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HomeMy WebLinkAboutPSD-039-05 Cl~mgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, March 29, 2005 Report #: PSD-039-05 File #: ZBA 2005-004 6;J;J'1'-I0-(,:) By-law #: -9075-(j(5<; Subject: APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: GEORGE L YSYK RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-039-05 be received; 2. THAT the request for removal of Part Lot Control with respect to Part of Block E, on Registered Plan 702, be APPROVED and that the attached Part Lot Control By-law be passed pursuant to Section 50 (7.1) of the Planning Act; and 3. THAT all interested parties listed in this report, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. (/1 Submitted b .' .' 7.- / Q'avid J. Cr me, M.C.I.f7:", .P.P. ../ -Director 0 Planning S/{rvices Reviewed by: 0 ~ --s-~ Franklin Wu, Chief Administrative Officer BH/CS/DCllb 9 March 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 621 REPORT NO.: PSD-039-05 PAGE 2 1.0 1.1 1.2 2.0 2.1 2.2 2.3 2.4 3.0 3.1 3.2 3.3 4.0 4.1 APPLICATION DETAILS Applicant/Agent: Location: George Lysyk Part Lot 13, Concession 1, former Town of Bowmanville Part of Block "E", Registered Plan 702 BACKGROUND On February 3, 2005, Staff received a request from George Lysyk for the removal of Part Lot Control with respect to Part 2 of 10R-520 which is the eastern portion of Block "E", Registered Plan 702 (Attachment 1). The applicant is proposing to construct four (4) semi-detached/link dwelling units on the proposed parcels 1 and 2, and a single detached dwelling on the proposed parcel 3 (see Attachment 1). Registration of Plan of Subdivision 702 was completed on March 30, 1973, Part of Block "E" of this plan received draft approval for future residential by the Province of Ontario. The west half of the block has developed with retail and office uses as the Waverly Plaza. On February 3, 2005, the Committee of Adjustment considered and approved an application to reduce the minimum lot frontage from 15 metres to 13.8 metres for a single detached dwelling on proposed parcel 3. Minor variance application A2005/001 was final and binding on February 24, 2005. COMMENTS Staff has no objection to the approval of a By-law exempting the subject lands from Part Lot Control. Attached is a By-law (Attachment 2) to exempt the subject lands from Section 50 (5) of the Planning Act. In accordance with the procedures established in the delegation of Part Lot Control By- laws, Planning Staff will forward to the Regional Planning Department. The Region will be advised that this application will result in the creation of four (4) semi-detached units and one single detached unit. The Finance Department advises that the taxes have been paid in full. RECOMMENDATIONS In accordance with Subsection 7.3 of Section 50 of the Planning Act, the By-law may provide a specified timeframe during which the By-law shall be in force. As a result, it is not necessary for Staff to prepare a second By-law to restore Part Lot Control on the subject lands. The Planning Act leaves it to the Municipality to determine an appropriate 622 REPORT NO.: PSO-039-05 PAGE 3 timeframe during which the By-law shall apply. Staff recommends that the By-law be in force for a two (2) year period following Council approval, ending April 4, 2007. Attachments: Attachment 1: Site Location Key Map and Lands Affected by Part Lot Control Removal Attachment 2: By-law for Removal of Part Lot Control List of interested parties to be advised of Council's decision: George Lysyk 623 c c( o a:: >- w ..J a:: w ~ 3: $ ...-""""" II I , ~ " 18(10561 '" Oil' SOI"lTH ;: ",h/ / ATTACHMENT 1 1- <S'~.;~> " . -:~> S~:".1;~' / ,'h' (J ....,;~~ I~' ~ )'>"~::~'~" .j." ,;>"'.,/ .", . YJ,,:>S'" / ry '.. ;g 0 ,,; . ~ ,,' ~8 PARCEL 1 , . ... .... 2193.9 sq.m. -:: .f .0 " PARCEL 2 . 0 ~" ... ... 1546.9 sq,m. ... z 0 1: R E G S T E R E D z P L A N 8 . ~i ~s i!! . B L 0 C K E 2 () ~ .. N ,.; ... 0 .. , .. .. .. .. - .. .. .. SOUTHWtSl ~ flLOCl([.RP.702: 'e.oo to,..Id."'l '100 Ml_~ la,,(OUJ ""., 46.615 (M) (46.6J5 pt) 17.\55 16.835 39,265 (m PO N "0 59' OO~ E IlU'(Il[NCEIlENIING QUINN DRIVE 0' !t Ilnig!,"~ 624 .;. ., ,. ...,. ....> S1e('~) 1'06 0,1J SOIJ1H 0""'>0 r~ . ..t,. 'l '0 's / '-., . ",~> ,,"' ,oj' / .':' ..~. .', :"/, / / c, .' ':~, " 1:'1 $1&(1IXl5) ""'EO ~ R_SQ,60 ------ _6,210 [u) -........ C:6.206 N7S'09',J7"E t:,.~~(P1} ...75'28'2'.l"'[ ZBA 2005-004 Lands Affected By Part Lot Control Owner: George I. Lysyk ATTACHMENT 2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- OL(K being a By-law to exempt certain portions of Registered Plan 702 WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Part of Block "E", on Registered Plan 702, registered at the Land Titles Division of Whitby; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows; 1. That Subsection 5 of Section 50 of the Planning Act shali not apply to those lands described in paragraph 2 within the By.law. 2. That this By-law shall come into effect upon being approved by the Municipality of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the following lands; a) Part of Block E, on Registered Plan 702 further described as Part 2 of 10R-520. 3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in force for a period of two (2) years ending on April 4, 2007. BY-LAW read a first time this day of 2005 BY-LAW read a second time this day of 2005 BY-LAW read a third time and finally passed this day of 2005 John Mutton, Mayor Patti L. Barrie, Municipal Clerk _625