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HomeMy WebLinkAbout07/06/1971Page 8 Meeting Committee of Adjustment, July S, 1971: The folbwing.material was presented to the meeting: 1. Correspondence from W. Kay Lycett B.A.; Barrister & Solicitor, Orono, Ontario, dated June 22, 1971; 2. A certified Plan of Surve_,, prepared by Merrill D. Brown Limited, Land Surveying and Engineering, 121 Queen'Street, Bowmanville, Ontario, dated June'l, 1971, #71066; The Committee reviewed the information provided by the Agent's correspondence that "the purpose for the application and conveyance is to enlarge Mr. Adam's parcel of land" and noted that, in fact, no new severance was being created. Abutting lands owned by Mr. Sandercock, a farmer, of a large agriculture unit were being added to -an existing lot to increase the recreation area in the rear yard of this existing lot. The Committee having recently visited this area and viewed abutting properties did not think it necessary to again visit this area. Application granted on motion by E.F.R. Osborne and seconded by E.R. Lovekin B.A. LL.B., Carried. CLASSIFICATION 10 "A" The Committee having heard all oral representations from .the applicants and their agents, this meeting was adjourned at 11:30 p.m. on motion by E.F.R. Osborne and seconded by E.R. Loveki B.A. LL.B., to be re -convened at 7:30'p.m. the following evening Tuesday, July 6, 1971. Carried. Secretary-Treas rer MEETING IN COMMITTEE The meeting of the Committee of Adjustment re -convened on Tuesday evening at 7:00 p.m. in the Council Chamber, Orono, Ontario, with two members,being the chairman E.R. Lovekin B.A. LL.B., and member E.FmR. Osborne, Mrs. Ellen M. Yeo Secretary -Treasurer in„attendance. Application File No. 276-70 Mr. A.W. Whitmee, Owner, R.R. 42, Newcastle, Ontario, for part of Lot 292 Con 11, Township of Clarke, Submission No.':n'a76-7.-fir As business arising from minutes of meetings November 16 and November 19, 1970, this application was brought forward for further consideration. Mr. A.W. Whitmee the applicant, and his wife appeared in support of this application. Mr. Evangelos Dionyssiou,, 291 Marland Avenue, Apt 4301, Oshawa, Ontario, an abutting owner also appeared. No other person appeared in support of, or in opposition to this application. The Committee,reviewed the material in their previous minutes. The problem herein is that the applicant has an irregular shaped lot because the Bell Tele hone Company own a rectangular piece Of property in the south east corner of the applicant's lot frontage where a building containing automatic equipment is situated. To locate a house at the front of the applicant's lot reduced the side yard requirement below the minimums required in the present by-law. Page 9 Meeting Committee of Adjustment, July 6, 1971:. By moving the house towards the rear of the lot (i.e.) westerly approximately 8' means that the south side yard is increased from 1012" to 8512". As the house is then on the wide rear portion of the lot behind the Bell Telephone property. The northerly side yard clearance is proposed at 20' rather than 25'. To require the applicant to shift his house 5' to the south to meet the full 25' side yard requirements on the north side would necessitate partially hiding it behind the rectangular piece of land owned by the Bell Telephone Company on which the aforementione building is located. This would also reduce the clearance between the side of the applicant's house and,the north-west corner of the Bell Telephone lands below acceptable minimums. The side yard to the south is very wide indeed (over 850). The reduction asked to the north is only 5' and the general configuration and size of the lot should be borne in mind. In view of the facts of this particular case, the Committee are prepared to entertain an amended application, reducing the northerly side yard to 201, if the whole house is moved westerly approximately 8' so that the southerly side yard is a clear -851 instead of a partially 10' 2" at the east end of the house and 85' at the west end of the house. The Secretary was instructed to contact the applicant and ask him if he wishes to amend the application and if so, the matter will be dealt with at a meeting to be held on July 12, 1971. The applicant should appear at that meeting and formally amend his application or request a decision on the application as filed, whichever course of action he deems advisable. The Secretary was instructed to inform the applicant immediately of this interim decision to enable him to have sufficient time to fully consider` his situation. Application adjourned until meeting of July 12, 1971 CLASSIFICATION 10 "A" Append 1 Sec (f) Application File No. 294-71 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, David Nancekievill, Owner, Orono, Ontario, for part of Lot 28, Con. 5, Police Village of Orono, Township of Clarke, Submission As business arising from past minutes this application was brought forward for further consideration. W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, agent for the applicant appeared in support of this application. Later in the evening Mr. David Nancekievill, the applicant also appeared. No other person appeared in support of or in opposition to this application. W. Kay Lycett B.A., as agent for the applicant, presented the following material to the meeting: 1. A certified Plan of Survey prepared by Merrill D. Brown Limited, Land Surveying and Engineering, 121 Queen Street, Bowmanville, Ontario, dated June 8, 19712 #71072; Later in the evening Mr. Nancekievill appeared indicated that he thought the Committee was being in not granting him 3 lots as they had granted an to one Vertal Wilson immediately to the west of t; question.. A general discussion followed in which was asked to express his opinion on the character the advisability of a denser construction of home; in person and inconsiderate undersized lot le lands in Mr. Nancekievill of the area and 3 on the south side Page 10 Meeting Committee of Adjustment, July 6, 1971: of Churchill Avenue and presently existing on the north side of Churchill Avenue and similar matters. The Committee indicated to Mr. Nancekievill that they would hear any further argument or any further witnesses that he wished to bring on Monday, 12th July, 1971 and that he should appear with his agent W. Kay Lycett B.A., in order that his application might be completed; left as it now exists;or amended as he sees fit. Application adjourned until July 12, 1971. CLASSIFICATION Zoned "R1" Applications No. 297-71 Parcel Investments Limited, Owner, 298-71 c/o 47 Prince Street Oshawa, Ont 299-71 Albertha Hosmar " Of Owner, 300-71 Richard H. Donald _B.A. Agent, 301-71 Barrister & Solicitor,Oshawa, Ont. 302-71 part of Lot 30, Con 5, Township of Clarke, Submission Nos. 4 a97 -7i- 6 - N' As business arising from minutes of past meetings these applications were presented for further consideration. Mr. A. Hosmar, applicant, appeared in supe>ort o£ this application. No other person appeared in support of, or in opposition to this application. Mr. Hosmar presented the following material to the meeting: 1. Correspondence addressed to Committee of Adjustments Township of Clarke and signed "A Hosmar" for Parcel Investments Ltd. and Albertha Hosmar as follows: "Mr. Chairman and Committee members. In reply to your letter dated May 19, 1971 I would like to bring to your attention the following: DRAINAGE: I have been in touch with Mr. Dennice Ludlow of the firm Totton Sims & Hubicky and attach a sketchprepared by him and a report. Details may.have to be worked out with the roads d?partment as to culverts etc. BUILDING PERMITS: I would like to propose to the committee for their consideration; Front Yard Set Back The enclosed copies of approval of the lots by the health department of Cobourg require a 45 feet set back although Mr. Adams House was build with a 30 feet setback and the septic tank installed in front of the house which was approved apparently by the municipality at the time. In order to;stay in line with the existing homes on the road a 30 feet setback would be required. Side Yards would the committee consider granting approval for the proposal as set out in the attached drawing. We propose to build back -split homes with a frontage of from 25 to 30 feet depending on a garage or car port. Back yard requirements According to the proposed sketch the house can stay about 100 feet from the watercourse at the back. Area of the house Would the committee be prepared.to approve of an area from 1050 square feet and up depending on the plan to be put on the lot. Sanitary arrangements-- Tile beds I phoned the health l department in Cobourg and they said that once they had approved the property there was no need to have it inspected again. Your committees consideration of the above matter will be very much appreciated. Respectfully "A. Hosmar" Page 11 Meeting Committee of Adjustment, July 6, 1971: 2. Photostat copy of sketch of lots attached to correspondence of Mr. A. Hosmar; 3. 6 photostat copies of permits from the Northumberland - Durham Health 'Unit, Head Office; Cobourg, Ontario under date of July 7, 1969 signed "Henry :�.=2ood"; 4. Photostat copy of ari unsigned report from the engineering firm of Totten, Sims, Iiubicki & Associates Ltd., 519 Dundas St. Whitby, Ontario, with attached photostat copy of a drawing of "large drainage area in N.J. quadrant" and cony of Plan of Survey prepared by Flim and Trollope, OLS, Oshawa Ontario, under date of Sept 7, 1965 and annotated "revised Sept. 7, 1965"; Mr. Hosmar also undertook to notify the Road Superintendent, Mr. Merrill Ross of the existence of the report from Totten,Sims, Hubicki & Associates Ltd., and to endeavor to get from Mr. Ross his specific comments on the arca drainage problems. J The Committee do not think that the applicants herein should, in effect, be called upon to do a complete area drai:iage mport covering the entire area. The problem as the Committee sees it is confined as to whether or not the drains being provided by the owners of these lots are sufficient to carry away the water which could come through the existing culverts or culverts to be installed in the immediate future. The applicants had these lots legally severed and had buil4ling permits on all. the lots which lapsed through inadvertence. In these circumstances the Committee feel that a practical solution has to be found which represents a reasonable compromise in a difficult situation. Matter adjourned to Monday 12th July, 1971 awaiting comment by the Road Superintendent Mr. M. Ross and.any comment from the Building Inppector, Zoning Admi;-iistrator and By -Law Enforcement Officer, Mr. Horace Best. CLASSII'ICATICN 10 "A" Apr. 1 (f) Application File No. 311-71 K. Gelder, Owner, 101 Coe Hill Dr., Apt. 218, Toronto 3, Ontario, for part of Lot 5, Con 7, Township of Clarke, Submission As business arising from minutes of past meetings this application was brought forward for further consideration. Mr. K. Gelder, the applicant, appeartgid in support of this application. No other person appeared in support of or in opposition to this application. Mr. Gelder indicated that he did not agree with the COmmittee's suggestion of moving the site of the house or filling in part of the pond and it was the decision of the Committee that they would visit the site once more to enable Mr. Gelder to indicate to them on the ground the action he wished to take. Application adjourned awaiting report on inspection by the Committee. CLASSIFICATION 10 "A" Page 12 Meeting Committee of Adjustment, July 6, 1971: Application File No. 319-71 Douglas W. Gibson, Owners, Barbara C. Gibson, Box 253, Orono, Ontario, for part of Lot 29, Con 4, Township of Clarke, Submission No. Submission No. As business arising from meeting of June 7, 1971, these applications were presented for further consideration. No person appeared in support of, or in opposition to these applications. As a matter of record the Committee, composed of the Chairman E.R. Lovekin B.A. LL.B., and member E.F.R. Osborne attended dt the site on Monday July 50 1971 at 6:00 p.m. Mr. Douglas W. Gibson accompanied the Committee and the following facts were noted: 1. This is the last property on a promontory of land reached by a private driveway; 2. It is extremely doubtful that a building permit would be issued to construct a house in this location, under present regulations; 3. The problem is, however, that the house is in existence and the application is simply to recognize an existing situation by severing 2 separate houses. 4. The Committee requested the applicant to indicate to them the location of the septic tanks and tile beds for each house on the subject property. Each house was serviced by a saparate septic tank and tile bed. In all probability part of the tile bed of one of the existing houses would encroach on the abutting property if the properties were severed; 5. The soil was of a light sandy composition and the slope of the land was quite severe at the edge of the lot. The immediate property surrounding it was in the nature of a forest or scenic property with very large trees. While a limited area was available for septic tank beds the topography of the land and the nature of the soil would leave one to believe there would be no septic tank problem. No evidence of surface over flow from a septic tank could be seen; 6. The properties to he severed would have frontage on a public road but entrance to the property from said public public road would not be practical because of the topography and convenient access has had to be made on the east side of the property. These applications were adjourned for further consideration. CLASSIFICATION^ZONED R1" Appendix 2 Ce) CApplication File No. 324-71 Evangelo's Dionyssiou Owner, 291 Marland Ave., Apt 301'Oshawa', Ontario, for part of Lot 29, Con.'2, Township of Clarke, Submission No."A"3>Y-71-v8 Application was made for exemption or partial exemption from provisions of sub -division control by-law 1592, withamendments thereto so as to permit a minor variance from Appendix 1, Section (f) from 25' to 12' on the north side of the property and from 25' to 23' on the south side of the property. Page 13 Meeting Committee of Adjustment, July 6, 1971: Mr. Evangelos Dionyssiou the applicant made the following submissions: 1. He purchased the property on May 1st, 1970. He now wishes to build a dwelling house; 2. He is unable to submit a plan of the house he would like to build, at the present time. He is asking the Committee to consider the reduction in sideyards applied for and if their decision is favorable he will then submit house plans for their approval; 3. Mr. Dionyssiou further stated that the frontage of the lot is 751. With 25' sideyards at each side and the minimum limit of 1200 square feet in area, the remaining 25' would be unsuitable for a well proportioned house. The Secretary reported that 18 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Evangelos Dionyssiou appeared in support of this applicati.on. No other person appeared in support of or in opposition to the application. The Committee: 1. Perused a photostat copy of Plan of Survey prepared by -Flim and Trollope, OLS, Oshawa, Ontario, dated Nov 28, 1966, W.O. 3235; and a photostat copy of a number of lots, one of which is Part 4 purchased - by Mr. Dionyssiou. This application adjourned to enable the Committee to inspect the property. CLASSIFICATION 10 "A" App.�l (f) Application File 325-71 G.K. Selzer Esq., Agent, Adams,Fraser,Smith & Shaver, Barristers & Solicitors, 200 Universty Avenue, Toronto 1, Ontario, Dr. Jan Jansen, Owner, 47 Hill Screscent, Borough of Scarborough, Scarborough, Ontario, for part of Lot 9, Con 8, Township of Clarke, Submission No."B"3is- Application was made for exemption or partial exemption from provisions of sub -division control by-law No. 1592 with amendments thereto to permit the separation of a parcel of land approximately 1,7294 x 1075' being approximately 40.129 acres from the applicant's lands in an ."agriculture Zone. G.K. Selzer Esq., as agent for the applicant appeared in support of this application. The following persons also appeared: Mr. & Mrs. Reginald G.W. Elliott, Kendal Ontario; Mr.,and Mrs. John Henderson, Kendal, Ontario. No other person appeared in support of, or in opposition to this application. The Secretary reported that 20 notices of the said hearing had.been mailed in accordance with Item 4 of The Rules of Procedure. J Page 14 Meeting Committee of Adjustment, July 6, 1971: The following material was presented to the meeting: 1. Correspondence from G.K. Selzer Esq., Adams, Fraser,Smith & Shaver, Barrister & Solicitors, 200 University Avenue, Toronto, Ontario, dated June 21, 1971. The Committee noted the contents thereof; 2. A Plan of Survey prepared by H. Flim, OLS., 47 Prince St. Oshawa Ontario,dated November 2.2, 19689 W.O.3713; G.K. Selzer esq., on behalf of his client made the following submissions: 1. Dr. Jansen is a Specialist on the staff of the Scarborough General Hospital and was unable to attend the meeting; 2. On or about December 1968 Dr. Jansen purchased the property comprising of approximately 129.063 acres; 3. At the present time he has a tenant in the said property which has thereon a dwelling house and several buildings as shown on the Plan of Survey; 4. The renting of the property is proving to be unsatisfactory in that the farm buildings and fences are deteriorating and his client has concluded that with a busy medical pr'attice he is much too busy to properly maintain the said buildings. He, therefore, requests permission to sever approximately 40 acres with the buildings thereon and wishes to retain the raw area for recreational purposes. This application was adjourned to enable the Committee to inspect the property and the Secretary was instructed to write to the agent G.K. Selzer esq., requesting that a sworn affidavit by Dr. Jansen giving his reasons for the request of a severance be fowarded to the Committee. CLASSIFICATION 10 "A" General Business An informal interview was granted to Mr. Ben Angi, Newtonville Ontario who enquired as to whether or not the Committee would consider consenting to a non- conforming use of a separate garage building on his property. He wished to obtain a building permit for a body shop and upon applying to the Planning Board for re -zoning had been refused with no formal reasons being given. Mr. Angi further stated that he built a residence with attached garage in Newtonville, Ontario, (Lot 10, Ovens Road) about two years ago for which he obtained a building permit. By trade he is a licensed body repairman and from time to time he likes to re- build old cars�at home. This hobby is growing into a business and he now wishes to carry on business in the separate building he has constructed as a garage. It was explained to Mr. Angi that the only jurisdiction the Committee of Adjustment has is the extension of a non -conforming uses and that the Committee has no authority to grant any other land use. Mr. Angi was advised that he can, if he could, appear before Council to discuss the Planning Board decision and he was informed that the regular Council Meeting was the next day and he should speak to the C1erkMr. Henry DeWith to be placed on Council's agenda. He appeared to be of the opinion that light industrial uses were prevalent in his area and since an Official Plan is under consideration Council might find his suggestions of interest. It was carefully explained to Mr. Angi this was just a suggestion and that strictly speaking this Committee had no jurisdiction in this matter. The Secretary was instructed to send Mr. Angi a cony of this interview. Page 15 Meeting Committee of Adjustment, July 6, 1971: The Secretary -Treasurer presented the following material to the meeting: 1. Correspondence from Mrs. Jean Goode indicating that she will appeal the decision of the Committee handgd down on May 31st, 1971 re application "B"309-71-38; 2. Pamphlet - Committees of Adjustment Selected Decision of the Ontario Municipal Board published by Municipal World Limited. The Committee were definitely interested in obtaining this publication and the Secretary was instructed to order same. 3. Correspondence from The Association of Ontario Housing Authorities, City Hall London, Ontario, indicating that A "Housing Conference 1971" will be held on October 17, 18, and 19 in Sudbury. The Committee noted the contents thereof and indicated tha"t they would be unable to attend. 4. Booklet from Department of Municipal Affairs, 1970 Summary of Legislation affecting Municipalities; 5. 6 applications for rezoning from the Clarke Planting Board for consideration and reply from the Committee of Adjustment; This meeting adjourned at 11:30 p.m. and the Secretary was instructed to arrange a meeting for Monday Evening, July 12, 1971 at 7:00 p.m. in the Council Chamber, Orono, Ontario, and to request the persons concerned to attend so that the Committee ma endeavor to re -consider and finalize outstandi to (� •-Cie-ice .{� Secretary-Treas,.er MEETING of the COMMITTEE OF' APJUSTI',IENT Monday, July 12, 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, Mrs. Ellen M. Yeo, Secretary -Treasurer, Mr. Horace Best was requested to attend the meeting to answer questions in regard to records kept in his custody as Zoning Administrator and Building Inspector relative to the issues under consideration by the Committee. .The minutes of meeting held on July 5, 1971 were approved on motion by K. Schoenmaker and seconded by E.F.R. Osborne. Carried.