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HomeMy WebLinkAbout02/28/1972MEETING OF THE C0MI1IIT'2EE OF 11113JUSTII7:NT Monday, February 28, 1972, at 7:00 p.m. Council Chamber, Orono, Ontario. Present: E.i:. Lovekin B.A. LL.B., Chairman, K. Schoenmaker, Member, L .h. C)sborne, Member, ,Mrs. Ellen M. Yeo, Secretary-Treasurer The minutes of meeting held on January 31, 1972 were approved on motion by ::.F,R. Osborne and seconded by K. Schoenmaker. Carried. Application File No. 360-71 - Albert Carlos Tamblyn, Owner, R.R. 41, Orono, Onterio, for part of Lot - 24, Cori 5, Township of Clarke, Submission No. "B"360-71-261 As business arising from former minutes, this applicE-tion was presented for further consideration. Mr. gum. Tamblyn, son of the applicant, appeared in sup,ort of this applicF:tion. No other person appeared in support of, or in opposition to this application. Mr. Tamblyn presented the following material to the meeting: 1. A Certified Plan of Survey, prepared by i•I.D.Brown OLS., 1106, Bomanville, Ontario, dated February 28, 1972, file 72025; As a matter of record Mr. Klaas Schoenmaker and E.R. Lovekin B.A. LL.B., visited the property on Friday, January 28, 1972 P'Ir. E._h'.R. Osborne, member, was hospitalized, but is familiar with this property. The following facts were noted: 1. There was an existing culvert and entrance to the lot to be severed,and the applicant stated that this culvert had been established as a "winter entrance" to the farm as ti.e location was remarkably snow free; 2. The lot appeared completely suitable for the proposed use; 3. The proposed severance is a corner lot, fronting a well travelled Township Road; The Committee: I-erused the Plan of Survey subiitted; !recalled their inspection of the site on January 28, 1972; Referred to the minutes of meeting January 10, 1972 and ,upon review of all the facts, concluded that the -applicant is a bona fide farmer retaining a lot from the stile of his farm and the, application for severance of 1 acre was granted on motion by E.R. Lovekin, seconded by K. Schoenmaker. Carried. CLASSIFICATIGN 10 "A" Append. 1 "J" Page 2 Meeting Committee of Adjustment, February 23, 1972: Application File No. 366-71 J. Allen foster, Owner, Kendal, Ontario, Ralph G. Kennedy, =gent, Kendal, Onteric, for part of Block "G", Hamlet of Kendal, Lot 9, Con 6, Township of Clarke, Submission No. "B"366-71-262 As business arising from minutes of the last meeting, this applicE,tion was presented for further consideration. I,ir. Ralph G. Kennedy, Kendal, Ontario, as applicant's agent and as the proposed purchaser appeared in support of this application. No other person appeared in supi,,ort of, or in Opposition to this application. As a matter of record the entire Committee inspected this property on Saturday February 26, 1972. The day.was bright and clear with a light wind,, but there was heavy snot: coverage of the entire area. The Chairman, E.R. Lovekin, spoke to tirs. J. Allen Foster in her home and from the window of the kitchen in the house, Nrs. Zoster ppinted out the property concerned, which was clearly discernable and easily identifiable as it was fenced all around. An additional fence divided the existing house and lawn from the rest of the acreage. Mrs. Foster stated that the lot to be created was for a member of the immediate family. The land was covered by snow but it is known to the Committee to be light land and is table land of good porosity. The Committee also noted:, - The property generally lies in the north-east corner of the built up section in the Hamlet of Kendal. The road to the east is the main north - south artery in the area and has just been rebuilt to a high County Road standard giving access at its southern end to Highway *4Q1 at the Newtonville cloverleaf some 5 miles to the south and to the Lakeshore road. County I:oad 49 runs across the top of th,_• property and this road is the main east -west artery in the area connecting Rice Lake in the east , X75 the Hamlet of Kendal cbd Highway.#115 some 412 miles to the west. This means that anyone living in the area has two . main routes either south or west leading him to Hic{I-tways4401 and 4115 making commuting to Oshawa or Toronto feasible. The K�:ndal area is obviously going to develop quickly because of its desirability as a dormitory area and because the County ::oad programme has made it so muci-i more accessible by upgrading these access roads. Kendal is generally table land and is loc:,ted on the Great Pine Ridge with an elevation several hundred feet above the Lakeshore to the south and the only immediate danger would be Lhat immediate future developments might hamper sound general area planning in the foreseeable future. The Committee realize that these general comments are much wider in scope than may be necessary in this.particular application but include them to show L -hat in considering this application they have in mind the tentative suggestion o.L the Draft Official Flan and to indicate they are aware of the proble::s that the Municipality will si!ortly.have to face in the area. I•Ir. Kennedy presented a certified Plan of Survey, with legal description attached to the meeting' and on being reminded that he was still under oath, Air. Kennedy confirmed that the proposed severance was as shown on the said Plan of Survey, prepared by IbI.D. Brown OLS., 1106, 121 Queen Street, Bowmanville, Ontario under dace of February 25, 1972, file 72024. Page 3 Meeting Committee of Adjustment, February 28, 1972: The Committee: 1. =erused the Plan of Survey; 2. Referred to the minutes of meeting January 31, 1972; 3. Recalled L:ieir :inspection of the property; and were of the opinion that this severance was reasonable, bearing in mind the total general area picture and the fact this request does not run counter to the proposed Official Plan. Application for severance in an RR Zone of 1.07 acres granted on motion by E.R. Lovekin, seconded by K; Schoenmaker. Carried. CLASS121CFTION "RR" Application File No. 365-72 Walter John Hale, Owner, R.R. 41, Orono, Ontario, E.R. Lovekin B.A. LL.B.,agent, Barrister & Solicitor, Box 9, Newcastle, Ontario, for part of Lot 12, Con 3, Towns}!ip of Clarke, Submission No. "A"365-72-69 As business arising from minutes of January 31st, 1972 meeting this application was presented for further consideration. Mr. Walter John Male, applicant, accompanied by Mr. Harold Price, Box 201 Bowmanville, Ontar:i.o, agent for the proposed purchasers Canadian Rubber Dealers and Brokers Ltd., Box 201 Bowmanville, Ontario, appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr. E.R. Lovekin, Chairman; disqualified himself from the hearing of this application, li:)ving previous knowledge of this matter and I'r. K. Schoenmaker, senior member, conducted the hearing on this case. As a matter of record, Mr. Russell Osborne and Mr. Klaas Schoenmaker, Committee i•lembers, attended upon the applicant Mr. Walter John Hale at his home on the property, Saturday,February 269 1972 and discussed the application. Following this discussion they then visited the Girl Guide Camp and discussed matters with Mrs. Kathy Ranstead and Mrs. Dorothy Steenburgh who were conducting a Guide Camper's week -end. These ladies mentioned that a Beaver Darn on the property has created a large pond and the water being stagnant was murky, but they had no other complaint. The ladies also mentioned that lack of swimming facilities somewl-iat restrict the use of the camp but they do not have the funds to build a new swimming pool. An inspection tour of the building showed that the "Guides" have an adequate indoor shower 'room which is used for sanitary facilities.- The area was under considerable snow, but no pollution was visible. The Committee noted that i4r. Harold Price, agent for the proposed purchasers was not in attendance at the January 31st,1972 meeting and so that he would be aware of the matters discussed at that Lime, Mr. K. Schoenmaker, member, reviewed verbally the application as presented, following which Mr. Price was requested to clarify, under oath, the following facts which had been submitted at the said meeting by lir. S. Wotton, agent for The Girl Guides of Canada, Oshawa Branch, Ontario: (a) "the burning of tires etc.," i4r. Price stated that there will be no burning of tires - only storage of tires and a minimum of wrecking. Also there will be no sale of parts; Page 4 Meeting Committee of Adjustment, February 28, 1972: (b) "pollution", Mr. Price stated, to the best of his knowledge, there will be no pollution from tires. Thi_ business conducted will be the "reclaiming of old tires" and any possible pollution from these is not likely, as any substance that could cause pollution would be worn off; (c) "fence" f=ir. Price, as agent- for the proposed purchasers, indicated that it is his intention to erect a proper fence;_ (d) f=ir. K. 