The Corporation of the Municipality of Sioux Lookout Agenda Public Hearing Wednesday, August 23, 2017 at 5:30 PM Municipal Office, Council Chambers 1. Call Meeting to Order/Mayor's Introductory Remarks 2. Agenda a) Introduction of Amendments to the Agenda Page b) Confirmation of Agenda THAT the Agenda of the Public Hearing of August 23, 2017, be approved, as presented. 3. Declarations of Pecuniary Interest 4. Application (Staff Report - Public Hearing) a) Road Allowance Closure and Sale Application - 134 Front Street Road Allowance Closure and Sale Application - 134 Front Street - Pdf 4-8 Road Allowance Closure and Sale Application - 134 Front Street: That portion of unopened road allowance legally described as PLAN M220 LOT 66 PCL 8294, MUNICIPALITY OF SIOUX LOOKOUT; known locally as 134 Front Street, in the Municipality of Sioux Lookout, District of Kenora. Applicant: Andrew Lilly a. Introduction and Overview This is a Public Hearing convened under the Ontario Municipal Act, 2001 to close an unopened road allowance legally described as PLAN M220 LOT 66 PCL 8294, in the Municipality of Sioux Lookout, District of Kenora. b. Confirmation of Notice The Manager of Development Services will confirm how Notice was served to advertise this Public Hearing. c. Staff Report The Manager of Development Services will provide a summary of the application. Page 1 of 8
Public Hearing Agenda August 23, 2017 d. Correspondence from Government Agencies & Municipal Staff The Manager of Development Services will read out any correspondence received from Government agencies. e. Correspondence from Members of the Public The Manager of Development Services will read out any correspondence received from members of the public. f. Applicant's Presentation The Applicant or a Representative is invited to speak to the application. g. Questions from Members of Council and the Public i) Questions from Members of Council ii) Questions from members of the public Members of the public are invited to speak to the application. The public can ask questions of clarification or seek background information, speak in support of the application or speak in opposition to the application. All questions will be directed through the Chair. It is requested that only one question be asked at a time. Please identify yourself before you ask your question so that you can be properly recorded in the Minutes of the Hearing. h. Conclusion and Right of Appeal Process This concludes the Public Hearing regarding the closure and sale of unopened road allowance legally described as PLAN M220 LOT 66 PCL 8294, MUNICIPALITY OF SIOUX LOOKOUT; known locally as 134 Front Street, in the Municipality of Sioux Lookout, District of Kenora. There is no appeal process. THAT Council receives the Manager of Development Services Report dated August 23, 2017, respecting Road Allowance Closure and Sale Application for Andrew Lilly regarding 134 Front Street. 5. Confirmatory By-law a) By-law No. 65-17 - Confirm the Proceedings of The Corporation of the Municipality of Sioux Lookout (August 23, 2017 Public Hearing) THAT Council gives Three Readings and passes By-law No. 65-17 - Being a By-law to Confirm the Proceedings of The Corporation of the Municipality of Sioux Lookout (August 23, 2017 Public Hearing). Page 2 of 8
Public Hearing Agenda August 23, 2017 6. Motion to Adjourn a) Motion to Adjourn the Hearing. THAT the Public Hearing of August 23, 2017, be adjourned at. Page 3 of 8
REPORT MEETING TYPE: Public Hearing TO: FROM: Council Jody Brinkman, Chief Building Official/ Development Services Manager DATE: August 23, 2017 SUBJECT: RP-2017-092 - Road Allowance Closure and Sale Application - 134 Front Street TITLE: Road Allowance Closure and Sale Application - 134 Front Street RECOMMENDED MOTION - COUNCIL MEETING THAT Council approve the respecting Road Allowance Closure and Sale Application for Lily, being an application to purchase three metres of the unopened road allowance abutting 134 Front Street (PLAN M220 LOT 66 PCL 8294) in the Municipality of Sioux Lookout, District of Kenora. And further: THAT Council authorizes the passing of the By-Law No. 63-17 to Permanently Close, Declare Surplus and Authorize the Sale of a Highway of the Municipality. RECOMMENDATION: THAT Council receives the Manager of Development Services Report dated August 23, 2017, respecting Road Allowance Closure and Sale Application for 134 Front Street. PURPOSE: To review an application received from Andrew Lily regarding the purchase of three metres of the unopened road allowance adjacent to his property known locally as 134 Front Street, in the Municipality of Sioux Lookout, District of Kenora. BACKGROUND: At the May 17th, 2017 Council meeting an informational report was provided to Council with a request to sell the unopened road allowance located in the west side of urban Page 14 of 85
Sioux Lookout to any interested abutting property owners. Council agreed and staff sent letters to all affected property owners providing them the opportunity to purchase the road allowance adjacent to them. We had some interest and to date have received one application to purchase from Andrew Lily located at 134 Front Street. See attached image. DISCUSSION: This came forward when a partially built addition was discovered at 134 Front Street by Municipal staff and after further investigation it was determined that the addition was being constructed without the issuance of a Building Permit and encroached into the abutting unopened road allowance. Work has stopped on the addition pending the outcome of closing the road allowance and the approval of a minor variance for a reduced rear yard setback. After discussing with our planning consultant it was decided that we attempt to legalize the addition prior to moving forward with legal action, in part since the property owner had removed an addition previously constructed which encroached into the road allowance and was under the impression that this was part of his property. The former addition was not known to the Municipality. After an application has been received for the purchase of an unopened road allowance, procedure requires that the application be circulated internally for staff comments prior to an external circulation. If no comments are received, or comments are relatively minor in nature, staff would have the applicant prepare a survey of the subject land so that a By-law and Transfer Documents could be prepared. For the applicant s cost-saving purposes, staff have not had the applicant prepare a survey, and will instruct them to do so if Council approves this application. In this instance we will be requiring a building location survey as well to confirm the actual location of the addition. The following staff/government Agency comments were received: Public Works Manager 134 Front Street and 138 Front Street are serviced from King Street through 135 King Street. These private services pass through the unopened road allowance north to King Street, depending on which sections of the road allowance are sold an easement may be required for access to these services for maintenance purposes. As of now no easement is required since this area of road allowance will remain Municipal property. The Public Works Manager has requested we pursue an easement for the water and sewer service that crosses through 135 King Street. Which we will attempt later this year. Bell After further discussion, it was confirmed that Bell does not require an easement in this area of the road allowance Page 25 of 85
RELATIONSHIP TO THE STRATEGIC PLAN: Not Applicable. FINANCIAL IMPLICATIONS: Staff time to prepare this report, as well as the $1000 application fee. If the application is approved, an additional $1000 for the purchase of the land will be required from the applicant. ATTACHMENTS: - IMAGE - BY-LAW NO. 63-17 SIGNATURES: Ann Mitchell Chief Administrative Officer Jody Brinkman Manager of Development Services Page 36 of 85
THE CORPORATION OF THE MUNICIPALITY OF SIOUX LOOKOUT BY-LAW NO. 63-17 Being A By-law To Permanently Close, Declare Surplus and Authorize the Sale of a Highway of the Municipality: WHEREAS it is desirable to close the highway hereinafter referred to ( the Highway ); to declare it surplus to the requirements of The Corporation of the Sioux Lookout the Corporation and to authorize its sale; AND WHEREAS notice to the public of the intention of the council to pass this by-law has been given as required by the Municipal Act, 2001 and the Corporation s By-law s; AND WHEREAS the Council has heard all persons wishing to make submissions with respect to the proposed closing, surplus declaration and sale of the Highway; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF SIOUX LOOKOUT HEREBY ENACTS AS FOLLOWS: 1. The Highway, more particularly described as follows, namely: LANE ABUTTING LOT 66, PCL 8294 ON PLAN M220 (Once the survey has been completed the legal description will be included) IS PERMANENTLY CLOSED as a highway of the Corporation. 2. Upon registration of this By-law: (a) the Highway is declared to be surplus to the requirements of the Corporation; and (b) the closed Highway may be sold by direct sale to such person and on such terms as Council may by By-law direct. 3. The Mayor and Clerk are authorized and directed to take such action and execute such documents, under the Corporate Seal of the Corporation where required, as may be necessary and expedient to give effect to this By-law. 4. This By-law shall come into force and take effect upon the final passing hereof, subject to compliance with Subsection 34(1) the Municipal Act, 2001 as to the coming into effect of the highway closure by registration in the appropriate Land Registry Office. READ A FIRST, SECOND AND THIRD TIME THIS TWENTY-THIRD DAY OF AUGUST, 2017 Doug Lawrence, Mayor Ann Mitchell, Chief Administrative Officer Page 47 of 85
Section to be Purchased 134 Front Street Page 58 of 85