HomeMy WebLinkAboutPSD-056-06
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REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, May 8, 2006
Report #: PSD-056-06
File #: ZBA 2005-0060
By-law #:
C'l P A . ~ ''.-tb - D -tJ
Subject:
APPLICATION FOR REMOVAL OF HOLDING
OWNER: 941807 ONTARIO LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-056-06 be received;
2. THAT Staff be authorized to appear at the Ontario Municipal Board in opposition to the
appeal by 941807 Ontario Limited for Removal of Holding symbol;
3. THAT Staff be authorized, forthwith, to undertake a rezoning of the lands fronting on the
south side of South Service Road, east of Ontario Power Generation, west of the Fifth
Wheel Truck Stop, and north of the CN Rail line, as shown on Attachment 4; and
4. THAT all interested parties listed in this report, any delegations and the Regional
Municipality of Durham Planning Department be advised of Council's decision.
Submitted by:
David . Crome, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed by: 0 ~~~
Franklin Wu,
Chief Administrative Officer
CP/DJC/sh/df
May 2, 2006
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-056-06
1.0 APPLICATION DETAILS
1.1 Applicant: 941807 Ontario Limited
PAGE 2
1.2 Owner: 941807 Ontario Limited
1.3 Location: 2347 South Service Road, Bowmanville, Part Lot 17, Broken Front
Concession, former Township of Darlington (Attachment 1)
1.4 Rezoning: Removal of "Holding (H)" symbol from "Holding - Light Industrial ((H) M1)"
to "Light Industrial (M1)".
2.0 BACKGROUND
2.1 On March 6, 2006, General Purpose and Administration Committee considered a
Planning Staff report PSD-028-06 recommending denial of the referenced application
for removal of holding (Attachment 2). Committee recommended referring the matter
back to staff and for staff to meet with Mr. Hasiuk and identify potential alternative sites
for his proposed 'Transport Service Establishment for the repair and maintenance of
trailers' and any possible site plan mitigation for the existing site.
2.2 After several attempts at finding a suitable date and time, a meeting was finally set for
Thursday April 27, 2006. At Mr. Hasiuk's request, in advance of the meeting staff
forwarded four (4) properties that were identified as potential alternative sites.
2.3 On April 26, 2006 Planning staff received a copy of an appeal filed by Virginia McLean
of Willms & Shier, on behalf of 941807 Ontario Limited to the Ontario Municipal Board.
The appeal was filed based on "Council's refusal or neglect to make a decision on the
application within 120 days" (Attachment 3). The morning of April 27, 2006, Mr Hasiuk
sent an email advising he was cancelling the meeting with staff. He further advised that
one property was sold and the other three (3) properties are zoned M2, which is not a
requirement of their business. Furthermore, the three (3) properties were inspected
prior to purchasing 2347 South Service Road and were found to be unacceptable to
their operation. There was no interest expressed in re-scheduling the meeting.
3.0 REZONING APPLICATION FOR REMOVAL OF HOLDING
3.1 Together with the majority of the lands on the south side of South Service Road, east of
OPG to Waverly Road, are designated either "Light Industrial", or "Environmental
Protection Area" in the Clarington Official Plan. The predominant use of lands in Light
Industrial designation is for manufacturing, assembling, processing, fabricating,
repairing, research and development and warehousing. The applicant's proposed use
of a "Transport Service Establishment for the repair and maintenance of trailers" is not
permitted within the Light Industrial designation.
REPORT NO.: PSD-056-06
PAGE 3
3.2 The General Industrial designation allows a broader of range of uses including storage,
repair and servicing operations. In addition, the policies of this designation specifically
permit "truck terminals, including the repair, storage and sale of commercial transport
vehicles". These uses are to have a close connection to an arterial road but not occupy
high visibility sites adjacent to freeways or major entranceways to urban areas.
3.3 The Clarington Official Plan determines where different types of industrial uses should
locate. Generally, within view of Freeways and Arterial roads, only prestige employment
and light industrial uses are permitted. Heavier industrial uses and uses that require
outdoor storage are typically designated on the interior of the employment area
designation in locations that are usually screened by the lighter industrial uses. The
property at 2347 South Service Road is within view of Highway 401 and has been
designated for light industrial use only. The operation proposed by 941807 Ontario Ltd.
does not conform to the policies of the Official Plan.
3.4 In consideration of the existing designation and Official Plan policies it is recommended
that the application for removal of the "Holding (H)" symbol not be supported and that
Committee and Council authorize staff to appear at the OMB in opposition to the
appeal.
4.0 ZONING UPDATE FOR LANDS BETWEEN OPG AND FIFTH WHEEL
4.1 The majority of the lands fronting on the south side of the South Service Road between
Waverly Road to the east and OPG are designated Light Industrial in the Clarington
Official Plan. There are various zones on these lands including from Agricultural (A),
Light Industrial (M1), Holding Light Industrial ((H)M1), Holding General Industrial
((H)M2) and Environmental Protection. Not all the uses permitted in these zones are
consistent with the intent of the Light Industrial designation in the Official Plan.
4.2 The Municipality recently completed a review of the lands south of the Highway 401
east of Courtice Road and west of OPG as part of the Energy Park. Both an Official
Plan Amendment and Zoning Amendment were approved with the goal of creating a
high quality frontage for a successful energy-related employment area.
As noted in PSD-028-06, 941807 Ontario Ltd. has or is acquiring a 6.8 ha (16.7 acre)
site adjacent to the subject lands. In combination with the subject parcel the two sites
would comprise approximately 400 metres (1,300 feet) of frontage on Highway 401.
4.3 In light of the issues raised by this application, and in consideration of the work done
with the Energy Park, west of OPG; the high visibility from Highway 401 of the lands on
the south side of South Service Road between OPG and Waverly; and the proximity of
these lands to both OPG and the Energy Park, it is recommended that staff be
authorized to undertake a rezoning of the lands between OPG and the Fifth Wheel
Truck Stop (Attachment 4) to bring the zoning into conformity with the policies of the
Official Plan.
REPORT NO.: PSD-056-06
5.0 RECOMMENDATION
PAGE 4
5.1 In consideration of the comments noted above, the following is recommended:
. that staff be authorized to appear at OMB in opposition to the rezoning
application for the removal of holding; and
. that staff be authorized to commence a zoning by-law amendment to rezone
the lands located south of South Service Road, between OPG and Fifth
Wheel Truck Stop in conformity with the policies of the Clarington Official
Plan.
5.2 Since this is a legal matter, any questions should be addressed during the in-camera
portion of the meeting.
5.3 We will be reporting subsequently on the related site plan application.
Attachments:
Attachment 1 - Key Map
Attachment 2 - PSD-028-06
Attachment 3 - Hasiuk appeal
Attachment 4 - Area of proposed rezoning
Interested parties to be notified of Council and Committee's decision:
Gerald Hasiuk
M. Virginia MacLean, a.c.
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Attachment 1
To Report PSD-056-06
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Attachment 2
To Report PSD-056-06
Cl~n
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, March 27,2006 ,
Report #: PSD-028-06
File #: ZBA 2005-0060
By-law #:
Subject:
APPLICATION FOR REMOVAL OF HOLDING
OWNER: 941807 ONTARIO LIMITED
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-028-06 be received;
2. THAT the application submitted by the owner 941807 Ontario Limited to remove the
Holding (H) symbol be DENIED; and
3. THAT all interested parties listed in this report, any delegations and the Regional
Municipality of Durham Planning Department be advised of Council's decision.
Submitted by:
D id Crome, M.C.I.P., R.P.P.
Director of Planning Services
ReVieWedbY:O~
Franklin Wu,
Chief Administrative Officer
SA/CP/DJC/df
1 March 2006
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
605
REPORT NO.: PSD-028-06
PAGE 2
1.0 APPLICATION DETAILS
1 .1 Applicant: Willms & Shier Environmental Lawyers LLP
1.2 Owner: 941807 Ontario Limited (Gerald Hasiuk)
1.3 Location: 2347 South Service Road, Bowmanville, Part Lot 17, Broken Front
Concession, former Township of Darlington (Attachment 1)
1.4 Rezoning: Removal of "Holding (H)" symbol from "Holding - Light Industrial ((H)M1)"
to Light Industrial (M1)".
