HomeMy WebLinkAboutPSD-092-10Staff Report # 2
Ciarington ~_
acaat~g ~he way ~ R E P O RT
PLANNING SERVICES
Meeting: SPECIAL COUNCIL MEETING
Date: September 7, 2010 Resolution #: C 3$0-/~ By-law#: o?O/G-/d 9
Report #: PSD-092-10
File #: ZBA 2010-0024
Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: TYLER SMITH /BRN INVESTMENTS LTD. - 40M-2038
RECOMMENDATIONS:
It is respectfully recommended:: _ ,
THAT Report PSD-092-10 be received;
2. THAT the request for Removal of Part Lot Control by Tyler Smith /BRN
Investments Ltd. with respect to Lot 105 on Plan 40M-2038, 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 Report PSD-092-10 and any delegations be
advised of Council's decision.
Submitted by: ~i Reviewed by: ~=-
La m FCSLA, MCIP Franklin Wu
cting Directo ,Planning Services Chief Administrative Officer
MM/CP/df
26August2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-092-10 PAGE 2
1.0 APPLICATION DETAILS
1.1 Owner/Applicant: Tyler Smith/ BRN Investments Ltd.
1.2 Location:. Part Lot 26, Concession 1, former Township of Clarke
(Newcastle Village) -Lot 105 on Plan 40M-2038
(Attachment 1)
2.0 BACKGROUND
2.1 On August 24, 2010, staff received a request from Tyler Smith /BRN
Investments Ltd. for the removal of Part Lot Control with respect to Lot 105 on
Plan 40M-2038.
2.2 Part Lot Control By-laws effecting all of the semi-detached/link lots within Plan
40M-2038 were previously granted approval by Council on two (2) separate
occasions; May 14, 2001 and then on May 24, 2004. Each By-law contained a
three (3) year period within which the by-law remained in full force and effect, the
first by-law expiring on May 14, 2004, the second on May 31, 2007. In addition,
Council granted approval for the removal of Part Lot Control with respect to Lot
1.05 on Plan 40M-2038 in the spring of 2009 to expire on April 27, 2010.
2.3 Clarnew Developments Incorporated, the developer of the draft plan of
subdivision, sold both 105E and 105R lots to one purchaser who wished to build
a single detached dwelling on the semi-detached/link lot. The property is zoned
"R1-43" which permits asemi-detached/link lot with a minimum frontage of 18 m
and asingle-detached dwelling on a minimum 15 m frontage. A building permit
was issued in September of 2008 for one single detached dwelling on lot 105.
The dwelling was never built, and more recently a permit was applied for and
issued to build semi-detached units, as per the original plans. In order to permit
the transfer of ownership of the semi-detached dwelling units, the applicant
submitted the current application to exempt the lot from Part Lot Control. This
application is necessary since the exemption granted in 2009 has expired.
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 The Finance Department advises that the taxes have been paid in full.
3.3 In accordance with the procedures established in the delegation of Part Lot
Control By-laws, a copy of the "Unit Type and Number Summary Table"
REPORT NO.: PSD-092-10
PAGE 3
(Attachment 3), along with a copy of the Part Lot Control By-law will be forwarded
to the Regional Planning Department.
3.4 Staff recommends that the by-law be in force for a one (1) year period following
Council approval, ending September 20, 2011.
4.0 RECOMMENDATION
4.1 It is recommended .that Council approve this application and adopt the
attached Part Lot Control By-law for Lot 105 on Plan 40M-2038.
Staff Contact: Mitch Morawetz
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-2038
List of interested parties to be advised of Council's decision:
Region of Durham Planning Department
Tyler Smith
Attachment 1
To Report PSD-092-10
u
;, ~
~ o
A - ~ w
~
3 w
w ~
~ (( V c
d
°'
Z ~
~ ,\
N
O o E
~
~' ~ 0 6 + m
A ..'
.
2 ~ ~
Q
~ ~
z w ~ o
Q o O a J C
c ~ ao
w ~ m
W a ~'~ ~ I ~
B N m o R
V
O ~-
~ 3N21G 35nOHNOOa ~
N m
J ~ c~
? ~ LL' m
~ z Y ~ ~`~ N ~ °a c
~, T ~
Y 3
Q Q
U ~_ ~ '. w Y K Q
Q' 0] . ~ 0
~
3niaa 3snoHNOCae -
!ad
CU
Co o
o ~ o
o ~ 0~
o CU
~+ ~
O~
CU o ~D ~'
o ~ ~ ~D
o ~ ~D o
o CL
0 d- C'
o RI ~ R C`'i ~ ~ o In CL!
~Ln
~ z z
"~ ~` }. 7 Ili 1
GGV Y~
0 ~Z
DLO ~~
~S? L~ 9SS 5l EZO 9W 9S
M„0~,9Io8TN ~ M„C~,~t~ o~ZN
000'OGt= ~ -
lano~ asor wdnvnn
ooo'ozi= ~--~
O~,~
i'1
t~otiZl~
~;
M„C~,5Lo8i N ~ „
,
g
8Ll'~z
~L~~'L S~t~'SZ 9ZT'Z~ ~ o
o
Z
~LO'~Z ~LS'ti o ~ ~
w ~
.n ~r z
o~ w
~
~
~
~
~ o
C"; ~
~ II
~ ~
'S7 W
Q
O ~
CU O ~
O o ~
~ O ~ '
r
~
~ o
~ ~ ~
z
~ ~
c~ L
°o
o
L00'~-~ o
o m
~ 00~'~Z 66~'tiz ~ W S9Z' 6Z o
~'
M 0~
" 9l 8ZN - 9Qz'z~ ~
~
M„0~;9ti o8tiN ~
o
cu o
~~
m ~-
Attachment 2
To Report PSD-092-10
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-
being a By-law to exempt certain portions of Registered Plan 40M-2038 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 105 on Plan 40M-2038, 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's of Section 50 shall cease to apply to
the following lands:
a) Lot 105 on Plan 40M-2038
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 on September 20, 2011.
BY-LAW read a first time this day of 2010
BY-LAW read a second time this day of 2010
BY-LAW read a third time and finally passed this day of 2D10
Jim Abernethy, Mayor
Patti L. Barrie,. Municipal Clerk
Attachment3
To Report PSD-092-10
PART LOT CONTROL EXEMPTION BY-LAW
Unit Type and Number Summary Table
Registered Plan #: 40M-2038 By-law: