for the units and an additional 2 for visitors. The survey and subsequent site visits show that there are existing driveways and adequate space on both the north and south side of the dwelling to accommodate the required parking within the property limits. 6.9 The applicant is being asked to submit a site plan drawing identifying that the required parking spaces are accommodated on site while meeting the requirements of Zoning By-law 84-63. Section 3.16 c requires a parking space to be 5.7 m (18 ft) x 2.75 m (8 ft). The width of two spaces can be reduced to 4.6 metres (15.09 ft). These spaces must be contained within the limits of the subject property. During a site visit it was noted that the Municipality of Clarington Committee of Adiustment A2022-0046 Page 8 fence on the south side of the property has not been placed on the property line and that boundary is to the north of that fence. 6.10 The parking location must also respect the visibility(sight) triangle requirements contained in Section 3.28. Neither parking, nor fencing greater than 0.75 m in height is to be located within the visibility triangle as depicted in Figure 2. L ItET / PRIVATE ROAD UVEWALK f r W PIP Y X U" w � � I PROPERTY H%F. Figure 2: Visibility Triangle requirements Municipality of Clarington Committee of Adiustment A2022-0046 Page 9 Desirable for the appropriate development or use of the land, building or structure 6.11 It appears that the subject property has functioned with multiple apartment units for many years and up until recently has not caused conflict with neighbouring properties. The accessory dwelling units (apartments) have been accommodated within the original dwelling with few external changes to the appearance of the building thereby maintaining it's original character. 6.12 The survey provided demonstrates that there is adequate space on the lot to accommodate the required parking. Since a detailed plan was not provided to outline the parking area, the applicant will be asked to submit a site plan drawing delineating the required parking as part of their building permit application. This drawing must also identify the location of the septic system. All requirements must be contained within the property limits identified on the survey. The applicant must be aware that the fence line is not an accurate depiction of the location of property lines. 6.13 One concern expressed by the property owner to the south is the encroachment of the use onto their property as the fence is not located on the property line. Staff had forwarded information on fence requirements to the neighbour and would encourage them to explore relocating the fence to the property line. There are cost sharing mechanisms in place for line fences through mutual agreement on the boundary line under the Municipal Fence By-law 2011-045 which was enacted in accordance with the Line Fences Act. The applicant and the neighbour can contact our Clerks Department to inquire about this process and mechanisms in place to work through a mutual agreement. 6.14 Although the existing septic system was inspected and determined to be in good working order with no signs of damage or malfunction, it will require replacement to meet current Building Code requirements. The applicant has identified their willingness to replace the system. 6.15 For the above stated reasons, it is staff's opinion that the minor variance requested would be desirable for the use of land and building. The proposal would be appropriate for the lands and not be detrimental to the surrounding area. Minor in Nature 6.16 To determine if an application is minor, the concept needs to maintain a flexible approach, and relates to the assessment of the significance of the variance to the surrounding circumstances and to the terms of the existing By-law. It is understood that an interpretation must be based on the unique circumstances of each application. 6.17 The expansion of the legal non -conforming use to permit four units is not expected to have impacts on the surrounding land uses since there is adequate space on site to accommodate the required parking. Municipality of Clarington Committee of Adjustment A2022-0046 Page 10 6.18 It is Staff's opinion that the proposal is minor in nature as it does not significantly change the use of the land and it is a slight increase to the permitted provisions of the zoning by-law to allow for extra storage space. 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 APPROVAL of the application for a 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, subject to the following conditions to be completed prior to issuing the building permits: That the applicant/owner submit a site plan drawing identifying the required parking spaces on the proposed lot in compliance with the regulations contained in Section 3.16 and 3.28 of Zoning By-law 84-63. That the applicant receive approval from the Durham Region Health Department for a replacement septic system to support the additional apartment units in accordance with the Ontario Building Code. iii. That the applicant receive building permits necessary to address the modifications that may be necessary for the apartment units to meet the Ontario Building Code. iv. That all accessory structures be relocated to conform with the required 0.6 metre setback to the interior side yard property line in accordance with Section 3.1 of Zoning By-law 84-63. V. That all downspouts affixed to the accessory structures be directed away from neighbouring properties; and vi. That the height of the decking placed on the ground along the south property line be adjusted so that it does not exceed 200 mm above the finished grade at its highest point to conform with the definition of "Landscape Open Space" found in Section 2 of Zoning By-law 84-63. Municipality of Clarington Committee of Adjustment A2022-0046 Page 11 SuWitted by: �.4 . Amanda Tapp, Manager Development Review Division Staff Contact: Tracey Webster, Principal Planner, ext. 2415. Interested Parties: The following interested parties will be notified of Committee's decision: