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HomeMy WebLinkAbout01/21/1969Page 11 Meeting of Committee of Adjustment January 13, 1969:: the Executor of the Emerson Jolly Estate" "These dwellings have been on one parcel of land and the deceased by virtue of his last Will and Testament dev}sed in separate parcels these two dwellings. The Executor has obtained new surveyor's descriptions in order to be in a position to convey the respective parcels of land to the beneficiaries under the Will." 42) A Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated November 4, 1968 and numbered 68098 with Surveyor's legal description attached. Mrs. May, Acheson made the following submissionst (1) Her father, Emerson Jolly had purchased the subject land over 22 years ago. (2) This application was made by the Executor of the estate Mr. James Robertson, 725 Brien St., Chomedey, Laval Quebec. Mr. Robertson was unable to attend the meeting. The Committee were satisfied as to the bona fides of the application and were also convinced, after perusal of the Plan of Survey, that the land had been divided in as suitable a way as possible by Mr. M.D. Brown, OLS. The matter was adjourned in order to permit the Committee to inspect the property and Mrs. Acheson was told that additio--dl evidence and or confirmatory affidavit evidence might ha P_- quired from the Solicitors concerned. CLASSIFICATION "K" Meeting adjourned at 1:00 A.m. Secretary-Treasu r MEETING of the COMMITTEE OF ADJUSTMENT for the TOWNSHIP OF CLARKE Tuesday January 21, 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, The minutes of meeting January 13, 1969 were approved as read on motion by E.F.R. Osborne and seconded by K. Schoenmaker. Carried. The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence dated -January 15, 1969 from H. DeWith,Acting Clerk,Township of Clarke with certified copy of Resolution No. 297 dated January 7, 1969, attached. The Committee noted the contents thereof and instructed the Secretary to reply with regard to the budget for 1969 as in minutes of executive meeting held on January 2, 1969. Page 2 Meeting of Committee of Adjustment, January 21, 1969: Application File No. 148=68 Colin C. Warminger, Owners, Patricia Warminger, 822 Glen St., Oshawa, Ontario, Kurt Kerns Agent, 73 Centre St., Oshawa, Ontario, for part of Lot 31, Con V111 Township of Clarke, l Submission "A" 148-68-2 J 148-68-13'i As business arising from minutes of past minutes, this application was presented for further consideration. Mr. Colin C. Warminger accompanied by his agent, Mr. Kurt Kern appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr. Kern presented the following documents to the meeting: (1) Schedule "A" Application for Minor Variance for Permission Forms, duly executed and completed; (2) A deed Kern to Warminger verifying that title was transferred to them by virtue of a deed of land dated 19th of July 1968 and registered in the Registry Office for the Registry Division of the West Riding of the County of Durham at 3:50 o'clock p.m. on the 26th deyai July 1968 as instrument #N37711. The Committee perused the material presented and noted the following facts:. (1) Some confusion existed originally as it was thought a severance was necessary and forms for a minor variance where not available at the time and regular sub -division forms, duly amended, were used. This fact was recorded in the minutes of the meeting held November 25, 1968. In processing this application for a Minor Variance, the following facts were considered: (1) The character of the area was already established as the Hamlet of Leskard. Historically there are small Villages or Hamlets in Clarke Township which were never incorporated so that in the legal technical sense they are part of the Township. This includes such places as Newtonville, Kendal, Kirby, and this location, Leskard. The rules and regulations as they are applied in these areas must take cognizance of this historic situation. The Planning Board will probably be devoting their special attention to these problem areas. In the meantime, this Committee will deal with every application on its special facts. (2) No adjacent land was available to increase the frontage of the lot which had a frontage of 102.561;, (3) There was only one lot and the lot was one acre in total area, meaning that no immediate space or i health problem was likely; J (4) There were houses on both sides and it was an infilling operationg (5) A certificate from Northumberland -Durham Health Unit, dated April 5, 1967 showed there was no health problem; (6) The