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HomeMy WebLinkAbout09/05/1967Page 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. Page 2 Meeting of Committee of Adjustment, September 5, 1967: Mr. Rickard stated that he had the intention to sell a lot in this area to buyers who had shown interest in the area, but admitted that he had no documentary evidence to support this allegation. .This application was adjourned with the consent of the applicant to enable the Committee to inspect the property at a time to be arranged between Mr. Schoenmaker and IVir. Rickard in the forthcoming week. CLASSIFICATION "C" I Application File No. 72-67 The Hydro -Electric Power, Commission of Ontario, Agent, 620 University Avenue, Toronto 2, Ontario, Kirkstone Limited, Owner, Newtonville, Ontario, for part of Lot 50 Con II, Township of Clarke, Submission No. "B"72-67-63 As business arising from minutes of the last meeting, this application was considered. Mr. J.Ni. Shedden of Ontario Hydro, 620 University Avenue, Toronto 2, 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 Ontario Hydro, 620 University Avenue, Toronto 2, dated August 14, 1967; (2) A print of Department of Highways, Ontario, Plan JP -2001-22. (3) A copy of a section of the roll plan showing the transmission line in relation to Highway Number 2. Mr. Shedden advanced the following submissions, (1) The proposed easement is a renewal of easement rights covering a twin pole transmission line constructed approximately 40 years ago. The original Easement taken in 1927 covered a 66 foot strip of land lying 33 feet on each side of the centre line of the Hydro transmission line. The new Easement will cover the same width of right-of-way. There will be no change whatsoever and no additional cutting done. (2) A military map was submitted, showing the line was produced to show its proximity to the property of one John Goy, 173 Garden Avenue, Toronto 3, Ontario. (3) Mr. Shedden stated he was acting as agent for Kirkstone Limited, Newtonville, Ontario, and that they had full knowledge of the matter and concurred as evidenced by the -signed authorization filed with the application. The Committee noted the following facts; (1) Mr. John Goy did not attend this hearing but had attended J the last meeting held on Monday July 31, 1967. The Secretary reported that she notified Mr. John Goy of this meeting by letter dated August 25, 1967 and had also included an excerpt from the letter received from Ontario Hydro, August 14, 1967, that this easement would not affect his lands in any way. Page 3 Meeting of Committee of Adjustment, September 5, 1967: (2) 'The line not being changed in any material aspect, it was assumed that the Department of Highways, Ontario, would not be'concerned, and no Department of Highways representative being present, the Committee proceeded to dispose of`the matter. Application granted on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. CLASSIFICATION "L" Application File 73-67 W. Kay 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. "B" 73-67-120 As business arising from the minutes of past meeting 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. As e matter of record, the Committee visited the property on Tuesday, August 8, 196q and noted the following facts; (1) The topography of the land in the immediate area would not lend itself to the construction of two houses, as there would not be adequate sideyard.between the houses and wet spots or low lying areas confined building to a ridge line. (2) The area indicated by the applicant had a ruined foundation and had obviously been the site of one set of previously existing buildings with a useable well. (3) There appeared to be no reason why a 10 acre lot could not be located in the area as adequate farm land existed for such a division. (4) There was no doubt in the Committee►s mind that the applicant was operating a bona fide farming operation on a fairly large scale. (5) The Committee believe that a lot could be created on the site of the former buildings, but would have to be a minimum of 1 acre in size with at least 1501 frontage on an established road. The Committee considered this application on the basis of previous decisions wherein they are prepared to grant a severance in a situation where there is a father and son relationship in the operation of a bona fide farm. The Committee were also of the opinion that one site is satisfactory, but a second severance would have to be the subject of` a separate application. This application was tabled until a survey could be prepared and presented to the 'Committee for their final decision. CLASSIFICATION "E" Page 4 Meeting of Committee(of Adjustment, September 5, 1967: Application File No. 75-67 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Robert Morrow, Owner, R.R. #l, Newtonville, Ontario, for part of Lot V, Con. V, Submission No. As business arising from minutes of the last meeting, this application was considered. 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. As,a matter of record, the Committee visited the property on Tuesday, August 8, 1967 and noted the following facts: (1) An existing dwelling fully completed, was applicant. of a very high standard, being lived in by the (2) Generally, the situation on the ground confirmed all the presentations made by the agent -in the application. Mr. 71. Kay Lycett B.A., Barrister & Solicitor at Orono, agent for the applicant, presented a photostat copy, to be retained in our files, of the original letter from Farm Credit Corporation, 20 Eglinton Avenue East, Toronto 12, Ontario, to the effect that the Corporation would not release any land in excess of one acre to accompany the residence constructed. The Committee considered the following facts: (1) The residence to be conveyed was constructed before the Bylaw was passed. (2) No solution could be found to the division of the property except by conveying the residence on one acre of land, which is the maximum allowed by Farm Credit Corporation. (3) The Committee noted, for the record, that the necessity of creating a one acre lot was the result of a requirement made by a third party, namely, Farm Credit Corporation and if the severance was not granted its effect would be to frustrate an existing contract. This application was tabled until a survey could be prepared and presented to the Committee for their final decision. CLASSIFICATION "B" Application File No. 76-67 Messrs. Strike & Strike, Agent, Barristers & Solicitors, Box 7, Bowmanville, Ontario, Bruce Franklin Elliott, Newtonville P.O., Ontario, for part of Lot III, Con II, Township of Clarke, Submission No. "B"76-67-64 • -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 being approximately 1071x96'9 being approximately 0.233 acres from the applicant's land. Page 5 Meeting of Committee of Adjustment, September 5, 1967: The Secretary reported that 12 notices of the said hearing had been mailed in accordance with item 4 of the Rules of Procedure. Mr. Robert DeWayne Elliott and Mrs. Mary Elizabeth Elliott, of Newtonville, 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 folloiring material to the meeting: (1) Correspondence from Messrs. Strike & Strike, Barristers & Solicitors, at Bowmanville, Ontario. The Committee duly noted the contents thereof. (2) A Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated May 19, 1967 and numbered 67034. Mr. Robert DeWayne Elliott discussed the`details of the application with the Committee, at which time, he mentioned that they sought to add a small parcel to an existing holding for the purpose of squaring off their property, which would now run from road allowance to road allowance (unopened). He also stated that the land being added was of no great'value, being low and swampy. This application was granted with the sole restriction that the deed be registered in the names of the present owners under instrument No. N33816, so that the parcels merge. Application granted on motion of K. Schoenmaker, seconded by E.R. Lovekin. Carried. CLASSIFICATION "lift Application File'No. 77-67 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Stinson 0. Martin, Margaret Martin, Owners, R.R. #2, Orono, Ontario, for part of Lot 28, Con V, Township of Clarke, Submission No. 77-67-65 Application File No. 77"A"-67 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Stinson 0. Martin, Margaret Martin, Owners, R.R. 1#2; Orono, Ontario,' for part of Lot 28, Con V, Township of Clarke, Submission No. 77"A"-67-66 Application File No. 78-67 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Stinson O. Martin, Margaret Martin, Owners, R.R. J2, Orono, Ontario, for part of Lot 28, Con V, Township of Clarke, Submission No. 78-67-67 Applications were made for exemptions or partial exemptions from provisions of Subdivision Control By -Law 1306, so as to permit the separation of parcels of land approximately 240'x673' being approximately 1610520 square feet; and 10' x 673.6' bein4 approximately 0.155 acres from the applicants' land. . . . . . . . 0 Page 6 Meeting of Committee of Adjustment, September 5, 1967: The Secretary reported that 35 notices of the said hearings had been mailed in accordance with Item 4 of The Rules of Procedure. 'Mr. Stinson 0. Martin, the applicant, accompanied,by his agent, IN. Kay Lycett B.A., Solicitor at Orono 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: i (1) Correspondence from W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated August 11th, 1967. The Committee duly noted the contents., (2) A Plan of Survey prepared, by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated September 1, 1967, and numbered 67020"A". The Committee noted the following facts, This is really a triple pronged application, covering (a) a 2401 frontage severance to be sub -divided into two lots of 1201 each, by an amended application (cross ref. Decision "B" 64-67-53); and (b) A 101 addition to be added to the property of one Donald Lycett (cross ref. Decision "B" 55-67-44). Mr. IV. Kay Lycett advanced the following submissions: (1) On behalf of his client Mr. Stinson 0. Martin he had applied for the severanbe of the 240?, but the purchaser in the Agreement of Purchase and Sale wished to take title to two 120? lots. Mr. Lycett also stated that he would undertake to submit the necessary documentation to make three complete and separate applications. The•Committee pointed out that they could only consider the material currently before them and permission to sever a 2401 frontage lot was given, with -leave to the Agent to amend his application to read two 1201 lots and to advance viva voce arguments as to why such an amended application should be granted, to obviate•the necessity of the re -appearance of the parties, if the Committee considered the arguments valid as presented. The applicant Mr. Stinson 0. IJiartin then proceeded to advance his arguments. The application for severance of a parcel having a road frontage of 101 with a depth of 673.61 is being conveyed to Mr. and Mrs. Donald Lycett, who presently own property to the south. The purpose of this additional parcel is merely to enlarge Mr, and Mrs. Lycettls present holding. - The Committee were of the opinion that this area, as the cross referenced files show, is a very particular situation. The location of the lands in relation to the Police Village of Orono and the character of the areatis such that 1201 frontage lots of 6731 in depth is both desirable and acceptable. The Committee directed the Secretary as follows: (1) To record this decision in identical terms as the decision on all the matters pending before the Committee, which in effect, is 3 applications, one for a 101 addition and 2 applications for lots ,of 1201 frontage. Page 7 Meeting of Committee of Adjustment, September 5, 1961: (2) For the reasons given in similar applications in the area, permission is granted to deed the lands in 3 separate parcels of 10t; 120►; and 1201. Applications granted on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. CLASSIFICATION "J" Application File No. 79-67 W. Kay Lycett, B.A., Agent, Barrister & Solicitor, Orono, Ontario, Richard Manning, Owner, R.R. #l, Kendal, Ontario, for part of Lot 9, Con VI, Township of Clarke, Submission "B" 79-67-68 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 being approximately 15+ x 1801, being approximately 2,700 square feet from the applicantts land. The Secretary reported that 13 notices of the said hearing had been mailed in accordance with item 4 of the Rules of Procedure. W. Kay Lycett B.A., Barrister & Solicitor at Orono, Ontario, agent for the applicant and Mr. Keith Wood, R.R. #1, Kendal 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 W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario; dated August 15, 1967. The Committee duly noted the contents thereof. (2) A photostat copy of a plan of survey, prepared by J.L. Sylvester, Ontario Land Surveyor, Port Hope, Ontario, dated July 30, 19b2 and numbered 62078. Mr. W. Kay Lycett B.A., agent for the applicant advanced the following submissions: (1) This application is for permission to convey an easement. (2) The easement was set out in Agreement of Purchase and Sale, dated July 5, 1962. Mr. W.: Kay Lycett B.A., presented the aforementioned document for the Committees perusal and at the same time stated that the party granting the easement now had reservations about the granting of a perpetual easement. The Committee were of the opinion that this was a clear case of a previously existing arrangement, properly documented and supported by Idr. Lycett's oral testimony that failure to register the right-of-way which created the problem was an oversight and there was no suggestion• that this was a conspiracy to frustrate the intention of the By -Law. Application granted on motion by X. Schoenmaker, seconded by E , Iovikin.' -Carried. CLASSIFICATION "K" Meeting adjourned at 11:45 p.m. J Secretary -Treasurer, .G