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Home My WebLink AboutPD-12-97 AddendumUNFINISHED BUSINESS DN:AD -PD -12.97 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: Council File Date: Monday, February 10, 1997 Res. Addendum to Report #: PD-12-97 File #: ROPA 96 -016 By -law # Subject: AMENDMENT TO THE DURHAM REGION OFFICIAL PLAN APPLICANT: JOE DOMITROVIC PART LOT 29, CONCESSION 3, FORMER TWP. OF DARLINGTON 3872 COURTICE ROAD - FILE: ROPA 96 -016 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum to Report PD -12 -97 be received for information; 2. THAT the recommendations contained in Report PD -12 -97 be approved; 3. THAT the Region of Durham Planning Department be forwarded a copy of this report; and, 4. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. BACKGROUND At its meeting held on Monday, January 27, 1997, Council resolved to refer Report PD -12 -97 back to Staff to address the following issues: • explanation regarding non - conforming uses; • survey other municipalities within Durham Region to examine how they deal with the issue of non - conforming uses; and, • examine the petition from the applicant. 2. NON - CONFORMING USES 2.1 Non - conforming uses are defined by Lehman & Associates in The Zoning Dictionary as follows: ADDENDUM TO REPORT PD-12-97 PAGE 2 "A lawful specific use made of land or a building or intended to be made of a building lawfully under construction at the date of passage of a development control resolution or the date of first publication of an official notice of a proposal to pass a zoning by -law affecting such land or building." 2.2 In addition to the above definition, the Courts in dealing with the issue of legal non - conforming, have held that in order for a property to enjoy a legal non- conforming status, the use must be generally of a continuous nature. 2.3 With respect to the Domitrovic's property, the Municipality's current zoning by -law (By -law 84 -63) was approved on September 10, 1984 while the previous zoning by -law (By -law 2111 for the former Township of Darlington) was approved on December 4, 1958. Both zoning by -laws placed the Domitrovic's property in an "Agricultural Zone" which does not permit a motor vehicle repair garage or a motor vehicle body shop. Therefore, these uses can only be considered legal non - conforming if they predate both zoning by -laws and have generally continued to operate since its establishment. To prove that this operation legally existed and qualifies as a legal non - conforming use, the applicant must be able to prove through sworn affidavits that these auto repair and auto body shop uses existed prior to December 4, 1958 and generally continues throughout.. 2.4 On January 30, 1997, Staff received the following information from Mr. Domitrovic: • A letter, from the applicant's real estate agent who had helped Mr. Domitrovic to relocate in 1988, stated that the agent observed and understood that the garage on the property was being used for automotive repair. At that time, the yard contained several vehicles in various states of repair. • The applicant provided a series of 15 letters signed by 15 area residents indicating that the business was in existence prior to 1984 and that automotive repairs have been conducted since that time. The buildings ADDER'DUM TO REPORT PD-12-97 PAGE A have also been expanded since that time. Although this information may indicate that the use existed prior to 1984, there is no proof that the current uses existed prior to the passage of the former Township of Darlington Zoning By -law on December 8, 1958. 3. NON - CONFORMING USE POLICIES IN ADJACENT MUNICIPALITIES 3.1 Legal Non - Conforminq Uses In Oshawa and Whitby, their official plans allow Council to zone for the continuation, expansion, or enlargement of existing uses, or permit minor variations to existing uses which do not conform with the Regional or local official plans provided that such uses; • create no adverse impacts to surrounding uses; • comply with the Agricultural Code of Practice; • have frontage on an open and maintained public highway; and, • do not detrimentally impact the implementation of the official plan. Ajax does not permit the continuation, expansion, or enlargement of uses which do not conform with the Regional or local official plans. Should non - conforming uses wish to expand, enlarge, or diversify, Council has decided that these uses should relocate to appropriately designated areas. Pickering permits non - conforming uses to continue, expand, or enlarge subject to Committee of Adjustment approval. Should a change of use be proposed, a rezoning application is required to be approved by Council. 