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HomeMy WebLinkAbout01/22/1973Page 2 Meeting Committee of Adjustment, January 20, 1973: Following an extensive discussion on this matter the Secretary -- Treasurer was instructed to reply to the Clerk -Administrator as follows: January 20, 1973. 11 Mr. B.W. Collins, A.M.C.T., Clerk -Administrator, for the Township of Clarke, Municipal Offices, Orono, Ontario. Dear Sir: Reference is made to your letter of January 18, 1973. The Committee of Adjustment have treated the vote in Council as an unanimous vote of confidence and in view of these circumstances they have decided unanimously to stay on at the present time. Yours very truly, "Ellen M. Yeo" Secretary -Treasurer, -Committee of Adjurtment for the Township of Clarke. FOR: E.R. Lovekin B.A. LL.B., erl**ey Chairman Dictated by E.R. Lovekin B.A. LL.B., Chairman. c.c. Reeve E. Woodyard, Orono, Ontario. Meeting adjourned at 4:00 p.m. _ Secretary -Treasurer Chairman MEETING OF THE COMMITTEE OF ADJUSTMENT Monday, January 22, 1973 at 7:00 p.m. Council Chamber, Orono, Ontario. Present: E.R. Lovekin B.A. LL.B., Chairman., K. Schoenmaker, Member, E.F.R. Osborne, Member, Mrs. Elien M. Yeo, Secretary -Treasurer The minutes of meeting January 20, 1973 were approved on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. Opening Statement by E.R. Lovekin B.A. LL.B., Chairman "Before we commence our meeting this evening, I have ` one brief statement to make in order to clarify certain matters published in the local press regarding the tendered resignations of this Committee. Nothing has occurred that arose out of any action on the part of this Committee of Adjustment. This Committee is a semi -judicial body; required by law to render a specific decision on particular individual facts placed before them. For reasons still unknown to this Committee Page 2 Meeting Committee of Adjustment, January 22, 1973;, a storm blew up inthe local press regarding this Committee, various rumours and back stairs gossip also came to the Committee's attention. The Committee felt that the only way that this matter could be clarified was to bring the whole matter squarely before Council, who, of course, are the elected representatives of the people, by tender- ing their resignations. This was not done for the purpose of Ettracting attention to the Committee or forcing anyone to do anything. It was done to bring any outstanding issues to a head and to force them into the open. It is surprising how gossip and inuendo can disappear when challenged. We wish to make it a matter of record that at no time did anyone apply to this Committee to be heard or to register any complaints. If they had so applied they would have been heard. To our knowledge; this Committee has never refused an audience to anyone. Anyone who wished to come forward and informally discuss a problem is heard at the end of our regular meetings. Council by a unanimous vote rejected the resignations of the Committee and asked the Committee to carry on which the Committee are pleased to do. The Committee of Adjustments is not just another Committee of Council and the action of the Committee in no way is an act indicating subservience to Council. It was rather`an act designed to clearly indicate to the Public that the Committee were prepared to stand on their record and to put their future in the hands of the Council for what in effect was a vote of confidence. The air having been cleared; the Committee will do their best to carry on forth- with" Following this statement applications were dealt with. Application File "B"36-172 Carl Todd Owner, R.R. #1, Newtonville, Ontario, Rowland Spencer, Agent, Real Estate Agent, 137 King St. E., Bowmanville, Ontario, for part of Lot 2, Con 4, Township of Clarke, Submission No. "B"36-72-34 As business arising from the minutes of past meetings, this application was presented for further consideration. Mr. Carl Todd, applicant, accompanied by his agent Mr. Rowland Spencer, Real Estate Agent, Bowmanville, Ontario, and Mrs. Carl Todd appeared in support of this application. No other person appeared in support of, or inopposition to this application. Mr. Carl Todd, dieing reminded..: that he was still under oath, presented the following material to the meeting: I. Plan of Survey signed "H.F. Grander" OLS., of Merrill D. Brown Limited, Land Surveying and Engineering, 121 Queen St. Bowmanville, Ontario, dated December 22, 1972, file 68021-B; The Committee perused the Plan of Survey and pointed out to the applicant that the remainder of the lands to the north had an area of 39.89 acres which, technically, is less than 40 acres. In the event that anyone applied for a building permit on such property it might well be required of him.that he obtain a minor variance for this as the lot is technically less than 40 acres. Page 3 Meeting Committee of Adjustment, January 22, 1973: Mr. Todd then indicated on the Plan of Survey the property he wishes to sever which is the southern 40.01 acre parcel. The Committee: 1. Referred to the minutes of meetings November 6, and December 7, 1972; 2. Recalled their inspection of the property on November 24, 1972; and following further discussion this application for severance of 40 acres in an agricultural zone was granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. CLASSIFICATION 10 "A" Application File No. "B"�33-72 Daniel Katz, Owner, c/o 119 Adelaide St. W., Suite 109, Toronto, Ontario, Harry Katz, Agent, 16 Duncannon Dr., Toronto, Ont., for part of Lots 3 & 4, Con 4, Township of Clarke, Submission No. "B"33-72-31 As business arising from minutes of past meetings, this application was brought forward for further consideration. Mr. Harry Katz, agent and father of the applicant, appeared in support of this application. No other person appeared in support of, or in opposition to this application. The Secretary -Treasurer presented the following material to the meeting: 1. Correspondence from Ministry of Consumer and Commercial Relations, Cemeteries Branch, 6th Floor, 555 Yonge St. Toronto 284, Ontario, re Smith Cemetery, C-8-4.-17, Lot 3$ Concession 1V7 Township of Clarke, County of Durham - "We wish to advise you that this Ministry has no objection to the proposed severance of the property which contains the above referenced cemetery so long as the owner provides written assurance that access to the cemetery will be allowed. Yours very truly, (sgd.) "John A. Francis, Inspector. 2. A certified Plan of Survey, prepared by M.D. Brown, OLS, 1106 dated November 6, 1972,. #721347 outlining the area to be severed of 41.01 acres and outlining a remaining area of 63.11 acres and an area of a cemetery located on the remainder of 0.03 acres; Mr. Harry Katz, being reminded that he was ail]/under oath Presented the following material to the meeting: 1. Power of Attorney to Deal with Land signed by "Daniel Katz, dated 22nd day of January, 1973 "appointing Harry Katz as attorney to lease, sell, exchange, mortgage, surrender, manage and in every way deal with real estate being comprised of part of Lot 3 & 4, Con 4, Twp of Clarke, and any interest therein in my attorney's discretion, and to execute and deliver deeds, mortgages, leases, assignments, discharges and other instruments with respect thereto" Page 4 Meeting Committee of Adjustment, January 22, 1973:. 2. An Undertaking to: Committee of Adjustment for the Township of Clarke, re Part of Lot 3, Con 4, Township of Clarke - "as owner of the above-mentioned lands, I hereby undertake to permit access to the cemetery by a representative or representatives of The Ministry of Consumer and Commercial Relations or any interested party, from the road allowance to the cemetery located on the lands, and to obtain such an undertaking from anyone to whom I may sell the lands. Dated this 22nd day of January, 1973" (sgd.) "Daniel Katz" The Committee perused the form of Undertaking and suggested that they would prefer this to read " any interested party" rather than "any official". Mr. Katz agreed to this change and initialled same. The Committee: 1. Referred to the minutes of and November 6, 1972; 2. Recalled their inspection October 19, 1972; 3. Perused the Plan of Survey meeting and noted that the presence of a cemetery. meetings of October 2, of the property on - presented at this Survey shows the The Committee were of the opinion that as the matter had been brought to the attention of the appropriate authorities in the Provincial Government and,that Authority having been satisfied, no further action on the part of the Committee by requiring a condition in the deed was deemed necessary. Mr. Katz; then indicated on the Plan of Survey the area of 41.01 acres which his son Daniel Katz wishes to sever. Application granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. CLASSIFICATION 