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HomeMy WebLinkAbout04/14/1969LEETING of the COMMITTEE - OF ADJUSTTIENT for the TOWNSHIP OF CLARKE Monday, April 14, 1969 at 8:00 p.m. Council Chamber, Orono. Present: E.R. Lovekin, Chairman, K. Schoenmaker, Member, E.F.R. Osborne, Member, Mrs. Ellen M. Yeo, Secretary -Treasurer, Mr. Horace Best, Zoning Administrator Mr. Arthur Low, Secretary Planning Board Observers: Mr. Edgar Barrowclough and Bir. Noray Goheen, members of Hope Township Committee of Adjustment Mr. Lloyd :.chison, representing Jack Ricard, Realtor, 99 King St. E. Bowmanville Ontario. The minutes of meeting March 11, 1969, March 127 1969, March lo, 1969 and Decisions of March 21, 1969 were approved as read on motion by E.F.R.,Osborne and seconded by K. Schoenmaker. Carried. Application File No. 170-69 Maurice O'Neill, Owner, R.R. #19 Newtonville, Ontario, for part of Lot.10, Con. 11, Township of Clarke, Submission IQo ;'t�` ✓e -s r- it As business arising from minutes of the past meetings, this application was presented for further consideration. Mr. I;aurice O'Neill appeared in support of this application. No other person appeared in support of, or in opposition to this application. Iir. O'Neill requested that his application be held over until he had further discussions with the Planning Board about the proposed severance. This request for adjournment was granted on motion by K. Schoenmaker and seconded by E.F.R. Osborne. Carried. The Secretary was requested to amend former minutes pertaining to this file, showing Mr. O'deill's property to be in an "R1" Zone, rather than "R2" Zone. This fact is recorded to clarify the records. CLASSIFICLITIGN "E" Application File No. 171-69 Mr. R. Jones, Agent, 130 King St. E. Oshawa, Ontario, idr. Jack T. Story; Owner, R.R. rP'2, Orono, Ontario, for part of Lot 34, Con V11, Township of Clarke, Submission No -"B" 171-69-167 As business arising from minutes of past meetinq_s this apnl-cation was presented for further consideration. The Secretary advised the Committee that she had been contacted by the applicant's wife on the date of the hearing to the effect that an adjournment to this matter was requested. The Secretary was instructed to confirm this matter in writing with the applicant and an adjournment to the next meeting was granted on motion by E.F.R. Osborne, seconded by K. Schoenmaker. Granted. CLASSIPILD "E" Page 2 Meeting of Committee of Adjustment April 1,1, 1969; Application File No. 175-69 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Harold E.J. Souch, Owner, R.R. 417 Newtonville, Ontario, for part of Lot 5, Con. V, Townsbip of Clarke, Submission No. "B"175-69-157 =s bi.siness arising from minutes of the past meetings, this application was presented for further consideration. 4. Kay Lycett B.A., agent for the applicant aopeLred in supoc rt of this application. No other person appeared in support of., or in op;:osi.rion to this application. The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from W. Kay Lycett B.A., Barrister - and Solicitor, Orono, Ontario, dated April 10, 1969. The Committee noted the contents thereof; (2) A Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated April 5, 1969 and numbered 69031; The Committee: (1) Referred to the minutes of meetings February 10, 1969 and March 11, 1969; (2) Recalled their inspection of the site on February 22, 1969; (3) Perused the Plan of Survey; 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, seconded by E.F.R. Osborne. Carried. CLASSIFIED "E" Application File No. 176-69 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, - Ross Edward Phoenix, Owners, Ruth B. Phoenix, R.R. r2, Orono, Ontario, for part of Lot 33, Con. V, Township of Clarke, Submission No. "B" 176-69-158 As business arising from minutes of past minutes this application was presented for further consideration. W. Kay Lycctt B.A., Barrister & Solicitor, Orono, Ontario, agent for the applicants appeared in support of this application. No other persona appeared in supr:.ort of, or in opposition to this application. 1 The Secretary -Treasurer presented the following material to the meeting: (1) A Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated March 24, 1969 and numbered 69026; Page 3 Meeting of Committee of Adjustment, April 14, 1969; The Committee: (1) Referred to the minutes of meetings February 10, 1969, and I'iarch 119 1969; (2) Recalled their inspection of the site on February 22, 1969; (3) Perused the Plan of Survey; (4) Referred to the letter of objection from JI Mr. Detlef Ted Boricic, R.R. 41, Orono, Ontario,(ref.Marll/69) and noted that he had not attended the meeting, The Secretary reported that a letter dated April 7, 1969 had been mailed to Mr. Boricic containing an excerpt of the minutes of meeting held on March 11, 1969 with regard to this application and also informing him of the meeting to be held on April 14, 1969. The Committee were of the opinion that Mr. Borici was not clear about the drainage problem and this was hi_s main concern. The Secretary was instructed to send I -Ir. Boricic a copy of the Decision. The Committee considered all the facts