Loading...
HomeMy WebLinkAbout01/11/1971MEETING of the COMMITTEE OF ADJUSTMENT Monday, January 11, 1971 at 7:.00 p.m. Council Chamber 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 meeting December 14,'1970 were approved on motion by K.�Schoenmaker and seconded by E.F.R. Osborne.Carried. Application File No. 277-70 Jerome Marvin, Owner, J. -Mar Farms, Orono, Ontario, Strike,Strike & Kelly, Agent, Barristers & Solicitors, Box 7, Bowmanville, Ontario, for part of Lot 32a Con Vll, Township of Clarke, Submission No.e2-77-70-axti As business arising from the minutes of the last meeting this application was brought forward for further consideration. Mr. Merrill Brown, OLS., Bowmanville, Ontario; representing Mr. Jerome Marvin, Orono,.Ontario, the applicant appeared in support of this application. No other person appeared in support of, or in opposition to this application. As a matter of record the Committee visited the site on Friday, January 8, 1971 and the following facts were noted: 1. The site is the south western quandrant of the Hamlet of Leskard; 2. The property fronts on to the Leskard`Road, this road giving access to the site is the main travelled road in the area; 3. The general character of the area is already established as single family residential properties; 4. There'appeared to be adequate drainage from the road to the west;. Since the location is situated in the Rural Residential Zone and complies with the minimum area requirement of one acre, the Committee could -see no reason why this site was not acceptable. Mr. Merrill Brown, OLS was sworn and he stated as follows:. With.reference to the sketch of survey, prepared by him and described as'#70137, undated and marked "note:. this plan is not prepared for registration purposes"_ was prepared for the purpose,of showing the abutting owners and the general relation- ship of existing land holders each,to the other. Mr. Brown also stated, because of the financial situation involved, it would probably be advisable, in the future, for applicants to submit to the Committee of Adjustment such a preliminary general sketch plan for purposes of their. application, it being under_ stood that should the Committee look favorably upon their application a formal Plan of Survey would then have to be completed and the necessary information shown on such plan, said information would comply both with the provisions of the registry act and with any specific provisions required by the Page 2 Meeting Committee of Adjustment, January 11, 1971: Committee of Adjustment by virtue of the requirements of the Planning Act. Mr. Brown suggested that a survey of reduced area only of the lot to be severed and the immediate surroundings would be prepared and submitted to the Committee within two weeks. This application was adjourned' pending receipt of 'a proper Plan of Survey.' CLASSIFICATION Sec 5, Zoned "R.R.". Sec 2.17 Application File No. 278-70 Yvonne Elizabeth Oethilda Bosch,Owner 70 Hills Road, Ajax, Ontario, for part of Lots 5 & 6, Con 1, Township of Clarke, Submission No. "A"278-70-34 ,As business arising from minutes of the last meeting this application was presented for further consideration. Dr. J.W. Bosch, Physician, agent for his wife Mrs. Y.E.O. Bosch appeared in support of this application. No other person appeared in support of or in opposition to this application. Mr. E.R. Lovekin, Chairman of the Committee withdrew from this application and Mr. K. Schoenmaker as senior member assumed the chair. As a matter of record the Committee visited this property on Friday, January 8, 1971. Before proceeding with the inspection the Committee determined the following facts from Township records and Officials: 1. Dr. Bosch, husband of the applicant, contacted the building inspector and zoning administrator Mr. H. Best and stated that he wished to renovate a single family dwelling into a 2 family dwelling unit, one unit to be occupied by himself and family and the other unit to be available for hired farm help; Dr. Bosch was told that since it was illegal to alter such a building to a two family structure no specifications were avilable; 2. Dr. Bosch then applied for a building permit and on the application form in reply to the question "type of building to be constructed", he stated: "repairs & alterations to a single family dwelling" (ref. photostat copy of building permit #3738, Municipal Permit #20-70 dated April 8, 1970 signed by "J.W. Bosch" and to the question "value (includ- ing -labour)" he replied 1112,000.00";_ The original house was a 1'z storey dwelling. The back kitchen which originally was a 1 storey structure was renovated and altered by adding a second storey. Mr. Best, at an inspection made by him on 1,Iay 289 1970 noted the following deficiencies: 1. The existing grade level was approximately 21 higher than the 4' maximum allowable height above the basement floor.;. 2. Building plans had not been furnished to the building inspector's office; Mr. Best wrote the applicant Mrs. Yvonne Bosch under.date of May 29, 1970 informing her of these deficiencies..Mrs. Bosch under date Oct. 29, 1970 wrote the Council of the Township of Clarke, stating that the improvements had cost approximately $35,000.00. The applicant also stated that "the completed building offers adequate accommodation for two families and has passed all inspections." A request was also made that the by-law be amended to allow the building to be used as a two family dwelling unit. Page 3 Meeting Committee of Adjustment, January 11, 1971'. The Council referred the letter to the building inspector who made a further inspection of the property on November 16, 1970 and found that the finished grade was even higher than it was during the inspection on May 26, 1970. In a letter under date November 24, 1970 to Mrs. J.W. Bosch, the building inspector Mr. Best informed the applicant that he had made an inspection on November 16, 1970 and reported the results of his findings. He also wrote "we regret to advise that until such time as the corrections are completed and approved by the building inspector, your building cannot be considered as passing all inspections". He further advised, if the applicant desiredrelief from the by-law she may apply to the Committee of Adjustment. . After due consideration of all the facts the Committee continued with their inspection of the property. They were admitted to the house by an Officer Gaylord of the•O.P.P., a tenant in the property. He stated that a second O.P.P. officer occupied the other part of the building. Police Officer Gaylord showed the Committee through the basement and it was noted that "flying buttresses" had been built in the basement; one on the west wall and one on the north wall. The effect of these would be to strengthen the cement block wall. The Committee noted that the renovation appeared to have been well done with good materials and workmanship. The original building composed the front of the new building and the addition was obviously a complete renovation of the old "back kitchen", a common type of farm house construction in the general "T" con- figuration. Apparently the new house was divided with the "old house" as one unit and the completely renovated old "back kitchen" as the second unit. The Committee were of the opinion that this rebuilding of the former house which was in poor condition, into a modern building suitable for 2 families, was in this case a substantial improvement to this property. The Committee, however, are of the opinion that the change in use from a single family to a two family dwelling is contrary to the provisions of by=law 1592 as amended (ref. particularly, section 10). The Committee informed Dr. Bosch that, in their opinion, the proper procedure would be to apply to Clarke -Township Council through the Planning Board, for a spot re -zoning. The relief sought in this application could not properly be termed a "minor variance", and a decision altering a single family use to a multiple dwelling use could not in any sense be deemed to retain the general intent and purpose of the by-law. An amendment to the by-law could vest the Committee with such powers in specific areas. This application was refused on motion by E.F.R. Osborne and seconded by K. Schoenmaker. Carried. CLASSIFICATION SEC. 10. 