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HomeMy WebLinkAbout07/31/1967C 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 Page 2 Meeting of Committee of Adjustment, July 31, 1967: Due to the death of the applicant►s son, he was apparently unable to attend the meeting and the application was, therefore, tabled for further consideration at the next meeting of the Committee. Application adjourned. CLASSIFICATION "C" Application File No. 62-67 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 No. "B" 62-67-58 As business arising from minutes of past meetings, this application was presented for further consideration. Mr. 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 meeting: (1) Correspondence from W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated July 10th, 1967. The Committee duly noted the contents thereof. (2) A Plan of Survey prepared by Flim and Trollope, Ontario Land Surveyors, 111 Elgin Street East, Oshawa, Ontario, dated June 29, 1967 and numbered VP.O. 3354. (3) The information contained in previous minutes. Upon perusal of the amended description and Plan of Survey, which complied with the conditions imposed as evidenced in former minutes, the Committee were of the opinion that consent should now be granted. It was so moved by K. Schoenmaker, seconded by E.R. Lovekin. Carried. 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, Township of Clarke, Submission No.. 111B" 63-61-59 As business arising from minutes of past meetings,, this _application was presented for further consideration. Mr. 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. Mr. W. Kay Lycett presented a survey prepared by Donevan & Fleischmann, Land Surveying & Engineering, 11 Ontario St., Oshawa, Ontario, dated June 30, 1967 and being Job No. 15661. The 'Committee noted the following facts: (1) The detail shown on the said Plan of Survey and noted that the subject land faces on the Leskard Road. (2) The dimensions of the subject land had been changed Page 3 Meeting of Committee of Adjustment, July 31, 1967: (2) contld from 1001 x 3301 to 1501 x 3201, increasing the area to approximately 48,000 square feet in area. (3) The severance granted is so located as not to create a second automatic severance. The Committee reviewed the minutes of past meetings and were of the opinion that the applicants had complied with the conditions previously imposed by the Committee. Application granted on motion of K. Schoenmaker, seconded by E.R. Lovekin. Carried. CLASSIFICATION "J" Application File No. 68-67 W. Kay Lycett H.A., Agent, Barrister & Solicitor, Orono, Ontario, Wellington Andrew Adams,Owner, R.R. #2, Newcastle, Ontario, for part of Lot 21, Con III, Township of Clarke, Submission No. "B" 68-67-60 As business arising from the minutes of past meetings, this application was presented for further consideration. 19, Kay Lycett B.A., Barrister & Solicitor at Orono, agent for Wellington Andrew Adams, and Mr. Keith Adams, R..R. #1, Orono, Ontario, son of Wellington Andrew Adams, appeared in support of`this application. No other person appeared in support of, or in opposition to this application. The 6ecretary-Treasurer presented the following material to the meeting: (1) Correspondence from W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated -July 20, 1967. The Committee duly noted the contents thereof. (2) A Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated July 14, 1967 and numbered 67054. Upon perusal of the said Plan of Survey and the minutes of previous meetings, the Committee re -affirmed their previous comments and observations concerning this application and were of the opinion that consent should now be granted. Application granted on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. CLASSIFICATION "K" Application File No. 70-67 Luther Brown, Owner, R.R. #1, Orono, Ontario, for part of Lot 30, ,Con III, Township of Clarke, Submission No. As business arising from minutes of the meeting held by the Committee of Adjustment on July 10th, 1967, this application was presented for further consideration. As a matter of record, the Committee visited the property on Thursday, July 13, 1967 and spoke to the applicant at the site. a Page 4 Meeting of Committee of Adjustment, July 31, 1967: The Committee referred to the minutes of a meeting held on Monday, July 10, 1967 and noted the following; (1) The applicant has not presented any convincing reasons why his application is a special case, not falling under the general prohibitory rule laid down in the relevant by-law and Provincial legislation that, presently, only lots of 10 acres or more can be severed from existing lands. (2) The applicant originally suggested a severance for each of his three daughters. No evidence was lead that they are now, or intend to be, employed Permanently or part time on the farm. The applicant admitted that such children, in fact, had no bona fide intention to become employed in agricultural operations. (3) Although several lots had been sold in the immediate vicinity by an abutting owner, before the by-law was passed, this does not justify further severances at this time as the region cannot be properly characterized as a "settlement area". The Committee were sympathetic and well disposed toward Mr. Brown for his frank presentation of his case. Be impressed the Committee in that he made no attempt to mislead the Committee. If his application had turned on the question of credibility, the application would have been resolved in favour of the applicant. Unfortunately for the applicant, he has been unable to bring to the attention of the Committee any relevant facts that would, at this time, result in a favourable decision. There being no further factual submissions at this time by the applicant, this application was refused for the reasons stated above on motion of K. Sehoenmaker, seconded by E. Richard Lovekin. Carried. CLASSIFICATION "E" Application File No. 71-67 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, James Russell Bruce Major,Owner, Orono, Ontario, for parts of Lots 4 & 5, in Block "L; part of Lot 289 Con V, in the Police'Village of Orono, of the Township of Clarke, Submission No. "B" 71-67-61 As business arising from minutes of the meeting held by the Committee of Adjustment on July 10, 1967, this application was presented for further consideration. W. Kay Lycett B.A., Barrister & Solicitor at Orono, Ontario, appeared in support of this application. No other person appeared in support of, or in opposition to, this application. The Secretary presented the following material to the meeting: (1) Correspondence from w. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated July 27, 1967. The Committee duly noted the contents thereof. (2) A Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated July 19, 1967 and numbered 67056. The Committee were of the opinion, from their observations at the site that the lot to be severed was a practical building site, with Municipal water available, good drainage and a good road. The remaining lands, being a lot retained by the vendor, was a corner lot with existing buildings which were located too close to the L.` Page 5 Meeting of Committee of Adjustment, July 31, 1967: street line. Such a previous existing condition on abutting lands has no bearing on this application, in the particular facts of this case. The lot was so located that any further services such as sanitary sewage would be available. The proposed new lot would be in physical conformity with other properties in the area, and the corner lot left the vendor would continue to be used as it is presently used and would be a unit suitable to the area, bearing in mind, it was a corner lot with no other immediately abutting buildings, except the house to be constructed on the new lot. Bearing in mind that it is advisable to concentrate new construction in Clarke Township in built up areas and on the particular facts of the case this application was granted. It was so moved by K. Schoenmaker, seconded by E.R. Lovekin. Carried. CLASSIFICATION "J" Application File No. 72-67 The hydro -Electric Power, Commission of Ontario, Agent, 620 University Avenue, Toronto 29 Ontario, Kirkstone Limited, Owner, Newtonville, Ontario, for part of Lot 5, Con II, Township of Clarke, Submission No. "B" 72-67-63 Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1494 so as to permit the grant of a renewal of an easement approximately 661 x 1373.21 being approximately 90,631 square feet in area.from the applice ntTs land. The Secretary reported that 17 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. No person appeared in support of this application, i4r. John Goy, 173 Garden Avenue, Toronto 3, Ontario, appeared and asked for details of the plans of The Hydro -Electric Power Commission of Ontario in this regard, particularly, the width of the easement. No other person appeared in support of, or in opposition to, this application, although the Department of Highways of Ontario made representations by way of a letter dated 24th July, 1967 (see below). The Secretary -Treasurer presented the following material to the meeting: 411 Correspondence from Ontario hydro, 620 University Avenue, Toronto 2, Ontario, dated June 28, 1967. (2) Correspondence from Department of Highways, Funciontal Planning Division, Downsview, Ontario, dated July 24, 1967. The Committee duly noted the contents. The Committee noted the following facts: jl) There was no representative present from the Hydro -Electric Power Commission, or