5choenmaker, member, read the following submission by wr, Hale, at tha last meeting"the proposed purchaser, Canadian Rubber Dealers and Brokers Ltd., intend to use the property for the purposes of storing and shipping used tires, with a minimum of wrecking of old trucks" "this is the same type of non -conforming use carried on at present and is covered by the same license, although the purchaser would be emphasizing the tire salvage aspect and minimizing the car wrecking aspect of the business." hr. Price, verbally, acknowledge these facts to be true. ME lJF-lte.r J. Hale? was rewinded th,.t he was still under oath, and he stated the following: (a) In a telephone conversation with Pars. J. Gaskell, Girl Guides Administrator, Girl Guidesof Canada, Oshawa, Ontario, under date of February 28, 1972, Mrs. Gaskell stated that their chief concern was a proper fence between the properties. nr. Hale confirmed he had promised Krs. Gaskell he would see that a fence would be erected. During this discussion it was brought to the attention of the Committee by one firs. Vaclav Prosek, sister of Mr. Walter J. hale, also an abutting owner, that between the properties of Mr. Hale and the Girl Guides is a narrow strip of land 78.22' wide and 100' long which, in effect, separates thse two properties; Mr. Hale then presented to the Committee as documentary evidence the following:l. United Counties of Northumberland & Durham License granted to ':falter J. Hale of Orono, R.N. 1 to carry on the business of wrecking yard, issued at Cobourg, Ont, under date 16th Nova. 1971, signed"K. Symons" Clerk and Treasurer 2. 413-71 United Counties of Northumberland & Durham from same department under date of 16th Nov. 1971, for same purpose, signed "K. _Symons" 3. 49 -72 United Counties of Northumberland & Durham from same department under date 17th Jan. 1972, for soma purpose, signed "K. Symons" The Secretary was instructed to make photostat copies of this material for purposes of record. J The Committee: J 1. Perused the photostat copy of a Plan of - Survey prepared by A.D. Brown OLS, dated 0ctober'18, 1967, 467099 and noted the strip of land referred to by Mrs. Prosek; 2. Referred to the minutes of meeting January 31, 1971; recalled their inspection of the site; and following further discussion concluded that this application requesting continuation of a "non conforming use" under Sec. 12 of amending by-law 1653 be granted on motion by L.F.R. Usborne, seconded by K. 5choenmaker, subject to the following conditions: ...... Page 5 Meeting Committee of Adjustment, February 28, 1972: 1. TAKE 'WARNING that this decision, for a minor variance of the Clarke Township Committee of Adjustment IS NOT FINAL AND BINDING untillthe time for appeal by any interested party has lapsed under the terms of The Planning Act of the Province of Ontario. TRIS TINZ FOR AhoZAL IS 14 DAYS FROM TII:: DATE that the minutes of this decision have been mailed to the Minister of Municipal Affairs of the Province of Ontario; 2. This decision should not be registered on title until the said time for appeal has lapsed when the applicant shall then register on title by way of Deposit a copy of the Form of Consent, and shall forthwith thereafter forward tc the Secretary of the Committee 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 will be authorized to issue any and all necessary permits or to take any steps necessary to implement this decision. CARRIED. CLASSIFIC,TION Sec. 12 Application File No. 2-72 P.J. VanGinhoven, Owner, 886 Masson Street, Oshawa, Ontario, Parkhill & Yanch, Agents, Barristers & Solicitors, 8 Simcce St. S., P.O. 3ox 154, Oshawa, Ontario, Part Lot 32, Con 3, Township of Clarke,. Submission No. "A" 2-72-1 Application was made for exemption or partial exemption from provisions of sub -division control by-law 1592 as amended by by-law 1653 to allow relief from required setback required under Appendix 1, Section,l (g) of said by-law. Por. :.J. VanGinhoven, applicant, appeared in support of this application. No other person appeared in support of, or in opposition to this application. The Secretary reported that 14 notices of the said hearing had been mailed in accordance with Item 5 of The Rules of Procedure. The Secretary -Treasurer presantcd the following material to the meeting: 1. Photostat copy or a Plan of Survey, prepared by N. Flim, OLS., 47 Prince SL-. Oshawa Ontario, W.O, 4472; Hr. F.J. VanGinhoven, under