HomeMy WebLinkAbout11/06/1972MEETING OF THE
COMMITTEE OF ADJUSTMENT
Monday, November 6, 1972 at 7:00 p.m.
Council Chamber,
Orono, Ontario.
Present: E.R. Lovekin B.A. LL.B., Chairman,
K. Schoenmaker, Member,
E.1''.R. Osborne, Member,
Mrs. Ellen M. Yeo, Secretary -Treasurer
The minutes of'meetings October 2, Meeting in Committee,
October 3 and Inspection Report October 19, 1972 were approved
on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried.
Application File "B1123-72 Eleonore Adams, Owner, '
Newtonville, Ontario,
for part of Lot 9, Con 1,
Township of Clarke,
Submission No. "B"23-72-20
As business arising from minutes of past meetings, this
application was brought forward for further consideration.
As a matter of record, Chairman E.R. Lovekin disqualified
himself from participation in this decision as he represents
Mr. Adams in matters associated with this property, therefore,
Mr. K. Schoenmaker, senior member, conducted the hearing on this
application.
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, being reminded that he was still under oath
stated the following facts:
1. He had consulted his Surveyor, as to a suitable
division of the land, upon the recommendation of
the Committee at their last meeting;
2. He wishes to sever the parcel of 7.01 acres as
outlined in "red" on the said Certified Plan of
Survey as prepared by M.D. Brown OLS., Bowmanville,
Ontario, #66092, dated July 12, 1966 and annotated
"additions and revisions November 2, 1972"; this
severance will leave the required area in an "RR"
zone;
The Committee perused the Plan of Survey and noted that
the area to be retained by the applicant will be 1.45 acres
on which is situate the dwelling house and a frame barn and
the area to be severed is now 7.01 acres.
Mr. Adams requested permission to amend the application
in accordance with the Plan of Survey. This request was granted
and the changes initialled by Mr. Adams.
The Committee referred to their meetings of September 11
and October 2, 1972; recalled their inspection of the property
on July 21, 1972 and were of the opinion that the applicant
had complied with the conditions imposed as evidenced in former
minutes.
Application granted on motion by K. Schoenmaker, seconded
by E.F.R. Osborne. Carried.
CLASSIFICATION "RR"
Page 2
Meeting Committee of Adjustment, November 6, 1972:
Application File "B"24-72 Gerrit and Dieuwke Rekker, Owners,
Millson Hill Drive,
Orono, Ontario,
for part of Lot 28, Con 5,
Police Village of Orono,
Township of Clarke,
Submission "B"24-72-22
As business arising from the minutes of meeting September 11,
1972, this application was brought forward for further consideration.
Mr. John Rekker, son of the applicant, appeared in support of
this application. No other person appeared in support of, or in
opposition to this application.
Mr. John Rekker, under oath, and on behalf of the applicant,
his father, presented the following material tothe meeting:
1. Photostat certified Plan of Survey, prepared by
M.D. Brown OLS., Bowmanville, Ontario, #69062,
dated May 22, 1969, annotated "additions November 2,
1972" on which is outlined in "red" the area
to be severed;
Mr. Rekker confirmed that the "subject lands" as shown orI the
said Plan of Survey are to be conveyed to an abutting owner
one Mrs. Wilhelmina Peeters who wishes extra land for gardening
and recreational purposes to meld with their property.
The Committee recalled their inspection of the property on
Labor Day, September 4, 1972 at which time the applicant Mr.
Gerrit Rekker discussed the transfer of property between himself
and the abutting owner,and the fact that this property would not
be built on and will become cultivated "greenbelt".
The Committee were of the opinion that the applicant had
complied with the conditions imposed as evidenced in former
minutes and this application was granted on motion by K. Schoenmaker,
seconded by E.F.R. Osborne. Carried.
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. "B"33-72-31
As business arising from minutes of October 2, 19727 this
application was brought forward for further consideration.
Mr. Harry Katz, agent and father of the applicant, appeared
in support of this application. No other person appeared in support
of, or in opposition to this application.
