HomeMy WebLinkAboutPSD-051-05
Cl~mglOn
REPORT
PLANNING SERVICES
Meeting:
Date:
Report #:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
PS D-051-05
File #: ZBA 2005-008
(<e~, It; p;/. /73 .0:)
By-law #: c2065" - 05 f
Monday, April 11 , 2005
Subject:
APPLICATION FOR REMOVAL OF PART lOT CONTROL
APPLICANT: lEE PAUL BOWMAN AND MARIE VALENTINE BOWMAN
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-051-05 be received;
2. THAT the request for removal of part lot control with respect to Block 35 on 40M-1815 and
Block 36 on 40M-1931 be APPROVED and that the attached Part Lot Control By-law be
passed pursuant to Section 50 (7.1) of the Planning Act; and
3. THAT all interested parties listed in this report and any delegation be advised of Council's
decision.
Submitted by:
D vi . Crome, M.C.I.P. R.P.P.
Director of Planning Services
Reviewed by: 0 ~~~
Franklin Wu,
Chief Administrative Officer
SA/CP/lw/df
April 5, 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0630
REPORT NO.: PSD-OS1-0S
PAGE 2
1.0 APPLICATION DETAilS
1.1 Owner:
Lee Paul Bowman and Marie Valentine Bowman
1.2 Part Lot Control Removal: Part Block 36, 40M-1931 and Part Block 35, 40M-1815
(Attachment 1 & 2)
2.0 lOCATION
2.1 The subject lands are located at 2636 and 2640 Courtice Road in Courtice, and 64 and 66
Kilgannon Avenue in Courtice.
3,0 BACKGROUND
3.1 On March 24, 2005, Staff received a request from the owners of the above-noted properties
for the removal of part lot control with respect to Part of Block 36, 40M-1931 and Part Block
35,40M-1815.
3.2 The current owners bought four (4) properties as investment properties, and prior to the
expiration of the part lot control by-laws in effect at that time, were able to secure mortgages
for all four (4) dwellings. The dwellings are two (2) abutting townhouse units contained on
the same block in the two (2) respective plans of subdivision
3.3 Recently, as the owners attempted to renew the mortgages, it came to the attention of the
mortgage company, that under Section 50 of the Planning Act, a person owning abutting
lands within a block in a plan of subdivision, cannot convey, mortgage or enter into an
agreement of sale and purchase, unless part lot control has been removed. As part lot
control has expired on these blocks, this application has been submitted to remove part lot
control again to facilitate the renewal of the mortgages.
4.0 COMMENTS
4.1 The Planning Act gives authority to a Municipality to remove part lot control in a plan of
subdivision to permit a person to convey a part of any lot or block of land.
4.2 A part control by-law was in effect on Block 36 of 40M-1931 (Kilgannon Avenue) beginning
December 14, 1998, and expired on December 14, 2003. A part lot control by-law was also
in effect on Blocks 32 & 35 of 40M-1815 (Courtice Road) from October 13, 1998, and
expired on October 13,1999.
4.3 In accordance with Subsection 7.3 of Section 50 of the Planning Act, the Part Lot Control
By-law may provide a specified timeframe during which the By-law shall be in force. As a
result, it is not necessary for Staff to prepare a second by-law to restore part lot control on
the subject lands. The Planning Act leaves it to the Municipality to determine an appropriate
timeframe during which the By-law shall apply.
REPORT NO,; PSD-051-05
PAGE 3
4.4 This is an unusual circumstance where the properties have merged under one ownership.
Other solutions, such as putting properties in separate ownership (one for the husband, one
for the wife) would constitute a sale and trigger capital gains tax. After reviewing the
situation with the Municipality's solicitor, it is recommended that a further exemption from
part lot control be approved with a twenty year timeframe. This is sufficient for the owner's
purposes and either parcel can be conveyed at any time. Capital gains would be applicable
at the time of any future conveyance.
4.5 No other properties within the blocks will be affected by this part lot control by-law.
5.0 RECOMMENDATION
5.1 In consideration of comments noted above, approval of the removal of Part Lot Control By-
law as shown on the attached by-law (Attachment 3) is recommended.
5.2 Staff recommends that the By-law be in force for a twenty (20) year period, following Council
approval, ending April 18, 2025.
Attachments
Attachment 1: Key Map for Courtice Road properties
Attachment 2: Key Map for Kilgannon Avenue properties
Attachment 3: By-law for Removal of Part Lot Control
Attachment 4: Unit Type and Number Summary Table
List of interested parties to be advised of Council's decision:
Mr. & Mrs. Bowman
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ZBA2005-008
Lots Affected By Part Lot Control
Parts 5, 6, 7, 8, 19,20,21 and 22,
Plan 40R-18551
Owner: Lee and Marie Bowman
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Lots Affected By Part Lot Control
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ATTACHMENT 3
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2005-
being a By-law to exempt certain portions of Registered Plan 40M-1815 and
40M-1931 from Part Lot Control
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to exempt from Part Lot Control, a portion of Block 35 of 40M-1815, Parts 5, 6, 7,
8, 1920,21 and 22 of 40R-18551 and a portion of Block 36 of 40M-1931, Parts 2 and 3 of
40R-18788, registered at the Land Titles Division of Whitby;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Subsection 5 of Section 50 of the Planning Act shall not apply to those lands
described in Paragraph 2 within the By-law.
2. That this By-law shall come into effect upon being approved by the Municipality of
Clarington and thereafter Subsection 5 of Section 50 shall cease to apply to the
following lands:
a) A portion of Block 35 of 40M-1815, Parts 5, 6, 7, 8,19,20,21 and 22 of 40Rc
18551; and
b) A portion of Block 36 of40M-1931, Parts 2 and 3 of40R-18788.
3. Pursuant to Subsection 7.3 of Section 50 of the Planning Act, this By-law shall be in
force for a period of twenty (20) years ending on April 18, 2025.
BY-LAW read a first time this
day of
2005
BY-LAW read a second time this
day of
2005
BY-LAW read a third time and finally passed this
day of
2005
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
ATTACHMENT 4
PART LOT CONTROL EXEMPTION BY-LAW
UNIT TYPE AND NUMBER SUMMARY TABLE
Registered Plans 40M.1815 and 40M-1931
File: ZBA 2005-008
lots/Blocks Affected Unit Type & Results
Number
Block 35, 40M-1815 Townhouse, 2 units No change
Pis 5, 6, 7, 8, 19,20,21 & 22, 40R-18551
Block 36, 40M-1931 Townhouse, 2 units No change
pts 2 & 3, 40R-18788
TOTAL UNITS No Change