HomeMy WebLinkAboutPD-145-88 DN: 145-88
REPORT #2
TOWN OF NEWCASTLE
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Res. #C--
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By-Law #
MEETING: COUNCIL
DATE: Monday, June 27, 1988
REPORT #: PD-145-88 FILE #: LD 341/88
SUBJECT: APPEAL OF LAND DIVISION COMMITTEE DECISION
L. & E. HAUNSBE ER (LD 341/88)
PART LOT 23, CO CESSION 1, FORMER TOWNSHIP OF DARLINGTON
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Report PD-145-88 be received; and
2. THAT Land Division Committee's decision on LD 341/88 (L. & E. Haunsberger)
be appealed as the proposed land severance does not conform to the Durham
Region Official Plan and does not conform to the Town's Comprehensive
Zoning By-law 84-63; and
3. THAT the appeal and a copy of the Report be forwarded to the Secretary-
Treasurer of the Land Division Committee on or before June 29, 1988.
1. BACKGROUND:
1.1 On May 9, 1988, copies of Land Division Application LD 341/88 were received
by Staff for review and comment for Land Division Committee's consideration
at its meeting on May 30, 1988.
1.2 The application involves the severance of a 5 acre lot from a 10 acre
parcel located in Lot 23, Concession 1, former Township of Darlington (see
attached sketch) .
. . .2
REPORT NO. : PD-145-88 PAGE 2
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2. CONFORMITY TO OFFICIAL PLAN:
The subject property is designated "Major open Space" in the Durham
Regional official Plan which does not permit non-farm residential uses
save and except for farm related severances or infilling whithin a
rural cluster zone. The proposed severance does not fall within any of
the said exceptions.
3. CONFORMITY TO ZONING BY-LAW:
The subject property is zoned "Agricultural (A)" and "Agricultural
Exception (A-7)" in the Town's Comprehensive Zoning By-law 84-63, as
amended. Section 6.3 of the By-law stipulates that newly created lots
must have a minimum lot area of 40 hectares (100 acres) . The proposed
severance clearly does not comply as the applicant is attempting to
divide an 8 ha (20 acre) parcel into two 4 ha (lo acre) lots.
4. COMMENTS:
4.1 Regional Planning Staff, in its comments to the Land Division Committee
stated:
"the predominant use of lands designated as Major Open Space shall
be for agricultural, farm-related and recreational uses only.
Limited non-farm residential dwellings may be allowed in the form
of infilling if deemed desirable by the Council of the respective
area municipality and is recognized in the Zoning By-law as a Node
or Cluster. They also stated that: the proposal does not qualify
under the policies applicable to this designation."
In conclusion however, they noted that: "Land Division Committee
may wish to consider that the two lots were purchased in 1960 and
1965 respectively, were unwittingly melded and were registered as
one lot."
4.2 Town Planning Staff, in its comments to the Land Division Committee,
also advised that the proposal does not conform to the Zoning By-law.
3
REPORT 0D. : PD-145-88 PAGE 3
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4.3 Ministry of Agriculture and Food also objected to the proposed
severance based on non-compliance with the Food Land Guidelines.
4.4 At this time' we are not aware that the Region will lodge on Appeal on
this application. In order to protect the Town's interest it is
therefore prudent that an appeal be lodged by the Town in order to
uphold the policies of the Official Plan and zoning By-law.
Respectfully submitted, Beonnuneuded for presentation
to Council
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__-__________-________-_-- -___--_ ________--____-
Franklin WV �awreuoe toeft
Director of Planning & Development Chief A]mYu trative officer
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*Attach.
June 21, 1988
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