HomeMy WebLinkAbout03/09/1970H
IQ'ETING
of the
COMMITTEE 'OFA ::WUSTI-IENT
Monday, March 9, 1970 at 7:00 p.m.
Council Chamber
Present: E".Ix. Lovekin, Chairman,
K. Schoenmaker, Member,
E.F.R. Osborne, Membe,
Mrs. :Alen Ai. Yeo, Secretary -Treasurer
The minutes of meeting February 9, 1970 and the minutes
of an inspection of properties by the Committee on Saturday,
February 14, 1970 were approved on motion by K. Schoenmaker and
seconded by E.F.R. Osborne. Carried.
Application File No. 215-69 Delbert J. IIallowell,Owner,
26a Triller ::venue,
Toronto, Ontario,
for part of Lot 9, Con 1V,
Township of Clarke,
Submission No. "B"215-69-193
As business arising from minutes of past meetings, this
application was brought forward.
The Secretary -Treasurer presented the following material
to the meeting:
(1) Correspondence from the Ontario Iiunicipal
Board,, dated February 16, 1970. The
Committee duly noted the contents thereof;
(2) Duplicate original of the Order of the Board
made on the 10th day of February, 1970
- numbered O.B. No. R2, Folio No. 242, dated
February 17, 1970 and signed "R.J. Scott"
Secretary.
The Committee perused the material presented and noted that
the appellant had withdrawn his appeal by memorandum in writing.
This application is now finalized and the Secretary was
instructed to annotate the fila: accordingly.
CLASSIFIC:iTION "Zfl
Application File No. 237-70
The Hydro=Electric Power
Commission of Ontario,i.gent,
620 University Avenue,
Toronto 2, Ontario,
Kirkstone Limited, Owner,
Newtonville,Ontario,
for part of Lot 5, Con 11,
Township of Clarke,
Submission No. "B" 237-70-199
1;pplic,�tion was made for exemption or partial exemption
from provisions of sub -division control by-law No. 1592 and amendments
thereto so as to permit the separation of 66'x1373.2' being approximately
90,631 square feet from the applicant's land.
The secretary reported that 19 notices of the said hearing
had been mailed in accordance with Item 4 of The Rules of
Procedure.
No person apyoeared in support of, or in opposition to this
application.
0
r
1
Page 2
Meeting Committee of; .djustment March 9, 1970;
The Secretary-'Preasurer ,resented, the following material
to the meeting:
(1) Correspondence from lir.. F.Ellis, for Director
of Property, Ontario Hdro, 6.20 Lhiversity ;',venue,
Toronto 2, Ontario, dated February 23, 1970
,in which Mr. Ellis stated:
"the subject -)ro_etrty is affected by
a twin pole transmission line constructed
by Ontario Hydro in 1927 covering a 66 -
foot right of way.
Since our drigin41--easement rights have
expired, the Commission has obtained an ease-
ment in perpetuity from Kirkstone Limited."
(2)- Correspondence from Mr. F. Ellis, for Director
of Property, Ontario Hydro, dated !-Iarch 3, 1970.
The Committee noted the contents thereof;
(3). Correspondence_ from R.E. �iargalla, Director of
Property, Ontario Hydro, 620 University .venue,
Toronto Ontario, dated January 16, 1970 and
attached thereto Grant of Easement Form in
triplicate dated the 23rd day of Lpril 1969;
The Committee noted that this is a duplicate of an application
presented to the Committee at their meeting on July.31, 1967
and consented to on September 5, 1967 (ref. Submission "B"72-67-63).
Due to the fact th4t the expiry date had lapsed for the stamp
of approval of the Committee on the legal documents another,
application was presented for consent.:
Following their consideration of all toe facts, the
Committee were of the opinion that this application should be
approved.
:.p plication granted on motion by E.r^ Osborne, seconded
by K. Schoenmaker. Carried,.
CL.'.SSI'IC..TION "L"
Applic-.tion File No. 230-70
Kay Lycett B..,., .agent,
Barris,ter & Solicitor,
Orono, Ontario,
Richard Donald Morton, Owner,,
Lillian Stella Morton,
R.R. 41, Kendal, Ontario,
for part of Lot 21, Con. V1,
Township of Clarke,.
