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HomeMy WebLinkAbout11/29/1971MEETING of the COMMITTEE OF ADJUSTMENT Monday, November 29, 1971 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 held on November 1, 1971 were approved on motion by K. Schoenmaker and seconded by E.F.R. Osborne. Carried. Application File No. 342-71 Mr. Gerald A. Wanless, Owner, R.R. #1 Orono, Ontario, (84 Chestnut Park Road,) Toronto, Ontario, for part of Lot 19, Con 5, Township of Clarke, Submission No. "B"342-71-255 As business arising from minutes of past meetings, this application was brought forward for further consideration. Mr. M.D. Brown, OLS., Bolamanville, Ontario, appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr.,M.D. Brown, on behalf of the applicant submitted the following material to the meeting: 1. A certified Plan of Survey, prepared by M.D. Brown OLS, 1106, dated November 24, 1971, File 71202; The Committee 1. Perused the Plan of Survey submitted; 2. Referred to the minutes of meetings September 15, October 13, 1971; 3. Recalled their inspection of the property on October 12, 1971 and considered the following facts: 1. The buildings had become surplus to the owner's requirements because of the merger of small uneconomical farms into one large viable farming unit; 2. The severance follows a natural line of division and the granting of this application would not place any additional burden on the Municipality by way of additional services or for any other purpose. Application granted on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. -/ CLASSIFICATION 10 "A" . . 0 . . . . 0 Page 2 Meeting Committee of Adjustment, November 29, 1971: Application File No. 336-71 A. Sidney Hallowell, Owner, R.R. #1, Orono, Ontario, B.M. Kortekaas, Agent, 9 George St. Brooklin, Ontario, for part of Lot 13, Con. 4, Township of Clarke, Submission No. "B"336-71-256 As business arising from minutes of past meetings, this application was brought forward for further consideration. Mr. M.D. Brown, OLS., Bowmanville,'Oritario, appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr. M.D. Brown, on behalf of the applicant submitted the following material to the meeting:. 1. A certified Plan of Survey, prepared by M.D. Brown, OLS., dated November 29, 1971, File 71206; The Committee - 1. Perused the Plan of Survey submitted; 2. Referred to the minutes of meetings September 15 and October 13, 1971; 3. Recalled their inspection of the property on October 12, 1971; and following further discussion were of the opinion that the applicant had complied with,the conditions imposed as evidenced in former minutes. Application granted on motion by K. Schoenmaker and seconded by E.F.R. Osborne. Carried. CLASSIFICATION 10 "A" Application File No. 351-71 Wm. S. Brandt, Owner, Leskard, Ontario, for part of Lots 31 & 32 Con 7, Township of Clarke, Submission No.^13"35-7-6y4 Application was made for exemption or partial exemption from provisions of sub -division control by-law 1592 with amendments thereto to permit reduction from requirements of setback from a Creek and reduction from requirements of setback from the centre of the road allowance. The Secretary reported that 15 notices of the said hearing had been mailed in accordance with Item 5 of The Rules of Procedure. Mr. and Mrs. Wm. S. Brandt, applicants, and Mr. and Mrs. M.A. Pat Yeo, proposed purchasers, 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. Copy of correspondence dated November 5, 19711. addressed to Mr. S.B. White, Ganaraska Region Conservation Authority, Oshawa, Ontario, signed "Horace R. Best" Building Inspector. This letter . . • • outlined briefly the facts pertaining to this application. 2. A pencil memo, dated Nov 29, 19719 4:30 P.M. from "H.R. Best" as follows: "Re: Brandt Application and set back from Wilmot Creek and our letter to Mr. White under date of Nov 5 1971. As of even date a written reply has not been received from Mr. White. Page 3 Meeting Committee of Adjustment, November 29,'1971. A phone call td his office indicated the following information "The Ganaraska Region Conservation Authority would have no objections to a dwelling constructed no closer than 701, measured from the bank of the stream, providing the flood plain of this creek is contained within the existing banks." "Mr. White will inspect the site, possibly today, and if his opinion should change as a result of his on site inspection, he will notify us at once. He will confirm this report by letter at a later date" signed "H.R.B. This memo was addressed to the Committee of Adjustment, for their information, when considering the hearing of the application. 2. Photostat copy of part of the Plan of Survey, prepared by M.D. Brown OLS., 1106, dated September 157 1971 on which is shown the approximate position on the'lot,of the proposed dwelling; 3. Photostat copy of referenced Plan of Survey, outlining in greater detail the position of the tile bed, septic tank and dwelling, also the setback line from the bank of the stream as required by sec. 3.8 of amending by-law 1653 and the variance of approximately 73' from the stream which would allow a dwelling to be built on this lot; 4. Lot Inspection report of approval, signed by Inspector "R. IuiacNaull" dated November 3, 1971, outlining a suggested layout for the septic tank; tile bed; proposed dwelling and well; Mr. Wm. S. Brandt under oath, stated that he has lived on the property since he purchased same approximately 16 years ago and there has never been any flooding from the stream during this time. The bank of the stream was sufficiently high to prevent this. Mr. Brandt was shown a`copy of the health report and he indicated that he agreed with the position of the buildings etc. in relation to the stream, tile bed and well. Mr. Brandt was then shown the pencil memo from Mr. Best of the telephone conversation with The Ganaraska Region Conservation Authority and upon noting that there would be"no objection to s dwelling constructed no closer than 701, from the bank of the stream" Mr. Brandt requested permission to amend the application accordingly from the requested 75' to 701. This request was granted and the amendment witnessed by the Committee. Mr. M.A. Pat Yeo, under oath, stated that all the buildings would be contained withlothe 70' limit as stated. ,. This application was adjourned to enable the Committee to inspect the property. CLASSIFICATION fRR" 10 "A" As a matter of record Mr. Lovekin, 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. 0 Page 4 Meeting Committee of Adjustment, November 29, 1971:. Application File 353-11 Application was made f provisions of sub -division thereto to allow permission nearer than 40 feet from ce running southerly across re Merrill D. Brown OLS., Agent, Frank`Sutton, Owner, R.R. #2 Oshawa Ontario, for part of Lot 30; Con 4, Township of Clarke, Submission No. "A"353-71-63 or exemption or partial exemption from control by-law 1592 with amendments to build single family dwelling not ntre line of diverted water course ar of the subject lands. The Secretary reported that 21 notices of the said hearing had been mailed in accordance with Item 5 of The Rules of Procedure. Mr. Merrill D. Brown OLS., as authorized agent for the applicant appeared in support of this application. Mr. Rowland Spencer, 137 King St. E. Bowmanville, Ontario, 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. A Direction, dated 29th November, 1971, signed "Fra4 E. Sutton" authorizing Merrill D. Brown of Bowmanville, Ontario, to act as agent before the Committee; 2. A Plan,of Survey, prepared by M.D.'Brown OLS., dated July 23, 1971, Revisions Aug 24, 19717 dated Nov. 9, 1971, file 71098, showingthe subject land outlined in "red" and outlining the position of the proposed dwelling on the lot; 3. A photostat copy of memo prepared by M.D. Brown _ Limited under date of July 23, 1971, which had been referred to Mr. Horace Best, Building Inspector. The S@cretary was instructed to incorporate this memorandum in the minutes of this meeting for future reference. It should be noted, however, that the content of the memorandum had been orally discussed. "July 239 1971 - Report_re: Drainage South-West corner of Lot �0, Concession 4, Township of Clarke, Refer to Plan 71098 dated July 23, 1971- I have examined the watercourse that leads across'the South-West corner of the former George Laingfarm. The drainage run starts approximately 400 'feet North of the Fourth Line in cultivated' farm land. It is apparent that this is an intermittent water course, probably conveying small volumes of surface water only when the ground is frozen. The watershed is very small, probably no more than 5 acres in area. The soil `type is Newcastle Loam which is an excellent agricultural soil exhibiting good drainage a`nd porosity. If this area had been tiled by sub -surface drains, it is doubtful that any surface water would be present. About 19659 building lots 100 feet by 156 feet were laid off on the existing roads. Since then the area within the building lots has7 not been cultivated agriculturally. Apparently fill bias been placed in the watercourse in an attempt to fill in the low area in the corner lot. The water course leads to a 18 inch diameter corrugated metal culvert under the Fourth Line. bt is my opinion that the largest quantity of runoff water to this culvert is collected by the North ditch of the Fourth Line." Z- Page 5 Meeting Committee of "Adjustment, November 29, 1971: "This water course, being so near the source of any possible runoff, cannot be considered to have any flood plain. No evidence of -flooding is apparent. Because of the intermittent nature of this water course and the low vdlumes of water collected, it could easily be diverted to accomodate any building. As you will note from the plan, the watershed is very flat and hence a diversion ditch as shown should easily accomodate any runoff without being any appreciable depth. It is a well accepted fact in drainage law that any person may divert any watercourse on his own property as long as the location of the source and outlet to the adjacent properties is not changed to the detriment of adjacent owners. For the reasons stated above, it is my opinion that the proposed diversion ditch will satisfy the requirements of Section 3.8 of by-law 1643 for the Township of Clarke. Respectfully Submitted "M.D. Brown" Ontario -Land Surveyor." 4. A commitment signed by "Lloyd Perry", 645 Gorevale Cres. Oshawa, Ontario, Witness by "Rowland Spencer" as. follows: "I Lloyd Perry purchaser of part of Lot 30 Concession #4 and known as #6517 Sutton property make commitment to the Township of Clark that the ditch now on the said property will be sodded when the front lawn is done. This commitment is also binding on my administrator or assigns. Signed this 29th day of November, 1971". Mr. Brown, under oath, stated that he had re-examined this property as of the date of the hearing (November -29, 1971). There is no water in it and the ditch is constructed to the proper grade so any water during run-off will be properly accommodated. In his opinion the only time that this ditch or water diversion will be functional would be during spring run-off or following an intense and exceptional heavy rainfall. Because of the. climatic conditions the sodding of the ditch as recently re- constructed could not be accomplished at this time. The Committee perused the Plan of Survey and referred to all the material presented with this application. Following further discussion this application was granted on motion by K. Schoenmaker and seconded by E.F.R. Osborne, subject to the -following conditions: 1. The owner shall see that this ditch is properly sodded on or before the end of the month of June, 1972 and the Committee hereby request Mr. Horace R. Best, Building Inspector, to ensure that- this work is properly completed by that date; 2. That the conditions stated in the letter from the Ganaraska- Region Conservation Authority dated August 18, 1971, regarding a former application (ref.A+346-71-60) shall be met -""in order to permit development on these lots, the ditch could be diverted as shown on the plan. However, we would recommend that the banks of the ditch be no steeper than 2.1 (2 ft. horizontal to 1 ft, vertical) and sodded throughout its length as soon as grading of the ditch has been completed (sgd.)'W.B. White" Resources Manager 3. TAKE WARNING that this decision, for a minor variance of the Clarke Township Committee of Adjustment IS NOT FINAL AND BINDING until the time for appeal by any interested party has lapsed under the terms of The Planning Act of the Province of Ontario. THIS TIME FOR APPEAL is 14 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 6 Meeting Committee of Adjustment, November 29, 1971: 4. This decision should not be registered on"title until the said time for appeal has lapsed when the applicant shall then register o{i title by way of Deposit a copy of the Form of Consent signed by the concurring members, and shall forthwith there- after forward to the Secretary of the Committee a duplicate Certificate of Deposit or a Notarial copy thereof; 5. AND FURTHER that upon receipt by the Secretary of the aforesaid document, the appropriate administrative officials of the Township of Clarke will be authorized to issue any and all.necessary permits or to take any steps necessary to implement this decision. CARRIED . CLASSIFICATION 10 "A" sec. 3.8 Application File No. 352-71 Merrill D.,Brown OLS., Agent, Bowmanville, Ontario, Dennis Mackey, Owner, 348 French St. Oshawa, Ontario, for part of tot 30, Con 41 Township of Clarke, Submission No. 11A"352-71.62 Application was made for exemption or partial exemption from provisions of sub -division control by-law 1592 with amendments thereto to allow reduction of north side -yard from 25 feet to 20 feet and permission to erect proposed dwelling within 25 feet of ditch diversion as illustrated on enclosed plans. The Secretary reported that 21 notices of the said hearing had been mailedin accordance --with Item 5 of The Rules of Procedure. . Mr. Dennis Mackey, the applicant, accompanied by his agent Mr. Merrill P. Brown OLS., appeared in support of this application. Mr. Rowland Spencer, 137 King St. E. Bowmanville, Ontario, also appeared. No other person appeared in support of, or in opposition to this application. The Secretary -Treasurer presented the following material to the meet9ngr 1. Correspondence dated November 24, 19719 signed by "D. Mackey" informing the Committee that "the two parcels of land will be joined as one, the transaction is being done by our lawyers Greer & Pollitt. They will submit a letter to Council at the meeting. Also the grade of 0.7% will be complied with and completed on Saturday November the 27, 1971." 2. A Direction dated 24th November 1971, signed "D. Mackey" authorizing Merrill D. Brown of Bowmanville, Ontario to act as agent before the Committee; 3. A commitment signed by "Dennis Mackey""Owner". Witness by"Rowland Spencer" "I Dennis Mackey Owner of part of Lot 30 Concession 04 and known as #6518 and #6519 make commitment to the Town- ship of Clark that the ditch now on the said property will be sodded when the front lawn is done. This commitment is also binding on my administrator or assigns. Signed this 29th day of November 1971." Page 7 Meeting Committee of Adjustment „ November 29, 1971:. 5. Correspondence from Messrs. Greer & Pollit' Barristers & Solicitors, 70 Bond St. West, Oshawa, Ontario, dated November 25, 1971, signed "George T. Pollitt" "To Whom It May Concern: I act•on behalf of Mr. and Mrs. Dennis Mackey who presently own property located in the Township of Clarke, being part of Lot 30, Concession 4, presently subdivided into lots 6518 and 6519 which they own separately in each other's name and I have been instructed to prepare a Deed where- by the said lands become one. lot and are registered in the name of the husband and the wife joinly, which I am presently doing." 6. A photostat copy of memo prepared by M.D. Brown Limited under date of July 23,•1971, which had been referred to Mr. Horace Best, Building —Inspector.. The Secretary was sfistrwcted to in ,corporate this memorandum in the minutes of this meeting for future reference. It should be noted, however, that the content of the memorandum had been orally discussed. it I have examined the watercourse that leads across the South-West corner -'of the -former George Laing farm. The drainage run starts approximately 400 feet North of the Fourth Line in cultivated farm land. It is apparent that this is an intermittent water course, probably convey- ing small volumes of surface water only.when the ground is frozen. The watershed is very small, probably no more than 5 acres in area. The soil type is Newcastle Loam which is an excellent agricultural soil exhibiting good drainage and porosity. If this area had been tiled by sub -surface drains, it is doubtful that any surface water would be present. About 1965, building lots 100 feet by 150 feet were laid off on the existing roads. Since then the area within the building lots has not been cultivated agriculturally. Apparently fill has been placed�in the watercourse in an attempt-, to fill in the low area in the corner lot. The water course leads to a 18 inch diameter corrugated metal culvert under the Fourth line. It is my opinion that the largest quantity of runoff water to this culvert is collected by the North ditch of the Fourth line. This water course, being so near the source of any possible runoff, cannot.be considered to have any flood plain. No evidence of flooding is apparent. Because of the intermittent nature of this water course and the low volumes of water collected, it could easily be diverted to accommodate any building. As you will note from the plan, the watershed -is very flat and hence a diversion ditch as shown should easily accommodate any runoff with- out being any appreciable depth. It is a well accepted fact in drainage law that any person may divert any watercourse on his own property as long as the location of the source and outlet to the adjacent properties is not changed to the detriment of adjacent owners. For the reasons stated above, it is my opinion that'the proposed diversion ditch will satisfy the requirements of Section 3.8 of By -Law 1653 for the Township of Clarke. Report re drainage south-west corner of Lot 30, Concession 4 Township of Clarke, Refer to Plan 71098 dated July 23, 1971" signed "M.D. Brown, Ontario Land Surveyor. 7. A Plan of Survey, prepared by M.D. Brown OLS., dated July 23, 1971 Revisions Aug 24, 1971, dated Nov. 9,1971 file 71098; showing the subject land° outlined in "red" and outlining the position of the proposed dwell-. . . . . . ing on the lot; Page 8 Meeting Committee of Adjustment„ November 29, 1971:.. Mr. Brown, under oath stated that technically there are two separate applications herein; but the facts are identical, in that Mr. Sutton and Mr. Mackey are abutting owners and the same facts regarding the ditch diversion have to be considered. Mr. Brown also stated that he had re-examined this property as of the date of the hearing (November 29, 1971). There is no water in it and -the. ditch is constructed to the proper grade so any water during run-off will be properly accommodated. In his opinion the only time that this ditch or water diversion will be functional would be during spring run-off or following an intense and exceptional heavy rainfall. Because of the climatic conditions the sodding of the ditch as recently re- constructed could not be accomplished at this time. There followed a discussion as to the matter of certainty of the set back and it was decided in -this case, that the Committee would refer to a set back from the centre line of the diversion ditch. The Committee -were of the opinion that if referring to a stream, the set back from the bank of the stream might be more appropriate. Whereupon Mr. Brown requested permission to amend the application to read "within 25 feet of centre line of ditch diversion!'. Permission granted and the amendment was initialled by Mr. Brown and witnessed by the Committee. Mr. Mackey, under oath, stated that the banks of the diversion ditch were of a slope that they could be easily cut with a lawnmower, although some harrowing or grading would have to be done in the spring to level the soil. The Committee noted that Mr. Mackey had given a written undertaking that the sodding would be completed and was asked to repeat this undertaking orally under oath before the Committee at this time. The Committee perused the Plan of Survey and referred to all the material presented with this application. Following further discussion this application was granted on motion by K. Schoenmaker and seconded by E.F.R. Osborne, subject to the following conditions: 1. The owner shall see that this ditch is properly sodded on or before the end of the month of June, 1972 and the Committee hereby request Mr. Horace R. Best, Building Inspector, to ensure that this work is properly completed by that date; 2. That the conditions stated in the letter from the Ganaraska Region Conservation Authority dated August 18, 1971, regarding a former application (ref. "A"347-71-61) shall be met - "in order to permit development on these lots, the ditch could be diverted as shown on the plan. However, we would recommend that the banks of the ditch be no steeper than 2.1 (2 ft. horizontal to 1 ft. vertical) and, sodded throughout its length as soon as grading of the ditch has been completed (sgd.) "W.B. White" Resources Manager; 3. TAKE WARNING that this decision, for a minor variance,of the Clarke Township Committee of Adjustment IS NOT FINAL AND BINDING -until the time for appeal by any interested party has lapsed under the terms -of The Planning Act of the Province of Ontario. THIS TIME FOR APPEAL IS 14 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 9 Meeting Committee of Adjustment, November 29, 1971;, 4. 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 signed by the concurring members, and shall forthwith there- after forward to the Secretary of the Committee a duplicate Certificate of Deposit or a Notarial copy thereof; 5. AND FURTHER that upon receipt by the Secretary of the aforesaid document, the appropriate administrative officials of the Township of Clarke will be authorized to issue any and all necessary permits or to take any steps necessary to implement this decision. CARRIED. CLASSIFICATION 10 "A" sec. 3.8 Application File 354-71 Application File 355-71 Messrs. Swartz and Swartz, Barristers & Solicitors, 26'h King Street East, Oshawa, Ontario, Vernon John Stacey, Newtonville, Ontario, for part of Lot 10, Con 1, Township of Clarke, Submission Submission No. 