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Home My WebLink About04 173 zoning garden ste 76-13 e e e -. THE CORPORATION OF THE MUNICIPALITY OF KINC INE BY-LAW NO. 2004-173 A BY-LAW TO AMEND BY-LAW NO. 76-13, AS AMENDED, BEl G THE ZONING BY -LAW , FOR THE MUNICIPALITY OF KINCARDINE ! ,I Peebles (Stanley and Freda Price) I Lot H, Concession 1, Municipality of Kincardine (former TOWrshiP of Bruce) I WHEREAS Section 34 of the Planning Act, R.S.O 1990, ChaPte~ 13 authorizes the Councils of Municipalities to enact and amend zoning by-laws wijiCh comply with an approved official plan; ! AND WHEREAS the Council of the Corporation of the Township 0 Bruce has enacted By-law 76-13, a zoning by-law enacted under Section 34 of the said Planning Act; AND WHEREAS the Corporation of the Township of Bruce has re tructured to now be a part of the Corporation of the Municipality of Kincardine; I AND WHEREAS the Council of the Corporation of the Municiþality of Kincardine desires to amend By-law 76-13; 1 NOW THEREFORE The Council of the Corporation of the Muni ipality of Kincardine pursuant to Section 39 of the Planning Act, R.S.O. 1990, c. .13, as amended, ENACTS as follows: 1. Schedule 'A' to By-law No. 76-13, as amended, is hereby fu her amended by changing thereon from 'A-R' to 'A-R-16' the zoning designati n of those lands described as Lot H, Concession 1, Municipality of Kincardin (former Township of Bruce), as outlined on Schedule 'A', attached to and formi g part of this By- . law. 2. By-Law No. 76-13, as amended, being the Zoning By-Law ~ r the Municipality of Kincardine, is hereby further amended by adding the followi g subsection to Section 10.1 thereof: 10.1.8 Notwithstanding their 'A-R' zoning designation, those lands described as Lot H, Concession 1, Municipali of Kincardine (former Township of Bruce) and delineated as A-R-16' on Schedule 'A' to this By-law shall be used in compliance ith the 'A-R' Zone provisions contained in this By-law, excepting, however, that: (i) A 'Garden Suite'shall be a perm ed temporary use. For the purposes of this By-law, he term 'Garden Suite' shall mean a one-unit det ched residential structure containing bathroom a d kitchen facilities that is ancillary to the existing re idential structure and that is designed to be porta Ie. . . ./2 e e e e Page 2 Amend By-law No. 76-13 - Lot H, Concession 1 (Pee les) By-law No. 2004 -173 (ii) The Council of the Corporation of t e Municipality of Kincardine requires the owner of th subject lands or any other persons to enter into an greement with the Municipality dealing with matters re ated to the Garden Suite and which agreemen is attached to this By-law as Schedule "B"; ¡ (iii) The period of time for which this B -law shall be in effect, shall not exceed ten (10) ~e rs from the day of the passing of the by-law (I.e. 17 ay of November 2014) or sooner should the occupa ts no longer require the temporary use of the b ilding for the purpose of a 'Garden Suite'. ! This By-Law takes effect from the date of passage by council/sUbject to the provisions of the Planning Act, R.S.O. 1990, c. P.13, as amenf.ed. This By-law may be cited as the "Amendment to Zoning By-Ia No. 76-13, Lot H, Concession 1, Municipality of Kincardine (former Township of Bruce) By-law". READ a FIRST, SECOND and THIRD time and FINALLY PASSED ~his 17th day of November 2004. 1 I 3. 4. ~.~ Maýor ( , ~ lerk , ~.' . .. . w SCHEDULE 'A' Lot H, Concession 1, Municipality of Kincardine(former Township of Bruce) ~I? ~f? G S.-?ú. C¿' .-?D t ~ ~ ~ ~ oJ ~ ~ ~~ ! 40 . - I I 1-------1 SUBJECT PROPERTY LANDS TO BE ZONED 'A-R-16, RESTRICTED RURAL SPECIAL' LANDS TO REMAIN 'H-R, RESTRICTED HAZARD LAND' THIS IS ZONING 17th SCHEDULE 'A' TO THE COMPREHENSIVE BY-LAW NO. 2004 - 173 PASSED THIS DAY OF Hovellber. 2004. ßJ.a~~~L~ MAYOR CLERK APPLICANT: StonIIr cnII 'redO Price Di'TE: ......... 20CM -' .:-.,. /., ! . . . . ~'~1'. This is Schedule" ß "to By'-Law No. -ISpassed the ¡7#¡day of Dt, ZOO. GARDEN SUITE AGREEME~Yor THIS AGREEMENT, made in quadruple, THE ¡""1 c¡I.. DAY OF ,.j vGMSa ,. 2004 BETWEEN: DouQlas Peebles and Linda Peebles (Hereinafter called the "Owner") OF THE FIRST PART AND: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (Hereinafter called the "Municipality") OF THE SECOND PART WHEREAS the Municipality acknowledges the existence of a mobile home on the subject property that meets the definition of a garden suite as set out in s. 39.1 (2) of the Planning Act, RS.O. 1990, c. P.13, as amended (the "Mobile Home"); AND WHEREAS as II condition of the Municipality authorizing a temporary use by- law the Municipality requires that the Owner enter into this Agreement regarding the removal of the mobile home from the subject property pursuant to s. 39.1 of the Planning Act; NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the sum of one Dollar ($1.00) now paid by each party to the other, the receipt and sufficiency of which is hereby acknowledged, and of the mutual covenants contained in this Agreement, the Owner and the Municipality agree as follows: 1. This Agreement affects the lands set out in Schedule "A" to this Agreement (the "Lands") and shall enure to the benefit of and be binding upon the parties hereto, their respective successors and assigns. 2. The Owner shall pay to the Municipality forthwith upon the execution of this Agreement all applicable Municipal fees including building permit fees, and registration charges, in the amount of $350.00. This figure shall be subject to adjustment if unexpected expenses are incurred by the Municipality. 3. Subject to the provisions of any By-laws enacted by the Municipality respecting the repair and maintenance of properties, the Owner shall repair and maintain the Mobile Home and the area adjacent to the Mobile Home, at all times, to the satisfaction of the Municipality. 4. The Owner agrees to maintain the Mobile Home to the satisfaction of the Municipality in accordance with Municipal approvals. Any structural changes to the Mobile Home and/or area adjacent to the Mobile Home must be first approved in writing by the Municipality. Amendments to this Agreement may be required. . . . . . ~ , ~. 5. The Owner agrees th~t the sole occupant of the Mobile Home shall be the person listed below: Full Name of Occupant Relationship to the Owner Stanley and Freda Price Parents of Owner 6. It is hereby understood and agreed that the Municipality shall have no responsibility to install any extension to Municipal Services or to provide for any connections to Municipal Services to the Mobile Home. 7. The Owner agrees to remove the Mobile Home, at his sole expense, from the Lands within six (6) months from the date when the Mobile Home is no longer ~ occupied by the occupant set out in paragraph 5 of this Agreement, or .fr % ::-" e.µ-S- ~ immediately ~n the sale of the Land to another party (and prior to its ~ ~ .....f ~ conveyance)"whichever occurs first. Upon the removal of the Mobile Home ~.u.~ the Owner shall also remove all services and facilities for the Mobile Home. In 1'\0 rQ,I'\4/.Joo.t the event that the Owner fails to remove the Mobile Home within the said time, the Municipality may enter upon the Lands and remove the Mobile Home and charge the cost thereof, together with an administrative fee of 30% of the cost of such work to the Owner, who shall pay the same forthwith upon demand by the Municipality, failing which it may be added to the tax roll for the Lands and collected in the same manner as municipal taxes. ~~ ~ 8. The Owner shall be released from any and all obligations contained herein upon the removal of the Mobile Home from the Lands, the restoration thereof, and payment of any and all outstanding fees owing to the Municipality by the Owner, at which time the Municipality agrees that it shall sign a Release delivered to it, prepared by the Owner, at the sole expense of the Owner. 9. Any notice to be given hereunder shall be in writing to the other party and either delivered personally or sent by prepaid registered mail, and in the latter case shall be deemed to have been given three (3) business days following the date upon which it was mailed. The address of the parties for the purpose hereof shall be: to the Owner at: 2882 Bruce Road 15, RR. #2 Tiverton Lot H, Conc. 1 (former Bruce Township) Municipality of Kincardine to the Municipality at: 1475 Conc. 5, RR. #5 Kincardine Municipality of Kincardine 10. All fees to be paid by the Owner to the Municipality, pursuant to the terms of this Agreement, shall be paid forthwith on the date of billing by the Municipality and in the event of failure to so pay, the Municipality may charge interest calculated at a rate per annum equal to 3% above the rate charged from time to time by the Banker of the Municipality to the Municipality. Any sum paid shall be applied firstly in payment of the interest charges which have accrued pursuant to the terms of this paragraph and the balance shall be applied in reduction of the principal amount of any fees then outstanding in accordance with the terms of this Agreement. 11. All fees payable to the Municipality by the Owner in accordance with the provisions of this Agreement shall be recoverable as Municipal Taxes pursuant to the provisions of the Municipal Act, 2001, 5.0. 2001, c. 25, as amended. ~ . . . e· 12. This Agreement shall be read with such changes of gender and number as the context may require. IN WITNESS WHEREOF the parties hereto have affixed their respective hands and seals and the Corporation of the Municipality has hereto affixed its Corporate Seal duly assisted to by it Mayor and Clerk. SIGNED SEALED AND DELIVERED ) The Corporation of the Municipality of ) of Kincardine ) ~ Per. ..iJJ-1. ~ , ) Mayor ) ___ AJ ) Per. "'\ .." \...-.. ;:.. 3... ~-a:fJJ - CAO ~- ~ Å ~ I Witness: -~..~ Witness: ----- ) Per: ) Doug eebles ~ ¡~.¿,Û -) Li a Peebles ~ .,; ,I ~ . . . .. SCHEDULE "A" All and Singular that certain parcel or tract of land and, premises situated, lying and being on Lot H Concession 1 (former Bruce Township) . Municipality of Kincardine, County of Bruce, deposited within the Registry Office for the County of Bruce. ......... ~~,.~. --'r'" "--, J~'~'\'A>;'0ifS;'!.;/<"j'¡f = :;~ ^«;~/7~_'-_¿~"-'< -