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HomeMy WebLinkAboutP-156-81 4 I CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director HAMPTON, ONTARIO LOB 1 JO TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF SEPTEMBER ! 14, 1981. REPORT NO. : P-156-81 i SUBJECT: Application for Rezoning Z-A-3-6-11, Part of Lot 32, Concession 7, former Township of Clarke. - Ross Atkinson. RECOMMENDATIONS: It is respectfully recommended that: 1. Application for rezoning number Z-A-3-6-11 be approved; and 2. The attached By-law 81- be forwarded to Council for approval; and 3. The Region of Durham be advised of Council's actions. i BACKGROUND: The subject application requests an amendment to Restricted Area (Zoning) By-law 1592 of the former Township of Clarke to rezone a .50 hectare (1.23 acre) parcel of land fronting on Leskard Road in Clarke. The applicant is requesting the rezoning in order to i permit the construction of a single family dwelling, which is to be �I Iii 63) - 2 - located on the top of bank of the Wilmot Creek. The site is located within a designated "Hamlet", as indicated by the Region of Durham Official Plan. The intended use of a residence would be permitted by the Regional Plan, and would there- fore be in conformity with the Plan. The site is presently zoned "RR-1" Rural Residential subject to a special provision in the Restricted Area (Zoning) By-law for the former Township of Clarke. Under this zoning classification residential uses would be permitted. However, said classification restricts persons from "erecting any building or structures, or remove or place fill of any kind below the top of bank or within twenty-five feet of the top of bank" (added by By-law 1729) . Therefore, the applicants are unable to construct a dwelling in the desired location. The proposed By-law would apply a special provision to this site ex- empting the subject lands from the provisions of the "RR-1" zoning classification in order to permit the applicant to build at the top of bank of the Wilmot Creek. The application was circulated to the Durham Planning Department, Durham Health Unit, Ganaraska Conservation Authority, Newcastle Building Department, Newcastle Fire Department, Ministry of I Natural Resources and the Newcastle Works Department, for comment. The following comments were received: Durham Planning Department: "Please be advised that the proposal for a single family dwelling on the subject site is -in conformity with the Durham Regional Official Plan. In view of an indication in the Durham Plan, of Hazard Lands in the vicinity of the subject site, we would suggest that you determine the extent and exact location of i 3 - Hazard Lands and the required building setback through detailed floodline, soil and contour mapping in con- sultation with the Ganaraska Conservation Authority." Durham Health Unit: "no objection" Ganaraska Conservation Authority: "no objection" Newcastle Building Department: "no objection" Newcastle Fire Department: "The proposed dwelling is located within a five mile radius of fire station # 3, Orono. As an individual unit, this would not present a problem for the fire department. I would note for your perusal, a prece- dent is being set for future guidelines, in regards to zoning by-laws, continuation of permitting construc- tion in hazard areas could present many problems for the fire department in the way of requests for assis- tance during severe weather conditions (flooding, snow storms, high winds, loss of electric power etc.)" (Staff note that the proposed dwelling would not be located within the hazard prone area but would be bordering the top of the bank. ) Ministry of Natural Resources: At the time of writing a written response had not been received. However, the Ministry has advised, by phone, that they would have no objection subject to the area below the top of bank being zoned to prohibit any permanent buildings or structures. i Newcastle Public Works: 1. The owner be required to apply for and receive approval for driveway access to the subject property. 2. Minor roadway/ditch improvements would be undertaken with the installation of the driveway access." - 4 - COMMENTS: Staff have reviewed the proposal submitted by Mr. & Mrs. Atkinson and note that the Ganaraska Conservation Authority have previously advised the applicants that they would have no objection to their proposal to construct a dwelling on the top of the bank, an area which had previously been a restricted building area. However, the Authority have requested that the private waste disposal system be located in the front yard of the subject lot, and that any additional buildings be located above the top of bank with an appropriate separa- tion from the valley lands. Therefore, since there are no other major concerns regarding this proposal, and the fact that the proposal is in conformity with the provisions of the Region of Durham Official Plan, staff would have no objection to the approval of the subject application. i Respectfully submitted, A/ D. N. Smith, M.C.I.P., Director of Planning. EP/cc August 20, 1981.