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HomeMy WebLinkAbout10/10/1973MEETING OF THE COMMITTEE OF ADJUSTMENT ..Wednesday, October 10, 1973 at 7:30 p.m. Present E.R. Lovekin B.A. K. Schoenmaker, E.F.R. Osborne, 'Mrs. Ellen M. Yeo, Council Chamber, Orono, Ontario. LL.B., Chairman, Member, Member, Secretary -Treasurer The meeting of the Committee of Adjustment re -convened on Wednesday, October 10, 1973. The following applications were brought forward and the oral representations on same as submitted at the meeting held on Tuesday, October 9, 1973 were duly reviewed and recorded. Application File "B"31-73-31 Application File "A"18-73-18 Mary Thompson, Owner, R.R. 42, Orono Ontario, for part of Lot 31, Con 7, Township of Clarke, Submission "B"31-73-31 Submission "A"18-73-18 As business arising from former minutes these applications were brought forward for further consideration. Mr. Dennis Thompson as agent, and son of the applicant, appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr, Dennis Thompson was reminded that he was still under oath and he presented the following material to the meeting: 1. Plan of Survey, prepared by Merrill D. Brown Limited, Land Surveying & Engineering, 121 Queen St. Bowmanville, Ontario, dated October 9, 1973, file 73257; The Committee perused the Plan of Survey and Mr. Thompson indicated "part 1" with an area of 2.83 acres to be the lot he wished severed. The location of the "workshop" is also shown on the Plan of Survey. Following further discussion the Committee reviewed the minutes of July 24, 1973; recalled their inspection of the property on July 24, 1973 and made the following decisions: Application File "B"31-73-31 - for severance of 2.83 acres in -area from an existing parcel of land granted on motion by K. Schoenmaker, seconded by E.F.R Osborne. Carried. Application File "A"18-73-18 - permission for the continued use of the existing workshop as a welding and machine shop in its present location granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne, subject to the following conditions: 1.TAKE WARNING that this decision for 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 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; Page 2 Meeting Committee of Adjustment, October 10, 1973: 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 authorised to issue any and all necessary permits or to take any steps necessary to implement this decision. Carried. CLASSIFICATION 10 "A" Append 2. "A""B""G" As a matter of record the Committee noted that the Plan of Survey presented by Mr. Thompson revealed a larger area to be severed than applied for. Permission was also granted to Mr. Thompson to amend his application accordingly and to initial same. Application File "B"34-73 William Skelding, Owner, Newtonville, Ontario, for part of Lot 8, Con 2, Township of Clarke, Submission No. "B"34-73-34 As business arising from the minutes of former meetings, this application was brought forward for further consideration. Mrs. William Skelding, 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 the property on Saturday, September 29, 1973 and spoke to Mrs. Wm. Skelding. Mrs. Skelding pointed out on the ground the lot. to be severed and stated the Surveyor was on the property on Friday September 28, 1973 and she would bring the Plan of Survey to the next. meeting of the Committee to be held on October 9, 1973. The Committee noted that the property concerned is zoned "Highway Commercial". Mrs. Skelding appeared before the Committee and; was reminded that she was still under oath and she presented the following, material to the meeting: 1. A Plan of Survey prepared b; Merrill D. Brown Limited, 121 Queen Street, Bowmanville, Ontario, dated October 6, 1973, file 73281; Mrs. Skelding acknowledged that she was aware that the lands to be severed and separated were under the same "Highway Commercial" zoning and further that she understood that the zoning will not be affected by the application. It was noted the land was in the business section of Newtonville and the zoning was appropriate. The applicant was asked to check the measurements as shown on the application and compare same with the Plan of Survey. Mrs. Skelding stated that the original application requested an area of approximately 18,540 sq. ft. whereas the Plan of Survey revealed the area to be 17,580 sq. ft. Permission was granted to amend the application and initialled accordingly. Page 3 Meeting Committee of Adjustment, October 10, 1973: The Committee reviewed the minutes of meetings of July 24•, and September 10, 1973; recalled their inspection of the property on September 29, 1973; and indicated that if, for technical reasons, a formal minor variance