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HomeMy WebLinkAbout12/21/1966MEETING of the COMMITTEE OF ADJUSTMENT for the TOWNSHIP OF CLU KE Wednesday, December 21, 1966, at 8 p.m. Council Chamber, Orono. Present: E.R. Lovekin, Chairman H.1;. Walkey, Member K. Schoenmaker, Member H.E. Millson, Secretary -Treasurer Minutes of meeting of the Committee held November.11, 1966 were approved as read. on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. Application File No. 40-66 Mr. A. Martens, Sr., Agent, R.R. #2, Orono, Ontario . Mr. A. Martens, Jr.,. Owner, 2 Nursewood Rd., Apt 12, Toronto 13, Ont. for part Lot 15, Con. VII, Township of Clarke, Submission No.'a"4o-46-36 Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1494, so as to permit the separation of a parcel of land approximately 3101 x 3301 being 2.34 acres in area from the applicant's land: The Secretary reported that 13 notices of the said hearing had been mailed in accordance with Item 4 of the Rules of Procedure., Mr. A. Martens Sr., the Agent, appeared in support of his sons application. Mr. A.E. Micklash, the prospective Grantee also 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 letters to the meeting: (1) Mr. E.C. Wildman, c/o Strike & Strike, Barristers & Solicitors, Bowmanville, Ontario, dated August 30, 1966. (2) Mr. A.E.'Micklash, 75 Tecumseh Avenue, Oshawa, Ontario, dated November 19, 1966. (3) Mr.'A. Martens Jr., (address noted above), dated November 20, 1966. "It was noted by the Committee that the survey by Donavan & Fleischmann, dated August 24, 1966 under Job #14774 did not show all of the holdings owned by the applicant. The Committee discussed problems of access, location and size of lot. It was decided to visit the property before rendering a decision. The Committee having considered the evidence before them and upon inspection of the property decided to grant the request for severance of the land on the following basis A. The land being severed was in excess of 2 acres and the land being retained was in excess of 2 acres. B. The condition pre-existed the passing of the By -Law and severance was not created in deliberate contravention of the By -Law. C. The area was evidently suitable for a summer residence, for which purpose it was being employed. D. The land was located near the Kirby to Kendal County road so that it had ready access'to a proper highway, although immediate access to the property was by a laneway. E. The land being severed was not suitable for agricultural purposes. Consent to sever the subject land was.thereby granted on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. Page 2 Meeting of Committee of Adjustmeh�, December 21, 1966; Application File No. 41-66 W.` Kay Lycett,Barrister & Solicitor,Agent Orono, Ontario. Mr. and Mrs. Wm. A. Reid, Owners, R.R. North, Orono, Ontario, for,part Lot 25, Con. VI, Township of Clarke, Submission No. "a° 41-16-57 Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1494 so as to permit �1 the separation of a parcel of land approximately 71t x 1001 being 7,100 square feet in area from theapplicant'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. William A. Reid, one of the applicants, accompanied by the agent, W. Kay Lycett B.A., appeared in support of. the application. A survey in duplicate by M.D. Brown OLDS, dated December 21, 1966 as No66149 was, submitted to the Con1mittee. It was noted that certai`n area changes had been made on this s�irvey thereby enlarging the subject lands from 71t x loot to 90t x 138.571. Mr. Reid said that a separation of the subject lands was desired to legally separate the combined business and residence from the abutting properties owned by him in order to allow the sale of his combined residence and business without affecting the other properties. Mr. Lycett informed the Committee that the buildings on the subject lands and abutting lands had been erected long before the passing of the By -Law, further, whether or not this situation is good or bad, it nevertheless cannot be chenged. If consent is given, he said, the situation would still be similar. Mr. Reid informed the meeting that the Ontario Department of Highways had constructed a storm drain along `the pest side of Highway 35 adjacent to the sub- ject lands which empties South of the Kirby United Church property. No other person appeared in support of, or in opposition to, this applic ation. Mr. Lycett, on behalf of the applicant pointed out that the property in its use is three completely separate properties occupied by three separate families and the use will not be altered no matter what. ruling may be made as regards land separation. The reason for the application is that the Vendor, who has operated the store for some years, is