Loading...
HomeMy WebLinkAbout11/27/19676 MEETING of the COMMITTEE OF ADJUSTMENT for the TOWNSHIP OF CLARKE Monday, November 27, 19677 6 at 8:00 p.m. Council Chamber, Orono. Present: E.R. Lovekin, Chairman, K. Schoenmaker, Member, Mrs. Ellen M. Yeo, Secretary -Treasurer, A.A. Low, Secretary, Clarke Planning Board, Observer. Minutes of meeting of November 4, 1967 were approved as read, on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. Application File No. 84-67 W. Kay Lycett B.A., Agent, Barrister & Solic-itor, Orono, Ontario, Annie May Cathcart, Owner, R.R. #1, Kendal, Ontario, f'or part of Lot 7, Con. V=, Township of Clarke, Submission 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. Mr. [T. Kay Lycett stated that he was unable to submit a Plan of Survey at this time. The Committee adjourned the hearing of this application sine die, with the consent of the agent for the applicant, until a Plan of Survey becomes available for presentation to the Committee for their formal decision. CLASSIFICATION "E" Application File No. 85-67 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Klaas Douma, Owners, Sytske Douma, R.R. #l, Orono, Ontario, for part of Lot 23, Con. III, Township of Clarke, Submission No. "B" 85-67-74 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 applicants, appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr. W. Kay Lycett presented the following material to the meeting: (1) A Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated November 22, 1967 and numbered 67106. The Committee noted the following facts: (1) The detail shown on the said Plan of Survey. (2) The Committee reviewed the minutes of October 30, and November 4, 1967 meetings and were of the opinion that the applicants had complied with the conditions previously imposed by the Committee. (3) The Committee, in review of all the facts, concluded Page 2 Meeting of Committee of Adjustment, November 27, 1967. that this case stood on its own particular facts and the need for the severance was in effect a division of commercial.and farming properties. The residence and agricultural buildings would be one piece of land and the small commercial property, a woodworking factory on a separate lot. At this time the agricultural aspect was being enlarged, the woodworking business, already in exist- ence, would remain as it existed and probably will, in the future, become a non -conforming use. Normally one would expect that the woodworking business would be operated by a limited company and since this, in law, would be a separate entity, no severance would be necessary as the corporate entity would not be the same legal entity as the man who owned it. No new dwellings were to be erected and in effect very little physical change would result in the granting of the severance. The effect of the severance would be a clarification of the'land situation in the sense that each land unit could then be treated as a separate homogeneous entity. In any future planning the two properties would be zoned differently, one agricultural and one industrial and the creatipn cf the clear dichotomy at this time was felt to be both logical and practical. (4) The prime motivation for the application was to enable the owner to finance his enterprises with separate agricultural and industrial mortgages. The Committee would not consider economic reasons as justifying a severance but conversely there is no necessity to refuse an application otherwise valid, simply because it may be financially beneficial to the applicant... The matter is mentioned solely to clarify the point that the Committee will not consider economic advantage to any applicant as justification for a severance and this decision should not be.so construed. Application granted on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. 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. VII, Township of Clarke, Submission No. As business arising from minutes of the past meetings, this application was presented for further consideration. Mr. Fred Berry, accompanied by his agent, W. Kay" Lycett B.A., Barrister & Solicitor at Orono, Mr. Vance Allen, President, Mr. Marvin ,Lunn, Secretary and Mr. James Ard, all representing the Orono Fish and Hunt Club, appeared in support of this application. No other person appeared in support of, or in opposition to this application. The Committee noted the following facts: (1) Mr. Howard Mood, R.R. 42, North Orono, Ontario did riot appear at the meeting to submit further objections to this application. The Secretary was requested to write a letter to Mr. Mood, giving him a copy of this interim decision and informing him of the next meeting to give him the opportunity to fully outline his objections. P a g e 3 Meeting of Committee of Adjustment, November 27, 1967: (2) Mr. Lycett stated that there was an error in the survey previously submitted and requested that he be allowed to amend his application accordingly. The Committee consented to his request and pointed out that all surveys to be finally acceptable must be signed by an Ontario Land Surveyor, but interim sketches may be prepared by anyone. (3) Mr. Lycett stated that a Plan of Survey is being, prepared by a qualified Ontario