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HomeMy WebLinkAbout03/18/1969MEETING of the COMMITTEE OF ADJUSTMENT for the J -TOWNSHIP OF 'CLARKE Tuesday,_March 18, 1969 at 9:30 p.m. Council Chamber, Orono. Present: E.R. Lovekin, Chairman, K. Schoenmaker, Member, E.F.R. Osborne, Member, ,v Mrs. Ellen M. Yeo, Secretary -Treasurer. The Chairman, E. Richard Lovekin, called a meeting for Tuesday, March 18, 1969, at which time the following decisions were handed down:. Application File 164-69 Walter Yarema Owner, File 165-69 Nick Yarema, Owner, 166-69 R.R. #1 Newtonville, Ontario, for part of Lot 6, Con. 11, Township of Clarke, Submission No. "B" 164-69-149 "B" 165-69-150 "B" 166-69-151 As business arising from minutes of past meetings these applications were presented for further consideration. Mr. Nick Yarema, the applicant, accompanied by his son John Yarema appeared in support of these applications. Mr. Yarema reported that his son Walter Yarema (ref. File 164-69) was hospitalized on March 18, 1969 with an emergency appendectomy, but that he was authorized to speak on behalf of his son. No other person appeared in support of or in opposition to this application. Referring to Application 164-69_, Walter Yarema, it is noted that this application should be considered in conjunction with applications 165-69 and 166-69. The Committee noted the following facts:- (1) acts:(1) This application was in effect an application to clarify a property line and slightly increase the area of an existing holding and reduce the abutting holding; (2) A completely new subdivided unit is not created; The Committee referred to the minutes of meetings, January 21, February 10, March 11 and March 12, 1969; recalled their visitation of the site on February 22, 1969 and were of the opinion that this application should be granted. Application granted on motion by E.F.R. Osborne and seconded by K. Schdenmaker. Carried. CLASSIFICATION "O" Referring to Applications 165-69• and 166-69 Nick Yarema, it is noted that these applications should be considered iI con- junction with application 164-69. The Committee explained to Mr. Nick Yarema that before the Committee could finalize his applications, he would be required to file a Sworn Affidavit to comply with a condition imposed by the Committee. Basically the Committee were concerned with the problem that should a severance be granted to every applicant in similar circumstances, a single piece of property could be re -sold and sub -divided many times over. The applicant was, therefore, requested to file an Affidavit stating that the land retained Page 2 Meeting of Committee of Adjustment March 18, 1969c by him would be kept by him for agricultural use for a minimum period of five years. In order to finalize the file forthwith the Affidavit was prepared and the`applicant'swore the same forthwith having had the affidavit read overand explained to him. Application granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. CLASSIFICATION "E" Application File No. 170-69 Maurice O'Neill, Owner, R.R. 017 Newtonville, Ontario, for part of Lot 10, Con. 11, Township of Clarke, Submission"8"r7o-6i-/ r As business arising from minutes of past meetings this application was presented for further consideration. Q Mr. Maurice O'Neill, the applicant appeared in support of this application. No other person appeared in support of or in opposition to this application. This application is to sever a piece of land of 10 acres or more from"a bona fide farm. The Committee were quite satisfied that the applicant had made full disclosure and was very fair in his presentation. `The basic argument put forward by the applicant was that the land he was considering severing was rough land of little or no agricultural value. He also, upon request, submitted a photostat copy of a real estate listing dated July 25, 1963 wher@in he listed 4 acres in this same area. The annotation on this listing was 114 acres vdCant land. Creek wanders all the way through property". The Committee were of the opinion that this clearly re-inforced - Mr. O'Neill's contention that he.had formed the intention to sever this land before controls were introduced into the Township. This in turn, gives strong credence to his contention that his motivation is genuinely to the effect that he believes this land to be of little agricultural value and that its highest and best possible use is rural residential of either a permanent residence or summer retreat category. Reluctantly the Committee have come to the tentative con- clusion that such an application does not lie within their jurisdiction. The applicant stated that the land concerned lies in an "agricultural" area. Committees of Adjustment should not seek to defeat the clearly expressed intention of the Plan laid down for land use in the Township by the Township