was required they would be prepared to grant such a variance upon application. Following further discussion Application for severance of an area of 17,580 sq. ft. in a "Highway Commercial" zone was granted on motion by E.F.R. Osborne, seconded by K. Schoenmaker. Carried. CLASSIFICATION "H.C." Application File "A"15-73 James Adams, Owner, Box 11, Newtonville, Ontario, Part of Lot 9, Con 1, Township of Clarke, Submission No. "A"15-73-15 As business arising from former minutes this application was brought forward for further consideration. Mr. James Adams, applicant, appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr. Adams appeared before the Committee and was reminded that he was still under oath. He then presented a floor plan of a house that he proposes to build on a "lot of record" as defined in amending by-law 1653, Section 3.15 "Lots having Less Area And/Or Frontage;" and which lot he owns. The Committee recalled that E.R. Lovekin B.A. LL.B., Chairman, had disqualified himself from former hearings on this application, having previous knowledge of this matter and Mr. K. Schoenmaker, senior member, conducted the hearing on this case. Mr. Adams originally applied for the following variances: (a) A variance of 12' from the required 25' on the west side of the proposed house so as to permit a sideyard of 13'; (b) A variance of 13' from the required 25' on the east side of the proposed house so as to permit a sideyard of 121; (c) A variance from the required 110' from the centre line of a Provincial Highway to 58' from the centre of the Highway; At that time, the Committee indicated to Mr. Adams that the variances applied for were of such a magnitude that it might be difficult to reconcile them with the general purpose and intent of the zoning by-law, whereupon he asked to adjourn his application to enable him to prepare an alternate plan. He now proposes to build a house having a smaller floor plan, but having larger sideyards and he wished to amend his application to read from the required 25' to 2016" east and west. By reducing the area of the house in order to allow larger sideya;ds it now becomes nessary to also apply for a variance of 1020sq.ft. from the required floor area of 1200 sq. ft. On motion by Mr. E.F.R. Osborne, seconded by K. Schoenmaker and carried, Mr. Adams was allowed to amend his application. The Committee considered that the application as it was now presented appeared to be in conformity with the general purpose and intent of the 'Zoning by-law. It was also noted that, although, the variance of the set back from the Highway is large, the proposed house will be 8' further back than the houses immediately to the west and east. Page 4 Meeting Committee of Adjustment, Octoberl0, 1973: The Committee reviewed the minutes of meeting June 11,1973; recalled their inspection of the property on June 12, 1973 and following further discussion this application was granted on motion by E.F.R. Osborne, seconded by K. Schoenmaker, subject to the following conditions: 1. TAKE WARNING that this decision for 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 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 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 (f) (g) Application File "B"51-73 CARRIED. Ted Barnoski and Owners, Joe Barnoski, R.R. 41 Newtonville, Ontario, for part of Lot 11-12, Concession 4, Township of Clarke, Submission No. "B"51-73-51 As business arising from the minutes of September 10, 1973 this application was brought forward for further consideration. Mr. Joseph Barnoski, applicant, accompanied by his son Ted Barnoski 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 the property on Saturday, September 29, 1973 and noted the following facts: 1. Mr. R. Beckmann, a neighbour, indicated the location of the land; 2. The land has gone to weeds, also the land would probably be wet and late land in the spring as it was flat and low lying. The Committee recalled that this matter is to be spoken to at the next meeting, October 9, 1973, and this matter was adjourned until this time. Page 5 Meeting Committee of Adjustment, October 10, 1973: Mr. Joseph Barnoski appeared before the Committee and was reminded that he was still under oath, then Mr. Ted Barnoski was sworn. Mr. J. Barnoski presented the following material to the meeting: 1. Deed, dated 16th day of March, 1970, registered 9:30 o'clock A.M. of the 23 day of March A.D. 1970, as number N44665; showing himself and his son to be the owners of the property; 2. Evidence that he was a registered producer of flu - cured tobacco under the regulations governing the production of flu -cured tobacco in Ontario. In the opinion of the Committee such a document establishes