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HomeMy WebLinkAboutP-33-81 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF FEBRUARY 16, 1981. REPORT NO. : P-33-81 i SUBJECT: Application for Rezoning Number Z-A-1-12-4 Part of Lot 18, Con. 5, former Township of Darlington - Mrs. Bonnie Faber BACKGROUND: The subject application requests an amendment to the Darlington Zoning By-law to rezone a 1030.5 square metre (11,092 square feet) parcel of land fronting on Scugog Road in the Hamlet of Hampton. The applicants intend to rezone their property in order to allow the continuation of an existing retail operation from their residence, being an antique and gift shop. In reviewing the subject application, staff note that the existing commercial use was established in 1972, in contravention of the Darlington Zoning By-law. In addition, staff have been advised that within the past year the applicants have added an office to the rear portion of the existing residence, which is presumably being used in conjunction with the antique and gift shop. However, the Newcastle Building Department has informed us that a building permit was not issued for the construction of the office, and that the applicants had never approached the Building Department in res- pect of any building restrictions or regulations which may have affected the construction. As a result, the addition does not conform with the present r r, r 2 - yard requirements of the Zoning By-law and may not conform with the regulations of the Ontario Building Code. The site is located within the "hamlet" of Hampton as designated by the Region of Durham Official Plan. Section 16.6.5 of the Durham Plan permits Local Councils of the municipality to zone to permit con- struction, expansion or enlargement of existing uses provided that such existing uses have no adverse effect on the present uses of the surrounding lands or the implementation of the provisions of this plan. Each case should be considered on its own merits by the Council of the area munici- pality. Therefore, the proposal would appear to conform with the policies of the Region of Durham Official Plan. The site is presently zoned "R3 Residential" in the Darlington Zoning By-law. Generally, commercial uses are not permitted under this zoning category, however, the proposed by-law would apply a special pro- vision to this site in order to allow the continuation of the existing use. The application was circulated to the following Departments for comment: The Durham Planning and Works Department - "Limited commercial uses are permitted within hamlet areas in accordance with Amendment No. 41 to the Durham Regional Official Plan. The said amendment is presently before the Minister of Housing for approval. Since the rezoning application is to allow the continuation of an existing antique and gift shop within a dwelling, you may wish to have regard to the provisions of Section 16.6.5 of the Durham Plan which indicates that "at their discretion Local Council may zone to permit the continuation, expansion and enlargement of existing uses provided that such existing uses have no adverse effect on the present uses of the surrounding lands or the implementation of the provisions of this plan. Each case should be considered on its own merits by the Council of the area municipality". In the event that this rezoning is dealt with within the context of Section 16.6.5, your Council is favourably disposed to this appli- cation, it is respectfully suggested that a clause be included in the by-law to indicate that the permitted use allowed in the by-law is existing at the date of passing of the by-law. 3 - With respect to Regional services, municipal water supply and sanitary sewer services are not available to the subject site and the Region has no plan to introduce such services into the Hamlet of Hampton. It is our understanding, however, that the subject site is presently serviced with private well and septic tank." The Durham Health Unit - "The Durham Regional Health Unit offers no objection to the above-mentioned application." The Newcastle Fire Department - "The Fire Department has no objections to the proposed application." The Newcastle Public Works Department - "It would appear that this appli- cation would be for permission to continue an existing use, and that a commercial enterprise can operate in an R3 Residential Area. The existing access is acceptable and, therefore, the Public Works has no concerns in this matter." The Newcastle Building Department - "The area indicated as "office" on the Plan of Survey was constructed within the past several months. Application was not made to the Committee of Adjustment for a minor variance nor was a building permit issued. A building per- mit is required but cannot be issued until rezoning is approved or a variance granted by the Committee of Adjustment." The Long Range .Planner for the Town of Newcastle - "The subject site is located within the Hamlet of Hampton as designated by the Durham Regional Official Plan. Section 10.4.1.1 permits "limited convenience commercial" and "home occupation" uses subject to the inclusion of appropriate provisions within the zoning by-law. In view of the nature of this proposal, I would have no objection to an amendment to recognize this as a home occupation. If, however, the applicant is seeking a commercial designation, then the proposal would not conform to the Regional or Darlington Official Plans, and could not be approved prior to approval of Amendment 41 to the Regional Plan, and would also require either an amendment to the Darlington O.P. , which designates the site as "suburban residential", or local adoption of the hamlet development plan for Hampton." COMMENTS: Staff have reviewed the application submitted by Mrs. Bonnie Faber and would have no objection to the continuation of the existing antique and gift shop, which is considered by staff as being a "home occupation" use. In addition, we note that this retail operation has been in existence for several years and has generally not disturbed abutting residential uses in the area. v-C►) - 4 - However, staff note that the applicant will be required to enter into a development agreement with the Town of Newcastle and following the approval of the appropriate by-law amendment, Mrs. Faber will also be required to apply for a building permit from the Newcastle Building Department, as this requirement was not previously fulfilled. This will ensure that the addition is in conformity with or will be brought into conformity with the building regulations of the Ontario Building Code. RECOMMENDATION: It is respectfully recommended: 1. That the subject application Z-A-1-12-4 be approved; 2. That the attached By-law 81- be forwarded to Council for approval at such time as the applicant has executed a Development Agreement, the said Agreement is to be forwarded to Council with the attached By-law. Respectfully submitted, EP:lb D. N. Smith, M.C.I.P. January 28, 1981 Director of Planning i