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HomeMy WebLinkAboutPD-97-83 4 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1J0 TEL.(416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JUNE 20, 1983 REPORT NO. : PD-97-83 SUBJECT: AMENDMENTS TO BY-LAWS 80-127, 80-137, 81 -170, AFFECTING CERTAIN LANDS WITHIN PARTS OF LOTS 31 , 32 and 33, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON OUR FILES: DEV 79-2.8, DEV 80-17, DEV 81 -36 RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-97-83 be received; and * 2. That the attached By-law 83-4� rectifying the sideyard requirements within By-laws 80-127, 80-137, and 81 -170 be forwarded to Council for approval . BACKGROUND AND COMMENT: On June 8, 1983, staff received a request for zoning clearance with regards to a mortgage on a lot fronting on Windsor Valley Place, being Parts 2, 3 and 24, Plan 1OR-1389, forming part of Registered Plan M-747. 4 Report No: PD-97-83 . . ./2 In reviewing this clearance request, staff noted that the property had been zoned subject to "Special Provision By-law 81 -170" , and, that the subject lands did not conform with the sideyard requirements of this "Special Provision" zoning. Staff then reviewed By-laws preceeding By-law 81 -170, which had been used as guidelines for the zone provisions, and found that the sideyard provisions in each of the By-laws 80-127, 80-137 and 81 -170 had the same error and had been carried on as such. The sideyard provision reads as follows : "Interior sideyard (minimum) 1 .8 metres, provided that where an attached garage or carport is provided, the minimum sideyard shall be 3.7 metres on the driveway side." The error which appears to have occurred is the substitution of the word "an" for "no" preceeding the words "attached garage". The intent of this Section was to provide a greater sideyard on one side of the property where no attached garage or carport was to be constructed. However, the effect of the sideyard provision as it presently exists would provide for a larger sideyard with the attachment of a garage, which is opposite to the original intent of this By-law provision. Therefore, to avoid problems upon submission of building permit applications for lots affected by these By-laws, staff are recommending that the attached By-law amending By-laws 80-127, 80-137 and 81 -170, and rectifying the sideyard provision be approved. Respect fitted, T. T. Edwards, M.C. I.P. Director of Planning P*TTE*mjc 4/ une 13, 1983