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HomeMy WebLinkAbout2023-049If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law 2023-049 Whereas the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of Clarington for ZBA2021-0008; Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Notwithstanding Sections 3.1 g. iv), 3.12 c., 3.16 d., 18.1, 18.3 c. i) and 18.3 c. iii), the lands zoned C3-10 on the Schedules to this By-law may only be used in accordance with the following zone regulations: a. Permitted Residential uses i. A Single detached dwelling ii. A dwelling unit located within a portion of a non-residential building permitted within the Hamlet Commercial (C3-10) Zone; b. Permitted Non -Residential Uses i. A retail store c. Lot Area (minimum) 1000 square metres d. Front Yard 1.4 metres 0 metres for any accessibility ramps e. Interior Side Yard Setback 2.9 metres f. Loading Spaces Nil g. Drive aisle for residential parking 2.9 metres h. Floor area, Commercial (Maximum) 60 square metres i. In addition to the regulations of Section 3.10 with respect to the removal of the "Holding (H)" symbol, Council shall only enact a By-law to remove the Holding (H) symbol from the lands zoned (H) on C3-10, at such time as The applicant provides satisfactory evidence which addresses all concerns listed in the Staff Recommendation Report PDS-043-21 report, including Section 8.8; ii. The applicant submits a parking analysis report to the satisfaction of the Region and the Municipality; and iii. The applicant enters into the appropriate development agreement with the Municipality of Clarington to address the final technical details related to the proposal. 2. Schedule `16' to By-law 84-63, as amended, is hereby further amended by changing the zone designation from "Residential Hamlet (RH) Zone" to "Holding — Hamlet Commercial Exception ((H) C3-10) Zone" as illustrated on the attached Schedule `A' hereto. 3. Schedule `A' attached hereto shall form a part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 and 36 of the Planning Act. By -Law approved by Order of the Ontario Land Tribunal dated 1 st day of June, 2023.