HomeMy WebLinkAbout07/24/1973Page 4
Meeting Committee of Adjustment July 23, 1973:
The Committee were of the opinion that Boyd Harris, having
terminated farming activities; his widow stands in his place and
is entitled to retain a lot upon the sale of the farm.
The Secretary was instructed to request the agent to submit
a proper Plan of Survey, of the proposed severance and this
application was adjourned awaiting receipt of the requested
material.
CLASSIFICATION 10 "A"
Append 1 i
The Committee having heard all oral representations from the
applicants and their agents, the meeting was adjourned at 11:30
p.m. on motion by E.F.R. Osborne and seconded by K. Schoenmaker
to be re -convened on Tuesday, July 24, 1973 at 9:30p.m.aft�__.,
inspection of proper tiesi Council Chamber, Orono, n�r/'
Secretary-Treasur Charm an
MEETI:JG OF THE
COMMITTEE OF ADJUSTMENT
Tuesday, July 24, 1973 at 9:30 p.m.
Council Chamber,
Orono, Ontario.
Present: E.R. Lovekin B.A. LL.B., Chairman,
K. Schoenmaker, Member,
E.F.R. Osborne, Member,
Mr's. Ellen M. Yeo, Secretary -Treasurer
The meeting of the Committee of Adjustment re -convened on
Tuesday, July 24, 1973. The following applications were brought
forward and the oral representations on same, as submitted at the
meeting held on Monday, July 230 1973 were duly reviewed and recorded.
Application File No. "B"30-73
E.C. Copping, Owner,
R.R. 41 Orono Ontario,
for part of Lot 21, Con 6,
Township of Clarke,
Submission No. "B"30-73-30
Application was made for exemption or partial exemption from
provisions of the Planning Act so as to permit the separation
of 150' x 290' approximately 1 acre in area from the applicant's
land.
The Secretary reported that 20 notices of the said hearing had
been mailed in accordance with Item 5 of The Rules of Procedure.
Mr. E.C. Copping, applicant; accompanied by his son and daughter-
in-law Mr. and Mrs. Robert Copping appeared in support of this
application.
The Secretary -Treasurer presented the following material
to the meeting:
1. Correspondence from Robert A. Edmunds, P. Eng.,
Counties' Engineer and Road Superintendent,
Cobourg, Gnta.rio, dated June 26, 1973. The Committee
noted the contents thereof;
2. Report from Haliburton, Kawartha, Pine Ridge
District Health Unit, P.O. Box 337, Cobourg, Ontario;
Mr. Copping, under oath, stated the following facts:
Page 2
Meeting of Committee of Adjustment, July 24, 1973:
1. He has owned this property since on or about 1926;
2, His major source of income is from the £arming operation.
He is actively engaged in a cow -calf operation consisting
of 45 head including the ones owned by his son, Robert
Coppingwho is regularly employed but also assists on
the farm;
3. The farm consists of approximately 97 acres. 3 acres
were severed approximately 20 years ago. Mr. Copping
bought 20 acres on the north portion of lot 21 from
one W.T. Tebble at the same time as his son, Harold
Copping, acquired the 3 acres;
4. The proposed severance is for his son Robert Copping
and family who are presently living with him;
K. Schoenmaker, member, asked Mr. Copping if he would be
continuing the farming operation and Mr. Copping replied that this
would be a combined operation.
The Committee attached special importance to the fact that
the applicant was in his 70th year and needs the help of his
son.
Application adjourned to enable the Committee to inspect the
property.
The whole Committee inspected the property on Tuesday, j my
24, 1973 and spoke to the applicant's daughter-in-law Mrs. Robert
Copping. Their inspection verified the facts presented at the
hearing.
The Secretary was instructed to request the applicant to
submit a proper Plan of Survey prepared by an Ontario Land Surveyor,
it being understood that this application will exhaust his "farmer
retaining a lot" provision and that the usual condition regarding
the land remaining in the family namefor a period of 5 years will
apply.
Application adjourned awaiting the required material.