10 "A" Application File No. "B"34-72-32 Harry A. Kuehn, Owner, R.R. 44, Newtonville, Ontario, for part of Lot 61 Con 2, Township of Clarke, Submission No. "B"34-72-32 As business arising from minutes of past meetings this application was presented for further consideration. Mr. Harry A. Kuehn, applicant, accompanied by Mr. Murray Payne, proposed purchaser, appeared in support of this application. No other person appeared in,support of, or in opposition to this application. Mr. Harry A. Kuehn, being reminded that he was still under oath presented 'a certified Plan of Survey, prepared by M.D. Brown O1S, Bowmanville, Ontario, 470008-A, dated July 20, 1970 annotated "additions December 15, 1972" "additions January 2, 1973". Mr. Kuehn indicated the'area of 36acres which he wishes to sever. Mr. Murray Payne, being reminded that he was still under oath, confirmed that he wishes to buy the 36 acre parcel. Nir. Payne was then asked as to whether or not he wished to use this land for bona fide farming operations and he replied "yes". Mr. Payne also pointed out that this parcel is landlocked by an unopened road allowance. " The Committee informed,"Ir. Payne that no building permit would be issued on this land as the land must front on an open road under existing regulations. Page 6 Meeting Committee of Adjustment, January 22, 1973: The Committee: 1, Referred to minutes of meetings November 6, and December 7, 1972; 2. Recalled their inspection of this property on November 24, 1972; 3. Accepted Mr. Murray Payne's verbal agreement to a restrictive clause in the deed to this property; Application for severance of 36 acres -in an Agricultural Zone granted on motion by E.F.R. Osborne, seconded by K. Schoenmaker, subject to the following conditions: 1. The land to be sold to the adjoining owner, Mr. Murray Payne,shall be used in conjunction with his existing farming operation for a period of 5 years from the date of registration of the deed of conveyance and this condition shall be engrossed in the said deed of conveyance; 2. That the title to the land conveyed to Mr. Murray Payne shall be exactly the same as he now holds title to adjoining land. Carried. CLASSIFICATION 10 "A" Application File "B"39-72 Argus Curtis, Owner, Kendal, P.O., Ontario, Roy A. Foster, Agent, Kendal, P.O., Ontario for part of Lot 13-14 Concession 8, - , Township of Clarke, Submission No. "B"39-72..37 As business arising from minutes of the December 7, 1972 meeting, this application was presented for further corisideration. Mr. Argus Curtis, applicant, accompanied by his agent, Mr. Roy Foster,,appeared in support of this application. No other person appeared in support�of, or in opposition to this application. Mr. Roy Foster, under oath, presented the following material to the meeting: 1. Certified Plan of Survey, prepared by M.D. Brown OLS., 11061, Bowmanville, Ontario, dated January 4, 1973, 472108; Mr. Roy Foster indicated on the Plan of Survey, a centre parcel comprising of 40.015 acres which Mr. Curtis wished to sever. Mr. Argus Curtis, being reminded that he was still under oath, confirmed the Plan of Survey to be correct and the severance requested is for an area of 40.015 acres. The Committee recalled that they had inspected this property on June 10, 1972 for a previous applicant (ref. "B"17 -72 -Wm. Storsbergen). This application was cancelled in September, 1972 and the Committee had agreed that it was not necessary to inspect J this property again as no changes had been made. Following further discussion the Committee were of the opinion that this application would comply with the required lot area of 40 acres in an agricultural zone. Application for a severance of 40.015 acres granted on motion by E.F.R. Osborne, seconded by K. Schoenmaker. Carried. CLASSIFICATION 10 "A" Page 6 Meeting Committee of Adjustment, January 22, 1973: Application File "A"24-72 Vinetta & John Makkreel, Owner, Box 76, Claremont, Ontario, for part of Lot 31, Con 1, Parcel "A", Township of Clarke, Submission No. "A"24-72-24 As business arising from the minutes of meeting December 7, 19727 this application was presented for further consideration. Mr. & Mrs. John Makkreel, applicants, appeared in support of this application. No other person appeared in support of, or in opposition to, this application. As a matter of record the whole Committee inspected this property on Saturday, anuary 20, 1973 and noted the following` facts - 1. The applicants' lot is on a sideroad, running north and south between Highway 42 on the north and Highway #401 on the south. The sideroad forms the western boundary of the Village of Newcastle. "Westview Heights Subdivision" is on the east side of the road about 200' south and the land on the` east side of the road directly opposite the subject land is presently under application to the Village of Newcastle for development which will be by way of a 'Registered Plan, conditional on sewers; 2. The land across the street to the east rises to a knoll a few hundred feet east of the road and the applicants' land on the west side of the road falls away from the crown of the road westerly towards' Wilmot Creek. Surface drainage is good, but with the set back from the road allowance, the rear of a house would be some 5' below the crown of the road; 3. To put a garage in the backyard would necessitate a "climb" out of the backyard to the road. The area at the side of the house should be left sloped and grassed to take the sprina runoff from the road to the west to Wilmot Creek through an open grassed watercourse;; 4. The three homes immediately to the south have no garages or carports. The fourth and fifth houses have carports and are the last houses north of Highway #401; 5. The character of the area is clearly established and since the houses across the road have 4' side- yards, to require 25' agricultural sideyards on the other side of the street is simply unrealistic; 6. No further "ribbon development" is likely to occur in the area to the west as no roads will be con- structed, due to the proximity of Wilmot Creek, which is a Conservation Area having been purchased by the Provincial Government. The houses in this area are in a "sealed in" corner and are analogous to the Village of Newcastle situation across the street; Page 7 Meeting Committee of Adjustment, January 22, 1973: Mr. Makkreel, under oath, referred to the pencil sketch included with the application and indicated the position of the house and garage which would allow a 19' sideyard on each side of the proposed dwelling. Mr. Makkreel stated that the lot size is 75' x 200' deep. He proposes to build a house approximately 45' deep, 25' wide with an attached garage 12' wide and 20' deep. This would be a splitlevel type of house. The Committee were concerned that this decision will obviously create a precedent in the immediate area, as the 3 homes directly to the south and the adjacent home to the north of the proposed house -and attached garage (which is the subject of this application) have no garages or carports. In spite of that, a decision must be made. In view of all the facts noted in the inspection report of January 20, 1973 and the submissions made by the applicant, this minor variance 19' sideyards was granted on motion by D.F.R. Osborne, seconded by K. Schoenmaker, subject to the following conditions: 1. TAKE WARNING that this decision for a minor variance of the Clarke Township Committee of Adjustment IS NOT FINi%l, AND BINDING until the time for appeal by any interested party has lapsed under the terms of the Planning Act of the Province of Ontario. THIS TIME FOR APPEAL IS 21 DAYS FROM THE DATE that the minutes of this decision have been mailed to the Minister of Municipal Affairs of the Province of Ontario; 2. This decision should not be registered ai title until the said time for appeal has lapsed when the applicants shall then register on title by way of. Deposit a copy of the Form of Consent and shall forthwith thereafter forward to the Secretary of the Committee a duplicate Certificate of Deposit or a Notarial copy_ thereof; 3. AND FURTHER that upon receipt by the Secretary of the aforesaid document, the appropriate administrative officials of the Township of Clarke shall be authorized to issue any and all necessary permits or to take any steps necessary to implement this decision. CARRIED." As a matter of record Mr. E.R. Lovekin, Chairman, disqualified himself from the discussion on this application, having previous knowledge of this matter. Mr. K. Schoenmaker, senior member, conducted the hearing on this case. CLASSIFICATION 10 "A" append 1 sec f . . . . . . . . . . . Page 8 Meeting Committee of Adjustment, January 22, 1973: Application File "A"26-72 W.L. Phillips;- Owner, 285 Blake St. Barrie Ontario, B. Borkowski, Agent, 99 Scott Street, Whitby, Ontario, for part of Lot 26, Con 5, Parcel "E", Township of Clarke, Submission No. "A"26-72-25 As business arising from minutes of December 7, 1972, this application was presented for further consideration. No person appeared in support of, or in opposition to this application. As a matter of record the whole Committee inspected this property on Saturday, January 20, 1973 and noted the following facts:. 