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Home My WebLink AboutPD-189-87~ C~~ i ~,,, . ~~ ~ , `? TOWN OF NEWCASTLE REPORT File #,,~~~°° ~~°~~ Res . #,~~~ .'~~ By-Law # ~S ~'~,~ N'EETI~: General Purpose and Administration Committee DATE: Monday, July 20, 1987 T #: PD-189-87 FILE #~ DEV 87-24 CT: REZONING APPLICATION - MARTIN ZEGERS PART OF LOT 30, CONCESSION 5, FORMER TWP. OF CLARKE OUR FILE: DEV 87-24 (CLERK'S FILE: 60.35.356) RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-189-87 be received; and 2. THAT Report PD-146-87, as referred back to Staff for re-circulation and for re-assessment by the Conservation Authority be received for information; and 3. THAT the application filed b,y 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. BNCKGROUND AND COMMENT: In consideration of Staff Report PD-146-87, the General Purpose and Administration Committee recommended to Council the following: "THAT Report PD-146-87 be received; and 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 referred back to Staff for re-circulation and for re-assessment by the Conservation Authority." ...2 ~c) r REPORT NO.: PD-189-87 Page 2 In consideration of the above resolution, the application has been re-circulated and properly posted pursuant to the provisions of the Planning Act. The comments of the Ganaraska Region Conservation Authority submitted for Staff review were as follows: Ganaraska Region_Conservation Authority "The above noted application has been reviewed and we are pleased to offer the following comments. Stream alterations were undertaken on the subject property in the late 1970's which together with site grading and elevation specifications relieved a portion of the subject lot from flooding under Regional Storm flood conditions. The dwelling on Part 1 of Instrument 97028 is not subject to flooding and calculations undertaken by the Authority in April of 1987 indicate that flooding in the area of the proposed building will be less than one foot under Regional Storm conditions. By constructing the accessory building pad at the same ground elevation as the existing garage, it would not be subject to flooding and further such construction would not have an adverse effect on flood levels up or downstream. Specifics of the construction type and elevation of the proposed building will be reviewed by the Authority through our Fill, Construction and Alteration to Waterways Regulation. Therefore, in the opinion of the Authority, the proposed accessory building can be constructed in a manner so as to protect it from flooding under Regional Storm flood conditions without adversely affecting flooding or erosion up or downstream, there are no objections to Application DEV 87-24." Additionally, Staff would note that the Conservation Authority Staff have approved a permit application submitted by Mr. Zegers for the proposed accessory structure. Staff would note the issuance of their approval is a requirement through their mandate to review the technical aspects of the structure ie: proposed elevations and siting. Their approval would be a reugirement prior to the issuance of a building permit should Council deem it appropriate to approve the rezoning application. ...3 Cc) * REPURT ND.: PD-189-87 Page 3 As noted within Staff Report PD-146-87, the proposed building, both in size and location, would conform to the appropriate provision for accessory buildings. Staff accordingly, would offer no objections to the rezoning application and respectfully recommend that the by-law attached to Report PD-146-87 be forwarded to Council for approval. Respectfully submitted, LDT*TTE*jip *Attach. June 30, 1987 APPLICANT: Mr. Martin Zegers P.O. Box 78 R.R. #2 ORUNU, Ontario LOB 1M0 Recommended for presentation to the Committee rence otseff Chief Admi i ~trati ve Uf ficer MEETING: General Purpose and Administration Committee DATE: Tuesday, May 19, 1987 f~P'OFtT #: PD-146-$7 FILE #: DEV 87-24. SUB,>ECT: REZONING .APPLICATION - MARTIN ZEGERS PART LOT 30, CONCESSION-5, FORMER TWP. OF CLARKE OUR FILE: DEV 87-24 CLERK'S FILE: 60.35.356 BACKGROUND AND COMMENT: On March 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.b.5 of the Durham Regional Official Plan. ...2 Lv~ REPURT NO.: PD'-146-87 Page ?_ The subject site is presently zoned as "Environmental Protection (EP)" by the Town of Newcastle Comprehensive Zoning Qy-law 84-G3, 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 is not permitted until the rezoning is changed to permit that new use. Staff would note for the Committee's info rn~ation 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 St aff Report PD-97-87.Staff.would note the following departments/agencies, in providing comments, offered` no objections 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 camments 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. ...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, ~~ war s,~: , Recommended for presentation to the Committee ~< s - ~ ~: THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 87- being a By-law to amend By-law 84-b3, 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; NUW THEREFORE BE IT RESOLVED THAT By-law 84-63 is hereby amended as follows: 1. Schedule "2" to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Environmental 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 this ~ day of ~ ,~ 1.957 A.®. REGIONAL ~ ROAD 4 (TAUNTON ROAD ) 1 -IY. R'. HIVV LC LOT 30,CON.S m N LOT 30 M Q N74°40'00'~E ~ Q Y ~` Z ' O . _ - j/ ° U ~ 1!L1 z O NT4°40'00".E 60960 CONCESSION 5 ZONING CHANGE FROM'EP' TO'EP-5' ' 0 6. ~ 10 YO 'SO~n . -Mayor 6 3 I 30 LOT 29' LOT . 28 . 40 4•I TgUNTON R0. ~ RI-2 °t. tx A Cletic ~~ '~ -, I 1 ~ ~ RI.2 ~ `~ i ~ ' ~ RI.2 Z i ____~- O a ~~ I (n ~ I °ao a ' v ~ ~ o: R1-2 ~ O~ ( A z E c~ U~ °- ' ~ w R12 E~ ~ /j C3-3 ~ _ r` ~..ORONO . oao wo zoo aoom . aom o ^l _. ~c~