HomeMy WebLinkAboutPD-351-90 TOWN OF NEWCASTLE
REPORT
File #h , �4.
N: GEISB.GPA Res. #
B -Law #
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MEETING: General Purpose and Administration Committee
DATE: Monday, December 3, 1990
PBUT #: PD-351-90 FILE #: LD 337/90 & LD 323/82
SUBJECT: LAND DIVISION COMMITTEE APPLICATION - LD 337/90 & LD 323/82
PART LOT 29, CONCESSION 8, FORMER TWP. OF DARLINGTON
FILE: RON GEISBERGER - LD 337/90 & ARNOLD GEISBERGER - LD 323/82
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 351-90 be received;
2 . THAT -Mr. Ron Geisberger's request that for the removal of the 0.3
metre reserve on Part Lot 29, Concession 8, former Township of
Darlington, not be approved; and
3 . THAT Mr. Ron Geisberger be advised of Council 's decision.
1. LOCATION
1. 1 The subject property is located on the east side of Ormiston Road
being Part of Lot 29, Concession 8, former Township of Darlington.
2. 1 BACKGROUND
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2 . 1 At the meeting held on October 29, 1990,. Council passed the
following resolution:
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"THAT the correspondence dated October 3, 1990 from Ron Geisberger,
requesting that the Town lift the one foot reserve on Part Lot 29,
Concession 8, Town of Newcastle, to allow for the severance of a
lot from a 32 hectare parcel of land be received;
THAT the correspondence be referred to the Director of Planning and
Development for investigation and the preparation of a report to
be submitted to the General Purpose and Administration Committee;
and
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519 . . . .2
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REPORT NO. : PD-351-90 PAGE 2
3 . STAFF COMMENTS
3 . 1 The following brief history of the Land Division Committee
applications for the subject lands is offered for the Committee's
information in considering Mr. Geisbergers request.
3 .2 In 1982, Mr. Arnold Geisberger submitted an application to the Land l
Division Committee (LD 323/82) requesting the Committee's approval
of a severance for a "surplus dwelling" . Mr. Geisberger's farm i
holdings comprised of 35 hectares (86 acres) and supported one two- i
storey farm dwelling at the time of the application.
3. 3 The Land Division Committee approved the application subject to Mr.
Geisberger deeding to the Town a 0 . 3 metre ( 1 foot) reserve along
the frontage of the retained lands . The 0. 3 metre reserve, which
Mr. Geisberger agreed to, was to prohibit the construction of any
additional dwelling units on the retained lands as ;.the severance
of the "surplus dwelling" effectively confirmed that an additional
dwelling was not required.
3 . 4 Town Council at its June 27 , 1983 meeting passed a resolution
permitting Mr. Arnold Geisberger to enter into a leasing agreement
with the Town to permit Mr. Geisberger access over the Town's one
foot reserve for farming purposes only. "Farming purposes only'
did not include the ability to construct an additional dwelling on
the retained lands.
3 . 5 In consideration of the above comments, staff in responding to the
Land Division Committee on Mr. Ron Geisbergers recent application -
LD 337/90, indicated the Town could not support the severance
requested. The Durham Land Division Committee tabled the
application to allow Mr. Geisberger to ask the Town to remove the
0 . 3 metre reserve.
3. 6 Mr. Geisberger through his written submission is requesting the
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REPORT NO. : PD-351-90 PAGE 3
may be obtained. The Town of Newcastle could permit the lifting
of the 0.3 metre reserve to allow the construction of a dwelling
on the farm, however, it is Staff's opinion that there is no
planning justification for the land severance. The intent of the
conditions of imposing the 0.3 metre upon the first Land Division
Committee application - LD 328/82, was to prohibit any further
construction or severances. Staff would note that once the land
severance is approved, the property could be sold and there is no
mechanism to ensure that another severance is applied for in the
future.
3 . 7 In summary, Staff can not support the removal of the 0 . 3 metre
reserve.
3 . 8 In the event Council deems it advisable to remove the reserve,
Council should impose a condition that Mr. Geisberger should bear
all legal costs related to the lifting of the 0 . 3 metre reserve.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I'.P. Lawrenc Kotseff
Director of Planning Chief A nistrative
and Development Officer
LDT*FW*cc
*Attach
19 November 1990
Interested parties to be notified of Council and Committee's decision:
Mr. Ron Geisberger
R. R. #5
OSHAWA, Ontario L1H 8L7
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Lands previously
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I 323/82
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2 Storey J X
House Z
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Lands to be
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337/90
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LOT 29
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Other lands owned by o
Applicant a
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CONCESSION 8
0.3048 m.
Reserve
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0 50 100 200m
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