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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" Page #2....... 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. ra e:2gas i t,�. 1W ,1 6 �.®�®m�➢a,�tkjl PART 4+1 J f LON I I fY PART n, PIM'ORIYj 315; ' i M&.9 i 9d8 111p t w� h. ® ; 1- �s z µ 7500 Y p� NWnI o ,N 72040 E 150 tufa a. `VL ' ;'ra ^.Y '�1eCx�9,IG±tB �'V➢n :1ItZr 6 F t