HomeMy WebLinkAbout04/24/1972MEETING C? THE
C0110=7 o :;_ausT,.KjT
AonViy, April 21, 1972 at 7:00 p.m.
4ounc l Chamber',
crono, Ontario.
iresant: E.K; Lovekin 5.A. LL.B., Chair.an,
K. Schaanm..kbr, 1'�1ember,
"rs. Ellen i;. Yeo2 Secrctary-Treasurer
The minutes of maetings held on March 27, "pr l 10 and
April 11, 1972, were approved on motion by K. SchooAmaker,
seconued by E.A. Lovekin. Carried.
Chzirman L.R. Lovekin announced that Member L.Y.R. Osborne
was unable to attend this meeting, but as two me-bers constitute
a quoruo, this meeting .could be con_iucted as planned, and
the following applications considered.
Application File No. �1-72 William & Hazel LcCarru", Owners,
1'1c•;tonville 11.0. , Ontario,
part Lot 9, Con 1 L 21
To,;n,ship of Clarke,
Su�.;mission No. "a114_72-4
Application was made for cxeiption or partial exemption
from provisions of 'sub -division control by -12w 1502 as amended by
by-law 1653 tc allow ralie_ from re . uired front:ne of 150' to
122.001; and rolief from appendin 1 (b) ro uir ng a lot K- a. of
1 acre to .9'' acre in an "RR" 'Lone.
The SecraZary reported that 26 notices of the _.aio hearing
had been made 1n accord-'nc ` with lt'nA of the Rales of frocedure.
Or. William EcCarron, applicanL, app =ared in support of
this apPliration. No ocher i-rson 1_psared in su;'yort of, or
An opp_sition to this application.
The Sacr` Lary -Tree: urer pre ;ant :d the followinn n- tarial
to the meeting:
1. Photostat co:y of a Surveyor's Certi_Vicate on
which Lr. ncCarron had outlined the proposed
dwelling; well and driveway.
Th._ Co;m-ei tteo recalled their inspection of the abut Ling lot
on April 5, 1972. The subject 1_ind is located in the Hamlet
of Newtonvillc, in the Township of Clarke. This is a centre
lot which was saver_ed by the CommiLtee on October 13, 1971 under
Submission "3"344-71-251 "Duke Estate".
i�ir. r.c _'ancon, under oath", stnted as fellows:
I. He purchased tho subject land. on Novanbe;: 4, 1971;
2. He ✓:_s unaware th:_L he :could be required to apply
for __ minor variance of frust: ue an" area as
re,uired under amendl-ng by-law 1653 when purchasing
this property;
3. He i; aware of tKa condition regarding the entrance to
the property as handed down by the Committee in their
decision on October 13, 1971, heretofore mentioned,
and h'_ agrews witK 'tLi s c "'ai Lion;
Following further discussion the Committee indicatcW that
they would impo^:e tho same _cndition regarding cntrLncc to the
property a5 in their decision under Submission "Li"344-71-251.
ThL applic,_nt was ashcd if he wished to .. ake any further
submiszion and he _plied "no".
.ppli'c,-t-i.cn for a minor variance from re.,uired 153'front.ge
to 122.00' and a minor variance, from required lot size of 1 acre to
.92 acre in an "RR" zone gran'Lod on motion ;y K. _-choenm,.ker,
seconQed by L.R. Lovekin, subject to L -ho following co"ditions:
Page 2
Meeting Cormnitt.w of 'adjustment, April 24, 1972:
1. Ehtr,;nce to this property shall be from the
road allowance betwo2n Concussio._ 1 and 2
Township of Clarke and should be on the cast
sides Of the lot SO t"at wh On tri-�vcllln. ever
the hill there 1s a clear line or vision, before
comin, to the driveway. (area 0.92 acres, 122.00'
centre lot);
2. T;",.'.. :i:-,. iJ_i-1J �� that this decisio i, for a minor
variance of the Clarke `_Township of C,m; ittee of
Adjustment IS NOW FINAL AND BINDING until the
time for appeal by Any inLore:;Led party has
lapsed under the terms of The Planning act of the
Province of Ontario. TQ!j `�'24;'l ;'0' APPiaL IS 14
DAYS FROM T_h DATE that the minutes of this dccisi_on
have been mailed to the I inist:r of Aluniclpal Affairs
of the Province bf Ontario;
3. This acisiun should not be regia red on title
until the s=;id gime for appeal has lapsed when the
applicant shall than register on title by way of
Deposit a copy of the Form of Consent, and _:hall
forthwith thereafter forward to the Secretary o"' the
Committee a duplicate Certificate of n-a_posit or a
Not-orial co,y thereof;
4. ANJ IFU!',Ti!�R that upon receipt by the jecrut :ry of
the nfures,id documonL, the appropriate administrative
officials of the ToOnship of Clarke will bCauthorined
to issue any and all necessary permits or to take any
steps necessary to implement this decision. C.::=D.
CLASSIFICATION "RR"
Application File No. "A"5-72
'T "6-72
"A"7-72
Dirk Binnekamp, and Owners,
Patricia Jean Binnekamp,
C/o Hichman,Richman,Hark
and Handelman, 342 King St. W.
Oshawa, Ontario,
part of Lot 31, Con 1,
Township of Clarke,
Submission No. "A"5-72-5
Submission No. "A"6-72-6
Submissicn No. "A117-72-7
Three applications were made for exemptioa or partial
exemption from _rovisibns of sub -division control by-law 1592
as amended by by-law 1653 for th_ reduction of the set back
from centre line of Township Road from rc=c_r,,;ired 93' to 63; Appendix
1, Sec. "G" in an agriculture zone.
No person 4ppcared in support of, Or 1n OpposAtion to
these applicaL-i, ns.
The Secretary reported that 13 notices of the said hearing
had been mailed in accordanco with Item 5 of The rules of
Procedure.
