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HomeMy WebLinkAbout03/04/1967Page 2 Meeting of Committee of Adjustment, February 23, 1967: Mr. H.E. Millson, Clerk of the Township of Clarke was asked to attend the meeting by the Committee in order to clarify questions concerning road allowances, frontages and problems associated with Township Administration. It was moved by K. Schoenmaker and seconded by E.R. Lovekin, in accordance with the Provisions of the Planning Act R.S.O. 1960, Chapter 296 and amendments thereto Ref. Sec. 32(a) (Sub. 9) that the Secretary -Treasurer correspond with the Council of the Township of Clarke requisitioning an appropriation in the amount of $2,325.00 to budget for anticipated expenses for the year 1867 for employees and consultants. carried. It was moved by K. Schoenmaker and seconded by E.R. Lovekin that two subscriptions be sent to The Municipal World for 1967 in the amount of 110.00. carried. Meeting adjourned at 11:00 p.m. Secretary -ire surer C s r an MEETING of the COMMITTEE OF ADJUSTMENT for the TOWNSHIP OF CLARKE Saturday, March 4, 1967, at 10 a.m. Council Chamber, Orono. Present E.R. Lovekin, Chairman K. Schoenmaker, Member Mrs. Ellen M. Yeo, Secretary -Treasurer H.E. Millson, Clerk A.A. Low, Secretary, Clarke Planning Board Minutes of meeting of the Committee held December 21, 1966 were approved as read on motion by K. Schoenmaker, seconded by E.R. Lovekin, carried. A letter under date of February 27, 1967, was received from the Clerk of this municipality together with attached certified copy of Resolution No. 56 dated February 22, 1967 which was considered and filed. It was moved by Mr. Schoenmaker and seconded by Mr. Lovekin that the Rules of Procedure be revised to change the fee for residential applications from $10.00 to $15.00, subject to the approval of the Minister of Municipal Affairs. carried. Application File No. 43-66 W. Kay Lycett B.A., Agent, Barrister and Solicitor, Orono, Ontario, Durham Central Agricultural Society, Owner c/o Mrs. Charlotte Rickard, Secretary, Newcastle, Ontario, for part of Lot 28, Con. V, in the Police Village of Orono, of the Township of Clarke, - Submission No. " 3 ' u3- 66- 6Z 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 501 x 501 being approximately.057 acres from the applicant*s land. The Secretary reported that 31 notices of the said hearing had been -mailed in accordance with Item 4 of The Rules of Procedure. Page 2 Meeting of Committee of Adjustment, March 4, 1967 Mr. W. Kay Lycett, Barrister and Solicitor at Orono, appeared in support of the application. Mr. R.H. Hollingsworth and Mr. Roy Mercer, owners within 2001 of the lands owned by the applicant, also appeared to enquire as to the purpose of the application and the intended use of the subject land. Mr. Lycett`explained this was being purchased to erect a sub -station and pipe line whereby the gas pressure is controlled by The Consumers' Gas Company. The closest house is to the West which is owned by Mr. and Mrs. D. Found. The installation is in and functioning, but there are no buildings. There has been no objection from the Trustees of the Police Village of Orono. The Chairman explained the functioning of sub -division control. Messrs. Hollingsworth and Mercer verbally replied that the explanations given were satisfactory and they had no objection to the severance being granted. No other person appeared in support of, or iii opposition to, this application. The Secretary -Treasurer presented the following letters to the meeting: (1) W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated August 4, 1966 (2) W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated August 18, 1966. The following facts were noted by the Committee in "consideration of this application: (1) Municipal water supply is available. (2) It is in a built up area, namely the Police Village of Orono. (3) The Applicant is a non-profit community development entity and is selling to a utility admittedly privately owned but a corporation giving service (4) (5) Upon decision moved by to the general public. No objections were made by abutting owners. No dwelling or structure was to be erected on the severance. discussion of the materials being submitted, it was the of the Committee that this severance be granted. It was so K. Schoenmaker,' seconded by E.R. Lovekin. Carried. Application File No. 44-66 W. gay Lycett B.,A. Barrister & Solicitor, Orono, Ontario. Wm. H. Forbes and Arlene, Margaret Forbes