HomeMy WebLinkAboutPD-118-85 File No. 11 12,y.s....`.. ............. .
4
�i
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 SEPTEMBER 3, 1985
REPORT NO.: PD-118-85
SUBJECT: PROPOSED APPEAL - DECISION OF THE DURHAM REGIONAL
LAND DIVISION COMMITTEE
J . CHRISTL
FILE: LD 218/85
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1 . That Report PD-118-85 be received; and
2. That the actions of the Director of Planning in
filing an appeal in respect of Land Division
Application LD 218/85 be endorsed.
BACKGROUND AND COMMENT:
On June 28, 1985, the Town received a copy of application LD
218/85 to the Durham Regional Land Division Committee submitted
by J. Christl in respect of Part of Lot 9, Broken Front
Concession, former Township of Clarke. The application proposed
a severance of a surplus dwelling and farm buildings from an
existing agricultural holding.
. . .2
CG)
REPORT NO. : PD-118-85 Page 2
On July 17, 1985, Staff commented to the Land Division Committee
that we had no objection to the proposed severance subject to an
amendment to the application to remove the existing barn from the
proposed non-farm related residential lot and subject to
specifying minimum yards between proposed lot lines and existing
buildings, and the conveyance to the Town of a 0.3 metre reserve.
On July 22, 1985, the Land Division Committee approved the
subject application conditional only upon the dedication and
acceptance of a 0.3 metre reserve. The result of this decision
is that a non-farm related lot has been created containing a barn
which contravenes the intent of the Official Plan and Sections
3.1 and 6.2 of the Town' s Zoning By-law and without any
guarantees that the proposed lot lines would comply with the
Town's Zoning By-law. Staff contacted the applicant to ascertain
the future use of this barn and whether or not demolition of same
had been contemplated. We were advised by the applicant that the
cost of demolition would preclude same and that it was not their
desire to retain the barn on the agricultural holding.
Inasmuch as the severance as approved by the Land Division
Committee contravenes the Official Plan of the Town's Zoning
By-law and inasmuch as the last day for filing appeals was August
20, 1985, Staff initiated an appeal in order to protect the
municipality's options. Should Council not wish to appeal the
decision, a resolution to that effect would be required, as would
be the initiation of an amendment to the Durham Regional Official
Plan and the Town's Zoning By-law.
While Staff feel that the demolition of a sound structure, such
as this barn, is regrettable and perhaps undesirable, the
existing Official Plan policies and implementing zoning by-law do
not provide for this type of situation, and one can only surmise
.. .3
CCU
REPORT NO. : PD-113-35 Page 3
that the intent of the Regional Official Plan, through its very
explicit wording, was to permit only the severance of surplus
dwellings.
A copy of this report has been sent to the applicant for his
information along with an invitation to attend the meeting in
order that he might voice his concerns with respect to the Town' s
proposed appeal . Staff note that if the decision stands without
a remedial amendment to the Official Plan and Zoning By-law, the
Town would not be in a position to provide zoning clearance to
perspective purchasers or mortgage companies relative to this
property.
Respectful1 bm'tted,
1,
T.T.JEdwards, M.C.I .P.
Director of Planning
TTE*j i p
August 13, 1935
Applicant: Mr. J. Christl
Box 599
NEWCASTLE, Ontario
LOA 1HO