'A" 3s --7J - Gk Agent, Owner, Application was made for exemption or partial exemption from provisions of the Planning Act so as to permit the separation of 1001x302' being approximately 25,000 square feet from the applicant's land; and Application was made for exemption or partial exemption from provisions ofsub-divisioncontrol by-law 1592 with amend- ments thereto for a minor variance from the,required frontage of 150' in an RR Zone to 1001, on the proposed application for severance. The Secretary reported that 20 notices for each application had been mailed in accordance with Item 5 of The Rules of Procedure. Mr. Vernon John Stacey, the applicant appeared in support of this application. No other person appeared in support of, or in opposition to this application. The Secretary -Treasurer presented the following material to the meeting: 1. Correspondence from Messrs. Swartz & Swartz, Barristers & Solicitors, Oshawa, Ontario, dated November 18, 1971. The Committee noted the contents thereof; 2. Correspondence from Department of Transportation and Communications, Downsview, Ontario, dated November 24, 1971, signed "R. Ainsworth"indicating that due to the fact that the lot in question will not require access to Highway No. 2, they have no objection to the proposed severance; 3. A.Plan of Survey, prepared by Donevan & Fleischmann, Engineers & Surveyors, Oshawa, Ontario, dated October 5, 1960 outlining in "red" the lot in question. . . . 0 . . . . J Page 10 Meeting Committee of Adjustment, November 29, 1971: Mr. Vernon J. Stacey under oath stated as follows: 1. He is a veteran who qualified under the terms of the Veterans' Land Act to buy a property, includ- ing a house in the Hamlet of Newtonville, Ontario. At that time the VLA required the minimum parcel to be 2 acres; 2. The existing dwelling faces on the north side of King's Highway #2 at the West end of the Hamlet of Newtonville; 3. In order to secure 2 acres of land to qualify for a VLA loan, an abutting piece of land was acquired which fronts on the road allowance between concession 1 and 2 to the north east of the property. These two parcels are connected by a narrow tongue of land approximately 15' wide by 95' long. The Committee perused the Plan of Survey on which the buildings and area of these pieces of land are clearly indicated; and were satisfied that this parcel was created under very special circumstances and from a present point of view, it would appear sensible to sever this parcel of land with one lot facing on Highway #2 and one lot facing on the Township road area of Concession 1 and 2. This application was adjourned to enable the Committee to inspect the property. CLASSIFICATION "RR" Application File No. 356-71 H.E. Millson, Owner, Orono, Ontario, Part of Village Lot 127 Block "E", Police Village of Orono, Township of Clarke, Submission Application was made for exemption or partial exemption from provisions of the Planning Act so as to permit the separation of 5' x 46.86' being approximately 234 square feet from the applicant's land. Application File No. 357-71 Edward Graham, Owner, Orono, Ontario,, part of Village Lot 12, Block "E", Police Village of Orono, Township of Clarke, Submission Application was made for exemption or partial exemption from provisions of the Planning Act so as to permit the separation of 7' x 119.09' being approximately 834 square feet from the applicant's land. The Secretary reported that 28 notices for each application had been mailed in accordance with Item 5 of The Rules of Procedure. Mr. H.E. Millson as applicant and as agent for Mr. Edward Graham appeared in support of these applications. No other person appeared in support of, or in opposition to this application. The Secretary -Treasurer presented the following material to the meeting: 1. Signed Direction, by Edward E. Graham, Orono, Ontario, authorizing Mr. H.E. Millson, Orono, Ontario, to act on his behalf before the Committee; ..... ....... Page 11 Meeting Committee of Adjustment November 29, 1971:, 2. A Plan of Survey, for each application, prepared by M.D. Brown OLS., 1106, Bowmanville, Ontario, dated December 30, 1970, numbered 65153 "A", outlining -in "red" the area of lands to be severed; The Committee noted that these are joint applications of Mr. Millson and Mr. Graham, who are abutting owners of two lots fronting on Church St., and Cobbledick St., in the Village of Orono, Ontario, (Millson on Cobbledick St.) and (Graham on Church St.); Mr. Millson under oath stated briefly that the applications are to enable the transfer of two parcels of land - - (a) an area of 234 sq. ft. from H.E. Millson to Edward Graham and (b) an area of 834 sq. ft. from Edward Graham to H.E. Millson the effect of which will be to regularize the shape of the lots and straighten the boundary line. The Committee were of the opinion that this would be advantageous both from a public and private point of view. Applications adjourned to enable the Committee to inspect the properties. CLASSIFICATION "R1" Application File No. 358-71 J. Henry Eikens, Owner, R.R. #2, Orono, Ontario, for part of Lot 35, Concession 5, Township of Clarke, Submission Application was made for exemption or partial exemption from provisions of sub -division control by-law 1592 with amendments thereto to allow a reduction from the required set back of 93' to 59' under Appendix 1 (g). The Secretary reported that 25 notices for this application had been.mailed in accordance with Item 5 of The Rules of Procedure. Mr. J. Henry Eikens, the applicant, appeared in support of this application. No other person appeared in support of, or in opposition to this application. The Secretary -Treasurer presented the following material to the meeting:, (1) Correspondence from Ontario Department of Lands and Forests, Lindsay, Ontario, dated November 22, 1971, signed "A.E. Walroth" District Forester, indicating that there was no objection to Mr. Eikens' application; Mr. Eiken, under oath, stated as follows: 1. He purchased 143 acres during 1963 and h8s lived there ever since; 2. This application is for permission to demolish an existing dairy barn and build a new pack barn for the processing, storing and handling of tobacFo which would result in a more efficient operation. 3. He would prefer the new barn to conform with the setback of his existing dwelling house and tobacco kilns . These buildings are all approximately 59' from the centre of the Township Road; Application adjourned to enable the Committee to . . . . . inspect.the.property. CLASSIFICATION 10"A" Append 1(g) J J Page 12 Meeting Committee of Adjustment November 29, 1971: General -Business - Messrs. E. Konzelmann and W. Paus, R.R. #1 Orono, Ontario, joint registered owners of land in Lot 24, Concession 4, Township of Clarke were granted an interview, in accordance with the Committee's policy of entertaining enquiries which are to be made formal before the Committee. The proposed i/ applicants were advised that their -application had some merit and that the Committee would be prepared to consider a formal application from them for land severance. The Secretary -Treasurer presented the following material to the meeting: 1. Correspondence from L.J. Mikulich, A.M.C.T., Township Clerk re:; Re -appointment of K. Schoenmaker to the Committee of Adjustment, with a photostat copy of by-law 1712 attached thereto; 2. The following correspondence which is hereby reported in these minutes: (a) Northumberland and Durham County Board of Education,; P.O. Box 470, Cobourg, Ontario, signed "Jack Hayden" Assistant Business Administrator, addressed to Mrs. Ellen M. Yeo, Secretary -Treasurer, Committee of Adjustment -" Dear Mrs. Yeo: You probably know by now of the very satisfactory Auction Sale of Crooked Creek and Clarke Union Schools on November 6th. I feel that the successful results are mainly due to the fact that the Committee of Adjustment approved and issued consents etc. to establish single dwellings. May I personally thank .both you and the Committee Members for the co-operation and courtesy extended to this Board and myself. I sincerely hope that the new residents will prove to be a gain for Clarke Township. Yours sincerely" JGH/wmh (dated November 12, 1971) (b) Johnston & Douglas, Barristers, Solicitors, Notaries, 140 Seventh Street, Toronto 510, Ontario, November 17, 1971 The Chairman Committee of Adjutments Township of Clarke Orono, Ontario. Dear Mr. Chairman: I recently had an application before your Committee regarding land belonging to the Duke Estate. I wish to place on record my thanks for the efficient and courteous manner in which your Committee deal with the Public and the Legal Profession. Mrs. Yeo the Secretary of your Committee has extended us co-operation well beyond the call of duty for which I am grateful. Please read this letter into the Minutes of your next meeting so that the Public in your area can more fully appreciate the great service you render. Yours very truly, Johnston and Douglas jac (signed) "Ivan St. Clair Sequeira" Mr. Lovekin, chairman, dictated acknowledgements to this correspondence and following further discussions, consents to Deeds etc., this meeting was adjourned at 11:15 p.m. Secretary -Treasurer n