History of Property by Owner

2020-02-11 Planning and Development Department, Leeds and the Thousand Islands, Nicole Shorts / Marnie Venditti, I received you letter dated February 03, 2020 on Wednesday February 05, 2020 and responded to both of you via email that date, including seven page document regarding this lot and "Legal Non-Conforming Right, Grandfathering" deeded accordingly associating both lots being considered as one back in 1950. I asked if I could meet on the next day Thursday of Friday, which ever was most available. To date I have had no response. Attached is seven page documents considering the lots be associated as one for the examples identified. Regards. r "Rem" Burns Rural Residential Lot, #236 Background Information: This irregular shaped lot on the north side of the River Road and the lot on the south side of the River Road, in the Hamlet of Ivy Lea were both part of the one hundred acre operational farm owned and operated by my parents, J. Elmer and Vera Burns. This farm property started at the St. Lawrence River and ran north, across the River Road in Ivy Lea, beyond the now known Thousand Islands Parkway and ending at the Reynolds Road. The operational farm property included a farmhouse /summer kitchen, and numerous farm buildings, woodshed, machinery drive shed, barn, chicken coop, piggery and icehouse / storage building and granary. Livestock included beef and dairy cattle, horses, pigs, chickens and geese. At that point, in time, seventy years ago all this property was zoned Agricultural, as it was a working farm.. My father decided to sell the majority of the farm property in the early 1950's to Thomas and Ruby Cirtwell who owned a farm on Hill Island. My father retained and deeded both parcels of land as one. The lot with river access on the south side of the River Road was originally eighty-two foot six inches in length. A thirty-foot parcel of land was severed on the west side of the eighty-two foot six inch parcel to the west affording access to the St. Lawrence River for Tom Cirtwell and family, A sixteen-foot Right of Way along the west side of the original farmhouse, encompassing the remaining irregular lot identified in the deed. This was the original driveway into the farm property. This Right of Way intersected with another Right of Way to the west of this lot running in a north / south direction, at the corner of the then existing barn and drive shed. This Right of Way was included with the deeded property retained. Retention of access via a second Right of Way to the west of the properties running from the River Road to the Thousand Islands Parkway with the sale of the property to the Cirtwell family. This north / south Right of Way has deeded use for three parties, namely J. Elmer Burns, Tom Cirtwell and Helen Cranker upon the sale of said property. My father severed off the lot presently owned by Paul Ledas from the irregular shaped lot immediately to the west side of the farmhouse and sold it to Ben and Dot Cirtwell. Thus this remaining irregular lot has no road frontage and is only accessible via the Right of Ways, similar to many water properties throughout the township. The reason this irregular lot was retained and deeded with the sale of the farm property was that the parcel on the River Side with the family dwelling constructed in 1952 is located below a granite cliff with no safe available parking. The township road allowance in this particular section of the River Road is, always has been narrow encompassing a steep grade making it a very dangerous spot with oncoming traffic, not only for vehicles, but for pedestrians as well. Presently the property to the north of me has a retaining wall that encroaches on the township road allowance adding to this already dangerous section of the River Road. The present property owner has admitted to this fact, on the township road allowance. The roadway establishing approximate north / south Right of Way is presently owned in part by both Ms. Cranker and Mr. Lacroix. The use of this Right of Way was retained and deeded by Mr. Bums with the sale of the farm property to Tom Cirtwell, hence privileges and ongoing use by all three property owners. The use of this north / south Right of Way was offered for use by the majority of the resident landowners at the east end of the River Road at no cost whatsoever. Hayden Dawson and sons, cattle drovers used this Right of Way regularly, year round. As too, likely the township. Historically, the irregular shaped parcel of land was used by the Bums family operating a working farm zoned agricultural commencing in 1950 and has been used for parking and storage in some context since the construction of the family dwelling by my father, early 1952, for the past seventy years. As well, this area was being offered to neighbours i.e.Lyle Moxely, Garth and Beverly MacDonald, Josh and John Stewart, and the Goff family as and if required. Other neighbours were offered parking for visitors as there is limited parking along most of the River Road. I reiterate that from the time of the sale of the agricultural farm property, retention and intention of said