Submission No. "B" 230-70-200
•.s,business arising from minutes of meeting February 9, 1970,
-.a-nd-inspecti.,on of the site on February 14, 1970, this applic:-tion
was brought forward for further consideration.
Mr. R.D. Mprton, the applicant, accompanied by his agent
.u. I:ay Lycett B.A., Barrister & Solicitor, Orono, Ontario,_ appeared
in sup_,.:ort 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.,i.,
Barrister & Solicitor, dated March 6, 1970; .
.(2.) Man of Survey prepared by M.D. gown OLS, 1106,
dated iiarch a, 1970, 4470013;
L
Page 3
I=ieeting Committee of,:,djustmant March 9, 1970;
(3) Sworn :.ffidavit,, dated 9th day of March :..D. 1970
signed "R.D. Morton";
The Secretary was instructed. to include this Affidavit ,in
the minutes of the meeting:
rrI Richard Donald Norton of the Township of Clarke, in
the County of Durham, Farmer, make.oath and say:
I am one of the applicants named in an application to the
Committee of Adjustments of the Township of Clarke for
severance of the above mentioned parcel of land from the
present holdings of myself and my wife Lillian Stella
Morton comprising part of said Lot 21 Concession 6
containing 100 acres more or less.
It is -our intention in making the application herein. ,
mentioned -to sell the subject lands upon which there is
situate a;dwelling house and in respect,of the lands which
we will retain in Lot 21, Concession 6 it is my intention
to continue to farm the same -for so long as my health and
economic conditions will permit and it isnot my intention
to erect any dwelling house on the,lands which we will
retain, and in respect of these intentions I hereby under-
take to carry these intentions out for a period of at
least five years. "
The Committee:
(1) Perused the L-lan of Survey submitted;
(2) Referred to the minutes of their meeting of
February 9, 1970;.-
(3) recalled their inspection of the property on
February 14, 197-0;
(4) Noted the facts stated in the Sworn Affidavit; and
were of the opinion that the applicant had complied with conditions
imposed as evidenced in former minutes.
Application granted on motion by E.F.R.. Osborne and seconded by
K. Schoenmaker. Carried.
"All
pplication ="12 No. 238-70
c—
,
a. Kay Lycett B.:.., Agent,
Barrister & Solicitor,
Orono, Ontario,
Bertha Violet Little, Owner,
770 Hortop St.,
Oshawa, Gntario,
for part of Lots 6 & 72
and Road Allowance,
all in Con V1,
Township of Clarke,
Submission No. ""`238-70-11
application was made for exemption or partial exemption
from provisions of Subdivision Control By -Law. 1592, wa_th amendments
thereto „ so as to,permit,a minor variance to authorize reduction.
of the requirement of 40 acres area to that of 14.40 acres for
the issuance of a building permit for the erection of a dwelling
house upon the subject lands.
w. Kay Lycett B.A., Barrister & Solicitor, Orono,.Ontario, �
as agent for the applic.nt appeared in support of this application.
No other person appeared in support of, or in opposition to this
application. ,
,
a. Kay Lycett B.:.., Agent,
Barrister & Solicitor,
Orono, Ontario,
Bertha Violet Little, Owner,
770 Hortop St.,
Oshawa, Gntario,
for part of Lots 6 & 72
and Road Allowance,
all in Con V1,
Township of Clarke,
Submission No. ""`238-70-11
application was made for exemption or partial exemption
from provisions of Subdivision Control By -Law. 1592, wa_th amendments
thereto „ so as to,permit,a minor variance to authorize reduction.
of the requirement of 40 acres area to that of 14.40 acres for
the issuance of a building permit for the erection of a dwelling
house upon the subject lands.
w. Kay Lycett B.A., Barrister & Solicitor, Orono,.Ontario, �
as agent for the applic.nt appeared in support of this application.
No other person appeared in support of, or in opposition to this
application. ,
Page 4
Meeting Committee of Adjustment March 9, 1970;
The -Secretary reported that 27 notices of the said hearing'
had been mailed in accordance with Item 4 of The Rules of
Procedure.