The Secretary -Treasurer presented the following material
to the meeting:
1. Correspondence from Richman&ichman,Ber-k L Handelman
Barris Lers a Solicitors Ushawa, unt-rio, with
photostat copy of sketch showing the taree lots
as "B"Dirk Binnekamp; "C" P 1
atricia Jo. -.a _ Et ire^:"a:rip;
"D" Dirk 3innckamp;
The Committee perused the sketch presented, recalled their
decision made On those soma lots under su5mission No's, A303-71-.12;
A304-71-43;1'.305-71-447July 5, 1971 and concluded that these
applications, havi_i been brought forward because it appeared
that previously a non -owner had applied for the minor variance,
and it now appearing that the applications had been pr-Lperly
applied for - minor variances as previously approved are hereby
granted on motion by S.A. Love) i , seconVed b
ubj ct to th,:: --cllo>✓`.n,r condi ons: K. .Sr_-hoenmaker,
Page 3
Meeting Committee of Adjustment, April 24, 1972:
1. TAKE I 'i'ra_sIG that this decision, for minor
variances of thy: Clarke Township Committee of
Adjusuaent IS NOT FINAL AND BINDING until the"
time for apynal by any interested party has
laps<d under the terms of The Planning :-ct of
the Province of Ontvrio. =j TIi 3 YuR APPSAL
15 14 DAYS FAWTi TADATE that the minutes of
this decision have been mailed to the Minister
Of nunic:i_pal Affoi.rs of the Province of Ontario;
2. This decision should not be registered on title
until the seid time for ap§et_1 hos lapsed when the
?pplicant shall then reyis:_er on title by way of
Deposit a c%j of the i'orm of Consent, end shall
forthnith thereafter forward to thn Secretary of
the Com:.;Moe a duplicate Certific-te of Deposit
or a Notarial copy thereof;
3. Aida) FLIRT, -,T_ that upon receipt bl thdecretary of
the a7oresaid document, the appropriate a.;ini r:i.str_itive
officiris of Life Township of Clarke will be authorized
to issue any and all necessary :ermits or to t%ke any
stews necessary to implonent this decision. CA_A!�D.
CLASSIFIC,'`TION 10 "A"AppendiX 1Sec "G"
Application File No. "A" 0-72
Winnifred Wargaret ilcKay, Owner,
R.t;. c-kl :-iewsonville, Ontario,
Pert Lot 10, Con 5,
Tc,:pship of Clarke,
Submission No. 11A118-72
Application was made for exemption or partial exeraption
from provisions of sut-division control by -l. 1592 as amended
by by-law 1653 for permission to use an abnn�oned school house
as an arL- studio for week ends.
h1r;- ;innifred A. ncKay, Aypiicarrt, acccm ;Lnie ? by her
husband i -.r. Jack McKay pp-_,_i,.d in support of this applic-tion.
The following pe7sons also appeared - W. K. Lycett i.C.1 as agent,
Mrs. Sarah LePan, 44 Lonsdale '-load, Toronto 195, Ont., proposed
Purchaser and Ar. NecDonald of Ricard Real sL to Ltd., Bowmanville,
Ont. No other_ person appeared in support of, or in opposition to
this application.
The Secretary reported that 15 nuticgs of the said hearing
had been mailed in accordance with Item 5 of The Rules of
Procedure.
'4r. Jac], idcI:ay, under oath, slated as „follows:
1. The lot on'which the 1 storey frame school
is situate is owned by his wife Winkifrcd
Varg rat- n&Kay by deed dated 14th January, 1970
4N'44074;
2. The schoolhouse is now vacant and h o been
used for nothing since the closing of the school;
3. He underst-nds that the proposed purchaser
Mrs. Sarah Levan is in artist and wishes to
/— purchase the school house for Use as an art
studio for week -ands;
4. He is the owner of approximately 200 acres
on which the schoolhouse i:: situate;
ss. 'Uinnifred i'. McKay, under oath, vanlied the facts
as submitted by her husband, to be true to the best of her
knowledge.
i age a
Pet ng Committee of ,_djust*cent, "pril 2Q, 1972:
I_rc. LoPan, under oath, stated the following Facts:
1. aha is an artist, for a p-r"oximaLn_ly 30 years,
the abandoned schoolhouse would m,._ke an ideal
art studio; this would be used for weak -ends
only,at the present time. At some future time
there is a possibility that she would wish to
change the building from a school house to a
single family dwelling;
2. She is presontly the ro isLcrad owner of
Property in the City of Toronto and the property
under discussion would also be registered in her
name.
Mrs. Lo an presantcd to the Committee a letter received by her
from Mr. a.:. nest, ±V luing Inspector, dated April 12, 1:72.
The Committee instructed the Secretary to m.Lke a photostat copy
of this for the f.le and to include the letter in these minutes.
"Mrs. Sarah Lclan,
44 Lonsdale Rd., Toronto 795, Ontario.
Je&r Madam: ie: Former Starkville school.
Pursuant to L7 request of Kr. :acllon�ld Of Rico.rw Rool Lstate
Ltd., win are pleased to submit the folloL,'. ng comments pertaining
to a change in use of the former Starkville Scnool house.
It is possibla to change the us_ of the ?wilding from a school
]louse to a sinal+_ family dwelling provided that the single family
dwelling so crc=ted ment all provisions of t u rolevant by-law
in effyct as of today.
However we must point out that all of our Aunicipal By -Laws
are subject to amenWents at any tim'o and your applic ation would
be processcd in acc_urConce with the provisions of all relevant
by-laws in effect on the da Le your application is received.
c!e would be pleased to discuss t u foregoing in more detail
at any time it was cunvc 0ient for you to attend this office.
..3B/mb Yours truly, "_ioracs R. Best" Building, Inspector.''
The a,_cretary pre::ented a photostat co, -)y of a Plan of
Surve r, _prepan_d by Donovan 1 Fleischmann, nts, 11 OnWrio 3t.
Oshawa Ontario, dated September 16, 1969, Jou No. 18526. This
Man of Survey outlined Llhe position of the schoolhouse on the
lot and also showed the area of the lot to be 0.55 acres.
This application w:a adjourned to enable the Committee to
inspect the property.
CLnjSI_ 1CnT±. M 10 "n" Sec. 11
Application rile No, "A" 9-72
Harold ':Moffat, Owner,
Box 37, Orono, Ontario,
Robert G. Moffat, f:ge,ht,
Box 37, Orono, Ornt- rio,
Part of Lot 26, Con 5,
To+,r„shiF; of Clar}ce,
Submission No. "A119-72-8
?application was made for exemption or partivi e caption
from provisions of sub -division control by -1-.w 1592 as amended
by by -low 1553 for permission to build a dwelling on a lot
100',:150' in an agricultural zone.
Ar. Aobor.t G. Moffat, father of the applicant, ap_eared
in sup or L- of this applic ation "r. Alex Aof;_at, a neighbour,
also ap cared. No other pe -son appoLred in sup ort of, Cr in
opposition to this application.
Tho Secretary reported that 16 notices of the said hearing
had bewn mailon in accerjnnce with !tam 5 of 'Tha Aules of
Procedure.
Fage 5
Meeting ComwiKen of 4djus'tne'nt, April 24, W72:
Mr. Robert Moffat, under oath, stated as follows:
1. The subject land was a standard sized lot
when surveyed in 1962. The present =mending
by-law 1653 requires a larger lot;
2. The pro,,oseu ;purchaser will build a house
in conformity with all requirements of the
present by-l.w 1653;
The Committee recalled that they had severed this lot by
consent on October 13, 1971, Submission "B"345-71-252. An -
inspection of the property on October 12, 1971 revealed
that tho lots on either side of this particular piece of
property were identical in size and both have single family
dwellings built thereon. The Committeenwcre of the opinion
at that time that this was a clear case of an infilling
operation.
Following further discussion the Committee concluded that
there appeared to be no reason why this application should not
be granted.
Application to build a dwelling house on a lot 100'x150' granted
on motion by K. Schoenmtker, seconded by E.R. Lovekin; subject
to the following conditions:
1. T. K__ .inR :_NG that this decision, for a minor
variance of the Clarke Township Committee of
:d3ustmcn'L Is PIv'P Z1IL'>L ,.1-,o until the
time for appeal by any inte_e:ted party has lapsed
under the Terms of The Flanning Act of the Province
of Ontario. THIS 'i Ili.: 2OR APPEAL IS 14 DAYS IN i
TAS D'WE that the minutes of this decision have
been mailed to the Ninistor of Idunici,:al Affairs
of the Province of Ontario;
2. This decision should not be reisteNed on title
until time said Lima For apl.eol h, s 1. ysed when the
ap_ lic=n L- shall then register on title by way of
Deposit = coyy o:: the Form of Ccnognt, no si ll
forthwith 'thereafter forwa:._d to the SecreLAry of
the Comwittec a duplicate Certiziccte of Deposit
or a Notarial co&y thereof;
3. dJ ."J1:'2 Lh_iL- upon receipt by tha Secrets_ of
the aforesaid document, too aplrcpriahe auminis trative
of_`.ici 13 of the 'Township of Clark" will be authorized
to issue any nnd ill nscossi2y permits or to take any
steps neces- ry to implement this decision. CP.r:::I SD.
10 "All
Appliczt0 n File No. "B"2-72
1. Kay Lycett =<.C., Agent,
Barrister G jclicitor,
Orono, Onto rio,
Mr. ::van ';illi. m Ilewell,Ocm,�r,
R., .r2, CrG1109 C.n, rio,
for 1;art o:" Lot 33, Con 7,
Tota,:gni,: of Clarke,
Submis:>icn No. 11i+112-72-1
.'. l L.0 :. ':..,] S. �in•� from minu' es of past ': seting;;, this application
was I_resonLou For _urtner consi enation.
_rp licanL, : ccumpsni"d by his agent 7. Kay
Lycett _1.C., e a "r. A.D. 'roi n OLS., _tc;, mLnvills, unt.._io,
appsarod in support of Lkis application. No other ycr5o n _p_ Dared
in sup_ ort of or in opposition to this application.
L on 6
Ideet_ng C=Aaictce of _-djustment, "pril W, 1972:
Mr. Brown a.v sworn and ::n behalf of the applicant presontcd
to the Committee a Boundary Survey, U te_d April W, 1972,
File 72050, preprrcd by _.D. Brown OLS.
hr. Brown st.ted ns follows:
1. In his opinion, the division shown on the Plan of
Survey is the best possiblu any of dividing this
property baaring in mind the topography of the
land. The following facts w_rc coAsidered:
1. The location of the existing sewa;re disposal
and septic tent on the northerly arca of 1.40
acres;
2. The side yard renui_remcnts for a frame garage;
3. The area of t -ho dwelling and the road giving
access thereto;
4. Frame sheds existing on the south property
at the rear Lhwoeof shown in dottod outlIAe
(to be delolished);
lir. Brown also sited that he hn_ advisLd the a; licant,
in c.rder to secure a building permit cn the southerly
area of 0.76 acres a minor variance application will be
necessary. Referrin to the northern 1.40 acres, Kr. Crown
commented this was part of the original old mill race which
is now nc lon.,nr in existence and is unsuit::ble for buildings
as being too wet. The southern 0.75 acre is completely and
totc;lly useanle with no waste areas whatsoever.
lir. Lycett was asked by the Committee if he wished to amend
the applic,tion to co-incide Nith the boundary survey presented
by Kr. ;gown. Ar. Lycctt agreed and the applic tion was
amended accordingly.
