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HomeMy WebLinkAboutPD-92-83 F y f GC 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 GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JUNE 20th, 1983 REPORT NO.: PD-92-83 SUBJECT: REQUEST FOR RELEASE OF ONE-FOOT RESERVE FOR FARMING PURPOSES - ARNOLD GEISBERGER LAND DIVISION FILE: LD 323/82 PART LOT 29, CONC. 8, FORMER TWP. DARLINGTON RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-92-83 be received; and 2. That the Town of Newcastle and Mr. Arnold Geisberger enter into a licencing agreement with respect to Part of Lot 29, Concession 8, former Township of Darlington, thereby permitting Mr. Geisberger access over the Town's one-foot reserve for farming purposes only; and 3. Furthermore, that any entrance to be approved by the Town of Newcastle Works Department shall be pursuant to the requirements of Town Entrance Permit policies; and 4. Any costs resulting from the preparation of the necessary documents and registration thereof, where applicable, shall be borne by the applicant. Report No: PD-92-83 .. ./2 BACKGROUND: A request on behalf of Mr. Aronld Geisberger was received on April 29th, 1983, requesting a reconveyance of the one-foot reserve over Part of Lot 29, Concession 8, in the former Township of Darlington, now being Part 3 on Plan 1OR-1586, for farm purposes. Mr. Geisberger's request arises from a situation that developed as a result of a severance application under file number LD 323/82. The subject application for severance was reviewed by staff in December of 1982, and a recommendation for denial was made due to the non-conformity with the provisions of the Durham Regional Official Plan. A provision was attached that should the application be approved, a lot development charge of $1 ,500 would be required by the Town of Newcastle. The Land Division Committee approved the application subject to the registering of a one-foot reserve along the frontage of the retained lands. The Town did not register an appeal of the decision, inasmuch as the non-conformity was with respect to the Regional Official Plan, and the Region of Durham had indicated no intention of appealing this decision. Staff might add that the applicant was agreeable to the imposition of a one-foot reserve, as imposed by the Land Division * Committee. A copy of the Committee's decision is attached for the General Purpose and Administration Committee's information, and we note that the basis for requesting the severance was that the existing single family dwelling on the severed parcel was of no agricultural benefit to the existing farm operation, and that the retained lands would continue to be used for farming purposes. COMMENTS: By imposing the one-foot reserve, the Land Division Committee effectively land-locked this parcel of land and clearly was intending to prevent the construction of a further non-farm related residential dwelling in this area, unless the local municipality otherwise chooses to lift the restriction, giving rise to a situation whereby a severance Report No: PD-92-83 . . ./3 has been granted contrary to the intent of the Regional Municipality of Durham's Official Plan, and the local municipality placed in a position whereby it, for all intents and purposes, assumes the responsibility of the Land Division Committe, since by lifting the one-foot reserve, a new building lot would be created. This is a situation where the Land Division Committee has used a one-foot reserve to justify a severance that otherwise would not be permitted by the Region of Durham Official Plan. Staff sees no useful purpose in refusing Mr. Geisberger's request for access to the lands for agricultural purposes. By retaining the one-foot reserve, the land is effectively land-locked and access to and from the property for which a building permit is required, could be prevented by the Town. Town legal counsel advises staff that the existence of the one-foot reserve does not prohibit the Geisberger's use of the land for agricultural uses; however, the means by which access is obtained is subject to the Town 's approval . Accordingly, the Town could grant a right-of-way/easement across the one-foot reserve, or enter into a licencing agreement permitting Mr. Geisberger to have access to his property over the one-foot reserve. The licencing agreement could establish the purpose or purposes for entering and if appropriate, limit the time or time-frame within which access might be enjoyed. The entering into of a licencing agreement could be described within the agreement itself as being personal to the present owners of the property and declared that it is not intended to run with the land. Any future real estate transaction involving this property would require a subsequent owner to obtain a similar approval from Council for farm access purposes. Staff would note that the lifting of the one-foot reserve, be it a portion thereof, or in its entirety, would have to be dealt with in consideration of the minimum lot frontage requirements pertaining to the zoning by-law, and thus would be eligible for a building permit upon application. Report No: PD-92-83 .../4 Any costs resulting from the preparation of the necessary documents and registration thereof at the Land Registry Office (where applicable) should be borne by the applicant. In addition to the above, staff would note that should Council deem it advisable to remove the one-foot reserve from the subject property, thereby creating a building lot, the payment of the $1 ,500 lot development charge would be warranted. Respectf ed, T. T. Edwards, M.C.I.P. Director of Planning LDT*TTE*mjc A i ant: Arnold Geisberger c/o Mr. R. F. Worboy Barrister and Solicitor P.O. Box 21, 153 Simcoe St. N. OSHAWA, Ontario, L1H 7K8 REGIONAL MUNICIPALITY OF' DURHAM LAND DIVISION COMMITTEE DECISION As per The Planning Act R.S.O. 1980 , The Durham Act and in accordance with the Provincial Rules of Procedure File LD 323/82 Submission 8333/82 December 20th, 1982 Arnold Geisberger Part Lot 29 , Concession 8 Town of Newcastle Mr. A. Geisberger was present on behalf of this application accompanied by Mr. R. Worboy, Solicitor. No further representation was present in favour of or opposed to the application. This application proposes the severance of a 4.5 ha parcel supporting a detached house from a 31.2 ha farm. Mr. Geisberger explained to the Committee that he had purchased this land to add to his farm operation which comprised approximately ' 1 0 acres. The house was excess to the farm operation. The Committee questioned the size of the proposed lot in that the Ministry of Agriculture and Food stated there was some farnable land ir-ciuded with the 4.5 ha parcel. Mr. Geisberger advised that a roximately 1.2 ha of the subject lands was in corn this year, however, this was the first time that anything had been planted on it for 20 years. Extensive fertilization had been necessary in order to get a crop of corn from the land. The proposed purchaser of the subject land wished to pond the stream in order to have a trout farm. The Committee asked whether Mr. Geisberger would object to a 1 ' reserve being placed on the retained land. Mr. Geisberger was quite willing to accept this condition. The Committee had for their information reports received from the Regional Works Department, the Ministry of Natural Resources, the Ministry of Agriculture and Food, the Corporation of the Town of Newcastle Planning and Development Department, the Durham Regional Health Unit, the Regional Planning Department and the Central Lake Ontario Conservation Authority. C 'ISION OF THE COMMITTEE MOVED: W. Allin SECONDED: A. Gifford THAT application LD 323/83 be approved as applied for, as such is an excess dwelling to a large farm operation, subject to: 1. That the owner deed to and shall be accepted by the Town of Newcastle a 1' reserve free and clear of all encumbrances along the frontage of the retained parcel. 2. That the applicant submit two copies of a registered reference plan on the subject parcel for the clearance of documents . Continued. . . . . . . /14 REGIONAL MUNICIPALITY OF DURHAM LAND DIVISION COMMITTEE DECISION (Continued) File LD 323/82 (Continued) December 20th, 1982 Arnold Geisberger Town of Newcastle DECISION (Continued) 3. That this approval shall lapse at the expiration of two years from the date the decision is final and binding unless all the conditions are fulfilled and the formal consent has been released. 4 . That prior to the signing of the certificate given by the Secretary/Treasurer that the consent has been given, the Secretary/ Treasurer is to be advised in writing by the Town of Newcastle that Condition #1 has been carried out to its satisfaction. CARRIED UNANIMOUSLY December 20 1, 1982 ✓ -� Wandless --------= --------D. Gibson - - - Chairman Vice-Chairman _ G. Johnson -' �--.'per- J ----- -W. Allan Vogl Blakelock —-� / -E. Rynard ---A. Gifford }+' ! �_ -L. Smith --- ----- �" - R. Brown Assistant Secretary/Treasurer February 2 , 1983 Last Date of Appeal 1 horuby t.srhfy that thin is a true Copy February -2, 1985 Expiry Date of the decision ut t:i.E)urnam Land Divi- sion Cou rr:tteu and this decision was concurred in b'/ a majority of the members who hard the application. Secretary-Traaw K /15