piece of property with the family dwelling on the River side was to provide ongoing, lifelong usage parking, storage, garden, whatever required, affiliated and deeded as as unified property with the family dwelling as there was not and to this date is not sufficient parking and storage at the crest of the hill. Without allowance as was intended there is no place to park vehicles, store a boat, motor, a trailer or trailers or other items required for the use and enjoyment of the property. The surrounding landowners and the municipal township members and workers past and present are quite aware of this fact and potentially dangerous portion of the road for motorized vehicles, bicycles, and pedestrians in conjunction with this deeded property or as originally intended properties . The volume of motorized vehicles, bicycles and pedestrians year round has increased substantially and exponentially in the past seventy years. The recent installation of three speed bumps as a safety factor at the entrance to the Hamlet of Ivy Lea on the River Road. There has never been a cessation in the use of this deeded and adjoined property north and south of the River Road and has been in continuous use by the Burns family for parking, storage, both indoor and outdoor, etc. since the 1950's. Without the continued "Grandfathered" use of the previously uncontested property for parking, storage both indoor and outdoor including various other activities, gardening, volleyball, croquet, bocci ball etc. the owners ability to use said property accordingly severely and adversely affects the owner's ability to use and enjoy the established River frontage property as has been the past seventy years. The nature of the use of the property situated on the north side of the road has not changed since the family dwelling on the River side was constructed and hasn't deterred from it's original intent. Nothing has changed over the past seventy years except for a few new property owners. Never has there been any issues with any of the previous property owners, always friendly, social and considerably good neighbours. Zoning Bylaws change with time and seventy years is a somewhat long time and present bylaws depending upon the circumstances don't always take precedence regarding a Legal Non-Conforming Right. "A Legal Non Conforming Right is the right to continue a particular land use that is no longer permitted under the current zoning rules. In order to be eligible, the land use must have been).established at a time when it was permitted under previous zoning regulations or at a time that would have predated any zoning by-law being in existence and has to have been in continuous use since that time. The Ontario Planning Act governs how zoning By-Laws can be used for regulating the use and development of land. It also provides for what is known as legal non-conforming rights (also more generally as "grandfathering". It should also be noted that a temporary cessation in a use does not necessarily result in the loss of the non-conforming right. " As 1 was born at this farm and raised on the property , working and farm and present family dwelling seventy years ago this April, 2020 I attest that I have personal knowledge regarding a Non-Conforming Right Process. I have previously submitted sworn, written affidavits regarding the status of the Burns family dwelling from local residents and friends in the thirty to ninety + years range. The specific use was established in the early 1950's and legally deeded accordingly. The property has been used continuously since its establishment. There is not that I am aware of a change or expansion of the physical area utilized by a Non-Conforming Use, in North America, Ontario "grandfather" is used informally to mean "Exempt (someone or something) from a new law or regulation. Legal non-conforming use as it is known in Ontario is more generally known and described by the Supreme Cout of Canada as "the doctrine of acquired rights". Zoning by-laws are not retroactive in their effect. When a municipality passes a zoning by-law it will only apply to all subsequent development Legislation that permits a municipality to pas zoning by-laws is found in the Planning Act of Ontario specifically provided in subsection 34.(9): "(9) No by-law passed under this section applies, (a) to prevent the use of any landor structure for any purpose prohibited by the by-law if such land, building or structure has been used for such purpose of the day of the passing of the by-law, so long as it continues to be used for that purpose; or (b) to prevent the erection or use for a purpose prohibited by the by-law of any building or structure for which a permit has been issued under subsection 8 (1) of the Building Code Act, 1992, prior to the day of passing of the by-law so long as the the building or structure when erected is used and continues to be used for the purpose for which it was erected and provided the permit has not been revoked under subsection 8 (10) of that Act" Robert (Bob) Tchegus, Real Estate law, Cunningham and Swan, Kingston, Ontario.

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