HomeMy WebLinkAboutCSD-11-062 - Temporary Occupancy Request - 28 Bloomingdale Rd - Dave & Denise SchottREPORT TO:Community and Infrastructure Services Committee
DATE OF MEETING:
May 2, 2011
SUBMITTED BY: Alain Pinard, Director of Planning
PREPARED BY:
Elizabeth Brown, Planner – 519.741.2643
WARD(S) INVOLVED:
Ward 1
DATE OF REPORT:
April 11, 2011
REPORT NO.:
CSD-11-062
SUBJECT:
TEMPORARY OCCUPANCY REQUEST
28 BLOOMINGDALE ROAD
DAVE AND DENISE SCHOTT
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RECOMMENDATION:
That the request to permit temporary occupancy of the buildings on the subject site addressed
as 28 Bloomingdale Road for personal services and a contractor/tradesmen’s establishment
uses be approved, subject to the following conditions:
1. That enforcement of the City’s Zoning By-law be waived with respect to the personal service
and contractor/tradesmen’s establishment uses existing as of May 2, 2011;
2. That the personal service and contractor/tradesmen’s establishment vacate the site in the
event that Zone Change application ZC11/05/B/EB, to add these uses by means of a
Special Use and Regulation to the Existing Use (E1) zoning on the subject property, is
refused;
3. That in the event of failure to vacate, the City’s Municipal By-law Enforcement Officer be
directed to commence notice of action to remove the personal service and
contractor/tradesmen’s establishment uses and that any work done to the premises be at
the sole risk and responsibility of the owner in the event losses are incurred as a result of
the final disposition of Zone Change application ZC11/05/B/EB; and,
4. That all businesses functioning on the premises obtain a Certificate of Occupancy in the
event that Zone Change application ZC11/05/B/EB is approved without appeal.
REPORT:
The subject property is located just to the east of the intersection of Bloomingdale Road and
Bridge Street. The site has a total area of 2061 square metres (0.51 acres), and is occupied by
a single-detached dwelling with another structure housing businesses at the rear of the
property. The subject lands are located in an area mainly comprised of residential uses and
general industrial uses.
The lands are designated as ‘Open Space’ under the City’s Official Plan, due to its location in a
part of the Bridgeport neighbourhood identified as being a two-zone flood plain policy area. The
two-zoned flood plain is selectively applied to portions of the flood plain where significant
development exists and could support further infill development with no adverse impact. The
applicable Official Plan policies state that on lands zoned to recognize an existing use, a change
in use may be permitted through a zone change provided that the subsequent use is compatible
with surrounding land use designations, no new dwelling units are created, the use presents
less of a risk to life and property in the event of flooding, the new use is not prohibited by Part 2,
Policy 7.4.1.2, and the appropriate permits are obtained from the Grand River Conservation
Authority. A change in use will evoke a review of all existing outdoor storage areas. The
proposed uses conform to the Official Plan.
The subject lands are zoned ‘Existing Use Zone’ (E-1). The Existing Use Zone only permits that
use lawfully existing on and continually used for, since the date that the E-1 Zone was applied to
the land, a use that is within the same type of use as the use lawfully existing on and continually
used for, since the date that the E-1 Zone was applied to the land, a reduction in residential
units for a residential use lawfully existing on, and continually used for, since the date that the E-
1 Zone was applied to the land, and a home business. The E-1 Zone does not permit any
outdoor storage, even as an accessory use.
The applicant has made an application to modify the zoning applicable to the property by adding
a special use provision to the current zoning to permit personal service uses, a single-family
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dwelling, tradesman or contracting establishment, and manufacturing within the existing
structures on the site. At this time, there are two personal service businesses and a
tradesman/contracting establishment (a hobby repair shop for street buggies) operating on site.
The applicant is requesting temporary occupancy for these businesses until a decision is made
by Council regarding the Zone Change application.
In accordance with Council Policy Resolution I-1144 entitled Temporary Occupancy, the
temporary occupancy for the personal service and contractor/tradesmen’s establishment uses
are based on the following criteria:
1. A Zone Change application (ZC11/005/B/EB) is currently being process, and is expected
to be considered by Council later this year;
2. The proposed uses are permitted by the City’s Official Plan Two-Zone Flood Plain
Policy;
3. Appropriate conditions concerning time limits, risk and responsibility for vacating the
premises are included in the recommendations; and,
4. No Building Permit is required.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are expected with this recommendation
COMMUNITY ENGAGEMENT:
Public notice of requests for temporary occupancy is not required. Public notice will be given in
accordance with the Planning Act for the corresponding Zone Change application.
CONCLUSION:
Considering that the proposal complies with the Council approved criteria for temporary
occupancy, staff recommends approval of the temporary occupancy of 28 Bloomingdale Road
for personal services and a contractor/tradesmen’s establishment uses.
REVIEWED BY:
Della Ross, Manager of Development Review
ACKNOWLEDGED BY: Shayne Turner, Acting Deputy CAO
Community Services Department
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