oath, stated that he was appearinq at the meeting on his own behalf, although J.A. Yanch Q.C., Messrs. Parkhill & Yanch, Barristers, 8 S:imcoe St. S., Oshawa, Ontario, is still his Agent. The Committee perused the Plan of Survey and Hr. VanGinhoven indicated the position of the "stoop", outlined on the Survey; Mr. VanGinhoven confirmed that the facts stated inthe application were true with regard to the variance of .22' at the south-east corner of the house plus 3' "stoop" and that he was under the impression that the "stoop" was not_part of the house. Page Meeting Committee of Adjustment, 1-'ebruary 28, 1972: The Committee noted the contents of the following correspondence - February 1, 1972 from Coath,lrwin & Living one, signed "E. Paul Coath"addressed to Building Inspector, 'Township of Clarke, February 2, 1972 from "Horace R. Best" to Coath, Irwin Livingstone; February 8, 1972 from "E. Paul"Coach, Coath,Irwiri & Livingstone to ',1r. Horace R. Best" February 9, 1972 from "Horace 3. Best" to Coath,Irwin & Livingstone. Following further consideration, the Committee decided that there was no need to visit the property. Obviously the variance is of a very minor nature and the infringement arose as a result of a minor error and the Committee hereby approve the present location of the house on the lot as illustrated on the Plan of Survey. Application granted on motion by K. Schoenmaker, seconded by Z.-F.R. Osborne, subject to the following conditions: 1. TAKE WARNING that this decision, for a minor variance of the Clarke Township Committee of Adjustment IS NOT FINAL AND Bli4DING 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 FOIL APPEAL IS 14 DAYS FROM TH-' DATE that the minutes of this decision have been mailed to the viinister of Municipal Affairs of the Province of Ontario. 2.. This decision should not be registered on title until the said time for appeal has lapsed when the applicant shall then register on title by way of Deposit a copy of the Form of Consent, and shall forthwith thereafter forward to the Secretary of the Committee 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- will be authorized to issue any and all necessary permits or to take any steps necessary to implement this decision. CARRIED. CLASSIFIC.',TICN Append. 1 Sec. 1 (g) Application rile No. 364-72 J Mrs. i•iarie O. Gibson, Owner, R.i2. 42 Newcastle, Ontario, for parb of Lot 31,,I -on 3, Township of Clarke, Submission No- "B"364-72 .s business arising from minutes of meeting January 31, 1972 this application was presented for further consideration. Mrs. Marie O. Gibson, applicant, accompanied by her son Mr. Gerald Gibson, proposed purchaser, appeared in support of ' this application. No other person appeared in support of, or in opf,osition to this application. J 1,1r. E.1. Lovel:in, Chairman, disqualified himself from the hearing of this application, having previous knowledge of this matter and Pair. K. Schoenmaker, senior member, conducted the hearing on tiiis case. Page 7 Meeting Committee of Adjustment, February 28, 1972: As a matter of recordL-he Committee Members, lir. K. Sclioenmaker and iir. .F.I:. Osborne inspected this property on Saturday, February 26, 1972. The following facts were noted: 1. The property is located on a well travelled and pav-d Township Road; 2. There are many recently built residences in this area; 3. The house and land which is proy)osed to be severed from the orchard is situated approximately midway -along the southern limits. The adjoining property - to the east is owned by the proposed purchaser, I,r. Gerald Gibson, son of the applicant, and who lives there% 4. It was plainly evident that this was an apple producing business. There were apple boxes, trailers, orchard equipment etc. in a large storage shed. The Committee discussed the application with Mrs. Gibson, and upon being reminded that she wa: still under oath, Mrs. Gibson stated to the Committee that she had nothing to add to her submissions presented at the last meeting and she was still of the same mind that she wishes to retain her home with ap,proximatcly 1 acre of ground and s,_11 the remainder to her son, Gerald Gibson. I:r. Gerald Gibson, under oath, stated 'chit he was purchasing the property from his mother, Pars. ISarie Gibson, for the purpose of farming the property. He understands that his mother wishes to reL,:in her home and approximately 1 acre of ground. The Committee indic-ted that they intended to impose restrictions in their final decision and both Mrs. DI. Gibson and t'_r. G. Gibson verbally agreed that this would be acceptable to them. The Secretary was instructed to request the applicant to provide a proper Plan of Survey, certified and prepared by an Ontario Land Surveyor showing the true siiape and dimensions of the land to be retained and the true shape and dimensions of the land to be conveyed to i-ir. Gerald Gibson. Application adjourned until such time as the requested material is presented. CLAS_= C!*.TIC N 10 "i,n Application ='ile No. 363-71 Kaspar Hollen, Owner, Newtonville, Ont..rio, Larber & Kelly • Agent, Barristers & solicitors, Bo';imanville, Ontario, £or part of Lots 3 & 4, Con 1, Townshigr of Clarke, Submission No. "B"363-71-262 As business arising from minutes of January 31, 1972, meeting this application was presented for f=urther consideration. i'Ir. Kaspar Hollen,^the applicant, appeared in support of this application. No other person appeared in support of, or in opposition to this application. As a matter oP record the Committee inspected this property on February 26, 1972. The proposed severance is on the west side of the applicant's holdings. The Committee have previously visited the area to the east and to the south. On other occasions clear access was _asier. The land is covered with bush and there was a large number or "deadfalls" making access to the interior almost impossible. A "sold" sign by a Realtor was noted. There is a clear break on the southern extremity of the property severed and tha land to the south has been cleared and obviously is being cultivated. Page 8 Meeting Committee of !'adjustment, February 28, 1972: Mr. Kaspar Hollen, the applicant, presented the follow;n; material to the meeting: 1. An amended Flan of Survey, the original Plan of Survey being prepared by i,i.D. 13rown OLS, dated August 31, 1971, File 71133, annoted "revisions: Feb 247 1972"; This amended Plan of Survey was accompanied by what appeared to be an amended description prepared by the same firm and dated February 24, 1972; Mr. Hollen, under oath, requested the Committee to grant him permission to amend his application from a severance of 43.85 acres to a severance of 40 acres. He now wished to reserve 3.85 acres at the south east corner of the proposed severance for access to the45 acre parcel lying to the south. 'Phe first problem the Committee considered was whether or not the permission would be granted tc the applicant to amend his application as indicated. Following discussion of the facts, the Committee granted the amendment for the following reasons: (a) The amendment was not substantial, in that it did not reduce the size of the property to be severed below the minimum 40 acre parcel required in an agricultural zone; (b) There appeared to be no violation of the principles laid down by the proposed Official Plan; (c) No abutting owner would be adversely affected; The application was amended accordingly, initialled by kir. Kaspar Hollen and witnessed by the Secretary -Treasurer, Ellen �1. `leo. The basic reason for the amendment is that the 3.85 acre area as now shown'on the Flan of Survey permits ready access from the Last to the 45 acre parcel to the south for agriculture machinery. The abutting area being swampy and low in character unsuitable for passage of farm equipment. There being no further matters to be discussed with regard to this application, the Committee: (1) Reviewed their minutes of January 31, 1972; (2) Recalled their inspection of the property on February 26, 1972; (3) Perused the Plan of Survey; and granted this application for severance of 40 acres in an Agricultural Lone on motion by Z.F.R. Osborne, seconded by K. Schoenmaker. Carried. CLA�SIFIU,TION 10 "A" Application File No. "A"1-72 1'Iurray & Donna Hardy, Owners, R.R. ik22 Orono, Ontario, for part of Lot 30, Con 6, Plan 687, Lot 461 Township of Clarke, Submission No. "A"1-72 Application was made for exemption or partial exem,utioi from provisions of sub -division control by-law 1592 as amended J by by-law 1653 to allow relief from Appendix 1, Sec. 1, Sub Sec requiring a side yard of 25'in an Agricultural Zone. . . . . . . Page 9 I'leet:ng Committee of Adjustment, February 28, 1972: Mr. Nurray Hardy, the applicant, appeared in support ofthis. application. No other per-s.�n a.peared in support of, or in opDosit:,.on to -this a��plication. Mr. 