HomeMy WebLinkAboutP-96-81 1
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 MAY 25,
1981.
REPORT NO. : P-96-81
SUBJECT: Request to amend the Town of Newcastle Building
By-law - Correspondence from R. J. Rutherford
Our File: 2.1
RECOMMENDATIONS:
It is respectfully recommended that:
1. This report be received; and
2. The attached By-law amending By-law 76.24 be forwarded
to Council for approval; and
3. Council adopt the attached policy in respect of the
issuance of building permits.
BACKGROUND:
Planning and Development Committee considered staff report
P-57-81 in respect of the above and passed the following resolution
regarding this matter:
PD-113-81
"That that the matter be referred back to staff to consult
with the solicitor to consider satisfactory arrangements
in the case of Mr. Rutherford."
- 2 -
COMMENT:
Following on the above resolution, staff forwarded the
attached Memorandum of April 28, 1981 to Mr. Sims, the Town Solicitor,
and received the attached reply dated May 8, 1981. It is recommended
that a general amendment to By-law 76-24 be adopted by Council along with
the following procedure in order to allow relief from the provisions of
76124 in the case of Mr. Rutherford and in future requests for relief from
the Building By-law.
Respectfully submitted,
DNS:lb D. N. Smith, M.C.I.P.
May 12, 1981 Director of Planning
-~
MDMOK & 0DUM
TO: D. Sims, Acting Town Administrator
FROM: U. N. 8with, M.C.I .P. , Director of Planning
DATE: April 28, 1981
SODJDCl/ Attached
Our File: 2.1
On April 13" 1981` PIaouiu | and Development
Committee considered staff report P-57-81 and as the attached
Minutes show, rejected staff's reoonooeodytion. Further Cu
.
Resolution #YD-113-81, the Committee wishes to provide Mr.
Rutherford with relief from the provisions of the Dy-law.
Would it be possible, therefore, to amend 8y-law 79-8 to allow
the Planning and Development Committee to act in the stead of
the Chief UullJlug Official by ioaectlog the following words
into the By Istw:
'
"or such other evidence satisfactory to the Planning
and U,v, |oymuoL CoxoolLLeu of Town Council. "
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Encl.
�
Sims HrRAI, Ry Mefngmp i Q.C.
M.C. WINERNEY
BARRISTERS & SOLICITORS J.F. BRADY
May 8 , 1981
Mr. Don Smith, M.C .I .P . ,
Director of Planning,
Corporation of the Town of Newcastle,
Municipal Buildings,
Hampton, Ontario .
LOB lJO
Dear Mr. Smith:
Re : Section 2 . 5 of the Town of
— Newcastle Building By-law
Thank you for your memorandum of April
28th, 1981 suggesting that the by-law might be amended by
incorporating the words "or such evidence satisfactory to
the Planning and Development Committee of Town Council" .
Again I have concerns of the legality of
such provision inasmuch as discretion is being deligated
to a committee of Council and such delegation may not be
upheld by the Court. Moreover, the provision of the by-
law might be attacked on the basis that the provision is
discriminatory.
However, as a practical matter these con-
cerns are probably insignificant given the overall cost
to comply with the requirement in the by-law and the
desire by most people to 'proceed as expeditiously as
Possible with the completion of their building. I endorse
the comments of Report P-57-81 but if there is to be any
exemption granted I would suggest that the by-law 79-8
be amended by inserting the following words into the by-law
Ifor such other evidence satisfactory to Council" .
If you have any questions please do not
hesitate to contact me.
Yo r ruly,
S
Davi , J. D. ims, Q. C.
DJDS :mrs
KI STRF* W111 MY, f-INTARK)LIN 4ZI BOX: 3S8 'FELEPHONE: 668-7704
€6
THE CORPORATION OF THE
TOWN OF NEWCASTLE
BY-LAW NO. 81-67
being a By-law to further amend Town of Newcastle
By-law 76-24.
WHEREAS it is deemed desirable and necessary to require all persons
erecting any building for which a Building Permit has been issued
to confirm that the building has been sited in accordance with such
permit.
NOW THEREFORE the Council. of the Corporation of the Town of Newcastle
ENACTS as follows:
1. Section 2 of By-law 76-24 of the Corporation of the Town of
Newcastle is hereby amended by deleting subsection 2.5 in its
entirety and replacing it with the following subparagraph:
"2.5 Survey Upon Completion of Foundation
Forthwith upon the completion of the construction of
the foundation, the owner, or his authorized agent,
shall submit to the Chief Official a Plan of Survey
prepared by an Ontario Land Surveyor, and bearing his
seal, or a certificate of an Ontario Land Surveyor or
such other evidence satisfactory to Council showing that
the building has been sited in accordance with the permit
L�
BY-LAW READ a first time this 1st day of June A.D. 1981.
BY-LAW READ a second time this lst day of June , A.D. 1981.
BY-LAW READ a third time and finally passed this 1st day of June
A.D. 1981.
MAYOR
(seal)
CLERK
TOWN POLICY
in respect of Section 2.5 of the
TOWN OF NEWCASTLE BUILDING BY-LAW
(BY-LAW 76-24)
1. On the receipt of a written request for relief from Section
2.5 of By-law 76-24 requiring a surveyor's certificate or
survey verifying the location of building foundations, the
Clerk shall refer such request directly to the Chief Building
Official, who shall report to the Planning and Development
Committee on the appropriateness. of the request.
2. On considering the report of the Chief Building Official, the
Planning and Development Committee shall have regard for the
following items:
a) the size and location of the property in question,
b) the zoning of the property in question,
c) the required setbacks as specified in the zoning
by-law,
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d) the proximity of the new use to existing uses on
adjacent lands,
e) the compatibility with adjacent uses, and
f) such other matters as the Committee may consider relevant.
3. The Planning and Development Committee shall make its recommendation
0 ounc an Ie erc o tie Municipality will, dvise the appli-
cant as soon as practicable of the Council's deci8i6n.
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