Mr. Barnoski's claim that he is a bona fide farmer in the Province of Ontario; namely, a farmer licensed to grow flu - cured tobacco. The Secretary was instructed to make photostat copies of the above mentioned documents and file same. Mr. Barnoski basically wishes to convey to his son 45 acres in this particular field and retain 5 acres. The 45 acres must be retained as the tobacco growing rights are attached to this land, namely, Tobacco Growing Rights 42421. The normal fiscal year for tobacco ends in April when the previous year's crop is normally sold. Mr. Barnoski stated that upon the granting of the severance he would transfer the remaining 45 acres to his son Ted Barnoski forthwith. This is tantamount to a sale, and the remaining " home farm" as it is referred to by Mr. Barnoski would not be transferred until 1974. It was explained to Mr. Barnoski that if a severance was granted on any of his lands owned in Clarke Township,this would constitute a disqualification from any further right to a severance on any land or lands owned by him in Clarke Township on the basis of a "farmer retaining a lot". The Committee reviewed the minutes of meeting September 10, 1973 and recalled their inspection of the property on September 29, 1973 and on the whole of the case presented the Committee were of the opinion that Mr. Barnoski was entitled to a severance on the basis of a "farmer retaining a lot" Application for severance of 5 acres granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne, SUBJECT to the following conditions: 1. The restriction in this case will be that no deed to the proposed 5 acre lot will be approved unless and until a deed to Edward Barnoski of the adjacent 45 acres is produced and in that deed, the following restrictive clause shall be included - SUBJECT to the restriction, limitation and condition that the lands herein described shall not be sold, transferred or conveyed, or any equity therein, with the exception of a mortgage, be sold, transferred or conveyed to any person, firm or corporation other than to a person who is an immediate member of the "Barnoski" family for a period of five (5) years from the date upon which the decision of the Committee of Adjustment of the Township of Clarke to the within conveyance becomes final, such date to be as shown on the copy of the decision of the said Committee which is attached to and forms part of this deed." Page 6 Meeting Committee of Adjustment, October 10, 1973: 2. It shall be a further restriction that these deeds shall be delivered only to the applicant's solicitor on his undertaking to hold same in escrow until they are both registered and the Committee advised by the solicitor directly of the date, time of registration and the registration number of both deeds. CLASSIFICATION 10 "A" Append. 1 (1) "Farmer Retaining a Lot" Applications 11B53-73 to "B"63-73 CARRIED. Olive Marie Pedwell,Owner, R.R. #2, Newcastle, Ontario, W. Kay Lycett Q.C., Agent, Barrister & Solicitor, for part of Lot 30, Can 2, Township of Clarke, Submission Nos. As business arising from minutes of September 10, these applications were brought forward for further discussion. W. Kay Lycett Q.C,, Barrister & Solicitor, agent for the application appeared in support of these applications. No other person appeared in support of, or in opposition to these applications. The Secretary -Treasurer presented the following material to the meeting: 1. Correspondence, dated October 9, 1973, signed "W.K. Lycett". The Secretary was instructed to include the contents of this letter in the minutes: "I acknowledge receipt of your letter of September 179 1973 including excerpts from the minutes of your meeting of September 10 which minutes indicate that your committee has requested further information and material regarding these applications. By instrument registered in the registry office dated October 27, 1965 and registered November 1, 1965 as number N27747, Maurice Harold Pedwell and Olive Marie Pedwell, as grantors, did grant and convey certain parcels of land being the same parcels as are the subject of these applications, to the said Olive Marie Pedwell. By prior instrument number N27744 dated October 22, 1965 and registered November 1, 19659 the same grantors did grant intervening lots to Maurice Harold Pedwell. Subsequently Subdivision Control By -Law of the Corporation of the Township of Clarke dated November 15, 1965 was registered in the same registry office on November 16, 1965, prohibiting further subdivision of land without consent. From 1965 to this date I am advised and verily believe that both Olive Marie Pedwell and Maurice Harold Pedwell have received separate tax bills for each and every lot created by these deeds