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HomeMy WebLinkAboutWD-66-90 Addendum 2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON XXXXIE)CEOOCM=ENXXXNKXXNXZKMNKXXXMKXX REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # LLA tjsv Date: FEBRUARY 7, 1994 Res. # ADDENDUM NO. 2 By-Law# Report#:—MD=-66-90 F=ile#: C. 05 . 18.-Ol Subject: REQUEST FROM BECAS DEVELOPMENTS LIMITED TO PURCHASE A PORTION OF THE UNOPENED ROAD ALLOWANCE BETWEEN LOTS 18 AND 19, CONCESSION 5, FORMER CLARKE TOWNSHIP Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Addendum No. 2 to WD-66-90 be received; 2 . THAT the request from Becas Developments Limited to purchase a portion of the unopened road allowance between Lots 18 and 19, Concession 5, former Clarke Township, be denied; and 3. THAT Mr. Peter Caspari, Becas Developments, be advised of Council's decision. REPORT 1.0 ATTACHMENTS No. 1: Key Map No. 2 : History of attempts by Mr. Caspari to open the road to obtain access to his property No. 3: Correspondence dated November 10, 1993, from Becas Developments Limited to Mayor Diane Hamre No. 4 : Correspondence dated March 5, 1968, from the Township of Clarke to Sunnydene Estates (predecessor of Becas Developments Limited) No. 5: Correspondence dated November 29, 1993, from Franklin Wu, Director of Planning and Development 1 0 1) it REPORT NO. : ADDENDUM NO. 2 TO WD-66-90 PAGE 2 2.0 BACKGROUND 2 . 1 At a meeting held on November 22, 1993, Council passed Resolution C-791-93: "THAT the correspondence dated November 10, 1993 from Peter Caspari, President, Becas Developments Limited, regarding Parcel 'E' of Part of Lot 18, Concession 5, in the former Township of Clarke, be received; THAT the correspondence be referred to the Director of Public Works for review and preparation of a report to the General Purpose and Administration Committee; and THAT Peter Caspari be advised of Council's decision. 3.0 REVIEW AND COMMENT 3. 1 History of Requests from Becas Developments Limited 3 . 1. 1 Attachment No. 3 is a summary of attempts prior to 1991 by Mr. Caspari to open the road to obtain access to his property. 3 . 1.2 In 1991, as a result of a request to open and construct the road to Town Standards at Mr. Caspari's cost, Council, at its meeting of June 24, 1991, voted on Resolution C-403-91 whereby the motion was LOST on a recorded vote: "THAT the Addendum to Report WD-66-90 and Report WD-66-90 be received; THAT the request by Becas Developments Limited to open the road allowance and I 0 REPORT NO. : ADDENDUM NO. 2 TO WD-66-90 PAGE 3 construct a road to Town of Newcastle standards between Lots 18 and 19, south of Concession Road 6, former Township of Clarke, be approved in accordance with Town Policy and subject to the applicant satisfying all conditions of the Town, financial and otherwise; THAT the Mayor and Clerk be authorized to execute an agreement between Becas Developments Limited and the Town of Newcastle to permit Becas Developments to construct a road on the unopened road allowance for approximately 484 .62 m ( 1,590 feet) in accordance with Town Standards (Attachment No. 7 to the Addendum Report WD-66-90) ; THAT the Town Solicitor be instructed to prepare the agreement and that the agreement include, but not be restricted to, the items set out in Schedule 'A' (Attachment 6 to the Addendum to Report WD-66-90) ; THAT the Clerk be directed to take all actions necessary to publicize and give notice of the proposed by-law to establish and lay out the road allowance between Lots 18 and 19, Concession 5, former Township of Clarke, south of Concession Road 6 for approximately 485 m ( 1,590 feet) ; i ntit; 1017 U REPORT NO. : ADDENDUM NO. 2 TO WD-66-90 PAGE 4 THAT the applicant, Mr. Peter Caspari, the applicant's Consultant, G. M. Sernas and Associates Limited, Mr. & Mrs. S. Heggie, Mr. & Mrs. G. Lengyel and Mr. & Mrs. A. Van Belle be advised of Council's decision; and THAT the applicant return adjacent properties to their original state, should damage occur during construction. 3 . 1.3 In correspondence dated November 10, 1993 (Attachment No. 3) ,, Mr. Caspari requests the closure and conveyance of the road allowance to Becas Developments Limited and refers to the following: a) Correspondence dated March 5, 1968, from the former Township of Clarke (Attachment No. 4) . b) The last application which was not approved by the former Town of Newcastle Council (see Item 3. 1.2 : motion was LOST on a recorded vote) . 3 .2 Purchase of Road Allowance by Becas Developments Limited Mr. Peter Caspari, in his correspondence of November 10, 1993 (Attachment No. 3) , requested the following: i) To purchase the road allowance at a reasonable price and on the basis that he would obtain sufficient frontage onto Concession Road 6 to satisfy Zoning requirements for a building permit for a single family residence; and I U ` `) l REPORT NO. : ADDENDUM NO. 2 TO WD-66-90 PAGE 5 ii) Without the right of usage by adjoining property owners. 3. 3 Legislation Regarding the Selling of Road Allowances The Municipal Act, Chapter 302, Section 316 (2) states that: "The Council shall, by by-law, set the sale price of the land to be sold and shall offer to sell it to the owner of the land abutting the land to be sold and where, (a) there are parcels of land abutting on opposite sides of the land to be sold, the owner of each parcel has the right of first refusal to purchase the land to its middle line; " In accordance with the Municipal Act, the land could be offered for sale to Mr. Caspari only after the abutting owners refused the option to purchase. As previously stated, all abutting property owners were originally opposed to opening the road and, as a result of past meetings and discussions with them, it is unlikely they would refuse their option, thereby allowing the land to be offered for sale to Mr. Caspari. The Municipal Act, Chapter 3.2, Section 299 ( 1) states: "A by-law shall not be passed for stopping up, altering or diverting any highway or part of a highway if the effect of the by-law will be to deprive any person of the means of ingress and egress to and from his land or place of residence over such highway or part of it unless such person consents to the passing of the by-law or unless in REPORT NO. : ADDENDUM NO. 2 TO WD-66-90 PAGE 6 addition to making compensation to such person, as provided by this Act, another convenient road or way of access to his land or place of residence is provided. " The property immediately to the north of the Becas property is owned by the Heggies. Closure of the subject road allowance would effectively landlock the Heggie's property (Attachment No. 1) . Therefore, based on the above information and circumstances, Provincial Legislation would not permit the Municipality to sell the, subject land to Mr. Caspari. 3 .4 The Municipality's Policy and Procedure for Road Closure Policy and Procedure for Road Closures (as amended) , Section 5.4___states "Unless there is a compelling reason, rights-of-way which give access to Lake Ontario or to a stream or which are located in the rural area of the Town will not be closed and conveyed except where the right-of-way is within or abuts a proposed development, then such closure application will be considered in conjunction with the development application. " Since this is a rural area and there is no proposed development, closure and conveyance would be contrary to the Municipality's Policy. 3 .5 Obtaining a Building Permit Mr. Caspari's intention is to satisfy the Zoning requirements for a building permit. Section 3.7 a. , Improved Public Street, of the Comprehensive Zoning By-law states: 1 '� 9 REPORT NO. : ADDENDUM NO. 2 TO WD-66-90 PAGE 7 "No person shall erect any building or structure in any Zone, after the date of passing of this By-law, unless the lot upon which such building or structure is to be erected fronts upon an improved public street, maintained year round, and further, that such building or structure complies with the setback provisions of this by-law. " 3.6 Construction of the Road The positive recommendations in Report WD-66-90 were proposed based on the history of this request, i.e. , approval, in principle, given by former Councils. The Public Works Department receives requests, from time to -time,-- to open- -roads- to permit- property owners to obtain building permits to construct single family dwellings. The cost to the applicant is usually prohibitive and seldom proceeds; however, staff time and often legal fees are incurred before the idea is abandoned. Another prohibiting factor is the impact on or opposition from abutting property owners. The abutting property owners become very agitated and the Municipality invariably becomes the mediator between the applicants and the opposing property owners. In my opinion, constructing 'dead end' roads to serve a single dwelling is not in the best interest of the Municipality even if the road is constructed to specified standards. The Municipality is then assuming maintenance and liability responsibilities to serve a single dwelling; in other words, a private laneway. It is my recommendation that, based on today's economic limitations and standards, it would be in the best interest of the Municipality to deny such requests. 10 9'/ i U REPORT NO. : ADDENDUM NO. 2 TO WD-66-90 PAGE 8 3.7 Alternatives Considered The following alternatives were considered in dealing with this application: i) Allow Mr. Caspari to construct the road to a gravel surface. To permit Mr. Caspari to build this road to less than Town standard would set precedence to all such requests. The Town's Policy for reconstruction of unimproved roads, Section 4 .3, states that, "Where it is proven that the construction of an unopened or unimproved road is necessary, such construction will be performed only at the expense of others either under a Subdivision Agreement, the Local Improvement Act, or through private enterprise, provided that the road so constructed has said construction approved by the Council of the Town of Newcastle, meets the Design Criteria and Standards of the Town and is in accordance with the provisions of the appropriate Zoning By-law and Official Plan. " In my opinion, gravel roads are an on-going maintenance liability and, in recent years, the Public Works Department has budgeted maximum funds for surface treatment to reduce the gravel surfaces. ii) Lease the road allowance to Mr. Caspari. Since selling the road allowance to Mr. Caspari is unlikely, we examined the possibility of Mr. Caspari obtaining a building permit through a lease agreement with the Municipality. The Director of Planning and Development commented (Attachment No. 5) that: 1O �� `) I I REPORT NO. ': ADDENDUM NO. 2 TO WD-66-90 PAGE 9 "The zoning by-law would not permit or recognize a lease arrangement. " As to whether or not the Zoning by-law should be amended to accommodate Mr. Caspari's request, it is the Director's opinion that a precedence would be set for others to follow. 4.0 RECOMMENDATIONS 4. 1 It is recommended that the request from Becas Developments Limited to purchase a portion of the unopened road allowance between Lots 18 and 19, Concession 5, former Clarke Township, be denied. Respectfully submitted, Recommended for presentation to the Committee, Walter A. Evans, P.Eng. Mar a Marano, H.B.Sc. , AMCT Director of Public Works Acting Chief Administrative Officer JCO:ph January 17 , 1994 Attachments pc: Mr. Peter Caspari President Becas Developments Limited 2900 Yonge Street, Suite 902 Toronto, Ontario M4N 3N8 (-1C i CONCESSION ROAD a CD REQUESTED Z-- T OPENING Nm 30 m(100ft.) Betty Heggie Becas Developments Albert Vanbelle Limited LOT 19 LOT 18 LOT 17 CON 5 CON 5 CON 5 0 CA Q 0 z 0 w � c 0 3 0 XD o � � z w o north limit of traveled road REGI NAL RO 9 t J��-V 7 4D T WNS C NCES R 6 z o cocn 0 NO `'"' Q Q ❑ CON 9 D 5 C:\ATTACHS\CLARKE\BECAS.DWG 0 DRAWN BY: JM DATE: JAN. 1994 CO3 L ATTACHMENT N0. 1 KEY MAP ADDENDUM NO. 2 TO WD-66-90 109 `) 13 HISTORY OF ATTEMPTS BY MR. CASPARI TO OPEN THE ROAD TO OBTAIN ACCESS TO HIS PROPERTY December 14, 1967 - Letter from Sunnydene Estates Limited to Clerk of the Township of Clarke (Attachment No. 2) . In summary, Sunnydene Estates proposed to construct, at the applicant's expense, a gravel road, 22 1/2 feet wide and 12 inches deep, to Township specifications and to the approval of the Road Superintendent. At a meeting held on March 5, 1968, Clarke Township Council passed Resolution No. 61: "With reference to a letter from Sunnydene Estates Limited dated December 14, 1967, designated as File: 67093, this Council hereby approves in principle of their proposal as outlined in their said letter subject to the Township of Clarke specifications and the Township's supervision. The Clerk be and is hereby instructed to forward a certified copy of this resolution to Sunnydene Estates Limited and the Road Superintendent. " NOTE: Becas Developments are successors in Title to Sunnydene Estates. 1977 Meeting with J. Dunham, Director, requesting to begin construction. August 18, 1977 Legal Opinion from Sims Morton McInerney & Brady, Town Solicitor (Attachment No. 3) . "For all of the foregoing reasons, I am of the opinion that Resolution 61 of the former Township of Clarke is not legally binding upon the Town of Newcastle and the Town is free to negotiate with Becas Development Ltd. for construction of a road according to present day standards. " August 25, 1977 -Report #68 submitted to the Public Works Committee. Resolution W-260-77 stated: "That the matter be referred to the Town Solicitor to determine the legal obligations of the Town as regards Resolution #61 (Clarke Township Council) of March 5, 1 ATTACHMENT NO. 2 ADDENDUM N0. 2 TO WD-66-90 0 0 ` 1 4 1968, and that the Director of Public Works report back to the next Meeting of this Committee. " (Legal opinion was requested prior to direction of Council and received August 18, 1977 . ) September 15, 1977 - Resolution W-282-77: "That this matter be referred to the Director of Public Works for a report on the standard of road to be built in this area and an estimated cost of building such a road to Town standard be given, and that the Director include in his report his estimate of cost of maintenance of the road and any problems which may be encountered if the road should be built. " September 22, 1977 - Report #76 submitted to the Public Works Committee. In summary, the Public Works Director provided information requested in Resolution W-282-77 . . The Design Standard was established at an approximate cost of $43,000, based on 75 feet at $20 per foot (not including pavement) . The estimate for pavement was $7, 000. The maintenance costs ( 1977) were $2,350 per mile. Mr. Dunham stated, "it is not desirable to create 'additional dead end' roads within the municipality" . Mr. Dunham further recommended that, 'if the municipality approves construction of the road, a copy of the Design Standard required be given to Mr. Caspari who, in return, should employ a consultant to provide construction drawings for approval by the Town" . I October 13, 1977 - Resolution W-340-77: "That this Committee recommend to Council that this road be constructed at Mr. Caspari's expense with the condition that the road meets Town Standards and requirements and further that this Committee concurs with Report #76 (J. Dunham, September 23, 1977) . " June 27, 1985 - Correspondence to Ron Dupuis, Director of Public Works 2 099 17 i In summary, requested to build a foot path 20 feet wide in the centre of the road allowance, west of the property. July 15, 1985 - Report WD-48-85. Resolution #GPA-490-85 adopted the recommendations in Report WD-48-85: "That Becas Developments Limited be granted permission to perform limited clearing of a trail on the unopened road allowance between Lots 18 and 19 in Concession 5, of the former Township of Clarke, conditional on the following: a) Prior to any clearing, all trees proposed for removal shall be marked and reviewed by the Works Department for approval. Removal of major trees will not be allowed. b) No grading or other such modifications to the road allowance will be allowed. That the Works Department issue the required road occupancy permit for such activities. That Mr. Peter Caspari, representing Becas Developments Ltd. , be advised of Council's actions in this matter. " November 18, 1985 - Further correspondence received from Becas Development advising the Town of proposed legal action unless a Road Occupancy Permit is issued. November 25, 1985 - Resolution #C-620-85 "That the correspondence dated November 18th, 1985, from Mr. Peter Caspari, President, Becas Developments Limited, 255 The Donway West, Don Mills, Ontario, M3B 3M3, requesting that Council direct the issuing of an occupancy permit by the Works Department to allow access over the road allowance, between Concessions 5 and 6, be received; And that the correspondence be referred to the Director of Public Works for review and report to the General Purpose and Administration Committee; And further that Mr. Caspari be advised of Council's decision. " 3 109916 i i Jan. 6, 1986 Report WD-1-86 Report WD-1-86 reiterated the recommendations in Report WD-48- 85 supported by the history of this request. Jan. 13, 1986 Resolution #C-25=86. "That Mr. Peter Caspari, President, Becas Developments Ltd. , be advised that the Council of the Town of Newcastle has considered the requests in his letter of December 26, 1985, and Report WD-2-86, and based upon Town Policy, has directed staff to proceed with the recommendations in Report WD-2-86. " A Road Occupancy Permit, including Schedule 'A' which applied the conditions for approval as stated in Resolution #GPA-490- 85, was forwarded to Becas Developments Limited for execution. February 5, 1986 - Correspondence from Becas Developments Limited to Rosemary Rutledge, Deputy Clerk. In summary, threatening legal action unless allowed to use machinery to install a culvert. June 8, 1986 - Road Occupancy Permit executed by Becas Developments Limited. Revised Schedule 'A' , which did not comply with Council's direction, therefore, Road Occupancy Permit was not valid. September 8, 1988 - Correspondence from R. D. Webster of G. M. Sernas and Associates to W. A. Evans. In summary, requested that the road be opened and that Mr. Caspari was prepared to construct the road to Town Standards at his expense. January 23, 1989 - Report WD-22-88: Recommended: "That the request from Becas Developments Limited to open the road allowance between Lots 18 and 19, south of the road allowance between Concessions 5 and 6,1 former Township of Clarke be approved subject to Becas Developments Limited entering into an agreement with the Town to satisfy all requirements of the Town, financial and otherwise; and 4 10 `; �� t % That Mr. R. D. Webster, P.Eng. , Manager, G. M. Sernas and Associates Ltd. , Professional Consulting Engineers, 185 Brock Street North, Whitby, Ontario, L1N 4H3, be advise of Council's decision. Resolution #GPA-90-89 "That Report WD-22-89 be received and tabled for further clarification. " February 6, 1989 - Addendum to Report WD-22-89 was submitted; Report WD-22-89 was lifted from the table. Resolution GPA-146-89 approved the recommendations in Report WD-22-89. February to October, 1989. Negotiations were ongoing with respect to design construction, preparation of the proposed agreement and the legal process for opening the road allowance. October 4, 1989. Registered letters were sent to Mr. & Mrs. Gene Lengyel, Mr. & Mrs. Albert Van Belle and Ms. Betty Heggie, the abutting property owners, as required by Section 302 of the Municipal Act, notifying them of the intention to lay out and establish the road as a public road. NOTE: All abutting property owners who responded to the correspondence noted their objection to the proposed opening of the road. October 1989 to July 9, 1990 Numerous meetings were held with Public Works, Planning, abutting land owners and G. M. Sernas attempting to resolve the concerns of the abutting property owners and facilitate the construction of the road. July 9, 1990 - Report WD-66-90 (Attachment No. 1 to Report WD- 66-90 Addendum) . NOTE: Section 4 .0 summarizes the Property Owners' opposition/approval following meetings held with 5 099110, them. Mr. and Mrs. Lengyel, and Mr. and Mrs. S. Heggie are opposed; Mr. and Mrs. Van Belle are not opposed provided that there are no costs assessed to them. Resolution #GPA-544-90 approved the recommendations in Report WD-66-90, as amended: "That the request by Becas Developments Limited to open the road allowance and construct a road to Town of Newcastle. Standards between Lots 18 and 19, south of Concession Road 6, former Township of Clarke, be approved, in accordance with Town Policy and subject to the applicant satisfying all conditions of the Town, financial and otherwise; That the Mayor and Clerk be authorized to execute an agreement between Becas Developments Limited and the Town of Newcastle to allow Becas Developments to construct a road on the unopened road allowance for approximately 484 . 63 m ( 1,590 feet) in accordance with Town Standards . (Attachment No. 5 to Report WD-66-90) and the conditions set out in Schedule 'A' (Attachment No. 3 to Report WD- 66-90) ; and That Mr. Kelvin Whalen, G. M. Sernas and Associates, Engineering Consultants, for the applicant, Mr. P. Caspari, Mr. & Mrs. Heggie, Mr. & Mrs. Lengyel and Mr. & Mrs. Van Belle be advised of Council's decision. " Resolution #GPA-545-90: "That the foregoing Resolution #GPA-544-90 be amended by adding thereto: 'That Becas Developments construct an entrance to the Heggie property as part of the road construction contract. "' Resolution #GPA-546-90: "That Resolution GPA-544-90 be amended by adding thereto: 'That the concerns of Mr. Lengyel be addressed and trees be protected whenever possible. "' 6 10 `910 July 16, 1990 - Resolution #C-496-90: "That Report WD-66-90 be referred back to Staff for receipt of a legal opinion pertaining to the Town should these lands change ownership. " January 25, 1991 - Legal Opinion from Shibley Righton A further meeting was scheduled with the abutting property owners and Mr. Caspari's representative from G. M. Sernas and Associates. April 3, 1991 - Meeting The abutting property owners had become concerned that the applicant's intention was to obtain an agreement with the Town to construct the road and then sell the property. June 17, 1991 - Addendum to Report WD-66-90 Resolutions #GPA-437-91 and #GPA-438-91 approved the recommendations in Report WD-66-90 and Addendum to Report WD- 66-90. June 24, 1991 - Resolution #C-403-91 LOST on a recorded vote: "THAT the Addendum to Report WD-66-90 and Report WD-66-90 be received; THAT the request by Becas Developments Limited to open the road allowance and construct a road to Town of Newcastle standards between Lots 18 and 19, south of Concession Road 6, former Township of Clarke, be approved in accordance with Town Policy and subject to the applicant satisfying all conditions of the Town, financial and otherwise; THAT the Mayor and Clerk be authorized to execute an agreement between Becas Developments Limited and the Town of Newcastle to permit Becas Developments to construct a road on the unopened road allowance for approximately 484 .63 m ( 1,590 ft. ) in accordance with Town Standards (Attachment No. 7 to the Addendum Report WD-66-90) ; THAT the Town Solicitor be instructed to prepare the agreement and that the agreement include, but not be 7 I 0 9 i� tJ restricted to, the items set out in Schedule "A" (Attachment 36 to the Addendum to Report WD-66-90) ; THAT the Clerk be directed to take all actions necessary to publicize and give notice of the proposed by-law to establish and layout the road allowance between Lots 18 and 19, Concession 5, former Township of Clarke, south of Concession Road 6 for approximately 485 m ( 1,590 feet) ; THAT the applicant, Mr. Peter Caspari, the applicant's Consultant, G. M. Sernas and Associates Limited, Mr. and Mrs. S. Heggie, Mr. and Mrs. G. Lengyel and Mr. and Mrs. A. Van Belle be advised of Council's decision; and . THAT the applicant return adjacent properties to their original state, should damage occur during construction. " NOTE: No further action was directed by Council. November 10, 1993 - Correspondence from Becas Developments Limited to Mayor Hamre (Attachment No. 5) . In summary, Mr. Caspari is requesting to purchase the unopened road allowance in order to gain the required access to qualify for a building permit. November 22, 1993 - Resolution #C-791-93 "THAT the correspondence dated November 10, 1993 from Peter Caspari, President, Becas Developments Limited, regarding Parcel 'E' of Part of Lot 18, Concession 5, in the former Township of Clarke, be received; THAT the correspondence be referred to the Director of Public Works for review and preparation of a report be the General Purpose and Administration Committee; and THAT Peter Caspari be advised of Council's decision. " 8 1099 COUNCIL DIRECTION D_9 C COQ DCVELOOPM [ENT S LIMA T1 YDD 2900 Yonge Street - Suite 902 "av 2 3s PH '9 ! TORONTO ON M4N 3N8 TEL.: (416) 4846962 Mrs. Diane Hambre November 10, 1993 The Mayor of the sMtreuent i cip_a lCtyA...of Carin ton :. . .._.. ..:,.. �{ I 40 Temperance Bowmanville, Ontario L1 C 3A6 NOV 1 5 1993 �jCU MIJINICIPAUITY OF CL ARINGTON Dear Mrs . Hambre: MAYOWS OFFICE We,refer,to 'our visit'of SepTeml r 23, 1993 when our lawyer, Mr. V. M. Seabrook, Q.C. and the writer met with you in your office to bring to your attention the problem which we are facing relating to Parcel "E" of Part of Lot 18, Concession 5 in the former Township of Clarke, County of Durham, which has been in our ownership since 1968, a period of twenty-five years. We left with you a letter dated March, 5, 1968 addressed to our predecessor company by the Township of Clarke, giving approval in principle to our proposal of December 14, 1967 to construct a gravel road on the unopened road allowance between Lots 18 and 19, Concession 5 and being 22 feet wide and 12 inches in depth to the then Township's specifications. We also left with you a copy of the Registration in the West Riding Registry Division of the County of Durham dated July 25,1968 of the resolution of the Township of Clarke. For reasons outlined to you at our meeting the work relating to the above- mentioned gravel road did not proceed. Subsequently we have on innumerable occasions over the years endeavoured to persuade those concerned to permit us to gain access to Parcel "E". Our last application, not approved by the then Newcastle Council, indicated the construction of a road based on County Sub-Division Standards the costs of which would have made the proposed manner of access totally uneconomical. If we are unable to have access to Parcel "E" on a reasonable basis, it is our view that the Municipality has effectively expropriated our lands as we cannot achieve usage thereof in the manner originally contemplated. Accordingly, and as an alternative to our proposal of December 14, 1967 referred to above, we hereby apply to purchase the unopened road allowance at a reasonable price and on the basis that we can connect to the neighbouring highway between concessions 5 ' and 6 so as to gain the required access"to our land with sufficient frontage to qualify for a building permit for the construction of a single family residence and without the right of ATTACHMENT NO. 3 ADDENDUM NO. 2 TO WD-66-90 1099 ? - 2- usage by the adjoinig property owners. We would appreciate it if you would bring this matter to your Council and trust that it will receive their favourable consideration. Yours very truly. BECAS DEVELOPMENTS LIMITED per: ----- - - - - - - ----------------------- Peter Caspari President t i 10 99 3 CLARKE TOWNSHIP COUNCIL lion ✓Vo. 61 7oounci` 7�/iao�r�ex; ©xono March S, �9� (Sgnd) W. R. Carveth J'ecanded �� (SErnd ) ff. E. Walkey With reference to a letter from 3uiifiydene=,<E:state s Limited dated December ll[, 1.967, designated as File : 67093, this Counci 1 hereby approve, in prindplce of, their proposal . utlfaneci an..,i;:lze: `fetter subject to the Township of* Clarke' spec.if-i cations and the Townshi pt s supervision. The Clerk be and is hereby instructed to forward a certified copy of this resolution to Sunnydene Estates Limited and the: Road Superintendent . Carried, March 5/68, (Sgnd)R.A.F. 7, H. E. Mill.son, hereby certify the foregoinl-r to be a true ropy of Rcsol~ ution Ho . 61. dated March 5, 1-963. Clerk, Townsh.i_E) of Clarke. ATTACHMENT N0. 4 ADDENDUM NO. 2 TO WD-66-90 10 9 , �� THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Memoranqum .W _ To: Walter Evans, Director of Public Works From: Franklin Wu, M.C.I.P., Director of Planning and Development Date: 29 November 1993 Subject: CASPARI-BECAS DEVELOPMENT LIMITED - UNOPENED ROAD ALLOWANCE PART LOT 18, CONCESSION 5, FORMER TOWNSHIP OF CLARKE ROLL NUMBER 020.050.007900 Staff acknowledges receipt of your memo dated November 22, 1993, in respect of the above noted property and Mr. Caspari's request to lease a portion of the Municipality's road allowance. Section 3.7 of the Comprehensive Zoning By-law in addition to its reference of requiring frontage upon an "improved public street" does provide an exemption under the provision of Subsection 3.7c ii). This provision states that "where a lot has access by way of a perpetual right-of-way registered on title and provides legal ingress and egress to an improved public street, the provisions of the by-law shall not apply to prevent the issuance of a building permit provided the use of the building is permissible in the zone in which it is located and all other applicable provisions are complied with." The zoning by-law would not permit or recognize a lease arrangement as suggested by Mr. Caspari. Staff would additionally note that the "private right-of-way" option as mentioned above, is one that was.not contemplated over public lands (the unopened road allowance) but rather on private property. An area of concern that may come to light, if the road allowance were used on a lease arrangement would involve the municipality's insurance and property damage liability in such a hatter. You may wish to contact Marie Marano to discuss this further. In any event, a leasing arrangement would not satisfy the zoning by-law requirement. As to whether or not the by-law should be amended to accommodate Mr. Caspari's request, it is my opinion that you could set a precedence for others to follow. There are hundreds of land locked parcels in this Municipality fronting on unopened road allowances. If the municipality proceeds to lease public road allowances and amend the zoning by-law so that building permits could be issued, we could be faced with many future problems such as: providing costly services to these rural residents; pressure on the Municipality to open the road allowance, etc. I trust the above info is of assistance to you. u� ATTACHMENT NO. 5 ti ADDENDUM NO. 2 TO WD-66-90 Frank 1 n %r ') �.