HomeMy WebLinkAbout04/06/1970MEETING
of the
COMMITTEE OF ADJUST:i3NT
Monday, April 6, 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,
Arthur Low, Secretary, Planning Board
The minutes of meeting March 9, 1970 were approved on
motion by K. Schoenmaker and seconded by E.F.R. Osborne. Carried.
Application File No. 135-68
Mr. Robert Ross Boyd, Owner,
R.R. 42, Newcastle, Ontario,
for part of Lot 23, Con. 1,
Township of Clarke,
Submission No. "B"135-68-207 "a"
As business arising from minutes of the past meetings, this
application was presented for further consideration.
Mr. Robert Ross Boyd, the applicant, appeared in support of
this application. No other person appeared in support of, or in
opposition to this application.
The Committee reviewed this application and noted that
Mr. Boyd had requested an adjournment until such time as zoning by-
law 1592 with amendments thereto had been approved.(ref. minutes
August 12, 1968).
Mr. Boyd now requests that his application be re -considered
and the Committee will review this file at the next meeting.
CLASS IFIC.=(I N "H" & "0"
Application File No. 174-69 Nancy G. Hood, Owner,
R.R.4 2,
Orono, Ontario,
for part of Lot 30, Con. Vl,
Township of Clarke,
Submission No.
-:s business arising from minutes of the past m_etings, this
application was presented for further consideration.
Iir. David John Hood as agent for his wife Firs. Nancy G. Hood,
appeared in support of this application. No other person appeared
in support of, or in opposition to this applicc_tion.
Mr. Hood requested that this application be re -considered now
that By -Law 1592 as amended had been approved by the Ontario Municipal
Board and this application was set over until the next meeting
of the Committee to be spokEn to further at that time.
CLASSIFICATION "J"
Application rile No. 206-69 J. Van Nest, :+gent,
52 King St. J., Bowmanville,Ont.
�9illiam E. viilliams, Owner,
2237 Birchmount Rd.,
Apt 403, :.gincourt, Ont. �
for part of Lot 14, Con Vll,
Township of Clarke,
Submission No. "A"206-69
:',s business arising from minutes of the past meetings, this
application was presented for further consideration. No person appeared
in opposition or support of this application. W. Kay Lycett B.A.,
Barrister & Solicitor, Urono, Ontario, unofficially stated that he had
acted in the sale of the property and believed the ap_:licant has no
objection to the application being, withdrawn.
CL:ISSIFIC,,TICN "Pff
C,
Page 2
Meeting of Committee of adjustment April 6, 1970;
Application File No. 224-69
No. 225-69
61. Kay Lycett B...., Agent,.
Barrister & Solicitor,
Orono, Cntario,
William John Lorenzo Bowins,
Jennie Lily Bowins, Owners,
Orono, Ontario,
for part of Lots 1 & 2 Block 1,
Police Village of Orono,
Lot 29, Concession 5,
Township of Clarke,
Submission No. "B" 224-69-207
Submission No. "All 2725-69- 24
As business arising from minutes of past meetings, these
applications were presented for further consideration.
W. Kay Lycett B.r.., Barrister & Solicitor, Orono, Ontario,
as agent for the applicant appeared in sup;.ort of this application.
No other person appeared in support of or in opposition to this
application.
The Secret.ry-Treasurer presented the following material to
the meeting:
(1) Resolution No. 70-22 dated February 28, 1970, moved by
Floyd Nicholson, Seconded by D. Simpson - Be it hereby
resolved that Z. Woodyard be appointed to represent
the Trustees at Committee of adjustment iieetings and
to inform the Committee that the Trustees have no
objections to the application of fir. Lorne Bowins,
provic:ing that he adheres to the conditions outlined
in our previous letter to the Committee and also meets
the recuirements as out -lined by the Road Superintendent.
Carried: (sgnd) "D. Simpson"
(2) Correspondence from Derek J.1J. Little, ". Eng.
Municipal Planning Consultants Co. Ltd.., 400 Mount
Pleasant road, Toronto, Ontario, dated March 30,
1970.