Land Surveyor, and he will present this to the Committee as soon as completed. (4) The noise problem apparently objected to by Mr. Howard Mood would appear to be minimal for topographical reasons, namely, a ridge of land exists between the proposed range and the house. (5) It was noted that the subject land was for recreational purposes only and the same activity could validly be carried on if the land was leased. There is no land use restrictions in force in the Township of Clarke at this time. This application was adjourned with the consent of the applicant until a Plan of Survey and an amended application is presented to the Committee for their formal decision. CLASSIFICATION "M" 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. VIII, Township of Clarke, Submission No.Ng" 87-67-79 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 $n support of, or in opposition to this application. Mr. W. Kay Lycett stated that he was unable to submit a Plan of Survey at this time. The Committee adjourned the hearing of this application sine die, with the consent of the agent for the applicant, until. a Plan of Survey becomes available for presentation to the Committee for their formal decision. CLASSIFICATION "E" Application File No. 88-67 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Frederick W. Winn, Owner, Kendal, Ontario, for part of Lot 5, Con. VIII, Township of Clarke, Submission No."B"88-67-87 Application was made for exemption or partial exemption from provisions of Sub -Division Control By -Law No. 1494, so as to permit the separation of a parcel of land approximately 200' x 215' being approximately one acre, from the applicant's land. Page 4 Meeting of Committee of Adjustment, November 27, 196% The Secretary reported that 16 notices of the said hearing had been mailed in accordance 4th Item 4 of The Rules of Procedure. Mr. Frederick W. Winn, Kendal, Ontario, accompanied by his agent 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. The Secretary -Treasurer presented the following material to the �-,meeting: < (1) Correspondence from W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario,_dated October 25, 1967. The Committee duly noted the contents thereof. W. Kay Lycett B.A., Barrister & Solicitor, agent for the applicant advanced the following submissions: (1) Mr. Winn owns a farm of 160 acres and it is'his desire to sell the farm as a 159 acre unit and retain one acre, the parcel applied for, for his own use as a residential property. (2)` Mr. Winn has carried on a full time farming operation on the property for some 49 years and now at the age of 64 years, feels that he would like to retire and also remain on the same property where he has lived for so many years. (3) The Committee indicated that they would view the property and with the consent of the applicant this application was adjourned. CLASSIFICATION "E" Application File No. 89-67 • Ronald L. Swartz B.A.L.L.B. Barrister & Solicitor, Agent, 26h King Street E., Oshawa, Ontario, Charles Wesley McNeil, Owner, R.R. 42, Newcastle, Ontario, for part of Lot 161, Con. III, Township of Clarke, Submission No. "B" 89-67-75 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 118' x 184' being approximately '0.50 acres from the applicant's land. The Secretary reported that 21 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Miss Eileen A. Blackwell, Title Searcher for Messrs. Swartz & Swartz, Barristers & Solicitors, 26h King Street E., Oshawa, Ontario, agent for the applicant and Mr. Robert James Golder, R.R. #2 Newcastle, Ontario, Mr. Henry Raczkowski, R.R. #2 Newcastle, 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 Ronald L. Swartz B.A., L.L.B., Barrister & Solicitor, 26Z King Street E., Oshawa Ontario, dated November 13, 1967. The Committee duly noted the contents thereof. (2) A photostat copy of a Plan of Survey prepared by Donevan & Fleischman, Ontario Land Surveyors, dated August 12, 1966 and being Job #14768. Miss Eileen A. Blackwell as agent for the applicant made the following submissions: (1) This land was originally conveyed to one John M. Page 5 Meeting of Committee of Adjustment, November 27, 1967: Thompson by deed #16634 dated 7 October, 1955, registered 13 October 1955 and has subsequently been sold to Charles Wesley McNeil by deed #N16123 registered 9 March, 1962. A recent survey of the property shows that original deed had an incorrect commencing point and this application is made to correct the error in the above mentioned conveyances. Upon perusal of the material supplied the Committee decided that the application was bona fide and made solely for the purpose of correcting title, the problem having been occasinned by a surveyor's error. a , Application granted on motion by K. Schoenmaker and seconded by E.R. Lovekin. Carried. CLASSIFICATION "C" Application Fiie No. 90-67 Ronald L. Swartz B.A.L.L.B. Barrister & Solicitor,Agent, 262 King Street E., Oshawa, Ontario, Robert James Golder, Owners, Joan Natalia Golder, R.R. #2, Newcastle, Ontario, for part of Lot 16, Con. III, Township of Clarke, Submission No. "B" 90-67-76 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 330' x 664' being approximately 5.03 acres from the applicants' land. The