HomeMy WebLinkAboutL 19/98`.
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ItEPOR�' TO COUNCIL
FROM: Penny Wyger DATE: Febniary 17,1998
Town Solicitor
REPORT NUMBER: L Ivi98
SUBJECT: Planning- Subdivisions
• Deeming By-law
- Lot 1, Plnn 40M-1562, Pickcring
- Lot I i, Plen 40M•I561, Pickering
- File Nos,: CI402, 40M-1561 nnd 40M•1562
RECOIWvtENDATION:
l. A by-law should bc enactcd to dcsignatc Lot I 1, Plan dOM-1561, Pickering nnd Lot 1, Plan 40M-
1562, Pickering not to bc lots on a registcrcd plan of subdivision for the purposes of Scctions 50
(3) nnd 50 (4) of the Planning Act.
2. To authoriu the Clcrk to givc notice lo cach person whosc namc appcazs on Ihc lasl revised
assessment roll to be the owner of thc IanJ to a�hich this by-Imv applics within thirty day of thc
datc of ihe passing of this by-law.
ORIG[N: LD I I/96- Registration of Plans 40bf-ISGI and 40M-1562.
AUTHORITY; Plnnning Act, R.S.O. 1990, Chap P.13, Sections 50 (3)(4)(29),
FINANCIAL IMPLICATIONS: None
BACKGROUND:
Plnns 40M-1561 nnd 40M-1562 are registercd pinns of subdivision within the'fown of Pickering. These
pinns of subdivision were both rcgistercd on October 26, 1988. Plun 40M-1561 provides for I I lots and
Plan 40M• 1562 provides Cor 22 lots.
On December 7, 1995, npplication wns mude to sever Lot I 1, Plun 40M-1561 into two parccis, thc ctTect
of which would Icgally merge the south portion of the lot with Lot 2 of the ndjacent plan. The se��crancc
of Lot 1 I was initiated for the purpose of providing additional land to accommodntc thc construction of
n gazage on the existing model home localed on Loc i, Plan 40M•I562 prior to it being canverteJ into a
family dweiling. As well it nllowcd for a rear yard extension to the owncr of Lot 2, Plan 40b1•1562.
As the remafnder of Lot I i, Plen 40M•1561, no longer constitute ¢ developable lot wilhin a plun of
subdivision, it is therefbre necessary to legully remove Lot i t, Plan 40M-1561 and Lot 1, Plun 40M•
I 56? f'rom the registered plan which ensures their titles Will merge, This is n technical legal requircment
which arises out of the circumstanccs of this severance,
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Report to Council
, L 19/98
1� February 17,1998
� . Page 2
Section 50(4) of the Plenning Act, indicates that Council mny, by bylaw, desigpute any plan of
subdivision or part thercof, thut hns been registered for eight years or more, not to be n pan of a
registered plen of subdivision.
As Plen 40M•1561 ond Plan 40M-1562 have now been registered plans for a period in excess of eight
yenrs, it is desirnble to deem Lots I t and Lot I not to be lots within u registered plan of subdivision in
order to ensuce that the title to these lands continue to be merged into one ownership for conveyancing
purposes in future.
Enactment of the attached by-law will deem those parts of Plan 40M-1561 and Plun 40M-1562,
Pickering not to be registercd plens of subdivision far the purposes of Section 50(3) of the Planning Act.
ATTACI-Il�IENTS:
1, Locution Mep
2.. Site Sketch
3. By-Inw
JEP:Ijm
AtWchme�ts
Copy: Genernl Manuger
Director of Plnnning
Dircctor of Public Works
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Pennv W�
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SITE SKETCH
LOT� 11, 40M-1561 & LOTS 1& 2, 40M-1562
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; TWYN RIVERS
IOFLOT f f I
140M•1561
(Part 1, Plan 40
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N•J561
Plan OR-16
BRIMwOpD
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DRIVE
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40M-1562
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40M• 1562 / n
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� LOT 11, 40M-1561, SEVERED UNDER APPLICATION LO 011/96
The Town ot P(ckering Planning-Subdiviaione
- Deeming By-law
LEGAL SERVICFS DEPARTMENT t,ot 1, plan 10l�-1562
1� 1562
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BY•LAW N0. 5221/9B
Being u bydaw ro Jeem Lor !, Plan a06f-l562 und Lo�
11, Plan a0M•l361 no� to be lots on a regisrered plan oj
iubdivislon for the purposes oj sectfon SO(4) oj rhe '
Planning Acl.
WHEREAS, LD I 1/96 allowed for the severance of Lot I I, Plan 40M-1561 into two parcels; and
WHEREAS, aa the northem part of Lat I 1, Plan 40b1-1561, no longer constitute a developable lot
within a plen of subdivision, it is therefore necessary to legally remove Lot l I, Plan 40M-1561 and Lot
t, Plen 40M-1562 from their rcgistercd plans.
WHEREAS, Section 50(4) of the Planning Act, indicates that Council may, by by-law, designate any
pinn of subdivision or part thereof, that hu bcen registered for eight yeurs or more, not to be a registcred
plan of subdivision for the purposes of section 50(3) of the Planning Act; anJ
WHEREAS, as Plans 40M•1561 and 40M-1562 have now been registered plans for a period in escess of
eight years, it is desimble to deem Lot 11 from Plun 40h1-1561 and Lot I Gom Plan d061-1562 not to be
lots within a registered plan of subdivisiun in order to ensure ihat the iitle �o Part (1), Plan dOR•16787
and Lot 1, Plan 40M-1562 continues to be merged inlo one o«nership far comeyancing purposes in
future;
NOW THEREFORE, the Council of the Corporaiion oPthe To��n of Pickering HEREBY ENACTS :1S
FOLLOWS:
I. Tlie following described lands are hereby deemed nat to be lots �eithin a registereJ plan ol'
subdivision for the puraoses of section 50(3) of �he Planning Act, and in accordunce with Section
50(4) of the Plazuting Act:
(a) Lot ll, PIon40M•1�61, Pickering
(b) Lot I, Plan 40M-1562, Pickering
BY-LA`N read a first, second and third time and finally passed this 9th day of Mazch,1998.
TC �Y!I CF
P��I: �",`:3
i�� Wayne Arthurs,
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�F?:'.� : �r. ruce Taylor, Ckrk
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