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Home My WebLink AboutPD-040-01 ~ . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Report #: PD-040-0 I File#: ZBA200l-010 File # ])}j2,f;l;?{jJ /-0 / () Res. # Gl&.7!Y-{) I By-law #2ud -07D Meeting: General Purpose and Administration Committee Date: 11onday, J\pril 23,2001 Subject: REMOVAL OF PART LOT CONTROL APPLICANT: DELTA-RAE HOMES PART LOT 17, CONCESSION 1, FORMER TOWNSIDP OF DARLINGTON FILE: ZBA 2001-010 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-040-01 be received; 2. THAT the request for the removal of Part Lot Control in respect of Lot 16 on Plan 40M- 2005 be APPROVED; 3. THAT the attached Part Lot Control By-law be APPROVED and forwarded to the Regional Municipality of Durham pursuant to Section 50 (7.1) of the Planning Act; and, 4. THAT all interested parties listed in this report and any delegation be advised of Council's decision. 1. BACKGROUND 1.1 On March 28,2001, Staff received a request from Delta-Rae Homes for the removal of Part Lot Control with respect to Lot 16 in Plan 40M-2005. This property is located in Part Lot 17, Concession I, former Township of Darlington. The property is located at 61 Padfield Drive in Bowmanville. 1.2 Dwellings have already been fully constructed on both Lots 15 and 16 in Plan 40M-2005. In its present location, the dwelling on Lot 16 does not comply with Ontario Building Code property setbacks for the number of windows within the side wall. The lot line would need 619 .. REPORT PD-040-01 PAGE 2 to be moved approximately 0.06 metres (2.5 inches) to accommodate these requirements. Attachment 2 provides an exaggerated perspective of the proposed lot line change. 1.3 The removal of Part Lot Control would enable the property line between these lots to be relocated as proposed and resurveyed. The lots are in a registered plan of subdivision. Therefore, there is an existing agreement in place to cover the Municipality's interest, including payment of parkland dedication and development charges. 2. STAFF COMMENTS 2.1 Staffhave no objection to the approval of the By-law exempting the subject lands from Part Lot Control. The lot line shift is minor in nature, complies with the Zoning By-law, and would not impact the location and function of the drainage swale between the Lots 15 and 16. A slight bend in a fence would be required if one were to be erected between the dwellings. 2.2 Attached is a By-law to exempt the subject lands from Section 50(5) of the Planning Act, pursuant to the provisions of Section 50(7) ofthe Planning Act. The Part Lot Control By- law requires the approval of Council and the Regional Municipality of Durham. 2.3 The By-law may provide a specified timeframe during which the By-law shall be in force so that it is not necessary to pass a second By-law to restore Part Lot Control. Staff recommend that the By-law be in force for a one (I) year period following Council approval, ending April 30, 2002. Respectfully submitted, Reviewed by, o . rome, M.C.LP., R.P.P. of Planning and Development Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer RH*L T*DJC*sh 11 April 2001 620 REPORT PD-040-01 PAGE 3 Attachment No.1 Attachment No.2 Attachment No.3 Attachment No.4 - Key Map - Proposed Revised Property Line between Lots 15 and 16, Registered Plan 40M-2005 - Lot Affected by Part Lot Control - By-law for Removal of Part Lot Control Interested Parties to be notified of Council and Committee's decision: Carmen Calabrese Delta-Rae Homes II McCarl Crescent WHITBY, Ontario LlR 2T7 Mary Rycroft G.M. Sernas & Associates Limited 110 Scotia Court Unit 41 WHITBY, Ontario UN 8Y7 621 ATTACHMEINT 1 - SUBJECT SITE 61 PADFIELD DRIVE. BOWMANVILLE w 0 z ~ :5 c:: ----- >- ------. 