HomeMy WebLinkAboutPD-5-89 DN: 2.
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J) "° " ,p . TOWN OF NEWCASTLE
File #
REPORT
Res_ # .=
—- By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday January 9, 1989
REPORT #: PD-5-89 FILE #:
SUB,ECT: SUMMARY REPORT OF ONTARIO MUNICIPAL BOARD HEARING
APPEAL BY TOWN OF NEWCASTLE FROM THE DECISION OF LAND DIVISION COMMITTEE
LD 119/88 (MELVILLE)
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-5-89 be received for information.
1. BACKGROUND
1.1 In March 1988, the Durham Region Land Division Committee approved the
Mellville's consent application to divide a 5014 square metre parcel into
two equal halves, each contains an existing dwelling on the south side of
Highway # 2, opposite the Bowmanville Zoo, adjacent to Soper Creek.
1.2 The Town Council subsequently appealed the decision and an Ontario Municipal
Board Hearing was held on December 9, 1988.
2. . .
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REPORT 00. : PD-5-89 P&QD 2
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2. TOWN'S EVIDENCE
2.1 Under the direction of the Town Solicitor, the Director of Planning gave
evidence before the Board stating that the proposed severance does not
conform to the intent and policies of the Durham Regional Official Plan, the
Town of Newcastle Official Plan and the intent and general purpose of the
Zoning By-law. Notwithstanding the existing dwelling are legal
non-conforming uses, the Official Plans and By-law do not allow land
severance to perpetuate and/or legalize legal non-conforming uses.
2.2 Under aobDeoua a planner from the Central Lake Ontario Conservation
Authority gave evidence to the effect that the subject property is totally
situated in the middle of the flood plain of Soper Creek and stated that
severance would perpetuate the existence of dwelling units within a flood
auaceptable area. It is the intent that these undesirable uno-onufncmiug
uses cease to exist over time.
3. APPLICANT'S EVIDENCE
3.1 Mr. & Mrs. MeIlville' owner of the two dwellings for about two years,
proposed to sever the lot into two halves in order to enable them to sell
both of the proposed lots. They do not reside in the existing dwellings
which are presently rented out. Mc. MelIvilIe further gave evidence that
be has no prior knowledge that the property is in the floodDIaio when be
acquired it two years ago and suggested to the Board that the severance
does not alter the fact that there will always be two (2) dwellings on this
property.
4. DECISION OF THE BOARD
4.1 In a verbal decision, the Board accepted the Town's planning evidence and
allowed the appeal by the Town of Newcastle.
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REPORT 0O. : PD-5-89 PAGE 3
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Respectfully submitted, Recommended for presentation
to the Committee
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Franklin Wu' M.C.I.P. Lawrence E K toeff
Director of Planning 6 Development Chief Admioi cative officer
Dw* 'ip
*Attach.
December 13, 1988