HomeMy WebLinkAbout06/11/1973MEETING OF THE
COMMITTEE OF ADJUSTMENT
Monday, June 11, 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. Ellen M. Yeo, Secretary -Treasurer
The minutes of meetings April 24 and April 25, 1973 were
approved on motion by K. Schoenmaker, seconded by E.F.R. Osborne.
Carried.
Application File "B"41-72-40
Joseph Jilisen, Owner,
R.R. 41 Ne�.,tonville Ontario,
W. Turansky, Agent,
R:i,. 41 Kendal Ontario,
for part of Lot 10, Con 3,
Township of Clarke,
Submission No. "B"41-72-40
As business arisingfrom minutes of former meetings,
this application was brought forward for further consideration.
Mr. Joseph Jilisen, the applicant, accompanied by Mrs. Jilisen
appeared in support of this application. Mr. W. Turansky, Agent,
also appeared, No other person appeared in support of, or in
opposition to this application.
The Secretary -Treasurer presented the following material
to the meeting:
1. Sworn Declaration,
signed "Joseph H.A.
Province of Ontario
County of Durham
To Wit:
dated 31st day of March,
Jilisen"-
) IN THE MATTER OF application before
the Committee of Adjustment for the
Township of Clarke in respect of
the severance of a parcel of land
containing one acre more or less
comprising part of Lot 10, Concession 3,
Township of Clarke.
I, JOSEPH JILISEN of the Township of Clarke, in the
County of Durham, HEREBY SOLEMNLY DECLARE AS FOLLOWS:
1.
I am the applicant in the above noted application
and I am the registered owner in fee simple of
farm lands comprising approximately 34 acres in
part of Lot 10, Concession 3 of the Township of
Clarke and in the above noted application I am
seeking to sever from the farm property a vacant
building lot under Sec.Append.l (j) amending
by-law 1653;
2.
I first commenced farming on the property that
is the subject of this application in the year 1953.
I also owned a farm on the 4th Concession of Township
of Clarke and farmed this property in conjunction
with these other lands;
3.
I purchased a flu cured acreage rights from one
Harvey Farrow, now deceased, and I was a registered
tobacco grower. I sold the rights when the Marketing
Board reduced acreage growing rights making the
operation uneconomical;
4.
I have summer fallowed the land to keep it clean
but my only crop has been some hay;
Page 2
Committee of Adjustment Meeting June 11, 1973:
5. I rented an acre or two to a neighbour for a garden,
but made no other substantial rentals;
6. I suffered a nervous breakdown and was hospitalized
for nine months in the year 19E5 and have not
worked the farm fully since;
7. I am now employed by the D.H.O. ,Port Hope, Ontario
in the forestry division;
8. It is my intention to retain the one acre parcel
for my retirement home and sell the remainder of my
lands;
AND I MAKE THIS SOLEMN DECLARATION conscientiously believing
it to be true and knowing it to be of the same force and'effect
as if made under oath and by virtue of the Canada Evidence Act.
DECLARED before me
at the Village of
Newcastle, in the
County of Durham, this 31st day of
March, A.D. 1973.
"E.R. Lovekin"
A ommissioner; etc.
F
"Joseph H.A. Jilisen"
Joseph Jilisen
2. An unregistered draft plan 10R, prepared by Merrill
D. Brown Limited, Land Surveying and Engineering,
121 Queen St. Bowmanville, Ontario, File 73116,
dated June 11, 1973, signed "H.F. Grander" OLS.,
Mr. Jilisen, being reminded that he was still under oath,
indicated on the referenced plan the lot he wished tq sever.
This is "Part 1" with an area of 1.66 acres;
Mr. Jilisen also confirmed the facts in his Sworn Declaration
to be true.
The Committee:
1.
Referred
to
the minutes of meetings January 22,
February
21,
March 26, 1973;
2.
Recalled
their
inspection of this property
on February
19, 1973;
3.
Perused
the
draft plan 1OR;
4.
Reviewed
the
Sworn Declaration by Mr. Jilisen
and following further discussion this application was granted
on motion by E.F.R. Osborne, seconded by K. Schoenmaker. Carried.
CLASSIFICATION 10 "A" append 1 sub sec. (;)
Page 3
Meeting of Committee of Adjustment June 11, 1973:
Application File No. "B1123-73 G. Austin Turner, Owner,
R.R. 42,
Newcastle, Ontario,
for part of Lot 289
Con 3, Township of Clarke,
Submission No. "B"23-73-23
Application was made for exemption or partial exemption
from provisions of the Planning Act so as to permit the separation
of a parcel of lend approximately 7.88 acres from the applicant's
land.
i°r. G. Austin Turner, applicant, accompanied by Mrs. Turner;
hir. Jack Hayden, Assistant Business Administrator and Mr. Wm.
Carman, Trustee of N & D County Board of Education, Cobourg,
Ontario,appeared in support of this application. No other person
appeared in support of, or in opposition to this application.'
The Secretary -Treasurer reported that 16 notices of the said
hearing had been mailed in accordance with Item 5 of the Rules
of Procedure.
The Secretary -Treasurer presented the following material to
the meeting:
1. An unnumbered and undated Plan 10R, prepared by'
H.F. Grander OLS., of Merrill D. Brown Limited,
Land Survey_ng & Engineering, 121 Queen St.,
Bowmanville, Ontario, dated June 4, 1973, rile 73113
signed "H.F. Grander";
The Committee listened to the sworn testimony of Mr.4:rs. G.A.
Turner, applicants Assistant Business Administrator Mr. Jack
Hayden and Trustee i�ir. Wm., Carman.
Mr. Turner then indicated on the aforementioned Plan 1OR.
the lot with an area of 7.88 acres which he proposes to sell to
the N & D County Board of Education.
The Committee perused the Zoning By -Law 1653 and accompaning
map and determined that the proposed severance of 7.88 acres
would be from agricultural lands and would have the effect of
severing a small Highway Commercial lot of 200' x 144' on
Highway #115. While the Highway Commercial zoning is 250'
from the edge of Highway 4115 in the Commercial Zone, the exist-
ing lots are all 200' in depth and the proposed severance of
7.88 acres abuts the line which crosses the rear of all existing
Commercial lots on Highway 4115,. namely, at the distance of 200'
from the easterly edge of Highway #115/435.
The Committee noted that while Plan IOR shows the lands to
be severed, it did not show abutting properties. The area of
7.88 acres lies to the south of the existing Clarke High School
and, in effect, is an enlargement of an existing holding and an
existing use.
The land being purchased by the school board is for the purpose
of constructing a new Senior Elementary School. The Committee
were assured by the Board's Representatives that this school was
essential for the proper function of the board in the area to
provide a proper educational programme for students in the Newcastle,
Clarke and Orono area. The Board's Representatives further
stipulated that they wished to'proceed with their plans in the
immediate future. Accordipgly, the Committee,being fully aware of
the nature of the pro.)erty from having inspected Mr. Turner's
property on previous occasions, decided to waive their site visit
and deal with the matter forthwith.
This application was granted on motion by K. Schoenmaker and
seconded by E.F.R. Osborne. carried.
CLASSIFICATIC'N 10 "A"
Page 4
Committee of ;kdjustment i•ieeti ng June 11, 1973.
Application File "B"14-73 John Edward Carscadden,Owner,
Kendal, Ontario,
W. Kay Lycett Q.C., Agent,
Barrister J Solicitor,
Orono, Ontario,
for part of Lot 17,Con 71
Township of Clarke,
Submission No. "B"14-73-14
As business arising from the minutes of meeting April 242
1973, this application was brought forward for further consideration.
Dir. John Edward Carscadden, applicant, accompanied by Dr.
Robert Deighton Wilson Guselle, 45 Connaught St., Oshawa, Ontario,
the proposed purchaser, appeared in support of this application.
No other person appeared in supkort of, or in opposition to this
application.
As a matter of record the whole Committee inspected this
property on A:ay 16, 1973 and noted that this was not particularly
good farmland being hilly and sandy with heavy coniferous growth.
Its best use would be as "recreational" property. Several summer
properties were noted in the vicinity.
Dr,. Robert Guselley under oath, presented a draft plan 10R,
prepared by Merrill U. Bro�•n Limited, Land Surveying & Engineering,
121 Queen Street, Bowmanville, Ontario, File 73117, dated June 7,
1973, signed "H.F. Grander" and indicated the following:
(a) part (1) is the property he wishes to purchase;
(b) part (2) is a connecting strip running south from the
road frontage to part (3) to the main land holding (part 1)
(c) part (3) this area fronts on a well used public road.
Dr. Guselle explained that he would purchase part (3) fronting on
the road allowance between concessions 7 & 0. This would meet the
requirements for a 330' frontage and would provide an adequate
entrance to the property.
The applicant also has several 100' on the road running north
and south between Lots 16 & 17, but as this is not an improved road
the frontage on this road would not qualify application for a
building permit.
I1.r. John E. Carscadden, under oath, st=ted that he still owns land
east and west.
The Committee were of the ooinion that parts (2) and (3) on the
Flan 10R were. sought to be acquired by the proposed purchaser solely
for the particular purpose of giving him access to part (1). The
effect of deeding part (2) and (3) would be to create an undersize
severance to the east of the said part (2) and (3). This would
undesirable from a planning point of view, although if it were an
unavoidable consequence to grant access to part (1) it might have
to be allowed on the explicit understanding on the part of its owner
I,:r. Carscadden that no building permit would issue if the lot was
created.
There is apparently a possibility that the Township will be open-
ing and improving the road allow-ance between lots 16 & 17 which lies
on the easterly portion of part (1). If this is their intention and
if access could then be obtained to part (1) from the said road
allowance to the east the situation would be resolved in a manner
more in accordance with good planning practice. If, on the other
hind, the road allowance is not to b:- opened the Committee would
reconsider the matter, but, in the meantime the Committee decided
to remand the matter to the next sitting to see what action, if any
the Township Council may have taken in the matter as the Council is
actively considering the situation.
The Secret -Dry -Treasurer was instructed to send a col:y of this
interim decision to the Reeve in Council and to the applicant's
solicitor W. Kay Lycett Q.C. Crono, Ontario.
Application adjourned for further consideration at the next meeting,
July 23, 1973.
CLI,SSIFIC;=_TICIv 10 'tett
Page 5
Committee of Adjustment Meeting June 11, 1973:
Application File "B"9-73 David Gray and Frank Gray,,awners,
R.R. 42, Newcastle, Ontario,
for part of Lot 31, Con 2,
Township of Clarke,
Submission No. "B"9-73-9
As business arising from minutes of April 24, 1973, this
application was brought forward for further consideration.
Mr. David Gray, applicant, 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 May 16, 1973 and noted the following facts:
1. The proposed lot is located about 200 yards
north of the existing Highway 1'-2, facing the old
original Highway 42 which now runs west out of the
Village of Newcastle to dead end at semi -controlled
access Highway #115, about 12 miles west of the
Newcastle Boundary;
2. The lot in question is in the Township of Clarke
just across the road from the present Village of
Newcastle and will be included in the new Newcastle
District if pending Legislation announced by Queens
Park is implemented. Phis means that sewers and water
will probably be available in the foreseeable
future;
The Secretary -Treasurer presented the following material to
the meeting:
1. Report from Haliburton, Kawartha, Pine Ridge District
Health Unit, P.O. Box 337, Cobourg, Ontario, signed
by"R.J. I°iacNaull" Public Health Inspector and
"G.F. Hutchings" Chief, Public Health Inspector;
2. An unnumbered and undated Plan 10R, signed�H.F.
Grander"OLS., of Merrill D. Brown Limited, Land
Surveying & Engineering, 121 Queen Street, Bowmanville,
Ontario, file 73115, dated June 6, 1973;
Er. David Gray, under oath, indicated on the said Plan 1OR
"part 8" which is the lot he wishes to retain from the sale
of his farm.
Upon perusal of the material presented which complied with
the conditions imposed as evidenced in former minutes, this
application was granted under the specific provision of
"Farmer Retaining a Lot" on motion by E.F.R. Osborne, seconded
by K. Schoenmaker. Carried.
CCLASSIFICATION 10 "A"
Append 1 (j)
Page 6
Committee of Adjustment Meeting June 11, 1973:
Application File "B1116-73
Edith i'iay Gordon, Owner,
Box 172 Orono, Ontario,'
W. Kay Lycett i:.C.,Agent,
Barrister & Solicitor,
Orono, Ontario,
for p=rt of Lot 17, Con 6,
Township of Clarke,
Submissicn No. "B"16-73-16
As business arising from minutes of meeting April 24, 1973,
this application was brought forward for further consideration.
Mrs. Edith May Gordon, applicant, accompanied by her
son Mr. John Gordon, 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 May 16, 1973. The following facts were noted:
1. No one was home when the Committee visited the
proerty at 5:45 p.m.,
2. The house sits at the end of a laneway approximately
1/4 mile north of the 5th Concession line in Lot 17,
Clarke;
3. No markers were visible which would indicate a
proposed lot severance;
4. The Committee viewed the general area and instructed
the Secretary to request Mrs. Gordon to submit a
sketch at the next meeting, showing the location
of the proposed severance;
Mr. John Gordon, under oath, presented a pen sketch on
which was outlined the proposed dwelling with frontage on
Township Road, Concession 6. The existing house, barn and
pond were also outlined.
Mrs. E.M. Gordon, being reminded that she was still under
oath stated that her son John Gordon is the purchaser .of
the farm of approximately 86 acres containing the existing
house, farm buildings and a pond. The house she proposes
building will be on the knoll of the hill. There is no obstruction
of the view for oncoming traffic. Mrs. Gordon further stated
that she and her husband had owned the farm for approximately
26 years. Her husband died 6 years ago and she has not lived
there for the past three years.
