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Port Stanley News RSS Feed  News Central Elgin Drains and Public Meeting for Planning Applications for Monday, December 9th, 2019


by Doug Harvey

Central Elgin Drains and Public Meeting for Planning Applications for Monday, December 9th, 2019

Court of Revision - Drains

480 Sunset Drive Drain - Court of Revision

Mr. Brooks indicated that Council had considered and accepted the Drainage Report at a prior Council meeting. This meeting is being held to allow affected landowners to appeal their assessment on the drainage work regarding the following issues:

  • 1. Any land or road that has been assessed too high or too low;
  • 2. Any land or road that has been assessed that should not have been assessed;
  • 3. That due consideration has been given to the technical end use.

Mr. Brooks also indicated that should the Court wish to adjust any assessments up or down that the Court will have to add or subtract that assessment from another landowner as the cost of the drainage project has not changed.

The Clerk indicated that there has been one appeal submitted to the Court from the Port Stanley Terminal Rail Inc.

A representative from Spriet Associate's gave evidence that the appeal put forward claimed that they were not served at all by this drain. In this situation here, their property clearly makes use of this catch basin and storm sewer into the existing County of Elgin storm sewer. So both their outlet and their benefit assessment I believe stand based on those grounds.

Councillor Crevits commented that he thought that the Port Stanley Terminal Rail was being unfairly treated and being assessed $2,800. The Spriet Associate's representative responded indicating that they are being assessed $2,800 based on the fact that that gives them an outlet. Under Section 26 of the Drainage Act typically when a Railway or road creates a artificial obstruction, they are responsible for the costs. In order to be fair to the Railway we have kept our benefit rates to approximately half of what we would normally charge for a typical drain just to keep their cost down as low as possible. On those grounds I don't believe that the $2,800 is an unfair number, especially for the service that the outlet does provide the Railway as an outlet.

A Motion by Councillor Fehr and Seconded by Roberts that the Court of Revision petition schedule as presented by the Engineers from Spriet Associate's; And further that staff are satisfied with decision of the Court of Revision which was pronounced on the ninth day of December, 2019. Anyone may appeal this decision to the Agriculture, Food and Rural Affairs Appeal Tribunal by filing a Notice of Appeal with the Clerk of the Municipality within twenty-one days of this decision. Carried.

Zoning By-law Amendment

1. 7:05 p.m. - ZBA, Ships Ahoy, 43588 Sparta Line

Background: - The subject lands, which are located on the north side of Sparta Line, adjacent to Garrod Lane, have approximately 33.5 metres (110 feet) of frontage on Sparta Line and are approximately 0.38 hectares (0.95 acres) in lot area. Municipally known as 43588 Sparta Line, they may be legally described as the South Part of Lot 8, Concession 4, geographic Township of Yarmouth, now Municipality of Central Elgin.

The purpose of the application is to rezone the lands from a site-specific Industrial (C1- 7) Zone to permit automotive trade as an additional permitted use. The proposed use is similar to the existing use, which involves the repair and sale of watercraft. However, automotive trade is specifically defined in the by-law. To permit the proposed use, an amendment to the by-law is required.

There was no correspondence received and there were no questions from Council. A resident that lives 3 houses down from the subject property asked why they did not receive notice in the mail concerning this application. The only reason they found out about it was because of the Central Elgin notice sign that was posted on the property. The clerk responded that she would check the records and apologized for not mailing any notice. The Public Meeting was then concluded, and the actions of Council on the Proposed Zoning Amendment will be considered at a future meeting of Council.

Last Updated: Tuesday, 10 December 2019 07:41:00 AM EST

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