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.
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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.
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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
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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
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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
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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.
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