HomeMy WebLinkAboutP-82-81 CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL.(416)263-2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF APRIL
27, 1981.
REPORT NO.: P-82-81
SUBJECT: Committee of Adjustment Decision
Application A 10 81
J. W. Tweedie, 11 Cedarcrest Beach
Part of Lot 13, Broken Front Concession,
former Township of Darlington
RECOMMENDATIONS:
It is respectfully recommended that the Planning and
Development Committee recommend to Council the following:
1. That Report P-82-81 be received; and that
2. Staff's actions in respect of the filing of notice
of appeal of the Committee of Adjustment decision in
respect of application A 10/81 be endorsed; and that
3. Planning staff and/or the Town's solicitor be authorized
to attend the Ontario Municipal Board hearing in respect
of this appeal on behalf of the Town.
BACKGROUND & COMMENTS:
On March 20, 1981, staff reviewed, and provided comments in
respect of application for minor variance A 10/82. The subject application
d
- 2 -
requested a variance to construct an addition to what was repre-
sented as being a non-conforming summer cottage, presently located
on Cedar Crest Beach. A copy of our staff comments are attached for
the Committee's information. As indicated therein, the subject building
was the subject of a similar application for variance in 1979. At that
time, the building was represented as being a residence. There is no
record of comments from Town staff at that time.
Staff's concerns arise from the fact that By-law 2111, as
amended, zones this property as 'A-Agricultural' . Under that designation
a permanent residence is not permitted. The nature of the variances re-
quested, and the fact that this property appears to be occupied on a
year round basis, leads us to conclude that the use of the property
does not conform to the by-law. Staff, therefore, requested as a
condition of approval of the variance, that the Committee of Adjustment
require the applicants to provide either an Affidavit attesting to the
legal non-conformity of the property (i.e. that the use predates the
by-law and has been continuous from that time) or that the applicant
provide the Town with an agreement which would guarantee the property
would only be used as a summer cottage.
On April 8, 1981 the Committee of Adjustment approved the
requested variance unconditionally. It is our opinion that, in doing
so, the Committee did not determine if the use was legally non-conforming,
nor did they maintain the intent of the zoning by-law.
Accordingly, staff have filed, with the Secretary Treasurer
for the Committee of Adjustment, the attached notice of appeal accompanied
3 -
by the appropriate fee of seventy-five ($75.00) dollars, which is
non-refundable. This action in order to meet the last date of appeal
being May 1, 1981. We are, therefore, at this time seeking confirmation
that Council wishes to proceed with this appeal and authorization for
planning staff and/or the Town Solicitor to represent the Town at the
Ontario Municipal Board hearing in respect of this appeal.
Respectfully submitted,
u
TTE:lb D. N. Smith, M.C.I.P.
April 21, 1981 Director of Planning
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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 1.10 TEL. (416)263-2231
April 10, 1981
Mrs. C. Clemens, Secretary-Treasurer
Corporation of the Town of Newcastle
Committee of Adjustments
Municipal Building
HAMPTON, Ontario
Dear Mrs. Clemens:
_ Re: Committee of Adjustment Application
A 10/81 - J. W. Tweedie
Part of Lot 13, Broken Front Concession,
former Township of Darlington
Please accept this letter as notice of appeal by the
Town of Newcastle in the matter of the Committee of Adjustment's
decision of April 8, 1981 in respect of the above noted application
for variance pursuant to Section 42 (13) of the Planning Act.
The severity-five ($75.00) dollar appeal fee prescribed
by the Ontario Municipal Board is enclosed.
Yours very truly,
TTE:lb D. N. Smith, M.C.I.P.
Encl. Director of Planning
015365�
CORPORATION OF THE TOWN OF NEWCASTLE -(,)
)J,
VOUCHER AMOUNT CREDITS TOTAL INVOICE DATE:
75.00
75.00 Apr. 15/ 1
Appeal Fees - O.M.B.
DETACH AND RETAIN THIS STATEMENT FOR YOUR RECORDS
CORPORATION OF THE TOWN OF NEWCASTLE
015365
40 TEMPERANCE STREET,BOWMANVILLE,ONTARIO LIC3A6
PAY
TO THE Treasurer of Ontario 75.00
ORDER
NUMBER DAY MO. YR.
OF
09903 15 4 81
MAY
GENERALACCOUNT
CANADIAN IMPERIAL BANK OF COMMERCE TREASUIRER iv
BOWMANVILLE,ONTARIO
1:0444 2-0 101: 26...00 6 1 7111
Dye&Durham Co.Limited,160 Bartley Drive,Toronto
Law and Commercial Stationers
V/li �i bi Lj
W n}y b}� N /, a Form No. 147
�t�er of title to Part Lot 13,
PROVINCE OF ONTARIO Broken Front Concession, former Township
of Darlington, now within the limites of the
Town of Newcastle, Regional Municipality of
Durham
TO WIT:
I, Gladys Tweedie
of the Town of Newcastle in the Regional
Municipality of Durham
SOLEMNLY DECLARE THAT
1. I am the present owner of the above refered to property and have
owned it since May, 1977.
2 . I am advised and do verily believe that this lot was created in
1957. By Instrument No. 3550 the property was transferred to
Edward and Phyllis Deluca on May 6 , 1957.
3. On April 26th, 1981 I spoke to my neighbour, Marion Faryna who
lives at 47 Cedarcrest Beach and she informed me that she was
- familiar with Mr. & Mrs. John Warrack who purchased the property
from Mr. & Mrs. Delucca on July 31st, 1958 by instrument No.
6711. Mrs. Faryna advises that Mr. & Mrs. Warrack lived on the
subject land from their date of purchase of the property.
AND I make this solemn Declaration conscientiously believing it to be true, and knowing
that it is of the same force and effect as if made under oath,
DECLARED before me at the Town
of Newcastle,
in the Regional Municipality of
Durham
Glady Twee die
this � � day of ', � 198-/
A Commissioner, etc.
I
Bated 19
IN THE MATTER OF
P '
tatutorp eclaratto
of
Dye&Durham Co.Limited,160 Bartley Drive,Toronto