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HomeMy WebLinkAboutPD-113-89� w REPORT File # b. Res. By -Law #Y? Z MEETING: General Purpose and Administration Committee DATE: Monday, May 1, 1989 � ', PD- 113-89 WBJECT: PROPOSED AMENDMENTS TO COMPREHENSIVE ZONING BY -LAW WITH RESPECT TO DEFINITION OF FAMILY, DWELLING UNIT AND SEMI - DETACHED DWELLING OUR FILE: PLN 4.1 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- li3 -89 be received; and 2. THAT the proposed amendments to the Town's Comprehensive Zoning By -law with respect to the definition of Dwelling Unit, Semi - Detached Dwelling and the side yard requirements pertaining to a semi - detached dwelling, be approved, and the by -laws attached hereto be forwarded to Council for approval. 3. THAT a copy of the By -law be advertised in all local newspapers as notification to the general public and a copy be forwarded to Mr. Komarnicki, Region of Durham Planning Department and other agencies as per the requirements of the Planning Act. 1. BACKGROUND 1.1 On December 12, 1988, the General Purpose and Administration Committee endorsed a recommendation that Staff be directed to advertise in local newspapers to advise the general public of the date and time of a Public Meeting to consider the proposed amendments to the Comprehensive Zoning By -law. ...2 REPORT NO.: PD-113-89 PAGE 2 1.2 As Coirmittee may recall, the proposed amendments submitted for consideration were the result of numerous complaints as received by Town Staff and elected officials with respect to illegal rooming house and apartment; doubling-up in dwelling units, etc. in single family residential zones. 1.3 Additionally, consideration was warranted to clarify the definition of "semi-detached dwelling" especially in established large lot residential areas. 2. SUMMARY OF PROPOSED AMENDMENTS. 2.1 The proposed amendments as prepared would have the following effect: a) Amend the definition of "Family" by revising the reference of the number of persons who need not be related by blood, marriage or legal adoption form "ten (10)" to "three (3)". b) Clarify the definition of "Dwelling" thereby noting only one kitchen facility is permitted in a "dwelling". c) Clarify the definition of "Dwelling - Semi-detached" to mean two separate dwellings located side by side, which may be connected by a common wall above ground or connected underground by footing and foundation, with each dwelling to be located on a separate lot. Notwithstanding the above, the proposed definition will prohibit the erection of a second dwellfing unit to be added on to an existing single family dwelling within the Urban Residential Type One (Rl) zone. 3. PUBLIC MEETING AND SUBMISSIONS 3.1 A Public Meeting with respect to the proposed amendment was held on March 20, 1989 at which time Report PD-76-89 was presented to Committee. A citizen appeared before the Committee requesting that the Town's by-law amendment not make reference as to who may be included in the definition of family. It was further suggested that there are ...3 • • • a • • '' 3 conditions people can live, without additionally imposing a rule on personal relationship within a family. 4. STAFF COMMENTS 4.1 With respect to the proposed amendment to the definition of "Family" as contained in Paragraph 2.1, Staff noted within Report PD -76 -89 that the Ontario Legislature had approved in principle, an amended bill which would delete the power of municipalities to make by -laws restricting the number of unrelated persons who live in the same house or apartment. In fact, Bill 128 ( An Act to amend the Planning Act) has recently received Royal Assent and the new section 34(a) of the Planning Act states "A provision in a by -law that distinguishes between persons who are related and persons that are unrelated in reppect of the occupancy of a building or structure ceases to have effect on the day this section comes into force." In view of recent legislation change, it appears that our current definition of family in By -law 84 -63 could be considered null and void. Staff will be consulting with our legal Counsel to arrive at a new definition of family and report back in due course. 