presented and were satisfied that the, applicant had complied with the conditions imposed as evidenced in former minutes. Application granted on motion by K. Schoenmaker, seconded by G.F.R. Osborne. Carried. CLASSI'IGD "Err Application File No. 177--69 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Herman Horstman, Owner, Newtonville, Ontario, for part of Lot 10, Con. 1, Township of Clarke, Submission No. "D'I 177-69-159 As business arising from minutes of past minutes this application was presented for further consideration. W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, agent for,the applicant appeared in support of this application. No other person appeared in sup..ort of, orin oo,osition to this application. . The Secretary -Treasurer presented the following material to the meeting: (1) A Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated April 10, 1969 and numbered 68093A; The Committee: (1) Referred,to the minutes of meetings held on February 10, 1969; March 11, 1969; (2) Recalled their inspection of the site on February 22, 1969; (3) Perused the Plan of Survey presented and noted that the dimens-1.ons of the subject land shown on the application form differed £rota those shown on the Plan of Survey. Jir. Lycett was requested to amend the application form accordingly. Page 4 Ale&t ng Of Committee of Adjustoent, ;ipril 147 1969; The Committee considered all the facts presented and were satisfied that the applicant had complied with the conditions imposed as evidenced in former minutes. Application granted on motion by K. Sci-,oenmaker, seconded by E.F.R. Osborne. Carried. CLASSIFIED "J" Application File No. 182-69 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, C. Roy Cochrane, Owner, R.R. North, Orono, Ontario, for part of Lot 23, Con. X, Township of Clarke, Submission No. "B" 182-69-160 As business arising from minutes of the past meetings, this application was presented for further consideration. W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, agent for the applicant appeared in support of this application. No other person appeared in support of, or in opposition to this application. The Secretar,r-Treasurer presented the following material to the meeting: (1) Correspondence from W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated April 9, 1969; (2) A Plan of Survey prepared by M. D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated April 1, 1969 and numbered 69030; The Committee:. (1) Referred to the minutes of meetings held on March 11 and March 21, 1969; (2) Perused the Plan of Survey; (3) Recalled their inspection of the site on March 21, 1969; and were of the opinion that the applicant had complied with conditions imposed as evidenced in former minutes. Application granted on motion by E.'.R. Osborne and seconded by K. Schoenmaker. Granted. CLASSIFICATION "E" Appl:icati_n File No. 183-69 Honey, Brooks & Harrison, Agents, Barristers & Solicitors, 114 Walton St. Port Hope, Ontario, James Robert Moore, Owner, 164 Ontario Street, Port Hope, Ontario, for part of Lot 33, Con. V, Townshi.j of Clarke, Submission No."B" 183-69-161 Application was made for exemption or partial exemption from provisions of Subdivision Control By -Lao. No. 1592 with amendments 'thereto so as to permit the separation of a parcel of land of approximately 200' x 250' being approximately 1 acre in area from the applicant's land. Page 5 Meeting of Committee of Adjustment, April 14, 1969; The Secretary reported that 26 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. I°Ir. James Robert Moore, 164 Ontario Street, Port Hope, Ontario, the applicant, accompanied by his father Mr. Fred Moore 192 Bruton, Port Hope, appeared in support of this application. W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, representing the proposed purchaser Mr. Jan Ochonski of Orono, Ontario, also appeared in supr:ort of this application. Mr. Hans Erickson, Apt. 207, 305 Gibb St. Oshawa, Ontario, an abutting owner appeared as an observer. No other person appeared in support or or in opposition to this application. The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from Honey, Brooks & Harrison, Barristers & Solicitors, 114 Walton St., Port Hope, Ontario, dated February 13, and March 59 1969; The Committee noted the contents thereof and requested the Secretary to include that portion of the correspondence dated March 5, 1969 pertaining to this applica.ti:,n as follows: , As a word of explanation this property consisting _o£ 30 acres more or less being part of Lot"33 in the 5th Concession i❑ the Townshi.n of Clarke is presently owned by Mr. Albert Saman. Mr. Saman has agreed to sell the whole of his property consisting of 30 acres more or less to the applicant herein Mr. James Robert - Moore. Mr. Moore in turn has agreed to sell the whole of the pro-,erty to Mr. Jan Ochonski represented by Mr. Ray Lycett. Our client Mr. Moore and Mr. Ochonski have reached agreement thtiat while the whole of the proerty is to be conveyed to Mr. Ochonski, Mr. Moore will take back as part of the sales price a first mortgage on the residence on the land together with one acre of land