lot was a building lot of record at the time that the present restrictive legislation was passed. Application granted on`motion by K. Schoenmaker and seconded by E.F.R. Osborne. Carried. CLASSIFICATION "P" Page 3 Meeting of Committee of Adjustment, January 21, 1969: � Application File No. 158=68 R.A. Wallace Esq., Agent, Barrister & Solicitor, Box 471, 112 Simcoe St. N., Oshawa, Ontario, Merrill Leonard Ross, Owner, Way Street, Brooklin, for part of Lot 15, Con. V11, Township of Clarke, Submission No. 158-68-140 As business arising from minutes of past meetings, this application was brought forward for further review. c The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from Ralph A. Wallace Q.C., 112 Simcoe St. N. Oshawa, Ontario, wherein he returned the amended and initialled application forms; the Plan of Survey annotated "Revised January 7, 19699 Job No. 17529 with attached legal description. The Committee noted the contents thereof and were of the opinion that this file is now finalized and the facts were duly recorded for purposes of the clarification of the records. CLASSIFICATION "N" Application File No. 159-68 Hessel Tot Margaret Tot, 317 Anderson Avenue, Oshawa, Ontario for part of Lot 30, Con. Township of Clarke, Submission No. 159 -68 --•- As business arising from past minutes this application was presented for further consideration. Noperson appeared in support of or in opposition to this application. Owners V1, As January a matter of record the Committee visited the site on Thursday, 16, 1969, and noted the following'facts: (1) A large part of the subject land is considerably lower thanthe level of the adjacent properties to the North. (2) Due to the ground being covered by a heavy fall of snow it was impossible to determine exactly how this might affect a future building. The Committee were of the opinion that: (1) This property should be viewed again under more favorable circumstances; (2) They felt that such a large variance (150' to 1001) may pot be withtn their pro�er_j.utisdiction- which in this case is to grant"minor variances" to*ailow e Tot were sed heir avantag thi�ssapplication ato1 at ttimetastZoningdBy-Lawe huntil No. 1592 stand such for the Corporation of the Township Clarke by of has been heard the Ontario Municipal Board, as that by-law might be in altered such a way as to be beneficial to this application. Page 4, Meeting Committee of�Adjustment, January 21, 1969: The Secretary was advised to notify Mr. and-I-irs. Tot of these facts and to also advise them when the time for the hearing by the Ontario Municipal Board was announced. This,application was adjourned sine die to await the approval of by-law 1592, with amendments thereto, with leave to the applicants to put their application back on the Committee's agenda upon request anytime they so desired. CLASSIFICATION "P" Application File 160-68 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Bertha Violet Little, Owners, Clifford Ralph Westgate, R.R. #2, Orono, Ontario, for part of Lot 32, Con. Vll, Township of Clarke, Submission No. "B" 160-68-141 As business arising from minutes of the last meeting this application was presented for further consideration. Mr. W. Kay Lycett B.A., Barrister & Solicitor, 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 Sworn Affidavit signed by Bertha Violet Little dated January 21, 1969 verifying the following facts: (1) Joint ownership with Clifford Ralph Westgate of part of Lot 322 Concession 7, Township of Clarke purchased as an investment property in October 1966; (2) At the time of purchase in June 1968 of a second parcel of land adjoining the subject land, the fact did not occur to her that both properties ,could merge necessitating consent from the Committee of Adjustment and the matter was not mentioned to her by any solicitor. The Committee noted: (1) The facts covered in the Sworn Affidavit; (2) Referred to the minutes of meeting January 13, 1969 and were of the opinion that the applicant had complied with the conditions imposed as evidenced in former minutes. (3) The application, in effect, was to correct an inadvertence in conveyancing. Application granted on motion by E.F.R. Osborne, seconded by K. Schoenmaker. Carried. CLASSIFICATION "(y" Page 5 Meeting Committee of Adjustment, January 21, 1969 Applications File No. 162-68 163-68 Wray,Russell,Rogers, Agent, Smith, Sands, Thomson & Dick, Barristers & Solicitors, 663 Greenwood Ave., Toronto 69 Ontario, James Robertson, Executor of the Estate of Emerson Jolly, 725 Brien St., Chomedey, Laval, Quebec, for part of Lot 10, Con. 1, Township of Clarke, Submission No. "B" 162-68-142 "B" 163-68-143 As business arising from minutes of meeting January 13, 1969, these applications were presented for further consideration. As a matter of record this property was visited by the Committee on Thursday, January 16, 1969. The Chairman, E.R. Lovekin, stated that, haying seen the property, he recalled he had`been involved as a Solicitor in title matters on an abutting property and thereupon withdrew from further consideration of this case. Mr. K. Schoenmaker, senior member then assumed the chair for this application. The Committee noted"the following facts: (1) Two small houses were situate on the subject land within the area of the unincorporated Village of Newtonville, Ontario;; (2) The severance will not create any new buildings, and will not, in effect, create any physical change. The Committee referred to the minutes of meeting January 13� 1969 and were of the opinion that this severance is required simply to clarify the question of title and enable the Solicitors concerned to distribute the estate to the beneficiaries as in the Will of Emerson Jolly, Deceased. Application granted on motion by E.F.R. Osborne and seconded by K. Schoenmaker. Carried. CLASSIFICATION "K" Application File No, 164-69 Walter Yarema, Owner, R.R. #1, Newtonville, Ontario, for part of Lot 6, Con.11, Township of Clarke, Submission Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. ,1494 so as to permit the separation of a parcel of land approximately 1111x 2051 being approximately 0.529 acres 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. and Mrs. Walter Yarema, Mr. Nick Yarema, R.R. #1,Newtonville, -'Ontario appeared in support of this application. No other person appeared in support of, or in opposition to this application. Page 6 Meeting Committee of Adjustment, January 21, 1969:. The Secretary -Treasurer presented the following material to the meeting:_ (1) A Plan of Survey prepared by M.D. Brown, Engineer and Surveyor, Bowmanville, Ontario, dated December 31, 1968, numbered 68112;; Mr. Walter Yarema was invited to make his submission and stated: (1) It ds his wish to convey to his father Mr. Nick Yarema a portion of his land consisting of t approximately 0.529 acres at the end of his property purporting to be 10 acres, in return for which his father Mr. Nick Yarema will convey to him an additional 10' frontage to bring his acreage to the full size cof a 10 acre lot. (2) °He has already built a home on the property; The Committee perused the survey and not&d the dimensions shown thereon pertaining to this application and adjourned this file in order to consider concurrent applications of Mr.'Nick Yarema concerning the same land. CLASSIFICATION "O" Application No. 165-69 Mr. Nick Yarema Owner, 166-69 R.R. #19 Newtonville, Ontario, for part of Lot 6, Con 11, Township of Clarke, Submission No. a /Gr 69- ," a ib: -c v- ire Applications were made for exemptions or partial exemptions from provisions of Subdivision Control By -Law No. 1494 so as to permit the separation of parcels of land as followsi10'X 9.861x 35761, approximately 0.809; and 349.11'x536.8'x3575' approx 41.63 acres in areas from the applicant's land, The Secretary reported that 34 notices of the said hearing had been mailed in accordance with Item 4 of The Rules o`f Procedure. The Secretary -Treasurer presented the following material to the meeting:. (1) A Plan of Survey, prepared by M.D. Brown, Engineer and Surveyor, Bowmanville, Ontario, dated December 11, 1968, numbered 68112; The Committee perused the survey and noted the following facts: (1) These two applications concern the same property as Application No. 164-69; (2) The applicant, Mr. Nick Yarema is the owner of a farm of approximately 80 -acres; (3) Some time ago a long narrow 10 acre lot was severed and given to a son, Walter Yarema. It was noted that the survey reveals that this lot is not in reality 10 acres in size because of a road widening;, (4) Mr. Nick Yarema is now making an application which, in effect does two things'_ Page 7 Meeting of Committee of adjustment January 21, 1969:_ (a) It cuts the end off a long 10 acre lot anti increases its width so that it becomes a parcel of lands of approximately 10 acres on which his son has already builta house; this proposed new lot is shown on a Plan of Survey; (b) Mr. Nick Yarema wishes to sever the northerly end of the farm, being approximately 30 acres and on this he intends to build a house; The house now occupied by Nick Yarema on the southerly portion of the farm will now be sold and this portion is