HomeMy WebLinkAboutPD-106-89DN: AUSTIN
Al, �,.� TOWN OF NEWCASTLE
REPORT File #, b 35' e,0
Res. #
: -_ -_ By -Law #
MEETING: General Purpose and Administration Committee
DATE: Monday April 17, 1989
REPORT #: PD- 106 -89
FILE #: LD 39/86 & DEV 87 -15
SUBJECT: AUSTIN /RILEY - 0.3 METRE RESERVE
PART LOT 24, B. F. CONCESSION, TOWNSHIP OF CLARKE
PREVIOUS FILES: LD 39/86 & DEV 87 -15
REQUEST FOR REMOVAL OF 01.3 METRE RESERVE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD- 106 -89 be received; and
2. THAT the request submitted by Mr. I. Hamilton, on behalf of the owners
of the property (Austin and Riley) to permit the reconveyance of the
01.3 metre reserve, described as Part 3 1O1R 2463 be DENIED; and
3. THAT Mr. Hamilton be advised of same.
1. BACKGROUND:
1.1 On February 3, 1986, the Durham Region Land Division Committee approved
LD 39/86, involving the severance of a 2.1 ha (5.18 acre) parcel of
land supporting a detached dwelling from a 1019 acre farm. The land was
deemed by the Committee to be excess to the farm operation. It is
noted that the "farm operation" was broken into three (3) parcels,
thereby comprising the total holdings of 1019 acres (see attached
sketch)
...2
f}
4 -7
: 0 : 9 1 1 • 0 •
-------------------------------------------------------------------------------
1.2 The Land Division Committee imposed as a condition of approval that the
appliant satisfy the requirements of the Town of Newcastle regarding
the dedication of a 0.3 metre reserve along the frontage of the
retained lands south of Lakeshore Road. Staff would note that the Town
comments did not include a request for a 0.3 metre reserve, but rather
noted that staff would have no objections to the severance should the
Committee deem that the severance complies with the provisions of the
Durham Regional official Plan.
1.3 The Land Division Committee application was duly approved and the 0.3
metre reserve was conveyed to the Town of Newcastle.
1.4 On March 9, 1989, a request was received by Planning Staff, as
submitted by Mr. I. Hamilton requesting on behalf of his clients that
the 0.3 metre reserve as previously conveyed to the Town in
consideration of LD 39/86 be lifted and conveyed to his client.
2. LOCATION
2.1 The subject lands are located within part of Lot 24, B. F. Concession,
former Township of Clarke, having frontage on the south side of
Lakeshore Road.
3. OFFICIAL PLAN POLICIES
3.1 The most northerly portion of the subject lands is designated
"Permanent Agricultural Reserve" and the southerly portion "Major Open
Space - lands affected by Section 12.3.311. Within Zoning By-law 84-63
the northerly portion is appropriately zoned "Agricultural Exception
(A-1)" and the southerly portion "Agricultural (A)" and "Environmental
Protection (EP)II. Land Division Committee Application No. 39/86 was
approved in consideration of the policies and provisions of the above
noted documents.
V'] 11),
1J I U
a o * 3
EA 0
4.1 In consideration of the status of Lakeshore Road, being a "forced road"
and the provisions of Zoning By -law 84 -63, it is Staff's understanding
that the "retained lands" on the north and south side of Lakeshore Road
are considered as one parcel of land (see sketch attached).
4.2 Staff has been advised by the Owner's solicitor that the lands are
indeed held under one ownership and one deed.
4.3 Notwithstanding the lifting of the 0.3 Metre Reserve, Staff would note
that a building permit for the lands south of Lakeshore Road could not
be obtained as the parcel of land is not held under separate ownership
as described on title, nor is it appropriately zoned.
4.4 The Land Division Committee, in essence, by requiring the dedication of
the 0.3 Metre Reserve provided additional notice to the Owner, by its
existence, that a building permit was not available.
4.5 Any further severances of the lands south of Lakeshore Road from the
remainder of the farm holdings would require due consideration of the
Durham Region Official Plan policies and the provisions of the Town's
Zoning By -law. Durham Region Planning Staff, in its comments to the
Durham Region Land Division Committee on LD 39/86, noted that they
could not support any severance or rezoning of this parcel of land
which is the subject of this report. (Part 1 on attached sketch)
4.6 It is Staff's opinion that there is no planning justification to remove
the 0.3 Metre Reserve. If and when the applicant applies for and is
successful in obtaining the necessary amendments to the Official Plan,
Zoning By -law, and obtains consent approval, then the One Foot Reserve
...4
I
Respectfully submitted,
--------------------------
Franklin Wu, M.C.I.P.
Director of Planning & Development
LDT*FW*cc
*Attach.
April 5, 1989
Interested parties to be notified:
Mr. I. Hamilton
1 Division Street
P.O. Box 9
BOWMANVILLE, Ontario
LlC 3K8
Recommended for presentation
to the Committee
---------------
La rence otseff
Chief Ad in trative Officer
F, ') il
J L. U
la
N
00;99
�I Q
i
IN
NI
'r
a� •Im
v
I�
Q
I�
� IQ
NI
0
1c)
III
IL
)AD ALLOW. BT
CONCCCA
a CONC. B.F
RETAINED
LANDS
D 1
PART 3
z
M h
D1
I
D
1
2'9
Ii
OZ
Z� %P /
Heger, • O \'
OR �20
,RETAINED LANDS, PART 2 N
N � O
� W
Q
O
J J '
I'
II
�) m
-M ---cmv2mm
' RETAINEL
LANDS
SEVERED LANDS Lake Ontario
(Surplus Dwellings)
N
is
O
►Me: 6
RETAINED LANDS HELD
UNDER OWNERSHIP AS
ONE PARCEL ON ONE
DEED.
(PART 3, IOR -2463)
0.3 METRE RESERVE
AS CONDITION OF
LD.39/86