Orono, Ontario, for parts of Lots 6 & in the Police Village Township of Clarke, Submi ss ion No. ° ftl:, y v Agen t, Owners, 7, Block uBn of Orono, 6 C • 4,•' 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 731 x 166.301 being approximately 129270 square feet in area from the applicants' land. The Secretary reported that 21 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr, and Mrs. Forbes, accompanied by their agent, W. Kay Lycett B.A., Barrister and Solicitor at Orono, 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 owners, having been studied by the Committee and it being noted that the following information was given by Mr. Lycett in support of the application: Mr. and Mrs. Forbes own Lot 6 in the front range of Main Street in Orono, and also own an irregular shaped portion composed of parts of lots 6 & 7 to the rear, fronting on Church Street. Mr. and Mrs. Forbes are requesting the consent of the Committee of Adjustment in order to sell the south east portion to Mr. and Mrs. W.J.L. Bowins, as per the survey by M.D. Brown O.L.S. dated June 16, 1966, and numbered 66081. Page 3 Meeting of Committee of 'Adjustment, March 4, 1967: Mr. and Mrs. Bowins already own the portion adjacent to the north east portion fronting on Church Street. Mr. Lycett pointed out that the right-of-way, now owned by Mr. and Mrs. Bowins, was originally owned by the Canadian Northern Ontario Railway. The acquisition of the subject land would restore the original plan and make the shape of the land to be conveyed a more regular shape rather than an irregular shape. The surveyor has divided the subject lands and the lands presently owned by Mr. and Mrs. Bowins into 3 lots on the assumption that Princess St. will be closed. If the street is not closed the survey will be amended and the subject land and the lands owned by Mr. and Mrs. Bowins would be divided into 2 lots. The Committee noted that municipal water is available, and sewage is not available. The lot is approximately in centre part of Orono and fronts on the west side of Church Street. The Committee requested Mr. Lycett to make it clear to the proposed purchasers that they are buying adjacent lands which merge with lands that they now hold. Therefore, the Committee noted that the severed land would be added to the abutting lands presently owned by Mr. and Mrs. Bowins. The Secretary -Treasurer presented the following letters to the meeting: (1) W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated June 30, 1966; (2) W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated October 26, 1966; Upon hearing the presentation and upon perusal of the material filed the Committee were of the opinion that consent should be granted on the basis that the application was for a severance to be added to existing lands and that the consent would restore the property so created to a proper and reasonable shape, the irregular shape hav- ing been created by an abandoned railway right-of-way. As noted, municipal water is available and the area was so located that any future sewage installation would probably serve this area. It was so moved by E.R. Lovekin, seconded by K. Schoenmaker that consent to this application be granted. Carried. Application File No. 45-66 W. Kay Lycett B.A., Agent, Barrister & S-olicitor, Orono, Ontario. Mrs. Bertha Little, Owner, 770 Hortop Street, Oshawa, Ontario. for part of Lot 7, Con. Pl, of the Township of Clarke. Submission No.' ' 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 4001 x 250► being approximately 100,000 square feet in area from the applicant's land. The -Secretary reported that 20 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. W. Kay Lycett, Barrister & Solicitor at Orono appeared in support of the application. Mr. J. Carscadden, an abutting owner also appeared and stated that he had no objection to this application. No other person appeared in support of, or in opposition to, this application. Mr. Lycett stated that the subject land was not surveyed and in making an application at this time, he was seeking the Committee's feeling in connection with the separation so that if the Committee were prepared to grant the application, his client would obtain a proper survey of the property. The land was considered to be typical Clarke creek area of light sandy soil. There is an unopened road allowance: Access is gained by means of a private road-. The said unopened road allowance had reference to Application File No. 32-66. The -Committee had no question as to the problem of a septic tank due to the sandy soil, but the question as to how a building permit could be obtained where there is no frontage along a Municipal road, in accordance with the Municipal By-Laws,was raised. Page 4 Meeting of Committee of Adjustment, March 4, 1967; Mr. Lovekin asked Mr. Lycett if his client would be willing to accept a covenant that there would be no building on the land. Mr. Lycett stated that there was a possibility that a cottage would be built at a later date. l The Committee decided they would visit the property before coming to a decision. They noted that this is one of a series of "Retreat Property" applications on which a general policy ruling would be necessary. The Secretary -Treasurer presented the following letter to the meeting: (1) W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated October 5, 1966. This application was tabled to be considered at the next meeting. Application File No. 46-66 Strike & Strike, .Agent, Barristers & Solicitors, Box 7, Bowmanville, Ontario, Peter Willems and Elizabeth Willems, Owners, Newtonville, Ontario, for part of Lot 10, Con. 1, Township of Clarke. Submi ssidn• No. 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 16711 x 230.651 being approximately .0886 acres in area from the applicants' land. The Secretary reported that 15 notices of. the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Peter Willems, accompanied by his agent Mr. Strike appeared in support of the application. No other person appeared in support of, or in opposition to, this application. Mr. Strike, on behalf of the applicant pointed out that this is a pre-existing condition which pre -dates By -Law No. 1494, as far as buildings are concerned. There are two houses already on the property, one built to live in by the applicants' and,the other to sell. There is no trouble with septic tanks or wells and the the field is adequate. The land is level. The septic systems had been approved by the Northumberland Durham Health Unit. The Committee decided to visit the subject land before giving further consideration to this application. The Secretary -Treasurer presented the following letter to the meeting: (1) Strike & Strike, Barristers & Solicitors, Box 7, Bowmanville, Ontario, dated September 8, 1966. This application was tabled to be considered at the next meeting. Application File No. 47-66 Claude D. Fitzgibbon, Agent, Barrister & Solicitor, 2 Baldwin Street, Port Hope, Ontario, Catherine Fitzgibbon, Owner, 2 Baldwin Street, Port Hope, Ontario. for parts of Lots 6 & 7, Con. V1, Township of Clarke, Submission No.")3r 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 3741 x 1123• (10 acres less strip for unopened road.allowance) 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. No person appeared in support of, or in opposition to, this application. Page 5 Meeting of Committee of Adjustment, March 4, 1967. The Committee considered it advisable to correspond with Mr. Claude D. Fitzgibbon, Agent. The said letter is, therefore, quoted for the record. "Dear Sir; This matter came on for consideration before the Committee of Adjustment on Saturday March 41 1967. The Chairman, Mr. Lovekin, said that he had been contacted by telephone by Mr. Claude Fitzgibbon who said that he would be out of Town on Saturday and could not be present at the hearing and that if a favorable decision could not be given that he would request that the matter be adjourned in order to permit -him to make further representation to the Committee. The Committee took the matter under advisement bear- ing in mind Mr. Fitzgibbonts request. The Committee were cognizant of the fact that the parcels of land of approximately 10 acres in area were being created with no adequate form of access as the unopened road allowance was not in use and access was being gained by private lane only. It was noted that Sec. 3, Sub. Sec. 2 of By -Law 1351 of the Township of Clarke (The Building By -Law) requires the minimum lot front to be 50 feet along a municipal road before a building permit should be issued. Further requirements of the Township in the future will require a frontage on a municipal road to be 75 or 100 Peet, depending on location. The Committee were, therefore, concerned that purchasers of land might be under the impression that building permits would be available and this may not be the case under present and future lens. In the one severance already granted the purchasers had indicated