HomeMy WebLinkAboutPD-246-91 THE CORPORATION OF THE TOWN OF NEWCASTLE
REPORT
Meeting: General Purpose and Administration Committee File# LOA
Date: Monday, October 7, 1991 Res. #
By-Law#
Report#:PD-245 -91 — File #:
Subject: REQUEST FOR EXTENSION TO LIVE IN TEMPORARY LIVING QUARTERS
BREEN - Lloyd and Christine
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1 . THAT Report PD-245 -91 be received; and
2 . THAT the request for an extension by Lloyd and Christine BREEN to
live in a temporary living quarter for three (3) months be approved
and the applicants be advised of Council 's decision.
1. BACKGROUND:
1 . 1 Pursuant to the provisions of Zoning By-law 84-63, Section 3 .22 (b) ,
Lloyd and Christine BREEN were allowed, on February 25, 1991, to
inhabit an existing dwelling for a maximum of six (6) months while
a new dwelling was under construction on the same lot.
1 .2 The six ( 6) month period will expire on October 29, 1991. Lloyd
and Christine BREEN advised that the new dwelling will not be
completed on time and therefore have requested an extension (letter
attached) . It is noted that Section 3 .22 (b) of By-law 84-63 states
that any extension to live in temporary living quarters must be
approved by Council.
2. COMMENT:
2 . 1 At this time, the dwelling is substantially complete and is at the
insulating and drywalling stage.
REPORT #3
THE CORPORATION OF THE TOWN OF NEWCASTLE
DN: WOOD.COU REPORT
Meeting: council File # fD 14 . DF_V._S13- IC9
Date: Tuesday, October 15, 1991 Res. #
By-Law#
Report #:_PD-2-46_9 f ile
Subject: ZONING BY-LAW ENFORCEMENT
STEWART WOOD TRANSPORT LTD.
BEST ROAD
Recommendations:
The following is respectfully recommended to council:
1. THAT Report PD-246-91 be received for information.
1. BACKGROUND:
1. 1 At its meeting held on September 30, 1991, Council passed the
following resolution with respect to Stewart Wood Transport
Ltd. trucking operation on Best Road:
"THAT Council directs Town Staff not to enforce the
provisions of the Zoning By-law against the Woods until
Council has received and had the opportunity of
considering a report from Town staff regarding the effect
and implications of the decision of the Ontario Municipal
Board to repeal By-law 90-115 and has determined what
course of action should be followed;
THAT the Director of Planning and Development, Director
of Public Works and the Town's Solicitor be instructed
to prepare the report referred to in 1) and to submit it
to Council by October 15, 1991. 11
2. COMMENTS:
2 . 1 With regard to the effect and implications of the decision of
the Ontario Municipal Board to repeal By-law 90-115, Staff
wish to advise that the decision of the Board is final and
binding and is not subject to further appeal except to the
Court with leave of the Court on a question of law where the
application for leave is made within one month of the order
REPORT NO. : PD-246-91 PAGE 2
or decision of the Board sought to be appealed from. The
Board's decision in the Wood's case was made on September 12 ,
1991.
2 . 2 By-law 90-115 is now quashed and the current zoning of the
subject property is "Agricultural Exception (A-1) " which does
not permit a transport depot or trucking operation. The said
operation commenced in 1973 . At that time, the Clarke
Township Zoning By-law 1952 zoned the property "Agricultural
(A) " which also did not permit the said use. Thus, we have
an illegal use which was further confirmed in the written
decision of the Ontario Municipal Board.
2 . 3 As I read the decision of the Ontario Municipal Board,
however, the Board did not decide that rezoning the Wood Land
to permit the existing trucking operation to continue was
contrary to proper planning principles and could not be
permitted. Rather, the Board's decision was based on the
Board members interpretation of Section 16. 6. 5 of the Region's
Official Plan. The Board adopted the exceptional procedure
of subpoenaing Mr. A. S. Cannella to testify as a witness.
His evidence (which the Board preferred) was that Best Road
was a typical country road with limited shoulders. Mr.
Cannella testified that, Best Road displays "structural
deficiencies" for use by trucks and that "one would not
normally seek to locate a trucking operation on a country
road" .
2 . 4 The Board concluded from Mr. Cannella's evidence that "the
locating of a truck operation is not desirable on Best Road"
As a result, the Board concluded that neither Section
16. 6. 5 (a) or (b) of the Region's Official Plan were satisfied.
For this reason, the Board repealed By-law 90-115.
REPORT NO. : PD-246-91 PAGE 4
2 . 9 The Ontario Municipal Board decision does not compel the Town
to enforce the Zoning By-law. The Planning Act and the
Municipal Act generally confer the Town the power to enact
various types of by-laws. However, enforcement is permissive
rather than mandatory.
2 . 10 It should be noted that the general intent of any by-law
passed by the Town is for the protection of its citizens and
that by-laws should be enforced. The non-enforcement of any
by-law could be seen as a precedent.
2 . 11 This report was prepared in consultation with the Director of
Public Works and the Town's Solicitor.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I.P. Lawrence IFI. Kotseff
Director of Planning Chief Ad n' strative
and Development Officer
FW*j ip
7 October 1991
i
PLANNING REPORTS FOR OCTOBER 15, 1991 GPA MEETING
DEVELOPMENT REVIEW BRANCH - STAFF REPORTS
PD-246-91 ZONING BY-LAW ENFORCEMENT
STEWART WOOD TRANSPORT LTD.
BEST ROAD
PD-247-91 REZONING & SITE PLAN - FILE: DEV 91-021
APPLICANT: KEN SLATER ON BEHALF OF KINROW INVEST.
386 MILL STREET, NEWCASTLE VILLAGE
PART LOT 28, CONCESSION 1, VILLAGE OF NEWCASTLE