HomeMy WebLinkAboutPD-104-89DN: CHRIS
TOWN OF NEWCASTLE
REPORT File # ) 56 `
Res. #
By -Law #
PELTING: General Purpose and Administration Committee
DATE: Monday, April 17, 1989
REPORT #: PD- 104 -89 FILE #: DE;V 89 -06
SUBJECT: REZONING APPLICATION - J. CHRISTL SR.
PART LOT 10, BROKEN FRONT CONCESSION, FORMER TWP. OF CLARKE
OUR FILE: DEV 89 -06
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 104 -89 be received; and
2. THAT the rezoning application submitted by Joseph Christl Sr. to retain
barns for the storage of hay, straw, and the housing of livestock on a
non -farm residential lot be referred back to Staff for further processing;
and
3. THAT the applicant be so advised.
1. APPLICATION
1.1 On January 31, 1989 the Planning and Development Department received an
application to amend By -law 84 -63 to permit two (2) existing barns; one to
be used for the housing of livestock and the other for the storage of feed,
straw, and hay located on a 1.22 hectare parcel of land. The lot was
created as a severance of a surplus dwelling from a larger 40.47 hectare
farm.
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REPORT NO.: PD-104-89
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2.1 This application for rezoning precipitated from a Land Division
application submitted in August, 1988. Through the Land Division
Committee staff circulation of the application, Planning Staff offered
no objection to the application, however, requested, as a condition of
approval, that all non-residential structures be removed from the
severed portion.
2.2 The conditions of approval, as requested by the Town Staff was not
included in the minutes or the decision of the Land Division Committee.
To that end, Staff reported to Council on September 26, 1988
(PD-195-88) and recommended to Council that the Land Division
Committee's decision be appealed as the conditions of approval as
requested were not incorporated in the decision and the proposed land
severance would not conform to the Town of Newcastle's Comprehensive
Zoning By-law inasmuch as the agricultural buildings were to remain on
the severed lands.
2.3 Council did not appeal the decision of the Land Division Committee and
the applicant was left with an illegal usage of the property. The
applicant basically has two options to address this matter, either
bring the lot and use into compliance by removing the accessory farm
structures or submit a rezoning application for Committee and Council's
consideration.
3. LOCATION AND SURROUNDING LAND USES
3.1 The subject lands are located on the south side of Concession Road 1,
east of Bellamy Road, being Part Lot 10, Broken Front Concession, in
the former Township of Clarke.
3.2 The existing surrounding land uses abutting the property are as
follows:
To
the
North
- non-farm rural
residential
To
the
West
- non-farm rural
residential
To
the
South
- agricultural -
cropland
To
the
East
- agricultural -
cropland
[_1 ...3
0
8
4.1 Within the Durham Regional Official Plan the subject lands are
designated as "Permanent Agricultural Reserve ". The predominant use
3
of lands within this designation shall be used for agricultural and
farm - related uses. The Plan states, three criteria for which non -farm
residential uses may be permitted. The subject parcel was created
under the provision of disposition of surplus dwelling. It is noted
that the Official Plan is silent on whether or not farm structures
shall be removed when a non -farm residential lot is created.
5. PUBLIC NOTICE AND SUBMISSIONS
5.1 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.
5.2 As of the writing of this report, no written submissions have been
received.
6. AGENCY COMMENTS
6.1 In accordance with departmental procedures, the application was
circulated to obtain comments from other departments and agencies.
The following departments /agencies in providing comments, offered no
objection to the application as filed:
- Newcastle Public Works Department
- Region of Durham Health Services Department
- Ganaraska Region Conservation Authority
6.2 The Ministry of Agriculture and Food states that although they
questioned the original consent application, they do not offer any
objection to the current rezoning application since the lot has been
created by the Durham Land Division Committee.
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5-09
6.4 Staff would note for the Committee's information that comments are
still outstanding from the following agencies:
- Regional Planning Department
7. COMMENTS
7.1 Since the Official Plan is silent on whether or not farm structures
may be permitted on a non -farm residential lot and since we do not
have the benefits of the Region's staff comments as to whether or not
the Rezoning Application would violate the intent of the Official
Plan, Staff would recommend that the application be referred back to
Staff for further processing.
7.2 This report is written to facilitate a Public Meeting in accordance
with the Planning Act requirements.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C.I.P.
Director of Planning & Development
CRV *FW *jip
*Attach.
April 4, 1989
Lawrence N.otseff
Chief Admin strative Officer
INTERESTED PARTIES TO BE ADVISED OF COMMITTEE AND COUNCIL'S DECISION
Joseph B. Christl Sr.
R.R. #3
BOWMANVILLE, Ontario L1C 3K3
Mr. John Hooey
Box 43, Mill Street
ORONO, Ontario LOB 1MO
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LOT 15 14 13 12
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OTHER
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Dev. 89�5906