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Meeting Committee of Adjustment September 10, 1973:
The Committee having heard all oral repre=tat�.ons from the
applicants and their agents, the meeting was adjourned at 1:00 a.m.
on motion by K. Schoenm�ker and seconded by E.F.R. Csborne, to
be re -convened at 6:00 p.m. on Tuesday, September 11, 1973,
�.:�ecretary—T rea.surer _
1°i Ti11C C,F THE
COM1,1ITTEE C_ :,._)Jv "Ti:F.NT
Tuesday, September 11, 1973 at 8:00 p.m.
Council Chamber,
Crcn7., Cnt ric.
Present: E.R Lovekiri E.A. LL.D., Chairman,
K. 5choer:maker kember,
E.F.R. Osborne, Member,
Mrs. Ellen M. Yeo, Secret=ry-Treasurer
The meeting of the Committee of i'.djustment re -convened on
Tuesday, September 11, 1973. The fcllouing applications were
brought forward and the oral representations on same as submitted
at the m eting held on Monday, September 10, 1973 were duly reviewed
and recorded.
Application File "3"52-73
Reginald George Wesley Elliott
Owner,
W. Kay Lycett :.C., gent,
Orono, Ont,.rio,
for part of Lot 11, Con 8,
Township of Clar'.e,
Submission "n"52-73-52
Application wes made for exemption or partial exemption from
pro-,risions of the Planning Act to permit the separation of
approximately 4 acres from the aj;plicant's l.rid.
The Secretary -Treasurer reported that 20 hearing notices
of the said hearing had been mailed in accordance with Item 5
of the Rules of Procedure.
Mr. R.G.V% Elliott, applicant, acco;p�7nied by his agent
W. Kay Lycett ,.C., Barrister & Sel;_citor app,e-red in sur.,:c,rt
Of this application. No other person rppeared in supiort of,
or in opposition to this applicati_:n.
The Secret=ry-Treasurer present•._d the following material
to the meeting:
1. Correspondence from W.A. Fray Lycett O.C.,
Barrister < Solicitor, Crone, i'ntario, d=tc-,,d
August 27, 1973: " I am enclosing an application on behalf
of our client above named for severance of 4 acres
parcel from lands registered in his n -me lying at the
southwest corner of Lot 11 in Concession Eight of
the To:•unship of Clarke. In the year 1971 P•:r. Elliott
Sr. allor•;ed his son Harlin.] George Elliott to erect
a house upc;n the subject lands in this application
but no conveyance was ever made of any part of his
holding to his son and therefore the house built
by the son still remains registered in the name of
Page 2
Meeting Committee of Adjustment, September 11, 1973:
Yr. Elliott Sr. and at the time the building was
erected the building permit was also made out in the
name of Mr. Elliott Sr.
At the present time Mr. Elliott is most anxious to
convey the subject l-nds in this application to his son
that his son will then have legal title to the house in
which he lives and is paying for, and thus this applic=tion
becomes necessary.
I might point out that Mr. Elliott Jr. does not
wish to obtain title to any more land than the 4 acres
being the subject of this application which hos been
fenced off, and I am told that the remaining lands in
Lot 11, Concession R which Mr. Elliott Sr. still retains
will lend themselves to a more recre-•tional type of use
in thn future and certainly it is not his intention to
develop the lands in n residential way"
(sgd) "i;.l:. Lycett"
Mr. R. Elliott was sworn and questionned as follows:
';er( there any buildings on the property before the
dwelling built in 1971;
"A" Yes, buildings were talen down in the 1920's and moved off
the property;
":<" What is the fundamental ch.-racter of the land;
"A" This is ranch lend and bush. I pl nted ap_roximptely
15 acres of Xmas trees, but this was uneconomical;
Is the house occupied by your son on a pa=t of the l2o acres:
"'," Yes; and there is a storage shed approximately lo' x 25'
"Q" How Ion( have you owned the land;
""-" Since.1955, bought in 1956 from Har; r Carscadden Estate;
"Q" Does any part of the property abut on lands owned by
the Ganaraska Authority;
"A" Yes, on the north and for 200 rods on the West.