1. This house is on a sideroad which runs south from Highway<115 on the northeast corner of the Police Village of Orono; 2. The house sits on a height of land and a fairly steep bank borders the road; 3. From the inspection of the property, there appears to be no reason why the reduced setback could not be granted. 4. Reference was made to the minutes of December`7, 1972 at which time Mr. B. Borkowski, builder, under oath, stated"that during excavation the stakes were accidently dislodged and relocated incorrectly," The Committee, having accepted the explanation that the set back was reduced through inadvertence and there appearing to be no special circumstances which would prohibit the reduction of the normal set back to the degree requested, it was decided to grant this minor variance application for a three foot reduction in set back from ninety-three feet(931) to ninety feet (901)0"• on the mccion of K. Schoermal4ar and seconded by E.F.R. Osborne, subject to the following conditions: 1. TAKE WARNING that this decision for a minor variance of the Clarke Township Committee of Adjustment IS. NOT FINAL AND BINDING until the time for appeal by any interested party has lapsed under the terms of the Planning Act of the Province of Ontario. THIS TII°IE FOR APPEAL IS 21 DAYS FROM THE DATE that the minutes of this decision have been mailed to the Minister of Municipal Affairs of the Province of Ontario; 2. This decision should not be registered on title until the said time for appeal has lapsed when the applicants shall then register on title by way of Deposit a copy of the Form of Consent and shall forthwith thereafter forward to the Secretary of the Committee a duplicate Certificate of Deposit or a Notarial copy thereof; 3. AND FURTHER that upon receipt by the Secretary of'the aforesaid document, the appropriate administrative officials of the Township of Clarke shall be authorized to issue any and all necessary permits or to take any steps necessary to implement this decision. CLASSIFICATION 10 "A" Append 1 "G" CARRIED. Page 9 Meeting Committee gt Adjustment, January 22,'1973: Application File "B1138-72 Wallace Rzeczycki, Owner, R.R. 4-2, Port Hope, Ontario, Messrs. Bonneville, Fitzgibbon & Good, Barristers & Solicitors, Agent, Box 208, Port Hope, Ontario, for part of Lot 3, Con 7, Township of Clarke, Submission No. "B"38-72-36 J Application was made for exemption or partial exemption from provisions cf the Planning Act so as to permit the separation of a parcel of land approximately 1 acre from the applicant's land in an Agricultural Zone, Section "j" Appendix 1, amending by-law 1653. The Secretary -Treasurer reported that 20 notices of the said hearing had been mailed in accordance with Item 5 of The Rules of Procedure. C.D. Fitzgibbon B.A., Barrister & Solicitor, as agent' for the applicant, appeared in support of this application. No other person appeared in sup,ort of, or in opposition to this pplication. The Secretary -Treasurer presented the following material to the meeting: 1. Correspondence from C.D. Fitzgibbon B.A., Barrister & Solicitor, Port Hope, Ontario, dated November 7, 1972: 2. Haliburton, Kawartha, Pine Midge District Health Unit Report, dated December 14, 1972 signed "R.J. MacNaull" Public Health Inspector; signed 'tG.F. Hutchings" Chief, Public Health Inspector - recommendations "approved"; 3. Pen sketch outlining an area of. ap�.roximately 1 acre, leaving an approximate area of 182 acres; C.D. Fitzgibbon B.A., under oath, stated he was prepared to give evidence on behalf of the applicant, his client, who is presently visiting in Poland. The follooaing facts were then presented: 1. Mr. W. Rzeczycki is a bona fide farmer and owns approximately 180 acres, purchased on or about March 1, 1967; 2. To hTr. F'itzgibbon's knowledge, Iver. Rzeczycki has made a living.on the farm as a bona fide farmer whose main source of income is from this tobacco farming operation; 3. Mr. Rzeczycki now wishes to retain a lot of approximately 2001x2001x218' and sell the remainder;: Mr. Fitzgibbon, on behalf of the applicant, presented an Offer_ of Purchase drawn by Targon & Hustler, Barristers & Solicitors, P.O. Box 475, Cobourg,' Ontario, dated October 10, 1972 between Roman Grela and Honorate Grela and the applicant. The offer of purchase contains a clause giving the Vendor the right to retain. either a 20 acre parcel or a one 'acre parcel, depending on the consent obtained from the Committee of Adjustment and the final option exercised by the Vendor. 4. Mr. Rzeczycki has decided that he prefers to retain the one acre parcel. Application adjourned to enable the Committee to inspect the property. CLASSIFICATION 10 "A" Page 10 Meeting Committee of Adjustment, January 22, 1973: - Application File "B"40-72 Robin Alldred, Owner, R.R. Jr2, Newcastle, Ontario, for part of Lot 169 Broken Front Concession, Township of Clarke, Submission No. "B1140-72-39 Application was made for exemption or partial exemption from provisions of the Planning Act so as to permit the separation of a parcel of land 40 acres in area from the applicant's land in an Agricultural Zone, Section 10 "A" amending by-law 1653. The Secretary -Treasurer reported that 18 notices of the said hearing had been mailed in accordance with Item 5 of The Rules of Procedure. Mir. Robin Alldred, the applicant, appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr. T.R. Rooney, 50 Creekwood Dr., West Hill, Ontario, attended as an observer. The Secretary -Treasurer presented the following material to the meeting: 1. Haliburton,Kawartha,Pine Ridge District Health ' Unit Report, dated January 4, 1973, signed "R.J. i°acNaull; Public Health Inspectorand signed "G.F. Hutchings" Chief, Public Health Inspector "Recommendations - Approved" 2. Sketch illustrating proposed separation, prepared by M.D. Brown Limited, OLS., 121 Queen Street, Bowmanville, Ontario, dated November 30, 1972; 472171-A, Mr. Alldred, under oath, stated that he has owned this property approximately 25 years; the total holding is 75 acres more or less; the subject land he wishes to sell has at least three entrances from the road; ' Mr. Alldred then indicatedon the sketch the lot he wishes to sell. The Committee noted that the 35+ acres abutting to the south is stated "to be retained by applicant under provision of appendix 1 (j) by-law 1653"; Mr. R.T. Rooney, under oath, stated that he was a neighbour and had no objection to the proposed severance. This application adjourned to enable the Committee to inspect the property. CLASSIFICATION 10 "A" Append. 1 (i) Application File "B"41-72 Joseph Jilisen, Owner, R.R. 41 Newtonville Ontario, W. Turansky, Agent, R.R. 41 Kendal Cntario, for part of Lot 10, Con 3, Township of Clarke, Submission No. "B"41-72-40 Application was made for exemption or partial exemption from provisions of the Planning Act so as to permit the separation of a. parcel of land approximately 1 acre in area from the applicant's land in an Agricultural Zone, Section 10 "A!' amending by-law 1653; The Secretary -Treasurer reported that 19 notices of the said hearing had been mailed in accordance with item 5 of the Rules. of Procedure. Page 11 Meeting Committee of Adjustment, January 22, 1973: Mr. W. Turansky, R.R. 41, Kendal, Ontario, as agent for the applicant appeared in support of this application. No other person appeared in support of, or in opposition to this application. The Secretary -Treasurer presented the following material to the meeting:: 1. Authorization signed "J. Jilisen" appointing "W. Turansky" to act as agent re,severance; 2. Haliburton, Kawartha, Pine Ridge District Health Unit Report, dated January 3, 1973, signed "R.J. MacNaull" Public Health Inspector; signed "G.F. Hutchings" Chief, Public Health Inspector" "Recommendations - Approved." 3. Sketch showing part of Lot 10 Concession 3 Township of Clarke, County of Durham, prepared by Merrill D. Brown Limited, OLS., 121 Queen St. Bowmanville, Ontario, dated December December 4, 1972 file 69095 A- annotated "Note Plan not -prepared for registration purposes." Mr. W. Turansky, under oath, stated the following: 1. Mr. Jilisen wishes to sever one acre from a 35 acre parcel. He proposes to retain the one acre for a residence and sell the remainder of approximately 34 acres;. 