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HomeMy WebLinkAboutPD-33-85 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF FEBRUARY 18, 1985 REPORT NO. : PD-33-85 SUBJECT: COMPREHENSIVE ZONING BY-LAW 84-63 APPEAL OF SECTION 14.6.6 - URBAN RESIDENTIAL EXCEPTION (R3-6) ZONE PROPERTY OWNER: WM. KRAAYVANGER RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-33-85 be received; and 2. That Town Planning Staff and the Municipal Solicitor be authorized to make representation in support of the "R3-6" zoning of Part of Lot 29, Concession 2, geographic Township of Clarke, former Village of Newcastle, now in the Town of Newcastle. l . . .2 IV 41 i7f REPORT NO. : PD-33-85 Page 2 BACKGROUND AND COMMENTS: On September 10, 1984, the General Purpose and Administration Committee of the Town of Newcastle resolved to direct Town Planning Staff and the Municipal Solicitor not to attend a Hearing, then scheduled, in respect of an amendment to By-law 79-44, as amended. That Hearing was subsequently cancelled as a result of the approval of By-law 84-63 and the submission of a new appeal in respect of the same lands. The subject zoning would permit the development of the lands for four (4) link townhouse units and although Staff recommended attendance at the Hearing, it was the Committee's decision not to attend. During the course of recent discussions with the Town Solicitor, it became apparent that such a position, on the part of the Town, would be untenable and it would be more appropriate for Council to either support the inclusion of this zoning within By-law 84-63, or to amend the by-law to respond to the concerns of the residents. It should be noted that, where a municipal by-law is before the Ontario Municipal Board, it must be considered the Town 's responsibility to defend that By-law, otherwise, its approval should not have been supported by Council . In view of this and in view of the fact that the Board can be expected to require Municipal Staff to provide testimony, contrary to the specific Council resolution, Staff, at the request of the Municipal Solicitor, are hereby requesting further direction relative to this matter. In view of Staff's initial recommen- dation for approval of the zoning as contained in By-law 84-63, are recommending that we be authorized to present the Town 's case in support of this zoning, the alternative is for Council to direct the preparation of an amendment to By-law 84-63 which would . . .3 y) REPORT NO. : PD-33-85 Page 3 have the effect of rezoning the subject lands to "R1-Urban Residential ". Respectfu s mitted, T.T. Edwards, M.C.I.P. Director of Planning TTE*jip February 7, 1985 Cheryl McCrimmon Mrs. Clara Rickard 210 King Street West c/o Mr. David Rickard NEWCASTLE, Ontario 80 Given Street LOA 11100 NEWCASTLE, Ontario L. Dewitt LOA 1HON 236 King Street West Mrs. Beth Honeyman NEWCASTLE, Ontario 46 King Street West LOA 1H00 NEWCASTLE, Ontario Mrs. Irene Cunningham LOA 11100 R.R. #2 Mr. & Mrs. S. Maskell NEWCASTLE, Ontario 320 King Street West LOA 1H00 NEWCASTLE, Ontario Betty Quanlan LOA 1H00 383 King Street West Dr. & Mrs. W. Rudell NEWCASTLE, Ontario 102 Given Road LOA 1H00 NEWCASTLE, Ontario Leo & Debbie Adegeast LOA 1H00 Box 602 Mr. Wm. Kraayvanger 351 King Street R.R. #2 NEWCASTLE, Ontario NEWCASTLE, Ontario LOA 1H00 LOA 1HOR Mr. & Mrs. D. McCurdy 304 King Street West NEWCASTLE, Ontario LOA 1H00 Mr. & Mrs. David Rickard 80 Given Street NEWCASTLE, Ontario LOA 1HOO