considering retirement and. .the property can be more easily disposed of in separate units. Mr. Lycett presented to the Committee a plan of survey dated the 21st day of December 1966 and the estimated measurements, given in the original application were altered to conform with the actual survey. He also asked that his application be amended to conform to the proposed division as shown on the plan. Permission to so amend was granted by this Committee. The Committee then heard argument from the agent, Mr. Lycett, Solicitor, and the owner, Mr. William A. Reid. Mr. Reid pointed out that excess surface water was conveyed along Highway No. 35 by a storm drain with catch basins that discharges South of the Kirby Church. The Committee then took the following factors into consideration; - l. Kirby is a Hamlet and an application in that area stands on a different footing than an application in the Township proper. 2. As a precedent, the Miller Application file No. 33-66, which permitted a severance of a commercial site and an adjoining residence was in point. 3. The storm drain running parallel to Highway No. 35 carried away excess surface water solving any drainage problem and preventing the flooding out of existing septic beds. It was also noted that each parcel of land had its own septic system which was functioning adequately. 4. The property was bounded by adequate roads and entries were adequate to Ontario Department of Highways and Township specifications. Page 3 Meeting of Committee of Adjustment, December 21, 1966: 5. While the area problem appears difficult, the Committee, on a careful consideration of the whole problem, was satisfied that the water supply problem and septic disposal problem was adequately dealt with and on the explanation being given that any purchaser would be given an adequate water supply, the Committee were satisfied. 6. The Committee wished to make it perfectly clear that this decision concerned a severance in a Hamlet where existing physical conditions would not be altered by the permission to sever. 7. On all these facts held, that permission to sever the combined store and residence as a separate unit be granted. The Secretary -Treasurer presented the following letters to the meetirg- 1. W.K. Lycett, Barrister & Solicitor, Orono Ontario dated October 28, 1966. 2. Mrs. Rose Youmans, 2532 Lakeshore Blvd., Apt. 48,• Toronto 14, Ontario, dated September 15, 1966. Consent on this application way so granted on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. Application File No. 42-66 W. Kay Lycett, Barrister & Solicitor, Agent, Orono, Ontario, William Alfred Reid and Grace Edith Emily Reid, Owners, R.R. North, Orono, Ontario, for part Lot 25, Con. 4I, Township of Clarke, SubmlSSl On No."6"yi-c6-3s Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1494 so as to permit the separation of a parcel of land approximately 731 x 138.571, being 10,115.61 square feet in area from the applicants' 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. Wm. A. Reid, one of the applicants accompanied by his agent W.K. Lycett B.A., appeared in support of the application. No other person appeared in support of, or in opposition to, this application. A survey in duplicate by M.D. Brown O.L.S., dated December 21, 1966 No. 66149 was pres(_nted to the Committee. The Committee then heard arguments from the agent, Mr. Lycett, Solicitor, and the owner Mr. Wm. A. Reid. The Committee then took the,following factors into consideration: - 1. Kirby is a Hamlet and an application in that area stands on a different footing than an application in the Township proper. 2. A storm drain running parallel to Highway No. 35 carried away excess surface water solving any drainage problem and preventing flooding out of the existing septic bed. It was also noted that each parcel of land had its own septic system and was functioning adequately. 3. The property was bounded by an adequate road and entry was adequate to Township specifications. 4. While the area problem appears different, the Committee, on careful consideration of the whole problem,was satisfied that the water supply problem and the septic disposal problem was adequately dealt with and on the explanation being given that any purchaser would be given an adequate water supply, the Committee were satisfied. 5. The Committee wished to make it perfectly clear that this decision covers a severance of a Hamlet where existing physical conditions would not be altered by the permission to sever. 6. On all these facts held, that permission to sever the subject land as a separate unit be granted. On motion b/y g nted.SchoemCarr, seconded by E.R. Lovekin, consent was granted. Carried. Meeting adjourned at 11:45 P.M. �fi i _ Secretary-Prea'surer