HomeMy WebLinkAbout75-120REPORT N0, 120
DUDAR CONSTRUCTION AND CUL-DE-SAC
Mr. R. Dudar is now engaged in the construction of 23 houses
on the east side of the road between Lots 30 and 319 Clarke. As a
condition of the Town's assumption of this road, the developer was
required to convey Part 1 on the attached plan to the Town for use
as a cul-de-sac. Mr. F. Stolwyk, in conveying this land on behalf
of his client, included the following request. Since this request
affects the zoning by-law, the Works Committee referred it to the
Planning Advisory Committee for comment.
This request arises because the by-law contains the following
provisions for setbacks (d.istance from centre line) in the Agricul-
tural Zone:
a Provincial Highway - 110 feet
a County Road - 100 feet
a Township Road - 93 feet
all other roads - 83 feet
The words Township Road and other roads are not defined in the
by-law, and from this the question arises is to how we should dis-
tinguish between the two. The simplest interpretation, and I bel-
ieve the correct one, is that roads all cinder the jurisdiction of
the Province, the County (now Region) and the Township (now Town) are
Provincial, County and Township roads respectively. If there are any
public highways in the Township of Clarke under any other jurisdic-
tion, they would be other roads. Mr. Derek Little, whose firm produ-
ced this by-law stated in correspondence that the term "Township Road"
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was intended to be restricted to original survey road allowances only,
however, there is nothing in the by-law to support this interpretation.
In any case, it would not be proper for a by-law to assume a
road to designate the status which that road would have under the
zoning by-law. Any specific provision regarding the status of this
proposed road in the zoning by-law should, be naturally enough, be
stated in the Zoning by-law. In the absence of such a statement Part 1
will have whatever status it would normally have under the present
by-law. I believe that status to be that of a Township Road.
In conclusion, I would recommend that the Works Committee should
be advised that any by-law to assume the said Part 1 as a public high-
way should not attempt to state the status of that highway in the
zoning by-law.
Respectfully submitted,
f r r
George F, Howden,
Planning Director.
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