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HomeMy WebLinkAboutPD-140-82 to. -, 15-. 1t, 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 13, 1982 REPORT NO. : PD-140-82 SUBJECT: APPLICATION FOR REZONING Z-A-3-10-6 PART OF LOT 28, CONCESSION 5, FORMER TOWNSHIP OF CLARKE - MICHAEL MANGAR RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-140-82 be received; and 2. That Application for Rezoning Z-A-3-10-6 affecting Part of Lot 28, Concession 5, within the Hamlet of Orono, be approved; and * 3. That the attached By-law Number 82- be forwarded to Council for approval at such time as the applicant has satisfied -the Region of Durham Works Department for the installation of a water meter. r �' Report No: PD-140-82 . . . ./2 BACKGROUND: The subject application requests an amendment to Restricted Area (Zoning) By-law 1592, as amended, of the former Township of Clarke to rezone a .46 hectare (1 .14 acre) parcel of land located on the east side of Mill Street in the Hamlet of Orono. The applicant is requesting the approval of a By-law amendment which would allow the applicant to continue the use of the lands as a motor vehicle service station, thereby changing the legal status of this operation from legal non-conforming to a conforming use. The subject site is located in the Hamlet of Orono as designated by the Region of Durham Official Plan. Limited commercial and industrial uses may be permitted within Hamlets. In addition, the Regional Plan stipulates that existing and new automobile service stations may be zoned by the Council of the respective area municipality provided that such a rezoning is placed within a special zoning category in the By-law and complies with certain requirements of the Regional Plan. Therefore, the rezoning of this existing automobile service station appears to be in conformity with the Regional Plan. The site is presently zoned "R1-Residential" by Restricted Area (Zoning) By-law 1592, as amended, of the former Township of Clarke. The proposed By-law amendment would apply a "Special Provision" to this site in order to recognize the existing use of the lands. j i In accordance with Departmental procedures, the subject application has been circulated to various departments and agencies for comments. The following comments were received: i Report No: PD-140-82 . , . ./3 The Durham Planning Department: "We note that the site is located within Orono, a designated Hamlet in the Durham Regional Official Plan. Section 10.4.1 .1 of the Durham Plan stipulates that limited commercial and industrial uses may be allowed in hamlets subject to the inclusion of appropriate requirements in the zoning by-law. In addition, Section 8.3.3.3 of the Durham Plan states that: Existing and new automobile service stations shall be zoned by the Council of the respective area municipality within a special zoning category in the zoning by-laws without amendment to this Plan provided that: (a) In the opinion of the Council of the respective area municipality such locations do not create a nuisance to the adjacent residential areas; (b) They are located abutting an arterial road, or a collector road as may be defined in a district plan, and have access from these roads, subject to the approval of the authority having jurisdiction; and (c) Such locations are not adjacent or opposite to schools. The conformity of the proposed amendment is therefore, contingent upon the proposal meeting the above requirements of the Durham Plan." The Durham Regional Works Department " Sanitary sewer service is not available to the site and the Region has no plans to introduce such a service into the Hamlet of Orono. Municipal water supply is available to the site and our records indicate that the existing garage and auto body shop on -the property were connected to the Mill Street watermain and that the connection is presently closed and the water meter is removed. However, water service can be restored by opening the valve on the connection and installing a water meter. i In the event that your Council is favourably disposed to this application, we would request that the applicant be advised to contact the Durham Works Department with respect to the installation of a water meter." Report No: PD-140-82 . . . ./4 The Durham Health Unit "no objection" The Newcastle Public Works Department "no objection" The Newcastle Fire Department "The Fire Department has no objection to rezone to recognize existing legal non-conforming use. Combustible waste materials, flammable liquids, which will constitute a fire hazard shall not be permitted to accumulate within the building or premises. Gasoline dispensing and storage shall be in accordance to "The Gasoline Handling Act" Department of Energy and Resources." The Newcastle Building Department i "During December 1978, the Committee of Adjustment granted a variance (#85-78) to Mr. Mangar to erect an addition to the rear of the existing building. A neighbour who objected registered an appeal and it was upheld by the Ontario Municipal Board. The proposed use of the addition was for auto body repairs and painting of motor vehicles. It is quite possible rezoning of this property would result in any future addition to the existing building being used for auto body repairs." COMMENTS: Mr. Mangar has been charged in violation of the Clarke i Zoning By-law for conducting a body shop operation from this site. In response to that charge, Mr. Mangar has approached staff requesting the rezoning of this site in order to allow i i i Report No: PD-140-82 . . . ./5 this body shop operation to continue. Staff have reviewed an earlier Ontario Municipal Board decision related to a minor variance application on this site and it appears clear from the evidence presented at that hearing that the body shop or body repair business does not enjoy legal non-conforming status. The following excerpts from the May 7th, 1979 O.M.B. decision delivered by O.M.B. member F. G. Blake, serve to describe the status of the property. "The garage building was constructed about 1950. According to the evidence at this hearing, the use of the building from the time of its construction to and at the time of the passing of By-law 1653 in 1969 was similar to that of a public garage as defined in the by-law, or perhaps more closely, -to that of a small service station; the building at that time was used for the sale of gas and oil and for mechanical or running repairs to vehicles, with an apartment on the second floor. No part of the building was used at that time as an auto body repair shop or for the painting of vehicles. By-law 1653 permits a service station in either a Commercial Zone or a Highway Commercial Zone, and a public garage in a Highway Commercial Zone. The definition of "public garage" specifically excludes from its meaning for the purposes of By-law 1653 "an auto body reapir shop". The use of the building for the sale of gas and oil and mechanical repairs became a legal non-conforming use when By-law 1653 was passed. The building is still being used for those purposes, but in addition it is being used for auto body repairs and the painting of motor vehicles. The owner also buys used cars, and repairs and resells them. He acquired the property in 1977, and testified that auto body repairs and painting were being carried on by the previous owner when he purchased the property; it appears these uses would not enjoy the status of legal non-conforming uses as they did not exist at the time of the passing of By-law 1653. Report No: PD-140-82 . . . ./6 The purpose of the proposed addition is to reduce fire hazards and provide more and better space for auto body repairs and painting of vehicles. The subject property is surrounded by residential properties as shown on the plan filed as Exhibit 1 and in the photographs filed as Exhibit 2. The appellant and other residents object to the proposed addition on the grounds that existing noise, paint odours, and parking of vehicles awaiting repairs or for sale is not compatible with a residential neighbourhood, and that the situation will worsen if the proposed expansion is permitted. The authority of a committee of adjustment or this Board under Section 42(2)(a)(i ) of The Planning Act with respect to extensions of buildings is limited to permitting the enlargement or extension of the building or structure, provided that the land, building or structure continues to be used in the same manner as it was used on the day the by-law was passed. It is clear from the evidence presented at this hearing that the proposed extension does not qualify under that legislation; the reason for the proposed extension and its intended use is for auto body repairs and the painting of motor vehicles, and that is not the manner in which the property was being used on the day the by-law was passed. " Given the fact the evidence presented under oath at the earlier O.M.B. hearing confirms that the auto body business was established outside of the provisions of By-law 1653, and given the apparent concerns expressed at that time by local residents, staff are not prepared to recommend that this use be legitimized. We are prepared, however, to recommend that the lands be rezoned to recognize the existence of a Motor Vehicle Gasoline Bar and/or Motor Vehicle Service Station. i I i 1 Report No: PD-140-82 . . . ./7 Based on the above, staff are recommending that the attached By-law be forwarded to Council for approval at such time as the applicant has satisfied the Region of Durham Works Department regarding the installation of a water meter. Respec mitted, T. T. Edwards, M.C.I .P. Director of Planning *mic ,,Applicant: Michael Mangar 17 Mill Street ORONO, Ontario LOB 1MO i i i I