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HomeMy WebLinkAbout07/26/1973r 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. Page 2 Reehi.ng July 26, 1973: Committee of Adjustment The Secretary -Trea=surer presented the following material to the meeting: 1. Correspondence received from Z.D. Brown OLS., 121 Queen Street, Dcwmanville, Ontario, dated July 4, 1973: ina "It is my understnnd/tnat this application has not yet received the final consent of the Committee due to difficulties in resolving the technical separation of a parcel adjacent to deed numbers 46019 and 1117038, by the conveyance of the narrow stip of land (designated as Fart 2 on Plan Number 73117)tc Dr. Guselle. As the lands designated as Farts 2 and 3 are intended as a temporary frontage on an improved road, And an this arrangement is generally approved by Council, I would suggest that an agreement between Mr. Carscadden, Dr. Guselle and the Township be prepared as a condition to this seraration. This agreement would acknowledge that the small parcel technically separated, would not be considered a separated parcel under Zoning By - Law 1653 and hence not eligible- for a building permit. As the separated parcel is considerably smaller than the required 40 acres, no building Permit could be issued without a minor variance application. Ths future re -conveyance of Fart 2 from Dr. Guselle to Carscadden would meld the property and the problem would cease to exist. I have spoken to Mr. Carscadden regarding this agree - men£ and he has assured me that he has no objection to this arrangement. For the protection of all those concerned, it is also suggested that this agreement be registered on title as a Deposit. I trust that this letter will be of assistance in this matter. Yours very truly, (signed) "M.D. Brown" 2. Correspondence received from Horace R. lest, Clerk Township of Clarke, dated July 102 1973: "Further to our letter of may 91 1973 regarding the abovo reference-, we further advise as follows: Mr. Carscadden', applicotion was brought forward for further consideration during the regular meeting of Council on July 3, 1973. Pursuant to same, the following resolution was duly moved, seconded and carried. "In reply to correspondence from Committee of Adjustment under date of June 22, 1973 regarding the applicati.;n of John Edward Carscadden (FileB14-73-14) the Clerk be instructe=d to reply that Council cannot, contemplate i_m roving the north portion of the side - road between. Lot 16 and 171 Concession 7, at this time." Yours truly, (signed) "Horace P. best" Following further discussion this application was then adjourned to be reviewed and finalized at the meeting to be held on July 26, 1973. CLASSIFIC",TICN 10 "A'' As a matter of record, this application was again brought forward for consideration at the meeting held on July 26, 1973; The Committee reviewed the minutes of meetings April 24, June 11, July 23, 1973; recalled their inspection of the property on May 169 1973; reviewed the correspondence from Merrill D. Brown CLS, under date of July 4, 1973 and the fact that there had been negotiations.with Council in regard to improving the road between lot -.s 16 and 179 Concession 71 Township of Clarke. J Page 3 July Meeting Committee of Adjustment 2c, 1973: The Committee also noted that the Township Council had requested that this matter be set over until they had investigated the feasibility of issuing a building permit based on access on the north -south Township Road located on the East side of the pro;:erty. Mr. K. Schoenmaker, member, informed the Committee, following enquiry to the Clerk - Secretary of the Planning Board, Mr. H.R. Best, he had learned that the Township felt that they could not issue a building permit based on access from the north -south Township Road, as this might involve them in bringing this road up to DHO standards which would involve too high costs. The Committee noted, that therefore, the only acceptable access would be from the north side of the property and this would entail an entrance from the north side of the property to the east -west highway with a private road until the dwelling be constructed. The present submission obviously seeks to give the proposed purchaser access