HomeMy WebLinkAbout11/19/1970INSPECTION OF PJOPER`PIES
by
COMI,IITTEE OF ADJUSTMENT
Thursday, November 19, 1970 at 3:00 p.m.
Present: E.R. Lovekin, Chairman,
K. Schoenmaker, Member,
E.F.R. Osborne, Member,
The follow:i.ng properties were inspected by the Committee:
Application 271-70 Richard D. Morton
Application 272-70 Marten Van Dyk
Application 273-70 Mike Zachanowich
Application 274-70 Garnet R. Rickard (Ontario Hydro
Easement)
Application 7.75-70 Idrs, Roma A. Turner
Application 276-70 A.W. 'Vdhitmee
Decisions were handed down on the following applications:
Application File No. 271-70
W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Richard Donald Morton, Owner,
R.R. 41, Kendal, Ontario,
for part of Lot 20, Con 6,
Township of Clarke,
Submission No. "B"271-70-214
As a matter of record this property wos inspected by the whole
Committee on Thursday, November 19, 1970.
The Committee noted the following facts:
1. The survey stakes were located; and
2. Upon a visual check of the property, there appeared
to be no topocrraphical or other physical problem
which would mak: the proposed severance unacceptable.
The Committee referred to the minutes of meeting held on November
16, 1970, the submissions made and were of the opinion that this
was abona fide case of an arms length sale by way of Agreement for
Sale in stead of a transaction by Deed and a Mortgage back and this
application to regularize the transaction is in order.
This application was granted on motion by K. Schoenmaker and
seconded by E.F.R. Osborne, Carried.
CL OSSIFICATION "F"
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Page 2
Inspection of properties, November 19, 1970;
Application File No. 274-70
The Hydro-_lectric Power
Commission of Ontario Agent,
620 University Avenue,
Toronto 2, Ontario,
Ceresmore Farms Limited,.Owner,
c/o Mr. G. Rickard, Pres.,
R.R. 44 , Boy.✓manville, Ontario,
for p,7rt of Lot 35, Con 11,
Township of Clarke,
Submission No. "B11274-70-218.
As a matter of record the whole Committee visited this property
on Thursday, November 19, 1970 and noted the following facts:
(1) There was no apparent change on the. ground;
(2) The line had not been changed in any maLerial
°ay;
The Committee referred to the minutes of meeting November
169 1970 and the submissions made by Mr. F. -Ellis, Planning Assistant
Property Division, Ontario Hydro. It was assumed that the Department
of Highways, Ontario would not be concerned as no iepresentative of
that department had attended the meting upon receipt of a hearing
notice.
This application was granted on motion by E.F.R. Osborne and
seconded by K. Schoenmaker. Carried.
CLASSIFICAPION L Sec 2 Sub Sec 14
Application File No. 276-70
Mr. L.W.t'j7hitmee, Owner,
R.R. 42, Newcastle, Ont«ri.o,
for nart of Lot 29, Con 11,
Township of Clarke,
Submission No.
As a matter of record the whole Committee visited this property
on Thursday, November 19, 1970 and noted the follow.nc facts:
(1) This pro,erty is locilted in Lot 29, Concession 2,
Township of -Clarke, on the west side of county road 473 between
the limits of Newcastle and the Third Concession;
(2) The Canadian Pacific Railway cuts across the
northerl_- boundary of Newcastle arfd only two
roads run north out of Newcastle. One on the
extreme ec:st end of Newcastle crosses the C.F.R.
on a level crossing but the road concerned'in
this application runs through a subway under the C.P.R.
This subway was'prev'ously a hazard because of its
narrowness but is now being reb'allt at a cost of
many hundreds of thousands of dollars
(3) The road frontin(-i the subject land is, in fact,
the old -435 Highway which extends from the west
end of the business district in Newcastle northerly
to a point about a_mile north of the Village limits
where it 'joins with Highway 1115, a semi -controlled
access highway which curves around the westerly
side of Newcastle and in effect provides a by-pass
-of Newcastle for Lindsr-v, Peterborough traffic to
Highway 1+401, without the necessity of going through
the village;
(4) A plan creating several lots on the west side of
old Highway 1435 was put on before subdivision
control became effective. In'eff,.-ct, Newcastle is
growing north. Highway 4k115 is a natural boundary
and annexation oft -his area is a possibility at
some future date;
Toe -Committee were very conscious of the problem that any decision
. . a .
Page _3
Inspection of properties, November 19, 1970;
made by them in this case could be a precedent f6r a large number
of future applications, and the proper way, of dealing with this
matter, would be to rezone the area in accordance with the special
facts existing here.
One other matter boL-hered the Committee. The increase in the
height of`the road bed is being improved along with construction
of the subway and the fill placed on the subject lot may create
a :)rob],em by'diverting drainage water on to the pro,_crty of the
Bell Telephone Automatic Station located to the souL-h of the
existing property. Side yard clearance might be needed on the south
side of the subject land so that- water might flow westerly to follow
a line of drainage to the west. To erect a`buildinq too close to
the southerly boundary could channel surface run off to create an
unsatisfac Ory situation.
The applicant Mr. A.W. 4lhitmee accompanied the Committee during
their inspection of his property and after due consideration of
all the facts, he requested permission to reserve this application
until he had consideredtaking up a petition and approaching Council
in this matter.
On motion by K. Schoenmaker and seconded by E.F.R. Osborne this
application will be held until advised by the applicant that he had
spoken to Council or the Planning Board. Carried.
CLASSIFICATION App 1, Sec. "F" Minor Variance
The Committee adjourned at 6:00 p.m. - 6 properties had been
inspected and 47 miles had been travelled.
Secretary-Troastyrer
MEETING
of the
COMMITTEE OF ADJUSTMENT
Monday, December 14, 1970 at 7:00 p.m.
Council Chamber
Present: E.R. Lovekin, Chairman,
K. Schoenmaker, Member,
E.F.R. Osborne, Member,
Mrs. Ellen M. Yeo, Secretary -Treasurer
The minutes of meeting November 16, 1970 and inspection of
properties on November 19, 1970 were approved on motion by K.Schoenmaker
and seconded by E.F..R. Osborne. Carried.
Application File No. 272_70
4=`
Mr. George Van Dyk, Agent,
2 Summerfield Court,
Bowmanville, Ontario.
Mr. Marten Van Dyk, Owner,
R.R. #2, Bowmanville, Ontario,
for part of Lot 312 Con 1,
Township of Clarke,
Submission No. "A"272_70_33
As business arising from minutes of the last meeting this
application was presented for further consideration.
Mr. George Van Dyk, as agent for 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 whole committee visited this property
on Thursday, November 19, 1970 and noted the following facts: