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HomeMy WebLinkAbout05/15/1967FETING of the COMMITTEE of ADJUSTAT'NT for the TOI.TYSHIP OF CLAPJITE Monday, May 15, 1967 at 8:00 p.m. Council Chamber, Orono. Present: E.R. Lovekin, Chairman K. Schoenmaker, Member Mrs. Ellen NI. Yeo, Secretary -Treasurer Minutes of meeting of the Committee held Vey 8, 1967, were approved as read on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. The Secretary -Treasurer presented an invitation received from Community Planning Associotion of Canada, Ontario Division,' to attend their Sixth Annual "Planning Problems and Progress Conference" on June let, 1967 at the Park Plaza Hotel, Toronto. The Committee took the matter under adYisement and it was ' decided to seek approval of the Council of the Township of Clarke to have E.R. Lovekin, Chairman and K. Schoenmaker, Member to attend this Conference. Application File No, 57-67 Garnet B. Rickard, Owner, R.R. #4, Bowmanville, Ontario, for part of Lot 35, Coh II,R-*' Township of Clarke, Submission No. This application was discus 'sed'as business arising from past minutes. In view of the fact that Mr. Rickard did not appear at the meeting held on Monday May 15th, the Committee tabled this application for fL4rther discussion at a meeting to be held on June 12th, 1967. The Secretary was requested to notify Mr. Rickard of this meeting in order to make any further representations if he so desired and to appear at that time. Classified "Cu Application File No. 62-67 N W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Peter and Maria Vogel, Owners, R.R. #1, Orono, Ontario, for part of Lot 25, Con III, Township of Clarke, Submission As business arising from minutes of the last meeting, this application was considered. 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 Committee informed Mr. aLycett that they had viewed the property on Saturday 13th of May, 1967 and reviewed the minutes of the Committee of Adjustment dated May 8th, 1967. Mr. W. Kay Lycett produced a Building Permit No. 113-65, dated 15th November, 1965, duly signed by the Building Inspector for the Township of Clarke, in support of this application and he also referred to his letter of May 8th, 1967, wherein he pointed out the fact that Mr. Vogel received this Building Permit to build on the subject pargel prior to the time that the bylaw came into effect. Page 2 Meeting of Committee of Adjustment, May 15, 1967: On the sole ground that the previously existing independent documentary evidence established a clear intention to sever the lands, this application will be favourably considered if the depth of the lot, when surveyed, is increased to 3001 to permit adequate space to locate the house and septic tile area on high dry land. Mr. Lycett consented to have this application tabled until the survey is prepared and presented to the Committee for their final decision. Classification "K" Application File No. 63-67 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Donald Gordon Henry, Shirley Ann Henry, Owners, R. R. #2, Orono, Ontario, for part of Lot 31, Con VI, Submission No.'i3" 63 -G7- S9 As business arising from minutes of the last meeting, this application was considered. Mr. Donald Gordon Henry, the applicant, Mr. Morris Kinsman, the proposed purchaser and W. Kay Lycett B.A., 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 Chairman, E. Richard Lovekin, announced that on Saturday May 13th, 1967 the Committee visited the site. The agent, W. Kay Lycett B.A., was then asked to make his submissions and the Committee suggested that in addition to any other presentation they would like to hear argument on the following, which is set down hereunder in question and answer form. Question (1) Is this in a settlement area? Answer (1) Mr. W. Kay Lycett B.A., contended the area should be regarded as a settlement area. Orono is known as Lot No. 28 and part of Lot No. 29. Lot No. 30 intervenes and the applicant is on the easterly portion of Lot No. 31. The westerly half of Lot No. 30, north of the fifth concession, facing on the Leskard Road, was subdivided prior to the passing of the by-law, in lots of 15,000 square feet area. Two completed houses stand on the Leskard Road opposite the subject land and new construction has started on one more. To the south of the fifth concession, one Ochonski, prior to the by-law split the lands abutting on the Leskard Road with 19 completed houses abutting the road which clearly is a ribbon development situation. Question (2) Is this an infilling operation? Answer (2) The agent, W. Kay Lycett B.A., indicated that he was advancing this argument. Mr. Lycett also stated that the lands owned by the applicant could well be divided into a total of four parcels. The home parcel is 180' x 360'. To the east of this a lot 150' x 360' would be a natural division. To the north, two lots with 1501 frontage and 3301 in depth would be a further logical development. Question (3) If an application was granted for a lot 150* on