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HomeMy WebLinkAbout10/30/1967Page 4 , October 2 1967: Meeting of Committeeof Adjustment, (1) This property and two other adjacent properties, while they were still vacant were purchased by one Mr. Floyd Nicholson of Orono in the year 1964 and at that time three separate conveyances were received by Mr. Nicholson and each conveyance was consented to by the -local Planning Board of the Township of Clarke. Sub- sequently, Ivir. Nicholson erected houses on each of the lands and conveyed them to various purchasers, one being Mr. & Mrs. Vowles. (2J The problem involved at the present time is, that since the year 1964 certain amendments have been made -to the Planning Act which have the effect of requiring the consent of the Committee of Adjustments, at the present time, in a situation where two lots adjoining one another, even though separate conveyances were received at an earlier date for these adjacent properties, and even though the consent of the Planning Board had been ob- tained. (3) Another point in fact in this present situation is that by the time the consent was given by the Planning Board in 1964, the Planning Act was amended with provisions giving the authority to grant severances to a Committee of Adjustment, rather than the Planning Board which previously had jurisdiction in these matters. (4) Due to the fact of a requisition being raised on title by the solicitor for the present purchaser of these lands from Ivir. & IVtrs. Vowles, this application has become necessary. On the particular facts of this application, permission to sever was granted on motion by K.-Schoenmaker, seconded by E.R. Lovekin. Carried. CLASSIFICATION "K" Meeting adjourned at 10:30 p.m. J Secretary -Treasurer MEETING of the COMMITTEE OF ADJUSTMENT for the TOWNSHIP OF CLARKE Monday, October 30, 1967 at 8:00 p.m. Council Chamber, Orono. Present: E.R. Lovekin, Chairman, K. Schoenmaker, Member, Mrs. Ellen M. Yeo, Secretary -Treasurer Minutes of meeting of October 2, 1967 were approved as read, on motion by K. Schoenmaker, seconded by E.R. Lovekin.CRrried. It was moved by K. Schoenmaker and seconded by E.R. Lovekin that the Rules of Procedure be revised to change the fee for residential applications from $15.00 to $25.00, subject to the approval of the Minister of Municipal Affairs. Carried. Page 2 Meeting of Committee of Adjustment, October 30, 19674 Application File No. 57-67 Garnet B. Rickard, Owner, R.R. #4, Bowmanville, Ontario, for part of Lot 35, Con 11, Township of Clarke, Submission No. As business arising from the minutes of past meetings, this application was presented for further consideration. No person appeared in support of, or in opposition to this application. The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from H.E. Millson, Clerk, of the Township of Clarke, dated October 23, 1967. The Committee duly noted the contents thereof.to the effect that the road closing had been postponed pending the outcome of this application. The Committee carefully considered the allegation by the applicant that there was an intention to sell a lot in this area previous to the passing of the By -Law. If any documentation existed by way of an agreement, a receipted cheque or any such independent documentation, careful consideration would have been given to any such submission. While the Committee believe that a sale of property in the area was seriously contemplated by the applicant, the rule that only documented matters can be considered as exceptions must.be followed if certainty is to exist. The original purpose of this rule was to give effect to deeds prepared but not registered through oversight, deeds following agreements for sale, completed options etc. and the general rule is already stretch_"to cover many situations. To extend it to indefinite oral contracts would be to extend it beyond practical limits, The Committee considered the area where the severance was,to be made. To the north, several lots have been created but these lots face an old Highway #2 which has a hard surface. The proposed new lot faces on a road allowance fenced in by an abutting owner, but it was a road that could be opened. The granting of a new lot in this location would also be near an existing low lying drainage area. Several potential lots in the immediate area were much more suitably located, particularly, in relation to existing roads. Because of the fact that suitable roads exist in, this area and Highway #115 severed small parcels of land and dead ended the old Highway #2, the area might be considered suitable for small holdings at some future date, but present policy does not justify any decision that would encourage small holdings of minimal lot size in this exact location at this time. There being no apparent further factual submissions by the applicant, this application was refused for the reasons stated above on motion by K. Schoenmaker, 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 V, Con. V, Township of. Clarke, Submission No. "B" 75-67-71 As business arising from minutes of the past meetings, 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. Page 3 Meeting of Committee of Adjustment, October 30, 1967: W. Kay Lycett B.A., Barrister & Solicitor, Orono, presented the following material to the meeting: (1) A Plan of Survey, prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated October 25, 1967 and numbered 67093• The Committee noted the following facts: (1) The detail shown on the said Plan of Survey. (2)The Committee reviewed the minutes of July 31st, September 5th and October 2nd meetings and were of the opinion that the applicant had complied with the conditions previously imposed by the Committee. Application granted on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. CLASSIFICATION "B" Application File No.'82-67 W. Kay Lycett B.A., Agent, Barrister.& Solicitor, Orono, Ontario, Robert Allison Cowan, Owner, 87 Fenn Avenue, Willowdale, Ontario, for part of Lot 31, Con. V. Township of Clarke, Submission No. "B" 82-67-72 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 100' x 2001, being approximately 20,000 square feet from the applicants land. The Secretary reported that 14 notices of the said hearing had been mailed in accordance with item 4 of the Rules of Procedure. W. Kay Lycett B.A., Barrister and Solicitor at Orono, agent for the applicant, and Mr. L.J. Haas, R.R. #1, Orono, Ontario, the proposed purchaser, 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 & Solicitorr Orono, Ontario, dated September 26, 1967. The Committee duly noted the contents thereof. (2) A photostat copy of an original Plan of Survey, as -prepared by Donevan & Fleischmann, Land.Surveying & Engineering, Oshawa, Ontario, under Job #8780, dated August 26, 1960. The Committee considered the following facts: (1) This application is for another lot on the edge of the Village of Orono. (2) The Committee studied their decision of June 28, 1967 (ref. file "B"-69-67-57) and the reasons stated therein. (3) The Committee noted that a Plan of Survey dated 26th August 1960 shows this area as a lot. (4) The character of the area is established. (5) W. Kay Lycett B.A., requested that the dimensions of the lot be amended to read 100' x 150' rather than 100' x 200' as shown on the application. This would keep the lot similar in size and configuration to adjacent lots. The Committee Page 4 Meeting of Committee of Adjustment, October 30, 1967:. granted the amendment and directed that the application be treated as amended. This application was adjourned to enable the Committee to visit the property. CLASSIFICATION "K" Application File No. 83-67 W. Kay Lycett B.A., regent, Barrister & Solicitor, Orono, Ontario, Ray Eugene Hoskin; Owner, R.R. #2, Oshawa, Ontario, for part of Lot 9, Con. 6, Township of Clarke, Submission No.,' [-J3 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 115',x 330' being approximately 0.87 acres in area from the applicant's land. .Mr. Ray Eugene Hoskin, R.R. #2, Oshawa, Ontario, accompanied by his agent,,W. Kay Lycett B.A., Barrister & Solicitor at Orono, Mr. Harold Brown, Kendal, Ontario, the proposed purchaser and Mr. Roy Patton, Orono, Ontario, Secretary of The Loyal Orange Lodge #405, 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 letter to the meeting: .(1) W: Kay Lycett B.A., Barrister & Solieitor, Orono, Ontario, dated October 5, 1967. The Committee duly noted the contents thereof. (2) A Plan of Survey, prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated October 2nd, 1967 and numbered 67090. The.Secretary reported that 21 notices of the said hearing had been mailed in accordance with Item 4 of the Rules of Procedure. The Committee noted that this property is in a built up area in the Village of Kendal and with the consent of the applicant, this application was adjourned to enable the Committee to inspect the property before giving their final decision. CLASSIFICATION "A" Application File No. 84-67 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Annie May Cathcart, Owner, R.R. #1, Kendal, Ontario, for part of Lot 7, Con Vlll, Township of Clarke, Submission 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 200' x 215' being approximately 43,000 square feet from the applicant's land. i Page 5 Meeting of Committee of Adjustment, October 30, 1967: The Secretary reported that 20 notices of the said hearing had been mailed in accordance with Item 4 -of the Rules of Procedure. Mrs. Annie May Cathcart, Kendal, Ontario, accompanied by her agent, W. Kay Lycett B.A., Barrister & Soldcitor at Orono, Mrs. Anne Cathcart, Mr. John Cathcart, Mr. Bruce Cathcart and Mr. Douglas Cathcart all of 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 October 13, 1967. The Committee duly noted the contents. W. Kay Lycett B.A., Barrister & Solicitor, agent for the applicant advanced the following submissions: (1) Mrs. Cathcart has been widowed recently a4d this has now become a family farm operation in that her son, Mr. John Cathcart, although a full time truck driver employed -elsewhere, assists with the farm work. (2) The proposed lot is to have a frontage of 200' on the Township road which runs through said Lot 7. (3) Mr. John Cathcart wishes to build a dwelling house on the subject lands thus enabling him to live on the farm and be of greater assistance to his mother. The Committee considered all the facts pertaining to this application and suggested to Mr. W. Kay Lycett B.A., that they would dike an -affidavit submitted to the effect that the son has carried on with the family farming operation and intends to continue in the future to assist his mother. The Committee indicated -that they would view the property and with the consent of the applicant, the matter was adjourned. CLASSIFICATION "E" Application bile No. 85-67 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Klaas Douma, Owners, Sytske Douma, R.R. W1, Orono, Ontario. for part of Lot 23, Con. 111, Township of Clarke, Submission '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 100' x 1320' being` approximately 132,000 square feet in'arealfrom 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. and Mrs. Klaas Douma, accompanied by their agent W. Kay Lycett B.A., Barrister & Solicitor at Orono, and Mr. Ronald E. Stephenson, R.R. rl, Orono, 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: Page 6 Meeting of Committee Of Adjustment, October 30, 1967: (1) Corresponden-ce from W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated October 13, 1967. The Committee duly noted the contents thereof. (2) *A photostat copy of part of a Plan of Survey `showing an outline of the subject land. Mr. W. Kay Lycett B.A., the agent, was invited to make hi's representations to the Committee and pointed out the following: (1) The present holding has a frontage along the road allowance between Concessions 3 and 4 of 200' and has a depth of 13201. It is the desire of the applicants to split this parcel into two separate parcels, each containing a frontage of 100' and a full depth of 13201. (2) Mr. Douma has erected a workshop upon one of the intended parcels and carries on his trade as a carpenter. (3) The dwelling house of Mr. and Mrs. Douma is erected on the other parcel and it is on this property that they wish to erect a chicken house of some considerable size and enter into the business of raising chickens. This application was adjourned with the consent of the applicants to enable the Committee to visit the property before giving their final decision. CLASSIFICATION "C" Application File No. 86-67 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Fred Berry, Owner, R.R. #1, Ida, Ontario, for part of Lot 33, Con.Vll, Township of Clarke, Submission No.`s"sr• i i" Application was made for exemption or partial exemption fronf provisions of Subdivision Control By -Law No. 1494 so as to permit the separation of a parcel of land approximately 701.67' x 339.33' being approximately 238,097.68 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. Fred Berry, accompanied by his agent, W. Kay Lycett B.A., Barrister & Solicitor at Orono, and Mr. Vance Allen, President, Mr. Marvin Lunn, Secretary, both representing the Orono Fish and Hunt Club, Mr. Kenneth Moore, R.R. #2, North Orono, Ontario, appeared in'support of the application. Mr. Howard Mood, R.R. #2, Orono, Ontario, appeared in opposition to 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 October 20, 1967. The Committee duly noted the contents. Page 7 Meeting of Committee of Adjustment, October 30, 1967: (2) A photostat copy of part of the original Plan of Survey, purported to be checked by one M.H. Lunn, Surveys Dept. Highways, dated October 19, 1967. The original Plan of Survey was prepared by Donevan and Fleischmann, Ontario Land Surveyors of Oshawa, Ontario, dated July 30, 1964 and being Job No. 12202. Mr. W. Kay Lycett B.A., the agent for the applicant advanced the following submissions: (1) Mr. Fred Berry is seeking permission to sell a portion of his land to the Orono Fish and Hunt Club. The Turpose for which the subject land is to be used is that of a shooting range. (2) Access to this property will be over a right-of-way already in existence and used by the present owner 'and other owners of adjacent lands as a hauling road. (3) The parcel in question will have a frontage along an unopened road allowance of 701.67' and a depth of 339.33'• (4) The area in o_uestion is considered an appropriate spot for this use and the adjoining owners had been notified and none had indicated their disapproval of the site. (5) There are approximately 33 members in the Club, and this shooting range will be used during the week -ends. Mr. Howard Mood of R.R. ##2, Orono was requested to state his opposition to this application. Mr. Mood stated that his chief objection was the noise of the guns. The shooting off of one gun spasmodically can be tolerated, but when thirty-three or more are being used for a number of hours at a time, the resultant noise call be very distressing. Mr. Mood felt very strongly that he had bought his property in anticipation of peace and quiet and was definitely against a shooting range being allowed. This application was adjourned with to enable the Committee to visit the final decision. CLASSIFICATION "M" Application File No. 87-67 the consent of the applicant property before giving their W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Annie May Cathcart, Owner, R.R. ##1, Kendal, Ontario, for part of Lot 7, Con. V111, Township of Clarke, Submission No."/3" F?--( �y Application was made for exemption or partial exemp=tion from provisions of Subdivision Control By -Law No. 1494 so as to permit the separation of a parcel of land being approximately 200' x 215' being approximately 43,000 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. Page 8 Meeting of Committee of Adjustment, October 30, 1967: Mrs. Annie,May Cathcart, Kendal, Ontario, accompanied by her agent, W. Kay Lycett B.A., Barrister & Solicitor`at Orono, Mrs. Anne Cathcart, Mr. John Cathcart, Mr. Douglas Cathcart, Mr. Bruce Cathcart all of 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 October 20, 1967. The Committee duly noted the contents. Mr. W. Kay Lycett B.A., advanced the following submissions: (1) This application concerns the same lot and concession in the Township of Clarke as Application File No. 84-67. (2) Mrs. Ca.thcart's son, Mr. Douglas Cathcart of Kendal, Ontario, is involved in this situation in that a house from another locale was moved to the farm property and was erected and occupied by Mr. Cathcart prior to the passing of the local subdivision control by-law. (3) Mr. Cathcart is employed full time in carrying on his mother's farming business and desires the proposed conveyance that he may continue on residing in the very near vicinity of his work. Mr. W. Kay Lycett stated that he had been advised and he did believe that it was only through inadvertance that a conveyance of the subject lands was not made to the son prior to the erection of the house,' or at least shortly after. The Committee considered all the facts as presented and were'of the opinion that Mrs. Cathcart does in fact require the help of her sons to carry on with the family farm operation which can only be done if her sons are allowed to reside,on the farm property. This application was adjourned with the consent of the applicant to enable the Committee to visit the property and to await submission of a survey before giving their final decision. CLASSIFICATION "E" General Business - The Committee added the following key index classification for all applications: "M" Recreation Meeting adjourned at 12:00 p.m. Secretary -Treasurer _J