RECOMMENDATION:
That Council enact a by-law to deem Block 78 and Block 82, Plan 65M-2497 not to be part of a
registered plan of subdivision, and that staff take appropriate action as
required under Section 50 of the Planning
Act.
PURPOSE:
The purpose of this report is to enact a by-law under Section 50 of the Planning Act to allow title to certain
parcels of lands to merge, to accommodate construction of single detached
dwellings at 9 Verclaire Gate and 20 Tenbury Drive, on individual lots,
in accordance with the requirements of the Building
Code Act.
BACKGROUND:
Gel-Don Investments is seeking building permits to
construct a single detached dwelling on the on the east side of Verclaire Gate north of Highway 7, known municipally as 9 Verclaire Gate, and on the west side of Tenbury
Drive, municipally known as no. 20. The
property at 9 Verclaire Gate comprises several
parcels of land (Block 78,
Part of Block 79, and Part of Block 80, all on Plan 65M-2497) while 20 Tenbury Drive consists of Part of Block 80, Part of Block
81 and Block 82, on Plan 65M-2497. The parcels
which comprise the two properties need to be combined into individual single,
merged ownerships, prior to the issuance of a building permit. Notwithstanding the fact that Gel-Don Investments
owns all the individual parcels, Block 78 and Block 82 are separate properties,
which can be conveyed separately.
Staff propose that Council enact a by-law under the Planning Act to deem Block
78 and Block 82, Plan 65M-2497 to no longer be Blocks on a registered plan of subdivision. Block 78, Plan 65M-2497 will then merge all the part lots to form into a single
parcel (9 Verclaire Gate) and Block 82 will merge
with the other part lots to form another parcel (20 Tenbury Drive). Any future division of these lands would then
require consent to sever or part lot control exemption. The Owner can then construct the proposed
dwellings in accordance with the Building
Code Act. The Owner has agreed to
this course of action.
OPTIONS/DISCUSSION:
Merging of title to the properties allows the proposed dwellings to
comply with the Building Code Act. This can be accomplished by Council enacting
a by-law pursuant to Subsection 50(4) of the Planning Act, which would deem Block 78 and Block 82, Plan 65M-2497 to no longer be a
lot on a registered plan of subdivision.
The Planning Act requires the
following steps to be taken after the by-law is enacted:
- A copy of the by-law is to be lodged by the Clerk with the Ministry
of Municipal Affairs and Housing;
- Notice of the by-law is to be given to the Owner within thirty (30)
days of the passing thereof. The
Owner may then make representations respecting the by-law to Council. In this case, the by-law is being
enacted to accommodate the Owner. Staff has requested a letter from the Owner waiving his
right to make representations to Council.
This would allow the Town to register the by-law at the earliest
possible opportunity;
- The by-law will be registered on title and the by-law will come
into effect upon registration on title.
BUSINESS UNITS CONSULTED AND AFFECTED:
The Building and Legal Services departments
have been consulted in the preparation of this report.
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Valerie Shuttleworth, M.C.I.P., R.P.P.
Director of Planning & Urban Design
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Jim Baird, M.C.I.P., R.P.P.
Commissioner of Development Services
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FILE PATH: Q:\Development\Planning\APPL\SUBDIV\04
010895 Gel-Don\Deeming By-law Report.doc
ATTACHMENTS: Figure 1 – Location Map
Figure
2 – Deeming By-law Outline
