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HomeMy WebLinkAboutCD-27-87"~~ i Cc(1 ~'~ .4~~ . ~? TOWN OF NEWCASTLE (~jryC; GENERAL PURPOSE & ADMINISTRATIONCOMMITTEE DATE; APRIL 21, 1987 REPOT #: CD-27-87 FILE #: 60.52.141. SUB.IECT: RECOMMENDATIONS: APPLICATION BY MR. JIM BUSH TO RETAIN USE OF EXISTING BUILDING WHILE CONSTRUCTING A NEW RESIDENCE ON THE SAME PROPERTY (PT. LOT 4, CONC. 2, DARLINGTON) It is respectfully recommended that the General Purpose and Administration Committee recommend the following to Council: 1. That Clerk's Report CD-27-87 be received; and 2. That the request made by Mr. Jim Bush for permission to retain the existing building during the construction of a new residence be approved subject to the following conditions: a) That Mr. Bush apply for, and receive a demolition permit with respect to the demolition and complete removal of the original residence presently located within the boundaries of the parcel described as Part 1, Plan 10R-2027; b) That the agreement provide for the demolition of the original residence within six (6) months of the issuing of the building permit related to the construction of the new single family residence, and in any event prior to the occupying of the new residence; and c) That the agreement be prepared in registerable form and registered on title. BACKGROUND AND COMMENT: Mr. Bush appeared as a delegation at the Council meeting held on February 23, 1987, and following his presentation Council approved his request for permission to retain the original residence while constructing a new residence on the same property, "subject to the applicant satisfying all of the conditions of the municipality';. and that staff prepare the necessary agreement for execution when all of the conditions are satisfied..." f---,`.s Report CD-27-87 - 2 - April 21, 1987 ~ 1 ~C~, At first the application appeared to be the standard request for permission to occupy the existing residence during the construction of a new residence on the same property, following which the old home would be demolished. This type of agreement is authorized by Council on a regular basis. The difference in this application is, that Mr. Bush does not occupy the existing residence and investigation shows that it is uninhabitable. Accordingly, the standard form of agreement does not apply, and in fact, the Planning Department holds the position that the old structure should be demolished prior to'the issuing of a building permit. Following receipt of the Planning Department's reports on the existing structure, and their position regarding the application, I contacted Mr. Bush. He advised me that the existing structure was uninhabited, and indeed it was unfit for human habitation. The only reason for retaining it fora temporary period, was to use it as a power source to supply electricity to the new construction site. Mr. Bush stated, that it was his intention to demolish the structure and level the site at the same time (and using the same equipment) as the backfilling of the foundation and grading was taking place. This was, in his opinion, a more economical method of proceeding. Finally, Mr. Bush stated that he would sign any form of agreement with the Town which would satisfy everyone's concerns relating to the construction and demolition activities proposed for the site. Mr. Bush also advised that he would be moving into the new home and wanted no other structures to be located on the parcel. Staff have certain concerns which are: that the agreement be in registerable form and contain specific conditions to be met by the applicant. The conditions are: a) that a demolition permit be applied for and issued respecting the original residence situate on Part 1, Plan 10R-2027; b) that the original residence on Part 1, Plan 10R-2027 be demolished within six (6) months of the issuing of the building permit or in any event prior to the occupying of the new residence; c) that the agreement be prepared in registerable form and registered on title. The Planning Department has reviewed the contents of this report and agree with its contents. ~,-° Report CD-27-87 - 3 - April 21, 1987 ~~- Accordingly, staff would recommend approval of Mr. Bush's application, subject to the conditions in the report being met. Respectfully submitted, ~ ~ ,~R~..d..~.~. ~ ~ David W. Oakes, B.A.,A.M.C.T.,C.M.O., Town Clerk Recommended for Presentation to Committee ~ ~ g/ fi J I tr'f ~ I' i ~1=awre Chief ;'E. Kotseff, M.C.I.P., m~inistrative Officer DWO/ms Attachment I THIS AGREEMENT MADE IN DUPLICATE this day of 1987 THE CORPORATION OF THE TOWN OF NEWCASTLE hereinafter referred to as THE CORPORATION and JAMES TIMOTHY BUSH AND ELLEN ANNE BUSH hereinafter referred to as THE OWNERS WHEREAS the owners are the registered owners of Part of Lot 4, Concession 2, Geographic Township of Darlington, now part of the Town of Newcastle, containing approximately 2.3 acres more or less, and described more particularly as being Part 1, Plan tOR-2027; deposited in the Land Registry Office for the Registry Division of Newcastle (No. 10) on June 11th 1985; AND WHEREAS the owners are desirous of obtaining a building permit for the construction of a single family dwelling on the said lands; IT IS NEREBY AGREED AS FOLLOWS: 1. The owners shall apply for and receive a demolition permit respecting the demolition and complete removal of the original single family dwelling ..presently located within the boundaries of the parcel described as Part 1, Plan 10R-2027. 2. That the existing single family dwelling be demolished within six (6) months of the date of issue of the building permit related to the construction of the new single family dwelling to be located within the boundaries of the parcel described as Part 1, Plan 10R-2027, and in any event prior to the occupying of the new single family dwelling by any persons. 3. That upon occupancy of the new single family dwelling, to be constructed, this single family dwelling shall be the only residential use permitted on the said lands. 4. This agreement shall enure to the benefit of and be binding upon all of the parties I~ereto, its, his or her respective heirs, executors, administrators successors or assigns. Dated at the Town of Newcastle This day of 1987. WITNESS JAMES TIMOTHY BUSH WITNESS ELLEN ANNE BUSH THE CORPORATION OF THE TOWN OF NEWCASTLE MAYOR CLERK u~ ~'~ If ~ ,' THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 87-80 being a by-law to authorize the entering into of an agreement with James Timothy Bush and Ellen Ann Bush respecting the conditions attached to the issuing of a building permit THE COUNCIL OF~:THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle and seal with the Corporation seal, an Agreement between James Timothy Bush and Ellen Ann Bush and the said Corporation, establishing the special conditions under which a building permit will be issued, a copy of the Agreement is attached hereto as Schedule "A". By-law read a first and second time this 27th day of April 1987 By-law read a third time and finally passed this 27th day of April 1987. r er