immediately surrounding the residence. As this mortgage will only cover the one acre and not the whole of the land it is for this reason that this a;)plication is being made." Mr. James R. Moore, the applicant verbally confirmed the facts as stated in the letter to be true. The Secretary then presented: (1) A Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated !,larch 249 1969, numbered 69026 referring to 39.52 acres; (2) A Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario„ dated April 1, 1969, numbered 69026 A referring to 1.01 acres; The Committee: (1) Perused, the Plans of Surveys submitted; (2) Noted that this application is correlated to application 4176-69- Phenix (ref. minutes February 10,and March 11, 1969) (3) Small units of land were not being created and in effect this was a large assembly project underway; Page 6 Meeting of Committee of Adjustment, April 147 1969; (4) This application concerns land in a "Development area" and would obviously be the subJect of an application to the Clarke Township Planning Board, at a later date. (5) After due consideration of all the facts presented and bearina in mind the particular circumstances of this application, the Committee were of the opinion that this application should be granted. Application granted on motion by E.r'.R. Osborne, seconded by K. Schoenmaker. Carried. CLASSIE`ICATION "E" Application File No. "B" 192-69 Vi. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Lawrence Stanley Chapman,Owner, R.R. North, 9ronc,, Ontario, for part of Lot 26, Con V11, Township of Clarke, Submission No. "B" 192-69-162 Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1592 with amendments thereto so as to permit the separation of a parcel of land of approximately 300' x 150' being approximately 45,000 square feet in area from the applicant's land. The Secretary reported that 18 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Lawrence Stanley Chapman, the applicant, accompanied by his agent W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario 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 cJ. Kay Lycett B.i�., Barrister and Solicitor, Orono, Ontario dated March 27, 1969. The Committee duly noted the contents thereof; (2) A Plan of Survey prepared by M.D. Brown, Ontario Land 'Surveyor, Bowmanville, Ontario, dated April 5, 1969, numbered 69032; (3) A Sworn Declaration signed by L. Stanley Chapman, dated lith day of April A.D. 1969; Mr. W. Kay Lycett, as agent for the applicant made the following submissions: (1) Mr. Chapman is a lifelong resident and farmer of the Township of�Clarke and wishes to establish a separate parcel of land from his farm property for possible erection of a dwelling house for himself and his wife in the future. The circumstances being that he wishes at the present time to convey his farm holding to his son, Clare Chapman. Page 7 ":eeting of Committee of .Adjustment, Apr'.1. ln, 1969; (2) Mr. Chapman owns 100 acres and carries on a bona fide farming operation consisting mainly of raising beef cattle; The Committee noted: (1) They were all familiar with the,prei.)erty; the land was high and dry; there would-be no sewage or water problems; the entrance would be off Concession 7, a well trHvellE�d road; (2) Upon perusal,of the Plan of Survey presented and noting the facts in the Sworn Affidavit, the Committee were of the opinion that this application complied with Section 9.2 of By -Law 1592 "Farmer Retaining Lot". Application granted on motion by E.F.R. Osborne, sedonded by E.R. Lovekin. Carried. CLASSIFI"CiiTION "E" Application File No. 161-68 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Oro::o, Ontario, Floyd Arthur Nicholson, Owners, Mable Pearl Nicholson, Orono, Ontario, for dart of Lots 8 & 92 West Range, Block "G", Police Village of Orono, Ontario, Townshi_c of Clarke, Submission No. "A" 161-68-3 As business arising from minutes of past meetings this application was brought forward for further consideration. W. Kay Lycett B.A., Barrister and Solicitor, Orono,"Ontario, appeared in supNort of this application. No other person appeared in sup,ort of or in op osition to this application. Mr. Lycett presented the following material to the meeting:. (1) Copies of corresr.ondence from I -Ir. Lycett to I,Ir. James R.B. 4ajor dated February 27, 1969 and .March 13, 1969; from Mr. James Major, Orono, Ontario, dated April 8, 1969 wherein he stated he desired to withdraw his objection to this application. The Committee noted the contents thereof and rec.uested the Secretary to make photostat copies of the material presented for the file and return to Tor. Lycett the copies of correspondence for his file. (2) A certificate of Conditional approval from the Northumberland -Durham Health Unit, Cobourg, Ontario signed by I4r. II.A. Hood and dated March 26, 1969; (3) A Sketch Plan of the proposed severance and surrounding area prepared by M.D. Brown, Engineer and Surveyor, 121 Queen Street,.Bowmanville, Ontario showing that the proposed dwelling, can be placed on the lot in two ways; C Page 8 Meeting of Committee of Adjustment, April 14, 1969; The Committee noted: (1) The subsequent information