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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