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HomeMy WebLinkAbout06/20/1973C Page23 Meeting Committee of Adjustment, June 11, 1973: The Committee having heard all oral representations from the applicants and their agents, the meeting was adjourned at 12:00 midnight on motion by E.F.R. Osborne and seconded by K. Schoenmaker to re -assemble at the home of the Secretary -Treasurer, Mrs. E.M. Yeo, on June 12, 1973, after inspection of properties. arried. Secretary -Treasurer rl Chairman JUNE 12, 1973 On June 12, 1973 the Committee inspected properties from 6:00 p.m. until 9:00 p.m. after which a meeting was held at the home of Secretary -Treasurer Mrs. Ellen M. Yeo to discuss the applications concerned; notes dictated; decisions made; and the Secretary -Treasurer was instructed to request Plans of Surveys required for those applications being held over for consideration at the next meeting to be held on July 23, 1973. This meeting adjourned at seconded by E.F.R. Osborne, to Secretary -Treasurer, Mrs. E.M. inspection of properties. Secretary -Treasure 11:00 p.m. on motion by K. Schoenmaker, re -assemble at the home of the Yeo, on June 15, 1973, after reed. airman JUNE 15, 1973 On June 15, 1973 the Committee inspected properties from 6:00 p.m. until 8:00 p.m. after which a meeting was held at the home of Secretary -Treasurer Mrs. Ellen M. Yeo to discuss the applications concerned, notes were dictated and this meeting was adjourned at 8:30 p.m. on motion by E.F.R. Osborne, seconded by K. Schoenmaker to be re -convened on Wednesday, June 20, 1973 at 7:30 in the Council Chamber at which time the3mrrg pending applications will be finalized. \ arried. .c Cis L Secretary -Treasurer Chairman MEETING OF THE COMMITTEE OF ADJUSTMENT Wednesday, June 20, 1973 at 7:30 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, June 20, 1973. The following applications were brought forward and the oral representations on same, as submitted at the meeting held on Monday, June 11th, 1973 were duly reviewed and recorded. File "A"17-73 Paul J. Collinson, Owner, Box 175, Newcastle, Ontario, Lot 18, Con 1, Township of Clarke, Submission No. "A"17-73-17 Application was made for exemption or partial exemption from provisions of sub -division control by-law 1592 as amended by by-law 1653 for a reduction of 11' on the east side of an existing dwelling so as to permit a sideyard of 14' in lieu of 25' as required. Page 2 Meeting June 20, 1973, Committee of Adjustment: The Secretary -Treasurer reported that 21 hearing notices of the said hearing had been mailed in accordance with Item 5 of the Rules of Procedure. Mr. and Mrs. Paul J. Collinson, applicants, appeared in support of this application. No other person appeared in support of, or in opposition to this application. The following material was presented to the meeting: I 1. A photostat copy of a Plan of Survey, prepared by J M.D. Brown OLS., Bowmanville, Ontario, dated May 30, 1966, file #66069; Mr. and Mrs, Paul J. Collinson, under oath, submitted the following facts: 1. This application is for a reduction from sideyard requirements of 25' to 11' so as to permit the construction of an addition to the north-east side of their existing home; the addition to contain two bedrooms and an existing bedroom to be changed into a dining room; 2. The addition will be approximately 16' x 241; 3. Mr. Collinson referred to the photostat copy of the Plan of Survey, on which is outlined the existing bungalow. The Committee noted that there would be more than sufficient sideyard clearance on the West side of the house. Mr. Collinson explained that he preferred the addition to be added to the north-east end of the house for the continuation of the east wall of the house; 4. The property is located in a cul-de-sac running south from Highway #2 about halfway between the Village of Newcastle and Newtonville. The road runs south to Highway #401 and stops at the north boundary of the Imperial Esso Service Centre on Highway #401; 5. Mr. Collinson stated he has owned the property since April 1969. There are two vacant lots to the east having a frontage of approximately 1001; Application adjourned to enable the Committee to inspect the property. The Committee requested the applicant to place stakes identifying the location of the proposed addition. As a matter of record the Committee inspected the property on June 15, '1973. Mrs. Collinson was at home and showed the Committee the details of the proposed extension. The Committee noted there was no house to the east and that the proposed enlarge- ment would be an improvement. Following further consideration of all the facts presented, the Committee concluded that the application was a proper minor variance and did not offend the relevant By-laws. Application for a minor variance to permit a sideyard of 14' on the east side of an existing dwelling granted on motion by E.F.R. Osborne, seconded by K.Schoenmaker, subject to the following conditions: 1. TAKE WARNING that this decision for minor variance of the Clarke Township Committee of Adjustment IS NOT FINAL AND BINDING until the time for appeal by any interested party has lapsed under the terms of the Planning Act of the Province of Ontario. THIS TIME FOR APPEAL IS 21 DAYS FROM THE