Following further discussion the Committee intimated to
Mrs. Gordon and her son John Gordon that they will require a
restrictive clause be inserted in the deed of the one acre lot
to be retained. Mrs. Gordon and her son John Gordon verbally
accepted this condition.
Application adjourned awaiting receipt of a Plan of Survey,
prepared by an Ontario Land Surveyor.
CLASSIFICATION 10 "A^
Append 1 (j)
r
Page
Meeting Committee of .,djustment, June 11, 1973:
Application File ","11-73
A. Van der Spruit, Owner,
R.R. F2, Orcno Ontario,
for part of Lot 30, Con 6,
Registrar's Compiled Flan 687,
Lot 39, Township of Clarke,
Submission No. "A"11-73-11
As business arising from the minutes of meeting April 24, 1973,
this applic-tion was brought forward for further consideration.
Mr. A. Van der Spruit, applicant, accompanied by his wife
Mrs. Van der Spruit appeared in support of this application. No
other person appeared in support of, or in opposition to this
application.
Mr. K. Schoenmaker, member, disqualified himself from the
discussion of this application as IIr. A. Van der Spruit is his
brother-in-law. Chairman, E.R. Lovekin B.A. LL.B., and member
E.F.Y.. Osborne conducted the hearing of this case.
As a matter of record the Committee inspected this property
at 6:40 p.m. I,Say 16, 1973. At that time Mr. K. Schoenmaker,
member of the Committee, stated that as the applicant was related
to him by marriage, he would withdraw from any further participation
in the matter.
The Committee inspected the yard and buildings and noted that
the present house sits very close to the road. The house was;
apparently constructed for hired help on the now adjoining Ulmont
Bullock farm and was not a building of outstanding architechual
merit. The applicant proposes to tear down the existing house and
build a new one which is an obvious improvement. The location of
the proposed new house was staked out on the ground and I°irs.
Van der Spruit showed the Committee the stakes.
The Committee noted that the new house would be back of the
established building line and a road widening would not present
any problem with the relocation. The property is on the "Leskard
Road" a we,11 travelled, hard surfaced road running north and
south, northwest of the Police Village of Crcno and the larger
set back is most desirable.
Mr. A. Van der Spruit being reminded that he was still under
oath confirmed that he wished to demolish the existing dwelling
and build a new dwelling.
The Committee were of the opinion, following a review of the
facts, that this application for a variance of a 4' sideyard
as requested be granted on motion of E.F.R. Osborne and seconded
by E.R. Lovekin, B.A. LL.B., subject to the following conditions:
1. The old house must be completely demolished;
demolition to commence immediately upon the new
house being occupied and to be completed within 6
months;
2. The existing garage shall remain in its present
location and the proposed dwelling is to be located
on the lot in such a manner that the existing garage does
not extend beyond 4' into the sideyard on the north
side of the proposed dwelling;
3. The applicant to be aware that he must secure
mission of the 11aliburton Kawartha Fine Ridge
Health Unit for the septic disposal system;
per -
District
Page 8
Meeting Committee of Adjustment, June 11, 1973:
4. The Building Inspector, Pyr. Horace R. Best,
to be aiven a com`p3ete "site plan" prepared by
an Cntario Land Surveyor so that the new house
would be accurately loc,ted;
5. TAKE W1_R-ING that this decision for minor variance
of the Clarke Township Committee of Adjustment
IS NOT FINAL %ND BINDING until the time for
appeal by any interested party has lapsed under
the terms of the Flanning Act of the Province of
Ontario; THIS TIiiE FCR ;.PFEAL IS 21 DAYS FRCM
THE DATE that the minutes of this decision have
been mailed to the i!inister of i*iunicipal Affairs
of the Province of Cntario;
6. This decision should not be registered on title
until the said time for appeal has lapsed when
the apnlicent 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 of Adjustment a duplicate Certificate
of Deposit or a Notarial copy thereof;
7. 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.
CARRI'D,
CLASS I'IC1-_TIC 1 10 "
Sec. 3 Sul sec 7 (c)
rage 9
Meeting Committee of Adjustment, June 11, 1973:
Application File No. "13"15-73
William Kraayvanger, Owner,
R.n. xl, Orono, Ontario,
W. Kay Lycett Q.C., Agent,
Barrister & Solicitor,
for part of Lot 30, Con 6,
Township of Clarke,
Submission No. "B"15-73-15
As business arising from the minutes of April 24, 1973, this
application was brought forward for further consideration.
W. Kay Lycett Q.C., Barrister & Solicitor, as agent,
accompanied by applicant William Kraayvanger and proposed purchaser
Mr. Boyd Kinney, 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 and spoke to Mrs. Kraayvanger (May 16, 1973). The
following facts were noted:
1. There were survey stakes in the ground showing
where the strip of land concerned, in this application,
is located;
2. This is a simple case of an adjustment of a boundary
between two neighbours;
3. The number of houses and the gross frontage and
acreage of the two properties remains the same;
4. The position of the houses lends itself to this
severance which is a benefit to the parties concerned;
sound planning for the community; and a detriment
to no one.
Mr. Wm. Kraayvanger and Fir. Boyd Kinney, both under oath,
indicated on the Flan of Survey, presented at the last meeting,
the subject lands.arid confirmed that the proposed severance
was for the purpose of increasing an existing driveway.
Following further discussion, Chairman E.R. Lovekin B.A. LL.B.,
explained to the proposed purchaser that he would be required to
take the land in the name or names as the land presently owned
by him so that the new parcel will merge with the property already
held and become one property. Mr. Kinney, verbally, accepted
this condition and W. Kay Lycett Q.C:, agent for the Vendor
acknowledgedthat he would be preparing the deed and that it would
be prepared in the manner as instructed by the Committee.
Application granted on motion by K. Schoenma.ker, seconded by
E.F.R. Osborne. Carried.
CLASSIFICATION 10 "A"
Page 10
Meeting Committee of Adjustment, June 11, 1973:
Application File No. "A"16-73-16
Michael Bevan, Proposed
R.R. #11 Purchaser,
Kendal, Ontario,
for part of Lot 32, Con 7,
Township of Clarke,
Submission No. "A"16-73-16
Application was m de for exemption or partial exemption from
provisions of sub -division control by-law 1592 as amended by
by -1653 for relief from required frontage of 150' to 1401,
appendix 1 (a); and for relief from required lot area of 1
acre to .076 acre, appendix 1 (b);
The Secretary -Treasurer reported that 17 notices of the
said hearing had been mailed in accordance with Item 5 of the
Rules of Procedure.
Mr. Ray Abbott, 818 Thornton Road, N., Oshawa, Ontario,
accompanied by Mr. Michael Bevan, the proposed purchaser, appeared
in support of this application. No other person appeared in support
of, or in opposition to this application.
[sir. R. Abbott, under oath, stated the following facts:.
1. He purchased the property from Mr. Evans Newell
on January 13, 1973 with the understanding that this
was a building lot. Mr. Abbott presented, as evidence
an Agreement of Purchase and Sale dated 13/1/73,
witnessed by "Martin Chizen" and signed "Evans Newell"
on which is stated "The Vendor warrants that a building
permit is available for a single family residence
within the building bylaws of the Township";
2. He had acted on legal advice and had purchased the
property in good faith;
3. He was unaware that a minor variance would be required
for this lot before a building permit could be issued;
4. He now wishes to sell to Mr. Michael Bevan, the
proposed purchaser and the application before the Committee
is for approval of a frontage of 140' instead of the
required 150' and an area of .076 acres instead of
the required 1 acre in area;
The following material was also presented to the meeting:
1. Photostat copy of a Plan of Survey, prepared by
Merrill D. Brown Limited, 121 Queen St. Bowmanville,
Ontario, signed "M.D. Brown"OLS., dated April 24,
1972, File 72050;
2. Lot Inspection Application from Haliburton, Kawartha,
Pine Ridge District Health Unit, Cobourg, Ont_irio,
signed "R.J. MacNaull", dated June 4, 1973;
Mr. Michael Bevan was then sworn and he stated that he
wished to purchase the lot and build thereon a single family
dwelling.
The Committee recalled having inspected this property on a
previous occasion in 1972 (ref. 11B112-72-1 Apr 24, 1972); and
were, therefore, of the opinion that a site inspection is not
necessary since the lot is highly desirable as a building lot
and the variances as requested were frational.
Application from required frontage of 150' to 1401; and
from required 1 acre in area to 0.76 acre granted on motion by
K. Schoenmaker, seconded by E.F.R. Osborne, subject to the follow-
ing conditions:
C
Page 11
Meeting Committee of Adjustment, June 11, 1973:
1. TAKE 1,7ARNING that this decision for minor variance
of the Clarke Township Committee of Adjustment
IS NOT FIN:',, 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 TINE 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 applicant 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 of Adjustment 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 "RR"
Append 1 (a) (b)
Application File No. "B"29-73
CARRIED
Jean Lewis, Owner,
Orono, Ontario,
W. Kay Lycett Q.C., Agent,
Barrister & Solicitor,
Orono, Ontario,
for part of Lot 28,
Con 5, Hanning's Plan,
Township of Clarke,
Submission No. "B"29-73-29
Application was made for exemption or partial exemption
from provisions of the Planning Act so as to permit the separation
of approximately 9,281 sq. ft. from the applicant's land.
W. Kay Lycett Q.C., Barrister & Solicitor, as agent, appeared
in support of this application. No other person appeared in support
of, or in opposition to this application.
The Secretary -Treasurer reported that 15 notices of the said
hearing had been mailed in accordance with Item 5 of the Rules of
Procedure.
The Secretary -Treasurer presented the following material to
the meeting:
1. photostat copy of registered Plan 1OR 151, dated 14th
May, 1973, signed "E.L. Bird" Dep. Registrar for the
Registry Division of Durham ",lest (No 10); deposited
under part 2 of the Registry Act, dated May 14, 19739
signed "M.D. Brown"; prepared by Merrill D..Brown
Limited, Land Surveying and Engineering, Bowmanville,
Ontario, dated April 24, 1973; "Revisions I -lay 149 19731'
file 73021-B;
Page12 .`d
Meeting Committee o_{ justn,ent, June 11, 1973:
2. Corrrespondence from W. Kay Lycett .C., Barrister
& Solicitor, Orono, Ontario, dated hiay 239 1973:
"I am enclosing herewith the application of Jean
Lewis for severance of a portion of her residential
property owned by she and her husband, Tom Lewis
in the Village of Orono.
For your information we enclose herewith a copy
of Plan filed as Number 1OR151 at the Registry Office
in Bowmanville and I would point out that Mr. and
Mrs. Lewis are presently the owners of those lands
designated on the Plan as Parts 3,5,6, and 7. As
your Committee members are aware, Part 4 shown on
the Plan is owned by their daughter Lorna Jean Atkins
and you are aware too, that Lorna Jean Atkins has
acquired Part 2 on the said Plan from her husband.
This application is made for the severance of the
Lewis lands of parts 3 and 5 to be conveyed to their
daughter Mrs. Atkins and you will see that it is a
simple matter of arranging an addition to the t.tkins
property."
signed "w.K. Lycett" per "B.K.
The Committee perused the material presented and recalled
an application concerning abutting lands which was granted on
April 25, 1973 (ref. "3"6-73-6 Thom?ns G. f:tkins).
The proposed transfer of the subject land is from a father
to a daughter and son-in-law and enlarges their holdings
making it a more attractive property and a better property from
a sound planning point of view. The increase in size creates
a larger side yard and a more satisfactory area for septic tank,
field installation and well.
Follow-ing further discussion the application was granted
on motion by K. Schoenmaker, seconded by E.F.R. Osborne.
Application "B117-73
Application "B"8-73
Carried.
Robert Manina and Owners,
Alma Manina,
P.C. Box 532,
Acton, Ontario,
for part of Lots 3 & a. Con 4,
Township of Clarke,
Submission No. "B"7-73-7
Submission No. "B"8-73-8
•.s business arising from the minutes of meeting March 26,
1973, these applications were presented for further consideration.
Mr. and P1irs. Robert Manina, applicants, appeared in support
of this application. No other person appeared in support of,
or in opposition to this application.
Mrs. Alma Manina was sworn and Mr. Eanina was reminded that
he was still under oath. They presented a draft Plan 10R,
prepared by Merrill D. Brown Limited, Land Surveying and Engineering,
121 Queen Street, Bowmanville, Ontario,dated June 6, 1973, signed
"H.F. Grander" OLS, rile 73111. This Survey outlined two parcels;
(a) Part 1 with an area of 40.04 acres and (b) part 2 with an
area of 40.02 acres.
Application "B"7-73-7 dealt with the proposed severance at the J
north end of the property;
Application "B118-73-8 dealt with a prorosed severance at the south
end of the property.
The Committee perused the Plan and decided to consider each application
separately. The severance requested is part (2) on the Plan
which would leave part (1) to the north and•an undefined remaining
pF--.rcel to the south.
Page 13
Meeting Committee of Adjustment, June 11, 1973:
The applicant was asked whether or not he had any preference
if only one severance was granted and he replied that he preferred
the severance of part 2 which would gi.ve.him 3, 40+ acre lots.
Following further discussion Mr. Nanina requested permission to
amend application "B"7-73-7 for a severance of 40.02 acres,
being part 2 on the Plan. Permission granted and the application
form initialled accordingly.
The Committee referred to the minutes of meetings April 25th
and March 26th; recalled their inspection of the property
on April 19, 1973 and the application on the north end of the
farm for severance of 40.02 acres was granted on motion by
Q.F.R. Osborne and seconded by K. Schoenmeker. Carried. ("B"7-73-7)
The application for severance of 62 acres at the south end
of the farm was dismissed on motion by V. L3choenmaker, seconded
by E.F.R. Osborne. Carried. ("B"8-73-8)
CL .SSIFICI_TIGN 10 "ri"
Application "B"19-73
G.A. Gianless, Owner,
84 Chestnut Park Road,
Toronto 289, Ontario,
Roy A. Foster, Agent,
Kendal, F.O. Onta=rio,
for part of Lot 20,
Con 5, Township of Clams,
Submission No. "B"19-73-19
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 100 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.
Mr. Roy A. Foster, Agent, on behalf of the applicant, appeared
in sup ort of this applicaticn. No other person appeared in
sup_ort of, or in opposition to this application.
The Secretary -Treasurer presented the following material
to the meeting:
1. Correspondence dated i.pril 25, 1973 signed "G.A. Wanless"
appointing, Mr. Roy A. Foster to act as agent in regard
to this application;
Mr. Roy A. Foster, under oath, referred to a pencil sketch
included in the applic=tion and indicated the location of the
subject land. The Committee noted that the sketch also included
the outline of the abutting farm to the east from which was
severed approximately 9 acres containing a dwelling house and farm
buildings (ref "B^342-71-255 Nov. 29/71). The 70 acres retained
by the applicant at that time, abuts the farm he now wishes to sell
necessitating an application for consent to a severance of the
100 acres. Following further discussion this application was
adjourned to enable the Committee to inspect the property.
As a matter of record the whole Committee inspected this
property on June 12, 1973 and noted the following facts:
1. The road up the west side of the farm which gives
access to the building is satisfactory but beyond the
buildings it quickly disintegrates into a single "track"
road rather heavily grassed.
Page 14,
Meeting Committee of Adjustment, June 11, 1973:
2. The farm is a regular rectangular 100 acres and the
road across the south end is a well used Township
Road. There appears to be no negative topographic
features and the farm is a typical 100 acre farm of
the past generation.
The Secretary was instructed to request the applicant to
submit a certified Flan of Survey, prepared by an Ontario Land
Survevor and this applic-tion was adjourned auaitinq the
requested material.
CLAS ICATION 10 "A"
Application No. "B"21-73
Robert L. Bullen, Owner,
R.n. #1, Kendal Cntario,
for part of 52 Lot 6,Con 9
N pt.Lot 6,Con 8
Township of Clarke,
Submission No. "B"21-73-21
Application w -s made for exemption or partial exemption
from provisions of the Planning Act so as to permit the separation
of a parcel of land approximately 40 acres in area from the
applicant's land in an Agricultural Zone, Section 10 "," amending
by—law 1653:
The Secretary—Treasurer reported that 25 notices of the said
hearing had been mailed in accordance with Item 5 of the Rules of
Procedure.
Mr. Robert L. Bullen, applicant, appeared in support of this
application. No other person appeared in support of, or in
opposition to this application.
Mr. Bullen was sworn and indicated on a pencil sketch the
location of the existing buildings on the 40 acre parcel he wishes
to sever, leaving a remainder of approximately 160 acres. He has
owned the property approximately 17 years. He is a retired engineer.
This application was adjourned to enable the Committee to inspect
the property.
As a matter of record the whole Committee inspected the
property on June 12, 1973 and noted the following facts:
1. Mrs. Bullen recently died suddenly and Mr. Bullen is
selling the house, barn and 40 acres, retaining 160
acres of land to the north.
2. The area is becoming "millionaire farmers" type of
development. Houses in the area have indoor swimming
pools and the "farm" next door is doing Twenty to Thirty
Thousand -Dollars on landscaping.
3. The existing residence farmhouse with 40 acres of land
"fits into" the developing character of the area.
The Secretary was instructed to request the applicant to submit a
certified Plan of Survey, prepared by an Ontario Land Surveyor
and this application was adjourned awaiting the requested material.
CLASSIFIC.!="ilC 10 "A"
Page 15
Meeting Committee of Adjustment, June 11, 1973:
Application File ".3"28-73
Catherine W. Stewartowners,
Mary Z. Drown,
G.I. Keane,
R.R. ;=1 Kendal, Ont=rio,
for part of LOt 13,
Con 6, Township of Clarke,
Submission No. "a"28-73-28
application was made for exemption or partial exemption from
provisions of the Planning �:ct so as to permit the separation of
approximately 40 acres in area from the applicant's 1<-:nd in an
Agricultural Zone, Section 10 "All amending by-l�,w 1653.
The Secretary -Treasurer reported that 17 notices of the said
hearing had been mailed in accordance with Item 5 of the Rules of
Procedure.
Miss Catherine W. Stewart, 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 the proposed purchaser addressed
to the Secretary -Treasurer under date of June 4, 1973,
I ;m interested in this applic=tion as the
proposed purchaser. It is my ii;tenticn to
purchase the 40 acres to be added to my farm-
inc_, operation. I have r>cently erected a
14 X 50 ft. silo on my existing farm property
located directly East of the proposed severance,
and intend to use the 40 acre lot for agricultural
purposes, in conjunction with.my existing 50
acre parcel. Yours truly (sgd.) "SJm. L. Hoy"
Miss C. Stewart, under oath, stated the following facts:
1. Mr. Wm. L. Hoy, the proposed purchaser has actually
farmed the subject land for a period of approximately
10 years. He has rented the land during this time
and now wishes to purchase it. He has grown grain
and corn on the said land and has a dairy herd of
20 milking cows ;
2. Miss Stewart's grandfather purchased the farm
103 years ago and has been in the "Stewart1D name
since then;
3. The house and barn will be retained on the remaining
60 acres;
4. There is a possibility that the north end of the
property will be purchased by the Ministry of
Natural Resources as this abuts the Ganaraska
Reforestation.;
Application adjourned to en -able the Committee to inspect the
property.
?:s a matter of records the whole Committee inspected this
property on June 12, 1973 and visited Miss Stewart at h'er home.
The applicant proposes to sell 40 acres at the front of the farm.
This 40 acres borders the Township Road and is the best agricultural
land on the farm. The applicant's homo is up the side road and
commands a magnificent view up a bowl shaped valley overlooking the
Ganaraska Forest. The north end of the property is scenic and
rolling lands; excellent for recreational purposes. This end of the
pro_erty should ideally be purchased by and added to the Ganaraska
Forest. The "Secretary was instructed to request the appl=icant to
submit a certified Flan of Survey, prepared by an Ontario Land
Surveyor and this application was adjourned awaiting the requested
material.
L:' SSIFI�',t^I N 10 "A"
Page 16
Meeting Committee of Adjustment, June 11, 1973:
Applicatic.n No. "B"17-73 Mary Ellen Hill,
on behalf of herself and
registered owner, John
& Caroline Drewniak,
R.R. =5, Box_ 13,
Boi:manville, Ontario,
Barber & Kelly,-.gepts,
Barristers E Solicitors,
23 King St. Pd., Box 159
Bowmanville, Ontario.
Submisson "B"17-73-17
Applic-ticn was made for exemption or partial exemption from
provisions of the Planning :.ct so as to permit the separation
of a parcel of land approximately 2.13 acres in area from the
applicant's land to carry out a settlement of boundary dispute
and adjustment of boundaries to rectify the transection between
the owners set out in instrument dated January 25, 1966,
registered as I428654.
The Secretary -Treasurer reported that 14 notices of the said
hearing had been mailed in accordance with Item 5 of the Rules of
Procedure.
Mrs. I�Tary Ellen Hill, applicant, Mr. John Drewniack, registered
owner and W. Kay Lycett Q.C., Barrister & Solicitor, Orono, Ontario,
appeared in support of this application. No other person appeared
in support of, or in opposition to this application.
W. Kay Lycett Q.C., stated that he was appearing on behalf of
D.J. Barber B.A. LL.B., Barrister of Bowmanville, Ontario, who
was unable to attend this meeting.
The following material was presented to the meeting:
1. A certified Plan of Survey, prepared by Merrill D.
Bron Limited, Land Surveyin,,7 and Engineering,
121 :ween St. Bowmanville, Ontario, dated October
11, 1972 signed "M.D. Brown", CLS., file 70149-A;
Iir. Lycett explained that Mr. Drewniak had purchased a
parcel of land from Mrs. Hill's father. It was created without
I;enefit of survey and when surveyed the father gave more than he
intended. Mr. Drewniak should have the land outlined in "black"
on the said Plan of Survey and if they can agree on that, this is
a very simple matter.
Mrs. E. Hill, under oath, explained that the lot in question
had been measured by metes and bounds and the Plan of Survey
as prepered by "Terrill D. Brown revealed an error in area of
approximately 2.13 acres. Mrs. Hill agreed verbally that she and
Mr. Drewniak should agree on the area owned by them so that this
matter may be settled.
Mr. J. Drewiak, under oath, stated that he has owned this
land for 9 years.
Application adjourned to enable the Committee to inspect the
property.
CLASSIFICr.TIGN 10 "A"
As a matter of record the whole Committee inspected this
property on June 12, 1973 and spoke to tenant Ir. Allan Downes,
who indicated the survey lines on the ground. J
.Following further discussion the Committee could see no
reason why the severance should not be granted 'so that the
conveyancing problem could be clarified and the previous transaction
completed.
Application granted on motion by E.F.P. Osborne, seconded by
K. Schoenmaker. Carried.
CL=.SSIFI:":.TICK 10 "A"
Page 17
Yar ting Committee of :',djustment, June 11, 1973:
Application rile No. "B1122-73
Angela diary Bahr, Owner,
25 Underwood ~venue,
Torcnto, Ontario,
William Gordon, Agent,
Keith Real Estate,
103 Ping St. E.,
Oshawa, Ontrriu.
Submissicn No. "31122-73-22
Application was made for exemption or partial exemption from
provisions of the :larning Act so --,s to permit the separation
of a Parcel of 1.=.nd approximately 75' x 300' in area from the
applicant's land.
The Secretary -'treasurer reported that 17 notices of the said
hearing had been mailed in accordance with Item 5 of the Rules
o£ Frocedure.
Por. William Gordon, as agent for the applicant, appeared in
support of this applicrtion. 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 "n.I•i. Eahr" dated !qay 15, 1973
authorizing Mr. t;illiam Gordon to "act on my behalf
with reference to the Consentto s_ver the a`.:ove mentioned
lots"
2. Correspondence dated June l,• 1973, signed "Robert A.
Edmunds F. Eng., Counties' Enr,ineer and Road
Superintendent, Cobourg, Ontario.
Re: Applic=_tion "B22-73-22
Dear Pairs. Yeo:
,,In reply to ,your '--ay 24th7 1973 notice, the
United Counties objects to the applied for severance.
It is our understanding that there has been drainage
problems in the vicinity of the pro;osed severance
for a considerable period of time. Filling in the low
area and erecting a dwelling can only aggravate the
problem. In addition, the new lot will require a new
entance onto the County Road. Each new entrance onto
an arterial or through road continues the process of
altering the original purpose of the road."
Mr. William Gordon as agent, under oath, submitted the
following facts.-
1.
acts:
1. This property was surveyed on November 15, 1968 by
i�;.D. Brown CLS., Bowmanville, Ontario and registered
as two separate lots - (a) 1-37896 being the north lot;
and (b) 437894. being the south lot in the name of
Lezam Investments Limited, Incorporated under the
LaiAs of Ontario and are shown in the records of the
Township of Clarke Municipal Office as 78-094; and
48-095, part of Lot 9, Concession 4;
2. A deed from Lezam Investments Limited to Mrs. B -,-hr's name
was registered as N37895, under date of 18th May, 1971;
3. There are two lots with an arca of 75' x 300' each.
The Committee perused and discussed .the letter received from
the Counties' Engineer & Road Superintendent's office, Cobourg,
Ontario and P:r. Gordon stated that these are tile drained lots.
The County road Dept. built up the road and neglected to lower the
culvert and the alleged drainage problem is not caused by any
run off from the lots, but in fact, is caused by the position
of the culvert.
Page 18
Aieeting Committee of Adjustment, June 11, 1973:
Air. Gordon also stated that the. eal Estate Salesman
who was handl=ng the sale of these lots is now deceased and
the records were not available in time for the meeting. The
information presented by him was to the best of his knowledge.
Application adjourned to enable the Committee to inspect the
property. )
As a matter of record the whole Committee inspected the J
property on Junc 12, 1973 and noted the 1%,nd is definitely in
a low lying area. Whether or not the drainage is sufficient
or inadequate is immaterial to whether or not the lots should
be severed, and severance is now the question before the Committee.
The Committee referred to the specific letter of objection
from the Counties' engineer dated June 1st, 1973 and also referred
to the former general policy letter on multiple entrances dated
May 99 1973 which indicates that the objections herein to
multiple entrances is a general policy.
The Committee considered the following facts:
1. These lots are in an agricultural zone. The minimum
lot size required is 40 acres and the aninimum
frontage required is 330' (appendix 1, sub sec. (a)
(b)). In an Agricultural Zone it is Nossible that
a farmer may "retain a lot", such a lot would be
subject to the sale of his farm, be a minimum size
of one acre and have a frontage of 1501 (appendix 1,
sub sec. (j). The Committee cannot see how they
could reduce the lot frontage to'75' and the lot
size to 75' x 300' applied for;
2. The two lots were apparently held under separate
deeds, but they merged. The fact that there are two
entries for these lots on the Assessment Rolls and
two separate tax bills does not grant a severance
within the meaning of the Flanning P.ct;
The Committee were of the opinion the applicant had not established
a case that a severance should be granted and the application
was refused on motion by E.F.R. Osborne, seconded by K. Schoenmaker,
Carried.
CL SSIFICATIC-N 10 "A"
File "A"14-73 James S I•;aria Murree, Owners,
Box 76,
Church Street,
Lot 13, Elock "R"
rolice Village of Orono,
Lot 28, Con 5,
Townshii; of Clarke
Submission No. "A"14-73-14
Application was made for _xemntion or partial exemption
from provisions of sub -division control by-law 1592 as a.,ended
by by-law 1653 for relief from re:;uired sideyard of 4' A..h an
"R1" zone to 3' 4".
The Secretary -Treasurer reported that 20 notices of the said
hearing had been mailed in accor.-Ince with Item 5 of the Rules'of
Procedure.
Mr. & Airs. James I•Iurree, applicants, appeared in support of
this application. No other person appeared in support of or in
opposition to this application.
Page 19,
Meeting Committee of kdjustment, June 11, 1973:
The.following material was present --.d to the meeting:
1. Certified Plan of Survey, prepared by L.D. Brown OLS.,
oc•manville, Ontaric, File 73003, dated Iiay 39 1973;
Mr. & Mrs, i,iurree, under oath, indicated on the i✓lanof
Survey their existing dwelling and stated that they wished to
remove an existing shed and to extend the house to the rear, along
the easterly wall on the north and south side of the house so
th=t the house would be even when finished. The variance requested
is from the required 4' sideyard to 3' 4" sideye,d, a matter of 8".
The extension will be built to the rear of the house and the side—
yard will increase because the house is angled to the side of the
lot so that if the extension was long enough the sideyard clearance
would remain 41.
Applic�tlon adjourned to enable the Committee to inspect the
property.
As a matter of record the whole Committee inspected this
property on June 12, 1973 and noted the following facts:
1. The neighbour's garage to the west was •%ery close to
the building line;
2. The existing shed, to be demolished, had the interior
lath removed so the 2 X 4's were visible;
3. The pro;erty is within the limits of the Police Village
of Grono where, in many cases, minor variances occur
in sideyards;
4. The demolition of the present "shed style" addition to
the house and the construction of a new type addition
by extending the present walls of the house strai�!ht
back would improve the appearance of the existing
structure and the v=riance is slight and decreasing;
The Committee felt that no basic prevision of the relevant &y—Laws
was being viol.,ted and the application could pro:erly be classed
as a "minor variance".
Application for a minor variancee, from the required 4' in an "Rl"
zone to 314" granted on motion by K. Schoenmaker, seconded by
Q.F.H. Osborne, subject to the following conditions:
1. TAKE ':ARNING that this decision for minor variance
of the Clarke Township Committee of Adjustment IS
NGT FIN;.L -,ND bliTDIhG until the time for appeal by
any interested party has lapsed under the terms of
the Planning ?ct of the Province of Ont. -ria. THIL; TIi,:E
FOR ;,PtE .L IS 21 DAYi> FROM TiiG D' ^E that the minutes of
this decision have been mailed to the Ninister of
I'-unicipal '.ffairs 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 of Adjustment
a duplicate Certificate of Deposit or a Notarial copy
thereof;
3. FII.-.TiiER that upon rec�_ipt by the Secret=ry of the
aforesaid documant, the appropriate administrative
officials of the Township of Clarke shall be zuthorized
to issue any and all necessary permits or to take any steps
necessary to implement this decision.
CL,=.SSI;'ICLTIc; Pi
Append. 1 (f) "R1"
Page 20
I4eeting Committee of ".djustment, June 11, 1973:
Application Pile "15 -73 -
James Adams, Owner,
Box 11, Newtonville, Ontario
Part of Lot 9. Con 12
Township of Clarke,
Submission No. "',"15-73-15
Application was made for exemption or partial exemption from
provisions of the sub -division control by-law 1592 as amended
by by -1--w 1653 for the follco.,,ing variances:
(a) Append 1 (f) variance of 12' from required 25' on west J
side sn as to permit a sideyard of 131;
variance of 13' from rec:uired 25' on east
side so as to permit a sideyard of 121;
(b) 1-lppend 1 (g) variance from required 110' from cf_°ntre
lige of a Provincial Highway to 58'
from the centre of the Highway;
The Secretary -Treasurer reported that 20 notices of the said
hearing h-�d been mailed in accordance with Item 5 of the Rules of
Procedure.
Mr. James ?_dams, a_ plic_ant, appe•-=red in support of this
applic-tion. No other person appeared in support of, or in
opposition to this application.
E.R. Lovekin 3.1,. LL.B., Chairman, disqualified himself from
the hearing of this application, having previous knowledge of this
matter and i%r. K. Schoenmaker, senior member, conducted the hearing
on this case.
Mr. James :dams, under oath, presented the following facts:
1. This lot is registered in his name by a Deed to Uses -
_56982, reg. at 3:04 pm, Nov. 10, 1972;
2. This is an existing lot before the By-law was passed
and is shown on a Plan of Survey under date of July le,
1961;
Mr. Adams presented the following material to the meeting:
1. Building and Land Use Permit 460849, dated Port
Hope, 24th day of %.ay 1973;
2. entrance Permit 429373, dated Port Hope, 24th day
of Play, 1973;
3. Pencil Sketch of the pro;osed dwelling and attached
garage. The dwelling anal -attached garage to have a
combined width of 60' leaving a sideyard on the
I
ast side of 12' and a sideyard on the west side of
13';
4. This application, is for sideyard variances from the
required 25' on each side and a variance from the
required set back of 110' to 58' from the centre of
the Highway as approved on the building and land use
permit -X60849;
5. He has owned this lot since November of 1972 which
is situated close to the centre of the Village of
Newtonville in am built up residential area;
Ap:plicaticn adjourned to enable the Committee to inspect the
property.
''s a m tter of record the Committee inspected the prorerty on June
12, 1973 F,nd noted the following facts:
1. The land lies on the south side of Highway =2, about
200' west o--" the four corners of the Village of Newtonville,
there being two houses and a store between the lot and
the four corners; . . . . . . . .
Page 21
Meeting Committee of Adjustment, June 11, 1973:
2. The lot drops off very suddenly from the edge of
the road allowance;
3. On the north side of the road, there is a War Memorial
and a lot that formerly contained a house, the house
burned down Pnd.the amended by-law 1653 prohibited
re -construction;
4. Mr_. and Nrs. Adams presently occupy an older clapboard
home, registered in the name of Mrs. :.dams, with a
large lot to the west of the said home;
5. The application for minor variances is for a lot to
the east of the existing homestead, said lot being
registered in Mr. Pdam's name, "to uses";
6. The subject 17nd is a "lot of record" h„ving been a
separate lot For a number of years;
Mr. Lovekin informed the Committee that Mr. Adams had requested
him to convey to the Committee that this matter stand down while
he considered what he �nnted to do. Mr. Lovekin also informed
the Committee that he told 'sir. Adams the Committee would be
disbanded as at the end of the year and that his case would be
dismissed at that time, if he had not taken any action.
