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HomeMy WebLinkAbout06/02/1969MEETING of the COMMITTEE OF ADJUSTM�ENt for the TOw74SHIP OF CLARKS Monday, June 2,_1969 at 8:00 P.M. Council Chamber, Orono. Present: E.R. Lovekin, Chairman, K. Schoenmaker, Member, E.F.R. Osborne, Member, Mrs. Ellen M. Yeo, Secretary -Treasurer,, Mr. Arthur Low, Secretary, Planning Board. The minutes of meeting May 52 1969 were approved as' read on.motion by E.F.R. Osborne and `seconded by K. Schoenmaker. Carried. The Secretary -Treasurer presented correspondence from H. DeWith, Acting Clerk, dated June 2, 1969, requesting copies of the minutes of the Committee of Adjustment for each member of Council. The Committee duly noted the contents thereof and the Chairman dictated a letter in reply to be handed to the Reeve in Council. The Secretary was instructed to file this correspondence. 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."a" ?e -6v- is 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 or in opposition to this application. The Committee informed Mr. O'Neill that they would visit his property on June 11, 1969 at approximately 5:15 p.m. and the Secretary was instructed to verify this fact by letter to Mr. O'Neill. CLASSIFICATION "E" Application File No. 171-69 Mr. R. Jones, Agent, 130` King St. E., Oshawa, Ontario, Mr. Jack T. Story, Owner, R.R. #2, 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. Mr. Jack T. Story, the applicant, accompanied by the proposed purchaser Gary'M. Gordon appeared in support of this `application. No other person appeared in support of or in opposition to this application. Mr. Story presented the following material to the meeting:. (1) A Plan of Survey prepared by M.D. Brown, OLS., Bowmanville, Ontario, dated May 287 1969, #69065 showing the subject land outlined in black; Page 2 Meeting of Committee of Adjustment, June 2, 1969; (2) A legal description of the proposed severance prepared by M.D. Brown OLS; (3) A Sworn Affidavit dated June 2, 1969 and signed by "Gary M. Gordon" outlining in detail the pro'pdsed purchaser's intentians with regard to the proposed severance; The Committee: (1) Referred to the minutes of meetings February 10, 1969; March 11, 1969;; April 14, 1969; (2) Recalled their inspection of the property on February 22, 1969; ^ , (3) Perused the Plan of Survey and legal description presented;; (4) The facts covered in the Sworn Affidavit; and after due consideration were satisfied that the applicant had complied with the conditions imposed as evidenced in former minutes. The Committee explained to Mr. Gordon, the proposed purchaserythat they would require a condition be inserted in the deed and upon'Mr. Gordon's verbal acceptance of this fact, this application was granted,on motion by E.F.R. Osborne and seconded by K. Schoenmaker,on the sole condition that a clause be inserted in any deed given that the lands must remain in the name of "Gary M. Gordon" or his wife for a period of 5 years from -the date of the granting of this consent. Carried. 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 W. Kay Lycett B.A.,^Barrister & Solicitor, 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 requested a further adjournment of this application awaiting instructions from his clients. This adjournment was granted. - CLASSIFICATION "O" Application File No. 185-69 Joseph H. Jilisen, Owner, R.R.'#1, Newtonville, Ontario, for part of Lot 10, Con 111, Township of Clarke, Submission As business arising from minutes of past meetings this application was brought forward for further consideration.' Page 3 Meeting of Committee of Adjustment, June 2, 1969:.. Mr. and Mrs. Joseph"H. Jilisen, R.R. #1 Newtonville, Ohtario, the applicants appeared in support of this application. No tither person appeared in support of or in opposition to this application. Mr. Jilisen presented correspondence from the proposed purchaser -Mr. A. Frolick, 864 Florell Drive, Oshawa, Ontario, dated May 7, 1969 indicating the future ase of the proposed severance - "that the land I am purchasing from him will be used as retreat_property." "I am aware, that,oif in the future, I am in a financial position to build a cottage or summer home, I must comply with the regulations and by- laws of the Township" signed ( °A. Frolick") The Committee noted the contents thereof and informed Mr. Jilisen that his application would be considered further at a.meeting to be.held on June 18, 1969. CLASSIFICATION "E" Application File No. 186-69 William Hoy, Qw4er, Kenda;i- Ontario, `for part of Lot 12, Conc Vl, Township of Clarke,', Submission No. "B" 186-69168 As business arising_ from minutes of past meetings this application was brought forwardfor 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. The Secretary -Treasurer presented the following material to the meetingz. (1) A Plan of`Survey prepared by M.D. Brown OLS., Bowmanville, Ontario, dated May,15., 1969, #69059 with legal description attached. The Committee:_ (1) Perused the Plan of Survey presented; (2) Referred to the minutes of meetings of April 14 and May 5, 1969;" (3) Recalled their inspection.of.the site on April 26, 1969;. and after due consideration were satisfied that the applicant had complied with the conditions