'ara. "erris, Apt 1105, 1266 Pentland E.vanue, Oshawa, Ontario, appeared as an observer. The Secretary reported that 14 notices of the said 'nearing had been mailed in accordance with Item 5 of the Ruies of Procedure. The Secretary -Treasurer presented the following material to the meeting: 1. A photostat Plan showing House location on part' of Lot 30, Concession 6, Twp. of Clarke, prepared by N.D. Brown OLS., Bo,,amanville, Ontario, Dated Dec. 11, 1970, 770151. Outlined in "ink" was shown the proposed attached c.arage with a_width of 241, leaving 5' for a side -yard; the said Plan was annotated " Note: This plan is not prepared for registration";... 2. A photostat copy of lots on the Leskard Road, numbered from 34 to 53, snowing Mr. Hard -i's lot 46 outlined in "black"; -Mr. Murray hardy, under oath, stated the following facts: 1. His dwelling is the fifth building north of Taunton Road, on the east side of Leskard Road; 2. He now wishes to build a double garage on the south side of the house with dimensions of 24lx241. This would leavea side-y.rd of 51; 3. There are several "double garages" in the neighborhood, but "single garages" are predominate; 4. He is una.blo to build a garage in the rear of his property because it Mould interfere with the tile bed aid his septic tank; The Chairman, �... Lovekin, asked the applicant if there were any other :special :.acts Lhat would make Luis application different from other lots in the area and thore were no such facts. This applicaL--ion w s adjourned to enable the Committee to inspect the property. CLf:SP4Ii-'IC.''PL�lu 10 "A" Application File No. 'B"1-72 W. Kay Lycett u.C., Agent, Barrister & Solicitor, Orono, Ont�)rio, Vaclav Prosek & Agnes Prosek,Owner R.1. 41, Orono, Ontario, for part of Lot 12, Con. 3, Township of Clarke, Submission No. Application was made for exemption or c.artial exemption from provisions of the Planning Act so as to permit the separation of a parcel of land approximately 385'x220' being approximately 1.982 acres in area from the applicants' land. The Secretary r`,= ted that 14 notices of tn` said hearifig had been mailed in accordance v:itli Item 5 of The Rules of Procedure. Page 10 Meeting Committee of Adjustment, February 28, 1972: Mrs.Agnes Prosek, Ap:licant, accompanied by her agent W. Kay Lycett Q.C., Barrister & Solicitor, Orono, Ontzri-o, appeared in support of this application. No other person appeared in support of, or in opposiLio:i to this applicati<n. The Secretari-Treasurer presented the following material to the meeting: 1. Correspondence from 'a. Kay Lycett -1�.C., J Orono, Ontario, dated January 26, 1972. The Committee noted the contents thereof and instructed the Secretary to include the relevant facts in these minutes - " On behalf of 11r. and i'1rs. Vaclav Prosek I am enclosing herewith their application for severance of a portion of their lands composed oP part of Lot 12 Con. 3 of the Township of Clarke. These lands comprise three separa.te parcels shown on sketch of survey enclosed herewith. One containing 24.71 acres, a further parcel containing 2.08 acres and the final portion which is the subject of this appli c tion containing 1.982 acres. This last mentioned parcel corit.ins the residenti.lbuilding in which i -Ir. & Mr:3. Prosek presently reside. It is their wish and desire to erect a larger building more suitable for their family on the 24.71 parcel which they own as previously submitted and to seek a sale of their present dwelling loc;I.ted on the subject lands in this applicj_L-ion. They are making this appl=ication to seek your Committee's approval for the sale and conveyance of the same." 2. A certified Plan of Survey, ,)repai:cd by li.D. brown OLS., 1106, Bowmanville, Ont<_rio, dated hecember 28,1970, 470156; The Committee perused the Plan of Survey and recalled the following consents: Submission "L'"80-67-69, decision made on October 2, 1967, permitting a severance from Mr. in. F. Hale Sr., father of Mrs. Agnes Prosek, said severance of 2.08 acres to be an addition to an existing holding of 1.982 owned by Vaclav Prosek and Agnes Prosek; Submission "B"289-71-227 decision made on April 5, 1971, permitting a severance from Miessrs. blilliam F. & John J. Hale, Father and Uncle of firs. Agnes Prosek, said severance of 24.71, being the, second addition to property owned by Mr. & Mrs. Prosek. rlr. lJ. Kay Lycett Q.C., on behalf of the applican-Ls submitted the following facts: 1. I°Ir. & Mrs. Vaclav