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HomeMy WebLinkAbout09/11/1972MEETING OF THE COMMITTEE OF ADJUSTiiENT Monday, September 11, 1972 at 7:00 p.m. Council Chamber, Orono, Ontario. Present:. E.R. Lovekin B.A. LL.B., Chairman, K. Schoenmaker, Member, E, F. RA Osborne Member, 1,1rs. ellen M. $eo, Secretary -Treasurer. Due to the lack of a quorum, the meeting scheduled for August 24, 1972 was cancelled and the Secretary was instructed to notify all persons concerned and inform them that a meeting would be scheduled for September 11, 1972. Mr. Russell Osborne, member and Secretary -Treasurer Mrs. E.M. Yeo attended at the place of the meeting on August 24, 1972 to answer any enquiries that might be made. The minutes of meeting held on August 9, 1972 were approved on motion by K. Schoenmaker, seconded by L.F.R. Osborne. Carried. Application. File No. "B"2-72- W. Kay Lycett Q.C., Agent, Barrister & Solicitor, Orono, Ontario, Mr. Evan'William Newell, Owner, R.R. #2, Orono, Ontario, for part of Lot 32 „ Con 7, 'township of Clarke, Submission No. "B112-72-1 As business arising from minutes of past meetings, this applicaL-ion was presented. Mr. Evan William Newell, applicant, accompanied by his agent, W. Kay Lycett Q.C., Orono, Ontario appeared in support of this application. No other person appeared in support of, or in Opposition to this application. The Committee referred to the minutes of April 24, 1972 at which time this application was granted on motion by K. Schoenmaker, seconded by,E.R. Lovekin. Carried. The Secretary reported that although this application had been granted there had been a delay in receiving a certified Plan of;Survey.of the subject land. Mr. Newell was then sworn and under oath verified that the Plan of Survey he now presented to the Committee was of the subject land and in accordance with the opireon of Mr.,Brown OLS as stated at the April 24, 1972 meeting that "the division shown on the Plan of Survey is the best possible way of dividing this property bearing in mind the topograpiy or the land" The Committee perused the certified Plan of Survey prepared by N.D. Brown OLS., annotated "the survey was completed on the 24th day of April, 1972,11dated August 24, 1972 and numbered 72050. The Secretary was instructed to prepare the necessary papers to be sent to the i-:inister of Municipal Affairs and to include the photostat copy of a Plan of Survey by M.D. Brown dated April 24, 1972, 472050 annotated "Boundaries Only" which had been accepted by the Committee for their decision on April 24, 1972. CLASSIFICATIGN "RR" Page 2 Meeting Committee of Adjustment, SoDtember 11, 1972: Application File Ivo. "B"16-72 Andrew Sutch, Owner, R.R. 41 3 Pontypool, Ontario, for part of Lot lo, Con 10, Township of Clarke, Submission No. "L"16-72-16 As business arising from former minutes, this applic<-tion mas presented for further consideration. Mr. Andrew Sutch, applicant, appeared in support of this application. No other person appeared in support of or in opposition to this application. The following material was presented to the meeting: 1. certified Plan of 6urvey, prepared by M.D. Brown OLS., 1106, Bowmanville, Ontario, dated August 22, 1972, 44-72123 showing the boundaries of the subject land and outlining a 2 storey frame dwelling; frame barn; greenhouse and tobacco kilns. •1r. Sutch under oath verified that the Plan of Survey as presented was of the lot he wished to retain. The Chairman, G.R. Lovekin, asked Mr. Sutch "do you intend to sell all your tobacco growing rights?""yes"." ghat do you intend to do 'with the tobacco kilns on the property?" "they will probably have to be torn down." The Committee referred to the minutes of meetings held on May 23, May 26 and recalled their inspection of this property on P-iay 262 1972. In their opinion I°ir. Sutch is entitled to come„under the specific provision of a "bona fide farmer” retaining a lot from the sale of his farm and on„this basis this app,ication was granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. CLASSIr'ICATION 10 "A” Append. 1 (j) Application File 11B"21-72 Robert Morton, Owner, R.R. 41, Kendal, Ontario, W. Kay i,ycett Q.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 past meetings, this application was prey: nted for further consideration. Mr. Robert Morton, applicant, and W. Kay Lycett Q.C., agent 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 Mr. H.R. Best, Building Inspector,dated August 25, 1972; the Committee noted the contents thereof; 2. Report from Haliburton, Kawartha, Pine Ridge Health Unit, dated June 23, 1972, signed "R.J.MacNaull" received by the Secretary July 7, 1972; 3. Photostat copy of certified Plan of Survey, prepared by i•1.D. Brown OLS., 1106 Bowmanville, #k72124, dated August 23, 1972, outlining an area of 1.00 acres and annotated "part 111. Page 3 Meeting Committee of Adjustment, September 11, 1972; The Chairman, E.R. Lovekin, directed the following questions to the applicant and his agent: "does the applicant have a building permit to erect a home on the property to be severed?" answer: "yes, he has a building permit on a 40 acre lot which includes the 1 acre under consideration" The Committee then discussed with W. Kay Lycett Q.C., agent for the applicant the form of affidavit they will require regarding this severance. Mr. R. I4orton, .applicant, under oath, verified that'the Flan of Survey as presented was of the 1 acre parcel he wishes severed and he also confirmed his understanding and acceptance of a restrictive clause to be contained in the deed, said restrictive clause to be included in the final decision. This application was adjourned awaiting presentation of the required material. CLASSIFICATION -10 "A" Application File "B"22-72 Joseph G. Stephenson, Owner, R.R. 427 Newcastle, Ontario, for part of Lot 23, Con 1, Township of Clarke, Submission No. "B"22-72_19 As business arising from minutes of past meetings, this application was presented for further consideration. Mr. Joseph G. Stephenson, applicant, accompanied by his son, Robert Stephenson, app_ared in support of this application. No other person appeared in support of, or in opposition to this application. The following material was presented to the meeting: 1. Certified plan of Survey, prepared by i°I.D. Brown OLS., 1106, Bowmanville, Ontario, dated August 23, 19729 471003 - B. The Committee perused the Plan of Survey and noted that the area shown was for 1.010 acres and included the 2 storey frame house which is occupied by Robert Stephenson and his family. Mr. Stephenson, under oath, stated that the area had been increased to comply with the Committee's instructions at their meeting held on :august 9, 1972 at which time he had been informed that the required lot area for a farmer retaining a lot is 1 acre. The Committee granted Nir. Stephenson's request that he be allowed to amend his application accordingly. Following further discussion the Committee: 1. Reviewed the minutes of meetings July 4, and August 9, 1972; 2. Recalled their inspection of this property on July 21, 1972- and 972 and this application was granted on motion by K. Schoenmaker, seconded by E.i'.R. Osborne. Carried. CLASSIFICATION 10 "A" Append 1 (j) Page 4 Meeting Committee of Adjustment, September 11, 1972: Application Pile 1131123-72 Bleonore Adams, Owner, Newtonville, Ontario, for part of Lot 9, Con 1, Township of Clarke, Submission Ivo. "B"23-72 Application was made for exemption or partial exemption from provisions of the Planning Act so as to permit the separation of a parcel of land approximately 8 acres in an "RR" Lone. The Secretar., reported that 24 notices of the said hearing had been mailed in accordance with Item 5 of The Rules of Procedure. Mrs. Sleonore Adams, accompanied by her husband Mr. James Adams appeared in support of this.application. Mr. Reid Wo ood, an abutting owner, also appeared. No other person appeared in support of, or in opposition to this application. Mr. E.R. Lovekin, Chairman, disqualified himself from the decision on this app-lication, having previous knowledge of this application. Mr. K. Schoenmaker, senior member, conducted the hearing on this case. The Secretary -Treasurer presented the following material to the meeting: 1. Correspondence from the office of E. Richard Lovekin L.A. LL.B., Newcastle, Ontario, dated June 27, 1972. The Committee noted the contents thereof; 2. Report from Haliburton, Kawartha, Pine Ridge District Health Unit, dated August 16, 1972 signed "P.J . IviacNaull; As a matter of record the Committee inspected this property on July 21, 1972 and noted the following facts: Mr. and Firs. Adams own a home with a barn and acreage in the Hamlet of Newtonville, Ontario which is zoned "RR". They wish to sell the barn and surplus land off -to an abutting land owner. The house being retained faces on the south side of Highway F'F'2 in the Village of Newtonville. The land being sold lies on a lot,:er level than the land immediately adjacent to Highway 4-2 and the Committee were of the opinion that any future development in the area oaould have to be by way of a Plan of Subdivision. Mr. James Adams, representing his wife the applicant,was then sworn. Mr. Adams indicated on a pen sketch of the property a projected line of division to separate his present dwelling with enough property remaining for himself and a balance of approximately 8 acres for sale. Mr. Adams stated that according to a Plan of Survey of the whole property the frontage is on the Newtonville Road of approx. 533' and the depth from the Newtonville Road to the west line is approx 4941. I-ir. Adams then discussed with the Committeethe best way to divide the land so that an existing barn could be in- cluded with the 8 acres to the proposed purchaser. Mr. Schoenmaker pointed out that this area is zoned "RR" and the minimum lot area required would be 1 acre. Mr. Adams stated further that he is due for retirement and he now wishes to retain his home on a smaller lot. This application was adjourned to enable iar. Adams and the"proposed purchaser to discuss a possible division of the land and before a final decision can be made a certified Plan of Survey, prepared by an Ontario Land Surveyor will be reruired. CLASS11'ICATION "RR" J Page 5 Meeting Committee of Adjustment, September 11, 1972: Application File No: "B"24-72 Gerrit and Dieuwke Rekker,Owners, Millson Hill Drive, Orono, Ontario, for part of Lot 2$,.Con 5, Police Village of Orono, Township of Clarke, Submission "B"24-72-2" Applicatic;n was made for exemption or partial exemption from provisions of the Planning Act so as to permit the separation of a parcel of land approximately 75' x 110' being approximately 8250 sq. ft. in area from the applicants' land in an "R1" Gone. Mr. John Rekker, son of the applicant, appeared in support of this application. Pairs. Joyce Rosseau, Orono, Ontario, appeared on behalf of Firs. Wilhelmina Peeters, the proposed pur- chaser. -No other person appeared in support of, or in opposition to this applicEtion. The Following material was presented to the meeting: 1. Di°rect-ion, dated 11th day of September, 1972, signed "G. Rekker""appointing John Rekker, my son,"to„act on behalf of the applicant; 2. Authorization, dated 11th day of September, 1972 appointing Joyce Rosseau"to represent my interests in this hearing today, because both my husband and myself are unable to attend." signed "Wilhelmina Peeters'l- As a matter of record the whole commi'r.tee"inspected this property at 10:00 a.m. Labor Day, September 4, 1972 and the following facts were noted: 1. The applicants own both sides of a ravine through which a tributory of Wilmots Creek flows in a north -south direction; 2. The application is to sell a piece of "creek bottom" land to a neighbour who backs onto the ravine from the west. The neighbour apparently intends to use the land for a. gardening and play area; 3. The parcel was already fenced and so was clearly defined; 4. Mr. Rekker was not home when the Committee first appeared but came home during the time they were inspecting the property. Mr. Rekker pointed out that he originally owned 3 acres in the area and the Committee recalled a previous severance (ref. "B"191-69-170, decision June 2, 1969); 5. Part of the property in the area is planted to strawberries and the property to be severed is presently in a wild state. Undoubtedly the applicants will cultivate the river bottom property which is very rich soil and the net effect will be a carefully groomed and beautiful green belt lying within the Village of Orono. In summary, therefore, this is a transfer of property between two abutting owners that will not be built on and will become cultivated "greenbelt". Mr. John Rekker, under oath, stated that he represented the applicant, his father, and this application is for permission to sever a lot to an abutting owner. The land cohc"erned is low lying green belt and there is no flooding. Mrs. Rosseau stp:ted �tha-t the proposed purchasers wish to add the new lot to their existing holding on which is situate a single family dwelling and they wish extra land for gardening and recreational purposes to meld with their property. This application was adjourned awaiting the receipt of a certified Plan of Survey. CLASSIFICATION 1IR1" Page 6 Meeting Committee of Adjustment, September 11, 1972: Application rile No. "A"15-72 W. Kay Lycett Q.C., Agent, Barrister & Solicitor, Orono, Onte:ric, Walter Jacob Nanninga, Owners, Doreen Nanninga, Orono, Ontario, for part of Lot 19, Block "A" Hanning Plan, Police Village of Orono, Lot 28, Concession 5, Township of Clarke, Submission No. "B"15-72-20 Application was made for exemptiori or partial exemption from provisions of sub-divisi.un control by-law 1592 as amegded by by-law 1653 for reduction of required set back from centre line of Duchess Street from 63' to 39' to alloy✓ the construction of a garage on this residential property at that position. The secretary reported that 24 notices of 'the said hearing had been mailed in accordance with Item 5 of The Rules of procedure. Walter Jacob Nanninga, applicant, accompanied by W. Kay Lycett Q.C., Agent, 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 W. Kay Lycett Q.C., Barrister P Solicitor, Orono, Ontario, dated August 28, 1972. "I am enclosing herewith the applice.tion of my clients Ivir. and Mrs. Walter Jacob Nanninga for a minor variance allowing him to construct a new garage on his property at a distance of 39 feet set -back from the centre line of Duchess Street. I am instructed that there is presently a garaee on the property but it is located in such a position having regard to the low grade of the lands to the south that this present garage is continually being flooded with water. He proposes to demolish the present construction and locLte a new garage further to the Northat a distance of 39 feet from the centre line which is not in compliance with the present by-law recuiring 63 feet set -back. I would also point out,that the garace will not be any closer to the Street than the present dwelling nor other houses on the same street" As a matter of record the whole Committee inspected this property at 9:30 a.m. on Labor Day, September 4, 1972. The Committee, accompanied by the applicant, Walter Nanninga, rioted the following facts: 1. Phis application is for relief in set back requirements. The previous garage, which the applicant has just demolished to clear the'site for construction, would be a non -conforming use in terms of the existing by-law; 2. Mr. Nanninga indicated the proi.osed placement of the new garage. The old garage was 12' x 20' and the new garage will be approximately 18' x 24' or slightly larger than the previous building; 3. The Committee measured the property and noted that the garage could not be set back 63' as this would put the building too close to the neighbour's building at the rear (i.e. inadequate side yard); J J Page 7 Meeting Committee of Adjustment, September 11, 1972: 4. The applicant, with the Committee, measured the ground roughly and determined that he could reduce his request to 431. This would m::an that the new garage would only be 4' closer to the street than the previous non -conforming use building. It would also put the g,rage in line with the west wall of the existing house on the property and behind the building line established by a house to the south; 5. The applicant mentioned that he had a problem with water coming into his old garage and re -construction was clearly necessary to raise the garage and avoid the drainage problem encountered wiL-h the oli garage; i'dr. Nanninga under oath verified that the existing garage had been demolished and lie verbally agreed with the Committee that the reduction of set back from centre line could be 'changed to' 43' instead of the 39' requested. The application form was amended accordingly and initialled by Mr. Nanninga and W. K. Lycett Q.C. The Committee recalled their decision made on September 13, 1969, regarding this property (ref, sub. 11B"202-69-178). „ At that time one Robert J. Hancock sold to an abutting owner Walter Naiiinga,'now the applicant, a parcel of land approx. 371x66' resulting in each owner having a lot of approx. 7854 sq. feet, and i'r. Nanninga "indicated that the additional property would be useful to him in the event that he wished to re -locate his garage." The Committee noted that since the existing building line would not be violated by the proposed building and since.this was replac:i.ng a previous garage in nearly the same location, this application for a minor variance from the reouired set back was granted on motion by E.F.R. Osborne, seconded by K.Schoenmaker subject to the following conditions: 1. TAKN 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 tact of the Province of Ontario. THIS TIME FOR. APPiiAL IS 21 DAYS FROM THE DATE that'the minutes of this decision have been mailed to the [Minister of Municipal Afiairs of the Province of Ontario; 2. This decision should not be registered on title until the said time for appeal has lapsed when the applicants shall then register on title by way of Deposit a copy of the Form of Consent and shall forthwith thereafter forward to the Secretary of the Committee 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. CLASSIFICi.TION "Rl" Append 1 (a) Page 8 Meeting Committee of Adjustment, September 11, 1972: Application File "A"20a-72 W. Kay Lycett Q.C., Agent, Barrister & Solicitor, Orono, Ontario. Alan Joseph Duesbury Grace Victoria Duesbury Owners, 121 Waterloo Street, St. tvlarys, Ontario, for part of Lot 31'Con 5 Township of Clarke, Submission No. "A"20a-72_21 Application was made for exemption or partial exemption from provisions of sub -division control by-law 1592 as amended by by-law 1653 for a variance of required acreage of 40 acres for erection of a single family dwelling house, to 40,000 sq. ft. The Secretary reported that 22 notices of the said hearing hE.d been mailed in accordance with Item 5 of The Rules of Procedure. W. Kay Lycett Q.C.,-Barrister & Solicitor, Orono, Ontario, as agent appeared in support of this application. No other person appeared in sup, -ort of, or in opposition to this application. The Secretary -Treasurer presented the following material to the meeting:. 1. Correspondence from W. Kay Lycett Q.C., Barrister & Solicitor, Orono, Ontario, dated August 14, 1972 -"on behalf of our clients Alan Joseph Duesbury and Grace Victoria Duesbury we enclose their application for a minor variance in connection with their vacant land recently purchased from one Cowan. They wish to obtain a building permit allowing them to erect a single family dwelling house having an aree of 2400 square feet. Their property lies with- in an agricultural zone which forbids issuance of building permits on a parcel of less than 40 acres, hence this application becomes necessary to allow a variance from that acreage to 402000 square feet which is the area of their vacant lot. You will recall thet the subject lands were dealt with in a previous application for s verance filed by one Robert Allison Cowan." As a matter of record the whole Committee inspected this property at 10:30 a.m. on Labor Day, September 4, 1972 and the following facts were noted: 1. This prone:rty is in the Township of Clarke, abutting the Village of Orono; 2. No person was on the property concerned and the Committee spoke to neighbours next door who were working on their garden; as neighbours, they stated that they had no objection to the application and they confirmed they had received a hearing notice of the meeting; 3. This parti._ular area is one of "outstanding homes"; 4. The immediatearea is somewhat dominated by the "Forestry Farin" in Crono which abuts and sets a high tone for gardening and landscaping in the area; Following further discussion the Committee wire of the opinion that this was the last lot in an"infilling"operation in a "ribbon development" situation on the edge_of the Police Village of Orono and the severance already granted (ref. "B"11-72-7,1Ma' y 26/72), a minor variance necessarily follows. 'Phis application was granted on motion by E.F.R. Osborne seconded by K. Schoenmaker subject to the following conditions: , 1. TAKE WARNING ths.t this decision for a minor variance of the Clarke Township Committee of Adjustment Page 9 Meeting Committee of Adustment, September 11, 1972: 1. cont'd - IS NLT F_ i\SAL AND BIIJi,ING 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 FCH APPEI,L 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 decisicn 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 FUitTHER 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 10 "All sec 3 sub sec 7 item (b) Application File "A"23-72 Kenneth L. winters,Owner; R.R. 41 North, Orono, Ontario, for part of Lot 29, Con 6 (parcel 5) Township of Clarke, Submission No. "A"23-72-22 Application was made for exemption or partial exemption from provisions of sub -division control by-law 1592 as amended by by-law 1653 for permission to build a two -car garage on property 93' west from the centre of the road allowance and with its north wall approximately 25' south of the north boundary of the property. Said garage to be located in the front yard of the property. The Secretary -Treasurer reported that 20 notices of the said hez-,ring had been mailed in accordance with Item 5 of The Rules of Procedure. Kenneth L. winters, applicant, appeared in support of this application. No 'other person appeared in support of, or in opposition to this application. - As a m,,.tL-,r o record the whole Committee- inspected this property at 11:00 a.m. on Labor Day, September 4, 1972. i°ir. Winters accompanied the Committee and showed them the situation on the ground. The folloi:ing facts wer:_ noted: 1. A survey- pin was loci -ted at the entrance to the property; 2. The dwelling on the property is located on top of a hill with an outstanding view; 3. The driveway to the dwelling comes off the abutting north -south highway at right angles and then turns" approx. 90° south and climbs steeply to the dwelling; 4. The house faces west with a view window, although the road i:;, to the east of the house and the house would normally face the road, consequently the garage is in the "front yard" instead of the "rear yard"; 5. There appeared to be no real problem in meeting the 93' set back; 6. The situation is unique,and dictated by the particular topography and the snow problems occuring during the winter months; Page 10 Meeting Committee of Adjustment, September 11, 1972: Mr. winter::, under oath, verified the observations of the Committee and stated that he works in Toronto and permission to build a garage nearer the road allowance would alleviate some of the snow removal problem. Following further discussion this application was granted on motion by K. Schoenmaker, seconded by Q.F.R. Osborne, subject to the follo inc 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. 'TIIIS TIME FOR Al-iEI.L SS 21 DAYS FROC-1 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 sha,l 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 admir:istr,.,tive 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. CLASSIFIC:�TICN 10 "A" sec 3 subsec 7 item (b) Application File "B"28-72 J Klaas Schoenmaker Owners, Lamberdina Y7ilhelmina Schoenmaker, P.O. Box 134, Orono Ontario, Block "K", parts of Lots 1 & 2, Lot 28 Con 5, Police Village of Orono, Township of Clarke, Application was made for exemption or partial exemption from provisions of the Planning Act so as to permit the separation of a parcel of lend approximately 591x2721xll0.' being approximately 22,060 sq. ft.,,in area from the applicants' land in an "R1" Zone. Mr. Klaas Schoenmaker, applicant appeered in support of this application. Also appearing were the following persons- Pirs. Adele I,IcGill and Mrs. Joyce Rosseau abutting owners. No other person appeared in support of, or in opposition to this application. The Secretary -Treasurer reported that 25 notices of the said hearing had been mailed in accordance with Item 5 of The Rules of Procedure, Mr. Schoenmaker,member, declined to take part in this decision and Chairrnan,L.R.Lovekin conducted the hearing. The following material was presented to the meeting by Er. K. Schoenmaker, as applicant, under oath: 1. A certified Plan of Survey prepared by 1q,D.Brown OLS., 11069 121 Queen St. Bowmanville, +r68015A dated December 13, 1968, annotated "revised September 11, 1972" As a matter of record the Committee inspected this property at 9:00 a.m. Labor Day, September 4, 1972. This is an applica.ti_n by a member of this Committee, 1,1r. K1aas Scbeenmaker. Mr. Schoenmaker declared his interest and withdrew from any further participation in this inspection. The Chair;nan, E.R. Lovekin and member E.F.R. Osborne then continued and observed the following facts: Page 11 Meeting Committee of :adjustment, September 11, 1972: 1. As a member_ of the Committee owns this land, the Committee deemed it advisable to give the fullest reasons for their judgment; 2. The subject land concerned is loc=.ted in the Police Village of Orono, in the Township of Clarke and was acquired by Mr. Klaas Schoenmaker in an instrument of the 9th November, 19629 registered as N18028 in the - Registry Office for West Durham at Bowmanville, Ontario. 3. The property was purchased by way of Agreement of Sale and not by way of a De:�d with a Mortgage back. The Agreement is now being replaced by a Deed with a Nortgago back to the applica.nt's Credit union; the original Vendor being paid out; 4. The Committee wishes to point out some facts that they believe are significant: (a) Mr. Schoenmaker acquired this property before he was on the Committee of Adjustment. Indeed at the time he purchased the property, there was no Committee of Adjustment in the Township of Clarke; (b) The property concerned has been occupied by Mr. Schcenmaker and his family ever since it was purchased as a single family residence; (c) All property that has been disposed of since the applicant acquired an interest in the land has been land taken for public purposes,namely, drainage; i°ir. K. Schoenmaker, applicant, proceeded to present his application as follows: 1. He purchased the property in 1962 and it has been continuously occupied by his wife and himself. Before the purchase they had rented for approximately 1 year. This is a single family dwelling; 2. In answer to the Chairman's question -as to whether any of the land had been sold off the property in _which he had an interest to any individual persons, or was the land disposed of for public use? °ir. Schoenmaker replied th;t certain parts as shown on the plan were required by the Municipality for dra_nage purposes and storm sewers were installed by the Village of Orono; 3. Mr. Schoenmaker proceeded to indicate on the Plan of Survey the parts required, being: parts 3 & 6 for permanent storm sewer outfall; parts 795,4 and a part immediately east of part 3 having a width of 10' and a depth of approx. 21.5' for temporary working easements; before the deal was completed, the Police Trustees approached us re parts 2 and 8 and this was deeded to the Police Village for the sum of $1.001provided it would be maintained as a "green belt" area; 4. "Q" - to the best of _your knowledge, if you had not reached a settlement a7i.th the Corporct:i.on, could they have expropriated the land? "A" "yes" my understanding is that they could have expropriated only parts 3 and 6; 5. Aly reason for this applict,tion is that on October 1, 1972 I intend to'pay'orf the ,..greement of Sale, obtain a deed and mortgage the property to the third party. Therefore, I would like approval of this severance. It was a severance de facto. before sub -division control and before I became a member of the Committee of Adjustment. I have no immediate intention Of- selling my property. The request is to clear title as the Agreement of Sale becomes due on October 1, 1972. Page 12, Meeting Committee of Adjustment, September 11, 1972: Mr. Schoenmaker requested permission to amend his al -plication, stating that the Plan of Survey revealed a slightly larger area than estimated by him. The Committee granted his request and the area was changed from 22,060 sq ft. to 23,152 sq.ft. and the land remaining from 2 acres to 14 acres, initialled by i4r. Schoenmaker. Two persons appeared in connection with this application - (a) Mrs. Joyce Rosseau, an abutting owner. Following the presentation by the applicant, Mrs. Rosseau indicated that she was satisfied and made no comment; (b) Mrs. Adele II.cGill, an abutting owner stated the reason she attended the hearing wc2s thet her deed indicated that she was the owner of lot 2, Block "K" with a frontage of 961. Each of These lots is 661, "my deed says lot 2 which would be 66' and the southr_rly 30' of lot 3 which makes my 96' frontage." "Q'!"have you ever had a physical division of your land?" "A""I ple.nted trees, not as marking the edge of the lot but just where these trees could be planted." "I feel that'I own approx. 167.64' back to the edge of Church Street." The Chairman stated that it would appear to be a case of an over- lapping descri.tion or an error in description. "Q" "when the Police 'Trustees of the Village of Orono acquired the easements, did they approach you with regard to acquiring easements from your property?" "A" "no" Nirs. !McGill, having heard the application, stated that, she was of the opinion that lends that were encompassed lying north and designated as "lot lin$ on the Surveyor's Plan filed in this proceeding, were lands owned by her. The Committee, of course, have no way of knowing whether or not there is an overlapping description in the deed in this matter. The only evidence the Committee have before them is the evidence of the Plan made by an Ontario Land Surveyor which shows the property to be part of the property previously owned by the applicant under an Agreement of Purchase and Sale and purportedly conveyed to the Police Village of Orono for public purposes. The Committee, therefore, are of the opinion that any title problem is now a problem to be solved between Mrs. Plc Gill and the Police Trustees of the Police Village of Orono. The lands to be conveyed to the applicant, the severance of which is now being formally approved, do not encompass the lands' which firs. iicGill claims and the Committee could see no reason why this application should not be dealt with forthwith. The Committee further rioted that this approval of an Agreement for Sale predating the legislation is a well established practice by this Committee. The only difference- being that there has been part of the lana conveyed away, the land so conveyed away bei4g ccLnveyed for public purposes, partly for anomalous consideration and partly at an estimated expropriation value. While the Committee- heis every sympathy for the possible legal position of I°rs. i,icGill, they cannot see any reason for delaying this application since the granting of the applicati-on, in the Committee's opinion, is in no way prejudicial to her position. Application granted on motion by E.F.R. Osborne, seconded by E.':. Lovekin. Carried. CLAS= ICATION "R1" Page 13 Meeting Committee of AdjusL-ment, September 11, 1972: Application File "B"15-72 Percy 64illiam Allin, Owner, R.R. 92, Newcastle, Onterio, for part of Lot 21, Con 2, Township of Clarke, Submission No. "}l"15-72-15 As business arising from minutes of past meetings, this application was brought forw-:rd for further consideration. No person Lppeared in support of, or in opposition to this application. The Committee reviewed all the facts presented in this application; referred to the minutes of meetings May 23 and July4, 1972; recalled their inspection of the property on June 9, 1972 at which time the following facts were noted: The subject land is located on the west side of the road, south of the two room school, known as "Brown's School" and the subject of an application before the Committee (ref. "A"17-72); "The Newcastle Golf Course" is located on the east side of the road; • The subject lands were in an "agricultural zone" and not in an "RR" zone or an"R1" zone; The lot for which a severance was asked could not be classified as an infilling operation; The following is the decision of the Committee: The Planning i +ct of Ontario large parcels of land cannot be of land unless a proper consent conditions are met. Section 29, Section (2) (c) "'the land or any use of or acquired or disposed of by or Her Majesty in right of metropolitan municipal;Ly, municipality or coun;ty... " lays iL down as Law, that broken down into smaller parcels is obtained or otherspecified reads as follows: right- therein is being Her i�iajesty in right of Canada Ontario or by any municipality, regional municipality, district The Committee have, in the past, given full force and effect to the spirit of this provision by allowing The Director, The Veterans Land Act to acquire land for a veteran. The Director has in Law been held to be an agent of Her riajesty the Queen in Right of Canada and to permit The Director toacquire land, (the veteran$ it should be noted is not the registered owner), is to give full effect to the Law of Canada, namely, The Veterans Land Act and to prevent the Law from being over -ruled by the Planning Act. The Planning Act could probably have specifically over-rulled The Veterans Land Act, as property and civil ric_hts in the Province is a completely Provincial matter. No specific mention of The Veterans Land Act is made in the Planning Act, and, therefore, it appears perfectly reasonable to assume that an interpretation that lets both Acts stand side by side is a reasonable and legal course of action for any Committee of ;,djusL-ment or Land Division Committee to take. In order to clarify the matter this Committee feels that before any Official Flan was in efi-ect or even conceived, their decision to sever lands to be acquired by The Director was a sound decision. C Page 14 Meeting Commi'Ltce of Adjustment, September 11, 1972; The present application is on quite different grounds. In this case, The Director owns land and has told the Veteran that he is prepared to grant separate deeds, if the Veteran can obtain consent to sever under the Planning Act. The Director neither supports nor hinders the appliccL-icn; he simply stands neutral. The proposed severance and conveyance is not, according to evidence given, being applied for so as to convey land to a qualified Veteran. It is quite possible, in the opini,;n of the Committee, for the Director to "dispose of" the land in this case in two parcels without this Committee's consent in accordance with Section 29 (2) (c) of the Planning i'ct R.S.O. 1970 Chapter 349. The Director apparently does not intend to do that; rather his policy is to require formal consent be obtained. The position, in this case, therefore, is no different than if the applicant were the owner of the land. The fact the title is held under VLA makes no difference in this case. Treating this application on its merits, the Committee feels they are bound by the proposed Official Plan. Two, one acre estate lots are a possibility here but that is a, Planning Board decision and is not a land severance that is properly considered an "adjustaicnt" It is a policy decision for the Planning hoard and,Counc:i.l as to whether estate lots should be allowed in this area. Following consideration of all these facts, the Committee concluded that this application should be refused on motion by K. Schoenmaker and seconded by E.F.R. Osborne. Carried. CLASSI''IC.4TIJN 10 "A" Application File "A"19-72 Mike Antoniadis Owners, Nick Antoniadis R.R. 42 Orono Ontario, Petros Dratsidis Agent, 745 Darfor'Lh Avenue, Toronto 275, Ontario, for part of Lot 24, Con 8, Hi;hway #1151 Township of Clarke, Submission No. Application was made for exemption or partial exemption from Provisions of amending by-law 1653 for relief frcm�section 12 in order to permit the enlargement of egi.sting uses. Mr. Nick Antoniadis, applicant, accompcnied by his agent c`etros Dratsidis, a qualified archectural engineer operating as 'Tecton Design, 745 Danforth _vc. Toronto 275, Ontr=.rio, appeared in support of ,this application. The Secretary -Treasurer reported that 25 notices of the said,h.aring had been mailed in accordance with Item 5 of the Rules of Procedure. As a matter of record the whole Committee inspected this property at 11:30 a.m. Labor Day september 4, 1972. The unopened road allowance between concession 8 and 9 was located. From north to sou'Lh the Committee noted the following: 1. Near the northern part of the property a former square 2 storey frame house approx. 