HomeMy WebLinkAbout02/10/1969Page 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;
C
C
Page 2
Meeting Committee of Adjustment February 10, 1969:.
(2)* Correspondence from Department of Municipal
Affairs outlining the procedure with regard to
"Proof of Decision for Minor Variances" i
The Committee noted the contents thereof and return?same to the
Secretary for filing.
Application File No. 161-68
W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Floyd Arthur Nicholson, Owners,
Mable Pearl Nicholson,
Orono, Ontario,
for part of Lots 8 & 9,.
West Range, Block "G",
Police Village of Orono, Ontario,
Township of Clarke,
Submission No."A" i4 -/-G3-3
As business arising from minutes of meeting of January 13, 19697
this application was brought forward for further consideration.
W. Kay Lycett B.A., Barrister & Solicitor, of Orono, Ontario,
agent for the applicants appeared in support of this application.
No other,person appeared in support of, or in opposition to this
application. .
Mr. Lycett asked the Committee for permission to adjourn
this application pending the presentation of a Plan of Survey. Permission
granted and this application was adjourned accordingly.
CLASSIFICATION "P"
Application File No. 164-69
Walter Yarema, Owner,
R.R. #1,
Newtonville, Ontario,
for part of Lot 6, Con. 11,
Township of Clarke,
Submission No.
As business arising from the minutes of the past meeting this
application was brought forward for further consideration.
Mr. Walter Yarema and 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.
The Committee reported that due to inclement weather they
had been unable to visit the property and this application was ad-
journed until such time as they can keep this appointment.
CLASSIFICATION "0"
Application No. 165-69
166-69
Mr. Nick Yarema
R.R. #1,
Newtonville, Ontario,
for part -of Lot 6, Con 11,
Township of Clarke,
Submission No. -b"
m' .vc -bv - ,s,
As business arising from the minutes
application was brought forward for further
of the past meeting this
consideration.
Mr. Walter Yarema and 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.
Owner,
The Committee reported they had not had the opportunity to
view the property and the -final decision was set over until such time
as visual inspection of the property was possible.
Page 3
Meeting of Commitee of Adjustment February 10, 1969:..
The Committee noted that while there were 3 separate
applications, in effect, 2 of the applications are for the
re -alignment of boundaries so in reality there was only 1
severance.under consideration. The re -alignment of boundaries
presents no particular problem and simplifies the legal description
and boundary lines.
The Committee noted that this application for severance
is from a fa..Fmer retiring to a smaller plot of ground, building
a new home and selling former land with the extra house.
'his application was adjourned awaiting inspection by the
Committee.
c
CLASSIFICATION "E"
Application File 167-69
E. Richard Lovekin B.A., LL.B.,
Barrister & Solicitor,
Box 9, Newcastle, Ontario,
Mr. James P. Lovekin, Owners,
c/o E. Richard Lovekin B.A. LL.B.,
Newcastle, Ontario,
for part of Lot 35, Con. 1,
Township of Clarke,
Submission No. 'dB" 167-69-144
As business arising from minutes of the last meeting this
application was presented for further consideration.
E. Richard Lovekin, B.A., LL.B., Barrister & Solicitor,
Newcastle, 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 Plan of Survey, prepared by M.D. Brown, Ontario
Land Surveyor, Bowmanville, Ontario, dated February
10, 1969, Job #69011.
The Committees
(1)
Perused the
survey submitted by E.R. Lovekin,
B.A.,
LL.B.,
(2)'
Referred to
the minutes of meeting January 21,
1969;
and
after due consideration were satisfied that the applicants had
complied with the conditions imposed as evidencEdin the former minutes.
Application granted on motion by E.F.R. Osborne, seconded by
K. Schoenmaker. Carried.
CLASSIFICATDN "K"
c
Application File`No. 168-69 W. Kay Lycett B.A. Agent,
Barrister & Solicitor,
Orono, Ontario,
Audrey Milligan, Owners,
a
Amy Sophia Milligan,
Jean Lorraine Hall, 'l
Newtonville, Ontario, J
for part of Lot 7, Con. 11,
Township of Clarke,
Submission No. "B" 168-69-145
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 approximately
1201x1321being approximately 15,210 square feet in area from the
applicants' land.
C,
Page 4
Meeting Committee of Adjustment February 10, 1969:
W. Kay Lycett B.A., Barrister & Solicitor, agent for the
applicants appeared in support of this application. No other
person appeared in support of, or in opposition to this application.
The Secretary reported that 14 notices of ,the said hearing had
been mailed in accordance with Item 4 of The Rules of Procedure.
W. Kay Lycett B.A., presented the following material to the
meeting:
(1) A Plan of Survey prepared by M.D,Brown, Ontario Land
Surveyor, Bowmanville, Ontario, dated December 27,
1968, ,job 63021"A".
The Committee noted the following facts:
(1) The application form had been amended and initialled
by W. Kay Lycett B.A., to show the dimensions of the
subject land to be the same as the survey submitted;
(2) This is an application for a severance on a property
located in an "R1" Zone and abutting on King's Highway
No. 2 within the limits of the Hamlet of Newtonville,
Ontario.
(3) While the applicant had a previous severance of a
similar lot (ref. Sub. "B" 152-68-137), the
Committee were of the opinion that this was an
irrelevant consideration as each application should
stand on its own merits.
(4) The granting of the severance would not landlock
any large area and there appeared to he no problem
in relation to drainage or topography.
(5) No further lands are available to the applicant for
the creation of new lots as the location of a house on
the present property is such that the entire remaining
frontage should be retained by the person owning
the remaining lands.
Since there is no legal line between a Hamlet and the abutting
countryside, it is difficult to say precisely where the built up
area of a Hamlet ceases and'a ribbon development begins. The
relevant By -Law having decreed that this part of the Hamlet of
Newtonville is is an "R1" Zone, the Committee felt that this was
a prime factor to be taken into consideration.
Application granted on motion by E.F.R. Osborne and seconded by
K. Schoenmaker. Carried.
CLASS TFTCATTON "J"
Application No
169-69 W. Kay Lvicett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
John Leon Clapdorp, Owner,
Orono, Ontario,
for part of Lots 12 & 13,
East Range, Block "F','
Police Village of Orono,
Township of Clarke,
Submission No. B169-69-146
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 approx-
imately 30' x 143.88' being approximately 4,316.40' square feet in
area from the applicant's land.
Page 5
Committee of Adjustment Meeting February 10, 1969:
The Secretary reported that 24 notices of the said hearing
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 applicant and Mr. John Moffat, Orono, Ontario, Chair-
man, Medical Centre, Orono, 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) Correspondence from W. Kay Lycett B.A., Barrister
and Solicitor, Orono, Ontario, dated December 31,
1968. The Committee duly noted the contents thereof;,
(2) A Plan of Survey prepared by M.D. Brown, Ontario
Land Surveyor, Bowmanville, Ontario, dated December
119 19689 Job 68108;.
The Committee noted the following facts:
(1) In the year 1961 Messrs. Moffat and Rutherford,
acting on behalf of the Little Charitable Foundation
of Orono purchased their present holding for the
erection of a medical centre;
(2) At that time, Orono having no municipal water system,
they were unable to acquire a strip of land 301x
143.881. By -Law 1351, Sec. 3 required the lots in
Orono to have an area of 15,000 square feet;;
(3) Messrs. Moffat and Rutherford then accepted a lease
of the said property for twenty years plus the option
to purchase the same at any time during the currency
of the lease for the sum of $1.00, so they could provide
enough room for entrance, exit and parking facilities.
(4) Since that time Orono has installed a water system
and the lot requirements have been reduced to 7500 square
feet (ref. by-law 1588 Sec 3) and the applicants wish
to purchase the said property.
The Committee were of the opinion that granting this application
would enlarge a present holding without creating any physical change
such as additional buildings etc. and would also be highly desirable
in order to provide room for a smooth flow of traffic.
`application granted on motion by K. Schoenmaker, seconded
by E.F.R. Osborne. Carried.
CLASSIFICATION "Hrl
Page 6
Meeting Committee of .adjustment February 10, 1969:.
A
pplication File No. 170-69 Maurice b'Neill, Owner,
R.R. #19
Newtonville, Ontario.
for part of Lot 10, Con. 11,
Township of Clarke,
Submission No.,V' i7v-&97C
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 approximately
3401x1328' being approximately 451,520 square feet in area from the
applicant's land.
The Secretary reported that 16 notices of the said hearing
had been mailed in accordance with Item 4 of The Rules of Procedure.
Mr.,Maurice O'Neill, R.R. #11 Newtonville, Ontario, the
applicant appeared in support of this application. The following
abutting owners also appeared as observers: Mr. Alfred 'Mark and
Mr. George Stapleton, both of Newtonville, Ontario.
The Secretary -Treasurer presented the following material
to the meeting:
(1) A Pen Sketch of the proposed severance prepared
by Mr. O'Neill:
Mr. O'Neill was invited to make his submissions and stated as
follows:.
