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;