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HomeMy WebLinkAbout04/11/1966page 3- t1eeting of Cormn�ttee of Adjustment, January 17, 1966: It was pointed out that Lir. Teertstra had legally contrac- ted to convert (letter of L.C.1.:ason dated Nov. 17/65 pef.) the property before the passing of the by-law but, unfortunately, due to an oversight the deed had not been registered. The subject land haat been for sale for approximately 9 months be�'ore the passing of the by-law. Upon hearing the presentation of 11r. Teertstra, the aprli- cant, and upon perusal of the material filed, the Committee were of the unanimous opinion that consent should be granted. It was so moved by,t.E.aalkey, seconded by K. Schoenmaker. - Carried. The Secretary -Treasurer was authorized to service the said application under Subsection (2a)(10) and (11) of Section 326 of The PlanninL^ Act and amendments thereto. Application File i-0.'12-66 Mr. & LIrs. H. E. ISillscn, Owner, Orono, Ontario, for part Lots 12-13, Blocl E in the Police Villae of Orono in Lot 231 Con.,S, of the Tozmship of Clarke Submission Ivo. "B'? 12-66-7 Application was made for exemption or partial ezee•,pti_on from provisions of Sub -Division Control B-- Lavv 20. 130 , so as to permit the separation of a parcel of land beim approxi- mately 53.52? x 104?; 15,QCO square feet, from the applicurr'ts? land. ` The Secretary reported that 29 notices of tide said hearing had been nailed in accordance with item 4 of the Rules of Procedure. 1r. H. H. 3illson appeared in support of t'iis application and explr_ined the separation as presented in the survey. Iio other icerson'appeared. in sirojort of, or in opposition to this aimlication. Upon hearing; the presentation of lr. 1.illson, the appli- cant, and upon perusal of the material filed, the ,Committee here of the unanimous orinion that consent should be granted. It was moved b•> K. 'Schoenmaker,, seconded bi, 1=. E.alkey. - Carried. The Secretar.;r-Treasurer was authorized to service the said application under Subsection (2a)(10) anal (11) of Section 326 'of -,, `1a, ling Act and amendments thareto. It v:,as moved by K. Schoer_maker, seconded E. 'v'alkey, that the Secretary -Treasurer request the Ccunc'_ ;rovide an ar.�2aropriation for this Co=iittee in the the Year 1966. - Carried. � Leetins adjourned at 12:10 a.m. oecretary-Treasurer - - - — MEETING of the COT1MITTEE OF ADJUSTMENT of the TOWNSHIP OF CLARKE Monday, April 11, 1966 at 8 p.m. Council Chamber, Orono. Present: E.R.Lovekin, Chairman H.E.Walkey, Member K. Schoenmaker, Member H.E.Millson, Secretary -Treasurer. The minutes of meeting, dated January 17, 1966, were approved as read, on motion by H.E.Walkey, seconded by K. Schoen - maker. - Carried. .Application No. 5-65 was again tabled for further`considera- tion at a future meeting of this committee when a plan of survey by an O.L.S. has been submitted. It was moved by H.E.Walkey, seconded by K. Schoenmaker, that Solicitor W.Kay Lycett be requested to submit further details in respect to said Applica- tion No. 5-65, or otherwise the said application will be filed Page 2 - Meeting of Committee of Adjustment, April 11, 1966: at the next meeting of this committee. - Carried. As business brought forward from the previous meeting, under Application NQ. 10-66, Mr. Ronald Shoobridge appeared before the committee in support of this application. Materials previously requested by the committee, being a copy of the D.H.O. Building Permit.to ascertain the approved set -back of the proposed resi- dential building were on hand for consideration of the subject land. No other person appeared with regard to this application at this time. On request.by Mr. Shoobridge it was moved by H. E. Walkey, seconded by K. Schoenmaker, that the applicant be permitted to withdraw his application without prejudice to his right -to reapply at any subsequent date. - Carried. .Application File No. 13-66 Mr. Charles Glenney, Owner, 40 Bond Street, Lindsay, Ontario, for Part Lot 30, Concession 3, Township of Clarke. Submission No. '6" 13-46 -� 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, being approxi- mately 1881 x 1461, being 26,42-0 sq. ft., from the applicant's land. The Secretary reported that eleven notices of the said hearing had been mailed in accordance with Item 4.of The Rules of Procedure. Mrs. Michael Drane appeared in support of this application and explained the separation as presented on the survey. The subject property, stated.Mrs. Drane, was intended for agricul- tural purposes. Ms. Charles Glenney also appeared in support of this application. No other,person appeared in support of, or in opposition to this application. The,Chairman pointed out that a, new severance was.not being created but rather that an existing small holding was.being enlarged which would tend to mitigate, rather than aggravate, any water or sewage problem. It was also noted that the question of drainage had been provided for by a drainage run as illu- strated on the