HomeMy WebLinkAboutPD-43-85 CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB UO TEL.(416)263.2231
REPORT TO THE COUNCIL MEETING OF MARCH 11, 1985
REPORT NO. : PD-43-85
SUBJECT: LAND DIVISION APPLICATION - WAGGONER
PART OF LOT 25, CONCESSION 1, CLARKE
FILE: LD 69/84
RECOMMENDATION:
It is respectfully recommended to Council the following:
1 . That Report PD-43-85 be received for information.
BACKGROUND:
On January 21 , 1985, the General Purpose and Administration
Committee held a public meeting for a rezoning application
submitted by William and Pearl Waggoner. The purpose of the
application was to permit the applicants to sever an existing
single family dwelling from the existing motel/restaurant
operation.
At the public meeting, Committee heard from a Mr. Mostert who
owns the abutting property to the south. He indicated no
objection to the proposed rezoning provided his concerns with
respect to his prescriptive right of access across the Waggoner
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REPORT NO. : PD-43-85 Page 2
property were safeguarded. The solicitor for the applicants
indicated that the matter of Mr. Mostert's prescriptive rights
was currently under investigation and could be dealt with at the
time the Regional land Division Committee considers the severance
application.
Committee approved the rezoning application, as recommended by
Staff Report PD-15-85. On January 28, 1985, Council passed
By-law 85-7 approving the rezoning. The appeal period for By-law
85-7 expired on March 04, 1985 with no appeals being submitted.
Town Staff submitted comments to the Land Division Committee,
dated January 29, 1985, on the severance application. Staff
recommended approval of the severance, with one of the conditions
of approval being that the right-of-access issue for the abutting
property to the south be resolved.
Land Division Committee considered the application on February
11 , 1985. The Committee approved the application, with one of
the conditions of approval being that the applicant satisfy the
requirements of the Town of Newcastle as set out in the letter
dated January 29, 1985 _save and except the right-of-access
issue.
COMMENT:
From discussions with the applicant's solicitor and Regional
Staff, Town Staff have determined that the Land Division
Committee deemed it was not within their mandate to deal with the
right-of-access issue inasmuch as Mr. Mostert's prescriptive
right already exists and would not be affected by the severance
application. The Committee felt it was a matter to be resolved j
between the two property owners. As well , Mr. Mostert did not
appear as a delegations at the Land Division Committee meeting.
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REPORT NO. : PD-43-85 Page 3
In Staff's opinion, the Land Division Committee was correct on
its actions with respect to the right-of-access issue, and an
appeal of the Committee's decision would not be successful .
Respectf itted,
T.T. Edwards, M.C.I.P.
Director of Planning
JAS*TTE*jip
March 7, 1985
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