The Committee made reference to idr. Little's letter and
instructed the Secretary to include the relevant information in
these minutes as follows: "Our interpretation of the By -Law is
that Section 3.8 provides that no buildings or structures shall be
erected within 100 ft. of any ground depression that may carry water
and which depression might be called a river, stream, water course,
or creek. In other words, we do not feel that the By -Latta makes a
distinction between a stream and a water course or between a river
and a water course. Our interpretation of this erection 3.8 provides
for no building within 100 ft. and, in addition, if the flood plain
oL the stream or river or water course or creek extends more than
100 ft. from the stream or river or water course or creek then build-
ing is also prohibited in that part o_ the flood plain beyond the
100 ft. measurement.
In relation to the Boldins property, there is not sufficient
land for building outside of the 100 ft measurement taken from the
river (or .dater course) shown on the sketch.
If your Committee has an applicLtiori concerning these lands,
we would recommend that the Conservation .'authority be consulted and
any variance to thr, provisions of Section 3.8 be allowed only with the
consent and approval of the Conservation :authority." (sgnd) "Derek J.W.Litt]
P:Eng.
Upon perusal of the correspondence, rlr. Lycett, reauested that
this aplication be adjourned.
The Committee granted tiiis request and adjourned the application
for further consideration at the next meeting.
CL:'1SSIFIC.iTIN "ri" & "P"
Page 3
Meeting Committee of :adjustment April 6, 1970;
?pplication File No. 231-70
i,ir. c'red Hryniuka, Owner,
R.R. 411
Newtonville, Ontario,
for part of Lot 4, Con 11,
Township of Clarke,
Submission No. "B"231-70-201
.s business arising from minutes of k.ast meetings this
application was presented for further consideration.
j
Mr.=red-Hryniuka the applicant accompcnied by his wife
Mrs. Hryniuka 'and I:is son-in-law :;r. John Twardowski, 611 Lansdowne ..ve.,
Oshawa, Ont rio, 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) r. Plan of Survey prepared and certified by
H. Flim, Ontario Land Surveyor, 47 Prince St.,
Oshawa, Ontario, dated i�iarch 13, 1970, W.O. 4025;
(2) A Sworn Declaration, dated April 3, 1970, signed
by F. Hryniuka and Maria Hryniuka acknowledging
their acceptance of a restrictive clause in the
deed;
The Committee:
(1)
Noted
the facts
stated in the
Sworn Declaration;
(2)
Perused
the Plan
of Survey;
(3) Perused the Deed, in duplicate, to the parcel of
land created as a result of the application and
noted that the restrictive clause had been included
in the said deed;
(4) Referred to minutes of meetings February 9 and
recalled their inspection of the property on February
14, 1970; and
after due consideration were satisfied that the app-icant had complied
with the conditions imposed as evidenced in the former minutes.
Application granted on motion of K. Schoenmaker,"seconded by
E.F,R. Osborne. Carried.
CL:'.SSIF.ICATION SEC 10. ".," Appendix 1 ( 7 )
Application No. 233-70
George Van Dyk, Agent,
2 Summerfield Court,
Bowmanville, Ontario,
Newcastle Development, Owner,
Co. Limited,
110 Yonge St., Toronto,Ontario,
for part of Lot 33, Con 1,
Township of Clarke,
Submission No. "B" 233-70-202
1s business arising from minutes of meeting March 9, 1970,
this application was`presented for further consideration.
Mr. George Van Dyk, as agent for the applicant, appeared in
sup,?ort of this application. No other person ap,_eared in support of,
or in op:osition to this aprlice,.tion.
The Chairman, E.I. Lovekin B.+., LL.B., stated th_.t he is
acting for the proposed purchaser, Dr. j. Cunningham. He, therefore,
withdrew with the members' consent and i_r. I,. 3ch3enmaker, as senior
member- assumed the chair.