survey submitted. Mr. Walkey raised two points; (a) whether or not the lands to the rear of the subject property were being landlocked; (b) the form of the registration of the deed. Mr. Glenney, the vendor, made it quite clear there was no landlocked problem.' Mrs. Drane, in the absence of her husband, indicated to the committee that title to the subject land would be taken in the names of herself and husband. The application was granted unanimously with the sole restriction that the deed be registered in the names of the hus- band and wife. Application.File No. 14-66 W. Kay Lycett, Agent Mr. Harold C. Ransberry, Owner, R.R.2, Orono, Ontario, for Part Lot 24, Concession 8, Township of Clarke. .Submission No. ."y" 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, being approximately 2431 x 751, being .444 acres, from the applicant's land. The Secretary reported that thirteen notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. H. C. Ransberry appeared in support of this application. Mr. R. J. Winfield, the vendee, also appeared in support of the application and explained the proposed separation to allow for the enlargement of the existing commercial property to provide suitable lands for weeping tile, parking vehicles, drive -around and car washing facilities. Mr.. Lycett said the title of the subject property is to be registered in the same names as the existing title of the lands now owned by Mr. Win- field. No other person appeared in support of, or in opposition to this application. Page 3 - Committee of Adjustment, April 11, 1966: The Secretary reported that Mrs. Edith 1"offatt, an abutting property owner, had personally contacted him at which time no objection was received by the Secretary. It was further noted on the Plan of -Survey that the proposed back lot line lines up with the property owned by Imperial Oil Limited. The committee also noted the porosity test by M.D.Brown, O.L.S. Mr. Ransberry was to retain 92 plus acres after severance of the subject land. It was moved by K. Schoenmaker, seconded by.H.E.Walkey, that the materials being in order, this request for separa- tion of the subject lands be and is hereby granted. - Carried. Application File No. 15-66 Strike & Strike, Agent Mr. & Mrs. Kasper Hollen, Owners, Newtonville, Ontario, for Part Lot 3, Concession 1, Township of Clarke, Submission No. "!3" C- Z,5- Application •sApplication was made for exemption, or partial exemption from provisions of Subdivision Control By -Law No. 1494 so as to permit four severances on a parcel of land being approxi- mately 540.121 x 2501,.beimg 2.55 acres, from the applicants? land. The Secretary reported that eleven notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. E. Wildman, representing Strike & Strike., spoke on behalf of Mr. Hollen and explained that the purposes of severance were to construct four residential buildings for resale as shown on the Plan of Survey by M„D.Brown, O.L.S. In reply to a question by the Chairman, Mr. Wildman stated that the nature of the right-of-way was that Mr. Hollen is -the owner of the said right-of-way. Mr. Walter Horodyski, an abutting property owner, also appeared. Mr. Horodyski did not oppose the application. Mr. Kasper Hollen, owner, also appeared in support of this appli- cation. No other person appeared in support of, or in oppo- sition to this application. After some discussion, Mr. Tildman stated, providing the matter at hand is given further consideration, he would be prepared to give a statutory declaration that the deeds for the subject lands were prepared on November 1, 1965, and the surveys and descriptions were completed on the 8th and�9th of November, 1965. Upon the verbal approval of ➢fir. Wildman, the committee instructed the Secretary -Treasurer to apply the rebate of $15.00, under application 16-66, to this application in order to bring the required fee to a total of $40.00. The committee decided to set the said application over for the following considerations: (a) Status of the deed under The Registry Act. (b) Viewing of the subject.lands by the committee. (c) For further consideration at a future meeting of this committee. Application File No..16-66: Mr. E. Wildman for Strike & Strike, Agent Mr. James Cecil Malley, Owner R.R.1, Orono, Ontario, for Part Lot 31, Concession 3, Township of Clarke. Submission No."d" iE-E6-il 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 being approxi- mately 6401 x 4001, being 6.96 acres, from the applicant's land. The Secretary reported that thirteen notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Page 4 - Committee of Adjustment, April 11, 1966; Mr. J. Cecil Malley appeared in support of this application and explained the reasons for separation shown in the Plan of Survey by Dorievan & Fleischmann, O.L.S. Mr. Robert Kent, an abutting property owner, also appeared. Mr. Kent did not oppose the application. Mr. E. Wildman appeared on behalf of Mr. Malley. No other person appeared in support of, or in opposition