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HomeMy WebLinkAboutPSD-047-05 Cl~mgton REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monda~Ap~ 11,2005 Report #: PSD-047-05 File #: ZBA 2005-006 PtX" 1/ {]PfI- If/J-O::; By-law #: Subject: REZONING TO PERMIT A HOME-BASED OCCUPATION IN AN EXISTING DWELLING APPLICANT: TIM AND DORIS TAXIS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-047-05 be received; 2. THAT the application submitted by Martin Topolie on behalf of the Taxis be referred back to Staff for further processing; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: R. dbd~-::;~ eVlewe y: Franklin Wu, Chief Administrative Officer v . ro e, M.C.I.P., R.P.P. Direc or of Planning Services BH/DC/lb/dfllw 5 April, 2005 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET. BOWMANVllLE, ONTARIO l1 C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-047-05 PAGE 2 1.0 1.1 APPLICATION DETAILS Owner: Tim and Dorris Taxis 1.2 Agent: Martin Topoplie 1.3 Rezoning: from "Environmental Protection (EP) Zone" to "Environmental Protection Exception (EP-13) Zone" to permit a home-based occupation within an existing dwelling. 1.4 Location: 825 King Ave East, Newcastle being Part of Lot 25, Concession 1, former Town of Newcastle. 2.0 BACKGROUND 2.1 On February 24, 2005, the Planning Services Department received a rezoning application to permit a home-based occupation within an existing dwelling located in an Environmental Protection (EP) zone. 2.2 The application was filed as a result of a complaint received by By-law Enforcement in August 2004, regarding the outdoor storage of construction equipment. By-law Enforcement sent a letter to the owner of the subject property stating they would need to submit a rezoning application to permit a home occupation use. However, outside storage is not permitted. 2.3 As of April 4, 2005, the outdoor storage was removed. However, use of accessory buildings for storage of equipment related to the home occupation was noted. 2.4 The application proposes an area of 30 sq metres for a home office related to the owner's contracting business. The By-law permits not more than twenty-five (25) percent of the total floor area of a dwelling unit be used for the purposes of a home occupation. The proposed area complies with the 25% requirement. 2.5 The property is serviced by municipal water, and is on a private septic system. 3.0 PUBLIC NOTICE AND SUBMISSIONS 3.1 Public notice was given by mail to each landowner within 120 metres of the subject property and a public notice sign was installed on the King Avenue East Frontage. 3.2 As of the writing of the report, no comments have been received with respect to the application. REPORT NO.: PSD-047-05 PAGE 3 4.0 LAND CHARACTERISTICS AND SURROUNDING AREAS 4.1 A two storey single detached dwelling exists on the subject property along with two accessory buildings. The lands slope to the east and drain into Graham Creek. 4.2 Surrounding Uses: West: Commercial Motor Hotel North: Concrete Industrial Use East: Canadian Pacific Railway South: Environmentally Protected 5.0 AGENCY COMMENTS 5.1 In consideration of the nature of the application to allow a home occupation use within an existing dwelling, the application was circulated to a limited number of agencies. 5.2 Clarington Engineering, Clarington By-law Enforcement, Clarington Emergency Services, Veridian Connections, Ganaraska Region Conservation, Regional Planning Department, Regional Health Department, and the Regional Works Department all advised verbally or in writing they had no obiection to the proposed zoning amendment. 5.3 Clarington Building Department noted that a "Change in Use" permit is required, should the application be approved. 6.0 OFFICIAL PLAN CONFORMITY 6.1 Under the Durham Region Official Plan, the subject property is designated Major Open Space. This designation is to preserve ecological benefits; this proposal will not further intrude on the Major Open Space and therefore is consistent with its intent. 6.2 The subject property is designated as Environmental Protection Area under the Clarington Official Plan. These areas and their ecological functions are to be preserved and protected from the effects of human activity. However, the residential use is legal non-conforming. The home-based occupation is completely within the existing dwelling and will not affect any ecological functions. 6.3 Home-based occupation uses are permitted as an accessory use to a residential dwelling subject to the criteria under section 9.3.6 of the Official Plan. These policies state no exterior display of merchandise or outside storage of goods or material associated with the said use is permitted, and signage shall comply with the provisions of the Sign By-law as amended from time to time. REPORT NO.: PSD-047-05 PAGE 4 7.0 ZONING BY-LAW CONFORMITY 7.1 The property is zoned Environmental Protection (EP) which does not permit a home- based occupation, hence the subject application. 8.0 STAFF COMMENTS 8.1 The Zoning By-law defines home occupation to include uses such as professional or administrative offices; production, repair and retail sale of antiques, art, craft, or hobby items; the teaching of art or craft related skills; the repair of small household appliances; babysitting or day nursery and a barber shop or hairdressing establishment. 8.2 The Zoning By-law requires home occupations to be clearly secondary to the main residential use and shall not change the residential character of the dwelling. Parking is to be provided in accordance with Section 3.15, and the outdoor storage of goods and materials associated with the home occupational use is prohibited. 8.3 During a site inspection issues including accessory structures used for the storage of equipment related to the home occupation, parking requirements, and conformity to the sign by-law were identified. Staff will meet with the applicant prior to a recommendation report to resolve these issues. 9.0 RECOMMENDATIONS 9.1 Based on the comments in this report, it is respectfully recommended that the rezoning application be referred back to Staff for further processing and the preparation of a subsequent report. Attachments: Attachment 1 - Key Map List of interested parties to be advised of Council's decision: Tim and Doris Taxis Martin Topolie, Ovidio Sbrissa Architect KING AVENUE EAST ,....- N'7T2S'3O"r. ..." ~ :.;~ [\r;',f."'3Ieif,J'! . Y;~" " ~~SfOICT ! ~ .. .~. ~ . . .~ :t'~;l:~' H 'r~rt tJ1.U Newcastle Key Map BLOOIIA ATTACHMENT 1 II 72'ZS"JI)'T' 2O_M "'T1 ~ ~ ~ ~ ~ C III "'11>,; . ~1 ^ \ \ /~~.,p () .. . . 1/f't . :?> . . . ; ~ " . . ~ ZBA 2005-006 Zoning By-law Amendment Owner: Tim and Doris Taxis