Report

To: Development Services Committee Item: Date of Report: DS-11-35 January 12,201 1

From: Commissioner, Development Services Department

File: SV-20 1 0-1 7

Date of Meeting:

January 17,201 1

Subject: Application for a Variance to Sign By-law No. 72-96 620 Simcoe Street North PUBLIC REPORT Tamara Nuttall

1.0 PURPOSE

The purpose of this report is to provide a recommendation to deny an application submitted by Tamara Nuttall for a variance to Sign By-law No. 72-96 to permit a sign for a home occupation at 620 Simcoe Street North.

The home occupation is a daycare centre for children with special needs (autism).

Attachment No. 1 is a map showing the location of the subject site and the zoning in the area.

Attachment No. 2 is a photo showing the front of 620 Simcoe Street North.

Attachment No. 3 is a copy of an email dated December 15, 2010 from the applicant outlining the purpose for the proposed signage.

On April 27, 2009 City Council adopted By-law 29-2009 which delegated the approval of variances to the Sign By-law, except with respect to mobile signs, to the Commissioner of Development Services. The By-law also specifies that the Commissioner, at his or her discretion, may forward for Council's consideration controversial applications or applications proposed to be denied.

2.0 RECOMMENDATION

That the Development Services Committee recommend to City Council:

That, pursuant to Report DS-11-35 dated January 12, 201 1, the application submitted by Tamara Nuttall for a variance to Sign By-law No. 72-96 to permit a sign for a home occupation at 620 Simcoe Street North be denied.

3.0 EXECUTIVE SUMMARY

The subject site is occupied by a single detached dwelling with a home occupation. The home occupation is a daycare for children with special needs.

Report to the Development Item: DS-11-35 Services Committee (Continued) - 2 - Meeting Date: January, 17, 201 1

The property is located within a residential area on Simcoe Street North, south of Rossland Road, directly across from Dr. S.J. Phillips Public School.

The applicant is requesting a variance to Sign By-law No. 72-96 to permit either a sign attached to the front porch railing or a stand alone sign for a home occupation. The non-illuminated sign is proposed to be 1.5 metres (5 ft.) by 0.91 metres (3 ft.) in size. The name of the business (One Care Children's Services), business description, logo and phone number are to be shown on the sign.

The Sign By-law does not permit signs in a residential zone for any type of home occupation.

This Department recommends that the application be denied since it is inconsistent with the intent of the sign by-law.

There are hundreds of home occupations in residential neighbourhoods in Oshawa. If this application is approved it could establish a precedent.

4.0 INPUT FROM OTHER SOURCES

4.1 Auditor General

9 The Auditor General has no comment.

5.0 ANALYSIS

5.1 Background

9 620 Simcoe Street North is located on the west side of Simcoe Street North, south of Rossland Road West, directly across the street from Dr. S.J. Phillips Public School. Single detached dwellings are located to the north, south and west of the subject site.

9 The property is designated as Residential in the Oshawa Official Plan and is zoned R1- C (Residential) under Zoning By-law No. 60-94. This zoning permits single detached dwellings. Zoning By-law No. 60-94 also permits certain home occupation uses such as home daycare in all zones that permit dwelling units subject to certain regulations.

9 The subject site is used as a single detached dwelling with a home occupation for a daycare centre for children with special needs (autism).

9 On July 22, 2009 the Committee of Adjustment approved an application submitted by Tamara Nuttall, subject to conditions, to permit a home occupation (daycare centre for children with special needs) with additional persons receiving care and treatment and to permit up to 4 non-residents to provide treatment instead of all treatment being performed by residents of the dwelling.

9 The Committee of Adjustment decision forms Attachment No. 4 to this report.

Report to the Development Item: DS-11-35 Services Committee (Continued) - 3 - Meeting Date: January, 17, 2011

5.2 Sign Details

9 The daycare operator now proposes to install either a 1.5m x 0.91m (5ft x 3ft.) non- illuminated placard sign on the railing of the front porch or a stand alone sign that would only be placed in the front yard during business hours. The applicant has advised that the smallest the sign could be is 1.2m x 0.91 m (4ft. x 3ft.).

