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HomeMy WebLinkAbout10/02/1972MEETING OF THE COMMITTEE OF ADJUSTMENT Monday, October 2, 1972 at 7:00 p.m. Council Chamber, Orono, Ontario. Present: E.R. Lovekin B.A. LL.B. Chairman, K. Schoenmaker, Member, E.F.R. Osborne, Member, Mrs. Ellen M. Yeo, Secretary -Treasurer The minutes of meeting September 11, 1972 were approved on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. Chairman E.R. Lovekin announced that due to a previous commitment he would be leaving the meeting at 8:30 and Mr. Schoenmaker, Sr. Member would then conduct the hearing. The following applications were then considered with Chairman E.R. Lovekin in attendance. Application "A".16-72 W. Kay Lycett Q.C., Agent, Barrister & Solicitor, Orono, Ontario, Margaret Lynn Haitsma, Owner, Orono, Ontario, for part of Lot 10, Block 7, Hanning Plan, Police Village of Orono, Lot 28, Con 5, Township of Clarke. .Submission No. Application was made for exemption or partial exemption from provisions of amending by-law 1653 for the following: permission for use of not more than 25% of the floor area of the dwelling house on the subject lands for the purpose of a beauty and hairdressing parlor thereby extending the application of paragraph "C" under Sub -section 4.1 under section 4 in an "R1" zone. The Secretary -Treasurer reported that 26 notices of the said hearing had been mailed in accordance with Item 5 of the Rules of Procedure. Mrs. M.L. Haitsma, applicant, accompanied by her agent W. K. Lycett Q.C., appeared in support of this application. No other person appeared in support of, or in opposition to,this application. The Secretary presented the following material to the meeting-- 1. eeting: 1. Correspondence from W. Kay Lycett Q.C.,. dated September 20, 1972. The Committee noted the contents thereof and instructed the Secretary to include the relevant facts in these minutes - "Mrs. Haitsma is a hairdresser carrying -on business in a rented establishment in Orono and at the present time for various reasons she would like to operate this business from her home. The property, we believe is zoned residential and this application is being made for the purpose of extending the application of paragraph C of Sub -section 4.1 section 4 of the existing By-law Number 1653 so as to include as an exception from the other provisions of the said By-law, the business of hairdressing. We believe that this is a reasonable request in view of the fact that there is a similar use of nearby property which existed prior to the By-law." Page 2 Meeting Committee of Adjustment, October 2, 1972:. Mrs. Haitsma, under oath, verbally acknowledged that Mr. Lycett was her agent and Solicitor and upon being shown the letter from Mr. Lycett agreed that the referenced letter expressed her desire in this matter. In answer to questions regarding the proposed hair- dressing establishment she stated, in her opinion, there would be sufficient parking space for 4 to 5 -cars. She considered the driveway to be wide enough for this purpose. As to the general character of the area, this is a residential zone with homes on each side of the road and another hairdressing parlour is located across the road. This application was adjourned to enable the Committee to inspect the property. CLASSIFICATION "R1" Application File No. "B"33-72 Daniel Katz, Owner, C/o 119 Adelaide St. W., Suite 109, Toronto, Ontario, Harry Katz,, Agent, 16 Duncannon Dr., Toronto, Ont., for.part of Lots 3,& 4, Con 4, Township of Clarke, Submission No. 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 40.92 acres from the applicant's land. The Secretary -Treasurer reported that 24 notices of the said hearing had been mailed in accordance with Item 5 of The Rules of Procedure. Mr. Harry Katz, agent and father of the applicant appeared in support of this application. No other person appeared inosupport of, or in opposition to this application. The Secretary presented the following material to the meeting:. 1. Plan of Survey #72134 showing outlined in "black" the subject land of 40.92 acres containing a frame dwelling, frame barns, silo and also outlined in "black" a - remaining parcel of 62.97 acres.. This Plan of Survey is undated and unsigned although the printed name of "M.D. Brown Ontario Land Surveyor 1106" is shown; 2.,,A signed authorization by "Daniel Katz" - authorizing his fa$er Harry Katz to act as agent; Mr. Harry Katz under oath stated as follows: 1. This is an application to sever an area of 40.92 acres containing a frame dwelling, barns and silo and retain an area of 62.97 acres;. 2. The farm is presently rented to the original owner, one Mr. Joseph Francek, who is farming the land and pasturing some cattle; - 3. There is no intention, at present, of selling the property. His son, Daniel Katz, is interested in the proposed severance and this creation of two agricultural lots is intended for his son and himself with the Page 3 Meeting Committee of Adjustment, October 2, 1972:. 