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HomeMy WebLinkAboutPD-107-95THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN:LD- FOX.GPA REPORT Meeting General Purpose and Administration Committee File # fo 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