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June 20, 2012
July 30, 2012
Zoning By-law Amendment 1010 Mary Street, West
THAT a Public Meeting having been held with respect to the application by
Moo Saw and Thaw Ray Wah Naw
, relative to Registered Plan 219, Block 10, Lot 3 and the West Part of Lot 4, being municipally known as 1010 Mary Street West, shown as Property Location on Attachment "B" to Report No. 2012.118 (Planning), the Zoning By-law be amended as foll
1. A single detached dwelling be added to the list of Permitted Uses in the "MU2" – Mixed Use Zone Two on the lands shown as Property Location on Attachment "B";
2. The Buildings and structures existing on the 30
day of July, 2012 be permitted to remain in their present location;
3. Extension, addition, strengthening or restoration to a safe condition of all or part of the said buildings shall be permitted provided that such extension, addition, strengthening or restoration does not further contravene the Zoning By-law;
Subject to the following condition:
1. The applicant shall submit the appropriate building permit applications to convert the structure to a single detached dwelling, to the satisfaction of the Building Division;
Unless otherwise rescinded or extended, this approval in principle shall be valid for a period of six (6) months from the date of ratification hereof by City Council. Thereafter, the file shall be considered closed and a new application required if all the conditions to be fulfilled by the applicant, prior to the passing of the amending by-law, have not been complete;
AND THAT the necessary By-laws be presented to City Council for ratification;
ALL as contained in Report No. 2012.118 (Planning), as submitted by the Development Services Department.
This is an application to amend the Zoning By-law to permit a single detached dwelling in the "MU2" – Mixed Use Zone Two at 1010 Mary Street West. Currently existing on the property is a residence that has been historically used as a mixed-use building with two residential units and a commercial unit, according to Building Division records. The applicants are requesting that the Zoning By-law be amended to add a single detached dwelling to the list of permitted uses in the "MU2" – Mixed Use Zone Two at this location to facilitate the conversion of this building to a single detached dwelling.
In most instances, the Planning Division encourages the mix of residential and commercial uses at the neighbourhood scale, and discourages the erosion of these mixed-use opportunities, but it is noted that the majority of the surrounding lands in this neighbourhood are developed at the single detached scale, and that the proposed development is in keeping with the character of the neighbourhood.
Administration is recommending in support of the application for Zoning By-law Amendment.
Description of Proposal
This application seeks to add a single detached dwelling to the list of permitted uses in the "MU2" Zone at 1010 Mary Street West. Currently existing on the site is a mixed-use building with two residential units and a commercial component in the form of a variety store (according to Building Division records). The property was previously zoned as "NC2" – Neighbourhood Commercial Zone Two in Zoning By-law 177-1983, which permitted the existing mixed-use building. With the introduction of Zoning By-law 100-2010 in 2011, the subject land was rezoned as "MU2" – Mixed Use Zone Two, and has been legally non-conforming since that time, based on long-standing status.
The applicant is also requesting that the building on the subject property be permitted to remain in its present location, as it exists today. Currently the coverage requirement and the interior side yard requirements are insufficient to meet the requirements for both the existing "MU2" Zone and a similar residential zone such as the "R1" – Residential Zone One, which outlines the development standards for single detached dwellings in the immediate neighbourhood.
Description of Subject Property
The subject property is approximately 422 square metres in size, with approximately 11.2 metres of frontage along Mary Street West and 37.7 metres of depth. The subject property is on the south side of Mary Street, and is approximately 22 metres east of Crawford Avenue.
Surrounding land uses are comprised mainly of residential uses, at the single detached scale, with the exception of one commercial property directly to the east of the subject property (a hair salon) and a utility property (Thunder Bay Hydro), zoned as "IN5" – Utilities and Services Zone approximately 27 metres east.
With the removal of the commercial component and the conversion of the structure to a single detached dwelling, the subject property will demonstrate similar characteristics of the existing residential uses that dominate the surrounding residential neighbourhood.
Planning Division Comments
A general goal of the City of Thunder Bay’s Official Plan is to minimize the possibility of conflicting and incompatible land uses. The Planning Division is of the opinion that the requested amendment will not result in conflicts or incompatibilities with respect to land use because the proposed change in use is in keeping with the scale and use of the surrounding neighbourhood, being predominately residential.
The subject lands are designated as "Urban Residential" in the City’s Official Plan. Lands within this designation are intended primarily for residential purposes, which include the full range of dwelling types and tenure, ranging from single detached dwellings to high-rise apartments, and include a range of non-residential uses such as neighbourhood commercial, minor institutional and recreational uses.
Although the Official Plan encourages intensification opportunities through the development of mixed-use buildings, it also supports the conversion of underutilized commercial space to residential space, provided it is compatible with the surrounding neighbourhood with respect to scale and use. The Planning Division notes that by adding a single detached dwelling to the list of permitted uses in the "MU2" Zone at this location, it does not preclude the subject lands from intensified development in the future, should that become a possibility.
The Provincial Policy Statement encourages opportunities for intensification which maximize existing infrastructure and public services. Although conversion of the mixed-use building to a single detached dwelling will result in the subject property losing its non-conforming status for a mixed-use building, the "MU2" Zone still offers a broader range of uses at this location that will support a more intensified level of residential development. By maintaining the "MU2" Zoning at this location, future development at a more intensified residential scale may be possible, but it will likely require some form of land consolidation to enlarge the existing parcel.
The existing building was built in 1959, according to Building Division records. The Planning Division supports the requested amendment to allow the existing structure to remain in its present location based on its long-standing status and its compatibility with the surrounding neighbourhood. The Planning Division recommends that prior to the passing of the By-law, the applicant shall submit the appropriate building permit applications to convert the structure to a single detached dwelling, and that the Building Division must be satisfied that this development is feasible from a Building Code perspective.
The City’s Community Environmental Action Plan Coordinator comments that the loss of a mixed-use zone in this neighbourhood is not in keeping with the objectives of the Community Environmental Action Plan (CEAP). The Land Use section of the CEAP identifies a desire to "strive to create residential neighbourhoods which are mixed use, contain a variety of housing forms and provide access to daily amenities within walking distance,". As noted above, the proposed amendment will maintain the mixed-use zone thereby retaining the opportunity to develop this property at a more intensified scale at some point in the future, should that become a possibility.
The Lakehead Region Conservation Authority, City of Thunder Bay Engineering, Licensing & Enforcement and Parks have all indicated they have to objection to the application.
Notice of Application was sent on June 18, 2012 and a Notice of Public Meeting was sent to neighbouring property owners on July 10, 2012. To date one letter has been received from a neighbouring property owner indicating that they had no objection to the application.
All costs associated with the processing of the application will be borne by the applicant.
It is concluded that although the Planning Division discourages the erosion of mixed use development, there will be no negative impacts had on the surrounding neighbourhood and the conversion of the existing mixed-use building to a singled detached dwelling is in keeping with the general purpose and intent of the Official Plan. The Planning Division concludes that this application should be supported.
REFERENCE MATERIAL ATTACHED
Attachment A – Application Fact Sheet
Attachment B – Property Location and Zoning Map
Attachment C – Applicant’s Site Plan
Heather St. Clair, Planner II
This report signed and verified by Mark J. Smith MA.MCIP.RPP., General Manager - Development Services on July 18, 2012