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HomeMy WebLinkAbout05/05/1969Page 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. Page 2, Meeting of Committee of Adjustment, May 5, 1969; Application -'File No. 159=68 Hessel Tot, Owners Margaret Tot, 317 Anderson Avenue, Oshawa, Ontario.,, for part of Lot 30, Con. Vi, Township of Clarke, Submission No. "A" 159 -68 - As business arising from past minutes this application was presented for further consideration. No person appeared in support of or in opposition to this application. The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from Mr. & Mrs. H. Tot, 317 Anderson Avenue, Oshawa, Ontario, dated Aprfl 28, 1969 wherein they state 11as you have already been advised by Mr. Hood, we have sold the lot for which we filed an application for adjustment. As we are no longer interested in this lot, would you please advise the Committee that our application may be cancelled." signed "Mr. & Mrs. H. Tot" The Committee duly noted the contents thereof and instructed the Secretary to annotate the file accordingly. This file is now finalized. CLASSIFICATION "P" 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" 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 support of this application. No other person appeared in support of or in opposition to this application. The Secretary reported that this application had been granted at the meeting held on April 14, 1969. Since that time Mr. Nicholson had submitted a Plan of Survey, prepared by and signed by-".M.D. Brown," Ontario Land Surveyor, Bowmanville, Ontario, on April 18, 1969,numbered 69039. • . The Committee: (1) Perused the Plan of Survey, noting that the dimensions were the same as approved by them, on April 14, 1969, with the exception that the survey attached to the application had been properly endorsed by an Ontario Land Surveyor. The Secretary was instructed to send the copy of the survey submitted to the Department of Municipal Affairs and the records to be annotated accordingly. CLASSIFICATION "P" Page 3 Meeting of Committee of,Adjustment, May 5, 1969; Application File No. 170=69 Maurice O'Neill, Owner, R.R. #1, Newtonville, Ontario, for part of Lot 10, Con. 11, Township of Clarke, Submission No.'©" 17o--0--17= As business arising from minutes of past meetings this application was brought forward for further consideration. Mr. Maurice O'Neill, the applicant, appeared in support of this application. No other person appeared in support of or in opposition to this application. Mr. O'Neill stated that in re -considering his application he was prepared to give more frontage on the road allowance which would give the proposed severance greater frontage and would thereby facilitate entry. Mr. O'Neill invited the Committee to inspect the property now that winter was gone and they could now readily see the entire property, Mr. O'Neill further indicated that he does not wantthis matter finally disposed of until the final decision is handed down on By -Law 1592 with amendments thereto by the Ontario Municipal Board. He also wished to leave the matter open for any further representation or explanation he may care to make. Mr. O'Neill was informed that his further comments would be recorded and the Committee will re -visit the property at the first reasonable opportunity and assured Mr. O'Neill that his further representations would be considered. CLASSIFICATION "E" Application 171-69 Mr. R. Jones, Agent, 130 King St. E., Oshawa, Ontario, Mr. Jack -T. Story, Owner, R.R..#21 Orono,Ontario, for part of Lot 34, Con-Vll, Township of Clarke, Submission No."B" 171-69-167 As business arising from minutes of past meetings this application was brought forward for further consideration. 11 Mr. Jack T. Story, the applicant, appeared and presented a Sworn Affidavit signed by the proposed purchaser "Gary M.Gordon" The Committee perused the Affidavit and were of the opinion that the Sworn Affidavit did not give enough detail of the proposed purchaser's intentions with regard to the proposed severance and the Secretary was instructed to correspond with Miss Gladys -O. Roy, Barrister & Solicitor, Bowmanville, Ontario, requesting further information. This application was adjourned pending submission of the required material. CLASSIFICATION "E" 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. "B" 173-69-152 As business arising from minutes of past meetings, this application was presented for further consideration. Page 4, Meeting of Committee of Adjustment,. May 5, 1969; Mr. and Mrs. Richard Weaver, the prospective owners, 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 registered letter dated April 51 1969, received April 8, 1969, signed "G. Lumley" with regard to his appeal against the decision of the Committee of Adjustment; (2) Correspondence from The Ontario Municipal Board, 145 Queen Street West, Toronto 19 Ontario, dated April 21, 1969 requesting certified copies of Committee of Adjustment papers for file 173-69 in order to process the appeal. The Secretary reported that all the material pertaining to this file was ,mailed to The Ontario Municipal Board'on•April 28, 1969. The Committee instructed the Secretary to file this application pending official notification from The Ontario Municipal Board of their decision and the matter finalized. CLASSIFICATION "E" Application File No. 184-69 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Conley James Battams, Owners, Verna Muriel Battams, Leskard, Ontario, for part of Lot 31, Con. Vll, Township of Clarke, Submission No;`K3•"/6 f-6�-i3 As a matter of record this property was visited by the Committee on Saturday, April 26, 1969. W. Kay Lycett B.A., Barrister & Solicitor, agent for the applicants appeared in support of this application and requested the Committee to„adjourn this application to enable the applicants to produce any further evidence to support their submissions as contained in their Solicitor's letter dated March 10, 1969. No other,person appeared in opposition to this application. Application adjourned for further consideration at meeting to be held on June 2, 1969. CLASSIFICATION "O” Application File No. 185-69 Joseph H. Jilisen, Owner, R.R. #12 Newtonville, Ontario, for part of Lot 10, Con 111, Township of Clarke, Submission No.-6"/96-0- As o."b /9s -0 - As business arising from minutes of past meetings this application was brought forward for further consideration. Mr. and Mrs. Joseph H. Jilisen, R.R. #1 Newtonville, Ontario, the applicants appeared in support of this -application. No other person appeared in support of or in opposition to this application. As a matter of record the Committee visited this property on Saturday April 26, 1969. The Committee viewed the property, walked on the old road and noted that the bridge was out. The creek flows north. The Committee referred to the statements made by Mr. Jilisen at the last meetin and f g ound them to be subtantially correct. Mr. Jilisen accompanied the Committee and showed them the entire area. . . . . Page 5 Meeting of Committee of Adjustment, May 5, 1969; The Committee noted:. (1) This property abbuts property owned by one Maurice O'Neill to the south. Mr. O'Neill also has an application pending before this Committee for a severance;: (2) The land proposed to be severed by both Mr. O'Neill and Mr. Jilisen is contiguous and the two applications have a great many matters in common; (3) It is quite clear in the case of Jilisen that he is proposing to divide his property along a'natural line of division with the arable land and house being retained by him and the rather rough ravine and creek, land suitable for recreational use, to be sold; (4) Mr. Jilisen was informed that the Committee did not wish to sever lands when such a severance might be contributing to a problem of contravention of proposed zoning in the area and they would, therefore, require that the nature of the proposed future use of the land be disclosed to them. The matter was adjourned to allow Mr. Jilisen to determine these facts and submit them to the Committee for further deliberation; Mr. Jilisen agreed with this request and stated that he would submit such facts in writing or orally at the next sitting of the Committee on June 2nd, 1969. CLASSIFICATION "E" Application File No. 186-69 William Hoy, Owner, Kendal, Ontario, ' for part of Lot 121 Con V17 Township of Clarke, Submission No. "B" 186-69-168 As business arising from minutes of past meetings this application was brought forward for further consideration. Mr. William Hoy, the applicant, appeared in support of this application. No other person appeared in support of or in opposition to this application. As a matter of record the Committee visited this property on Saturday, April 26, 1969. The Committee, accompanied by Mr. Hoy, inspected the property and noted the following facts: (1) The proposed location of a house would be on high, dry ground; (2) A bona fide farming operation was being carried on by the applicant with land being cultivated prior to seeding. The applicant was an agriculturist of lifetime standing in the area, a fact sub- stantiating his bona fides;: (3) A short time ago, the applicant was in a car accident at which time a gravel truck 'dame through a "stop" sign; striking his car. His daughter riding with him was killed and he suffered serious injuries to his leg resulting in a shattered ankle and the removal of a knee cap. On such facts it is quite apparent that there is evidence to support his contention that his physical condition has changed substantially recently, through cir- circumstances beyond his control and not forreasons of old age, but poor health. Page 6 Meeting of Committee of Adjustment, May 5, 1969; The Committee considered all the facts as presented and requested the applicant to complete his application by submitting a proper Plan of Survey prepared by an Ontario Land Surveyor. This application was adjourned until such time as the Plan of Survey is presented to the Committee for their approval. CLASSIFICATION "E" Application File No. 187-69 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Antonio Speziale, Owners, Maria Speziale, Raffaele Moro, R.R. #2, Newcastle, and 279 Nairn Avenue, Toronto 10, Ontario, for part of Lot 21, Con. 1, Township of Clarke, Submission No. "B" 187-69-64 As business arising from minutes of past meetings this application was brought forward .for further consideration. W. Kay Lycett B.A., agent for the applicants, appeared in support of this application. No other person appeared in support of, or in opposition to this application. As a matter of record this property was visited by the Committee on April 26, 1969. Mr. and Mrs. Speziale accompanied the -Committee on their inspection. The Committee noted: (1) The property is located on the south side of the Highway 42. The property was bought by Mr. Speziale and his brother-in-law;, (2) A survey stake showed that the property was being divided into two rectangular pieces of similar dimensions running from Highway 42 to Highway #401. The land was workable near Highway 42 and some bush was on the south end. A farm tractor was seen on the property;. The Committee also noted that both severances were approximately 35 acres in size, the buildings were to be kept in one parcel, the other parcel having no buildings. The Secretary -Treasurer presented a Sworn Affidavit, signed by William Kay Lycett stating in part " I attended at the Registry Office in Bowmanville and made a certain examination as to the title to the property in question. This search of title revealed and substantiated all the facts set forth in my letter to the Secretary, of the Committee of Adjustment, of the Township of Clarke, dated March 20th, 1969." The Committee: (1) Noted the facts covered in the Sworn Affdavit; (2) Noted that the Plan of Survey pre -dates Bill 89 and shows the entire holding held by both families, who purchased in common; and were of the opinion that approval should be given to this application, on the basis that the documentary evidence submittted showed a clear intention to sever some two years previous to the amendment to the Act which made the transfer to 10 acre parcels illegal and void without consent and to refuse to sever would frustrate such an arrangement. Application granted on motion by E.F.R. Osborne and seconded by K. Schoenmaker. Carried. CLASSIFICATION "E" Page 7, Meeting of Committee of Adjustment, May 51 1969;. Application ­File No. 190=69 Messrs. Strike & Strike, Barristers & Solicitors, Box 7,, _ Bowmanville, Ontario, Orley Trew, R.R.,#12 Campbeilcroft, Ontario, Agent, Owner, for part of Lot 1, Con. V111, Township of Clarke, Submission No. As business arising from minutes of the past meeting, this application was brought forward for further consideration. M.B. Kelly, B. Comm, LL.B., as. agent for the applicant appeared in support of this application. No other person appeared in support of, or in opposition to this application. The Committee attempted to visit the property on Saturday, April.26, 1969 but were unable to locate the exact location. The Secretary -Treasurer presented the following material to the meetingx (1) Correspondence from M.B. Kelly, B.Comm, LL.B., Messr`s. Strike & Strike, Barristers & Solicitors, Box`7 Bowmanville, Ontario, dated March 24, 1969. The Committee noted the contents thereof; (2) A Plan of Survey prepared by M.D. Brown, Ontario Lund Surveyor, 121 Queen Street, Bowmanville, Ontario, dated March 11, 19697 #69021, with a notation "This survey was completed on the 10th day of_March, 1969";, The Committee perused the Plan,of Survey and Mr. Kelly was invited to make his submissions, this he did as followst (1) Mr. Trew, the applicant, and Mr. John Purdue the proposed urchaser, are very