3.2 Illegal Non-Conforming Uses Area municipal official plans do not allow Council to permit illegal uses through zoning by -law amendments. In all municipalities surveyed, illegal uses are only identified through complaints with the by -law enforcement department. When an illegal use is established, a property owner is required to cease operation. Alternatively the owner may wish to submit appropriate regional /local official plan ADDENDUM TO REPORT PD -12 -97 PAGE 4 amendment, zoning by -law amendment, and site plan approval applications. Each application is assessed on its own merits. 4. PETITION 4.1 The applicant provided a petition signed by residents within a one kilometre radius of the subject lands who support the application. The petition was circulated on or about May 8, 1996. The preamble to the petition reads as follows: "I/We, the general public and neighbours of Joe Domitrovic Autobody (3872 Courtice Road) do not have a problem with his business operating as it does. We are disappointed that a small business is being Forced to Close due to the Government's inflexibility to change By- laws." Staff have reviewed the petition and offer the following information: • Number of properties within a one kilometre radius of the subject lands 92 • Total number of properties within a one kilometre radius where at least one person signed petition 29 or 31.5% • Total number of signatures in petition 40 • Total number of properties with one signature 19 • Total number of properties with two signatures 9 • Total number of properties with three signatures 1 • Total number of signatures generated outside the one kilometre radius 2 A letter has been received by Staff from one individual who signed the petition who now wishes to have her name removed because she does not wish to have the subject lands rezoned for these commercial uses. ADDENDUM TO REPORT 5. CONCLUSION 5.1 The information contained in this addendum is as per the direction of Council. The recommendations contained in Report PD -12 -97 remain unchanged. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development RH *FW *jip Attachment #1 - Copy of Report PD -12 -97 February 4, 1997 Reviewed by, W. H. Stockwell Chief Administrative Officer Interested parties to be notified of Council and Committee's decision: Joe Domitrovic 3872 Courtice Road Courtice, Ontario L1 E 21-5 Marylynn Riseborough 4193 Tooley Road Courtice, Ontario L1E 1Z4 DN:PD -12-97 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administrative Committee File # Date: Monday, January 20, 1997 Res. # Report #: PDA 2 -97 File #: ROPA 96 -016 By -law # Subject: AMENDMENT TO THE DURHAM REGION OFFICIAL PLAN APPLICANT: JOE DOMITROVIC PART LOT 29, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON, 3872 COURTICE ROAD FILE: ROPA 96 -016 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PDA 2 -97 be received; 2. THAT the Region of Durham Planning Department be advised that the Municipality of Clarington recommends DENIAL of the Official Plan Amendment application to the Durham Regional Official Plan (ROPA 96 -016) as submitted by Joe Domitrovic; 3. THAT the Region of Durham be requested to approve Section 14.5.1 of the Clarington Official Plan as it applies to this subject site (Deferral #35); 4. THAT the Region of Durham Planning Department be forwarded a copy of this report; and, 5. THAT the interested parties listed in this report and any delegation be advised of Council's decision. 1. APPLICATION DETAILS 1.1 Applicant: Joe Domitrovic 1.2 Agent: Same as above 1.3 Durham Region Official Plan Amendment: To amend the Major Open Space policies on a site specific basis to legally recognize an existing automotive repair and automotive body shop 1.4 Site Area: 0.53 hectares (1.31 acres) REPORT NO. PD -12 -97 PAGE 2 2. LOCATION 2.1 The subject lands together comprise a 0.53 hectare parcel at 3872 Courtice Road, situated at the southwest corner of Courtice Road and Pebblestone Road (See Attachment #1). The property in legal terms is known as Part Lot 29, Concession 3 in the former Township of Darlington. 3. BACKGROUND 3.1 As the existing uses are not permitted in the Durham Region Official Plan, Mr. Domitrovic filed an application on September 27, 1996 with the Region of Durham to amend the Official Plan. The purpose of the application is to amend the Major Open Space policies to legally recognize the existing automotive repair and automotive body shop. The amendment to the plan would be a site specific exception. 3.2 According to the application, the current owner has operated this business for approximately 8 years; however, the business has been operating illegally. Neither the existing official plan policies nor the zoning by -law permit a commercial use on the property. According to the site plan, the shop building is approximately 1,000 sq. ft. in size and is located on the north half of the property (Attachment #2). The shop building appears to encroach on the neighbouring property to the west. A site inspection revealed a compound area attached to the shop for the storage of automobiles. This area is enclosed by a 6 foot high wooden fence. The applicant's residential dwelling is located on the south half of the property. 