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HomeMy WebLinkAboutPD-184-81 Gtr. 3S. r�� � `✓- ��� 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 GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF�DECEMBER 73 1981 REPORT NO. : PD-184-81 SUBJECT: Application for Rezoning Z-A-3-6-9 Part of Lot 32, Concession 7 Former Township of Clarke Denis and Vella Prue Recommendations It is respectfully recommended: 1. That Report PD-184-81 be received; 2. That the subject application Z-A-3-6-9 be approved; and 3. That the attached by-law be forwarded to Council for approval at such time as the Applicants have ful- filled 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 than the Applicants must ensure that alterations are undertaken to bring the structure into conformity with the Code; Report No.: PD-184-81 Page 2 I (iii) That the existing driveway culvert and minor ditching be brought into conformity with the present Town of Newcastle standards, 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 is satisfactory and in compliance with the Health Unit standards. Background.. On September 28, 1981 the Planning and Development Committee considered staff Report P-161-81, attached in respect of the above referencedsubject matter. Said Report recommended that the attached by-law be forwarded to Council for approval at such time as the applicant had fulfilled certain specified conditions. By Resolution PD-325-81, the Report was referred back to staff for further con- sultation with Mr. Prue. Comments As was discussed at the Committee meeting, there were six conditions of approval suggested. The first four of these related to the circum- stances surrounding the original construction of the dwelling. The other two relative to the existing building located in the flood plain and the payment of the Town's development charge were suggested in accordance with the Town's normal procedures when dealing with flood susceptible lands and new development. The discussion arising from the Committee meeting seemed to indicate to staff a willingness on the Committee's part to reconsider the various requirements which staff were recommending as conditions of approval. In view of that, staff have undertaken a further review of these matters and are unable to support any change to the first four requirements which were directly related to compliance with various provincial and municipal codes and standards. However, the status of the existing building presently located within the flood plain has been clearly established as legally non- conforming. In that regard, it could be permitted to remain without affecting the intent of the zoning by-law which is to prohibit new or further buildings within flood plath areas. We must remind the Report No. : PD-184-81 Page 3 Committee, however, that it is the intent of the Official Plan and the zoning by-law that such legally non-conforming uses should in the long run cease to exist. For that reason, we are not suggesting any changes to the zoning by-law to recognize this use within the flood plain. It may, however, continue as legally non-conforming. The matter of the payment of the Town's development charge has also been reviewed by staff. Paragraph 2 of By=law 76-58 which establishes lot development charges clearly requires payment of these charges where development or redevelopment of land involves a severance or a rezoning. Paragraph 4b of that by-law further ex- pands on this requirement and requires the payment of these charges prior to the passing of a by-law amendment. However, a review of the preamble to the by-law reveals that it is the intent of the by-law to only require development charges where there is a net increase in the number of dwelling units that would otherwise be permitted. In that regard, a prior severance of a lot resulted in a net increase of one unit. A lot development charge was paid relative to that severance. Therefore, the subject rezoning would not result in any further increase since prior to the severance one permit would have been available for the lot as it existed then. Staff would therefore have no objection to the waiving of this requirement. On November 20, 1981 staff discussed the proposed rezoning and staff's earlier recommendations with Mr. Prue. Mr. Prue has agreed with staff's suggestion that the earlier requirements, relative to the building in the flood plain and the lot development charge, be dropped. However, Mr. Prue does not agree with staff's position that the other requirements remain unchanged. It is Mr. Prue's opinion that this situation has developed directly from the actions of the Town. He suggests that the Town is responsible through lack of action in enforcing the building regulations in place at the time and through lack of action in having the building demolished at the time of the building infractions. Mr. Prue has further suggested legal action will be taken against the Town