The Secretary -Treasurer presented the following material to
the meeting:
(1) Correspondence from W. Kay Lycett B.A., Barrister
& Solicitor, Orono, Ontario, dated February 24,-
1970; the Committee noted the contents thereof;
(2) A photostat copy of a Plan of Survey, prepared
by M.D. Brown OLS., Bowmanville, Ontario, dated
October 1, 1969 #69140;
The Committee referred to the minutes of meeting October
279 1969, at which time a severance was granted to Mrs. Bertha
V. Little (ref. File No. "B" 201-69-177)'and particularly noted
the following:
(1) This is an application by Mrs. Bertha V. Little
for a minor variance from the required area of
40 acres under the present zoning by-law 1653,
an amending by-law to by-law 1592, to that of
14.40 acres in respect of the same lot;
Mr. Lycett appearing on behalf of the applicant, reviewed
the facts of the application and pointed out to the Committee
that these lots were created at a time when the by-law of the
Township of Clarke did not require 40 acre lots in an agricultural
zone. As of the date of this hearing, that is to say, Monday
March 9, 1970, the Ontario Municipal Board has not finally approved
the land use by-law although the matter is under consideration
by them.
The Committee:
(1) Perused a Plan of Survey submitted.;
(2) 'Concluded that the by-law so passed (#1653) requir-
ing a minimum of 40 acres would not apply to
severances allowed by the Committee of Adjustment
prior to the passing of this by-law.
(3) That the lot be approved as a building lot under
by-law 1592 with amendments thereto, and Mr. Best
Zoning Administrator empowered to issue a land
use permit when requested in respect of the minimum
lot area;
The Committee regarded this situation as one which arose during
the time that legislation was pending but not passed or finalized
and this application for minor variance is granted on this particular
and rather narrow ground, subject to the restrictive clause to be
contained in the deed (ref "B" 201-69-117, dated October 27, 1969).
Application granted on motion by E.F.R. Osborne, seconded by
K. Schoenmaker. Carried.
CLASSIFICATION M.V.
Application File No. 239-70 W. Xay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Barry W. Little, Owner,
286 Saguenay, Apt 119
Oshawa, Ontario,
for part of Lot 7, Con V1,
Township of Clarke,
Submission No. "A" 239-70-12
Application was made for exemption or partial exemption
from provisions of Subdivision Control By -Law 1592, with amendments
Page 5
Meeting Committee of Adjustment March 9, 1970;
thereto, -so as to rermit a minor variance to authorize reduction
of the requirement of 40 acres area to that of 10.01 acres for
the issuance of a building permit for the erection of a dwelling
house upon the subject lands.
W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario,
as agent for the applicant appeared in support of this application.
Nb other person appeared in support of, or in opposition to this
application.
The Secretary reported that 27 notices of the said hearing
had been mailed in accordance with Item 4 of The Rules of Procedure.
The Secretary=Treasurer presented the following material
to the meeting:
(1) Correspondence from W. Kay Lycett B.A., Barrister
& Solicitor, Orono, Ontario, dated February 24,
1970; the Committee noted the contents thereof;
(2) A Photostat Copy of a Plan of. Survey prepared by
M.D. Browh OLS., Bowmanville, Ontario, dated October
1, 19699 #69140; .
Mr. Lycett appearing on behalf of the applicant, reviewed the
facts of the application and stated thatthis is an application by
Barry W. Little for a minor variance from the required area of
40 acres under the present zoning.by-law 1653, an amending by-law
to by-law 1592, to that of 10.01 acres in respect of the same lot;
. The Committee:
(1) Perused a Plan of Survey submitted;
(2) Referred to the minutes of meeting October 27, 1969
(ref. "B" 201-69-117) at which time the severance
granted to Mrs. Bertha Little of the centre parcel
created a lot to the west of an areaof 10:00 acres
for her daughter Mrs. Joan Beverley Haynes. A minor
variance was granted to Mrs. Haynes on January 14,
1970. (ref. A227-69-10). The lot to the east with
an area of 10.01 acres for her son Barry W. Little,
is the subject of this application;
(3) Concluded that the by-law so passed (#1653) requir-
ing a minimum of 40 acres would not apply to
severances allowed by the Committee of Adjustment
prior to the passing of this by-law; .
(4) That the lot be approved as a building lot under
by-law 1592 with amendments thereto, and Mr. Best
Zoning Administrator empow:._red to issue a land
use permit when requested in respect of the minimum
lot area;
The Committee regarded this situation as one which arose during
the time that legislation was pending but not passed or finalized
and this application for minor variance is granted on this particular
and rather narrow ground, subject to the restrictive clause to be
contained in the deed (ref. "B" 201-69-117, dated October 27, 1969).
Application granted onmotion by E.F.R. Osborne, seconded by
K. Schoenmaker. Carried.
CL.=
Pagp 6
Meeting Committee of :-.djustment :larch 9, 1970;
1pplic-tion File No'. 224-`69 i. hay Lycett B..., agent,
No. 225-69 Barrister & Solicitor,
Orono, Ontario,
William John Lorenzo Bowins,
Jennie Lily Bowins, Owners,
Orono, Ontario,
for part of Lot 3 &
whole of Lots 1 & 2 Block 11
Police Village of Orono,
Lot 2.9, Concession 5,
Township o:; Clarke,'
Submission No. "B" 224-69
Submission No. "f." 225-69
'.s business arising from minutes of ;ast maetings, these
applications were presented for further consideration.
W. Kay Lycett B.A., Barrister & Solicitor, Cronp,.Ont-rio,
as agent for the applicant appeared in supuort of this application.
Mr. Zdward R. �Ioodyard, jecretary, Trustees of the Police Village
of Orono, also appeared. No other person appeared in support of
or in opposition to this application.
Mr. Z."2. Woodyard presented the following' material to the
meeting:
(1) y Plan of Survey, ;;66139, prepared by M.D.
Brown OLS., Bowmanville, Ontario, dated
November 28, 1966. The Committee noted that
tile beds and site lines were shown in pencil
on the said survey;
(2) Correspondence from M.L. itoss, Road -Superintendent,
'dated March 6, 1970.
The Secretary was instructed to make- photostat copies of the
material submitted and to include the correspondence from
Pir. Ross in the minutes'of this meeting:
"Mr. .;.R. ;Joodyard,
.Orono; Ontlrio.
Dear Sir:
Re: Lorne Bowin, Plan 66139 dated March
28 1966 by M.D. Brown Villaqe of Orono
Further to our discussion on Thursday at my office I
have inspected the site and would make these 6omments:
I can see no reason to object to Mr. Bowin's proposal
provided that:
1. The house be built at the proper levels in
relation to Princess Street and the back yard
as well as the front yard be graded to insure
proper drainage, as detetmined by a professional
engineer.
2. A plan of final elevati:ns and drainage of both
front and back yard be submitted for ap,roval
together with the house plan.
3. The back yard be graded to,insure that any
run-off water will be directed to the creek
and not spilling onto the adjacent property to
- the south.
4. Procter culverts be installed where necessary.
Yours very truly,
(sgd.) N.L. ;:ossa
vILR:DS Road Superintendent. "
Page 7
Meeting Committee of _.djustment I:arch 9, 1970;
Section 3.8"Lands Subject to Flooding: was discussed
at length by the Committee and i•x. Lycett. i,r.'.R. Lovekin,
chairman, dictated a lefter to Mr.Derek J.,;. Little, P. Eng-.,
requesting his interpretation of this Section.
The Committee pointed out to lir. Lycett that they would
like three matters clarified:
`(1) The question as to whether or not buildings
would be located .too close to the watercourse
indicated on the Flan of Survey made by ?°Ierrill
B'rown;
(2) Lot frontage of the north-westerly lot would
have to be approved as a minor variance for
65' in an area which requires a minimum of
75' as provided in the by-law; "th"e second lot
is a corner lot and site lines would have to be
maintained;
(3) The letter of objettion sent in by County Engineer
:obert A. Edmunds would have to be satisfactorily
explained or withdrawn.
Mr. Lycett requested that these applications be adjourned until
the next meet!ng.
CLASSIFIC_.TION "A.'1
CL:,SSIFICATION
.`_pplication File No. 229-70 N.B. Itelly, B. Comm, LL.B..,
Strike & Strike, ' ' Agent,
Barristers a Solicitors,
Bowmanville, Ontario,
Samuel John. Powell, Owner,
R.R. iL3, Newcastle, Ont.
for part of Lot 16, Con 1,
Township of Clarke,
Submission No. "B"229-70-198
:s business arising from minutes of the past meeting, this
application was presented for further consideration.
I'•ILB. Kelly, B. Comm; LL.B.; as agent for the applicant
appeared in sup :ort of this application. No other person appeared
in suport of, or in opposition to this application.
The Secretary-'_'reasurer presented the following material to
the meeting:
(1) Correspondence from i-iessrs..Strike & Strike'.
Barristers & Solicitors, Bowmanville, Ontario,
dated February 13, 1970 with a Sworn _.ffidavit,
by Samuel Powell, in duplicate, dated 12th day of
Februury, 1970.
The Committee noted the facts stated in the Sworn affidavit
and informed Nr. Kelly that they would also require a Sworrr
-.ffidavit from Mr. 1'owell's son, Ronald Powell. This affidavit
should clarify the following:
(1) That Ronald Powell regarded Nims-lf as the owner of
the pro..erty as shown on permit 428-66, hpplication
for Building"rermit, Corpor_tion of the Township
of Clarke; said application dated 24 day of May,
1966 and siyned'by th6 builder, one Percy
R.R. 42i Newcastle, Ontario.
age 8
Meeting Committee of Adjustment iiarch 9, 1970;
(2)' That as the owner of this building he was financially
responsible etc.,
The Committee wished a formal answer to the questions outlined
in their letter to.the agent, II.B. Kelly, B; Comm, LL.B.,
dated February 16, 1970.
The m-tter was adjourned awaiting submission of the requested
information.
CLASSIFICATION Sec 10.. "A"
Applicaticn No. 233-70
George Van Dyk, Agent,
2 Summerfield Court,
Bowmanville, Ontario,
Newcastle DevelopmentOwner,
Co. Limited,
110 Yonge St., Toronto, Gntario,
for part of Lot 33 Con 1,
Township of Clarke,
Submission No. "B11233•-70-202
Application was m�de•for exemption or partial exemption'
from provisions of sub -division control by-law No. 1592 and amend-
ments thereto so as to permit the separation of a parcel of land
apperoximately 617.031x1492.16' being approximately 17.9 acres
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
rrocedure. ,
Mr. George Van Dyk, as agent for -the applicant appeared
in support of this application. The following persons also
appeared: Mr. Gallelclo, Mr. Dominic Gallello, I'Ir. Nino Zirgone,
1363 Simcoe St. N., Oshawa, Ontario. 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 copy of a i-lan of Survey prepared by H.
Flim, Ontario Land Surveyor, 47 Prince St.,
Oshawa, Ontario, W.O. 3570 - A, purported to be
dated May 2, 1963 and annotated "to be used for
real estate purposes only).
The Chairman of the Committee, E.R. Lovekin B.A. LL.B.,
stated that since these lands were originally owned by his
Uncle; and that he had incorporated the Company which is the
present owner and now represents the proposed purchaser of
the lands. He, therefore, wished to withdraw from any con-
sider�_tion by the Committee of -the merits of the case. Mr.
K. Schoenmaker, Senior Eem'aer assumed the chair.
Mr. George Van Dyk, agent, on behalf of the applicant
presented the following material to the meeting:
(1) Correspondence from H. Flim, OLS., 47'Prince
street, Oshawa., Ontario, dated December 9,
1969; addressed to Strathy, _rchibald, Seagram
Cole, Barristers & Solicitors, 1700 Canada
Trust Building, 110 Yonge St., Toronto 210, Ontario,
The Committee noted the c.Intents thereof and the
Secretary was requested to include the last paragraph
in the minutes - "We are responsible for the one
error as mentioned under (b) and this was caused
by not adding a distance for Lot 15 to the rear
limits of Lots 16 and 17 as may be seen on a proposed
plan of subdivision (71.0.2565) dated February 25, 19659
so that a correction deed from the Lombardo's is
necessary. Yours very truly, (sgnd.)H.F1im1Ont_,rio
Land Surveyor"
Page 9
Meeting Committee of Adjustment March 9, 1970;,
(2)7 Correspondence from C.M.A. Strathy, Strathy,
-rchibald, Seagram & Cole, Banristers & Solicitors,
1700 Canada Trust Building,;'110 Yonge St., Toronto
210, Ontario, dated February 12, 1970. The Committee
.=noted the contents thereof and instructed the
Secretary to include in the minutes " I am enclosing
herewith a Quit Claim Deed in duplicate from the
Lombardos in favour of Newcastle Development Co.
Limited.. J
The purpose of this deed is to adjust an error in
the description contained in a deed given by the
Lombardos to Newcastle, and registered on 21 September,
1.965 as number N27145.
However, as the Lombardos still own the adjoining
land`to the west of this property, I think it would
be prudent to obtain the consent of the Planning Board
to the registration of this Quit Claim Deed, and
would appreciate very much if you could obtain such
consent, on our behalf. Yours truly,
C.M.A. Strathy."
(3) Correspondence from H. Flim OLS., 47 Prince St.
Oshawa,. Ontario, dated March 6, 1970. The Committee
noted the contents thereof and instructed the Secretary
to include in the minutes " Further .to our discussion,
I hereby submit the following, which might clarify the
matter before the Planning Board Meeting on March 9,
1970.
As stated in our letter of December 9, 1969 to
Mr. Strathy ( copy attached) a typing error was
made by us in a description on June 30, 1965 and
recently discovered. To correct this situation a
correction deed from Lombardo will now be presented
to Planning Board for their approval, I understand.
I trust that this, together with the information
contained in our letter dated December 9, 1969 is
sufficient. Yours very truly, (sgnd) H. Flim,
Ontario Land Surveyor"
Mr. Van Dyk requested that the material submitted by him be
considered as documentary evidence that an error in description had
been made and that a Quit Claim Deed, in duplicate, dated 17th
December 1969 -Nicola Lombardo and Liberta Lombardo'to Newcastle
Development Co. Limited be`consentedeto by the Committee.
The Committee after due consideration of the facts presented
stated as follows:.
(1) The Committee would like to make it known that at
least one monument should be placed on the applicant's
land so the property can be accurately physically
located; a perusal of the survey submitted'does not
show these markers;
(2) The date on the Plan may be 2 May 1968, but it is not clear;;
(3) There is a signature per Flim OLS but there is nothing
to constitute,a "certification";
(4) The annotation "to be used for `real estate purposes only"
clearly indicates to the Committee this document is not
a document tnat'meets the requirements of the Rules of
Procedure. In the application form on page 114" J
14. Important - Plan Required states as follows: " A
copy of a plan certified by an Ontario Lands Surveyor
must be attached to each copy of the application".
Page 10
Meeting Committee of Adjustment March 9, 1970;
The Committee further noted that there was no mention
made..in the Quit C1aim,Deed that this•was a correcting deed
and they requested M;..Van Dyk to have -a clause -inserted in the
-
deed to th4t effect.
c
This application was adjourned awaiting an amended plan
at which time this matter will be given further consideration.
CLASSIFICATION Sec: 10 "A"
Application File No. 234-70 Andras Gariscsak, Owner,
62 A Vaughan Road,
Toronto, Ontario,
for part of Lot 2 Cron 1,
Township of Clarke,
Submission No. "B"234-70-209
Application was made for exemption or partial exemption from
provisions of sub -division control by-law No. 1592 and amendments
thereto, so as to permit the separation of 41 acresfrom 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.
Mr. Andras Gariscsak, the applicant appeared in support of
this application. Mrs. Bessie Walkey, 28 Wellington St. Bowmanville,
Ontario and Mr. Ernie Walkey, 31 Mill St. Port Hope appeared as
observers. No other person appeared in support ofy or in opposition
to this application.
The Secretary -Treasurer presented the following material to
the meeting:.
(1) A pen sketch of the.subject land;
o
As a matter of record the Committee inspected this property on
February 14, 1970.
The Committee were aware that this man was filing an application
for severance and since they were in the area, visited the property
so that the matter could be; dealt with at this meeting.
Mr. Gariscsak the applicant appeared on behalf of himself and
he was then sworn and proceeded to give evidence as follows in.reply
to questions asked by the Committee:
(1) He is the owner of a,farm of 85 acres, in the area•,Lot 22 Con. 1;
(2) Proposes to'sell 40 acres on which there are no buildings
and retain the remainder of approximately 41 acres and
live in the farmhouse;
(3) -Purchased the property in September of 1964 and worked
the land approximately one and a half years;
(4) He presently resides in Toronto; is a tailor by trade;
now wishes to move into the property with his parents
who came to Canada from Hungary last December;
(5) Ae is separated from his wife, has two children ,and he
can establish a home for his parents and children if
r� he moves back tQ the farm;
(6) He is moving his job from Toronto to Oshawa and intends
to commute to work;
(7) 85 acres is too large a holding to look after along
with a,job and it seemed reasonable to sell the eastern
portion of the farm which is good farmland with about -
15 acres of bushland.
Application adjourned for further consideration.
CLASSIFICATION Sec. 10 "A"
Page 11
Meeting Committee of Adjustment March 9, 1970;
Application File No.. "B" 235-70
Application File No. "A" 236-70
Mrs. Marjorie C. Watson Owner,
Orono, Ontario,
Strike.& Strike, Agent,
Barristers & Solicitors,
Bowmanville, Ontario.
for part of Lot 28, Con V.
Township of Clarke,
Submission No. "B"235-70204
Submission No. "A"236-70-16 J
Applic`aticn was made for exemption or partial exemption from
provisions of sub -division control by-law No. 1592 and amendments
thereto, so as to permit the separation of 72'x247' being approxim-
ately 17,784 square feet in area from the applicant's land.
The Secretary reported that 27 notices of the said hearing had
been mailed in accordance with Item 4 of The Rules of Procedure.
Application was made for exemption or partial exemption from
provisions of sub -division control by-law 1592, with amendments
therwto so as to permit a minor variance of the required frontage
for a building lot from 75' to 72' with a depth of 247' and having
an area of 17,784 square feet.
The Secretary reported that 27 notices of the said hearing
had been mailed in accordance Vith Item 4 of The Rules of Procedure.
The Committee., with the approval of the Agent for the applicant;
ruled that they would apply the evidence submitted with the first
application to the second application.
M.B. Kelly, B. Comm, LL.B., Barrister & Solicitor, of Strike
& Strike, Bowmanville, Ontario, 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 Secretary -Treasurer presented the following material to
the meeting:
(1) Correspondence from Messrs. Strike & Strike, Barristers
& Solicitors, Box 71 Bowmanville, Ontario, dated
February 27, 1970. The Committee noted the contents
thereof;
(2) A pencil sketch showing the.subjet land in red;
(3) A Plan of Survey prepared by M.D. Brown, OLS,
Bowmanville, Ontario, dated November 20, 1964
dated November 20, 1964 and numbered 64117;
The Committee also noted that the Application for Minor
Variance Form had been changed and initialled by A.A. Strike so
that the application was for a minor variance of the 72' severance.
The Committee pointed out tothe agent for the applicant that the
remaining lot of 66' frontage would require an application form
as it should be approved as it exists and not created by remainder.
The Committee further indicated that it would require proper up-
to-date surveys showing building locations in order to clarify the
question of set backs, si.de.yards, exact lot size, area etc.
The Committee adjourned pending an inspection of the property
and the submission of an amended application.
CLASSIFICATION Sec 4. Zone (R1)
CLASSIFICATION M.V.
Page 12
Meeting Committee of Adjustment March 9, 1970;
Application File No. 240-70 Mr. Gerald B. Gibson, Owner,
R.R. #2-
Newcastle, Ontario,
for part of Lot 31, Con 111,
Township of,Clarke,
Submission No. "A" 240-70-13
Application was made for exemption �or partial eXemption
from provisions of -sub -division control by-law'1592, with amend-
ments thereto so as to permit a minor variance of the required
set -back of 93' to allow an addition to be built to the south side
of the dwelling.
The Secretary reported that 14 notices of the said hearing had
been mailed in accordance with Item 4 of The Rules of Procedure.
Mr.cGerald B. Gibson, the applicant, accompanied byrhds wife
,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 pen sketch outlining the proposed renovations;
Mr. Gibson, the applicant, was then sworn and proceeded to
give evidence as follows:
(1) He had purchased the subject land with a dwelling
thereon from his mother Mrs. Wallace Gibson by
Deed A39815 at 3:16 p.m. 24th January 1969 and
approved and consented to by the Committee'df
Adjustment (ref. "B" 139-68-121 Sept 23, 1968);
(2) -He now wishes torebuild parts of this older type
home;
(3) The renovations to the front of the house will
remocvefrom• the road those portions of the old
porch which were an encroachment on public lands;
,
.(4) ,The proposed increase in the area of the house
:brings the house closer to the required area and is,
therefore, an improvement;
The Committee studied the facts presented and this application
was adjourned to -enable the Committee to visit the site.
CLASSIFICATION Secs 10 "A"
Meeting ad'
ourned at 11:3(
Secreta y -Treasurer
,