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HomeMy WebLinkAbout11/06/1973C MEETING OF THE COMMITTEE OF ADJUSTMENT Tuesday, November 6, 1973 at 7:00 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 Tuesday, November 6, 1973. The following applications were ! brought forward and the oral representations on same as submitted at the mekting held on Monday, November 5 1973 were.duly reviewed and recorded. Application File "A"21.-73 Stanley Gujda, Owner, 1519 Park Road South, Oshawa, Ontario, Howard Swartz, Agents Barrister & Solicitor, 22 King St. W.. Oshawa, Ontario,. Lot 8, Con 2, Township of Clarke, Submission No. "A"21-73-21 As business arising from the minutes of July 24,26,1973 this application was brought forward for further consideration. 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 support of, or in opposition oto this application. As a matter of record Chairman E.R. Lovekin B.A. LL.B., withdrew from participating in this application, having previous knowledge of the matter and Mr. K. Schoenmaker, senior member, conducted the hearing of this application. The following material was presented to the meeting: 1. Correspondence from Merrill D. Brown Limited, OLS, 121 Queen St. Bowmanville, Ontario, dated October 9, 1973. The Committee noted the contents thereof and the Secretary was instructed to include the entire letter in these minutes:. "Mr. Stanley Gujda, .1519 Park Road South, Oshawa, Ontario. Dear Mr. Gujda: At your request, I have conducted a topographic survey of part of Lot 8, Concession 2, in the Township of Clarke, in the proximity of the building lot on the eat side of County Road Number S. immediately north of the Village of Newtonville. I enclose 4 copies of a plan illustrating the existing topographic features of the area. The extent of the watershed in this area, about 8 acres, originates approximately 600 feet East of the County Road. The land is presently under cultivation and consists of a soil type known as Bondhead sandy loam which has good drainage and porosity characteristics. Assuming a maximum intensity rainfall of 2.75 inches per hour and applying the Burkli-ZEigler formula, Q = MRC the maximum run-off that can be expected is 7.9 cubic feet per second. Page 2 Meeting Committee of Adjustment, November 6, 1973: This relatively small flow can easily be accomodated by the 18 inch diameter culvert under the County Road (as shown on the plan). The existing grade on the proposed building lot (denoted subject lands on the plan) is approximately 4' to 5 feet above the invert of the existing ditch which is along the Southern perimeter, and therefore, there is little possibility of any flooding on the subject lands. As it is evident from the plan that the lands adjacent Southerly will be used as a roadway (since this area is designated for future residential use b,, the proposed official plan for the Township of Clarke,) the existing ditch can be considered in the same light as the ditch which contains the run-off along the East side of County Road Number 8. As the set -back require- ments from the County Road ditch (which will normally contain a greater flow than the excavated ditch along the Southern perimeter of the subject lands) are approximately 57 feet, there should be no additional hazard from flooding to the proposed dwelling from the excavated ditch. As the soil within the watershed has good porosity characteristics it will be a rare occasion for this ditch to contain water except at extreme rainfall intensities and at spring -melt times when the watershed is frozen. Although Section 3.8 in By-law number 1653 is not explicit in requiring 100 feet set -back from watercourses, the Municipality enforces the requirement by implication.Therefore, a minor variance of North side -yard of 7 feet as well as a variance of 52 feet from the excavated ditch for the garage, and, a variance of 32 feet to the dwelling, will have to be obtained in order to secure a building permit for the suggested dwelling. I would suggest that the ditch be widened approximately 13-2 feet to the sDuth to permit containment of maximum flows. Sodding of the side slopes would reduce any possibility of scour- ing as well as improving the aesthetic appeal. I trust that this report will be of assistance. Yours very truly, (sgd.)"M.D. Brown"` MDB/mjb M.D. Brown, P.Eng., ENCLS: Ontario Land Surveyor. 2. Plan showing elevations on part of Lot 8, Concession 2 Township of Clarke, County of Durham, Scale: 1 inch= 40 feet, dated October 9, 1973, file 73303 - A stamped "Registered Professional Engineer Civil, M.D. Brown "M.D. Brown" Province of Ontario; This submission was most ably argued by Mr. Joel Palter, Barrister and Solicitor, of the City of Oshawa. Mr. Palter thoroughlyreviewed the exact wording of Section 3.8 of by-law 1653. The Committee pointed out to Mr. Palter that an appeal against a decision of the Committee permitting an applicant to build closer than 100' to a pond is pending (Ontario Municipal Board Reference S 103; the appointment for hearing being dated 6th October, 1972.) A hearing date of 1st October 1973 was cancelled, with a new date to be set (ref correspondence from Ontario Municipal Board, dated September 4, 1973? "K.C. Andrews, Secretary."). PEIge 3 Meeting Committee of Adjustment, November 6, 1973: The Committee were, however, fully prepared to listen to any relevant legal argument on the interpretation of section 3.8. Mr. Palter pointed out that the referenced section could be interpreted as requiring that no building or structure should be built within one hundred feet of any stream,or river bank or (repeat conjunctive "or") in (repeat in) a flood plain. (I.E. not within 100' of a flood plain). He also pointed out that the section directs that credence be given to the findings of an Ontario Land Surveyor in certain circumstances. The Committee found Mr. Palter's submissions most ably presented in form and most interesting in content. Since the main question is really under active consideration by the Ontario Municipal Board it would have been most interesting to have seen the OMB decision in the pending appeal before deciding this case, but that is not possible Mr. Palter also stated that he had spoken to Mr. S.B. White, Ganaraska Region and Conservation Authority and had sent him a letter with a copy of the survey. Mr. White intimated to Mr. Palter that it is not the policy of the Water Resources to provide any such support unless asked for from the Municipality in which case he would be willing to give his support, but not to private individuals. He had inspected the property and as long as the drainage from east and north remained open there appeared to be no serious problem; the size of the culvert appeared alright and the only problem was to see that there was no serious ponding. It was up to the Town Engineer and Developer to satisfy that everything was alright. These were verbal statements by Mr. White, knowing that he would be quoted by Mr. Palter before the Committee. On the facts of the particular case and giving special weight to the professional opinion of M.D. Brown OLS., the Committee were of the opinion that the application as presented should be granted. The application form was amended to conform with the suggestions made by Mr. Brown and initialled accordingly. On motion by E.F.R. Osborne and seconded by K. Schoenmaker a minor variance of north side -yard of 7 feet as well as a variance of 52 feet from the excavated ditch for the garage, and, a variance of 32 feet to the dwelling was granted, 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; 2. This decision should not be registered on title until the said time for appeal has lapsed when the applicant 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. Page 4 Meeting Committee of Adjustment, November 6, 1973: Application File No. "B"70-73 Mrs. Kathleen St. Marie, Owner, 2 Bracken Avenue, Toronto Ontario, Mr. A.E. St. Marie, Agent, 2 Bracken Avenue, Toronto.Ontario for part of Lot 7, Con 6., Township of Clarke, Submission No. "B"70-73-7,0 Application was made for exemption or partial exemption from provisions of the Planning Act to permit the mparation of J approximately 40 acres from the applicant's land. The Secretary -Treasurer reported that 26 notices of the said hearing had been mailed in accordance with Item 5 of the Rules of Procedure. Mr. A.E. St. Marie, as agent for the applicant 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: 1. A photostat pencil dawing of the property as .a whole and indicating the two 40 acre parcels and a parcel remaining of.approximately 30 acres with._a cabin thereon; Mr. A.E. St. Marie, under oath, stated the following facts: 1. He purchased the property approximately 12 years ago to give to his children; 2. There are approximately 110 acres which he proposes to divide as follows: 40 acres to two daughters; 40 acres to two daughters and the 30 acres to his son; 3. The proposed severance will be of the centre 40 acres; Application adjourned to enable the Committee to inspect the property. CLASSIFICATION 10 "A" Application File No. "B"72-73 Ken Henderson, Owner, R.R. N. Orono, Ontario, for part of Lot 23, Con 7, Township of Clarke, Submission No. "B"72-73-72 Application was made for exemption or partial exemption from provisions of the Planning Act to permit the separation of approximately 11§ acres from the applicant's land. 16 notices of the said hearing were mailed in accordance with Item 5 of the Rules of Pro- cedure / Mr. Ken Henderson,apF icant,accompanied by his son-in-law Mr. Brian Colville, 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: 1. A photostat pencil sketch of the "property of Ken Henderson"and indicated thereon was the proposed severance of 1h acres with a depth of approximately 328' and a frontage of 200' on a "public sideroad between 7th and 8th line" Mr. Ken Henderson, under oath, stated the following facts: 1. He lives on the farm, containing 120 acres, which has been in the family for 4 generations; 2. This application is for the severance of lh acres for a dwelling; Page 5 3. His daughter was born and raised onthe farm and would like to continue living on the farm if possible. She also assists with some of the farm work; 4. This is a mixed farming operation; 5. He is 57 years of age, and his major source of income is from the farming operation; - The Committee intimated to Mr. Henderson that if this application was granted the usual condition regarding the land remaining in the family name for a period of 5 years will apply and also this application will exhaust his "farmer retaining a lot" provision. Application adjourned to enable the Committee to inspect the property. CLASSIFICATION 10 "A" Sec. Append. 1 "1" Application File "B"73-73-73 Herman Horstman, Owner, Ovens Road, Newtonville, Ontario, W. Kay Lycett Q.C., Agent, Barrister & Solicitor, Orono, Ontario, for part of Lot 10, Con 1, Township of Clarke, Submission No. "B"73-73-73 Application was made for exemption or partial exemption from provisions of the Planning Act to permit the separation of approximately 22 acres from the applicant's land. Mr. Herman Horstman, applicant, accompanied by his agent, W. Kay Lycett Q.C., Barrister & Solicitor, Orono, Ontario, appeared in support of this application. No other person appeared in support of, or in opposition to this application. The following persons also appeared Joel R. Palter Esq., Barrister & Solicitor, Oshawa, Ontario, Mr. Stan Gujda, 1519 Park Rd. South, Oshawa, Ontario, abutting owners Mr. Ben Angi and Mr. Peter Willems. The Secretary -Treasurer reported that 23 notices of the said hearing had been mailed in accordance with Item 5 of the Rules of Procedure. The following material was presented to the meeting: 1. Correspondence from W. Kay Lycett Q.C., dated October 17, 1973. The Committee noted the contents thereof and instructed the Secretary to include the relevant facts in these minutes: "Mr. and Mrs. Horstman have presently entered into a conditional sale of the part of their lands being vacant, such sale being conditional on receipt of your Committee's consent for severance. It is 'ir. Horstman's proposal to retain approximately two acres of his present holdings at the north end which is occupied by his dwelling house. The proposal parcel to be retained to have a frontage of 300 feet or more. I believe your committee is familiar with the subject lands by reason of the fact that Mr. Horstman obtained from your committee recently consent to severance a portion of his original holdings for sale to an adjacent owner to the north, Mr. B. Angie." Page 6 Meeting Committee of Adjustment, November 6, 1973: " In view of the fact that we have a mandatory closing date of December 17th and the fact also as you are aware that your present committee loses jurisdiction in these matters after the end of the year, we wonder in the circumstances if we might have an official decision at your next meeting November 5, 1973. If a visitation to the property by the committee is necessary the same could be carried out before that date. It is the writer's belief that this application will be considered on the basis of a farmer retaining a lot on the sale of his farm property and on the fact also that this property lies within the residential area of the hamlet of Newtonville." „ (sgd.) W. K. Lycett" per "R.S." 2. A preliminatey sketch of the property prepared by Merrill D. Brown Limited, 121 Queen St. Bowmanville, Ontario file 68093 D. Mr. Herman Horstman, under oath, stated that he has owned the land since 1960 and this is all the land he owns. He wishes to retain 2.06 acres with 300' frontage and sell the remainder of approximately 22 acres. The Committee perused the preliminary sketch and noted that the part to be retained would have 300' frontage and contain approximately 2 acres and not 1.06 acres as indicated on the preliminary sketch. The Committee noted from the by- law that "RR" zone for the Hamlet of Newtonville was immediately north of these lands and did not come far enough south to include the applicant's land and consequently the zoning for the area was "agriculture". Mr. Ben Angi and Mr. Peter Willems, indicated verbally that they had no objection to this application. Mr. Angi's only concern was that he wished to be assured that a proper boundary fence would be erected between the lands being sold by Mr. Horstman and his land. The proposed purchaser Mr. Gudja, through his solicitor, Mr. Palter confirmed to the Committee that he would give Mr. Angi an enforceable undertaking to erect a standard Page Wire 8 Strand fence. This will be prepared by his solicitor Mr. Palter. The Committee intimated that this undertaking is to be forwarded directly to the Secretary of the Committee of Adjustment. No consent will be aiven to the deed until such an undertaking is received. Application adjourned to enable the Committee to inspect the property. CLASSIFICATION 10 "A" Page 7, Meeting Committee of Adjustment, November 6, 1973: Application File "A"31-73 Application was made for sub -division control by-law minor variance under section "G" T.M. Wayne Blackburn, Owner, R.R. #1, Orono Ontario, Concession 3, N. Pt. Lot 32, Property #281,. Township of Clarke, Submission No. "A"31-73-31 exemption from provisions of 1592 as amended by by-law 1653 for a Appendix 1, Section 1, Subsection Mr. T.M.W. Blackburn, applicant, appeared in support of this application. No other person appeared in support of, or in opposition to this application. The Secretary -Treasurer reported that 17 noticesof the said hearing had been mailed in accordance with Item 5 of the Rules of Procedure. The following material was presented to the meeting: 1. Photostat copies of a Concession 3, Township M.D. Brown OLS., and the proposed addition; Plan showing part of Lot 32, of Clarke, prepared by a sketch of the house and Mr. Blackburn, under oath, stated the following facts:. 1. He wishes to construct an addition to the existing structure. He is unable to comply with the requirements of the By-law of 93' from the centre line of the road allowance and is requesting a variance of 24' to permit an addition to be built at a distance of 69' from the centre line of the road allowance between Concession 3 & 4, Lot 32. The house was built in 1965. The Committee perused the material presented and this application was adjourned to enable the Committee to inspect the property. CLASSIFICATION Appendix 1, Section 1, Subsection "G" 10 "A" Application File "A"34-73 Nelson J. Leudke, Owner, 111 Taunton Rd. E., Apt 230, Oshawa, Ontario, part of Lot 10, Con 1, Township of Clarke, Submission No. "A"34-73-34 Application was made for exemption from p7ovisions of sub- division control by-law 1592 as amended by by-law 1653 for a minor variance from required side yard of 25' to side yards of 17.51on each side of a proposed dwelling in an "RR" zone. Mr. Nelson J. Leudke, applicant, appeared in support of this application. No other person appeared in support of, or in opposition to this application. The Secretary -Treasurer reported that 16 notices of the said hearing had been mailed in accordance with Item 5 of the Rules of Procedure. The following material was presented to the meeting: 1. Photostat copy of Plan showing part of Lot 10, Concession 1 Township of Clarke, prepared by M.D. Brown OLS., dated Sept 6, 19659 465110; and indicated thereon the proposed 2 storey dwelling on the centre lot and the location of a 1 storey house to the East and a 1 storey house to the vest. Page 8 Meeting Committee of Adjustment November 6, 1973: Mr. N.J. Leudke, under oath, stated that failure to grant the requested sideyards would necessitate the scrapping of the plan of the home that he would like to build and the matter was, therefore, of some importance to him. The Committee perused the material presented and noted that the plan as filed by the applicant placed the living room part of the home adjacent to the neighbour to the west, one Trueman Henderson, and places the double garage on the east side of the home next to the adjacent neighbour one Norman Carr. Mr. Leudke stated that he had spoken to Mr. Henderson and Mr. Carr,and neither one had any objection to the location of the proposed dwelling. The Committee noted that it might be advisable to reduce the sideyard to the west where the living room abutted the building line as opposed to the garage to the east which abutted the common boundary line. The Committee also noted that the design of the house was such that the sunken living room was on the west side of the house and the contour lines of the lot were such that this was the only way that the house could be constructed. Application adjourned to enable the Committee to inspect the property. CLASSIFICATION Append 1 (f) Meeting adjourned at 11:30 p.m. Secretary-Treasu .r