HomeMy WebLinkAboutWD-39-88 r
TOWN OF NEWCASTLE
REPORT File #
z Res. #
�A,
•. �_ By-Law #
(MEETING: GENERAL PURPOSE AND ADMINISTRATION MEETING
DATE: JULY 6, 1988
REPORT #: WD-39-88 FILE #:
SMUT: ENCROACHMENT: PART LOT 20, CONCESSION 10,
GEOGRAPHIC TOWNSHIP OF DARLINGTON,
BEING VILLAGE LOT 26, J.H. REID'S PLAN OF BURRETON STATION
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT this report be received; and
2. THAT in accordance with Town Policy (By-law 81-50) and
upon receipt of the required reference plan, staff be
authorized to prepare a by-law recognizing the
encroachment of a dwelling situated on Village Lot 26,
Elliott's Plan, Burketon Station, onto the road allowance known
as Old Scugog Road; and
3. THAT the provisions of Section 210: Paragraph 101, of the
Municipal Act, R.S..O. , 1980, be applied as follows:
That the building encroaching on the road allowance known
as Old Scugog Road be allowed and further that the owners
may continue to maintain and use such erection thereon without
annual fee or charge for such priveledge; and
. . .2
i
II
Page 2
WD-39-88
i
I
4. THAT the law firm of Johnston, Morton, Burch, & Boland,
Barristers & Solicitors, 201 Byron Street South, Whitby,
Ontario, L1N 4P7, be advised of Council's decision.
REPORT
W. Mark Burch, representative of Robert & Ramona White, R.R #2
Blackstock, requested by letter that the Town formally recognize the
encroachment of the dwelling located on village Lot 26, Elliott's Plan,
Burketon Station, now Town of Newcastle, and that a by-law be
passed and the reference plan registered in accordance with Town
policy. The reference plan is being prepared, however, to allow
the land transaction to be completed, approval from Council
is requested prior to submission of the reference plan.
The house encroaching the road allowance was constructed in 1900 and
is a single family structure. A review of the dwelling and the
attached survey revealed that the entire front of the house and
porch encroaches onto the road allowance, approximately 13.5 feet on
the north corner and 10.65 feet on the south corner.
From an operations and maintenance point of view, the encroachment
does not interfere with maintenance operations on the road allowance
and recognition of the encroachment does not affect or limit
the liability of the municipality for damages sustained by any
person by reason of any such erection upon the road allowance.
In view of the fact that the situation has been allowed for a
considerable period of time, it is therefore, recommended that
permission for the encroachment be granted in accordance with
Town Policy.
Respectfully submitted, Recommended for presentation
to the *Committee,
Walter A. Evans, P. Eng., Lawrence E. Kotseff,
Director of Public Works. Chief Administrative Officer.
i
• I
' I
ATTACHMENr
WD-39-88
7- 40 L J , T
(om a s�)
to N 3100330 W 70.78 m
N
' ^ lN310 Q►
O t0
D
to `.
W ' .
;.<• U
v ti _ a�
Z
it
C a 1�VVXY om
7
m
4 2.00, IH.48� I
2 $.
FRAM FRAME a
LL•1
DWE DWE.LL'.ING m
to
*N'. 3►a_03 30 W , T.. . I 1 -00-0,F E 0 V
C.
--r..•-. / .Cr O
%v L 1.1�EA ti w
a
0 LD u ROAD
i
. I
ston, Morton, Burch Sc Boland
.- John �arrt,atcrs & Svticitars / Auncttts �t �lntttlres j
201 BYRON STREET SOUTH
,
WHITBY ONTARIO LIN 41`7
MICHAEL F. BOLAND,B.A.,M.A., LL.B. (416) 666-2252
W. MARK BURGH,B.COM.,LL.B. TORONTO (416)686--0306
J,W.PATRICK JOHNSTON,B.A., LL.B.
ROBERT P. MORTON,"B.A., LL.B.
TELECOPIER(416)430-0878
i
I
May 20 , 1988
Mrs. Jan O'Neill
Hampton Municipal Office
Hampton, Ontario
LOB 1JO I
Dear Mrs. O'Neill:
Re: White, Robert and Ramona,
R.R. #2, Blackstock
Part Lot 20, Concession 10, Georgraphic Township
of Darlington, being Village Lot 26, Elliott' s
Plan, Burketon Station, now Town of Newcastle
Our File 6013
telephone conversation with you on
Further to my and Mrs.
May 17 and 18, 1988, we enclose a survey adviser us of what
White' s property. We would ask that y
you will require to proceed with the Legal Enroachment.
Upon receipt of your reply we will be able to advise the
surveyor to proceed.
Once the survey enclosed has served its purpose,
lease return same to us. Please do not hesitate
would y ou P further information.
to call if you require any
Yours very truly,
W. MARK BURCH
WMB/cmi
enclosure
C.C. Security Trust
C.C. John Martin, Esq.
C.C. Mr. and Mrs. R. White
ATTENTION TOWN Or NKe ow file
NEWCASTLE Disc= WM
RECEIV£O
MAY 24 1988 ne 4-od—I*w
COPI15S TO h►rest j*e 0"d Rowt
Pi181lC WOR!(S rake APwoprwte "
D£PT. �y�S