that they had used it as a camp area only, which, of course, would be satisfactory. It was further noted that the difference here was fractional as far as land severance was concerned and if the unopened road allowance was closed and conveyed to the abutting owners no permission would be required from the Committee. The problem of the building permits, however, would still remain under such circumstances. The Committee directed that a copy of this interim decision be sent to the road Superintendent of the Township of Clarke for his comments and that Mr. Fitzgibbon be sent a copy of the interim decision and be requested to advise the Committee whether or not the purchasers intend to construct buildings or whether the sites were to be used for campsites only. It was also directed that Mr. Fitzgibbonts attention be directed to the fact that the Committee might give conditional approval to the application. Your earliest reply will be appreciated." It was unanimously agreed by the Committee that the Secretary -Treasurer be and is hereby instructed to forward the foregoing to Mr. Claude D. Fitzgibbon, Agent, for Mrs. Catherine Fitzgibbon. The Secretary -Treasurer presented the following letters to the meeting; (1) Bonneville & Fitzgibbon, Barristers and Solicitors, P.O. Box 188, Port Hope, Ontario, dated November 9,1966; (2) Bonneville & Fitzgibbon, Barristers and Solicitors, P.O. Box 188, Port Hope, Ontario, dated August 24, 1966. This application was tabled for further consideration upon receipt of a reply from Mr. Claude D. Fitzgibbon, Agent. Page 6 Meeting of Committee of Adjustment, March 4, 1967; Application File No. 48-66 W. gay Lycett B.A., Agent, Barrister & Solicitor, Orono,,Ontario. Mr. and Mrs. Leslie G. Hopper, Owners, R.R. #19 Orono, Ontario for Part of Lot 29, Con. 1V Township of Clarke, Submission No. 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 941 x 1121 being approximately 10,500 square feet in area from the applicantslland. The Secretary reported that 20 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. W. Kay Lycett, Barrister and Solicitor at Orono, appeared on behalf of the applicantst. Mrs. Sidney Hughes and Mr. J.L. Johnson, property owners within 2001 of the lands owned by the applicantst, appeared in opposition to this application. No other person appeared in support of, or in opposition to, this application. Mrs. Sidney Hughest objection concerned the fact that her house was situated on top of a high bank which already shows erosion due to trees having been cut down by the present owners of the subject land and, if there is any more excavating on the said subject land to provide for another building, the foundation of her house could possibly be weakened. Mr. J.L. Johnson was concerned with the health hazard, in that there are already three septic systems in the area of the subject land and there is one well which supplies eight houses. If another house is built and another septic system installed, would there be danger of pollution to the present water supply, which is situated at the bottom of the grade being a communal well supply? It was noted that, technically, this property is not in the Police Village of Orono. After due consideration, the Committee felt there was substance to the objections of Mrs. Hughes and Mr. Johnson and this application was left for further study. The Committee decided to visit the subject land before giving further consideration to this application. Mrs. Hughes and Mr. Johnson are to be notified by letter of the Committee's decision. The Secretary -Treasurer presented the following letter.to the meeting: (1) W. Kay Lycett B.A., Barrister and Solicitor, Orono, dated October 20, 1966. This application was tabled for further consideration at .the next meeting of this Committee.. Application File No. 49-66 W. Kay Lycett B.A., Agent Barrister & Solicitor, Orono, Ontario. Mr. Robert E. Rienstra, Owner Orono, Ontario, for part of Lot 25, Con. Vl, Township of Clarke. Submission No.'A3'"-46-48, 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 2401 x 1891 being approximately 1.04 acres from the applicantls land. The Secretary reported that 14 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Robert E. Rienstra, accompanied by the agent Mr. W. Kay Lycett, appeared in support of the application. No other person appeared in support of, or in opposition to, this application. Page 7 Meeting of Committee of Adjustment, March 4, 1967: The Secretary -Treasurer presented