approximately 40 acres. (5) The Committee are, therefore, viewing the matter from a point of view of (1) a deed of correction for'the slightly less than 10 acre lot for a son on which he has built a house and (2) an application by the father to sell existing buildings and an acreage, while retaining a large lot on which to construct a home for himself; (6) The father applicant has no other full time employment and his sole occupation at the present time is agriealture, consisting largely of market gardening. The Committee, after considering all the facts, adjourned these applications and advised the parties concerned that the property will be visited and the applications brought forward for further consideration atA he next meeting on February 10, 1969. CLASSIFICATION "E" Application File 167-69 E. Richard Lovekin B.A. LL.B. Barrister & Solicitor, Box 90 Newcastle, Ontario, Owners e Mr. James P. Lovekin, c/o E. Richard Lovekin B.A. LL.B Newcastle, Ontario, for part of Lot 35, Con 1, Township of Clarke, Submission No."B" 167-69-144 Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1494 so as to permit the separation of a parcel of land approximately 660 rods X 3300 rods, approximately 55 acres in area from the applicants' land. The Secretary reported that 20 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. E. Richard Lovekin, the'applicant, accompanied by his mother Mrs. Clarence Reginald Lovekin, Newcastle, Ontario, appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mrs. Clarence Reginald Lovekin made the following submissionst- The facts herein pre -date subdivision control in the Township of Clarke and arise out of an estate. C' The Frederick Baldwin Lovekin Estate concerned in thi11 s application is the estate of the Grandfather of the applicants and should not be confused .with the Uncle of the applicants, whose name was also Frederick Baldwin Lovekin, but who lived most of his life on Lot 332 Township of Clarke. Page 8 Meeting Committee of Adjustment January 21, 1969. Frederick Baldwin Lovekin (Sr.) the owner of Lot 35 left his son Clarence Reginald Lovekin a life interest in Lot 35, Concession 1, Clarke Township and under the terms of this Will the landinas to be divided among the children of Clarence Reginald Lovekin, Frederick Baldwin Lovekin made this Will and died in the early 1920's. His son, Clarence Reginald Lovekin died in March 3, 1965. The executors of the estate transferred the property to the heirs jointly in order to terminate the estate and the heirs agreed to divide the lands equally from North to South, Eric Richard Lovekin taking the east half of Lot 35 and James P. Lovekin taking the West half of Lot 35. The registration of such a_deed was delayed by the fact that an accurate description had to be -made because of the roads and other pro�ierties taken out of the original property. Lot 35 should contain approximately 200 acres but because of the loss of land into the lake and the fact that highways 401 and 115 cross the property the total acreage now actually owned and possessed is only 110 acres which will be divided into two 55 acre parcels. The reason for the North South division is the only way that each heir can take onehalf the farm and get half of each type of land as far as location is concerned. In relation to the granting of the application, it is pointed out that the original Will was made over 40 years ago and that the life tenant died and the property became liable to division before any subdivision control was enacted in the Township of Clarke. The Chairman Z. Richard Lovekin, withdrew from the hearing of this application and Mr. K. Schoenmaker as senior member assumed the chair. After due consideration the secretary was instructed to request a full survey in order that the application could be finalized and this application was adjourned until such time as a Plan of Survey is submitted to the Committee for further consideration. CLASSIFICATION "K" Meeting adjourned at 12:30 p.m. G -c.c 4_ 7 Secretary-Trea ret MEETING of the COMMITTEE OF ADJUSTMENT for the TOWNSHIP OF CLARKE Monday, February 10, 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, Observers. J. Ochonski, W. Schmahl, L. Bradley, R.R. #2 Orono, Ontario. The minutes of meeting January 21, 1969 were approved as read on motion by E.F.R. Osborne.and seconded by K. Schoenmaker. Carried. The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from H. DeWith, Acting Clerk, of the Township of Clarke, dated January 24, 1969 with attached certified copy of By -Law No. 1613, a By -Law to amend Zoning By -Law No. 1592;