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HomeMy WebLinkAbout02/09/1970I-3TING of the COhMITTEE OF ADJUSTMENT Monday, February 9, 1970 at 7:00 p.m. Council Chamber Present: E.R. Lovekin, Chairman, K. Schoenmaker, 14ember, E.F.R. Osborne, Member, Mrs. Ellen M. Yeo,Secretary-Treasurer The minutes of meeting January 14, 1970 were appr®ved on motion by K. Schoenmaker and seconded by E.F.R. Osborne. Carried. Application File No. 157-68 Richard H. Donald B.A., Barrister & Solicitor, 69 King St. E., Oshawa, Ontario, Leslie Rudkin Dorothy May Rudkin, Byron St. S., .'�hitby, Ontario, for part of Lot 30, Con. Township of Clarke, Submission No. "A"157-68 Agent, Owners, V1, ..s business arising from minutes of past meetings this application was presented. , . No person appeared in support of or in opposition to this application. The Committee were of the opinion that their approval of this application is no J onger required, in accordance with Section 3.15 of amending by-law 1653 and on motion by K. Schoenmaker and seconded by Nir. E.F.R. Osborne this application was dismissed. The Secretary was instructed to annotate the file accordingly and notify the agent Richard H. Donald B.i.., Barrister & Solicitor, agent, and Nr. and I"Irs. Les.lie Rudkin, applicants. Carried. CLASSIFIC_'.TION "P" Application File No. 205-69 w. Kay Lycett B.A., agent, Barrister & Solicitor, Orono, Ontario, Harold Ball, -Owner, R.R. #2, Orono, Ontario, for part of Lots 31 & 32, Township of Clarke, Submission No. "A"205-69 As business arising from minutes of past meetings this application was presented. W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, 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 reported that several letters had been mailed notifying the applicant and the proposed purchaser of the meetings to be held on January 14 and February 9, 1970, the last mentioned letter was by registered mail. The Committee reviewed the previous minutes in this matter. i4r. Lycett, who had represented this application as agent in the original application informed the Committee he had no further instructions.,from his client. Page 2 Meeting of Committee of ,djustrnent February 9, 1970; The Committee referred to their registered letter dated January 16, 1970 wherein the parties concerned were advised "unless further representation was'presented this application will be dismissed." On the basis that insufficient evidence had been heard to support t1le application it was moved by K. Schoenmaker and seconded by Y- B.F.R. Osborne that this application be dismissed. Carried. The Secretary was instructed to annotate the file accordingly and`this matter is now closed. CLASSIFICATION "P" Application File No. 224-69 No. 225-69 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, 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 V, Township of Clarke, Submission No. "B" 224-69- 207 Submission No. ":" 225-69- 24 As business arising from minutes of past meetings, these applications were brought forward for further consideration. Mr. William J.L. Bowins, the°applicant accompanied by his agent W. Kay Lycett B.A., Barrister & Solicitor, appeared in support of these applications. Mr. M.D. Brown, OLS., Bowmanville, Ontario appeared to discuss the question of a sbt back from a water course or stream. No other person appeared in support of or in opposition to these applications. The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from Edward R. Woodyard, Secretary, Trustees of the Police Village of urono, Ontario, dated January 27, 1970;'Resolution No. 70-3, dated January 26, 1970 from the Trustees of the Police Village of Orono, Ontario; (2) Correspondence from Robert A. Edmunds, P. Eng., counties' Engineer and Road Superintend8nt, Cobourg, Ontario, dated February 4, 1970. The Committee noted the contents thereof and instructed the Secretary to include this correspondence in the minutes of this meeting, as follows: "Resolution No. 70-3 Orono, Ont. January 26, 1970 " Moved by: "Floyd Nicholson" Seconded by "E. Woodyard" BE IT HBir:BY"RESOLVED that the Trustees of the rolice Village Of Orono do hereby acknowledge the correspondence from the Committee of Adjustments and that the Secretary be instructed to send a letter as drafted which outlines the views of the Trustees on this matter, and also to send copy to GJ.K. Lycett B.r;,, agent for the Applicant. Carried: (sgd.) "DOuglas Simpson" "Dear Madam: "January 27, 1970 If I have been authorized by the Trustees of the Police Village of Orono to reply to your communications of January 7., and twenty-third. The Trustees wish to point out that they have spent a considerable money in servicing these lots in question, with both hydro and water, and also that practically all phases of your questionaire h -ave been considered prior to servicing ofthelots in question. Page 3 Meeting Committee of Adjustment February 9, 1970; Our answers to your itemized questions are as follows: No. 1 on pg. 3 of your document Dec.20th., 1969. Regarding this question: An engineer from the OWRC viewed the property in question and the old creek bed, and could find no reason to condemn this property. .lso, the Trustees did discuss this location with the Sanitary Division of the Department of Health, and no objection was raised. No. 2. 