HomeMy WebLinkAboutComments A2021-0003 190 Church StreetClarftwn
Planning and Development Services
Committee of Adjustment
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Date of Meeting: March 25, 2021
File Number: A2021-0003
Address: 190 Church Street, Bowmanville
Report Subject: An application to permit a single -detached dwelling in addition to a
business, professional or administrative office.
Recommendations:
1. That the Report for Minor Variance A2021-0003 be received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That the application A2021-0003 to permit a single -detached dwelling in addition to a
business, professional or administrative office be approved as it is minor in nature, is
desirable for the appropriate development or use of the land and maintains the
general intent and purpose of the Zoning By-law, the Durham Region Official Plan
and Clarington Official Plan; and
4. That all interested parties listed in this report be forwarded a copy of Committee's
decision.
Municipality of Clarington
Committee of Adjustment
A2021-0003
1. Application Details
1.1 Owner/Applicant: Scott Penfound
Page 2
1.2 Proposal: Minor Variance to Section 16.5.59 of Zoning By-law 84-63 to permit a single
detached dwelling in addition to a business, professional or administrative office in the
General Commercial Exception (C1-59) Zone.
1.3 Area of Lot: 1,011 square metres
1.4 Location: 190 Church Street, Bowmanville, Part Lot 12, Concession1, Former Town of
Bowmanville (Figure 1)
1.5 Legal Description: Plan Grant BLK1 Lot 146
1.6 Zoning: General Commercial Exception (C1-59) Zone
1.7 Clarington Official Plan Designation: Urban Centre. Bowmanville East Urban Centre
Secondary Plan — Mixed Use area
1.8 Durham Region Official Plan Designation: Regional Centre
1.9 Heritage Status: Primary Heritage Resource
Municipality of Clarington
Committee of Adjustment
A2021-0003
Figure 1: Location Map
Page 3
Municipality of Clarington
Committee of Adjustment
A2021-0003
2. Background
Page 4
2.1 The subject property consists of a two -storey brick building originally built around 1855.
The building is identified as property with primary heritage resource on Clarington's
heritage resources inventory. Primary properties are those classified as the best
examples of a particular style of architecture. In its overall form and design this building
can be classified as vernacular late Georgian (Figure 2).
2.2 In 2014, the owners rezoned the property from Urban Residential Exception (R1-12)
Zone which permitted a single detached dwelling and accessory uses to General
Commercial Exception (C1-59) Zone which only permits a business, professional or
administrative office. The Zoning By-law amendment approved in 2014 contains
provisions to ensure that the business, professional or administrative office use is
consistent with the policies of the Secondary Plan to enhance the character of the
property. Following the rezoning, a site plan was approved in 2015.
2.3 On March 9, 2021, the new owner applied for a minor variance to permit the residential
use of the property. The effect of the minor variance would allow the building to be
used as a single detached dwelling or as an office as per the C1-59 Zone. The
applicant would like to sell the property but would like to add the residential use in
addition to the business, professional or administrative office to provide options for
potential purchasers.
2.4 There have been no building permits for interior building alterations to change the use
from residential to business, professional or administrative office. No exterior
alterations have been made (Figure 2 and 3).
Figure 2: Subject Property in 2014
Municipality of Clarington
Committee of Adjustment Page 5
A2021-0003
Figure 3: Subject Property in 2021
I Land Characteristics and Surrounding Uses
3.1 The subject property is located on the north side of Church Street in a block located
between Scugog Street and Silver Street. This block currently includes residential,
commercial, a community facility and is located one block north of King Street West.
3.2 The site slopes down to the south towards Church Street. The existing building is
located on the east side of the property. The property is landscaped with a mature
cedar hedge buffering the driveway from the residential property to the west. The
property includes several mature trees.
3.3 The surrounding uses are as follows:
North — A single detached dwelling. Zoned for high -density residential.
South — A commercial building across Church Street.
East — Single detached dwelling.
West — A Duplex dwelling. Zoned for high -density residential.
3.4 The adjacent properties to the north and west are zoned Urban Residential Exception
(R4-8) Zone which permits a higher density and building height (approximately five
storeys). These zoning rights have been in place since 1989.
4. Public Notice and Submissions
4.1 Pursuant to the requirements of the Planning Act, the appropriate public notice signage
was installed on the subject lands. In addition, the appropriate notice was mailed to
each landowner within the prescribed distance.
Municipality of Clarington
Committee of Adjustment Page 6
A2021-0003
4.2 Staff received four inquiries regarding the application. Two enquiries were from nearby
residents that wanted to understand the purpose of the Minor Variance. Both
expressed no concerns with the proposed minor variance.
4.3 One inquiry was from a prospective purchaser of the property. Staff advised that the
application is for a minor variance which would have the effect of adding a single -
detached dwelling as a permitted use in addition to the continued permission for a
business, professional or administrative office. Should the minor variance be approved
by the Committee of Adjustment, the residential use can proceed and the permission
for the office use would remain. The owner of the property would have the flexibility to
decide. They also wanted to know the impacts to property taxes for the property if the
property remained zoned commercial. Staff from the Taxation Services of the Finance
Department advised that taxes are calculated based on the use of the property and
further outreach can be made to the Municipal Property Assessment Corporation.
4.3 One neighbour had questions about the nature of the application and shared concerns
with the compatibility of a low -density residential use next to a future high -density
residential development. Staff advised that the owners of the surrounding properties
have development rights and whomever chooses to purchase 190 Church Street will
have to do their due diligence to understand the land uses permissions of the
surrounding properties.
5. Departmental Comments
5.1 The Infrastructure Division of Public Works has reviewed the above -noted application
and have no objections to the proposal.
5.2 Clarington Emergency and Fire Services Department has no fire safety concerns with
respect to the submitted applications.
5.3 The Building Division of Planning and Development Services has no concerns with the
proposed residential use. A building permit will be required if the residential use is
converted to a commercial use.
6. Discussion
Conformity with the intent and purpose of the Regional and Clarington Official Plans
6.1 Durham Regional Official Plan
The subject property is designated "Regional Centre" within the Durham Regional
Official Plan. This Plan indicates that Regional Centres shall be developed as the main
concentration of commercial, residential, cultural and government functions within urban
areas. Both residential and business, professional or administrative office use conform
with the intent of the Durham Regional Official Plan.
Municipality of Clarington
Committee of Adjustment
A2021-0003
6.2 Clarington Official Plan
Page 7
The subject property is designated "Mixed Use Area" within the Bowmanville East Urban
Centre of the Clarington Official Plan. The building was constructed around 1855 which
predates the Official Plan designation and no change to the building or property is
proposed at this time. The "Mixed Use Area" designation permits a variety of uses
including the residential use and business, professional or administrative office. Both the
residential and the business, professional or administrative office use conform with the
Clarington Official Plan.
Conformity with the intent and purpose of the Zoning by-law
6.3 Within the Comprehensive Zoning By-law 84-63, as amended, the subject property is
zoned "General Commercial Exception (C1-59) Zone", which only allows for a
business, professional or administrative office use. However, residential uses were
permitted on the subject property prior to the rezoning completed by the landowners in
2014. The rezoning completed in 2014 was not intended to remove an incompatible
land use. Instead it was completed to provide greater flexibility in the use of the
property.
6.4 Current zoning of neighbouring properties to the north and west allows for a maximum
building height of 14.8 metres for high -density residential development. The approval
of this minor variance is not intended to inhibit the development rights of the
neighbouring property.
6.5 The intent of the current Zoning By-law provisions is that the existing building be
utilized in a manner that preserves its built character, preserves the mature trees on the
property and contributes to the vibrance of this downtown neighbourhood. The use of
this property and building for either residential or commercial use conforms with the
intent of the Zoning By-law.
Desirable for the appropriate development or use of the land, building or structure
6.6 The neighbouring structures today are residential dwellings. Additionally, there is a
community facility in the same block (St. Paul's United Church). The subject property is
also less than 300 metres from businesses along King Street West, in downtown
Bowmanville. A mix of uses, including residential and office, are appropriate uses for
the subject property.
6.7 As previously noted, a number of the surrounding properties are already zoned for
higher -density development. The Bowmanville East Urban Centre Secondary Plan
emphasizes the importance of providing redevelopment opportunities, while at the
same time preserving local heritage character. It is expected that within downtown
Bowmanville there will be numerous opportunities where new development will be
constructed beside historical building stock. Through the ongoing update to the
Bowmanville East Secondary Plan it is expected that appropriate urban design policies
will guide the form of that new development.
Municipality of Clarington
Committee of Adjustment
A2021-0003
Page 8
6.8 For these reasons, the application is considered desirable for the appropriate use of the
structure.
Minor in Nature
6.9 The subject property was previously used as a residential dwelling for almost 160
years. In 2014 the former owners rezoned the property to only allow a business,
professional or administrative office. The Zoning By-law regulations (setbacks, height
etc.) ensure that either a residential use or an office use can only exist within the
physical limits of the building as it exists today.
6.10 The application to permit either a residential use or an office use, will not change the
appearance of the property, the existing physical character of the structure or impact
the streetscape. For these reasons the proposal is considered to be minor in nature.
7. Conclusion
7.1 Based on Staff's review of the application and the agency comments received, the
application meets the intent of both the Official Plan and the Zoning By-law. The
application is considered to be minor in nature and is desirable in the neighbourhood.
Given the above comments, Staff recommend approval of the application to permit a
single detached residential dwelling as a permitted use at 190 Church Street,
Bowmanville.
Submitted by:
Anne Taylor Scott, Principal Planner
Development Review Branch
Staff Contact: Ruth Porras
Interested Parties:
The following interested parties will be notified of Committee's decision:
Scott Penfound
Shawna Davidovich
Grzegorz M. Wojcik
Andrew Rice of on behalf of John and Janet Rice. (139 Wellington & 194 Church St)
Thomas Somogyi