HomeMy WebLinkAbout11/04/1968Tdovemher ! 1p!,?; A Decision was - iven on tho following
application:
application File No. 141-68 Sunn7dene Estates Ltd., Owner,
142-69 (In Trust)
P. 0. Box 141,
Toronto -Dominion Centre,
Toronto 1, Ontario,
for part of Lots a F_: 10,
Township of Clarke,
Submission No. "P" 141 -h? -130
"B" 142 -h? -731
The Committee noted that the applicant had agreed to proceed
with part of his case with only a quorum present Y"t on October
20, 1968, with the full Committee present the applicant, had been
invited to plead or rc-plead any fact he thourTht advisable to
present, or re -argue.
zs this case raised matters which worn, in the minds of the
Committee, extremely important, the fullest type of presentation
was deemed advisable. Since the two proposed severances a.re on
the same property the Committee decided to deal with them both in
one jud-ement.
The most compel.linj argunont advanced Y7 the applicant was
the suhrni_ssi_nn that lard should he permitted to seek its hi.mhest
and hest possible use. Pasical]v this i.s a soand argument. The
prohlcr the Committee experienced was elementary, should the
Ccmmitt e exercise its powers to vary* in a. situation such as this?
'When the Committee of Adjustment was first established in
the Township of Clarke no full scale 7Cninj nxistc,d. 6! By -Lata has
now been passed by the Council of the Township of Clarke indi.catin';
the land uses to he permitted in specific areas of the Township.
The area under consideration is dcsinr atcd "Agricultural"
Thn Committee were of th- opinion that the wishes of the Council.
of the Township of Clarke as expressed in 07 -Law A 1552 should be
jiven the greatest possible weight by them in any of their
deliberations. The granting of a land severanc_- obviously intended
as a site for a residence should not be riven in c rcumstances orhere
such severances are not being encoura7od by the legislative arm
of Government.
The general p.irpos- of the legislation now in force in the
Township of Clarke is to discourage subdivisions of land throu,h-
out the Township except under Plans of Subdivision. The applicant
has been unable to convince the Committee that the facts in his
case am sni"fic,i_ent]_,r uniquo to justify the granting of either
sevoranc-- .
Them is no evidence that a d,0 lin_ horse is to ho con-
,struct.-d as an ad tinct to in existtn7 agricultural operation or
any other "adjustment."
What the a^pl%cant is aski.n_* thn Committ,e to do is to cut
nut of who17 cloth a two s^_narat- huil.din- lots on the narrow Cromnds
th^t on is o hardwood Posh and therefore different in character
and naturally separate from abuttinj farm lands and the other is a
Cedar Bush and naturally sepp-ate and divisfbIn from abutting farm
land. In the Commiitenys opinion these areas are both part of the
whole- farm and the lands ecnstituti.n7 the areas to he severed ars,
not so divided from ahuttin;_ land by natural or artificial features
as to he different, in kind and the proper sghject of a severance.
If the land use sulEested hy the applicant is feasible it is
an alteration that should he accomplished by and through the Council
of the Township of Clarke in conjunction with the advice and
recommendation of the Clarke PlanninT Board and not, in our opinion,
throu,h the Committee of Adjustment.
,�D
M
Page 2
November 4, 1968
S 1�Ir. Russell Osborne, the Junior_Pl_nbe-, ..4s not =resent
for ever.; sitting of th= Committee -nd the a, _-li.cant had e irlier
aur, -hat-the m«''ter be heard and di.sr.,osed of by the Chairman
and Senior Member, Mr. Osborne, refrain --d from o-:rtici gating in
the final decision.
Apnlicati:_ns 141-68 and 142-68 refused on motion by
K. Schoe*nmaker, s-conded by E. Richard Lovekin. Carried.
CLASSIFICATION "E"
Ch=firman
MEIST ='?G
of the
C01,D ITTL:E i;J. ; M
.ij _ _IT
for the
TMIHSN3 CF CLARKE
Monday, November 25, 1968 at 8:00 p.m.
Council C=umber
Orono.
Present: E.R. Lov�'•;.in, Chairman,
K. Scho(.nm:_ker, Member,
E.FaR. Osborne, I?_tuber,
Mrs. Ellen M. Y -o, Seemtar.- -Trey �urr_r,
;i.,.. Low, Zeninq ..dmi_ )istr-,tor for Township of Clarke, Cbserver,
> Gh erv_1._ , the following prsons atte•ndcd:
W.G. Broo?:z -_. , Barrister <: Soli.ci Lor, of Honey, 3rooks
Ha risen, Barris tsrs., 71 .lt:?ii St. Port
Ontario,
3 i'i cb'" „ of The Committee of '.djustrnent for the Township
of Port Ho -e, Ontario,
Messrs. Lloyd Atcheson and JacicI•'1cDon.z].d, represen--ing
Jack Ricard, Realtor, 99`I:ing St. E. Eo•am-_.nvilic, Ontcrio.
The minutes of meeting October 28, 1.168 andDecision of
November 4, 1968 were a;_rovcd a:; rc_:_d on motion by E.F.R. Osborne
and seconded by K. Scl.o•_nmaker. Carried.
The Sr_cr<,-tare-TEe,_suror y;reoented ti:o following m,_tcr_ia1 to
the :reeting:
(1) Correspondence from H.E. Millson, Clerk -Treasurer,
of the Tocvnshin of Cl -r7 -e, dated Ncv_mbcr 5, 19687
with certified co,.y of B_y-La:. No. 16077 a By -Law
to ::,mend Zoni.n By -Law No. 1592 wiLh Schedules "SJ'
and "B" attached. The Committee duly noted the
contents and returned same to the Sccrct_,r_ for filing.
Aoplicsti-,n File No. 141-68
Hop,
Sunnydene Estcites Ltd.,Owner,
(In Trust)
P.C. Box 1412
Toronto-Dominio.i Centre,
Toronto 1, Ontario,
for part of Lots 9 &,10,
Townsh'_, of Clarke,
Submissi_.n No. "B" 1^1-61'7'-130
"B" 142-68-131
. . : .busiiiess ari sin;, from minutes of past raeetings, these
a1.I lic-..tions Irerc presented for fu.-ther ccnsidoraL-_on.
The 3ecretarr-Treasurer r- resented to the meeting th-a following
m_tei.. ial :
(1) 11 regist,red letter dated iQovemb.=r 11, 1968
signed "Peter Ccs-:ari, Pre=sident" Sunnydene Estates