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Home My WebLink AboutCD-51-96 THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT General Purpose and Administration Committee Meeting: File# XA Date: Monday, October 7, 1996 Res. Report#: CD-51-96 File#: By-Law# Subject: REQUEST FOR EXEMPTION FROM BY-LAW REQUIREMENTS Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report CD-51-96 be received; 2 . THAT the request from Mr. John Rice for an exemption from the Zoning By-law be denied; and 3 . THAT Mr. John Rice be advised of Council' s decision. On September 26, 1996 staff received a request from Mr. John Rice requesting permission to use his property at 151 Wellington Street, Bowmanville, for public parking during the Apple Festival and Craft Sale on October 19, 1996, (see Attachment #1) . In April 1995, staff presented a report on Mr. Rice' s property, (see Attachment #2) . Mr. Rice had been convicted of using his property for a parking lot on March 21, 1996 . This followed a long series of letters and discussions with Mr. Rice over the use of his land. Staff understand that this request is for one time only, unfortunately it creates certain problems. To allow Mr. Rice to use his land in the same manner would be to condone a further violation of the By-law and could create a precedent in any future discussions over the permitted uses of the land. Staff therefore respectfully recommend that his request be denied. Respectfully submitted, Reviewed by, Pat f L. rie, C.T. W.H. Stockweil Town Clerk Chief Administrative Officer LC*PB*mh . I PAPER 70 R PA PIED 6 THIS 2 PRIMED UL RECYCLED PAPER ATTACHMENT X11 RICE RICE & COMPANY &Co. O 4 ST.GEORGE STREET SOUTH,BOWMANVILLE,ONTARIO.LIC 2K6 (905)623-1622 /ov r 0--"/ WA-ro-q--Aj Irl k'-t-�v�' J—1 ✓ 6 X1 1 c.4� �,. 67 L/ 1 Arr�.c— .„J G "� r__... .., � ,,._., ...'l...µ.'• . ._..._1 r Attachment #2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # L) 3 Date: April 3, 1995 Res. # Lo P - a4z+-9S Report #: CD-14-95 File #: By-law # Subject: ZONING CHARGES LAID AGAINST JOHN RICE 151 WELLINGTON STREET, BOWMANVILLE Recommen atiorts: Yt is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD-14-95 be received for information. INTRODUCTION: At its regular meeting on March 27, 1995, Council instructed staff to prepare a report on its enforcement activities involving John Rice and his property located at 151 Wellington Street, Bowmanville. On March 21, 1995, Mr. Rice was convicted in Provincial Court for a contravention of the Municipal Zoning By-law 84-63. BACKGROUND: A complaint was filed with the By-law Enforcement Division on May 11, 1992 concerning the property located at 151 Wellington Street, Bowmanville. Among other things, it was alleged that the lot was being used as a leased parking lot. The owner of this property was John Powell Rice. A check with the Municipality's Planning Department confirmed the property to be zoned "Holding Urban Residential Exception ( (H)R4-8) " , therefore the use of the land is restricted to "existing residential uses and conservation, forestry and uses exclusive of livestock operation" , as per Section 3 . 9 of the Municipality's Comprehensive Zoning By-law 84-63 as amended. In addition, legal non-conforming uses, which existed on the date of the passing of the original restrictive By- law and have continued as such are permitted on the property (reference Sec. 3 .5 (a) ) . In order to establish a lawful non-conforming use it would have to have been a permitted use on the land pursuant to the previous Zoning By-law; in this case the Town of Bowmanville By-law #1587 . The use would have had to continue uninterrupted through to the present time. 708 REPORT CD-14-95 PAGE TWO The former Town of Bowmanville By-law #1587 designated the property in question as Residential. This designation did not permit the use of the land for a parking lot. A parking lot operation was restricted to Commercial and Industrial zones . When the current Zoning By-law 84-63 was enacted it did not substantially change the permitted uses on the property. INSPECTIONS: Staff first inspected the property in May of 1992 . At that time a sign was posted facing onto Scugog Street indicating parking at $20.00 per month and listed two telephone numbers . Another sign on the same location advised that unauthorized vehicles would be tagged and towed at the owner's expense. A letter was sent by registered mail to Mr. Rice advising him of the situation and contravention. Mr. Rice subsequently attended the By-law Enforcement office, spoke to staff and accompanied them to the site. All matters involving the property were addressed at that time. Mr. Rice did take some action to correct various matters and bring the property into compliance with the By-laws. The one matter - not corrected was the removal of the signs. which indicated that the land was still being used as a parking lot. In March 1994, staff received complaints that the property was once again being used:as a "leased parking lot" . An inspection revealed the above noted signs had not been removed, as well, several vehicles and buses were observed parked on the lot. A second letter was sent to Mr. Rice requiring him to cease the use forthwith. Subsequent to this letter, the sign depicting leased parking was removed and the parking lot apparently ceased to operate. In September 1994 staff received a third complaint on the property. Once again it appeared that the lot was being leased for the parking of school buses . A third letter was sent to Mr. Rice advising him once again that the vehicles could not be parked there. He was instructed to remove the vehicles by October 3, 1994 and was cautioned that the site would be monitored after this date and should the use remain or reappear, further action would be initiated pursuant to the provisions of the By-law. On November 21, 22, 23 and 25 the site was inspected and on each of these occasions there were at least two full size yellow Trentway-Wager school buses on-' site. As a result, charges were initiated pursuant to the By-law. A First Appearance was set for January 17 , 1995 . At that time Mr. Rice failed to appear and the matter was adjourned to March 21, 1995 for trial. On several occasions Mr. Rice contacted staff and members of Council in an attempt to resolve the matter. Mr. Rice *was advised that he would have to prove to the court that he had a lawful non-conforming use. 709 r` REPORT CD-14-95 PAGE THREE Mr. Rice presented staff with documentation purporting to be a lease agreement with the School Board to park buses on the lot. On February 24, 1995 a letter was sent to Mr. Rice advising him that it continued to be staff's position that the use of the property as a parking lot was a violation of the provisions of the Municipality's Zoning By-law. He was also informed that this matter had been adjourned,by a Justice of the Peace to March 21, 1995 for trial and that if he failed to attend on that date the matter would proceed without him. In February Mr. Rice attended at the By-law Enforcement office and spoke to staff concerning the matter. Staff advised him again that he had to prove - a lawful non-conforming use. Mr. Rice advised that he had retained a solicitor and was preparing affidavits to prove that his operations were legal. When these arrived, they were reviewed by staff and found to be insufficient to establish a lawful non-conforming use that would permit the property to be used for a parking lot. On March 21, Mr. Rice attended Court for his trial. Mr. Rice chose to appear without the benefit of legal counsel. At the conclusion of the trial the Justice of the Peace convicted Mr. Rice of the offence and imposed a fine. Mr. Rice was given six months to pay the fine. His Worship did not issue a Prohibition Order which could have prohibited the use of Mr. Rice's property contrary to the Zoning By-law. Respectfully submitted Reviewed by atti 'Barr i , A.M.C.T. W. H. Stockwell T Clerk Chief Administrative Officer PLB/LC/MH i 710 i