HomeMy WebLinkAbout07/10/1967Page 4
Meeting cf Committee of Adjustment, June 28, 1967:
(4) The subject land is shown on a previous plan
of survey dated August 26, 1960, prepared by
Donevan & Fleischmann, Land Surveying & Engineering,
<Oshawa, Ontario, under Job a8780. The applicant
clearly had the intention to develop the area as
it has developed since 1960.
(5) The Committee noted the general character of
the area was residential lots of similar size
and felt that this could be classified as "J"
Infilling Operation". The application would not
be granted as an extension of an area, but only
on an "Infilling" basis.
On all these facts, permission to sever was granted on
motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried.
CLASSIFIED "J"
Meeting adjourned at 1:30 p.m.
41�_ . x.17. 4- e).
Secretary -Treasurer
ME, ETING
of the
=,R.qTTEE OF ADJUSTP.!4 7
for the
T07FTSHIP OF CLARKS
Monday, July 10, 1967 at 8:00 p.m.
Council Chamber, Orono.
Present: E.R. Lovekin, Chairman,
K. Schoenmaker, Iviember,
Mrs. Ellen 1W. Yeo, decretarv-Treasurer
A meeting was called -to consider applications 470 and ,#71.
Application File No. 70-67 Luther Brown, Owner,
R.R. #1,
Orono, Ontario,
for part of Lot 30, Con III,
Tow nshin of Clarke,
Submission No.
Application was made for exemption or partial exem_otion from
provisions of Subdivision Control By -Law No. 1494 so as to permit
the separation of a parcel of land containing three lots, each
lot approximately 100, x 200T, being approximately 20,000 square
feet in area from the applicant's 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. Luther Brown, the applicant, accompanied by his grandson
Pis. LarryUmbel, Lot 15, Concession 8, Township of Hamilton, Fostal
Address R.R. -,L11 Cobourg, Ontario, appeared in support of this
application. No other person appeared in sur -port of, or in
opposition to this application.
Page 2
Meeting of Committee of Adjustment, July 10, 1967:
The application by Mr. Luther Brown, to sever from his farm,
three lots of 1001 x 2001, said lands to be conveyed to three
daughters, brings squarely before the Committee of Adjustment
the question of the policy to be follwed where parent to child
transfers olf land are concerned.
The Committee of Adjustment have made it clear, in the
past, that one person is not automatically entitled to one
severance, and in so doing have indicated that the Committee do
not intend to blindly follow general rules, but, intend to con-
sider each case on its particular. merits. It would., of course, be
advantageous to have general rules so that persons resident in the
Township of Clarke, particularly Solicitors, Insurance Agents,
Realtors etc., can advise persons interested on the probable out-
come on any particular application.
Former decisions of the Committee make it clear that, where
a younger member of the family, who is ene�aged in a farming
operation wishes to sever a smaller piece of land from the property
belonging to the parent in order to construct a new home for him-
self and his family, the Committee are prepared to give such an
applicationcareful consideration. In most of these cases, it is
necessary for the son to build his new house with mortgage funds
and the father does not wish to encumber the entire farm with a
mortgage, the farm, in reality, is remaining "a'single unit, but
the land severance is necessary for'financial reasons. It is,
therefore, logical to grant a severance in such a special set of
circumstances.
Generally, the Committee are prepared to consider a severance
to any bona fide farmer who has been carrying on an a;ricultural
operation from some period of time, if the severance is necessary
or reasonable to facilitate the continuing_ operation of that farm
business.
The Committee have also looked with a tolerant eve on deeds
necessary to convey lands formerly held under Agreements for Sale,
or to carry out the terms of a Will.
The Committee, are also prepared to look with careful attention
at any application regardingia farm homestead, or farm which is
to be divided among a`number of children in a family.
It is quite impossible to adequately predict all the factors
that will be presented in any specific apalication and only a"
neneral guide -line, can be laid down, with each case being
considered on its own specific facts.
The guide -line here is that Mr. Brown wishes to convey lots
to his daughters, but offers no specific reason for such a triple
application on behalf of family members. This in itself is not
sufficient for the Committee to grant a request. If such s General
rule were to be established and followed, then anyone owning land
in the Township who wished to sell lots could do so by having his
Solicitor prepare a double set of deeds, the first transfer being
from the father to a member of the family and the second transfer
being from that member of the family to a purchaser. To permit
such a practice would_ be most improper as the Committee of
Adjustment would be ccn.doning a flagrant disreard of the intent
of the by-law and The Planning Act itself.
