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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