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HomeMy WebLinkAboutP-108-81 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1.10 TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF JUNE 8, 1981. REPORT NO. : P-108-81 SUBJECT: Committee of Adjustment - Application No. A 23/81 Mary and Leslie Bergman, Part of Lot 23, Con. 3, former Township of Clarke Our File: A 23/81 -- O.M.B. File: A 81385 RECOMMENDATION: It is respectfully recommended that the Planning and Develop- ment Committee recommend to Council the following: 1. That Report P-108-81 be received; and i 2. That Planning staff and/or the Town Solicitor be authorized to represent the Town at the Ontario Municipal Board hearing i in respect of minor variance application A 23/81. i i BACKGROUND: On April 7, 1981 staff forwarded comments to the Secretary of the Committee of Adjustment in respect of application for variance A 23/81 (copy attached) . Said application requested permission to con- struct an accessory building prior to the establishment of a main dwelling. The use of the proposed accessory building would be for the storage of unspecified building materials. ,�1 - 2 - It was our staff opinion that such a variance would be con- trary to the intent of the by-law since it would permit the establish- ment of a use on the property which is not permitted by the by-law and which is not clearly accessory to any other use permitted by the by-law. On April 22, 1981 the Committee denied the subject application in accordance with the staff recommendation. On May 13, 1981, staff was advised by the Committee Secretary that an appeal of the Committee's decision had been filed by the applicants. COMMENTS: In view of the fact that it is our staff opinion that this application should be denied, and Committee of Adjustment has concurred with same, it would be appropriate for Town staff and/or the Town Solicitor to be present to represent the Town at the Ontario Municipal Board hearing in respect of this matter. Respectfully submitted, TTE:lb D. N. Smith, M.C.I.P. May 27, 1981 Director of Planning 3 . - CORPORATION. OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C,I.P., Director HAMPTON,ONTARIO LOB 1JO TEL. (416)263-2231 COMMENTS TO THE COMMITTEE OF ADJUSTMENT MEETING OF APRIL 22, 1981, Application No, : A 23/81 Applicant: Mary and Leslie Bergmann Location: Part of Lot 23, Concession 3, former Township of Clarke CONFORMITY WITH INTENT OF OFFICIAL PLAN PROVISIONS: The site is designated "Major Open Space" in the Region of Durham Official Plan. The requested variance does not conflict with the intent of the Official Plan. CONFORMITY WITH INTENT OF ZONING BY-LAW-PROVISIONS: The site is zoned "A--Agriculture" by Restricted Area (Zoning) By-law 1592, as amended. Residential uses and uses accessory thereto are generally permitted under this zoning classification. The requested variance to permit the erection of an accessory use, prior to establishing a primary use, is not considered to be within the intent of the Restricted Area By-law. OTHER COMMENTS: It is staff 's interpretation of Restricted Area By-law 1592 that prior to permitting an accessory use and/or building, that the By-law requires a principle use be established on the site in order to determine and establish what the permissible accessory uses should be. In that regard, staff feel that the request is premature until a principle use is established on the site, RECOM14ENDAT I ONS: Denial. EP:lb T. T. Edwards, M.C.I.P, April 7, 1981 Current Operations Planner