HomeMy WebLinkAbout10/08/1969Page 13
Meeting of Committee of Adjustment October 1, 1969:
Owing to the lateness of the hour, this meeting was adjourned
at 1:00 p.m. and the Committee arranged to meet on Wednesday
October 8, 1969 at 1:00 p.m. to give further 'consideration to
the following applications:.
184-69 Conley James Battams
Verna Muriel Battams-
% 212-69 •` Milton W. Staples
Secretary-Treat4irer aix
MEETING
of the
COMMITTEE OF ADJUSTMENT
Wednesday, October,8, 1969 at 1:00 p.m.
Council Chamber
Present: E.R. Lovekin, Chairman,
K. Schoenmaker, Member,
E.F.R. Osborne, Member,
Mrs. Ellen M. Yeo, Secretary -Treasurer
The minutes of meetings September 13, 1969 and October 1, 1969
were approved as read on motion by K. Schoenmaker and seconded
by E.F.R. Osborne. Carried.
Application File No. 184-69
W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Conley James Battams, Owners,
Verna Muriel Battams,
Leskard, Ontario,
for part of Lot 31, Con Vll,
Township of Clarke,
Submission No. /3 i5y-6y-i F3
As business arising from minutes of past meetings this application
was presented for further consideration.
The Committee considered the following facts:.
(1) Mr. and Mrs. Battams acquired their entire holding
under two separate deeds, the first on January 12,
1962 and the second property which lies adjacent
to the south on August 10, 1965 and registered as
N26740 on that date;
(2) A covering letter from their Solicitor dated August
119 1965 stated in part "this was registered as
a separate transaction and you:may sell it separately
when or if you wish."
This establishes without doubt that there is definite
documentary evidence of prior intention to sever. The sub -division
control by-law #1494 which came into effect on 15th November
1965 has_. created the problem which theynowseek to redress.
The Committee further noted that correspondence from M.D.
Brown OLS., 121 Queen Street, Bowmanville, Ontario, dated
September 23, 196i_restablished that the subject lands are
situated in an "A" Zone, thereby removing all doubt as to the exact
location. _
Page 2
Meeting of Committee of Adjustment October 8,.1969:
The subject land is situate in an area where there are a
number of residences on parcels of land of approximately
the ;same s&ze,.type and character and ,this could be classified
as an infilling operation.
The area of the lot is 45,600 square feet., a_depth of 456'
and a frontage of 1101. This area is more than the required
area by by-law 1592 with amendments thereto, although the
frontage is less than the required 1501. _
The Committee were of the opinion that Mr. and Mrs.
Battams should be clearly warned that this Committee has no
jurisdiction whatsoever in the granting of building permits
and the fact that the land is severed does not automatically
entitle the purchaser to a building permit. The question as
to the entitlement to a building permit is a matter between the
applicant and the Township authorities.
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;and to also send a copy of the
minutes pertaining to`this application for his information.
Application adjourned awaiting the submission of a Plan of
Survey.
CLASSIFIED "K"
Application File No. 212-69
W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Milton W. Staples, Owner,
R.R. 421 Orono, Ontario,
for part of Lot 29, Con V,
Police Village of Orono
and Township of Clarke,
Submission No."B" 212-69-192
This applincation was brought forward for further discussion
and consideration.
The Committee were tentatively of the opinion that severance
of land should not be granted until sufficient assurances
were obtained to the effect that such a severance would not
materially interfere or complicate any existing plan for the•area
pending before the local Planning,Board and that specifically
in this case the matters of drainage and access should be clarified.
The Secretary -Treasurer presented the following material to
the meeting: -
(1) A photostat copy of a Plan of Survey prepared by.
M.D. Brown OLS, 1106, Bowmanville, Ontario, dated
August 28, 1969, 466148A2 annotated "additions
September 2, 1969; and further annotated in pencil
as follows:
"additions Oct 71 1969"Proposed Development" 1166 foot
access as per agreement with Staples" "Block B " Block All
"th_-s portion of R -O -W north of proposed street to
revert to applicant" "easement for channeling watercourse"
The Committee perused the Plan of Survey and noted that this
was an amended plan showing a drainage easement.
The Secretary was instructed to advise Mr. O'Chonski's-agent -
that the Committee would like to hear further argument on this
Proposal at the next meeting to be held on October 27, 1969 and
at'tl-at time particular reference should be made to the problem of
drainage and access as outlined above.
Application adjourned for further
CLASSIFICATION "E"
Me ng adjourned at 4:00 P.M.
Secretary-Treasu e
consideration.
rman