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HomeMy WebLinkAboutPD-76-85 V t > CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1J0 TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MAY 6, 1985 REPORT NO. : PD-76-85 SUBJECT: APPLICATION FOR REZONING - M. MANGAR PART LOT 28, CONCESSION 5, CLARKE (17 MILL STREET, ORONO) FILE: DEV 85-5 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-76-85 be received; and 2. That the application for- rezoning and site plan approval File: DEV 85-5 submitted by Mr-. M. Mangan for• a 0.03 hectare parcel of land in Part Lot 28, Concession 5, Clarke be denied; and 3. That a copy of Council 's decision be for,war•ded to the * applicant and all persons expressing an interest in the application. . . .2 '1 ° ' p REPORT NO. : PD-76-85 Page 2 BACKGROUND: On March 6, the Planning Department received an application submitted by Mr. Michael Mangar to rezone a 0.03 hectare (0.07 acre) parcel of land located at 17 Mill Street, Orono. The purpose of the application is to expand the uses permitted in conjunction with the existing motor vehicle service station to include motor vehicle sales and rentals, body work and painting for motor vehicle safety checks, the sale of automotive parts and propane conversions and the sale of propane fuel . The applicant is also proposing to construct a 76 sq.m. (816 sq.ft. ) addition to the rear of the existing garage building to house the proposed paint spray booth and the automotive parts retail section. The construction of this addition is subject to site plan approval . The property is currently zoned "C6-Service Station Commercial " by By-law 84-63. The applicant has applied to the Town on three previous occasions to expand the permitted uses on the subject property. On December 20, 1978, the Committee of Adjustment granted Mr. Mangar's request to construct an addition to the rear of the existing building to permit auto body repairs and the painting of vehicles. This decision was appealed to the Ontario Municipal Board by a local resident. Evidence presented at the Ontario Municipal Board Hearing indicated that the existing building had been constructed about 1950 and up to the date of passing of By-law 1653 in 1969, which zoned the property to "R1-Residential ", had been used for the sale of gas and oil and mechanical repairs. These activities assumed legal non-conforming status with the passing of By-law 1653. However, the evidence also indicated that prior to 1969, no part of the building had been used as an auto body repair shop or for the painting of vehicles. The Ontario Municipal Board overturned the decision of the Committee of Adjustment, noting that the proposed addition would be used for a purpose which did not enjoy legal non-conforming status. . . .3 REPORT NO. : PD-76-85 Page 3 In December 1979, the applicant submitted a rezoning application (File: DEV 79-44) to permit the continuation of the existing uses of the property and to permit used car sales and body work for safety purposes. Staff, in their report, noted that the application should not be approved as the existing use is located within an established residential area and the purpose of the legal non-conforming status is to ultimately have the existing public garage revert to a use permitted under the "R1" zone. Council denied the application. Mr. Mangar applied again in July 1982 (File: DEV 82-19) to recognize the existing uses of the property. Staff prepared a by-law permitting a motor vehicle gas bar and a motor vehicle service station on the subject property. The by-law provided detailed definitions of these two uses and specifically excluded a motor vehicle body shop and any other use or activity otherwise defined in the Clarke Township Zoning By-law. Council approved the by-law as presented (By-law 82-152) in October, 1982. As mentioned earlier in this report, the subject property is currently zoned "C6-Service Station Commercial " which permits a motor vehicle fuel bar and a motor vehicle service station. Since 1979, the Town By-law Enforcement Officer has received numerous complaints from area residents regarding the use of the subject property for autobody repair and vehicle painting, and the storage and sale of used automobiles. The presence of derelict motor vehicles and cars for sale has been observed by the By-law Enforcement Officer on several occasions, and in 1983, Mr. Mangar was twice found guilty in Provincial Offences Court of unlawfully painting motor vehicles in contravention of the provisions of the Clarke Township Zoning By-law. The current rezoning was circulated to various departments and agencies for comment in accordance with Department procedure. None . . .4 v REPORT NO. : PD-76-85 Page 4 of the agencies or departments contacted indicated an objection to the proposed uses, although a number of concerns were identified as requiring attention should the application be approved. These concerns include the use of the Town road allowance in front of the subject property, and the approval of plans for the spray booth and the propane and fuel dispensing installations. The Town has also received letters of objection and support from residents in the immediate vicinity of Mr. Mangar's property. * Copies of these letters and petitions are attached hereto. The concerns as expressed by those residents objecting are as follows: - the proposed uses are incompatiable with a residential area and would decrease the residential value of the neighbourhood - applicant does not currently maintain property - noise pollution and paint fumes are obnoxious to neighbours - danger of fire or explosion - damage to neighbouring property from paint and debri s - applicant has illegally carried on bodywork and painting over past seven years - applicant currently stores and sells motor vehicles on property COMMENT: As indicated earlier in this Report, Mr. Mangar's property is currently zoned "C6-Service Station Commercial ", which permits the operation of a motor vehicle service station. Mr. Mangar's application seeks to expand the permitted uses to include motor . . .5 REPORT NO. : PD-76-85 Page 5 l / vehicle sales and rentals, bodywork and painting for- motor- vehicle safety checks, the sale of automotive parts, propane conversions and the sale of propane fuel . A "motor- vehicle ser-vice station" as defined by By-law 84-63 provides for- the sale of fuel and other, automotive products, and mechanical r-epair-s to motor vehicles. Propane conversions ar-e i nter•pr•eted as being per-mitted within the definition of a motor- vehicle service station provided it does not become the principle use and remains ancillary to the use as a motor- vehicle service station. The sale of propane fuel is permitted under- the