The URL can be used to link to this page

Home My WebLink AboutPD-1-89 DN: 1 5(a) TOWN OF NEWCASTLE J REPORT File # Res. # 'r _ - 1- By-Law # MEETING: General Purpose and Administration Committee DATE: MONDAY JANUARY 9, 1989 REPORT #: PD-1-89 FILE #: DEV 88-1001 SUBJECT: REZONING APPLICATION - MEL AND ROSE MARY HARTWIG PART LOT 28, CONCESSION 5, FORMER TOWNSHIP OF CLARKE OUR FILE: DEV 88-10101 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-1-89 be received; and 2. THAT the rezoning application submitted by Mel and Rose Mary Hartwig, to permit the parking of five (5) pieces of excavating equipment, and office facilities, be DENIED; and 3. THAT the applicants, Mr. and Mrs. L. Guy, Mr. and Mrs. L. Sherwin, and Mr. F. Quantrill be so advised. 1. BACKGROUND 1.1 On September 14th. , 1988, the Planning and Development Department received an application submitted by Mel and Rose Mary Hartwig, to amend By-law 84-63. The subject application would seek to permit the parking of excavating equipment being two (2) dump trucks, one single axle truck, a tractor and float. In addition, the applicants wish to include office facilities within the home. 2. . . 4�^ > REPORT ND. : PD-I-89 B&QD 2 _______________________________________________________________________________ 1.2 Staff vw»oId note that the subject property is currently zoned "Urban Residential Exception (Bl-13) " zone and "Environmental Protection (EP) '' zone by By-low 84-63. The primary use of lands zoned (Bl-I3) are for residential purposes and aoneaomcy ooea thereto are also permitted. The lands zoned " (EP) " prohibits residential uses. 1.3 Staff would note for the Committee's information that the applicant had submitted a similar proposal in October, 1987 in conjunction with two (2) abutting uaiobboozov who also parked commercial vehicles. The applications were submitted as a result of contravention of Section 3.14(f) of the General Provisions of By-law 84-63. Section 3.14(f) states that the parking or storage of Commercial motor VebicIes, as defined under the Highway Traffic Ant, as amended, is permitted provided that the gross vehicle weight, at capacity does not exceed four (4) tonnes. Staff could not support the applications as filed and subsequently was denied by [bouoiI January 1988. 2. LOCATION The subject property is located on the east side of Mill Street (Regional Road 17) and south of Taunton Road (Regional Road 4) , being within the limits of the Hamlet of Orono, part lot 28, Concession 5, former TovmzobiB of Clarke. 3. SURROUNDING LAND USES 3.1 The lands to the north, east and south are predominantly residential ooeo on Iota approximately one (I) acre in size. The lands directly to the west are vacant, bcxmenez designated and zoned for residential use. 5(0-> REPORT 0O. : PD-I-89 PAGE 3 _______________________________________________________________________________ 4. PUBLIC NOTICE 4.1 Staff would note for the Committee's information that, pursuant to Council's resolution of July 26, 1983 and the requirements of the Planning Act, the appropriate aiguage acknowledging the a[pIiatinn was installed on the subject laude. In addition, Staff would note that the public notices were also mailed out to those residents within the prescribed distance. However, it has been brought to Staff's attention that there is an error in the notice. The existing zoning category is incorrect, noting that the notice indicates the property is oozreutll' (BI-2) , however it is zoned (RI-I3) . The difference between these zones is the difference in lot size. The provisions of the Residential oategozl, are still the same for each zone. 4.2 As a result of the notice of Public Meeting, Staff and members of Committee have received two letters of objection from five area residents. Briefly, they object the heavy trucks and hauling equipments in the area where they reside, in addition to the noise, property devaluation and risk that is posed to the ooaII children of young families. 5 CIRCULATION 5.1 In oococdmuoa with departmental Dronm]uree, the application was circulated to obtain comments from other departments and agencies, Staff would note the following departments/agencies, in providing comments offered no objections to the application as filed. Town of Newcastle Fire Department Ministry of Natural Resources Regional Health Department ministry of Agriculture and Food �-1^ ) ` REPORT 00. : PD-I-88 PAGE 4 _______________________________________________________________________________ 5.2 The Town of Newcastle Public Works Department offered no objection to the proposal, however requested the applicant enter into o Site Plan Agreement with the Tmmz and all the standard requirements be included. 5.3 Staff would note for the Committee's information that comments are still outstanding from the following departments/agencies. Regional Planning Department Regional Works Department Gauacaaku Conservation Authority 6 C0M80T3 6.1 Staff have reviewed the proposal with respect to the policies and provisions in the Dozbom Regional Official Plan, Town of Newcastle Official Plan, and the provisions of the Town's Zoning By-law' and have noted that within each of these d000ueuta" residential oaea abolI be the principle use on subject lands. The documents also make provisions for accessory ooee to the primary residential use. The Durham Regional official Plan specifies that accessory oaeo may be permitted provided it is accessory to the existing residential use. The Town of Newcastle Zoning By-law defines an accessory use, as a use established during or after the establishment of the main use which is customarily incidental and subordinate exclusively devoted to the min use of the lot. Given this, Staff believes that the parking of five pieces of excavating equipment is contrary to the provisions and definition of the Durham Regional Official DIao and Zoning By-law. 6.2 The appIianto have noted on the application that the use has been considered a bone occupation. Staff would note Section 3.10 permits a bnoe occupation provided the booms occupation is olearIl, secondary to the main residential use and shall not change the character of the dveIItug unit or create or become a public nuisance due to traffic, noise and hours of operation. In addition, there shall be no outdoor storage of goods or materials associated with the home occupational use. Furthermore, the Town of Newcastle Official �u ) REPORT 00.: DD-I-89 PAGE 5 _______________________________________________________________________________ Plan notes that a home occupation which do not create a nuisance through noise, smell, unoiobtIl/ storage or traffic, may be permitted. Staff is of the opinion that this application cannot be considered as a home occupation. 6.3 The current application is similar to the one previous submitted and denied by Council. Staff feel that applications such as this can be construed as abuse of process and we will be recommending to Council not to entertain such future applications. 7^ RECOMMENDATION 7.1 In consideration of the above-ooted, Staff is of the opinion that these official Plan policies are important in maintaining the integrity of a residential ueinblmozbomd. The intrusion of this type of a use can 'eoprudize the qualities enjoyed by residential uses. Given this, Staff cannot support the rezoning appliontiou. Bespecttull]! submitted, Recommended for presentation to the Committee ---=---------------------- --�r - -- ------------- ��a��IioV�x� ��.(�.I.�^ �awzenoe �. eff Director of Dlouuiog 6 Development Chief Admio'l ative Officer CBV*FW*co *Attach. December 23, 1988 CC: Mr. and Mrs. M. Hartwig, R.R. # 2 08O0O, Ontario LOB 1M0 Mr. 6 Mrs. Len Guy 5809 Maio Street North 0B000v Ontario LOB lMD Mr. F. 8oautzill 5995 Maio Street North B.B. # 2, 0R000, Ontario LOB IM0 Mr. & Mrs. L. Sherwin 5989 Maio Street North OR00O, Ontario L08 lMD ai z m C_ o r M n z O W N MAIN ST._ REGIONAL ROAD 17_ _N _ C Ct_2 22 N N i j ■ w N r O CO n N 1 $ ry W N co 0 -HIGHWAY 35-11 O ` .y'.. C3-4 i�Til�7fibTil ilAtlTMiibTA�TY�AibSA�2�A'iNTNH�_��MN� �NN.�NN�N��1`II�t`I��il�i�_H I�I�NU1�11H HT11 u u� uuuuu�uuuwwuu� n CONCESSION 5