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HomeMy WebLinkAbout11/13/1961 (Special) r/ , .' . . . . // f A Special Meeting of Council convened at 4:20 p.m. on Monday, November 13th,1961, with Reeve S. Little in the Chair. Reeve Little explained that in the absence of His Worship Mayor Carruthers a matter which had been brought to his attention required immediate consideration and as a result he called this meeting. Hendry Building Permit Application. - Letter from A. Strike. 1!This will confirm the writer's telephone conversation with you this morning concerning Dr. Hendry's application to construct a building with agricultural offices at least pa~tially in a residential zone to the south of the present McQueen Motor Sales property. We have reviewed the wording of the Zoning By-Law as to permitt- ed uses in a residential zone and in our opinion a building per- mit cannot be issued since the building in question cannot be brought within paragraph 9 (a) "permitted uses", of the By-Law. A permit should really not be issued until the zoning By-Law has been amended to extend the commercial zone southward 80 as to include the desired property. We understand that some members of the Planning Board and Council are quite anxious to see this permit granted so that construction can start on the proposed building. There would appear to be two courses for Dr. Hendry to take in connection with the immediate construction of the proposed build- ing. One would be for him to commence building operations with- out a building permit which legally the Town should not issue until after the zoning by-law has been amended and the amendment approved by the Municipal Board. Before Dr. Hendry commences construction the Planning Board and Council should both approve of the rezoning with the Council passing an amendment to its zoning by-law to be included in the amendments currently being processed. We rather doubt that the zoning Hearing before the Municipal Board could be brought on before January or February but Dr. Hendry should of course obtain approval of any adjacent land owners, probably McQueen's Motor Sales, the Brewers Retail and the Dominion Stores, and any residential owners within 300 feet of the land affected. The other possible method would be for the Planning Board to formally approve of the change in Zoning that is being request- ed and then the Town amend its Zoning By-Law so that the amend- ment requested could be included in the amendments currently being processed. Council could then direct the issuing of the Building Permit subject to Dr. Hendry abtaining the written con- sent of the owners affected to the proposed extension of the commercial zone.The Town theoretically does not have the auth- ority to issue the Building Permit in this manner but they could show their good faith to Dr. Hendry so long as he realizes the situation and ij particular the fact that if the zoning amend- ment was not approved, he could be required to take his build- ing down because of its nonconforming use. In actual practice, there may be not too many owners concerned, although this should be checked with the 300 feet requirements to the south. As suggested, we are forwarding a copy of this letter to Miss Apha I. Hodgins, the solicitor for Dr. Hendry, for her inform- ation." ,. .. " , . . . . ~ /..z cJ .2. Following consideration of the forgoing lengthy discussion, it was: , cfmmunication and a , . i Moved by Councillor Hughes and Counc111or! Oke: ! , That the Clerk-Treasurer be inst~ucted to prepare an amendment to the Town's Zoning By-Law to ~e-zone the Hendry property (the proposed office building si' e immediately south of the McQueen property being 60 feet x 1 5 feet, part of the old Queen Street Road Allowance) from ~e~~dential to commercial provided that the application submitted b Dr. Hendry's Solicit- or dated October 18th, 1961, is approved y the Bowmanville Planning Board and that upon receipt of itten consent by the owners of land within 300 feet of the! affected area J iIlstruct the Building Inspe ctor or in hisi absence, the Town Assessor to issue the necessary Building ~ermit and: , That we advise Dr. Hendry that hie realize the si t- uation in particular the fact that if the Zoning Amendment is not approved by the Ontario Municipal Boalrd that he could be ~equired to take his building down because of its nonconform- 1ng use. cjarried. I I I Meeting adjourned at 4:50 p.m. on moti",,- ('+' T'-~ n~p"", Hrnhs and Councillor Hughes.