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HomeMy WebLinkAbout07/08/1970lage 6 aet'_.g Committee of "'.djuftr;,ent June 22, 1970; from the recu._st of tilt Community Plann4ng Brunch th-:t from an administrative vi_wiaoint such a method of dealing with Lha i-roble:n is desireable, particularly, in vie, o4" the fact that our own Committee hive decided to reouire minor variances to be registered as De :o sits or. title in tite local Registry Cffice and cons-'quently every variance shcnil:i be made a matter of record in that office. In accordance with, and following the reasons stated this a; ,;licz tion is granted on motion by K. Schoenma?ter and seconded by E.F.R. Osborne, subject to the following conditions: (1) That the applicant shall register on title by way Of deposit a co_:y of this decision and shall forthwith thereafter forward to the Secretary of the Committee a duplicate Certi_ic_te of Dei�osit or a Notarial co. -y thereof; and further, that u1;on rec_ipt by th2 Secretar,, of the aforesaid document, the ap-sro,riate admi:istrativc officials of the -Township of Clarke will be authorized to issue any and all necessary r'ermits or to take any stei:s necessary to im,ileraent- this decision. Carried. at 3:00 'c; 117.L n r -Tre-,3U er MEETING of the rm,_ . COMMITTEE OF ADJUSTMENT Wednesday, July 8, 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 June 22, 1970 were approved on motion by K. Schoenmaker and seconded by E.F.R. Osborne. Carried. Application File No. 255-70 E.H. Samuel,J. Klasner, Owners, C/o Curvply Wood Products Ltd., Orono, Ontario, for part of Lot 27, Con V. Township of Clarke, Submission No. As business arising from minutes of past meetings, this application was brought forward for further consideration. Mr. E.H. Samuel, one of the applicants, appeared in support of this application. No other person appeared in support of or in opposition to this application. Mr. Samuel was reminded that he had taken an oath on the previous occasion when required to give evidence. The Committee discussed the matter in view of their inspection of the property and noted that the area of the lot to k�e reated was 21,000 square feet. The area required in an 'R. Zone" is one acre.; The main reason for considering a Page 2 Meeting Committee of Adjustment July 8, 1970; severance in this case was, of course, that this residence was a non -conforming house in an I,ldustrial Zone. The reference to the "R.R. Zone" requirements was noted by way of comparison. The Committee were of the opinion that since the house was already in existence, it would be reasonable to sever such a non -conforming building, as this house, and leave the remaining land without any buildings as a buffer zone to the factory and environs controlled by the applicant. The Committee felt, however, that such a severance, if granted, should meet a one acre requirement of Rural Residential. As no Plan of Survey accompanied this application, no formal decision can now be given. The Secretary was instructed to send a copy of these minutes to the applicant for his consideration and this application was adjourned pending an amended application and the submission of a proper plan Of survey prepared and certified by an Ontario Land Surveyor. CLASSIFICATION Sec 8 (MI) Applications File No. 257-70 No. 258:70 No. 259-70 ' A.R. Good B. Com. LL.B., Agent, Bonneville, Fitzgibbon & Good, Barristers & Solicitors, Port Hope, Ontario, George Franklin Elliott, Donald Bruce Elliott, Executors Estate of Bruce Franklin Elliott, Newtonville, Ontario, for part of Lot 4, Con 2, Township of Clarke, Submission No. "B"257-70-210 "A"258-70- 25 "B"259-70-211 257-70 - to permit.the separation of 459.431x4551x2704' being approximately 27.994 acres in area from the applicants' land; 4258-70 - to permit a minor variance from the required area of 40 acres to 27.994 acres; Applications were made for exemption or partial exemption from provisions of sub -division control by-law No. 1592 and amendments thereto as follows:: Donald Bruce Elliott,. # Geore Franklin liott #259-g70 - to permiElt the separation of 157.28'x375'being approximately 1.409 acres in area from the applicants' land; The Secretary reported that 32 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. The applicant, George Franklin Elliott, one of the Executors of the estate of Bruce Franklin Elliott, deceased, and his agent, A.R. Good B. Com. LL.B., Barrister & Solicitor, Port Hope, Ontario, appeared in support of these applications. No other person appeared in support of, or in opposition to these applications. The Committee, with the consent of the applicant and his agent, ruled that the evidence given by Mr. Elli.�tt was to apply to all three applications. Mr. Elliott was then sworn by the Committee and proceeded to explain the background of the facts relating to the applications made herein. These applications are being submitted to clarify the question of title to the lands on which he and his brother Donald Bruce Elliott built homes, but never received a conveyance from their father Bruce Franklin Elliott. He and his brother are residuary benefiCiades under the Will and also beneficiaries of this land. Page 3 Meeting Committee of 'adjustment July 8, 1970; The Secretary -Treasurer presented the following material to the meeting: (1) Plan of Surveys, prepared and certified by J.L. Sylvester, Engineer and Surveyor, 17 Ontario St. Port Hope, as follows: (a) Re "pplications257-70 ) showing the subject 258-70 ) lands outlined in "red" Survey dated 22 April 1970 ) and a 1 storey brick ##70041 ) dwelling, aluminum siding garage "Res. of Donald Elliott" (b) Re Application 259-70 ) showing the subject land Survey dated 22nd April 1970 outlined in "red" and a #70038 1 storey brick dwelling "Res. of George Elliott" (2) Correspondence -from A.R. Good, B. Com, LL.B., Bonneville, Fitzgibbon & Good, Barristers & Solicitors, P.O. Box 208, Port Hope, Ontario, dated June 18, 1970, as follows:"The late Bruce Franklin Elliott and his sons George Franklin and Donald Bruce Elliott carried on business as auto wreckers and parts suppliers for many years as "Elliott's Auto Parts." All of the lands on which such business was carried on belonged to the late Mr. Elliott. In 1951 George Elliott erected a residence on these lands and subsequently in 1954 Donald Elliott similarly constructed a house. The late Mr. Elliott never gave a conveyance of the lands on which these residences are located. The applicants are now the executors of their late father and also residuary legatees under his Will. The purpose of the present applications is to effect conveyances of their respective residential lands to the applicants. The applicants have also incorporated a Company known as "G & D Elliott Limited" and it is intended that the remaining lands be conveyed to this Company which will carry on the existing business. (sgd.) " A.R. Good" The Committee considered all the facts presented and indicated to the applicant that the following information would be required by way of a Sworn Affidavit:. (1) The date of the Will of Bruce Franklin Elliott (Mr. A.R. Good stated that he would forward a Notarial Copy of the Will to the Committee); (2) Whether or not building permits were issued when the residences of George Franklin and Donald Bruce Elliott were erected (George circa 1951; Donald circa 1954); (3) That the said residences were built from the personal reserves of Donald B. and George F. Elliott respectively and were not built from funds supplied by their father Bruce Franklin Elliott; (4) The general nature of the operation being carried on in the area by the Elliott family and the number of years it had been carried on;; Application adjourned to enable the Committee to visit the property and the Secretary was instructed to inform the agent, the date of the next meeting. CLASSIFICATION "K" - 10 "A" Page 4 Meeting Committee of Adjustment July 8, 1970; GENERAL BUSINESS The Secretary Presented the following material to the meeting: (1) Notice of Subdivision Control ".The Planning Amendments Act, 1970 (Bill 162) which came into force on June 27, 1970." The Committee noted the contents thereof and the Secretary was instructed to obtain sufficient copies of Bill 162 for the use of the Committee; (2) Correspondence dated July 6, 1970 from Municipal Planning Consultants Co. Ltd., 400 Mount Pleasant road, Toronto, Ontario. The Committee noted the contents thereof and requested the Secretary to file this information. Meeting adjourned at 11:00 p.m. .� 222 . Secretary-Treasu er MEETING of the COMMITTEE OF ADJUSTMENT Monday, August 17, 1970 at 7:00 p.m. Council Chamber Present: E.R. Lovekin, Chairman, E.F.R'. Osborne, Member Mrs. Ellen M. Yeo, Secretary -Treasurer The minutes of July 8, 1970 were approved on motion by E.F.R. Osborne and seconded by E.R. Lovekin. Carried. Applications File No. 257-70 258-70 259_70 A.R. Good B. Com. LL.B. Agent, Bonneville, Fitzgibbon & Good, Barristers & Solicitors, Port Hope, Ontario, George Franklin Elliott, Donald Bruce Elliott, Executors Estate of Bruce Franklin Elliott, Newtonville, Ontario, for part of Lot 4, Con 2, Township of Clarke, Submissions No. "B"257-70-210 "A"258-70- 25 "B"259-70-211 As business arising from minutes of the past meeting, these applications were brought forward for further consideration.