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Friends of the Cawthra Bush & Greater Mississauga Area
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- June 15, 2004
Our File: C.01 Dear Ms. Taylor: Thank you for your letter dated June 2, 2004 regarding the proposed sewer easement through the tree preservation area in the development at Britannia Road and Bidwell Trail. Mr. Minkowski from the City's Legal Services has provided you with a full explanation of the status of the sewer easement issue. Put briefly, the Zoning By-law establishes legal rights for a landowner. The Zoning By-law in this case, By-law 0074-2003 as enacted, allowed for a sewer easement through the tree preservation area. As one of the appellants of By-law 0074-2003, you would have been familiar with the contents of the By-law. I am advised that not only did you not raise any objections to that part of By-law 0074-2003 which allows for the sewer easement through the tree preservation area, but, at the hearing before the Ontario Municipal Board, you stated that you consented to the By-law being approved subject only to a change in the maximum number of dwelling units and to a change in Schedule I. I am further advised that the Ontario Municipal Board approved By-law 0074-2003 as it appears now based in part upon your explicit support. Should you have disagreed with the portion of the By-law that allows for a servicing easement in the preservation area, it fell upon you, one of the persons who appealed By-law 0074-2003 to the Ontario Municipal Board, to have raised an objection during your appeal. In view of the provisions of By-law 0074-2003, the City is not in a position to now deny the landowner those rights established under that By-law. To do so would be irresponsible on the part of the City as it would place the City in jeopardy, legally, at the hands of the landowner and expose the taxpayers of Mississauga to financial repercussions. Regarding the settlement agreement with the landowner, my understanding is that Mr. Minkowski has explained to you that the City is not a party to the settlement agreement signed between the landowner, you and Ms. Karrandjas. As a result, the City is not in a position legally to seek redress on account of a private contractual matter to which it is not a party. It is up to the parties themselves to deal with their own contractual matters. Once again, thank you for bringing your concerns to my attention. Sincerely,
cc: Councillor
George Carlson, Ward 6
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