imposed as evidenced in former minutes. c . The Committee explained to Mr. Hoy that they would require a condition be inserted in the deed and upon Mr. Hoy's verbal acceptance of this fact,.on motion by E.F.R. Osborne -and seconded by K. Schoenmaker, this application was granted on the sole` condition that a clause be inserted in any deed given that the 'lands must remain in the name of the applicant or his wife for a period of 5 years from the date of the granting of this consent. Carried." CLASSIFICATION "E" Page 4 Meeting of Committee:of Adjustment, June 2, 1-969;. Application File No. 188-69 Stanley Ball, Owner, Leskard P.O., Ontario, for part of Lot 31, Con. Vill, Township`of Clarke, Submission No. "B" 188-69-169 As business arising from minutes of past meetings this application was brought forward for further consideration. Mr. and Mrs. Clare Grant, the proposed purchasers 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, OLS, Bowmanville, Ontario, dated May 30, 19692 numbered 69066; with legal description attached;, The Committee. (1) Referred to the minutes of meetings April 14, ,and May 5, 1969; (2•) Perused the Plan of Survey and legal description presented; (3) Recalled their inspection of the property on April 26, 1969 at which time it was observed that this property had been used for a number of years in conjunction with the adjoining property on which Mr. and Mrs. Grant have their home; (4) Noted the facts in the Sworn Affidavit wherein Mr. Stanley Ball stated that this parcel of land had been purchased on May 1st, 1950 by verbal agreement and that by ommission and neglect, no ,title deed or conveyance to the subject land had ever been executed. (5) The Committee were of the opinion that this severance would be considered an addition to an existing lot; This application was granted on motion by K. Schoenmaker and seconded by E.F.R. Osborne with the proviso that the deed shall show the lands to have the same dimensions as set out in toe Plan of Survey 469066. Carried. CLASSIFICATION "E" & "H" Application File No. 190-69 M.B. Kelly, B.Comm, Li'. B. appeared and requested an adjournment pending his client. Adjournment granted. CLASSLFICATION "E" Messrs. Strike & Strike, Agent, Barristers & Solicitors, Box 7, Bowmanville, Ontario, Orley Trew, Owner R.R. #1, ' cCampbellcroft, Ontario, for part of Lot 1,Con:Vill, Township of Clarke, Submission No. in support of this application further instructions from Page 5 Meeting of Committee of Adjustment, June 2, 1969; 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 past meetings this application was brought forward for further consideration. Mr. Gerrit Rekker, 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). A Plan of Survey prepared by M.D. Brown, OLS., Bowmanville, Ontario, dated May 221` 1969 #690'62; with legal description attached; (2) Page 2("811)initialled by Gerrit Rekker, correcting the dimensions of the subject land to conform with the Plan of Survey; (3) Correspondence from an abutting owner, W.A. Grady, Orono, Ontario dated May 22, 1969 addressed to Mr. Horace Best, Building,Inspec,tory Clarke Township. The Secretary stated that Mr. Best requested that the correspondence from Mr. Grady be presented to the Committee for their perusal in the event that the information contained therein concerned the severance being considered. The Committee noted the contents of the above-mentioned letter and'were of the opinion that,as Mr. Grady's property was not adjacent to the subject land, they were not concerned with the problerh of a proper location for the road allowance at the south of his residence, ` The Committee: (1) Referred to the minutes of April 14 and May 57 1969; (2)�'Perused the Plari of Survey submitted; (3) Recalled their inspection of the site on April 262 1969; and were of the opinion that the applicant had complied with the condition's imposed as evidenced in former minutes. Application granted on motion by K. by E.F.R. Osborne. Carried. CLASSIFICATION "J" Joseph Barnoski, Owner, 110 Park Road N., Oshawa, Ontario, for part of Lot 3„ Con 111, Township of Clarke, Submission No."a",as-G9•.7i Application File No. 195-69 Schoenmaker, seconded As business arising from minutes of the past meeting this application was brought forward for furtherconsideration. Mr. Joseph Barnoski, the applicant, accompanied by his daughter and son-in-law Mr. and Mrs. Allan F. Davey, appeared in suppott of this application. No other person appeared in support of or in opposition to this application. Page 6 Meeting of Committee of Adjustment, June 2, 1969; Mr. Joseph Francek,'R.R.'#1 Newtonville, Ontario, an owner of property across from the proposed severance appeared to voice his concern over the fact that he operates'a weer and feed lot farm. Mr; and Mrs. Davey assured Mr. Francek verbally that if -this severance is granted, they intended to build a home there and would be helping Mr. Barnoski with the tobacco farming operation; that having lived across from Mr. Francek for a period of time they had no objection to any odour from the steer and feed lot; and they had no intention of selling this property. The Committee informed Mr. Barnoski that they wished to . give this severance further consideration and this application was adjourned until June 18, 1969, at which time the Committee will hand down their decision. CLASSIFICATION "E" Application File No.197=69 Lewis C. Tiffin, Owner, 1R._R. #1, Newtonville, Ontario, for part of Lot No. 10,Con IV, Township of Clarke, Submission No.'3"1yy_tq_,7L Application was made for exemption or partial exemptiop from provisions of Subdivision Control By -Law No. 1592 with amend- ments thereto so as to permit the separation of a`parcel of land approximately 165' x 300' being approximately 1'acre from the applicant's land. The Secretary reported that 17 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. No person appeared in support of this application, The Secretary reported that Mr. Lewis Tiffin, the applicant, died on Saturday May 17, 1969 and this application was adjourned until such time as instructions to proceed are received from his widow, Mrs. Lewis Tiffin. CLASSIFICATION"E" Application File No. 198-69 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Donald John Cochrane, Owner, R.k. #1, Orono,' Ontario, for part of Lot 25, Con IX, Township of Clarke, Submission No. "B" 198-69-176 "a" Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1592, with amend- ments thereto so as to permit the separation of a parcel of land approximately 1650' x 1320' being approximately 50 acres from the applicant's land. The Secretary reported that 27 notices of the said hearing had been mailed in accordance with Item4 of The Rules of Procedure.. — Page 7 Meeting of Committee of Adjustment, June 2, 1969;. Mr. Donald John Cochrane, the applicant, accompanied by his agent, W. Kay.Lycett B.A., Barrister & Solicitor, Orono, Ontario, appeared in support of this application. No other person appeared in support of, or in opposition to this application. The Secretary -Treasurer presented the following material to the.meeting_; (1) Correspondence from W. Kay Lyce.tt B.A.., Barrister & Solicitor, Orono, Ontario, ,dated May 13, 1969;,,The Committee noted the contents thereof;. (2) pen sketch of the proposed severance;. Mr.;W, Kay Lycett was invited to make his representations to the Committee and pointed out the following:. (1) Mr. Cochrane owns 220 acres composed of the subject parcel being the -south half of_ the north half of Lot 25, and the north half and the north 70 acres of the south half of Lot 26, all in the 9th Concession of the Township of Clarke;, (2) Mr. Cochrane has entered into a sale of that portion of his property lying within Lot 26. which sale is conditional upon receiving the consent of the Committee of Adjustment;_ The Committee: (1) Perused the pen sketch presented and listened to the oral representations of the agent; (2) Indicated that they would like to know the intentions of,the proposed purchaser with regard to the severance; This application was determine these facts further deliberation the property. ` CLAS SIFYCATION "E" adjourned to allow Mr. Cochrane to and submit them to the Committee for and also to enable the Committee to visit Application File No. 199-69 Donald C. Evans, Owner, R.R. #1, Orono, Ontario, William C. Evans, Agent, R.R. #11 Orono, Ontario, for part of Lot 25, Con 1V, Township of Clarke, Submission No.'?"1rf9-&5'-6 Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1592, with amend- ments thereto so as to permit a minor variance of a parcel of land for approximately 105' frontage for a residential -lot in Zone "Ali, Township of Clarke, with a depth of 1651 having an arba of approximately 17,325 square feet. The Segretary reported that 12 notices of -the said hearing had been mailed in accordance with Item 4 of The Rules .of Procedure. Mr. & Mrs. Donald C. Evans, accompanied by Mr. William C. Evans appeared in support of this application. No other person appeared in support of, or in opposition to this application. Page 8 Meeting of Committee of Adjustment, June 2, 1969; The Secretary -Treasurer presented the following material to the meetings (1) A Deed to Uses from The Public School Board of the Township School Area of Clarke, to Donald C. Evans, of the Township of Clarke, dated ninth day of November, 1966 and registered as N32888 on the 26th day of April 1967; (2) A pencil sketch of the,proposed severance; The Chairman of the Committee, E. Richard Lovekin, stated that he had previous knowledge of this application and withdrew with the members' consent. Mr. K. Schoenmaker, as senior member assumed the chair. Mr. Donald C. Evans made the following submissionst (1) This property was purchased from The Public School Board of the Township of Clarke subject to the condition that the school building be demolished by the purchaser; (2) At the time of the purchase the intention was to build a retirement -home; (3) Since that date the zoning by-law has come into effect and this lot is now considered under sized; (4) This property abuts the land owned by Becas Development which is 2Dned 11R211; (5) There are a number of residences close by to the proposed severance; The Committee considered the facts presented and adjourned this application for further consideration. CLASSIFICATION "P" Application File No. 200-69 C Thomas Charles McKnight, Owner 26 Cataraqui Crescent, Scarborough, Ontario, Mervyn B. Kelly Esq., Agent, Messrs. Strike & Strike, Barristers & Solicitors, Bowmanville, Ontario. for part of Lot 241 Con 1, Township of Clarke, Submission No."