the following letter to the meeting: (1) W. Kay Lycett B.A.,.Barrister and Solicitor, Orono, dated October.6, 1966., The Committee noted the following: (1) The lot was over one acre in size and the survey was dated 24 December 1964. The Applicant was a farmer with no previous applications. (2) The land, as described, appeared suitable for housing. (3) Mr. Rienstra had had two fires. Both the barn and original house had been recently burned. Due to these unfortunate circumstances the applicant said he needed money. Apparently, therefore, the house was not to be associated with agriculture or agricultural production. (4) The grade level to provide entrance access to the - subject land from the municipal road was questioned. (5) The condition of the road giving access was to be. observed. The Committee decided to view the applicant's lands before giving further consideration to this application. This application was tabled to be considered at the next meeting. Application File No. 50-66 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Estate of Wellington Thomas.Brunt,Owner, c/o W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, for part of Lot 29, Con. 11, Township of Clarke, ;Submission No.' yt 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 60► x 452? being approximately 27,120 square feet in area from the applic antis land. The Secretary reported that 14 notices of the said hearing -had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. W. Kay Lycett, Barrister and Solicitor at Orono, appeared on behalf of the applicant. No other person appeared in support of, or in opposition to, this application. The Secretary -Treasurer presented the following letter to the meeting: (1) W. Kay Lycett B.A., Barrister and Solicitor, Orono, Ontario, dated December 28., 1966. Mr. Lycett stated that the property had been conveyed by Wellington Thomas Brunt during his lifetime to Ida B. Heslop by way of an Agreement for Sale. The estate now wished to give proper title to the land by way of a deed with a mortgage back. Existing legislation makes consent necessary in such cases. The Committee were unanimously of the opinion that the application could be,decided on the narrow grounds that the Agreement for Sale pre -dated the legislation under which the Committee functions. It was noted that if previously existing offers to purchase were being honoured by this Committee, then an Agreement of Purchase and Sale should also be honoured. It was moved by E.R. Lovekin, seconded by K. Schoenmaker that consent to this application be granted. Carried. Application File No. 51-67 Strike & Strike, Agent, Barristers & Solicitors, Box 7, Bowmanville, Ontario. Alan C.D. Beauchamp and Olga Beauchamp, Owners, R.R. #2, North Orono,Ontario for part of Lot 29, Con. V, in the Police village of Orono, Township of Clarke, Submi ssion No. �3 " s I - bI`�9- Page 8 Meeting of Committee of Adjustment, March 4, 19611 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 1411 x 5801 x 480, being approximately 4.71 acres from the applicants? land., The Secretary reported 24 notices of the said hearing had been mailed in. accordance with Item 4 of The Rules of Procedure. Mr. and Mrs. Beauchamp, accompanied by thee t Mr. Alan Strike-, Solicitor at Bowmanville, Ontario,/ifi p9u2&Ft of the 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) Strike & Strike, Barristers & Solicitors, Box 7, Bowmanville, Ontario, dated January 6, 1967•; (2) Strike & Strike, Barristers & Solicitors, Box 7, Bowmanville, Ontario, dated January 23, 1967. The material submitted by Mr. Alan Strike, agent, on behalf of the owners, having been studied by the Committee and it being noted that the following information was given by Mr. Strike in support of the application: Mr. and Mrs. Beauchamp purchased their holding in 1955, W" definitely not for speculation. They now wish to sever from their complete holding, having recently constructed a brick bungalow and will retain their own residential lot with this house on it. This existing bungalow was built commencing in September 1965 and completed during 1966. The Committee noted the following facts: (1) The subject land is within the Police village of Orono. (2) Municipal water is available. (3) The lot to be retained by the vendors is in accordance with existing lots to the South of it. (4) The applicants are not asking for severance pre- existing the By -Law. (5) This applieation is co -related but-severalble from Application No. 