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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. " / y �1� 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, i 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. i i s i