Loading...
HomeMy WebLinkAbout09/26/1968Page 9 Meeting of Committee,of ..djustment September 23, 1.968: The Secretary—Treasurer presented the following material to the meeting: (1) A Plan of Survey pr(pared by Donevan and Fleischmann, Land Surveying and Engineering, 11 Ontario Street, Oshawa, Ont:ari.o, dated July 5, 1968, Job No. 16753. Mr. David Bowman as agent for. the ar-pli-ant made the following submissions: (1) His client, I.1r. Lloyd Owen Perry, through inadvertence, had acauir_ed an interest in two adjoining lots on Lot 30, Concession 6. (2) Sub Lot 306 "B" 6 was bought by Mr. Perry on August 18, 1965; and was sold to one Cowan on October 6, 1967. Sub Lot 307 "B" 7 was bought by Mr. Perry on June 12, 1967 and, therefore, through inadvertence he acquired an interest in abutti_na lands. (3) This error was caused by an incorrect and misleading entry in the abstract book in the Registry Office at Bowmanville, Ontario. (4) Two houses presently exist on the grope ties. The house on Lot 306 "B" 6 was com:leted and sold on October 6, 1967. Mr.. Bowman slso presented the following to the Committee for their consideration: (1) A letter from Mr. Horace R. Best, datad 19th September, 1968 stating that Pair. Lloyd Perry was issued Building Permit No. 35-67 under date of 11th May, 1967; (2) A Bu'.lding Permit numbered 25-68 and dated 13th June, 1968 to Lloyd Perry signad by Horace R. Best, Building Inspector; (3) Culvert Permit 4126, dated Junr_ 12, 1916`,, .siLnad by Merrill Ross, Ro.:d Superintendent. Upon perusal o,` the ❑,iL=ial supplied the Committee were satisfied th=rt this was a technical problem occasioned by a misleading entry in the Abstract Book in the West Durham Registry Office at Bowmanville, Ontario. This a_oplicatinn was granted on motion by -1.F.R. Osborne and seconded by K. Schoenrnak(--r, upon Mr. Bowman's undertaking to _produce and f le with the Committee an Affidavit setting out the tail �of the error -in the Abstract Book_. Granted. CL',S3!FIC:,TTCN "N" Me ing Adjnurned_at 12:00 P.M. l �c _ vr; ✓ o . MEETING Secretary—Treasurer of. -the COMMITTEE OF ADJUS`21.ENT for the TO➢7i1SiilP OF CLARKE Thursday,.September 26, 1968, at 8:00 p.m. Council Chamber., Orono Present: E.R. Lovekin Chairman K. Schoenm_ker, Member, E.F.R. Osborne, Member, Mrs. Ellen M. Yeo, Secretar•,r—Treasurer The minutes of meeting of September 23, 1968 were approved as read on motion by E.F.R. Osborne and secanded by K. Schoenmaker. Carried. Pane 2 Meeting of Committee of Ajnstm2nt-, September 26, 1968: Arplicati n File No. 124-68 Messrs. Strike & Strike, Agents, Barristers Solicitors, Box 71 Bowmanville, Ontario, William Malarenko, Owners, Olann Mslarenko, R.R. 42, Newcastle, Ontario, for part of Lot 17, Con. 11, Township of Clarke, Submission No."B" 124-68-126 As business arising from minutes of past meetings, this applic_tion was presented for further consideration. The Committee gave this matter most careful and complete' consideration. The applicant and his agent were completely honest in the presentntion of the facts. They also supplied, upon .request, further information requested by the Committee. The Committee would particularly like to compliment the applicant's agent, Mr. Kelly for his able presentation of his client's case and his assistance in answering the Committee's enquiries. The Committee deemed it important to out this case into the general perspective of the Committee's duties and function. The general principle involved as it presently exists in the Province of Ontari-o, is that the law discourages haphazard sub— division of land. The Committee of Adjustment is charged with the duty of granting exemptions to this geneial rule in special. cases. It should be clearly understood then that the Committee is bound to give specific and sound legal reasons why a particul-r severance should br granted. If no sound rcascns can be givean, the application is by definition not granted. In this particular case, the sole reason for granting this proposed severance would be th._:t the land is allegedly to be used for a home for the applicant's inlaws who hnve for some time lived with the applicant and his wife. The allegation is that the number of children in the family have increased to the point where it is difficult For ,the grandparents to live in the family home. There was no allegation that the family unit were cnVaging in any mutual enterprise such is farming, requiring them to live on one property and in separate housing units. The reason for the severance herein is to meet a personal family convenience. There were no reasons given why the parents could not be housed in an annex to the existing house. The Committee were unable to conclude that the applicant had advanced any sound argument why his aoplication should be treated as an exception to the general rule prohibiting subdivision. Application refused on motion by E.F.R. Osborne and seconded by K. Schoenmaker. Carried. CLASSIFICATION "Z" Application File No. 141-68 142-68 Sunnydene Estates Ltd., (In Trust) Owner P.O. Box 141, Torcnto—Dominion Centre, Toronto 1, Ontario, for kart of Lots 9 & 10, Con V. Township of Clark' Submission No. 8 ,yr66- sae 3 a matter of record this property was visited by the Thursday, September 26, 1968 and the applications were be discussed with Mr. Caspari on Monday,'September-30 CLASSIFICATION "E" , Committee on adjourned to 1968. Page 3 Meeting of Committee of !•.d;�strnent September 26, 1968: Applicati-:n File No. 143-68 D.M. Lyons, O,,oner, 65_King George's Rd.,� �O_onto 18, Ontario, for part of Lot 69 Con. V1, Township of Clarke, Submission No. "B" 141-68-122 As business arising from minutes of meeting September 23, 1968, The Committee rec,=ened at 6:30 p.m. on Thursday, 26th September, 1968 at the call of the Chairman, E.R. Lovekin, accord- ing to the terms of the adjournment and visited the property. They wers= of the opinion that the sole question concerned herein was whether they would allow land to be sold by one abutting owner to another. Application granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne that this applic..tic;n be granted but conditional on the understanding that the transfer of the land in question be to the abutting owner only, the land to be transferred so that it melds and the total holding of the Transferee becomes one lot for planning purposes. Carried. CLASSIFICA`"IUN "H" Applica.t.on File No. 145-68 David Bowman Esq., Agent, Barrister & Solicitor, 36; King Street E., Oshawa, Ont=rio, Lloyd Owen Perry Owner, 646 Gorevale Crescent, Oshawa, Ontario. for part of Lot 30, Con. V1, Township of Clarke, Submission 1\10. ,Bt' 145-68-119 This applic.ti-n was brought forward for further review. The Secretory -Treasurer presented the following material to the meeting: (1) A Sworn Affidavit by Hugh T. Nichol, of the Town of Whitby, in the County of Ontario, Solicitor, wherein he states that he is the solicitor for the purchaser of Lot 306-B-7 and that he has knowledge of the facts surrounding the error in the ."abstract Book in the [lest Durham Registry Office at Bowmanville; (2) A Photostat copy of a page from the Abstract Book asexhibit "A" to the Affidavit. The Committee noted the facts in the Sworn Affidavit and were Of the opinion that this file was now finalized and the facts wer= duly recorded for ;urooscs of the clarification of the records. CLASSIFICATION "N" Meeting adjourned at 10:00 i Sccretar_r-Treasurer of the COMI,=T;3E OF ADJUS^m' -NT for the TO69fVSIYIP OF CLAR.KE Mbnday, Sentember 30, 1968, at 8:00 p.m. Present: E.R. Lovekin Chairman. Council Chamber,Orono. X K. Schoenma};er, Member, Mrs, Ellen M. Yeo, Secretary -Treasurer, Low Administrator rTappoeoaCeakk e'The minutes ofMetingSeptember 26, 1968 were rvdsrd on motion by E.F.R. Osborne and seconded by K. Schoenmaker.Carrle8.• • .