(1) He is the owner of 100 acres, acquired approximately
16 years ago;;_
(2) The land to be severed is served by an an all weather
road ; is of no -use for agricultural purposes;
slopes into a valley and hilly on both sides; and to
his knowledge had never been used as farm land in
the past.
(3) Under By -Law 1592 with amendments thereto, his farm
has been zoned (a) Development (b) Residential and
(c) Agricultural
The Committee considered the facts presented and this application
was adjourned to enable the Committee to visit the property.
CLASSIFICATION "E"
Application File No. 171-69 Mr. R. Jones, Agent,
130 King St. E.,
Oshawa, Ontario,
Mr.: Jack T. Story2 Owner,
R.R. #21 Orono, Ontario.
for part of Lot 34, Con V11,
Township of Clarke,
Submission No. "B" 171-69-167
'''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 approximately
750 x 18001
being approximately 30 -acres from the applicant's land.
(/ The Secretary reported that 28 notices of the said hearing
had been mailed in accordance with Item 4 of The Rules of Procedure.
Mr. Jack T. Story, R.R. 42 Orono, Ontario, the applicant,
appeared in support of this application. Also appearing were abutting
owners as observers, Mr. R.W. Swan R.R. #2 Orono, Ontario and Mr.
A.B. Wright, 300 High Street, Bowmanville. No other person appeared
in support of, or in opposition to this application.
Page 7,
Meeting Committee of Adjustment February 10, 1969:.
The Secretary -Treasurer presented the following material
to the meeting:.
(1) A Pen sketch of the proposed severance prepared by
,` Mr. Story.
Mr. Story was,invited to make his submissions and stated as
follows:.
(1) The proposed purchaser, one Gary Gordon, is a full
time employee of Marvin Farms; lives in Oshawa;
wishes to be near his work and as a hobby would
like to raise horses;
(2) The subject land abuts the Marvin Farm and is
poor for crops but would be ideal as grazing land..
(3) Mr. Story further stated that he is not an
employee -of Mr. Marvin and would not be involved
in this nterprise.
(4) There is a mortgage on the property, and the
mortgagee is prepared to release this portion, if
severed.
The Committee considered the facts presented and this application
was adjourned to enable the Committee to visit the property. It was
also suggested that the proposed purchaser attend the next meeting
on March 11, 1969, at which time this application will be considered
further.
CLASSIFICATION "E"
Application File No. 172-69
Wm. 1
Mr./George Mercer
Mrs. Dorothy B. Mercer Owners,
Kendal, Ontario,
for part of lots 15 & 169
Block "V", Hamlet of Kendal,
Township_of Clarke,
Submission No.,B" 172-69-147
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 approximately
67.32'x217°.48' being approximately 15.024 square feet in area from
the applicants' land.
The Secretary reported that 14 notices of the said hearing
had been mailed in accordance with Item 4 of The Rules of Procedure.
Mr. Wm. George Mercer, the applicant appeared in support of this
application'. Also'appearing as an observer was Mr. Reginald Elliott,
y. m -V an abutting owner, No other person appeared in support
of, or in opposition to this application.
The Chairm&n of the Committee, E. Richard Lovekin, stated that
while he had no personal interest in this particular matter, he
was involved as a Solicitor on other matters for the applicant and
he, therefore, withdrew with the members' consent. Mr. K. Schoenmaker
as senior member assumed the chair.
The Committee noted the following:
(1) The proposed
area, in the
is a minimum
of 120';
(2) The remaining
severance is located in an "R1" settlement
Hamlet of Kendal where the required lot size
of 15,000` square feet with'a minimum frontage
lot would have an area of 14,098 square feet;
Meeting Committee of Adjustment February 10, 1969:
(3) Immediately east of the remaining lot is an unopened
road allowance of 33' x 1651. The Committee were
of the opinion that it would seem unlikely this
road allowance will be opened in the future, as it
is only 33' wide and a dead end.
(4) On the proposed severance is situate a frame dwelling
and on the remaining lot are two frame sheds.
(5) The frontages of each lot would be 67.322.
This application was adjourned to enable the Committee to visit
the property.
CLASSIFICATION "A"
Application File No. 173-69
George Lumley Owner,
R.R. #1,
Newtonville, Ontario,
for part of Lot 2, Con 111,
Township, of Clarke,
Submission No. 8",73 -694 t; -
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 approx-
imately 580' x 150' being approximately 2 acres 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. George Lumley, R.R. #1 Newtonville, Ontario, the applicant,
and Mr. and Mrs. Richard Weaver, brother-in-law of Mr. Lumley, same
address appeared in support of this application. No other person
appeared in support of, or in opposition to this application.
The Secretary -Treasurer presented to the meeting the following
material:.
(1) A Pen sketch of the proposed severance prepared
by Mr. Lumley.
Mr. Lumley was asked to make his submissions and he stated
as follows:.
(1) His total holdings of 64 acres were purchased
about a year ago;
(2) He is employed in Oshawa and prefers living in
the Country;
(3) He has acquired a tractor and other farm machinery;
and his stock consists of 3 cattle and 3 horses, at
present,
(4) If this severance is granted Mr. and Mrs. Richard
Weaver are prepared to build a house and live on
the property thus enabling Mr. Weaver to assist in
the agricultural enterprise.
The Committee considered all the facts presented and this application
was adjourned to enable the Committee to visit the property.
CLASSIFICATION "E"
Page 9
Meeting Committee of Adjustment February 10, 1969;.
Application File No. 174-69 Nancy G.`Hood, Owner,
R.R. #2,
Orono, Ontario,
for part of Lot 30, Con. V1,
Township of Clarke,
Submission No.
Application was made for exemption or partial exemption
from provisions of Subdivision Control By -Law No. 1592 with
amendments thereto to permit a minor variance in a "D" Zone.
The Secretary reported that 18 notices of the said hearing
had been mailed in accordance with Item 4 of The Rules of Procedure.
Mr. David John Hood as agent and Mrs. Nancy G. Hood, R.R.
#2 Orono 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
meetings
(1) Jk photostat of part of a Plan of Survey outlining
the subject lands.
The Committee:
(1) Considered the application submitted and listened
to the oral representations of the applicant's
husband, Mr. David John Hood;
(2) Perused a deed presented by Mr. Hood from one
Ronald Hugh Reese and Marilyn Ann Reese to Nancy
Gail Hood, whom the Committee assumed was the legal
spouse of David John Hood;
(3)Recalled that Mr. Hood had stated he was the owner
of abutting lands and if these lands were held by
him by any other conveyance than a Deed to Uses,
his wife Nancy Gail Hood would have an interest in
abutting lands and a title problem would result;
(4) Noted that one A.E. Laskowsky, Barrister & Solicitor,
73 Centre St., Oshawa, Ontario, was .Solicitor for
Nancy Gail Hood when the Deed of Land was registered
in the Registry Office for the Registry Division of
the West Riding of the County of Durham for the Town-
ship of Clarke as number N38748 at 4:.23 o'clock P.M.
of the 24 day of October, 1968;
In order to avoid the problem of the Committee giving an
inadequate or improper consent, the Secretary was instructed to
send icx)d*= a copy of this interim decision to Mr. Hood with
the suggestion that he contact his Solicitor and arrange to supply
the Committee with the historical summary of his root of title
in order that the Committee might satisfy themselves that Nancy
Gail Hood held under a valid deed and was, thereforef an owner with-
in the meaning of the regulations governing this application and
in order that a proper consent could be given or refused on the basis
of a known factual situation.
This application was, therefore, set over until the next
meeting of the Committee to be spoken to further at that time.
CLASSIFICATION "J"
11
Page 10
Meeting of Committee of .adjustment February 10, 1969:.
Application File No. 175-69
W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Harold E.J. Souch, Owner,
R.R. #1,
Newtonville, Ontario,
for part of LoT 5, Con. V,
Township of Clarke,
l Submission No.'A'/Ic-9.9 s7
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
approximately 150' x 300' being approximately'45,000 square feet
in area from the applicant's land.
The Secretary reported that 15 notices of the said hearing
had been mailed in accordance with Item 4 of The Rules of Procedure.
Mr. Harold E. J. Souch, R.R. 41 Newtonville, Ontario, accompanied
by his agent, 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) Correspondence from W. Kay Lycett B.A.,
Barrister & Solicitor, Orono Ontario, dated
January 27, 1969. The Committee noted the contents
thereof;;
(2) A pen sketch of the subject lands;
Mr. Lycett was asked to make his submissions and stated as follows:
(1) Mr. Souch proposes to sever an acre more or less
of his property which he intends to convey to his
son James Albert Souch, who wishes to erect a
dwelling house on the subject lands when he will
commence residence with his wife at or near his
father's farm property and will assist his father
in his farming business.
(2) Mr. Lycett stated further that Mr. Souch Sr.
is presently the owner of parts of lots 4, 5 and 6
in the fifth concession of the said Township of
Clarke, owning some two hundred acres in all and
the proposed lot is�to be located at the north-east
corner of the north half of the south half of said
lot 5 in the fifth concession of Clarke.
(3) Mr. Souch is 63 years of age, conducts a mixed
farming operation, 100 acres being in hay and
the balance as a permanent pasture for a dairy
herd. The farm has been owned by Mr. Souch Sr.,
since 1934.
(4) James Albert Souch, son of Mr. Souch Sr., is
employed by General Motors of Canada, Limited,
Oshawa, Ontario, and presently resides in Bowmanville,
Ontario.
The Committee considered the facts presented and this
gpplication was adjourned to enable the Committee to visit the
property. The Secretary was instructed to request Mr. Lycett
to prepare a Sworn Affidavit for Mr. Souch's son, James Albert
Souch, verifying that he intends to assist his father with the
farming operation.
CLAs`sfrlcr1TI0N "E,,
Page 11
Meering of Committee of Adjustment February 10, 1969:.
,Application.File No. 176-69
W. Kay Lyceft B.A., Agent,
Barrister & Solicitor,
drono, Ontario,
Ross Edward Phoenix, Owners,
Ruth B. Phoenix,
R.R. #2, Orono, Ontario,
for part of Lot 33, Con. V,
Township of Clarke,
Submission No."S"IX-0-/Ss
Application was made for exemption or partial exemption
from provisions of Subdigision Control By -Law No. 1592 with
amendments thereto so as to permit the separation of a parcel of
land approximately 6731 x 25001 being approximately 33'h acres
from the applicants" land.
The Secretary reported that 19 notices of the said hearing
had been mailed in accordance with Item 4 of The Rules of Procedure.
Mr.Rc)ss7E.ePhoenix the applicant,,accompanied by his agent
W. Kay Lycett B.A., Barrister & Soligitor, Orono, Ontario, appeared
in support of this application. The proposed purchaser Mr. Jan
Ochonski of Orono, Ontario, also appeared. No other person
appeared in support of,or in opposition to this application.
The Secretary -Treasurer presented the following material
to the metingx
(1) Correspondence from W. Kay Lycett B.A., Barrister
& Solicitor, Orono, Ontario, dated January 28,
1969. The Committee noted the contents thereof.
Mr. W. Kay Lycett as agent for the applicant made the following
submissions:
(1) Mr. and Mrs. Ross Edward Phoenix presently own
between 50 and 60 acres of Lot 337 Concession 5..
at the south end thereof fronting along the road
allowance between Concessions 4 and 5 in the said
Township;
(2) Mr. Phoenix has owned this property since 1955 and
although the land was used as farm land in the past
it is not being cultivated and used at the present
time. ,
(3) Mr. Phoenix is presently employed in production work
in the City of Oshawa, Ontario.
(4) All of these lands lie within the development zone
designated -under the present zoning by-law 1592 with
amendments thereto and the proposed purchaser wishes
to acquire the same for future development purposes.
(5) Mr. -and Mrs. Phoenix would retain some 25 acres
lying north of the subject lands upon which they have
erected their present dwelling house and the proposed
contract of purchase and sale provides that they retain
an access to this retained parcel over the subject lands.
The Committee considered the facts presented and this
application was adjourned to enable the Committee to visit the
property.
CLASSIFICATION "E"
Page 12
Committee of Adjustment Meeting February 10, 1969:
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.'6"'���'by'�s/
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 approximately 140' x 350' being approximately 49,000 square
feet in area from the applicant's land.
The Secretary reported that 15 notices of the said hearing
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 applicant appeared in support of this application.
No other person appeared in support of, or'in opposition to this
application.
Thq Secretary -Treasurer presented the following material
to the meeting:
(1) Correspondence from W. Kay Lycett B.A., Barrister
& Solicitor, Orogo, Ontario, dated January 28,
1969. The Committee noted the contents thereof;
(2) A pen sketch of the subject lands;
Mr. W. Kay Lycett as agent for the„ applicant made ,the
following submission:
(1) Mr. Herman Horstman wishes to sever a parcel of
land being approximately 140' x 350' from
his present holding of approximately 28 acres.
(2) Mr. Horstman's present holding falls within two
different zones, the northern portion of his
holding falls within an "R1” Zone and the southern
portion falls within a Development Zone;
(3) The proposed severance would be within an "R1"
Zdne and would seem adequate in size.
The Committee:
(1) Noted that the lot is located in a built up area
and might be considered to come within their category
of an infilling operation.
This application was adjourned to enable the Committee to
visit the property.
CLASSIFICATION "J"
Meeting adjourned at 1:00 A.m.
Secretary-Tre ser