THE CORPORATION OF THE MUNICIPALITY OF CALLANDER July 21, 2006

[jreist]

I checked into the Munc of Callander sale for July 21.2006. I contacted them and they gave me information but we are not interested

Parcel 1, Lot 45, RCP 315   .42 acre triangular lot at the corners
of Country Lane Rd and Terrace Rd - Minimum tender $2,388.59, zoned
Rural

http://www.google.ca/maphp?hl=en&tab=wl&q=country%20ln%2C%20North%20Himsworth%2C%20ON

Parcel 2 - Parcel 15438, Pt Lt 5, Conc 18, Part 1, Plan 424-9430, 1 acre
lot on Hill Siding Road - Minimum tender $3,207.65, zoned Rural

http://www.google.ca/maphp?hl=en&tab=wl&q=hills%20siding%20rd%2C%20North%20Himsworth%2C%20ON

If you want more information the contact that replied to my email was
Kim Champigny
kchampigny@callander.ca

[Rob]

Thanks Jreist.  Many people will find this information very useful.

[gap]

Most people weren't interested in these lots when they found out they were zoned rural, and they didn't meet the current rural minimum requirements.  BUT, these lots were done well before the new O.P. (Official Plan) for the area, and thus, do not qualify for the new requirements.  You can build on both of these lots as they were pre-existing to the by--law qnd O.P. that set the minimum.   That might be good information for people fighting zoning issues.

[kcu]

I am curious, why would the municipality insist that they will not approve any building permits without rezoning? And furthermore, state that they would not support the rezoning. This sounds like conflicting information. 
Have you personally obtained your info from the municipality?

[gap]

Yes and no.   I spoke with a planner who had recently been involved in the same case situation in the same municipality, and they were forced to agree as the lots were in the same position as these were and in the same municipality, etc.   They give out that general information because they are obligated to:  the rule is that after the Official Plan, any  new rural lots have the required area.  (Callander's is 2 acres, Lake of Bays in Muskoka, Bracebridge township are all 10 acres).   However, if lots were designated (and subdivided officially) before the Official Plan, those rules do not apply.   It's the same with the GST principle.   Newly subdivided lots (or for example, newly subdivided condo developments on previous lots designated something else, e.g. commercial) has GST payable.   Old lots existing before the GST do not require you to pay tax.  I had a similar situation on a lot (it did not fit the new minimum requirements, but those didn't apply because it was a pre-existing lot I developed a few years ago and the same rule applied.   There's a new rule for subdividing waterfront on most Ontario lakes.   Many municipalities have opted for Ontario's plan suggestion of a minimum of 400', so if you have a lot of 500' waterfront, you can no longer subdivide it further.  Previous to the subdivision/planning changes (which were fairly recent), you could subdivide it into 5 lots, each with a waterfront of minimum 100'.  Years before that it was 50', etc.  So, it basically all depends on when the lots were created.   These two lots in Callander were created by a subdivision in 1958 and show on surveys before that.  There is no way they could argue the case once you initiate proceedings for a building permit.  I've won on this premise on several other occasions.  I just got a building permit for example on a small rural lot in Huntsville where you NOW require over 10 acres.   This pre-existing lot is only 2.5 acres.

[gap]

Another example of this is the Addington Highlands area, which is right now an unorganized township.   Their official plan (OP) is due by the end of this year.  It will change all new subdivisions, but at the moment existing lots do not pay the price (of whatever new minimum requirements or setbacks will be, etc), neither will lots divided between now and their official plan.