hereinbefore mentioned. Page 7 Meeting Committee of Adjustment, October 10, 1973: One or some of the lots created by these deeds or purported to be created by the said deeds, have been sold and conveyed. I believe Mr. Pedwell will be in a position to indicate to you which ones, however, the writer of this letter has not had the time or opportunity to look up the particulars of such sale or sales and conveyances. Subsequently in April 1971 prior to the most recent amendment of The Planning Act, a further document of severance was ,prepared, executed and registerod on title to these lots in question. The type of document so prepared was in the nature of a document now often referred to as a "plurality deed" or "severalty deed" wherein more than one grantee or set of grantees were named and wherein the grantors, in this case Maurice Harold Pedwell and Olive Marie Pedwell, disposed of all of the lands in one parcel which they owned or purported to own. For your information I am enclosing the duplicate copy of that deed registered as number 49093 on April 27, 1971. This subsequent deed of severance or plurality was executed for the sole purpose of verifying title in the separate distinct lots which were previously created and subsequently in order to bring the title to the subject lands of this application and the intervening lots back into the names of Mr. and Mrs. Pedwell, two further conveyances were made by two of the grantees in the severalty deed namely Gail Pedwell and Russell Pedwell. Here again we enclose duplicate copies of these subsequent deeds in favour of Olive Marie Pedwell and Maurice Harold Pedwell respectively. With this further information and material I trust that your committee will be able to give further consideration to our client's applications. yours truly, (sgd.)"W.K. Lycett" The Committee perused the copies of deeds presented; noted the contents of the correspondence from Mr. Lycett, and these applications were adjourned for further consideration. CLASSIFICATION 10 "A" Application File "A"27-73 Application File "A"28-73 Home Smith Properties Limited, Owner, 123 Edward Street, Toronto, Ontario, Sam L. Cureatz, B.A. LL.B., Agent, Box 9, Newcastle, Ontario, for part of Lot 12, Plan 693,& Lot 6; Police Village of Orono, Lot 28, Con 5, Township of Clarke, Submission No. "A"27-73-27 Submission No. "A"28-73-28 Two applications were made for exemption or partial exemption from provisions of the sub -division control by-law 1592 as amended by by-law 1653 as follows: Application File "A"27-73 - from required front yard provision of 20' to a front yard of 19.871,Append 1, Sub. Sec. (d); Lot 12, Application rile "A"28-73 - from required front yard provision of 20' to a front yard of 19.50' Append 1, Sub. Sec. (d); Lot 6, Sam L. Cureatz, B.A. LL.B., an articled Student in the Law Office of E.R. Lovekin B.A. LL.B., Newcastle, Ontario, appeared on behalf of the applicant in support of these applications. 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. Page 8 Meeting Committee of Adjustment, October 10, 1973: The Secretary -Treasurer reported that 22 notices of the said hearing had been mailed in accordance with Item S of The Rules of Procedure. Mr. S.L. Cureatz, under oath, presented the following material to the meeting: 1. Re: Application "A"27-73- Lot 12 - Photostat copy of Plan of Survey, prepared by Merrill D. Brown Limited, -J Land Surveying & Engineering, 121 Queen Street, Bowmanville, Ontario, Dated August 2, 1973, File 721-12-B; Mr. Cureatz indicated on the said Plan of Survey a discrepancy of .13'; 2. Re: Appliction "A"28-73- Lot 6 - Photostat copy of Plan of Survey, prepared by Merrill D. Brown Limited, Land Surveying & Engineering, 121 Queen Street, Bowmanville, Ontario, dated August 2, 1973, File 72133-6-B; Mr. Cureatz indicated on the said Plan of Survey a discrepancy of .50'; Mr. Cureatz stated that inadvertence in measurement had caused the errors and the houses had been completed before the errors were found. The Committee perused the Plans of Surveys and concluded that these were very minor errors and there would be no need to inspect the properties. Moved by E.F.R. Osborne, seconded by K. Schoenmaker that these applications for minor variance under section Append. 1, sub. sec. (d) be granted, subject to the following conditions: 1. TAKE WARNING that this decision for 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 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 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. 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 CLASSIFICATION Append 1 sub sec (d) 1tR1" Page 9 Meeting Committee of Adjustment, October 10, 1973: Application "B"65-73 Helen Mary Shaver, Owner, R.R. #1, Gormley, Ontario, Adams,Fraser,Smith & Shaver, Agent, 200 University Ave., Toronto, Ontario, for part of Lot 21, Con 4, Township of Clarke, Submission No. "B"65-73-65 Application was made for exemption or partial exemption from provisions of the Planning Act to permit the separation of approximately 50 acres from the applicant's land. John D. Maloney Esq., Barrister & Solicitor, Adams,Fraser, Smith & Shaver, Toronto, Ontario, on behalf of the applicant appeared in support of this application. Mr. Wm. Moffatt, an abutting owner, accompanied by his son Mr. Alec Moffatt also appeared.No other person appeared in support of, or in opposition to this application. The Secretary -Treasurer reported that 16 hearing 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. Direction dated September 1, 1973, signed "Helen M. Shaver" appoint Adams, Fraser, Smith & Shaver, Toronto, Ontario, "to act as my agent for me and on my behalf before your Committee." 2. Rough sketch indicating the proposed severance; John D. Maloney Esq., appeared before the meeting and stated that he was appearing on behalf of the agent G.R.H. Shaver Esq., Mr. Shaver was hospitalized due to a heart attack. Mr. Maloney then discussed the application with the Committee and presented the following facts: 1. This application is for permission to sever 50 acres from a 100 acre parcel., resulting in two 50 acre parcels; 2. To the best of his knowledge the land will continue to be used for agricultural purposes; Messrs. Wm. and Alec Moffat were then sworn and stated that their concern was that if two 50 acre parcels were created, then there was the possibility that new owners would request permission to sever into two 40 acre parcels. The Committee explained that under Append 1. Sec. 1 (b) the by-law providzs that the minimum lot area in an agricultural zone is 40 acres, therefore, permission would not be given to a severance of 40 acres which would leave a remainder of 10 acres. Mr. Wm. Moffat then stated the the fences were in poor shape and he would like to know what provision is going to be made by a new owner regarding the fence between his property and the land to be severed. This being all the discussion at this time, the application was adjourned to enable the Committee to inspect the property and the Secretary was instructed to inform Messrs. Wm. and Alec Moffat the date of the next meeting. CLASSIFICATION 10 "A" Page 10 Meeting Committee of Adjustment, October 10, 1973: Applica tion "B"68-73 Mrs. Sadie Hamilton Owner, R.R. #2, Orono Ontario, W. Kay Lycett Q.C., Agent, Orono, Ontario, for part of Lot 31, Con 7, Township of Clarke, Submission No. "B"68-73-68 Application was made for exemption or partial exemption from provisions of the Planning Act to permit the separation of approximately 9.43 acres from the applicant's land. The Secretary -Treasurer reported that 16 notices of the said hearing had been mailed in accordance with Item 5 of the Rules of Procedure. Mrs. Sadie Hamilton, applicant, accompanied by her solicitor W. Kay Lycett Q.C., Orono Ontario; Mr. Paul Osinchuk, R.R. 43 Bowmanville, Ontario, proposed purchaser accompanied by his solicitor D.L. Michael, Suite 1400, 372 Bay St. Toronto; 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 W. Kay Lycett Q.C., Barrister & Solicitor, Orono, Ontario, dated September 19,1973, to On behalf of our client Mrs. Sadie Hamilton we enclose herewith application for the severance of land she owns in the Township of Clarke which presently consists of 9.43 acres shown on sketch survey enclosed herewith in duplicate and she has entered into an agreement to sell and convey these lands, however, the property purchaser wishes to have the same severed in half at the point where H.E.P.C. easement divides the property. I do not act for the purchaser and it is to my understanding the purchaser of this severance is to create two separate parcels for building purposes" (sgd.)"W.K. Lycett" 2. Photostat copy of a Plan of Survey, prepared by M.D. Brown, OLS., Bowmanville, Ontario, dated August 24, 19679 #67027, annotated "additions Aug. 10,1968" 3. An Agreement between The Hydro -Electric Power Commission of Ontario and Sadie Hamilton (widow) dated the 12th day of March 1964, Line QC 23 D1, W.O. 603-52008-884-102; The Committee perused the material presented . Mrs. Sadie Hamilton, under oath, stated that this is the last piece of property she owns and she wishes to sell to the proposed purchaser Mr. Paul Osinchuk. Mr. Paul Osinchuk, under oath, confirmed that he wishes to purchase the property. He is a builder by trade and plans to build two houses. He is quite willing to have the property divided on either side -of the existing Hydro Easement. The Chairman explained that this property is in an agricultural zone and the requirement is for a minimum area of 40 acres. Following further discussion this application was adjourned to enable the applicant and the purchaser to consider the feasibility of applying for a re -zoning to a "Rural Residential" zone. CLASSIFICATION 10 "A" Page 11 Meeting Committee of Adjustment, October 10, 1973: Application File "B"69-73 Glendon & Helen Andrews, Owners, R.R. #1, Kendal, Ontario, for part of Lot 15, Con 6, Township of Clarke, Submission No. "B"69-73-69 Application was made for exemption or partial exemption from provisions of the Planning Act to permit the separation of approximately 40 acres from the applicants' land. The Secretary -Treasurer reported that 19 notices of the said hearing had been mailed in accordance with Item 5 of the Rules of Procedure. Mr. and Mrs. Glendon Andrews, applicants, appeared in support of this application. No other person appeared in support of, or in opposition to this application. 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 presented the following material to the meeting: 1. Plan of Survey, prepared by Charles F. Riley, O"S., P.O. Box 375, Newcastle, Ontario dated August 27 , 1973, annotated "Revised Sept. 1973; Mr. and Mrs. Andrews were sworn and stated the following facts: 1. They have owned the property since September 14, 1973; 2. They have 14 head of beef cattle; 3. They propose to sever 40 acres and retain 50 acres containing the house and farm buildings; 4. The land is all good farmland; 5. Mr. Andrews works at the Lasko Steel Co.,Whitby, Ontario and 90+ acres is too much land to handle; 6. The remaining 50 acres will be sufficient for the proposed farming operation he will conduct. Application adjourned to enable the Committee to inspect the property. CLASSIFICATION 10 "A" Application File "B"71 -73 - Lot 16, Concession 4, Township of Clarke. Leslie E. Reid, Owner, Box 122 Centre St., Orono, Ontario, vert Reid, Agent, Box 83, Newtonville, Ont., Submission No. "B"71-73-71 Application was made for exemption or partial exemption from provisions of the Planning Act to permit the separation of approximately 40 acres from the applicant's land. 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. Bert Reid, as agent for the applicant, appeared in support of this application. No other person appeared in support of, or in opposition to this application. . . . . . . . Page 12, Meeting Committee of Adjustment October 10, 1973: Mr. Bert Reid was sworn and indicated on a photostat diagram the 40 acre parcel his father wishes to sever. The Committee requested Mr. Reid to provide a written authorization from his father Leslie Reid appointing him to act on his behalf. Mr. B. Reid stated that his father had owned the farm for approximately 30 years. Application adjourned to enable the Committee to inspect the property. CLASSIFICATION 10 "A" Application File "B"67-73 Harold Ransberry, Owner, R.R. #2, Orono Ontario, for part of Lot24, Con 8, Township of Clarke, Submission No. "B"67-73-67 Application was made for exemption or partial exemption from provision of the Planning Act to permit the separation of approximately 2 acres from the applicant's land. The Secretary -Treasurer reported that 19 notices of the said hearing had been mailed in accordance with Item 5 of the Rules of Procedure. Mr. Harold Ransberry, applicant, accompanied by his son Donald Ransberry, appeared in support of this application. No other person appeared in support of, or in opposition to this application. 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 presented the following material to the meeting: 1. A photostat Plan showing "part 1" to be the area of 2.00 acres to be severed; prepared by Charles Riley, Newcastle, Ontario; Messrs. Harold and Donald Ransberry were sworn and stated the following facts: 1. This is a dairy farm of approximately 195 acres; 2. There is a dairy herd of 100 head; the milk quota is approximately 800 lbs.per day; 3. Donald Ransberry is a plumber and assists on the farm and will continue to assist on the farm; 4. The proposed severance is for a 2 acre parcel for Donald Ransberry and his wife to build a house and live on the farm; 5. There is no intention of selling the farm at present; Application adjourned to enable the Committee to inspect the property. CLASSICIATION 10 "A" Append 1 (i) farmer retaining a lot Page 13 Meeting Committee of Adjustment October 10, 1973: Application "A"29-73-29 J.J. Hentig, Owner, 115 Athol Street E., Oshawa, Ontario, Part of Lot 32, Con 7, Township of Clarke, Submission No. "A"29-73-29 Application was made for exemption or partial exemption from provisions of the sub -division control