CLASSIFI-ATICN 10 "A"
Append. 1 j)
Application File "B"31-73-31 Mary Thompson, Owner,
Application File 111"18-73-18 R.R. 42, Orono Ontario,
for part of Lot 31, Con 7,
Township of Clarke,
Submission "B"31-73-31
Submission "A"18-73-18
The following applications were presented -
1. File "B"31-73-31 - Application was made for exemption or
partial exemption from provisions of the Planning Act to permit the
separation of a parcel of land approximately 150' x 3001, approximately
45,000 sq ft from the applicant's land;
2. File "A"18-73-18 - Applic-tion was made for exemption from
provisions of sub -division control by-law 1592 as amended by by- law
1653 to retain an existing welding, repair and machine shop on
the severed lot;
The Secretary -Treasurer reported 18 hearing notices of the said
hearing had been mailed in accordance with Item 5 of the Rules of
Procedure.
File "B"31-73-31 -
Mr.Dennis hompson as agent, and son of the applicant, appeared
in support of this application. No other person appeared in support
of, or in opposition to this application.
Page 3
Meeti:ig Committee of Adjustment, July 249 1973:
The Secretary -Treasurer presented the following material
to the meeting:
1. Direction signed "Mary I. Thompson" authorizing
"my son Dennis Thompson, to act as agent for me and
on my behalf before your Committee" dated 28th day
of June, 1973;
2. A pen sketch of the proposed severance outlining
the location of the existing welding, repair and J
machine shop;
Mr. Dennis Thompson, under oath, stated the following facts:
1. The applicant, Mary Thompson, his mother, wishes
to sever an area on which is situate an existing
welding, repair and machine shop of many years,
in fact, since 1938;
2. The said welding shop has been in the family for 3
generations and has always been used as a repair
shop etc.
3. Mr. Thompson stated that he is continuing to use
the shop for welding and repairs etc., and has no
intention of changing the use;
4. This severance is requested to locate the shop on
a separate parcel of land;
Application adjourned to enable the Committee to inspect the
property.
As a matter of record the whole Committee visited the site
on Tuesday, July 24, 1973. Their inspection verified the facts
as presented.
Obviously it would be good planning to isolate this non-
conforming use on a specific piece of ground separated from abutting
residential property.
The Secretary was instructed to request the applicant to
submit a proper Plan of Survey, prepared by an Ontario Land Surveyor
and this application was adjourned awaiting the requested material.
CL .SSIFICATICP: 10 "A'1
File "A°'18-73-18 - Mr. Dennis Thompson as agent and son of
the applicant appeared in support of this application for a minor
variance. No other person appeared in support of, or in opposition
to this application.
This application was adjourned until such time as the Flan of
Survey is received for the proposed severance.
CLAS STFICI-.TION 10 "A"
J
Page 4
Meeting Committee of Adjustment, July 24, 1973:
Application "B"32-73 J.G. Stephenson, Owner,
R.R. 42, Newcastle, Ontario,
for part of Lot 23, Concession 1,
Township of Clarke,
Submission "B1132-73-32
Application was made for exemption or partial exemption from
provisions of the Planning Act so as to permit the separation
of approximately 9.385 acres in area from the applicant's land.
The Secretary reported that 23 notices of the said hearing had
been mailed in accordance with Item 5 of the Rules of Procedure.
Mr. J.G. Stephensono .applicant, accompanied by his daughter
and son-in-law Mr. and i°rs. Ross Boyd appeared in support of this
application. No other person appeared in support of, or in
opFosition to this application.
The Secretary -Treasurer presented the following material to
the meeting:
1.. Correspondence from A. Zembal, Planning Services
Supervisor, Operational Planning Services Office,
1201 Wilson Avenue, Downsview, Ont. M3M 1J82 dated
July 17, 1973. The Committee noted the contents
thereof;
Mr. J.G. Stephenson, under oath, presented a photostat copy
of the subject land and indicated thereon the Boyd residence
under instrument No. 50574. This is located on the lot in the
extreme north east corner of the entire farm. The lot next to it
under instrument 450573 is owned by another member of the family.
Mr. Stephenson stated the following facts:
1. This severance is requested to add to the land owned
under instrument 450574, the said property being
owned by his daughter Mrs. Ross Boyd;
2. The use of the land will be the same as it has been
for some years, namely, for the pasturing and.exercising
of 3.standard bred horses which are kept in a barn on
the lot created.by instrument 450573.
The Committee noted the following facts:
1. That while the land was being severed, in effect,
it was no more than an'adjustment of boundaries
between father and daughter on an existing farm and
having the effect of decreasing the father's farm
and increasing the daughter's acreage;
2. That the existing use was agricultural in keeping with
the zoning of the area;
3. No problem would be created by traffic as the existing
entrances were off the road allowance between Lots 22
and 23. The said side road running south from
Highway 42 dead ends at High «401 with the southern
extremity of the property owned by the applicant;
Following further discussion the Committee intimated they would require
a restrictive clause be included in the deed to the daughter. 1�1r.
Stephenson and Mrs. Ross Boyd, both under oath, verbally stated they
would have no objection to this condition.
Application adjourned to enable the Committee to inspect the property.
As a matter of record the whole Committee visited the site on
Tuesday, July 242 1973. The facts seen upon inspection were
essentially as stated in evidence..
The Secretary was instructed to request the applicant to submit
a proper Plan of Survey, prepared by an Ontario Land Surveyor and
this application was adjourni_d awaiting the submission of the
requested material.
CLASSI"!CATICI,I
Page 5
Meeting Committee of Adjustment, July 249 1973:
Application "B"33-73 Charles Stapleton & Owners,
Everett Stapleton,
R.R. 42, Crono, Ontario,
for part of Lot 302
Con 6, Township of
Clarke,
Submission "B"33-73-33
Application was made for exemption or partial exemption from
provisions of the Planning Act to permit the separation of a
parcel of land approximately 66'x1050'x1320' approximately 27
acres from the applicants' land.
The Secretary -Treasurer reported that 14 notices of hearing
had been mailed in accordance with Item 5 of The kules of Procedure.
Mr. Everett Stapleton, one of the applicants, apPeared 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. A sketch illustrating the proposed separation
prepared by M.D. Brown OLS., 121 Queen St. Bowmarville,
Ontario, dated July 59 1973, file 65142 - C;
The Committee referred to a previous application for severance
on this property. Lr. Everett Stapleton,under oath, confirmed
that a severance of 1.115 containing the existing dwelling and
barn was granted on the 10th day of May, 1971 under application
"B"292-71-233':
rr. Charles Stapleton and himself are now requesting a severance
of 27+ acres of abutting land in order to create a larger lot for,
the existing dwelling and barn. They hive a proposed purchaser
for the remaining 84 acres;
Mr. Stapleton was asked whether or not there was a possibility
that some other use would be made of the 27 acres to be severed
and he stated he was of the opinion that the 27 acres was being
added to an existing small lot of 1.115 acres including the dwell-
ing and barn, to make a small agricultural holding and th-t no
further dwelling would be considered on the enlarged lands.
The Committee confirmed with the applicant that this is not
an application to create a separate piece of land but rather the
adjusting of a boundary between existing properties.
Mr. E. Stapleton stated that due to ill health he is now
semi -retired and is not able to carry on a farming ol_eration.
Application adjourned to enable the Committee to inspect the
Property.
As a matter of record the whole Committee visited the site
on July 24, 1973 and the facts were as presented at the hearing.
The :secretary was instructed to request the applicants to
submit a proper Plan of Survey, prepared by an Ontario Land
Surveyor of the subject land and this application was adjourned
until such time as the requested material is received.
CLASSIFICATION 10 "A"
Page 6
Meeting Committee of Adjustment, July 24, 1973:
Application rile "B"34-73
William Skelding, Owner,
Newtonville, Ontario,
for part of Lot 8, Con 2,
Township of Clarke,
Submission No. "B"34-73-34
Application was made for exemption or partial exemption from
provisions of the Planning Act to permit the separation of a
parcel of land approximat--ly 103' x180' approxivately 111,24 sq.
ft. fr;m the applicant's land.
The Secretary -Treasurer reported that 20 notices of the said
hearing had been mailed in accordance with item 5 of The Rules of
Procedure.
Mrs. William Skelding, wife of the applicant, appeared in
support of this application. No other person appeared in support
of, or in opposition to this application.
Mrs. Wm. Skelding, under oath, stated the following facts:
1. Her husband, the applicant, is a fuel dealer, he
takes orders and delivers gas and oil to farmers.
2. The fuel is presently stored in underground storage
tanks, not in large tanks above ground level;
3. This property is zoned "Highway Commercial" and it
is proposed to sever an area from the existing commercial property
and to build a house. They will continue to conduct
the commercial business on the land retained.
Mrs. Skelding informed the Committee that the dimensions
shown on the application form were incorrect. The Committee granted
her request to amend the applic t -on and initial same.
Application adjourned to enable the Committee to inspect the property.
Asa matter of record the whole Committee visited the site on
July 24, 1973 and spoke to Mr. and Mrs. Skelding.
The Committee were of the opinion'that the lands sought to be
severed would probably h:,ve a higher and better possible use as
"Highway Commercial" than as "residential". A house is pre -eptly
under construction to the north of the land in question. The house
to the south is a single family residence;
When questionned as to whether they intended to apply for a
re -zoning, if a severance was granted, Mr. and Mrs. Skelding
seemed confused as to what course of action they should take and
they did not seem to be aware of the fact that a severance in
'itself would not affect a re -zoning. A severance would only create
an undersized Highway Commercial lot which would necessitate an
application to the Committee of Adjustment for approval of variances.
The matter was adjourned to the next sitting of the Committee
to give the applicants an opportunity to carefully review their
application.
The Secretary was instructed to send a copy of these minutes
to the applicants for their information.
CLASSIFICATICN HC
Page 7
Meeting Committee of Adjustment, July 242 1973:
Application File "B"35-73
Bert D. Mann, Owner
c/o J.L. Zeldin Q.C.,
Barrister & Solicitor,
23 Bedford Road,
Toronto, Ontario,
for part of Lots 17 ' 189
Concession 2,
Township of Clarke,
Submission No. "B"35-73-35
Application was made for exemption or partial exemptionfrom
provisions of the Planning +Act to permit the separ=t on of a
parcel of land approximately 65 acres from the applicant's land.
The Secretary -Treasurer reported that 32 notices of the said
hearing had been mailed in accordance with Item 5 of the Rules
of Procedure.
J.L. Zeldin C.C., Barrister & Solicitor, Toronto, Ontario,
appeared in support of this application. The following persons
appearedas observers: Mr. 11m. Malarenko, R.R. 42 Newcastle, Ontario;
Mr. Heinz Rottschaefer, 17 Connaught St. Oshawa, Ontario; Mr.
Clinton Farrow, Newtonville, Ontario and Mr. Wm. J. Clunny, Apt
3012 2 Wycombe Rd. Downsview, Ontario. No other person appeared
in support of, or in.opposition to this application.
The secretary -Treasurer presented the following material to
the meeting:
1. Direct:.on dated 20th June, 1973, signed "Bert D. Mann,
6408 Gunpowder Lane, Prospect, KY. U.S.A.,
,,This is to authorize, direct and appoint John Leon
Zeldin Q.C., of the City of Toronto to act as my
agent for me and on my behalf before your Committee."
2. Correscondence dated June 29, 1973, signed "J.L. Zeldin"
Barrister & Solicitor, Toronto, Ontario. The Committee
noted the contents thereof;
3. A photostat copy of the subject land, taken from
a Plan illustrating the location of a dwelling,
prepared by M.D. Brown OLS., Bowmanville, Ontario,
dated July 12, 1968, #k6a058A;
John Leon Zeldin Q.Z.C., as agent and on behalf of the applicant
Mr. Bert D. Mann, presented the follo,.;ing facts:.
1. Mr. Mann acquired a 65 acre parcel in 1967 from
one McReelis and subsequently bought another abutting
farm of approximately 150 acres on January 6, 1970
from Cidra Enterprises Co. Ltd.,
2. These farms were registered in Mr. I°ann's name and
under the Planning Act they are now one pro:erty,
therefore, to separate he requires consent from the
Committee;
3. Prior to moving to the United States, ;sir. Mann carried
on a farming operation. There is a sizeable dwelling
on the 65 acre parcel and the proposed purchaser is
one Ivan Magic, a Landscape Expert.
Application adjourned to enable the Committee to inspect the
property.
CLAS SITICATION 10 "A"
C
Paae 8
Meeting Committee of Adjustment, July 24, 1973:
As a matter of record the whoe Committee visited the
site on Tuesday, July 24, 1973. They spoke , on the site, to
the proposed purchaser who is now living in the property, Mr.
Mann the former owner having been transferred to Kentucky U.S.A.
by his employers Armour Elevator Company.
The land being severed was purchased on a separ,_,te deed and
is over 40 acres. The land being retained is over 40 acres.
The Secretary was instructed to request the applicant's agent
to submit a proper plan of survey prepared by an Ontario Land
Surveyor and this ..application was adjourned awaiting receipt of
the requested material.
CLASSIFICATICN 10 "A"
Application File 11A"20-73
Application File "A"21-73
Stanley Gujda, Owner,
1519 Park Road South ,
Oshai;a, Ontario,
Howard Swartz, Agent,
Barrister & Solicitor,
22 King St. LJ.,
Oshawa, Cntario,
Lot 8, Con 2,
Township of Clarke,
Submission No. "A"20-73-20
Submission No. "'."21-73-21
Two applications were made for exemption from provisions
of subdivision control by-law 1592 as amended by by-law 1653
for relief from section 3.8 Lands Subject to Flooding: -
Application File "A"20-73 --
Application File "A"21-73 -
The Secretary -Treasurer
of the said hearing had been
of the Rules of Procedure.
variance of 50' to permit an
attached garage to be located
approximately 53' from water course;
variance of 20' to permit a single
family dwelling to be located
approximately 83' from water course;
reported that 17 hearing notices
mailed in accordance with Item 5
Mr. Stanley Gujda, applicant, accompanied by Joel Palter Esq.,
representing agent Howard Swartz, Barrister & Solicitor, appeared
in support of this application. No other person appeared in
suppert of, or in opposition to this application.
The Secretary -Treasurer presented the following material to
the meeting:
1. Photostat copies of sketch indicating parcel
(2) and parcel (3) on which is outlined the location
of the proposed dwelling on each lot;
2. Lot Inspection Application dated June 26, 1973
from Haliburton, Kawartha, Pine Ridge District Health
Unit, Cobourg, Ontario, signed by inspector "Henry
A. Rood";
3. A photostat co; -y of a Plan of Building Lots on
part of Lot 8 Concession 2, Township of Clarke
prepared by Donevan and Fleischmann Company Limited,
OLS., 11 Ontario .t. Oshawa, Ontario.
4. Photostat copy of Reference Plan, de:,csited under
part 2 of the Registry Act, Jan 22, 1971 signed
"Murray C. Payne", prepared by M.D. Brown CLS., 1106
Bo��rnanville, Ontario, dated January 3.4, 1971, I'x71006;
As a matter of record chairman E.R. Lovekin B.P., LL.B., withdrew
from participating in these applications as he represents the
vendor Mr. Murray Payne, as a Solicitor. . . . . . .
Page 9
Meeting Committee of Adjustment, July 24, 1973:
Mr. K. Schoenmaker, senior member conducted the hearing of
these applications.
Joel Falter Esq., on behalf of the applicant stated that
Mr. S. Gujda has entered into an agreement of purchase and sale
with one Murray Fayne for 4 lots. These applications are for relief
from the required set back of 100' under section. 3.8 "lands
subject to flooding" for two lots.
Mr. Stanley Gujda, under oath, indicated on the Flan of Survey
and the photostat copies of the lots, the proposed location, of
the dwellings he wishes to build.
The Committee perused the said applications and were of the
opinion that the request was asking for a considerable adjustment.
Mr. K. Schoenmaker, Sr. member, produced sec. 3.8 of amending
by-law 1653 and discussed the fact that "no building or structure
or appurtenance thereto (other than conservation or flood control
projects) be install,d within 100' of any stream or river bank,
or in the floo.d plain of any water course, as determined by an
Ontario Land Surveyor."
The Committee st:�ted.that they would like to have submissions
from an Ont-irio Land Surveyor on what he would consider the flood
plain of this particular stream.
Following further discussion these applications were adjourned
to enable the Committee to inspect the properties and Mr. Gujda
was advised that the Committee may wish to discuss these matters
at greater length before handing down a decision.
Applications adjourned to enable the Committee to inspect the
properties.
CLASSIFICATICA; 3.8
As a matter of record the site was visited by Mr. K. Schoenmaker,
Sr. member and Mr. E.F.R. Osborne, member, the two Committee members
sitting on this application.
The Committee are of the opinion that fill should be added to
the south side of the drainage ditch to bring it up to the mean
level of the land on the south side (an increase in elevation of some
2' to 3' at the top of the bank) and a grass sloped bank should ensure
the confining of the water to the drainage ditch.
The Committee would be prepared to entertain the professional
opinion of an Ontario Land Surveyor as to slopes, drainage,
adequacy and distances involved.
A variance of the southerly side yard would be allowed to
facilitate adequate set back from the watercourse.
Applications adjourned to allow for further nepresentations.
The Secretary was instructed to send a copy of these minutes to
the applicant and his agent.
ELASSIFIC%TICN 3.8
Page 10,
Mee ung Committee of :,djustment July 24, 1973:
File "=."22-73-22
Ernest & Arlette Beaudette,Owner
Crooked Creek R.R. TM1,
Newtonville, Ontario.
Lot 9, Con 4
Township of Clarke,
Submission No. "A"22-73-22
Application was made for exemption from provisions of sub-
division control by-law 1592 as amen_ -ed by by-law 1653 for relief
from"sec 3.8 Lands Subject to Flooding:
The Secretary -Treasurer reported that 19 notices of the said
hearing had been mailed in accordanfe with Item 5 of the Rules of
Procedure.
Mr. and Mrs. Ernest Beaudette, applicants, appeared 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. Photostat copy of Plan showing park. of Lot 9, Con 4
Township of Clarke, prepared by M.D; Brown CLS.,
Bowmanville, Cntaric, dated Oct 23, 1968, 468096;
2. Lot Inspection Application from Haliburton Kawartha
Pine Ridge District Health Unit, signed"G. J. Hutchings"
Inspector, dated June 2.5, 1973 - annotated "satisfactory
provided (1) a variance of less that: 100 ft is allowed
to enable the tile field to be installed within 70'-75'
of the stream"
P:r. and Mrs. Ernest Beaudette, under oath, stated the
following facts:
1. They purchased the property on or =,bout June, 1970;
2. The existing house is deteriorating due to dry rot
and is also 3' over the road allowance;
3. This is a fairly large lot with a frontage of 138'
and having an area of 46,092 sq ft;
4. They prefer to demolish the present dwelling and
build a new house which would have the proper set back
from the road; however, in correcting the problem of
the set back they are creating the problem of a proposed
.tile field being too close to a stream under sec 3.8
of the :resent amending by-law 1653;
Application adjourned to enable the Committee to inspect the
property.
As a matter of record the whole Committee visited the property on
Tuesday July 24, 1973, no one was home. The following facts
were noted:
1. The stream through the property is well defined. The
creek bed contained moisture and some small pools of
water.
The Committee on looking at the whole property concluded
(a) the present house is partly on the travelled road and its
tearing down is very desirable because of its location and
condition;
(b) in locating a new house on the lot, reduction of the front
yard requirements is more desirable than reducing the distance of
the house and septic tank away from the stream.
Page 11
Meeting Committee of Adjustment, July 24, 1973:
The Committee recommend that the applicants consult Mr. Horace
R. Best, Building Inspector regarding a re -location of the
proposed dwellin77 hearing in mind the submissions made by the
Committee.
The matter was adjourned to the next sitting of the Committee
to give the applicants an opportunity to review their application.
CLASSIFICATION 3.8
Application File "A" 19-73-19
William Vroom, Owner,
93 Jackman Rd.,
Bowmanville, Ontario,
Lot. 22, Con 1,
Tok.:nship of Clarke,
Submission Nc. "i,1'19-73-19
Anplicat'cm was made for exemption from provisions of
subdivision control by-law 1592 as amen, -'ed by by-law 1653 for
a variance in set back of 11.95" from required set back of 93'
to 911.05" under appendix 1, sec 1, sub sec. (g);
The Secretarv—Treasurer reported that 16 notices of the said
hearing had been mailed in accordance with Item 5 of the Rules
of Procedure.
M,r. William Vroom, applicant, appeared in support of this
application. No other person appeared in support of, or in
opposition to this application.
Mr. Ivm. Vroom, under oath, stated that he had inadvertently
built the dwelling too close to the road. Upon completion
of the house, the new owners had the property surveyed and this
is when the error was revealed. Mr. Vroom stated that he had
located the house by physically observing the actual set back_
of other buildings. The house is located 91'.05" from the centre
of the road allowance instead of the required 93' resulting in
a variance of 1°.950 and is considered too close to the road under
the terms of the by-law.
Application adjourned to enable the Committee to inspect the
property.
As a matter of record the Committee visited the site.
The facts discovered upon inspection were essentially as stated
in evidence.
The Committee wish to point out that visual siting for a line
of set back is clearly not a sound practice and a proper surveyor's
line should be staked. Failure to take proper precautions may
result in an unsympathetic hearing by the Committee.
Application for minor variance requested of 1195" granted
on motion by E.F.R. Osborne, seconded by K. Schoenmaker, subject
to the following conditions:
1. TAK; WARNING that this decision for minor variance
of the Clarke Township Committee of Adjustment IS
NOT FIN.._, AND BI DING until the time for appeal by
any interested party has lapsed under the terms of
the Planning Act of the Province of Ontario. THIS
TIMI FOR APPEAL IS 21 DAYS FRCT THE TE that the
minutes of this decision have been mailed to the
Minister d- Municipal Affairs of the Province of
Ontario;
r
Page 12
Meeting Committee of=.djustment, July 242 1^73:
2. This decision should not be rraistered on title until
the s.id time- for 'ppe&i h==s 1-rsed when the applicant
shall then
of the Form
Forward to
a duplicate
thereof;
reoister on title by way of Deposit a copy
of Ce^:sent and shall forthwith thereafter
the Secretary o` the Committee of Adjustment
Certificw+te of De_,osit or a Notarial copy
3. P.idG FURTHER that upon receipt by the Secretary of the
aforesaid document, the appropriate administrative
officials o` the Township of Clarke shall be authorized
to issue any and .=11 necessary permits or to t-ke any
stets necessary to implement this decision.
C .R?IED.
CL;SLIFICA
7-
-L 10 "Art
This m.-eting a:as adjourned at 12:00 o'clock midnicht on
motion by K. Schoenm=ker, seconded by 7-.F.R. Osborne to be re-
covened at 7:30 p.m., July 26, 1973 in the Council Chamber, at
which tim- the rem.iring.pending files will be finalized.
Secretary -Trews er Chairman
MCETI'G Or THE
COMMITTEE OF ADjUSTN ENT
Thursday, July 26, 197'' at 7:30 p.m.
Council Chamber
Orono, Ont;--rio.
Present: E.R. Lovekin L. LL.B., Chaieman,
K. 1-choenmaker, Member,
,.F.R. Osborne, Member,
Mrs. Ellen M. Yeo, Secretary -Treasurer
The meeting of the Committee of Adjustment re -convened on
Thursday. July 26, 1973. The following applications were
broucht forward for further consideration.
:application File No. "B"14-73
John Edi✓ard Carscadden,Owner,
Kendal, Ontario,
I, Y.ay Lycett Q.C., °.gent,
Barrister & Solicitor,
Orono, Ontario,
*or part of Lot 17, Con 7,
Township of Clarke,
Submission No. "B"14-73-14
As business arising from the minutes of meeting June 11,
1973 this application was brought forward for further consideration
at the meeting held on July 23, 1973 and the facts are recorded
as follows:
Jchn Edward Carscadden, applicant, accompanied by his
agent W. Kay Lycett C.C., Barrister & Solicitor, Orono, Ontario,
appeared in sup,ort of this application. No other person
appeared in sup,,ort of, or in opposition to this application.