Prosek presently own 3 parcels of land (a) the original property being 1.982 acres created by instrument Iv18308; (b) To this parcel was added 2.08 acres, instrument 1434887; (c) This area of 24.71 acres was a further addition to the Prosek holdings, instrument 49494; 2. Basically this application is one wherein i,ir. & i•irs. :Prosek seek to sell 1.982, being their original holding, and the house thereon and retain the 2.08 and 24.71 acre. parcels which will be merged as one parcel; Mrs. Agnes Prosek, under oath stated that they wish to build a larger home on the 24.71 acres and sell their present home with acreage of 1.982. The new home would front on the road allowance between Lots 12 and 13 to the hest. Mrs. Prosek also stated that she would consider selling the 2.08 acres with the 1.982 acres, if the Committee required this. There being no further discussion at tiiis time, this application was adjourned to enable the Committee to inspect the property. CLASS IFICATIGI4 10 "A" Page 11 Meeting Committee of i.djustment, February 22, 1972: Application File No. "3112-72 l'J. Kay Lycett Q.C., Agent, Barrister & Solicitor, Orono, Ontario, Mr. Evan William Newell, Owner, R.R. 42, Orono, Ontario, for part of Lot 32, Con 7, Township of Clarke, - Submission No. "L" t+pplication was made for exemption or partial exemption from provisions of the Planning i�ct so as to permit the separation of a parcel of land approximately 1 acre in area from the applicant's land. Mr. Evan Wm. Newell, applicant, accompanied by his agent W. fray Lycett Q.C., appeared in support of this application. No other person appeared in support of, or in opposition to this application. The Secretary reported that 15 notices of the said hearing had been mailed in accordance with Item 5 of The Rules of Procedure. The Secretary -Treasurer presented the following mc;terial to the meeting: 1. Correspondence from W. Kay Lycett dated February 17, 1972. The Committee noted the contents thereof and instructed the Secretary to `include the relevant facts in these minutes: "On behalf of ,ry client Evans Newell, I enclose his application for severance of a parcel from his residential property located on the 'r;est side of Leskard road in Lot 32 Concession 7 of the Township of Clarke. iIr. Evans Newell has a total holdinq at the present time of an excess of two acres which will be more accurately ascertained when a copy of a survey is Furnished by Mr. 3rown and this survey we hope, will be filed with you prior to your Committee's.consideration of this application. Mr. livans Newell is located on the north portion of his total holding and it is his proposal to sever approximately orie acre of the southern portion of the parcel for the purpose of a building lot to have approximately 150 feet frontage and depth accordingly. It is evident from the Zoning By -Law of the Township of Clarke that the subject lands lie wiL-hin and are RR zoned. It would seem,therefore, that in accordance with the regulations and specifications set forth in the by-law that this application is not only feasible but also desirable. I submit this on the basis that it will effect an infilling on a wide established residential street or road." Mr. W. Kay Lycett Q.C., on behalf of the applicant presented for the Committee's perusal and Agreement of Sale of Land made between Her Majesty The Queen by way of The Director, The Veterans' Land Act and Evan 7Jilliam Newell, the Veteran herein. The Secretary was instructed to make a photostat copy of the face of this document for purposes of record. The -Committee noted while technically under such an Agreement the Crown was L -he holder of the fee simple interest in the lands, the Committee for practical purposes treat this Jigreement as a Title Document and entertains the application accordingly. Any deed for the property would have to come from the Director,. The Veterans' Land Act. Page 12, Fleeting Committee of AdjusL-ment, February 28, 1972: i,ir. Sean ;im. ;Jewell was then sworn and st:e.ted the following facts: 1. He purchased his property under VLA approximately 8 years ago; 2. The property has frontage ori the Leskard Road and there are a number of homes built to the south and to the north of his property. The land immediately to the west of these homes is farmland and zoned "Agriculture" but the strip of land on which homes have b`en built fronting on the Leskard Road are zoned "RR',' 3. There is no natural