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HomeMy WebLinkAbout05/10/1971MEETING of the CONIIITTEI OF ADJUSTMENT Monday, May 10, 1971.at Present: E.R. Lovekin B.A. K. Schoenmaker, E.F.R. Osborne, Mrs. ,Ellen M. Yeo, Horace R. Best, 7:00 p.m. Council Chamber LL.B., Chairman, Member, Member, Secretary -Treasurer Zoning Administrator and Building Inspector The minutes of meeting April 5, 1971 were approved on motion by K. Schoenmaker and seconded by E.F.R. Osborne. Carried. Application File No. 282-71 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Miss Flossie Graham,Owner, Newcastle, Ontario, for part of Lots -19 & 20,Con 3, Township of Clarke, Submission No. "B"282-71-228 As business arising from minutes of past meetings, this application was presented for further consideration: W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, as agent for the applicant appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr. Lycett presented the following material to the meeting: 1. A Plan of Survey, prepared by M.D. Brown OLS, 11069Bowmanvi.11e, Ontario, dated April 239 1971, #71036; The Committee perused the Plan of Survey and noted the annotation "Caution: this plan is not a plan of subdivision within the meaning of section 26,27 or 28 of the planning act." They also noted that the plan is to be registered in the Registry Office, Registry Division of Durham West Riding; Mr. Lycett informed the Committee that the referenced plan had been registered in the Registry Office for the Registry Division of Durham West on the 30th day of April, 1971 as Number 1OR76. Following further discussion the Committee: 1. Perused the Plan of Survey presented; 2. Referred to the minutes of meetings held on February 8, March 8, April 5, 1971; 3. Recalled their inspection of the property on March 6, 1971; and were of the opinion that the applicant had complied with the conditions imposed as evidenced in former minutes. Application granted on motion by K. Schoenmaker and seconded by E.F.R. Osborne. Carried. CLASSIFICATION 10 "A" Page 2 Meeting Committee of Adjustment, May 10, 1971:. Application File 286-71 Bonneville &.Fitzgibbon, Agent, 11 Mill Street, Port Hope, Ont. Hendrick P. Henderson, Margeret A.R. Henderson, Owners, R.- R. #1 Newtonville, Ontario, for part of Lot 5, Con 111, Township of Clarke, Submispion No. "B"286-71-229 As business arising from past. meetings, this application was presented for further consideration. Mr. Hendrick P. Henderson, the applicant, appeared in support of this application. No other person appeared in support of or'in opposition to this application. Mr. Henderson presented the following"material to the meeting: 1. 'A certified Plan of Survey prepared by M.D. Brown, OLS, dated April 30, 19712 #71043 showing the area'of the subject land to be 31.138 acres;. The Committee:: 1. Perused the Plan of Survey presented;; 2.1 Referred to the minutes of meetings held on March 8 and April 5, 1971;: 3. Recalled their inspection of the,property on April 39 1971; and were of the opinion'that the applicant had complied with the conditions imposed as evidenced in former minutes. Application granted on motion E.F.R. Osborne. Carried. CLASSIFICATION 10 "A" Application File No. 287-71 by K. Schoenmaker, seconded by Cobban,Woolley & Dale, Agent, P.O. Box 65, Toronto -Dominion Centre, Toronto 1119 Ontario, Barton S. Ellis, Owners, William A. Cobban, c/o Cobban,Woolley & Dale,., P.O. Box 65,, Toronto Dominion Centre, Toronto 1112 Ontario, for part of Lot 31, Con. 9; Township of Clarke, Submission No. "B"287-71-230 As business arising from past meetings, this application was presented for further consideration. Mr. Merrill D. Brown, OLS, Bowmanville, Ontario, acting as agent for the applicants appeared in support of this application. No other person appeared in support of or in opposition to this application. Mr. Brown presented the following material to the meeting:: 1. A Plan of Survey,cektified, prepared by M.D. Brown OLS., 1106 dated May 10, 19719#71053 showing the area of the subject land to be 102.57 acres; The Committee:. "1. "Perused the Plan of Survey presented and noted that at the northeast corner of the Plan of Survey, the Surveyor has shown a dotted line. As Mr. Brown, OLS was present, the Committee asked him what this J Page 3 Meeti.ng Committee of Adjustment, May 10, 1971:, line represented. Mr. Brown replied that it indicated a path used by an abutting owner. He stated he had not included any description of this path as it complicates the description. The Committee were of the opinion that as this is a matter between the parties involved, they should not interfere; 2. Reference was made to the minutes of meetings held on March 8, April 5, and to their inspection of the property on April 3, 1971. The Committee were satisfied that the applicant had complied with the conditions imposed as evidenced in former minutes and this application was granted on motion by E.F.R. Osborne, seconded by K. Schoenmaker, Carried. CLASSIFICATION 10 "A" Application File No. 290-71 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, James Imlach, Owners, David Imlach, Isobell Ernestine Imlach, Newtonville, Ontario, for part of Lot 11, Broken Front, Township of Clarke, Submission No. "B"290-71-231 As business arising from minutes of past meetings, this application was presented for further consideration. W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, acting as agent for the applicants appeared in support of this application. No other person appeared in supportof, or in opposition to this application. Mr. Lycett presented the following material to the meeting:. 