1.5 Area:
7,870 square metres
2.0 BACKGROUND
2.1 On December 13, 2005, staff received a request from Gerald Hasiuk of 941807 Ontario
Limited for the removal of the Holding (H) symbol from the subject lands. Concurrently,
an application for site plan approval was also submitted (SPA2005-0044). The
applicant requested approval to establish a minor repair and service establishment for
trailers from commercial motor vehicles.
2.2 The applicant's parcel is 0.78 ha (1.94 acres). In addition, we are advised that the
applicant is acquiring the adjacent parcel to the west of the subject lands to establish a
total site area of 6.8 ha (16.7 acres). There are no proposed uses for the additional
lands and separate applications will be required for any proposed use.
3.0 SITE CHARACTERISTICS AND SURROUNDING USES
3.1 Currently 2374 South Service Road has a dwelling which the applicant has advised is
vacant. The land is generally flat sloping from north to south.
3.2 Surrounding Uses:
North:
South:
East:
West:
Highway 401
Hydro corridor
Self Storage Units
Vacant - zoned (Holding) Light Industrial ((H)M1) and
Environmental Protection (EP)
4.0 PROVINCIAL POLICIES
4.1 The Provincial Policy Statement states that a municipality shall provide lands for an
appropriate mix and range of employment to meet long-term needs, All new
REPORT NO.: PSD-028-06
PAGE 3
development should occur adjacent to the existing built-up areas. The application is in
conformity with the Provincial Policy Statement.
5.0 OFFICIAL PLAN POLICIES
5.1 The lands are designated "Employment Area" in the Durham Region Official Plan. The
predominant use of lands in the Employment Area designation is for a variety of uses
including manufacturing, assembly and processing of goods, serv,ice industries,
research and development facilities, warehousing, business parks, limited personal
services uses, hotels, storage of goods and materials, retail warehouses, freight transfer
and transportation facilities.
The policies of the Regional Plan encourage prestige employment uses with high
employment-generating capacity, greater architectural, landscaping and sign controls to
be located along Hwy. 401. This shall be done through designation in the local official
plan.
5.2 The lands are designated "Light Industrial" in the Clarington Official Plan. The
predominant use of lands in Clarington's Light Industrial designation is for
manufacturing, assembling, processing, fabricating, repairing, research and
development and warehousing. The applicant's proposed use is not permitted within
the Light Industrial designation.
5.3 The Clarington Official Plan contains policies dealing with the Holding (H) prefix in the
Zoning By-law. The Holding provisions are used to "assist Council in achieving its
specific planning objectives, and ensure that development or redevelopment proceeds
in accordance with the policies of this Plan." In addition, the use of the Holding
provisions shall ensure that prior to development or redevelopment, the following
matters have been addressed to the satisfaction of the Municipality:
a) services and municipal works;
b) measures to protect natural areas;
c) measures to mitigate the impact of development;
d) submission of technical studies;
e) in a Waste Disposal Assessment Area, the matters referred to in Sections
4.6.9 to 4.6.12;
f) execution of appropriate agreements; and/or
g) any other requirements as may be deemed necessary by Council including
the implementation of the policies of this Plan.
The application does not conform with the Official Plan policies.
PAGE 4
REPORT NO.: PSD-028-06
6.0 ZONING BY -LAW
6.1 The subject lands are currently zoned "Holding - Light Industrial ((H)M1) Zone". The
applicant has requested to develop this property for repair and servicing of trailers for
commercial motor vehicles and outdoor storage. The M1 zoned lands permit, among
other uses "a transport service establishment".
6.2 Where the zoning of a property is preceded by the letter "H" the use of the lands shall
be limited to existing residential uses and conservation, forestry and farm uses
exclusive of a livestock operation. Hence the need for the removal of holding
application.
7.0 COMMENTS
7.1 Discussion regarding this property began in the fall of 2004 when Central Lake Ontario
Conservation sent notice to the applicant (Hasiuk) regarding the illegal placement of fill
on the property at 2347 South Service Road. By-law Enforcement received a complaint
in March 2005 regarding the use of this property for outside storage of trailers. Charges
were laid against Mr. Hasiuk on May 2nd, 2005. The charges were for the outside
storage of trailers on the property. The court determined that the equipment stored on
the property were "containers" and not "trailers" as defined in the Zoning By-law.