52-67. Mr. Jan Ochonski; the proposed purchaser was present at the meet- ing and presented a plan prepared by Marshal, Macklin, Monaghan Limited, being #P6604 dated 10th March, 1966. Mr. A.A: Low, Secretary, Clarke Planning Board, also appeared and stated that -Mr. Ochonski had been in contact with the Planning Board with regard•to his future plans in this area. Upon hearing the presentation and upon perusal of the material filed, the Committee were of the opinion that consent should be granted due to the general character of ribbon development in the area and the availability of municipal water and ready access to an existing road. It was moved by K. Schoenmaker, seconded by E.R. Lovekin that consent to this application be granted. Carried. CLASSIFICITION "B" Application File No. 52_67 W. Kay Lycett B.A., Agent, Orono, Ontario, Jan Ochonski, Owner, R.R. #2, Orono, Ontario, for part of Lot 29, Con. V. in the Police Village of Orono, Township of Clarke, Submission No., R° si-67­�* 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 75, x 1751 being approximately .29 acres from the,applicant's land. The Secretary reported that 24 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Page 9 Meeting of Committee of Adjustment, March 4, 1967: The Secretary -Treasurer presented the following letter to the hearing: (1) W. Kay Lycett B.A., Barrister and Solicitor, Orono, Ontario dated January 19, 1967. Mr. Jan Ochonski, accompanied by his agent W. Kay Lycett B.A., Barrister and Solicitor at Orono and Mr. and Mrs. Alan C.D. Beauchamp also appeared in support of this application. No other person appeared ini support of, or in opposition to, this application. Mr. Oehonski presented a plan being #P6604, dated March 10, 1966 prepared by Marshal, Macklin, Monaghan Limited which showed i a plan of proposed development of the remaining lands. Also he presented to the Committee a proposed plan dated March 16, 1965, prepared by Flim and Trollope Ltd., Surveyors of Oshawa, Ontario and numbered W.O.`2538. These two plans were presented together by way of explanation as to why the applicant wished to retain a 66ft. provision for future proposed road allowance purposes running to the West of the Counties road allowance between lots 28 and 29 as indicated on the survey attached to the application. Mr. Low, Secretary, Clarke Planning Board, was asked if he wished to advise the Committee of any relevant facts in this connection and he stated as follows: (1)Mr. Ochonski had been in contact with the Clarke Planning Board with regard to his proposed plans in this area and the Department of Municipal Affairs had requested additional modification of his application for subdivision. (2) It is imperative that the proposed road allowance by Mr. Ochonski to connect with the road between lots 28 and 29 be given future consideration by the Trustees of Orono and Council. The Committee felt that as this is a future subdivision plan, there should be a meeting with the Orono Police Trustees. This application was tabled for further consideration at the next meeting of this Committee. CLASSIPIC ,TION "A" Application File No. 53-67 W. Kay'Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, William Perry Irwin Etta Irwin Owners, R.R. #1, Orono, Ontario, for part Lot 29, on. 1V, Township of Clarke, Submission No. -a`s3-67-v3 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 100T x 296110" being approximately 29,600 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. W. Kay Lycett, Barrister and Solicitor at Orono, appeared on behalf of the applicants. No other person appeared in support of, or in opposition to, this application. The Secretary -Treasurer presented the following letter to the meeting: ` (1) `W. Kay Lycett B.A., Barrister and Solicitor, Orono, Ontario, dated January 12, 1967. The documentation supplied with the application was considered by the Committee. Mr. Lycett pointed out that the Committee had previously granted severance of a similar nature to the same Applicants in the same area. The Committee had previously visited the area and were familiar with the topography characteristics, access and condition of roads and other relevant features that could be checked by visiting the site. The character of the area was established as residential and the buildings constructed by the applicant were completely modern in character and capable of carrying an above average assessment for the Township of Clarke. Page 10 Meeting of Committee of Adjustment, March 