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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. 2 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.