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HomeMy WebLinkAbout11/11/1966Page 2 - Meeting of Committee of Adjustment, October 24, 1966: Application File No. 19-66 Mr. John M. Stapleton, Owner, R. R. 1, Kendal, Ontario, for part Lot 152 Concession 6, Township of Clarke, Submission No. • 6 19- & 7 This application was discussed as business arising from past minutes. The Chairman of the Committee declared that the applicant was a client of his and therefore declared that since a possible conflict of interest might arise, disqualified him- self from sitting and left the matter to be decided by the other members who constituted a quorum. It was noted the lands were an inter family conveyance for mutual love and affection. The lot was a minimum size of one acre and a survey was now supplied. Thd case was dealt with under the policy decision of a one grant of a severance to a legitimate farmer granting a lot to a member of his family. This application for consent was therefore granted. Application File No. 22-66 H. M. O'Connell, Agent, Mr. Bruce Vey, Owner, Box 282, Newcastle, Ontario, for part Lot 24, Concession 1, Township of Clarke, Submission No. This application was discussed as business arising from past minutes. The Committee considered the particular facts of this case and on the overriding consideration that building permits had been granted and construction commenced prior to the passing of the By -Law it was decided unanimously that this case fell within the special ruling of the Committee concerning pre-existing cases. It was noted that the building was on the edge of the Village of Newcastle and no particular problem of top- ography or access existed. The character of the area was suitable to housing use. This application for consent was therefore granted. A letter under date of October 24, 1966, was received from the Clerk of this municipality together with attached certified copies of Resolutions No. 166 and No. 167 dated October 19, 1966 which were considered and filed. Meeting adjourned at 11 p.: Secretary -Treasurer MEETING of the COMMITTEE OF ADJUSTMENT for the TOWNSHIP OF CLARKE Friday, November 11, 1966, at $ p.m. Council Chamber, Orono. Present: E.R.Lovekin, Chairman H.E. Walkey, Member H.E.Millson, Secretary -Treasurer Minutes of meeting of the Committee held October 24, 1966, were approved as read on motion by H. E. Walkey, seconded by E. R. Lovekin. Carried. Page 2 Meeting of Committee of Adjustment.. November 11, 1966: Application File No. 33-66 W. Kay Lycett, Agent, Mr. & Mrs. Charles E. Miller, Owners, R.R. North, Orono, Ontario, for part Lot 24, Concession 6, Township of Clarke, Submission No.". 3? • 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 232' x 2641 being 61,776 sq. ft. in area from the applicants' 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. Charles E. Miller, the applicant, appeared in support of his application. Mr. Millertoldthe Committee that he wished to sell or separate his business from his residence in order to sell the business only. The Secretary -Treasurer presented a letter to the meeting which had been received from Mr. and Mrs. Harold Allen, abutting owners to the subject lands, who wished to advise this Committee that they were agreeable to this application for'separation. No other person appeared in support of, or in opposition to, this application. This application was considered that it was an application in an area that under planning would probably be designated Highway Commercial. The application in effect was for permission to sever the commercial premises, in this case a restaurant,.from an adjoining dwelling house. The Committee decided that the general principles to be followed in cases such as this should be to permit the severing of residences from commercial properties where the two are no longer used in conjunction with each other as an operating business entity. It was noted: (A) Each building had its own water supply and sewage arrangements. (B) The buildings were no longer used in conjunction with each other. (C) By severing the properties no new buildings would be added to the Township. (D) Property was located on a main highway with adequate entrances. The Committee could see no valid grounds for refusing this severance and the application was therefore granted. Application File No. 34-66 Mrs. Lorraine V. Striver, Owner, 22 King Street, West, Boamanville, Ontario, for part Lot 1$, Concession 1, Township of Clarke, Submission No."R" ?,1 -E6 -3e 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 1001 x 1151 being 15,000 sq. ft. in area from the applicant's land. The Secretary reported that 12 notices of the said hearing had been mailed in accordance with Item 4 of the Rules of Procedure. Mrs-. Lorraine V. Striver, the applicant, accompanied by her husband, appeared in support of her application. Mr. Otto Fischer, an abutting owner, also appeared in conjunction with this application. No other person appeared in support of, or in opposition to, this application. Mrs. Striver presented a declaration which she said had been sworn by her before her lawyer, C. D. Fitzgibbon, to say as follows: 1. 1. That on or about the 6th day of May, 1963, I agreed to sell a parcel of property in Lot 1$0 Concession One, Township of Clarke to one Elizabeth Ann Rupert. The parcel to be sold is shown outlined in red on the Plan of Survey attached to the Deed submitted with this Application. V 1� Page 3 - Meeting of Committee of Adjustment, November 11, 1966: 2. Mrs. Rupert paid me the sum of $500.00 representing the purchase price of the Lot over a period of seven months and made her final payment in the month of November, 1963. In February of 1964 I instructed my solicitor to prepare a deed of the property and the Deed was prepared and signed by me but was never registered. Mr. Fischer pointed out an initial title problem at the time he purchased from Mrs. Striver and objected to the establishment of another lot due to drainage complications. The Committee were of the opinion that the drainage problem was of \ such magnitude that the 100 Foot frontage contained in the Subject land would not alter it. Also,- the Committee made it clear to Mrs. Striver that she would not be permitted to subdivide the remainder of her lands being a 300 foot frontage. The Committee decided to view the subject land, particularly the survey stakes setting out its boundaries, before taking further consideration on this application. The Committee instructed the Secretary -Treasurer to forward a copy of their decision on this application to Mr. Fischer. Consent was granted on the grounds that this transaction was in fact completed and money paid previous to the by-law coming into force. Apparently, the Deed was not registered due to inadvertance. Application File No. 35-66 Mrs. Sadie A. Hamilton, Owner, R. R. 2, Orono, Ontario, for part Lot 31, Concession 7, Township of Clarke, Submission No. ",B" 31 -&c-3i Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 194, so as to permit the separation of a parcel of land approximately 97.921 x 2801 being 28,000 square feet in area from the applicantts land. The Secretary reported that 12 notices of the said hearing had been mailed in accordance with Item 4 of the Rules of Procedure. Mrs. Sadie A. Hamilton appeared in support of her application. 'Mr. Kurt Kern, an abutting owner, also appeared. Mr. Marcel DeBlock, the prospective purchaser of the subject land was also present. Messrs. Kern and DeBlock told the meeting that they had no objection to the application but were present to support the application for separation. No other person appeared in support of, or in opposition to, this application. After a full discussion of the application, the Committee were of the opinion that the subject land was already severed by reason of the existing municipal road allowance from other lands owned by the applicant. The Committee therefore granted severance. Application File No. 36-66 W. Kay Lycett, B.A., Agent, Mr. and Mrs. Wm.P. Irwin, Owners, R. R. 1, Orono, Onta3io, for part Lot 29, Con. 4. Township of Clarke, Submission No. •"e"36.66 -3y Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1306 so as to permit the separation cP a parcel of land approximately 1001 x 2961 10" being 292600 square feet in area from the applicants) land. The Secretary reported that 18 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. and Mrs. Wm. P. Irwin, the applicants , appeared in support of this application. No other person appeared in support of, or in opposition to, this application. Mr. Irwin discussed the details of the application with the Committee at which time he mentioned that this application is similar to the previous one consented to. Page 4 - Meeting of Committee of Adjustment, November 11, 1966: The Committee gave consideration to this application on the basis of the materials submitted by the agent under Application File -No. 4-65. This material having been studied by the Committee and it being noted that the following undertakings were given by Mr. Lycett under Application No. 4-65 which were similar to the conditions of this application: A. U%dertaking regarding right-of-way as set out in para- graph 4 of his letter dated August 3, 1965. B. The submission of a report on soil porosity by the Medical Officer of Health at Cobourg. l C. A master plan of the area prepared by Donevan & J Fleischmann, O.L.S., as Job No. 10530 was submitted to the Committee. Upon discussion of the materials submitted it was the decision of the Committee that this severance be granted. It was so moved by H. E. Walkey, seconded by E. R. Lovekin. Carried. Application File No. 37-66 W. Kay Lycett, B.A., Agent, Mr. and Mrs. Wm.P. Irwin, Owners, R. R. 1, Orono, Ontaxio, for part Lot 29, Con. 4, Township of Clarke, Submission No."8" 37-66-33 Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law No, 1306 so .as to permit the separation of a parcel of land approximately 1281 x 1181 being 15,104 square feet in area from the applicants' land. The Secretary reported that 18 notices of the said hearing had been mailed in accordance with Item 4 of the Rules of Procedure. Mr. and Mrs. Wm. P. Irwin, the applicants, appeared in support of this application. No other person appeared in support of, or in opposition to, this application. Mr. Irwin discussed the details of the application with the Committee at which time he mentioned that this application is similar to the previous one consented to. The Committee gave consideration to this application on the basis of