to a properly maintained road and the shape of his lot is being governed accordingly. The purchaser will, therefore, be responsible for constructing his own internal road from his building site to the properly maintained road abutting the north of the subject property. Unfortunately because a fee simple interest must be granted the purchaser, a small piece of land to the north-east is severed in the process. Apparently the vendor wishes to retain this parcel as it has a water supply on it which may be used by grazing cattle. It is brought to the attention of all parties concerned that this portion of land would not qualify for a building permit. It could, of course, be used for some agriculture purpose. On the very particular facts of this case the severance is granted as shown on the Flan of Survey, Plan 10 R, prepared by Merrill D. nrown Limited, Bowmanville, Ontaric, File 73117, dated June 7, 1973, it being fully recognized that the shape of the lot is being dictated by the need for a proper access. Application granted on motion by K. Schoenmoker, seconded by E.F.R. Csborne. Carried. CL.SJIFICATICN 10 "A'' Application File "B"19-73 G,A. Wanless, Owner, 84 Chestnut Park Road, Toronto 229, Ontario, Roy A. Foster, '.gent, Kendal, P.O. Ontario, for part of Lot 20, Con S. township of Clarke, 'ubmission No. "3"19-73-19 As business arising from minutes of June 11, 1973 meeting this application was brought forward for further consideration. Mr. Roy k. Foster, agent, for the applicant appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr. Merrill D. Brown OLS., also appeared. Mr.. Foster, under oath, presented the following material to the meeting: 1. A certified Plan of Survey, signed by E.D. Brown OLS, Bowmanville, Ontario, dated July 22, 1973, File 71202 B; which clearly illustrated the remainder to be held by Mr. Wanicss to be 74.71 acres; This sufficiently identifies the property to be retained so that ,,,,it %.ouldslidentified beyond any possible dispute and indicates the property to by sold to be 114.276 acres; C C Page 4 Meeting Committee of Adjustment, July 269 1973: Mr. Foster requested permission to amend the application as follows: Area to ba severed 114.276 acres; Area remaining 74.71 acres; This request was granted and the application was amended to conform with the Plan of Survey submitted. The Committee: 1. Reviewed the minutes of June 11, 1973; 2. Recalled their inspection of the property on June 12, 1973; and concluded that since the first of April. 1973, a deposited reference plan is necessary and'the information contained in the Flan of Survey submitted will be incorporated in such a Plan. The Secretnry-Treasurer was instructed not to certify any deed until the 1QR Plan was delivered to the Committee and upon this condition preceding; the application was granted on motion by K. Schoenmaker, seconded by E.F.R. Csborne. Carried. CLASSIFICATICN 10 "A" Application File No. "B"26-73 Veikko & Anja Onjukka, Owners, R.R. 42 Newcastle, Ontario, for part of Lot 31, Con 39 Township of Clarke, Submission No. "B"26-73-26 As business arising from the minutes of June 11, 1973, this application was presented for further consideration. Er. Merrill D. Brown OLS., Boymanville, Ontario, appeared in support of this application. No other person appeared n support of, or in opposition to this application. Mr. Aerrill D. Brown, under oath, presented the following material to the meeting: 1. A sketch of Survey, dated July 20, 1973, file 73164 prepared by Merrill D. Brown Limited, Land Surveying & Engineering, 121 Queen St., Bowmanville, Ontario, with certain amendments shown thereon in pen and ink} 2. Mr. Brown indicated on the Plan of Survey, the area to be retained will be a regularly "L" shaped parcel not to exceed 10.64 acres having a frontage on the Lockhart School Road of 175' and the rear of the greenhouse is to be cleared by 35' in conformity with the By-law; The Committee reviewed the minutes of June 111 1973, recalled their inspection of the property on June 15, 1973 and following further discussion the application for a "farmer retaining a lot Append 1 (j)" was granted on motion by E.F.H. Csborne, seconded by K. Schoenmaker,lsubject to the following conditions: 1. That the "pen and ink" amendments be incorporated on a properly drawn 10R Plan and the application amended accordingly by the applicant; 2. That a restrictive clause be inserted in the deed of the land to be retained by the applicant as follows: "Subject to the restriction,limitati-n and condition that the lot retained from the lands severed by this decision shall not be sold, trRnsferred or conveyed, or any equity therein, Page 5 Meeting Committee of Adjustment, July 26, 1973: with the exception of a mortgage, be sold, transferred or conveyed to any person, firm or corporation other than to an immediate member of the "Onjukka"family for a period of at least 5 years from the date of registration of the deed of r_,rveyance and this condition shall be engrossed I n the said deed of conveyance". CLAS�-IFICATICN 10 "A" Append 1 (1) Application: Pile "A"20-73 Application File "A"21-73 CARRIED. Stanley Gujda, Owner, 1519 Park. Road South, Oshawa, Cntario, Howard Swartz, :kgent, Barrister c Solicitor, 22 King St. 11., Oshawa, Cntirio, Lot u, Con 2, Townshil. of Clarke, Submission No. "Z.1120-71-20 Submissi;.:n No.A21-73-21 As business arising fr.,m the minutes of July 24, 1973, these apl:,lication were brought forward for further considc;ration. Mr. Stanley Gujda, applicant, accomppnicd by Joel Falter Esq., representing agent Howard Swartz, Barrister & Solicitor, appeared in supl_ort of this application. No other person appeared in suprcrt of, or in opposition to this application. Merrill D. Brown CLS., Bcwmanville, Ontario, alwo appeared. As a matter of record Chairman E.R. Lovekin B.A. LL.B., withdrew from participating in these applications as he represents the vendor Plr. I•Iurray Fayne, as a Solicitor. Mir. 1. Schoenmaker, senior member, conducted the hearing of these ar plicr•tion:;. Following a lengthy discussion these applications were reviewed separately: Application "i-."2_0-73-20 - Lot art - b:r. M.D. Bro•,:jn CLS., submitted the follow4 ng recommendations with regard to Lot 42: (a) Additional lot grading to the north of the proposed dwelling, to the same or greater elevation of the lot to the south; (b) The bottom of the basement;windows of the proposed dwelling to be at an elevation of 1'-0" or greater than the elevation of County Road 48; (c) A reduction from the required sideyard requirements of 25' to 19' being a minor variance of 61; The applicant and his solicitor Joel Palter -Esq., verbally agreed to the aforementioned recommendations and requested permission to amend the application from the requested relief from sec. 3.8 to a request for a reduction from requircd sideyard requirements of 251 under append 1 sec. (f) to 191, a variance of 61; Page 6 Meeting Committee of Adjustment July 2c', 1973: The Committee agre-d with Mr. I'.rowr: that the result of allowing a sideyard vari_.nce of 6' would loc-te the proposed dwelling at a distance of 101' away frog, the watercourse. Applic=tion for a minor variance from the required 2SI to 19' was granted on motion by X. Schoenmaker, seconded by E.F.R. Osborne, subject to the follo ing conditions: 1. That there be additional lot grading to the north of the proposed dwelling, to the same or greater elevaton of the lot to the, south; 2. That the bottom of the basement windows of the proposed dwelling be at an elevation of 1'-0" or gre-ter than the elevation of County Road 48; 3. T .X= I;AR?1IIjG that thi s decision for minor variance of the Clarke Township Committee of Adjustment -TS NOT FI.4r.L 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 =ME FOR hFF '.L IS 21 DAYS FRCP; THE DATE that the minutes of this decision have been mailed to the Minister of Municipal F.ffairs of the "Province of Ontario; 4. This decision should not be registered on title until the said time for appe>1 h -s lapsed when the applicpnt shall then register on title by way of Deposit a cc:y 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 cop.= thereof; 5. 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. CARRTE D. ApplI_<: "A"21-73-27. — Lot 413 The applicant Stanley Gujda and his agent Joel Falter Esq., requested that this application be adjourned sine die. This request was granted by the Committee. CL:-SSIFTC ATICN RF. Meeting adjourned at 10:30 p.m. Secretary -Treasure