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HomeMy WebLinkAbout10/29/1973Page 16 Meeting Committee of Adjustment, October 10, 1973: Mr. Paul Riley was reminded that he was still under oath and Mrs. Paul Riley was then sworn. The Committee heard the oral representations of Mr. and Mrs. Paul Riley who pointed out that a gully ran from the cliff line to the Lakeshore Road making a natural line of division for two lots in the 12 acre parcel. The Committee felt that this argument would have merit in a request for re -zoning to a Planning Board, but that it is irrelevant within the framework encompassed by a Committee of Adjustment. The Committee reviewed the minutes of their meeting of September 10, 1973; recalled their inspection of the property and were of the opinion that they could not grant this application. Application refused on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. CLASSIFICATION 10"A" Meeting adjourned at 11:30 p.m. _61:71.1-1 Fc � J• V=� Secretary-Trea' rer MEETING OF THE COMMITTEE OF ADJUSTMENT Monday, October 29, 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 minutes of meetings October 9 and October 10, 1973 were approved on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. Application "A"29-73-29 J.J. Hentig, Owner, 115 Athol Street E., Oshawa, Ontario,' Part of Lot 32, Con 7, Township of Clarke, Submission No. "A"29-73-29 As business arising from the minutes of October 10, 1973 this application was brought forward for further consideration. No person appeared in support of, or in opposition to this application. As a matter of record the whole Committee inspected the property at 2:00 p.m. on Thursday, October 25, 1973 and the following facts were noted: 1. The house is set well back from the road on the west side of the main street running north and south through the Hamlet of Leskard, Ontario. . . . . . . . Page 2 Meeting Committee of Adjustment October 29, 1973, 2. The lot is well wooded largely with cedars and runs down to Wilmot Creek at the rear; 3. The whole setting is very picturesque and "woodsy". Such a lot is the perfect argument for a "Rural Residential" classification and is the opposite extreme to the typical "Subdivision" lot. To seek to screen the garage behind existing trees makes excellent planning sense in this location. Existing trees screen the garage from the road and contribute to the easthetic beauty of the site. The Committee reviewed the minutes of meeting October 10, 1973 and following further consideration application for permission to build a detached garage as applied for was 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; 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. CLASSIFICATION 10 "A" Sec 3.7 CARRIED. . . . . . . . . . . . . . Page 3 Meeting Committee of Adjustment, October 29, 1973: Application File "B"45-73 Victor Schneider, Owner, R.R. 43 Newcastle, Ontario, Richard Bates, Agent, R.R. 43, Newcastle, Ontario, for part of Lot 19, Con 1, Township of Clarke, Submission No. "B"45-73-45 As business arising from minutes of former minutes, this application was presented for further consideration. Mr. and Mrs. Richard Bates appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr. and Mrs. Bates were reminded that they were still under oath and Mr. Bates presented the following material to the meeting: 1. A Plan of Survey, prepared by "Charles F. Riley", Ontario Land Surveyor, R.R. #3, Newcastle, Ontario, dated October 18, 1973, Plan 10 R....; Mr. and Mrs. Bates indicated on the Plan of Survey that "part 1" area 1.01 is the lot they, wish to sever. The Committee perused the Plan of Survey; reviewed the minutes of meetings September 10, October 9; recalled their inspection of the property on September 29, 1973 and following further discussion the application was granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne, subject to the following conditions: 1. The granting of this severance for 1 acre will nullify the applicant's privilege of retaining another lot from the sale of his farm as provided for under Section Appendix 1, sub sec. 1 (j) "Farmer Retaining Lot" amending by-law 1653; 2. That the following clause shall be included in the deed to the 1 acre parcel retained by the applicant " SUBJECT to the restriction, limitation and condition that the lands herein described shall not be sold, transferred or conveyed, or any equity therein, with the exception of a mortgage, be sold transferred or conveyed to any person, firm or corporation other than to a person who is an immediate member of the "Schneider" family for a period of(5) five years from the date upon which the decision of the Committee of Adjustment of the Township of Clarke to the within conveyance becomes final, such date to be as shown on the copy of the decision of the said Committee which is attached to and forms part of this Deed." 3. That the deed of the one acre parcel contain a further recital to the effect that this severance,in the opinion of the Committee exhausts the rights of Victor Schneider to apply for a severance as a "Farmer Retaining a Lot" as defined in the existing amending by-law 1653. CARRIED. CLASSIFICATION 10 "A" Sub Sec 1 (j) "Farmer Retaining Lot" Page 4 Meeting Committee of Adjustment, October 29, 1973: Application rile "A"30-73-30 Ted & Maureen Remington, Owners, Box 62, Orono, Ontario, for part of Lot 29, Con 5, Township of Clarke, consisting of Lots 4;10;11 and parts of Lots 5;12;9;6, Police Village of Orono, Submission No. "A"30-73-30 As business arising from the minutes of October 10, 19739 this application was presented for further consideration. No person appeared in support of, or in opposition to this application. As a matter of record the whole Committee inspected the property on Thursday, October 25, 1973, and the following facts were noted: 1. The location is in the west side of the main North-South Street in the Police Village of Orono, which before Highway #115 was constructed, was the old #35 Highway running from the Lakefront to Lindsay. The street then traditionally has been and still is the main street of the Village of Orono; 2. The house is brick, approximately 100 years old with "Gingerbread" trim and the setting is ideal for a small town antique furniture sales outlet. The volume would be relatively small and the lot being "T" shaped, there is adequte parking area at the rear; The Committee: 1. Reviewed the minutes of meeting October 10, 1973; 2. Perused the Plan of the property concerned, particularly that part of the house to be used for the studio; 3. Discussed the provisions of section 4.1 "C" amending by-law 1653. The Committee wish to make it perfectly clear, however, that in accordance with Sec. 4.1 "C" they are specifically defining, in particular terms, the use that may be made of the premises and that this definition is as follows: "The applicants may, in addition to carrying on the calling of an artist, sell, offer for sale, exchange or trade all articles normally used as part of the decor and content of the studio itself and not so as to limit the generality of the foregoing, but for the purpose of specific definitionmay sell all articles such as picture frames, chairs, easels, painting supplies, rugs or floor coverings, tables, lamps, candle sticks and similar articles; and it is further agreed and understood that there would be no outside storage of goods and material and that 4000 sq. ft. of parking area would be provided for customers parking; Application for permission to extend the use to include the sale of antiques in an "R1" zone under sec. 4.1 sec. "C" amending by-law 1653 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 5 Meeting Committee of Adjustment, October 29, 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 "R1" Sec 4.1 "C" Application File "A"35-73-35 William Skelding, Owner, Newtonville, Ontario, for part of Lot 8, Con 2, Township of Clarke, Submission No. "A"35-73-35 Application was made for exemption from provisions of sub- division control by-law 1592 as amended by by-law 1653 for the following: (1) variance of 44' in frontage (150' reduced to 1061) (2) variance of 25,980 sq. ft. (43,560 reduced to 17,580 sq. ft.) under Sections "A" and "B", appendix 2. Mrs. Wm. Skelding, as applicant, appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mrs. Skelding under oath presented the following material to the meeting: 1. Plan of Survey, prepared by M.D. Brown 01S., 121 Queen Street, Bowmanville, Ontario, dated October 6, 1973, file 73281;' The Committee recalled that they had granted a severance of the area of 17,580 sq. ft. in a Highway Commercial" zone, at their meeting on October 10, 1973 and at that time "indicated that if, for technical reasons, a formal minor variance was required they would be prepared to grant such a variance upon application." The Committee noted that the business property had been zoned "Highway Commercial". This appeared unusual in that a similar type of business in the immediate area was zoned "Commercial". The zoning of "Commercial" in this area has no definition as to "front yard," "side yard" or "total area" requirements. The zoning of "Highway Commercial" has a requirement of 150' frontage and "1 acre in area". Because of the proximity of the Skelding's land in the Hamlet of Newtonville to the business section of Newtonville, The Committee were of the opinion that the rather large variance requested by the applicant could be justified on the particular facts of the case. Application as requested granted onmotion 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 AkD 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, i Page 6 Meeting Committee of Adjustment, October 29, 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 aforesaiddocument, 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. CLASSIFICATION HC Application File "B"38-73 CARRIED. Newcastle Mushroom Farms Ltd., Owner, R.R. #3 Newcastle, Ontario, Louis Bellefontaine, Agent, P.O. Box 406 Newcastle, Ontario, Lot 24, Broken Front, Township Clarke, Submission "B"38-73-38 As business arising from former minutes this application was brought forward for further consideration. Mr. and Mrs. Louis Bellefontaine, applicants, appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr. and Mrs. Bellefontaine under oath presented the following material to the meeting: 1. An RD Plan of Survey prepared by Charles F. Riley, OLS., dated October 26, 1973; Mr. and Mrs. Bellefontaine indicated "part 1, area 1.434 acres to be the lot they wish to sever. The Committee perused the Plan of Survey; reviewed the minutes of meetings September 10, October 9, 1973; recalled their inspection of the property on Saturday September 29th and following further discussion the application was granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne subject to the following condition: 1. That the following clause shall be included in the deed to the 1.434 acre parcel - "SUBJECT to the restriction, limitation and condition that the lands herein described shall not be sold, transferred or conveyed, or any equity therein, with the exception of a mortgage, be sold, transferred or conveyed to any person, firm or corporation other than to any one or more of the following former joint owners, namely, Louis Bellefontaine; Charles F. Riley; Paul Riley; C. Vince Austin for a period of five (5) years from the date upon which the decision of the Committee of Adjustment of the Township of Clarke to the within conveyance becomes final, such date to be as shown on the copy of the decision of the said Committee which is attached to and forms part of this Deed." CLASSIFICATION 10 "A" CARRIED. Page 7 Meeting Committee of Adjustment October 29, 1973: Application File "A"33-73-33 Peter Glasbergen, Owner, R.R. #1 Newtonville, Ontario, Stan Gujda, Agent, 1519 Park Rd. South, Oshawa, Ontario. for part of Lot 10, Con 1, Township of Clarke, Submission No. "A"33-73-33 Application was made for exemption from provisions of sub- division control by-law 1592 as amended by by-law 1653 for a minor variance from the required 150' frontage to a frontage of 117' in an "RR" zone, appendix 1 (a); Mr. Stan Gujda, agent, accompanied by Joel R. Palter Esq., Barrister & Solicitor, Oshawa, Ontario, 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. Correspondence from Joel R. Palter,B.A. LL.B., Oshawa, Ontario, dated 22nd October, 1973; The Committee noted the contents thereof; 2. Signed Authorization by "Peter G. Glasbergen" "appoint Mr. Stanley Gujda, 1519 Park Rd. S., Oshawa, Ontario, "to act as my agent in an application for Variance from the Committee of Adjustments" 3. Plan of Survey, prepared by M.D. Brown OLS., Bowmanville, Ontario, dated October 9, 1973, file 73195-A; This particular application has been made necessary by the definition in the By -Law regarding "Lot Line, Front:" Sec. 2.19" which reads as follows: "Lot Line Front means the lot line that divides the lot from the street, provided that in the case of a corner lot the shorter lot line that abuts a street shall be deemed to be a side lot line." Because of this definition the applicant must apply for a Minor Variance since the short lot line is not 150' in length. The Committee referred to Application "B"47-73-47 by Mr. Glasbergen and the decision of October 9, 1973. At that time "The Committee drew to Mr. Palter's attention the fact that the frontage on the north-west lot facing on the north road had a frontage of 117' rather than the required 1501" The Committee were also of the opinion "that if, for technical reasons, a formal minor variance was required that they would be prepared to grant such a variance upon application." As previously indicated the Committee are satisfied that on all the facts the land constitutes a desirable building lot with adequate frontage, but a dedicated street exists in that the house faces on the west side of the lot with a frontage of 425' but by definition this is not the side of the lot deemed to be frontage. Application for minor variance from required 150' frontage to a frontage of 117' in an "RR" Zone 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. Page S Meeting Committee of Adjustment October 29, 1973: 1. cont'd THIS TIME FOR APPEAL IS 21 DAYS FROM THE DATE that 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 Adjust- ment 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 "RR" General Business - The Secretary -Treasurer presented a paper headed "Municipal Government Restructuring Lectures", received October 17, 1973, Cobourg, Ontario. The Committee noted the contents thereof; The Committee discussed the heavy work load involved in finalizing applications for December 31, 1973 and it was moved by K. Schoenmaker, seconded by E.F.R. Osborne: - BE IT RESOLVED that the Committee were of the opinion that as many applications as possible should be finalized before the end of 1973 when their term of office expires under an Act to establish the Regional Municipality of Durham and it was, therefore, decided that applications received before the 5th day of November, 1973 shall receive priority treatment until finalization and all applications received after that date shall be dealt with in chronological order of their being received, if any available time of the Committee can be alloted. Meeting adjourned at 11:30 p.m. Secretary -Treasurer) CARRIED. . . . . . . . . . . . .