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HomeMy WebLinkAbout12/18/1967Page 7 Meeting of Committee of Adjustment, November 27, 1967: (6) The area shown on the referenced plan is eminently suitable for houses and Dept. of Lands and Forests Civil Servants and others working in the area are living in close proximity to their work by utilizing this area for household lots. The Committee were of the opinion that severance should be granted, considering these particular facts. One other severance is likely with no further severances following that. J Application granted on motion by K. Schoenmaker, seconded by J E.R. Lovekin. Carried. CLASSIFICATION "J" Meeting adjourned at 12:00 p.m. Secretary-Treas rer MEETING of the COMMITTEE OF ADJUSTMENT for the TOWNSHIP OF CLARKE Monday, December 18, 1967, at 8:.00 P.M. Council Chamber,Orono. Present: E.R. Lovekin, Chairman, K. Schoenmaker, Member, Mrs. Ellen M. Yeo, Secretary -Treasurer. Minutes of meeting of November 27, 1967 were approved as read, on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. The Secretary -Treasurer presented a letter dated November 29, 19677 received from the Department of Municipal Affairs approving the revised Rules of Procedure of the Committee of .Adjustment to increase the fee for applications to $25.00. Application File No. 86-67 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Fred Berry, Owner R.R. #1, e Ida, Ontario, for part of Lot 33, Con. VII, Township of Clarke, Submission No. "B"86-67-78 As business arising from minutes of the past meetings, this application was presented for further consideration. W. Kay Lycett B.A., Barrister & Solicitor at Orono, Ontario, agent for the applicant 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 material to the Committee: (1) Correspondence from W. Kay Lycett B.A., Barrister 1 & Solicitor, Orono, Ontario, dated December 8, 1967. J The Committee duly noted the contents. (2) A Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario,.dated December 5,1967, #67112. Page 2 Meeting of Committee of Adjustment, December 18, 1967: The Committee noted the following facts: (1) The detail shown'on the said Plan of Survey. (2) Mr. Howard Mood, R.R. #2, North Orono,Ontario, who appeared in opposition to this application at the initial hearing did not appear at this meeting to submit any further objections. The Secretary reported that two letters had been mailed to Mr. Mood, dated November 28 and December 1, 1967, informing him of the meeting to be held on December 18, 1967 and also giving him an excerpt of that part of the minutes of the meeting held on Monday, November 27, 1967. (3) The Committee, in review of the facts and upon perusal of the survey noted that there is a road allowance in existence abutting the prope:-ty to be severed, although currently, access is by way of a forced road protected by way of covenants in deeds to abutting lands. (4) 'Phe use of the lands is considered suitable for a sporting purpose by the Orono Fish and Hunt Club, an established club in the area. Other clubs are so established in the Township. (5) Mr. W. Kay Lycett B.A., on behalf of the applicant, agreed to submit an Affidavit stating that this severance was for recreational purposes only. Application granted on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. CLASSIFICATION "M" Application File No. 87-67 W. ICay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Annie May Cathcart, Owner, R.R. #1, Kendal, Ontario, for part of Lot 7, Con. VIII, Township of Clarke, Submission No. "B" 87-67-79 "As business arising from minutes of past meetings this application was presented for further consideration. W. Kay Lycett B.A., Barrister & Solicitor at Orono, agent for the applicant 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 -material to the Committee. (1) Correspondence from W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated December 5, 1967. The Committee duly noted the contents. (2) A Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmgnville, Ontario, -dated November 23, 1967 #67109. (3) An Affiaavit from Douglas Raymond Cathcart, son of Annie May Cathcart, verifyingthat his present intention and undertaking at this time is to assist his mother in her farm business. The Committee noted the following facts: Page 3 Meeting of Committee of Adjustment, December 18, 1967: (1) The detail shown on the said Plan of Survey. (2) The facts covered in the Affidavit. (3) The Committee, in review of all the facts, concluded thatcthe applicant had complied with the conditions imposed as evidenced in former minutes and that the pre-existing building had been moved onto the site before the passing 'of the By -Law. No new building would result from a granting of a severance and \ the matter -was properly viewed as remedial in nature. J Application granted on motion by K. Schoenmaker, seconded by E.R'.'Lovekin. Carried. CLASSIFICATION "E" Application File No. 88-67 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Frederick W. Winn, Owner, Kendal, Ontario, for part of Lot 5,Con.VIII, Township of Clarke, Submission As business arising from minutes of' the meeting of 'November' 27, 1967, this application was presented for further consideration. W. Kay Lycett B.A., Barrister & Solicitor, at Orono, agent for the• applicant, appeared in support of this application. No other person appeared in support of, or in opposition td this application. Mr. W. Kay Lycett stated that he was unable to submit a Plan of Survey at this time. The Committee adjourned the hearing of this application sine die, with the consent of the agent for the applicant, until a Plan of Survey becomes available for presentation to the Committee for their formal decision. - CLASSIFICATION "E" Application File No. 92-67 W. Kay Lycett B.A.,Agent, Barrister & Solicitor, Orono, Ontario, Andries Wagenaar, Owners, 'Trijntje Wagenaar R.R. #1, Orono, Ontario, for part of Lot 21, Con.III Township of Clarke. Submission -No. "B"92-67-84 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 300' x 400' being approximately 1202000 square feet in area from the applicants' land. The Secretary reported that 19 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Andries Wagenaar, accompanied by his agent, W. Kay Lycett B.A., Barrister & Solicitor at Orono, appeared in support of this \ Application. No other person appeared in support of, or in J opposition to this application. Page 4 Meeting of Committee of Adjustment, December 18, 1967: The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from -W. Kay Lycett B.A., Barrister & Solicitor,, Orono, Ontario, dated November 28, 1967. The Committee duly noted the contents. The Committee noted the following: (1) Mr. Andries, Wagenaar Sr., financed a large chicken house which has been operated by his son, John Wagenaar, who resides nearby. (2) Mr. Wagenaar was asked if he had obtained a building permit and he stated that he had applied at the Municipal Office and was informed that one was not required. (3) The application for the area of land to be separated is just large enough to accommodate the chicken house itself and to provide proper access to each side of the chicken house for cleaning out the building. (4) This is a family situation and it is the desire of the applicants to convey this subject parcel to their son, John Wagenaar, who is in fact the owner of the building which is situate upon the said parcel of land. The building was built upon the lands in the year 1963 and has been operated as a chicken house since that date by the son. 15) This is an agricultural use in an agricultural area and no new buildings will be constructed as a result of the severance, but the severance would clarify the question of title to multiple buildings. This application was adjourned with the consent of the applicant until a Plan of Survey becomes available for presentation to the Committee for their judgment. CLASSIFICATION "B" Application File No. 93-67 Henry J. Sissons, Agent, Markham, R.R. #1, Ontario, Estate of Charles Bruce Sissons, Owner, c/o Henry J. Sissons, R.R. #1, Markham, Ontario, for part of Lot 29,Con.IV, Township of Clarke, Submission No. "B"93-67-80 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 186' x 235' being approximately 1 acre in area from the applicant's land. The Secretary reported that 18 notices of the said hearing had been mailed in accordance with Item 4 of The Rules.of Procedure. CMr. Henry J. Sissons, R.R. #17 Markham, Ontario, one of the Executors of the estate of the late Charles Bruce Sissons, and Mr. Evan Quanfrill, Orono, Ontario, appeared in support of this application. Ivo other person appeared in support of, or in opposition to this application. Page 5 Meeting of Committee of Adjustment, December 18, 1967: The Secretary -Treasurer presented the following material to the meeting: (1) A Plan of Survey, prepared by R.J. Topham, Ontario Land Surveyor, dated November 1, 1967 and numbered E.C. 532. (2) A consent in writing signed by the executors of the Estate of Charles B. Sissons authorizing Henry J. Sissons to represent them at.the hearing. The Committee duly noted the contents. The Committee studied the Plan of Survey and noted that the area of the land to be severed was 186' x 2351, rather than an area of 35 acres as shown on the application. The application was corrected accordingly. Mr. Henry J. Sissons, as agent and representative of the estate of Charles Bruce Sissons, was invited to make his representations to the Committee and pointed out the following: (1) The property concerned was acquired by Professor C.B. Sissons of the University of Toronto who operated it as a general farm for some years until he died in residence on the property and the reason for the application is the liquidation of the estate of the said Professor C.B. Sissons. (2) Mr. Sissons stated that his mother wished to continue on in the home but finds it inconvenient and impossible at her age to maintain the large acreage in the property. (3) The estate have no definite offer to purchase the farm lands but wish to clear title to facilitate liquidation of this asset of the estate. The Committee noted the following: (1) On the Plan of Survey submitted, the frontage at the laneway of the house is restricted to 186' in order to leave sufficient frontage as an entrance to the land remaining. (2) Sufficient acreage exists to leave the house and 10 acres and sell off the remaining 24 acres. Such action would not require the consent of the Committee. Because of the topography of the land and frontage, a more logical division of the prope ty, if it were to be divided at all, would be to leave the house and a reasonably sized lot and to sell the remaining acreage of one parcel. (3) The applicant was well aware that any further development of the land would in all probability have to be by way of a registered plan of sub -division if it was not sold for strictly agricultural purposes. (4) The house is 'serviced by an existing entrance way and the barns and lands to be severed are serviced by an existing entrance way that has obviously been there for years. Bearing in mind that the application -was to settle an estate and also based on the particular and peculiar topography of the property concerned, this application was granted on motion by K. Schoenmaker and seconded by E.R. Lovekin. Carried. CLASSIFICATION "I" Page 6 Meeting of Committee of Adjustment, December 18, 1967: Application File No. 94-67 Keith G. Pedwell Esq. Agent, Messrs. Sullivan .& Pedwell, Barristers & Solicitors, P.O. Box 382, 3 King Street, St. Catharines, Ontario, Olive Marie Pedwell, Owner, R.R. #2, Newcastle, Ontario, for part of Lot 30, Con. II, Township of Clarke, Submission No. "B"94-67-81 Application was made for exemption or partial exemption from provisions of Subdivision Control 6y -Law No. 1494 so as to permit the separation of a parcel of land approximately 70' x-1501 being approximately 1,0,500 square feet in area from the applicant's land. The Secretary reported that 22 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr..Maurice H. Pedwell, R.R. #2 Newcastle, Ontario, accompanied by his agent Mr. Keith G. Pedwell, of Sullivan & Pedwell, Barristers & Solicitors, P.O. Box 382, 3 King Street, St. -Catharines, Ontario, 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 material to the meeting: (1) Correspondence from Mr. Keith G. Pedwell, Sullivan & Pedwell, Barristers & Solicitors, P.O. Box 382, 3 King Street, St. Catharines, Ontario, dated December 9, 1967. The Committee duly noted the contents. (2) A Photostat copy of an original Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated July 28, 1967, #67060. Mr. Keith G. Pedwell requested that the name of owner be shown on the application as Olive Marie Pedwell. The Committee granted his request as it could not see that any prejudice would result to conform with the name on the title, although notices had been duly sent in the name of Maurice Pedwell. 1. ` The Chairman, E.R. Lovekin asked Mr. Keith G. Pedwell to produce evidence that the' lot being only 70' x 150' in depth had met with the requirements of the County Health Unit. Mi. Keith t. Pedwell produced the following documents: (1) A Permit from the united Counties of Northumberland and Durham Health Unit, dated September 18, 1959 and signed by inspector W.W. Ford giving permission fbr the installation of a septic tank system. (2) A Building Permit granted to Mr. Maurice H. Pedwell, husband of the applicant Olive Marie Pedwell, showing the building contractor as Morley Allin, dated October 6, 1959 and signed by building inspector A.E. Morton. t _ (3) A Plumbing Inspection Form, dated, November 23, 1959, #5106 and signed by H.E. Millson, Clerk -Treasurer of the Township of Clarke. Page 7, Meeting of Committee of ,,djustment December 18, 1967 Mr. Maurice Pedwell, husband of the applicant, made the following submissions:. (1) The For a. period of -years, 1959 and prior, he built and S010 approximately 5 houses in this vicinity and the owner of these building lots was his wife, Olive Marie Pedwell. He was of the opinion that his wife held under separate deeds and the property was severed from his farm which abutts the property from the rear, but on consulting a solicitor he found that the passing of the by-law subsequent to the date of the construction of the houses prevented him from selling these houses without permission from the Committee of Adjustment. This particular house had been rented for a number of years and he now wishes to sell it as a separate entity. Committee noted the followings (1) This application was one to sever an existing building on an existing lot owned by Mr. Pedwell's wife, Olive Marie Pedwell, from farm lands owned jointly by a husband and wife which abutts the rear of the property to,be severed.. . . (2) The giving or withholding of a consent would, therefore, not affect in any material sense the existing condition as to the number of buildings in the area. (3) Mr. Keith Pedwell consented to the request for photostat copies of the 3 permits to complete the file. The Committee considered all the facts !as presented and were of the opinion that this was a pre -existing -condition with buildings constructed thereon and consent should be given in order that the matter of a separate title to a house and lot could be ' registered in a Registry, Office. c e , This application granted on motion by K. Schoenmaker and seconded by E.R. Lovekin. Carried. CLASSIFICATION "B" Application File No. 95-67 Keith G. Pedwell Esq., Agent, Messrs. Sullivan & Pedwell, Barristers & Solicitors, P.O. Box 382, 3 King Street; St. Catharines, Ontario. Maurice H. Pedwell, Owners, Olive Marie Pedwell, R.R. #2, Newcastle, Ontario, for part of Lot 30, Con. II, Township of Clarke, Submission No. Applicdtion 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 