HomeMy WebLinkAboutPD-15-95Subject: REQUIREMENT FOR AGREEMENT
AS A CONDITION OF APPROVAL FOR MINOR VARIANCES
FILE: PLN 7.3
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -15 -95 be received;
2. THAT the by -law attached hereto be approved authorizing the
Mayor and Clerk to execute agreements imposed as a condition
on the granting of minor variances pursuant to Section 45 of
the Planning Act R.S.O. 1990.
1. BACKGROUND
1.1 The Committee of Adjustment considers applications for minor
variance from the provisions of the zoning by -law, as well as
the extension or expansion of legal non - conforming uses or the
change of a legal non - conforming use to a more compatible use.
The Planning Act provides the Committee the authority to
impose conditions, where deemed appropriate, in the granting
of an approval to an application.
1.2 The Committee has from time to time, imposed conditions of
approval in its decisions. This has worked well until
recently when the Committee imposed conditions that requires
registration on title of certain conditions as notification to
future purchasers, this has not been possible as the Registrar
will not accept such encumbrances on title.
1.3 Notwithstanding that the Registrar does not accept the
decision of the Committee in the form of a notice to be
registered on title, the Registrar would accept an agreement.
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RECYCLED V E
iH ISI PRIMEDCN RECYCLED PAPER
REPORT NO. PD -15 -95 PAGE 2
After consultation with the solicitor, it was suggested that
the Committee of Adjustment conditions of approval could be
placed in an agreement to be duly executed between the
applicant and the Municipality. This method is similar to
registering subdivision agreements or registering agreements
related to land severance approvals. The agreement will be a
simple standardized form prepared by the Staff at no cost to
the applicant. however, the cost of registering the agreement
would be borne by the applicant.
1.4 In order to streamline this procedure, Staff is recommending
a blanket authorization be given to the Mayor and the Clerk to
execute this type of agreement in the future dealing with
Committee of Adjustment conditions of approval that require
registration on title. Hence the attached authorizing by -law
is recommended for passage.
Respectfully submitted,
Franklin Wu, M.C.I.P.
Director of Planning
and Development
CP *FW *cc
Attach.
February 13, 1995
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER 95-
being a By -law to authorize the Mayor and Clerk to execute agreements imposed as a
condition of the giving of approval of minor variance applications.
WHEREAS Section 45 of the Planning Act R.S.O. 1990 Chapter P.13 permits conditions
to be imposed on the granting of minor variance applications;
WHEREAS the conditions imposed may require certain encumbrances to be registered on
title;
WHEREAS, it is deemed appropriate that the said conditions be contained in an agreement
to be executed between the Owner and the Corporation of the Municipality of Clarington.
WHEREAS the aforesaid agreement may be registered against the title to the lands;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. The Mayor and Clerk be authorized to execute on behalf of the Corporation of the
Municipality of Clarington agreements required to implement the conditions of approval
imposed by the Committee of Adjustment under Section 45 of the Planning Act R.S.O.
1990.
2. This By-law shall come into effect on the date of the passing hereof.
BY -LAW read a first time this day of 1995.
BY -LAW read a second time this day of 1995.
BY -LAW read a third time and finally passed this day of 1995.
MAYOR
CLERK