3. cont'd - possibility of a housebeing built on the remaining 62.97 acres for himself; 4. The property is quite scenic and to his knowledge, there is no natural line of division between these properties. This application was adjourned to enable the Committee to inspect the property. CLASSIFICATION 10 "A" Applications File "B"29-72; "B"26-72 nBT'2 7-72 Charles Lambier, Owner, . R.R. 41, Campbellcroft, Ontario, for part of Lots 3 & 4, Concession 8, Township of Clarke, Submission No. "B1125_72 Submission No. "B"26-72 Submission No. "B"27-72 Three applications were made for exemption or partial exemption from provisions of the Planning Act so as to permit the separation of parcels of land from the applicant's land as follows:, File "B"25-72- parcel "A" - 68 acres more or less; File "B"26-72- parcel "B" - 60 acres more or less; File "B"27-72- parcel !C" - 44 acres more or less; The Secretary -Treasurer reported that 2d notices of the said hearing had been mailed in accordance with Item 5 of The Rules of Procedure. Mr. Charles Lambier, owner and applicant, appeared in support of these applications. No other person appeared in support of or in opposition to these applications. The Secretary presented the following material to the meeting:. 1. A photostat sketch plan for each application on which is outlined the parcel of land ccncerned. The Committee noted that there is a remainder of approx. 28 acres, more or less, which will be retained by the applicant containing several buildings and a dwelling; 2. Haliburton,Kawartha,Pi.ne Ridge District Health Unit Report dated August 16, 1972 signed "R.J. MacNaull, Public Health Inspector; and signed "G.F. Hutchings" Chief, Public Health Inspector; As a matter of record the whole Committee inspected the subject land on Labor Day, September 4, 1972. The Committee visited Mr. Lambier's home in Hope Township, but he was not there. The Committee spoke to several tobacco workers and stopped at Pir. Lambier's brother's property in Lots 1 and 2 and finally located Mr. Lambier on the subject land in question. The following facts were noted: - 1. Mr. Lambier's daughter and son-in-law live on the subject land and are full time farmers; 2. This is a large tobacco growing operation occupying the full time of Mr. Lambier and his family; . . . . . . Page 4 Meeting Committee of Adjustment, October 2, 1972: 3. On the property in question there are 53 Cres of tobacco rights. There are about 29.18 acres of tobacco rights on lands in Hope Township. 4. Mr. Lambier explained that he has no immediate prospect of selling his land but has made these applications to clarify his position. Mr. Lambier, under oath, stated that he is acting as his own agent. The Chairman E.R. Lovekin asked the following questions:. 1• %"have you conducted a bona fide flu cured growing operation on these lands as a family farm in conjunction with your daughter and son=in-law?" "A" "yes"; 2. "Q""how long have you been a tobacco growerr, "A" "for approximately 20 years. The major source of,my income has been from growing flu cured tobbaco, it is the only business I know." �. "Q" "did you buy this "A" "I didn't buy the off lots, I bought it land for purpose of resale"? farm for purpose of selling, and used it to grow tobacco; 4. "Q" "who holds the tobacco growing rights on these lands?" "A" "I own them, I am not a share grower. I want to be in a position to lease, sell or retain these tobacco growing rights and to do this I need the land divided." Following further discussion the Committee stated that they were satisfied of the bona fides of this application and Mr. Lambier was requested to submit a certified Plan of Survey for each parcel to be severed. He was also advised that he should not retain abutting lands and it was recommended he consult professional advice to prevent confusion and mistakes in conveyancing. These applications were adjourned awaiting receipt of a proper Plan of Survey prepared by an Ontario Land Surveyor for each lot to be severed. CLASSIFICATION 10 "A" Applications File "B"29-72; "B"30-72 iiB"31-72 "B"32-72 Donald and Shirley Henry, Owners, R.R. #2, Orono, Ontario, Sheldon Fischman Esq., Agent, Hyman,Diamond & Fishman, Barristers & Solicitors, 136 Simcoe St. N., Oshawa, Ontario, for part of Lot 31, Con 6, Township of Clarke, Submission 11191129-72 Submission "B1130-72 Submission 4B�131-72 Submission 01B1132-72 Four applications were made for exemption or partial exemption from provisions of the Planning Act so as to permit the separation of parcels of land from the applicants' land as follows: File "B"29-72 - Lot 1 - 121.35' x 150' File "B1130-72 Lot 2 - 125' x 150' File 1. 