3.3 During the official plan approval process, Mr. Domitrovic appeared in front of Council requesting that his property be exempted from the land use restrictions of Section 14.5.1 which do not permit the existing uses on the property. In approving the Clarington Official Plan, Durham Regional Council deferred Section 14.5.1 which relates to permitted land uses within the Green Space designation. REPORT NO. PD -12 -97 3.4 3.5 4. 4.1 4.2 As a result, this application was submitted for consideration. PAGE 3 Originally, Mr. Domitrovic had submitted an application to amend the zoning by- law. As the use did not conform with the Regional Official Plan or the Council- adopted Clarington Official Plan policies, the application was closed. A Public Meeting was held for the application at the Regional Planning Committee on December 10, 1996. One letter of objection was received from an area resident at the Public Meeting (See Attachment #3) which is summarized as follows: • The area surrounding subject lands is essentially agricultural and rural residential. There are sufficient lands in the South Courtice Industrial Area or Bowmanville zoned to accommodate these uses; • Approving this application could set a precedent for approving other similar uses along the north side of Pebblestone Road; and, • Approving this application could have an adverse impact on surrounding property values. These concerns are addressed in the Staff Comments section of this report. EXISTING AND SURROUNDING USES Existing Uses: Residential dwelling on south half and automotive repair and automotive body shop on north half Surrounding Uses: East: Vacant lands formerly used as a gravel pit North: Rural residential and former gravel pit West: Vacant lands formerly used for excavation South: Rural residential, Mother Theresa Roman Catholic Church, convent /day care, and Monsignor Leo Clary separate elementary school REPORT NO. PD -12 -97 5. OFFICIAL PLAN POLICIES PAGE 4 5.1 Within the existing 1991 Durham Region Official Plan, the subject lands are designated "Major Open Space ". The predominant use of such lands are for conservation, recreation, reforestation, agriculture, and farm - related uses. Golf courses may be permitted by amendment to the plan. As the existing uses are not permitted, the applicant has applied to amend the Durham Region Official Plan to legalize the existing operation. 5.2 Under the Municipality of Clarington Official Plan, the subject lands are designated "Green Space These areas shall be used primarily for conservation and active or passive recreational uses. Agriculture, farm - related' uses, home - based occupations, and limited home industry uses are also permitted. Golf courses may be permitted by amendment to the plan. The existing uses are not currently permitted and would require a modification to the deferred policy (Section 14.5.1) of the Clarington Official Plan. 5.3 The Clarington Official Plan also shows a "Waste Disposal Assessment Area" symbols to the west, north and east of the subject lands. These sites have been used previously for the disposal of various types of waste. The extent of the waste area and the area of influence are unknown. However, the area of influence, as defined by the Ministry of Environment and Energy shall be 500 metres from the waste disposal areas or unless otherwise determined by the Ministry of Environment and Energy. In order to protect public health and safety and ensure land use compatibility, new development within a Waste Disposal Assessment Area or within the area of influence will not be permitted unless the following conditions are fulfilled: • written approval is received from the Ministry of Environment and Energy indicating that the relevant legislation is satisfied; REPORT NO. PD -12 -97 PAGE 5 • studies of gas, leachate, hydrogeology, and structural stability and safety are completed which show that development can safely be constructed; and, • any problems identified in the study can be controlled to the satisfaction of the Ministry of Environment and Energy. No studies have been submitted by the applicant indicating that the subject lands are not within the area of influence of these waste disposal sites. 5.4 Pebblestone Road forms the northern boundary of the subject lands. This road has been designated a Type B arterial in the Durham and Clarington Official Plans and will be extended to the Connecting Link between Highway 401 and the future Highway 407, at which junction a full interchange is planned (see Attachment #1). The body shop operation would not represent a desirable "gateway" for this location. 6. ZONING BY -LAW CONFORMITY 6.1 The subject lands are currently zoned "Agricultural (A) ". Uses permitted in the zone include single detached dwellings, home occupations, cemeteries and places of worship which, existed prior to the date the zoning by -law was passed, conservation and forestry, agriculture, wayside pits and quarries, private and commercial kennels, fur farms, riding and boarding stables, public fairgrounds, and seasonal farm produce sales outlets. As a result, the existing use does not comply with the zoning by -law. 7. AGENCY COMMENTS 7.1 On a November 13t ", 1996 site inspection, the Clarington Fire have identified the following concerns with the existing body shop operation: • The amount of flammable and combustible liquids in the spraying area shall not exceed one day's supply; REPORT NO. PD -12 -97 PAGE 6 • Thinners and solvents shall only be dispensed from listed and labelled safety cans; • A minimum rated 2013C fire extinguisher must be installed; and, • A fixed protection system must be installed in the spray booth in accordance with NFPA standards. The applicant had 30 days from the inspection date to comply with these requirements. Although the applicant intends to fulfil the requirements, the Fire Department has indicated that these have not been fulfilled as of the writing of this report. 7.2 The Clarington Public Works Department - Engineering Division has no objections provided that the following conditions are satisfied: • No additional changes or alterations must be made to the existing site. All existing drainage patterns must be maintained in their present condition; • The applicant must dedicate a 5.18 metre road widening along Pebblestone Road, free and clear of all encumbrances, to the Municipality; • The applicant must submit an application for property access in conjunction with this proposal; • The applicant is responsible for any costs necessary to facilitate the construction of a commercial entrance from the subject property to Pebblestone Road; • The entrance to the subject property must be constructed to specified standard. • A performance guarantee estimate for the commercial entrance construction which forms a connection to the development is required. The applicant's engineer is responsible for providing this estimate; • All works and services must be designated to the requirements of the Director of Public Works; and, • The applicant must meet all the requirements of the Public Works Department, financial and otherwise. REPORT NO. PD -12 -97 PACE 7 7.3 The Clarington Public Works Department - Parks Division has no objections provided that the following conditions are satisfied: • The applicant is required to provide a 2% cash -in -lieu of parkland dedication, if not previously received, through the site plan approval process. This dedication is based on a property appraisal, prepared by a qualified appraiser at the applicant's expense, to be submitted to Municipality for review; and, • The applicant must submit a landscape plan prepared by a landscape architect in conjunction with any future site plan approval. 7.4 The Municipality of Clarington Public Works Department - Building Division has provided comments for this application. As the existing repair shop building encroaches on the neighbouring property to the west, the spatial separation under the Ontario Building Code between the building and the property line cannot be met without demolishing part of the building or purchase of additional lands. This would require the applicant to purchase additional property from the landowner to the west. 7.5 The Durham Region Public Works Department indicated no objection to the proposal subject to the following conditions: • The development is being serviced by a private well and septic system. Municipal services are not proposed to be extended to this area at this time; • Courtice Road has been designated as a Type A arterial in the Durham Official Plan. The Courtice Road access to the repair shop building must be closed. Adequate access, with some improvements, can be provided from Pebblestone Road. The residential access from Courtice Road can remain with no modifications; and, • Pebblestone Road has been designated as a Type B arterial in the Durham Official Plan. Clarington should request a 5.18 metre road widening along Pebblestone Road. REPORT NO. PD -12 -97 PAGE 8 7.6 The Central Lake Ontario Conservation Authority has reviewed the application with respect to environmental concerns and Environmental Impact Study requirements for the proposal. Given the existing developed nature of the property, CL OCA Staff do not foresee additional environmental impacts resulting from the legalization of the existing use. Nevertheless, spills and leaks from on -site storage of paints and thinners must be achieved within the material storage areas. 7.7 The Ministry of Municipal Affairs objects to the proposal on the following basis: • The Ministry is concerned that approval of an urban use within a Major Open Space area could set a precedent; • Given the environmental sensitivity of the subject lands (groundwater discharge /recharge), the nature of the existing use (storage of chemicals, paints, solvents, oil /gas products), the lack of full municipal services, and the illegal establishment of the use, approval of the application should not proceed until a watershed study for the Farewell and Black Creeks have been completed; and, • The subject lands are within 500 metres of three landfill sites. Approval of this application should assess the possible implications of the landfill sites. 8. STAFF COMMENTS 8.1 The lands are located in a rural area and designated Major Open Space. The major open space system is a designation which maintains the natural, scenic, and environmental functions of open space areas. Uses generally permitted within an open space designation include conservation, recreation, reforestation, agriculture, and farm - related uses. Only very limited uses are permitted. In particular, residential uses are limited to those permitted by the Plan: country residential, rural cluster, and existing lots of record. The current use of the land is more suitable in an urban industrial area. 8.2 The surrounding area has developed primarily as a rural setting. Rural residential uses exist to the north and south of the subject lands. A church, convent, day REPORT NO. PD -12 -97 PAGE 9 care, and school have developed south of the lands. Lands to the east and west are currently vacant. As the proposed uses generate customer traffic in the area, noise, fumes, outside storage, it is considered not compatible with the uses in the surrounding areas and not desirable in the rural area. The Clarington Official Plan only permits automotive body shops and automotive repair shops within urban location where they can also benefit from existing or future urban services. 8.3 The Clarington Official Plan permits processing, storage, repair, and service stations within the General Industrial land use designation. A "motor vehicle repair garage" and a "motor vehicle body shop" are permitted uses within areas zoned "General Industrial (M2) ". Therefore, the existing uses should be relocated within lands designated and zoned General Industrial. There are sufficient lands available in South Courtice and Bowmanville industrial areas to accommodate the relocation of this operation. By locating in these areas, the site plan approval process would ensure that services are adequate to handle waste materials and that building design incorporates proper building and fire regulations for these uses. In addition, the municipality has consistently directed inquiries for new businesses to industrial lands. Approving an illegal use would be unfair to other operations which have established themselves in accordance with the relevant planning, building, and fire requirements. 8.4 The existing uses are not considered a home industry within the Clarington Official Plan for the following reasons: • Home industry uses may be conducted in whole or in part in an accessory building or farm building. The scale of automotive repair or automotive body shop uses is much larger in scale compared to the permitted uses. There may be noise and exhaust fumes emitted from the repair of engines which could be problematic where residences are in close proximity. As a result, these uses are not compatible with surrounding land uses; REPORT NO. PD -12 -97 PAGE 10 • Processes and materials involved with automotive repair and automotive body shop require sophisticated handling, storage, and ventilation systems; and, • Automotive repair and automotive body shop operations generally require outdoor storage which can be controlled in commercial or industrial areas through the zoning and site plan approval process. For this reason, open storage is not permitted as part of a home industry. 8.5 The subject lands are located within the Farewell Creek watershed. Two referrals to the Durham Region Official Plan, R1 and R39, were located immediately west of the subject lands. In resolving these referrals, a policy was placed into the Clarington Official Plan indicating that no development could proceed on these lands until a Farewell /Black Creek watershed study was prepared. This would form the basis for future development decisions and amendments to the Durham and Clarington Official Plans. At the time when these referrals were being resolved, there were no development applications in the Major Open Space Areas. Although this policy does not specifically apply to the subject lands, the Ministry of Municipal Affairs feels that the watershed study requirement should apply to the subject lands because an urban use is being requested within the major open space area. Staff concur with this position. 8.6 Approving illegal uses on an individual basis could set a precedent throughout the Municipality. Should this application be approved, there may be pressure to approve similar piece -meal developments within other Major Open Space designated lands throughout the Municipality. This could limit the effectiveness of the official plan policies in prohibiting these uses from major open space areas. 8.7 The subject lands are within 500 metres of three former landfill areas. Any land use approvals should examine possible impacts emanating from these landfill REPORT NO. PD -12 -97 PAGE 11 sites. No studies examining this issue have been submitted in support of this application. 8.8 According to the survey attached to the application, the auto body shop encroaches onto the neighbouring property. The applicant would be required to meet Ontario Building Code fire separation requirements as well as the zoning by- law requirements for accessory buildings. The applicant would have to purchase additional lands from the abutting owner to legalize the building location or demolish that portion of the building encroaching onto the adjacent property. Alternatively, the applicant could be required to move the building to a suitable- on-site location that would satisfy these requirements. 8.9 A number of additional applications would be required to legalize this operation. These include an amendment to the Clarington Official Plan, a zoning by -law amendment, site plan approval, and a boundary realignment through Land Division Committee for the portion of the building encroaching on the neighbouring property. 9. CONCLUSIONS 9.1 The previous discussion has highlighted numerous concerns which include the following: • approval of this application would set a precedent; • the existing use is urban in nature and therefore not compatible with surrounding uses; • the existing uses could be accommodated on lands designated and zoned for these purposes; • as an alternative to redesignation, the use cannot be considered a home industry; REPORT NO. PD -12 -97 PAGE 12 • future reconstruction of Pebblestone Road could limit the effectiveness of the commercial access to the site; • the lands should be subject to the Farewell /Black Creek watershed study to determine future uses; and, • any approvals should examine possible impacts emanating from the surrounding landfill sites. Given the number of concerns with this application, Staff would respectfully recommend that the application be DENIED. 9.2 In conjunction with the denial of the application, it is requested that Durham Regional Council dispense with Deferral #35 and approve Section 14.5.1 of the Clarington Official Plan as it relates to this application. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development RH *FW *km 6 JANUARY 1997 Reviewed by, W.H. Stockwell, Chief Administrative Officer Attachment #1 - Key Map Attachment #2 - Site Plan Attachment #3 - Correspondence from Marylynn Riseborough Interested parties to be notified of Council and Committee's decision: Joe Domitrovic 3872 Courtice Road Courtice, Ontario L1 E 215 Marylynn Riseborough 4193 Tooley Road Courtice, Ontario L1E 1Z4 W SUBJECT SITE RESIDENTIAL DWELLING COURTICE URBAN BOUNDARY LOT 30 LOT 29 LOT Him ru ��IIII� 28 LOT II II I it COU'TICE ROPA 9 KEY MAP ATTACHMENT 1 27 II d- II II Z --1 I 0 II U II ED NGE 1 D \ w U o Z 0 0 � U D i°EBBLESTONE 11 OA49 �ROAO AlZOKWANCE BEMEEN CONCESSIONS J & 4) h 911 caw M1 = 163.14 ---- �.�.`411 WAR I ATTACHMENT 2 1110 , 24 "0 TREE b a iS "/ TREE 044W °N♦ °�° y OPEN O 8 � g NO 24 "0 TREE° o"In 163.17 `vY CDs ON ROPA. 96 -016 SITE PLAN OpCN 2 Q to S °bry to f CVl ' 0 M01 M � b BlD0. 29'W V N,��1 BUILDING X B1D0. 29Yf ♦ Q�• O W 1110 , 24 "0 TREE b a iS "/ TREE 044W °N♦ °�° y OPEN O 8 � g NO 24 "0 TREE° o"In 163.17 `vY CDs ON ROPA. 96 -016 SITE PLAN - - -- ATTACHMENT 3 Commissioner of Planning; Box 623 Whitby, ON LlN 6A3 1 996 02 12 4193 Tooley Rd. Courtice, CAN LIE 17.4 Attn. Richard azarek, Planner Re. File A OPA 96 -016 DEC 0 9 1995 MUNIGI'AIwI�Y° 0FGLA,9IN TON PLANNING f.)EV1A1 lHA[-NTI In regards to the proposed amendment of this property also known as "Joe's Auto Body" I do oppose this amendment. This area is basically agricultural and residential with two clusters of housing within l km of this property. In Courtice there is an Industrial Park area just off of Courtice Road and Baseline both east and west only five minutes from presetrt location so relocation should not have any effect on present clieniele. 13owmanville also has a commercial area zoned for this kind of business use. This is why we have commercial areas and are suppose to be promoting the concept of business areas in the region. I have been told by one councilor that this particular person has only been operating here for eight years even though through the last 3 or 4 decades it has been operating. I would suggest that the zoning should have been checked before he proceededd to operate. I am also afraid that if rezoning is granted it will set a precedence for this particular area, and those persons operating in the north side of Pebblestone Road will also be eventually granted operating permits. Having commercial zoning or gxceptions could have a detrimental effect on property values within a 2 km radius, I would like to be notified if this amendment is adopted. Regards, Mary ynn Risebrough CC Richard Holy, Plu mm' Cou�2T�64-:" UST