The URL can be used to link to this page

Home My WebLink AboutP-75-80 r CORP(D!R,`VFi0N OF THE TOVIVN OF N7L'E",VVCAE7d LE PLANO NG AWD D'EVELOPh"iEN T DEE PAc 7JV1Ei A D.N.Sf'vi i n i rzat.�.�.�., )iracaor HAr"tr"tP ON,ONTARJO LOS 3.lo TEL (05)01531 REPORT TO THE PLANNING A-17D DEVELOPMENIT COI!24ITTEE MEETING OF APRIL 2S, 1980. REPORT NO P-75-80 SUBJECT: Application for Rezoning, Part Lot 28, Concession 5, former Township of Clarke (Orono) - A. Mangar Our File: Z-A-5-10-4 (key Map BACKGROUND: in December of 19789 the applicant, Mr. M. Mangar applied to the Committee of Adjustment for permission to erect an extension, to a legal non-conforming use, a public garage on the east side of Mill Street in Orono. The Cc:vittee of Adjustment granted the appli- cation, . hick was subsequently appealed to the Ontario Municipal Board. The Ontario Municipal Board, copy of decision attached, set aside the decision of the Committee of Adjustment on the grounds that the nor.-conforming use did not include an auto-body repair business and that the proposed extension for such a purpose, therefore, did not qualify finder the legislation, (please refer to page S of the decision) . in December of 1979, Mr. Mangar filed an application for res_m."_nv for the purposes of removing Lhe non-conforming status from the subject property and Co allow for additional uses to be undertaken within the existing building. The additional uses include, "used car sales" and "body work for safety purposes". IV Staff have circulated the application to the following agencies, (comments received are included) : Durham Regional Planning and Works Departments "Further to your request for comments, please be advised that the subject property is located within Orono, a designated hamlet in the Durham Regional Official Plan. The applicant proposed to have the property rezoned in order to carry on the existing commercial use in the residential zone. in this regard, Section 16.6.5 of the Durham Plan permits the area municipality to zone land to permit the continuation, expansion or enlarge- ment of existing uses provided that such uses have no adverse effect on the present uses of the surrounding lands or the implementation of the provision of the Dur- ham Plan. The proposed rezoning conforms. With regard to services, municipal water supply is avail- able. There is no sanitary sewer in Orono and the Region has no plan to introdaco this service into the village." Ministry of the Environment Approvals and Planning Technical Support Section'' "As requested, we have reviewed the proposeS re-zoning application; the purpose of which is to permit the contin- uation of an existing land use. Our investigation determined that although we arc pncparcd to recognize that Lhcre is a potential for complaints if specific uses are allowed no develop on this site. We therefore recommend that if this re-zoning application is approved that it not permit the development of an auto body repair shop on these premises. Emissions to the atmosphere associated with such an operation in such close proximity to residences would cause insurmountable problems. Provided that auto body repair facilities are not permitted by this re-zoning application or can be excluded from permitted use on this site, we would not object to she approval of this re-zoning applica;ion," Durham Regional Health Unit The Durham Regional Health Unit offers no objection no the above-mentioned application. Newcastle Public Works Depart ant No ccmment. Newcastle Fire Department No objection. Newcastle Building T partment No comment. COMMENT: The application in its present form requests that the existing non-conforming use be rezoned from "RY Residential to a commercial zoning category, thereby removing the legal non-conforming status by recognizing the existing uses. it is the feeling of staff that the application should not be approved as the existing use is within an established residential area, it being the purpose of the legal non- conforming status to ultiman1y have the existing Public garage rcver - to a use permitted under the "R!" zoning category. Ultimately, therefore, the land use "conflict" as it now exists would bG removed. Staff note that the application includes a request to have the sale of used cars" and "light auto body work" included in a zoning by-law amen6nanv. Staff do noo feel that these uses are compatible wiun neighbouring uses and draw the Committee's attention to the comments re- ceived from the Hinistry of the Enviroment. REMEENDATIeON., Than the Planning and Development Committee recommend to ToW_/_ Council that rezoning application Z-A-3-10-4 be denied and the file closed. Respectfully submitted, DNS:Ib D. N. Smith, M.c.I.p. April 16, Director of Planning Onl,ario Board M ME NATTES OF Seuliop 42 of Tnu Ptlannin VR . 