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HomeMy WebLinkAbout02/14/1970Page 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 Page 2 Saturd-y, February 14, 1970; Application File No. 230-70 Richard Donald Horton, Lillian.3tella Morton, R.R. #1, Kendal, Ontario. ;s a matter of record the Committee visited this property on Saturday, February 14, 1970, and accompanied by the applicant Mr. Morton, inspected the property. The Committee noted the following facts: (1) The applicant is a farmer working nearly 600 acres and it is apparent that the house concerned in this application was an original farmhouse on a smaller farm and had been used for a working man's accommodation; (2) Basically, what has apparently transpired is that the applicant, in conformity with current trends in agriculture, has increased his farming acreage. This has made' the farm `house on the former smaller farm surplus to his agricultural requirements. The applicant alleges, and the committee agree, that it is not practical to rent such an older building. A considerable amount of money should be spent on the house to bring it up to a standard of housing that would command an economic rent; (3) This Committ8e has'stated in the past that reasons of economic necessity or need are irrelevant to its deliberations as they are not factors which the Committee are entitled to take into account under The Planning Act. The Committee still hold to that opinion; (4) In the present case, however, it is not economic - need or strictly financial matters of which they are taking notice. To rec;uire ISr. Morton to invest money in this b}iilding .:ould be forcing a bona fide farmer to go into the rental of housing accommodation. By modernizing his operation he has reduced manpower requirements on an expanded acreage,and housing found on the original farms is now in oversupply; (5) This decision is a clear precedent that where there are say three 200 acre farms side by side,and in order to comply with the suggestions of the Department of sgricuiture that 600 acres is an economic farm and to better utilize larger equipment which requires less manpower, a farmer purchases the adjoining farms and uses the lands for agricultural purposes; he may apply,to sell off the surplus houses and their immediate surroundings,to this Committee with some hope of success. lie is not increasing housing density by such action. He did not create the situation by building new houses. He is acting rationally and sensibly and doing the best he can in an existing situation. (6) 6lhile this committee do not admit that they are in any formal way bound by their own previous decisions; it is self evident that the Committee should make all of their decisions logically and.on the basis'of clearly defined principles, which principles are grounded`in the relevant legislation of the Provincial Legislature of Ontario. The Committee are always concerned less one of their decisions be misunderstood and thus give rise to a subsequent series of applications Page 3 Saturday, February 14, 1970; which are allegedly similar but are not really similar to a decision already made. It was, therefore, deemed advisable to clearly set out the grounds for this decision and to point out that this decision will not increase or decrease the humber of housing units in a given area; The Secretary was instructed to request Er. Lycett to` complete the application by submitting a proper 'elan of Survey prepared by an Ontario Land Surveyor and a Sworn Affidavit signed by TIr. Morton setting out the relevant facts regarding his intention of continuing with his farming operations as stipulated in the minutes of meeting February 9, 1970. The application was then adjourped awaiting the submission of the necessary material before a formal decision may be given. In regard to the size of lot to be created, it was thought advisable to point out that any such lot should meet Rural Residential Zone recuirements (i.e. 1 acre) and be of a suitable geometrical shape. Appli,cation File No. 231-70 Mr. Fred Hryniuka, R.R. 41, Newtonville, Ontario. ns a matter of record the Committee visited this property at 3:40 p.m. on Saturday, February 14, 1970. The Committee noted the following facts: (1) The property was obviously being used as a smaller type farm. This conclusion was based among other things, on the following observations: (a) Small chicken houses'were seen, now used for storage; (b) barn, approximately 701x24' with stable beneath and loft overhead, provided adequate buildings for such a sized farming operation; (c) A driving shed contained a John Deere tractor in apparently good working order and a manure spreader and cultivator and other older type implements were . stored in the yard; (2) The southerly end of the land to be retained by 1•1r. Hryniuka was heavily covered with bush. t the time of the Committee's visit, several hunters were in this area and the baying of hunting dogs in these woods indidated that some kind of game was being actively hunted; (3) The north end of the property to be severed was a high and dry knoll"of good land with ready access to the side road making a suitable site for a home; (4) All the relevant facts were established to the satisfaction of the Committee and the application appeared bona fides in every respect. The proposed division of land does not appear to violate any topographical situation' or any sound planning practice. The Committee were of the opinion that this application fell within the provisions of by-law 1053, a by-law to amend by-law 1592,= "SentPlon 10 - .griculture Lone (a) Appendix 1 (j) Farmer Retaining Lot; . . Page 4 Saturday, February 14, 1970; ov The Secretary was instructed to advise I -Ir. Hryniuka that the following restrictive clause in the,deed will be required - "Subject to the restriction, limitation and condition that the lands herein described shall nqt be sold,, transferred or conveyed, or any equity therein, with the exception of a mortgage, be sold transferred,or conveyed to any person, -.firm or corporationcther,than to a person who is a member of the Hryniuka family for a period of 5 years from the date upon which the decision of the Committee of :adjustment for the Town- ship of Clarke to the within conveyance becomes final, such date to beoshown on the copy of the decision to the said Committee which is attached to and forms part of this Deed" The Secretary was also instructed to request the applicant to complete his application by submitting a proper Plan of Survey, prepared,by an Ontario Land Surveyor. _ This application was tabled for further consideration at such time as a survey, in duplicate, by an Ontario Land Surveyor has been received and the applicant has indicated he will accept the condition suggested by incorporating the relevant facts in an ffidavit to be filed with the Committee. Application File No. 232-70 As a matter of record the on Saturday, February 14, 1970 was given. E. Richard Lovekin B.A. LL.B., executor, Estate of Tupper Johnston,. Box 99 Newcastle, Ontario, for part of Lots 5 & 67 Broken Front, Township of Clarke, Submission No. "B"232-70-197 Committee visited this property at 4:30 p.m. and a formal decision Mr. Lovekin reminded the Committee,.that as an Executor of the Estate of Tupper Johnston, he wished to withdraw from their deliberations. The Committee looked over the entire property and noted where the easement connected the two parcels, but did not walk over to the exact site due to the deep snow... :The Committee noted the following facts: The Plan of Survey shows the condition as it exists; particularly in regard to access to roads etc.,- There tc.,- There is no.planning problem as the number of potential houses will not be increased or decreased by the severance; (3) There is no real" problem in relation tb access to abutting roads as lines of vision are excellent and the rods appear adequate for present and :Foreseeable traffic conditions; (4) '-'he point to be decided 'here is simply whether the two parcels abut; within the meaning of the Act at the point of the easement; (5) The request for severance is to avoid any technical title problems arising after the estate is settled. The Committee concluded on motion by K. Schoenmaker and seconded by E.F.R. Osborne that this application be granted, there being no clear reason why the application should not be grantee; and the granting of a formal severance being apparently desirable to facilitate g. up an estate. Carried. CLASSIFI 01. ,N SSC. 10 "A" etre ary-131e Iasurer ha