Page 4
Meeting Committee of adjustment Ipril 6, 1970;
_s a matter of record the Committee visited this property
on Thursday, March 26, 1970 at 2:00 p.m. and noted the following
facts:
(1) The land is on a high knoll north of a fly -over
on Highway X401 that corners the side road between
Lots 32 and 33; north from the lake front to 42
Highway where it dead ends;
(2) Some 3 lots, that were created before subdivision
control on the west side of the road, have modern
houses valued between $25,000.00 and $30,000.00
and give a good appearance to the area;
(3)` Building density is not great on the road and
because the road dead ends at the Lakeshore, there is no
through traffic;
(4) While this application arises out of a survey only;
the Committee noted that there were no factors- that
would creL:te a bad situation in any way;
Mr. George van Dyk, as agent for the applicant, presented
the following material to the meeting:
(1) A Plan of Survey prepared and certified by H.
Flim, CLS, 47 :-since Street, Oshawa, Ontario
dated March 12, 19709 '4.0. 4028. The Committee
perused the Survey and noted that "iron bars" and
"monuments" were clearly indicated as requested
in the minutes of March 9, 1970;
(2) Quit Claim Deed, in duplicate, dated 17th December,
1969 annotated as follows:
"ihereas by Deed dated and registered the 21st
day of September, 1965 as No. N. 27145 for the
Township of Clarke, the Parties of the First
=art herein purported to sell the lands hereinafter
described, together with other lands, to the Party
of the Second Part.
And Whereas the third course of the description
contained in said De`d was stated to be 175 feet,
in error, as the correct distance is 192.83 feet.
And :ihereas this Deed is given for the -urpose of
correcting such error and confirming the title
of the Party of the Second Part."
The Committee noted that the applic,:tion, in effect, was to
correct an error in description and after due consideration of
all the facts presented were satisfied that the applicant had
complied with th_ conditions imposed as evidenced in the former
minutes.
Application granted on motion by Z.F.R. Osborne, seconded by
K. Schoenmaker. Carried.
CL'>SSIFICATION Sec. 10
np"
Application File No. 234-70 Andras Gariscsak, Owner,
.62 A Vaughan Road,
Toronto, Ontario,
for part of Lot 2, Con 1,
Towr:ship of Clarke,
Submission No.
=.s business arising from minutes of meeting March 9, 1970,
this applicat_on was brought forward for further consideration.
Mr. Andras Gariscsak, the applicant appeared in support of
this application. No other person appeared in support of, or
in opposition to this application.
Page 5
Meeting Committee of .'adjustment ;_pril 6, 1970;
The Committee informed 13r. Gariscsak that having cc;.sidered
all the facts they now require a proper clan of Survey, prepared
and certified by an Ontario Land Surveyor. Hr. Gariscsak verbally
consented to this request and the appliction was adjourned awaiting
the presentation of the survey.
CLASSIFICATION 10 "A"
Lpplic=tion File No. "B" 235-70
Mrs. Marjorie C. i+atson,
Orono, Ontario, Owner,
Strike & Strike,
Barristers & Solicitors,
Bowmanville, Ontario,
for part of Lot 28, Coil v,
Townshi_ of Clarke,
Submission No. "B"
Submission No. "r."
is a muter of business arising from minutes of meeting
March 9, 1970, these applications were brought forward for further
consideration.
.zs a matter of record the Committee inspected the property on
Thursday. March 26, 1970 and accompanied by IIrs. lJatson viewed
the property.
Mrs. ;5atson stated that she bought the lot to the south from
one Rex Thompson on or about November of 1962. IIr. Thompson is a
resident of To --onto who used.the property as a country residence
only.
The Committee noted the following facts:
(1) .(a) The question of side yard clearance on the
south side of the lot;
(b) The question of set back to the existing
building line;
(c) The future use and status of a semi -
abandoned, sub -standard dwelling on the
property;
(2) Frcm the general character of the area, lots of 66'
and 72' appeared to be acceptable;
Mrs. Marjorie C. Watson the applicant and Ili.B. Kelly, B. Comm,
LL.B., Barrister & Solicitor, of Strike & Strike, Bowmanville, Ontario,
as agent appeared in support of this application. No other person
appeared in suport of, or in opposition to this application.
Mrs. Jatson was sworn and verified verbally that the facts
of the case were as stated to the Committee when they inspected the
property.
Mr. Kelly referred to a letter from the Committee wherein
it was suggested that another application form for a minor variance
would be required for the remaining lot of 66'. Mr. Kelly pointed out
that a dwelling house was already situate on this lot and in his
opinion another application would not be reluired.� He requested that
the Committee consider only the applications before them being a
severance for the lot of 72' x 247' and a minor variance of the
frontage for the same lot. On motion by I:. Schoenmaker and seconded
by B,F.R. Osborne this request was grc.nted. Carried. 1-1r. Kelly
was requested to complete the applications by the submission of
a proper Plan of Survey, prepared and certified by an CntLrio Land
Surveyor
The Committee were of the opinion that this could be
considered an "infilling" operation but side yard clearances and
the setback should be carefully considered by the Building Inspector,
NIr. H. Best,.before granting a building permit.
Application tabled for further consideration at such "time as he Plan
of Survey, in duplicLte, is received'.
CL.-.—'IFIC;.TICJ, Sec 4. Zone (R1)
CL ISSIFIC:=-N I'4.V.
C
C
rage 6
Meeting Committee of ..djustment :aril 61 1970;
A.plic.-tion File Ido. 240-70
1-ir. Gerald B. Gibson, Owner,
R.R.�21
Newcastle, Ontario,
for part of Lot 31, Con 111,
Townshio of Clarke,
Submission No. ".y" 240-70-13
As business arising from minutes of the past meetings, this
applic_tion was brought forward for further consideration.
No person appeared in support of, or in op_osition to this
application.
As a matter of record this property was visited by the
Committee on Thursday, 1,iarch 26, 1970.
The Committee noted the following facts:
(1) This was an application for a minor variance; and
that this applicLtion should be decided in accordance
with the principles laid down by the Ontario
Municipal Board in Fraser anc Vaughan Township OIIBP.
8921-69 1st i -august 1969; and in ..lwington Park
.incorporated and City of Kingston OMB P. 9021-69,
29th July, 1969 (refer to The Municipal :iorld for
the month of February 1970, Committee of Adjustment
Decisions, Volume 80 Ido. 2, pages 40 and 41).
These decisions are authority for the view that the
term "minor" is not to be defined in mathematical
terms.
(2) The main considerations to be followed are:
(a) Any prejudice to neighbours;
(b) Any prejudice to the public;
(c)- Is the gener_l intent and purpose of the by-law
and official plan (if applicable) maintained;
The Committee referred tc the minutes of meeting March 9, 1970;
recalled their inspection of the property; studied the plan of she
proposed alterations and were of the opinion that this application
for a minor variance is acceatable.
.=application granted on motion of E.F.R. Osborne and seconded by
K. Schoenmaker. Carried.
CLASSIFIC�'IION S; C. 10
E. V.
Application File No. 244-70 11r. Robert C. Simpson, Owner,
s:2, Newcastle, Ontario,
for part of Lots 19 & 20,
Concession 2,
Township of Clarke,
Submission No. "B" 244-70-203
Re -: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 se,,aration of 2660' x 2200' being
approximately 108.20 acres from the applicant's land.
The secretary reported that 55 noticescE the saic hearing had
been mailed in accordance with .item 4 of The pules of Procedure.
Mr. obert Simi son, the applicant, appeared in support of this
application. No other person appeared in support of, or in
opposition to this application.
Page 7
Meeting Committee of _-.djustment ''pril 6, 1970;
The Chairman, E.R. Lovekin B.:.. L --.B., stated tliat he had
knowledge of this application. He, therefore, withdrew with the
members' consent and Mr. E. Schoanmaker, as Senior member assumed
the chair.
The'Secretary-Tre-surer presented the following material to
the meeting.• .
(1) K photostat cosy of a Plan of Survey ;;repared by
M.D. Brown OLS., Bowmanville, Ontario,
dated September 10, 1968 :r65094D.
The Committee noted that this is a duplicc•te of an application
presented to the Committee at their meeting on October 28, 1968
(ref. Submission "B" 151-68-132).
Due to the fact that the expiry date had lapsed for the
Stam: of approval of the Committee on the legal docum:znts, another
_pplication was presented for consent.
In view o= the fact th:.t this application was in essence a
re-apD1 cation and there is no change in material facts in the
interim;' the Committee gr•-nted the applic_tion subject only to the
filing of an affidavit setting out the inadvertence regarding
registration.
This application was granted on notion by K. Schoenm_ker, seconded
by Z.F.R. Osborne. Carried.
CLASSIFICi`.TION SECTION 9 O.S.(B)
Application F_le No. 229-70
M.B. Kelly, B. Comm, LL.B.,
Strike - Strike, ..gent,
Barristers a Solicitors,
Bowmanville, Ontario-,
Samuel John Powell, Owner,
R.R. 43, Newcastle, Ont.,
for part of Lot 16, Con 1,
Township of Clarke,
Submission No.
_ts business arising from minutes of the past meeting, this
ap;lication was presented for further consideration.
P,1r. Samuel 'Powell the applicant, accompanied by his son Mr. Ronald
Powell and Mervyn B. Kelly, B. Comm., LL.B., Barrister & Solicitor,
of Bowmanville, Ontario, appeared in support of this application.
No other person apl,eared in support of, or in oppositio., to this
application.
The Secretary -Treasurer presented the following material to the
meeting:
(�1) Correspondence from iI.B. Kelly B. Comm., LL.B.,
and a Sworn :,ffidavit dated 23rd day of Hare i, 1970,
signed by Ronald Powell. The Committee noted the
content's thereof;
The Committe• having had the opportunity of observing the
demeanor of the father and'son involved considered the following
facts:
(1) Pair. Samuel John Powell r., has, in fact, operated
a farm for over half a century in the immediate area;
(2) The applicant h -s never previously applied to this
Committee for any severance;
Page 8
Meeting Committee of ..djustment ..pril S, 1970;
(3) The Committee re erred to Section 32b(2a) of The Planning
.ct "In addition to its powers under subsections 1 and
2, the committee, upon the application of the owner
of any land affected by a by-law passed under section
26 or a predecessor of such section or any person
authorized in writing b -T such owner, may, notwith-
standing any other ..ct, consent to a conveyance,
mortgage, charge or agreement that is not authorized
under subsection 1 or 3 of section 26, provided
that the committee is satisfied that a plan of sub-
division of the land described in the application
approved under section 28 is not necessary for the
proper and orderly development of the municipality,
1964, c.90, s.6 (1)."
(4) The Committee then studied the facts stated in the
sworn affidavit of Samuel J. "rowell, dated 12th day of
February 1970; and the facts stated in the sworn affidavit
of i:cnald Fowell dated 23rd Jay of March, 1970;
Further consideration will be given°to this applicc.tion at the next
meeting.
CL:.SSIFI-..=' ON Sec 10. "_;"
-`.pplication File No. 241-70
W. Kay Lycett B.:,., .;gent,
Barrister & Solicitor,
Orono, Ontario,
Douglas 4illard I -leeks, Owners,
David Nancekievill,
168 Church St.,
Bowmanville, Ontario,
for part of Lot 35, Con V1,
Township of Clarke,
Submission No.
Application was made for exemption or partial exemption from
provisions of sub -division control by-law 1592, with amendments
thereto so as to permit a minor variance of the required side yard
clearance from 25' to 22.5' to allow the construction of a house on
the subject lands.
The Secretary reported that 22 notices of the said hearing had
been mailed in accordance with Item 4 of The Rules of Procedure.
Fir. David Nancekievill, one of the applicants, presented by 4.
Pray Lycett B.::., Barrister & Solicitor, Crono, Ontario, appeared in
support of this application. i•er. John Belle, I:.:<. 42 Orono, Ontario,
an abutting owner and Iir. John Smith, 4th st. Bowmz:nville, Ontario,
also appeared. Ido other person appeared in support of or in
o_r osit4 1 to this applic_tion.
IIr. Lycett, on behalf of the applicant, made the following sub-
missions b-, way of oral argument:
(1) This is an applicsticia for a minor variance for an
overall five foot reduction in the total side yard rec_uire-
ments (i.e. 2ji' on either side). The side yard reculrement
in this zone is 25'. The house to be constructed on the
subject lands would hive a total width of 26' 811;
(2) The property in question is adjacent to other residential
properties now built and fronting on the Taunton Road
near the intersection of the said Taunton Road and the
Townline between the Townshi.�s of Darlington and Clarke;
Mr. Nancekievill, one of the ap;;licants, was then sworn and he
stated as follows:
�1,) >He has an offer of purchase on the lot which he proposes
to purchase from one Susan Smith, 4th Street, Bowmanville,
Ontario;
age 9
1eetinq Committee of ."djustment Aril 6, 1970;
(2) PIr. Join Smith, on behalf of his wife, Susan Smith,
stated that the property had been purchased in or
about the month of October, 1969 for speculation;
The Secretory -Treasurer presented the following material to
the meeting:
(1) Correspondence from W. Kay Lycett B.:1., Barrister
& Solicitor, Orono, Ontario, dated Earch 5, 1970;
The Committee noted the contents thereof;
(2) ': photost-t copy of a rlan of Survey, prepared by
Flim and Trollope, GLS., 216 :.delaide _.ve. E.,
Oshawa, Ontario. The Committee noted that the
:-lan of Survey was undated..
This application was adjourned to enable the Committee to
visit the site.
CL♦; j P'=C:.'ICiJ Sec. 10 1111f
11pplic,,tion File No. 242-70
:drian DeGroot, Owner,
400 Grenfell St.,
Apt. 225,
Oshawa, Ontario,
for part'of Lot 35, Con V1,
Township of Clarke.
Application was made for exemption or .partial e.xer:L�tion from
provisions of sub -division control by -lace 1592, with amendments
the_eto so as,to permit a minor variance of the recuired front
yard clearance from 60' to 45' to allow the construction of a
house on the subject lands.
The Secretary re orted that 21 notices of the sc.id hearing had
been mailed in accordance with Item 4 of The Rules of 1-rocedure.
Mr. .drian DeGroot the ap_a icant appeared in sup_,ort of this
ap_ lic ..tion. Mr. John 3elle, R.R. -42, Orono Ontario,, an abutting
owner clso appeared. No other person appeared in support of, or
in op,osition to this applic tion. `
The Secretary -Treasurer presented the following material to the
meeting:
(1) _ photostat copy of a Plan of Survey prepared by
M.D. 3rown, OLS., Bow.,anville, O_,t_rio, dated :.pril
157 1965 and numbered 65019; '
Pr. :,drian DeGroot was sworn ant testified before the Committee
as follows:
(1) This is an applic_tion for a minor variance of a
front yard from 60' to 451;
(2) The facts were contained in a letter attached to the
application form. The Committee perused the said letter
and noted that the facts -concerned mainly an alleged
misunderst-nding between the ap_-licaht and the building
inspector regarding set back re,�uirements.
(3) Mr. DeGroot furthz r stated th-,t building plans had
been left with the building inspector for perusal by
-the Committee if they wished to do so; and he was quite
willing to stak=� out the loc-tion of the building for the
inspection of the Committee so they could see on the
ground the ,r a:osed location of the building.
Page 10
Fleeting Committee of ;_djust.uent _tpril o, 1970;
Mr. John Belle was then asked if he had any objecti:.n to this
application -and he verbally replied that he had no objection but
would like to see the proposed dwelling built in line with his
house.
This applic_:tion was adjourned to enable the Committee to
visit the site and to peruse the building plans.
CL .SSIFICATION Sec. 10 "ii" - " Pi. V."
Application File No. 243-70 Howard I,. Alin, Owner,
" R.R. ;r21
Newcastle, Ontario,
for part of Lot 28, Con 11,
Township of Clarke,
Applic-tion w"s m. -de for exemption or partial exemption from
provisions of sub -division control by-law 1592, with amendments
thereto so as to permit the separation of 8551x8001x534' being
approximately 10 acres from the ap,licLnt'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.
ISr. How -rd I,1. Alin, the applicant, accom_,znied by his wife and
his son and daughter-in-law Iir. and irs. Glen Allin, ap.eared in
sup,.ort of this application. No other person appeared in support
of, or in op_:,osition 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, undated and annotated "preliminary"; showing
the subject land outlined in red;
I6r. Glen .Alin explained that the surveyor followed an existing
pole fence, but,this cold be altered and straightened if the
Committee found this to be practical.
Mr. Howard M. Allin, the applicant, was sworn anc testified before
the Committee as follows:
(1) His father owned the land before him, and he, himself,
had lived on the farm for 50 years;
(2) The total holding is 100 acres;
(3) There are two dwellings on the property, (a) farmhouse
and barns, now occupied by his son and daughter-in-law
Er. and IIrs. Glen Allin, with three children; (b) a
bungalow built some 15 years ago as a retirement home and
occupied by himself and his wife;
(4) His son, Glen ,,llin, helps on the farm;
(5) The purpose- of this severance is to give title to his
son for the 10 acres and dwelling thereon;
The Committee asked tir. Howard 1,11in and Lir. Glen :,llin if they
would consent to a restrictive clause in the deed as follows:
"subject to the restriction, limitation and c„ndition that the
lands herein described small not be sold, transferred or conveyed
or any e uity therein, with the exception of a mortgage, be sold
transferred or conveyed to any person, firm or corporation other
than to a person who is a member of the Allin family for a period of
at least 5 ycaars from the date upon which the decision o= the Committee
of _adjustments of the Townshi_ of Clarke to the within conveyance
becomes final, such date to be shown on the copy of the decision
of the said Committee which is attached to and forms part of this
deed." Messes. r.11in stated verbally that a restrictive clause would
be acceptable to them and this applicr.tion was adjourne enable e�
Committee to visit the site. CL:>SSI'rIC-TION 10.
Meetin adjourned at 12:15 a.m.
Cza rman
Secretary -Treasurer
Page 11
Meeting Committee of .djustment April 6, 1970;
General Business - The Secretary -Treasurer reported that Mr. H. De',ith,
Clerk -Treasurer requested an estimated budget
from the Committee of t_djustment for the year 1970
for presentation to Council at their meeting to be
held on April 7, 1970.
Folldwing a discussion with regard to the salary
of the Secretary -Treasurer the Committee were
of the opinion that her hourly rate should be
increased to conform with the salaries paid
to the general office staff. Moved by E. -Richard
Lovekin-and seconded by K. Schoenmaker that
Mrs. Ellen M. Yeo's hourly r-te be increased to
'3.00 per hour commencing January 1, 1970. Carried.
The Secretary was instructed to submit the
following estim ted budget for the year 1970
to Council:
ichard Lovekin B.A. LL.B. ;550.00 annually
K. Schoenmaker 500.00 annually
E.F.R. Osborne
500.00 annually
E.14. Yeo, estimated 1400 hours
C $3.00 per hour 4200.00
5750.00
Set aside as a contingency fund for
special opinions; consultation
fees; special supplies 250.00
Total - 3 6000.00
Moved by K. ichoenmaker and seconded by E.F.R.
Osborne in accordance with the Provisions of the
Planning :ct R.S.O. 1960, Chapter 296 and amend-
ments thereto Ref. Sec 32 (a)(dub 9) that the
Secretary -Treasurer correspond with the Council
of the Township of Clarke, requisitioning an
appropriation in the amount of $6,000.00 to
budget for :znticipated expenses for the year
1970 for employees and consultants. Carried.
The Secretary re, -'
that the following information had been requested
by Council - "in considering the budget of the Committee of .1djustment
for 1970, whether or not it would be possible to increase
the fee payable with each application in order that a
ILrger proportion of the expenses of the Committee
could be defrayed by the payment of the fee."
The Chairman, E. Richard Lovekin,
to Ers. iii. Death, De pt.9unicir-)al
a reply is received, this will be
Council.
This being all the business at this time, -
until the next meeting to be held on May
Secret--, ry-Treasure
dictated a letter
=affairs, and when
forwarded to