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HomeMy WebLinkAbout11/12/1973MEETING OF THE COMMITTEE OF ADJUSTMENT Monday, November 12, 1973 at 2:30 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 Committee met, briefly, to review and record their inspection of properties and to hand down the following decisions: Applications - Olive Marie Pedwell, Owner, "B"53-73-53 R.R. 42 Newcastle Ontario 54-73-54 W. Kay Lycett c.C., Agent, 55-73-55 Barrister & Solicitor, 56-73-66 Orono, Ontario, 57-73-57 for part of Lot 30, Con 2, 58-73-68 Township of Clarke, 59-73-59 Submission Nos. "B"53-73-53 60-73-60 "B"54-73-54 61-73-61 "B"55-73-55 62-73-62 "B"56-73-56 63-73-63 "B"57-73-57 64-73-64 "B"58-73-58 "B"59-73-59 "B"60-73-60 "B"61-73-61 "B"62-73-62 "B"63-73-63 "B"64-73-64 As business arising from minutes of former meetings these applications were brought forward for further consideration. No person appeared in support of, or in opposition to these applications. The applicants herein seek to have the Committee approve deeds, the effect of which, will be to verify title to certain lots allegedly held in separate ownership prior to subdivision control being introduced into the Township of Clarke. The facts are set out in a letter from the applicants' Solicitor, W. Kay Lycett Q.C., Orono, Ontario, dated October 9, 1973, and the Committee accepts the factual statements made therein as accurate. The said letter is included in its entirety in the minutes of the meeting held on October 10, 1973. The other two facts that the Committee wishes to incorporate in total are: excerpts from the minutes of the Council meeting of July 3, 1973; " Moved by K. Entwisle, seconded by G.H. Heykoop that in order for building permits to be obtained for some 24 lots fronting onto the said road allowance that this Council approves in principle of an agreement between Mr. Pedwell and the Township whereby Mr. Pedwell would assume the cost of con- structing the said road to a standard acceptable for subsidy by the Department of Transportation and Communicate -ons and other authorities having jurisdiction in this matter. Carried." "Upon receipt of an R.D. plan of survey from Mr. Pedwell the Clerk was instructed to prepare an appropriate resolution and to place same on the agenda of next meeting of Council". "RESOLUTION NO. 173 Moved by G.H. Heykoop, seconded by K. Entwisle That the Township Solicitor be authorized to prepare an agreement between the Township of Clarke and Dudar Construction of R.R. #2 Port Perry for the development of -approximately 2800 ft. of the south portion of the allowance for road between lots 30 and 31, Con.2, said agreement to be submitted to Council for their approval.carried." This resolution is included in the minutes of the regular meeting of Council, October 16, 1973. . . . . . . Page 2, Meeting Committee of Adjustment, November 12, 1973. The Committee are only aware of the sale of one lot in the area to the V.L.A., the Veteran being one Cyril Patrick Blaker. (Ref. Submission "B"144-68-124, September 23, 1968). This sale stands on the narrow grounds that the Director, The Veterans' Land Act is, of course, an Officer of the Crown and that is specifically dealt with in the Act. There are, of course, two aspects to the matter, the physical and the legal. To deal with the physical or geographical aspect of the matter, the Committee are of the opinion that the development although "prima facie", a strip development and hence objectionable, is not objectionable upon careful examination. The road on which the lots face runs north from Highway #115 to a well travelled east -west Township road, referred to as the "third line". The lots are high and dry and the lands fall away to the East, giving excellent drainage and a good site line. Drainage, either storm or septic, should present no problem. If the number d` houses were increased in the area, the road surface would have to be improved which is only natural. The Committee would not, of course, create multiple lots in this area under the legal requirements of today, but a farmer would be allowed to keep a lot in such a location. The problem is that these lots were created before subdivision control,and the question that now presents itself is whether the Committee should approve deeds presented by the applicant. The Committee are, from a layman's standpoint, fully aware of the multiplicity of legal conveyancing problems that have arisen as a result of interpretations and counter interpretations of the Planning Act. The Committee have given the matter considerable thought and they have reached a definite conclusion that should govern in this and similar cases. The Committee intend to take the position that they are not a Court of Law and should not make legal decisions. They, therefore, must take the position that a Document is valid until proven otherwise. The applicant has presented legal documentation supporting his contention that these lots were registered before subdivision contol. He further alleges, through his Lawyer Agent, that if these deeds were or became irregular, they were subsequently verified by other conveyancing methods. The Committee, as indicated, take the position that since deeds were, in fact, registered before subdivision control, these lots are entitled to be recognized as lots and if this position is subject to review for technical legal reasons because of some type of defect in the Deed, this can be decided by other persons or bodies properly qualified to weigh all the legal technicalities of the matter. The Committee have noted that by Resolution of Council, the Township is prepared to improve the road in the area, indicating their knowledge of and their consent to further development. The Committee are prepared to verify by signing deeds, but ' will impose the condition that such severances are subject to the owner making satisfactory arrangements with the proper Municipal Authority 'in regard to roads as set out in Council's Resolution referred to. (ref. Resolution No. 173, Regular Meeting of Council, October 16, 1973. Applications as presented granted on motion by E.F.R. Osborne, - seconded by K. Schoenmaker. Carried. CLASSIFICATION 10 "A" . . . . . . . . . i Pa e 3 Meting Committee of .Adjustment, November 12, 1973, Application File "A"31-73 T.M. Wayne Blackburn, Owner, R.R. 41, Orono Ontario, Concession 3, N. Pt. Lot 32, Property #281, Township of Clarke, Submission No. "A"31-73-31 As business arising from the minutes of meeting November 6, 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 on November 11, 1973 and the following facts were noted: 1. The applicant's home was built closer to the road than is now permitted; 2. The present application is for an extension to an existing dwelling; 3. The extension to the west will not interfere with anyone; 4. The dwelling is in a valley; and a bank exists to the west so that the extension would have no adverse effect on the abutting dwellings; Following further discussion on motion by E.F.R. Osborne, seconded by K. Schoenmaker application granted for permission to construct an addition to the existing single family dwelling at a distance of 69' from the centre line of the road allowance between concessions 3 & 4, Lot 32, 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 untilthe 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. CARRIED. Page 4 Meeting Committee of Adjustment, November 12, 1973: 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 As business from the meeting November 6, 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 on November 11, 1973, and spoke to the owner who was present on the lot. The following facts were noted: 1. There have been several applications for severances and variances in the area, the site being on the West side of the Hamlet of Newtonville, north of Highway #2 on the crest of a hill which affords a sweeping view of the Lake Ontario shoreline to the south and an equally pleasant view of the "Great Pine Ridge" to the north; 2. The line of vision to the horizon or Lakeshore is several miles; 3. The house to the East of the applicant's proposed dwelling has no windows at all in the west end of the building. Obviously the magnificent view, at the rear of that home, to the south over the lake and the view from the front of the house to the north was deemedadequate by the owner and he did not desire a line of vision to the west. 4. The owner to the west of the applicant's land, one Trueman Henderson is the oldest resident in the - immediate area and his home sits farther south on his lot. A feature of his home is a large picture window in his living room looking south over Lake Ontario. #2 Highway is south of the house but because of a steep bank is not even Visible when looking south out of the Henderson home. The Committee were of the opinion, from visiting the site and from talking to the applicant and with Mr. and Mrs. Henderson, that the best solution to the problem would be to reduce the west side yard to 10' and the east side to have the required side yard of 251. Application for reduction in the west sideyard to 10' and for the required sideyard of 25' on the east side was granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne, subject to the following conditions: 1. TAKE WARNING that the 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; C Page 5 Meeting Committee of Adjustment, November 12, 1973; 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 append 1 (f) The Committee reported that several applications remain to be finalized upon receipt of Plans of Surveys. The Secretary was instructed.to request Plans of Surveys and to notify the Committee as soon as received.so that a meeting can be arranged to make final decisions on these outstanding applications. Meeting adjourned at 2:30 p.m. Secretary -Treasurer MEETING OF THE COMMITTEE OF ADJUSTMENT Thursday, November 29, 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 minutes of meetings November 5; November 6; and November 12, 1973 were approved on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. Application File "B"69-73 Glendon & Helen Andrews, Owners, R.R. #1, Kendal, Ontario, for part of Lot 15, Con 6, Township of Clarke, Submission No. "B"69-73-69 As business from the minutes of meeting October 9, 1973, this application was brought forward for further consideration. Mr. E.R. Lovekin, B.A. LL.B., Chairman, disqualified himself from the hearing of this application, having previous knowledge of this matter and Mr. K. Schoenmaker, senior member, conducted the hearing on this case. Mr. and Mrs. Glendon Andrews, applicants, appeared in support of this application. No other person appeared in Support of; or in opposition to this application.