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HomeMy WebLinkAbout10/03/1972Page 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. Page 2 Meeting in Committee, October E, 1972: 2. It is my intention to dispose of the remaining farm lands and buildings by sale to my son or some other person and it is not my intention to retain the vacant lot, the subject of this application, for the purposes of sale; 3. Under the By-laws of the Township of Clarke, I believe I am entitled to retain such a lot on cthe sale of my farm and my application is being made -under the pertinent section of By-law 1592 as amended by By-law 1653 of the Township of Clarke which section I believe is set out in paragraph J under section 1 of the appendix 1. AND I MAKE THIS SOLEMN DECLARATION conscientiously believing it to be true and knowing it to 'be of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. DECLARED before me at the ) Village of Orono in the ) County of Durham this 21st ) day of September, A.D. 1972. ) (signed) "W.K. Lycett" ) A Commissioner, etc. j "signed" "Robert Morton" The Committee perused the material present;_ made reference to.the minutes of meetings July 41 August 9, September 11, 1972; perused the Plan of Survey which had been presented at a Previous meeting; recalled their inspection of this property on July 21, 1972 and following further discussion this application was granted on motion by E.F.R. Osborne, seconded by K. Schoenmaker, subject to the following condition:. 1. That the following clause shall be included in the deed to the 1 acre parcel refained by the applicant Robert Morton: "SUBJECT to the restriction, limitation and condition that the lands herein described 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 a person `who is an immediate member of the "Morton" family for a period of five (5) years from the date upon which the decision of the Committee of Adjust- ment of the Township of Clarke to the within conveyance becomes final, such date to be as shown on the copy of the decision of the said Committee which is attached to and forms part of this Deed." CLASSIFICATION 10 "A" Append 1 "J" CARRIED . . 0 _ . ' . . 0 Page 3 meeting in Committee, October 3, 1972: Application "A"14 -72 - Mike Antoniadis Nick Antoniadis, R.R. 42 Orono Ontario, Petros Dratsidis 745 Danforth Avenue, Toronto 275, Ontario, for part of Lot 24, Con,8, Highway #115, Township of Clarke, Submission No. "A"14-72-19 Owners, Agent, As business arising from minutes of meeting September 11, 1972, this application was presented for further consideration. No person appeared in support of, or in opposition to this application. The Committee referred to the minutes of September 11, 1972, recalled their inspection of the property on September 4, 1972 and discussed the following facts: 1. The applicant herein has applied to enlarge a non -conforming use in the process of which, he will be demolishing existing buildings; 2. The property is located adjacent to combined Highways 35 and 115 and there are other commercial establishments in the immediate area; 3. The existing non -conforming use has been in operation for many years; 4. It was pointed out to the applicant that the existing zoning is agricultural and that it would be in his best interest to apply to the Planning Board for a change of this zoning; the applicant has apparently done this and he is, therefore, persuing to remedy simultaneously; 5. The Committee do not feel that by permitting the enlargement of a non -conforming use they are in any way violating the spirit and intent of the proposed Official Plan; 6. The Committee noted, on checking the application form, Sec. 18 "Municipal services available" was improperly completed and that the proper answer to all questions are "no"; In conclusion the Committee are, therefore, prepared to permit the applicant to expand his non -conforming use in accordance with the plans filed. In reaching this decision the Committee were influenced by the fact that the applicant by tearing down an old house and barn, had destroyed those buildings which were unsightly and were replacing them with a modern planned building and parking space which was a logical expansion of the existing non -conforming use. Application granted on motion by K. Schoenmaker, seconded by E.F.R.,Ogborne, 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; Page 4 Meeting in Committee, October 3, 1972: 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. CLASSIFICATION 10 "A" Sec 12 General Business - The Secretary -Treasurer presented the following material to the meeting.: 1. Newsletter dated September, 1972 from Ontario Planning; 2. A document from Ontario Municipal Board re the matter of an appeal by Jean Goode against a decision of the Committee of Adjustment, numbered O.B. No. 4179 folio No. 272, dated September 25, 1972, signed "K.C. Andrew" Secretary which stated: "The Board Orders, under and in pursuance of the legislation above referred to, that this appeal be and the same is hereby allowed in part, the decision of the Committee of Adjustment varied, and that the application by Jean Goode for a variance be and the same is hereby granted to the extent only to permit the erection of a building having a setback of 90 feet from the centre line of the road." 3. Planning Board Minutes dated September 21; August 11, August 17; August 24; August 30, 1972; Correspondence was dictated; Forms of Decisions signed; The question of processing applications filed very close to the 10 day deadline required by the Planning Act was discussed and it is quite apparent that in order to deal with these applications, the Secretary Mrs. Yeo requires additional help on occasion. It was moved by E.F.R. Osborne and seconded by K. Schoenmaker that Mrs. Yeo be authorized to obtain the assistance of Mrs. Watson as and when required. Carried. The Secretary was instructed to send a copy of these minutes to Mr. H. DeWith, Treasurer, in order that arrangements to pay Mrs. Watson would be made, and a copy to the Clerk - Administrator Mr. Bruce Collins. In order to permit the proper administrative work to be completed before the 10 day deadline for the mailing of hearing notices as required by the Planning Act, it was moved by K. Schoenmaker and seconded by E.F.R. Osborne that no applications will be accepted for a hearing date unless filed with the Secretary 15 days before the scheduled hearing date. Carried. The re -appointment of Mr. E.F.R. Osborne, member was discussed. Mr. Osborne agreed to let his name stand for a further term and the Secretary was instructed to inform Mr. B. Collins, A.M.C.T., Clerk -Administrator. This being all the business at this time, 7:00 ng jour d at p. .. '�-.Pa`vi•rrPe „ter — t / •-iii Secretary_Treasurer