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HomeMy WebLinkAbout07/15/1968Page 25 Meeting of Committee of Adjustment July 8, 1968.. . Mr. George Stephenson, father-in-law of Mr: Robert Ross Boyd, stated that he owns the farm from which these lots were originally severed and he was prepared fo sell enough land to add to the area of the vacant lot, if this was feasible and if this would allow Mr. Boyd to sever the lot. The Committee indicated that they would view a severance more favorably if the applicants could enlarge their lot. This application was adjourned until July 15, 1968 to allow Mr. Boyd and Mr. Stephenson to come to some agreement about the additional land. CLASSIFICATION "H" & "O" Meeting adjourned at 1:00 A.M. is Cc_. _ T. J .%� o Secretary-Treasur r Present: MEETING of the COMMITTEE OF ADJUSTMENT for the TOWNSHIP OF CLARKE Monday, July 15,1968, at 8:00 P.M. Council Chamber, Orono E.R. Lovekin, Chairman, K. Schoenmaker, Member, E.F.R. Osbornes Member, Mrs. Ellen M. Yeo, Secretary -Treasurer, A.A. Low, Zoning Administrator for Township of Clarke. The minutes of meeting"of July 8, 1968 were approved as read on motion by E.F.R. Osborne and seconded by K. Schoenmaker._ Carried. Application File No. 115-68; "116-68; Messrs. Strike & Strike, Agent Barristers & Solicitors, 117-68 Bowmanville, Ontario, 118-68; Stewart Adair Collins, Owner, 119-68 R.R. #22 120-68; Newcastle, Ontario, for part of Lot 23, Con. 111, Township of Clarke, Submission No. "B" 115-68-99 "B" 116-68-100 "B" 117-68-101 "B" 118-68-102 "B" 119-68-103 !'B!'. 120-68-104 These applications were brought forward for further discussion. Mr. Stewart Adair Collins No appeared in support of these applications. other person appeared in support of, or in opposition to these applications. The Chairman, E. Richard Lovekin, stated that Mr. Collins' Solicitor, Mervyn B. Kelly Esq., of Messrs. Strike & Strike, -Barristers & Solicitors, Bowmanville, Ontario, had telephoned him seeking clarification of his client's legal position and the Chairman had suggested that Mr. Collins,,or his Solicitor attend the regular meeting eof the Committee at 8:00 pm on Monday July 15, 1968, in the Council Chamber, Orono, Ontario, The Secretary -Treasurer presented to the meeting the following material: (1) Registered correspondence .to The Ontario Municipal Board, 145 Queen St. West, Toronto, Ontario,being a copy of a letter dated July 9,.19687 signed by R.C. Simpson, Chairman, Clarke Planning Board. Page 2 Meeting of Committee of Adjustment July 15, 1968. (2) Correspondence from The Ontario Municipal Board, 145 Queen Street West, Toronto l,:Ontario, dated July 12, 1968, under reference, tfieir file P-6591-68, to the effect -that their decision had' -been appealed by The Clarke Planning Board. Under such circumstances the Chairman was of the opinion that it would be improper to execute and release Deeds of their land to Mr. Collins, since this would in effect enable him to ,transfer land to third parties and should the appeal be successful the transfer would be questioned and indeed it appears that such transfers might well be null and void as being in contravention. It was, therefore, suggested to Mr. Collins that he convey this information to his Solicitor who could then advise Mr. Collins on the propriety and validity of this ruling. As it was necessary that the Solicitor should have any and all information which would enable him to advise his client and make a full and proper answer to the appeal filed, the Secretary was instructed that any information availablefrom the file should be given to Mr. Collins or his Solicitor upon request. Mr.'Collins then requested such material and indicated that he was satisfied and had no further questions and withdrew. Application File No. 121-68 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Bruce Rexford Tennant, Owner, Orono, Ontario, for part of Lot 28, Con. V, (Lot 1, Block "U") in`the Police'Village of Orono, Township of Clarke, Submission No. 121-68-113 As business arising from minutes of past meetings, this application was presented for further consideration. Mr.=Bruce Rexford Tennant, accompanied by his agent W. Kay Lycett B.A., Barrister & Solicitor of Orono, Ontario, appeared io support of this application. Mr, and Mrs.'Laverne Boyd of Orono, Ontario, abutting owners also appeared. 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, Engineer & Surveyor, Bowmanville, Ontario, dated July 6, 1968 and numbered 68062. The Committee perused the survey and noted the dimensions of the lot and the frontage on an existing street that presently is in a grassed over "laneway" condition. Mr. and Mrs. Laverne Boyd were requested to specifically state their objection and they stated that they would object to the street being opened to traffic and widened. As the street'allowance concerned terminates in an abandoned Cemetery, it was considered utklikely that this street allowance would ever be called upon to carry any heavy traffic. Mr.,Boyd presented for the Committee's perusal his deed dated 14th September 1956, Clarence Frederick Duncan, and Mildred Jean Duncan, Joint Tenants to Whitney Laverne Boyd, Carole Joan Boyd Joint Tenants,registered 15 minutes after 11:00 am, Sept 28th, 1956 #20619,Township of Clarke, with survey attached -prepared by A.T. Perrin, Orono North, Ontario, 421-6-56. , Page 3 Meeting of Committee of Adjustment July 15, 1968: Mr. Arthur Low, Zoning Administrator for Township of Clarke referred to the requirements in an "RI" Zone as set out in By - Law 1592 and it was 'explained to the applicant that he must_ comply with such requirements. The Committee made it quite clear to the applicat that the granting of a severance is not the granting of a building permit or equivalent thereof and that no special conclusions should be drawn from the granting of a severance. Application granted on motion by E.F.R. Osborne, seconded by K. Schoenmaker. Carried. CLASSIFICATION "J" Application File No. 124-68 Messrs. Strike & Strike, Agents, Barristers & Solicitors, Box 71 Bowmanville, Ontario, William Malarenko, Owners, Olana Malarenko, R R. #2, Newcastle, Ontario, for part of Lot 17, Con. 11, Township of Clarke, Submission No."/3' ia�-EE is As business arising from minutes of the past meeting, this application was presented for further consideration. The Committee were of the opinion that this land could not meet Department of Health standards for drainage and the Secretary weds requested to inform the applicants' solicitor to submit a report from the Northumberland and Durham Health Unit of suitability of the installation of septic and water supply before any further consideration can be given to this application. Specifically the Committee believe the answer to 12 (b) should be "yes". This application was adjourned sine die to await further information on this matter. The Secretary was instructed to request the agent to have the applicant answer all the questions on the application. Application File No. 135-68 Mr. Robert Ross Boyd, Onwer, R.R. #2, Newcastle, Ontario, for part of Lot 23, Con. 1, Township of Clarke, Submission No. As business arising from minutes of the past meeting, this application was presented for further consideration. Mr. and Mrs. Ross Boyd appeared in support of this application. Also appearing was Mr. Melvin Graham, mortgagee, of Newcastle, Ontario. No other person appeared in support of, or in opposition to this application. After a lengthy discussion the applicants requested that they be allowed to amend their application to meerthe building lot requirements laid down by the new land use By -Law 1592. The Committee granted their request and this application was adjourned until August 12, 1968 for further information to be submitted by the applicants. CLASSIFICATION "H" & "O" Page 4 Meeting of Committee of Adjustment July 157 1968.. Application -Tile No. 136=68 Henry De7ries Owners, Hyke De Vries, Newcastle, Ontario, Richard H. Donald Esq. Agent, 69 King Street E., Oshawa, Ontario, for part of Lot 26,Con.111, Township of Clarke, Submission NO-"ar )3L -GK -ice Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law 1494 so as to permit the separation of a parcel of land approximately 150.0' x 290.50' being approximately 43,575.0 square feet in area from the applicants' land. The Secretary reported that 17 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Henry DeVries the applicant, accompanied by his son-in-law Mr. George Glasbergen 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 Richard H. Donald B.A., Barrister and Solicitor, 69 King Street East, Oshawa, Ontario dated June 21, 1968; June 28, 1968; July 92 1968; The Committee duly noted the contents thereof. The history of the property is known to two members of the Committee and the property was visited by the whole Committee on the 8th day of July, 1968. The Committee noted that the applicant has owned this small holding for some 10 years establishing that this land was not recently bought for re -sale a fact which gives some credence to the applicant's evidence. The holding presently consists of 14 acres with the original farmhouse and barn and is a typical small holding. Mr.`Devries is an older man and although he is well enough to work out by the day, he obviously requires the assistance of his son-in-law to maintain even a property of this size. The location of the proposed severance did not harm adjacent lands by a division of other property and the subject land is "in general keeping with land use in the area. After a lengthy discussion the Committee requested the Secretary to advise the agent to complete this application by submitting: (1) A sworn affidavit from the Applicant acknowledging that he understands this severance is granted on a father and son, agricultural use single severence basis only;. and (2) A sworn affidavit from son-in-law Mr. George Glasbergen verifying that he intends to assist his father-in- law Mr. DeVries on the land. This application was adjourned for further consideration at the next meeting. CLASSIFICATION "E" Page 5 Meeting of Committee of Adjustment July 15, 1968: Mr. Joseph Walker of Orono, Ontario, appeared at the meeting and asked whether it was necessary for him to instal water or whether the Committee of Adjustment would approve the building of a house on the basis of a minor variance. The applicant was informed that no decision could be given to a theoretical question in a matter that was not formally before the Committee. If he seriously wished an answer to this question he would have to, make a proper application to the Committee. The problems and difficulties attendant upon entertaining theoretical matters was too obvious to require further discussion. Meeting adjourned at 1:00 A.M. Secretary-Treasurq Ch r MEETING of the COMMITTEE OF ADJUSTMENT for the TOWNSHIP OF CLARKE Monday, July 227 1968, Present: E.R. Lovekin, Chairman, K. Schoenmaker, Member, E.F.R.Osborne, Member, Mrs. Ellen M. Yeo, Secretary -Treasurer at 8:00 P.M. Council Chamber, Orono. The minutes of meeting of July 15, 1968 were approved as read on motion by E.F.R. Osborne and seconded by K. Schoenmaker. Carried. This meeting was held as per scheduled, but no persons appeared because of lack of applications due to the mail strike. The Committee, therefore, discussed the matter of a card system for the purpose of classifying decisions; reviewed outstandinn f;iPC• a„A the minutes of July 8th and Jul), Meeting adjourned at 10:30 P.M. Secretary-Tredsu$ r MEETING of the COMMITTEE OF ADJUSTMENT for the TOWNSHIP OF CLARKE Monday, August 12, 1968, at 8:00 p.m. Council Chamber, Orono. Present: K. Schoenmaker, Member, E.F.R.Osborne, Member, Mrs. Ellen M. Yeo, Secretary -Treasurer The Secretary -Treasurer announced that due to unforeseen circumstances, the Chairman, E. Richard Lovekin Esq., was unable to attend the meeting. Mr. K. Schoenmaker as Senior Member assumed the chair. The minutes of meeting of July 22nd, 1968 riere approved as read on motion by E.F.R. Osborne and seconded by K. Schoenmaker. Carried. It was moved by E.F.R. Osborne and seconded by K. Schoenmaker that in accordance with subsection 12 of section 32a of The Planning Act that a revised Rules of Procedure for Committees of Adjustment received from Ontario Department of Municipal Affairs , , dated May 1968 be adopted. Carried.