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HomeMy WebLinkAbout05/17/1971Page 21 Meeting Committee of Adjustment May 11, 1971: General Business: The Secretary�wTreasurer presented the following correspondence to the Committee: (a) Ontario Planning Newsletter dated March 1971; (b) Department of Municipal Affairs, 801 Bay Street, Toronto 5, Ontario dated May 7, 1971, subject "Amendments toThe Plan- ning`Act", with "Bill 28" attached thereto, being An Act to amend the Planning Hct, The Hon. D.A. Bales, Minister of Municipal Affairs. Section 5. has been amended as follows: ti "Subsection 5 of section 32b of The Planning Act as re-enacted by subsection 1 of section 12 of The Planning Amendment Act, 1962-63 is amended by striking out $25.00 in the fifth line and inserting in lieu thereof $50." R.S.O. 1960,c296, 9 3 d. The Committee referred backto•hthe �correspondence afrom eDepartment of Municipal Affairs, and noted that "Maximum Fees chargeable by Committees of Adjustment and Land Division Committees The maximum fee, formerly $25. is now $50." Following'a discussion it was moved by E.F.R. Osborne and seconded by K. Schoenmaker that the Rules of Procedure be revised to increase the fee for "Application for Consent" from $25.00 to $50.00 and for "Application for Minor Variance or for Permission from $25.00 to $35.00, subject to the approvaicf the Minister of Municipal Affairs. Carried. The Secretary was instructed to prepare the necessary forms to be a sent to the Department of Municipal Affairs. (c) Notification from Community Planning Association of Canada, Ontario Division, Suite 510, 30 Bloor Street West, Toronto 5. "Spring Conference June 1 - 3 1971. This being all the business at this time, the meeting was adjourned at 12:08 a.m, on motion by E.F.R. Osborne and seconded by K. Schoenmaker to be re -convened at 1:00 p.m. Monday', May 17 , 1971 at which time a decision will be handed do of Stanley Seneco, File No. 293-71 -Carried. wn on the application -Se cretary_Tre urer The meeting of the Committee of Adjustment re -convened at 1:00 P.m. on Monday afternoon May 17, 1971 in the Council Chamber, Orono, Ontario, with all members and the Secretary -Treasurer in attendance. The following application was brought forward for -further consideration: Application File No. 293-71 Stanley Seneco, Purchaser, 246 Windsor St., Oshawa, Ont, Director,Veterans Oand Act, 480 University Ave.Toronto Ont. for part of Lot 35, Con 6, Township of Clarke, Submission No. "A"293-71-36 As business arising from minutes of past meetings was brought forward for further consideration. Mrs. Stanley Seneco as applicant, Borkowski, 241 Greenwood, Oshawa, this application. No other person Opposition to this application. this application accompanied by Builder Mr. B. Ontario, appeared in support of appeared in support of or in Page 22 Meeting Committee of Adjustment May 17, 1971: The Chairman announced that this wqs a continuation the hearing on this application. The Secretary -Treasurer presented the following material to the meeting: (1) A Sworn Affidavit dated 13th day of May A.D. 1971, signed by "Ben Borkowski. The Secretary was instructed to record the facts stated in the Sworn Affidavit in these minutes: IN THE MATTER OF COMMITTEE OF ADJUSTMENT APPLICATION 293-71 I, BEN BORKOWSKI, of the City of Oshawa, in the County of Ontario, Builder, MAKE OATH and say as follows: 1. During the month of December, 1970 Mr. and Mrs. Seneco approached me to discuss entering into -a contract to build a house on the land they owned on the understanding that the V.L.A. would purchase the land either before or after the construction o£ the house. 2. Later a written agreement was entered into between theVLA. ra and myself for the construction of the house referred to in p q P 3, I knew that the existing by-law required a greater set -back from the road than the houses adjoining the lot on which I had agreed to build a house. 4. I understood Mrs. Seneco would appear before the Committee of Adjustments and make application for a consent to the house being built in line with existing houses, the set -back of which would infringe the present by-law, even though it did not infringe the by-law at the time they were built. 5. Later Mr. Slater of the V.L.A., with whom Ihad been dealing, told me: "that everything was alright and that I should go ahead and start construction of the house". I understood him to mean that consent had been obtained as requested by Mrs. Seneco and that it was alright to start building the house in line with the adjoining houses. ,6. I then poured the foundation and started the building. On the 10th day of May, 1971 Mrs. Seneco phoned me and reported that the Committee of Adjustment had considered her application and that was the first I knew that the requested set -back had not been approved by the Committee of Adjustments. 7. Since May 10th, 1971 construction stopped and I have not done anything further until the matter will be disposed of by 'the Committee of Adjustments. SWORN before me ) at the City of Oshawa, in the County of Ontario, signed "B. Borkowski" this 13th day of May, ) A.D.`1971 Ben Borkowski "signed "F'.R. Jones" ) A Commissioner, etc. n The Committee having explained their position and read the Affidavit of Mr. Borkowski and having listened to Mr. Borkowski's oral explanation of his Affidavit this application for a minor variance of front yard requirements was granted on motion by K. Schoenmaker and seconded by E.F.R. Osborne, subject to the following conditions: 1, TAKE WARNING that this decision for a 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 bntario. THIS TIME FOR APPEAL I5 14 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 23 Meeting Committee of Adjustment May 17, 1971:. 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 signed by the concurring members, and shall forthwith thereafter forward to the Secretary of the Committee a duplicate Certificate of Deposit or a Notarial copy thereof; 3. AND FURTHER that upon receipt by the Secretary of the afore- said document, the appropriate administrative officials of the Township of Clarke will be authorized to issue any and all necessary permits or to take any steps necessary to implement this decision. CARRIED. CLASSIFICATION 10 "A" Meeting adjourned at 2:00 p.m. 3ecretary-TreasiAter MEETING of the COMMITTEE OF ADJUSTMENT Monday, May 319 1971 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, The minutes of meetings held on May 10, May 11, and May 179 1971 were approved as read on motion by K. Schoenmaker and seconded by E.F.R. Osborne. Carried. Application File No. 307-71 Humphreys, Boychyn & Hillman,Agent, Barristers & Solicitors, 36'2 King Street E., O"shawa, Ontario, William H. Wilson Owners, Barbara Wilson, 724 Beaupre Avenue, Oshawa, Ontario, for part of Lot 22, Con 1, Parcel 14, Township of Clarke, Submission No."A"307-71-37 As business arising from minutes of the last meeting 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 two members of the Committee inspected this property at 2:05 p.m. on Thursday, May 27, 19719 the Chairman being unable to attend. The following facts were noted:. 1. The subject land fronts on a Township side road, running south from Highway #2;, 2. The land on the easterly side of this road has been subdivided into approximately 22 potential building lots. This subdivision was created before subdivision control by-laws were passed;.