HomeMy WebLinkAbout03/28/1973MEETING OF THE
COMMITTEE OF ADJUSTMENT
Wednesday, March 28, 1973 at 8:30 p.m.
Council Chamber,
Orono, Ontario.
Present: E.R. Lovekin B.A. LL.B., Chairman
K. Schoenmaker, Member
E.F.R. Osborne, Member
Mrs. Ellen M. Yeo, Secretary -Treasurer
The meeting of the Committee of Adjustment re -convened on Wednesday,
March 28, 1973. The applications presented and oral representations
on same, made at the meeting held on Monday, March 26, 1973 were
reviewed.
Application 11B112-73
Charles A. Reid, Owner,
R.R. #1, Orono, Ontario,
W. Kay Lycett Q.C., Agent,
Barrister & Solicitor,
Orono, Ontario,
for part of Lot 32, Con 4,
Township of Clarke,
Submission No. 11B112-73-2
As business arising from the minutes of February 21, 1973
this application was brought forward for further consideration.
W. Kay Lycett Q.C., Barrister & Solicitor, Orono, Ontario,
as agent, appeared before the Committee at the adjourned hearing
on Wednesday, March 28, 1973 in support of this application. No
other person appeared in support of, or in opposition to this
application.
As a matter of record the whole Committee inspected this
prob-erty at 4:30 p.m, on Saturday, March 17, 1973.
No person was home at the residence located south, of the
sale barn property to be sold, but the Committee were all familiar
with the property and proceeded with the inspection.
The Committee noted that the metal clad sales barn had
been fenced by a substantial agricultural style fence.which
had been in its present position for some number of years.
The Committee reviewed the minutes of meeting February
21, 1973 and also noted that under section 10.3 Special
Provisions, amending by-law 1653, (c) 11A-3 - Lot 32, Concession
.4 refers as follows: " in addition to the uses referred to
in Section 10.1 hereof, that part of Lot 32, Concession4,
which is designated "A-3" on Schedule "A", may be used for the
purposes of a livestock auction barn."
Application granted on motion by K. Schoenmaker, seconded
by E.F.R. Osborne. Carried.
CLASSIMATION 10 "A" 10.3 Special Provisions
J
. . . . . . . . . . . . . . .
Page 2
Meeting Committee of Adjustment, March 28, 1973:
Application File No. "B"1-73 Sadie A. Hamilton, Owner,
R.R. 02, Orono, Ontario,
W. Kay Lycett Q.C., Agent,
Barrister & Solicitor,
Orono, Ontario,
Submission No. "B111-73-1
As business arising from minutes of former meetings,
this application was brought forward for further consideration.
W. Kay Lycett Q.C., Barrister & Solicitor, Orono, Ontario,
as agent, appeared before the Committee at the adjourned hearing
on Wednesday, March 28, 1973 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 dated March 1, 1973 from Clarke
Planning Board, Box 219, Orono Ontario, signed
"Horace R. Best" Secretary -Treasurer, Clarke
Planning Board:
"Re: Committee of Adjustment Minutes of Februar
In respect of the above reference we are
pleased to supply the following information.
(1) Documents on file in this office indicate
that on or before May 15, 1969, Mrs. Hamilton
requested rezoning of part of Lot 31, Con.7
to an R2 category.
Subsequent to this application, Mr. A.
Low, Secretary -Treasurer of Clarke Planning Board
forwarded a letter to Mrs. Hamilton under date of
June 16, 1970 which reads in part as follows:"due
to the fact that the rezoning of any area requires
a definite plan that may be acceptable to the
Community Planning Branch of the Department of
Municipal Affairs, the Board feels that it cannot
recommend rezoning at this time.
(2) In addition to the foregoing and under
date of August 24, 1972, Mr. W.K. Lycett, Barrister
and Solicitor submitted a letter to the Planning
Board on behalf of Mrs. Hamilton requesting that
approximately'fifteen (15) acres situate in south
part of Lot 31, Con. 7 be designated on the draft
Official Plan for Estate Residential purposes.
Certain provisions have been set forth in the
draft Official Plan relating to Estate Residential
Development. These may be found in Section 3, (10),
(c) of the revised pages in the text of the draft
plan. As we have noted, the Official Plan is currently
in draft form only and has not yet received full
approval of this Board nor has it been presented to
Council for their consideration.
In view of the foregoing, Mrs. Hamilton's
request, as submitted by W.K. Lycett, has been tabled
until such time as the draft Official Plan has been
approved by this Board, adopted by Council and finally
approved by the Treasurer of Ontari.o,and Minister of
Economics and Intergovernmente,l Affairs as the Official
Plan of the Clarke Township.
We trust the foregoing is satisfactory.
Yours truly, "Horace R. Best"
Secretary -Treasurer
Clarke Planning Board"
Page 3
Meeting Committee of Adjustment, March 28, 1973:
The Committee referred to the minutes of February 21,
1973 and noted that no answers had been received to the specific
questions asked.
The Committee recalled their inspection of this property
on February 19, 1973, reviewed the minutes of meeting January
22, 1973 and discussed all the facts, as presented,with Mr.
Lycett.
Mr. Lycett stated that he had no further or new submissions
and this application was refused on motion by E.F.R. Osborne,
seconded by K. Schoenmaker. Carried.
CLASSIFICATION 10 "A"
Application File "B'92-73 Donald Gordon Henry Owner,
R.R. 42, Orono Ontario,
W. Kay Lycett Q.C., Agent,
Barrister & Solicitor,
Orono, Ontario,
for part of Lot 31, Con 6,
Township of Clarke,
Submission No. "B'72 -73-/a
Application was made for exemption or partial exemption
from provisions of the Planning Act so as to permit the
separation of 150' x 371.35' being approximately 55702.50 sq.ft.
from the applicant's land.
The Secretary -Treasurer reported that 24 notices of the said
hearing had been mailed in accordance with Item 5 of the Rules
of Procedure.
The Secretary -Treasurer presented the following material
to the meeting:
1. Correspondence from W. Kay Lycett Q.C.,
Barrister & Solicitor, Dated March 12, 1973
as follows: It
I enclose the application of the
above named for severance of his residential property
comprising part Lot 31, Concession 6, Clarke. His
holding consists of a house on a corner lot at the
corner of Taunton Road and Leskard Road, having a
frontage on Taunton Road of 330 feet and a depth
along Leskard Road of 371.35 feet, according to a
sketch which we enclose prepared by the applicant.
This proposal is to sever the easterly 150 feet
of the said lands so as to create a new buildinq lot
for which the applicant has a proposed purchaser.
I understand that these lands were the subject of
a prior application wherein the last proposal was to
create more than one severance. This application is
designed to create only one new lot and in the circum-
stances and the location of the property, we feel that
this is a valid application in spite of the fact that
it is zoned for agricultural purposes. I believe
your committee members are acquainted with the property
and know that it is in the area of a fairly well
established residential settlement and the application
could be considered one of an infilling operation."
W. Kay Lycett Q.C., Barrister & Solicitor, Orono, Ontario,
was unavoidably detained and unable to attend this meeting.
Mr. Michael Bevan, the proposed purchaser, appeared in support
of this application. No other person appeared in sup ort of,
or in opposition to this application.
Page 4
Meeting Committee of Adjustment, March 28, 1973:
Mr. Michael Bevan, under oath, presented the following
fact:
1. He is the proposed purchaser and wishes to purchase
the subject land for a single family dwelling•,
The Committee stated that they have recently considered
applications for multiple severances on the same property and
are quite familiar with the area. Several applications for multiple
dwellings had been refused ( ref. applications 29,30.931932-72
refused December 7, 1972).
The Committee noted that this application is for a single
severance only,,being the corner lot of 330' x 371.51,
The Secretary -Treasurer was instructed by Chairman E.R.
Lovekin to advise Mr. Lycett that on the evidence presented before
them they thought the proposal went beyond their powers to make
an adjustment, but,that as agent, he was free to make further
representations to the Committee either in writing or orally at
the next meeting.
W. Kay Lycett Q.C., Barrister & Solicitor, Orono, Ontario,
as agent, appeared before the Committee at the adjourned hearing
on Wednesday, March 28, 1973 in support of this application.
No other,re son appeared in support of, or in opposition to this
application.
The minutes for the meeting of March 26, 1973, were read
over to Mr. Lycett and the Secretary was instructed to send
a copy of the said minutes to the applicant, Mr. Donald Gordon
Henry and to the proposed purchaser Mr. Michael Bevan.
Application adjourned to enable the applicant to appear
at the next meeting to be held on April 24, 1973, if he wishes.
CLASSIFICATION 10 "A"
Application File "B"13-73 William Vooys, Owner,
R.R. #2 Orono Ontario,
W. Kay Lycett Q.C., Agent,
Barrister & Solicitor,
Orono, Ontario,
for part of Lot 29, Con 6,
Township of Clarke,
Submission No. "B"13-73-13
Application was made for exemption or partial exemption
from provisions of the Planning Act so as to permit the
separation of approximately 1 acre from the applicant's land
in an agricultural zone.
The Secretary -Treasurer reported that 17 notices of the
said hearing had been mailed in accordance with Item 5 of the
Rules of Procedure.
The Secretary -Treasurer presented the following material
to the meetino:
1. Correspondence dated March 13, '_973 from W. Kay
Lycett Q.C., Barrister & Solicitor,Orono,Ontario
"You will remember that Mr. Vooys attended at the
last meeting of your Committee of Adjustments to
make an informal inquiry as to whether the Committee
would consider approving the severance of a deed or
lot from his present ten acre holding in Lot 29
Concession 6 of the Township of Clarke.
Page 5
Meeting of the Committee of Adjustment March 28, 1973:
2.
You will remember also at that time there was
produced an order of the Ontario Municipal Board approving
of a by-law of the Township of Clarke allowing the issuance
of a building permit for the erection of a second house
on this ten acre holding. The same giving Mr. Vooys the
legal right to a second building permit, however without a
severance the question of financing the construction of a
second house has not b -en facilitated. In the circumstances
and in view of the ruling of the Ontario Municipal Board J
we feel that Mr. Vooys has just grounds and reasons for
being allowed a severance and accordingly we are filing
herewith his application for severance."
Restricted Area By -Law 1737 as follows:
BEFORE: )
W.H. Palmer, )
Chairman ) Friday the 5th day of
and )
A. Van Every, Q.C. ) January, 1973
Member )
UPON THE APPLICATION of the Township of Clarke,
upon consideration of the material filed, and.it
appearing that notice of application has been given as
directed by the Board and that no objections to approval
have been received by the Clerk of the applicant corporation,
as appears by affidavit filed;:
THE BOARD ORDERS, under and in pursuance of the
legislation hereinabefore referred to, and of any and all
other powers vested in the Board, that By-law 1737 passed
the 1st day of August, 1972 be and the same is hereby approved.
"K.C. Andrews"
Secretary
S E A L Entered
O.B. No. 91
Folio No. 385
Jan 11; 1973
"K.C.Andrews"
Secretary Ontario Municipal Board
The Committee, having waited until 10:55 p.m. for agent
W. Kay L cett Q.C., to appear, suggested to the applicant that
they were prepared to listen to his representations without his
agent being present.
Mr. William Vooys, under oath, presented a certified Elan
of Survey, prepared by Merrill D. Brown Limited, OLS., 121 Queen
Street, BowmanvilleI Ont;-io, dated July 10, 1972, annotated
Revision: 1 acre parcel added March 26, 1973, signed "P,.D. Brown"
file 72103;
The applicant did not add considerably to the material filed
except that when asked why the house was located at an angle
on the new lot., he stated it was to take advantage of the view.
Mr. Vooys requested a decision at the earliest date because
he wished to build as soon as possible.
The Committee advised the applicant that he.would be hearing
from them, either requesting that he appear at the next mr_eting
or giving him a decision as soon as they had viewed the property.
Application adjourned to enable the Committee to inspect the
property. The Committee also intimated to.hlr. Vooys that they
would require a restrictive clause to be contained in the deed, to
which Mr. Vooys verbally agreed.
W. Kay Lycett Q.C., Barrister & Solicitor, Orono, Ontario,
appeared at the adjourned meeting on Wednesday March, 28, 1973 and
a general discussion followed.
CLASSIFICATION 10 "A"
C
Page 6
Meeting of the Committee of Adjustment March 28, 1973:
Application File "3116-73
Thomas G. Atkins, Owner,
Orono, Ontario,
W. Kay Lycett Q.C., Agent,
Barrister & Solicitor,
Orono, Ontario,
for part of Lot 9, Block "R",
pt. Lot 28, Con 5,
Hanning Plan, Police Village
of Orono, Township of Clarke,
Submission No. "B"6-73-6
As business arising from minutes of meeting February 21,
1973, this application was brought forward for further
consideration.
W. Kay Lycett O.C., Barrister & Solicitor, Orono, Ontario,
appeared at the adjourned meeting on 'Wednesday March 28, 1973.
No other person appeared in support of or in opposition to this
application. Mr. Kenneth Lyle of the Village of Newcastle,
Ontario al.peared as an observer.
As a matter of record the whole Committee inspected this
property on Saturday March 17, 1973 at 4:00 p.m. and the following
facts were noted:
1. The property concerned is a triangular shaped lot
in the Police Village of Orono, which runs to a
point on the east side of its extremity; the lot
faces Church St. on the west side of its extremity.
There is no right of public egress or ingress at
the extreme east of the lot, the sole entrance being
on the west side of the lot which fronts on Church
Street;
2. The Committee walked over the whole property and noted
the west end of the property to be severed was being
used as a parking lot by school buses and a truck;
On an earlier occasion, the Committee recall Mr. Lycett mentioning
that the original o�,rner of the property facing on Centre Street
was his father-in-law one Tom Lewis. Since Lorna J. Atkins
the present owner of the property is his sid=er-in-law, Mr. Lycett
has both professional and personal knowledge of the history of the
properties which are the subject of this application.
The Committee wish to make it a matter of specific comment that even
if Mr. Lycett had not specifically mentioned the family relation-
ship involved herein, the Committee would be fully aware of the
relationship because of its knowledge of local. affairs and the
Committee feels that it could take judicial notice of such facts.
The facts are:
When Lorna J. Atkins (formerly Lorna J. Lewis) was married
some 15 years ago, her father T. Lewis and mother Myrtle J. Lewis
gave their daughter and son-in-law a lot on which to build a house
(Deed 4N13948 refers).
A lot facing on Church Street and backing on to the matrimonial
home became available a few years ago and the husband Thomas G.
Atkins decided to purchase it.
In order that the land would not merge, a deed number N32205
was registered, putting the matrimonial home in the name of the
wife, Lorna J. Lewis.
A deed N32206 was registered, putting the abutting lot
(the subject land) into the name of the husband Thomas G. Atkins.
This land was apparently the former independent telephone company
land.
The husband now intends to resell the lot he purchased, less
a small tip which he wishes to add to the matrimonial property;
Page 7
Meeting Committee of Adjustment March 28, 1973:
The Committee, therefore, wish to point out:
1. The two lots are now legally under separate ownership;
2. If the application as requested is granted, a smaller
lot will be increased in size; a definite plus from
a planning point of view.
The Committee note that if the whole lot owned by the husband J
was resold; a"minor variance"on the 66' frontage on Church
Street, reducing the frontage requirement from 75' to 66' would
not be required as the lot as it pres-°ntly exists is a "lot of record"
(Ref. Section 3.15 of amending by-law 1653);
If the tip of the existing lot is severed; then it appears that
the lot will not be a "lot of record" and a "minor variance"
will be required on the Church Street frontage. This is, of course,
a matter for the applicant to consider.
The application being dependent on the specific transfer of lands,
and the decision turning on the technicalities of such transfers;
this application was adjourned to enable the Committee to check
these deeds in the Registry Office.
CLASSIFICATION "R1"
General Business: The following correspondence was presented
to the Committee for their perusal and reply:
Department of Veterans Affairs, General Delivery
Bowmanville, Ontario. LIC 3K1, dated March 7, 1973
signed "W.J. Slater" Field Officer - re: James Sutherland;
The Corporation of the City of Hamilton, Committee of
Adjustment, Hamilton Ontario, dated February 27, 1973
signed "Carman E. Bisbee" Secretary -Treasurer;
Mohawk College of Applied Arts and Technology, 135
Fennell Avenue W. Hamilton Ontario, dated February 28,
1973, signed "Harald Langer, Head Community Planning;
Office of the Treasurer, Township of Clarke, dated
March 7, 1973 signed "H. DeWith" Treasurer, with
Resolution No. 33 attached thereto, requesting"all
Departments, local boards and bodies where functions
fall under the legal authority of this municipality
to submit in writing their budgets or requirements
for the year 1973 to the Clerk -Administrator of
this Council on or before llarch 15, 1973"
Canada Law Book Limited, Law Publishers, 80 Cowdray
Court, Agincourt Ontario, signed "Donna Gilliland".
The Secretary was instructed to order the Ontario
Municipal Board Reports at the price of $30.00;
Letter from "Josephine Joseph" dated March 16, 1973
2529 Lakeshore Blvd W. (111) Toronto M8V 1E6 Ontario,
regarding permission to "lease, on a monthly basis
a Trailer or Mobile Home";
Interviews were granted at the meeting on March 26, 1973 to
Mr. James Sutherland and Mr. Davit] Gibson;
The Secretary reported that the appeals against the decision
of the Committee of Adjustment in the matter of Bernard Callanan's
3 applications were dismissed. Mr. Bernard Callanan appealed
the Committee's decision at the hearing conducted by the Ontario
Municipal Board on Monday, the 27th day of November, 1972.These
are entEredas O.B. No. S2 folio No. 317, Mar 16,1973, "K.C.Andrew"
Secretary,Ontario Municipal Board.
This being all the business at till's tim _--_tuts m 'ng ac]journed
at 12:00 o'clock, midnight.
e.
Secretary-Trea SUPVr Chairman