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Home My WebLink AboutPD-121-82 I v �� I CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT HAMPTON, ONTARIO 1_013 1J0 TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JULY 12, 1982 REPORT NO. : PD-121-82 SUBJECT: APPLICATION FOR REZONING Z-A-1-10-2 PART OF LOT 35, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON - M. DUBEAU i i RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-121-82 be received; and 2. That application for rezoning Z-A-1-10-2 be approved; and 3. That the attached By-law 82-q` be forwarded to Council for approval . I BACKGROUND: The subject application requests an amendment to Restricted Area (Zoning) By-law 2111 , as amended, of the former Township of Darlington to rezone a 4050.3 square metre (43,597 square feet) parcel of land located in Lot 35, i Concession 3, Darlington. The requested By-law amendment would allow the applicant to operate a book-keeping and accounting office from his residence located in an existing i two-storey dwelling unit presently containing three legally non-conforming apartments. I I Report No: PD-121-82 . . ./2 The subject lands are designated "Major Open Space" by the Region of Durham Official Plan. Generally, non-farm residential uses are not permitted under this land use designation. However, the subject site is presently being used for residential purposes, and, the proposed book-keeping and accounting office could be considered a home-occupation type of use. Council , at their discretion, may zone to permit the continuation, expansion or enlargement of such existing use provided that such expansion or enlargement does not have a detrimental effect on surrounding properties. In that regard, the addition of this type of home occupation would not conflict with the policies of the Regional Plan. The site is presently zoned "A-Agriculture" by Restricted Area (Zoning) By-law 2111 , as amended, of the former Township of Darlington. The proposed By-law amendment would apply a "Special Provision" to this site in `order to allow the applicant to operate a book-keeping and accounting office from the residence. In accordance with Departmental procedures, the subject application has been circulated to various departments and agencies for comments. The following comments were received: The Durham Planning Department: "We note that the site is designated "Major Open Space" in the Durham Regional Official Plan. Non-farm residential uses are generally discouraged within this designation. However, we understand that the property is presently used for residential purposes and Section 16.6.5 of the Durham Plan stipulates that ". . .At their discretion, the Councils of the area municipalities may zone to permit the j continuation, expansion or enlargement of existing uses provided that such existing uses have no adverse effect on the present uses of the surrounding lands or the implementation of the provisions of this Plan. i i i Report No: PD-121-82 . . ./3 Each case will be considered on its own merits by the Council of the respective area municipality or the authority having jurisdiction. The Durham Plan provides that residential uses may also include home occupation uses. Accordingly, the conformity of this application to permit a book-keeping and accounting business is contingent upon Council taking into account the above provisions of Section 16.6.5." The Newcastle Public Works Department and the Newcastle Fire Department had no objections to the approval of this rezoning. i COMMENTS: Staff have reviewed the subject application for rezoning submitted by Mr. Dubeau and consider the proposed use, involving a book-keeping and accounting business, as a home occupation compatible with its surroundings and the residential use of the property. We note that this use is to be confined to an existing apartment located within this dwelling and will not involve any external expansion on this site. Based on the foregoing, and the fact that the proposal is in conformity with the policies of the Region of Durham Official Plan, staff would have no objection to the approval of the subject application. Respec lly Gbmtted, T. --T. Edwards, M.C.I.P. Director of Planning Applicant: Mike Dubeau EP*TTE*mjc RR#5, Townline Rd. N. June 10, 1982 OSHAWA, Ontario L1H 7K5 i i � I iTHE CORPORATION OF THE TOWN OF NEWCASTLE I BY-LAW NUMBER 82- 98 being a By-law to amend Restricted Area By-law No. 2111, as amended, of the former Township of Darlington, now in the Town of Newcastle. i WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law 2111, as amended, of the former Township of Darlington. i 6 i NOW, THEREFORE, the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Map 16 of Schedule "A" to By-law 2111, as amended, is hereby further amended by changing to "SPECIAL PROVISION BY-LAW 82- 98 " the zone designation of lands indicated as "ZONE CHANGE TO SPECIAL PROVISION BY-LAW 82- 98" on the attached Schedule "X" hereto. 2. Section 13 of By-law 2111, as amended, is hereby further 47 amended by adding thereto subsection (nn) as follows: "(nn) Part of Lot 35, Concession 3 i I Notwithstanding any provisions of this By-law to the contrary, that part of Lot 35, Concession 3, designated "SPECIAL PROVISION BY-LAW 82-98 " on Schedule "A" hereto may be used, in addi-tTon to those uses permitted within the "A-Agriculture" Zone, for the purposes of a book-keeping and accounting office operated as a home occupation wholly contained within the existing dwelling unit i j and not exceeding a gross floor area of 45.0 square metres in size." 3. This By-law shall come into effect on the date hereof, subject to the provisions of Section 39(11) of the Planning Act. I BY-LAW read a first time this 19 day of July 1982 BY-LAW read a second time this 19 day of July 1982 BY-LAW read a third time and finally passed this 19 day of July 1982. I MAYOR CLERK I I r I i I I i i I I i i I MOW THIS IS SCHEDULE Y TO BY—LAW 82- 98 , PASSED THIS DAY OF July A.D. 1982. n I ROAD ALLOW, BTW CONC. 3 a 4 d i E W L ti N J Z I 0 E N720 31'E 185-78m m j r` N iy 3 I o z N72031'E 185,93m 21.79m E ( SEAL) w ZONE CHANGE TO SPECIAL PROVISION BY—LAW 82 G.B.Rickard,Mayor 0 10 20 40m D.W. Oakes,Clerk 20 5 I KEY MAP FORMER TOWNSHIP OF DARLINGTON 1:25 000 LOT I LOT I LOT II I LOT I LOT F LOT I LOT I LOT I I 35 I 34 1 33 u �I 31 I 30 I 29 J 27 1 I I I I ( I I I I I I 1 I I I I r SUBJECTi I I I I I s SITE I I I I I I I I i i I I I I I I i I I I I I Z I I