DATE that the minutes of this decision have been mailed to the Minister of Municipal Affairs of the Province of Ontario; Page 3 Meeting Committee of Adjustment, June 20, 1973: 2. This decision should not be registered on title until the said time for appeal has lapsed when the applicants shall then register on title by way of Deposit a copy of the Form of Consent and shall forthwith thereafter forward to the Secretary of the Committee of Adjustment a duplicate Certificate of Deposit or a Notarial copy thereof; 3. AND FURTHER that upon receipt by the Secretary of the aforesaid document, the appropriate administrative officials of the Township of Clarke shall be authorized to issue any and all necessary permits or to take any steps necessary to implement this decision. CARRIED. CLASSIFICATION Arpend 1 (f) 10 "A" Application File "B"18-73 Application File "A"13-73 Williams Grove Orchards Ltd. R.R. #21 Newcastle, Ontario, Douglas Gibson, Agent, Box 253, Orono, Ontario, for part of Lot 35, Con 2-N, Township of Clarke, Submissicn "B"18-73-18 Submission "A"13-73-13 The following applications were presented by this applicant: 1. File "B"18-73-18 - Application was made for exemption or partial exemption from provisions of the Planning Act to permit the separation of a parcel of land approximately 89.3' x 168.7" approximately 15,000 sq ft from the applicant's land; 2. File "A"13-73-13 - Application was made for exemption from provisions of sub -division control by-law 1592 as amended by by-law 1653 for permission to retain an existing dwelling on a lot approximately 89.3' x 168.70t, an area of approximately 15,000 so. ft. which would allow a right-of-way of 66' to the remaining 40.42 acre parcel; The Secretary -Treasurer reported 24 hearing notices of the said hearing had been mailed in accordance with Item 5 of the Rules of Procedure. Owner, i°:r. Douglas Gibson, as agent, appeared in support of these applications. No other person appeared in support of, or in opposition to these applications. i, -r. Douglas Gibson, under oath, stated the following facts: 1. Fourteen lots have, been sold off the frontage of the subject land and there remains the existing farmhouse with 155.30' frontage on the road allowance and an area of 40.42 acres; 2. There are two applications involved here: 1. request for consent to the severance of 89.3" x area 15,000 sq. ft.; 2. a minor variance for the lot 89'.3" x 168.7"area containing the existing farmhouse and a right-of- way of 66' to the remaining 40.42 acres; Mr. Gibson presented the following material to the meeting: 168.7" 15,000 sq.ft. 1. A certified Plan of Survey, prepared by M.D. Brown OLS., Bowmanville, Ontario, dated Dec 17, 1968, file 68110; showing in outline the location of the existing house and the proposed 66' right-of-way to the remaining 40.42 acres; Page 4 Meeting Commitee of Adjustment, June 20, 1973: As a matter of record the Committee inspected the property on June 15, 1973 and noted the following facts: 1. The Committee looked over the property and carefully considered the specific facts of the case; 2. The Committee accept the fact that the applicant Corporation carry on a bona fide farming operation and the people involved are deriving their major source of income from farming; 3. The Committee also wish to point out that they believe all the evidence given by the agent for the applicant, Mr. Douglas Gibson. Unfortunately, in the opinion of the Committee, the applicants have failed to make out a case. The land concerned is in an Agricultural Zone and is just over 40 acres. The frontage on a public road is just over 1551. 40 acre lots in an Agricultural Zone require a frontage of 3301. To sever the existing house and lot would create a house with a frontage far below minimums and leave a less than 40 acre lot (fractional variance only) with a mere 66' frontage. In short, they are proposing a subdivision which cannot be granted within the framework of the existing Township By-laws. Following further discussion The Committee made the following decisions: 1. Application "B"18-73-18 for severance of a lot 89:3" x 168:7�15,OOOsgft in area from an existing parcel of land approximately 40.42 acres in area refused on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. 2. Application "A"13-73-13 for a minor variance of 89:3" x 168:7" 15,000 sq ft in area refused on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. CLASSIFICATION 10 "A" Application File "B"20-73 Joseph & Kathleen Mercz,Owners, R.R. #1, Orono, Ontario, for part of Lot 19, Con 3, Township of Clarke, Submission No. "B"20-73-20 Application was made for exemption or partial exemption from provisions of the Planning Act so as to permit the separation of a parcel of land approximately 2.379 acres in aeea from the applicant's land. The Secretary -Treasurer reported that 17 notices of the said hearing had been mailed in accordance with Item 5 of the Rules of Procedure. Mr. Joseph Mercz, applicant, appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr. Mercz, under oath, submitted the following facts: 1. This application is for consent to a severance of approximately 2.379 acres to an abutting owner to the east; 2. The area of land remaining will be approximately 49 acres which he uses for pasture; 3. Mr. Mercz presented the following material to the meeting: Plan JOR 476, registered 30th April 1971, signed "Edward Bird" Dep.Registrar for the Registry Division of Durham West (10), said Plan prepared by M.D. Brown OLS., 11062 Bowmanville, Ontario, dated April 24, 1971, 71036: A pen sketch of the proposed lot, numbered "part 3" and "part 3A", said sketch annotated "part 3 and part 3A to be one lot"; . . . . . . . . . . Page 5 Meeting Committee of adjustment, June 20, 1973: Following further discussion this application was adjourned toenable the Committee to inspect the property. As a matter of record the Committee inspected the property at 8:10 p.m. June 15, 1973 and the £ollow_ng facts were noted: 1. The applicant's home is situated on the south side of an east -west road, namely, Concession 4, Township of Clarke; and commands a view of Lake Ontario some 7 or 8 miles to the south and Oshawa to the west. The applicant's property is a real "view" property; 2. The applicant seeks to add an area of approximately 2.379 acres with a frontage of 50' to the property of the abutting owner, one John S. 's9indatt, which would take it over to the "lip" of the dome of the hill; The Secretary -Treasurer reported that the proposed purchaser Mr. John S. 'r;indatt attended the office and personally handed over a Plan of Survey for perusal by the Committee at their meeting June 20, 1973 and. at the same time had indicated on the said Plan of Survey the proposed severance. The Secretary -Treasurer then presented the referenced material to the meeting being - A photostat copy of a Plan of Surve;,, prepared by Merrill D. Brown Limited, Land Surveying & Eng'neering, 121 Queen Street, Bowmanville, Ontario, dated June 13, 1973, File 73119; The Committee reviewed the facts presented; perused the Plan of Survey and the application was granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne, subject to the following condition: 1. The purchaser, John S. Windatt, shall be required to take the land in the name or names as the land presently owned by him so that the new parcel will merge with the property already held and become one property. Carried. CLASSIFICATION 10 "A" Application File "B"24-73 William H. McIlroy,Owner, R.R. 42, Newcastle, Ontario, for part of Lot 18, Con. 2, Township of Clarke, Submission No. "B"24-73-24 Submission No. "B"25-73-25 Two applications were made for exemption or partial exemption from provisions of the Plannina Act so as to permit the separation of parcels of land from the applicant's land as follows: 1. An area of 371334" X 1251, approx. 4700 sq. ft. to his daughter, an abutting owner, ("B"24-73-24) 2. An area of 300' x 1351, approx. 40,500 sq. ft. for a dwelling; The Secretary -Treasurer reported that 24 hearing notices were mailed of the said hearing in accordance with Item 5 of the Rules of Procedure. Mr. William H. Mcllroy, applicant, appeared in support of these applications. No other person appeared in support of, or in opposition to these applications: Page 6 Meeting Committee of Adjustment, June 20, 1973; The following material was presented to the meeting: 1. A Plan of Survey prepared by Merrill D. Brown Limited, certified "M.D. Brown" OLS., Bowmanville, Ontario, dated August B. 1972, file 72119; Mr. Wm. H. MCIlroy,under oath,stated that he is asking permission to sever two parcels from his property - (1) an addition of approximately 4700 sq ft. to an abutting property owned by his daughter; and (2) a severance of approximately 40,500 sq ft to create a building lot for a grandson; He will retain the remaining 27,000 sq ft and his home thereon for himself; The existing dwelling he wishes to retain has been on the property approximately 24 years. Mr. McIlroy indicated on the Plan of Survey the subject lands he wishes to add to the property owned by his daughter (application "B"24-73-24;) the proposed building lot (application "B"25-73-25) and the location of his existing dwelling. Application adjourned to enable the Committee to inspect the property. As a matter of record the Committee inspected this property on June 15, 1973 and noted the following facts: 1. The property is located in the area commonly referred to as "Cursonville" or Brownsville" named after former residents living in the area, and is a Hamlet which came into existence before adequate sub -division control by-laws were brought into force. 2. The nearest piped water system and sewage disposal system is located in the Village of Newcastle some two to three miles to the west. Following further discussion these applications were considered separately: 1. Application "B"24-73-24 - The Committee do not object to the increase in the size of a lot where the land is taken from a somewhat larger adjoining lot. The request to sever an additional piece of land to the daughter, an abutting ower is a matter properly brought before this Committee. The Secretary -Treasurer was instructed to request a proper Plan of Survey, prepared by an Ontario Land Surveyor for the lot to be conveyed and to inform the applicant that his daughter would be required to take the land in the name or names as the land presently owned by her so that the new parcel will merge with the property already held and become one property. Application "B"24-73-24 adjourned awaiting receipt of the requested Plan of Survey. CLASSIFIC-'= GN 10 "A" 2. Application "B"25-73-25 - The Committee cannot see how they can grant an application for a building lot in an Agricultural Zone, particularly inview of the fact that housing density in the area is already quite high. Therefore, this application is refused on motion by E.F.R. Osborne, seconded by K. Schoenmaker, CARRIED. CLASSIFICATION 10 "A" . . . . . . . 0 Page 7 Meeting Committee of Adjustment, June 20, 1973: Application "B"27-73 Robert G. Allin, Owner, R.R. #2, Newcastle, Ontario, for part of Lot 33, Con 3, Township of Clarke, Submission No. "B"27-73-27 Application was made for exemption or partial exemption from provisions of the Planning Act so as to permit the separation of a parcel of land approximately 12 acres in area from the applicant's land in an agricultural zone. The Secretary -Treasurer reported that 24 notices of the said hearing had been mailed in accordance with Item 5 of the Rules of Procedure. Mr. Robert G. Allin, applicant, appeared in support of this application. No other person appeared in support of or in opposition to this application. Mr. Robert G. Allin, under oath, presented a pencil sketch outlining the proposed severance. He has been farming since 1951 and the main source of income has been from the farming operation. He now wishes to retain 12 acres containing the buildings and sell the remaining 138 acres. Application adjourned to enable the Committee to inspect the property. As a.matter of record the Committee inspected this property on June 1.5, 1973 and noted the following facts: 1. The applicant is clearly a bona -fide farmer whose major source of income is derived from a farming operation; 2. Mr. Allin rented the farm in 1950 and purchased it in 1951; 3. Mr. Allin was born and raised in the area and has farmed all his life; The Secretary -Treasurer was instructed to request a proper Plan of Survey, prepared by an Ontario Land Surveyor and this application was adjourned awaiting the requested material. CLASSIFIC11TION 10 "A" Application B1126-73 Veikko & Anja Onjukka, Owners, R.R. #2 Newcastle, Ontario, for part of Lot 31,,Con 3, Township of Clarke, Submission No. "B"26-73-26 Application was made for exemption or partial exemption from provisions of the Planning Act so as to permit the separation of a parcel of land approximately 40 acres in area from the applicant's land in an agricultural zone. The Secretary -Treasurer reported that 25 notices of the said hearing had been mailed in accordance with Item 5 of the Rules of Procedure. Mr. Veikko Onjukka, applicant, appeared in support of this application. No other person appeared in support of, or in opposition to this application. Page 8 Meeting June 20, 1973, Committee of Adjustment; ..Mr. Onjukka, under oath, stated that he wished to sell approximately 40 acres containing a dwelling house and greenhouse. He will retain approximately 10 acres and build a new house. He purchased the property approximately 3 years ago in September, 1970 and started market gardening as a full time job. This turned out to be an unsuccessful venture moneywise and he now has to work away from home to make a living. The greenhouse is of plastic and wood construction. Mr. Onjukka indicated on the pencil sketch included with the application, the location of the existing buildings on the 40 acre parcel and a stream which he proposes to keep on the 10 acre parcel. This 10 acres is scenic and not good farmland. Application adjourned to enable the Committee to inspect the property. As a matter of record the Committee inspected this property on June 15, 1973 and noted the following facts: 1. The applicant purchased approximately 50 acres of land about 3 years ago and constructed a small home and a large greenhouse on the property; 2. The Committee inspected the greenhouse, and a crop of hot house tomatoes was just ready for harvesting; 3. The greenhouse was approximately loo' x 2001; 4. The Committee pointed out to the applicant that his proposed division of the land is not proper, in that the one parcel of land would not have sufficient road frontage; 5. The Committee indicated they would consider the matter and that it appeared that the application, if given favorable consideration, would have to be amended and, if granted, conditions would probably be imposed. Following a lengthy discussion the Committee concluded as follows: 1. The Committee are satisfied with the bona fides of the applicant and that he can qualify under the provision of "farmer retaining a lot" (Append. 1."j"); 2. The Committee are not satisfied that the shape of the lot he seeks to retain is good planning; 3. The Committee would suggest to the applicant that he submit a proper Plan of Survey, prepared by an Ontario Land Surveyor, for a more regularly shaped lot or, in the alternative that he give full reasons for the shape of the land he wishes to retain; 4. The Committee point out that adequate road frontage should be retained. Application adjourned and the Secretary -Treasurer was instructed to send a copy of these minutes to the applicant. CLASSIFICATION 10 "A" (j) Meeting adjourned at 11:00 p.m. �' e-. Secretary -Treasurer, " Chairman