HomeMy WebLinkAboutP-121-80 �41 9
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1.10 TEL. (416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF JULY 7, 1980
REPORT NO. : P-121-80
SUBJECT: Application for Rezoning Number Z-A-1-4-5
Part of Lot 21, Concession 2, former Township
of Darlington - Thomas & Beatrice Clarke
BACKGROUND:
The subject application requests an amendment to the Darlington
Zoning By-law to rezone a 1858.0 square metre (20,000 square feet)
parcel of land on Part of Lot 21, Concession 2, of the former Township
of Darlington. The applicants have been reportedly operating a hair-
dressing salon and travel agency from their residence and are now in-
tending to rezone this property in order to permit these uses.
The site is designated "Major Open Space" in the Region of Durham
Official Plan. The existing use of this property as a hairdressing salon
and travel agency are not permitted uses under this land use designation.
However, Section 16.6.5 of the Plan would allow the Council of the area
municipality to zone to permit the continuation, expansion or enlargement
of existing uses provided that such existing uses have no adverse effect
on the surrounding uses.
The application was circulated to the Durham Planning and Works
Department, the Durham Health Unit, Ministry of Transportation and
Communications, Ontario Hydro, Newcastle Works Department, Newcastle Fire
Department and the Long Range Planner for the Town of Newcastle.
(q)
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The Durham Planning and Works Department submitted the following:
"Please be advised that the subject property is designated "Major
Open Space" in the Durham Regional Official Plan. Notwithstanding
policies under Major Open Space System, Section 16.6.5 permits the
continuation of existing uses provided that such uses are compatible
with surrounding uses.
Sewer and water services are not available in this area."
The Ministry of Transportation and Communications stated the following:
"No objection to rezoning application, applicant should be made
aware that some property will be required for future widening of
Highway #2."
The Newcastle Fire Department submitted the following:
"The Fire Department has no objection to the above application.
Class D Occupancy - Occupancy or alterations in conjunction with
"Requirements for Fire Safety within floor areas".
The Long Range Planner advised the following:
"Proposed uses are not permitted within Major Open Space Areas
as defined by the Regional Official Plan. Section 16.6.5 would
nit apply in this case, bearing in mind recent Ontario Municipal
Board decisions on similar cases of illegal non-conforming uses.
Consideration of commercial nodes as per Section 8.3.2.2 would
not apply since this is not a special purpose commercial use and
is illegal non-conforming.
If proposal is considered a home occupation, then a special pro-
vision By-law might do so, as long as it specifies home occupation
and did not give site a commercial status. This would prevent
future redevelopment for commercial uses which should be discour-
aged along Highway #2 in this area. Recommend application be denied."
The following agencies had no objection to the proposed rezoning:
Ontario Hydro
Durham Health Unit
Newcastle Public Works Department.
COMMENTS:
Staff have reviewed the proposal submitted by Mr. and Mrs. T. Clark
and fe l that rezoning to recognize the existing, apparently illegally
established uses would not ordinarily be appropriate. As noted, the
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