the Department of Highways. (2) There was no evidence on file to show whether the width of the proposed easement was the same a s the former easement. The proposed easement was shown on a Plan ofSurveydated &day 8, 1967, -prepared by the hydro - Electric dower Commission of Ontario, Survey Department, #C17 -6—D36. The Department of Highways of Ontario complained that the relationship of the easement to Highway #2 was not sufficiently clearly defined. Page 6 Meeting of Committee of AAjustment, July 31, 1967: (3) The Committee were unable to give '"r. Goy any information as to whether or not his trees would have to be trimmed or whether or not any buildings on his property were too close to the proposed ease- ment. (4) The letter from Department of Highways, dated July 24, 1967; outlined their problems and suggested a policy which should be followed in cases such as this and these suggestions were given careful consideration. (5) The Secretary was requested to write a letter to Hydro -Electric Power Commission of Ontario, 620 University Avenue, Toronto 2, Ontario, enclosing a copy of the letter received from Department of Highways.' A letter notifying the Hydro -Electric Power Commission of the date set for the next meeting and asking that a representative be present is to be written and mailed when our next meeting date is set. (6) Lir. John Goy, 173 Garden Avenue, Toronto 3, Ontario, requested notification of the date of the next meeting. (7) As it is highly desirable to establish a firm policy on the handling of this type of application, the Committee decided to clarify the matters raised herein by correspondence and oral discussion and establish a policy in applications of this kind. This application was tabled for further consideration at the next meeting -on motion of K. Schoenmaker, seconded by E.R. Lovekin. Carried. CLASSIFICATION "L" Application File No. 73-67 W. hay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Carl Todd, Owner, R.R. #1, Newtonville,_Ontario, for part of Lot 2, Con IV, Township of Clarke., Submission No B73-67-120 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 165► x 297, being approximately 49,006 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. Carl Todd, the applicant, accompanied by his agent W. Kay Lycett B.A., Solicitor at Orono, appeared in support of this application. Also appearing in this matter were: JWr. Larry Sinclair, R.R. #2, Newcastle, Ar. Bruce Todd, R.R. #1 '4ewtonville, Ontario, the proposed purchasers, and ter. Joseph Francek, R.R. #1, "ewtonville, Ontario, an abutting owner. 1`o other person.appeared in support of, or in opposition to this application. The Secretary presented the following material to the meeting: (1) Correspondence from ki..Kay "ycett B.A., Barrister & Solicitor, Orono, Ontario, dated July 10, 1967. The Committee duly noted the contents thereof. Mr. W. riay Lycett, the agent, was invited to make his representations to the Committee and pointed out the following: Page 7 Meeting of Committee of Adjustment` July 31, 1967: (1) This is a family farm operation, in that Mr. Todd's son, Mr. Bruce Todd, is helping on the farm and at present resides in the family homestead with his wife and his parents. He wishes to build a home, close by, enabling him to live on the farm and continue to help his father. Mr. Todd's daughter and her fiance, Mr. Larry Sinclair, plan to marry early in the Fall and they also wish to build a home on the farm property and continue with the farm operation as a family project. Mr. K. Schoenmaker questioned Mr. Todd and established to the satisfaction of the Committee that this is a bona, fide farming operation. The Committee noted the following facts: (1) The applicant, Mr. Carl Todd, owns 180 acres in the Township of Clarke; rents 135 acres on a share crop basis, in the Township of Clarke and rents ranch land in the Township of Hope. (2) The dairy herd totals 25 cows and milk has been shipped from this farm for many years. (3) The crop consists of clover hay and grain. This matter was adjourned with the consent of the applicant and his agent to enable the Committee to inspect the property. The agent, Mr. W. Kay Lycett, will be notified, if in the opinion of the Committee, a survey will be required for the next meeting. CLASSIFICATION "E" Application File No, 74-67 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Zella May Graham, Owner, R.R. North, Orono, Ontario, for part of Lot 223, Con VII, Township of Clarke, Submission No. "B" 74-67-62 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 1701 x 1811 being approximately 0.71 acres in area from the applicant's land. The Secretary reported that 17 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 & Solicitor at Orono, appeared in support of this application. No other person appeared in support of, or in opposition to, this application. Mr. W. Kay Lycett B.A., was invited to make his representations to the Committee and pointed out the following: (1) This application concerns adjacent property owned by the same applicant Mrs. Zella May Graham j (ref. File 66-67-55). (2) This is a family farm on which two separate residences had been constructed prior to the By -Law; one occupied by the parents and one by their son Merrill Little Graham. (3) No separate deeds were obtained at the time of . construction. . . . . . . 0 . Page 8 Meeting of Committee.of Adjustment, July 31, 1967: (4) Mrs. Zella ta. Graham now wishes to give a separate deed to her son. The Committee were of the opinion that this was a bona fide dissolution of a family farm and that deeds were necessary to separate previously existing buildings. ,Application granted on motion of K. Scho'enmaker, seconded by E.R.Lovekin Carried. CLASSIFICATION "C" Application File No. 75-67 W. Kay Lycett B.A., ;Agent, Barrister & Solicitor, Orono, Ontario, Robert Morrow, Owner, R.R. #1, Newtonville, Ontario. for part of Lot Q,ConVp Submission N0.7547-9/ Application was made for exemption or partial exemption from provisions of Subdivision Control Dy -Law No. 1494 so as to permit the separation of a parcel of land approximately 200fx2l51 being approximately 439000 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. and Mrs. Robert Morrow, accompanied by the agent Mr. W. Kay Lycett B.A., Solicitor at Orono, appeared in support of this application. Also appearing in this matter were: Mr. Ronald Manning and Mrs. Linda Manning, R.R. #1 Newtonville, Ontario; Mr. Martin Manders Kendal, Ontario, representing his wife Mrs. Grace Manders and his son Mr. Larry Manders, 3 Ontario St., Port Hope, Ontario; Mr. Morley Robinson, R.R. #1 Newtonville, Ontario and Mr. Harold Souch, R.R. #1 Newtpnville, Ontario. Messrs. Manders, Robinson and Souch stated verbally that they had no objection to this application. Mr. and MTs. Ronald Meaning appeared as the proposed purchasers. 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 W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated July 18, 1967. The Committee duly noted the contents thereof. ,Mr. W. Kay Lycett B.A., the agent, was invited to make his representations to the Committee and pointed out the following: (1) The farm and all buildings, including the house on the subject land had, in fact, been purchased by two different parties, with the understanding that they could sever one of.the dwellings with a reasonable amount of land, and money had changed hands on this basis. (2) The applicants were willing to sever one dwelling with 10 acres of land, but the Farm Credit Corporation, who were giving a mortgage to the party retaining the agricultural unit, were not willing to permit 10 acres of land to be detached and added -to -the modern dwelling house. Farm Credit Corporation consider 10 acres of land, in that particular area, to be too big a deduction from the heart land of the farm. 0 . . . . 0 . . 0 Page 9 Meeting of Committee of Adjustment, July 319 1967: The Committee asked for documentary evidence from Farm Credit Corporation showing their unwillingness to consent to one of the houses on the property being located on a 10 acre parcel. This matter was adjourned, with the consent of the applicants and their agent to enable the Committee to inspect the property. CLASSIFICATION "B" General Business - The Committee added the following key index classification for all applications: "L" Easemen-ts, Leases and Public Utilities. It was moved by K. Schoenmaker, seconded by E. R. Lovekin that the Secretary.,correspond with Council, requesting the following payments be made in accordance with the 1967 budget. E. Richard Lovekin, Semi -Annual $175.00 K. Schoenmaker, Semi -Annual $150.00 H.E. Millson, Payment of Committee of Adjustment, 1967 Budget Provision, $400.00 Meeting adjourned at 12:30 a.m. 'Secretary -Treasurer MEETING of the COMMITTEE OF ADJUSTMENT for the TOWNSHIP OF CLARKE Monday, September 5, 1967 at 8:00 p.m. Council Chamber, Orono. Present: E.R. Lovekin, Chairman _ K. Schoenmaker, Member Mrs. Ellen id. Yeo, Secretary -Treasurer Minutes of meeting of July 31st, 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. Mr. Garnet B. Rickard, the applicant, appeared in support of this application. Nb other person appeared in support of, or in opposition to this application. Mr. Rickard presented argument in support of his application to the effect that the character of the area had been established as a 're'si'dential zone. The Committee pointed out to Mr. Rickard that the pending road application would close the road on which this property fronts.