RECOMMENDATION:
That the site plan
application by Authentic Custom Cycle and Automotive Ltd. to construct an
addition to the rear garage at 310 Main Street Markham North, be approved, subject
to the following conditions:
1. THAT approval
of the application be conditional upon the applicant
applying for and obtaining the necessary Minor Variance to permit the expansion
of a legal non-conforming use;
2. THAT the Owner enter into a site plan
agreement with the Town including provisions for the application of sound proofing measures to the addition, undertaking
aesthetic improvements to the street-facing façade to the satisfaction of Town
staff and Heritage Markham, and confirmation that signage for the business is
in conformity iwht the Special Sign District provisions;
3. THAT
prior to execution of the site plan agreement, the Owner shall submit final
drawings, and comply with all requirements of the Town and authorized public
agencies, to the satisfaction of the Commissioner of Development Services;
4 THAT
the site plan agreement includes provisions for the payment by the Owner of all
applicable fees, recoveries, development charges, parkland dedications and
financial obligations related to applicable Developers Group Agreements; and
5. THAT site plan approval shall
lapse after a period of three years commencing June 15, 2004 in the event that the Owner does not enter into a
site plan agreement with the Town during that period.
PURPOSE:
The purpose of this report is to provide
background information and analysis of a Site Plan Control Application for the
expansion of a legal non-conforming use, and to recommend an appropriate course
of action with respect to this application.
EXECUTIVE SUMMARY:
The applicant, Authentic Custom Cycle and
Automotive Ltd., has applied for Site Plan Approval to permit the expansion of
the existing cement block garage that contains a legal non-conforming use. The automotive repair use is within an R1 Zone,
and has been in place as a legal non-conforming use since 1979. The applicant wishes to construct an addition
to store materials that are currently stored outside.
A detailed Zoning review of the application has
indicated that in order to approve this application, a Minor Variance
Application is required to deal with several deficiencies including the
expansion of a legal non-conforming use, an increase in the lot coverage for an
accessory building over the 10% maximum permitted in the by-law, and the
provision of parking spaces to serve both the commercial and residential uses.
BACKGROUND:
The subject property is located on the west
side of Main Street North, Markham Village, north of David
Street. It is located within an area that is
primarily single family residential.
Zoning
Information
The property is currently zoned R1 under By-law
1229, as amended. Permitted uses in the R1 Zone include:
* one
family detached dwellings
* accessory
buildings
* private –
home daycare (b/l 426-85)
* converted dwellings
* home
occupations (b/l 53-94)
It appears that this property has maintained a
legal non-conforming status with respect to the existing automobile service
garage since 1979.
Property
Information
A dwelling on the property is used for
residential purposes. The rear garage on
the property has been used as an automotive service garage for 25 years. The
legal non-conforming status allows the existing garage to be used as a one auto
repair garage including two bays. The existing garage is a cement block
structure built in the 1960s or 1970s. In 2003, the owner applied for and
received approval for a Minor Variance Application (File No. A/149/03) to
permit an increased height for the roof of the garage, as modified.
The existing garage has a gross floor area of
1379.8 square feet (128 square metres). The proposed addition will add 400
square feet (37 square metres) for a total of 1779.8 square feet (165 square
metres). The business conducted in the building includes servicing and sales of
motor vehicles.
The
property does not have heritage significance, but is within the heritage
district
The subject property is located within the
boundaries of the Markham Village Heritage Conservation District, but is not
identified as a heritage building within the Plan. Heritage Markham
reviewed the application at its meeting of March 10, 2004,
and passed the following resolution:
THAT Heritage Markham
has no objection to the proposed addition to the garage at 310 Main Street North subject to the owner obtaining the necessary Planning and Building
approvals;
AND THAT the
applicant be required to improve the street façade of
the garage to help the building blend better with the character of the Heritage
Conservation District.
Heritage Markham
members and staff have met with applicant to discuss ideas for the treatment of
the street façade of the garage, and the applicant has indicated his
willingness to look into appropriate heritage colours. The Committee has not
requested any change in materials or architectural features.
OPTIONS/DISCUSSION:
The
proposal would require the expansion of a legal, non-conforming use.
