THAT Consent Applications B-10/2022, filed by Stewart Findlater on behalf of Heather Cook in order to sever a residential lot from a 1.79 acre (0.73 hectare) residential property to facilitate the construction of a single-detached dwelling on the severed lot, with the severed lot having a front of approximately 43.25 metres (142 feet) along Denfield Road (CR 20), a depth of 84.6 metres (278 feet) and an area of approximately 0.9 acres (0.365 hectares), and the retained a frontage of approximately 43.25 metres (142 feet) along Denfield Road (CR 20), a depth of 84.6 metres (278 feet) and an area of approximately 0.9 acres (0.365 hectares), from a property legally described as Part of Lot 28, Concession 15 South, in the Municipality of Middlesex Centre, County of Middlesex; be GRANTED.
AND THAT Consent B-10/2022 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 fee for the Certificate of Consent be paid in accordance with the Municipality’s Fees and Charges By-law.
- That a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of Consent B-10/2022 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-10/2022 be paid in full.
- That the transfers for the subject applications be registered concurrently by the Owner’s solicitor.
- That the Owner submits a Storm Water Management Report for the retained and severed lands ensuring no negative impacts to adjacent properties, to the satisfaction of the Municipality.
- That the Owner submits a lot grading plan for the severed and retained lands, to the satisfaction of the Municipality
- That the existing access be removed and a new shared access established, and that the owner be required to apply for and receive all necessary permits, to the satisfaction of the Municipality.
- That the severed and retained parcel dedicate a 0.3 metre reserve across the entirety of the frontage, save and accept the shared access easement on the retained and severed parcels.
- That the Owner provide confirmation that the private sewage disposal system that services the residence on the retained lot of Consent B-10/2022 is wholly contained on the said lot and that a 100% contingency area exists, to the satisfaction of the Municipality.
- That if necessary, the Owner be required to install a new septic system on the retained lands and demonstrate that a 100 % contingency area exists outside of any easements, to the satisfaction of the Municipality, prior to the issuance of a Certificate of Consent.
- That the Owner demonstrate that the severed land is adequately sized for a septic system and contingency area, to the satisfaction of the Chief Building Official.
- That the Owner confirm all services for the retained lands are wholly located on the retained parcel, including but not limited to any water lines, water shut off valves, and hydro lines servicing the retained lands, to the satisfaction of the Municipality.
- That the Owner remove any improvements, to the severed parcel, to the satisfaction of the Municipality.
- That the Owner be required to establish a shared access easement on title of the served and retained lands, to the satisfaction of the Municipality and County Engineer.
- That the Owner be required to dedicate lands along County Road 20 (Denfield Road) of up to 18 metres from centreline for the entire frontage facing said road, for both the severed and retained lands, to the satisfaction of the County of Middlesex Engineer, if the roadway is not already to that width.
AND THAT Consent Applications B-11/2022, filed by Stewart Findlater on behalf of Heather Cook, in order to establish a shared access easement for the severed and retained parcels for consent application B-10/2022, with the easement being located on a property legally described as Part of Lot 28, Concession 15 South, in the Municipality of Middlesex Centre, County of Middlesex; be GRANTED.
AND THAT Consent B-11/2022 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 fee for the Certificate of Consent be paid in accordance with the Municipality’s Fees and Charges By-law.
- That a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of Consent B-11/2022 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office.
- 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.
- 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.
- That any outstanding property taxes for the subject lands of Consent B-11/2022 be paid in full.
AND FURTHER THAT the reasons for granting Consent application B-10/2022 and B-11/2022 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,
- The proposal complies with the Middlesex Centre Comprehensive Zoning By-law.