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HomeMy WebLinkAboutPD-52-84 4 C C,RPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS, C.I 6,6'3-2231 HAMPTON,ONTARIO LOB 1J0 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF FEBRUARY 20, REPORT NO. : PD-52-84 SUB COMMITTEE OF ADJUSTMENT APPLICATION - A 86/83 JEAN MARGARET BROOKINGS 281 LIBERTY STREET NORTH APPEAL OF COMMITTEE OF ADJUSTMENT DECISION RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following : 1 . That Report PD-52-84 be received; and 2. That the appropriate Town staff and/or solicitor be authorized to represent the Municipality at such hearing of the Ontario Municipal Board on March 30, 1984. . . .2 Page 2 REPORT NO. : PO-52-84 BACKGROUND: An application was received by the Committee of Adjustment on November 3, 1983 to permit the expansion of an apparent legal non-conforming use by constructing a sixteen by twenty-six portable dock. rville , Barrister and Thomas Somme Staff confirmed with Mr. on November 8, 1983, Solicitor on behalf of Mrs. Brooking that the application as submitted to construct a portable deck, could not be considered by the Committee of Adjustment in its present form. Within the requirements of the Planning Act, the Committee of Adjustment does not have jurisdiction d all agdw with the creation or the permission to construct a building, as relating to a non-conforming use. Mr. Sommerville was advised that should his clients wish to continue with this application, an amendment would b required, thereby indicating that the proposed construction will be as an addition or an enlargement to the existing structure. Furthermore, confirmation in writing was requested to be submitted to the Secretary/Treasurer of the Committee of Adjustment no later than noon on 1983, preferably as early as possible, in order that the notices may be corrected prior to circulation. Mr. Sommerville acknowledged the requested change, noting that the Committee did not have jurisdiction tosthat ahletter application in its present form, and indicated would be prepared and delivered to Town office , Tuesday afternoon, November 8, 1983. . . .3 V(J) Page 3 REPORT NO. : PO-52-84 Mr. Sommerville was advised that the amendment as requested , did not reflect Staff's position on the application , rather it permitted the Committee of Adjustment to have legal jurisdiction to hear the application . Subsequently thereto , an amendment to the Committee of Adjustment application was received thereby acknowledging the request for an addition/enlargement to the existing premises. The following comments were prepared and submitted for the Comittee member's information. "CONFORMITY WITH INTENT OF OFFICIAL PLAN PROVISIONS: The subject lands are Bowmanville both the Durham Reg Urban Area Official Plan. business is not a io designation. Sectiondiscretion,ttheRCouncil off the aarea an states that at their expansion, municipality may zone to permit the continuation, or enlargement of existingu0nstheopresenthusesuof existing uses have no adverse effect surroundings lands, or the gewmanvillenU�ban the Areaprovisions has of the Plan. Similarly, policies whereby the provisions l i tof to assl an byhl aw not limit the authority of the municipality of permitting the extension or enlargement at bi lddings frthe structures which are being legally used passing of the Zoning By-law for a purpose which does not conform with the land the use designation nville this asaa. Section 4.2.2. within uses throughout the Bowmanville general rule, non-conforming Major Urban Area in time,tsshoauUdecease confo exist so that the land affected may revert intent of this Official Plan and In special e instances dough the Restricted Area Zoning By-law. however, it may be desirable to permit the extension or . . .4 Page 4 REPORT NO. : Po-52-84 enlargement of a legal non-conforming use in order to avoid unnecessary hardship providing the application is in conformity with the policies th1Staffsection has attached ensure to the general welfare of the community. f the provisions with respect to this report , a copy o non-conforming uses as contofnDdrhamhofficial Plan for Urban Area Plan and Rego Committee's information and consideration in respect to the application as submitted. CONFORMITY WITH INTENT OF ZONING BY-LAW PROVISIONS: The subject site is presently zoned under two zoning within By-law 1587. The front portion of the categories property abutting Liberty Street is within the R-General all the rear portion of the property is Residential Zone, royal of the variance as within the A-Rural Zone. The approval to expand the legal requested would permit the app non-conforming the construction of an addition to the existing structure. STAFF CCOMMENTS: Section 44 within the Planning Act states that the Committee of Adjustment upon the application of the Owner of any or structure affected by by-law that is past under building or a predecessor of such sections, or any Section ut or ze b the Owner, may despite any person authorized in writing Y other act, authorize such minor varianbuild�ngt or storucture, of the by-law in respect of the land , or the use thereof, as in its sepof1 the land, building di ng the or appropriate development , or opinion of the Committee, the structure provided that in the op ose of the by- law and the Official general intent and purp Plan are maintained. In addch an application o o rwheremany�oned above, the Committee upon such that the by-law was land, building or structure d the daur purpose prohibited by passed, and was lawfully used for a p p the by-law, may permit the enlargement or extension of the building or structure, provided that the use that was made or struccture on the day the by-law was of the building application to the passed, continued until the date of the app Committee. In consideration of the p provisions of Section a 44 within cthe ur that pursuant to the pr staff Planning Act , the Committee of aAdr Adjustment would have jurisdiction to consider would note that the Committee is to have regard that in the . ..5 REPORT NO. : PD-52-84 Page 5 opinion of the Committee, the General intent and purpose of the by-law and of the Official Plan are maintained. It is staff's opinion that the policies of the Official Plans provide a more appropriate procedure by which consideration can be given to the expansion of a legal non- conforming use which does not comply with the Official Plan policies. As noted above, Council , at their discretion , may zone to permit the continuation, expansion or enlargement of existing uses provided that such existing uses have no adverse affect on the present uses of the surrounding lands or on the implementation of the provisions of the Official Plans. RECOMMENDATIONS: Refusal , as the proposed extension to the non-conforming use, in staff's opinion, does not maintain the general intent and purpose of the By-law and the Official Plans." A motion was presented, that permission be granted to expand a legal non-conforming use by the construction of an addition to the existing building of a sixteen by twenty-six foot dock. The motion as presented, did not receive sufficient support - tie vote, motion lost, therefore, application was denied. An appeal was submitted on behalf of Mrs. Margaret Brookings and subsequently forwarded to the Ontario Municipal Board. Notice was received by staff from the Ontario Municipal Board that a hearing has been set for March 30, 1984. In consideration of the above, staff requests Committee's consideration and recommendations regarding attendance at such hearing. Respe ul mitted, cc : Dr. P, Zakarow 282 Liberty Street North BOWMANVILLE, Ontario L1C 3Y6 T.T. Edwards, M.C.I.P. Director of Planning Applicant : Mrs. Margaret Brooking LDT*TTE*j ip 281 Liberty Street North February 13, 1984 BOWMANVILLE, Ontario L1C 3Y6