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HomeMy WebLinkAbout11/04/1967MEETING of the COMMITTEE OF ADJUSTMENT for the TOWNSHIP OF CLARKE Saturday, November 4, 1967 at 5:00 p.m. Council Chamber, Orono. Present: E.R. Lovekin, Chairman, K. Schoenmaker, Member, Mrs. Ellen M. Yeo, Secretary -Treasurer Minutes of meeting of October 30, 1967 were approved as read, on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. 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 "B" 82-67-72 As business arising from the minutes of October 30, 1967 meeting, this application was presented for further consideration. No person appeared in support of, or in opposition to this application. The Committee visited this property on Saturday, November 4, 1967 at 9:.30 a.m. and, visual observation failing to reveal any significant facts prejudicial to the application, permission to sever was granted on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. CLASSIFICATION "K" Application File No. 83-67 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Ray Eugene Hoskin, Owner, R.R. #2, Oshawa, Ontario, for part of Lot 9, Con. VI, Township of Clarke, Submission No. "B" 83-67-73 As business arising from the minutes of October 30, 1967, meeting, this application was presented for further consideration. No person appeared in support of, or in opposition to this application. The Committee visited this property on Saturday, November 4, 1967 at 3:00 p.m. Mr. Brown, the proposed purchaser, who was resident on the property was located and pointed out the survey pins in the ground. The Committee noted the following facts:. (1) The area comprising the subject lands was approximately 31� full size lots. (2) These lots are shown on the old Wm. Murdock P.L.S. Plan of The Village of Kendal as Lot 5, Block "K"; the whole of Lots 4 and 5, Block "T" and Lot 4, Block "K". (3) The lot to be severed ran from Monck Street through to Mill Street and had a 132' frontage on Mill Street and 98' frontage on Monck Street. Page 2 Meeting of Committee of Adjustment, November 4, 1967: (4) The location of septic tanks and wells seemed to be quite satisfactory. (5) As far as visual observation could ascertain, there were no particular difficulties in topographical problems. The land appeared to be light land of high porosity. No surface drainage problems were noted, although recent weather conditions had been excessively damp and drainage problems existed in areas generally throughout the County. (6) An old type frame dwell.ng existed on the lands to be severed and a relatively new dwelling had been erected on adjacent property by Mr. Hoskin. The factual consideration would appear to place this case within the rule generally followed by the Committee that severances will be granted to give separate deeds to buildings erected before the passing of the By -Law. Application granted on motion by K. Schoenmaker and seconded by E.R. Lovekin. Carried. 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. VIII, Township of Clarke, Submission No. 7 As business arising from minutes of the meeting of October 30, 1967, this application was presented for further consideration. No person appeared in support of, or in oppositijn to this application. The Committee visited this property on Saturday, November 4, 1967 at 4:00 p.m. and Mr. John Cathcart, son of Mrs. Annie May Cathcart agreed to show the Committee the lands concerned. The Committee noted the following facts: (1) The topography indicated that a lot of the area of one acre would be feasible as the surrounding property was all low lying and unsuitable for construction. The house to be built would be located on a ridge of land which would be high and dry enough for a suitable location for a dwelling. The topography surrounding this one location was largely cedar swamp or low lying grazing land or cedar bush. (2) This application would appear to come within the general category of allowing separate severances to persons conducting an agricultural operatirn in order that members of their family could finance the building of individual homes while remaining on the farm homestead. (3) It was further noted, in this particular case, that the applicant was a widow, her husband having been % killed in a tractor accident only recently. The allegation that her sons had to remain on the farm to supply the labor force to continue the agricultural operation was then adequately documented by the facts of the case. Page 3 Meeting of Committee of Adjustment, November 4, 1967 (4) The Committee gave some consideration to requiring the applicant to increase the size of the lot to be given to the son who had not erected a home, but ruled out such consideration in view of the particular topography of the area. The Committee requested that the applicant's solicitor be advised to complete his application by submitting: C(1) A formal Plan of Survey prepared by an Ontario 'Land Surveyor, (2) A sworn Affidavit verifying that the sons intend to assist their mother on the farm, following the death of their father. This application was adjourned for further consideration at the next meeting. CLASSIFICATION "E" Application File No. 85-67 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Klass Douma, Owners, Sytske Douma, . R.R. 41, Orono, Ontario, for part of Lot 23, Con 111, Township of Clarke, Submission As business arising from the minutes of October 30, 1967 meeting, this application was presented forfarther consideration. No person appeared in support of, or in opposition to this application. The Committee visited this property on Saturday, November 4, 1967 at 1:30 p.m. The Committee noted the following facts: (1) The applicant had erected on his property a dwelling house and was also operating on an adjacent property a small woodworking business. (2) The land to the rear wase low lying and cedar swamp or bush was in the immediate area. (3) The applicant stated that his woodworking operation was seasonal and in order to supplement his income he wished to use the land near his home for the construction of a chicken house. To facilitate the financing of the chicken house, it would be necessary to obtain a separate deed of the property on which the chicken house was to be constructed. (4) No other homes existed in the immediate area which would be adversely affected by the operation of a chicken house, and the land on which the chicken house would be constructed did not appear to be highly valuable for any other purpose and the use of the land for this purpose would not create any health hazard or break up any contiguous holdings. (5) Farming operations were being carried on in the adjacent area and,generally, the basic character of the area was agricultural. . . 0 A . . . . . Page 4 Meeting of Committee of Adjustment, November 4, 1967: The Committee requested that the applicant's solicitor be advised to complete his application by submitting a formal Plan of Survey, prepared by an Ontario Land Surveyor, at which time the matter will 'be given further consideration. CLASSIFICATION "C" Application rile 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.'i,3' ,;� .47_7q As business arising from the minutes of October 30, 1967 meeting, this application was presented for further consideration. No person appeared in support of, or in opposition to this application. The Committee visited the pro;:erty on Saturday, November 4, 1967 at 9:00 a.m. Before going on to the property, the Committee visited the adjacent property owned by Mr. Howard Mood to request that he accompany them to the site to clarify his objection. Mr. Mood was not at home and the Committee discussed the matter with Mrs. Mood who made no representation other than the fact that the proposed use of the land would be noisy.if the gun club located there. The Committee noted the following facts: (1) As the property was approached, the access road in off the County road did not have proper ditches and that surface water tended to flow down the road causing ruts in the surface of the road. (2) The dwelling of Mr. Howard Mood was to the south and west of the proposed location of the shooting range. (3) There were no survey pegs in the ground on the land to be severed, but the area to be severed could readily be identified. In viewing the land the Committee gave further consideration to the following facts: (1) Access to the site was over a non public road. (2) There was an objection from a nearby owner in relation to the proposed use of the land. (3) The sketch prepared and submitted to the Committee for this case was adequate for a preliminary sketch, but it was decided to have the secretary advise the agent for the applicant that no formal survey that was not signed by an Ontario Land Surveyor would be acceptable under the Rules of Procedure adopted by the Committee. J (4) It was further decided that the applicant submit further argument considering the objection by the abutting owner, stating why he felt that his objection was not valid, if he was still of this opinion. This application was adjourned for further consideration at the next meeting. . . . CLASSIFICATION "M" • • • • • • • . Page 5 Meeting of Committee of Adjustment, November 4, 1967: Application File No. 87-67 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. V111, Township of Clarke, Submission No.'"�, C,7- j As business arising from the minutes of October 30, 1967 meeting, this application was presented for further consideration. No person appeared in support of, or in opposition to this application. The Committee visited the property on Saturday, November 4, 1967 at 4:00 p.m. Mr. John Cathcart was there and agreed to show the Committee the lands concerned. The Committee inspiected the property and found a 2 storey dwelling approximately 36' x 211. Underground electric wiring serviced the house, but outdoor plumbing facilities were in evidence. 1 The property was complete%fenced with a 7 strand #9 guage Page Wire Fence on wooden -posts. There was adequate visible evidence to support the allegation that the dwelling had been there previous to the passing of the By -Law, judging by the growth of grass, the age of the fence that completely surrounded the property, and other such features on the ground. The Committee noted the following facts: (1) Visual observation failed to reveal any significant facts prejudicial to this application. (2) This application would appear to fall within the general category of a pre-existing building moved onto the site before the passing of the By -Law whereby inadvertently a separate deed had not been ,obtained. The Committee, requested that the applicant's solicitor be advised to complete his application by submitting: (1) A formal Plan of Survey prepared by an Ontario Land Surveyor. (2) A sworn Affidavit verifying that the sons intend to assist their mother on the farm, following the death of their father. This application was adjourned for further consideration at the next meeting. CLASSIFICATION "E" Meeting adjourned at 7:00 p.m. 6-.Lt� 71J. �. Secretary -Treasurer