The URL can be used to link to this page

Home My WebLink AboutWD-31-90 TOWN OF NEWCASTLE REPORT Res. # By-Law # I MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: APRIL 2, 1990 REPORT #: WD-31-90 FILE #: SUBJECT: REQUEST FOR ENCROACHMENT 32 HUNT STREET, BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: i 1. THAT Report WD-31-90 be received; and 2 . THAT Mr. Mervyn B. Kelly be advised FORTHWITH that Council will pass a by-law to permit 0 . 122 metre (0.4 feet) encroachment onto Park Street upon receipt of the necessary documents and subject to the applicant paying all costs associated with the encroachment permit. ---------------------------------------------------------------------- REPORT 1.0 ATTACHMENTS No. l: Key Map No.2 : Correspondence from Mervyn B. Kelly No. 3 : Copy of Plan of Survey Illustrating the Encroachment onto Park Street. j i . . .2 C UZU REPORT NO. : WD-31-90 PAGE 2 2 .0 BACKGROUND 2 . 1 At a regular meeting held on Monday, March 26, 1990, Council passed Resolution #C-215-90: "THAT the correspondence dated March 20, 1990, from Mervyn B. Kelly, Barrister & Solicitor, requesting that the Town of Newcastle permit an encroachment onto Park Street, Bowmanville, be received; THAT the correspondence be referred to the Director of Public Works for review and report to the General Purpose and Administration Committee FORTHWITH; and THAT Mervyn B. Kelly be advised of Council's decision" . 3.0 REVIEW AND COMMENT 3 . 1 The request is for an encroachment permit of an eavetrough onto Park Street (see Attachment No.3) . 3 .2 The encroachment of the eavetrough onto Park Street does not create a problem to the Town, and it is therefore recommended that Mr. Mervyn B. Kelly be advised that upon receipt of a registered reference plan, Council will pass a by-law to permit the encroachment. Respectfully submitted, Recommended for presentation to the Committee, ------------------------ -------------------- Walter A. Evans, P.Eng. , L wre E. Kotseff, Director of Public Works . Chief inistrative Officer. �1 WAE*llv March 28, 1990 Attachments cc: Mervyn B. Kelly, B.Comm. , LL.B. Barrister, Solicitor & Notary P.O. Box 159 Bowmanville, Ontario L1C 3K9 i i OIL, J �� to CT. u Q CRE3CCN1 � CT. rT Y o � � � MICHWAY Id' 2 1 Aw/1[NC Awf- � � . r7 n y{ JOIM SCOTT R. SUBJECT SITE HIGHWAY N' 40I U 1 l4KE BOWMANVILLE s `s wT LAKE ONTAR IO D WD-31 -90 ATTACHMENT NO. 1 1022 I COUNC 1.1, D 1 1(I:CT LOi i D-6 i I MERVYN B. KELLY. B.COMM.. BARRISTER. SOLICITOR & NOTARY I P.O. BOX 159 BOWMANVILLE, ONTARIO TELEPHONE (416) 623-4444 L1C 3K9 FAX 623.4449 q 7 i'L- March 20th, 1990 Clerk of the Coporation of the Town of Newcastle__. Ecf:; 40 Temperance Street Bowmanvil le, Ontario L1C 3A6 Attention: Ms . Patty Barrie Dear Ms . Barrie: .:r T Re: WESTLAKE sale to FRANK 32 Hunt Street, Bowmanville Part of Lot 11, Conc. 1, Town of Bowmanville CLOSING: April 6th, 1990 I am the solicitor for the vendor in the above transaction which is scheduled to close April 6th, 1990 . Enclosed please find a letter of requisition that I received from the solicitor for the purchaser . I refer you specifically to requisition No . 4 and enclose the survey of the subject property for your reference. The purchaser ' s solicitor has requisitioned that a by-law be passed by the Town of Newcastle to permit the encroachment into Park Street of 0 . 4 feet of eavestrough. I would appreciate your •assessment of this situation and also your opinion as to whether the Town would be willing to pass such a by-law , and if so the time frame involved in passing such a by-law. ' Thank you for taking the time to look: into this matter and I look forward to your reply. Yours very truly , Mery ,n B . Kell ATTACH TENT ",10 .2 MBK/hs e W1�-�1-00 Encl . 0 2 --� 9 nr1 Finnr Fr�riPral Ruilctind. Church and Temperance Streets ' I FRANK MINICH, LL.B. 86 COLBORNE S'r. WES'r OSHAWA, ONTARIO BARRISTER 8 SOLICITOR 1,10 1L7 (C01,1301(Mi&McNtILI.AM (416)728-7597 March 19, 1990 FAX NO. (416) 432-1386 Mervyn B. Kelly, Esq. Barrister & Solicitor -- 41 Temperance Street BOWMANVILLE, Ontario LIC 3A5 RECEIVED M.AR Dear Sir: Re: FRANK PF WESTLAKE 32 Hunt Street, Bowmanville Part of Lot 11, Conc. 1, Town of Newcastle CLOSING DATE: APRIL 6, 1990 Our File No. : 90-31 I have now completed my search of title to the above noted property and reserving my client's rights to render such further and other requisitions as may be Beamed necessary and/or advised, I have the following to submit at this time: 1. Instrument number 75785 is a mortgage/charge in favour of VICTORIA AND GREY TRUST COMPANY in the amount of $29,290.00; KEQUIRE€: Production and registration of a good and valid discharge of this %,ortgageWon or before closing. 2. As agreed by you during our telephone conversation today, completion of Box 13 on the Deed/Transfer by both your clients and yourself. RLQUIR€;D: lox 13 executed. I will sign Box 14. J. As per survey prepared by M.D. Brown, dated March 5, 1990, and as per our telephone discussion of March 19, 1990, I advised and hereby further advise that there appears to be a serious problem in regard to side yard setbacks with re spect to the building on the said lands. In particular I refer herein to the frame carport on the South boundary line and the frame entrance on the North boundary line. To date I have not received my zoning compliance letter. However, there appears to be no doubt that the letter will confirm a zoning deficiency as same relates to the side yard setbacks. I specifically reserve my right herein to produce such lector upon receipt of same and to have this requisition specifically answered to my satisfaction on or before closing; RE UIRED_ (a) Committee of Adjustment consent to permit side yard deficiency as per existing zoning by-law, or (b) By-law passed by The Town of Bowmanville to permit such side yard deficiency, or Continued . . . . . . / 2 - 2 - the a (c) Evidence in writing, satisfactory to the writer herein, from ppropriate authority for The Town of Bowmanville that the deficiencies are permitted under the existing zoning by-law or any amendments thereto; 4• Asper Ysurvey Lei,, before referred to of''`the carport encroaches untoPark St'reet�byto 4peh, t the eavestrou h' fe g RE UIRED:;� :A_by�aaw d sed encroach'ment �'n'to'� jt�reet''Te Town of Bowmanvi 1 le to permit the aforesaaid !"w'�: 5. We will prepare a Declaration of Possession for your perusal and approval ; REQUIRED: Execution of said Declaration of Possession b . val ; I reserve t6advisable o submit such further and other re y your clients. necessary a . requisitions as may be Yours ver � FRANK MI ICH, LL.B. FM/jcr I 0-5 i F a Wd � LL Q 'o ¢R WOW W= Q H N � a =F-Z J Z nno Y s m a — WK - �zCL z�(nm vi Z °o� � }- Q LL C e ; 7 J J y N W_jZ M.U- WO 1— W ^ g Jai Z> 3$ > O Z 3 2U)-W a ( o - d w Q aC Y Q (YoCOaOtn��'W V Ye 7 W /�f{�W O cc W Z Q'm�"' 0 W �l O 2 W •• 0 �J N cn>ZZo—zo- r-^ G: u w U OOO W „ Z o z a a LL J C5_j LL J m Z z m K J J C J W O V_ O ; 3 Z N OZ—OI— '" � 0�ZQ 3�� _ C n poss ZppZ H V o(;z -zar� J 0 6 N 0 2 2 m Z�W�Q��OWZ J L ll JdZOL LL a0 °t [41J Q W a O 6 O O Q �Ml WU( W w z IOL0c) -zz�—acnm tj m 3: 0 ♦ R a y o ao to •�'4 J')r°h Y» u P'.m.O� a 1. E W 1 •� � W, ��I / J 0 J °\ L ILI o L W •af -- n n \ t a o at A a �� aY`a Y�f•awt eq.`aryf o a. IJ-11 -TTACHME JT JO .? 1026