line of division :or the severance he requests; 4. The lot is rolling land sgith a gentle rise; access to the road is level; visibility good along th road; Caere is adequate water supply with a well 25' deep, there are no trees on the lot; Following further discussion this application was adjourned to enable the Committee to inspect the property. CLASSIFTCATI.Ij "RR" Application File No. 288-71 W. Kay Lycett 4.C., -Agent, BarrisL-er & Solicit -or, Grono, Ontario, William Perry Irwin, Owners, Etta Irwin, for part of Lot 29, Cori 1V2 Township of Clarke, submission No. "B"288-71-263 As business arising from minutes of past meetings this application was presented for further consideration. W_ Kay Lycett Q.C., Barrister & Solicitor appeared in support Of this application. No other person ap pared in support of, or in opposition to this application. i'ir. Lycett, on behalf of the applicants, brought this matter on by consent of the Committee. The Committee were informed by i -]r. Lycett ti-iat the applicants had filed an applicati-n to the Planning Board for the whole area but this matter was not yet finalized as the pending Official Plan has occupied the Planning Board's attention, as of late. The proposed Official Plan shows the area as a "Hamlet". It is quite evident that t1e existing development around the lot in questi�,n is going to be zoned in some way so ti,at the development is legalized. Following further consideration the Committee: (1) Reviewed the minutes of meetings March 8, and April 5, 1971; (2) Recalled their inspection of the property on April 3, 1971; (3) Perused the photostat co;"y of the Plan of Protosed Subdivision. ;this plan shows the position of the subject land in the proposed plan of sub -division (ref. minutes I -larch 8, 1971; ) The Committee, ill view of the fact that the severance does not contravene the pending Official Plan approved the severance as an "infilling operation" on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. CLF IL'1C '.T LON 10 11,- " J Page 13 Meeting Committee of Adjustment, February 28, 1972: General Business: Interviews were granted to the following persons: 1. Mr. Roy Foster accompanied by Pir. Branislav Bogdanovic requesting information regarding a proposed severance` of 40 acres; 2. PIr. Wm. P. Proctor and one =yrs. Harding, proposed purchaser, appeared before the Committee in regard to the pro_::osed creation of a 5 acre lot on the west side of the Leskard Road, North of 'Taunton Road. The Committee were of the opinion, in view of the proposed Official Plan, that they should not create lots without careful consideration of the general policy in the area. Mr. L.R. Lovekin, Chairman, dictated a letter to Mr. H.R.` Best, Secretary, Planning Board, regarding this matter, with a copy to be sent to Mr. Proctor. The Secretary -Treasurer reported that correspondence had been received from The Ontario Municipal Board, under date of February 23, 1972 regarding an Appeal by Jean Goode against a decision of the Committee of Adjustment. An appointment for hearing by the Ontario Municipal Board has been set for Thursday the 23rd day of March 1972 at 10:30, at the Council Chambers. The Committee then dealt with the New Rules of Procedure, new forms etc. required by changes in the Planning Act which became effective as of February 1, 1972. There being no further business, this meeting adjourned at 12:45 a.m. Secretary -Treasury MIETING OF THE COMI•'IITTi�'E 02 ADJUSTi°'iENT Monday, March 27, 1972, at 7:00 p.m. Council Chamber, Orono, Ontario. Present: E.x. Lovekin B.A. LL.B., Chairman, K. Schoenmaker, Member, E.I.R. Osborne, Member, Airs. Ellen N. Yeo, Secretary -Treasurer The minutes of meeting held on February 22, 1972 were approved on motion by E.F.R. Osborne and seconded by K. Schoenmaker. Carried. c Application File No."A"1-72 Murray & Donna Hardy, Owners, R.R. f2, Orono, Ontario, Lot 46, Plan 687, Lot 30, Con 6, Township of Clarke, l Submission No. "A"1 -72 - Application was made for exemption or partial exemption from provisions of sub -division control by-law 1592 as amended by by-law 1653 to allow; relief from required side yard of 25' under Appendix 1, Section 1, Subsection "F", said By-law. The Committee noted that this application had been presented at their meeting on Februnzy 22, 1972. .s a matter of record the Committee inspected this property on Thursday, Parch 16, 1972. No ye�scn was home. The following facts were noted: