Loading...
HomeMy WebLinkAboutPD-92-90 REPORT #2 TOWN OF NEWCASTLE N� $ ENKO.COU u ,,t REPORT File #(0 • 3,6- Res. # �+�: �• By-Law # MEETING: Council DATE: Monday, March 12, 1990 REPORT #: PD- 92 -90 FILE #: DEV 88-39 WBJECT: APPEAL TO ONTARIO MUNICIPAL BOARD BY-LAW 89-68 DR. BALENKO AND DR. VAN HOOF PART LOT 11, CONCESSION 1, FORMER TOWN OF BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended: 1. THAT Report PD- 92 -90 be received; 2 . THAT the Ontario Municpal Board be advised that the Town has no objection to the increase in lot coverage as it relates to By-law 89-68 permitting the Medical Clinic at the corner of Liberty Street and Victoria Street. 3 . THAT those interested parties on the list attached hereto be advised 1. BACKGROUND 1. 1 On October 31, 1988 Committee had endorsed Staff's recommendation to approve an application to amend the Town of Newcastle Zoning By-law, submitted by Dr. Balenko and Dr. Van Hoof. The rezoning would permit the development of a 2 1/2 storey, 730 sq. metre Medical and Professional Clinic. The Clinic would also permit a laboratory and dispensing pharmacy, together not exceeding 80 sq. m. (821 sq. ft. ) in size. 1.2 The subject property is located on the east side of Liberty Street (Regional Road 14) north of Victoria Street, also known as 58 and 60 Liberty Street in the former Town of Bowmanville. REPORT NO. : PD- 92 -90 PAGE 2 1. 3 On April 24, 1989 the Zoning By-law was passed by Council upon the execution of the Site Plan Agreement. 2. THE APPEALS 2 . 1 Subsequently, on May 25, 1989 and May 30, 1989, the Clerk's Department received two (2) appeals from the Region of Durham and from three (3) area residents . 2 .2 The Region's appeal was based on requirements from the Regional Works Department requesting for a 3 . 05 metre road widening on Liberty Street, although the widening was not granted at the time the by-law was passed by Council, it was addressed in the Site Plan Agreement under Section 22 . 2 . 3 In February of 1990, Regional Works and Planning forwarded a letter, indicating that both departments are satisfied that the widening will be dedicating through the Site Plan Agreement and therefore the appeal has been withdrawn. 2 .4 The appeal from area residents is based on the incompatability of the proposed development with surrounding uses, traffic congestion generated from the proposal and the potential for off site parking. 2 .5 The date for the Ontario Municipal Board Hearing is scheduled for March 27, 1990. 3. PROPOSED CHANGE 3 . 1 Subsequent to the by-law being passed by Council, the architects had approached Staff, requesting that the maximum lot coverage requirement in By-law 89-68 be increased from 260 sq. metres to 281 sq. metres The architects indicated that the drawings submitted for rezoning/site plan purposes REPORT NO. : PD- 92 -90 PAGE 3 were preliminary building drawings indicating the physical size and the character of the building. However, upon finalizing the foot print of the building, it became apparent that the layout of the suites could not be physically achieved. In order to accommodate the interior layout, the exterior had to be altered. Specifically, the semi-circular window on the south side of the building has been changed, increasing the lot coverage from 260 sq. metres to 281 sq. metres . 3.2 Staff have reviewed the revised site plan and have noted that the changes in the coverage is minor and therefore offer no objection to the increase. Under normal circumstances, an amending by-law will be necessary. However, since the by-law is now before the Ontario Municipal Board which has the power to approve the by-law with amendment, an amending by-law would not be necessary. However, it is prudent to have a recommendation by Council on this matter prior to the hearing so that the Board has the benefit of the position of Council respecting the proposed change. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrenc ' . Kotseff DIrector of Planning Chief // nistrative and Development Office �l CV*FW*df *Attach 6 March 1990 REPORT NO. : PD- 92 -90 PAGE 4 Interested parties to be notified of Council and Committee's decision: Mr. R.M. Strike 38 King Street West P.O. Box 7 Bowmanville, Ontario. L1C 3K8 Mr. Jonathon H. Wigley Gardiner, Roberts Barristers and Solicitors Suite 3100, Scotia Plaza 40 King Street West P.O. Box 105 Toronto, Ontario. M5H 3Y2 Mrs . Anita Nickerson 10 Albert Street Bowmanville, Ontario. L1C 1G9 Mrs . Nancy Milner 5 Victoria Street Bowmanville, Ontario. L1C IE7 Mrs . Marion Wiseman 71 Brown Street South Bowmanville, Ontario. L1C 2R8 Dr. Balenko and Dr. Van Hoof 52 Concession Street West Bowmanville, Ontario. L1C 1Y5