the Leskard Road, 3301 deep, lying to the rear of the applicants' home, would they not automatically create a second severance to the north, unless a strip at the rear was reserved, making the lands to the north abutting lands with- in the meaning of the Act? Answer (3) "Yes". The agent was then asked to make his Page 3 Meeting of Committee of Adjustment, May 15, 1967: general submissions. The afient pointed out that the land abutted on good roads and that the character of the area was clearly established by pre-b-7-1aw subdivisions. ��uestion (4) In view of the facts of this particular case, what would the agent's comments be in regard to the Committee considering a single severance? (e.g. a one doe, one bite rule). Answer (4) The agent suggested that a severance of, say, two lots of 2z acres each would not be in conformity with neighbouring development. The agent suggested a ruling- that only one sub- division coi.zld be permitted at this time and would be a more logical approach. The agent went on to centre his submissions on two points: (1) Closeness to Orono, a settlement area; (2) An infilling operation in conformity with the general character of the area. The agent was prepared to have his submission stand or fall on these arguments. This application was adjourned for further consideration, with the consent of the applicant and his agent. The agent will be notified of any interim decision of the Committee. Classification "J" Application File No. 65-67 17. Kay Lycett B.A., Agent, Barrister & Solicitor,. Orono, Ontario, Oliver, '". 1 napp, Owner, R. R. ?f2, Orono, Ontario, for part of Lot 28, ConV. in the Police Village of Orono, Township of Clarke, Submission No. "B" 65-67-54 As business arising from minutes of the last meeting, this appli- cation was considered. Mr. W. Play Lycett., B.A., solicitor at Orono, agent for the applicant appeared in support of this application. No other person apteared in support of, or in opposition to, this application. The Committee visited this property on the 13th day of rep, 1967. The Committee referred to the minutes of a meeting held b, the Committee of Adj>>stment on P:Qonday, June 27, 1966, a` which time consent was granted to this application. Since the Committee had already granted this severance, their former decision was followed as no material change of fact, law or policy was apparent. Consent granted on motion by K. Schoenmaker, seconded b7T E.R. Lovekin. Carried. Classification "A" Application File P?o. 66-67 W. Kay ycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, 1/rs. Zella May Graham.,Owner, R.R. North, Orono, Ontario, for part of Lot 22, Con VII, Township of Clarke, Submission Pin. 113" 66-67-55 As business arising from minutes of the last meeting, this ) arplicatinn was considered. -' Page 4 Meeting of Committee of Adjustment,<May 15, 1967: Mr. William Reid, the proposed purchaser and Mr. W. Kay Lycett, B.A., agent for the applicant appeared in support of -this application. No other person appeared in support of, or in opposition to, this appli c ation. The Secretary -Treasurer was requested to read the minutes of meeting held on May 8th, 1967, for Mr. W. Kay Lycettls information. The Committee stated they inspected the premises on Saturday, May 13, 1967, at which time no one was on the premises. The Committee also called on hir. William Reid, to take him to the site, but he was not available. The division line of any severance would apparently have to run to the north of a former chicken house, now being used as an outbuilding to house a lawn mower etc., and an existing large barn which is to pass with the agricultural land. The two houses will be left on approximately lz acres of land. The Committee considered the following facts; (1) This is in essence the result of a termination of an agricultural operation, with the owner retaining dwellings and selling the barn and lands for an agricultural purpose. (2) Adequate road frontages existed for all buildings with no parcel being; landlocked. (3) The buildings fronted on an excellent paved and improved road. (4) No ne- dwellings would be considered because of the granting of this severance. Application granted on motion of K. Schoenmaker, seconded b'y E.R.Lovekin. carried. Classification "E" and "I" General Business - The Committee added the following key index classifications for all applications; "d" Infilling Operation "K" Pre-existing Documentation Supporting Intention to Sever The Committee then reviewed in some detail their practice of establishing fixed categories in order to clarify their policies and to facilitate ready reference by all concerned. . Meeting adjourned at 12:00 p.m. Cecretary-Treasurer ftEETING of the CUYI`1'TEE OF ADJUSTnPENT for the TOWIISHIP OF CLARKE Thursday, May 18, 1967, at 3:00 p.m. Present E.H. Love kin, Chairman, Council Chamber, Orono K. Schoenmaker, Member Mss. Ellen Ni. Yeo, Secretartr-Treasurer A meeting was called to discuss further matters pertaining to .Application File No. 63-67.