relative to this matter, if he is forced out of the property by what, he feels, are onerus requirements. Staff, in reviewing the files, are satisfied that the Town has consistently attempted to have the non-complying situation rectified, in that regard. Mr. Prue has confirmed that he was aware of the background surrounding construction of the house and yet he still acquired the property. By so doing he has accepted certain obligations to comply with municipal and provincial regulations. He has also indicated that at the time of acquisition his lawyer obtained confirmation from the Town indicating that no further action was to be taken by the Town relative to the house. Staff have reviewed the department's files and attach a copy of a letter, from Mr. D. Smith, to the solicitors for the applicant, which confirms that the Town will not be proceeding with an injunction earlier granted in respect of the subject building. Said letter also indicates that the building (C) Report No. : PD-184-81 Page 4 was erected without a permit and that we are unable to confirm compliance with the Ontario Building Code. The letter does not relieve the municipality of any obligation to satisfy itself as to Building Code Compliance prior to amending the zoning by-law to legalize the existing use. Mr. Prue has indicated that both he and his mortgage company accept the fact that the building may not comply with the Code and are only concerned with by-law compliance. While it is possible to rezone the lands to permit the existing use, by doing so the Town would be accepting the non-complying nature of the dwelling and at the same time ignoring the past circumstances surrounding its construction. Staff cannot, in good conscience, recommend such action since it would only perpetuate the existing situation which prior Councils have indicated as being unsatisfactory. Witness their legal proceedings against Mr. Thompson the builder of the house. To, at this time, legalize the situation would be contrary to the intent of those actions which has consistently been to bring the property into compliance with both the applicable building reg- ulations and zoning By-laws. As stated above, Mr. Prue contends that the Town is, in part, responsible and should now rezone the property to correct the situ- ation. Staff cannot accept this argument since Mr. Prue did purchase the property fully aware, by his own admission, that the house was illegally constructed,in terms of both the then applicable building regulations and zoning by-laws. The Town has, id staff's opinion, a responsibility to ensure compliance with Municipal and Provincial regulations. If the Town is not satisfied as to such compliance then no action should be taken which would violate the inherent protection to ratepayers manifest in those regulations and by-laws. The onus of compliance must, therefore, remain with the applicant and the property only rezoned upon meeting the Town's requirements as outlined by the staff recommendation. Respect-fu submitted, s T( T. Edwards, M.C.I.P., TTE:c,c Deputy Director of Planning. Zk „1' `h CORPORATION OF THE TOWN OF NEWCAST LE s<<) PLANNING AND DEVELOPMENT DEPARTMENT HAMPTON,ONTARIO LOB 1JO D.N.SMITH,M.C.I.P.,Director TEL. (416)263-2231 January 8, 1980 Messrs. Van Nest & Sebert Barristers and Solicitors 118 King Street East P. 0. Box 145 BOWMANVILLE, Ontario LIC 3K9 Dear Sirs: Re: Prue (property formerly Thompson property) Part Lot 32, Con 7, Clarke Further to your letter of January 3, 1979 regarding the above, please be advised that the Town of Newcastle has undertaken the rezoning of the above-mentioned property to' permit a single- family dwelling and accessory buildings under an "RR-3" zoning category. By-law 79-136 of the Town of Newcastle was adopted on December 3, 1979 by Town Council and will be circulated to all property owners within 400 feet (as per Municipal Board regulations) in the near future. In light of the action to rezone the subject property, it may be assumed that the Town will not be proceeding with the injun- ction referred 'to in your letter. It should be noted that as the building on the property was erected without a building permit, it is not possible to indicate whether the building complies with the Ontario Building Code. I trust this infor- mation will be of assistance. Yours very truly, DNS:Ib D. N. Smith, M.C.I.P. Director of Planning 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 rea (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. - 2 - 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, R.S.O. 1970. 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 THIS IS SCHEDULE 'X' TO BY-LAW 81-.�, PASSED THIS DAY OF A. D. 1981, RD. ALLOW. BTW. CONC. 7 and 8 N77 002 30°E z 81 982rrr, M� E m MO rn 0 co O � 2 NBSv z 2?.432m N72041'E 74.774m (SEAL ) 11ZONE CHANGE TO RR-5" G.B. Rickard, Mayor 0 100 200 400m 200 50 D.W. Oakes, Clerk KEY MAP FORMER TOWNSHIP OF CLARKE 1 =25000