'Regarding sanitary sewers: ae have been advised by OWRC that under normal circumstances, sanitary sewers should not be needed for 20-25 years. However, if the unexpected should happen, according to engineering firms who have viewed the situation, it is more than likely a main trunk would be routed through what is now property owned by the Park, :.nd would be quite low enough to pick up,'not only the properties in questionm but also the existing properties to the west, including the Park buildings and the residence now occupied by Mr. Estabrook. No. 3.' There are no plans at present by the Village, for any changes at`the intersection of 'Princess and plain Sts., and unless the County should reconstruct the entire south end of 1,1ain St., which is highly unlikely, no plans are anticipated. We might add howev'$g, if Main St. were to be reconstructed, it would more than likely/lowered at this point, inwhich case it would help the location rather than be detrimental. No. 4. It is the opinion of the Trustees, that if a dwelling were erected on either lot in question, and if the normal County set back is adhered to, - in other words, if a new dwelling were erected, with the same set back ffom Main G`t. as the dwelling now occupied by 111r. Bowins, and with a set back in line with the dwelling now owned by Mr. Estabrook ai Princess St., the line of vision should not be objectionable'. Further to the 4 points in question: In viewing this location and general area a few years ago with the Sanitation engineer from OWRC, it was pointed out that, on many of the old maps, there are shown water courses and mill ponds etc., which in some cases have not been in existence for from 50-100 yrs. and in many cases, the so-called "creek" has only acted as a run-off water course during spring thaws'and rain storms, and for many years, has really only been'serving as a trunk ditch.. It was further pointed out, that for many many years, fish have"not inhabited this old water course, particularly in the season of spawing. The only concern regarding this application, as far as the Trustees are concerndd, is`that no building be erected without the proper elevation to facilitate the drainage to a natural ditch of water course. Yours tfuly, (sgnd) "Edward R. Woodyard"` Edward R. Woodyard, Secretary 12rustees of the Police Village of Orono. c.c. to W.K. Lycett B.A. Agent for William J.L. Bowins." "Dear Madam: Thank you for your letter of January 23 and enclosures. 'de are somewhat unsure of just what information it is you rewire but we hope the following comments will be of assistance to you. It would appear that Nr. Bowins lives at the south-east corner of a lot measuring about 1`57.8 feet fronting on County !oad 72 by Y 165 feet fronting on Princess Street. de assume 1',r. Bowins wishes to subdivide the lot into three parcels as shown on plan prepared by Mr. Brown It is noted that Mr. Dowins' residence is within two feet of the side property line and extends six feet onto the eight foot right- pf way. The house is within about one foot of the county road allowance. Page 4 Meeting Committee of _djust;lent February 9, 1970; In reply to question two of page three of the minutes: The United Counties will no doubt install storm sewers on !,lain Street -which would eventually lead to the stream by way of PrincesscStreet or a right-of-way. The United Counties is not concerned with°sanitary sewers, however, there is little doubt that a sanitary sewer system will eventually be installed in Orono and servicing of the proposed house would be a problem. r In reply to question three: There is no doubt that the inter- section of Main Street and Princess Street will be improved in --th-e future. Any improvement to Princess Street would require a widening to a minimum of 66 feet and probably wider. The corner at present is an extremely poor one and in need of improvement. In reply to question four: It is extremely desirable to have adequate sight distances for vehicles 'stopped on Princess Street. assuming our By -Law Number 1941 covers the Police Village of Orono (see item 1 last paragraph). we would endeavor to keep the setback of any structure 47 feet from the road allowance. Summarizing, it would appear that there are many reasons to refuse the severance -and no reasons'to grant it. ',Te would oppose such a severance in any we could. We realize you require facts,'not "opinions but we hope this letter will be of some use to you. Yourstruly, (sgnd.) "Robert r;. Edmunds," Robert A. Edmunds, P. Eng., Counties' "ngineer and Road'Superintendent." (3) A copy of By -Law No. 1941 A By -Law of