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HomeMy WebLinkAboutPD-155-85 i 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 OCTOBER 21, 1985 REPORT NO. : PD-155-85 SUBJECT: ONTARIO MUNICIPAL BOARD HEARING COMMITTEE OF ADJUSTMENT APPLICATION A 35/85 VICTOR AND ANN WHITE - PROPOSED ADDITION RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-155-85 be received; and 2. That Staff be directed to attend the Ontario Municipal Board Hearing with respect to Committee of Adjustment application A 35/85 on November 4, 1985. BACKGROUND AND COMMENTS: An application was submitted by Mrs. Ann White for the Committee of Adjustment's consideration requesting their approval to permit the construction of an addition to an existing legal non-conforming agricultural building thereby leaving a sideyard of 8.53 metres (28 feet) instead of the required 15 metres (49.21 feet) sideyard located in Part of Lot 35, Concession 5, former Township of Darlington. . . .2 REPORT NO. : PD-155-85 Page 2 Staff would note that the information submitted by the applicant would indicate that the sideyard of the existing building is 10.66 metres (35 feet) . Furthermore, within the application it is indicated that the date of construction of all buildings and structures on the subject lands, as being "APP.1951/1952". A copy of Staff' s comments to the Committee of Adjustment meeting of September 4, 1985 pertaining to Victor and Ann White's application * are attached for Committee's information. In consideration of the application as submitted, the decision of the Committee of Adjustment, at their September 4, 1985, was as follows: "That as the construction of the proposed addition would allow the applicant to enlarge and improve the existing barn and due to the location of the barn, would not appear to have a detrimental effect on the surrounding properties, permission is GRANTED to expand the legal non- conforming agricultural building encroaching a further 7 feet into the legal non-conforming sideyard and leaving a 28 foot sideyard." An appeal to the above-noted decision was received by the Secretary/Treasurer for the Committee of Adjustment on September 25, 1985. The reasons for the appeal are as follows: "1. The basis of the application was to permit the extension of an existing legal non-conforming building when, in fact, evidence of Ann White and Fred Anderson at the Hearing, indicated that the existing barn was built in 1970 with a sideyard setback of 35 feet rather than the required 50 feet of the Darlington By-law passed in 1959. Accordingly, the existing barn is not legal non-conforming and the Committee' s decision to grant the further extension is contrary to law. 2. Ann White and Victor White continued to erect the extension up to the date of the hearing notwithstanding that a Stop Work Order had been issued. Ann White and Victor White continued to erect the building notwithstanding the Committee warning not to do so. The Committee should have .. .3 REPORT NO. : PD-155-85 Page 3 refused to deal with the White's application as the Whites' were in contempt of the Committee." Staff would note for the Committee' s consideration that, notwithstanding the conflicting information with respect to the date of construction of the existing barn, Section 3.5(e) within Zoning By-law 84-63, being the Town's Comprehensive Zoning By-law would apply. Section 3.5(e) acknowledges that nothing in this by-law shall require the approval of the Committee of Adjustment to permit the enlargement, rennovation, repair or alteration of any non-complying building or structure which existed at the date of passing of this by-law and which is used for a purpose specifically permitted within the zone in which such building or structure is located. Furthermore, where such building or structure does not comply with the setback or where one or more yards is/or are less than required under the provisions of this by-law, extension, enlargement, rennovation, repair or alteration may be permitted provided that the setback or yard, or yards, that is or are less than required are not further reduced, and that all other provisions of this by-law are complied with. The location of the existing building is acknowledged and permitted within Section 3.5(e) . Furthermore, extensions, enlargements, rennovations, repairs or alterations thereto are permitted provided the existing setback is not further reduced. Inasmuch as the applicant wishes to reduce the sideyard, the Committee of Adjustment approval for the reduction was required. Accordingly, Staff are recommending that representation be provided to the Ontario Municipal Board Hearing on behalf of the Town of Newcastle and Committee of Adjustment. Respec mitted, T.T. Edwards, M.C.I .P. Director of Planning LDT*TTE*j i p *Attach. October 16, 1985 �C 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 COMMENTS TO THE COMMITTEE OF ADJUSTMENTS MEETING OF SEPTEMBER 4, 1985 Application No.: A 35/85 Applicant: VICTOR AND ANN WHITE Location: Part Lot 35, Concession 5, Twp. of Darlington CONFORMITY WITH INTENT OF OFFICIAL PLAN PROVISIONS: The subject property is designated Special Study Area No. 8" within the Region of Durham Official Plan. Section 15.2 states that the areas so designated as Special Study Area shall require further study after which appropriate designations shall be adopted by amendment to the Regional Official Plan. Furthermore, until such time as such amendments to this Plan are adopted, the existing zoning by-laws, as they apply to these areas, may remain in force or may be amended to an "Agricultural " or a "Holding" category in accordance with the provisions of Section 16.6.4. CONFORMITY WITH INTENT OF ZONING BY-LAW PROVISIONS: The subject application is for exemption or partial exemption from the provisions of By-law 84-63 so as to permit the applicant to construct an addition to an existing legal non-conforming agricultural building, leaving a sideyard of 8.53 metres (28 feet) instead of the required 15 metres (49.21 feet) sideyard located in Part Lot 35, Concession 5, Darlington. RECOMMENDATIONS: Approval . Loa 0. aylor Current Operations Planner LOT*j i p September 4, 1985