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HomeMy WebLinkAboutPD-159-92 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: BOYES.GPA PD-159-92 #: File#: DEV 90-024 File# ~ Res. ~ -;;'7~ -7 ;U # Meeting: General Purpose and Administration Committee Date: Monday, July 6, 1992 ONTARIO MUNICIPAL BOARD HEARING - BOYES/WIERZBICKI PART LOT 30, CONCESSION 4, FORMER TOWNSHIP OF DARLINGTON FILE: DEV 90-024 (BY-LAW 92-127) Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-159-92 be received for information. 1. BACKGROUND 1.1 On February 19, 1990, the Town of Newcastle Planning and Development Department received an application to amend the Town of Newcastle Comprehensive zoning By-law 84-63 submitted by Mary Jo Boyes and John Wierzbicki. The application proposed to rezone the subject property in order to provide site specific zone category regulations which would facilitate the severing of the subject property in order to produce two lots having frontages of 20.42 metres and 20.35 metres respectively. 1. 2 On Tuesday September 4, 1990 and Tuesday April 21, 1992, Staff presented Report PD-257-90 and an addendum to Report PD-257- 90, both of which recommended the application be denied. The General Purpose and Administration Committee in their review of the report recommended approval of the rezoning application. Council adopted Committee's recommendation and a By-law was passed on May 11, 1992. By-law 92-127 provides site specific zone category regulations which would facilitate the severance of the subject property. ....2 RECYCLED PAPIER PAPER llECYCLE THIS IS l'fHHEDON RECYCLED PAPER REPORT NO. PD-159-92 PAGE 2 1.3 On June 1, 1992, the Clerk's Department received an appeal of By-law 92-127 by area residents. A copy of the appeal is attached herein for information. The appeal was in turn forwarded to the ontario Municipal aoard and a hearing date will be scheduled in the future. 1.4 In consideration of Staff's recommendation to Committee and Council, staff will not be in a position to attend the hearing in support of the By-law and in fact, would not participate in the hearing unless being summoned to appear as witness. Should Council wish to be represented at the Board hearing to defend By-law 92-127, Council may direct a planning consultant and solicitor be retained. The cost of legal and planning consultant fees for the hearing is estimated to be $20,000. which has not been accounted for in the 1992 budget. Respectfully submitted, Recommended for presentation to the Committee cj ,c~~~Q~tA Franklin Wu, M.C.I.P. Director of Planning and Development Lb-ilfif1 Lawrence E. Kotse fi) Chief Administra ~....e Officer C WM*FW*cc *Attach 25 June 1992 t:) (J {I ~. I r NOTICE OF APEAL PLANNING ACT, I~H3 ZONING BY-LAW APPEAL , THE CORPORATION OF THE TOHN OF NEHCASTLE TAKE NOTICE THAT We, the undersigned, wish to appeal the passing of By~Law 92-127 on the 11th day of May, A.D. 1992 under Section 14 of the Planning Act, 1983. WE HEREBY file this NOTICE OF APPEAL with the Clerk of the Corporation of the Town of Newcastle, our objections and reasons being as set out below: IHE_~Q!~!~~ is located at 4577 Trulls Road, in the Hamlet of Mitchell's Corners, in the said Town of Newcastle, and is Part Lot 30, Concession 4 of the former Township of Darlington ,- Your Files Nos. nlLI. DEV. C)O. OOL~ and Clerk's File No. D14.DEV.90~124, Planning File No. Dev. 90,-12LI. t>lary Jo noyes ,- owner. . TilE SUBJECT LAND IS ONE OF EIGIlT LOTS OF TilE SM1E SEE and frontage, namely 133 feet, approximately hy a depth of (,()() plus feet approximately. Each lot being identical and containing in excess of two acres. These eight lots were deeded through the Veterans' Land Act to eight veterans of Ivorld \var Two. Seven of these eight veterans built their houses on one side of the frontage. Only one of the veterans built in the centre of the lot. THE FORNER DARLINGTON TOHNSIlIP PLANNING BOAJW in its ,dsdom, realized that ribbon-like lots would result if the veterans were allowed to divide their properties in this manner, namely from west to east. At that time, a proposed Plan was issued in booklet form ShOl.,inf, a roacil.,ay runninr, at the back of these lots and parallel to Trulls Hoad, (then l<:nown as 7.ion Hoad South). This neH road '.ms accessed 1"1'0111 Trulls Hoad through the right-of~way ilmnediately to the north of the SUIUECT PHOI'F:HTY and ,.,as accessed at the south :: !J C) .J I ,~ -, . . . . . . / -2,- NOTICE OF APPEAL, continued: end by another road immediately to the south of the said eight lots, being immediately south of No.LjL,SS Trulls Road, which is still owned by the original veteran builder and his spouse, Hilliam C. and Joyce Cook. THE BEST INTERESTS OF THE CONNUNITY as a whole would be served if the applicant, Hary Jo Boyes, be allowed to sever the east half of the lot, thereby ensuring that new wells and septic systems would be far removed from existing wells and septic systems. Consideration would thereby be given to the environment. THE TOHN OF NEHCASTLE PLANNING BOARD at a General Purpose and Administration Committee meeting held Tuesday, September 4, 1990, reco~nended that the application made on behalf of Nary Jo Boyes be DENIED. This recommendation by the Planning Board was adhered to at a further meeting held April 21, 1 <In. TilE PLANNING BOARD Staff are of the opinion that the creation of two long and narrow lots would prejudice the opportunity to prepare a lIamlet Secondary Plan which would promote comprehensive "depth" development as opposed to piecemeal "strip" development which could cut off future road access to enable future development at the rear. TilE IUGIITS OF TilE HHIAINING SE\TN Oh'NEHS Hould be jeopardized if 'strip' development is alloHed on this most northerly of the eip,ht lots. A COpy OF TilE PLANNING BOAHD'S HEPOHT is attached to and forms part of this NOTICE OF APPEAl.. PREVIOUS APPLICATIONS made by other o\mers of these lots to divide in a west to east direction, thus making ribbon-like lots, were denied. HE, TilE "NfJEHSrCNED 1{f~SIDENTS respectfully request that this decision be reversed, that the appli.cation ::,;J r) /J f)' v I l . . . . . . .\ ~3.- NOTICE OF APPEAL, continued: of Mary Jo Boyes be denied and that this APPEAL be GRANTED. Dated at the Town of Newcastle, this 29th day of May, A.D. 1992. ,/' ~W~1 ~<'4/ ~~. dAN Kr " ~ '7- i~-~ r J ui