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HomeMy WebLinkAboutP-136-81 "4' it 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 JULY 20, 1981. REPORT NO. : P-136-81 I SUBJECT: Request by Geraldine Balint for an Amendment to I I By-law 76-25, Comprehensive Sign By-law -- Part Lot 31, Concession 5, former Township of Darlington (school house corner) Files: 8.1.9, Z-A-1-16-2 and S-P-1-15 I RECOMMENDATIONS: It is respectfully recommended that: 1. This Report be received for information; and 2. The attached By-law No. 81- q3 be forwarded to Council for approval. i BACKGROUND: i A request has been made to the Planning and Development I Department for an amendment to the Sign By-law of the Town of Newcastle, in order to permit an existing ground identification sign, located on Part of Lot 31, Concession 5, Darlington to remain at a reduced setback i from the street line, than what is required by the By-law. The By-law states that identification signs, being a ground, wall or roof sign which indicates the name and/or the address of the - 2 - occupant or occupants and/or the use thereof, are permitted in any commercial zones. However, it is required that "no sign, other than a wall sign or window sign shall be located closer than 10 feet to any street line". The applicant has had a ground identification sign on the subject property for several years which had been in conformity with the provisions of the By-law. However, a recent condition of re- zoning imposed by the Region of Durham Works Department had requested the dedication of a 10.0 foot road widening and a 1.0 foot reserve from frontage of this property. As a result, the existing ground identification sign would not lie in conformity with the provisions of the Sign By-law as the sign would now be closer than 10.0 feet to the street line. COMMENTS: Staff have reviewed the request by Geraldine Balint, and note that the dedication of land as required by the Region, is a primary i factor in causing this non-conforming situation with the sign, however, as previously noted, this dedication is necessary prior to rezoning the subject lands. Generally, non-conforming situations with signs must be corrected at the expense of the owner, in this case, the non-conformity was due to an expropriation of land. Therefore, to prevent undue hardship to the owner, staff would have no objection to amending the Sign By-law in order to recognize this reduced setback. Respectfully submitted, EP:lb D. N. Smith, M.C.I.P. July 10, 1981 Director of Planning THE CORPORATION OF THE TOWN OF NEWCASTLE By-law Number 81- 93 a By-law to amend By-law Number 76-25, as amended, of the Corporation of the Town of Newcastle. WHEREAS the Council of the Corporation of the Town of Newcastle DEEMS it advisable to amend By-law 76-25, as amended, of the Corpor- ation of the Town of Newcastle. NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows: 1. Section 11 of By-law 76-25, as amended, of the Corporation of the Town of Newcastle is hereby further amended by adding thereto the following "SPECIAL CONDITION 6": "SPECIAL CONDITION 6 6.1 Defined Area The lands subject to the SPECIAL CONDITION comprises part of the south half of Lot 31, Concession 5, of the former Township of Darlington situate on the north-west corner of the intersection of Regional Roads 4 and 34. 6.2 Regulations for Identification Suns Notwithstanding any provision of this By-law to the contrary, the ground identification sign associated with the uses permitted with the "Defined Area", existing at the date of passing of this "Special Provision", shall be permitted to remain within the road allowance of Regional Road 4 subject to the written approval of the Regional Municipality of Durham. At such time as the sign is 2 - relocated either at the Owner's discretion or at the request of the Regional Municipality of Durham then all other provisions of By-law 76-25, as amended, shall apply in respect of such relocation. 2. This By-law shall come into effect on the date of the final passing hereof. BY-LAW READ a first time, this 27 day of July , A.D. 1981. BY-LAW READ a second time, this 27 day of July , A.D. 1981. BY-LAW READ a third time and finally passed, this 27 day of July A.D. 1981. i G. B. RICKARD, MAYOR (seal) i D. W. OAKES, CLERK c I i I i I