4, 196,7-. The frontage of the lots met the most exacting requirement of 100 feet and the proposed building to be put on this newly severed lot was to be of a character in keeping with other buildings in the area in relation*to appearance and assessment. While the lands concerned were not within ,the limits of the Police Village of Orono, they were in .an area obviously of a suitable character abutting the Village and extremely suitable for the proposed use. It was noted by the Committee that this application was similar to previous applications File No. 36-66 and File No. 37-66. Application granted on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. CL:;S ;I FIC .TION "B" Application File No. 54-67 W.'Kay Lycett B.A. Agent, Barrister & Solicitor, Orono, Ontario, Thomas John Ambrose Carscadden Mary Viola Carscadden, Owners, R.R. North, Orono, Ontario, for part of Lots 15 & 16, Con. V11, for Township of .Clarke, Submission No. Applicationwas made for exemption or partial exemption from provisions of Subdivision Control By -Law 1494 so as to permit the separation of a parcel of land approximately 2601 x 5501 being 143,000 square feet in area from the applicants' land. The Secretary reported that 21 notices of the said hearing had been mailed in`accordance with Item 4 of the Rules of Procedure. Mr. Thomas John .Ambrose Carscadden, accompanied by his agent, W. Kay Lycett B.A., Barrister and Solicitor at Orono, appeared in support of the application. No other person Eppeared in support of, or in opposition to, this application. The Secretary -Treasurer presented the following letters to the meeting: (1) W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated January 19, 19672 (2) Mrs. Ralph W. Peck, 98 Ridge Dr., Tororto 7. Ontario, dated March 3, 1967. 'Upon hearing the. Agent to the application and upon perusal of the materials filed and discussion with Mr. Carscadden, the Committee adjourned the hearing of this application to the next meeting and advised the applicant that they w-ould visit the property on April 1st, 1967 at 2:00 PM, after which time a decision would be made. This application was tabled, with the consent of theapplicant, for further consideration at the next meeting of this Committee. CLR.SSIFIC-tiTION "D' Application File No. 5567 W. Kay Lycett B.A., Agent, Barrister,& Solicitor, Orono, Ontario. Stinson,0. Martin, Owner, R.R. #2, Orono, Ontario, for part Lot 28, Con. V. Township of Clarke, Submission No. 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 loot x 6751 being approximately 67,500 square feet in area from the applicant's 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. W. Kay Lycett B.A., Barrister and Solicitor at Orono, appeared in support'of the application. No other person appeared in 'support of, or in opposition to, this application. The Secretary -Treasurer presented the following letter to the meeting: (1) W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated January 19, 1967. Page 11 Meeting of Committee of Adjustment, March 4, 1967: Mr. W. Kay Lycett, Barrister and Solicitor of Orono presented the necessary material which had been amended in compliance with a requirement of the Committee conveyed to Mr. Lycett by telephone after a preliminary perusal of the application by the Committee. The Committee noted that the depth of the lots had been increased so that the area of the lot was 67,500 square feet or well in excess of an acre. It was noticed that the lot was technically beyond the legal limits of the Village of Orono. The character of the intervening parcels of land between the lot to be severed and the northerly limit of the Police Village of Orono was uniform in th4t.it was used for superior type modern housing on 100► lots. There was no problem of access and the road in front of the'lot to be severed was in good condition. A short distance to the north road is a stop street and traffic in this area Would not be travelling at a high rate of speed. The topography of the lot was suitable to use, in that to the east the land has a reasonable gradient to a creek bed providing suitable and adequate drainage facilities. Application granted on motion by K. Schoenmaker, seconded by E.R. hoveki.n, subject to the preparation and filing of a proper plan of survey. Carried. Application File No- 56-67 W. Kay Lycett Agent, Barrister & Solicitor, Orono, Ontario, Estate of Wellington Thomas c/o W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, for part of Lot 