Recommendation:
That Woodstock Council advise the Land Division Committee that the City supports the proposal to sever the subject property, subject to the following conditions:
- The Owner(s) shall enter into a Severance Agreement with the City of Woodstock as set forth in the City of Woodstock By-Law No. 5266-76, and amendments thereto. The Severance Agreement shall be
registered on first title by the Owner, to the satisfaction of the City of Woodstock.
- The Owner shall submit a recent survey to confirm lot sizes and building setbacks, to the satisfaction of the City of Woodstock.
- The Owner(s) shall remove all accessory structures on the severed parcel to the satisfaction of the City of Woodstock Building Department.
- The Owner(s) confirm(s) that no underground or overhead services serving the retained lands traverse the severed parcel and visa versa. Where such services exist, the owner shall relocate the services or obtain private easements over the severed and/or retained lands to the satisfaction of the City of Woodstock.
- The Owner(s) shall agree, in writing, to satisfy all requirements, financial and otherwise, of the City of Woodstock and the County of Oxford, regarding the installation of services and drainage facilities, if required.
- The Clerk of the City of Woodstock advise the Secretary-Treasurer of the Land Division Committee that all requirements of the City of Woodstock have been complied with.
And further, that Woodstock Council advise the Land Division Committee that the City supports Application File A23-04-8, submitted by David Redford and Justin Byers, for lands described as Part Lot 2, West Side of Powell Street, Plan 48, City of Woodstock, and municipally known as 414 Powell Street, as it relates to:
- Relief from Section 6.2, Table 6.2 – R1 Zone Provisions to reduce the required lot area from 370 m² (3,982.6f ft²) to 351 m² (3,778.1 ft²) for the proposed severed and retained lands; and
- Relief from Section 6.2, Table 6.2 – R1 Zone Provisions to reduce the required frontage for the proposed severed and retained lands from 12 m (39.4 ft) to 11.4 m (37.4 ft), to facilitate the severance proposed by Consent Application B23-25-8. The recommended relief meets the four tests of a minor variance as set out in Section 45(1) of the Planning Act as follows:
i) The relief is a minor variance from the provisions of the City’s Zoning By-law.
ii) The relief is desirable for the use of the land.
iii) The relief maintains the general intent and purpose of the City’s Zoning Bylaw.
iv) The relief maintains the intent and purpose of the Official Plan.