0 vi Z <t w W I c:: W (f) () c:: 0 o Z o :::E :::E <t I ~~ #'"' SO'" --(-.0 ~",<:J ",0'" ~q..0 \Y s"" BOWMANVILLE KEY MAP ZBA 2001-010 I 622 -P<; ~ ~ -P<; o " J> CJ " rr; , CJ CJ :u < [T1 , a --I -/0> N !\Io!5T"ZO. E 39.696 ATTACHMENT 2 --.j o ",z 8 Ii -, I ~ o I ~~ ".L:.J _J :0 f"Tl ~ (/l --I f"Tl :0 [T1 o "~9 ., " ~ " , J> z z . . -';r La ~ $--1 .:; :- 14.31 ~ N (Jl '-; , "' 8.. I I I -/0> o s:: ~ .., . q , <!) o -/0> 70 ~ ~ % V' --.j r-------------------------------------------;~---------------1 I - I I :::: DETAIL -A' I i ~ q <n ~ INOTTUALEI : P N !llO$7'20' [ ~ 6t 39.017 I 0 H !ll~e~o. E -- <<;'OS: ].o",.ov~ I ~~"G~ & t I ~ -"> I '1, I :1 I l_____________________________________________________------- SCALE l, 300 5 I.... SKETCH SHOWING PROPOSED REVISED PROPERTY LINE BETWEEN LOTS 15 AND 16 REGISTERED PLAN 40M-2005 ZBA 2001-010 . 'l r- ------ ----------~ I \ It 51.~7.20. [ 1_ ~ 6.000-- I OJ! .Ll.9 N 510;)3'40. E I ~ ij & L_ ____ ____________ ~ q "'71-- 30,~3 l!l "' 0 'iO"g " .. 16.61 . . \Z, OiMO !lIuo---i .~ ~~ $&;- ~:; m -~ ~ tl I I \ N ~'!5r20' E 38.418 , o --I o -.J 20 melres I 5 . 10 , I g I SURVI!YING-MAPMNO.JANDINPORMATION SF.RVlCPS 110 $COllll tOl.lllT .....0 _llIV.OHTARIO UoIIlV7 TUt905I72)..l212 J"AX 1905lT23-":u.- ~D B,6RNES ~~- 95-25-186-4-4 623 -P('"; 0o.S' 1; -P<:<; () -u J> CJ .. ", r CJ CJ :0 < ", ATTACHMENT 3 I I r I 0 -j -i' I 39.696 " I N I\I"sr20' E '>>{"' s % . " -Mr ~: 0 :~ -t . 14..11 i t(ji ~. ~ ) pi Ii! " II i% li ------------- ,-l ~ o J ~~ ".l:J _J .. q "'. .. q r- ------ I N I\I"S7'20' E I 8.000 - I"' I L_ \70 ~ ~ 00 ij' -..J r o -j 'j;jji~jW~Wi1 LOT AFFECTED BY PART LOT CONTROL LOT 16 , 40M-2005, ZBA.2001-010 624 CD r o (") ^ -..J o :0 fTI Q (/) -j fTI :0 fTI o -u r J> z -i' o :;:: , <D o -i' t ATTACHMENT 4 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAWNUMBER200I-~ being a By-law to designate a certain portion of Registered Plan 40M-2005 as not being subject to Part Lot Control WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to exempt from Part Lot Control, Lot 16 on Plan 40M-2005, registered at the Land Titles Division of Durham. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT Subsection (5) of Section 50 of the Planning Act shall not apply to those lands described in Paragraph 2 within the By-law. 2. THAT this By-law shall come into effect upon being approved by the Regional Municipality of Durham and thereafter Subsection 50 shall cease to apply to the following lands: a) Lot 16 on Registered Plan 40M-2005. 3. Pursuant to Subsection 7 of Section 50 of the Planning Ac~ this By-law shall be in force for a period of one (1) year ending April 30,2002. BY-LAW read a first time this 30'" day of April 2001 BY-LAW read a second time this 30'h day of April 2001 BY-LAW read a third time and fmally passed this 30'" day of April 2001 JOHNMUITON, MAYOR PAITI L. BARRIE, MUNICIPAL CLERK 625