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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