When the previous Minor Variance application
was reviewed in 2003, Planning staff considered the alterations to the roof of
the garage to be an expansion of the legal non-conforming status and considered
the requested variance under Section 45 (2) (a) (i) of the Planning Act. This section indicates that the Committee may
permit an enlargement or extension of a building that was lawfully used for a
purpose permitted by the by-law at the time of construction and the use
continued until the date of the application to the committee, notwithstanding that zoning permissions may have changed. The currently
proposed addition must also be considered as expansion of a legal
non-conforming use. Therefore, another application for Minor Variance is
required to allow a further expansion of the legal non-conforming use.
A
number of issues have been raised by local residents
Town staff has identified a number of issues with
respect to the subject application. The
Ward Councillor has received feedback from his constituents who have expressed
concern about noise, multiple signs, and outside storage of vehicles and
related items. The garage use is within a primarily single family residential
area. If this Site Plan Application is approved, the provision of soundproofing
to the addition and aesthetic improvements to the façade should be considered
as conditions of approval. The applicant should confirm that the signage is in conformity
with the Special Sign District provisions.
The
property appears to be in general compliance with property standards
By-law Enforcement undertook an investigation
of the property at the time of the 2003 Minor Variance Application and found
that the property was in general compliance with all applicable regulations and
by-laws, including signage. The By-law Enforcement Officer who attended the
property cautioned the owner with respect to the Noise By-law. Staff is not aware that any complaints have been reported
subsequent to the 2003 investigation.
A
number of zoning by-law issues need to be addressed
The Zoning Section review has identified the
following items that need to be addressed through a Minor Variance Application
or a Zoning By-law Amendment:
* the
expansion of a legal-non conforming use
* coverage for
an accessory building over the 10% limit
* the
requirement for 7 parking spaces to serve the garage use
* the
requirement for 2 parking spaces to serve the residential use
Zoning is of the opinion that at 12.5%, the
coverage of the existing accessory building already exceeds the 10%
maximum. With the proposed addition, the
coverage will increase to 17%. Based on a review of the site plan as submitted,
it is unlikely that the property can accommodate the required number of parking
spaces. Staff estimate that about 5 unmarked parking
spaces currently exist on the site.
The
application can be supported subject to conditions
The identified zoning
issues can be dealt with through an application to the Committee of Adjustment
for a Minor Variance (Section 45 (2) (a) (i) of the Planning Act). Staff recommend approval of the site plan
application be conditional upon the following:
1) approval of the
required minor variances through the Committee of Adjustment;
2) a
requirement for sound proofing measures
to the addition; and
3) undertaking aesthetic improvements to the street-facing
façade to the satisfaction of Town
staff and Heritage Markham, including confirmation that the
signage for the business is in
conformity with the special sign district provisions.
The
proposed addition will improve the aesthetics of the property
The approval of this site plan application is
recommended as it will improve the appearance of the property by removing the
need for outside storage and will provide an opportunity for the owner to work
with Town staff and Heritage Markham to implement aesthetic improvements to the
street façade of the garage.
FINANCIAL CONSIDERATIONS:
There are no financial implications to be
considered in this report.
ENVIRONMENTAL CONSIDERATIONS:
There are no environmental impacts to be
considered in this report
ACCESSIBILITY CONSIDERATIONS:
There are no accessibility issues
to be considered in this report.
BUSINESS UNITS CONSULTED AND AFFECTED:
This proposal has been circulated to other Town
Departments and agencies for review and comment.
ATTACHMENTS:
Figure 1:
Applicant/Agent and Location Map
Figure 2:
Area Context and Zoning
Figure 3:
Air Photo
Figure 4:
Photo of Existing Building
Figure 5:
Site Plan
Figure 6:
Floor Plan
Figure 7:
Elevations
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Valerie Shuttleworth, M.C.I.P., R.P.P.
Director of Planning & Urban Design
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Jim Baird, M.C.I.P., R.P.P.
Commissioner of Development Services
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Figure 1
DOCUMENT: Q:\Development\Heritage\PROPERTY\MAINSTN\310\dscreport
OWNER: Krista
Priore tel.
905-471-3021
Authentic
Custom Cycle fax
905-471-7643
and Automotive Ltd.
310 Main Street
North
Markham, Ontario
L3P
1Z1
AGENT: Rocco
Priore
(contact information as above)
LOCATION MAP:
