Councillors here are unwilling to sell off a road allowance to permit two housing lots well off a county road near Glen Allan.
Council voted 2-1 against a recommendation by clerk Patty Sinnamon to declare a portion of Sideroad 16 surplus to the needs of the municipality.
The defeat of that motion leaves Tim Martin’s plans for two housing lots at the end of that unopened road allowance in limbo.
Sideroad 16 runs north off County Road 45 to the west side of Glen Allan (just east of County Road 11) and it looks like a farmer’s lane, because that is what it is currently being used for – even though the township maintains it.
There is a decades-old plan of subdivision to the north, along the Conestogo River. The road, however, acts as a farmer’s land and turns abruptly to the west into a farmhouse. Martin’s proposed two lots are hundreds of yards north of that. The land is Part of Lot 4, Concession 4.
The township maintains the part of Sideroad 16 leading to the farmhouse. The rest, towards the subdivision, is a field belonging to homeowner and farmer Carl Foell.
To create the lots, Martin has to merge several lots proposed long ago because they are too small to meet current standards for septic systems. His other difficulty is those lots do not have any road frontage – another firm rule in the township for being able to build a house.
Council considered the issue earlier in the year but wanted a legal opinion on the best way to proceed.
Sinnamon said in her report that she has discussed the issue with public works director Larry Lynch, who agrees the unopened road allowance has no value to the township as it currently exists. It is open part way and is the access to the Foell farm.
Sinnamon said Martin has two options open to him. One is to request the township to formally open the road by bylaw. As with any other developer, Martin would have to cover the cost to bring those roads to municipal standards – hardly worthwhile to him or council for two house lots.
Sinnamon said in her report “council should consider the long-term maintenance costs of the road to service only two residences.”
She said the second option, and the one recommended by staff, is to declare the lands to be surplus and transfer them to Martin. She noted that even then, Martin would require a minor variance before proceeding with the homes.
Sinnamon said the policy of offering surplus land to abutting landowners was dropped by the province in 2006, but in any case, Foell had indicated he had no desire to buy the road.
Martin’s two house lots sit so one is located to the north of the other. The unopened portion of Sideroad 16 is 66 feet wide.
Councillors noted earlier it would be easiest to close that entire portion of the road but also noted it is doubtful Foell would be interested in losing his township road maintenance. Further, the township has been spending money on it. Plus, councillors have noted Foell would need to have an agreement in place to cover maintenance of what could become a driveway.
If the township decided to sell the portion beyond Foell’s driveway, the two lot owners would need a right of way agreement. Besides those considerations, township plows have a tough time cleaning the current open portion of the road because there is little room to turn around in what is essentially a driveway.
The subdivision is one of several in the municipality left over from the mid-1800s, and the only reason council is considering the issue is because Martin’s lots were been legally created years ago.
When council considered the report, councillor Neil Driscoll said as far as he is concerned it is still not an option to turn the road over to Martin.
Mayor Bruce Whale said it is an option, but he suspected the township would face a legal challenge from Foell.
Driscoll said there are issues with frontage on County Road 45.
Whale said that would mean building a laneway, which is not as big a concern as the problems for the township plows making a turn in the narrow road.
When Whale called the vote to sell the road, councillor Mike Downey was in favour, but councillors Driscoll and Andy Knetsch were opposed and the motion was lost. Councillor Jim Curry was absent.
Whale said the issue would now return to staff and perhaps council can bring in a lawyer to discuss the legal issues involved in the proposal.
