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TOWN OF NEWCASTLE
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By-Law #
NEETIf~: General Purpose and Administration Committee
DATE: Tuesday, May 19, 1987
T #: PD-146-87 FILE #: DEV 87-24
CT: REZONING APPLICATION - MARTIN ZEGERS
PART LOT 30, CONCESSION 5, FORMER TWP. OF CLARKE
OUR FILE: DEV 87-24
CLERK'S FILE: 60.35.356
RECOMh1ENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-146-87 be received; and
2. THAT the application filed by Mr. Zegers for rezoning in Part of Lot 30, Concession
5, former Township of Clarke to permit the construction of an accessory building,
be approved.
BACKGROUND AND COMMENT:
On Niarch 18, 1987 the Planning Department received an application from Mr. Zegers for
rezoning a Part of Lot 30, Concession 5, former Township of Clarke to permit the
construction of an accessory building.
The subject site is within the "General Agricultural Area" designation in the Durham
Regional Official Plan. There is also an indication of "Hazard Lands" in the vicinity of
the site. The proposal to permit the continuation and expansion of an existing use may be
considered in light of Section 16.6.5 of the Durham Regional Official Plan.
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REPURT ND.: PD-146-87 Page 2
The subject site is presently zoned as "Environmental Protection (EP)" by
the Town of Newcastle Comprehensive Zoning By-law 84-63, as amended. This
zone does not permit residential uses or uses accessory thereto. The
dwelling was created prior to the by-law, therefore, enjoys a legal
non-conforming right. The construction of anew building i s not permi tted
until the rezoning is changed to permit that new use.
Staff would note for the Committee's information that pursuant to Council's
resolution of July 26, 1982 and the requirements of the Planning Act, the
appropriate signage acknowledging the application was installed on the
subject lands. Staff would note that no objections to the proposal were
received at the writing of this Report with respect to the amendment
requested.
In accordance with departmental procedures, the application was circulated
to obtain comments from other departments and agencies as noted within Staff
Report PD-97-87. Staff would note the following departments/agencies, in
providing comments, offered no object ions to the application as filed:
- Newcastle Fire Department
- Regional Planning Department
- Regional Health Unit
- Ministry of Agriculture and Food
- Ganaraska Region Conservation Authority
The Regional Planning Department in their comments noted:
"The susceptibility of the site to any physical hazard should also
be considered in light of comments from the Ganaraska Region
Conservation Authority."
Staff circulated the Authority and have received verbal comments which
indicated no objection to the approval. The proposal will have no adverse
impact upon the stream, either up or downstream. The siting of the building
will be approved, as will the floor elevation, by the Authority prior to a
building permit being issued by Town Staff.
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REPORT NO.: PD-146-87
Page 3
The location of the accessory building shown on the diagram submitted by the
applicant, conforms to the setback requirements of the By-law. The size of
the building also conforms to the requirements of the appropriate section of
the by-law.
Staff have reviewed the application and have no objection to the rezoning as
it does not appear to offend the intent of the Zoning By-law. Staff are
therefore recommending that the application be approved.
Respectfully submitted,
wards, .C.I.P.
Director of Planning
Recommended for presentation
to the Committee
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La re-~c k~: otsett
Chief ~mnistrative Officer
TFC*TTE*jip
*Attach.
May 6, 1987
Applicant: Mr. Martin Zegers
P.O. Box 78
R.R. #2
ORONO, Ontario
LOB 1M0
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 87-
being a By-law to amend By-law 84-63, as amended, of the
Corporation of the Town of Newcastle.
WHEREAS the Council of the Corporation of the Town of Newcastle
deems it advisable to amend By-law 84-63, as amended, of the
Corporation of the Town of Newcastle in order to permit the
construction of a two car garage accessory to a single family
dwelling pursuant to Section 16.6.5 of the Durham Regional Official
Plan;
NOW THEREFORE BE IT RESOLVED THAT By-law 84-63 is hereby amended as
follows:
1. Schedule "'L" to By-law 84-63, as amended, is hereby further
amended by changing the zone designation from "Environmental
f Protection (EP)" Zone to "Environmental Protection Exception (EP-5 )"
Zone as indicated on the attached Schedule "X" hereto.
2. Schedule "X" attached hereto shall form part of this by-law.
3. This By-law shall come into effect on the date of passing
hereof, subject to the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of 1987
BY-LAW read a second time this day of 1987
BY-LAW read a third time and finally passed this day of
? 1987.
MAYOR
CLERK
This is Schedule ~"X" to By-law 87 - ; ,
passed #his ~ day of ~ ,~ 1.987 A.D.
REGIONAL ROAD 4 (TAUNTON ROAD)
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