the Corporation of Buildings on Lands abutting on County Roads Established by the Corporation; The Committee noted the contents thereof and instructed the Secretary to include the underlined portions in these minutes and to prepare photostat copies of the entire by-law for members of the Committee; "By -Law No. 1941 -:1(c) "County Roads" all Countv Roads within the limits of all incorporated Towns and Villaqes in the said united Counties_ , uiiuLn such building shall have the set back line of the said existing bu�.lding plus one-third`of the clear distance between the proposed and said existing building but in no case shall the set back line be less than 10 feet from the nearest limit of the county road; 9. this by-law shall come into full force and effect upon the day that it receives the approval of The Ontario Municipal Board. and second READ a first time this 19th day of January 1962., G.S. Philp (sd.) �darden k. ilmons (sd.) Clerk Z'_ -:,v a third time and finally passed, this 19th day of January 1962. G.S. Philp (sd.) 1 arden° Symons (sd.) Clerk „ Iir. M.D. Brown OLS referred to the Plan of Survey and referred at length to the "water course" and the question of possible Pollution; Mr. E.K. ,ioodyard, Secretary, Trustees of the Police Village of Orono appeared and reported, during a telephone conversation Mr. Edmunds, P. Eng., indicated that he would view this property with i"r. Woodyard at a convenient- time for.them both. This application was therefore adjourned to enable the Committee to review the information submitted and to await the result of the inspection by Mr. Edmunds and Mr. 'vioodyard. CLASSIFICATION ":i" and "P" Page 5 Meeting Committee of 'adjustment February 9, 1970; Application File No. 125-68 Alessrs. Turks and McNeely, Agent Barristers & Solicitors, 17 King street E., Oshawa, Ontario, Kenneth C. Rogers, Elinor Rogers, 274 Elizabeth Street, Oshawa, Ontario, for part of Lot 30,Con V1, Township of Clarke, Submission No.- "B" 125-68-195 As business arising from past meetings, this application was presented for further consideration. Mr. and Firs. Kenneth C. Rogers, the applicants appeared in.support of this application. No other person appeared in support of, or in opposition to this application. AYr. Rogers submitted a registered deed of land, registered in the joint names of Kenneth & Elinorrtogers, as documentary evidence, prepared by Dodds and Dor:ald, 69 King St. E.,'Oshawa, Ontario, registered at 6 minutes after 10 o'clock in the Laji, on the 29th day of July, 1965 as 4N26600 for the Township of Clarke. The descrirtion in this deed described the land purchased in one parcel. This description read that the land described therein was outlined in red on a Plan of Survey made by M.D. Brown OLS, dated June 16,,1965 Job 465054 which was an appendix in the deed. It was noted that the said appendix was obviously part of the original document, as the perforation "registered" made at the time the deed was registered was clearly visible on the upper right hand corner. The land outlined in red showed clearly two abutting lots. Mr. Rogers further stated that at the time of purchase he believed he had bought two separate lots and his intention had been to build a home on one of the lots and retain the other lot for a future retirement home for themselves. In addition to the aforementioned facts the Committee also noted the following: (1) The character of the area has been established. Along the east side of the road allowance between lots 30 and 31, concession 6 (Leskard Road) are more than 37 lots. On these lots are situate 19 houses and most of the remaining lots are "lots of record" on which houses will be built and building permits may be issued; (2) Immediately to the north and south of the subject lands, houses have been"built. (3) The frontages of the lots varies between 85' and 2001, most of which are 95' and 1001; (4 ) The Committee: " (a) Perused the "Plan of Survey; (b) Referred to their minutes of meetings July 8, August 12, 1968; January 14, 1970; (c) Recalled their inspection of the property on June 29, 1968; and were of the opinion that the deed presented was documentary evidence of proof of what was said is true and this could be considered "infilling" and a,"lot of record". Application granted on motion by E.F:R. Osborne, seconded by K. Schoenmaker. Carried.` CLASSIFICATION "J" Page 6 I4eeting Committee of -djustment February 9, 1970; Application File No. 222-69 gid. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Harry A. Kuehn, Owners, Christa H. Kuehn, R.R. 41, Newtonville, Ontario, -for part of Lot 6, Con 11, Township of Clarke, Submission No. "B" 222-69-196 As business arising from minutes of past meetings this application was brought forward for further consideration. W. Kay Lycett B.,;., Barrister & Solicitor, Orono, 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: (4 A Plan of Survey, prepared by I-I.D. Brown, OLS., 1106, Bowmanville, Ontario, dated January 22, 19,70 numbered 70008; T)Ie Committee: ,(1) Referred to the minutes of meetings on November 24 and December 20, 1968; (2) Perused the Plan of Survey submitted (3) Recalled their inspection of the site on December 20, 1969; and. were of the opinion that the ipplicant had complied with conditions imposed as evidenced in former minutes. ,pplication granted on motion by E.F.R. Osborne, seconded by K. Schoenmaker. Carried. CLASSIFICATION "E" Application File No. 228-69 Vd, Kay Lycett B.":, :agent, Barrister & Solicitor, Orono, Ontario, William Elliott Reid, Owner, Orono, Ontario, for part of Lot 1, Con V1111 Township of Clarke, Submission No. 228-69 .°.s business arising -from minutes of meeting January 14, 1970 this application was brought forward for further consideration. Mr. Wm. E. Reid, the applicant, accompanied by his agent W. Kay LycetttB..'.., Barrister & Solicitor, Orono, Ontario, 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 Committee visited the property on Saturday, February 7, 1970 and noted the following facts: (1) A large mobile home was located on the property and appeared to be serviced by hydro; (2) The character of the land!is sandy and is partly wooded; (3) i1 Stream was noted on the property running in the south westerly direction; (4) The -land south of the stream was mostly cedar bush; Page 7 Meeting Committee of Adjustment February 9, 1970; The Committee found the physical facts regarding the property in question to be substantially the same as the facts set out in �I. Kay Lycett B.A., (agent) letter of December 29, 1969 and were prepared to take judicial notice of the fact that applicant is known as a vendor of cedar posts, a further fact alleged by the applicant. The Committee were of the opinion that this application would conform to the provisions of By -Law 1653, a By -Law to amend By -Law 15929 Appendix 1, Section (1) Subsection (b) wherein the lot area required is a minimum of 40 acres. This application was adjourned awaiting the submission of a Plan of Survey and the Secretary was instructed to request 'Mr. Lycett to complete his application by submitting a proper Plan of Survey in duplicate, by an Ontario Land Surveyor. CLASSIRIC::TION ".'" Application File No. 229-70 I.I.B. Kelly, B. Comm, LL.B., Strike & Strike, Agent, Barristers & Solicitors, Bowmanville, Ontario, Samuel John Powell, Owner, R.R. 4-3, =Newcastle, Ont. for part of Lot 16, Con 1, Township of Clarke, Submission No.l'B"229-70-198 Application was made for exemption or partial exemption from provisions of sub -division control by-law No. 1592 and amendments thereto so as to permitthe separation of a parcel of land approx- imately 2681x250' being approximately 1.54 acres in area from the applicant's land. The Secretary reported that 22 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Samuel Powell, the applicant, accompanied by his son Mr. Ronald Powell, R.R. 43, Newcastle, Ontario, and M.B. Kelly, B. Comm, LL.B., as agent appeared in support of this application. No other person appeared:h support of, or in opposition to this applic.tion. The`Secretary-Treasurer presented the following material to the 'meeting: (1) Correspondence from N.B. Kelly B.Comm,LL.B., Messrs. Strike & Strike, Barristers & Solicitors, Bowmanville, Ontario, dated January 5, 1970; The Committee noted the contents thereof; (2) A Plan of Survey, prepared by M.D. Brown, GLS., Bowmanville, Ontario, dated Nay 8, 1969, 69055; (3) Photostat copy of correspondence received from Department of Highways, Functional Planning, 'Downsview 464, Ontario, dated February 41 1970. The Committee noted the contents thereof; I•ir. Kelly made the following submissions: (1) Mr. Ronald Powell, son of I,Ir. Samuel Powell built a house on 1.54 acres in lot 16 as shown on a Plan of Survey, prepared by M.D. Brown OLS Bowmanville, Ontario, dated May 8, 1969, 469055; (2) Mr. Samuel Powell and another son, Nr. Floyd Powell carry on a bona fide farming operation in lot 17 of approximately 160 acres and in lot 16 of approximately 95 acres; (3) This application is presented in order to give title to Mr. Ronald Powell of the 1.54 acre parcel with a dwelling thereon. Page 8 Meeting Committee of :,djustment February 9, 1970; (4) Mr. Samuel'Powell has owned his farmland for approximately 52 years; The Committee requested Mr. Kelly to submit affidavits from Messrs. Samuel Powell and Ronald Powell, verifying these facts and also enclosing a copy of the building permit. The Committee asked Mr. Samuel Powell if he would consider enlarging the lot. Mr. Powell replied that he would be agreeable. This application was adjourned to enable the Committee to visit the property. CLASSIFICATION Sec 10. ":," Application File No. 230-70 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Richard Donald Morton, Owner, Lillian Stella Morton, R.R. 41, Kendal, Ontario, for part of Lot 21, Con Vl, Township of Clarke; Submission No. "B"230-70-200 