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HomeMy WebLinkAboutPSD-105-05 Cl~mglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, September 6, 2005 Report#: PSD-105-05 File #: ZBA 2005-006 By-law #: Subject: REZONING TO PERMIT A HOME-BASED OCCUPATION IN AN EXISTING DWELLING APPLICANT: TIM AND DORRIS TAXIS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-105-05 be received; 2. THAT the rezoning application submitted by Martin Topolie on behalf of the Taxis be APPROVED and that the attached zoning by-law amendment be forwarded to Council for adoption; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: D vi Dire Reviewed by: . Crome, M.C.I.P., R.P.P. r of Planning Services ranklin Wu, t' Chief Administrative Officer BH/CP/DJC/sh/df August23,2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-105-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Owner: Tim and Dorris Taxis 1.2 Agent: Martin Topolie 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 The Taxis’ advised that they were building an addition to the existing house themselves as a result construction vehicles and materials were stored on site. Over the summer months, construction has been completed and the vehicles and outside storage has been removed. 2.4 The application proposes an area of 54 sq metres as home occupation use for an office. 2.5 The home appears to have been originally constructed in 1975 in conformity with the Zoning By-law at that time. The expansion to the home was approved by permit in 2000. 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. A public meeting for this application was held on April 11, 2005 at which time the application was referred back to staff. 3.2 Mr. Van De Walker submitted a letter and spoke in opposition to this rezoning at the public meeting. At the time the letter was submitted the Taxis residence was being renovated, and there were construction vehicles and outdoor storage on site. Mr. Van De Walker’s concern was that the rezoning would permit a commercial REPORT NO.: PSD-105-05 PAGE 3 contractors site. Planning staff met with the Taxis to discus the issues raised by Mr. Van De Walker. The results of this meeting are addressed under staff comments, section 7.3 of this report. 4.0 AGENCY COMMENTS 4.1 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. 4.2 Clarington Engineering, Clarington Emergency Services, Veridian Connections, Ganaraska Region Conservation, Regional Planning Department, Regional Health Department, and the Regional Works Department had no objection to the proposed zoning amendment. 4.3 Clarington Building Department noted that a “Change in Use” permit is required. 5.0 OFFICIAL PLAN CONFORMITY 5.1 The Durham Region Official Plan designates the subject property as Major Open Space with an indication of environmentally sensitive areas. This designation recognizes hazard land areas and is to preserve ecological resources. This proposal is a conversion of an existing building and will not further intrude on the Major Open Space and therefore is consistent with its intent. 5.2 The Clarington Official Plan designates the subject property as Environmental Protection Area. These areas and their ecological functions are to be preserved and protected from the effects of human activity. The designation also recognizes hazard lands subject to flooding. The home was built prior to the Municipality’s Official Plan. The home-based occupation is completely within the existing dwelling and will not further affect any ecological functions. 5.3 Home-based occupation uses are permitted as an accessory use to a residential dwelling to a maximum of 30% of the dwelling and floor area, 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 is permitted, and signage shall comply with the provisions of the Sign By-law. 6.0 ZONING BY-LAW CONFORMITY 6.1 The property is zoned Environmental Protection (EP) which does not permit a home- based occupation, hence the subject application. 7.0 STAFF COMMENTS 7.1 The Zoning By-law defines home occupation to include uses such as professional or administrative offices. The Zoning By-law requires home occupations to be clearly secondary to the main residential use and shall not change the residential character REPORT NO.: PSD-105-05 PAGE 4 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. 7.2 A home-based occupation being completely within the existing dwelling does not require further encroachment on environmentally protected lands. The official plan and zoning by-law permit a home occupation within an existing dwelling that meets the requirements of section 3.12 of Zoning By-law 84-63. No outdoor storage will be permitted with the associated use. 7.3 Ongoing construction of the Taxis residence resulted in many “Taxis Construction” vehicles to be stored on site. This created the appearance that the property was being used as a contractor’s yard. At a meeting with planning staff on April 18, 2005, the Taxis acknowledged that equipment and storage was temporary. Since that meeting, construction on the house has been completed. The vehicles and supplies are now stored of site in a warehouse purchased by the Taxis. Less than 25% of the house is used as a office remaining predominantly residential, satisfying the definition of a home-based occupation. 7.4 An additional 4 parking spaces have been constructed for the home occupation in accordance with the parking area regulations of Section 3.16 of Zoning By-law 84- 63. 7.5 Staff noted the existing identification sign did not conform to the Sign By-law and the Municipality had not issued any sign permits. However, Taxis Contracting Limited obtained approval for a home occupation sign from the Ministry of Transportation (MTO). At the time this portion of Highway 2 was under MTO’s jurisdiction. 7.6 The Finance Department advises that taxes have been paid in full. 8.0 CONCLUSION 8.1 The site has been cleaned up; the outside storage, machinery and trucks have been re-located to a warehouse outside of Clarington. Based on no further encroachment in the environmentally sensitive area and the comments in this report, it is respectfully recommended that the rezoning application be APPROVED. Attachments: Attachment 1 - Key Map Attachment 2 - By-law Amendment List of interested parties to be advised of Council's decision: Tim and Doris Taxis Martin Topolie/Ovidio Sbrissa Architect Mr. Van De Walker REPORT NO.: PSD-105-05 INTERESTED PARTIES LIST Company Address City Province Postal Code Name Martin TopolieOvidio Sbrissa 420 King Street WestOshawa, ON L1J 2K8 Architect Tim and Dorris 825 King Avenue EastNewcastle, ON L1B 1K8 Taxis THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005-_____ being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle for ZBA 2005-006; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. By adding a new Section 5.2.13 respecting lands zoned EP-13, as follows: “5.2.13 ENVIRONMENTAL PROTECTION EXCEPTION (EP-13) ZONE Notwithstanding Section 5.2, those lands zoned EP-13 on the Schedules to this By-law, may in addition to other uses permitted in the Environmental Protection (EP) Zone an existing dwelling may be used for a professional or administrative home occupation office in accordance with home-occupation provisions of Section 3.12 of this By-law.” 2. Schedule “5” to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: “Environmental Protection (EP) Zone” to “Environmental Protection Exception (EP-13) Zone” as illustrated on the attached Schedule “A” hereto. 3. Schedule “A” attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2005 BY-LAW read a second time this day of 2005 BY-LAW read a third time and finally passed this day of 2005 _______________ _ ________ John Mutton, Mayor ________________ ________ Patti L. Barrie, Municipal Clerk