HomeMy WebLinkAboutPD-192-81 i
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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 GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF DECEMBER 7, 1981.
Report No. : PD-192-81
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SUBJECT: Objections to By-law 81-129
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Part of Lot 18, Conc. 5 (Darlington)
House of Amber (Faber)
Our File: ZA-1-12-4
Recommendations:
It is respectfully recommended that:-
1. Report PD-192-81 be received; and
2. That the following By-law be forwarded to
Council for approval;
BY-LAW 81-
Being a By-law to repeal By-law 81-129
"WHEREAS the Council of the Town of Newcastle has
approved By-law 81-129 amending Restricted Area By-
law 2111, as amended, pursuant to their consideration
of an application for such an amendment, submitted
by the affected property owners.
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AND WHEREAS the intent of By-law 81-129 was to
legalize an existing use and to recognize such use
as a home occupation and to regulate that use.
AND WHEREAS the Council of the Town of Newcastle has
received certain objections to the approval of By-law
81-129, which objections the Council recognizes as
valid concerns of the residents and which objections
indicate that the existing use of the subject property b
has certain adverse effects upon the existing use of +
adjacent properties contrary to the intent of Section \�
16.6.5 of the Durham Regional Official Plan. ��4'
Report No. PD-192-81 page 2
BE IT NOW THEREFORE RESOLVED that the Council of the
Town of Newcastle hereby repeals By-law 81-129" and
3. That the By-law Enforcement Officer and Chief
Building Official take all necessary action to
ensure that the subject property is brought into
compliance with By-law 2111 and the Ontario
Building Code.
Background:
In September of 1980, acting upon an enquiry from a member of
the public, the planning department requested the Town's By-law
Enforcement Officer to investigate the apparent contravention of
the Darlington By-law. On September 23, 1980, the owner of the
subject property was requested, in writing, to cease and desist
their contravention of the by-law. It had been determined, at that
time, that the property owner was operating a retail sales outlet
contrary to the provisions of the "R-3" Residential zone.
On November 20, 1980 staff received an application for an
amendment Ur the zoning by-law. In reviewing the subject application
staff determined that the illegal use was established in 1972 and
that certain changes to the existing structures had been made with-
out benefit of building permits. Consequently not only was there a
by-law contravention but also a contravention of the Ontario Building
Code. In an attempt to correct the situation staff recommended that
the subject property be rezoned to recognize the existing use, pursuant
to Section 16.6.5 of the Durham Regional Plan; that the applicant enter
into a development agreement with the Town; and that the applicant
apply for building permits for the altered structure, to ensure Building
Code compliance. The aforesaid recommendations were contained in Staff
Report P-33-81 which was considered and approved by the Town's Planning
Committee and Council on February 16, 1981 and February 23, 1981,
respectively.
On September 14, 1981, Staff Report P-142-81 was considered and
approved by the Planning Committee. Said report recommended execution
of a development agreement between the Town and the applicants and
that Council approve a by-law amendment pursuant to their prior reso-
lution of February 23, 1981. This recommendation was endorsed by
Council on September 21, 1981 and By-law 81-129 approved.
On October 14, 1981 the Town Clerk undertook the circulation of
the subject by-law. Three objections were received in response to
that circulation and these are summarized below.
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Report No. : Pd-192-81 Page 3
Mr. & Mrs. H. Potter
Mr. and Mrs. Potter have objected to the subject by-law on the
grounds that there was no prior notice of this proposed rezoning, the
fact that two businesses are being operated within a residential area,
and that the parking situation during special events is hazardous.
Mr. & Mrs. C. Musgrave
Mr. and Mrs. Musgrave have objected to the subject by-law on the
basis of the following points:
1. The subject business has operated for some seven years in
contravention of the Town's by-laws;
2. There was no prior notice of the proposed rezoning;
3. There are two businesses presently operating from the
residence;
4. This is a residential area;
5. The businesses devalue their property;
6. Lighting associated with the businesses creates a nuisance
and interferes with their enjoyment of their property.
7. Parking is inadequate and overflows onto the street;
8. Noise of traffic entering and leaving the parking area
disturbs their dog resulting in further nuisance to them-
selves and other neighbours;
9. The store was never part of the residence but a converted
garage.
Mrs. I Payne
Mrs. Payne has objected to the by-law on the grounds that the
gift shop was never part of the residence but formerly a woodshed and
garage, the fact that advertising exceeds the existing small sign and
includes newspaper advertisements, the applicants have continually
disregarded local by-laws including structural changes without permits,
the sale of food in the shop and the fact that a second business is
operating from the dwelling.
Comments:
The subject by-law was approved by Council pursuant to Section
16.6.5 of the Durham Regional Official Plan. Said Section permits
Council to pass by-laws to recognize existing uses provided that Council
is satisfied that such uses have no adverse effect on the present use
of the surrounding lands or the implementation of the provisions of the
Official Plan.
Staff report P-33-81 recommended approval of the subject by-law
subject to the applicant entering into a development agreement. Such
an agreement was prepared and executed by the Town and the applicants
and was intended to reinforce the subsequently approved zoning by-law
and restrict future changes in use without an appropriate amendment
which would require Council's approval.
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Report No. : PD-192-81 Page 4
The aforesaid development agreement and zoning by-law were
recommended for approval by Staff Report P-142-81, and were based
upon the interpretation of the existing use as a "home occupation".
Staff note that the by-law originally proposed for approval contained
specific provisions aimed at limiting the existing use to a home
occupation. That is, an occupation conducted from a residence which
employs only persons residing in that residence and does not change
the character of the residence nor creates a public nuisance relative
to noise, traffic or parking. That by-law was modified by the
Committee to exclude the clauses limiting this to a home occupation
and was subsequently adopted by Council as By-law 81-129.
Staff have reviewed the objections of the residents and are
satisfied that they are valid concerns which require Council's
attention. Staff are very concerned about the fact that a second
business is being operated from the residence. A business which
was never previously disclosed by the applicants and which in all
probability was commenced subsequent to the passing of the existing
zoning by-law and which therefore is also illegal. This business was
not given consideration during the rezoning process or the development
agreement process. The applicants therefore are and were in default
of both the by-law amendment and the development agreement prior to
the approval of either one.
Furthermore, in light of the comments received from the objectors,
staff are not convinced that the nature and scale of these operations
can any longer be considered as a "Home Occupation". Obviously, the
residents have experienced a great deal of nuisance relative to lighting,
traffic and parking and although the development agreement was intended
to protect the residents from such complaints, this business has, on
occassion created traffic and parking problems which would not be con-
sistent with a home occupation. In that regard, the existing use of
the property would not appear to satisfy the requirements of Section
16.6.5 of the Durham Regional Official Plan relative to adverse effects
upon surrounding lands and the subject by-law should not have been approved.
In view of the foregoing, staff have no hesitation in recommending
that By-law 81-129 be repealed and that the owners of the subject pro-
perty be ordered to comply with the Town's Restricted Area (zoning) By-
law and that By-law Enforcement and Building Staff take all necessary
action to ensure compliance with Municipal. and Provincial regulations.
Respectfully submitted,
TL T. Edwards, M.C.I.P. ,
TTE:cc Deputy Director of Planning.
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SaIMUU 1 5(a)
THE CORPORATION OF THE
TOWN OF NEWCASTLE po j ��'.
��. 11y-lata No. 81-1'1.9
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a by-law to amend Restricted Area By-law Number
2111, as amended, of the former Township of
Darlington.
WHEREAS the Council of the Corporation of Clio Town of Newcastle deemw
it advisable to amend Restricted Area By-law Number 2111, as amended,
of the former Township of Darlington.
NOW THEREFORE the Council of the Corporation of the Town of Newcastle
ENACTS as follows:
1. Map 13 of Schedule "A" to By-.law 21L1, as amended, is hereby
further amended by changing to SPECIAL PROVISION BY-LAW 81-
the zone designation of the lands designated "ZONE CHANGE To
SPECIAL PROVISION BY-LAW 81-129" on the attached Schedule "X"
hereto.
2. Section 13 of By-law Number 21LL, as amended, Is Hereby further
amended by adding thereto the following subsection 'aa' :
Naa) Part of Lot 1.8, Concesstoii 5
Notwithstanding any provisions of this By-law to the
contrary, that portion of Lot 18, Concession 5 designated
"SPECIAL PROVISION BY-LAW 81-12 Y on the attached Schedule
"A" hereto shall be used only in accordance with the fol.lowit
provisions. In the event that there is any conflict between
the provisions of this SPECIAI, PROVISION and any other pro-
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vision of this By-law 21.11, as amended, then the provisions
2 -
applicable to an RL Zone, as specified by this By-law
2111, as amended, shall apply.
1. Permitted Uses
(a) one single family dwelling and buildings and structures
accessory thereto
(b) an antique and gift slop which is wholly contained within
the single family dwelling provided that:
0 ) not more than 30% of the area of the dwelling unit
shall be used for tko sale of antiques and gifts;
(ii ) there shall be no advertising other than a non-illum-
inated sign not more than 0.1 square metres in area;
(110 Lhere shall lie no external Mrage of goods or mnt'er.iz
on the lands so designated;
(iy there shall be no mechanical or other equipment used
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except that which is customarily employed in dwellings
for domestic or household purposes; and
(v ) the lands so designated shall be used in accordance
with the provisions of subsection 2 hereto.
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2. Zone Provisions
(a) Lot Area (minimum) 1025 ,0 m2
(b) Lot Frontage (minimum)
20.E in
(c) Front Yard (minimum) 15.0 m
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(d) Interior Side Yard (minimum)
(i) main building 1.5 m
accessory building 0. 75 m
(e) Rear Yard (minimum)
(i) main building 10.5 m
(ii) accessory bull.dtag 0.5 111
(f) Parking Space (minimum) 5
(g) Lot Coverage (maximum) 18%
3. This By-Law shall come into effect on the date Hereof subject
to the provisions of Section 32 (25) of the Planning Act.
BY-LAW READ a first time this2lst clay of September , A.D. 1981.
BY-LAW READ a second time this2lst day of September , A.D. 1981.
BY-LAW READ a third time and finally passed this 2 1;;t day of September.
A.D. 1981.
G. B. RICKARD, Mayor
(seal)
D. W. OAKHS, GNU,
THIS IS jCHEDUL.E 'X' TO BY-L-AW 61- 12 ` ,
PASSED THIS 21st DAY OF �Ll' °"beA. D. 1981 .
N 520 39' 20='E 50.29" m
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6 MIN a T "PERRY'S �Nj '
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U 8 N 520 II' 30" E
(n 50.292m
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ELGIN STREET
ZONE CHANGE TO SPECIAL PROVISION BY-LAW 81-lzq
SCALE 1' 500 m
10 5 0 10__ 20m 30m
G.B. 1ckard ,Mayor i
(SEAL )
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0.W. Oakes , Clerk
SQIEDULE, 2 ii
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SCALE IN MILES
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KEY MAP FOR BY- LAW 8l ---L2-9.
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