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HomeMy WebLinkAbout12 048 amend zoning max daigle ltd. 731 princes street kincardine THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE 11, t al t ‘ • un m+ BY-LAW No. 2012 — 048 BEING A BY -LAW TO AMEND ZONING BY -LAW NO. 2003 -25, BEING THE COMPREHENSIVE ZONING BY -LAW FOR THE MUNICIPALITY OF KINCARDINE Max Daigle Ltd., Lot 14, E/S Princes, and Part of Lot 14, W/S Victoria, Municipality of Kincardine (geographic Town of Kincardine) • WHEREAS Section 34 of the Planning Act, R.S.O 1990, Chapter 13 authorizes the Councils of Municipalities to enact and amend zoning by -laws which comply with an approved official plan; AND WHEREAS the Council of the Corporation of the Municipality of Kincardine has enacted By -law 2003 -25, a zoning by -law enacted under Section 34 of the said Planning Act; AND WHEREAS the Council of the Corporation of the Municipality of Kincardine desires to amend By -law 2003 -25; NOW THEREFORE the Council of the Corporation of the Municipality of Kincardine ENACTS as follows: 1. Schedule 'A' to By -law No. 2003 -25 as amended, is hereby further amended by changing thereon from 'R3' to 'R4 -i -H" the zoning designation of those lands described as Lot 14, E/S Princes, and Part of Lot 14, W/S Victoria, Municipality of • Kincardine (geographic Town of Kincardine) which are outlined on the attached Schedule 'A'. 2. By -law No. 2003 -25, as amended, being the Comprehensive Zoning By -law for the Municipality of Kincardine, is hereby further amended by adding the following paragraph to subsection 15.3 thereof: 15.3.11 Notwithstanding their `R4' zoning designation, those lands delineated as 'R4 -i -H' on Schedule 'A' to this By -law may be used for 'Residential Four' purposes in compliance with the 'R4' zone provisions contained in this By -law, excepting however, that: (i) The lands shall be subject to Site Plan Control; (ii) Notwithstanding Section 6.20.1 Required Number of Off Street Parking Spaces, there shall be no less than 12 parking spaces; (iii) Notwithstanding 6.20.10 Size and Accessibility of Parking Spaces, the following shall be not less than: • a) Length: 5.4 metres (rear yard) b) Width: 2.7 metres (front yard) c) Maneuvering Aisle Width: 4.6 metres (iv) Notwithstanding Section 6.20.7 Parking Area Location On Lot, the parking area shall be no less than 1.2 metres to the front lot line, and no less than 0.0 metres to an interior side lot line. Page 2 Amendment to Comprehensive Zoning By -law 2003 -25, (Lot 14, E/S Princes, and Part of Lot 14, W/S Victoria, Municipality of Kincardine (geographic Town of Kincardine)), By -law • By -law No. 2012 — 048 (v) The minimum lot area shall be no less than 1,128 square metres as existed on the date of passage of the By -law; (vi) The minimum lot frontage shall be no less than 20.1 metres as existed on the date of passage of the By -law; (vii) The minimum interior side yard shall be no less than 0.69 metres (south side yard) and 4.36 metres (north side yard) as existed on the date of passage of the By -law; (viii) The maximum lot coverage shall be no greater than as it existed on the date of passage of the By -law. (ix) The 'H — Holding' provision may be removed when Council is satisfied that the following condition has been met: a) That a Site Plan Agreement has been entered into between the owner and the municipality; 4. This By -law takes effect from the date of passage by Council and comes into force and effect pursuant to the provisions of the Planning Act, R.S.O. 1990. • 5. This By -law may be cited as the `Amendment to Comprehensive Zoning By -law 2003 -25, (Lot 14, E/S Princes, and Part of Lot 14, W/S Victoria, Municipality of Kincardine (geographic Town of Kincardine)), By -law ". READ a FIRST as s SEC • ND time this 9th day of May, 2012. • ayor Clerk READ a THIRD time and FINALLY PASSED this 9` day of May, 2012. AI ger, ra •or Clerk • • SCHEDULE 'A' Lot 14, E/S Princes and Part of Lot 14, W/S Victoria, geographic Town of Kincardine, Municipality of Kincardine [731 Princes Street] 0 '\ /4/ ' R3 -f Cl ,\ co *e li r No far R3 / h .et ,... o' 40%`: 4, OS , .► : / . • % sett S • / N tr ees 0 8 16 IIIIIIIII Metres 1= SUBJECT PROPERTY X , ;A> LANDS TO BE ZONED' R4 -i -H, RESIDENTIAL FOUR SPECIAL HOLDING' THIS IS SCHEDULE 'A' TO THE ZONING BY -LAW AMENDMENT NO. 2012 -048 PASSED THIS 0 9th DAY OF May 2012 MAYOR c,..* ---- 7.(:___....._ CLERK i`4, -,' FILE: Z -13 -12.22 APPLICANT: Max Daigle Ltd. DATE: May 2012