/4" 2,, 67-7 Application was made for exemption or partial exemption from provisions_of Subdivision Control By -Law No. 1592, with amendments thereto so.as to permit a minor variance of a parcel of land approximately 2$01x160' being approximately .9813 acres in area. The Secretary reported that 16 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. and Mrs. Thomas C. McKnight accompanied by their agent Mervyn B. Kelly Esq., Barristers & Solicitor, Bowmanville, Ontario appeared in support of this application. .Also appearing was one Mr. Gordon K. Stade, R.R. #2 Newcastle, Ontario. No other person appeared in support of, or in opposition to this application. Page 9 Meeting of Committee of Adjustment, June 2, 1969; Mr. Mervyn B. Kelly, as agent for the applicant, made the following submissions:: (1) Mr. McKnight purchased this property in September, 1968. There was an existing foundation on the property with approximately a ground floor area of 1000 square feet; (2) A building permit was issued for this property on September 16, 1965 and before the building was completed the aforementioned permit expired; (3) The size of the lot is 815 square feet less than the required 43,560 square feet, one acre minimum or in other words it is 98.13% of an acre; Mr,. Kelly submitted a Plan of Survey of the Village of Newcastle with the following information thereon: - "Minister of Highways, acquired by Dep. Plan No. 9293 _Highways file P2704-56 former owners Peacock and M-cQuigge Ltd., File 8-21" Mr. Kelly also asked permission to amend the application for relief from the requirement of By -Law 1592 with regard to the ground floor area. This permission was granted and Mr. Kelly initialled the amendment accordingly. The Committee considered all the facts presented and informed Mr. McKnight that they would visit the property on June 112 1969 and the application would be given further consideration. CLASSIFICATION "P" Application.File No. 201-69 W. Kay Lycett B.A. Agent Barrister & Solicitor, Orono, Ontario, Bertha Violet Little, Owner, 770 Hortop St., Oshawa, Ontario, for part of Lots 6 & 7 part of road allowance between Lots 6 & 7 all in Con V1, Township of Clarke, Submission No.'r3`.>1-[,9-1Y7 Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1592, with amend- ments thereto so as to permit the separation of a parcel of'land approximately 800' x 725' approximately 580,000 square feet from the applicant's land. The Secretary reported that 23 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mrs. Bertha Little, the applicant, accompanied by her daughter Mrs. Joan Haynes, 22 Warren, Oshawa, Ontario, and her agent W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, appeared in support of this application. Mr. Donald Albert Cox, R.R. #2 Orono, Ontario, an abutting owner also appeared. No other person appeared in support of, or in opposition,to this application. Page 10 Meeting of Committee of Adjustment, June 2, 1969;, Mr. W. Kay Lycett, as agent for the applicant, made the following submissions:: (1) Mrs. Little owns approximately,34.35 acres as shown on a sketch of survey prepared by Browne, Cavell and Jackson, Ontario Land Surveyors, dated June 6, 1965; (2) The parcel in question is to have a proposed area of some 14 acres, to be severed from the middle of the present holding of 34.35 acres. The severance will have the effect of severing the total holding into 3 separate parcels each, containing approximately 10 acres;, (3) Mrs.'Little proposes to give one lot to her daughter Mrs. Joan Haynes and one lot to her son Mr. Barry Little, 286 Saguenay, Oshawa., Ontario, and would retain the centre parcel for herself. (4) This property was the subject of an application involving a much smaller portion under File 45-66. This was denied on April 10, 1967; (5) The application being made at this time involves a parcel containing more than 1p acres and therefore may be considered possibly in a different light from the previous application especially in view of the fact that had Mrs. Little proposed a conveyance of the larger parcel of 10 acres or more at the time the previous application was made, consent from your Committee would not have then been required; Mrs. Bertha Little made the following submissions:. (1) This property had been owned by her husband for approximately 30 years and previous to that time by her husband's father; (2) It had always been her late husband's wish 'to give a lot to their daughter; and it is her wish to give their son a lot also, this would then divide the land into three parcels, leaving one lot for her own use; Mrs. Little also stated that she had no intention what- soever of selling this property. The severances are to be gifts to her children and no money will be paid for these lots. Mr. Lycett stated that he would be prepared to submit affidavit evidence that a lot had been promised to Mrs. Little's daughter. The Committee listened to the oral representations made by Mr. Lycett and Mrs. Little and adjourned this application for further consideration. CLASSIFICATION ''E'v Meeting adjourned at 1:.00 a.m. Secr4tary-Tre7u