Secretary reported that 21 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of�Procedure. Mr. Robert James Golder, R.R. #2 Newcastle, Ontario, accompanied by Miss Eileen A. Blackwell, Title Searcher for Messrs. Swartz & Swartz, Barristers & Solicitors, 2612 King Street E., Oshawa, Ontario, as agent, and Mr. Henry Raczkowski, R.R. 42, Newcastle, Ontario, appeared in support of this application. No other r:erson appeared in support of, or in ,opposition to this application. The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from Ronald L. Swartz B.A., L.L.B., Barrister & Solicitor, 262 King Street E., Oshawa, Ontario, dated November 13, 1967. The Committee duly noted the contents thereof. (2) -A photostat copy of a Plan of Survey prepared by Donevan & Fleischman, Ontario Land Surveyors, dated August 12, 1966 and being Job #14768. Miss Eileen A. Blackwell as agent for the applicants made the following submissions: (1) This land was originally conveyed to one Lorna E. Adair and Michael Atamanick by deed # 16257 dated 6 July, 1954 registered 15 July, 1954, subsequently to Golder by deed #N21879. A survey of the property shows that the original deed had an incorrect commencing point and therefore this application is to correct an error in the above previous conveyance. Upon perusal of the material supplied the Committee decided that the application was bona fide and made solely for the purpose of correcting title, the problem having been occasioned by a surveyor's error. Application granted on motion by K. Schoenmaker and seconded by E.R. Lovekin. Carried. CLASSIFICATION "C" Page 6, Meeting of Committee of Adjustment, November 27, 1967: Application File No. 91-67 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" 91-67-77 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 1501, being approximately 15,000 square feet from the applicant's land. The Secretary reported that 11 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, agent for the applicant, Mr. Carl Kimmett, Orono, Ontario, the proposed purchaser and Mr. Harold Hiemstra, 1054 Somerville Avenue, Oshawa, 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 November 15, 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.noted the following previous decisionsr April 11, 1966 - "B" 18-66-10; May 31, 1966 - "B" 24-66-13; June 28, 1967 - "B" 69-67-57; Nov. 49 1967 - "B" 82-67-72; The Committee noted the following pertinent and unique considerations: (1) The land is,in the greater Orono area where water is now available and sewers are but a question of time. (2) , The lots for which severances have been given in this and previous decisions are all shown on a Plan of Survey prepared by Donevan and Fleischman, OLS., 365 King St. E., Oshawa, Ontario, dated August 26, 1960, Job #8780. The Committee took the view that the existence of this survey clearly demonstrated that the intentioji to sever these lots pie -dated the passing of the By -Law by a considerable period of time and was documentary proof that the lots were not .created as a scheme to avoid the provisions of a pending By -Law. (3) The road was suitable, being a good road with not too much traffic for residential use. (4) The Department of Lands and Forests, Orono, Ontario, own adjacent lands in the vicinity so that high density housing will not occur. No severances, other than the 'lots shown on the referenced plan, will be given without a proper plan of subdivision, which does not appear feasible in this area for topographical reasons. (5) Drainage is excellent. Page 7 Meeting of Committee of Adjustment, November 27, 1967: (6) The area shown on the referenced plan is eminently suitable for houses and Dept. of Lands and Forests Civil Servants and others working in the area are living in close proximity to their work by utilizing this area for household lots. The Committee were of the opinion that severance should be granted, considering these particular facts. One other severance is likely with no further severances following that. J Application granted on motion by K. Schoenmaker, seconded by J E.R. Lovekin. Carried. CLASSIFICATION "J" Meeting adjourned at 12:00 p.m. Secretary-Treas rer MEETING of the COMMITTEE OF ADJUSTMENT for the TOWNSHIP OF CLARKE Monday, December 18, 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 November 27, 1967 were approved as read, on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. The Secretary -Treasurer presented a letter dated November 29, 19677 received from the Department of Municipal Affairs approving the revised Rules of Procedure of the Committee of .Adjustment to increase the fee for applications to $25.00. Application File No. 86-67 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Fred Berry, Owner R.R. #1, e Ida, Ontario, for part of Lot 33, Con. VII, Township of Clarke, Submission No. "B"86-67-78 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, Ontario, 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 Committee: (1) Correspondence from W. Kay Lycett B.A., Barrister 1 & Solicitor, Orono, Ontario, dated December 8, 1967. J The Committee duly noted the contents. (2) A Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario,.dated December 5,1967, #67112.