HomeMy WebLinkAbout07/07/1965INAUGURAL MEETING
of the
COTWITTEI_ OF ADJUSTY.FNT
of the
TOWNSHIP OF CLARKD
July 7th, 1965 n 8 r.m.
Council Chamber, Orono.
Present; E.R. Lovekin
H.E. Walkey
K. Schoenmaker
J.1.7. Stone
H.F. Millson
The meeting of the Committee was called to order.
Moved by H. E. Walkey, seconded by K. Schoenmaker that
E. R. Lovekin be and is hereby appointed Chairman of the
Committee. - Carried.
It was moved -by K. Schoenmaker, seconded by H. F. Walkey,
that H. E. Millson be and is hereby appointed Secretary -Trea-
surer of the Committee. - Carried.
On motion by H. F. Walkey, seconded by K. Schoenmaker, the
proposed Rules of Procedure,.together with Schedules "A" and "B",
be and are hereby adopted, subject to the approval of the
minister of Municipal lffairs. - Carried.
The Committee considered its position in regards to
jurisdiction and since the only matters.over which it now
possesses any jurisdiction for land severances are under Section
26 of The Planning Act, it was decided that s.s.15 of S.26
governed and consent could be given to land severances condi-
tional upon the Yinister+s approval of the Rules of Procedure
adopted this date.
Mr. Lycett, Barrister and Solicitor at Orono, brought
three applications before the Board. An explanatory letter
setting out the reasons for each of these applications was
presented by P,1r. Lycett and filed by the Committee. The
Committee then considered the purposes of an area of s,zb-
division control by-law as set out in the material sunp+lied
by the Department and considered the application in view of
these purposes.
The Committee considered generally the public interest
as to whether or not this was an orderly form of, development.
r!unicipal water will be available to the first two arnlications
only and the third application to be subdivided is in an area
which would be properly designated as highway commercial.. Yo
particular problem of entry exists in relation to, Provincial,
County or "Tunicipal roads.
In relation to access, adequate proper access was
available in each case and no property was landlocked by the
severances.
No projected road extension was affected in any case.
The shape of the individual severances was proper and adequate.
No interference resulted to any adjacent land use. All
available municipal services could be made available to each
severed lot at no increased cost or inconvenience. That
adequate open space was available on and around each severed
parcel_ No.projected subdivision would be inter£?red with.
No other interference or inconvenience under sound planning
practice could be detected.
For the purpose of discussion, the above factors were consi-
dered in the case of each severance. The Committee then pro-
ceeded to deal with each application.separately.
Application Number 1
Clarence Allin to Ernest.Dent, et. ux., being 'oart of
Lot 28, Concession 5, Police Village of Orono, Township of
Clarke, County of Durham, an irregular shaped,parcel coni,aining
26,392 square feet in area.
2 - Inaugural Meeting of Committee of Adjustment, continued:
The Committee noted that the Clarke Planning Board had
previously executed a consent dated 29th June 1965• P?r.
Lycett presented to the Committee a sketch plan and answered
specific questions based on the factors set out above. The
purchaser, Mr. Dent, et. ux., owned the land to the east and
the severed portion would be added to his property. The
application was approved unanimously by the Committee. The
form of consent was agreed upon as follows, there being no
form of consent available:
"The Corporation of the Township of Clarke
Consent is hereby given to the annexed.
conveyance dated the ...... day of.........
19.19.....between.... ....... .
....betw ......as grantor(s).and..........
as grantees) in pursuance of Section 26 of
The Planning Act.
Committee of Adjustments
of the Township of Clarke
Signature of member of Committee)
Signature of member of Committee)
Signature of member of Committee)"
It was pointed out to !Tr. Lycett that the consent was
given conditional to the approval of the Committee's Rules of
Procedure s.s.15 of Section 26 of The Planning Act appearing to
authorize such procedure.
Application Number 2
John Mitchell McRae to William Charles Dennis, et. ux.,
being part of Lot 28, Concession 5, Police Village of Orono,
Township of Clarke, County of Durham, approximately 198 feet
by 132 feet. Parcel being sold to Dennis is 12,804 square feet.
Parcel retained by McRae is 13,332 square feet. Mr. Lycett
presented a sketch plan showing the properties to be conveyed
end to be retained and answered the questions of the Committee.
It was noted that the Clarke Planning Board had consented to
this deed on 5th July 1965, the :natter having been before them for
some time. The application was approved unanimously and the form
of consent to be endorsed on the deed was to be similar to that agreed
upon under .Application Number 1 herein.
Application Number 3
Otto Renelt, et. ux., to Josef Koenigsberger, et. ux.,
being part Pot 28, Concession 5, Township of Clarke', County
of Durham.
RVr. Lycett explained to the Committee the necessity for
the application, which, briefly, was that the Clarke Planning
Board consent had been obtained for part of the lands to be
conveyed to the purchaser. Koenigsberger, and not to part of
the lands to be conveyed during the time the by-law had been
in force without consent. The purchaser's solicitor had
requisitioned requiring prover consent. The severance is
located in an area which would probably be zoned highway
commercial. Proper and adequate entrances to Highway 115/35
are in existence. All necessary municipal services available are
installed and functioning. The severed lands are in excess of
15,000 square feet and the lands from which it was severed is
in excess of 15,000 square feet. After discussion the Com-
mittee voted unanimously for consent. Deed was to be endorsed as
in applications 1 and 2 above.
The Secretary -Treasurer was instructed to mail prepared
minutes to each member of the Committee.
Yeeting adjourned at 11.15 p.m.
Secretary -Treasurer