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Home My WebLink AboutPD-20-85 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1J0 TEL.(416)263.2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF FEBRUARY 4, 1985 REPORT NO. : PD-20-85 SUBJECT: APPLICATION FOR REZONING - FILE: DEV 84-38 JEFFRON INVESTMENTS LIMITED PART LOT 9, BLOCK 19, FORMER TOWN OF BOWMANVILLE JOHN GRANTS PLAN, 54-56 DUKE STREET RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-20-85 be received; and 2. That the application submitted by Mr. Thomas Greer on behalf of Jeffron Investments Limited to rezone a parcel of land in Part of Lot 9, Block 19, John Grants Plan to permit the creation of two (2) * residential lots be approved, and that the attached by-law to amend By-law 84-63, be forwarded to Council for approval . . . .2 r REPORT NO. : PD-20-85 Page 2 BACKGROUND: On November 20, 1984, the Planning Department received an application submitted by Mr. Thomas Greer on behalf of Jeffron Investments Limited, to rezone a parcel of land located in Part of Lot 9, Block 19, John Grant's Plan, former Town of Bowmanville. The submission of the rezoning application was to permit the creation of two (2) residential lots. SUMMARY OF CIRCULATION COMMENTS: In accordance with departmental procedures, the subject application was circulated to concerned agencies and departments within the Town to obtain their comments. The following departments have responded indicating no objections to the proposed rezoning. i ) Region of Durham Works Department ii ) Region of Durham Planning Department iii ) Town of Newcastle Fire Department iv) Town of Newcastle Public Works Department v) Newcastle Hydro-Electric Commission The Regional Works Department indicated that the existing buildings on the subject property were serviced with municipal water supply and sanitary sewer through the abutting facilities located on Duke Street. If new service connections are needed, the Owner will be required to file an application with the Durham Regional Works Department. The Town of Newcastle Public Works Department indicated no objection to this proposal provided that the Owner applies to the Town's Public Works Department for a property access permit for the proposed entrance from 56 Duke Street. . . .3 J L_V_ (� REPORT NO. : PD-20-85 Page 3 Staff would note for Committee's information that the appropriate public notice sign was placed upon the site in accordance with the requirements re: Public Notice of a Public Meeting within the Planning Act. STAFF COMMENTS: It is noted for Committee' s consideration that the information submitted by the applicant indicated from their search of title of the subject property that the insulbrick building, known as 54 Duke Street, has been erected and in its present position, without any changes for at least seventy (70) years, and the barn and garage marked on the survey and also, the one storey insulbrick building known as 56 Duke Street, were all erected prior to the year 1950. A statutory declaration, to this effect, is registered on title. Mr. Greer furthermore advises that the Buttonshaws purchased the property by a deed dated and registered in 1937, and that throughout the intervening period of time, the property had been occupied by Mr. and Mrs. Buttonshaw continuously right up until June 22, 1981 . It would appear from the information provided and available to Staff that the second structure, known municipally as "56 Duke Street", was constructed prior to 1950 and used originally as a store after which, and for a period of approximately eighteen (18) years, was used as a "TV Repair Shop". Although the applicant has not indicated as to when the use ceased to exist, it has been noted that, after the sale of the property in 1981 , the building at 54 Duke Street was rented out and two (2) people resided in 56 Duke Street right up until recently when Power of Sale proceedings were instituted. Although the commercial use of the property was, at one time, legally non-conforming, that use has long since ceased to exist and therefore, the legal non-conforming status lost. This Beverly limits the use of the structure resulting in the subject application. . . .4 REPORT NO. : PD-20-85 Page 4 It is Staff' s understanding that the applicant proposes to make an application to the Land Division Committee to sever the property into two (2) residential lots. Staff would note that the proposed lots are presently serviced by both municipal water and sanitary sewer systems. As noted within the attached by-law amendment, the proposed lots require an amendment to the frontage, sideyard and frontyard provisions of the "Rl-Urban Residential Type One Zone" within Zoning By-law 84-63. Staff would note that the severance would result in the creation of two (2) lots which would comply with the minimum lot area requirements of the "Rl " zone (lot areas of 475 square metres - 5,115 square feet for 56 Duke Street and 527 square metres - 5,676 square feet for 54 Duke Street) . Staff would note that a portion of the "store front" of the building at 56 Duke Street has been removed so that the frontyard setback, approximately 4.26 metres (14 feet), is similar to the present setback of 54 Duke Street. In consideration of the above-noted comments, Staff would have no objections to the approval of the rezoning application and by-law * amendment attached to said report. 6 Respe c fitted, .T. Edwards, M.C.I .P. Director of Planning LDT*TTE*jip *Attach January 15, 1985 cc: Greer, Seiler Barristers & Solicitors Richmond Centre 54B Centre Street North, P.O. Box 917 OSHAWA, Ontario L1H 7N1 ATTENTION: Mr. Thomas H. Greer THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 85- being a By-law to amend By-law 84-63, Comprehensive Zoning By-law of the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-law 84-63 of the Corporation of the Town of Newcastle. NOW THEREFORE BE IT RESOLVED THAT By-law 84-63 is hereby amended as follows: 1. Section 12.4 of By-law 84-63 is hereby amended by adding the following new Subsection 12.4.15: "12.4.15 URBAN RESIDENTIAL EXCEPTION (R1-15) ZONE Notwithstanding Section 12.2, those lands zoned "R1-15" on the Schedules to this By-law shall be subject to the following zone regulations: a) Lot Frontage (minimum) 9.45 metres b) Yard Requirements (minimum) i) Front Yard 4.25 metres ii) Interior Side Yard - with an attached garage or carport 0.90 metres - without an attached garage or carport 2.80 metres on one side, 0.90 on the other" 2. Schedule 3 is hereby amended as follows: a) by deleting the "Rl" zone designation as shown on the attached Schedule "X" and replacing same with "R1-15". 3. This By-law shall come into effect on the date of passing hereof, subject to the provisions of Section 34 of the Planning Act, 1983. BY-LAW read a first time this day of 1985 BY-LAW read a second time this day of 1985 BY-LAW read a third time and finally passed this day of 1985. MAYOR CLERK Vv) This is Schedule "X" to By-law 85 --, passed this day of—, 1985A.D. ov 110, I T vo L 1 9 o t, q6�q2 ZONE CHANGE TO 'I R 1 1511 0 5 10 20 30. G.S. Rickard, Mayor 5� 0 D.W. Oakes, Clerk LOT 13 -LOT 12 LOT II LOT 10 LOT 9 RI SUBJECT RI -114 SITE Cz R-3 Z 0 RI Ln W z P T R1 L (H)RI R4•4 71 C C 7-1 JY c5 YcD, (H)C5 EP U I EP M2 407 h 0 50 100 200- BOWMANVILLE 50m 0