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 a parcel of land approximately 2501 x 350' approximately 2 acres in area from the applicant's land. The Secretary reported that 16 notices of the said hearing had been mailed in accordance with Item 4 of the Rules of Procedure. Mr.i,.D. I,7orton, the applicant, accompanied by his acent "vi. Kay Lycett B..1.1 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 dated January 21, 1970 from ad. Kay Lycett.B.A., Barrister & Solicitor, Orono, Ontario. The Committee noted the contents thereof; Following written and oral representations submitted by the agent W. Kay Lycett B.A., the Committee reached the following conclusions: (1) The subject property was acquired by Mr. Morton in the year 1962 from the estate of John Cowan who previously owned the farm lands in question. Mr. Morton incorporated this land into his local operation and the dwelling house has been occupied by persons whom.he has employed in connection with his farming operation. This practice, however, I as proved unsatisfactory and the need for additional help has been reduced by mechanization. (2) The lands in question fall within an agricultural zone and in pursuance with the provisions of the Zoning,By-Law for Clarke Township, forty acres or more are required before a building permit may be issued; (3) In this case the house on the subject lands is already constructed and exists and the applicant is asking that it be separated from the balance of the farm lands as a house and lot. The remaining lands will be used by Mr. Iiorton as agricultural lands; Page 9 Meeting Committee Of :zdjustment February 9, 1970; (4) Mr. Morton should submit an affidavit through his agent stating as follows: (a) that he intends continuing his farming operations on the remaining lands which he now owns; as long as his health or economic circumstances permit; (b) that he does not intend to erect any further dwelling houses; (c) that the farming operation will be carried on for a minimum period of fipe years; There being no survey submitted with the application, the Committee pointed out that their next step could be no more than an°interim decision. It has, of course, now become a fairly fixed policy with the Committee that in order to reduce the costs of an application, the Committee will consider an application on the 'basis of a sketch plan only and will not insist on a formal Plan'of Survey unless and until it can be indicated to an applicant that his application will probably be successful. This has the ladditiohal benefit that the survey can incorporate any suggestions made by`the Committee and agreed to by the applicant which could necessitate an amended survey, if one had been formerly prepared. This application was adjourned to enable the Committee to visit the property. CLASSIFIC:,TION SEC 10. "A" Application File 231-70 Mr. Fred Hryniuka, Owner, N.D. #1, Newtonville, Ontario. for part of Lot 4, Con 11, Township of Clarke, Submission No. "B"231-70-201 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 a parcel of land approx- imately 21.18 acres in area from the applicant's land. The Secretary `reported that 20 notices of the said hearing had been mailed inaccordance with Item 4 of The Rules of Procedure. The Secretary -Treasurer presented the following material to the meeting: (1) A photostat copy of sketch of the subject land prepared by Eileen Blackwell, Box 201,Newcastle, ' Ontario, annotated "not a survey." i.Ir. Fred Hryniuka the applicant, accompanied by his son-in- law Mr. John Twardowski, 611 Lansdowne _eve. Oshawa, Ontario, appeared in support of this application. Mr. Mike Joy, R.R. #1 NewtonVille Ontario and Mr. bualter Kobak, R.R. 41 Newtonville, Ontario appears as observers. No other person appeared in support of, or in opposition to this application. Mr. Hryniuka made the following submissions: (1) He has owned the property of 100 acres for approximately 30 years. He wishes to retain 21.18 acres from his farm and retire; (2) The 21.18 acres consists of approximately 8 acres of workable land, which he would use for a vegetable garden and source of income, the balance of approximately 12 acres is bush land and not,suitable for cultivation. (3) The remainder of the farm is to be sold and a dwelling . . erected on the 21.18 acres. This application adjourned to enable the Committee to visit the property. CLAS-;I_'IC..TION SEC 10. ,At, C Page 10 Meeting Committee of .djustment February 9, 1970; Application File No. 232-70 E. Richard Lovekin B._ .LIL.B., Executor, testate of Tupper Johnston, Box 9, Newcastle, Ontario, for part of Lots 5 & 6 broken front, Township of Clarke, Submission No. "B"232-70-197 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 a parcel of land approximately 69.57 acres in area from the 'applicant's land. The Secretary reported that 28 notices of the said hearing had been mailed in accordance with Item 4 of The Ru1�s of Procedure. E. Richard Lovekin B.A. LL.B., Barrister & Solicitor, Newcastle, Ontario, as executor of the estate of Tupper Johnston appeared in support of this application. Mr. & Mrs. J.K. Rochmal, 307 Walmer Rd., Oshawa Ontario, and NY'.'