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HomeMy WebLinkAbout75-136REPORT N0, 116 ZONING APPLICATION FOR WILHELM AND HERTA ULRICH - MANVERS ROAD: - 1. Purpose of Application: On September 13, 1974, an application was received regarding part of Lot 11, Concession 5, Darlington. The applicant requested a change in the Zoning By-law to M1 (Industrial) to permit meat cutting and processing on the site. 2. Official Plan Provisions: The Interim District Plan designates the site "Rural". This designation permits "Home Industrial" uses. These uses are def- ined as uses not considered noxious under the Public Health Act, which are secondary to the main rural use of the property, are located on a lot of at least 25 acres and employ not more than 3 non -family members. The applicant proposes to process the car- casses of beef raised on his farm for freezer orders and to smoke some of this meat for sausages. This use would be accessory to the existing livestock raising use and would therefore conform with the Official Plan requirements. The Plan states that these uses may be placed in a separate Zoning category. The approved Darlington Official Plan, and Amend- ment No.8 thereto do not permit the location of this type of use in an agricultural zone. 3. Zoning Provisions: This lot is presently zoned Agricultural. The Applicant is requesting the change of a 100x 280' parcel to M1 Zoning to permit - 2 - 3. (continued)....... a meat cutting and sausage making business. This type of use is permitting in an M1 Zone, provided that the development meets the zone provision. The attached table demonstrates that this proposal conforms to all of these requirements except for the minimum int- erior side yard width. The present farm dwelling would, after rezoning, conform to all of the requirements of the Agricultural Zone, except for the mini- mum interior side yard width adjacent to an industrial zone. A minimum of 45 foot separation is presently required between a residential building in an Agricultural Zone and an industrial building in an M Zone. This proposal provides only a 35 foot sep- aration. The proposed New Zoning By-law for the Town of Newcastle would require an 80 foot separation between a residential building in a Rural Zone and an industrial building in an industrial zone. With a total of 35 feet between buildings, this proposal does not meet the minimum interior side yard requirements of the proposed By-law. 4, Circulation of Application: The application was circulated for comments to the following agencies: (1) The Durham works Department (2) The Durham Health Unit (3) The Durham Planning Department (4) The Plans Administration Branch All of these agencies replied. - 3 - 5. Regume of Comments: (1) The Durham Works Department - advised that they had no objec- tions to the application, provided that approval be subject to the dedication of 17 feet for road widening purposes across the entire frontage of the property along Regional Road No. 14. (2) The Durham Re ig_onal Hpalth Unit - advised that they had no ob- jections to this application. They stressed, however, that the applicant must meet all requirements of the Food Premises Reg- ulations and all other pertinent legislation before commencing operation. (3) The Durham Planning Department - advised that since they make comments on proposed amendments to the Zoning By-law, it would be inappropriate to comment at this stage of processing the application. (4) The Plans Administration Branch - stated that the Regional Mun- icipality of Durham has taken over responsibility for commenting on Zoning By-laws. 6. Discussion: The applicant wishes to build an addition to an existing garage and to renovate the garage for a small meat cutting operation based on his own supply of livestock. The scale of business will neces- sarily be limited by the applicants stock. The subject site is surrounded on three sides by the applicant's land and the farms and houses on the east side of Manvers Road would - 4 - 6. (continued)....... not likely be affected by this proposal. No submissions have been received in opposition to this application. The proposal meets all of the relevant provisions of the Int- erim District Plan and the zone requirements of the Darlington Zoning By-law except for the minimum required side yard widths bet- ween the garage and the farmhouse. As conversion of the existing frame building would entail considerable alterations, and since the garage is too close to the farmhouse to allow the provision of the minimum required sideyards, we recommend that the proposed building should be relocated 80 feet south of the house. It is, therefore9 recommended that this application be approved subject to the following conditions. (1) The applicant shall locate the proposed meat processing building so as to allow a minimum distance of 80 feet between the proposed building and the farmhouse. (2) The applicant shall deed a 17 foot strip of land along the entire frontage of his property to the Region of Durham for road widening purposes. The proposed rezoning cannot receive O.M.B. approval until the Min- ister gives his approval to the Interim District Plan. In view of this inevitable delay9 it is recommended that this proposal be in- cluded in the new zoning by-law, rather than proceeding as an amendment to the present by-law. Respectfully subbmitted9 George F. Howdeny Planning Director. AGRICULTURAL e RESIDENTIAL (A) ZONE PROVISIONS INTERIOR 1. Minimum Lot Area 379500 sq. ft. 2. Minimum Lot Frcntage 150 $t. 3. Minimum Lot Depth 4. Maximum lot Coverage 10 % 5. Minimum Yards - Front 50 ft. - Interior Side 20 ft. - Exterior Side ---- - Rear 50 ft. INDUSTRIAL COMMERCIAL (M1) ZONE PROVISIONS 1. Minimum. Lot Area ---- 2. Minimum Lot Frontage ---- 3. Minimum Lot Depth 200 ft. 4. Maximum Lot Coverage 50 % 5. Minimum Yards - Front 50 £t. - Interior Side 25 ft. - Exterior Side 35 ft. - Rear 45 ft. AGRICULTURAL e RESIDENTIAL (A) ZONE PROVISIONS INTERIOR 1. Minimum Lot Area 379500 sq. ft. 2. Minimum Lot Frcntage 150 $t. 3. Minimum Lot Depth 4. Maximum lot Coverage 10 % 5. Minimum Yards - Front 50 ft. - Interior Side 20 ft. - Exterior Side ---- - Rear 50 ft.