HomeMy WebLinkAboutPD-288-89TOWN OF NEWCASTLE
(STING: General Purpose and Administration Committee
DATE: Monday, November 6, 1989
F le # `° a? . C/
Res. #
By -Law #
REPORT #: PD- 288 -89 FILE #:
SUBJECT: EXTENSION OF LETTER OF UNDERTAKING RE: USE OF TEMPORARY
LIVING QUARTERS - COSTANZO - UGO - TERESA
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 288 -89 be received;
2. THAT the request for an extension of the letter of undertaking, be
approved.
1. BACKGROUND:
1.1 Under the provisions of Zoning By -law 84 -63, Section 3.22(b)
"Special Use Permitted" Ugo and Teresa COSTANZO signed a letter of
undertaking on June 1, 1989 to inhabit an existing dwelling for a
maximum of 6 months while a new dwelling was under construction on
the same lot.
...2
599 42
REPORT PD- og$ -89 PAGE 2
1.2 The letter of undertaking expires on December 31, 1989 and Ugo and
Teresa Costanzo have submitted a written (copy attached to this
report) request for a three month extension because of financial
problems.
2.0 COMMENT:
2.1 At this time the building is substanially complete except for the
insulation and interior finish.
3.0 RECOMMENDATION:
3.1 In view of the stage of construction, there should be no difficulty
in completing the house within three (3) months, therefore Staff
Recommend the extension as requested.
Respectfully Submitted
Franklin Wu, M.C.I.P.
Director of Planning
and Development
FW *HGW *bb
Attach.
Recommended for presentation
to the Committee
i) A�� ` (CY'l
Lawrenc E. Kotseff, M.C.I.P.
Chief A inistrative Officer
DN: UNDER
LETTER OF UNDERTAKING
I/We V% ,So , o.r < go owners of
the following lands; Q�r� 30
intend to construct a new residence on the said lands for completion
by
It is understood that I/We may inhabit a•meome during the
construction period of the proposed new residence.
It is further understood and agreed that I/We will:
1. Conform with all Municipal By -laws in the construction of
the single family home.
2. Inhabit the -home on a temporary basis while the new
single family home is under construction for a period of six
months from the date construction begins.
3. Upon expiration of the six month period or the occupation of
the new residence, whichever occurs first, remove the re] -e
hem immediately.
4. At no time allow the new residence and the mebiZa ---14eme to be
occupied simultaneously.
5. One month before the expiry date request Council's approval
to exceed the six month period should it be necessary to
complete the construction of the new residence.
Dated at the —bu� N
this I day of ju/"
it ess
• r�
599 44
Mr. Frank Wu
Director Of Planning
Town Of Newcastle
40 Temperance St.
Bowmanville, Ont.
L1C 3A6
Dear Mr. Wu:
October 19, 1989
Ugo & Teresa Costanzo
520 Powell Road
Whitby, Ont.
L1N 6Y7
579 -5013
On June 28, 1989 we were issued a Building
Permit #1074(89) to construct a house on Part Of Lot 30
Concession 4 in The Township Of Newcastle (formerly The Town-
ship Of Darlington). Since there was an existing home on the
property we signed a Notice Of Undertaking stating that we
would demolish the existing home on the property six months
after the date of issue of the Building Permit.
At that time we were informed that if more than six months
were required to build the new home we could request an
extension to The Notice Of Undertaking.
We are now requesting an extension to the Notice Of Under-
taking for an additional three months. The reason for this
request is that we have been unable to sell the home we are
currently living in due to the stagnant re -sale housing market.
As a result and due to lack of finances we were forced to slow
down the construction of our new home.
We have been informed by the builder that our new home
will now be completed sometime in early March 1990. For this
reason a three month extension will allow us the added
flexibility we so desperately require (to have a temporary
home to live in until our new home is completed) should we be
fortunate enough to find a buyer requiring a short closing
date for the home we are currently living in.
Your consideration and understanding in granting us the
three month extension we are requesting would be deeply
appreciated.
We are anxiously awaiting your reply.
Yours Sincerely,
599 45
3.22 SPECIAL USES PERMITTED (Cont'd)
b. In addition, the use of temporary living quarters on a lot
for residential purposes may be permitted on a temporary
basis, for a period not to exceed six (6) months, while a
permitted dwelling is under construction, provided that
said temporary living quarters shall be removed from the
said lot immediately after the expiration of this six (6)
month period or with the occupation of the new dwelling,
whichever occurs first. Notwithstanding the time
limitation of this provision, subject to the approval of
Council, temporary living quarters may be used for a period
exceeding the six (6) months permitted herein.
Amended by c. (i) In addition to the uses permitted within any
B/L 86 -107 Agricultural "(A }% Agricultural Exception "(A -7)'
"(A -8) ", "(A -11) ", "(A -13) ", or "(A -21)" zone, a lot
may be used for any defined special event conditional
upon issuance of a licence by the Town of Newcastle
pursuant to By -law 78 -50, as amended, or any successor
thereto.
(ii) A special event authorized by Sub - paragraph (i)
hereof, shall be subject to the zone provisions of the
zone within which the lot is located.
(iii) Where the proposed use is considered a special event
and is a permitted use within any zone defined by this
by -law, such use shall be governed by the zone
provisions of such zone and not be this subsection.
(iv) Pursuant to the requirements of Section 38 of the
Planning Act, 1983, the provisions of this Subsection
shall have effect for a period of three (3) years
ending on July 28, 1989."
3.23 THROUGH LOTS
Where a lot, which is not a corner lot, has lot frontage on more
than one street, the front yard requirements contained herein
shall apply on each street in accordance with the provisions of
the Zone or Zones in which such lot is located.
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