HomeMy WebLinkAboutPD-52-85 (d)
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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB UO TEL.(416)263.2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF APRIL 1, 1985
REPORT NO. : PD-52-85
SUBJECT: COMMITTEE OF ADJUSTMENT FILES: A 87/85 and A 88/85
BERNARD HEMING
PART LOT 8, CONC. 6, FORMER TWP. OF DARLINGTON
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1 . That Report PD-52-85 be received for information.
BACKGROUND AND COMMENT:
On January 10, 1983 the Land Division Committee approved LD 3/83,
thereby severing Mr. Herring's property into two (2) lots, noting
"as such was considered infilling within the Hamlet of Tyrone",
subject to various conditions. With respect to the Town's
Condition No. 1, the applicant was to satisfy the requirements of
the Town of Newcastle financially (lot development charges) and
otherwise. This decision of the Land Division Committee became
final and binding on February 23, 1983 and approval of same would
expire/lapse on February 23, 1985.
. . .2
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REPORT NO. : PD-52-85 Page 2
Subsequent to the above, Zoning By-law 84-63 came into effect, upon
receiving approval of Town Council , on September 10, 1984 and
pursuant to the circulation requirements within the Planning Act.
Within Zoning By-law 84-63, Section 3.19, with particular reference
to 3.19c. states:
"3.19 SETBACK REQUIREMENTS:
Notwithstanding any provisions of this By-law to the
contrary, the following minimum setbacks shall apply to the
specified buildings and structures:
c. Non-farm related residential buildings
from existing agricultural buildings,
housing livestock and not located on
the same lot
300 metres"
Notwithstanding the application noted above - File LD 3/83, Mr.
Heming submitted to the Region of Durham, a draft plan of
subdivision (File: 18T-84020) for approval . This plan consisted
of five (5) residential lots.
In reviewing the proposal , the Ministry of Agricultural and Food
i
indicated that the minimum separation distance, in consideration of
the terms, goals and objectives of this Ministry was 220 metres
(725 feet), whereas the closest boundary of the subdivision (the
south end of Lot 5) was approximately 125 metres (410 feet). This
in essence would not permit development of Lots 3, 4 and 5 on the
draft plan. Lots 1 and 2 do not appear to be affected.
The Ministry of Environment, in reviewing the said plan of
subdivision, noted their main concern with the application being
the proximity of the development to adjacent agricultural
operations. However, based on calculations using the minimum
separation formula of the Agricultural Code of Practice, this
Ministry did not object to the development of Lots 1 and 2 provided
that the dwelling unit on Lot 2 is constructed outside the arc of
influence.
. . .3
J
REPORT NO. : PD-52-85 Page 3
The Region of Durham suggested to Mr. Heming that he may wish to
re-evaluate his position to determine whether he would wish to
continue to pursue the subdivision approval of only two (2) lots or
should consider seeking approval via land severance through the
Land Division Committee. Subsequently two (2) new applications
(LD 347/84 and LD 348/84) were submitted for approval to the Land
Division Committee to permit the severances of Lots 1 and 2 as
shown on the draft Plan of Subdivision. A motion of the Committee,
at the meeting of November 5, 1984, was approved whereby the
applications were tabled for a period of six months to allow the
Committee of Adjustment of the Town of Newcastle -to deal with
variance applications regarding 300 metre minimum distance
setbacks. Mr. Heming applied to the Committee of Adjustment for
said variances (A 87/84 and A 88/84) which were to be heard by the
Committee at their December 19, 1984 meeting. It is noted for the
Committee's information, that the Owner, by letter dated December
27, 1984 to the Region of Durham, indicated that he wished to
withdraw his subdivision application and that said file be closed.
In reviewing the Committee of Adjustment applications, a brief
history as noted above was provided for the Committee's
information, along with the comments of the Ministry of Agriculture
and Food and Ministry of Environment. Inasmuch as Staff had no
objections to the variances in consideration of the comments
received, the following recommendation was provided:
"It is Staff's opinion should Committee consider the
variances requested minor, and in consideration of the
comments of the Ministry of Agriculture and Food and the
Ministry of the Environment deem the separation distance
compatible, approval of said variances would be appropriate,
conditional upon any building to be located on Lot 2 being
located outside the arc of influence as prescribed by the
Agricultural Code of Practice."
. . .4
I
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REPORT NO. : PD-52-85 Page 4
The Committee, upon addressing the application as submitted along
with the submissions by the applicant and local residents (in
opposition) at the appointed meeting, provided the following
decision:
"THAT as the proposed residential building would not be
complying with Zoning By-law 84-63 in that the lot would
be considerably short of the required 300 m separating it
from the agricultural buildings of the hog farm and the
residential use would not be compatible with the farm
proximity, the application is DENIED as the variance
is not considered to be minor in nature."
A Notice of Appeal to the Committee's decision, as filed by the
applicant, was received by Staff from the Ontario Municipal Board
on March 11, 1985, appointing April 24, 1985 for a Hearing in
regards to said appeal .
The above-noted comments have been provided for Committee's
information, noting Staff's position and the decision of the
Committee of Adjustment.
Respectfull ubmitted,
T.T. Edwards, M.C.I .P.
Director of Planning
LDT*TTE*jip
March 19, 1985
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