Because the charges were specific to outside storage of trailers the court dismissed the
charges. The Zoning By-law does not define containers or specifically identify the
storage of them as a permitted use.
7.2 Through meetings, phone discussions and letters during the summer of 2005 Mr.
Hasiuk was informed that his proposed use on the property met neither the Official Plan
nor the Zoning By-law. Staff sent excerpts of the Official Plan and Zoning By-law to the
applicant's lawyer. These excerpts were sent again with staffs letter dated January 6,
2006 following receipt of his formal application for removal of the holding symbol and
site plan approval.
7.3 The Clarington Official Plan contains provisions regarding the removal of holding. As
noted in Section 5 of this report, the holding provisions are there to assist Council in
achieving its specific planning objectives and to ensure that any development proceeds
in accordance with the policies of the Official Plan.
7.4 The Clarington Official Plan provides three industrial designations to det~rmine where
different types of industrial uses should be located. Typically the General Industrial
designation includes heavier industrial uses and uses that often require outside storage.
Heavy Industrial uses are typically located so they are screened by the lighter industrial
uses. The property at 2347 South Service Road is within view of Highway 401 and has
been designated for light industrial use only.
7.5 The policies of the General Industrial designation specifically identify "truck terminals,
including the repair, storage and sale of commercial transport vehicles, shall be located
within the General Industrial Areas having direct access or close connection to an
REPORT NO.: PSD-028-06
PAGE 5
arterial road but not occupying high visibility sites adjacent to freeways or major
entranceways to urban areas." The policies of this section are more reflective of the
use proposed and the site is very visible from Hwy. 401. Hence, staff do not believe the
use is permitted in the Light Industrial designation.
7.6 The applicant is of the opinion that his proposed use is a Light Industrial use, as the
word "repairing" is listed in the Light Industrial designation. However the Clarington
Official Plan must be read in its entirety and no word may be taken out of context; as
such the Official Plan provision in the General Industrial designation is more reflective of
the proposed use.
7.7 The applicant was informed, in writing on January 6, 2006, that the application for
storage and repair and servicing operations did not conform to the Clarington Official
Plan. Staff could not recommend approval for the removal of the holding symbol unless
an application for official plan amendment is submitted and given favourable
consideration. Both by letter and phone, staff discussed the option of applying for an
Official Plan amendment or to withdraw the applications for site plan approval and
removal of holding with a full refund. The applicant chose to let the applications stand
and let Clarington Council and/or the Ontario Municipal Board make the decision.
7.8 Based on the history of the property with Mr. Hasiuk, the current Official Plan
designation and policies, staffwould recommend denial of the of this removal of holding
application,
8.0 RECOMMENDATION
8.1 In consideration of the comments noted above, DENIAL of the removal of the "Holding
(H)" symbol is recommended.
Attachments:
.,A.tt2chment 1 - Key Map
Interested parties to be notified of Council and Committee's decision:
Gerald Hasiuk
M. Virginia Maclean, Q.C.
Attachment 1
To Report PSD-028-06
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Attachment 3
To Report PSD-056-06
'--. ...-. -.-"" .--
l' WILLMS
G! &SHIER
4 Kfng Street West, Suite 900
Toronto. Ontario, C..nada M5H 1BIi
Tel4t6 au 071'1 fax 416 863 1938
ENVIRONMENTAL LAWYERS LlP
www.wlllmuhier.com
Direct Dial; (416) 8624848
File; 4617
Faxed to: 1 (90S) 623-6506
April 21, 2006
Town of Clarington
Clerk's Department,
40 Temperance Street
Bowmanville~ Ontario
LIC 3A6
Attention: Ms. Patti Barrie, Clerk
Dear Ms. Barrie:
Re: Appeal by 941807 Ontario Limited under IS 36(3) ofthe Planning Act, R.S.O.
1990, c. C P13 respecting a holding by-law of the TOWD of ClariDgtoD
We are the solicitors for 941807 Ontario Limited.
We are enclosing herewith the following materials relating to an appeal to the Ontario'
Municipal Board under ss 36(3) of the Planning Act:
1 Our letter to the Ontario Municipal Board constituting the Notice of Appeal; and
2 A check list of documents prepared by M. Virginia MacLean, Q.C. and the
documents referenced to the check list.
Yours truly,
~
-~~an.Q.c.
EncIs.
Pocumont #; 86903
1111\ c..l L.UUU I'l\.l lL'C.l rll WILLI!') Ol ,)nll:.1'\
rHX NU, 410 tloj l~JH
P. 03
l1 WILLMS
I;~ &SHIER
4 KIng Street West. SUite 900
Torocrto, Ontario, Cilllda M5H 186
Tel 416 863 0711 Fax 4US 863 1938
ENVIRONMENTAL LAWYERS LlP
www.wtlbnssbf8r.CQm
Direct Dial: (416) 862-4848
File: 4617
DELIVERED BY COURIER
April 21, 2006
Ontario Municipal Board
655 Bay Street
Suite 1500
Toronto, Ontario
MSG lES
Attention: Mr. Patrick Hennesy. Board Secretary
Dear Sir:
Re: Appeal by 941807 Ontario Limited under 5S 36(3) of the Planning Act, R.S.O.
1990, eo C P13 respecting aa amendment to the Town of Claringtoa By-Law
84-63 to lift the holding "HI' symbol
We are the solicitors for 941807 Ontario Limited. Our client owns land at 2347 South
Service Road, Clarington which is zoned Holding-Light Industrial ((H) Ml).
On December 13, 200S, our client submitted an application to the Clerk of the Town of
Clarington to amend the by-law to lift the "H". The council has neglected to make a
decfsion thereon within 120 days after receipt by the Clerk of the application. Therefore,
on behalf of our client, we are tiling an appeal. Please consider this letter a notice of -
appeal under S8 36(3) of the Planning Act.
In support of this appeal, we attach the fonn provided by the Board for Appeals under
section 34(11) of the Planning Act. modified to comply with Section 36 attachments.
The fee in the amount of$125.00 payable to the Minister of Finance is attached.
Attached to the form is a copy of the Affidavit of Gerry Hasiuk. President of 941807
Ontario Limited. The application to lift the H is Exhibit "1" to that affidavit. We will
forward you the original signed copy of the affidavit' as soon as it is available.
Extracts from the Ml zone provisions are attached. If the H symbol is lifted. these are
the pennitted uses under the zoning by-law.
nr~-~l-~UUO r~l l~;~l ~M WILLM~ & SHIER
FAX NO. 416 863 1938
B
If you require further information, we look forward to hearing from you.
Yours troly,
~-
M. Virginia MacLean~ Q.C.
Encls.
cc: Mr. Gerry Hasiuk - Hasiuk Trailers
Pocumcnt i/; 86800
Privileged and Confidential
p, 04
Page 2of2
FAX NO. 416 863 1938
P. 05
nr"I\-c.l-C.UUO rru lL;~l rn WILLrI::l llt :::iHlt.l'{
!II Ontario MlOdpel Board '
Commlsslon des affak'es munl~1es de l'Ontarlo
555 Bay street. SUite 1500
. T Qf'OI'lto, On M5G 1 E5 . ,
TEL: (416) 328-6800
Oil FAX: (416) 3211-5370
www,omb,~,on,08
APPEALS RELATED TO COUNCIL'S REFUSAL TO AMEND A lONING BY-LAW
Material1D be forwarded ta the Onuria Municipal Board by the applicant un.r the following Bubuctlon of
..v, Planping Act, R.S.O. 1890. Co P.13... amendecl:
~~'3~ I~~
~Appeal by applicant from Council'. refuol or failure to make a decision Wlthln~daY1l of the date the
, appUcatlon
Mtncipallty: -rOt-v," Of ClAfliN!; nfl/ ~~:,
Named Appellart: q'i J '[07 onk~/'{j ~("iC:l PhOne No.: 1- <jt;o 3(01 122 'i
MaiDngAddress f~{). /!>oy. 7~r:l (tJ/J",r,,~ On Kc>( I SU E-Mail 11/1W
Name of Lawyer or Agenl: R1.,t~btNdf II1AcLIi"tJ Of:.. PhoneNo.:( 41{,) 8'"10 21'1''1'1
Address: 0/ k/ I\J a Srr . hi E)T /6 /l.e) NTO /J1 S H I A Co
E-Mail: lJ(Y1iW..t(2...n e ()J I tI '" ~ ~ h /ot,.. .Co In
Slg~re of Appellant:
Date;'
~8IBt.d matt8/'.
If yes, pJease note:
. Offic:lal Plan Amendment: YesC:] No ~ OMB FHa No.;
. Plan of Sub<lvl&lon veC] No(Xl OMB File No.:
. AJ:l\)UcationtorConsent veCJ NoJ2St OMIHIIoNo.:
. othel': PJease advise of any related appllcaUons and their statl./$:
The following material muat be attach,d ta this fonn where appHcable:
Munlclpal File No.:
Municipal File No.:
MlnicipaJ File No.:
^ttached
cj
1. NotIce of appea\ with I'8QSOf1S
A IlOpy of the app\k:ation to eouncll for a zonlng by-\aw amendfnent. P10ase ensure the date Ihe applicallon
was filed w1th the Municipality Is shl7lNll on the appHcatlon.
A copy of Councire refusal or an affidaVIt or declaration duly sworn certifying that Catn:ill'afused or
neglectecl to make a decislcln on the app1icatIon wJthXdaya.
, ')..9 (h J,..,,' ~
COpy of the proposed amendlng by.IaW that you seek to have council enact. t'iIS ~ 20"',\. :J liN
P~/QU
An expI8nlltofy n* which Includes the existing zoning category. the deSIred zoning category, the
purpose of the de$1r8d zoning by-laW change, a description and/or map of the lands under appeal; IJ / A..
Att.Qch a copy of any relevart plannlncl ~. '/ .
An indication of the oonfoJmlty of the proposed by..Jaw with all applicable official plan provisions. /) / A....-
Enclose a copy of the Municipality's planning staff report If one Is available. / .
Affidavit or sworn dec\anltlon oeItIfy\rlg that copies of all materialllstod In paragraphs 1 to 6 above has
been sent to the clartt of the municlpeUty haVing jllffsCllctlon to pass the amendment and tMt the clel1t has
~ Infcl'lTlEKl of the filing of this appeal. In addlticn. the .lfidavlt must provk:le that the l'aquirements of
subseCllon 34 (10.3) of the Plannlt'/(J Act have been met l.fI. th8 prescr1~ information and material note<!
in O. RegWitlon 199198, QS amended, and any fee LI'lder section 69 have been provided,m council, and
that the appeal 1$ being filed at IeliI$t 90 days after the fulfillment of the requIrements noted therein.
Board fee of $125. made payable to the Minlster c:A Finance of Ontario. Theappea! will nollle preeessed
withOt.lt this fee.
In order for the aoaro'to estimate the length of the hearIng. we need to know:
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8.
. Has a public meeting been helcttlY the munIcipality? If yes, pl8llSEI pl'CfVlde a copy ofthe NotIce of Public MeeUng.
. The number 81 Qf8II of .xpertise of any expert wttnesees you intend to call at a hearing.
I J"I AnN/"
f
. Particlpal\on of organized, non-rePl'asented ITtt8pay~:
Name, address and phone No. of ~lve. If knOWn
YES NO )(
c
NOTE: Plea.. nata in YOllr .ubmlsaion If you f,e1 this cae. would benefit from a prehearing or telephone conference
procedural meeting. or If the CMe i. a good candidate for mediation. Include any Information/particulars you think the
Board should b. aware of. '
Please mall the completed form and a\t8chments to the ontllrio MunIcipal Board at the addrllS5 noted above.
FAX NO. 416 863 1938
P. 06
nrl\-~J."c.uuu rl\l U'C:l rn WILLn:; lit ::>Hll:.1\
APR 17,2006 lO:24A HASIUK TRAILERS
At'U-) ~H~UU6 1 U U3l 30 PM iii 1 Lllti & b"H I t::H
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9053551594
FAR NO, 418 863 1938
page 2
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IN M.\. TTER. OF: au Appl~on 10 the Town of Clarington for an amen<ln\tnt to
rem ve the boldinS I}'mbol ana att ~aI to the ontario Municipal Board ~r
8 tOo 36(3) otthe P/(mt".141
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A.ll'FIDA\VlT OF GERRY HASWJ{
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I. G RaY HASJUK, oftbC T()~'ofColbomeJ ill me County oCNorthbl.Ul1bedand,
MA OATH AND SA Y .AS POLLOW$!
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am me President at 941807 Qrttario Umited,
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2 II Occc:mber 13,2005,1 sumiUe4 to the ClClrk of the Town ofefarington. an
, pplicatiOQ fa remove the hol4ina by-law from laM owned by 941807 OntlUio
iroited lQcated at 2~41 So\lttliSeMCCl Road. Clariagton tDlJtther with the required
in the amount of SS08 .24; /Now shown to me and marked as Exhibit "I" to this
Y Affid~t is a copy ofthc:.-i,ppllc.uoQ, Now.hewn to rne and ~cd as Exhibit
"2,.' to this my Affidavi~ is a Qqp)' afmy chcq~e in tho IWOunt of $508.25 togetbu
'th A oopy of A receipt ~m~*e Town of Claringtoll for payment. '
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4 n March '2,7~ 2006, tM Oc.~ PutpOsc arJ.4 Adu1inistraUQD ComrniUco passed. It '
solution GP A - 139~06 th$ithc Planftlng Report be refened to staff to consider siu:
ItemanvelS a,nd site plan opll~ns and 10 report back to oouncn wlthin one (l) month,
ow ahown tQ mo and matke~ .. -exhibit "4'1 to thil my Affidavit is a copy of"
olution GP A 139..06. 1.
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3 March ~7, 2006. the a~ Purpose of the Adminiatration Committee o!tho
own of Clarington CO\&net~' . nsidore4 a. report &om David Crome, Ditector of
lanDing Services. on the A' Ucation to remov. the holdinG by-Jaw. Now shown to
. an<! madted as Rxhibi. ,'~'to &hi, tAY Affidavi~ is a copt of the Repon of David
roms datc:l! Match 27, 2OQlS:
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S Council At its meeting on A~~l 3, 200tS, adapted the Rcpol'l and Recommendation pf
the Gc;neraJ Purpoao and ~i'ffacion Committee.
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~PR 13,200' Cl7.:17P
1\6 663 1'38
P.:J.(lM ?
nll\ C.l l:.UUU rru
1~,~~ rn WILLn~ & ~HltK
FAX NO. 416 863 1938
P. 07
APR 17,2006 lO:24A HASIUK'TRAILERS 9053551594
APR-13-2U06 U 03:30 pn WILLHS & SHIER FAX NO. 416 863 t938
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of the daw ot'dU$ my Aftl4.1t. eounoil otthe Town otClaringtoJl has not Ufted '
t c holdlng by-Jaw nor havo tJi;r published C1f notice of~lr intention 10 liA d1t by-
1 w as nI'iuire4 in tbeif rcgulaSI~ns undet the Pl/,,.,,ning Act.
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. s Aftidavit fa in support. of:+' appeal under Su!>lUlI:tion 36(3) ()f the Planning Act
is fOT no QCber reason Of ~roper purpose. .
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SW RN B FOn M~ at tho ~II:~'''' (
e,J...:J-<7 c...yv.~ IJ". L,,,?,,",f"-'U\1. (?' ~ 1
day f_ A~.~: I ..200~j
AC mmi"~'I'"
~~~
) GERRY lIAS '
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JOHN D. "'A~FtOLL : j'
BARFUaTER & SOUCITOR :.
.0. BaIC 475, 35 KIng at. Eatl; t
Cobourg, ON K9A 4L 1 : i
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1* ~ ~: $6t:Jo
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~a 13,2Q06 02:~7.
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416 a63 1938
pClge 3
Attachment 4
To Report PSD-056-06
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