Hr. Newell, being reminded that he was still under oath,
confirmed that the facts submitted by iir. 3rown ware true to
th_ best of his knowledge and belief.
The Committee perused the Poundary Survcy presented; considered
all th4 facts presented and:
1. Re:;errcd to the minutes of meetings February 22,
and narch 272 1972;
2. Beca.11ed their inspection of the property on
March 16, 1972;
3. Referred to th , cast that Ar. Newell is the
registered owner of the ,property under the terms
and conditions of t -ho stand rd VL.'. :agreement.
t.pplicetion_granted on motion by K. Jchoemmnker, saccaded by
E.H. Lovokin. Carri od.
CLi:SSIFIC:.TIi'N "RIZ11
Application Pile No. "4"4-72
Lrcnislav Logdanovic, Owner,
. A We tomsal.lu, Ontario,
Lot G! Con 75 Township of Clarke,
-ubmissio :to. "i3"4-72
tis hu. lno s arising from minut;: s Of post mLetingw, this appli c: ti^rl
w- ' brou jht r l ,,.,, rd for further c•nria rati n, Mr. R. fog Lncvic
applicant and Hr. Roy Foster ap,_e rut in sups ort of this
ap .clic tion. No other y a s _ c [, :rad in ;upp..rt of, or in
opposition to this application.
Page 7
Meeting CoiniaitLee of :.djusti,�_,nt, '.p.i_il 2�1, 1972:
The Ccmmittec discuSsed Lheir iriapecti:n o: the-roperty
with iir. �ogdanc,vic. .�'Iow C 'i1 `1'L1::r1S a'L the tim,l had prevented
a e :mpl L:_ examination of the gr,_,un:l e Lc.
P r. ;.ogdancvic under oath stied that th', lc-nd he wishes
severed is that part of his farm <<jizich is nct particularly
good for farming with the exception of ahpsoximately 3 acres
which he has in hay. This is the centre 40 acres of the farm
l
and in his opinion has more value as a parcel of 1_.n:: to be
sold. He would retain approximately 150 acres being
ar:prox:imately 110 acres to tha scuth en r!hich is situate the
house and barn; and 40 acres to: the north whici, is swampy and
not particularly good for far'„itrg but has a good bush from
w.riich he can cut logs and wood for fa,,cing etc.
Following further discussion the Secretary was instructed
to reuest the applicant Lo submit a certified Plan of Survey
prepared by an Ont,ric Laid Surveyor and ti.is a:plic Lion was
adjourned awaiting the requested material.
10 "All
j�ppl:lcati.,n File No. 113116-72
..G. Perrin, Cwner,
R.R. f27 Newcastle, Ontario,
for part of LOL 17, Con 3,
Township of Clarice,
Submission No. 7?B"6-72
+ppli,7: ation was made for e :eripti,in or partial exci tion
fr..,m i,)rovio,7una of the Planr>_n:, fact so as tc pe.rniit the
separ-L__:n or al -proximately 70 acres from the- cpplico.nt's land.
I:r. A.G. Perrin, .applicant, appeared if, su ,port of tris
arplication. No other perso;-' appec,red in support of, or in
op_(. sition t this application.
The Secretary reporLed thaL- 24 notices o the said fearing
had been 'nail�iG 1 1 accordance wit'„ ILcm 5 .:.f The Rules of
prccedura.
Mr. ".G. errin, unuer oath, st"ted Lhe following facts:
1. He is the ovrner of approximately 120 acres;
2. He now wishes to sever 50 acres on which to
build a new home and sell the rerna.r,ing 70
acres on which L -here is a dwell:i.nq housA,
presently occupied by himself arrd family, and
th r:_ are al o oL'acr buildings th,reon;
3. This pro, ert_y was purcllc,sed under the Veterans Land ,%ct;
4'- H- has lived on the property a:;lroxim telt' 40
Years, having moved there after the second war
The Secretary -Pre : surer presented -a encil sketch
prepared by !"i, D. Brown CLS., 1 .1 :sue n SL Lovn.ianville, Ont :rio
dated .'.pr:i.l 10, 1972 illus�raLing the proresed severance and
indicaL_ng thereon the na'r;es of _butting owners, the pro cd
pro.;,arty line and "Grahari Creel:". d
This a plication tins adjourned to enable rn
the Cornitt ,e to
insl::ect the properLy.
Page 8
I.leeting Committee r.. ?.djust:.:ent, April 24, 1972:
Application File i1c. "3117-72
W. Kay Lycett _,:.C., Agent,
Barris"Ler & Solicitor,
Orono, Ont -Frio,
Grace Luella handers, Owner,
Kend,:,l, Ontrric.
for part of Lot 5, Con.6,
Townchip of Clarice,
Submiasion PJo. "L117-72
Application wr:� made for axe:H.,tion or parti_ 1 exemn tiorr
from provIsions of the Planning Act so a,_� to permit the
Sapar�la -on or approxima.Loly 1,065,000 sq. ft. in areafrom the
applicant's land.
11r-. Grace L.' sanders, ap_ licant, accompanied by her
hus!:anci Fir. !-iartln i'tanderS and ries agent l'l. Kay Lycett .,'.C.,
appeared in support of this ap,,lic<:tion. No other person
appeared in sup,ort of or in opposition to L -his application.
Th=• Secretary reNorted that 10 notices of the said hearing
had be -n mailed in accordance with item 5 of 'fhe Rules of
Procedure.
Tho Secretrr,'-Treasurer, presented the follot•:inc material
to the .*neeting:
1. Correspondence from W. I_ay Lycett- ':,.C., Barrisr &
Solicitor, Orcno, OnLFrio dated iipril 11, 1972. the
Committee noted the contents thereof and iiistrur.ted
the Secretary to include this in the minutos: -
"On behal Of !ay clicn"L, Gr?ci; Luc-lla i!Finders I am ericlosing
herewith her aN;licatlon for severance of part of Lot 5,
Conces::icn 6 of t'.ie Town�hi_: of Clarke. firs. handers
presently oorns the SouLhlerly 33 acres more or less of
said Lot 5 el]. as tale Soutyi one-half of the adjacent
lot 6 to the 1,7esL. This entire holding comprises a
LOL,'cco farm whicYlfirs, danders with her husband has been
ones=Lin for scmeriod ofears
y , however with the cutback.
