HomeMy WebLinkAboutPD-6-94Subject: REZONING APPLICATION - LAND DIVISION COMMITTEE APPLICATION
PART LOT 30, CONCESSION 4, FORMER TOWNSHIP OF DARLINGTON
FILE: DEV 90 -024 (X -REF: LD 024/93)
APPLICANT: MARY JO BOYES AND JOHN WIERZBICKI
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -6 -94 be received for information.
1. BACKGROUND
1.1 On February 19, 1990, the Planning and Development Department
received an application to amend Comprehensive Zoning By -law
84 -63 in order to permit the creation of two (2) residential
hamlet lots with frontages of 20.42 metres and 20.35 metres.
1.2 Following a lengthy review which resulted in a recommendation
of denial from the Planning and Development Department, the
Council of the former Town of Newcastle passed By -law 92 -127
which would facilitate the applicant's proposal. By -law 92-
127 was subsequently appealed by eight (8) area residents.
1.3 Upon the advice of the Ontario Municipal Board, the applicant
subsequently applied with the Land Division Committee to sever
the property. The Ontario Municipal Board, knowing the
appellants would likely appeal the consent application were it
approved, was desirous of hearing both matters simultaneously.
The applicant was granted consent to sever by the Land
Division Committee on February 15, 1993. Staff did
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PAPER EArIR
THIS IS PRA EIXR RECYCLED PAPER
REPORT NO. PD -6 -94 PAGE 2
not support the application for consent and the application
(LD 024/93) was appealed by the same eight (8) area residents.
1.4 An Ontario Municipal Board hearing on both the zoning
amendment application and the consent application is scheduled
to commence on Tuesday January 25, 1994 for two (2) days.
Staff will not be attending the hearing since the professional
planning opinion as contained in Report PD- 257 -90 and in the
subsequent addendum report was at variance with the Council's
decision. However, Council does have the option of retaining
a private consultant and a solicitor in order to represent
Council at the hearing, although, Staff would advise that
funds have not been allocated in the Planning Department
budget for this purpose.
1.5 Finally, Staff advise for the Committee's and Council's
information that the original applicants sold the subject
property in December of 1993. Although the new owner has no
interest in proceeding with the applications, the Board, is
compelled to hold a hearing since the By -law was appealed by
area residents.
Respectfully submitted, Recommended for presentation
to the Committee,
Franklin Wu, M.C.I.P. rie Marano, Acting
Director of Planning Chief Administrative Officer
and Development
WM *FW *cc
January 10, 1994
Attachment # 1 - Key Map
Attachment # 2 - Survey
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