HomeMy WebLinkAboutPD-188-91 REPORT #A
THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: LD189-91.COU
REPORT
Meeting: COUNCIL File# � '
Date; Monday, July 29, 1991 Res. #
Report#; PD-188-91 File #:
LD 18 9/91 By-Law #
Subject; LAND SEVERANCE APPLICATION - P. STRATHY
PART LOT 27, BROKEN FRONT CONCESSION, FORMER TOWNSHIP OF
DARLINGTON
FILE: LD 189/91
Recommendations:
It is respectfully recommended that Council undertake the
following:
1. THAT Report PD-188-91 be received;
2 . THAT consent application LD 189/91 be APPEALED to the
Ontario Municipal Board as it does not conform to the Town
Zoning By-law and Staff be authorized to attend the Hearing;
3 . THAT the appeal be withdrawn should the applicant demolish
the existing residential dwelling in compliance with the
Town's Zoning By-law; and
3 . THAT the interested parties listed in this report and any
delegation be advised of Council 's decision.
1. APPLICATION DETAILS
1. 1 Applicant: P. Strathy
1 . 2 Consent Application: to create a lot housing an existing
dwelling (0 .47 ha) while retaining
a lot with a wood-working shop and
utility shed (0 . 49 ha) .
1 . 3 Land Area: total land area 0 . 962 ha
. . .2
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REPORT NO. : PD-188-90 PAGE 2
2 . LOCATION
2 . 1 The subject property is located in Part Lot 27, Broken Front
Concession, former Township of Darlington. The lands are
within an industrial subdivision and are bounded by Baseline
Road to the north, Progress Drive to the west, Courtice
Court to the south.
3. BACKGROUND
3 . 1 The subject Land Severance application was received by the
Town of Newcastle Planning and Development Department in
early June for a meeting to be held on July 8, 1991. The
application proposes to sever a 0 .473 ha ( 1 . 16 acres)
containing an existing legal non-conforming residential
dwelling, while retaining a 0 .489 ha ( 1. 2 acre) parcel of
land housing an existing wood-working shop and accessory
shed.
3 .2 Staff reviewed the application and forwarded comments for
the consideration of the Land Division Committee on June 28,
1991. The comments advised that the subject property was
designated "Industrial" in the Durham Regional Official Plan
and zoned "General Industrial (M2) " in the 'Town's
Comprehensive Zoning By-law 84-63, as amended. The severed
lot would not comply to either document should the existing
dwelling be retained. Staff advised the Committee that the
application should not be approved.
3 .4 At the meeting of July 8, 1991, the Land Division Committee
in their deliberation APPROVED the land severance
application. Ms . Clarke, the applicant's agent advised the
Committee that Mr. Strathy (the applicant) "is willing to
give up the existing legal non-conforming residential use
and to comply with the industrial zoning of the subject
property" . . . 3
REPORT NO. : PD-188-90 PAGE 3
3 .5 On July 23, 1991, in an attempt to clarify how the applicant
was willing to comply with the industrial zoning of the
subject property, Staff contacted Mr. Philip Strathy. Mr.
Strathy advised that he did not wish to remove the dwelling
from the lands in the immediate future and hoped to sell the
severed lot with the dwelling. He was willing to board the
house up and not have it occupied residentially, but did not
wish to demolish or relocate it.
3 . 3 The residential dwelling on the proposed severed lot would
not comply with either the industrial designation or zoning.
The Town's comprehensive Zoning By-law recognizes the
existing residential use located on the existing lot as a
legal non-conforming use. However, once the new lot subject
of the Land Division Application is created, the "legal non-
conforming status " previously afforded the residential
structure would cease to exist and the proposed lots must
comply to all aspects of the official plan and the zoning
by-law in place.
4 RECO100NDATION
9 . 1 Application LD 189/91 is not in conformity with the
provisions of the Durham Regional Official Plan or the Town
of Newcastle Comprehensive Zoning By-law 84-63, as such,
Staff recommend that the application be appealed to the
Ontario Municipal Board. The last day of appeal is August
7 , 1991.
. . . 4
REPORT NO. : PD-188-90 PAGE 4
Respectfully submitted, Recommended for presentation
to the Council,
Lawrence E. Kotseff
Director of Planning Chief A istrative
and Development Officer
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*Attach
24 July 1991
Interested parties to be notified of Council and Committee's
decision:
Secretary-Treasurer
Land Division Committee
Region of Durham
1615 Dundas Street East
4th Floor Lang Tower
P.O. Box 623
WHITBY, Ontario L1N 6A3
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LD 189/91