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HomeMy WebLinkAbout08/09/1972MEETING IN COMMITTEE c c - c .Wednesday, August 9, 1972 Council Chamber Orono, Ontario, 8:00 P.M. Present: E.R. Lovekin B.A. LL.t., Chairman c K. Schoenmaker,- - Member E.F.R. Osborne Member Mrs. Ellen P1. Yeo, Secretary -Treasurer The -Committee met in Committe& to consider the following matters:. Application File "N"21 -72 - Robert Morton, Owner, R.R. #1, Kendal Ontario, W. Kay Lycett O.C., Agent, Barrister & Solicitor, Orono, Ontario, for part of Lot 18 Con 6, Township -of Clarke, Submission No. "B"21 -72 - As business arising from minutes of meeting July 4, 1972 this application was presented for further consideration. No person appeared in support of, or in opposition to this application. As a matter of record the whole Committee inspected this property at 4:00 p.m. on Friday, July 219 1972. The Committee spoke to the applicant and his wife. The following facts were noted: 1. The applicant had been baling hay.and, from all appearances, it was quite apparent that he is a "bona fide farmer"; 2. The proposed location of the lot to be retained was noted; 3., The applicant stated that he had consulted his Solicitor concerning transferring the land to his son; The Committee were of the opinion that this application should be granted, but it -was noted that under Appendix 1 sub. sec. (j) Farmer Regaining Lot: a farmer "may retain a lot from the sale of his farm" and the Committee will, therefore require: (a) proof by way of a registered deed or (b) alternatively by affidavit explaining the facts surrounding the proposed transfer of land to the son; (c) why consent is being sought without registration of a conveyance; upon receipt of such information the matter will -be finalized provided the explanation is sufficient. c The Committee will also require a restrictive clause be inserted in the deed of the,one acre lot to be retained by the applicant as follows: "Subject to the restriction, limitation and condition that.the lot retained from the lands severed by this decision shall not be sold, transferred or conveyed, or any equity therein, with the exception of a mortgage, be sold, transferred or conveyed to any person, firm or corporation other than to an immediate member o£ the Morton family for a period of at least 5 years from the date of registration of the deed of conveyance and this condition shall be engrossed in the said deed of conveyance" The Secretary was instructed to send a copyiof this interim decision to W. Kay Lycett Q.C., Solicitor for the applicant •and^to request a proper plan of survey, prepared by an Ontario Land Surveyor. If the applicant wishes to proceed with his application by undertaking to meet these conditions, the Committee will make its final decision on motion by his Counsel. 10 "A" Page 2 Meeting in Committee, August 9, 1972. Application File No. "B"22-72- Joseph G. Stephenson, Owner, R.R. 42, Newcastle, Ontario, for part of Lot 23, Con 1, Township of Clarke, Submission No. "B1122-72 As business arising from minutes of meeting July 4, 1972, this application was presented for further consideration. As a matter of record the whole Committee inspected this property on Friday, July 21, 19%2 at 2:30 p.m. and spoke to Nr. Stephenson and his wife in their home. The Committee walked over the._property with the applicant and the following facts were noted: e e 1. The applicant lives in a large home, several hundred feet in from the Township Road that runs north and south on the east side of the property. 2. To reach the applicant's home, it is necessary to drive past the home presently occupied by his son Robert Stephenson and it is this property the applicant wishes to sever; 3. The whole east side of the road was made into lots of approximately 100' x 150" before controls were applied and is now being built up solidly with homes; 4. The limits of the Village of Newcastle are just to the west of the applicant's proPerty, and at some future date the lands may well be in- corporated into the Village; 5. There is no official plan for the Village of Newcastle at the present time. The present zoning is "agricultural"; The granting of this severance is simply recognizing a de facto situation. The son, Robert Stephenson, who will continue to occupy the severed property has been living on it since he was married and before that he was raised on the said property. The house was clearly a second home for the second generation on a farm and was not built to deliberately avoid the Planning Act or to go against the Official Plan While all the lots across the road are only 15,000 square feed, the only analogous situation the Committee can use as a "yardstick" is the provision contained in Appendix 1 sub. sec. (j) "Farmer Retaining Lot" amending by-law 1653. The applicant had for many years farmed the land and while he did not derive his major income from farming he did, in fact, farm the property and later his son farmed the same property with tomatoes as a cash crop and other farming operations. On the basis of these particular facts and in view of the fact that a long time existing family residence is being severed,. the Committee will be prepared to give further favorable consideration to the application when a proper Plan of Survey, prepared by an Ontario Land Surveyor is presented showing a lot of one acre on which the son's house stands; said lot to comply with frontage requirements in an "agricultural zone." The Secretary was instructed to send a copy of phis interim decision to the applicant for his consideration. No person appeared in support of or in opposition to this application. CLASSIFICATION 10 "A" Page 3 Meeting in Committee, Augus '1972: Application File No. "A"13-72 Charles Wesley Lemon,Owner, R.R. #2 Newcastle, Ontario, W. Kay Lycett Q.C., Agent, Orono, Ontario, Lot 9, Con 2, Township of Clarke, Submission No. "A"13-72-18 As business arising from minutes of July 4th, 1972 meeting, this application was presented for further consideration. 1. No person appeared in support of, or in opposition to this application. As a matter of record the whole Committee inspected this property on Friday, July 21, 1972 at 3:30 p.m. The following facts were noted: 1. The house to the east was 80' or so away from the lot line. The house to the west was 20' plus from the lot line. An empty lot is situate across the street and a farm lies to the north of the property. Density of buildings is, therefore, not a problem. 2. The subject land is within a few hundred feet of the four corners of the Hamlet of Newtonville, Ontario, and a few hundred yards south of this corner is the Newtonville Cloverleaf on Highway #401. With this proximity to rapid transportation and being in the centre of the Hamlet of Newtonville the proposed lot would be in demand as a building lot; 3. The proposed set back would put the proposed house behind the established building line. 4. The Committee walked the area with surface drainage in mind and could not see any evidence of a water"course through the lot and the lot is the same height as neighbouring lands. 5. The subject land would appear to be a clear "infilling" situation and was held under separate .ownership at the time of the passage of the by-law; The Committee reviewed the minutes df'their meeting held on July 4, 1972 and following further consideration this application for a minor variance as applied for was granted on motion by E.F.R. Osborne, seconded by K. Schoenmaker, subject to the following conditions: 1. TAKE WARNING that this decision, for 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 21 DAYS FROM THE DATE that the minutes of this decision have been mailed to the Minister of Municipal Affairs of the Province of Ontario; 2. This decision should not be registered on title until the said time for appeal has lapsed when the applicant shall then register on title by way of Deposit a copy of the Form of Consent and shall forthwith thereafter forward to the Secretary of the Committee a duplicate Certificate of Deposit or a Notarial copy thereof; 3. AND FURTHER that upon receipt by the Secretary of the aforesaid document, the appropriate administrative officials of the Township of Clarke shall be authorized to issue any and all necessary permits or to take any steps necessary to implement this decision. CARRIED. CLASSIFICATION "RR" Page 4 Meeting in Committee, August 9, 1972. General Business - The Secretar§ reported that the following appeals wfrom decisions of the Committee of Adjustment had been received:: 1. Notice of appeal from Clarke Township Planning Board dated July 27, 1972 signed by,"Sidney Lancaster" Chairman and "Horace R. Best" Secretary; - Resolution No. 112, dated August 1, 1972 from B.W. Collins, Clerk -Administrator confirming that "This Council hereby endorses the decision of the Clarke Planning Board, re: appeal against Committee of Adjustment decision - Clarke Fish & Conservation Club Application No. 1121-72-17 carried August 1, 1972 signed by J.W. Stone. 2. Letter dated July 29, 1972 from Bernard Callanan appealing the recent decision of the Committee of Adjustment -for the Township of Clarke, under subsection 13 of the Pianning Act, as pertains Bill 196, relating to the matter of part Lot No.'29 Con. 5, west side Main St. Village of Orono owned by Bernard Callanan; The Secretary presented the following material to the meeting:. 1. Correspondence dated July 18, 1972 signed "Alfred Fitze" regarding Branislav Bogdanovic property, Lot 5, Con 7 Township of Clarke. The Chairman E.R. Lovekin dictated several letters regarding this matter; 2. Memo dated August 4, 1972 signed "B.W. Collins"A.M.C.T. Clerk Administrator suggesting that the Committee acquire a mail box and key for their own use. The Secretary reported that a mail box had been purchased on Friday, August 4, 1972 under No. 280 and that notices of this change had been mailed immediately to those persons dealing with the Committee of Adjustment. This being all the business at this time, meeting was adjourned at 10:00 p.m.