HomeMy WebLinkAboutPD-78-97THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN: PD -78 -97 REPORT
PUBLIC MEETING
General Purpose and Administration Committee
Meeting:
Date:
Report #
Subject:
Monday, July 7, 1997
File # ` -07 D {30
Res. # ,A _ 3S�r ?_7
PD -78 -97 File #: DEV 97 -030 By -law
REZONING APPLICATION APPLICATION ELJ
APPLICANT: LOUIE (LUKA) GUD
PART LOT 23, CONCESSION 2, FORMER TO
OF DARLINGTON
2020 HIGHWAY 2
FILE: DEV 97 -030
Recommendations:
It is respectfully recommended that General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -78 -97 be received;
2. THAT the application to amend the for eeLuka Gudelj beaeferred back to Staff
Zoning By -Law 84-63 submitted by Lou ( )
for further processing and preparation of and,
3. report following the receipt
d
of the outstanding agency comments, ,
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
1. APPLICATION DETAILS
1.1 Applicant: Louie (Luka) Gudelj
1.2 Agent: (same as above) I appropriate zone to permit a
1.3 Application: ) From Agricultural (A) to an app ro p
home industry - the manufacture and sale of concrete lawn
ornaments
1.4 Site Area: 1.00 hectares (or 2.47 acres) parcel of land (approximately),
within a 9.96 hectare (24.61 acres) subject property
609
2. BACKGROUND
2.1 On April 30, 1997, the Planning and Development Department received an
application to amend Zoning By -law 84 -63 in order to permit a home industry -
the manufacture and sale of concrete lawn ornaments.
This application was submitted after the home industry was established and after
a potential Zoning By -law Infraction was reported for investigation. The
submission of this application is to rectify the illegality of the use.
3. PUBLIC NOTICE AND SUBMISSIONS
3.1 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. In addition the appropriate notice was mailed to each
landowner within the prescribed distance.
3.2 To date, the Planning and Development Department has received no telephone
or counter inquiries or written submissions.
4. OFFICIAL PLAN CONFORMITY
4.1 Within the Durham Regional Official Plan, the subject property is designated as
Major Open Space. The application conforms.
4.2 Within the Clarington Official Plan, the subject property is designated as Green
Space. According to this Plan, home industries are allowed in all rural areas,
including Green Space, subject to certain conditions such as no outside storage.
The use generally conforms with the exception that the proposal includes the
outside storage of both materials and a commercial vehicle.
610
5. ZONING BY -LAW COMPLIANCE
5.1 Within the Comprehensive Zoning By -law 84 -63 of the former Town of Newcastle,
the proposal area within the subject property is zoned "Agricultural (A)". Home
industries are not allowed in the "Agricultural (A)" Zone and hence, the rezoning
application.
6. AGENCY COMMENTS
6.1 The rezoning application was circulated to various agencies and other
departments by the Planning and Development Department. Comments received
to date are as follows.
The Clarington Public Works Department - Engineering Division, has no objection
to the home industry proposal subject to the condition that no alterations are to
be made on the existing site.
The Building Division of the above department has noted the applicant "must take
out 2 building permits for "Change of Use" and upgrade the building in
accordance with Part 10 and Part 11 of the Ontario Building Code. The Division
further notes that this "will among other things require washrooms to be provided
in the building."
The Fire Department has no objection to the home industry proposal.
The Regional Health Department has no objections to the home industry
proposal.
6.2 Comments remain outstanding from Ontario Hydro, and the Regional Planning
and Works Departments.
611
PAGE 4
REPORT NO. PD -78 -97
7. STAFF COMMENTS
7.1 The previously- mentioned lack of conformity with the Clarington Official Plan, ie.
the outside storage of materials and a commercial vehicle (both for the home
industry) is an issue which Staff has discussed with the applicant. Staff has made
it clear to the applicant, in a meeting, that unless the materials and commercial
vehicle are stored inside, the application cannot be recommended for approval.
7.2 As the purpose of this report is to give the status of the application for the public
meeting, it is appropriate to have the application referred back to staff for further
processing.
Respectfully submitted,
Franklin Wu, M.C.I.P.,
Director of Planning
and Development
BR *FW *km
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
Attachment #1 - Subject Property Key Map
Attachment #2 - Site Location Key Map
Attachment #3 - Detailed Site Location Key Map
June 2, 1997
Interested parties to be notified of Council and Committee's decision:
Mr. Louie (Luka) Gudelj
2020 Highway No. 2
BOWMANVILLE, Ontario
L1 C 3K7
612
ATTACHMENT #1
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