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HomeMy WebLinkAbout02/19/1968Page 6 Fleeting of Committee of Adjustment January 15, 1968:_ General Business - The Committee added the following key index classification for all applications: "N" Application ari.ginn n on title Meeting adjourned at 10:30 p.m. Secretary-Treasu er MEETING of the COMMITTEE OF ADJUSTMENT for the TOWNSHIP OF CLARKE Monday, February 19, 1968, at 8:00 P.M. Council Chamber, Orono. - Present: E.R. Lovekin, Chairman, K. Schoenmaker, Member, E.F.R. Osborne, Member, Mrs, Ellen M. Yeo, Secretary -Treasurer, Minutes of meeting of January 15, 1968 were approved as read, on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence under date of January 18, 19687 from the Clerk of this Municipality together with attached certified copy of By -Law No. 1576;dated January 2,1968; (2) Correspondence under date of February 9, 1968 from the Clerk of this Municipality together with attached certified copy of Resolution No. 22 dated January 2, 1968; (3) Correspondence under date of February 16, 1968 from the Clerk of this Municipality together with attached certified copy of By -Law No. 1579 dated February'6, 1968. The Committee duly noted the contents thereof, and returned to the Secretary for filing. It was moved by K. Schoenmaker and seconded by E.R. Lovekin, in accordance with the Provisions of the Planning Act R.S.O. 1960, Chapter 296 and amendments thereto -Ref. Sec. 32 (a) (Sub 9) that the Secretary - Treasurer correspond with the Council of the Township of Clarke requisitioning an appropriation in the amount of $3,150.0011 to budget for anticipated expenses for the year 1968 for employees and consultants. Carried. , A22lication File No._ 88:67 W. Kay Lycett B.A., Agent Barrister & Solicitor Orono, Ontario, Frederick W. Winn, Owner Kendal, Ontario, for part of Lot 52 Con. VIII, Township of Clarke, Submission'No:88-67-87 Jys business arising from minutes of the past meetings, this application was presented for further consideration. No person appeared in support of, or in opposition to this application. Page 2 Meeting of Committee of Adjustment, February 19, 1968: The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from W. Kay Lycett B.A., Barrister & Solicitor dated February 15, 1968. The Committee duly noted the contents. (2) A Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated February 91 1968 and numbered 68007. The Committee noted the following facts: (1) The detail shown on the said Plan of Survey. (2) The Committee, in review of all the facts, concluded that the applicant had complied with the conditions previously imposed as evidenced in former minutes. Application granted on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. CLASSIFICATION "E" Application File No. 93-67 Henry J. Sissons, Agent, Markham, R.R. #17 Ontario, Estate of Charles Bruce Sissons, Owner, c/o Henry J. Sissons, R.R. #1, Markham, Ontario, for part of Lot 29, Con IV, Township of Clarke, Submission No. "B" 93-67-80 This application was brought forward for further consideration by the Committee in order to clarify the question of the legal description on the deed submitted to the Secretary for approval. W. Kay Lycett B.A., Barrister & Solicitor, at Orono, as agent for the applicant, 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) The original application had been to sever 35 acres of land from the house and building on 1 acre of land, but was amended to read 186' x 235' (ref. minute's December 18, 1967 meeting). (2) Mr. W. Kay Lycett B.A., now requested that the Committee consent to a conveyance of the 35 acres instead of the 1 acre of 186' x 235' with buildings. The Committee perused the description as submitted by Mr. Lycett and noted that there were only two parcels concerned, the parcel of 1 acre with the buildings and the parcel of 35 acres with barn and outbuildings but no residence. In effect, therefore, a severance of either parcel has the effect of creating 2 parcels of land. It is academic as to whether parcel "A" is severed from parcel "B" or parcel "B".is severed from parcel "A" as the net effect remains the same. It was, therefore, the decision of the Committee that approval should be given to the deed severing 35 acres without the necessity of re-application. Moved by E. R.'Lovekin and seconded by K. Schoenmaker that this alteration should be duly recorded for purposes of the clarification of the record. Carried. CLASSIFICATION "I" J Page 3 Meeting of Committee of Adjustment, February 19, 1968 Appli,caticn File No. 98-68 Joseph E. Brown Owners, Ethel L. Brown, R. R. 42., Newcastle, Ontario, for part of Lot 19, Con I, Township of Clarke, Submission No. "B"98-68-88 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 150' being approximately 15,000 square feet in area from the applicant's land. Thi Secretary reported that 14 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure, Mr. and Mrs.,Joseph-E. Brown 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) A Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated August 71 1965 and numbered 65.093 with legal description of the subject land attached. Mr. Joseph E. Brown, the applicant was invited to make his representations to the Committee and he pointed out the following facts-- (1) acts: (1) He had purchased two lots, and being a carpenter by trade, he intended to build two houses on the lands so conveyed. (2) He was under the impression that these lots were deeded separately and that each was held in a manner that it could be conveyed separately. The Committee noted the following: (1) The above-mentioned survey showed the two lots with iron bars at the four corners of each lot. (2) The deed, presented upon request by Mr. Brown, had been prepared by Z.T. Salmers, Barrister & Solicitor, 63 King Street W., Oshawa, Ontario, and was registered on the 28th day of September_, 1965 as instrument 41127236 wherein,Alexander Hamilton Dean et ux transferred to Joseph Elijah Brown and Ethel Louisa Brown the lands concerned. The deed, as drawn, described these two lots as Firstly and Secondly. The 1`ots were, however, conveyed to Mr. Brown and his. wife and, therefore, merged. (3) It would appear that someone was unaware of the amendment to the Planning Act and was under the impression that separate descriptions constituted lot separation. The lots were eminently suitable for building lots and the sole question was whether equitable reliefwouldbe given by the Committee. The Committee were of the opinion that there was documentary evidence of a pre-existing intention to sever and that this application was to rectify what appeared to be a technical error or misunderstanding. -Application granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. CLASSIFICATION "K" Page 4 Meeting of Committee of :adjustment February 19,, 196$: Application File No. 99-G8 Merrill Leonard Ross, Owner, Brooklin, Ontario, for pert of Lot 15, Con. 7, Township of Clarke, Submission No. Applicati,on 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 49213" x 242'being approximately 2.5 acres in area from the applicant's land. 'The Secretary reported that 22 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Merrill Leonard Ross, the applicant and lir. & Mrs. Robert Leslie, 453 Madison Street East, 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) A Plan of Survey prepared by Donevan & Fleischmann, Land Surveying & Engineering, 11 Ontario Street, Oshawa, Ontario, dated January 12, 1968 and being Job No. 16227 with legal description of the subject land attached. The Committee noted the following facts: (1) The land was purchased after Subdivision Control had been introduced into the Township. (2) No special or recent change in circumstances were given to show that the present facts were in any way different from the facts that existed when the land was purchased by the applicant. (3) The land which the applicant proposed to sever lies to the north of an existing laneway which gives access to several summer properties. In this sense, it is Physically separated from the lands to the south on which -a summer building presentLjexists. The laneway is not a public road and hence the parcels are "abutting lands". If this 1_neway was taken over as a public road, the lands would no longer abut and could be conveyed as separate parcels. The argument advanced by the applicant on this point was, as understood by the Committee, to the effect that although the road was only a lane, in effect, it severed the property and the land should�be treated as separate parcels. (4) No building now stands on the land proposed to -be severed, although the applicant stated there is the foundation of an old barn on the property. (5) The lot proposed to be severed fronted on a road in good condition and the area has many summer homes and is suitable for use as summer property as it is scenic and unsuitable for agricultural purposes. (6) The property to be severed had a large open space which would accommodate a cottage. Page 5 Meeting of Committee of Adjustment February 19, 1968: The Committee were of the opinion that if an official Plan were put on in the Township this area might well be designated as an area suitable for small cottage lots. Such a decision, however, should be the subject of legislation by the proper elected officials and it is not the function of the Committee of Adjustment to set itself up as a Planning Board or to legislate by decision. The Committee were unable to see that a sufficiently strong case had been made out to grant an exception to the ten acre requirement which is the law at the present time under which they must decide all applications. The inevitable result of indiscriminately permitting smaller parcels than 10 acres for summer residences would undoubtedly open the floodgates for such development. While in certain areas (such as lake front cottage lots) parcels smaller than 10 acres might well be acceptable, very special reasons justifying such a develop- ment without a proper official plan would have to exist. The Committee were impressed by the frank and fair presentation made by the applicant who fully disclosed all relevant facts. Application refused on motion by K. Schoenmaker, seconded by E.R. Osborne. Carried. CLASSIFICATICN "M" Application File No. 100-68 Charles A. Gilkes, Owner, R.R. #2, Newcastle, Ontario for part of Lot 341 Con. 1, Township of Clarke, Submission No. "B" 100-68-89 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 480.67' x 300' being approximately 3 acres in area from the applicant's land. The Secretar, reported that 15 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Charles A. Gilkes, the applicant, Mr. Gerrit Hartemink, HIR. 427 Newcastle, Ontario as th_ prospective purchaser and Mr. Ronald Shoobridge, R.R. 427 Newcastle, Ontario as an interested abutting landowner, appeared in support of this applic tion. No other person appeared in support of, or in opposition to, this application. The Secretary -Treasurer presented the following material to the meeting: (1) A photostat copy of a Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario dated June 24, 1965 and being numbered 65060. The Chairman E.R. Lovekin stated that, not only was he an abutting landowner and neighbour of the apilicant, but also he had been, for some months, acting as Solicitor for Mr. Gilkes who was the administrator of his son's estate and he had acted and was acting as the family Solicitor in other matters. He, therefore, felt that he should withdraw from any discussion on this application and ✓ith the member's consent he withdrew. Mr..K. Schoenmaker, as senior member, assumed the chair. Mr. Gilkes was invited to make his submissions and stated as follows: (1) He is the owner of approximately 52 acres of farmland. (2) The Department of Highways had severed one parcel of approximately 3 acres from these lands by a 2 lane semi - controlled access highway. Survey crews have staked the subject land in preparation for it becoming a 4 lane highway. Paoe 6 Meeting of Committee of Adjustment February 19, 1968: (3) This parcel of 3 acres is very uneconomical to operate as farmland and with a controlled access highway dividing it from the barn, it is impossible to take cattle across with any degree of safety. (4) There is now a purchaser interested inthis small acreage who wishes to build a home and with the agricultural value lost by circumstances beyond his control, Mr. Gilkes stated that he wished to sell this parcel, but that he wished to maintain control over a small strip for drainage purposes. The Committee noted the following: (1) Mr. Gerrit Hartemink, the prospective purchaser, had obtained a building 1:,ermit from the Department of Highways, #26096 dated at Port Hope, Ontario on the 12th day of February, 1968. (2) The land is well drained, triangular in shape, and faces on old Highway 42 to which it has ready access. (3) It was pointed out to Mr. Hartemink that further sub- division should not be = temolated as this would not be allowed. (4) If the parties should agree on the question of drainage no strip would have to be retained. The Committee were of the opinion that the subject land, severed by the Department of Highways from the rest of the farm land had become useless for agricultural purposes. The Committee adjourned the hearing of this application sine die, until a Plan of Survey becomes available for presentati.on to the Committee for their formal decision. CLASSIFICAATION "I" Application File No. 101-68 Application was made for exemption or provisions of Subdivision Control By -Law No. separation of a parcel of land approximately 1 acre in area from the applicant's land. Emmanuel Agustus Timoll, Owner, ReR. #3, Pontypool, Ontario, for part of Lot 31, Con. X, Township of Clarke, Submission No. partial exemotion from 1494 so as to permit the 132' x 330' being approximately 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. Cecil Earl Simmons, Box 96, Oshawa, Ontario, abutting landowners appeared in support of this application. No other person appeared in support of, or in opposition to, this application. The Secretary -Treasurer presented a pen sketch prepared by Mr. Timoll of his farm property showing the North West corner containing approximately 1 acre for which he is requesting permission to sever. The Secretary -Treasurer also stated that Mr. Timoll was unable to attend this meeting due to a prior business comitment in Jamaica, but that he had requested the Committee to consider his application and he would attend the next meeting to discuss his application more fully. The Committee studied the facts and this application was tabled with a request to the Secretary to notify Mr. Timoll of the date of the next meeting in urder that he can attend to present his application for further consideration. CLASSIFICATION "E" Meeting adjourned at 12:00 p.m. Sec retary-Treasurh'r Chairman