HomeMy WebLinkAbout75-154Report No. 154
REPORT ON LAND DIVISION COMMES DECISION,
Re. George West, Prestonvale Road.
The applicant wishes to sever an existing lot with a frontage
of 170 feet into two lots, one with a frontage of 80 feet, and
the other with a frontage of 90 feet. The Darlington Zoning
By -Law requires a minimum lot frontage of 90 feet in this zone.
A variance was granted by the Committee of Adjustment on April
239 19759 effectively reducing the required frontage for two lots
on the subject site to 170 feet.
The applicant then submitted an application to the Land Division
Committee for the severance of a lot with a frontage of 90 feet
from this parcel. This application was granted on June 2, 1975.
However, during consideration of this application, it was established
that a road allowance extends across the front of this property.
The subject lot purports to front on Prestonvale Road, which is
a forced road. The original road allowance for Prestonvale
Road extends into the front yard of all the houses on the west
side of the road. Although the applicant has stated that his deed
includes the subject portion of the road allowance, the Town has
no record of the road allowance ever being closed or conveyed to
abutting owners. One of the conditions of this severance was
that the applicant obtain clarification as to the title of the
road allowance to the catisfacti.on of the applicant and the Town
of Newcastle.
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To date, the applicant has not done this. We should avoid this
situation being extended whereby a purchaser is unwittingly
paying for land he does not own.
It is, therefore, recommended that the applicant be reminded
of this decision and that no further action be taken until the
applicant provides the required clarification. This would have
to be done through a search of title by his solicitor. If this
search of title reveals that the road allowance has not in fact
been closed and conveyed, then further action could be considered
by this Municipality to rectify the situation.
Respectfully submitted,
George P. Howden,
Planning Director.