Ancaster condo project gets gates to separate homes from rest of development
Hamilton Spectator
By Kevin Werner
22 May 2017

120 John Frederick Drive, Ancaster  By Kevin Werner, HCN

Ancaster Coun. Lloyd Ferguson is betting a gate establishes recognition for homeowners that they are “special” from the rest of the residents living in the same community.

common element condominium development

Hamilton’s planning committee May 16 agreed to Ferguson’s motion requiring developer Losani Homes to install gates at entrances to what is called a common element condominium development at 120 John Fredrick Dr. The development, which is being constructed just off Garner Road, but with people already moving into finished condo units, has 52 semi-detached units along a private road with sidewalks, landscaped areas and 19 visitor parking spaces.

The difference from the rest of the resident development is it is a private area because it is a corner lot, so it will not receive public services such as snow plowing.

“The motion isn’t asking to change the fence,” said Ferguson, who is not a member of the planning committee. “It’s not asking to change the posts. This is to put gates on, and the reason I want the gates on it gives (condo owners) something for privacy. Homes are already going up, so let’s make it a private area.

“We’ve got to make this right for the people who are coming in there who will have to pay condo fees while their neighbours are not,” said Ferguson.

William Liske, a lawyer for Losani Homes, urged councillors to reject the idea.

He said to allow any changes to the site design would transform the character of the neighbourhood. Liske said any additions to the condominium plan can be done at the site plan stage.

He said people purchased their condos after the city approved the site plan last fall. To change the site plan now would impact residents’ purchase agreements, he said.

Under a common element condominium agreement, the buildings can be constructed even though a site plan has not yet been approved.

“It is quite legal and quite proper,” said Liske, “that people are living in their homes when the condo plan is not yet registered.”

“They bought the approved site plan. They bought the features that were shown on the site plan. They bought based upon a budget of maintaining the elements out of the site plan as it was designed as it was approved by the city,” said Liske. “I think it is very difficult and prejudicial on residents of the community to change that now.”

Planning staff supported the draft plan of condominium and recommended approval. The issue had been before the planning committee in February, but was deferred until later in the spring.

Ferguson said he was “surprised” that people were already moving into their units despite the construction in the area.

He said installing gates can be easy and will create a private environment within their neighbourhood.

“It gives them a sense they are special because they are paying condo fees,” he said.

owners of those condos will be surprised to learn they are living on a private road and will not be getting city services

Ferguson said there was no indication that the one block of condos was different from the other residences throughout the development. He said owners of those condos will be surprised to learn they are living on a private road and will not be getting city services, while their backyard neighbours will be receiving snow plowing.

“Homes are already going up, roads are done,” said Ferguson. “So let’s make it a private area.”

The planning committee approved Ferguson’s motion to add gates to the block development, while also agreeing to Losani Homes’ draft plan of condominium application.


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