supplied in sketch form by M.D. Brown OLS indicated that the area concerned is not 5566 square feet as previously shown on the application but 6691 square feet. The agent for the applicant, W. Kay Lycett B.A., was requested to amend and initial the application form showing the dimensions of the subject land to be the same as the sketch plan presented. This was deemed to be important since it brought the application very close to the 10% variance rule; Mr. Horace Best, Zoning Administrator and Building Inspector when asked for his opinion quoted section 4.7 By -Law 1592 re "Under Size Lot" - "Where a building lot having a lesser frontage or area than that required herein is held under dlztinct and separate ownership from adjacent building lots at the time of the passing of this by-law as shown by the records of the Registry or Land Titles Office, a dwelling may be erected and used on such smaller building lot provided that it conforms to all other require- ments of this by-law". therefore, all the facts considered, he felt the applicant was in a position to conform to all the regulations required and he verbally stated that he had no objection to this severance. The Committee: (1) Referred to the minutes of meetings held on January 13, February 10, March 11, 1969; (2) Recalled their inspection of the site on January 16, 1969; and after due consideration of the aforementioned facts and particularly noting that the area was larger than originally estimated were of the opinion that this application be granted. Application granted on motion by E.F.R. Osborne and seconded by K. Schoenmaker. Carried. CLASSIFICATION "P" Application File No. 184-69 W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, Conley James Battams Verna Muriel Battams, Leskard, Ontario, Agent, Owners, for part of Lot 31, Con. Vll, Township of Clarke, Submission No.';6'1,F,1_ <Auplication was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1592 with amendments thereto�so as to permit the separation of a parcel of land approximately 1051x456' approximately 45,600 square feet in area from the applicants' land. The Secretary reported that 16 notices of the said 'nearing had been mailed in accordance with Item 4 of The Rules of Procedure. W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, agent for the applicants appeared in support of this application. No other person appeared in sup -ort of or in opposition to this application. Paae 9 I,ieeting of Committee of Adjustment .April 14, 1969; The Chairman of the Committee, E. Richard Lovekin, stated that he had former knowledge of this application and he, therefore withdrew with the members' consent. Mr. K. Schoenmaker as Senior member_ assumed the chair. The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from W,Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated March 10, 1969; The Committee noted the contents thereof; (2) A photostat copy of a Plan of Survey prepared by Donevan & Fleischmann, Engineers, Surveyors, Osh=iwa, Ontario, dated December 4, 1961. Mr. W. Kay Lycett, as agent Eor the applicant, made the following submissions: (1) Mr. and Mrs. Battams acqui-red their entire holding under two separate deeds,`th-e first by deed dated September 15, 1961, registered at 11 minutes after 3:00 pm, registered 12th January 1962 as N15795. This is shown on the ')hoto copy of the survey-, (2) The second property which lies adjacent to the south was acquired in the year 1965 by deed dated August 3, 19657 registered 10 August 1965 as N26739 at 46 minutes after 2:00 pm; (3) Mr. and Mrs. Battams now wish to sever the more southerly property. (a) Mr. and firs. Battams always intended to keep the properties separate from one another so far as title was concerned but through inadvertence the title to both properties was taken similarly. The Committee: (1) Perused the deeds presented by f?r. Lycett; (2) Perused the photostat copy of the Plan of Survey; and after due consideration of all the facts presented, advised 11r. Lycett that`tliis property would be visited by the Committee. Application adjourned to enable the Committee to visit the propetty. CLASSIFICATICH "d" Application File No. 185-69 Joseph H. Jilisen, Owner, R.R. 41, Novitonville, Ontario, for part of Lot 10, Con.11l, Township of Clarke, Submission No.`G Application was made for exemptionfor partial exemption from provisions of Subdivision Control By -Law No. 1592 with amend- ments thereto so as to permit the separation of a parcel of land approximately 887'xl333'x1000' being approximately,35 acres in area from the applicant's land. Page 10 Meeting of Committee of Adjustment April 14, 1969; The Secretary reported that 22 notices of the said hearing had been mailed in accordance with Item 4 of The`Rules of` Procedure. Mr. and Mrs. Joseph H. Jilisen, R.R. #1 Newtonville, Ontario, the applicant, appeared in support of this application. Mr. Maurice O'Neill, R.R. #1 Newtonville, Ontario, and Mr. Frederick Stickan, Apt Gll, The Donway E. Toronto, Ontario appeared as observers. No other person appeared in support of or in opposition to this application. The Secretary -Treasurer peresented the following material