Friday, March 22, 2013

Houses slated for corner of Hurst Drive and Big Bay Point Road


Single-family homes it is, finally, for a south-Barrie property.
City council will vote Monday on approving a housing development at the corner of Hurst Drive and Big Bay Point Road.
“We have for a very long time tried to accommodate the community and council,” said Andy Lomaga of developer Sierra Vista. “We consulted with the local alderman (Coun. Alex Nuttall) and the people and
they preferred to see single-family homes, to (rather than) townhouses, and that was our position.”
“This is an issue we have bantered back and forth for seven years,” said Nuttall, who represents this part of Barrie, and successfully amended the original staff recommendation.
The concept is for 38 single-detached homes on a private road with a commercial/residential block at the Hurst/Big Bay Point corner.
“After one year the applicant has the opportunity to provide evidence to the city that commercial cannot be successful at this location, at which time an additional five single- detached homes could be built fronting on the private road rather than the commercial originally proposed,” said Celeste Terry, the city’s senior development planner.
“If the city wants us to try for the commercial, we will,” Lomaga said.
This 3.25-acre site — at 650 Big Bay Point Rd. and 63 Kell Pl. — still requires a site plan application to review detailed design of the development.
Lomaga says he prefers reverse frontages for the homes there.
“I worry about that they (the city) will still require houses to be sited in such a way that they face Big Bay Point Road, instead of being sideways,” he said. “It’s a lot safer for people to have a fence.”
Coun. Barry Ward was the only one who opposed the motion on March 18.
“In the plans for the annexed (former Innisfil) land we heard earlier Monday, acting on the recommendation from council of what we want to see, we were told the proposed secondary plans would see sidewalks on both sides of most streets, higher densities at the intersection of major streets, no reverse frontages, which are unsightly and discourage pedestrians, a mix of housing styles and neighbourhood commercial uses,” he said.
“What we saw in Coun. Nuttall’s motion was a plan with no sidewalks, lower-than-possible densities at the intersection of two major streets, reverse frontages, more single-family homes in a neighbourhood already dominated by that style and the likely elimination of commercial uses,” Ward added.
“It seems what is a good idea for the annexed lands is not a good idea for the existing Barrie. Since council seems so quick to abandon the vision for the city in what we want here, because of pressure from a developer and some neighbours, it doesn’t bode well for council sticking to the plans of what we say we want in the annexed lands.”
Ward said area residents might have second thoughts about wanting single-family homes at Hurst Drive and Big Bay Point Road.
“What they are getting will be single-family homes on 28- or 29-foot lots,” he said. “From what I’ve seen of such developments elsewhere in the city, they will not be in keeping with the surrounding homes. I think well-designed town-homes would have been more attractive in that location.”
At one point, Sierra Vista had proposed a 58-unit townhouse development on the property — but neighbours opposed it. Many wanted single-family homes there, and also to keep Down the Road Irish Pub open. It has since closed and the building is gone.
The Ontario Municipal Board (OMB), which rules on contentious local government matters, rejected Sierra Vista’s plan.
The OMB also rejected the city’s plan, approved by the last council (2006-10), for 24 townhouses, 10 single-family homes and 5,000 square feet of commercial use on the site.
By Bob Bruton, Barrie Examiner

Wednesday, March 13, 2013

More Jobs/TV Work in Barrie? Unique tax break could spark boom in local television work


Something different was cooking up in the kitchen at Fernando’s Family Restaurant in Barrie’s east end.
Generally packed with diners hoping for bacon and eggs, the restaurant was instead filled with lights, cameras, eager young performers and maybe a glimpse into Barrie’s future as a television production hotbed.
As a handful of hungry regulars straggled towards the door of the restaurant, Kyle Francis gently broke the bad news that the restaurant was closed for the one day only. 
“You’re pulling my leg,” said one unamused senior as she ignored the bustle inside, obviously unimpressed with missing breakfast. “No, I’m not pulling your leg, it’s just for today,” said an upbeat Francis, one of the producers of the shoot. “We are shooting a television pilot inside.”
More than 20 actors and crew were inside the restaurant working on what is hoped to be a pilot for the young adult market, as brought together by Brain Power Studios based in Newmarket.
Studio head Beth Stevenson has nearly 30 years experience developing television programs for the Canadian and international market.
In keeping a local flavour for the whole thing, along with the restaurant, The Lab recording studios in the Unity Market was used for sound recording, and a good number of the crew, including Francis and director Justin Dyke, are Barrie-based cinematographers.
But one pilot does not a production boom make.
However, the construction of an 8,000-square-foot green-screen studio, which is under construction right now, points you in the right direction.
Dyke has a significant portfolio of work with Dare2 Productions, and with the opportunity of what Francis identifies as one of the bigger studios of its type in southern Ontario film and television production, Barrie might be the next big thing.
“We are going to be bringing a lot of production into town,” Francis said. “We fall under a unique tax break because we are located outside of Toronto. Both myself and Justin live in town here, so we have been trying to pioneer film production here in Barrie.”
More and more production is being created outside of Toronto, farther north and beyond because the costs can be kept lower.
The added bonus is that locals have an avenue for employment.
The company has a number of shows in development, one already being broadcast on CBC, plus a couple of cooking shows and plans to do some ‘horror stuff’.
“The distribution company that we hooked up with for a couple of kids shows are desperate for horror content, so the plan is to look at that genre,” Francis said. “Bring it all here to Barrie.”
And that is worth missing breakfast for.