the materials submitted by the agent under Application File No. 4-65. This material having been studied by the Committee and it being noted that the following undertakings were given by Mr. Lycett under Application No. 4-65 which were similar to the conditions of this application: A. Undertaking regarding right-of-way as set out in para- graph 4 of his letter dated August 3, 1965. B. The submission of a report on soil porosity by the Medical Officer of Health at Cobourg. C. A master plan of the area prepared by Donevan £> Fleischmann, O.L.S., as Job No. 10530 was submitted to the Committee. Upon discussion of the materials submitted it was the decision of the Committee that this severance be granted. It was so moved by H. E. Walkey, seconded by E. R. Lovekin. Carried. It was the opinion of the Committee that an indication should be given to Mr. Irwin concerning the severance of future lots in this subdivision at such time.after consideration can be given to this matter by all members of this Committee. Application File No._38-66 W. Kay Lycett, B.A., Agent, Mr. Jack Thomas Story, Owner, 171 Sinclair Ave., Oshawa, Ont., for part Lot 34, Con. 72 Township of Clarke; Submission No.'- 43" 3F 6L- 3y Application was made for exemption or partial exemption from l provisions of Subdivision Control By -Law No. 1494 so as to permit J the separation of a parcel of land approximately 58.33' x 435.62' being 0.57 acres in area from the applicants land. The Secretary reported that 16 notices of the said hearing had been mailed in.accordance with Item 4 of the Rules of Procedure. Page 5 - Meeting of Committee of Adjustment, November 11, 1966: Mr. Jack T. Story, the applicant, appeared in support of his application. Mr. Pat Yeo, on behalf of Mrs. Margaret Hannah Sparks, an abutting owner, appeared and spoke in favour of this application. No other person appeared in support of, or in opposition to, this application. The material submitted by W. Kay Lycett, agent on behalf of the owner, having been studied by the Committee and it being noted that the following information was given by Mr. Lycett in support of the application: 1. The application for consent is(related to Application File,No. 39-66 whereby request for consent has to do with the exchange of 2 parcels of land between Mr. Story and Mrs. Sparks, which exchange will have the effect of moving a farm lane, presently owned by Mr. Story,to the east by 200 feet and of replacing.a building lot 28 feet to the west. 2. It was pointed out -that this application in no way creates any new parcel of -land but merely varies its situation. The Committee were given to understand that an agreement to gain entrance to a farm abutting the subject land had been drawn prior to the registration of the Subdivision By -Law at which time the property in this immediate area had been divided among the members of a family. It was pointed out that the proposed location of the new entrance or farm lane was more suitable than the existing one with a steep grade. Upon hearing the presentation and upon perusal of the material filed the Committee were of the opinion that consent should be granted. It was so moved by H. E. Walkey, seconded by E. R. Lovekin. Carried. Application File No. 39-66 W. Kay Lycett, B. A.; agent, Mrs. Margaret Hannah Sparks, 672 Simcoe Street, N., Apt.6, Oshawa, Ontario, for part Lot 34, Concession 7, Township of Clarke, Submission �No. `B ` _47-6c-3s- Application 4q.66.33- 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 58.33 x 435.62 being 0.57 acres in area from the�applicantfs land. The Secretary reported that 16 notices of the said hearing had been mailed in accordance with Item 4 of the Rules of Procedure. Mr. Pat Yeo, on behalf of Mrs. Margaret Hannah Sparks, appeared in support of this application. Mr. Jack T. Story, an abutting owner, also appeared in support of the application. No other person appeared in support of, or in opposition to, this application. The material submitted by W. Kay Lycett, agent on behalf of the owner, having been studied by the Committee and it being noted that the following information was given by Mr. Lycett in support of the application: 1. The application for consent is related to Application File No. 35-66 whereby request for consent has to do with the exchange of 2 parcels of land between Mr. Story and Mrs.'Sparks, which exchange will have the effect of maing a farm lane, presently owned by Mr. Story, 200 feet from the west unto the lands owned by Mrs. Sparks. 2. It was pointed out that this application in no way creates any new parcel of land but merely varies its situation. The Committee were given to understand that an agreement to gain {entrance to a farm on the subject land had been drawn prior toj.the registration of the Subdivision By -Law at which time the property in this immediate area had been divided among the members of a family. It was pointed out that the proposed location of the new entrance or farm lane was more suitable than the existing one with a steep grade. Upon hearing the presentation and upon perusal of the material filedthe Committee were of the opinion that consent should be granted. It was so moved by H.E.Walkey, seconded by E.R.Lovekin. Carried. Meeting adjourned at 12:30 a.m. Secretary -Treasurer Chairman