4.2 With respect to the other proposed amendments, the clarification of one kitchen per dwelling will now make it clear that an apartment within a single family dwelling is prohibited. Changes to the definition of semi - detached dwelling will now only permit genuine semi - detached or linked dwellings in the 1IR -1" zone and will effectively eliminate previous loopholes in the by -law whereby a property owner can actually squeeze in a small lot within an established single family residential area in the R -1 zone. 4.3 The Amending By -law implementing the above changes is attached. ...4 REPORT 00.: PD-113-89 _________________________ Respectfully submitted, Franklin WUv M.C.I.P. Director of Planning 6 Development IJ}T*FW*'ip *Attach. April 13, 1989 CC: Mr. Jean-Michel Domarnicki 89 Little Avenue B0KM&0VILLE, Ontario LlC lJ9 PAGE 4 Recommended for presentation to the Committee Lawrence EPKotseff Chief Addi�jstrative Officer DN: Notice PLANNING ACT, 1983 The Corporation of the Town of Newcastle TAKE NOTICE that the Council of the Corporation of the Town of Newcastle passed By -law No. -. on the day of , 1989, under Section 34 of the Planning Act, 1983. AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the by -law by filing with the Clerk of the Corporation of the Town of Newcastle not later than the day of , 1989, a notice of appeal setting out the objection to the by -law and the reasons -in support of the objection. An explanation of the purpose and effect of the by -law is provided for as follows: DATED at the Town of Newcastle this day of , 1989. P. Barrie, Clerk Corporation of the Town of Newcastle 40 Temperance Street BOWMANVILLE, Ontario L1C 3A6 EXPLANATION AS TO PURPOSE AND EFFECT OF INTERIM CONTROL BY -LAW NO. 89- By -law amends By -law 84 -63 to: 1. clarify the definition of "dwelling" which now permits only one kitchen per dwelling unit. 2. clarify the definition of "dwelling - semi - detached" to permit dwelling units linked underground and to prohibit semi- detached dwelling units in an established single family residential area within the "Urban Residential Type One (Rl)" zone. 3. Amend sideyard requirements for semi - detached dwellings where the distance between a pair of linked dwellings shall be 1.2 and 1.5 metres. Further information may be obtained by telephoning the Manager of Development Review Branch, Mr. Larry Taylor, at 623 -3379 (Ext. 211). 522 DN: B /LAWS THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW NUMBER 89-__2,e being a By -law to amend By -law 84 -63, the Comprehensive zoning By -law of the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By -law 84 -63, as amended, of the Corporation of the Town of Newcastle. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Section 2 Definition of By -law 84 -63, as amended, is hereby further amended by changing the following definitions to read as follows: "Dwelling - Semi - Detached Shall mean a building separated vertically into two separate dwelling units, connected by a common wall above ground, or connected underground by footing and foundation, each of which has an independent entrance directly from the outside of the building and each of which will be located on a separate lot. For the purpose of interpretation, this definition shall not be applicable to a dwelling unit to be erected next to or add onto an existing single family dwelling within the R1 zone." "Dwelling Shall mean two (2) or more habitable rooms, designed or intended for use by one family, in which sanitary facilities and one kitchen are provided for the exclusive use of the family, in which a heating system is provided and which has a private entrance from outside the building or from a common hallway or stairway inside the building. For the purposes of this By -law, a dwelling does not include a tent, trailer, mobile home, or a room or group of rooms in a boarding or rooming house, a hotel, motel, motor hotel or camping establishment. For the purpose of this definition, dwelling shall also mean dwelling unit." 2. Section 12.1(a) (ii) of By -law 84 -63, as amended, is hereby further amended as follows: "semi- detached - dwelling, as per the definition of Section 2 ". 3. Section 12.2 of By -law 84 -63, as amended, is hereby further amended by deleting Section 12.2.1, i) and adding the following new Section 12.2.1. i): "i. Special Yard Regulations i) Notwithstanding the interior sideyard requirements above, where a semi - detached dwelling is only connected by the footing and foundation, the horizontal distance between the interior walls of the two (2) dwelling units above finished grade shall be between 1.20 metres and 1.5 metres." 523 -2- 4. This By -law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act. BY -LAW read a first time this day of 1989 BY -LAW read a second time this day of 1989 BY -LAW read a third time and finally passed this day of 1989. MAYOR CLERK