Yr. R. Elliott also stated that he har'. nc Present intrni-inna
of selling the land. The lard is too hilly to be worked and
would lend itself for recreational purposes;
Remarks by Chairman Z.R. Lovekin B.A. LL.B., " Fir. Arthur Low
h -s indicated th t by is interested in this application and
I would ask him to make any submissions he may wish. "
Mr. :rthur Low replied that he rapresented the owner of Lot ll,
Concession 7, one Anton Czapka���nd was holding a wAtching brief
for Air. Czapka. He had no special re;_re entations or comments
to m=ke. This being all the discussion at this time, the
applic=ticn was adjourned to enable the Committee to inspect
the property.
CL`S%IFIC.- ICN 10 "="
Page 3
Meeting Committee of ^Alustment, September 11, 1973:
Applicat'cn File "7."23-73
hJilb?rt K. Jones, Oivner,
C'-2, Taunton Read,
Orono, Cnt.-.rio,
for part of Lot 35, Con 5,
Townsh.p of Clarke,
Submission No. "t."23-73-23
Aprlicatic;n w -s made for exemption from provisions of
sub -division control by-law 1592 as a,mc--nded by by-law 1653
for permission for a variance of 21 ft. from rear yard
requirement of 251, to a rear yard of 141.
The Secretary -Treasurer reported thet 16 notices of tine said
h=_:ring h -d been mailed in accordance with Item 5 of the Rules
of Procedure.
Mr. eyilbert F. Jones, applicant, appeared in support of
this application. No other person-ppeared in support of, or
in opposition to this applic-tion.
The Secret-ary-Treasurer presented the following material to
the meeting:
1. ; photostat cony of a Flan of Survey, prepared by
Merrill D. Brown Limited, Land Surveying and Engineering
121 2ueen St. Fowmanvil le, Ontario, :=71093, dated
July 20,1971;
Dir. .F Jones, under oath, indicated on the Plan of Survey
an existing shed attached to the dwelling which he intends to
demolish and will replace with an addition,to the south-east
side of the dwelling,measuring ap:roximately 20' x 401;
Dir. '.q.K. Jones' daughter is an invalid and requires an
extra bathroom and bedroom, therefore, if the old shed is
demolished and replaced with a proper livak>le area for hi.s
daughter this would solve the problem of taking care of her at
home.
The Committee recalled that a minor variance on this
property w, -,s granted the 15th day of September, 1971, Submission
"_"329-71-53 allowing the former Clarke Unicn School on Taunton
Road to be used "or a single family dwelling.'
Aplication adjourned to enable the Committee to inspe=ct the
pro; erty.
CLASSI=C _TIOh 10 "P."
Application File 'B"43-73 Charles 1J. Smith, Owner,
Application File 11.'.11 25-73 Cor. Simpson & Perry Sts.,
Hampton, (.ntr.rio,
Miss Gladys Rcy, Agent,
Barrist_r & Solicitor,
Bowmanville, Cntario, Agent,
for part of Lot 23 & 2.4,
Cor. 6, Township of Clarke,
Submission "5"43-73-43
Submission "A"25-73-25
Two applic=tions were presented -.s follows:
Application 1143-73- ".pplic tion i.:,as made for exemctien or partial
exemtion from roviSicns of the Flann�'ng Act to permit the
separation of ap,.roximately 46.712 acres from the applicant's
land.
Application "A"25-73- Ipilication was mad
e for exemption or
partial exem:)tion from provisions of the sub -division control
by -lam 1.5'2 as amen:::ed by by-la)w 1653 for a minor ve_riance
from rac Uired frontF,Ce of 330' to a fr-ntage of 271.541 on the
pro osed severance of 46.712 acres in an agricultural zone
a, i end 1 " Lot F rontage;
. . .
Page 4
Meeting Committee of Adjustment7 September 11, 1973:
The Secretary -Treasurer reported that 21 hearing notices
of the said hearing had been mailed in accordance with Item 5
of the Rules of Procedure.
Miss Gladys Roy, solicitor for the equitable owner and
applicant Charles Smith; W. Kay Lycett Solicitor for William
Tomlinson the proposed vendor appeared in support of this
application. Hr. G. Turner, R.R. 41 Orono, Ontario, appeared as
an observer. IJo other person appeared insupport of, or in
Copposition to this application.
Ths Secret-<ry-Treasurer presented the following material
to the meeting:
1. Correspondence from "Gladys D. Roy" Barrister .p
Solicitor, 9Z Kinn St. E. 3owmanvill•e, Ont=ri.o,
dated August 7, 1973:
"Enclosed in duplicate is an application for consent
of severance of 46.712 acres from a parcel of 146.712
acres.
Earlier on the title the 46.712 acres was a separate
parcel, that is the south quarter of the north halves
of lots 23 and 24, Concession 6. The exceptions on
Highway 35 shown in the sketch were convoyed prior to
the acquiring of the land by the Tomlinsons.
I asked the Vendors solicitor for a direction to make
application and he stated that none was necessary, in
that he had frequently made application for a purchaser
as equitable owner. As it is necessor, that my client
obtain severance prior to closing, he hos made applicnticn
himself. This is outlined, to set out to you that we
are not claiming to for Charles Smith be the owner for
severance but Yith the lack of application by the vendor
under the agreement, as it was left up to Mr. Smith,
and the statement of the vendor's solicitor, it leaves
Hr. Smith ith no alternativn but to apply as equitable
owner under the agreement for sale, which W. K. Lycett
says is satisfactory.
Enclosed also is an application in duplicate for
permission to convey the land when the frontags is 271.54
feet and not 300 feet. At the time the land was con-
veyed to the Tcmlinsons the frontage was the same 271.12
feet. I note that for non residential use the frontage
maximum is 150 feet. The land which his been excepted
is in one instance used as Highway Commercial.
(sgd) "Gladys D. key"
2. Correspondence dated September 8, 1973, signed "C.E.Viller"
'Re- Mr. C.W. Smith's application to build a home
(Hampton)
on parcel of land approx. 46.712 acres, frontage, being
271.54 feet being minor variance from 300' in an
agricultural zone.
We would not want Vr. Smith's drainage system to interfere
with our wells. If the house is built on the knoll
behind north of °ir. Allen's home, this could happen.
On behalf of Mr. H. Allen, Mr. Larry Miller, and
myself, we have no objection to this application providing
it is for a home. If these ,are not the facts, then we
would like to reconsider our decision.
Yours truly,
"C.E. Miller''
3. n Flan of Survey, prepared by Merrill D. Brown Limited,
OLS., dated July 18, 1973, file 73161;
Mr. William Tomlinson, having been sworn, stated th-t the area of
46.712 acres as shown an the referenced Flan of Survey, was the
north end of a prel_erty of 150 some acres, the south end of which
fronts on the south frontage on the 6th Concession and the north
west corner of part "1" shown on the survey referred to, fronts
on Highway 115/35 with a frontage of 271.15 feet, the remainder
of the frontage having been sold off to other owners prior to
adequate land use controls being introduced into the Township.
Page 5
I'eeting Committee of Adjustment, Septeibr>r 11, 1973:
P.r. Tomlinson was asked if the land he owned south of
part "1"' shown r.n the Flan of Survey w;:uld front on Highway
115/35 ad he st=ted it would. He was further asked if he had
an entrance at the extreme north-we:;t corner anci he said that
he had a farm entrance. There is a gate and culvert in this
location. He also has a similar type of farm entr>:nce with
a gate and culvert giving access to Highway 115/35 on the
part that.he will be retaining. He will also have access
to the north side of concession 6. The road allowance shown
at the east side of the i.roperty is an unopened road allow;nce.
Mr. Tomlinson w s then asked what type of farming oiler,=tion
did he have and he replied that he intended to continue t:pith
cattle, but he wished to dispose of part of his farm holdings.
This application was adjourned to enable the Committee to
inspect the _ro,erty.
CL.'SSIF'IC Thid 10 ""r'"
Applications "E"53-73
Fr ,
r
Olive [-ia_ie Pedwell,
Owner,
"B"54-73;
R.k. 421 Newcastle,
Cnt=rio,
"E)"55=73;
"E"56-73;
W. Kay Lycett Q.C.,
Agent,
"S"57-73;
"D"58-37;
Barrister & Solicitor,
"E"59-73;
"B"60-73;
Orono, Ontario,
"E"61-73;
for part of Lot 30,
Con 22
"3"62-73;
"B"63-73;
Township of Clarke,
"B"64-73;
Suhmissi.on Nos
Twelve applicat`_c,ns were ma -'e for exemption or partial
exemption from provisions of the Plann'-ng Act to permit the
separation of lots as follows:
Applicat`_or:s "E"53-73 to "E1163-73 for. 11 lots with an
area of 100' x approx• 15,000 sq. ft.
A'7 "3"64-73 for 1 lot with an area of 241.71'
x 150' cait': . __ea of aprox. 36,256.50 sq. ft.
The Secretary -Treasurer reported that 15 notices of the said
hearing had been mailed in accordance with Item 5 0£ the Rules
of Procedure. The said h%-aring notices, in this case, contained
the entire information regariing the 12 lots concerned.
Mr. P,iaurice Pedwell, husband of applicant Olive Marie Pedwell
acccr;ipanied by solicitor Kay Lvicett Q.C., appeared in support
of thesaapplications. Mr. Charl:-s Reid appeared as an observer.
No other person appeared in support of or in opposition to these
applications.
The Secretary -Treasurer presented the followin;: material
to the meeting:
1. Correspondence dated august 31, 1473, signed
K. Lvicett " - `,;e have filed with you twelve
(12) applications on behalf of our client, Olive
Marie Pedwell, for severance of 12 lots owned by
her in Lot 300 Concession 2, of the Township of
Clarke. These applicat_ons were made for the pur-
pose of obtaining your consent so as to satisfy
requisitions of a Solicitor who is acting for the
proposed purchaser of these lots. The lands in
question were severed several yaars ago by conveyance,
however, by reason of the confusion with regard to
the effect of the Flanning Act and the various
Provisions relating to that statute this requisition
has been made. "
Page 6
Meeting Committee or I.djustment, September 11, 1973:
2. Plan of Survey, Flan 1OR 4175, dated 5th July,
1973, prepared by 1,,errill C. Bresrn Limited,
Land Survey.inc, and '-ngineering, 121 '<ueen Street,
Bowmanville, Cntaric, file 167060-C9 date June 20,197';
Er. 1.7aurice Fe1*11, under oath, on the Flan of
Survey the lots he wished to sever and stated th-t he had approval
from Council regard -4n building :.ermits if the ro=d was brought
up tc standard. Totten, Sims & Hubiki are currently making a
detailed Elan regarding. construction of the roan. In vieu of the
fact that we are now on the verge of Regional Government, i.r. Dudar's
solicitor requested Committee of Adjustment consent on the deeds to
be given at this time. 1'•'!r. Pcdwell further stated th=at he had
acce.-ted an Offer of ='urchase from Mr. Dudar, a Building Contractor.
e:. Kay Lycett, .C., made some comments on how the lots came into
existence.
Int - This application is really a series of 12
app1.'...__ _:.- lving 24 lots. In his oral present�ti.on to the
Committee, 1<ay Lycett 2.C., of Orrno, Cntario, agent for the
applicant stated th.,t the consent of the Committee of .adjustment
is being sought to clarify a cloud on title and that the immediate
reason for the applications was to satisfy a re_uisition raised
by a proposed purchaser's solicitor.
It should be noted for the record that the Committee deal
with applications in chronological sequence as per the filing
date and, therefore, these al.plicetions were dealt with as one
of the last applications of the evening, net being reached until
after midnight. Under such circumstances these ap1:licaL-icns were
not extensively argued. Upon reviewing the presentation at their
deliberations on the following evening (September 11, 1.973) at
their adjourned session, the Committee realized that they did not
have a complete history of the chronology of the stens t -,ken by
the appl`_cant to create these sever,:=nc-s or a r.,recise definition
of the alleged cloud on title.
This Committee is prepared to give the fullest type of
consideration to this submission if the point at issue concerns
only an incidental cloud on title. It is quite apparent that an
application to the Committee of Adjustment is the quickest and
mc --t inex.ensive way of removing any cloud or. title. Cn the other
hand if the matter involved is a su'stantial point of Law, the
Committee would not consider creating 2,^ new lots which would
usurp the planning function.
The Secretary was, therefore, instructed to request W.K.
Lycctt, '.:.C., to submit a comi;lete summary of thr= relevant facts
from the time that the farm was an unsubdivided farm until. the
present time with particular reference to dates and specific steps
taken to sever these lots. lith these facts before them the
Committee will reach a conclusion and give specific reasons.
applications adjourned to enable the Committee to inspect the
properties and to await receipt of the requested material.
Ci .SSIFICi-.TICN 10 "A"
Page 7
Meeting Committee of Adjustment, September 11, 1973:
F.pplic�tion File "31134-73 dilliam Skelding, Owner,
Neitonville, Cnt&rio,
for part of Lot 8, Con 2,
Township of Clarke,
Submission No. "3""34-73-34
As business arising from the minutes of September 10, 1973
meeting, Mrs. gym. Skelding returned to the adjourned meeting
on Tuesday,.September, 11, 1973 and this application w:.s brought
forward for further consideration.. Nr. Horace R. Best, Secretary
of the Planning Board also appe_=red.
Mrs. -,;Jm. Skelding, under oath, confi._med that she wished
to separate a "Commercial Lot".
Following a discussion and review of the minutes ofthe
meeting September 10, 19732 the Committee advised Mrs. Skelding
that in the event the Committee approved of a severance it would
be necessary for the owner of the severed land to apply for a
Minor Variance in respect to the area and the frontage before a
building permit could be issued.
The application was then adjourned to enable the Committee
to inspect the property and this m=tter will be brought forward
at the October 9, 1973 meeting.
CLASSIFICATIUN HC
Application "3"49-73 Richard D. Morton, Owner,
R.R. Q, Kendal, Cntario,
for part of Lot 19, Con 6,
Township of Clarice,
Submission No. "3"49-73-49
As a matter of record Er.Richard D. Morton, was unable to
attend the meeting on September 10, 1973 and this application
was brought forward for consideration at the September 11, 1973
meeting.
Application was made for exemption or partial exemption from
provisions of the Planning Act to permit the separation of
approximately 67 acres from the applicant's land.
Mr,Richard D. Norton, applicant, appeared in support of
this application. No other person appeared in support of, or
in opposition to this application.
The Secret_ry-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. A pen sketch or the proposed se=verance.
Mr.Richard D. Morton was sworn and he stated the following
facts:
1. He wishes to sever approximately 67 acres of land
which is 10`0 or less non -arable bush; quite remote
from the rest of his farm and inaccessable during
the Spring, except o7er a public road;
2. In regard to the remaining lands owned by him,
he was not counting his home farm abutting
these lands which moans that he is retaining a
total of approximately 243 acres and not 48 acres
as shown on the pen sketch;
3. This particular piece of proi:.erty was bought
11 years acro; but the main family farm has been. . . . .
in the family for 2 generations;
Page 8
Meeting Committee of Adjustment, September 11, 1973:
4. Mr. Horton also owns other lands in the area,
the total holding being apyroximately 558 acres;
5. The land to be severed is regular in shape
being nearly square and lies entirely within
the easterly half of Lot 19;
The Committee perused the pen sketch and Mr. Morten was permitted
to amend the area remaining from 48 acres to 243 acres in
accordance with his explanation;
Application adjourned to enable the Committee to inspect the
property.
CLAS.Sl_ IC:_T: -;N 10
Application "L"46-73 William J. Stapleton, Owner,
R.R. 42, Newcastle, Ontario,
for part of Lot 12, Con 2,
Township of Clarke,
Submission No. "3"46-73-46
As a matter of record Hr. Wm. J. Stapleton did not attend
the meeting held on September 10, 1973. This application w.s
brought fcrw rd for consideration at the September 11, 1973
meeting.
Application was made for exemption or partial exemption from
provisions of the Planning Act to permit the separation of
approximately 49% acres from the applicant's land.
Charles Ewert B.A. LL.B., an articled Student in the Law
Office of E.H. Lovekin B.A. LL.B., Newcastle, Ontario, appeared
on behalf of the applicant in support of this appli.c-tion. No
other person appeared in sup,ort of, or in op__os;tioc to this
applicaticr..
E.R. Lovekin B.A. LL.B., Chairman, disqualified himself from
the hearing of this application, having previous knowledge of
this matter and Mr. K. Schoenmaker, senior member, conducted the
hearing on this case.
The Secretary -Treasurer reported that 17 notices of the said
hearing had been mailed in accordance with Item 5 of the Rules of
Procedure.
The Secret=ry-Treasurer presented the following material
to the meeting:
1. Direction, authorizing Lr. Charles Ewert "to act
as my agent for me and on my behalf before your
Committee" dated 10th day of September, 1973
Md.) "Willirm James Stapleton"
2. Certified Plan of Survey, prepared by M.D. Brown
CLS., 30wmanvillp, Ontario, dated Larch S, 1.971,
471020; Plan IOR 473, registered I•iarch 18, 1971;
Charles Ewert B.A. LL.B., under oath, stated the following
facts:
1. Hr. Stapleton wishes to sever 49.5 acres and
retain 45 acres;
2. Some confusion arises from the fact that 42
Highway in this area has been changed and the
former right-of-way of the old A Highway was
deeded by Pr. Stapleton in exchange for a new
right -of -Sway;
Page 9
Meeting Committee of d justment, September 11., 1973:
2. Mr. :tcpleton has owned and worked this farm for
approximately 50 years;
3. The property now being severed was previously
completely separated by the former 52 Highway.
This older right-of-way is now abandoned and
deeded to Mr. Stapleton;
4. A severance is therefore now recuired, Mr. 1
Stapleton h,=s re,ched the age of 80 years and -J
is unable to carry on any active farming
operation.
5. This ap_`licntl on clavrly comes under A pendia 1
(j) "Formes. Retain!ng a lot". Mr. Stzoleton
is retai inj the lot on which his dwe h ing house
and outbuildings are erected;
6. The arn& b-in7 severed is both uniform in
dimension cnC adequate in size.
Application adjourned to enable the Committee to inspect the
property.
CL JAI 'IC=.TI�id 20 ";"
G_ NETAL BUSILESs
The Secretary-Treesurer presented the following corres.;onder.ce
to the meeting:
1. Kay Lycett ,.C., aarrister fx Sclicitor, Crone, ont'r10
dated August 2, 1973: �
Re: Stacey Application
"Some time ago, you will remember I made a .representation
with respect to the Stacey appl.icntion indicating
that the deed which was consented to was improper
since it was made from one part,- to the same party.
I believe your Committee agreed th,t if a correction
deed were submitted at this time within the two
year period subsequent to the date of the decision
the same could be reconsented to."
(sgd)"W. Kay Lycett«
per, "FB',
The Committer were of the opinion that this matter could be dealt
with provided that Mr. Lycett submits an Affidavit setting
out the nature of the error made and that the correcting deed
contains recitals explai: ing that it is a correcting deed.
2. Correspondence from Cntar.io Municipal '-oar::, 123 idward
Street, Toronto 101, dated September 4, 19730"K.C.
Andrew _'ecretary, advising Re: Appeal by the Clarke
Township i-lanning from a decision or the Committee of
Adjus!ment Township of Clarke, .Submission A 21-72-17
Clarke Fish and Conservation Club - "I am directed
to advise the continuation of the hearing by the Board
on the above matter scheduled for 10 A.A. on .onday,
October 1, 1973 hos been cancelled. A new appointment
for such continuation will be made at the earliest
opportunity and you will be duly notified when the date
has been determined.''
This mwet_ng adjourned at 11:00 p.m
Secretary -Treasurer
Chairmen �---