We are quite pre -oared to consider one or any number of
applications from any landowner, but that a-mlicant must be prepared
to convince the Committee on the basis of demonstra.ble evidence
and logical argument that his a_oplicati.on is a special case, which,
on its facts, should be granted relief from the general prohibitory
rule.
Page 3
Meeting of Committee of Adjustment, July 10, 1967:
In connection with P,r. Brown's application, the follo5!ing
matters were considered:
(1) Pultiple applications are not acceptable,
that is to sa.1, the Committee cannot consider,
under the guise of one application, a request'
for three severances.
(2) While -rants of property to family members
for "natural love and affection" are entitled
to special consideration, such grants are not
automatic in any sense.
`(3) If any special reasons exist, whir this application
should be granted, theCommittee are unaware
of them from the applicant's snbrnissions.
The following conclusions were reached:
(1) The Committee will visit the property.
(2) The aprlican.t was instructed that if `he wished
to make any further submissions he should do so
at the next meeting to be held. on July 31st,
at 8:00 n.m.
Tris matter was adjourned with the consent of the anp_licant.
CLASSIFICATION "E"
Application File yo. 71-67 W. Kay Lycett B.A., Agent,
Barrister &"Solicitor,
Orono, Ontario,
James Russell Bruce M4ajor2Owner,
Orono, Ontario,
for parts of Lots 4 & 5
in Block "L",
in the Police Village of Orono,
of the Townshi_n of Clarke,
Submission No. "B" 71-67-61
Application was made for exemption or partial exemption from
provision of Subdivision Control Bir -Law 130, so as to permit
the separation' of a parcel of land being, approximately 63, x 1331
being approximately 8379 square feet in area from the applicantls
land. (the original application stated 581 x 1321, but the amended
figures were submitted by the applicant's agent, W. Kay.L,ycett B.A.,
Solicitor at Orono.)
The Secretary ren_orted that 21 notices of the said hearing
had been mailed in accordance with Item 4 of The Rules of Procedure.
A1r. James Russell Bruce Major, accompanied by his agent
W. ray Lycett B.A.,* Solicitor. at Orono, and Mr. James Ard, the
proposed purchaser of R.R. #1, Orono, Ontario, appeared in support
Of this application. Ido other person a_npeered in support of, or
in opposition to, this application.
The Secretary -Treasurer presented the following letter to
the meeting:
(1) 7. Kay Lycett 3..A., Barrister w Solicitor,
Orono, Ontario, dated June 22, 1967.
The Committee visited this property on Friday, June 23,
1967, and considered the following facts:
C
Page 4
Meeting of Committee of Adjustment July 10, 1967:
(1) The subject land is in the Police Village
of Orono, being the corner of Station and
Princess Streets.
(2) `Phis lot is quite high to the rear and slopes
down, facing sauth, nivin;; an excellent gradient
and sunny surface for a septic tank.
(3) The gradient in this lot is such that the location
of the house, and provision to stop erosion,
should be borne in mind.
(4). This is an "infilling" operation in the Police
Village of Orono and is in character with abutting
development.
,
(5) There -would be no problem in securing any or
all municipal utilities.
(6). The septic tank could very easily be located
at front of property as there is no drainage
problem.
(7) The Committee asked for the survey which was
being prepared by !�.D. Brown, Ontario Land
Surveyor, Bowmanville, Ontario. W. Kay Lycett B.A.,
Solicitor .stated that Mr. .Brown advised him this
survey will be available within a few days.
This application was adjourned sine die to await submission of the
survey, with the consent of the applicant Mr. James R.B. Major
and his agent W. Kay Lycett B.A. Solicitor at Orono, Ontario.
CLISSIFICATION "J"
Meeting adjourned at 11:00 p.m.
Secretary -Treasurer
MEETING
of the
COMUTTEE OF ADJUSTMENT
for the
T0WNSEIP OF CLAM
Monday, Tuly 31, 1967 at
8:00 P.M.
Council Chamber, Orono.
Present: E.R: Lovekin, Chairman
K. Schoenmaker, Member
Mrs. Ellen M. Yeo, Secretary -Treasurer
The minutes of meetings of June 12th, June 28th, and July 10th,
1967 were -approved as read on motion by K. Schoenmaker, seconded
by E. R. Lovekin. Carried.
Application File No. 57_67
Garnet B. Rickard, Owner,
R. R. #4,
Bowmanville, Ontario,
for part of Lot 35, Con II,
Township of Clarke,
Submission No.
As business arising from the minutes of past meetings, this
application was presented for further consideration.
. . . . . . . 0