Council upon the advice of the Planning Board and expressed in the Zoning By -Law. The applicant's lands are in or near a "Development" zone and he is very close to an 11R1" zone. This would indicate that the possibility of re -zoning is very feasible. The persons to do such re -zoning are, however, the Township Council on the advice of the Planning Board. The Committee referred to their decision handed down on November 4, 1968 with regard to applications 141-68; 142-68, 1 Sunnydene Estates Ltd, Lots 9 & 10, Concession 5. This Committee, J composed at that time of two members refused a similar application and stated in part as follows: "if the land use suggested by the applicant is feasible it is an alteration that should be accomplished by and though the Council of the Township of Clarke in conjunction with the advice and recommendation of the Clarke Planning Board and not, in our opinion, through the Committee of Adjustment." �n{ Page 3 Meeting of Committee of :adjustment March 18, 1969:. This decision was appealed to the Ontario Municipal Board, and the appeal'has not yet been heard by the Board. I£ the Sunnydene appeal were successful, then this Committee should re -consider this application, If Mr. O'Neill wished a decision atthis time it would, in all probability, be a refusal. In view of the pending appeal in a very similar case, it is the decision of this Committee to await the outcome of the Sunnydene appeal with leave to the applicant to speak to the matter at any subsequent meeting if he so desires. This application was adjourned until such time as the results of the Sunnydene Appeal are known and Mr. O'Neill was informed a final decision would then be delivered by the Committee. CLASSIFIC:=0N "E" Application File No. 180-69 Mrs. Helen B. Lovekin, Agent, Box 9, Newcastle, Ontario, Harvey Robinson Farrow, Owner, R.R. #1, Newtonville, Ontario, for part of Lot 9, Con. 1V, Township of Clarke, Submission No."B" 180-69-153 As business arising from minutes of Meeting March 11, 19697 this application was brought forward for further consideration. No person appeared in support of 'or in opposition to this application. The Secretary -Treasurer presented the following material to the meeting: (1) A Sworn Affidavit signed by Eric Richard Lovekin, verifying the facts presented to be true; The Committee: (2) Referred to.the minutes of meeting March 11, 1969; (3) Noted the facts covered in the Sworn Affidavit; and were of the,opinion that this application was made to clear title. Application granted on motion by E.F.R. Osborne, seconded by K. Schoerbmaker. Carried. CLASSIFICATION "N" Application File No. 181-69 Mrs. Helen B. Lovekin, Agent, Box 9, Newcastle, Ontario, Mr. Bobby a. Pressick, Owner, R.R. 41, Newtonville, Ontario, for part of Lot 9, Con. 1V, Township of Clarke, Submission No.'5181-69-154 As business arising from minutes of March 11, 1969, this - application was brought forward for further consideration. No person appeared in support of or in opposition to this application. Page 4 Meeting of Committee of Adjustment March 18, 1969: The Secretary -Treasurer presented the following material to the meeting:. (1) A Sworn Affidavit signed by Eric Richard Lovekin verifying that an error in description had been made approximately 30 years ago, and"his affidavit is filed in support of an application for Consent to the deeds to effect this clarification of description". j The Committee: J (1) Referred to the minutes of meeting March 11, 1969; (2) Noted the facts covered in the Sworn Affidavit; and were of the opinion that the applicant had complied with conditions imposed as evidenced in former minutes. Application granted on motion by K. Schoenmaker. Carried. CLASSIFICATION "N" Meeting adjourned at 12:30 PM <L r77 Secretary-Treasrer March 21, 1969 Committee of Adjustment: Decision Application File No. 178-69 D.I. Stewart Esq., Agent, Barrister & Solicitor, 39 King St. E. Cobourg, Ont., G.A. Laing Co. Ltd.; Owner, R.R. #1, Orono, Ontario, for part of Lot 30, Con. 1V, Township of Clarke,, Submission No."B" 17$-69-154 As business arising from minutes of March 11, 1969, this application was brought forward for further consideration. No person appeared in support of, or in opposition to this application. The Committee perused correspondence received from German, Richardson, Clarke & Stewart, Barristers & Solicitors, 39 King St. E., P.O. Box 157, Cobourg, Ontario; and Noted the facts in an attached Sworn Affidavit, signed by David Ian Stewart verifying that "this application is made solely for the purpose of clearing the aforesaid problem on the title and not for any improper purpose." dated 13th day of March, A.D. 1969; and Referred to the minutes of meeting held on March 11, 1969; Application granted on motion by E.F.R. Osborne, seconded by K. Schoenmaker. Carried. CLASSIFICATION "N"