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Home My WebLink AboutPD-107-83 J35— ''�✓ (Q� 4 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 I I REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JULY 18, 1983 REPORT NO. : PD-107-83 SUBJECT: REQUEST FOR ACCEPTANCE OF ONE FOOT RESERVE STEVEN W. CARRUTHERS - LD 192/83 PART OF LOT 16, CONCESSION 2, FORMER TOWNSHIP OF DARLINGTON - SEVERANCE OF SURPLUS DWELLING UNIT RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following : 1 . That Report PD-107-83 be received; and 2. That staff be provided with further direction and Council 's position with respect to the appropriateness of the request on behalf of Mr. Carruthers to the acceptance of a one-foot reserve as per a condition imposed by the j Region of Durham Land Division Committee. i i i Report No: PO-107-83 .. ./2 BACKGROUND AND COMMENTS: A request on behalf of Mr. S. Carruthers was received on June 30th, 1983, requesting the Town of Newcastle to accept a one foot reserve over Part of Lot 16, Concession 2 in the former Township of Darlington. Mr. Carruthers ' request arises from a situation as a result of a severance application under file number LD 192/83. The subject application for severance was reviewed by staff in June of 1983, and a recommendation for denial was made due to the non-conformity with the provisions of the Durham Regional Official Plan. Section 12.2.4(b) within the Durham Plan would permit the severance of an existing farm house from a farm, which farm is to be acquired for farm consolidation purposes , subject to that house not being needed for a farm employee's dwelling or as a farmer's retirement home. It is staff's understanding that in consideration of the contents of Section 12.2.4(b) , a consolidation of farms would be required to comply with the Official Plan policy. A provision was attached that should the application be approved, a lot development charge of $600 would be required by the Town of Newcastle. The Land Division Committee at their meeting on June 6th, 1983, advised Mr. Armstrong, agent on behalf of Mr. Carruthers that in this type of application , when the dwelling was the only dwelling on the property, it was their practise to impose a condition of a one-foot reserve on the retained lands. Mr. Armstrong was of the opinion that the Committee could not impose a condition on lands that had no part of the application. Being questioned by the Committee, Mr. Armstrong stated that Mr. Carruthers, Junior, owned the property; however he did not own any other of the farm lands, but did assist his father in the farming of the total operation. i a cQ� Report No: PO-107-83 .. ./3 The Committee felt that this application should be tabled for the applicant to determine the type of interest Mr. Carruthers, Junior, had in the farm operation and also, to discuss further with the Town of Newcastle, the imposition of a one-foot reserve. Legal counsel , on behalf of Mr. Carruthers, has provided staff with a copy of an Ontario Municipal Board decision dated July 29th, 1981 , with respect to a bona fide farming corporation wishing to sever surplus house and barns thereto. In essence, the Board determined that the corporation was a bona fide farmer, and that the acreage under its ownership was scattered within the area. The appropriate provision within the "Official Plan" provided consents - "when two or more farms are amalgamated and an existing house becomes surplus to the need of the farmer, this house may be severed by consent". Board member noted that the common dictionary definition of "amalgamate" is to "merge" , and that there was no indication in the dictionary definition that merging must be contiguous. Consequently, it was the Board's opinion that all the various parcels of land in the area owned by the Corporation were amalgamated. Furthermore, the property in question that is to be severed, was to be purchased by a full time employee of the farming corporation. i I At the time of the preparation of this Report , staff have not had opportunity to discuss and obtain Town legal counsel 's comments with respect to this OMB Decision , however, we will do so in the near future. i il Report No: PD-107-83 .. ./4 Staff note, for Committee's information, that recently a request was made of Council to release a one-foot reserve for "farming purposes" by Mr. Arnold Geisberger over Part of Lot 29, Concession 8, in the former Township of Darlington. Committee may recall that Mr. Geisberger's request was the result of a one-foot reserve being created by the Regional Land division Committee as a condition of approval for Mr. Geisberger's severance. Council , at their June 27th, 1983 meeting, endorsed the following recommendation with respect to Mr. Geisberger's request : "Report PD-92-83 be received, 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. Furthermore, that any entrance to be approved by the Town of Newcastle Works Department shall be pursuant to the requirements of the Town Entrance Permit Policies ; and further, that any costs resulting from the preparation of the necessary documents and registration thereof, where applicable , shall be borne by the applicant." Mr. Armstrong, on behalf of Mr. Carruthers, has indicated that the urgency of acquiring this severance is due to financial considerations involving the Farm Credit Corporation and one of the chartered banks. Accordingly, his client would have no objection to the dedicating of a one-foot reserve to the Town of Newcastle. Should Council deem it advisable and concur with Mr. Armstrong's request to accept the one-foot reserve, staff would suggest that consideration be given to the entering into of a similar licensing agreement with Mr. Carruthers, thereby permitting access to his property for "farming purposes". i a(Q> Report No: PD-107-83 . . ./5 As noted in Staff Report PD-92-83, the entering into of the licencing agreement could establish the purpose or purposes for entering, as well as 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 then require any subsequent owner to obtain a similar approval from Council for farm access purposes. 4Respf y tie d, ards, M.C.I.P. Director of Planning T*TTE*mjc ` i cant : R. Ste C. Armstrong Jones & Jones Barristers & Solicitors 130 King Street East OSHAWA, Ontario U H 1B6 i i I i 5 IV - LOCATION MAP _ TOWN OF NEWCASTLE LOT CONCESSION FORMER MUNICIPALIT'L—L_ ,e4is/,5:7-o.4- _ IX � Ix y I VII ,. ) D A R L: b G+T p i fir" vn 1 �� v NEWCASTLE, I ` L .k IR K I✓: �I S I Iv "Al ♦_ '_`�.. �� •.\'"; Y it � ...L-��-� ro--� �-�..�1.,.'- ANC �e .� r -• - ,VOTE; Please locate site of severance Owner's dame .4 I I i