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HomeMy WebLinkAboutWD-71-92 THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # 3 Date: SEPTEMBER 21, 1992 Report#: _2 File #: _C_,05,28 .29 By-Law# Subject: ENCROACHMENT - MARY MCKINNON - PART OF LOT 10, BLOCK Q, , AND PART OF CHURCH STREET, ACCORDING TO C. G. HANNING,S PLAN, VILLAGE,OF ORONO, BEING PART OF LOT 28, CONCESSION 5, TOWNSHIP OF CLARKE, NOW TOWN OF NEWCASTLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-71-92 be received; 2 . THAT a by-law be passed authorizing the encroachment onto Church Street at a nominal cost of $2; 3 . THAT the requirement for an encroachment agreement be waived; 4 . THAT the applicant be responsible for all costs, such as survey and legal costs, associated with this encroachment; 5 . THAT the Town's solicitor be directed to take all actions necessary to complete the registration; and 6 . THAT Mr. Irwin Hamilton, solicitor for the applicant, be advised of Council's decision. /2 REPORT NO. : WD-71-92 PAGE 2 REPORT 1.0 ATTACHMENTS No. 1: Key Map No. 2 : Proposed By-law authorizing the encroachment onto Church Street 2.0 BACKGROUND 2 . 1 Mary McKinnon is the owner of the property at 156 Church Street in Orono. The house at this location encroaches onto the road allowance known as Church Street. Irwin Hamilton, Solicitor, requested, on behalf of Mary McKinnon, that the encroachment be permitted. 2 .2 The northeast corner of the house encroaches onto the road allowance 0 . 6 feet and the eave encroaches 0 .2 feet shown as Part 2 on Registered Plan 40R-14229 (Attachment No. 1) . 2 . 3 The applicant requested that an encroachment agreement be entered into with the Town. The cost of processing an encroachment agreement would be fairly costly. Due to the minor nature of this encroachment, it is recommended that the requirement for an agreement be waived. 2 .4 The encroachment can be recognized and permitted by the passing of a by-law and registration of the by-law on the title of the property. I 2 .5 The applicant has provided all necessary documentation and has satisfied all requirements of the Public Works Department. 3.0 RECOMMENDATION 3 . 1 It is, therefore, recommended that the attached by-law . . . /3 I REPORT NO. : WD-71-92 PAGE 3 (Attachment No. 2) be passed permitting the encroachment for a nominal feet of $2 . Respectfully submitted, Recommended for presentation to the Committee, Walter A. Evans, P.Eng. , Lawrence E. Kots f , Director of Public Works Chief Administra i e Officer JCO*ph ' September 9, 1992 Attachments pc: Attention: Irwin Hamilton Hamilton and Associates P.O. Box 39 1 Division Street Bowmanville, Ontario MC 3K8 i i I l i C/ AN 4 4 2 2 9 PAR � 26 Z_ z S 4 x J CT ENTRE STREET TEi SAB «,N PARK STREET po C: ATTACHS CLARK 40Rl4229.DW LLU -y t "sz DRAW] BY; JM DATE: SEPT, 1992 i ATTACHMENT NO. 1 NEY MAP WD-71-92 CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 92- Being a by-law to permit an encroachment onto part of Church Street according to C. G. Hanning's Plan of the Village of Orono. WHEREAS a portion of a building has been partially erected by the owner thereof by inadvertence on the part of Church Street in Orono, which is described in Schedule "A" attached hereto. WHEREAS The Corporation of the Town of Newcastle deemed it desirable to permit the portion of the aforesaid building which encroaches onto and used in accordance with S210(101) of the Municipal Act R.S.O. 1980 as amended and Town of Newcastle By-law 81-50, for a fee of $2. WHEREAS the portion of the building partially erected on the part of Church Street in Orono described in Schedule 'A' to and forming part of this by-law may be maintained and used by the owner or occupant thereof, conditional on payment of a fee to the Town of Newcastle of $2. WHEREAS the aforesaid permission is granted subject to the provision that this by-law may be rescinded at any time. NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION OF THE TOWN OF NEWCASTLE as follows: 1. That the encroachment onto part of Church Street described in Schedule 'A' attached to this by-law is permitted for a fee of $2. BY-LAW read a first and second time this 28th day of September, 1992. BY-LAW read a third time and finally passed this 28th day of September, 1992. MAYOR CLERK ATTACHMENT NO. 2 WD-71-92 J i i SCHEDULE 'A' Part of Lot 10, Block 'Q', and part of Church Street, according to C. G. Hanning's Plan, Village of Orono, being part of Lot 28, Concession 5, Township of Clarke, now in the Town of Newcastle, Regional municipality of Durham, and shown as Part 2 of Registered Plan 40R-14229. i