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HomeMy WebLinkAbout11/05/1973MEETING OF THE COMMITTEE OF ADJUSTMENT Monday, November 5, 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 meeting October 29, 1973 were approved on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. Application "B1168-73 Mrs. Sadie Hamilton, Owner, R.R. 42, Orono, Ontario, W. Kay Lycett Q.C., Agent, Orono, Ontario, for part of Lot 31, Con 79 Township of Clarke, Submission No. "B"68-73-68 As business arising from the minutes of meeting October 10, 1973 this application was brought forward. W. Kay Lycett Q.C., Barrister & Solicitor, as agent for the applicant appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr. Lycett requested that this application be adjourned sine die and the matter was adjourned accordingly. CLASSIFICATION 10 "A" Application File "B"66-73 Wayne Lovering and Mary Lou Lovering, Owners, R.R. #2 Orono, Ontario, Richard H. Donald, Agent, Kelly, Jermyn, Donald & Zuly, 114 King St. E. Oshawa, Ontario, for part of Lot 35, Con 6, Township of Clarke, Submission No. No person appeared in support of, or in opposition to this application. The Committee noted that the application was incomplete, in that it had not been signed on page 5 by the applicant or authorized agent. Despite requests by letter and telephone no one appeared on behalf of the applicaton ,therefore the matter was adjourned "sine die" to be dealt with by a new Committee of Adjustments. CLASSIFICATION 10 "A" . . . . . . . . . . . Page 2 Meeting Committee of Adjustment, November 5, 1973: Application File No.B332-71 W. Kay Lycett Q.C., Agent, Barrister & Solicitor, Orono, Ontario, Estate Boyd Stanley Harris, Myrtle Irene Harris, Executrix, Newtonville, Ontario, for part ofLot 6. Con 2, Township of Clarke, Submission No. "B" As business arising from former minutes this application was brought forward for further consideration. W. Kay Lycett, Q.C., agent for the executrix Myrtle Irene Harris 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. Plan 10R, Plan of Survey, prepared by M.D. Brown OLS., Bowmanville, Ontario, dated October 29, 1973, file 73279; The Committee perused the Plan of Survey and Mr. Lycett confirmed that "part 1, area 1.455 acres" is the lot that his client wishes severed. The Committee reviewed the minutes of the following meetings, pertaining to this application: September 8; October 13;.. November 1;;September 15, 1971; July 23, and September 10, 1973; recalled their inspection of the property on Monday, Septemberl3, 1971 and on motion by E.F.R. Osborne, seconded by K. Schoenmaker the application for a severance of 1.455 acres in an agricultural zone, under section Appendix 1 "j" was granted. CARRIED. CLASSIFICATION 10 "A" Appendix 1 "J" Application File "B"37-73 Harold Edgar James Souch,Owner, R.R.41 Newtonville, Ontario, W. Kay Lycett Q.C., Agent, Barrister & Solicitor, Orono, Ontario, for part of Lot 4, Con 5, Township of Clarke, Submission "B"37-73-37 As business arising from the minutes of September 10, 1973 this application was brought forward for further consideration. W. Kay Lycett Q.C., Barrister & Solicitor, as agent for the 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 the following facts were noted: 1. The applicant was not at home but an abutting owner indicated the location of the land in question; 2. The property to be sold is an arable area, surrounded by woods;: Page 3 Meeting Committee of Adjustment, November 5, 1973: The Committee instructed the Secretary -Treasurer to request a proper Plan of Survey to positively indentify the land and to inform the applicant, that if the matter receives favorable consideration a condition will be required to be inserted in the deed re retention of land for a stated period and in regard to agricultural use only. The matter was then adjourned until a Plan of Survey was submitted. W. Kay Lycett Q.C., appeared on behalf of the applicant at the meeting held on October 29th, 1973 and stated that a Plan of Survey was not available at that time. The following material was presented to the Committee, at this meeting: 1. Haliburton, Kawartha, Pine Ridge District Health Unit, Cobourg, Ontario, signed "R.J. MacNaull" "Henry A. Rood" dated August 29, 1973: 2. Plan 10R, Plan of Survey, prepared by M.D. Brown OLS., 1106, dated November 5, 19737 File 73287. The Committee perused the Plan of Survey and W. Kay Lycett Q.C., confirmed that "part 1" area 11.182 acres is the lot that his client wishes severed. Following further discussion the application for severance of 11.182 was granted by E.F.R. Osborne, seconded by K. Schoenmaker, subject to the following condition:. 1. That the following restrictive clause shall be contained in the deed to the proposed purchaser: "The land shall be used for agricultural purposes only for a period of 5 years from the date of this decision" CLASSIFICATION 10 "A" CARRIED. . . . . . . . . . . . . . Page 4 Meeting Committee of Adjustment November 5, 1973: Application File "A"32-73-32 Home Smith Properties Limited,Owner, 123 Edward St. Toronto Ontario, Sam L. Cureatz, B.A. LL.B., Agent, Box 9, Newcastle, Ontario, for part of Lot 10, Plan 693 Police Village of Orono, Lot 28, Concession 5, Township of Clarke, Submission No. "A"32-73-32 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 a variance in set back front yard requirement from 20' to 19.901. 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 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 reported that 10 notices of the said hearing had been mailed in accordance with Item 5 of the Rules of Procedure. Mr. S.L. Cureatz, under oath, presented the following material to the meeting: 1. A Plan of Survey, prepared by M.D. Brown OLS., Bowmanville, Ontario, dated July 3, 1973, File #72133-10-B; The Committee perused the Plan of Survey and Mr. Cureatz indicated the location of the house on the property. Following further discussion the Committee concluded that this was a very minor error and there would be no need to inspect the property. Moved by E.F.R. Osborne, seconded by K. Schoenmaker that the minor variance applied for be granted, subjsec tD 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. Page 5 Meeting Committee of Adjustment, November 5, 1973: Application File "B"74-73-74 Floyd A. Nicholson, Owner, Orono, Ontario, W. Kay Lycett Q.C., Agent, Barrister & Solicitor, Orono, Ontario, for parts of lot 21 & 219 22, front range Block 13 and parts of Lot 23 to 28 inclusive, including rear along Block 10, Police Village of Orono, Hanning's Plan, Lot 282 Concession 5, Township of Clarke, Submission No. "B"74-73-74 Application was made for exemption or partial exemption from provisions of the Planning Act to permit the separation of approximately 2.78 acres 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 of Procedure. Mr. Floyd A. Nicholson, applicant, accompanied by his agent 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. The following material was presented to the meeting: 1. Correspondence from W. Kay Lycett Q.C., Barrister & Solicitor, Orono, Ontario, dated October 22, 1973. The Committee noted the contents thereof and instructed the Secretary to include the relevant facts pertaining to the application in the minutes of this meeting: "The subject lands in this application comprise that portion thereto within the Village of Orono being part of Lot 28 Concession 5 of the said Township and the lands which he will retain comprise that portion within the Township of Clarke, part of Lot 27 Concession 5 Clarke where his dwell- ing house is situate. I am sure that your Committee will remember that the dwelling house property was the subject of a prior application for severance which was granted but was never utilized within the time limit by way of a preparation and execution of a consented deed of conveyance. The facts and statements in this application will be exactly the same as those in the prior application and we hope that Mr. Brown will be in a position to supply us with the required RD Plan before your next meeting on November 5, 1973. In the meantime we enclose two copies of survey" (sgd."W. K. Lycett") 2. Plan of Survey, prepared by M.D. Brown O"S., Bowmanville Ontario, dated February 8, 1971 file 64075-A The Committee perused the Plan of Survey and concluded that having viewed the site for the prior application referred to by Mr. Lycett in his letter, no inspection would be required. The Committee also noted from the evidence shown on the Plan of Survey that the land had been originally owned under two instruments. Application for severance of 2.78 acres in an "R1" zone granted on motion by E.F.R. Osborne, seconded by K. Schoenmaker. CARRIED . Page 6 Meeting Committee of Adjustment, November 5, 1973: Application File "B"48-73 Wesley A. Starke, and Owners, Mary E. Starke, R.R. 1 Orono Ontario, for part of Lot 14 & 15, Con 3, Township of Clarke, Submission "B"48-73-48 As business arising from former minutes, this application was brought forward for further consideration. Mr. and Mrs. Wesley A. Starke, applicants, appeared in support of this application. No other person appeared in support of, or in opposition to this application. As a matter of record the whole Committee inspected the property on Thursday, October 25, 1973. The property is on the south side'of Concession 4, east of Highway #115. The material submitted is self-explanatory and the physical inspection of the property revealed no special facts necessitating further inspection. The application was adjourned awaiting the submission of a proper Plan of Survey, prepared by an, Ontario Land Surveyor. Mr. and Mrs. W.A. Starke appeared before the Committee at the meeting and were reminded that they were still under oath.' Mr. W.A. Starke presented the following material to the meeting: 1. Plan 1OR Plan of Survey, prepared by Merrill D. Brown Limited, Land Surveying & Engineering, 121 Queen St. Bowmanville, Ontario, dated November 5, 1973, file 73294; The Committee perused the Plan of Survey and Mr. and Mrs. Starke indicated "part 1, area 21.802" tb be the lot they wish to retain. The Committee reviewed the minutes of meetings September 10 and October 9th; recalled their final inspection of the property „ on October 25, 1973 and on motion by K. Schoenmaker, seconded by E.F.R. Osborne the application for severance of 21.802 acres was granted, subject.to the.following condition: 1. The following restrictive clause shall be included in the deed: 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 Starke 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" CARRIED Classification Append 1 "J" Farmer Retaining a Lot Page 7 Meeting Committee of Adjustment, November 5, 1973: Application File "B"36-73 Robert C. Kent, Owner, R.R. 42, Newcastle, Ontario, for part of Lot 32, Con 2, Township of Clarke, Submission "BV36-73-36 As business arising from minutes of former meetings, this application was brought forward for further consideration. Mr. Robert Kent, applicant, appeared in support of this. application. No other person appeared in support of, or in opposition to this application. The Committee were completely satisfied that the applicant conducted a "bona fide family farm" and that he had carried on the farming operation for some time. The application, therefore, has no overtones of a suggested land use change. The applicant, Mr. Kent, testified, and in his oral statements during the Committee's tour on the farm indicated clearly that he intends to transfer the farm to his sons who work with him on the family farm, but he has not as yet finally determined the details of this transfer. This is not surprising as the transfer of valuable farm property to members of a farmer's family presents substantial tax problems which require careful consideration. The applicant was advised that any severance at this time would exhaust any entitlement he would have to his entitlement as a "farmer retaining a lot". Since a 40 acre severance could not be readily created without going too deeply into arable land as opposed to valley or flood plain land, a severance of approximately 25 acres appears to serve the purposes of the applicant, but such a severance is regarded by the Committee as a large "farmer retaining a lot severance" and not as an undersized 40 acre severance which would require a minor variance. The applicant is therefore requested to submit a Plan of Survey showing the lot he desires to retain or convey to an immediate member of his family, such lot must be over 1 acre and presumably will be less than 40 acres. Upon receipt of such a survey, the Committee will render their final decision. As the Committee's life is lim ited it is recommended that the Plan of Survey be submitted as soon as possible. The usual restritive clause will b:rf required in the deed. The Secretary was instructed to send a copy of these minutes to the applicant and the application was adjourned pending receipt of the requested material. CLASSIFICATION 10 "A" Application File "B" 65-73 Helen Mary Shaver, Owner, R.R. 41, Gormley, Ontario, Adams, Fraser,=3mith & Shaver,Agent, 200 University Ave., Toronto, Ontario, for part of Lot 21, Con 4, Township of Clarke, submission No. "B"65-73-65 As business arising from former minutes, this application was brought forward for further consideration. -' John D. Maloney Esq., appeared before the meeting and stated that he was appearing on behalf of the agent G.R.H. Shaver Esq. No other person appeared in support of, or in opposition to this application. Mr. Alex Moffat, on behalf of an abutting owner, his father, Mr. Wm. Moffat, also appeared. AI. Page 8 Meeting Committee of Adjustment November 5, 1973: As a matter of record the whole Committee visited the site and spoke to the neighbour Mr. William Moffat. Mr. Moffat had attended the meeting and objected to the severances on the basis, that in the past, persons buying smaller parcels do not comply with the provision of the Line Fences Act and the Weed Act. The Committee felt that the provisions of the Weed Act stood by themselves and while they agreed that, in many cases the owners of smaller land holdings were more likely to violate the provisions of the Weed Act than experienced agriculturalists, the enforcement of that Act is not part of the Committee's function and no conditions should be imposed in that regard. The Line Fences Act, however, stands on a different footing. Under that Act, abutting owners must maintain their fair share of the boundary fence. When the 100 acres is severed, the abutt- ing owner finds himself with two neighbours instead of one, with resulting confusion as to who should keep up what part or section of the boundary fence. In view of this specific objection, the Committee were of the opinion that as a condition precedent to the granting of a severance in this case, evidence of a proper agreement under the Line Fences Act, or a waiver or objection from the Moffats or a satisfactory undertaking from the applicant,to be incorporated as a condition in the decision. The matter was adjourned to the meeting to be held on Monday November 5, 1973, to be dealt with further at that time. The Committee then discussed their tour of inspection and their views regarding the Line Fences Act with Mr. Maloney, agent, and Mr. Alex Moffat. The matter of the boundary fences, in this case, was thoroughly discussed and it was moved by K. Schoenmaker and seconded by E.F.R. Osborne that consent to the deed will be subject to proof of a satisfactory agreement with regard to the boundary fence of both abutting owners, namely, Mr. William Moffat and Mr. Frederick Yeo, to be filed on title. Carried. Mr. Alex Moffat, on behalf of his father Mr. William Moffat and Mrs. Frederick Yeo, on behalf of her husband, Mr. F. Yeo, verbally indicated their acceptance of such an agreement. The application was adjourned awaiting receipt of a proper Plan of Survey, prepared by an Ontario Land Surveyor, and the receipt of the Form of Agreement as discussed. CLASSIFICATION 10 "A" Application File "B"67-73 Harold Ransberry, Owner, R.R. #2, Orono Ontario, for part of Lot 24, Con 8, Township of Clarke, Submission No. "B"67-73-67 As business arising from former minutes this application was presented for further consideration. Mr. Harold Ransberry, applicant, accompanied by his son, Donald Ransberry, appeared in support of tris application. No other person appeared in support of, or in opposition to this application. Page 9 Meeting Committee of Adjustment November 5, 1973: Messrs. Harold and Donald Ransberry were reminded that they were still under oath and a discussion as to the location of the propo.sed.lot ensued and the location of the lot was pointed out on a photostat Plan of Survey prepared by Charles F. Riley,. P.Eng.OLS., It was pointed out to Mr. Ransberry, before final decision could be made, a suitable Plan of Survey would have to be prepared and submitted. The following matters were then discussed: 1. The proposed severance would exhaust any claim that Mr. Ransberry might have as a "farmer retaining a lot" from the sale of his farm. Mr. Ransberry replied that he was agreeable to this restriction; 2. Mr. Ransberry stated that he had sold some adjacent lands earlier in the year to the east of the existing property which land was severed:by Highway #115-35 and, at that time, he had made no application to retain a lot from the land so sold; 3. It was pointed out to the applicant that he would have to assure himself that a building permit could be obtained and on the evidence of the explanation, it would appear that the road allowance between Concessions 8 & 9 was in use as a public road. 4. The proposed building lot fronts on the road allowance between concessions 8 and 9. This road is open, but is not used extensively due to a weakened condition of a bridge further west; 5. Mr. Ransberry also indicated, verbally, that he would accept a restrictive clause to be contained in the deed. Application adjourned awaiting a proper Plan of Survey, prepared by an Ontario Land Surveyor. CLASSIFICATION 10 "A" Append 1 (1) The Committee having heard all oral representations from the applicants and their agents, and the hour being late, the meeting was adjourned at 11:30 p.m. to be reconvened at 7:00 p.m. on Tuesday, November 6, 1973 at which time the representations as submitted at that time will be recorded. Meeting adjourned at 11:30 p.m. 6.1! c - Secretary-Treasur