& Mrs. George Dyriw, 307 �Ialmer Road, Oshawa, Ontario, appe:tired as observers. No other person appeared in support of, or in opposition to this application. The Chairman of the Committee, E.R. Lovakin B.A., LL.B., stated that he was the executor of the Tupper Johnston Estate and therefore wished to withdraw from any consideration by the Committee of the merits of the case. Mr. K. Sdhoenmaker, Senior Member assumed the chair. The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from Department of Highways, Functional Planning, Downsview 464, Ontario, dated February°4; 1970; The Committee noted the contents thereof; (2) : Plan of Survey prepared by i�i.D. Brown, OLS, Bowmanville, Ontario, dated May 27, 1969 and numbered 69058B; Mr. Lovekin pointed out that the Solicitors of the estate Messrs. Bonneville & Fitzgibbon of Port Hope should really present the facts of the case but in their absence he felt free that it was proper that he could outline the facts in this situation as the executor. The estate of Tupper Johnston would contain several thousands of dollars to be divided among residual beneficiaries, mainly, charitable institutions. The Executor and the Solicitors felt it incumbent on them to take every step to ensure that the maximum amount of money was realized in liquidating the estate. A complete survey of the real property, owned by -Tupper Johnston, was ordered and a copy of the survey as it applied to his farm is attached to this application. Generally speaking, these farm lands were sold on natural division by public auction duly announced in local newspapers.' In the opinion of the 'Executor and the Estate Solicitors, the 69.57 acre parcel and the 23.64 acre parcel do not abut, in spite of the fact that they are connected by an easement. The corner of the property may me'et'at a point, but since a point is not area, there is no abuttment within the meaning of the legislation. The lands were duly sold under this interpretation with one purchaser buying 69.57 acres and a second purchaser buying the 23.84 acres. The person buying the 23.84 acres is fully aware that he cannot be issued a building permit under the by-laws of the Township of Clarke, but this is of no concern to him as he owns the land across the road and will be using this land in conjunction with his holdings. Page 11 "fleeting Committee of Adjustment February 9, 1970; This application is being made to completd clarify the `question of title before the estate is ettled. If the applic-.tion were refused cmd a question on title raised the sales would have to be declared abortive and the lands resold. While this would occasion some delay and extra cost, it could be accomplished with no greet difficulty. Should the estate be fully completed and the question raised subsequently, the estate would no longer be in existence and settling the issue would be difficult. In order to put the matter beyond dispute it was, therefore, decided to apply for approval of the deed from the estate to the purchaser of the 69.57 acres on the basis set out above. This application was then adjourned to enable the committee to visit the property. CLASSIFIC.,TIOIQ S_ -C. 10 "A" Meeting adjourned at 11:00 p.m. Secretarv-Treasur4,4 Saturday, February 14, 1970 The following properties were inspected by the Committee: Application File No. 229-70 Samuel John Powell H.R. 43 Newcastle, Ontario. As a matter of record the Committee visited this property on Saturday, February 14, 1970 at 3:15 p.m. The applicant, Mr. John Powell, was not at home, but the Committee conversed with Mrs. Powell. The Committee noted the following facts: (1) The house of Mr. Powell Sr, is situated on the west side of the road; the house of i-ir. Powell's son Floyd Powell is about 3/4 miles north on the east side of the Township Road, which is commonly referred to as "Morgans Sideroad". The son's home and the land to be severed is located immediately south of a ramp over Highway 4`401, on the east side of the road; (2) It would appear that the lot to be severed is at the northerly end of the farming operation and is severed from other parts of the total agricultural holding by both north - south and east - west roads. ,�fte_ due consideration the Committee were of the opinion that they would need the following information before handing down a formal decision: (a) (b) (c) How much land was adjacent to the`proaerty to be severed; . The name of the abutting owner; The size'of the remaining parcel of°land, if the severance.was granted; The Committee instructed the Secretary to request such information from the applicant's Solicitor, M.B. Kelly, B.Comm,LL.B., Bowmanville; Ontario; such information to be available for the next meeting to,be held on 'larch 9, 1970. J