present zoning, however, the location of the propane tank and dispensing installations ar-e subject to the approval of the Ministry of Consumer- and Corporate Relations, Fuel Safety Branch and the Town. With respect to Mr-. Mangar•'s request to permit bodywork and motor- vehicle painting for- safety checks, Staff note that the applicant cut•r-ently holds a valid Motor- Vehicle Inspection Licence issued by the Ministry of Tr•anspor-tation and Communications. Such a licence permits the operator- to inspect motor vehicles for- compliance with provincial safety standards and to issue safety standards certificates. Staff have reviewed the Regulation under- the Highway Traffic Act for- Motor, Vehicle Inspection Stations, and note that there is no r•equir•ement within the Regulation for- the operator of an Inspection Station to be able to perform repairs to a vehicle to br-ing that vehicle into compl ai nce with pr•ovi nci al safety standards. The Regulation states only that a certificate cannot be issued unless a vehicle has been inspected and found to comply with per-for-mance standards. Staff have also reviewed the Regulation under- the Highway Traffic Act for- Safety Inspections. This r-eview deter-mined that the bodywork or- mechanical r-epair•s r•equir•ed to bring a motor- vehicle into compliance with pet•for-mance standards would be permitted in conjunction with a motor- vehicle service station. Staff emphasize however-, that the intent of the definition of a Motor- Vehicle Service Station is such that bodywork or- mechanical r-epair•s be . . .6 v�f a 1 REPORT NO. : PD-76-85 Page 6 minor in nature and not constitute the exclusive or principle use of a property. This would therefore preclude, for example, major bodywork or mechanical repairs to bring a vehicle into compliance for resale or to repair major collision damage. Such major work is not compatible with a residential area and is more appropriately carried out in specialty motor vehicle repair garages and motor vehicle body shops as defined by By-law 84-63. Such establishments are industrial in nature and are listed by By-law 84-63 as being permitted in the "M2-General Industrial " zone. The applicant has indicated in his submission to the Town that he intends to use the lower level of the proposed addition as a spray booth for painting motor vehicles. In 1983 the Ministry of the Environment issued Mr. Mangar with a Certificate of Approval for the installation of an exhaust system for an automotive paint spray booth. The Ministry advised the applicant that, although the unit is capable of operating within regulatory limits, under certain production and/or weather conditions, excessive solvent odours may result in justifiable complaints to the Ministry. The applicant has indicated that he wishes to construct a paint spray booth in order to perform safety inspections and issue safety standards certificates. Staff note that the spray booth as proposed would be large enough to paint an entire vehicle and would far exceed the requirement for minor mechanical or body repairs. Staff further note that the Regulation under the Highway Traffic Act for Safety Inspections does not state that a motor vehicle must be painted in order to be issued with a Safety Standards Certificate. Therefore, Staff question the need for a paint spray booth in order to maintain his Inspection Station Licence or to issue Safety Certificates. Motor vehicle painting is defined by By-law 84-63 as an industrial use and is only permitted in conjunction with a motor vehicle body . . .7 REPORT NO. : PD-76-85 Page 7 shop in the 'W-General Industrial " zone. The establishment of such an industrial operation would constitute a significant intrusion into an established residential area and, in particular-, the proposed spray booth would only be a few metres from the nearest residential dwelling. As noted earlier- in this report, the Town has received numerous complaints of motor- vehicles being painted on the subject pr-oper•ty and the applicant has been convicted twice of illegally painting motor- vehicles. The letters of objection received, from residents in the immediate vicinity of W. Mangar•'s garage, cite the adverse effects this painting has had on the residents. Based on the potential for adverse effects the establishment of a motor- vehicle paint spray operation could have on area residents, Staff cannot recommend approval of this portion of the rezoning application. W. Mangar• has also requested permission to sell and rent motor- vehicles and to sell automotive parts. Both the Durham Regional Official Plan and By-law 84-63 limit motor- vehicles sales dealerships to Special Purpose Commercial Areas. Special Purpose i Commercial Areas ar-e intended to be located along major- arterial roads and r•equi r-e 1 ar•ge parcels of land. The subject site would not appear- to meet either- of these cr-i teri a. As well , motor- vehicle sales ar-e not a use which is inherently compatible with residential areas. Staff do not feel that establishment of a used car- lot on a site as limited as this one in terms of size and accessibility would, in any way, enhance the present neighbourhood. Staff note that the Town has received complaints of vehicles being parked for- sale and derelict vehicles being stored on W. Mangar's pr•oper•ty. . . .8 i REPORT NO. : PD-76-85 Page 8 / With respect to the applicant's request to sell automotive parts, Staff note that the definition of motor- vehicle service station does permit limited sales of automotive supplies. It would not, however, permit the extensive sale of new or used automotive parts on the scale proposed by the applicant. Such an operation is considered to be a Special Purpose Commercial use and as such, should be carried out in an area designated for- such purposes by the Official Plan. Staff do not support the introduction of this type of use in an established residential area and cannot recommend that this portion of the rezoning application be approved. Staff they•efor-e recommend that Mr. Mangar•'s request to rezone his pr-oper-ty to permit motor- vehicle bodywork and painting, the sale and rental of motor vehicles, and the sale of automotive parts be denied. Inasmuch as the proposed addition to the existing garage building would be used for- the sale of automotive parts and a pai ntspr•ay booth, it is also recommended that My-. Mangar•'s application for- site plan approval also be denied unless it can be shown that this addition would only be used for- purposes consistent with the intent of the present zoning. .Respectf mitted, r r T.T. Edwards, M.C. I.P. Di rector- of Planning JAS*TTE*jip *Attach. Apr-il 25, 1985 APPLICANT: My-. Michael Mangar- 17 Mill Street North ORONO, Ontar-io LOB 1MO