HomeMy WebLinkAbout04/16/1968MEETING
of the
C0111MITTdE OF ADJUSTMENT
for the
TOWNSHIP OF CLARKE'
Tuesday, April 16, 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, `
A.A. Low, Secretary, Clarke Planning Board, Observer.
Minutes of meeting of March 13, 1968 were approved as read,
on motion by K. Schoenmaker, seconded by E.F.R.'Osborne. Carried.
,The Secretary -Treasurer presented the following materLal to
the meeting:
1. A copy of a letter written by H.E. Millson, Clerk,
Township of Clarke and addressed to Department of
Municipal Affairs, Official Plans Branch, 801 Bay
Street, Toronto with a certified copy attached of
By -Law No. 1583 of the Township of Clarke.
The Committee duly noted the contents thereof, and returned to
the Secretary for filing.
Application File No. 102-68
W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Oronc, Ontario,
Edward Regin-ild Martin, Owner,
R.R. #2,
Newcastle, Ontario,
for part of Lot 25, Con. III,
Township of Clarke,
Submission No.'t3",,,,_6F_1,6
As business arising from minutes of the past meeting, .this
application was presented for further consideration.
W. Kay Lycett B.A., Barrister & Solici.tor, at Orono, agent for
the applicant, appeared in sup;)ort of this application. No other
person appeared in support of, or in opposit on to'this application.
The Committee visited the property on Saturday, April 13, 1968
and noted the following facts:
(1) It was quite Lpparent from the visual inspection
that a bona fide farming o,,eration was being
conducted. Two tractors and a truck were in the
yard. Other farm machinery was stored in the barn.
(2) Mr. 6dayne Ernest Bowen, son-in-law of Mr. Martin,
is presently employed by General Motors of Canada,
at Osha:,ia, Ontario an. -1 wishes to build a house
near his father-in-law in order to assist in the
farmin:7 operation. The house to be constructed on
the severed property would face the side road between
lots 24 and 25 in the Third Concession, Township
of Clarke.
(3) The general to,,ography and drainage appeared suitable
j' for a dwelling.
(4) The application was dealt with, primarily, on the
basis of a family severance for a farm worker.
Page 2
Meeting of Committee of Rdjustment, April 16, 1968:
The Committer- requested that the applicant's Soli-citor be
advised to complete his application by submitting a formal Plan
of Survey prepz=red by an Ontario Land Surveyor, and a sworn
Affidavit executed by Wayne Ernest Bowen verifying that he intends
to assist his father-in-law Edward Reginald Martin with the farming
operation.
This application was adjourned for further consideration at
the next meeting.
CLASSIFICATION "E"
Applicat'.on F_i_le No. 104-68
Strike & Strike, Agent,
Barristers & Solicitors,
Bowmanville, Ontario,
Harold C. Wood, Owner,
Newtonville,
Ontario,
for part of Lot 8, Con II,
Township of Clarke,
Submission No. "B" 104-68-90
As business arising from minutes of the past meeting, this
application was presented for further consideration.
Mr. Harold C. Wood, the applicant, appeared in sup;;ort of this
application. No other person appeared in support of, or in opposition
to this application.
The Committee visited the property on Saturday April 13, 1968
.and noted the following facts:
(1) There was nothinc on the site which did not fit
properly into the surrounding area.
(2) A complaint, regarding diversion of w,a er, registered
by Mrs. d�my.Sonhia Milligan of Newtonville, Ontario,
at the last meeting, was investigated.
(3) It was noted that Mrs. Milligan lives about 4 mile
East of the property and the natural drainage is to
the East.
(4) An inspection of the site led the Committee to the
conclusion that no slight change in gradient would
make any real change in the flow of surface water.
The immediate neighbour registered no objection to
a slight change in direction of surface drainage.
(5) This application is in essence for a Deed of correction
to clarify a paper error between two surveys.
Application granted on motion by K. Schoenmaker, seconded by
E.F.R. Osborne. Carried.
CLASSIFICATION "O"
Application File 105-68
Strike & Strike, Agent,
Barristers & Solicitors,
Bowmanville, Ontario,
Cleland H. Lane, Owner,
Newtonville, Ontario, 1
for part of Lot 8, Con II, J
Township of Clarke,
Submission No. "B" 105-68-91
As business arising from minutes of the past meeting, this application
was presented for further consideration.
Mr. Harold C. Mood, the applicant, appeared in support of this
application. No other person appear°_d in support of, or in opposition
to this applic_=tion.
Page 3
Meeting of Committee of .,djustrnent April 16, 1968:.
The Committee visited the property at 2:0.0 p:m. on
Saturday, April 13, 1968, and noted the following facts:
(1) The lot is located on Highway 42 in the Hamlet of
Newtonville on the north side of the Highway.
(2) The area is built up on both the North and South sides
of Highway 42 as residential properties with one
commercial garage in the immediate area.
(3) A culvert gives access to the lot. The lot was in
grass and had several shade trees.
(4) The lbt was adequate in size and level in gradient
and in conformity with the character of the area.
(5) The Committee gave due consideration to the fact
that this application was related to application
No. 104-68 as evidenced in the minutes of the last
meeting held on Wednesday, March 13, 1968.
The Committee were of the opinion that this severance should
be granted as an infilling measure in the built up Hamlet of
Newtonville.
Application granted on motion by K. Schoenmaker, seconded by
E.F.R; Osborne. Carried.
CLASSIFICATION "J"
Application File No. 106-68
Henrietta Van Overloop, Owner,
R.R. 41,
Newtonville, Ontario,
for part of Lot 5, Con. V,
Township of Clarke,
Submission No:'B" 106-68-94
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 16,7' x 222' being
approximately 37074 square feet in area from the applicant's land.
The Secretary reDorted that 15 notices of the said hearing
had been mailed in accordance with Item 4 of The Rules of Procedure.
Mrs. Henrietta Van Overloop, the applicant, accompanied by her
son Frank Van Overloop, R.R. 41 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 following material to
the meeting:
(1) A pencil sketch prepared by Mr. Frank Van Overloop,
showina the dimensions and position of the subject
land on the farm, for which severance is,requested.
The Committee noted the details on the said sketch.
Mrs. Henrietta Van Overloop was invited to make her representations
to the Committee and stated as follows:
(1) The farm property consists of approximately 50
acres of which 26 or 27 acres is workable land and
the balance is cedar bush, swamp and pasture.
(2) There is a barn on the property, presently containing
hay and housing a herd of 10 Hereford Cows.
(3) There is some farm equipment, including a tractor.
Page 4
Meeting of Committee of adjustment, April 16, 1.968:
(4) The proposed severance of approximately 1671x222'
wolald enable Mr. Frank Van Overloop to erect a
dwelling house. Mr. Van Overloop is presently
employed in General Motors of Canada, age 26, married
and has one child. He occupies a rented house in
Starkville which is half a mile from the farm property
necessitating driving back and forth in order to he
with the farm work which he has been doing.
(5) Mrs. Henrietta Van Overloop and her husband find it
necessary to work in order to supplement their income
and are presently employed at the Lands & Forests
Provincial Forest Station, Orono, Ontario.
(6)- If this severance is granted, Mr. Frank Van Overloop
proposes to help his parents farm more extensively
and would share in the profit or loss in the operation
of the farm.
The Committee gave due consideration to all the facts as presented
and this application was adjourned in order that a time could be
arranged for viewing the property.
CLASSIFICATION "E"
Application File- No. 107-68
Ona Irene Paterson, Owners,
Alexander J. Paterson,
R.R. #2, Newcastle, Ontario,
Russell J. Murphy, Agent,
Barrister & Solicitor,
6 King Street East,
Oshawa, Ontario,
for part of Lot 31, Con I,
Township of Clarke,
Submission No. "B11107-68-92
Application was made for exemption or partial exemiation from
provisions of Subdivision Control By -Law No. 1494 so as to permit
the separation of a parcel of land" approximately 751x 200' being
approximately 15,000 square feet in area from the applicants' land.
The Secretary reported that 16 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
at the request of the applicants' solicitor Russell J. Murphy,
Barrister & Solicitor, 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 Russell J. Murphy, B.A., LL.B.
Barrister & Solicitor, 6 King Street E., Oshawa,
Ontario. The Committee duly noted the contents.
(2) A photostat copy of a Plan of Survey, prepared by Flim
and Trollope, Ontario Land Surveyors, 111 Elgin Street
Last, Oshawa, Ontario, dated August 9, 1965, W.P. 2800.
Mr. W. Kay Lycett as agent for the applicants' solicitor
Mr. Murphy, advanced the following submissions:
(1) Mr. Russell J. Murphy B�A.LL.B., Barrister & Solicitor
was unable to attend the meeting and had requested him
to represent this application.
(2) He explained he was acting as the solicitor for the
Proposed purchaser and as such had raised a reouisition
on title and was fully aware of all relevant facts.
Page 5
Meeting of Committee of Adjustment April 16, 1968:
(3) Iri this application two houses were built on
adjoining lots and through inadvertence, Ona Irene
Paterson, wife of Alexander J. Paterson acquired a
joint interest in the property to the South which
is the property to be sold. The abutting land to
the North is in the name of'Ona Irene Paterson as
sole owner.
(4)' This severance is required in order to give clear
Ctitle to the new owner.
The Committee, after due consideration of all the facts, were
of the opinion that to refuse this application would make no
physical change whatsoever in the area and 'the problem arose through
inadvertence in conveyancing.
In -these special circumstances this application was granted
on motion by K. Schoenmaker and seconded by E.F.R. Osborne. Carried.
CLASSIFICATION '"Off
Application File No. 108-68
W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Donald Robert Roy.Hamm, Owner,
K.R. #1,
Orono, Ontario.
for part of Lot 26, Con VI,
Township of Clarke,
Submission No.'3"1qs:-6,f-9s
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 250' x 600' being
approximately 150,000 square feet in area from the applicant's land.
The Secretary reported that 15 notices of the said hearing had
been mailed in accordance with Item 4 of The Rules of Procedure.
Mr.Donald Robert Roy Hamm accompanied by his agent sv. Kay Lycett
B.A., Barrister & Solicitor at Orono Ontario, and Mr. Elgin Edgar
Ney appeared in sup,ort of this application. No other person appeared
in sup, ort of, or in op;:osition 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 April 3, 1968.
The Committee duly noted the contents.
(2) A photostat copy of a rough sketch of the proposed severance.
The Committee noted the following:
(1) The applicant originally owned a complete 100 acre farm,
being the south half of Lot 267 Concession 6, Township
of Clarke. This lies to the North and Last of the
Police Village of Orono.
(2) The construction of controlled access Hiahway 4-115
severed approximc:tely 7 acres off the South East corner
of the farm. A portion of this severed acreage was sold
and a gasoline service station -and a restaurant was
constructed fronting on Highway 115 and referred to as
"The Dutch Oven".
(3) The applicant still owns the remaining 6 acres, approximately
1 acre being in the gas station and restaurant lot.
(4) The applicant now wishes to sell a piece of property of
approximately oneacre, which property abuts the North
Easterly side of the said "Dutch Oven" Restaurant.
Page 6
Meeting of Committee of :-adjustment April 16, 1968-
(5) The use of the -land would-be highway commercial (a
sporting goods outlet).- Mr. Elgin Edgar Ney, the
proposed purchaser, presented a Plot Plan of the
building to be constructed prepared by Bell Drafting
& Reproductions Ltd.' 522 Simcoe St. N. Oshawa, Ontario,
dated April 9, 1968, Job P400.
It was pointed out to the applicant and the proposed purchaser
that the jurisdiction of this Committee was over land severance l
only and the question of land use was not within the Committee's J
jurisdiction.
Mr. W. Kay Lycett B.A., Barrister and Solicitor of Orono
stated that he primarily represent. -d the Vendor, but there was a
Conditional Sale ,,greement and, therefore, the Vendor was attempting
to clarify the legal position in order to complete the sale. Mr.
Lycett stated that he was, of course, aware of the legal position
of the Committee and on behalf of the applicant and the proposed
purchaser undertook to explain matters fully to them.
Mr. Arthur Low, Secretary, Clarke Planning Board was in
attendance at the meeting as an observer and the Committee showed
him, the plan as a matter of courtesy and for his information.
Mr. Lycett made the point that the remainder of the land owned
by Mr. Hamm could -not -be used conveniently in conjunction with the
farm of approximately 93 acres, a fact which appears self evident
because of its severance by semi controlled access Highway 4115.
Mr. Lycett was asked why Mr. Hamm should not sell the whole of
his remaining property in this arca as one parcel. Mr. Lycett
stated that Mr. Hamm had tentatively agreed to give the owners of
"The Dutch Oven" Restaurant the right to purchase certain abutting
lands and pointed out that if the application was in the form of
permitting the enlargement of an existing highway commercial use,
the Committee would probably be sympathetic. Based on past decisions
of the Committee, this argument was logically sound.
Mr. Lycett further pointed out that the proerty proposed to
be severed has, frontage on both Highway 115 and on the 6th Concession
road, giving the property a rear service entrance while fronting on
Highway 115.
Mr. Hamm mentioned that he had a permit to operate a fruit
stand on the South part of the property occupied by "The Dutch Oven"
Restaurant and that he held permits for such a use. This is indicative
only of th fact that other hi,lhway commercial uses have existed in
the past in this area -in addition to "The Dutch Oven".
The Committee gave due consideration to all the -facts as presented
and were of the opinion that this application should be tabled for
further consideration at the next meeting.
CLASSIPIC1iTION "C"
General Business - The Committee added the following key index
classification for all applications:
"0" Severances granted to correct mechanical errors
and defects in conveyancing.
Meeting adjourned at 11:00 p.m.
Secretary -Treasurer
CITrma
/ n