HomeMy WebLinkAboutPD-117-86 TOWN OF NEWCASTLE /
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REPORT File #
Res. #
�¢ �• By-Law #
MEETING: General Purpose and Administration Committee
,DATE: Monday, May 5, 1986
REPORT #: PD-117-86 FILE #: DEV 86-16
SUBJECT: REZONING APPLICATION - RICHARD AND SUSAN LOVEKIN
PART LOT 28, CONCESSION 2, FORMER TOWNSHIP OF CLARKE
(NEWCASTLE VILLAGE)
FILE: DEV 86-16
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-117-86 be received; and
2. THAT Rezoning Application DEV 86-16 submitted by Richard and Susan Lovekin be
approved; and
3. THAT the By-law attached to this Report be forwarded to Council for approval at
such time as the appropriate development charge has been paid to the Town and the
Chief Building Official is satisfied that the construction of the second dwelling
unit is in accordance with the Ontario Building Code.
BACKGROUND:
On March 17 , 1986, Richard and Susan Lovekin submitted an application to the Town to
rezone a 0.2 hectare (0.5 acre) lot in Part Lot 28, Cncession 2, former Township of Clarke
(87 Mill Street North, Newcastle Village) to recognize the use of the existing residence
as a converted dwelling containing two (2) dwelling units.
. . .2
REPORT NO.: PD-117-86 Page 2
The subject property is designated "Residential " by the Town of Newcastle
Official Plan, and zoned "RI-1" by By-law 84-63, as amended. This zone
designation permits only single family dwellings and home occupations, with
minimum lot frontage and area requirements larger than those required by the
"R1" zone.
The existing 2 1/2 storey dwelling on the subject lands contains a 1 bedroom
apartment on the second floor which shares a common entrance to the street.
The balance of the dwelling is occupied by the applicants.
In accordance with Departmental policy, the subject application was
circulated to various departments and agencies for comment. The following
is a summary of the major comments received:
Town of Newcastle Building Department
"During May, 1985 a complaint was received advising that alterations were
being undertaken to create apartments in the dwelling at the above location.
Building Division Staff contacted Mr. Lovekin and he advised that no
renovations were taking place.
On June 3, 1985, the By-law Enforcement Officer inspected the interior of
the building and advised "no major structural changes have taken place to
indicate that the house has been converted for use as apartments".
It is possible that an apartment could have been created with a material
change that would require either a building or plumbing permit.
In view of the By-law Enforcement Officer's inspection , it seems the
apartment was established subsequent to June, 1985. "
Town of Newcastle By-law Enforcement Officer
"Please find enclosed all pertinent correspondence with regard to Richard
Lovekin. I think there can be very little doubt that Mr. Lovekin knew he
was contravening the Town' s Zoning By-law when he built the upstairs
apartment."
. . .3
REPORT NO.: PD-117-86 Page 3
Region of Durham Planning Department
"We note that the subject property is designated "Residential " in both the
Durham Regional Official Plan and the Town of Newcastle Official Plan. The
proposal to recognize 2 existing dwelling units on the property conforms."
Region of Durham Works Department
"We wish to advise that the existing dwelling on the subject property is
currently serviced with municipal water supply and sanitary sewers. The
proposal to recognize an existing apartment on the second floor of the
dwelling would have no significant effects on the existing services."
COMMENT:
As indicated previously, the subject lands are designated "Residential " by
the Durham Regional Official Plan and the Town of Newcastle Official Plan.
The Town's Official Plan (Section 8.2.1.2iv) states that the density of
residential development within Newcastle Village shall generally be
restricted to low and medium density, with an overall average density not to
exceed 14 units per net residential hectare. The presence of two dwellings
units on the subject lands would not exceed the density guidelines of the
Official Plan.
Both the Regional Official Plan (Section 8.1.2.2 ) and the Town's Official
Plan (Section 8.2.1.1) state that Residential areas shall provide a range of
housing types and sizes in order to provide accommodation for households of
differing socio-economic characteristics. A review of Building Department
records from 1980 to date indicates that no building permits for apartments,
with the exception of Senior Citizen ' s housing, have been issued within the
Town during that time. Staff also contacted the Oshawa office of Canada
Mortgage and Housing to obtain information with respect to the apartment
vacancy rate for the Town of Newcastle. CMHC Staff indicated that, although
the agency does not survey the Town on a regular basis, an informal survey
of Newcastle Village was conducted in July, 1985. This survey, which only
looked at apartment buildings with at least 6 units, indicated that the
apartment vacancy rate in Newcastle Village is virtually nil .