18731-72 _ Lot 3 - 125' x 150' File :'B"32_72 _ Lot 4 - 138.65' x 320' in an agricultural zone. Page 5. Meeting Committee of Adjustment October 2, 1972: Sheldon Fischman Esq., Barrister & Solicitor, appeared on behalf of the applicants in support of these applications. No other person appeared in support of these applications. The Secretary -Treasurer reported that 30 notices of the said hearing had been mailed in accordance with Item 5 of The Rules of Procedure. The Secretary presented the following material to the meeting: 1. Direction signed "Shirley Henry" dated 20th day of September,_1972 appointing Mr. Sheldon Fischman to act as agent; 2. Haliburton, Kawartha, Pine Ridge District Health Unit report dated September 25, 1972 signed "R.J. MacNaull, Public Health Inspector and signed "G.F. Hutchings" Chief, Public Health Inespector;, 3. Photostat copies of a Plan of Survey, for each application on which is sketched the area of each lot concerned, said Plan of Survey prepared by Donevan and Fleischmann Co. Ltd., OLS, 11 Ontario St. Oshawa Ontario, dated December 19, 1967, Job No. 16191 annotated "house location on 150' lot August 14, 1970. Job 19566; 4. Correspondence dated October 2, 1972, signed "Horace R. Best" Secretary -Treasurer, Clarke Planning Board._, The Committee noted the contents thereof and instructed the Secretary to include this letter in the minutes: "the above referenced applications were presented for this Board's consideration at the regular meeting held on Thursday, September 21, 1972. In reviewing these four applications for severances, the Board noted that if consent were granted it would create four building lots which would not meet the provisions of By -Law 1653 or conform to the guide lines as set forth in the draft of the Official Plan. In respect of the foregoing, we hereby advise of the following motion as recorded in the minutes of the aforementioned meeting. It was duly moved, seconded and carried that the secretary be instructed to notify the Committee of Adjustment of this Board's objection to the granting by the Committee of the above referenced applications." Mr. S. Fischman stated as follows: 1. He had been aWinted by Mrs. Shirley Henry to act for herself and her husband and he was also appearing on behalf of the proposed purchasers Messrs. Donato Mastroianni and Rosaldo Russo, both of the City of Oshawa, Ontario, so that he appeared, in effect, for both the proposed purchasers and the vendors; 2. The proposed purchasers wish to divide this piece of property into 4 other separate lots with different frontages; Page 6 Meeting Committee of Adjustment October 2, 1972: 3. The two proposed purchasers have an equitable interest in the land by virtue of an Agreement of Purchase and Sale entered into between Donald G. Henry and Shirley Ann Henry, dated the 25th day of August, 1972 and accepted on the 28th day of August, 1972, the said Agreement of Purchase and Sale being conditional upon the purchasers being able to sub -divide the lands in question. The Committee stated that this area is fairly well known to them and also this area is zoned "agricultural". Mr. Fischman replied that he was aware of the zoning restrictions but a number of lots had been built on, immediately to the east of this property and there are quite a number of houses across the Taunton Road, to the south. The Chairman informed Mr. Fischman that the character of the area was established by a series of deeds which sub -divided a number of lots from adjoining farm properties before the passing of the by-law. Mr. Fischman was given the letter from the Planning Board to read and the Secretary was instructed to prepare a photostat of same for Mr. Fischman. Following further discussion Mr. Fischman requested permission to adjourn these applications for the time being as he wished to discuss these matters with the Planning Board. These applications were adjourned as requested and Mr. Fischman Will be notified of the date of the next meeting. CLASSIFICATION 10 ,All 8:30 p.m. The meeting was adjourned for 10 minutes, after which Mr. K. Schoenmaker senior member conducted the hearing in the absence of the Chairman, E.R. Lovekin. Application File No. "B116-72 A.G. Perrin, Owner, R.R. #2, Newcastle, Ontario, for part of Lot 17, Con 3, Township of Clarke, Submission No. "13"6-72 Mr. Alfred Perrin appeared at the meeting and requested permission to amend his application. He now wishes to sever a centrally located parcel of 40 acres which would in effect create three parcels. He intends to retain one 40 acre parcel which would give him access to part of the creek. Following further discussion the Committee informed Mr. Perrin that he would be permitted to amend his application and advised him that he should consult an Ontario Land Surveyor as to a suitable division of the land and when this is done, the Committee will review this application. Mr. Perrin's attendance at the meeting was for an interview only, therefore, no person appeared in support of, or in opposition to this application. This application was adjourned to enable Mr. Perrin to decide on how he wished to change his application after consulting with his Surveyor and until such time as a Certified Plan of Survey is presented to the Committee. CLASSIFICATION 10 "A" . . . . . . 0 . Page 7 Meeting Committee of Adjustment, October 2, 1972: Application File "B"23-72 Eleonore Adams, Owner, Newtonville, Ontario, for part of Lot 9, Con 1, Township of Clarke, Submission No. "B"23-72 As business arising from minutes of.meeting September 11, 1972 this application was presented for further consideration. As a matter of record, Chairman E.R. Lovekin has disqualified himself from any participation in this application as he has represented Mr. Adams as Solicitor in matters associated with this property, therefore, Mr. K. Schoenmaker, senior member, is conducting the hearing on this application until it is finalized. Mrs. Eleonore Adams and her husband Mr. James Adams appeared in support of this application. No other -person appeared in support of, or in opposition to this application. Mr. Adams was reminded that he was still under oath when he presented the following material to the meeting:. 1. A certified Plan of Survey, prepared by M.D. Brown, OLS., dated July 12, 19667 #66092 which forms part of a registered deed #N303311 registered July 27, 1966 in the Registry Office Bowmanville, Ontario; Mr. Adams stated as follows: 1. The house is located on the 8 acre parcel as shown on the Plan of Survey and has a frontage of 173' on Highway #2. The driveway is located on ,the East side of the house; �. All the land is presently being used as pasture land and a fence approximately 30' to the south of the residence has been erected to keep the cattle confined to the pasture area. 3. He wishes to sever the land to allow access to the barn and a well which is located west of the barn; Mr. Adams then sketched the approximate location of the barn and well and a line of willows to the west of the barn and well. The Committee informed Mr. Adams that he would require a lot in area of one,acre in an "RR",zone. Mr. Adams stated - that to comply with this restriction he would have to increase the area of the lot to the westof the willows and fatther south for extra frontage resulting in an "L" shaped lot. Following further discussion the Committee recommended that Mr. Adams consult an Ontario Land Surveyor as to a suitable division of the land of an area of 1 acre, in order to retain the house and still leave access to the barn and well. Application adjourned to enable Mr. Adams to consult his Surveyor and upon receipt of a proper Plan of Survej this application will be given further consideration. Page 8 Meeting Committee of Adjustment, October 2, 1972: This meeting was adjourned at 9:30 p.m. on motion by K., Schoenmaker and seconded by E.F.R. Osborne to be re -convened at 5:00 p.m, the following day, Tuesday October 3, 19.22,_a� which time E.R. Lovekin Chairman, will be in �i Secretary-Treasur r rman MEETING IN COMMITTEE Council Chamber Orono," Ontario. Present: E.R. Lovekin, Chairman, K. Schoenmaker, Member, E.F.R. Osborne, Member, Mrs. Ellen M. Yeo, Secretary -Treasurer The meeting of.the Committee of Adjustment re -convened on Tuesday at 5:00 p.m. in the Council Chamber, Orono, Ontario, with all the members and the Secretary -Treasurer present. The applications presented and oral representations on same, made at the meeting held on October 2, 1972, were reviewed with Chairman, E.R. Lovekin and decisions were made onthe following applications: "B" 21-72-18 Robert Morton, Owner, R.R. #1, Kendal, Ontario, ,W. Kay Lycett Q.C., Agent, Barrister & Solicitor, Orono, Ontario, for part of Lot 18 Con 6, Township of Clarke, Submission No. 11B"21-72-18 As business arising from minutes of past meetings, this application was presented for further consideration. W. Kay Lycett Q.C., agent for the application, 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 & Solicitor, Orono Ontario,_dated September 13, 1972 with Declaration attached - "I, Robert Morton of the Township of Clarke in the County of Durham, Farmer, HEREBY SOLEMNLY DECLARE AS FOLLOWS: 1. I am the applicant in the above noted application and I am the registered owner in fee simple of farm lands comprising more than 100 acres and being the southerly portion of Lot 182 Concession 6 of the Township of Claft and,in the above noted application I am seeking to sever from the farm property a vacant build- ing lot which I intend to use for my own residential purposes on my,retirement from the farming business.