Order LA93-02D - Planning - George & Mary Gill - Application to Alter Land Identification Agreement (Apr 14, 1993)

Order: LA93-2D

IN THE MATTER of the Planning Act, R.S.P.E.I. 1988 Cap. P-8;

and

IN THE MATTER of an application to The Island Regulatory and Appeals Commission (the Commission), pursuant to Section 8.(6) of the Planning Act, whereby George Gill and Mary Gill (the Applicants) have applied to alter a Land Identification Agreement between the Applicants and the Land Use Commission filed in Libre 611 at Folio 54 in the Queens County Registry Office.

BEFORE THE COMMISSION

on Wednesday, the 14th day of April, 1993.

John L. Blakney, Vice-Chair
Debbie MacLellan, Commissioner
Michael Ryan, Commissioner

ORDER

Appearances & Witnesses

1. For the Applicants

George Gill the Applicant

Reasons for Decision

I. BACKGROUND

In 1990, the Applicants acquired property (Provincial Property Number 693911) located at Mount Herbert, Queens County, from the Land Development Corporation. The Land Identification Regulations under the Planning Act required the Land Development Corporation (the Corporation) to notify the Land Use Commission that the Corporation intended to sell land and required the Commission to determine if the land should be identified for non-development use.

On November 14, 1990, the Applicants and the Land Use Commission executed a Land Identification Agreement which identified a portion of the property for non-development use. Three lots as described on a Gulf Survey Plan (file and dwg. no. 3131, dated and revised October 16, 1990) received planning approval and were excluded from the identification agreement. Lot # 1 is a commercial lot and contains "The Brickyard". The Applicants' existing dwelling is located on Lot # 2, while Lot # 3 is approved for single-family dwelling use and is vacant.

A Notice of Termination of Identification Agreement dated November 28, 1990 was filed with the Land Use Commission by the Applicants and identification will be terminated on November 5, 2001.

On March 4, 1993, the Commission received an application to alter the Land Identification Agreement to permit the subdivision of a single-family dwelling lot.

II. EVIDENCE

A. Applicants

Evidence for the Applicants can be summarized as follows:

The Applicants propose to build a single family dwelling for their personal use on the lot. The lot size proposed in the application was 200 feet wide and 200 feet deep. The depth of the lot can be decreased to be consistent with the rear lot line of the lot adjacent to the site (approximately 130 feet). Maintaining the 200 feet frontage will enable the use of an existing farm access.

The property was in disrepair when the Applicants leased it from the Corporation 7-8 years ago. The Applicants spent 2-3 years restoring it to active agricultural land which included paying a farmer to plow and lime the land. During the period of the lease the Applicants were unaware that the land might be identified at the time of purchase.

The Applicants could sever Lot # 2 which has the existing dwelling located on it and build on the remaining parcel. However, that alternative is unacceptable because it would interfere with the Applicants' intention to sell the remainder of the land after the proposed lot is severed.

Lot # 3 is vacant and is an alternative site, however, it is unacceptable to the Applicants because of its location.

The Applicants believe that identification has devalued the property.

III. DECISION

Having considered the evidence presented during the hearing, the Commission decided to allow the alteration provided the lot is developed as proposed by the Applicant at the hearing.

The Commission notes that the remainder of the 38 acre parcel will be available for agricultural use and that altering the identification agreement will allow the Applicants to build their home and continue to live on the land and in the community that they have lived in the past.

The Commission believes that in this particular case the loss of approximately 0.75 of an acre of land from agricultural use is not significant. The Commission observes that over the years a number of lots have already been subdivided from the parent parcel along Highway 21. Consequently, one additional residential lot should not interfere with the continued use of the identified land for agricultural purposes.

Considering the intention of the Applicants to build their residence on the proposed lot and to sell the remainder of the 38 acres with buildings, the Commission agrees to allowing the alteration of the land identification agreement.

IN THE MATTER of the Planning Act, R.S.P.E.I. 1988 Cap. P-8;

and

IN THE MATTER of an appeal to The Island Regulatory and Appeals Commission (the Commission), pursuant to Section 8.(6) of the Planning Act, whereby George Gill and Mary Gill (the Applicants) have applied to alter a Land Identification Agreement between the Applicants and the Land Use Commission filed in Libre 611 at Folio 54 in the Queens County Registry Office.

Order

WHEREAS George Gill and Mary Gill (the Applicants) applied to The Island Regulatory and Appeals Commission (the Commission), in written notice dated March 4, 1993, to alter the Land Identification Agreement between the Applicants and the Land Use Commission;

AND WHEREAS the Commission heard the application at a public hearing conducted on April 14, 1993, after due public notice;

NOW THEREFORE, pursuant to the Planning Act;

IT IS DECIDED THAT the application to alter the land identification agreement is hereby approved.

DATED at Charlottetown, Prince Edward Island, this 5th day of May, 1993.

BY THE COMMISSION:

John L. Blakney, Vice-Chair

Debbie MacLellan, Commissioner

Michael Ryan, Commissioner