2. Mr. Jilisen has lived in the area for approximately 20 years and has owned this property more or less for 10 years; 3. Mr. Jilisen has conducted a tobacco farming operation on this 35 acre parcel for several years. There are tobacco kilns, a greenhouse and a dwelling house situate on the property; 4. Mr. Jilise:i's source of income at the present time is as an employee for the Department of Highway; The Committee recalled a former application from Mr. Jilisen for a severance of 35 acres (ref. Submission "B"185-69-176, granted on July 18, 1969). At that time the application for 35 acres was requested for "recreational purposes" Mr. Jilisen continued to live on the remaining 35 acres and it is from this parcel of 35 acres that he wishes to sever lucre. Application adjourned to enable the Committee to inspect the property. CLASSIFICATION.10 "A" Application File No. "B" 1--73 Sadie A. Hamilton, Owner, R.R. 42, Orono, Ontario, W. K. Lycett 4.C., Agent, Barrister & Solicitor, Orono, Ontario, Submission No. "B111-73-1 Application -was made for exemption or partial examption from provisions of the Planning Act so as to permit the separation of a parcel of land approximately 3.04 acres in area from the applicant's land in an Agricultural Zone, Section 10 "A" amending by-law 1653. The Secretary -Treasurer said hearing had been mailed in Rules of Procedure. reported that 18 notices of the accordance with Item 5 of the Page 12 Meeting Committee of Adjustment, January 22, 1973: The Secretary -Treasurer presented the following material to the meeting: 1. Correspondence from W. Kay Lycett Q.C., Barrister & Solicitor, Orono, Ontario, dated January 8, 1973: - "on behalf of Sadie A. Hamilton I am filing with.,you her application -for severance of a parcel of her land comprising part of Lot 31 Concession 7 Clarke Township. In one parcel Mrs. Hamilton is now the registered owner of 16.11 acres shown on the sketch o_.survey which is enclosed in duplicate. She has a conditional sale of this property to a purchaser who has bought it„on the condition that he will be able to sever the subject land, being the smaller parcel from the entire hold- ing so this application is being made for the sole purpose of satisfying this condition of sale. 2. A Plan of Survey, prepared by Donevan & Fleischmann Co. Ltd., OLS, 11 Ontario St. Oshawa Ontario, dated December 29, 1972 Job No. 22769. Outlined in "red” is shown the subject land comprising 3.04 acres. The Committee perused the Plan of Survey and noted that a severance of the, 3.04 acre parcel will in effect create three severances being an area of 2.20 acres to the north and an area of 11.91 acres to the south. W. Kay Lycett Q.C., as agent for the applicant appeared in support of this application. The following persons also appeared - Mr. C. Fleischmann, proposed purchaser; Mr. Vim. Tonno and Mr. Wm. Roth, all of the City of Oshawa, Ontario, appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr. C. Fleischmann, under oath, stated that he wished to purchase the subject land for a building 'lot. The land in question is very scenic, plenty of bushland,and has no value for agricultural purposes. Mr. Tonno and Mr. Roth are also interested in the property. Although the entire parcel comprises 16.11 acres the southern portion cannot be built on due to ravines and swamp. Mr. Fleischmann pointe out, that a house could be built on the north end of the 11.91 acre with an entrance on ,to the mill road diversion. This would be the only entrance on to a road for this parcel. Mr.. Fleischmann reminded the Committee that all land adjacent to north and east is residential. Mr. W.K. Lycett suggested that the Committee inspect, the property with a view to the suitability for the purpose requested. Application adjourned to enable the Committee to inspect this property. CLASSIFICATION 10 "A" General Business The Secretary -Treasurer presented the following material to the meeting:. Ontario Planning Newsletter dated December 1972; Planning Board meeting minutes dated November 28, December 7, 1972; Correspondence dated 29th December, 1972 and January 19th January 1973 from City of London, Committee of Adjustment advising of the formation of the Provincial Association of Committees of Adjustment and Land Division Committees, and notification of a meeting to be held in London on May 17 and 18th, 1973. The Secretary was instructed to advise the Association' that the Committee are unable to attend at this time. --•--- �� Meeting Adjourned at 11:30 p.m. =" / Secretary-Treasur Chan