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.
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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.
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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.
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159 19741
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