HomeMy WebLinkAboutPD-107-95THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
DN:LD- FOX.GPA REPORT
Meeting General Purpose and Administration Committee File #
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Date: Monday, October 2, 1995 Res. #i E
Report #: PD- 107- 9`File #: LD 183/95
By -law #
Subject: LAND DIVISION APPLICATION
APPLICANT: GORDON WHITE ON BEHALF OF JOHN FOX
PART LOT 11, B.F. CONCESSION, DARLINGTON
CONSENT TO SEVER PRIVATE RIGHT -OF -WAYS, BLOCKS B, D, H, K, & M ON
PLAN 198 TO CORRECT TITLE
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 107 -95 be received for information.
1. ORIGIN
At its meeting held on September 18, 1995, the General Purpose and
Administration Committee requested a status report pertaining to
the Consent Application filed by Mr. Gordon White.
2. BACKGROUND
2.1 In December 1990, Mr. Gordon White, on behalf of several property
owners, approached the Planning Department requesting the
Municipality's assistance as it pertained to an assessment appeal
that had been filed for ten (10) parcels of land located in Plan
198 within the Cove Road area.
2.2 It was staff's understanding, as confirmed by Mr. White, that each
property owner within the limits of Plan 198 enjoyed the privilege
of having a right -of -way over Blocks "D ", "J", and "M" for access
purposes to each parcel and that this access was maintained
privately on a year round basis.
2.3 Based on the information provided and discussions with Mr. White,
staff confirmed that as the ten (10 ) properties and Blocks "D" , "J"
and "M" were identified by individual assessment roll numbers,
61M
REPORT NO.: PD- 107 -95 PAGE 2
being separate parcels that predated Zoning By -law 84 -63,
applications for building permits would be processed.
2.4 It has recently been brought to staff's attention through the
submission of a Land Division Committee Application, LD 183/95,
that three (3) of the parcels of land that were subject to the
assessment appeal filed in 1990 are not, in fact, separate parcels
of land. It would appear that the three (3) parcels in question,
identified as Parts 1, 2 and 3 and Blocks B, D, J, K and M (being
the private rights -of -way) as shown on the attached key map, are
contained under one title.
2.5 The lots and private rights -of -ways which make up the area known as
West Beach or Cove Road date back to a Plan of Subdivision
registered in August 1924 as Plan 198. Since that time, various
lots have been transferred to members of the Fox family and other
individuals along with the legal rights to use the private right -
of -way over Cove Road.
2.6 In 1951 Mr. John Fox received from his mother's estate, not only
the land parcels described as Parts 1, 2 and 3, but also Blocks B,
D, J, K and M subject to the right -of -way provided to the various
owners of lots in Plan 198.
2.7 In 1977 Council, of the former Town of Newcastle, passed a By -law
deeming Plan 198 to no longer be a registered plan for the purposes
of subdivision control. This had the effect of melding together
all lots and part blocks which were under the same ownership.
2.8 The purpose of the recently filed Land Division Committee
Application was to "correct title" by severing the above noted
blocks, being the private roads and rights -of -ways from the three
(3) parcels of land presently under the ownership of Mr. Fox.
520
REPORT NO.: PD- 107 -95 PAGE 3
3. COMMENTS
3.1 In reviewing the Consent Application, staff relied on the
information provided by Mr. White in 1990 that Parts 1, 2 and 3 are
part of the 10 lots assessed separately. In fact, staff researched
the 1995 Assessment Records which confirms the above. As a result,
staff did not offer any objection to the proposal and considered
the application as a technical severance to correct the title of
the lands.
3.2 The Consent Application was heard by the Land Division Committee on
August 28, 1995 and was approved. The last date of appeal is
October 6, 1995.
3.3 The effect of the approval by the Land Division Committee would
establish Parts 1, 2, 3 and Blocks D, J and M as separate parcels.
Each parcel can be legally conveyed or sold. The status of Blocks
D, J and M as private right -of -ways does not change. Any
subsequent applications for a building permit would have to comply
with the provisions of the Municipality's Zoning By -law 84 -63.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning
and Development
CP *FW *df
22 September 1995
Reviewed by,
W.H. Stockwell
Chief Administrative
Officer
521
ONTARIO
COVE ROAD AREA (Plan 198)
� LANDS TO BE SEVERED
� OTHER LANDS OWNED BY APPLICANT
0 PROPERTIES WITH EXISTING DWELLINGS
522
ONTARIO
COVE ROAD AREA (Plan 198)
® LANDS TO BE SEVERED
® OTHER LANDS OWNED BY APPLICANT
PROPERTIES WITH EXISTING DWELLINGS
523