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2564 I COUNTY OF ELGIN By·Law No. 2564. "BEING A BY·LAW TO AMEND COUNTY OF' ELGIN BY-LAW NO 2208:' WHEREAS it is desirable to exempt certain lands in the County of Elgin from the absolute prohibitions in By-Law No. 2208. THEREFORE the Council of the Corporation of the County of Elgin enacts as follows: 1- Section 2 of By-Law No. 2208, shall be amended by adding thereto paragraph (f) which shall read as follows: (f) Estate lots. 2. Estate lots, for the purpose of the By-Law shall be defined as (a) A lot having an area of less than two acres; (b) A lot designated as "Estate Residential" under the restricted area By-Law, for the local mu. nicipality wherein the lot is located, ~ (c) A lot, for which a building permit has been issued to permit the construction thereon of ~ residential unit ~ (d) A lot whereon it is necessary, to properly locate a residential unit, to remove trees to permit the construction and proper maintenance of the said residential unit, together with proper access thereto. 3. The Owner, prior to removing any trees from an es- tate lot as herein defined, shall File with the proper officer appointed under By. Law No. 2208, a plan of the said lot, showing the proposed location of the residéntial building unit, the type and number of trees to be removed and the location, approximate number of, and the general type of trees to remain on the said lot, together with a copy of the bUilding permit. 4. In all other respects By-Law No. 2208 shall remain the same. 5. THAT By-Law No. 2497 be and is hereby repealed. READ a first time this 20th day of December, 1978. READ a second time this 20th day of December, 1978 . READ a third time and finally passed this 20th day of December, 1978. - ~e....<-.~ -c G C. Leverton, Clerk . ~Œ@ŒavŒ® FEB :> 1919 C~; ;!Y OF ELGIN CW(" . "cASURER'S OFFICE ,-... -. Coutlt 'f -_.. C1 _.- -- p.rk . r':=::-¡:--;:-;--¿'----'---'ì \ J ·'1'Ç, . ió 'H';~~;~""rÇ\d to æ- o.......~. ,. ~:.:~~ --,~.._._-,....\ cc W.K Director Forest Resources Branch Te1ephone:965-2787 ~' ARC 1mb Attach.'/. Regional Forester London Ontario Yours truly Attached is a copy of the subject by-law bearing the approval of the Minister of Natural Resources on the reverse side January 31 1979 Mr. G.C. Leverton Clerk-Treasurer The Corporation of the County of Elgin 9 Gladstone Avenue S t, Thomas, Ontario N5R 2L3 Dear Sir SUBJECT Your bv-1aw No. 2564 Our file: GV Ontario J Natural Resources Parliament Buildings Toronto, Ontario M7A lW3 Your file; "BEING A BY-LAÌ'~ TO AMEND COUNTY OF ELGIH BY-LA"'! NO. 2208:' WHEREAS it is desirable to exempt certain lands in the County of Elgin from the absolute prohibitions in By-Law No. 2208. THElCEFORE the Council of the Corporation of the County of Elgin enacts as 10110'\015: 1. Section 2 of By-Law· No .2208, shall be amended by adding thereto paragraph (f) which shall read as follows: (f) Estate lots. 2. Estate lots, for the purpose of the By-Law shall be defined as (a) .Alot having an area of less than two acres; (b) , A lot designated. as "Estate Residential" under the restricted area By-Law, for the local mu- nicipalitywhereinthe lot is located, and (c) A lot , for which a building permit has been issued to cermitthe construction thereon of one resideÎ1tial unit and . - - (d) A lot whereon it is necessary, to propérly locate a residential unit, to remove trees to permit .the construction and proper maintenance of the said residential unit, together with . proper acceßs thereto. 3. The Owner, prior to removing any trees from an es- tate lot as herein defined, shall File with theproper>officer appointed under By- Law No. 2208, a plan of the said lot, showing the proposed location of.theresidential building unit, the type and number of> trees to be removed and' the location, approximate number of, and the general type of trees to remain on the said lot, together with a copy of· the bu.ilding permit. 4. In all other'· respects' By..Law No. 2208. shall remain the same. 5. THAT By-Law No. 2497 be and is hereby repealed. READ a first time this 20th day of December, 1978. READ a second time .this20th day of December, 1978. READ a third time and finally passed this 20th day of December, 1978. ~y'../ G. C. Leverton, / Clerk. ,/ I, G. C. Leverton, Clerk of the Corporation of the County of Elgin, do hereby certify that the foregoing is a true copy of By-Law No. 2564, passèd by the Council of the said Corporation on the 20th day of Deceniller, 1978. .-o:::z:::c~ ~ G. C. Levèrton, County ClArk. I .. AFFROV AL --- Pursuant to The Trees Act, the Minister of Natural Resources hereby approves By-law No. 2564 of The Corporation of the County of Elgin passed on the 20th day of December, 1978, a certified true copy whereof appears on. the revers e of,this approval. Dated at Toronto this ¿¡6Jt¡day of January, 1979; (i' , ~¡ " ~.. ~ J1 n + Mi. I ( ;ura , for t r '0 0 'I-Fì¡.~(~[~av~~ ,..' lP '" ~l!!J FEB :> 1979 ? 'j :,' ¡:, ,j Of. ELGIN s '{ ,,cL,,r., ".ü\SURtR'S OFFICE '" ) ,. ' '.j J Ij :¡ i_J '.r':>-j ;,.J.t. "J!; o .,~r "r , ~ 1.., " ;\( I '\ " 0.';: :<'; :) 8\ Cíè 9 1,\> "' COP y -~~@ŒÛ~lE® Murray J. Hennessey, B.A., B,C.L, John A, Paton, L,L.B. FEB 8 1919 February 6th, 1979 COUNTY OF ELGIN CLERI\.rREASUHER'S OFFICE W.K. Fullerton, Director, Forest Resources Branch, Ministry of Natural Resources, Parliament Buildings, Torontg, Ontario M7 A lW3 Re: County of Elgin Tree By-Law No. 2564 Dear Sir: We have received a copy of the Minister's approval of the above By-Law, which you forwarded to Mr. Leverton under letter dated January 31st, 1979. Mr. Leverton in reading the amendment, as approved, quite properly inquired of us, as to the eventual impact, after all of the suggested changes had been made, as it appeared to him that nothing really had been accomplished. He did refer specifically to our comments to you at some time throughout the course of our correspondence, to the effect that all the provisions of Section 2 of the amended By-Law would have to apply in any circumstance. I confirmed with him that obviously the comments relative to all of the conditions having to apply was at a time when the draft of the By-Law was worded so that Section 2(a) read, "a lot having an area of not less .than two (2) acres. " Once the word "not" was removed from that clause, the By-Law as we pointed out to Mr. Leverton is quite clear that clause 2ea) stands by itself, but to qualify for an estate lot, only Section 2eb) ,2(c) and 2(d) need be satisfied. I am sure you will agree with our interpretation, otherwise the By-Law has no meaning, notwithstanding its preamble which clearly states that the By-Law is being passed because it was desirable to amend or exempt certain lands in the County of Elgin from the absolute prohibition in the By-Law No. 2208. ....... ' . . .2 1/~~¿JJ¥~ Barristers & Solicitors -- 108 Centre Street, St, Thomas, Ontario P,O, Box 54B N5P 3V6 Phone 633-3310 o Filed ø nef~Hed t( II .. , page 2 Lr to W K Fullerton This letter is being forwarded to you for your files so that there will not be any misunderstanding Yours very truly, M. ennessey & Associates p . M. J. Hennessey, MJH/mlh I ~(' a;i GCL!sh Encl. I G.C. Leverton, Clerk-Treasurer. Yours truly, May Unfortunately it appears to me that it has not accomplished what the intent of County Council was, in exempt- ing "Estate Residential Lots", from the provisions of By-Law No. 2208. This seems to limit the lots to the same size as is exempt under the Trees Act, namely an area not exceeding two acres. I please hàve your comn~nts on this matter. Attached please find a copy of By-Law No. 2564. which amends the County of Elgin Tree By-Law No. 2208. This By-Law has received approval of the Minister of Natural Resources on January 26th, 1979. Re : B -I..3.w 2564 M. J. Hennessey & Associates Barristers & Solicitors P. O. Box 548 ST. THOMAS. Ontario N5P SV6 ¡l.ttenUOfl! ¡\ilr. M. J. Hennesse Dear Sir: February 5, 5 !\iO ? )t) 1979