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HomeMy WebLinkAbout74-86REPORT NO. 74, REZONING APPLICATION FOR NIES ZONDERVAN The applicant wishes to have 4.87 acres rczoned from Agricultural to Rural Residential. This land is located adjacent to the Third Diversion immediately cast of the Clarke Darlington Boundary Road. The draft official plan for Clarke Township designates the area as rural but it provides that where several dwellings are grouped, infilling within the zone may be permitted on lots not less than 2 acres in area. This land is zoned Agriculture in the present zoning bylaw, which requires 40 acres as the minimum lot size unless the lot is a lot pre-dating the by-law or a lot created by an expropriation. This is neither, since it was created after the bylaw and the Third Line Diversion was put through on land purchased without expropriation. There is a house presently under construction on the southeast corner of the lot in contravention of the bylaw. This house has a building permit. The remainder of the lot was cropped for hay this season. The land which is the subject of this application has also been the subject of a previous severance application to the Land Division Committee. Mr. Layng's comments on that severance application are attached hereto. This severance was granted subject to the follow- ing conditions: 1) That the applicant enter into a site plan agreement with the Town of Newcastle in respect to all buildings on the severed lot and the remaining lot. 2 2) That the applicant apply for and have granted an amendment application to the Town of Newcastle to rezone both parcels to Rural Residential. 3) That this approval shall lapse at the expiration of 1 year from the last date of appeal of this decision unless all conditions are fulfilled and the formal consent has been released. There are two points herein in which I must disagree with Mr. Layng's comments. Firstly, I do not behove that there are sufficient houses in the immediate area to consider this as an inf illing situation. Infilling is normally considered by the province to be a gap of less than 300 feet between existin, dwellings in a generally built up area. Secondly, I do not consider that there is an obligation to accept a second house on this land. The applicant has already received adequate compensation for the severance of his land by the road diversion, through the creation of one building lot. Presumably also the owner received cash compensation for this severance at the time of construction. No great harm would come from the granting of this specific rezoning, bizt I believe it would constitute special treatment which others under the same bylaw have been denied. The present parcel is an odd shaped lot, but that has never been consider- ed grounds for severance or rezoning. If it were we could receive a flood of applications. The only grounds for granting this applica- tion would be that, since proceedings have been allowed to go so far in this matter, it would be unfair to refuse the application now. In conclusion I would recommend that: 1) If Council considers itself obligated by previous comments, the application should be granted as this is a borderline case within the wording of the Official Plan. 3 2) In any new by-law the reference to expropriation should be replaced by a reference to public acquisition of lend whether by expropriation or not. (The present by-law encourages owners to force the Town into an expropriation proceeding). 3) The applicant should be advised that a variance will still be required for the lot which is Under 2 acres. 4) No action be taken with regard to the present building under construction since a parmit has been issued. Respectfully submitted9 'George F. Howden9 Planning Director. t If ) ) 159 19741 +'r�� If I,a)y ;�,la�t�r��I �`'r; oh�' I�t�� ,yjl����r,�i3f�C�T� r:px,lir�i'��a�F� �rl ' .went lr,,Pliou,i,lons "Iil� P I I'�1�1' � 63474 P1 'j,,n','ut �'li,� a,; Ors" P 11 Wiabren Wma 1wlInIfeldidn 31 Lot 35, 'Glarl Ei�Own of MCri:3 10 861". e fpmilj :welling baa;Lldi'ag lot i' ,F'll' �G'C among exIating tIC)i�.i�l lots. i pit �,I' 1 I I r " if ' fl ' }t AIR, t) t''ll; �;'. %'\, <i,�� � t b �' d 1i�> Q�1di3C a to e lop Pf' }.�y'.��,law P� 6k t`1 P 1' 'i'f�P;,ti ) ij Fes, }s nY O �.wi uro `A) Zone. 7 �'12;� is �1<)�; C� VOL ig�i,� ,i��''I'�,it 1111111 d Cilia 1� 4�k,° ,r Mile �Ouri r, n f 4 q 1 s has � f ��l 1 ®6 acre pen't 4 �,41JAnbi Ciarke lto align with" the Ad Lina This romnant has bo6n ���>t��;,���'�� qj obligation to accept' tier: applic atiqu +1��.'�"d��eod fare houses to the Post find s6uth -up, P{�; II '� r , I i Aojtj3andq be prnnted provided the, (Ain or, 0 W110 jult nP Oho'Toyn of Newcastle for the sitri.ne oJ' �any,,��r�E� ,'�' I9=s'a�;r3'''o��'7sja��A n�bj���i� land�a an�l too r°emn ping .lands; nnc1 i c�tka'' 1 the � I t)} . p,,,',r s = .9 10, 9 10 t c I'll F'3,� 1 '� a � t � � i l ' � ,r� ,ra�,, � ���.� ,r, �rei,ti�,r�g� .rand be rezoTlt,�� t <., „aral. 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