1 (a) Application File No. 279-70 Helen Beatrix Lovekin, Owner, Newcastle, Ontario, for part of Lot 8, Con 11, Township of Clarke, Submission No."B a-/9-7o-aao Application was made for exemption or partial exemption from provisions of subdivision control by-law 1592 and amendments thereto so as to permit the separation of a parcel of land approximately 37hIx 200' being approximately 7500 square feet in area from the applicant's land. Page 4 Meeting Committee of adjustment, January 11, 1971: Application File No. 280-70 Mr. Joseph Coulson, Owner, 100 Roxboro St. W., Toronto, Ontario, for part of Lot 8, Con 11, Township of Clarke, Submission No.V2-Pc-'7­')J Application was made for exemption or partial exemption from provisions of subdivision control by-law 1592 and amendments thereto so as to permit the separation of a parcel of land approximately 37?11x200' being approximately 7500 square feet in area from the applicant's land. The Secretary reported that 26 notices of the said hearing had been mailed in accordance with Item 4 of the Rules of Procedure. The Chairman, E.R. Lovekin, stated that he had previous knowledge of this property and he, therefore, withdrew with the members' consent and Mr. K. Schoenmaker, as senior member assumed the chair. Mr. Murray C. Payne, R.R. #3 Newcastle, Ontario, representing the applicants Mrs. Helen Beatrix Lovekin, Newcastle, Ontario, and Mr. Joseph Coulson, 100 Roxboro Si-' W. Toronto, Ontario, appeared in support of these applications. No other person appeared in support of or in opposition to these.application. The Committee, with the approval of the agent for the applicants ruled that they would apply the evidence submitted to the two applications: The Committee having been advised of these two pending applications and being in the area they decided to visit the property on Friday, January 8, 1971. The following facts were noted: 1. The site of these lands is in the Hamlet of Newtonville, Ontario; 2. The number of pre-existing lots are being reduced to make fewer lots with each of the new lots having a greater area and frontage; 3. The subject lands front on.a paved County road that is being improved in a current road programme;. 4. The area is generally a "Hamlet Area"; 5. The subject lands are zoned Rural Residential under Section 5 of by-law 1592 with amendments thereto; The Committee were of the opinion thatsevering the centre lots thus making it possible to be added to each abutting lot would reduce the number of existing 6 lots to 4 lots and would improve the planning situation. Mr. Murray C. Payne was then sworn and, he made the following submissions: 1. On or about October 1965 he purchased the farm of approximately 196 acres in Lot 81 Concession 2, Township of Clarke; 2. The subject lands were severed from the farm prior to the passing of Subdivision Control By -Law 1494 which became effective on November 15, 1965; 3. The lots are of equal size being approximately 75' x 200' and were transferred into the names of Helen Beatrix Lovekin and Joseph Coulson alternatively; 4. The parcels front on a road allowance between lots 8 and 9; �I Page 5 Meeting Committee of Adjustment, January 11, 1971: 5. The southern 3 lots are separated from the northern 3 lot°s by a proposed road allowance of 66' in width. These applications are for permission to convert the 3 northern lots into 2 parcels by severing in half the centre lot thereby increasing the frontage of the remaining 2 lots from 75' to 112'h' with an area of 22,500 square feet and the -same would apply to the 3 southern lots; 6. Building permits may be obtained for each of the 6 lots in accordance,with the provisions of section 3.15 of the by-law 1592 as amended, but by increasing the lot size and frontage of the 4 remaining lots the result would be a more desirable development. Following a lengthy discussion the Committee advisee Mr. Payne that a certified Plan of Survey of the subject land wpuld be required and these applications were adjourned' pending receipt of the said Plan of Survey. CLASSIFICATION Sec. 5 (RR) Sec 3.15 At the conclusion of the meeting Mr. P.J. Van Ginhoven of 59 Gerrard Road Whitby, Ontario was granted an interview with regard to a proposed dwelling to be erected on Lot 9, fronting on Mill Pond Rd,in the Village of Orono,Ontario. General Business - The Committee reported that on Friday, January 8, 19712 73 miles had been travelled during their inspection of properties fob the applications now under review. Meeting adjourned at 10:30 p.m Secretary-Treasue,dr MEETING of the COMMITTEE OF ADJUSTMENT Monday, February 8, 1971 at 7:00 p.m. Council Chamber Present E.R. Lovekin, B.A. LL.B., Chairman, K. Schoenmaker, Member, E.F.R. Osborne, Member, Mrs. Ellen M. Yeo, Secretary-Tregsurer The minutes of meeting January 11, 1971 were approved on motion by K. Schoenmaker and seconded by E.F.R. Osborne. Carried. . . . . . . . . 0