In "tab;LCCO grUl:'L'1C ri h' s 1n the recentp.. ast i-ir5. enders
hr',s found it U17eCO::":Gm 1Cc_l to CO,I'Llllu �_ yrOli l!1 .� Lobi°cco on a
small scale andshe has enta_'ed into at this t.me an agree-
ment to sell thL su Jc-ct 1 -ands in this a .,;;licction tocLether
with 10 acres of growing rights attach -ad th,�etc anC it c•;i11
'.e her to continue ren'
c:n:D "Lha balanr_e of her
lands an gro"rillg ri,21!ts to another to;Dacco qrowing f�_,rmcr
in this area. I am (2nclo in herewith a very rough sk.tch
th,-t I he vc prepare"i.
d z3hoing tiie 1 nds in�lues"tion and I
havemarl;. �•.;j {:ilU S,_: 1.'..nd� beide; the o.ie3 to be considered in
t:is .�pplic-tire ac th su':jcct lands. These lands com-
prise a fronta e of 750 feet on a road allowance adjacent to
L,ie .. ;sL and will run Lhc full depth o_ til concession lot
of 1326 fe L mora or loss an:.° having very irregular dimensions
e: siiorrn on i=i c s]<etch.It i s 11r;. sanders cjj.sh to retain
the cuE_crly _" :rtion c t,'i% tot 5 ..to dcjA s of -250 feet and
350 Feet to 'rascirvc th hri Vac , o'_' 11o, 0115 'il Qldill: , 1)C in,
a dwr=11 ng nru,-, :n._. 10L fronting on trle �)c;uth limit of the
concession, 100 feet by 200 {oeL also sl?Or'n on the: sketcl"1.
it i lih' 1, d C011Si Led _
Z "' ^_dS iblc' ti"tIinnd CY'S :nun
will in t]"rc futur_ carry an with tide f._!mily tobacco farming
business anti he will probably acquire a title to this
Southerly portion or Lot 5 and Lria South orae-hr'lf o± Lot
c tc t;l_ .:ea'_ a'. sumo time in tTr_ future. The proposed1o
Of Lho u`� cL lane:, in this; ap 1,c_ticn w,=a to b ccrig;l-Led
Oil Or bc_�)a the 21s1z of April 197% howLN ver Sitice Y( -Ur
Commute drill not be meeting until a.f"Lcr th_t'w,e are
:IzrLe,
reuu-st ng th ctensicn of Lhis clo;_in- r, t:. idon-thcloss
>LYic Ln<, p.ro,:c d purchaser and also i4rs. ,;nae are most
anxious to ize their grow__nr, ,rogr._al for L;lis year 1972
In r-_speCL of tobacco crus_-:, PJO Y'e IiIJ U tin};l JU;: t0 have '✓OUr
deci 1 i7
in
'the md'Lt r as Ooon is ani, dS was SUygcsted
to your `Secretary maybe the Committee Ill"' ecoid visit "-he
pro,.urty pr_or to tl e nexL- r,icot' y on :.pril 2s?, 1972.
Fate 9
Meet.'.ng _oramitt_: of adjusL .cnc, -`.rail 2^, i'-�72:
2. Pen S; -itch sh ::ing 'lie 1.. nd's in <ucsti n _:nd ouLli.ning
the lands to be ccnsidcr��d in the application;
A a m "tLer of racord the whole ComIlAtt e0 inspected this
property on April 20, 1972 and accompani_d by Ilr. I!anders,'the
following facts were noted:
1. This is obviously a tobacco.farminc oper^tion,
greenii-uses and e.iui :,.int were. _t_n evid%nce;
2. The land being transferred is arable agricultural
lend;
3. It was in-'icaL-ed to the applicant thc:t the land to
he severed should be of a more- reular shaped parcel;
4. The lana being retained was adjacent to a house
. owned by a son;
ISr. Handers under oath, s!:o-ted asfollows:
1. He has been operating a tobacco farr.i since 1951;
2. He has 25.72 acres or tobacco rights;
3. Ile now wishes to sell the subject lands together
with 10 acres o_= growinr; rights attached thereto;
n. The subjc1ct L_ -n" he proposes Lo sell is the
re uired acreage of lr--nd that must be transferred
with 10 acres of grow i ng rights under the rcculaL-ions
laiu down by the Onte_r9.o Flu Cured Tobacco GroL.ers
Ilarl:eLing Board, whic; is 23 acres of suitable land.
5. The sole reason -for this apl:lication is to support
the sale of the tobacco gru�,a_ng rights;
5. lie will not grow to�acco this year. The rights
that arc retained, namely, 15.7- acres can be
rented to anoLP>er grower for one more year but after
L -hat his r:i,.rrhts would be forfeit if he does not
grow crop himsel acc:-rdinc to the present rules of
the Board; -
7. The cerscn buying the rights is not an abutting
owner. This will remain a separate parcel;
W. hay Lycett d.C., agent for the applicant informed the committee
that the proposed pure]a6er ,aas one Mr. Albert Vander Haegen of
R.R. 41 Simcoe, Ontario.
Mrs. Grace L. Flanders, under oath, confirmed t=fiat the evidence
submitted by her husband was true to th` best of her knowledge
and belief.
The CommiLtee intimated that they may impos--, a restrictive clause
on the lands that nc d:rellin unit will h: erected on the proporty
for a period of 5 years from the registr--tion of the Deed.
Pir. and VIrs. i=anders verbally sL,-.ted that tills would be acceptable.
The Secretary ,.,as instructed to request the applicant to submit
a certified Flan of Survey, prepared by an Ont:,rio Land Surveyor
and this ap__licati.on was adjourned awaiting receipt of th(:, recuestcd
material.
C1L.".;;JS1'I:=::TiD1' lU "yin
Application File No. "B'8-72
W. Kay Lycett .C., . „gen'_,
Bairistez U' Solicitor,
Grono, Ontario,
Savvas Glia £r rias-.- Concepta Glia,
R.R. ;�1) Orono, Ont., O mars,
part of Lot 28, Con`4,
Townshi) of Clarke,
Submission No. "B"S-72-2
!Application w -s madom
e for exei.r.Lion or part exe.LlOn from
p rovi.s_Biis of the Ell,-innl. g Act so as to pertnit he septiaLaon
I
Pace 10
Neeting Committee of .djustzent, April 2n, 1972:
of ap roximately 37,209 ccs. ft. in area from tho applicants'
land.
W. Kay Lycett :..C., ,'3._rr_istcr & Solicitor, agent, and
Ar. Savvas Elia, applicant appeared in support of this application.
1 . �� 1�licati.on.
No other person afpeared in sup;_ort os, or in opposition to
this application.
The Secretary roported that 14 notic•cs of
the 9pij hearing
had been mailed in accordance with Item S of The Vulas Of
Procedure.
The Sacret,ry-'Preasuror presented the following material
to the meeting:
1. Corrospondence from W. Kay Lycett Q.C. ,_ mister
& Solicitor, U ono, Ontcric, dated April 11, 1972.
The: Comrr,ittee noted the contents thereof and
instruct=d the Secretary to delude this in tthe
minutes:-" On behalf of Ar,d Ars. r Savvas milia
we enclose: herewith their application for severance
of their real property in the Townshi of Clarke
comprising part of Lot 20 Concession 4 of t -he said,
Their entire holding consists of a Sunoco
Service St-
u.On and two dwell=in,; houses. T11e,r hLvc
entered into a conciti_;nal sale of the service st„ticn
and one or the dwelling houses being the more Northerly
house and -fra.mo garage a.: shown on the ska L -ch of survey
which is enclosed herewith in duplicate prepared by
Id.D. Brown anu dated July 62 1570. You will note Ln_t
this h;;lc:ing fronts on Hioh'. ny 35 and 115 and was the
rroyerty formerly owned by a local resid_nt Junior .
OnG n15 l'!i-fe. .� ile ve;gY ago iir. 'r;est acquirF'd
the SQOMonal 100' of land to the Scuth of the service
s otion Lo;,:e;:ty upon wLich he built his nes; and larger
home in ad -tuition to the other frame dwelling :included
with the servico station pre arty. Ar. and �r-. Zia
hav = been operating the service ,station property now
for close to two nears end have now hZd a chance'to
sell t -he service sLntion but wish to retain the larger
dwelling house and the 100 feet of l nd at the South
and of the road. 4c would be Old if Your Committee
would consider tis application at the earliest possible
date and if at all possible we would be glad if the
COmmiMnu members would visit the property prior,to
the next meeting of your COmmitteL so that all the facts
may be before the Committee for the r:_h
.. r al ccnsidqr.:_, Lion.
.s a matter Of record the whole Committee inspected this yroperty
on April"20, 1972 and noted the following facts:
1. There are Lhre,_ bulldinr s on the cLI L :tide of
Highways 115 & 35, north Of the roLd allowance
concession 3 and 4, Tow nshi1 of Clarke.
The;;e bui.lcings from North to South are:
(a) Concrete block, stuccu f0cod Service ltni:lov;
(1) Frame Garaye and a Prime Dwelling;
(c) Sllit level brick dwelling.
2. The three buildings have „uiiably entrances to
Highway 4115 &x;35 and soy3rate savtic tanks nd
the beds. One well services the three properties'.
Lr. Elia, under oath, stated as follo�s:
1. its i)urchased this Property ap,rOrimatcly 2 years
ago; there are two houses and a service station
situate thereon; he is assassed for three separate
pro cf ties, he haw a co i 9 i tial
1 sine for the garage
and one house- anj he wishes
house to separate the most southerly
riJm Lrhe service station and the contra_ house;
he intends to live in the souLhe
ly house; .
Page 11
Meeting Committee of Adjust"ont, :'April 24, 1972:
W. Pray Lycett _;.C., on behalf of the appli_anL, gave a brief
resume' of the facts contained in his letter and further sated
that Lir. Elia now wishes to. ret ain the home located farthest to
the south on the some 100' frontage that was added to the original
property by lir. 'hest. To increase the frontage of this property
would be to hammer the tr.ffic into the service station to the
north.
The Committee wera c the opinion that the primary ,'.'act
was to preserve a smooth flow of traffic off Highway 435 & 4115
into the service station.
The Secret,ry-Treosurer presented the following material
to the meeting:
1.A c_rtified Flan of Survey, prepared by Ido U.
3rown OLS., 3owuanvills, Ont,:rio, dated July 6, 19707
470066, on which is outlined the position of
the service station, frame garage, frame dwelling
and a split level brick dwelling; J
The Committee perused the Plan of Survey and follo.:ing.furtLer
discussion this application was granted on motion by K. Schoenmaker
seconded by E.R. Lovekin. Carried. '
CLaSSI_ 1CA '1,N Sec 6
Application "B"9-72
W. Kay Lycett A.C., .'agent,
Ba,.rri:_tcr & Solicitor,
Orono, Ontario,
John and 14ario i 1 cKelvey,Ocvners,
R.R. North, Ont,riu,
for part of Lot 20, Con 7,
Township of Clarke,
Submissi Jn No. "B119-72
Application was mcdo for exemption or partial exemption from
Provisions oC the Planning, =pct so as to permit the separation
of approximately 1 acre in aroo from the applicants' land in
an agricultural zone.
W. Kay Lycett Q.C., Barrister & Solicitor, Orono, Ontario,
agent and Mr. John KcKelvey, th,, applicant, appeared .in support of
this applic tiun. No other Person appeared in support of, or in
opposition to this application.
The Secretary rcportLd that 17 notices of the said hearing
had been ;nailed in accordance with Item 5 of The Rules of procedure.
The Secretary-Treasurerresente? the following ng mate. ia1 to
the meeting:
1. Correspondence from W. Kay Lycett .C., 3arristc-r
& Solicitor, Oro -o, Ontario, dayed April 112„1972.
The Committee noted the contents thereof and instructed
the Secretary to include this in the minutes:
"we wish tb advise that we are enclosing herewith
applicat:icn on behalf of John and "anion hcKelv-1. long
time residents of the Township of Clarke who pro,.ose
at this time Lo%ceaso their farming operation and
r sell to their nei hbour, James 12utherford all the f&rm
1( lards, but in the situation where tAey will retain the
use of a one acre lot for their continued residential
use herein the Township; We are having Mr. Brown
prepare a survey of the intended lot and with luck we
may have the survey available at your next meeting.
I don't thiAk that your Committee will have any problems
locating the property in question which fronts on the
7th concession line North side on Lot 20 as aforesaid.
Page 12
Meet' -rig Committee of ".djustmeriL, :`,,ril 211 1::-i72:
The proposed lot is to have a 150 foot frontage and a depth
sufficient to yield the average of one acre, This-applicrztiorl is
Bing : adc for UI -1 lot being retailied Urhicn will o deeded out of
the i:ch lvey name pond ricL the completion o;: Lh._ s7lo o£ the bae
lanc
of the lands to ilr. i:uL",erford and '-ilo;: a t r der de,3 back to the
.?Cl:nlvoys." "'.u.i'.. Lycett"
?ir. =?cl clvcy, under oath s'_;� Led the `ollos;irng
� cCtS:
1. fie tray born on the property and had 'Farmed it
all his life with the exception of the past
twG years; w?n�_n the land has been used -"or
pasture. In the me ntirnc he ;",as be --n employed
by the 'load Dei,;a_tmerit of thi l United Counties
Of Northum erland and Durham;
2. ile nos,+ wishes to retain on acre on which is
situate the residence and sell 99 acres to a
neighbor to be used by the neie"hbor in conjunction
with an existing farming o;.; ; ,=:t -qn in the aria,
This ah,hlica:;tier ins sdj,urned Lo enable tTie Cornra_i.LL-ee tO :inspect
the pror;erty.
<'pplLcatiun Pile No. "3"10-72
�.5, Cobbledick, '�;;ner,
Cnt-rio,
for , Ccr;l 12
part of Lot 3.'
Towrahi.; of Clarke,
u; rrissi(:n 71o. " "10-72
lcatlon W o riade ;For .,
r Li ..1 x ral L cn from
O✓ �.� On-' 0. thtc ti
',:nniII� ''.r -L c) E.J to 1 F ri;1i 'I7.G-
ci�aS 'Ll J17
rL ry ima t l 2
Y act --s in, ar:u .rrom Li ani]L_.anc'.. land in
-an ..r�r!cultu al Zone.
Cobbiedick, applt_ant, ap,.sai_d in -.up.Ort of :Yiis
Bpp11ca Liun. DIo other 1. er ,3ol'i arrSd 3t- SUCH, 01't of, Or �;1 p`
p o L.csitic.i
to Lhi.; ai�plicat'.on. "
Th i-cr� .pryr-� -ort._d that 16 no LiI c s r„ the i d n
saar_ng
d b n alai_ d :in accord _nee with Iters of h ules of
i.'rocedure.
rCo'_')ledick, undler oath, s:,:"I'd as full
o', s :
1. He has lived On L -he farm since 1940; he has carried
on a farming operation on this and abutting lands
for the :x.ri c;se of rais.-;'_ ?crafcrd cattle. He
} Oducos an orchard crop. Tho oriyii,al farm
is ccinposed
of
L 3'.nu ai1C1 O ` b_i '1 G .;_ t LO_'i acquired .Nroximr. LLly
30 acr :-Or ssF a "green bLl L" abuting ;ilmot
Greek. Indications at the time were if this l-nd
could not ?Ji_ acquired by negotiation t;ic.n it would be
a�quircd by ercpropriation. Land from al-tl.tting or;riers
w,is acquired
1-n th:_ s ,mc- way; In 1950 Llic Dropartmcrit
Of highways a.cgtlirad 10 acr:ro for ?iirhrda_y
2. Tha u jo-cL land '.rs Lu tlic ,.. i.h of Iii h,✓_,y :;r2,
last of Llic ru ;rshiro ad - uc_.:t_i lots 32 &: 33.
The r_; nt 'ir:;l :-ome anr.t .o,ri;s _acc or. Lh-1- Totinship
road dividinrr lots 31 & 33. Tllu ,,ro_osod house
v+ould be built fr;;nLiii u:i'?[i h,✓ul,
2 un the- north-
eaot corner Of lot 32, Part of th,_ lands tr"_e
Forri lit/ u -:'i :Or- c. (�+Qt;Glinc rV�Cr
Lat: it t:uL-
t1115 sfc tic,.?. waG _10 i_; -i whCii .111113f A'
)l v uE,�.rled
an; Qiv,._r LC-tht
d d :rl%, Or U:1- -
r2 • e L tr, :f ric from ?Iigh'.✓ay
0
3. ?E: 4d 1.�il�i: -'LO r:LLin a 2 acre parCul enU
till be usc,l ."Or agricultural N i1oses.
pr 1 tron adjourned LC :_,iat;le tri;, Comte
. Loe to
10
ih o;r,airiacr
J
Page 13
Maet:r.g Comnittce of :�djus"L:,-at, .April 2r12 1:72:
Appli(-:at.1)n File f.Io. "3"1-72
;pplic ti,.n F:_l^ ITO. "b'5-72
V ,clay L'rosek and
.Lgnes Prosck
f:Orivlald InvesLru�nts Limited.
oral submissions were heard and considered on the ahove-
menLioned applications, but duo to Lhc lateness of the hour,
the Comr,tittcc adjourned these to be considered by the whole
Committee as soon as can h` arranged.