0 . 1970 c . 349 ) as oded and - 1N THE MATTEn OF an appeal by William Gvady from a alci6jurl of the COMMIlLse Uf Adjusume"L of Lhe Town OC Newcastit C 0 U N S E V C . U . "Wert for William Grady DECISION OF THE BOARD delivered by F , 0 . BLAKE This appeal is against the Mmmizcee ' s decision Hated December 20, 1978 , whereby Che Committee Manced an appli- catiun by Mlohaul Mango r P •rsuanz to Section 42 ( 2) (a) ( i) of, The Plannin, Awt for permizzion Cc cunstruCL an having dimurnj,ns of 17 .33 feet by 51 , 5 feet t, the rear uf an CX'"'M &Ulldi% nOMIUMnLandM6 Lhis yould be an of a buildi", us,j for a purpose prohibited b, the by-lay . Me subjeco Property is siluaZad , Liz c' east 3ide of pill Mrseu in UOM namint of Orono . MC appeilanz ' s resitancu 13 6ituated an wesc Sit, f Kill the subj,c - property . Thu sutj2ct properry is zunad Residential 01 ) bY By- - !a.,, 1653 w"ch Y �w Passed on November 4 , 1969 , The Mly non- residential uscs permittud by Che church , a QM C , a school , a nobpit al , a nursing Homo , an � an office fOO resident membors of a Profession limited to 25 per cent cf tOtal floor arca. There are two buildials on the subject Property - a detached singie familY dwelling at the north Side , and a building us eO as a public gLrage a& the South sjje it 0; ttis latteP building for whiat the extension is Proposed. A 79107 2 . The &nragw buildin, was constructed about 195&. According to Me evidencu an :his huarin&, Me uae of one buildiny fcw� the ime of its .... .... . time Of the passing of ✓y-law 1653 in 1959 was similar to that of a public garage as definid in the by- law , or ptrhaps more closely , to that of a small service station; the building at that tit s was used for Me sale of gas and oil and for mechanical or running repairs to vehicles , with an apartmenz 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 staWiOn in either a Commercial Zone or a EigtwaY Commercial Zone , ant a pubin; garage in a HQhway Commercial Zone , The definition of "public garage" specifically exclujus from its meaninL for the purposes of By-law ju&3 "an auto body repair shop" . The una of the bui3di3'q for the sale of gas and oil an,j mechanical repairs became a iegal non-conforming use when By-law 1553 has passed, The bulldinL is still being used for those purpus&s , but in addizion it i6 being uynd for auto ouny repairs and Me painting of motor vehicle, . The owner alsi buys used cars , and repairs and resells them, he acquired the property i2 1977 , and testified that auto body repairs and painting wern being carried on by Me previous of when ne purchased une property; U appears mese usus would noc enjoy the status of legal non-conforming uses as they did no exist at the time uf the passing of By-law 1653 . The purpose of the proposed addicion is to reduce fire hazards and provi I de more and better space for auto body repairs and paintinE of vehicles . The subject property is surrounued 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 79107 tfte �LC,rounld S Z;hat exi s n(., P, a i ou--Z a:-.,CS of vein-lcles reoair:.3 C11- fur JLS wit t h a aFlcl tIn a r, t I,, tu a tion ,,,;orsor. if ruposed t:xp-um�,i-n J-s pen-iilt'tcci The autlinurity of a coin.,m teu of adjustIment or this Board under Section 42(2) (a) ( 44. ) of Tne I'lanning Act w2ltIn reSpeCG to uxtcni:iicns of buildin8s is limlteL' to perm. Ltini the •nlargement- or e),,.tension of tlLe building or structurc , providet, tlie land, building or ----trucl.-ure CO.,"t-illues to b�-, usc-d in same, manl.c--r as it -;6 e d, a t c I r o f., c�z; a C 1-I JL S r I'l a r exte�-,::;-ion cio(�.s not un(w 3.- t1na", p c the re asoln, for tne p ropo s t.Ca i on, anC, i-L,s in 'ienr--a:a ul S s uto bocy an tlh,�D pa-,mt-m- of, i--.otol- and is no-I tl-i.e- inanner in Was Da- tlic� dav t4-le by-la.,T .,zas passel-1, t-iu apj'tal -IL, all ovu-cl , Lhc of Corunict cC of is z3Lt. i 5 Gti s a—ul tle exicnsion of t3`ii 3 is nor, �rontecl. Q,17 C� DATZED at Toronto th-J -,, aay c) May ED _ n S >_ � � C7 �.v ; :::::::.::: Cfl f -, �`, coo d �+ RMONWAX00 Mon. fa G rn TWO 1> TRUE : L f { i p ''• 'a V p -r 7•: %• i Y S /y swoon. , y •� � K °x ' yy e� /f h•y_. P�- 3 I XI C) lliHHK v ia� C.. y �n � ��_� ��; _ �\ ,%rii��Y�:;N� iii �T`�°• s.___ �� CID ro ' { _ CO a,�a