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Home My WebLink AboutWD-75-91 TOWN OF NEWCASTLE REPORT File # 01�-. Res. # By-Law #�� METING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE DATE: OCTOBER 7, 1991 REPORT #: WD-75-91 FILE #: B.02 . 12 . 11 SUBJECT: REQUEST FOR ENCROACHMENT 23 SECOND STREET, BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report WD-75-91 be received; 2 . THAT Mr. David B. Thomas be advised that Council will pass a by- law to permit a 0 .47 m (1.54 feet) encroachment onto Second Street, Bowmanville, described as Parts 3 and 4 of Plan 1OR-3925; 3 . THAT the by-law be registered on title; 4 . THAT the applicant pay the cost of registering the by-law on title; and 5 . THAT a copy of Report WD-75-91 be forwarded to Mr. David B. Thomas . --------------------------------------------------------------------- REPORT 1.0 ATTACHMENTS No. 1: Correspondence dated May 10, 1991, from Mr. David B. Thomas No. 2 Key Map REPORT NO. : WD-75-91 PAGE 2 2.0 BACKGROUND 2 . 1 On May 16, 1991, the Town of Newcastle received correspondence from Mr. David B. Thomas requesting that a by-law be passed to permit the encroachment of an existing structure on the property at 23 Second Street, Bowmanville (Attachment No. 1) . 3.0 REVIEW AND COMMENT 3 . 1 The existing house encroaches onto the road allowance (Part 3) and the eaves further encroach onto the road allowance (Part 4) . The total encroachment onto Second Street is 0.47 m (1.54 feet) . 3.2 The road allowance known as Second Street is 15.24 m (50.0 feet) wide and the pavement is 6 . 1 m (20 .0 feet) wide. Public Works has no objection to the encroachment. 4.0 CONCLUSIONS 4 . 1 It is, therefore, recommended that Council pass the attached by- law to permit the encroachment of the house at 23 Second Street, at a nominal cost of $2 . 00, and subject to the applicant paying all costs associated with the encroachment. Respectfully submitted, Recommended for presentation to the Committee, ------------------------ -- ---- ------------------- I BM*WAE*ph September 25, 1991 Attachments pc: David B. Thomas Barrister & Solicitor 90 Simcoe Street North Oshawa, Ontario L1G 4S2 DAVID B. THOMAS 90 SIMCOE STREET NORTH OSHAWA, ONTARIO L1G 4S2 Barrister&Solicitor OO TEL. (416)576-5666 CPY FAX (416)576-5289 May 10, 1991 Town of Newcastle 40 Temperance Street ? Bowmanville, Ontario L1C 3A6 Attention: Marie P. Knight, A.M.C.T. (A) . -- Dear Ms. Knight, RE: REQUEST FOR ENCROACEIMM _ 23 SECOND STREET, BOWMANVILLE YOUR FILE: 16.34.119 I am the Lawyer for Mr. & Mrs. Sellers, the present owners of the above property. I will be dealing with this matter from this point to its conclusion, and any C urther correspondence from your office may be sent to my office, as Mr. Furlong has completed his portion of the work undertaken. I am enclosing with this letter two copies of Plan 1OR-3925, which illustrates the Encroachment. I also enclosed a copy of your letter dated July 17, 1990. The survey discloses. the encroachment and appears to be of the size contemplated by counsel. However, in addition to the encroachment of the building onto Second St. , the eaves of the building extend behond the vertical structure by approximately 1.5 feet. This was disclosed by the earlier survey which was submitted to you, but it appears that no formal request was made for a by-law to permit the eaves encroachment. In accordance with your letter of July 17, 1990, I would appreciate receiving confirmation of the by-law to permit the building encroachment, and I would ask for your consideration regarding a by-law to permit the eaves to encroach, in j accordance with the encroachment shown as part 4, Plan 1OR-3925. Thank you for your assistance. . Yours very truly, I Per: I David B. Thomas DBT/pt cc: W. brans, Director, Public Works Newcastle, ON WACHIT9 NO, 1 0-75-91 I:J ;? PART I , 2 In 111061 PORTION OF DWELLING ENCROACHING 0.47m INTO ROAD ALLOWANCE mi (BY LOCKHART 8 SIMPSON PLAP w SECOND ST w of Z dl 1 I— a i ART 3 /-PART 4 U) a SEE DETAIL 'A' z Z N72' 18' 10'E Q CL ni(CR NODS[ I I STORE Y'�1 I N•23 FR«MC I � L 1 F4-1 04' 1-------� L------------L PORCH _ — H 3 3�{ c a r\ r--� io o 2� PART I 4 15416 54 f—I — 2 Z 3 _ INST. N' 156260 —INST, N' 12881 m om Q a irematnder` LOTW /2 z a M m w 0 Q° �� 1 ocKNART RAIL FCNCE ON LINE Inm(1106) 65.0' N73' 00.4011E GI / INST. N' 89320 S O G r PART /, PLAN /OR - 389 LOT D4prV4N I FOURTH ST I VANSTONE CT 19 40 n SUMMERFICT SUNSET rs Z SUBJECTS O a SITE rH1a0 sr FREDERICK N� o j AVE AVE EDSALL SE D ST w d-7 6I AVE F. = pP' LORRAINE REHDER a - 001 CT AVE o FIR ST SAUNDERS AVE. a a STURROCK EL ST RO. BIC ODE T 11 CT I R0 {1 sT CONCESSION DATE: AUG 91 DRAWN BY: B.M. I� 9T. w. z F--(t- ATTACHT��T NO, 2 N sl A. KEY MAP 0-75-91 IU ' i THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 91- Being a by-law to permit an encroachment onto part of Second Street according to the Lockhart and Simpson Plan (formerly in the Town of Bowmanville and part of Lot 12, Concession 2) , now in the Town of Newcastle. WHEREAS portions of a building have been partially erected on the parts of Second Street in Bowmanville, which are described in Schedule 'A' attached hereto by the owner thereof by inadvertence. WHEREAS The Corporation of the Town of Newcastle deems it desirable to permit the portions of the aforesaid building which encroach onto Second Street to be maintained 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 $2.00. WHEREAS the portions of the building partially erected on the parts of Second Street in Bowmanville 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 $2.00. 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 encroachments onto part of Second Street described in Schedule 'A' attached to this by-law are permitted for a fee of $2.00. By-law read a first and second time this 15th day of October, 1991. By-law read a third time and finally passed this 15th day of October, 1991. MAYOR CLERK I i SCHEDULE 'A' TO BY-LAW 91- 1. Part 3, Plan 1OR-3925 (Second Street) 2. Part 4, Plan 1OR-3925 (Second Street) I I