HomeMy WebLinkAboutPD-118-88 DN: 118-88
TOWN OF NEWCASTLE
REPORT File #
', Res. # A m-3 o 20.
By-Law #
METING: General Purpose and Administration Committee
DATE: Monday, June 6, 1988
REPORT #: PD-118-88 FILE #: LD 537/87
SUB;-JECT: REQUEST FOR REMOVAL OF ONE FOOT RESERVE
MR. & MRS. W.J. ADAMS
OUR FILE: LD 537/87
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD-118-88 be received; and
2. THAT the request of Mr. & Mrs. W.J. Adams, for the Town to waive the
Land Division Committee requirement for a One Foot Reserve in respect of the
subject severance, (LD 537/87) , be approved; and
3. THAT Mr. & Mrs. W.J. Adams and the Durham Regional Land Division Committee
be so advised.
1. BACKGROUND:
1.1 On March 24, 1988 Staff received the attached request from Mr. & Mrs. W.J.
Adams in respect of one of the .Conditions of Approval imposed by the Durham
Regional Land Division Committee on an application for severance submitted by
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them under File No. : LD 537/87. The subject application was submitted for
severance of a surplus dwelling in respect of Part of Lot 21, Concession 2,
j geographic Township of Clarke, located on the west side of Golf Course Road.
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The subject application was approved by the Durham Regional Land Division
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REPORT 00. : PD-118-88 Ig\QE 2
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Committee subject to a number of conditions, including satisfying the
requirements of the Town of Newcastle financially and otherwise and the
provision of a One Foot Reserve along the frontage of the retained
lands, and dedication of a road widening aozoaa the entire frontage of
the Golf Course Road property.
1^2 At the time the application was commented on by Staff, the One Foot
Reserve was not requested by the Town ouc was the road widening inasmuch
as, at that time, negotiations were underway between the Town and the
property owners relative to a reconstruction project involving QnIf
Course Road. Said Bzn 'eot included an Agreement, in principle, between
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the Town's Public Works Department and the applicant covering the
conveyance of the necessary road vvideniuga to facilitate Town's
construction project.
1.3 The One Font Reserve was imposed by the Land Division Committee in
consideration of the nature of the application being disposition of
a surplus dwelling as a ceaoIt of farm consolidation. The present
position of the Region of Durham Planning Department is that farm
cuuoVIidatinua should involve contiguous parcels of laud which was not
the case in this situation. It would therefore appear that the One Foot
Reserve was imposed by the Land Division Committee in order to prevent
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ioaOaooe of a Building Permit for the retained lands. This condition
was imposed with no prior consultation with the Town.
3. COMMENTS:
2.1 Staff consulted with our Solicitor on the issue of One Foot Reserves to
determine whether the municipality has authority to remove or waive such
requirement where such requirement is imposed by the Land Division
Committee. 8ioced the One Foot Reserve is to be conveyed to the Town as
it abuts a local road, it is the Solicitor's opinion that we can deal
with the removal of the One Foot Reserve without foctbaz involving the
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REPORT K0. : PD-1I8-88 PAGE 3
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Land Division Committee notwithstanding the intent of the Committee's
condition. The Solicitor further advises that the Town may deal with
this condition in any manner it deems fit. Presumably, this would
include waiving the condition entirely.
3^2 Staff agree with Regional Staff's recommendation that the subject
severance does not conform with the Official Plan and therefore, should
not be granted in the first place. However, the Land Division Committee
chose to approve the application subject to conveyance of the One Foot
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Reserve to the Town. In the absence of any appeal, the decision of the
[mmd Division Committee is now final. The question remaining is whether
or not the Town should waive the condition of the One Foot Reserve.
2.3 The Town has two options. It could deny the request of Mr. G Mrs. Adams
to uphold the intent of the decision of the Laud Division Committee or,
alternatively waive the requirement of the One Foot Reserve. Staff is
recommending the latter position on the following ground:
a) The Regional Land Division Committee has no jurisdiction to
require the applicant to convey a One Foot Reserve to the Tmvo
which did not ask for it and therefore should not accept the
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reserve and to live with its consequence to police and enforce
it.
b) There is nothing to prohibit Mr. & Mrs. Adams or any future owner
to request the Town to remove the One Foot Reserve in future
years. It is Staff's opinion that sooner or later, this One Foot
Reserve will be removed. Accepting the One Foot Reserve today
would not be of any benefit to the Town.
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REPORT 00. : PD-118-88 PAGE 4
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3.4 In addition to the foregoing, Staff wish to draw to the attention of
Council that Mr. & Mrs. Adams have been co-operative with the Town's
Public Works Department with respect to road widening and
reconstruction of golf Course Road.
'Respectfully submitted, Baouomneuded for presentation
to the.-Committee
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__________ �����_ ------------------
Franklin Wu Lawrenc �ntaetf
Director of Planning and Development Chief & m iatrative officer
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*Attach.
May 18' 1988
CC: Mr. 6 Mrs. W.J. Adams
Box Il
NEWCASTLE, Ontario
LOA I8O
CC; Mc. Buo Strike
Strike & Strike
Barristers & 8oIioitnzo
P.O. Box 7
38 King Street West
8C0MU\0VZLLE, Ontario
/ LlC 3K8
Box 11 , Newcastle , Ont
LOA 1HO
March 24 , 1988
MAR 25 1986
TOWN OF HMASILI
Planning Department PLANNING DEPARTMENT
Municipal Building
Hampton Ontario
LOB 1JO
Dear Mr. Edwards :
This letter is a request to the Town of Newcastle to waive the
requirement for a one foot reserve on our property . ( reference
file number LD 537/87 ) .
We graciously allowed the encroachment of the road onto this
property for the reconstruction of Golf Course Road . We gave
to the Town of Newcastle the necessary frontage in order for
the road construction to proceed on schedule so that the Town
of Newcastle would meet the deadlines to receive their grant
money .
Your kind consideration of the above is appreciated .
Yours sincerely ,
Mr . & Mrs .W . J . Adams
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