As a matter of record the whole Committee inspected this,
property on Thursday, October 19, 1972 and spoke to one Mrs.
K. Francek who stated that she and her husband had sold the
property to the applicant Daniel Katz in April of this year,retain-
ing the right to stay on the property for one year. She also
stated that Surveyors had been on the property.
Mr. Harry Katz, father of the applicant, was then sworn,.,
and stated the following facts:
1. His son Daniel Katz is the registered owner
of this property who purchased it approximately
8 months ago. This area is very scenic and his
son wishes to retain the 40 acres on which there is
Page 3
Meeting Committee o€ Adjustment November 6, 1972:
1. cont'd
a dwelling and several farm buildings. The
creation of two agricultural lots will enable
other members of the family to live on the
property as it is intended to build a home
on the remaining 62.97 acres;
2. In reply to a question from Chairman G.R. Lovekin
as to whether there is any intention to apply
for re -zoning of either parcel to a"commercial use"
Mr. Katz replied "no, the division was to have
separate ownership in his own family for single
family dwellings"
The Committee noted that this land has never been subject to a
severance although the former owner could have applied for a
"farmer retaining a lot".
Following further discussion it was explained to the applicant's
agent Mr. Harry Katz that the Committee do not -give any final
decision until a certified Plan of Survey prepared by an Ontario
Land Surveyor has been submitted with the supporting documentation.
Mr. Katz indicated that he would see that the Committee would be
supplied witha proper Plan of Survey and this application was
adjourned awaiting receipt of the requested material.
CLASSIFICATION 10 "A"
Application File No. "B"34.72- Harry A. Kuehn, Owner,
R.R. #19 Newtonville, Ontario,
for part of Lot 6, Con 2,
Township of Clarke,
Submission No. B1134 -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 36 acres from the applicant's
land in an Agricultural Zone.
The Secretary -Treasurer reported that 27 notices of the said
hearing had been mailed in accordance with Item`s of The Rules
of Procedure.
Mr. Harry A. Kuehn, applicant, accompanied by Mr. Murray
Payne, the proposed purchaser, appeared in support of this
application. Mrs. Murray Payne also appeared. No other person
appeared in -support of, or in opposition to this application.
Prior to consideration of this application, the Committee
referred to a previous decision of this Committee in regard .
to the same owner and the same lands and read this file "mutatis
mutandis" with this application. (ref "B"22_69-196 Feb 9/70)).
Mr. Harry A. Kuehn, under oath, _stated the following
facts:
1. Approximately 511 years ago he purchased a farm
containing approximately 100 acres. Three years
ago he sold 40 acres and retained 50+ acres. He
now wishes to sell 36 acres to an adjoining owner
and retain 14 or 15 acres with the existing buildings
in his name;
2.. His main source of income within the meaning of the
Income Tax Act is from an agricultural pursuit, mainly,
the rearing of rabbits;
Page 4
Meeting Committee of Adjustment, November 6, 1972:
3. The land he wishes to retain with the existing buildings
constitutes a viable economic agricultural unit;
4. In answer to a question regarding odour and waste disposal
Mr. Kuehn answered, there was no problem in this regard.
Following further discussion the Committee explained to the applicant
that since he is in an agricultural zone, any severance of land in
a unit under 40 acres would be in contravention of the existing
land use by-law. ,
Mr. Murray Payne under oath stated facts and answered questions
as follows:
1. He owns lots 7 & 8, concession 2 in the Township
of Clarke;
"q" does this land that you own abut the unopened
road allowance between lots 6 & 7?
"a" "yes". The lots number from east to west;
"q" your lot 7 is west of the property now being
,sought to be sold?
"a" "yes" 120 acres which is separated from the proposed
severance by an unopened road allowance.
"q" what is the purpose for which you wish to
own this land?
"a" for farming and pasture;
"q" what is your total farming operation in this
particular area?
"a" 320 acres. The total of all my farms is 600 acres;
"q" is your main source of income derived from
agricultural pursuits?
"a" totally.
"q" how long have you been farming in this area;
"a" since 1957 and previous to 1957 I farmed.in
partnership with my father and brother. I have
carried on a farming operation in conjunction
with other members of my family since a very young
age. I am engaged in a bona fide farming operation.
Application adjourned to enable the Committee to inspect the
property.
CLASSIFICATION 10 "A"
Application File "B"35-72
Norman and Evelyn Ruth Brown, Owners;
R.R. #2 Bowmanville, Ont.,
L.C. Mason,Q.C., Agent,
Barrister & Solicitor,
Box 129, 135 Wellington 5t.,
Bowmanville, Ontario,
for part of Lot 7, Con 4,
Township of Clarke,
Submission No. "B"35-72
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 4712 acres from the applicants'
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. and Mrs. Norman Brown, applicants, appeared in support of
this applicationt No other person appeared in support of, or in
opposition to this application. 0 . . .
Page 5
Meeting Committee of Adjustment, November 6, 1972:
Mr. Brown, under oath stated the following facts:
1. He owns approximately 95 acres of land in the
Township of Clarke which has been used as pasture
land for approximately 5 years. This is a separate
parcel of land. He now wishes to sever 472 acres
with a remainder of 472 acres;
2. He lives in the Township of Darlington and operates
a dairy farm there. The property in the Township
of Clarke is of little use to him. He has no
intention of building a house on this land at the
present time and would continue to pasture it
for the time being.
This application adjourned to enable the Committee to inspect
the property.
CLASSIFICATION 10 "A"
Application File "B"37-72
Herman B. Horstman, Owner,
Newtonville, Ontario,
W. Kay Lycett Q.C., Agent,
Barrister & Solicitor,
Orono, Ontario,
for part of Lot 10,
Con 1,
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 2 acres from the applicant's
land for addition to adjoining landowners parcel in an area
zoned partly "agricultural" and "RR".
The Secretary -Treasurer reported that 28 notices of the said
hearing had been mailed in accordance with Item 5 of The Rules
of Procedure.
Herman B. Horstman, applicant, accompanied by his agent
W. Kay Lycett Q.C., appeared in support of this application. No
other person appeared in support of, or in opposition to this
application. The following persons appeared as observers -
Mr. Peter Willems, Newtonville Ontario, Mr. Samuel Shetler,
Newtonville, Ontario. Mr. Ben Angi, the proposed purchaser appeared
in support of this application.
The Secretary presented the following material to the meeting:.
1. Correspondence from W. Kay Lycett Q.C., Barrister
& Solicitor, Orono, Ontario, dated October 23, 1972.
The Committee noted the contents thereof;
The Committee referred to a previous severance granted
Mr. -Horstman on April 14; 1969 at which time Mr. Horstman conveyed
to Mr. Ben Angi 0.95 acre for a residential lot. (ref. "B"177-69-159).
Mr. Horstman originally owned 28 acres.
Mr. Horstman, under oath, indicated on the Plan of Survey
presented with the previous application, the area of 41,360 sq ft
(0.95 acre), said Plan of Survey prepared by M.D. Brown OLS.,
#68093A dated April 10, 1969. He now wishes to sell to Mr. B.
Angi and additional 2 acres which will increase Mr. Angi's total
holding by two acres more or less.
Mr. Horstman also stated that he had bought this property in 1960
and sold the 0.95 acre parcel to Mr. Angi in 1969. There is no
problem with the road which is always plowed and kept in good
condition. The land is presently rough pasture land.
Application adjourned to enable the Committee to inspect the
property.
CLASSIFICATION 10 "A" and "RR"
Page 6
Meeting Committee of Adjustment, November 6, 1972:
Application File "B"36-72
Carl Todd Owner,
R.R. #1,
Newtonville, Ontario.
Rowland Spencer, Agent,
Real Estate Agent,
137 King St. E.,
Bowmanville, Ontario,
for part of Lot 2, 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 of approximately 80 acres into two 40 acre
parcels of land in an agricultural zone.
The Secretary -Treasurer reported that 21 notices of the said
hearing had been mailed in accordance with Item 5 of The Rules
of Procedure.
Mr. Carl Todd, applicant, accompanied by his agent Mr•
Rowland Spencer, Real Estate Agent, Bowmanville, Ontario,
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. Letter of Authorization signed "Carl L• Todd" per "M.T."
authorizing Mr. Rowland Spencer to act as agent
in this application;
Mr. Carl Todd, under oath, stated the following facts:
1. He is the owner of 80 acres separate and apart
from his farm of 100 acres. These two parcels
are separated by a Township Road in that the 80
acres are situate in Lot 2, Concession 4; and
the 100 acre parcel is situate in Lot 2, Concession
5. He also sharecrops 135 acres;
2. He has carried on a farming operation for approximately
40 years;
3. He now wishes to sever approximately 40 acres
from the 80 acre parcel as outlined in a sketch
of survey prepared by M.D. Brown OLS., dated
November 6, 1972, #68021 - A•
4. The southern portion of this parcel is very poor and
has only 3 or 4 acres of workable land which is too
far away from his farm and too small to work economically.
This application was adjourned to enable the Committee to
inspect the property.
CLASSIFICATION 10 "A"
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Page 7
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Page 8,
Mg@ting Committee of Adjustment, November 6, 1972:
2 cont'd
land in your immediate vicinity to a category
permitting two dwellings on one ten acre lot. We
quote Mr. Carney's comments, "The Branch's policy
is that non -agricultural -uses. should be restricted
in the rural areas and located in existing communities.
The proposed by-law, therefore appears to be in conflict
with the Branch's policy". :We regret to inform you
that in view of Mr. Carney's comments a motion was
duly moved,• seconded, carried and recorded in the
minutes of the aforementioned meeting whereby the Board
took no action pertaining to your request. "Horace R. Best"
Mr. Stein informed the Committee that he was not too familiar
with these applications whereupon the Chairman E.R. Lovekin out-
lined -the facts as presented at the meeting on October 2, 1972
and explained to Mr..Stein that this area is in an Agricultural
Zone and before the passing of the by-law a number of lots had been
established by a series of deeds which sub -divided a number of
the lots from adjoining farm properties.
Following further discussion with Mr. Stein the Secretary
was instructed to present the minute book containing the facts
of these applications to Mr. Stein for his perusal and information.
This being done, the Committee intimated that their decision will
be forwarded to Mr. Sheldon Fischman, agent for the applicants,
at an early date.
CLASSIFICATION 10 "A"
General Business:. The Secretary reported that quite a
number of files were being held for
deeds to be certified; consents to
be registered on minor variances etc.,
These applications had received the
decision and consent of the Committee,
the time for appeals had long passed
and it would appear that the applicants
were taking advant=age of section 29
sub. sec. (6) Consent to lapse after
two years.
Letters were dictated on these files.
The Following material was presented to the meeting:.
Application for an amendment to zoning by-law No. 1653
File No. 72-40 - Nick & Mike Antoniadis. The Clarke Planning
Board requested comments before submitting its recommendations
to the Council of the Township of Clarke. Reply dictated.
Photostat copy of a letter written to Mr. Horace Best
dated October 20, 19720 signed "Ross Davidson" regarding Enterprise
School enquiring on behalf of the purchaser Mr. Nimigon if the
school can now be used as a dwelling. Reply dictated.
Minutes of Clarke Planning Board under dates of September 25;
October 5.;October 19;
The Secretary reported that two appointments for hearing
were scheduled:- da) Clarke Township Planning Board re Clarke Fish
and Conservation Club. A letter was dictated to Ontario Municipal
Board, att: K.C. Andrews, Secretary, dated November 8, 1972, by
special delivery. The Committee were of the opinion that the
preamble was in error and the facts were stated, ,as understood by
the Committee.
(b) Bernard Callanan appealing the decision
of the Committee of Adjustment on 3 lots. The dates of these
hearings were duly noted.
This being all the business at this time, the medti d
at 12:00 o'clock, midnight.
-��
Secretary-Trea rer h