HomeMy WebLinkAboutPD-191-89DN: HILLS
TOWN OF NEWCASTLE
/9x
REPORT File #
Res. #
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Monday, July 17, 1989
REPORT #: PD-191-89 FILE #:
SUBJECT: REQUEST FOR REMOVAL OF ONE FOOT RESERVE
BY MR. & MRS. W. HILLS
LOT 22, CONCESSION 7, FORMER TWP. OF DARLINGTON
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT ReportPD-191-89 be received;
2. THAT the request for the removal of one Foot Reserve by Mr. & Mrs. Hills with
respect to a 25.3 acre property located at Part of Lot 22, Concession 7, former
Township of Darlington be APPROVED subject to Mr. & Mrs. Hills being responsible
for all survey and legal costs; and
3. THAT Mr. & MRs. Wesley Hills and his solicitor, Mr. Ronald Worboy, be advised of
Council's decision.
1. BACKGROUND
1.1 By letter dated June 7, 1989 (copy attached), Mr. Worboy, on behalf of Mr. &
Mrs. Hills, requested the Town to remove the One Foot Reserve on his 25.3
acre property located in Lot 22, Concession 7, former Township of Darlington
599 24
REPORT
______________________________________________________________________________
NO.:
�
PD-191-89
PAGE 2
1.2
This
35.3 acre
parcel was separated from the ocyioul farm holding due
to expropriation by Ontario Hydro of lands surrounding this property in
1980. At the time of expropriation, a One Foot Reserve in favour of
the Town was placed along the entire frontage of this 25.3 acre
property. Staff cannot ascertain ooto the reasons why this One Foot
Reserve was imposed.
2. COMMENTS
2.1 Section 3.6 of the Tzvnz'o Comprehensive Zoning By-law states as
"Notwithstanding any other provisions of this By-law to the
contrary, where a lot having a lesser lot area and/or
frontage than required herein was legally conveyable prior
to the date of passing of this By-law, or" where such a lot
is created as a result of an expropriation or a conveyance
to an authority with expropriation -Powers, such smaller lot
may be used and a building or structure may be erected,
altered or used on such smaller lot, provided that all other
applicable zone provisions of this By-law are complied with."
2.2 Inasmuch as the Zoning By-law recognizes the principle of development
of a smaller lot as a result of expropriation, Staff is of the opinion
such One Foot Reserve is contrary to this principle and would recommend
such reserve be removed.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C.I.P.
Director of Planning & Development
*FW«..
*Attach.
July 7' 1989
j___ __ - /.
Chief cdn4istrative Officer
...3
REPORT NO.: PD-191-89
WK*lw,l
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INTERESTED PARTIES TO BE NOTIFIED OF' COMMITTEE AND COUNCIL'S DECISION:
Mr. & Mrs. Wesley Hills
R.R. #1
ENNISKILLEN, Ontario
LOB 1HO
Mr. Ronald Worboy
c/o Worboy, MacLean
Barristers & Solicitors
P.O. Box 21
153 Simcoe Street North
OSHAWA, Ontario
LlH 7K8
599 26
TELEPHONE (416) 723 -2286 WORBOY, M Ac LE A
FAX (416) 5761355
V arri$t.crs, tali ituro
RONALD F. WORBOY, B.A., LL.B,
R. J. BLAISE Mnc LEAN, B.A.,LL.B, P. O. BOX 21
153 SIMCOE STREET NORTH
OSHAWA, ONTARIO
L1H 7K8
June 7, 1989
Department of Planning
and Development
Corporation of the Town
of Newcastle
40 Temperance Street
BOWMANVILLE, Ontario
LIA 3A6
Dear Sir /Madam:
Re: Wesley A. HILLS
Part Lot 22, Concession 7
Newcastle (Darlington)
Our File: 8182/85
Please be advised that the writer is solicitor for Mr. and
Mrs. Wesley A. Hills. Mr. Hills is the owner of approximately
25.3 acres located on the south half of Lot 22, Concession 7,
formerly: Geographic Township of Darlington, now designated as
Part 2, Plan 10R -1219. A photocopy of the said reference plan
is enclosed for your records. You will notice that the hydro
expropriation surrounds this 25.3 acres of land and accordingly,
it has been somewhat difficult farming the 25.3 acre parcel.
Pursuant to Deed dated December 5, 1980, and being registered
in the Registry Office, Part 3, Plan 1OR -1219 was conveyed to the
Town of Newcastle. A copy of the first page of this Deed is
enclosed for your records. I am writing on behalf of Mr. and
Mrs. Wesley Hills to request that the Town of Newcastle release
Part 3, Plan 10R -1219 as shown on the copy of reference plan
enclosed.
In view of the fact that Ontario Hydra owns the abutting
property which completely surrounds the 25.3 acres, we submit
that it is only reasonable for the Town of Newcastle to release
and re- convey the one ( 1 ) foot reserve back to Mr. and Mrs.
Wesley Hills.
R F W : k I c
Enc1s.
Your very truly,
WOR MACLEA
Ron F. W rb y
599 27
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599 28