General 3usiness:
The Sacretr:r,.-Treasurer preoented correspondc-ncc from
'Zichard Lovcicin .r.. LL.B., 3ai.::iater c'< SoliciLor, .Iey,c,.s"Lle.
G'ntario. The Secretary was irlstructed to include L-hic; fetter
in the minutes.
"Re: Turner Apr,licnticrl - Zoning Problem ConsulLat=_oiZ
by Committee of � djust!aents Account to 'luniciL:al
Planninci ConsultDnLs 541.65 - Police Puling
Y,
Under tlhe 1'la.rleiing Lct the CommiL-tee of AdjusL-mdnts may
consult sucih independent authorities as are necessary fur than to
carry out Heir duti�:; under the act.
As the Committee's funds come from Council any such accounts
would be r,^_ferred to Council for payment. In ;rears of
operation this is I heli-ve our first account and its j,urpose was
to dcLarmirlc the overall planning policy i:j; ragard to commercial
esL,.--�lishments on Highway ;#115. =here may be other similar expenses
in the future. If Council so instructed u6, we could direct such
enquiries through til:_ Clerk's office oo ho could reEain f_nancial
ccntrol or through the I',lanninc Bo rd.
;lay I summarize Lige situ -,tion as folloc:s:
1. This exp-anditure appears both necessary and rea-onable
and i certify it as necessary, reasonable and authorized from the
m
Comittee Of :.djustcients viewpoint and I hereby request that paymenL-
Of the account by the Township be auLhorizcd.
•2. I do not Elin); a special budget" for this sort of thing is
nLcesr;�Lry and th fd,,v expenses occurred coup'. be charged to
I lanning Ccn:. ultant fees gnrlerally.
3. If L -hs 'i'resurer or Council wish to exercise "3udgeL-ary
Corltr;;l in such maLccrs ,,rill the -Y pleaoa advice the Committee how
such matters should be proccss.ed in the future:(i. e. t;zrough the
Treasurer or. Ilannir_-; 3d. etc.)
this account has been Ou Lst,-nding for so]Ilc time-., I p,rCuld
apl,;reciata .it being paid soon.
Yours truly, "8.:2. fovekin"
.c, i.
s enry U�uJi"th, Clerk, �-r1 �:lrCilan CcmrnitteC of _Ld'us Liionts
�
PoWnshi;., ofClarkc,
oro.l_, ontaric
C.C. Munici_;;al ='l:::nai-ru; Concultdnts
^GO !;punt Plcas.nt Rd., Toronto on"tc:rio, (your filo, k -N3532) IT
The followin, leiter was dictated by the Chairman:
for. E Nr_. ,drq. _odor,
Generc_1 Deli"„ery, Grono, Ont--:rio.
JaE-r rdr. yrs. FrecLor: .
Ic J.:: our undcrs L, njinr, t:!,,t you_ enquiry befor'-- L!7 rhli
Planng
ti0 and in re�7lJ.rd t0 SLV�l cinc? your p::Of erty was un;>ucco,*:;f L11..
✓ahilhz "the Com�littee of Adjusb.:=t arc a.;arc that on the other side
o` L - road from ycur ire r"ty, con Lr r:blo dev 10P'n nL tuck place
before iL .nc hali._d by rc:.trlct.iv lc.;_LSl,_tiOrl, L1« Comr:titte_ are
Of the oi:ini;rl that, dev..lo;nu,rrt c` v,lur is of the: .road coulc:' not he
property clan:,i;:irad a:; "infillin:_ ;"9%v>io,:ment" and the e e✓duld not
�"Pp1 ca = to b._ any ether c,:tenory under which the Comraitte, of
Ldjus!: i;nt r✓out Flrve jurisdiction LO grant
ever,Mcc ir, such
Page 14
M11oeLirlg Commi'Ltee of Adjustment April 24, 1972:
If yoU wl:,h t,0 COn' U1'ol'✓'i - olic :-or in thi J IaLttcr
and instrUCt him to bring all a1.1. 11c -'ti0i1 ')Eiif Ori the COrlmittee,
You are; O.` coursF rrU Ire O :i0 GU Ind lua6 - c assured
that any SLiCY' 3i'�;) l.. c["L1C�II would be riven th^ 1'Ulle:,t COnslCieratl0ri.
In Ll"1e CI.rC!1ITIs ta'1C 5, as wc- Un Ce-sLan.; 't': :rl t]1S COn1i 1LteC
iS n,' tir_ o ,inion th =L- i F you wi i to subdivide all or part of
vcur 1 nd a fur..iaj e ,l tc Lion should be made to the "i'1 nniny
Board uhuivisi orl of lend be fac i li+ ated
1'1\' an am ndm nt Lo -n._ L, nin'� by -I. -i,, or by I formal regiotoed
plan O SLI i. <71'Ti S 1 (.n. r;i Lhcr_o 1.J...= broC dUr eS S C%U1d be
throu(h t?ie i-].:.nninc✓ 2o: r;].
Your::. very truly,
1;.3. Lovekin B.;\.
Chalrili='.n,.COr;Lilitt%E' Of :'idjUS'Lr.'r2nt ..
erlrx ev for To',-✓r?shil, of Clarke.
The Secrsi_aryr:eNorted roc T, L- -, -cquest for
_n(ormaL-ion r--r.ard'n'a` - y'O:ose-' Severance from I.r. .;alL!