. . .4
REPORT NO.: PD-117-86 Page 4
By-law 84-63, as amended, provides the following definition of a Converted
Dwelling:
"a single detached dwelling erected prior to the date of
passing of this By-law, which has been or may be converted by
means of partitioning so as to provide therein not more than
three dwellings each of which shall have a total floor area of
not less than 60 square metres."
By-law 84-63, as amended, only permits converted dwellings in the "R1-12"
zone subject to the "R1" zone regulations for semi-detached and duplex
dwellings. Staff have reviewed the site plan as submitted by the applicant
and note that the dwelling would comply with the applicable zone
regulations. However, Staff have calculated from the plan submitted by the
applicant that the second floor apartment only has an area of 54.5 square
metres (586 square feet) , 5.5 square metres smaller than the minimum 60
square metres required by the By-law. A review of the site plan provided by
the applicant also indicates that parking spaces can be provided in
accordance with the By-law requirements.
Staff are satisfied that the proposed rezoning to recognize the two dwelling
units within the existing building would conform to Official Plan policies
with respect to density and the provision of a diversity of housing types.
As well , Staff note that, inasmuch as the construction of the second
dwelling unit did not involve any renovations to the exterior of the
residence, a rezoning to recognize the second unit would not detract from
the character of this predominantly single family neighbourhood.
Staff have no objection to the approval of the subject rezoning application
but note that, given the floor area of the second floor apartment, a
rezoning to "R1-12" would require the applicant to apply to the Committee of
Adjustment for a minor variance to recognize the insufficient floor area of
the apartment. Staff further note however that the minimum floor area
requirement for a dwelling unit within a duplex is only 50 square metres,
and that the subject residence would comply with all applicable provisions
of By-law 84-63 with respect to duplexes. A duplex is listed as a permitted
* use in the "Rl" zone. Accordingly, Staff have prepared a by-law (attached)
to rezone the subject property from "R1-1" to "R111.
. . .5
REPORT NO.: PD-117-86 Page 5
By-law 83-22, the Town's Development Charge By-law, requires the payment of
development charges for new residential units permitted by the rezoning of a
property. The applicable charge with respect to this rezoning application
is $625.00 for the one additional unit.
As well , as indicated earlier in this Report, the second floor apartment was
built without benefit of a building permit. It will be necessary for the
applicant to apply for a building permit and to submit the appropriate
documentation to the Town which demonstrates that all construction complies
with the Ontario Building Code.
Accordingly, it is recommended that Rezoning application DEV 86-16 be
* approved. It is further recommended that the by-law attached to this report
be forwarded to Council for approval at such time as the appropriate
development charge has been paid to the Town and the Chief Building Official
is satisfied that all the construction of the second dwelling unit is in
accordance with the Ontario Building Code.
Respec T� bmitted,
T.T. Edwards, M.C.I .P.
Director of Planning
JAS*TTE*j i p
*Attach.
April 23, 1986
cc: Mr. Richard Lovekin
Box 33
NEWCASTLE, Ontario
LOA 1HO
cc: Mr. & Mrs. William Lover
P.O. Box 520
NEWCASTLE, Ontario
LOA 1HO
J �k�
This is Schedule "X" to By-law 86- �
passed this day of , 1986 A.D.
( NOT OPEN )
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 86-
being a By-law to amend By-law 84-63, the 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, as amended, of the Corporation of
the Town of Newcastle.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of
the Town of Newcastle enacts as follows:
1. Schedule "5" to By-law 84-63, as amended, is hereby further
amended by changing the zone designation of the lands indicated as
"Zone Change from R1-1 to RI" as indicated on the attached Schedule
hereto.
2. Schedule "X" attached hereto shall form part of this by-law.
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.
BY-LAW read a first time this day of 1986
BY-LAW read a second time this day of 1986
BY-LAW read a third time and finally passed this day of
1986.
MAYOR
CLERK
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