good friends and it is their wish to be neighbours. Mr. Purdue is very anxious to buy this land for the following reasons:. (a) ` He is employed in this area in the Tobacco Farming Industry and is a trained worker in tobacco,_originally coming from the United States of America, (his accent clearly indicated this fact to be true); (b) He presently rents a -home at Enterprise, Ontario about 10 miles away from his work and this necessitates driving back and forth] (c) He proposes to build a house on the subject land. As a matter of fact the Kendal area is superior as a tobacco growing area compared with the Enterprise area and it would'be advantageous to this man to live in.the Kendal Area;; (d) He has been employed i_n the tobacco industry " all his life and grew 80 acres as a sharecropper last year across the road, but the property was sold and he now faces the problem of re -location;, (e) His family consists of his wife and one daughter living at home;, (f) He owns land at McRae's Church in Manvers Township being a parcel of about 1'h acres, but this location' is 10 or 12 miles away from the Kendal area; Page 8 Meeting of Committee of Adjustment, May 5, 1969;, Mr. Kelly further stated that ifi his opinion this severance for 10 acres is different in nature from multiple severances as Mr. Purdue is not a speculator. He intends to build a home and work at"agriculture in the area and live there. He has a herd of approximately 7 cattle which he pro- poses to keep on the land. The severance would not divide the farmland and the fact that two friends wish to work together should be favorable. Mr. Purdue is a bona fide agricultural worker actively em- ployed in the district before the passing of By -Law 1592 with amendments thereto. In summary, Mr. Kelly's allegation was that Mr. Purdue's presence in the area enabled him to earn a livelihood as a tobaccoJfarmer and he was not re -locating from an urban location but re -locating himself in the area where he was previously employed as a 'sharecropper or worker. I The Committee considered all the facts presented and this application was adjourned for further consideration. CLASSIFICATION "F." Application File No. 191-69 Gerrit Rekker Owners, Dieuwke Rekker, 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 As business arising from minutes of the past meetingthis application was brought forward for further consideration. As a matter of record this property was visited by the Committee on Saturday, April 26, 1969. The Committee noted the following facts: (1) The proposed lot to be created is on the West side of the property; (2) There appeared to be adequate frontage and depth for a home on the lands to be severed;; (3) Briefly the physical facts are that the property has a valley, at the bottom of which is a stream and the proposed lot is to the West of the stream, but on the high ground facing the road. The valley would have a scenic value only; (4) Mr. Rekker, the applicant intends to retain his home and garden which is on the east side of the stream. This does not in any way detract from the lot to be created„ (5) The property is surrounded by Village lots of a similar size and nature; (6) The daughter and son-in-law of the applicant, who are now livtg with the applicant, would move into the new house. Mr. Gerrit Rekker, the applicant, appeared in support of this application. No other person appeared in support of or in opposition to this application. Page 9 Meeting of Committee of Adjustment, May 52 1969; The Secretary presented to the meeting, correspondence . from Joseph P. Mangan Q.C., dated April 21, 1969 indicating that Mr. Rekker was prepared to amend his application to include the 40' right-of-way previously reserved. Mr. Rekker stated that.he concurred in the letter written by his Counsel, Joseph• P. Mangan Q.C., of Oshawa. The Committee requested the applicant to complete his application by submitting a proper Plan of Survey, prepared by an OntL.rio Land Surveyor. This application was adjourned until such time as the Plan of Survey is submitted to the Committee for their further consideration. CLASSIFICATION "J" Application File No. 193-69 194-69 Creighton, Drynan, Murdoch, Agent, & Victor, Barristers & Solicitors, 5 Simcoe St. N., Oshawa, Ontario, Edward G. Tozer, Owner, 472 Juliana Dr., Oshawa, Ontario, for part of Lot 11, Con. 1V, Township of Clarke, Submission No. "B" 193-69-iGs' "B" 194-69-%�,4, As business arising from minutes of the past meeting this application was brought forward for further consideration. As a matter of record the Committee visited this. property on April 26, 1969. Mr. Tozer, the applicant, accompanied the Committee on their inspection and indicated that he was in the process of dividing this property and the surveyor had started the preliminary work but had not actually staked the ground. Bill 89, an act to amend The Planning Act of Ontario was enacted and he had been unable to register deeds to parcels of 10 acres or more before controls were imposed. Joseph C. Victor Esq., Barrister & Solicitor, agent for the applicant, 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 Joseph C. Victor, Creighton, Drynan, Murdoch & Victor, 5 Simcoe St. North, Oshawa, Ontario, dated April 29, 1969, indicat- ing that Mr. Tozer's intention was to convey, approximately,40 acres to a,company for recreat- ional activity and that he had entered into a tentative sale of the 10 acre parcel which he wished to sever in order to complete the sale. The Committee noted the following factsx (1) Mr. E.G. Tozer of the City of Oshawa has made two, applications to the Committee of Adjustment to sever property„owned by him in Lot 11, Concession 4, Township of Clarke; (2). The same reasons for judgment will be given to cover both applications, for reasons which will be obvious when the judgment is read; Page 10 Meeting of Committee.of Adjustment, May 5, 1969; 3. The applicant, Mr. Tozer was in the process of splitting up his holding into 10 acre parcels at, the time Bill 89 was passed and was within a few days of accomplishing this end. 1 4. While it is unfortunate for Mr. Tozer that he was.not able to accomplish this end, the Committee can see no reason why they should facilitate the completion of this plan at this time as it does not fall within the<frustrated contract rule and no documents had been prepared to affect any sale. It is clear, how- ever, that a pond had been built at the south end of the property and stocked with fish and this area is completely different in character from the area in the north which was left as farmland and the Committee are satisfied that this physical evidence indicates a clear intention on the part of the applicant to sever lands to the south for recreational purposes and retain the lands to the north-foragriculture or building purposes.- The recreational lands had apparently been so developed in order that they might be sold to a Corporation to entertain their clientele thereon. 5. The Letters Patent of the said Corporation did not empower them to hold land and the deed has not been registered, to date, because the Solicitors had to incorporate a new corporate entity to hold the lands. In these particular circumstances, bearing in mind that the severance created will be recreational and the character of the land had been changed before the passing of Bill 89 is interpreted by the Committee as physical evidence of intention to sever. The application 'to sever the southerly portion (application 193-69) from the northerly portion• (application 194-69) is granted on motion by E.F.R. Osborne and Seconded by K. Schoenmaker. Carried. The application to sever the northerly portion (application 194-69) is refused on motion by E.F.R. Osborne and seconded by K. Schoenmaker. ,Carried. CLASSIFICATION "M": "E" Application File No. 195-69 Joseph Barnoski, Owner, 110 Park - Road N., Oshawa, Ontario, for part of Lot 3, Con 111, Township of Clarke, Submission Application was 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 a parcel of land approximately 660' x 6601, approximately 10 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. Joseph Barnoski, the applicant, appeared in support of this application. Mr. Joseph Francek, R.R. 41 Newtonvilleg Ontario also appeared. No other person appeared in support of or in opposition to this application. Page 11 Meeting of Committee of Adjustment, May 511969; The Secretary -Treasurer presented the following material'to the meeting: (1) A photostat sketch of the subject land prepared by one Eileen A. Blackwell, Box 201, Newcastle, Ontario, The Committee perused the sketch presented and invited Mr. Barnoski to present his submissions: Mr. Barnoski introduced his son-in=law Mr. Allan Frank Davey, 611 Lansdowne Dr., Oshawa, Ontario, and stated that the reason for the severance is for a gift to his daughter and son-in-law, Mr. and Mrs. Davey. Mr. Barnoski further stated as follows:. (1) He owns approximately 210 acres, being the whole of Lot 3 and the whole of Lot 4. The original acreage about 148 acres were acquired in 1956 and a further 62 acres about 1962; The total now held is approximately 210 acres. The land has 55 acres of tobacco growing rights acquired over a number of years (31 + 12 + 12z); (2) His age is 58 years and he now lives at 110 Park Road N. Oshawa, Ontario. He moved to Oshawa when his son Edward, now age 32 married, and this son operates the farm on a full time basis; (3) Mrs. Allan Davey, his daughter, comes from Oshawa to assist in the tobacco growing operation. She has considerable experience in this field of about 10 years and her help is very valuable. ('4) This application is requested to give his daughter and son-in-law a lot of approximately 10 acres on which to build a house to enable Mrs. Davey to_help with the tobacco growing operation. This is necessitated by the shortage of experienced help. F The Committee considered the facts presented and this application was adjourned for further consideration at the meeting to be held on June 2, 1969. CLASSIFICATION "E" Application File No. 196-69 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Bruce Rexford Tennant,Owner, Orono, Ontario, for part of Lot 28, Con V, Police Village of Orono,Ontario, Township of Clarke, Submission No. "A" 196-69-5 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 approximately 130.901 x 701 having an area of 8259 square feet in a "R1" zone, Township of Clarke. The Secretary reported that 19 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Bruce R. Tennant, the applicant, accompanied by his agent W. Kay Lycett B.A., and Mrs. Bruce Tennant appeared in support of this application. The following persons also Page 12 Meeting of Committee of Adjustment, May 5, 19691 appeared: for. and Mrs. t4ilson, Mr. Wm. Miller, Mrs. Laverne Boyd, abutting owners. 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 April 22, 1969. The Committee noted the contents thereof; (2) A.photostat copy of a Plan of Survey, prepared by M.D; Brown, Engineer & Surveyor, Bowmanville, Ontario, dated July 6, 1968, Job 68062 with legal description attached; (3) A photostat copy of Plot Plan dated April 11;19691 signed "Bruce Tennant"; Mr. Bruce Rexford Tennant, the applicant, previously applied for a severance on the°10th of June 1968 (ref. file 121-68) which severance was granted on the 15th of July, 1968. At the time this severance was granted, it was made clear to the applicant that the granting of the severance in itself did not assure him that building permits and other requirements would be automatically forthcoming and that he would have to consult his Solicitor in this regard. The applicant now applies for a minor variance in a rear yard requirement reducing same from 35' to 22". This rear yard requirement is substantially changed because of the present shape of the house. It would be possible to build a house on this site which would comply with all requirements but its configuration would be so long and narrow that such a structure would not be desirable for aesthetic reasons. In presenting his oral argument, Counsel for the applicant stated that this case was similar to the application of one William Irwin (refer file 189-69). The only similarity that the Committee could see between the Irwin case and the case now under consideration wqs that they are both applications to reduce rear yard requirements. Beyond that single fact, the Committee cannot see any similarity in the cases. In the Irwin case, the lot was reduced in size by what amounted to a road widening imposed as a -condition to a Plan of Subdivision by the Department of Highways of Ontario. In the present case, the applicant created this lot himself and clearly there is no similarity between cases where a situation arises in one instance by an act of expropriation or a procedure tantamount tw expropriation and the case where the situation has been brought about by the applicant himself. A study of the factual situation in this case does, how- ever,'reveal three facts which are clearly of some assistance to the applicant and these facts are as follows: (1) The total area available in the lot is 8259 square feet and bearing in mind that Municipal Water is available, this is such an area substantially in excess of 7500 square feet which is usually^regarded as a satisfactory size where Municipal Water is available. Page 13 Meeting of Committee of Adjustment, May 5, 1969;- (2) The area shown as Church St. on the Plan of Survey,prepared by M.D. Brown OLS., is note in fact, a paved street but -rather a grassed over area. Church Street runs northerly adjacent to the lands concerned herein and dead ends in an abandoned cemetery. There is no vehicular traffic up and down this street as no one is using this entrance to the cemetery, nor have they done so for many years. The southerly end. of the property owned by the applicant, a street allowance, is actually used, comes north and veers to the East and this is the street all along which fairly heavy volume of traffic exists. It is extremely unlikely that Church Street as it exists in•front of the property owned by the applicant will ever change its basic character. (3) The abutting property to the north of the lands in this application is an old cemetery, the practicality of this being that a green belt area exists to the north of the applicant's lands. In view of these stated facts, it is clear that the total surrounding area includes a great deal of open space and the effect of reducing the rear yard requirement in this case does not increase house density in the complete area beyond an acceptable factor. During the course of the applicant's oral argument>, Sec. 4.7 of By -Law No. 1592 in regard to under size lots was cited as a precedent "Where a building lot having a lesser frontage or area than that required herein is held under distinct 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 requirements of this by-law." After careful deliberation the Committee is of the opinion that this section is not available as an argument to the applicant as the_ property was not held under distinct and separate ownership at the time of the passing of by-law 1592, this is yet another factor which distinguishes this case from the Irwin application. While this Committee is not bound to follow any of its previous decisions it has been the policy of the Committee to give the strongest considerationto any case which was identical with a previous case or was very similar on its facts The Committee wish, however, to make it quite clear to the applicant in this case and to any other applicant who is citing a previous decision as authority that they should take the time to properly peruse the previous decision and to assure themselves that it is in fact a proper precedent. In order to make the.matter perfectly clear the Committee would like to go on record as stating thatthey are of the opinion that Mr. Lycett, the agent for the applicant, in no way mislead the Committee and when questioned on his oral argument was quite frank in his answers and one would suspect ,,- was aware of the fact that the precedent was of little real (\ value but was simply presenting all the arguments that could be of any assistance to his client. The Committee are somewhat confused as to why the applicant herein appears to have the same sense of urgency at this time that he had last July. Page 14 Meeting of Committee of Adjustment, May 59 1969: The Committee wish to make it a matter of record that this authorization of a minor variance does not automatically entitle the applicant to a building permit if other conditions precedence to the issuing of such a permit have not been met. In conclusion the Committee would like to make it quite clear that this lot being within the limits of the Police Village of Orono where municipal water is available is the key deciding factor and no aspect of this decision should be applied to any application where municipal water is not available. Application granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. CLASSIFICATION "P" Application File No. 188-69 Stanley Ball, Owner, Leskard P.O., Ontario, for part of Lot 31, Con V111, Township of Clarke, Submission No:'3 /Sfr GS—ib9 As a matter of record this property was visited by the Committee on Saturday, April 26, 1969; The Committee attended at the Ball farm where Mr. Ball was engaged in farming operations. Mr.. Ball pointed out the land sold to Mr. Clare Grant and also mentioned he intended to sell the farm. Following this visit the Committee visited Mr. Clare Grant, the purchaser, and he pointed out the land in question which was separately fenced and appeared as though it had been used as a small animal pasture. Mr. Grant stated they had pastured goats there in the past. He said these lands were to be added to his existing property. The Committee requested the applicant to submit a proper Plan of Survey prepared by an Ontario Land Surveyor for their approval. No person appeared in support of, or in opposition to this application. The Secretary reported that Mrs. Clare Grant had informed her by telephone that a Plan of Survey would not be available for this meeting. Application adjourned until such time as the Plan of Survey is presented to the Committee for their approval. CLASSIFICATION "H" Meeting adjourned at 12:30 a.m. Secretary -Treasurer Chairman