200' x 150' being approximately% 30,000 square feet in area from the applicant's land. The Secretary reported that 22 notices of the said hearing had been mailed in accordance with Item 4 of The `pules of Procedure. Page 8 Meeting of Committee of Adjustment December 18, 1967:, Mr. Maurice H. Pedwell, R.R. #2, Newcastle, Ontario, accompanied by.his agent, Mr..Keith G. Pedwell, of Sullivan & Pedwell, Barristers & Solicitors, P.O. Box 382, 3 King Street, St. Catharines, Ontario, 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 material to the meeting: (1) Correspondence from Mr.. Keith G. Pedwell, Sullivan & Pedwell, Barristers & Solicitors, P.O. Box 382, 3 King Street,,St. Catharines, Ontario, dated December 9, 1967. The Committee duly noted the contents, particularly, that the dimension originally given as 100' x 150' was an error and should have read 2001 x 1501. The application was corrected accordingly. (2) A photostat copy of an original Plan of Survey, prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated July 28, 1967 and numbered 67060. Mr. Keith G. Pedwell,'as agent for the applicant, produced the original Plan of Survey for comparison with the previous copies submitted with the application for the property, and the Committee were satisfied that these were true copies of the original Plan of Survey. Mr. Keith G. Pedwell stated that this application was for a severance of land to be sold to the Director of the Veterans Land Act and pointed out that in accordance with the Provisions of the Planning Act R.S.O. 1960, Chapter 296 and amendments thereto Ref. Sec. 26 (Sub.d) "the land or any use of or right therein is being _acquired or disposed of by Her Majesty in right of Canada or Her Majesty in right of Ontario or by any municipality, metropolitan municipality or county;" Mr. Keith G. Pedwell pointed out that it would appear that the Director of the Veterans Land Act representing Her Majesty in right of Canada would technically appear to be exempt from the Statute and that a deed to Her Majesty in right of Canada (or presumably her agent) would be properly registerable and that the Crown could receive andtgive good title to lands so conveyed. Mr. Maurice Pedwell, the applicant, stated that the lots stand on a 66' road allowance which comes out on the road allowance between Concessions 2 & 3 to the North and ran South with an entrance to Highway #115. He further stated that drainage in the area was good and the site, on the whole, was suitable for houses. The Committee noted that the purpose of the Veterans Land Act was,to establish Veterans on small holdings in rural areas. If all Municipalities were to strictly enforce the 10 acre sale, the aim of the Veterans Land Act would be completely frustrated. The application herein in this degree presents a conflict of law problem. f The Committee, under such conditions, resolved that special consideration should be given Veterans Land Act cases. Physically speaking, the land was suitable for housing. Page 9, Meeting of Committeetof Adjustment December 18, 1967. The Chairman disclosed his interest in this"and similar applications as he has represented the Director, Veterans Land Act in the -area from time to time and was aware of the facts Of this case. He further pointed out, however, that if he were to disqualify himself, the Committee of Adjustment would not have a quorum and Mr. Pedwell's application could not be dealt with and this would be unfair to Mr. Pedwell, and contrary to the provision that applications should be dealt with within 30 days. It was the further observation of the Committee that Mr. Maurice Pedwell should be informed that the granting of this application should be regarded as being on special grounds and would not be regarded as a precedent for similar further severances on the same land unless the sales fell within the cited section of The Planning Act. The Committee noted that Mr. Maurice Pedwell is a bona fide farmer in the area, although he had built and sold some houses on his farm prior to subdivision control being passed in Clarke Township. The Committee were of the opinion that this was a bona fide sale to an agent of the Crown in Right of Canada, namely, The Director, The Veterans Land Act. On these grounds, for the reasons stated herein, this application was granted on motion by K. Schoenmaker and seconded by E.R. Lovekin. Carried. CLASSIFICATION "C" Meeting adjourned at 11:00 p.m. Secretary-Trea urer MEETING of the COMMITTEE OF ADJUSTMENT for the TOWNSHIP OF CLARKE Monday, January 15, 1968, at 8:00 p.m. Council Chamber Present: E.R. Lovekin, Chairman, K. Schoenmaker, Member, Mrs. Ellen M. Yeo, Secretary -Treasurer, Minutes of meeting of December 182'1967 were approved as read,. on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. Application File No. 84-67 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Annie May Cathcart, Owner, R.R. #1,. Kendal, Ontario, for part of Lot 7, Con.VIII, Township of Clarke, Submission No. "B" 84-67-83 r As business arising from minutes of the past meetings, this application was presented for further consideration: No person appeared in support of, or in opposition to this application. The Secretary -Treasurer presented the following material to the meeting: