The URL can be used to link to this page

Home My WebLink AboutPD-135-83 4 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 19, 1983 REPORT NO. : PD-135-83 I i SUBJECT: APPLICATION FOR REZONING - D. IBBOTSON PART OF LOT 17, CONCESSION 2 FORMER TOWNSHIP OF CLARKE FILE: DEV 83-9 j RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following : 1 . That Report PD-135-83 be received; and 2. That rezoning application DEV 83-9 submitted by Mr. D. Ibbotson be denied without prejudice at this time; and 3. That a copy of Report PD-135-83 and Council 's decision be forwarded to the applicant and the By-law Enforcement Officer. I BACKGROUND: On April 29th, 1983, Mr. D. Ibbotson submitted an application to rezone a .84 hectare (2.07 acre) parcel of land in Part Lot 17, Concession 2, former Township of Clarke from Agricultural to an appropriate designation to permit the storage and repairing of contracting equipment on site. r � . . .21 ` � v REPORT NO. : PD-135-83 Page 2 / A metal shed on site is currently being used for that purpose and it was noted on the rezoning application that the shed had been established approximately three (3) months prior to the submission of the application. Staff note that a building permit had not been issued inasmuch as the building was represented as being for Agricultural purposes and was to be constructed by the applicant. In accordance with departmental procedures, the subject application was circulated to various departments and agencies for comment. The following is a summary of the comments received: Town of Newcastle Public Works Department "No objection." Town of Newcastle Fire Department "No Objection." Town of Newcastle Building Department It appears the metal shed now on the property was erected without benefit of a permit, as building division records do not indicate a permit as having been issued to the applicant. The building does not meet yard requirements other than for a residential accessory building, and this seems unlikely because of the size and present use. The procedure in establishing a non-conforming use seems all to familiar; erect a building under the pretence of a legal use, establish the non-conforming use and then apply for rezoning. . .3 REPORT NO. : PD-135-83 Page 4 COMMENTS: An issue of concern identified through the circulation of the rezoning application relates to the existence of a metal shed currently being used for the storage and repair of contracting equipment. In correspondence to Regional Planning subsequent to the circulation of the rezoning application, Town staff requested clarification of "existing use" as used within Section 16.6.5 of the Regional Official Plan. Regional Planning staff responded that the term "existing use" refers to landuses presently located on a property and noted that the Official Plan does not specify a date of establishment in order for such uses to qualify "existing uses". However, they further noted that Section 16.6.5 is based on the asumption that existing uses which do not conform to the designations and provisions of the plan were established under the valid provision of past policies and legislation , and that illegally established uses are not within the realm of the Official Plan policies. Regional Planning staff concluded that in cases where the legal status of an existing use is in doubt, the facts should be considered by the area municipality in its review of the rezoning application. As noted earlier in this report, the shed was erected approximately three (3) months prior to the submission of the rezoning application. Under the provisions of By-law 1592 of the former Township of Clarke, the only lands, buildings, or structures which can be used for a purpose prohibited by the by-law, are those which existed on the day of the passing of the by-law and which have continued uninterrupted since that day. Clearly, the existing metal shed does not enjoy legal non-conforming status under the provisions of By-law 1592. . . .5/ REPORT NO. : PD-135-83 Page 3 Region of Durham Planning Department We note that the site is designated "Major Open Space". The repair and storage of contracting equipment is not a permitted landuse within this designation. However, Section 16.6.5 of the Durham Plan states that ; ". . . . .this plan is not intended necessarily to prevent the continuation, expansion, or enlargement of existing uses which do not conform to the designation and provisions of this plan. At their discretion, the Councils of the area municipalities rezoned to permit the continuation, expansion or enlargement of existing uses , provided that such existing uses have no adverse effect on the present uses of the surrounding land or the implementation of the provisions of this plan. Each case will be considered on its merits by the Council of the respective area municipality or the authority having jurisdiction." The proposal would conform if it meets the above requirements of Section 16.6.5. In the event that you were recommending approval of the application we would respectfully request that a clause be included in the amending by-law to indicate that the uses permitted are existing uses on the site. Region of Durham Health Unit "No objections" . i Ministry of Agriculture and Food Staff have reviewed the above application in view of the goals and objectives of the Foodland Guidelines. Although this is not an agriculturally related use, we would not object to the application, as it is recognizing an existing use. . ..4/ i REPORT NO. : PD-135-83 Page 5 Therefore, its is respectfully recommended that rezoning application submitted by Mr. D. Ibbotson be denied without prejudice at this time and that the By-law Enforcement Officer proceed with any action necessary to ensure by-law compliance. Res pec y r, T.T. Edwards, M.C.I.P. Director of Planning JAS*TTE*jip Applicant: Mr. D. Ibbotson P.O. Box 116 Newcastle, Ontario LOA 1 HO i KEY MAP FORMER TOWNSHIP OF CLARKE ' LOT LOT I LOT I LOT LOT LOT LOT 1 LOT I LOT LOT I 21 20 I 19 I 18 I 17 16 I 15 ( 14 I 13 12 I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I i I I I I I I I I I Iz I I I I I I I I iO I I I I I I I I I I I I I I I I I I I I I ( I I i I I I I I I i I I I I I i I I I I i I I I i I I i I I I I I i 1 I I I I I I I I i I I I I al I I I I I I I I I I I I I i I I I i I I I I I I I ZI I I I I I I ° ► I I I I I I I SUBJECT SITE I I' HWY. l 0 2 I I I I I I I I I i I I rF--T, I �; I I I I I I ► I o I I I I I I I I I I I I I I I I i HWY. I No I I I I I I �401 0 250 500 1000M 500