This application was adjourned sine die to be brought forward
at the request of the applicant.
CLA3SIFIZATILN Append. 1 (f) (q) ".RRII
:_pplication File "a"12-73
Joseph Leschak, proposed
purchaser, Box 207,
Orono, Ontario,
v'. Kay Lycett Q.C., ,.gent,
Orono, Ontario,
for part of Lot 99 Block "R"
in part of Lot 28,
Concession 5 of the Township of
Clarke, Police Village of
Orono, Cnte.rio,
Submission "12-73-12
As business arising from the minutes of April 25, 1973,
this application was brought forward.
Pio person oppeared in support of, or in opposition to this
application.
The Committee recalled that a Flan of Survey, presented
at the meeting held on April 25, 1973, revealed that there was
sufficient frontage for the lot concerned and, therefore, the
application was unnecessary. This was not known previously
because it is the policy of the Committee to permit people to
make an application without submitting a formal Flan of Survey.
The Committee do, however, require a proper clan of Survey to be
submitted before the final decision is given and this is when
the error was revealed.
This application i , therefore, cancelled and closed on the
records.
Page 22
Meeting Committee of _djustment, June 11, 1973:
Application 11511354-71-257 Vernon Jehn Stacey,
application "?_1355-71- 66 Ne•,rtcnville, Gnt>rio,
for part of Lot 10, Con 1,
Township of Clarke,
Submission No. "354-71-257
Submission No. "355-71-66
Kay Lycett Q.C., appeared before the Committee in regard
to a deed dated 2.7th April 1972 re the above application.
i,ir. Lycett stated that apparently due to en oversight the
applicant in the matter Air. Vernon Stacey had deeded to himself and
wife and the land merged with abutting lends. I°ir. Lycett pointed
out th:_t the time has not lapsed for a deed to be consented to and
requested the Committee to c?eal with the matter on the basis of ap roval
of a correcting deed. The Committee were of the opinic,n that this
matter could be dealt with and. instructed the Secretary to certify
and consent to the correcting deed submitted by Mr. Lycett. The
correcting deed is to be star:ped b,; the Secretary -Treasurer provided
that i.r. Lycett submits an affidavit setting out the nature of the
error made and that the correcting deed contains recitals explaining
that i{- i-- a correcting deed.
(:s a matter of record the Committee granted these applications)
(on January 10, 1972).
CL:.;SITC:_TICi`I reE-•re
General Business
The Secret_ry-Treasurer presented the following corres;xrn:ence
to the meeting:
Dated r,iay 9, 1973, signed "K. Symons'. Clerk -Treasurer, Cob--u--g,
Ontario.
TC `L CC'AI.ITTEES OF ADJU--Ti•.ENT
IN THE CG.'I'3TITUENT t-.UNTICIPALITIES OF
northumlerland and durham:
Gentlemen:
The number of severances being granted, which necessitate
an entrance on counties' roads throu,rhout the counties, has
been increasing rapidly over the 5�ast few years.
It is a matter of grave concern to the Council as it defeats
the purpose of a county road, mainly to carry traffic quickly
from arterial roads to a King's Highway.
The Counties' Planning Committee met with the Counties'
Encine,er and the Land Division. Committee on riay 71 197';, at which
time a long discussion w -.s held on the question.
From this discussion a motion tags m=de instructing me to write
all of the Committees of ;+djustment throughout the Counties to ask_
them,.i- they are not already deinc so, to send copi_s of all
appli.c cions to the Counties for sever:,nce,s which will involve an
entrance on a county road. Thew would further ask the co-operation
of all Committees of '.djustment in examinin:,- very thoroughly any
comment which is sent back_ by the Engineer on behalf of the Council,
pertaining to any sever. -noes which necessitates such Fn (-ntrance.
A further meeting to riiscuss this important matter is being
held on Ploy 2.2, 1+73, and if any of the Committees have any suggestions
for consideration of the Ilanning Committee, we would be happy to
receive same. Yours very truly,
KS:evt "K. Symons" Clerk -Treasurer.
C
Page23
Meeting Committee of Adjustment, June 11, 1973:
The Committee having heard all oral representations from the
applicants and their agents, the meeting was adjourned at
12:00 midnight on motion by E.F.R. Osborne and seconded by K.
Schoenmaker to re -assemble at the home of the Secretary -Treasurer,
Mrs. E.M. Yeo, on June 12, 1973, after inspection of properties.
arried.
Secretary -Treasurer rl Chairman
JUNE 12, 1973
On June 12, 1973 the Committee inspected properties from
6:00 p.m. until 9:00 p.m. after which a meeting was held at the
home of Secretary -Treasurer Mrs. Ellen M. Yeo to discuss the
applications concerned; notes dictated; decisions made; and the
Secretary -Treasurer was instructed to request Plans of Surveys
required for those applications being held over for consideration
at the next meeting to be held on July 23, 1973.
This meeting adjourned at
seconded by E.F.R. Osborne, to
Secretary -Treasurer, Mrs. E.M.
inspection of properties.
Secretary -Treasure
11:00 p.m. on motion by K. Schoenmaker,
re -assemble at the home of the
Yeo, on June 15, 1973, after
reed.
airman
JUNE 15, 1973
On June 15, 1973 the Committee inspected properties from
6:00 p.m. until 8:00 p.m. after which a meeting was held at the
home of Secretary -Treasurer Mrs. Ellen M. Yeo to discuss the
applications concerned, notes were dictated and this meeting
was adjourned at 8:30 p.m. on motion by E.F.R. Osborne, seconded
by K. Schoenmaker to be re -convened on Wednesday, June 20, 1973
at 7:30 in the Council Chamber at which time the3mrrg pending
applications will be finalized. \
arried.
.c Cis L
Secretary -Treasurer Chairman
MEETING OF THE
COMMITTEE OF ADJUSTMENT
Wednesday, June 20, 1973 at 7:30 p.m.
Council Chamber,
Orono, Ontario.
Present: E.R. Lovekin B.A. LL.B., Chairman,
K. Schoenmaker, Member,
E.F.R. Osborne, Member,
Mrs. Ellen M. Yeo, Secretary -Treasurer
The meeting of the Committee of Adjustment re -convened on Wednesday,
June 20, 1973. The following applications were brought forward
and the oral representations on same, as submitted at the meeting
held on Monday, June 11th, 1973 were duly reviewed and recorded.
File "A"17-73 Paul J. Collinson, Owner,
Box 175,
Newcastle, Ontario,
Lot 18, Con 1,
Township of Clarke,
Submission No. "A"17-73-17
Application was made for exemption or partial exemption
from provisions of sub -division control by-law 1592 as amended
by by-law 1653 for a reduction of 11' on the east side of an
existing dwelling so as to permit a sideyard of 14' in lieu of
25' as required.