HomeMy WebLinkAboutWD-9-83 i
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CORPORATION OF THE TOWN OF NEWCASTLE
PUBLIC WORKS DEPARTMENT R. DUPUIS, P. ENG., DIRECTOR
HAMPTON,ONTARIO TEL.(416)263-2231
LOB 1JO 987-5039
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF FEBRUARY 7, 1983.
REPORT NO: WD-9-83
SUBJECT: ENCROACHMENTS - PART LOT 5, BLOCK 16, GRANT'S PLAN
OF BOWMANVILLE. (PART 2 , PLAN 1OR-1576) .
RECOMMENDATION:
It is respectfully recommended:
1 . That this report be received; and,
2. That, in accordance with Town Policy (By-Law 81-50)
a by-law be prepared in respect of the encroachment
of a rame garage onto Nelson Street, Bowmanville,
defined as Part 2, Plan 1OR-1576; and,
3. That the provisions of Section 210: para. 101 , of
The Municipal Act, R.S.O. 1980, be applied as follows :
(a) that the encroachment be granted for the life
of the building; subject to,
(b) the understanding that the by-law may be
rescinded at any time in the event that the
land in question is required for Municipal
r�.
purposes; and,
That the lawyer for the applicant be so advised.
WD-9-83 - 2
BACKGROUND AND REPORT:
A request has been received from the lawyer for the vendors of
propety located at Ontario and Nelson Streets, Bowmanville, that
Council officially recognise and sanction the encroachment of a
frame garage, by approximately two (2) feet) onto Nelson Street.
Attached is a portion of Plan 1OR-1576, showing the encroachment
as Part 2. Staff have visited the site and it would appear that
the frame building, although extending beyond the property line
of Part 1 , does not create an adverse condition in respect of
Town property.
In view of the fact that the situation has been in existence for
a considerable number of years, and that Staff cannot foresee any
eventuality which would necessitate use of the land for public
purposes , it is recommended that permission for the encroachment
be granted, subject to the terms and conditions of Town Policy.
Respectfully submitted ,
R.G. Dupuis, P. Eng. ,
Director of Public Works.
January 20, 1983.
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STRIKE T I K E RECEWELD' _ 1 7 1983
BARRISTERS & SOLICITORS
.., 38 KING ST.W.
W.Ross STRIKC,O.C, P.O.BOA 7
A,ALAN 14,111 RIK[,O.A.,OX.
BOWMANVILL12% ONT,
UC 3K8
January 14th, 1983 .
David Oakes , Clerk,
Town of Newcastle, S
"0 Temperance Street , 1
BOWMANVILLE , Ontario. 4
Dear Sir.
Re: McDonald sale to Kondracki
135 Ontario Street being Part Lot 5
Block 16, Grant ' s Plan , Bowmanville
You will recall that on January 4th last ,
our office discussed with you the problem we have in the above
matter . Oui clients , Harold C . McDonald and Elva Mary Isabel
McDonald are selling the above property to Kondracki with a
closing date of February 1st next , and their property and specifically
their frame garage, encroaches on Nelson Street and has done so for
atleast 35 years .
We enclose herewith copy of reference Plan
IOR-1576 showing the lands being sold as Part 1 thereon and the
encroachment on Nelson Street as Part 2 .
Our request in this matter is to have the
Town to consent by by-law to the encroachment of the frame garage
covered by Part 2 on the said plan for the lifetime of the building.
You will also note that the fence in places also encroaches on the
part of Nelson Street and we would appreciate being advised as to
whether or not this could also be included in the By-law.
As we mentioned above, the sale is to be
completed on February lst and we would appreciate having the by-law
by or prior to that date.
If you require - any further information or
material , please do not hesitate to call our office.
Yours very truly ,
STRIKE & STRIKE ,
Encl : 1md Per � `C^��/ �
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 81-50
being a by-law to establish a policy for Highway
Encroachment
The Council of the Corporation of the Town of Newcastle hereby
ENACTS AS FOLLOWS:
1 . That the policy for granting highway encroachments in the Town
of Newcastle shall be as follows:
a) Each request for permission for the continuation of an
encroachment upon a public highway be in writing and be
considered upon its own merits.
b) Each request be submitted to the Director of Public Works
accompanied by the following information:
i ) the name of the registered owner of the property;
ii ) the legal description 'of the property in question;
iii ) a survey of the property and the encroachment;
iv) an explanation of how the, encroachment occurred.
c) The Director of Public Works shall consider the application
and submit a written report to the Public Works Committee
for its consideration,
d) After receipt of the Director of Public Works report, the Public
Works Committee shall recommend to Council either of the
following courses of action, namely,
i ) the application be denied; or
ii ) a by-law be enacted pursuant to the provisions of Section
354 (1 ) paragraph 93 of The Municipal Act
a) granting permission to the registered owner, or owners,
their heirs, successors and assigns to maintain and
use such portion of the erection as constitutes an
encroachment upon a public highway for so long as the
encroachment in question is not required for municipal
purposes;
b) charge such annual fee or charge as Council considers reasonable;
c) in the event that a by-law granting permission for the
encroachment is granted and an annual fee or charge is
required, such fee or charge shall form a charge upon
the land used in connection therewith and the payment of it
may be enforced in like manner as taxes are payable;
d) providing that the by-law may be rescinded at any time and
the permission for the encroachment shall be terminated six
months after the rescinding by-law shall have been enacted.
4'
By-Law 81-50
By-Law read a first time this 4th day of May 1981
By-Law read a second time this 4th day of May 1981
By-Law read a third time and finally passed this 4th day of May 1981
Garnet B. Rickard
Mayor
David W. Oakes .
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