Staff Report. August 24, 2016 Page 1 of 6. Meeting Date: August 24, 2016

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1 August 24, 2016 Page 1 of 6 Report No.: PDSD-P Meeting Date: August 24, 2016 Submitted by: Subject: Recommendation: Ben Puzanov, Senior Planner Applications for Consent; Adrien Van Marle (B-16/16) and Doug & Shirley Troupe (B-17/16) Highbury Avenue N, Roll (B-16/16) and Highbury Avenue N, Roll (B-17/16) THAT Consent Application B-16/16, filed by Adrien Van Marle in order to sever and convey as a lot addition a parcel of land with a lot frontage of approximately metres along Highbury Avenue North (County Road 23) and an area of approximately 170 square metres to the abutting residential property to the north known municipally as Highbury Avenue North; from a property legally described as Part of Lot 8, Concession 7 (geographic Township of London), Municipality of Middlesex Centre and known municipally as Highbury Avenue North; be GRANTED. FURTHER THAT Consent B-16/16 be subject to the following conditions: 1. That the Certificate of Consent under Section 53(42) of the Planning Act shall be given within one year of the date of the notice of the decision. The request for the Certificate of Consent shall be accompanied by a written submission that details how each of the conditions of severance has been met. 2. That the fee for the Certificate of Consent be paid in accordance with the Municipality s Fees and Charges By-law. 3. That a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of Consent B-16/16 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office. 4. That the severed parcel of Consent B-16/16 be registered in the same name and title as the adjacent property to the north, known municipally as Highbury Avenue North and legally described as Part of Lot 8, Concession 7 (geographic Township of London), Municipality of Middlesex Centre; that the two holdings PINs be consolidated; and that Sections 50(3) and 50(5) of the Planning Act apply to any future conveyance of the said severed parcel. 1

2 August 24, 2016 Page 2 of 6 5. That the Owner s solicitor submit an undertaking in a form satisfactory to the Municipality to register an electronic transfer of title consistent with the Consent decision. 6. That the Owner s solicitor provide a Transfer in Preparation to the Municipality, together with a deposited reference plan and a Schedule describing the land to be transferred, for the purposes of the issuance of a Certificate of Consent. 7. That any outstanding property taxes for the severed and retained lots of Consent B- 16/16 be paid in full. 8. That the easterly wooden shed on the severed lot of Consent B-16/16 be removed to the satisfaction of the Municipality with all of the necessary permits from the Building Division and the payment of associated fees. 9. That the Owner dedicate land up to 18 metres from the centerline of construction of County Road 23 across the frontage of the severed lot of Consent B-16/16 for the purposes of road widening if the right-of-way is not already to that width. FURTHER THAT Consent Application B-17/16, filed by Doug and Shirley Troupe in order to sever and convey as a lot addition a parcel of land with an area of approximately square metres to the abutting residential lot on the west known municipally as Highbury Avenue North; from a property legally described as Part of Lot 8, Concession 7 (geographic Township of London), Municipality of Middlesex Centre and known municipally as Highbury Avenue North; be GRANTED. FURTHER THAT Consent B-17/16 be subject to the following conditions: 1. That the Certificate of Consent under Section 53(42) of the Planning Act shall be given within one year of the date of the notice of the decision. The request for the Certificate of Consent shall be accompanied by a written submission that details how each of the conditions of severance has been met. 2. That the fee for the Certificate of Consent be paid in accordance with the Municipality s Fees and Charges By-law. 3. That a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of Consent B-17/16 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office. 4. That the severed parcel of Consent B-17/16 be registered in the same name and title as the adjacent property to the west, known municipally as Highbury Avenue North and legally described as Part of Lot 8, Concession 7 (geographic Township of London), Municipality of Middlesex Centre; that the two holdings PINs be consolidated; and that Sections 50(3) and 50(5) of the Planning Act apply to any future conveyance of the said severed parcel. 2

3 August 24, 2016 Page 3 of 6 5. That the Owners solicitor submit an undertaking in a form satisfactory to the Municipality to register an electronic transfer of title consistent with the Consent decision. 6. That the Owners solicitor provide a Transfer in Preparation to the Municipality, together with a deposited reference plan and a Schedule describing the land to be transferred, for the purposes of the issuance of a Certificate of Consent. 7. That any outstanding property taxes for the severed and retained lots of Consent B- 17/16 be paid in full. AND FURTHER THAT the reasons for granting Consent applications B-16/16 and B-17/16 include: The proposals are consistent with the Provincial Policy Statement; The proposals conform to the County of Middlesex Official Plan and the Middlesex Centre Official Plan; and Subject to the conditions, the proposals comply with the Middlesex Centre Comprehensive Zoning By-law. Purpose: The purpose of this report is to provide Council with a recommendation regarding two severance applications at the northerly limits of Ballymore. A location map is included in Attachment 1. Background: The purpose and effect of Consent application B-16/16 is to sever and convey as a lot addition a parcel of land with a lot frontage of approximately metres (10 ft) along Highbury Avenue North (County Road 23) and an area of approximately 170 square metres (1,830 sq ft) from a residential property known municipally as Highbury Avenue North to the abutting residential property to the north known municipally as Highbury Avenue North. The purpose and effect of Consent application B-17/16 is to sever and convey as a lot addition a parcel of land with an area of approximately square metres (1,875 sq ft) from a residential and agricultural property known municipally as Highbury Avenue North to the abutting residential lot on the west, known municipally as Highbury Avenue North. The resulting residential lot at Highbury Avenue North would have an area of approximately 1,236 square metres (0.3 ac). An illustration of the proposal is included in Attachment 2. 3

4 August 24, 2016 Page 4 of 6 Analysis: The subject land and the proposed receiving lot are designated Hamlet by the Middlesex Centre Official Plan and zoned Hamlet Residential First Density (HR1) by the Middlesex Centre Comprehensive Zoning By-law. The owners of the proposed receiving lot at Highbury Avenue North would like to extend their rear yard depth in order to match the rear yards of neighbouring properties and to increase the width of their lot at its southerly limits in order to transfer land that currently accommodates a portion of their detached garage into their ownership. The owners of the proposed receiving lot also plan to construct an addition to their single-detached dwelling and require space south of their residence in order to do so. In order to ensure compliance with the Comprehensive Zoning By-law, it is recommended that the easterly wooden shed on the proposed severed lot of Consent application B-16/16 be removed given that the new southerly lot line proposed for the receiving lot would bisect this building. Similarly to the proposed severed lot of Consent application B-16/16, the land subject to Consent application B-17/16 is zoned HR1. Staff note that land to the east of the proposed severed lot of Consent application B-17/16 forms part of the same property at Highbury Avenue North and is zoned Agricultural (A1). Financial Implications: None. Strategic Plan: N/A 4

5 Attachment 1 August 24, 2016 Page 5 of 6 Location Map to be conveyed via Consent B-17/16 to be conveyed via Consent B-16/16 to be retained of Consent B-17/16 to be retained of Consent B-16/ Meters Legend Description: File Number: Created By: Date: Scale: Consent Applications B-16/16 and B-17/16 Ben Puzanov 7/29/2016 1: 2,256 Assessment Parcels Prepared By: Middlesex Centre

6 August 24, 2016 Page 6 of 6 Attachment 2: Proposal