to the meeting: , (1) A7pencil sketch of the proposed severance. Mr. Jilisen was asked to make his submissions and stated as follows: (1) He is the owner of 70 acres and has an offer of purchase on 35 acres; (2) The property he proposes to sell is not suitable ` ' for any purpose other than as a "retreat property", a hunting lodge or lFor recreational purposes of a similar nature; (3) The proi�erty is woodsy, containing cedar and pine; (4) The proposed purchaser has not indicated the purpose for which he desires the property; (5) There is a creek on the property approkimately 201' wide and this also adds'to the property for selling purposes;" (6) There could be approximately 700' to 750' entrance to the property from the Township Road. Mr. Jilisen further stated that he will retain approximately 35 acres on which he lives and has a tobacco farming operation. He has two houses and several tobacco kilns -on this proi.erty and has no"desire to sell this holding at'the'present time. e The Commitee considered the facts as stated by Mr. Jilisen and this application was adjourned to enable the Committee to visit the site. CLASSIFICATION "E" Application File %o. 186-69 William Hoy, Owner, Kendal, Ontario, for part of Lot 12, Conc V1, Township of Clarke, Submission No. ^B" 186-69-168 Application was made for exemption for partial exemption from provisions of Subdivision Control By -Lay.' No. 15P2 with amend- ments thereto so as to permit the separation of a parcel of land approximately 300' x 300' being approximately 2 -acres in area from the applicant's land. The Secretary reported that 13 notices of the said hearing had been mailed in accordance with Item 4 of The Rules bf Procedure. Page 11 Meeting of Committee df Adjustment April 147 1969; Mr. and Mrs. William Hoy, Kendal, Ontario, the applicants appeared in support of this application. No other person appeared in support of, or in opposition to this application. The Secretary-Treasur@r'presented the following material to the meeting: (1) A Pen sketch ptepared by Mr.zHoy of the proposed severance. Mr. Hoy was asked to make his submissions and'stated as follows: (1) He is a life time resident of Clarke Township, born and raised in the area; (2) His farm consists of 50 acres which he has owned for approximately 15 years and he rents 110 acres from one Katherine Stewart, an abutting owner, for farming and pasturing of his dairy herd; (3) At the present time he has adequate land to carry on his farming operation, as long as he is able to rent from Miss Stewart, but, in planning for the future he foresees the possibility that the 110 acres will not be available; (4) This severance is requested to retain a lot from his 50 acre farm so th;_t he may sell the balance of the farm if the need should arise. Thp Committee, after taking into consideration all the facts presented, were satisfied that Mr. Hoy was a bona fide farmer and this applic=ation would conform to Section 9.2 "Farmer Retaining a Lot", By -Law 1592 with amendments thereto. r This application was adjourned to enable the Committee to visit the site. CLASSIFICATION "E" Application File No. 187-69 c c W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Antonio Speziale, Owners, Maria Speziale, Raffaele Moro-, R.R. 42, Newcastle, and 279 Nairna Ave. Toronto 10, Ont_rio, for part, of Lot 21, Con. 1, Township of Clarke, Submission No.'B"i67-ds-ib¢ - Apnlicatibn was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1592 with amendments thereto so as to permit the separation of a parcel of land approximately 6061 x 2750' being approximately 35 acres from the applicants' land. The Secretary reported that 24 notices of the said -hearing had been mailed in accordance with Item 4 of The Rules of Procedure. - Page 12 Meeting of Committee of Adjustment April 14, 1969; Mrs. Maria Speziale-, one of the applicants,. accompanied - by her son and daughter-in-law Mr, and Mrs. Lou Speziale appeared ;in support of this application. Mr. Stuart Campbell, 275 Wentworth, Apt. 509 Oshawa, Ontario, an abutting owner appeared as an observer. 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 B.A., Barrister & Solicitor, dated March 20, 1969. The Committee noted the contents thereof and instructed the Secretary to include in the minutes that portion, of the letter pertaining to this application.as follows: "It seems that some time previous.to the passing and registration of the Clarke Zoning by-law Mr. and Mrs. Speziale and relatives by marriage, Mr. and Mrs. Pasquale Silvestri, purchased the 80 acre parcel together with buildings thereon with the understanding that the lands could be separated into two separate pieces with approximate equal acreage.. At a later date and at that time I am told icy the applicants, Mr. and Mrs. Speziale, - that they were told and advised that such a ,separation could not take place because of the necessary financial arrangements. In other words, they were advised that the mortgage would have to be paid off before separate deeds could be given. Subsequently in'the year 1966 Bir, and Mrs. Pasquale Silvestri sold and conveyed their undivided interest in,the lands to