HomeMy WebLinkAboutPD-92-82 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 MAY 31 , 1982
REPORT NO. : PD-92-82
SUBJECT: PROPOSED AMENDMENTS TO BY-LAW 2111 ,
FORMER TOWNSHIP OF DARLINGTON
RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-92-82 be received; and
2. That the attached By-law 82- be forwarded
to Council for approval .
3. That upon approval of the attached By-law 82-
the Clerk be directed to provide notice through
publication.
BACKGROUND:
By-law 2111 of the former Township of Darlington has for
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some time contained a number of operational difficulties.
In addition, certain provisions contained in this By-law are
now considered by staff to be out of date. As such,
Planning staff are now recommending that By-law 2111 be
amended to address the problems encountered in the three
subject areas outlined below.
Report No: PD-92-82 . . . ./2
1 . Zone requirements related to accessory buildings.
2. Status of roads.
3. Dwelling unit floor area requirement in the 'A' and
'D' zones.
1 . By-law 2111 presently contains no special requirements
for the placement of accessory buildings. The way the
By-law is presently written, an accessory building must
respect the same yard requirements that are set out for main
buildings. This provision has been considered onerous on
many occasions and has resulted in many minor variance
applications. Staff are therefore recommending that the
By-law be amended to incorporate somewhat less restrictive
yard requirements for the placement of accessory buildings.
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2. Another major administrative problem with By-law 2111
as presently worded, relates to the status of roads and the
question of where access may be permitted by the By-law
provisions. The By-law presently refers to a Class 'A' road
in Section 4.f), however these Class 'A' roads are not
described on Schedule "A" to the By-law. This situation has
led to difficulties in maintaining consistent interpretation
of the By-law and has, again, been the subject of a number
of By-law amendments and minor variance applications over
the years. Planning staff have recently discussed this
problem with the Works Department and it is now our
collective opinion that the definition of "street" and the
related access requirements should be amended so that all
references to Class 'A' and unimproved streets in the By-law
are removed, and that the By-law contain a provision which
permits access only on improved public streets which are
maintained year-round, save and except summer cottages in
the Agricultural Zone, and save and except accessory
buildings related to existing buildings that do not front on
an improved public street.
Report No: PD-92-82 . . . ./3
3. The minimum dwelling unit area requirement has been the
subject of concern and debate for some time. The By-law
presently requires a minimum floor area of 1 ,750 square feet
for single-family dwellings in the 'A' and 'D' Zones for
persons who are not employed on the same lot. Planning
staff believe that this provision, or requirement, is not
sensitive to the housing needs of today, and should be
amended to reflect energy and other design related
considerations. Planning staff have discussed the
possibility of an amendment to reduce this requirement with
Building Department staff and we share with the Building
Department a concern that a large reduction in the dwelling
unit area requirement may have a detrimental effect of the
character of some developed sections of the former Township.
We have, however, through discussions, worked out what we
feel is a reasonable compromise, which should protect the
character of the rural areas and which should also provide
more flexibility in the design and construction of single
family dwellings. The proposed amendment provides a
different requirement for one-storey or split-level
dwellings than it does for one-and-a-half, or two-storey
dwellings. This distinction would effectively eliminate the
Building Department's concern over the possibility of very
small opened-basement dwellings being constructed, and would
allow prospective builders to construct a single-storey
dwelling of a size consistent with that permitted in the
Township of Clarke (approximately 1 ,200 square feet) .
Staff are reluctant at this point to suggest major revisions
to this or the other existing zoning by-laws in the Town,
given that it is our intention to present a new
comprehensive by-law for Council 's consideration later this
year.
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Report No: PD-92-82 . . . ./4 ✓�
We do feel , however, that the changes outlined above will
eliminate some of the operational difficulties with the
Darlington By-law and should be considered at this time.
Respectf y t ed,
T. T. Edwards, M.C.I .P.
Director of Planning
FA*TTE*mjc
May 19, 1982
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