HomeMy WebLinkAboutPSD-022-02
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REPORT
PLANNING SERVICES
Meeting:
Date:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
6/!J-/31-0;;L
Monday March 25, 2002
PSD-022-02
Y/~
ZBA 2002-011
By-law #: :f,loo02 -Q 3(
Report #:
File#:
Subject:
APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: D.G. BIDDLE & ASSOCIATES LTD.
OWNER: JOHN AND JANE DE JONG
PART LOT 15, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1, THAT Report PSD-022-02 be received;
2, THAT the request for removal of Part Lot Control with respect to Lots 1-3 inclusive, on
10M-836 be APPROVED and that the attached Part Lot Control By-law be PASSED;
and
3, THAT all interested parties listed in this report, any delegations and the Regional
Municipality of Durham Planning Department be advised of Council's decision,
(' V-'l---e~ C"-.; "'k _
Submitted by: Davi J Crome, M,C,I.P., R.P,P, Reviewed by: Franklin Wu,
Direc or of Planning Services Chief Administrative Officer
AR*DJC*sn
March 19, 2002
CORPORATION OF THE MUNICIPALITY OF CLARlNGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830
652
REPORT NO.: PSD-022-02
PAGE 2
1.0 APPLICATION
1,1 Applicant:
1,2 Location:
D,G, Biddle & Associates Ud,
Part Lot 15, Concession 3, former Township of Darlington
(Attachment 1),
2,0 BACKGROUND
2,1 Draft approved plan of subdivision 18T-87036 was given final approval and registered on
title as plan of subdivision 10M-836 on June 13th, 1990, This plan of subdivision
consisted of four (4) lots for single detached dwelling units, Unfortunately, the plan as
registered, did not reflect the lot areas as draft approved for Lots 1,2 and 3, As such,
Lots 2 and 3 do not meet the minimum lot size requirements of the Residential Estate
Exception (RE-7) Zone, This error came to light recently when an application was
submitted for a building permit for a single detached dwelling unit on Lot 2,
2,2 On March 12,2002, staff received an application from D,G, Biddle & Associates Ud, on
behalf of John and Jane De Jong for the removal of Part Lot Control in respect to Lots 1,
2 and 3 of Plan 10M-836, The purpose of this application is to allow the lot lines to be
re-aligned to be consistent with the draft approval. Lot 1 will be reduced in size and Lots
2 and 3 will be increased in size in accordance with the original draft approval.
2,3 Staff has circulated notice of this application to the Region of Durham Planning
Department, the Region of Durham Health Department, the Clarington Engineering
Services Department and the Central Lake Ontario Conservation Authority, for
information purposes only, These agencies were all part of the approval process when
draft approval was originally issued and they did not have concerns with the plan as draft
approved,
3. STAFF COMMENTS
3,1 The adjustment of the lot lines through removal of Part Lot Control is preferable to the
alternative of seeking a minor variance in order to ensure that an adequate site area is
653
REPORT NO.: PSD.022.Q2
PAGE 3
available for private services and that the site can accommodate the size of home
proposed, The applicant has preferred this approach to resolving the problem,
3,2 The Planning Act leaves it to the Municipality to determine an appropriate timeframe
during which the by-law shall apply, Staff recommends that the by-law be in force for a
one (1) year period following Council approval, ending March 25, 2003,
3,3 In accordance with the Region's requirements under the delegation of Part Lot Control,
the Municipality attaches the "Unit Type and Number Summary Table", detailing lots and
blocks affected by the Part Lot Control By-law and the unit type and number to the Part
Lot Control By-law (Attachment 3),
4. CONCLUSIONS
4,1 Staff has no objection to the approval of a by-law exempting the subject lands from Part
Lot Control. Attached is a by-law (Attachment 2) to exempt the subject lands from the
provisions of Section 50 (7) of the Planning Act.
Attachments:
Attachment 1 - Key Map
Attachment 2 - By-law for Removal of Part Lot Control
Attachment 3 - Unit Type and Number Summary Table
Interested parties to be advised of Council's decision:
R,C, Annaert
D,G, Biddle & Associates Ud,
96 King Street East
OSHAWA, Ontario
L 1 H 1 B6
John and Jane De Jong
485 Prestwick Drive
OSHAWA, Ontario
L 1J 7R3
654
ATTACHMENT 1
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Removal of Part Lot Control
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Lots 1 to 3, 10M-836
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655
ATTACHMENT 2
THE CORPORATION OF THE MUNICIPAL TIY OF CLARINGTON
BY-LAW NUMBER 2002-
being a by-law to exempt a certain portion of Registered Plan 10M-836 from Part
Lot Control
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to exempt from Part Lot Control, Lots 1-3, inclusive, of 10M-836, registered at
the Land Title Division of Whitby,
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1, That Subsection 5 of Section 50 of the Planning Act shall not apply to those
lands described in Paragraph 2 within the By-law,
2, That this By-law shall come into effect upon being approved by the Municipality
of Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to
the following lands:
a) Lots 1-3, Inclusive, of 10M-836
3. Pursuant to Subsection 7,3 of Section 50 of the Planning Act, this By-law shall be
in force for a period of one (1) years ending on March 25, 2003,
BY-LAW read a first time this
day of
2002
BY-LAW read a second time this
day of
2002
BY-LAW read a third time and finally passed
day of
2002
.
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
656
TABLE 4
PART LOT CONTROL EXEMPTION BY-LAW
Unit Type and Number Summary Table
Registered Plan#: 10M-836
By-law:
Result of Part Lot Control
Exemption on Unit Type and Number
Lots/Blocks Affected
Unit Type & Number
Lot 1
Lot 2
Lot 3
Single Detached Dwelling
Single Detached Dwelling
Single Detached Dwelling
Total
Units 3
651
ATTACHMENT 3
No Change
No Change
No Change
No Change