HomeMy WebLinkAboutTM-133-79 TM--133-79
TO: His Worship the Mayor and Members of Council
FROM: A. C. Guiler, Town Manager
DATE: December 17th, 1979
SUBJECT: F. J. Obrist and N. Lombardo
Request for extension of time to inhabit an
existing dwelling during construction of second
single family dwelling on same parcel of land
During the past two months Council has received requests from the above
property owners for an extension to the six month agreements for the
removal of the second dwelling on their property.
The request of F. J. Obrist was tabled pending delivery of a certificate
of a land surveyor stating that the new building was sited in accordance
with the zoning by-law and the request of Lombardo was approved.
In preparing the new agreement for Lombardo we note the provisions of
the zoning by-laws are as follows:
''However, the continued use of an existing dwelling on a lot
for Residential purposes may be permitted by Council on a
4 �} temporary basis while a second single family dwelling is under
(, construction, provided that the existing dwelling may only
be used for this purpose for a period of six months commencing
from the date construction is begun on the second dwelling,
and provided further that the existing dwelling shall be
demolished immediately upon the expiration of this six month
period or the occupation of the new dwelling, whichever occurs
first."
The existing zoning by-laws only llow temporary y a use to continue for
a period of six months from the date construction began on the second
dwelling and it is not. in order for Council to direct the Mayor and
Cleric to execute an agreement with Mr. Lombardo and Mr. Obrist for a
six month extension as it is contrary to the existing by-laws.
If Council wishes to have the authority to extend temporary uses on
property then they must pass the appropriate amendments to the Clarke
and Darlington By-Laws.
Recommendation: 1. 'Phat Resolution #C-1598-79 be rescinded as it is
contrary to the provisions of the zoning by-laws.
(T 4