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Council Stands Firm on 16 Feet
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With no delegations at their May 20, 2014 meeting, Council moved directly to Correspondence requiring action.

1. Severance Conditions - 421-425 Edith Cavell Blvd
Correspondence received from Peter North, Agent, respecting conditions of severance regarding 421-425 Edith Cavell Boulevard.

Central Elgin Council stood firm on the condition they had imposed on granting the severance application for 421-425 Edith Cavell Boulevard; namely, conveying 16 ft of depth across the front of these properties to the municipality for future road widening of the street.

Peter North, agent for the property owners and interested in buying the lots and developing them, had written to Council noting that "When the value of the lots is taken into account this is a substantial cost to both the seller and purchaser and cannot be overlooked. If the condition remains it will likely end the project, and the severance. It must also be understood that properties up and down the street are closer than this setback and would therefore have to be purchased/expropriated or altered fairly substantially to accommodate this setback."

Lloyd Perrin explained to Mayor Walters that this 16 feet was laid out by the former Village of Port Stanley and was also in Central Elgin's new Official Plan. He said that since 1998, whenever properties on the north side of the street applied for severances, variances or development, they have been required to convey 16 feet to the municipality for this purpose, including the recent applications by Prespa Development for the townhouse complex they are planning to build this fall.

When questioned by Councillor McNeil about the new home with a swimming pool on the northwest corner of Stanley Park Drive and Edith Cavell Blvd, Perrin said that home was an existing home and did not require building approvals, but in the event of widening Edith Cavell Boulevard, they would lose part of their side yard.

Jim McCoomb told Mayor Walters that the 16 foot loss off the front of these properties would not prevent a buildable area on the lots. The normal setback requirement is 25 feet, and even with a minor variance he would not recommend a setback of less than 20 feet from the new lot line, in order to accommodate on-site parking on these lots.

Peter North was present and Mayor Walters invited him to speak to the issue although he was not on the agenda as a delegation. North said it seemed to him in listening to what was said around the Council table that this was a standard practice, but to most people he'd talked to the odds of every actually widening Edith Cavell Boulevard were remote at best. "A loss of 16 feet is a substantial amount of money that just walks out the door without any form of compensation," North said.

It has been recently enforced," said Deputy Mayor Marr, "so we can't allow it here." Marr said he did believe the widening of Edith Cavell would come some time, if only to deal with parking issues. Councillor McNeil said he agreed with Marr and procedure and they should "hold the line." Perrin said the municipality has acquired the 16 feet from most of the properties on Edith Cavell and there are only a couple of intervening lots left. [Indeed, on his overhead it was apparent the 16 feet would cut away part of the cottages on at least two of those lots.]

Council chose to pass a resolution to simply receive the correspondence as information and file it, thus taking no action on it at all. This meant the conditions regarding the severance would stay.

2. Special Event Permit Application - 2014 Canfest
Special Event Permit Application - 2014 Canfest in Port Stanley. Councillor McNeil said there was a mistake in the resolution on this item as no liability insurance was required because no part of the event was being held on municipal land. The fireworks will be held on Mackies privately owned section of Main Beach. The firefighters cardboard boat race was cancelled because the launch for it was on municipal land and the BIA organizers were not willing to premium for the $5 million liability insurance required by the municipality. Council approved the special event permit subject to confirmation that the fireworks were not going to be on municipally owned land, and other certain standard conditions.

3. Outdoor Vendor Application
Outdoor Vendor Application received from Eric Salin, Sport in Port. Councillor McNeil noted this was the first such application to come before Council since the pilot project was approved. He said this was exactly the kind of beach vendor that would provide more activity to beach goers. Council approved the application and allocated spot #13 to Salin, a 10 ft by 10 ft spot right next to the west breakwater. This was the spot Salin had wanted as it provided an option to launch kayaks on the harbour side of the breakwater. Sport in Port will be renting kayaks, beach chairs and beach shade products from this location on the beach.

Correspondence (for Council's Information)

  • Received as information and filed
  • 1. Central Elgin Planning Office - 2014 Budget: Correspondence received from Central Elgin Planning Office respecting 2014 Budget. Central Elgin's share of the $507,715.00 2014 budget is 32% = $160,015.00
  • 2. Ontario Municipal Board - Oral Decision: Correspondence received from the Ontario Municipal Board respecting Estate of Joseph William Corner. The OMB over turned the Land Division Committee decision and allowed the severance of one lot, containing an existing house and outbuildings, under 5 specific conditions.
  • 3. Official Plan Amendment - Township of Malahide: Notice of the Adoption of Amendment No. 10 to the Township of Malahide Official Plan. They are changing the date of surplus farm dwellings to a floating date of not less than 10 years, and the existing requirement that only one surplus farm dwelling be allowed to be severed pursuant to each corporate farm consolidation is to be deleted

Reports

CEP 22-14: Application for a Consent No. E23/14 - Dan Debackere, 5013 Yarmouth Centre Road. A severance proposal to sever a parcel containing an existing farm dwelling for rural residential purposes and to retain the other parcel for agricultural purposes; and to repeal zoning by-law amendment # 489, which permitted a second farm residence on the subject lands. Council had no objection.

CEP 23-14: Application for a Consent No. E24/14 - Michael Deleebeeck, 96 Coulter Avenue. The purpose of the severance is to create a new vacant building lot. Council had no objections.

CEP 28-14: Application to Amend Township of Yarmouth By-law 1998 - Frank Hough, 43746 Dexter Line. This is an amendment to the Zoning By-law to reduce the minimum frontage on the severed lands and restrict livestock from being kept in the barns on the retained lands from a recent severance. Council deemed the application complete and scheduled the public meeting on it for June 16, 2014 at 7:20 p.m.

CEP 29-14: Application for a Consent No. E36/13 - Estate of Helen North, 117 St. George Street. This is a consent application for the purpose of creating three vacant residential building lots with frontage along Independent Street. It was deferred by Land Division pending final approval of the County's official plan amendment. Council received this report as information.

CEP 30-14: Application to Amend Township of Yarmouth By-law 1998 , Michelle Myszko, 44892 Talbot Line. This is a site-specific draft amendment to the Zoning By-law to permit a naturopathic clinic on lands located at 44892 Talbot Line. Council deemed the application complete and scheduled the public meeting on it for June 16, 2014 at 7:10 p.m.

By-laws

  • Taken and passed collectively
  • By-law 1733: Confirmatory By-law
  • By-law 1734: Non-Union Wages. Central Elgin continues to offer attractive wage rates
  • By-law 1735: Student/Seasonal Wages. Wages for students under 18 years of age range from $10.30 to $12.97 per hour. Wages for students 18 years and older range from $11.00 to $13.86 per hour.
  • By-law 1736: Volunteer Firefighter Remuneration. Firefighters will be paid $24.93 per hour for attendance at a fire/rescue emergency call (minimum call out of 1 hour), as well as paid a base honorarium and paid for training sessions.

New Business

Councillor Matthews noted that though there are a lot of new lots being severed and put together in the Eastwood subdivision, Council hasn't seen any paperwork on them. Perrin said staff does not control when people submit applications.

Councillor Martyn noted that Peter Robson had dies on Saturday and that he had contributed a lot to the rebuilding of Sparta's economy.

Closed Session
CS1: Labour Relations or Employee Negotiations (s.239(2)(d)) - Animal Control Contract


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