Thanks to JT McVeigh and his article in the Barrie Examiner

Monday, March 4, 2013

Who gets the family home when a marriage breaks down?


Who gets the family home when a marriage breaks down?
  
When a marriage breaks down, one of the major questions for a couple is how to deal with the matrimonial home. On the one hand, there may be a desire for one spouse to stay in the home with the children, to provide some family stability. However, due to the tax advantages relating to the matrimonial home, legal advice should be sought before making any decisions.
As the attached article indicates, there are many issues, including division of assets, support and taxation that will have to be determined.
  
Original article from Real Estate Expert and Lawyer, Mark Weisleder's article. Also important to know and protect yourselves somehow even before purchasing the home. See some examples below:

  • if you were single individuals and already owned homes independently - why not keep them and instead of selling - rent them out. This way they become and investment or a house to fall back on
  • speak with a real estate lawyer before you get married to determine how title should be registered
Without a marriage contract, most assets accumulated by a couple will be divided 50-50 on separation. But in order to minimize the impact of divorce on a family, in many cases one spouse stays in the house with the children while the other spouse leaves.

How is the matrimonial home valued vs. a family business?
This is a tricky question. Although you can appraise a home and a business and put values on them, the tax treatment for each is very different. For example, let’s say you have a home and business and each are appraised at $500,000. They were each purchased for $100,000. When you sell a business, you will have to pay tax on any gain that you made. Yet when you sell your home, which is your principal residence, no tax will be payable. Therefore, in most cases, a home that is appraised the same as a business is actually worth more than the business. This must be taken into account when negotiating any division of property.

Can one spouse be forced to move out?
Each married spouse has the equal right to live in the family home. Let’s say the house is registered in the wife’s name alone. They decide to separate. The wife cannot demand that her husband leave. If this cannot be worked out amicably, then the couple will likely have to go to court to get an order as to whether one spouse leaves, or whether the home is sold and the money divided.

Does it matter who stays in the house?
In many cases, upon separation, one spouse will move out of the family home. It will still require the permission of both spouses to either mortgage or sell the home, even if they are not on title. However, while the spouse who lives in the home will not be paying any rent, the spouse who moves out will have to pay rent in another location, and will likely still be responsible for 50 per cent of the mortgage and other expenses in the matrimonial home.

Can the spouse who stays put a mortgage on the home and keep the money?
The answer is no. Even if you leave the home, and even if the property is registered solely in the spouse’s name who stays, you cannot mortgage a family home without the permission of both married spouses.

Do common law spouses have the same rights?
The answer is no. Common law spouses have no entitlement to a share in a family home, unless their name is on title, or if they can prove that they have contributed financially to the purchase of the home. If you are buying a home with your common law partner, you must get your name on title to protect yourself.
Family lawyer Elliot Birnboim of Toronto also tells me that when one spouse gets possession of the family home, this will also affect child and spousal support calculations.

The lesson here is to obtain expert family law advice before you make any decision about what to do with your family home if you decide to separate. The goal should be to balance what will be best for all members of the family, while also ensuring that any property is divided fairly.

About Mark Weisleder
Mark is a lawyer, author, instructor, Toronto Star columnist  and keynote speaker for the real estate industry. 
Mark Weisleder
62 Hillmount Ave. Toronto, Ontario,M6B 1X4
(416) 702-2499
170 Wilkinson Rd., Brampton, Ontario, L6T 4Z5
(905) 454-9606

Saturday, March 2, 2013

Selling A Home? Disclose - Disclose - Disclose! Yes, Even a Death!


Disclose any kind of death in a home

Questions have been raised as to whether a seller should disclose that there has been a natural death which occurred in the home. In my opinion, if it is a fact that would be important to a buyer, then it should be disclosed. In the GTA alone, there are so many cultures and languages spoken that it is almost certain that a death in the home, however it happened, may affect a buyer's decision to buy a property so it should be disclosed before any offer is made.
Here's an article from real estate expert and lawyer, Mark Weisleder about a case involving a suicide that was not disclosed to the buyer as well as my his views on the subject.



About Mark Weisleder
Mark is a lawyer, author, instructor, Toronto Star columnist  and keynote speaker for the real estate industry. 
 
Mark Weisleder
62 Hillmount Ave. Toronto, Ontario,M6B 1X4
(416) 702-2499
170 Wilkinson Rd., Brampton, Ontario, L6T 4Z5
(905) 454-9606
  

  

Friday, March 1, 2013

Check Carefully for minor defects when doing home inspections


Check Carefully for minor defects when doing home inspections
  
When you are visiting a property before making any offer, do not be shy about your due diligence. This includes looking behind every picture on the wall, under every bed or area rug and lifting everything off the kitchen counter.
  
As the following case illustrates, if a buyer does not do their homework in advance, they may not be able to complain about anything after closing.
Have a checklist when you visit any home before making an offer, to make sure that nothing is missed. Then there will not be any unwelcome surprises after closing.  
  


About Mark Weisleder
Mark is a lawyer, author, instructor, Toronto Star columnist  and keynote speaker for the real estate industry. 
 
Mark Weisleder
62 Hillmount Ave. Toronto, Ontario,M6B 1X4
(416) 702-2499
170 Wilkinson Rd., Brampton, Ontario, L6T 4Z5
(905) 454-9606