9 The business hours are 8:30 a.m. to 5:30 p.m. Monday to Friday.

9 The sign would include:

One Care Children's Services Serving Autism and Developmental Disorders (905) 579-9309 (company logo)

9 The applicant advises that:

(a) The purpose of the signage is to advertise the home occupation and to create a visual identifier for the property.

(b) A sign is necessary for the daycare as it can be difficult to locate the property given the property's mid-block location on a busy residential street across from an elementary school.

9 Sign By-law No. 72-96, does not permit signs for any type of home occupation in a Residential Zone. As a result, the applicant has submitted the subject sign variance application.

5.3 Basis for Denial Recommendation

9 Section 2.3.1.4 of the Oshawa Official Plan specifies, in part, that home occupations shall not involve any changes to the external character of the dwelling unit or property and these uses shall not generate adverse effects such as signs.

9 When the City introduced home occupations as a legal use in Zoning By-law No. 60-94 it included a regulation which states that "The home occupation shall not involve any changes to the external character of a building containing a dwelling unit". Home occupations are permitted in residential areas on the premise that they are hidden and subordinate to the residential character of the lot and area.

9 The above policy framework was followed in the preparation of the Sign By-law. Accordingly, the Sign By-law does not permit any exterior signage for home occupations in residential zones on the premise that these advertising signs could change the external character of a dwelling and the neighbourhood.

9 The proposed day care signage will introduce an element not in keeping with the residential character of the subject site and surrounding area. The proposed signage

Report to the Development Item: DS-11-35 Services Committee (Continued) - 4 - Meeting Date: January, 17, 201 1

is a typical form of commercial signage that should not be placed on the front of single detached dwellings in a residential area.

P This Department is supportive of home occupations and supported the subject day care at the Committee of Adjustment hearing, but recommends that the subject application to vary the Sign By-law be denied for the following reasons:

(a) The proposed signage is inconsistent with the intent of the Sign By-law. The signage is at odds with the concept of home occupations fitting and blending into a residential area.

(b) The proposed signage will affect the residential character of the property and is characteristic of a commercial use that would be normally be found in zones where houses are converted to commercial or office uses.

(c) An undesirable precedent would be established for other home occupations in other low density residential neighbourhoods. A precedent of that nature could lead to a number of signs in a single area or street and a significant degradation of the visual appearance and residential character of that area.

(d) The number of home occupations is expected to increase in the future including home daycare uses. If the City is to properly balance its objectives of allowing residents to operate home occupations in residential areas with its equally important objective of preserving the character and quality of residential areas, signs associated with home occupations should continue to be prohibited.

(e) This Department supports the applicant's home occupation provided the use complies with the Sign By-law. The applicant's home occupation provides an important service. However, the proposed signage could lead to the destabilization of this area of Simcoe Street North.

6.0 FINANCIAL IMPLICATIONS

> There are no financial implications.

Report to the Development Item: DS-11-35 Services Committee (Continued) - 5 - Meeting Date: January, 17, 2011

7.0 RESPONSE TO THE COMMUNITY STRATEGIC PLAN

P Denial of the application would respond to Goal A (A Vibrant, Strong and Progressive Community) of the City's Community Strategic Plan by maintaining the visual appearance and character of a stable residential area along Simcoe Street North.

-\

Paul Ralph, B.E.S., RPP, Director " Planning Services

Development Services Department

RBIc Attachments

Attachment No. 2

Item No.: DS-11-35 Subject: Application for a Variance to Sign by-law No. 72-96 Address: 620 Simcoe Street North

ow of oshmvaFile No.: sv-2010-17 DEVELOPME~TSERWCESDEPUUMEW -a5

Page 1 of 1

Robert Bedic

From: Paul Ralph

Sent: Wednesday, December 15,201 0 8:42 AM

To: Robert Bedic

Subject: FW: One Care Children's Services sign application

S. 14(1), Municipal Freedo of information and Protection

From: T nuttall [mailtc of prjvacv A C ~

Sent: ~ e d n e s d a ~ ,~ecember 15; 2010 12:46 AM To: Paul Ralph Subject: One Care Children's Services sign application

Hi Mr. Ralph in response to our conversation earlier today Iam writing you this email. Iam also going to mail you a copy of our brochure so that the council can have a fuller picture of the home based service that I am offering. Iwould appreciate it if you could forward it to them.

Our proposed sign would be afixed to the railing of my front porch. However, I would also be in agreement to purchasing a stand alone sign that could be placed out only during business hours. I would hope to not go smaller than 4 X 3 feet in order to have it clearly seen from the street but am open to council's reccommendations.

The details on the sign are as follows:

One Care Children's Services Sewing Autism and Developmental Disorders

(905) 579-9309 {with our company logo)

The need for the sign is for more than just marketing purposes. As we are located on Simcoe Street North directly across from the school it is a busy fast paced traffic area. We are hoping to better 'land mark' our location for those coming to our center as often people are finding that they don't see just our street number in time and need to circle the block and come back. Our center is a professional service with the parents of our clientele expecting to see it as such. It is unique in that it is home based and this has been crucial in helping our clients in the area of social skills and carrying those skills into everyday life. Ifeel that signage displays the seriousness of the work we do and legitimizes our center. I n preparing the background work for our original variance application our neighbours on all sides (including Dr. S.J. Phillips School and the street behind us) were approached and found to be in favour of our center. We are conscious of maintaining good relations within our community and to date there have been no issues or concerns. We sit somewhat between the downtown area and Simcoe/Taughton business area and as such felt a business sign would not be viewed as out of place.

Thank you for your consideration of this application. I f you require any further information please do not hesitate to call.

Mrs. Tammy Nuttall Director One Care Children's Services

Oshawa I hereby certlfy that this IS a true Copy PrepareTo Be Amazed of the decision of the Committee of

Adjustment and this decision was Con- curred In by a maiority of the members

Committee of Adjustment Fie No

A027/09 620 Simcoe Street North

Ward 5

DECISION OF HEARING UNDER THE PLANNING ACT

Committee of Adjustment Application for 620 Simcoe Street North

An application has been submitted by Tamara Nuttall for variances from the City's Zoning By-law No. 60-94.

The application relates to 620 Simcoe Street North, being Lot 36 on Registered Plan 260, Oshawa, Ontario.

The purpose and effect of the application is to permit a home occupation (Daycare Centre for children wit11 special needs) having the dimensions in Col. I below, instead of the dimensions m Col. I1 below, as required by Zoning By-law No. 60-94 for a home occupation (daycare) in a R1-C (Residential) Zone.

Column I Column I1 Number of Persons Receiving Care 6 5 Number of Persons Receiving Treatment 5 3 Non-residents Providing Treatment To Permit up to 4 Non- Not Permitted

residents

This auvlication was heard bv the Committee of Adiustment on Julv 22, 2009, and wifh Notice of hear in^ havini lbeen given as directei by the Committee of kdjustment, THE DECISION OF THE COMMITTEE 15 THAT THE APPLICATION BE APPROVED, subject to the following condihons:

1) That a maximum of four therapists that do not reside in the principal residence may carry out treatment for the specialized home daycare centre;

2) That all parking for the therapists be located off-site in a location acceptable to the City and the City be provided with a copy of the parking agreements with the off-site parking provider;

3) That no consultations for treatment for new clients be conducted on-site; and,

4) Failure to comply with these conditions shall result in this decision becoming null and void.

The APPROVAL of the application granted herein is based upon the following reasons:

1. The Committee is of the opinion that the variances granted are minor in nature.

2. The Committee is of the opinion that the variances granted are desirable for the appropriate development of the subject property.

3. The Committee is of the opinion that granting of the variances maintain the general intent and purpose of the Official Plan and Zoning By-law.

NOTE: Any appeal from the above decision must be made on or before August 11, 2009. S. Karwowski, Chair

NOTE: The Planning Act provides for appeals to be filed by "persons". As groups or A. Fordham associations, such as residents or ratepayers groups which do not have incorporated status, may not be P. Beal considered "persons" for the purposes of the Act, groups wishing to appeal this decision should do so in the name or J. Sproule names of individual group- - members, and not in the name of the group.

, . G. Weisz

The Corporation of the C ~ t y of Oshawa Planning Services -/ - r i

50 Centre Street South, Oshawa, Ontario L I H 327 TEL: 905-436-5636, FAX: 905-436-5699