THAT Consent Applications B-14/2023, filed by Husam Almadani & Cynthia Dewit in order to sever one residential lot from a 2009 square metre (0.5 ac) residential property, in order to facilitate the construction of a single-detached dwelling on the severed lot, having a frontage of approximately 13.73 metres (45.04 feet) on Erie Avenue and an area of approximately 753.5 square metres (0.18 acres), and the retained having a frontage of approximately 22 metres (72 feet) on Erie Avenue, and an area of approximately 1256 square metres (0.31 acres), from a property legally described as Lot 4 to 5, Block F on Plan 76, in the Municipality of Middlesex Centre, County of Middlesex, and is municipally known as 120 Erie Avenue; be GRANTED;
AND THAT Consent B-14/2023 be subject to the following conditions:
- That the Certificate of Consent under Section 53(42) of the Planning Act shall be given within two years 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 fulfilled.
- That the fees for the Certificate of Consent be paid in accordance with the Municipality’s Fees and Charges By-law.
- That the owner require an approved minor variance to address the lot area and frontage deficiencies of the lands to be severed.
- That a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of Consent B-14/2023 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office.
- 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.
- 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.
- That any outstanding property taxes for the severed and retained lots of Consent B-14/2023 be paid in full.
- That the transfers for the subject applications be registered concurrently by the Owner’s solicitor.
- That the owner remove the existing shed and attached garage located on the property to the satisfaction of the Chief Building Official.
- That the owner enter into a Development Agreement with the Municipality, and that the Agreement be registered against the title of the subject land, which addresses among other matters, entrance locations and construction, lot grading and drainage, building envelopes, fire hydrant location, connections to the Municipal water supply and sanitary sewer systems and a security deposit for 100% of the cost of the works as well as any road reconstruction associated with the development, all to the satisfaction of the Municipality. The Development Agreement shall require the developer to provide a certification from the engineer of record confirming that all works within the road right-of-way, stormwater controls and lot grading have been completed in conformance with municipal standards and in general conformance with the approved design.
- That upon Condition 10 of Consent B-14/2023 being satisfied, the owner shall install separate water, stormwater and wastewater service connections to the severed parcel of Consent B-14/2023 and that these connections be installed to the satisfaction of the Municipality’s Public Works and Engineering Department.
- That, if required, the Owner’s engineer shall apply and receive approval for an ECA related to the extension of municipal services associated with Consent application B-14/2023, to the satisfaction of the Director of Public Works and Engineering.
- That the Owner submits a Storm Water Management Report to the satisfaction of the Municipality.
- That the owner demonstrate that post development runoff from the proposed lots will not exceed the existing conditions. Any infiltration measures or other stormwater controls required shall be installed by the developer to the satisfaction of the Municipality’s Public Works and Engineering Department.
- That the Owner submits a lot grading plan for the severed and retained lands, depicting the suitable building locations, footing/foundation elevations as well as surface grades and swale flow routes, to the satisfaction of the Municipality. The lot grading design shall ensure adjacent lots will not receive increased runoff.
- That the owner pay a $1,300 cash-in-lieu of parkland dedication to the Municipality.
- That the Owners pay $7,370.00, representing 50% of the future road reconstruction costs of Erie Ave to an urban standard along the frontage of the severed lot of Consent B-14/2023, inclusive of curbs, sidewalks, street lights and road re-construction.
AND FURTHER THAT the reasons for granting Consent application B-14/2023 include:
- The proposal is consistent with the Provincial Policy Statement;
- The proposal conforms to the County of Middlesex Official Plan and the Middlesex Centre Official Plan; and
- Subject to the conditions, the proposal complies with the Middlesex Centre Comprehensive Zoning By-law.