29, Con 11, Township of Clarke, Submission No. Brunt, Owner, .Application was made for exemption or partial exemption from Provisions of Subdivision Control By -Law 1494 so as to permit the separation of aparcel of land approximately 84*1 x 4521 -being approximately .86 acres from the applicant's land. The Secretary reported that 14 notices of the said hearing had been mailed in accordance with Item A of The Rules tof Procedure. Mr. W. Kay Lycett B.A., Barrister and Solicitor appeared on behalf applicant., No other person appeared in support of, or in opposition to, this application. The Secretary -Treasurer presented the following letter to the Committee: (1) W. Kay Lycett B.A., Barrister and Solicitor Orbno, Ontario, dated January 26, 1967., Mr. W. Kay Lycett, Solicitor for the applicant presented the application, pointing out that the character of the area was already clearly established.and the proposed lots would compare favourably with the size of abutting lots. The Committee noted that the buildings presently occupied the whole frontage, and -therefore, the owners in possession were presently using the whole frontage. The Committee were of the opinion that although there were existing lots in the area with lesser frontage than each new lot would have if the application -was granted, the continuation of a basic error in allowing such a development was undesirable. The Committee also bore in mind the fact that this Estate had been granted a severance per Application File No. 50-67 on the Heslop property onthe grounds of a pre-existing Agreement of Sale. This lot was only 60t wide and while the Committee did not see fit to require any alteration in the frontage of that property as a condition to granting the severance requested, the effect of granting a further severance would be to put another house adjacent to an extremely narrow lot. The Committee also noted that the lots created would be a fraction of an acre in size. On the whole the -Committee felt that all possible arguments for the severance were advanced and completely argued, but they fell short of convincing the Committee that a severance should be granted. The Secretary was requested to forward a copy of that portion ^of the minutes relating to this application to W. Kay Lycett B.A., agent for his information. This application was refused on motion by E.R. Lovekin, seconded by K. Schoenmaker. Carried. of to Page 12 Meeting of Committee of Adjustment, March 4, 1967.. The Committee unanimously agreed to use key index classifications on all applications with the provision that further classifications may be added when this Committee consider such provisions from time to time. A. Settlement Area B. Pre-existing Buildings• C. Severance for Separate Deeds D. Retreat Property - E. Agricultural Holding F. Agreement for Sale Meeting adjourned at 5:30 p.m. Secretary-Treasu er MEETING of the COMMITTEE OF ADJUSTMENT for the TOMTSEII P OF CLARKE Wednesday, March 22, 1967 Present E.R. Lovekin, Chairman at 8:30 p.m. Council Chamber, Orono. K. Schoenmaker, Member Mrs. Ellen M. Yeo, Secretary -Treasurer Ted Woodyard, Chairman, Police Trustees,Village of Orono Minutes of meeting of the Committee held March 4, 1967 were approved as read on motion by K. Schoenmaker, seconded by E.R. Lovekin. ; carried. As business brought forward the following applications were Application File No. 45-66 from the minutes of the past meeting considered: W. Kay iycett B.A., Agent, Barrister & Solicitor, Orono, Ontario. Mrs. Bertha Little, Owner, 770 Hortop Street, Oshawa, Ontario. for part of Lot 7, Con. VI, of the Township of Clarke. Submission No. As business arising from minutes of the last meeting this application was considered. The Committee discussed the case from the point of view of general policy on what the guiding principle should be in granting a severance -of less than•10 acres in a retreat area or in an agricultural area, that is, an area distant or remote from settlement areas. The exceptions discussed included small lots for persons employed temporarily,in connection with the operation of an agricultural unit e.g. farmer conveying lot to son for separate dwell- ing house. Mr. Kay Lycett, Solicitor at Orono appeared on behalf of the applicant and was invited to make representation concerning this particular property. He pointed out that the Committee had granted at least one severance to Mrs. Catherine Fitzgibbon in this area. (ref. file 32-66). This precedent was discussed and it was