24' x 30' with a cement block front verandah was being demolished. To the rear of this house it appeared that a small frame barn built on a poured concrete foundation approx. 40' x 20' has recently been dc-mclished. J Page 15 Meeting Committee of Adjustment, September 11, 1972:. 2. To the south of this a 40' house trailer with a poured concrete patio sat in a fenced area and a 12' x 7 ' frame, former, ice cream stand, not being used, was south of this and then a restaurant garage combination approx. 36' x 57' frontage 50' on other side with a clear space of 45' to the south boundary. 3. From the sketch supplied to the Committee, it appeared that while the "land use" would remain the same or be more restricted i.e. gas station and restaurant remain; 2 storey (house and trailer to go;)the changes, building wise, were to be extensive. Mr. Petros Dratsidis, as agent, under oath stated the following facts: 1. All the old buildings will be demolished and the proposed restaurant and service station will be completely new. A private enterprise company will operate the gas station The Committee expressed some doubt as to whether this application should be to the Planning Board rather than to the Committee of Adjustment. The Committee found it rather stange that this property was not zoned"Highway Commercial" as they understand this has been the actual use for some time. The Chairman explained to the applicant Mr. Nick Antoniadis and to his Engineering Consultant that the Committee wished to hear their representations as to whether or not this matter was properly before the Committee or whether it should be referred to the Planning Board for their attention. Mr. Petros stated that he had discussed this matter with Mr. Best and Mr. Best was aware that the matter was to be brought before the Committee of Adjustment. The Chairman pointed out to the applicant that it would appear that the zoning of this particular land was'noir" "= "highway commercial" and that some thought should be given to suggesting that the amendments being considered on the official plan being promulgated should make some recognition of this exist- ing"highway commercial"use. The Chairman then asked the agent if he had a Plan of Survey showing the precise boundaries, prepared by an Ontario Land Surveyor. The Agent stated that he has a Plan of Survey which he will submit by mailing to the Secretary. The Chairman directed the Secretary to advise Mr. Horace R. Best, Secretary of the Planning Board by forwarding him a copy of these minutes. dratsidis The applicant's agent Mr. Petros/then produced the following plans for the Committee's perusal: 1. Plan of Restaurant, dated August 10, 1972; showing floor plan; 2. Restaurant and Service Station Site Plan, dated August 14,1972; 3. Photostat sketch of the restaurant front elevation showing full details of the roof which included sky light and was an unique design which, in his engineer's opinion, would improve the appearance of the building and area.Mr. Dratsidis stated that it would be a truss roof construction. 4. Rough sketch of the proposed service station. The Committee noted that the service bay area was a single service bay whereas the present gas station has a 2 bay service bay. Mr. Schoenmaker asked the size of the parking space, and the agent replied that there are approx. 64 - 9'x 20' parking areas with a 26' driveway inbetween. Page 16 Meeting Committee of Adjustment, September 11, 1972: 5. The agent was asked the size of the barn to be demolished and he answered the barn is 4414" long x 24.13" wide with a foundation wall of 7' 6" high. The agent had no measurement for the house in the process of being demolished but the Committee had approximated this on their attendance at the scene. The Committee noted that a non -conforming use may be reduced in size and the problems in the change of buildings is generally in the increase of size. The applicant's agent stated that the existing house on the property and the barn behind it was presently in the process of being demolished and will be completely demolished. Mr. Nick Antoniadis, the applicant, under oath, verified the facts as stated were the wishes of himself and his brother Mike Antoniadis and he confirmed that they will own and operate the Service Station. This application was adjourned for further consideration. CLASSIFICATICN 10 "A" sec 12 General Business The Secretary informed the Committee that she had received oral communication am by telephone from the following applicants that they wished to withdraw their application: William Storsbergen Bradley Derrick application "B"17-72 application "A"20"b"-72 Correspondence was dictated by the Chairman regarding these applications; Correspondence was dictated to Ontario Municipal Board regarding Application "B"4-72-9 Branislav Bogdanovic informing them, that not having received a reply to our letter of August 9, 1972 this file would be closed. This being all the business at this time, meeting adjourned at 1:00 a Secretary -Treasure,