by-law 1592 as amended by by-law 1653 for permission to build a detached garage in an area other than that required by Sec. 3.7 of said by-law. Mr. J.J. Hentig, 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. Plan of proposed detached garage location, prepared by Merrill D. Brown Limited, Bowmanville, Ontario, dated September 20, 1973, File 70137-A-2; Mr. J.J. Hentig, under oath, stated the following facts: 1. Orientation of the house and topography to the rear of the property makes the location of a garage in the rear yard as required by the by-law, impossible; 2. Mr. Hentig indicated,on the Plan,the location of the proposed garage. This is a woodsy area and he would be able to build the garage here, without destroying too much of the natural beauty surrounding the house. Application adjourned to enable the Committee to inspect the property. CLASSIFCATION 10 "A" Sec 3.7 Application File "A"30-73-30 Ted & Maureen Remington, Owners, Box 62, Orono, Ontario, for part of Lot 29, Con 5, Township of Clarke, consisting of lots 4;10;11 and parts of lots 5;12; 9; 6 Submission No. "A"30-73-30 Application was made for exemption or partial exemption from provisions of the sub -division control by-law 1592 as amended by by-law 1653 for permission under sec. 4.1 sec. c, to extend the use to include the sale of antiques in an "R1" zone. Mr. and Mrs. T. Remington, applicants, appeared in support of this application. No other person appeared in support of, or in opposition to this application. The Following material was presented to the meeting: 1. A photostat copy of a Plan outlining in "red" the property concerned and also shown thereon in "red" that part of the house to be used for the studio; Mr. and Mrs. Remington, under oath, stated that they wished to have a picture studio with antiques and the sale of pictures. The Committee noted the minutes of the regular meeting of the Clarke Planning Board as follows, dated 20th September, 1973; "ITEM (3) Application File No. 73-53, Applicant -Maureen Remington, Box 62, Orono, Owners Ted & Maureen Remington Page14, Meeting Committee of Adjustment, October 10, 1973: "Application is made to rezone approximately 2 acres to a zoning that would permit a picture studio with antiques and the sale of pictures. This application was brought forward from the August 16th meeting wherein it had been tabled pending the attendance of the applicant before the Board. Mr. & Mrs. Remington appeared in support of the application. They stated that the intended use of the attached part of the residence (14' x 361) would be limited to a picture studio furnished with antiques. The antiques, most furniture, would be refinished in the building, displayed in the picture studio and offered for sale. There would be no outside storage of goods or material, no large advertising sign and 4,000 square feet of area would be available for customer parking. In view of the fact that Mrs. Remington was applying for one specific use of her property, namely the refinishing and sale of antiques, which use was not permitted in an RI zone, it was suggested that Mrs. Remington apply to the Committee of Adjustment under the provisions of The Planning Act, R.S.O. 1970, Section 42, Sub -section 2, paragraph (a) and/or (b). It was further suggested that permission could be authorized by the Committee in a shorter space of time ( approximately 4 months) as compared to an application for rezoning which would require 6-12 months. Moved by K. Entwisle, seconded by E. Woodyard that this application be tabled for the next regular meeting. Carried. " Mr. and Mrs. Remington stated that in view of the special recommendation of the Planning Board they were now appearing before the Committee of Adjustment. The Committee were of the opinion that favorable consideration of this application would not violate any provision of the local by-laws and particularly section 4.1 "C" of amending by-law 1653 "(c) Nothing in this section shall prevent a person residing in a dwelling from carrying on any domestic or household art, a physician or other medical practitioner, a dentist a lawyer, an insurance agent, an engineer, an architect, an artist, an accountant or travelling sales- man from using as professional offices not more than 25% of the total floor area of the dwelling in which he or she is domiciled, provided that: - (1) there shall be no advertising other than a nonilluminated sign not more than one square foot in area; (2) no person other than those residing in the dwelling is employed therein except in the case of a physician or other medical practitioner and a dentist in which case the staff may be limited to one employee." Mrs. Remington stated that in order to properly exhibit and show the artistic pictures, merchandising primarily by her, it was necessary to put them in a decor which would display them attractively. Frequently,potential customers would ask if they could purchase the items which essentially were being used as "props" in the display of the pictures themselves and she did not wish to carry on this trade, if it would be in violation of the present by-law. Application adjourned to enable the Committee to inspect the property. CLASSIFICATION "R1",. Sec 4.1 (c) 0 . . . . . . . . Page 15 Meeting Committee of Adjustment, October 10, 1973: Application File "B"41-73 C. Vince Austin, Owner, 54 Fishleigh Dr., Scarborough Ontario, Paul Riley, Agent, R.R. #3 Newcastle, Ontario, for part of Lot 24, Broken Front, Township of Clarke, Submission No. "B"41-73-41 As business arising from minutes of September 10, 1973, this application was brought forward for further consideration. Mr. and rrs. Paul Riley, agent for C. Vince Austin Esq., 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 the property on Saturday, September 29, 1973. The following facts were noted: 1. The lot is in an excellent location and the house being built on the property is framed in and sits on a site overlooking Lake Ontario atop a cliff of the proportions of Scarborough Bluffs; 2. The entrance is from the Lakeshore road; 3. Briefly,the applicant obtained a building permit to build a house on a 12 acre lot, the lot being created by the Lakeshore road which severed the lands to the south which lay between the road and the cliff; 4. The applicant is, in effect, requesting the Committee to permit a reduction in the size of his "Rural Residential" lot, which would result in the creation of 2 additional lots by remainder, one on the west side of the property and one on the east side of the proposed severance; 5. There are cottages on small lots to the West of the applicant's land; 6. The applicant's land is, as of now, in the Township of Clarke, but it borders on the Village of '"ewcastle. The next farm to the West of the applicant is in the Village of "ewcastle. The Committee are prepared to take judicial notice of the fact that it has been sold to a developer who has a proposal pending before the Planning Board in Newcastle to create rural residential lots. As of the First of January, 1974, both Municipalities will be in one Municipality, namely, the Town of Newcastle. A general policy regarding Rural Residential lots in the area will, obviously, be made when a Regional Official Plan is considered; 7. The Committee, therefore, are of the opinion that although the applicant's application may have substantial merit as the area may well be one where smaller rural residential lots will be created in the future; this is a matter for a Planning Board of the New Regional Government to decide from a policy viewpoint and not one to be decided on a tenuous or strained interpretation of existing regulations Page 16 Meeting Committee of Adjustment, October 10, 1973: Mr. Paul Riley was reminded that he was still under oath and Mrs. Paul Riley was then sworn. The Committee heard the oral representations of Mr. and Mrs. Paul Riley who pointed out that a gully ran from the cliff line to the Lakeshore Road making a natural line of division for two lots in the 12 acre parcel. The Committee felt that this argument would have merit in a request for re -zoning to a Planning Board, but that it is irrelevant within the framework encompassed by a Committee of Adjustment. The Committee reviewed the minutes of their meeting of September 10, 1973; recalled their inspection of the property and were of the opinion that they could not grant this application. Application refused on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. CLASSIFICATION 10"A" Meeting adjourned at 11:30 p.m. _61:71.1-1 Fc � J• V=� Secretary-Trea' rer MEETING OF THE COMMITTEE OF ADJUSTMENT Monday, October 29, 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 October 9 and October 10, 1973 were approved on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. Application "A"29-73-29 J.J. Hentig, Owner, 115 Athol Street E., Oshawa, Ontario,' Part of Lot 32, Con 7, Township of Clarke, Submission No. "A"29-73-29 As business arising from the minutes of October 10, 1973 this application was brought forward for further consideration. No person appeared in support of, or in opposition to this application. As a matter of record the whole Committee inspected the property at 2:00 p.m. on Thursday, October 25, 1973 and the following facts were noted: 1. The house is set well back from the road on the west side of the main street running north and south through the Hamlet of Leskard, Ontario. . . . . . . .