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HomeMy WebLinkAboutComplete Addendum Report and Original Report A2021-0003 04-15Clarftwn Planning and Development Services Committee of Adjustment Addendum Report 1 to the March 25, 2021, A2021-0003 Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: April 15, 2021 File Number: A2021-0003 Address: 190 Church Street, Bowmanville Report Subject: Minor variance application to permit the existing structure at 190 Church Street to be used either as a single detached dwelling or as a business, professional or administrative office Recommendations: 1. That the Report for Minor Variance A2021-0003 be lifted from the table; 2. That the Addendum Report for Minor Variance A2021-0003 be received; 3. That all written comments and verbal submissions were considered in the deliberation of this application; 4. That application A2021-0003 for minor variances to Section 16.5.59 of Zoning By- law 84-63 to permit the existing structure at 190 Church Street to be used either as a single detached dwelling or as 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; 5. That the provisions of the General Commercial Exception (C1-59) Zone shall apply to the structure if used as a single detached dwelling; and, 6. 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. Background Page 2 1.1 Application A2021-0003 was heard at the Committee of Adjustment meeting on March 25, 2021 via Microsoft Teams. At the meeting Staff received a number of comments regarding the application that required further discussion: 1.2 Mr. John McDermott, a Planning consultant representing the Rice family advised that he and his clients are not opposed to the minor variance, however he outlined his client's concerns and that should the Committee approve the application, that they do so with the following conditions otherwise in the interest of his clients, the matter could be appealed to the Local Planning Appeal Tribunal (LPAT). These points below were also outlined in Mr. McDermott's letter to the Committee of Adjustment dated March 24, 2021. • Registration of a notice on title ensuring that future owners of 190 Church Street are aware of the approved land use planning framework and the future use and development of the adjacent lands to the north and west for higher density residential purposes; • Clarity of the regulatory provisions which would apply to the property in the event that applications are submitted by future owners to extend or enlarge the existing structure or to address other requisite Planning Act approvals. 1.3 The Owner of the property, Mr. Scott Penfound, indicated that he would have no concerns with a notice on title. 1.4 A prospective buyer, Shawna Davidovich, asked what kind of restrictions would be on the property. Planning Staff indicated that the existing structure should remain in the condition it is but that it would not restrict interior renovations. 1.5 Mr. McDermott requested information regarding the regulatory provisions for the residential use that would apply to the property in the event that applications are submitted by future owners to extend or enlarge the existing structure. Committee Member, Shelley Pojhola stated that the Committee does not have that information available before the Committee and that the public should be made aware of the provisions. 1.6 The Committee approved the following motion: "That application A2021-0003 to permit a single -detached dwelling in addition to a business, professional or administrative office be tabled for a period of up to sixty (60) days to allow Planning Staff to address the performance standards for the residential single -detached dwelling and the clarify the wording of the purpose of the application." Municipality of Clarington Committee of Adjustment A2021-0004 Page 3 1.7 Therefore Staff highlight three issues that are discussed in this addendum report for the Committee's consideration resulting from the last meeting and discussions subsequent to the meeting. 1. Clarification of the Notice of Hearing 2. Clarification regarding the zoning regulations that would be applicable to the single detached dwelling, and; 3. Whether it is in the best interest for the Committee of Adjustment to add a warning clause registered on title as a condition of the Committee's decision. Wording of Hearing Notice 1.8 Staff revisited the purpose and the latest Notice of Hearing clarified the intent of the application such that the applicant has proposed to use the existing structure exclusively as either a single detached dwelling or as a business, but not both at the same time. 1.9 The wording of the Notice of Hearing was revised from: "To permit a single detached dwelling in addition to the permitted uses in a General Commercial Exception (C1-59) Zone to "Permit the existing structure at 190 Church Street to be used either as a single detached dwelling or as a business, professional or administrative office". 1.10 The property owner confirms the revision to the application and has provided their written concurrence with the revised wording of the purpose of the application. Applicable Zoning Regulations 1.11 Planning Staff reviewed the comments received at the meeting and have addressed the question of the applicable regulations. After further review Staff prefer to rely on the regulations of the C1-59 Zone versus the Urban Residential Type One (R1) Zone. The C1-59 Zone regulations will ensure the building is limited to the floor area of the building as it exists today (240.8 square metres). 1.12 This minor variance application is to permit the existing structure to be used as a single detached dwelling or as a business, professional or administrative office. Both the business, professional or administrative office and proposed residential use should be limited to operate within the existing floor area of the building as it exists today. The maximum floor area permitted is 240.8 square metres. Staff's recommendation is to apply the C1-59 Zone regulations to either the residential use of the structure or the office use. Regardless of the other zone provisions in the C1-59 Zone, any proposed expansion to floor area would trigger a Planning Act application. Municipality of Clarington Committee of Adjustment A2021-0004 Page 4 1.13 In summary, and despite any other regulation in the C1-59 Zone, if future owners wish to extend or enlarge the existing structure (whether office or residential use), the owners will need consult with Planning Staff to discuss the proposal and should any expansion be pursued, the appropriate Planning Act process would be required. Warning Clause Registered on Title 1.14 At the meeting Mr. Scott Penfound, indicated that he would have no concerns with a notice on title requested by Mr. John McDermott and his clients. 1.15 In Planning Staff's opinion there is no dispute that Section 45(9) provides the Committee authority to issue conditions of approval. Further, Section 45(9.1) allows the Committee to enter into an agreement with the landowner to implement conditions and the agreement can be registered on title. A warning clause could be part of this agreement. 1.16 Planning Staff understands the concern and interests of Mr. McDermott and the Rice family. However, the type of condition requested is not reflective of past practice of the Committee of Adjustment, albeit this request is not common. When considering other development applications such as subdivisions and site plan applications, there are numerous examples of warning clauses that can be registered on title i.e. relating to noise impacts, nearby agricultural operations, grading and drainage, to name a few. These examples of warning clauses reflect a broader public and municipal interest versus protection of a private interest. It would be difficult for the Committee to define parameters or guidelines where it would be appropriate to register warning clauses relating to a private interest. It is traditionally not the role of the Committee to provide consumer protection nor to replace the efforts of due diligence. 1.17 It would be more common for the Committee of Adjustment to include conditions that are specific to the nature or characteristics of the development or that relate to a municipal interest. The request is a private matter between two property owners and Staff are not of the opinion that adding warning clauses on title to address a private interest is the role of the Committee or warranted given the nature and scale of this proposal. 1.18 This is one of numerous properties that could be impacted by future higher density residential development on the Rice property and other properties within the Bowmanville East Urban Centre. There is not one warning clause that would protect development applications from appeal. Further, by virtue of this public process, Staff reports, minutes and conversations between parties, Staff contend that the owner and prospective purchaser of 190 Church Street is fully aware of the adjacent development rights at this time. Municipality of Clarington Committee of Adjustment A2021-0004 Page 5 1.19 Prior to and since the last Committee of Adjustment meeting Staff received a number of enquiries from Mr. John McDermott and his clients reiterating their request for the conditions and highlighting the vision they have for the development of the properties owned by the Rice family. 2. Discussion Based on further review of the application and following the tabling of the application, the analysis of whether the application can satisfy the four tests under Section 45(1) of the Planning Act remain unchanged from the previous Staff comments. Conformity with the intent and purpose of the Regional and Clarington Official Plans 2.1 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. It is Staff's opinion that the application conforms to the intent and purpose of the Official Plan. 2.2 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 2.3 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. 2.4 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. 2.5 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 Municipality of Clarington Committee of Adjustment A2021-0004 Page 6 this property and building for either residential or office use conforms with the intent of the Zoning By-law. Desirable for the appropriate development or use of the land, building or structure 2.6 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. 2.7 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. 2.8 For these reasons, the application is considered desirable for the appropriate use of the structure. Minor in Nature 2.9 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. 2.10 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. 3. Conclusion 3.1 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. 3.2 Given the above comments, Staff recommend approval of the application to permit the existing structure at 190 Church Street to be used as a single detached dwelling or as a business, professional or administrative office and that the provisions of the General Commercial Exception (C1-59) Zone shall apply to the single detached dwelling Municipality of Clarington Committee of Adjustment A2021-0004 Submitted by: Anne Taylor Cott, 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 John McDermott Page 7 Clarftwn Planning and Development Services Committee of Adjustment If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. 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