HomeMy WebLinkAboutPD-256-86 REPORT #3
TOWN OF NEWCASTLE
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REPORT File #
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By-Law #
MEETING: Council
DATE: Monday, October 27, 1986
REPORT #: PD-256-86 FILE #: LD 48/82
SUBJECT: REMOVAL OF ONE FOOT RESERVE
PART OF LOT 11, CONCESSION 3, GEOGRAPHIC TOWNSHIP OF DARLINGTON
OUR FILE: LD 48/82
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Report PD-256-86 be received; and
2. THAT Mr. Albert Strauss, of Strauss, Cooper, Barristers & Solicitors, and the
Regional Municipality of Durham be advised that the Town of Newcastle has no
objection to the removal of a One Foot Reserve, in favour of the Region of Durham,
along the south side of the subject parcel of land located on the north side of the
road allowance between Concessions 2 and 3, geographic Township of Darlington
conditional upon payment of the Town 's Lot Levy of $625.00.
BACKGROUND AND COMMENTS:
On October 9, 1986, Staff received a request from Mr. Albert Strauss of Strauss, Cooper,
Barristers and Solicitors with respect to the lifting of a One Foot Reserve abutting the
* lands shown on Attachment No. 1 hereto. The One Foot Reserve was issued, in favour of the
Regional Municipality of Durham, in 1982 as condition of a Land Division application
submitted by Mr. Mel Sucee. Staff had originally recommended denial of the Land Division
application, however, in consideration of the submission made by Mr. Sucee, Regional Land
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REPORT NO.: PD-256-86 Page 2
Division Committee approved the subject application, conditional upon
conveyance of a One Foot Reserve along the frontage of the retained lands.
The One Foot Reserve along Regional Road No. 14 (Liberty Street) is required
to ensure that no further entrances are provided onto an arterial road,
however, the rationale for the One Foot Reserve along the municipal road
allowance between Concessions 2 and 3 was presumably based upon the Zoning
By-law in effect at the time.
The One Foot Reserve effectively prevents the property owners from obtaining
a Building Permit and, in order to proceed with a proposed dwelling, the
property owners would require removal of the One Foot Reserve. Although
removal is at the sole discretion of the Regional Municipality of Durham,
Mr. Strauss is requesting that the Town advise the Region of Durham of its
position relative to removal of the One Foot Reserve in order to permit the
property owners to proceed with their building plans.
Since removal of the One Foot Reserve will create a new building lot,
and since the lot was originally created through Land Division Committee,
Staff see no merit in opposing the removal of the One Foot Reserve.
Similarly, the highest and best use of the property, at this point in time,
would be for a residential building lot.
Accordingly, Staff would recommend that the Region of Durham and Mr. Strauss
both be advised that the Town has no objection to removal of the One Foot
Reserve in order to permit the Region to deal with this matter and enable
the property owner to obtain a building permit. We would request , however,
that, prior to removal of the One Foot Reserve, the applicant be required to
pay to the Town of Newcastle a Lot Development Levy of Six Hundred and
Twenty-five Dollars ($625.00) pursuant to the Town Policy and By-law.
Respectf 1' mitted, CC: Strauss, Cooper
Barristers & Solicitors
Suite 800
347 Bay Street
T.T. Edwards, M.C.I .P . TORONTO, Ontario
Director of Planning M5H 2R8
TTE*jip ATTN: Mr. Albert A. Strauss
*Attach.
October 17, 1986
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PLAN of SURVEY
Town of Newxstle
PART
Area 16.226 Acres
LOT 11 CONCESSION 3
Ct
�W N9 70547
Z kw N9 IV22551
SUBJECT LANDS (1 Ft. ReSeiVe)
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Road Allowance Between Concessioris 2 and
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