Mr. Ra£faele'Moro, whd,is the Bon- in -law of the other applicants, Mr. and Mrs. Speziale. Mr. Moro tells me that he purchased the interest in question with a view ofobtaining a divided interest in the lands, that is the easterly half of the lands in question, for the purpose of building a house for his parents who had, at that time, in 1966, decided to imigrate to Canada. I,would point out that Mr. Moro furthered his intention to this by retaining an Ontario Land Surveyor, A.E. Reuben, to prepare a survey of the lands in question showing the pro_ser boundary of separation. This survey is produced with this application and bears date June 2nd, 1966. Since the year 1966 the parents of Mr. Moro have changed their minds in connection with imigrating to Canada and in the circumstances Mr. - Moro has seen fit to enter into a sale of his pro- posed divided interest in the lands. At this point the present application becomes necessary in order to effectuate the proposed divided interest. The parcel in question is the Easterly portion of the total holding as shown on the enclosed survey and Mr. and Mrs. Speziale are to retain the Westerly portion which has situate thereupon the building shown on the survey." - (2) A photostat copy of a Plan of Survey prepared by A.E. Reuben, 2857 Lawrence Avenue East, Scarborough, (r Ontario, dated June 2nd, 1966; Mr. Lycett was asked to make his submissions and he stated as follows: (1) This is an application of Mr. and Mrs. Speziale and Mr. Moro in connection with the severance of approximately a 40 acre parcel from approximately 80 acres held by the three parties under a deed _of undivided ownership. Page 13 Meeting of Committee of adjustment April 14, 1969;, The Committee:, (1) Listened to.the oral presentation by Mr. Lycett; (2) Noted the facts covered in the correspondence received from Mr. Lycett; (3) Perused the photostat copy of the Plan of Survey, and requested the applicant's son Mr. Lou Speziale to submit another copy of the Survey for inclusion with thq forms required by the Department of Municipal Affairs;, (4) Requested Mr. Lycett to file an Affidavit substantiating that the facts set out in his letter to this Committee were based largely on Registry Office records which he perused in a historical search of title on this property; This application was adjourned in order to enable the Committee to visit the site. CLASSIFICATION "E" Application File No. 188-69 R Stanley Ball, Owner, Leskard P.O., Ontario, for part of Lot 31, Con. Vill, Township of Clarke, Submission No."B" 188-69-169 Application was made for exemption or partial exemption from provisions of Subdivision Control By -Lava No. 1592 with amend- ments thereto so as to permit the separation of a parcel of land approximately 35718" x 18516' being approximately 64,925 square feet from the applicant's land. The Secretary reported that 20 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. c Mr. Stanley Ball, the applicant, accompanied by the purchasers Mr. and Mrs. Clare Grant, 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) A Sworn Affidavit dated 27th day of March, 1969 signed by "Stanley Ball"; (2) A receipt signed by"Stanley Ball" as Exhibit "A" to the Sworn Affidavit; „ (3) A Pen sketch showing the subject land; The Committee perused the material presented and requested Mr. Ball to make his submissions: . Mr. Ball stated: (1) This severance i;s requested to give clear title to a piece of land bought from him on May 1, 1950 by Mr. Clare Grant; (2) That by ommission and neglect, no title deed or conveyance to the subject land was ever executed, nor a land survey taken of the parcel in question; (3) There is presently a proposed purchaser for the farm and it is very important that this matter be settled before the sale of the farm is negotiated. Page 14 P-ieeting of Committee of Adjustment April 14, 1969; The Committee: (1). Listened to the oral presentation by Mr. Ball wherein he verified the facts cc,ntained in the Sworn Affidavit; and after due consideration this application was adjourned to enable the Committee to visit the site. CLASSIFICATION "H" Application File No. 189-69 W. Katy Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, William P. Irwin, Owner, R.R. #1, Orono, Ontario, for part of Lot 29, Con. 1V, Township of Clarke, Submission "A" 189-69-4 Application was,made for exemption or partial exemption from provisions of the Zoning By -Law No. 1592 and amendments thereto, so as to permit a minor variance of a parcel of land of approx- imately 296110" x 6815", approximately 20,282 square feet for a residential lot in "R1" Zone, Township of Clarke. The Secretary repbrted that 23 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of j Procedure. Mr. William Irwin, the applicant, accompanied by his agent, W. Kay Lycett B.A., appeared in support of this application. No other person appeared in support or, or in opposition to this application. j The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from W. Kay Lycett B.A., Barriste,r & Solicitor, Orono, Ontario, dated March 21, 1969; The Committee duly noted the contents thereof;. (2) A Plan of Survey prepared by Donevan & Fleischmann, Land Surveying & Engineering,.11 Ontario Street, Oshawa, Ontario, dated January 17, 1969, Job No..17544; As a matter of record, on Thursday March 20, 1969, the Committee attended with the applicant at the site where Mr. Wm. Irwin„stated he intended to apply for a minor variance. Tapes were run to measure the exact size of the lot and to show the location of the proposed building which is to face to the East. The only other building in the immediate vicinity was to the Nest and faced South. The East end of the abutting building was a double attached garage. Relevant measurements were as follows: (a) Rear of proposed dwelling to lot -line 221; (b) Rear of proposed dwelling to garage on abutting building 351611; (c) Rear of proposed dwelling to living area of abutting house 6016"; The north end of the property drops into a wooded ravine with secondary growth 40 to 50 feet in height. Page 15 Meeting of Committee of Adjustment April 14, 1969: A number of properties run wesierly side by side, facing a road and backing on the ravine. All these properties were built by the same builder, the present applicant, and have their wells in the front and septic tanks at the rear. The abutting lots were all the proper size and the present property as originally laid out was the proper size. Because the Department of Highways of Ontario required the re -location of the abutting entrance to the old Highway 435, which in turn gives almost immediate access to semi -controlled access Highway #115, additive lands were required in the re- location of a service road, which in turn reduced the size of they land now under consideration. The Committee were of the opinion that the following facts would be relevant, in •this application: Gl) The lot was reduced below standards by the DHO requirements for roads adjacent to the property; (2) The property was a corner lot fronting on two roads and on a ravine with only one side (Westerly) abutting an adjoining property with buildings; (3) The land was very light and, therefore, porous and no problem was occasioned by septic tanks in the area; (4) The general location was at the south end of the Police Village of Orono and the area was residential in character and the proposed building would be in character with the style, size and price range of abutting buildings; (5) There was no ,ray the lands concerned could be increased in size and the building was located in the best possible way; (6) Further consultation with the Building Inspector would be -necessary to check on local problems before a. final decision could be made. c The Committee perused the Plan of Survey submitted, referred to their inspection of the site and noted the following facts: (1). This application was for an under sized lot within the meaning of Section 4.7 of By -Law 1592 with aplendmepts thereto. The pertinent facts were that the lot as originally laid out in the original plan of sub division was of the proper size but a variation of the plan necessitated by an alteration to the entrance to Highway 435 caused the road to be re -located in such a manner as to create this lot with a lesser frontage than that required by By -Law 1592; (2) The owner had to apply to the Committee of Adjust- ment in order to have their approval so that the Building Inspector could issue a permit;; (3) The problem appears to be that although a frontage; of 296110" is more than adequate, the depth of 6815" would leave the rear yard minimum less than By -Law 1592 calls for; (4) Mr. Horace -Best, Zoning Administrator, when asked his opinion on this matter quoted from By -Law 1592 aS follows:"Section 4, subsection 8, item 3 Rear Yard Minimum one third of the depth of the building lot but in no case less than 35 feet in depth" "Section 27 subsection 19 Lot line:means the lot line Page 16 Meeting of Committee of :,adjustment April 14, 1969; from the street, provided that in the case of a corner lot the shorter lot line that abuts a street shall be deemed to be the front lot line - and the longer lot line that abuts a street shall be termed the flankage of the lot.14 The Committee: (1) Perused the Plan of Survey submitted; (2) Referred to their inspection of the site; (3) Requested Mr. Lycett to amend the application showing the frontage to be ;6815" to conform with the definition pertaining to a corner lot asquoted by Mr. Best;.. (4) That the lot be approved .az a building lot under By -Lava 1592 and Mr. Best, Zoning Administrator empowered to issue a lased use permit when reauested. This application was granted on motion by E.F.R. Osborne and seconded by K. Schoenmaker, upon Mr. Lycett's undertaking to produce documentary evidence that this lot had been reduced in size by Department of Highways expropriation. Carried. - CLASSIFICATION "P" Application File No. 190=69 Messrs. Strike & Strike, Agent, Barristers & Solicitor, Box 7, Bowmanville, Ontario, Orley Trew, Owner, R.R. #1, Campbeticroft, Ontario, for part of Lot 1, Con. V111, Township of Clarke, Submission No. Application was made for exemption or partial exemption from provisions of Subdivision.Control By -Law No. 1592 with amend- ments thereto so as to permit the separation of a parcel of land approximately 332' x 13071 being approximately 10.02 acres from the applicant's land. The SecretarU reported that 14 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure.,. M.B. felly, B. Comm, LL.B as agent for the applicant appeared iposupport of this application. No other person appeared in support,of, or in opposition to this application. Mr. Kelly spoke to the Committee and requested that the matter be adjourned until the next meeting to be held on May 59 1969. This request was granted and the application adjourned. CLASSIF ICiiTION "E" Application File No. 191-69 Gerrit Rekker Owners, Dieuwke Rekker,r Millson Hill Dr., Orono, Ontario for part of Lot 28, Con V, Police Village of Orono, Township of Clarke, Submission No. "B" 191-69-170 Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1592 with amend- ments thereto so as to permit the separation of a parcel of land approximately 175' x 1501, approximately 16,000 square feet in area from the applicants' land. Page 17,. Meeting of Committee of Adjustment, April 14, 1969; The Secretary reported that 20 notices of the said -hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Gerrit Rekker, the applicant, accompanied by the proposed purchaser Mr. Stuart DeVries, Orono, Ontario, 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) A Pen Sketch prepared by Mr. Rekker of the proposed severance; The Committee listened to the o,ral presentation oftheapplicant Mr. Rekker, and took particular note of the pen sketch submitted_with the application. The Committee noted that k4r. Rekker had given the dimensions of his entire holding rather than the dimensions of the subject land and was permitted to correct the application form accord- ingly. As a building permit would undoubtedly be sought in this matter, Mr. Best, Building Inspector and Zoning Administrator was asked by the Committee for his opinion. Mr. Best studied the pen sketch and noted that the applicant desired to retain a 40' right-of-way. Mr. Best pointed out, in the event that the property changed hands, the person owing the property in behind would only have a 40' frontage on an existing road. this could result in a land locked parcel of land with only a,401 frontage on an existing road. Z The Committee, after due consideration, advised Mr. Rekker they would visit the site and suggested that he consider adding the forfv foot strip on the west side of the property described in his application. This appl'ic,ation was adjourned for further consideration at the meeting to be held on May 5, 1969. CLASSIFICATICN "J" Application File No. 193-69 194-69 Creighton, Drynan,Murdoch,Agent, & Victor, Barristers & SOlicitOrs7- 5 Simcoe St. N.,� Oshawa, Ontario, Edward G. Tozer, _ Owner, 472 Juliana Dr., Oshawa, Ontario, for part of Lot 117 Con. 1V, Township of Clarkeq Submission No. "B" 193-69-/6s "B" 194-69-46 Applications were made for exemption or partial exemption from provisions of the Zoning By -Law No. 1592 and amendments thereto, so as to permit the separation of -parcels of land as follows: 1,176"x 17527' approximately 38.99 acres 332.51 x 13131 10;01'acres from the applicant's land. Page 18, Meeting of Committee of Adjustment, April 14, 1969; The Secretary..reported that 30 notices"of'the said hearing had been mailed in-accordanFe`with Item 4 of The Rules of Procedure.' - Mt. Edward -G. Tozer, the -applicant accompanied by his agent Joseah C. Victor.Esq., appeared in support of this apolicatibn. No`other person appeared in support of, or in i� opposition to this application. The Secretary-Treasur_cr presented the following material to the meeting: (1) Correspondence from Creighton, Drynan, Murdoch & Victor, 5 Simcge Street North, Oshawa, Ontario,, dated April a, March 27, February 18, 1969. The Committee noted the contents thereof; J (2) A Plan of'SurVey, prepared by M.D. Brown, OLS,, Bowmanville, Ontario, dated April 14, 19.64, numbered 64027;with notation "Additidnal tiaork June.5, 1968; Mr. Victor made the following submissions: (1) Mr. Tozer owns Approximately 80 acres which he bought in 1964'and`he noW desires to sever 38.99^acre parcel and a 10 acre parcel; (2) The 10 acre parcel -will be a small holding retained- -by Mr. Tozer and he desires to -dispose of the 38.99 acre parcel; The Committee perused the Plan of Survey presented and noted that to the East of the proposed 10 acre severance, there woul=d be left° app raximately 21.69 acres aYfa- to the west approximately 9.80 acres. Mr.:Tozer was advised that the Committee would visit the property and his applications would be brought forward for further consideration at the meeting to be held on May 52 1969. Application adjourned. CLASSIFIC;ITION "E" - Meeting adjourned at 1:00 p -.m. Secretary -Treasurer MEETING of the COMMITTEE OF ADJUSTMENT for the TOWNSHIP OF,CLARKE Monday, May 51 1969 at 8:00 p.m. Council Chamber, Orono. r— Present: E.R. Lovekin, Chairman, K. Schoenmaker, Member, 1 E.F.R. Osborne, Member, Mrs.,Ellen M. Yeo, Secretary7Treasurer, The minutes of meeting April 14, 1969 were approved as read on motion by E.F.R. Osborne and seconded by K. Schoenmaker, Carried.