HomeMy WebLinkAboutPSD-120-08 Q ringron REPORT
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PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE n
Date: Monday, November 17, 2008
Report#: PSD-120-08 File #: ZBA 2008-0024 By-law#: �Oos —RO3
Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: HOMESTATE CONSTRUCTION INC.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-120-08 be received;
2. THAT the request for Removal of Part Lot Control by Homestate Construction Inc. with
respect to Lot 10 on Plan 40M-2094, 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
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: � Reviewed by: � JZti
D vid . Crorme, M.C.I.P., R.P.P. Franklin Wu
Director, Planning Services Chief Administrative Officer
PW/CP/df/av
6 November 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON.
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-0830
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REPORT NO.: PSD-120-08 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant/Agent: Homestate Construction Inc. /Johnny Levasseur
1.2 Location: Part Lot 9, Concession 1, former Town of Bowmanville
2.0 BACKGROUND
2.1 On October 8, 2008, Staff received a request from Homestate Construction Inc. for the
Removal of Part Lot Control with respect to Lot 10 on Plan 40M-2094.
2.2 The current owner, Homestate Construction Inc., recently acquired Lot 10 through
Power of Sale administered by the Courts. The previous owner had applied for a Part
Lot Control By-law for this property and on September 16, 2002, Council granted
approval for a Part Lot Control By-law effecting Lot 10 on Plan 40M-2094. However, the
By-law contained a three (3) year period within which the By-law remained in full force
and effect. The three (3) year period expired on September 9, 2005. Therefore, the
new owner was obligated to submit another application for a Part Lot Control By-law.
2.3 Building permit applications for the two (2) semi-detached dwelling units on this lot have
recently been submitted. As such, once construction of the semi-detached dwelling
units is completed, the Owner will require the approval of a Part Lot Control By-law to
facilitate the sale of each unit.
3.0 STAFF COMMENTS
3.1 Staff has no objection to the approval of a By-law exempting the subject lands from Part
Lot Control. Attached is a By-law (Attachment 2) to exempt the subject lands from
Section 50(5) of the Planning Act.
3.2 In accordance with the procedures established in the delegation of Part Lot Control By-
laws, Planning Staff will forward to the Regional Planning Department the "Unit Type
and Number Summary Table" (Attachment 3), along with a copy of the Part Lot Control
By-law.
3.3 The Finance Department advises that a minor amount of taxes are owing from the
September, 2008, statement.
3.4 Staff recommends that the by-law be in force for a three (3) year period following
Council approval, ending November 17, 2011.
REPORT NO.: PSD-120-08 PAGE 3
4.0 RECOMMENDATIONS
4.1 It is recommended that Council APPROVE this application and ADOPT the attached
Part Lot Control By-law for Lot 10 on Plan 40M-2094.
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Attachments:
Attachment 1 - Site Location Key Map and Lands Affected by Part Lot Control Removal
Attachment 2 - By-law for Removal of Part Lot Control
Attachment 3 - Unit Type and Number Summary Table for 40M-2094
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Attachment 1
To Report PSD-120-08
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Attachment 2
To Report PSD-120-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
,4 BY-LAW NO. 2008-
being a by-law to exempt certain portions of Registered Plan 40M-2094 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 10 on Registered Plan 40M-2094 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 10 on Registered Plan 40M-2094
3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in
force for a period of three (3) years ending November 17, 2011.
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
Patti L. Barrie, Municipal Clerk
Attachment 3
To Report PSD-120-08
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PART LOT CONTROL EXEMPTION BY-LAW
Unit Type and Number Summary Table
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Registered Plan #: 40M-2094 By-law:
two,.,
a rlt Pad Lit Ott#ct1
I €emOil ort Unit Type artd
Irrib®r
LatsfBer�As#etl Unit Type artd Nurrit3et
' 10 (1 lot) Semi-Detached - 2 No Change
TOTAL UNITS - 2 No Change
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