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HomeMy WebLinkAboutP-161-81 v c�) CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director HAMPTON, ONTARIO 1_0131,10 TEL. (416)263-2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF SEPTEMBER 28/81. REPORT NO.: P-161-81 SUBJECT: Application for Rezoning Z-A-3-6-9 Part of Lot 32, Concession 7, former Township of Clarke -- Denis & Vella Prue RECOMMENDATIONS: It is respectfully recommended:- 1) That the subject application Z-A-3-6-9 be approved; 2) That the attached By-Law 81- be forwarded to Council for approval at such time as the applicants fulfill the following requirements:- - (i) submission of an engineering report from a Certified Engineer indicating that the existing dwelling is in conformity with the Ontario Building Code and approved structurally as a residence. (ii) if the existing dwelling is not in conformity with the Ontario Building Code, then the applicants must ensure that alterations be undertaken to bring the structure into conformity with the Code. (iii) that the existing driveway culvert, and, minor ditching be brought into conformity with present Town of Newcastle standards and design criteria and approved by the Director of Public Works. (iv) approval of a permit by the Durham Regional Health Unit indicating that the existing well and septic system are satisfactory and in compliance with the Health Unit standards. M - 2 - (v) that the existing workshop situated at the front of the subject lands be removed, as it is located within the flood plain of the Wilmot Creek. (vi) and that a lot development charge of $1,500.00 be paid to the Town of Newcastle. BACKGROUND: The subject application requests an amendment to the Restricted Area (Zoning) By-law of the former Township of Clarke in respect of a .46 hectare (1.133 acres) parcel of land fronting on Leskard Road in the Township of Clarke. The applicant is requesting an amendment to By-law 1592 to permit the continued use of the existing building on the site for residential purposes. The site is located with a designated "Hamlet" by the Region of Durham Official Plan. The use of lands within Hamlet Areas for residential purposes is permitted, therefore, the proposal would conform with the policies of the Regional Plan. The site is presently zoned "A - Agricultural" by Restricted Area (Zoning) By-Law 1592 of the former Township of Clarke. The necessary By-law amendment would zone this particular site to "RR-5 Rural Residential" subject to a special provision, in order to permit the continued use of this site for residential purposes. The buildings on the subject site, a single family dwelling and a workshop were erected in 1974 by the original owner of this property, Mr. Dennis Thompson, without applying for or receiving the required building permits. Following the completion of the dwelling unit, the owner and his solicitor approached the Town's Building Department requesting that a final inspection be undertaken for the dwelling in order to permit the owner to obtain a mortgage for this property. In view of the fact that a building permit had not been issued for this dwelling, Town staff were unable to complete proper inspections, as required, during the construction period. Therefore, they were and are unable to determine whether or not the structure complies with the requirements of the Ontario Building Code. Following legal action against Mr. Thompson the property - 3 - was sold to Mr. & Mrs. Prue, the present owners, who are now encountering similar problems in obtaining a mortgage for this property. As a result, staff have suggested to Mr. & Mrs. Prue that a rezoning application be submitted which would impose several conditions of approval designed to correct the existing non complying situation. The subject application was circulated to the following departments for comments which are summarized as follows:- The Ganaraska Conservation Authority: "The application has been reviewed and given due consideration. As outlined on both the site plan and our flood line mapping (enclosed) , a part of the subject property is within the floodplain of a tributary of Wilmont Creek. In order to protect this environmentally sensitive stream valley and restrict development from the potentially hazardous area, the Conservation Authority would recommend that the floodplain lands (shown in red) be appropriately zoned (ie. open space/environmental protection). There is no objection to the remainder of the property being zoned as Rural Residential." The Durham Health Unit: "no objection". The Newcastle Public Works: "I have reviewed the subject application and recommend that the rezoning be granted subject to the owner making application for property access and the Town Works Department installing a required 15" diameter driveway culvert and minor ditching in accordance with present day standards. The costs are outlined as follows:- Property access application. . . .. .. .. . . . . . .$ 30.00 Installation of a 15" diameter culvert including minor ditching - less application costs. . . . . . . . .. .. . ... .. . . . . 430.00 Total cost to applicant. . . . . . . . . . . . .. . . . . .$460.00 " ' -(3) - 4 - The Newcastle Building Department: "The dwelling on the above property was erected in 1974 without a building permit. In 1977, the original Mr. Dennis Thompson and his solicitor, for the purpose of obtaining a mortgage, requested an inspection of the building, which had been substantially completed at that time. They were advised that we would be unable to determine compliance with the building by-law requirements in effect at the time of construction, because the building was essentially complete. It was suggested a consultant be retained to advise on the building's structural stability, as we have no way to determine whether the construction is deficient or not." COMMENT: Staff have reviewed the subject application for rezoning submitted by Mr. & Mrs. Prue and would have no objection to the approval of their application, subject to assurances that this property conforms with the Town's present day standards. However, the onus for providing such assurances should rest with the applicant. We note that if the proposed conditions are not fulfilled by the applicants they will be unable to receive a zoning clearance required to obtain a mortgage for this property, and, would therefore encounter additional problems if they were to dispose of this property at some time in the future. For these reasons, it is suggested that the owners be requested to satisfy all requirements necessary to bring the building into compliance with current standards and have their property rezoned in order to permit the continued use of this site for residential purposes, and, avoid any further complications. Respectfully submitted, k f D.N. Smith, M.C.I.P. Director of Planning EP:lf August 31, 1981 1V -��� THE CORPORATION OF THE TOWN OF NEWCASTLE By-Law Number 81- Being a by-law to amend Restricted Area By-law 1592, as amended, of the former Township of Clarke. WHEREAS the Council of the Corporation of the Town of Newcastle deems it advisable to amend Restricted Area By-law 1592, as amended, of the former Township of Clarke. NOW THEREFORE the Council of the Corporation of the Town of Newcastle ENACTS as follows:- 1. Section 5.3 of By-Law 1592, as amended, is hereby further amended by adding thereto the following subsection (e):- "(e) Leskard Road RR-5 Notwithstanding.any provisions of this By-law to the contrary, that parcel of land designated "RR-5" on the attached Schedule "A" hereto shall be used only in accordance with the following provisions: (1) Permitted Uses (i) One existing single family attached dwelling. (2) Zone Provisions (a) Lot Area (minimum) .46 hectare (b) Lot Frontage (minimum) 51.5 metres (c) Front Yard (minimum) 65.0 metres (d) Side Yard (Minimum) 9.5 metres (e) Rear Yard 11.5 metres (f) Gross Floor Area (minimum) 111.5 square metres (_g) Building Height 10.0 metres 2. Schedule "A" to By-Law Number 1592, as amended, is hereby further amended by changing to "RR-5" the zone designation of the lands designated "ZONE CHANGE TO RR-5" on the attached Schedule "X" hereto. V JI- - Z - By-Law No. 81- 3. This By-law shall come into effect on the date hereof, subject to the provisions of Section 35(10) of the Planning Act. BY-LAW READ a first time this day of A.D., 1981. BY-LAW READ a second time this day of A.D., 1981. BY-LAW READ a third time and finally passed this day of A.D. 1981. Mayor (seal) Clerk