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Home My WebLink AboutPD-23-83 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 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF FEBRUARY 7, 1983 REPORT NO. : PD-23-83 SUBJECT: REQUEST FOR RELIEF FROM SECTION 2.5 OF BUILDING BY-LAW 76-24 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-23-83 be received for Council 's consideration. BACKGROUND: In May, 1982, an application for a building permit was submitted by Mrs. Virginia Foley to erect a second single family dwelling on a 18.2 hectare (45 acre) parcel in an agricultural zone. Committee of Adjustment Application # 24/82 for a variance from the minimum 20.2 hectare (50 acre) requirement for a second dwelling was approved in April , 1982. Report No: PD-23-83 . . ./2. The application was processed and any changes/corrections on the drawings were noted in red. The drawings were stamped in red, one stamp to indicate when inspections are required and another to advise the owner/agent that a survey, a surveyor's certificate, or other evidence satisfactory to Council is required on the completion of the foundation to show that the building has been sited in accordance with the permit issued for such building. Building Permit # 75 was subsequently issued to Mrs. Foley in the name of E. W. Foley. Evidence as to the location of the building on the lot was not submitted as required in Section 2.5 of Building By-law * 76-24, therefore a form letter (copy attached hereto) was mailed to E. W. Foley on November 1 , 1982. * The attached correspondence, photographs and sketch was received from Mrs. Virginia Foley for Council 's consideration as "evidence" that the building has been sited in accordance with the building permit. COMMENTS: On January 11 , 1983, staff attended the Foley residence to examine the approved drawings that had been stamped and returned to Mrs. Foley on the issuance of the building permit. The drawings were not available as they had been left outside by the contractor during construction. Report No: PO-23-83 . . ./3 The property in question is zoned "Agriculture" and is located in the south half of Lot 2.1 , Concession 1 , former Township of Darlington. The assessment mapping shows 18.48 hectares (45.65 acres) with frontages of approximately 2.00 metres (658 feet) on the Baseline Road and 915 metres (3,000 feet) on the road allowance between Lots 2.0 and 2.1 . A C.P.R. right-of-way is located approximately 122 metres (400 feet) north of the Baseline Road and the new dwelling is north of the railway tracks and in excess of 61 metres (200 feet) west of the road between Lots 20 and 21 and about 30.5 metres (100 feet) east of the original farm dwelling. Zoning By-law 2111 , Section 12, requires a minimum front yard of 15.0 metres (50 feet) , interior side yard of 6.0 metres (20 feet), exterior side yard of 15.0 metres (50 feet) and a rear yard of 15.0 metres (50 feet) . Adjacent lands are used for agricultural prupooses and the nearest residential use other than on the subject property is more than 183 to 213 metres (600-700 feet) away. It would appear the building exceeds the minimum yard requirements in the Zoning By-law. However, staff make no recommendations on this matter inasmuch as it was indicated when Section 2.5 was enacted, arising from the situation between Mrs. Mackey and Solina Investments Limited, that the only person with the expertise to legally determine the location of the building on a lot is an Ontario Land Surveyor and the authority should not be delegated to staff as the Court may not uphold such delegation. Report No: PD-23-83 �g Uhf �� . . ./4 However, if Council is satisfied that, based upon the evidence submitted.--the -building has been sited--in accordance with the building permi.t .and the Restricted.Are.a__ ' By�-law, it would be appropriate for Council to pass a resolution to that effect. Respectf s itted, .---5 T. T. Edwards , M.C.I.P. Director of Planning HGW*TTE*mjc January 25, 1983 F I . ;;,akr�� "� g.^ ""kqs • :"" �i:•Di •� ;1 :t r• ) t - ;.'1� ,a t Y.. SS. s 1 i b�..; *r�` i ..} �. L ..a"„�•:�::, it !�• - 7Y y[�•�r � 1� � !7 �x£`"s4�t2-n ziv"r''°,�� `"•- ,. `�§r t`" ;'w r} 7 �•:Ya:•"'.t•'•i 'Y�'" _ i d��• d X. 1 +4ye}�.�5t �v? C }r�l ��"r �`: �x`t�� t�r v. *..'yq� ':�•C x h b,> 'itl':.t:��.• :4""i'rY s a' 1 `S h�• 1 �3l'`j a+ 'ti�, r t,.!.� �}t t r:S� Y t� t a S , " fy'♦ - � r` >"5 r y''. yt�{tarty" `M.� 1.� �LYY. 7 1' k .�v ��.� ..('�1,��:,.is i• 1�e� Jild�7' ` ._ - f �r tC3��i�� i 4"b�yd ..- s�"� •• 791 f iSi..`x ,. 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Section 2.5 of By-law 76-24 states: " Forthwith upon the completion of the construction of the foundation, the owner, or his authorized agent, shall submit to the Chief Official a Plan of Survey prepared by an Ontario Land Surveyor, and bearing his seal , or a certificate of an Ontario land Surveyor or such other evidence satisfactory to Council showing that the building has been sited in accordance with the permit issued for such building". To date we have not received the confirmation respecting the above noted building. Thank you for your anticipated co-operation regarding this matter. Yours truly, H. G. Wight Chief Building Official . 11GW:mb I I)