to this application. The Secretary -Treasurer was instructed to rebate $15.00 of / the $25.00 fee as Mr. Wildman indicated the subject lands were private property and not commercial. The committee were unanimously agreed to view the subject lands and to consider the said application again on Monday April 18, 1966, at 8 p.m., in the Council Chamber at Orono. Application File No. 17-66 W. Kay Lycett, Agent Mr. Edward H. Webb, Owner, 185 King Street, Peterborough, Ontario, for Part Lot 24, Concession 9, Township of Clarke. Submission No. "g" i7 -C- Z6 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 being approximately 2001 x 1501, being 30,000 square feet, from the applica:.tis land. The Secretary reported that fourteen notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. IV. Kay Lycett, Agent, appeared and suggested that his letter, dated 22nd February, 1966 in respect.to the subject property, be read out. Mr. Lycett was appearing on behalf of the owner, Mr. E. H. Webb. No survey was submitted with the application. Mr. Vance Allen, the proposed purchaser, also appeared and showed three pictures of the subject land, including an old building which would be taken down if this committee were to consent to this application. No other person appeared in support of, or in opposition to this application. It was noted that the vendor has approximately 50 acres. The committee were undecided as to whether they should grant a minimum area of 15,000 or 30,000 square feet where there are no services such as water or sewage or, for that matter, to set the policy for a severance. This application was tabled for further consideration at a meeting of this committee to be held on 18th April, 1966, at 8 p.m., in the Council Chamber at Orono. Application File No. 18-66 W. Kay Lycett, Agent Mr. Robert Allison Cowan, Owner 58 Rollscourt Drive, Willowdale, Ontario, for part Lot 31, Concession 5, Township of Clarke, Submission No. "2" /8-46 ->c 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, being approxi- mately loot x 1501, being 15,000 square feet, from the appli- cant's land. Land separated to be added to adjacent holding. The Secretary reported that fourteen notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. ,Mr. W. Kay Lycett, Agent, appeared on behalf of the appli- cant, Mr. Robert Allison Cowan. His letter, dated March 26, 1966 was read out. Mr. & Ifirs. James Hudson, the proposed vendees, appeared in support of this application. Mr. & Mrs. Ben Dickin- son and Mrs. Kay Custer, property owners within 200► of the subject land, also appeared. No objection was raised by those Page 5 - Committee of Adjustment, April`ll, 1966:' present in respect to this application. No other person appeared in support of, or in opposition to this application. Upon hearing the presentation and upon perusal of the materials filed, the committee were of the unanimous opinion that consent should be granted. H.E.Walkey moved, seconded by K. Schoenmaker, that this consent be granted. - Carried. Meeting adjourned at 1.20 a.m. Secretary -Treasurer. irm MEETING of -the C019TIT-TEE OF ADJUSTMENT for the TOWNSHIP OF CLARKE Monday, April 18, 1966 at 8 p.m. Council Chamber, Orono. Present: E. R..Lovekin, Chairman, H. E. Walkey, Member K. Schoenmaker, Member H. E. Millson, Secretary -Treasurer. The minutes of the last meeting were approved as read on motion by H.E.Walkey, seconded by K.Schoenmaker. - Carried. Application File No. 5-65 W. Kay Lycett, Agent Oliver W..Knapp and Nellie Marion Knapp, Owners, R.R.2, Orono, Ontario, for Part Lot 28, Concession 5, in the Police Village of Orono, Submission No. -,9-f.57- t- .5-_ :ZI As business arising from the.minutes of the last meeting, a letter was received from W. Kay Lycett, dated April 15, 1966, in submission of a plan of survey by M,D.Brown, O.L.S.. No one appeared in support of or in opposition to this appli- cation at this time. The committee were unanimously in favour of viewing the subject land for further consideration at a meeting of the said committee to be held on Monday, April 25th next, at 8 p.m. Applioation,File No. 15-66 Strike & Strike, Agent Mr. & Mrs. Kaspar Hollen, Owners, Newtonville, Ontario, for Part ,Lot 3,.Conoession 1, Township of Clarke. Submission No. "S" iS-Z&—z-s Mr. Wildman, of Messrs Strike & Strike, appeared on behalf of the applicants. The committee informed Mr. Wildman that they had inspec- ted the property on 14th April 1966 with Mr. Hollen. A discussion regarding Sections 75 and 76 of The Registry Act and their effect on the validity of the deeds drawn and executed before the,By-Law was passed but which, by reason of inadvertence, were not registered until one week after the B=.r-Law was registered, followed. The relevant registered duplicate deeds were examined by the committee. The committee decided that there was a marked possibility that the registered } deeds could be legally acted upon without any consent by the committee. To leave the matter in such a.state is, however,