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HomeMy WebLinkAboutPSD-022-08 Cl~mgron REPORT PLANNING SERVICES Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, February 25, 2008~e50\~ -dl-G;' fA- 12 (:,-o'i? Meeting: Report #: PSD-022-08 File #: ZBA 2007-0044 By-Iaw#: 20C~~03,~ Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: DON FARROW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-022-08 be received; 2. THAT the request for Removal of Part Lot Control with respect to Lot 24, Block 'N' on C.G. Hanning's Plan, be APPROVED and that the attached Part Lot Control By-law be PASSED pursuant to Section 50 (7.1) of the Planning Act and a copy be forwarded to the Regional Municipality of Durham Planning Department; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Dav d J rome, M.C.I.P., R.P.P. Director of Planning Services ReviewedQ~~~ ranklin Wu, ' Chief Administrative Officer L TIDJC/df 20 February 2008 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-022-08 PAGE 2 1.0 BACKGROUND 1.1 Applicant: 1.2 Owners: 1.3 Location: Don Farrow Don Farrow, Doug Farrow, Brad Farrow and Jamie Farrow Lot 24, Block 'N', C.G. Hanning's Plan, 87 Liberty Street South, Bowmanville 2.0 BACKGROUND 2.1 On October 2, 2007, Staff received a request from Don Farrow on behalf of the landowners for the removal of Part Lot Control with respect to Lot 24 on Block N of C.G. Hanning's Plan. 2.2 The applicant recently submitted an application for a building permit that would permit the construction of a semi-detached dwelling. In order to facilitate the sale of the two separate dwelling units it is necessary for the applicant to request Removal of Part Lot Control. 3.0 STAFF COMMENTS 3.1 The Region of Durham Works Department in reviewing the application acknowledged that the subject site fronts on Regional Road 14 (Liberty Street), a Type 'B' arterial roadway, with a right-of-way requirement of 26 metres (minimum) to 30 metres (maximum). Provided the Applicant conveys a road widening of 3.05 metres, the Region of Durham Works Department offered no objections to the application. The appropriate road widening was transferred to the Region on February 20, 2008. 3.2 Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. Attached to this report is a By-law (Attachment 2) that would exempt the subject lands from Section 50(5) of the Planning Act. 3.3 Attachment 3 is a Summary Table provided in accordance with the Region of Durham's requirements under the delegation of Part Lot Control. It details the lots affected by the Part Lot Control By-law and the unit type and number of the Part Lot Control By-law. 3.4 The Finance Department advises us that taxes on the property have been paid in full. 4.0 RECOMMENDATIONS 4.1 In accordance with Subsection 7.3 of Section 50 of the Planning Act, the by-law may provide a specified timeframe during which the by-law shall be in force. As a result, it is not necessary for Staff to prepare a second by-law to restore Part Lot Control on the subject lands. The Planning Act leaves it to the Municipality to determine an appropriate REPORT NO.: PSD-022-08 PAGE 3 timeframe during which the By-law shall apply. Staff recommends that the By-law be in force for a one (1) year period following Council approval, ending March 3, 2009. Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of Part Lot Control Attachment 3 - Unit Type and Number Summary Table List of interested parties to be advised of Council's decision: Don Farrow Region of Durham Planning Department Attachment 1 To Report PSD-022-08 ~ "> c: .. ~ In 2 .. c: o ~~ Q..I '1:: ..... III gll.. N >. c(1Il m"C N.!! u i1 <C .. o ..I "C c: III "C l! III ~ . 2 Cl... ;, III Oil.. c.!!! C E o III C-, - c. .. :l! c: o :;:; .. u o ..I ~ .. c. o ~ lL ..: GI c: ~ o tocroz . M .6S:.LJ N ZO.O l 1';0.01 ~ li0 )1.7076' , t ~ .107 DtJ N % ~ ~ " [t>-J g .- " ~ ~ 1 " j ;., II m~~ ~~ ;!~:!ll g~ E III .i..Ii.. % g '" J ~~f;~ F nf;, ~ ~ ~ ~ (gL'U1) " 2 t ? ~, '" ~ ;:; - ~ (;I~) j~~ % .... ~.. .".) ,f ~ fi~ ~ ~ " {~i .~ 1~ ;, j ~. _t " < ~'O~ 404'; 4)a- ~. ", ;, ~- ~ ... ... \. ... ....... .... ... ~.'-.Ip1D~"'tfJ --""_<<I_l""'~__ ~...~oq<<lq.tll:l~ . -~ ,- ..,.",., IU/7OS .B.?!US AiU7llf7 Attachment 2 To Re~ort PS~-()2}-O~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2008- being a By-law to exempt certain portions of the C.G. Hanning's Plan, Block 'N' from Part Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Lot 24, Block 'N' on the C.G. Hanning's Plan registered at the Land Titles Division of Whitby; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands described in paragraph 2 within the By-law; 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands; . a) Lot 24, Block 'N' on C.G. Hanning's Plan 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of one (1) year ending March 3, 2009. BY-LAW read a first time this day of 2008 BY-LAW read a second time this day of 2008 BY-LAW read a third time and finally passed this day of 2008 Jim Abernethy, Mayor Pattie L. Barrie, Municipal Clerk Attachment 3 To Report PSD-022-08 PART LOT CONTROL EXEMPTION BY-LAW Unit Type and Number Summary Table Registered Plan #: e.G. Hanning's Plan By-law: Semi-Detached - Total Units