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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 THAT the appeal be withdrawn should the applicant demolish the existing residential dwelling in compliance with the Town's Zoning By-law; and 3 .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 PAPLR Ew E nI ­NT I.O a Yc U.VA- 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 CP*FW*cc *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 LOT 28 LOT 27 z 0 U) ,oq�i�ic V z 0 BASELINE ROAD 0 U) w z 0 r ul COURT Lv COURTICE U �- 0 � U Y z v 0 LL HIGHWAY N2 401 z W Y 0 cr- co ® LANDS TO BE SEVERED ® LANDS TO BE RETAINED LD 189/91