1. A.certified Plan of Survey, prepared by M.D. Brown OLS., dated Aril 15, 1971, #71034 showing the area of the subject land to be 1.0 acres: The Committee: 1. Perused the Plan of Survey submitted; 2. Recalled their inspection of the site on April 3, 1971; 3. Referred to the minutes of meetings March 8 and April 51 1971; and upon review of all the facts, concluded that the applicant is a bona fide farmer retaining a lot from the sale of his farm. Application granted on motion by E.F.R. Osborne, seconded by K. Schoenmaker. Carried. CLASSIFICATION 10 "A" Page 4 Meeting Committee of Adjustment May 10, 1971: Application File No. 291-71 Peter Polny, Owner, R.R. #3 Port Hope, Ontario, for part o£.Lot 2, Con. 3, Township of Clarke, Submission No. "B"291-71-232 As business arising from minutes of past meetings, this application was brought forward for further consideration. Mr. Peter Polny, the applicant, accompanied by his wife, Mrs. Polny, appeared in support of this application. No other person appeared in support of, or in opposition to this application. The following material was presented to the meetings 1. A certified Plan of Survey prepared by M.D. Brown, OLS., 1106 dated May 4y 1971 471051; The Committee:. 1. Perused the Plan of Survey submitted; 2. recalled their inspection of the property on April 3, 1971; 3. Referred to the minutes of meetings held on March 8 and April 5, 1971; and upon review of all the facts concluded that the applicant is a bona fide farmer who now wishes to retire and retain a lot from the sale of his farm. Application granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. CLASSIFICATION 10 "A" Application File No. 292-71 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Charles Stapleton, Owners, Everett G. Stapleton, R.R. #2 Orono, Ontario, for part of Lot 30 Con 6, Township of Clarke, Submission No. "B"292 -71a-233 As business arising from minutes of past meetings, this application was presented for further consideration. W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, acting as agent for the applicants appeared in support of this application. No other person appeared in support of or in Opposition to this application. The following material was presented to the meeting: 1. Correspondence from W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario; 2. A certified Plan of Survey prepared by M.D. .Bzown OLS., 1106 Bowmanville, Ontario, dated March 1, 1971, 465142-B annotated "amended April 137 1971 "M.D. Brown OLS" Reference was made to meetings March B,April 5, and inspection on site Apr The Committee perused the Plan of Survey presented and noted that the survey having been amended to give the 66' road allowance from 48' as requested by them in the minutes of meeting April 5, 1971, the remaining frontage left to the applicants was only 146' instead of 150' which is the minimum frontage for the area -The minor variance being in the amount of 41, the Committee were of the opinion that th had no p ti n but to consent to this severance. Application graned on moti�n �y E.F.R. Osborne, seconded by K. Schoenmaker. Carried. CLASSIFICATION 10 "A" 3/11 Page 5 Meeting Committee of Adjustment May 10, 1971: Application File No. 310-71 Mrs. Susan A. Smith, Owner, 11 Fourth Street, Bowmanville, Ontario, J. Kingsley Van Nest B.A. LL.B., Strike & Strike, Agent, Barristers & Solicitors, Bowmanville, Ontario,_ for part of Lot 35, Con 6, Township of Clarke, Submission No. "A"310-71-35 Application was made for exemption or partial exemption from provisions of sub -division control by-law 1592, with amendments thereto so'as to permit a minor variance from the required 25' (Appendix l (f) ) to 22.5' to allow the construction of a house on the subject lands. The Secretary reported that 23 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. John Smith, husband of Mrs. Susan Smith; accompanied by his agent J. Kingsley Van Nest, B.A. LL.B., of Messrs. Strike and Strike,; Barristers &Solicitors; Bowmanville, 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. Photostat copy of a Plan of Survey, purported to be prepared by Flim and Trollope, OLS., 216 Adelaide Ave. E. Oshawa,,Ontario. The Committee noted that the Plan of Survey was undated; Mr. John Smith was sworn and with his agent gave the following evidence: 1. This is an application for a minor variance for an overall 5' reduction in the total' side yard require- ments Pi.e. 2h')on either side: The side yard` requirement is 251 in an agriculture zone:. 2. The subject lands have a frontage of 721. If the by-law with respect to sideyards is complied with any dwelling built thereon Would only be 22' 1 in width for which few plans are available. 3. He has no specific plan in mind, in fact, it is proposed to sell the lot and a consent to a minor variance would add to the value of the lot for selling purpose's. The Committee recalled that consent to a minor variance on this property had been granted to one David Nancekieville on May 6, 1970 (ref. Submission "A"241-70-14). Mr. Nancekieville applied as a proposed purchaser at _that time, but the purchase wa"s cancelled. The Committee then took the position that their consent could not be transferred to the owner and that "any new application in relation to"the same property would be considered on its merits as a<new application." This application then is to determine the Committee's policy in, these matters. The Committee stated that they were familiar with the ground location of the property and the surrounding buildings from a' previous inspection of the site. .Following further discussion the Committee were of the opinion toat the granting of this minor variance is correctly within the proper area of their discretion. Application granted on motion by K. Schoenmaker and.seconded by E.F.R. Osborne subject to the following conditions: Page 6 Meeting Committee of Adjustment May 10, 1971: 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 Ontario. THIS TIME FOR APPEAL IS 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. 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 aforesaid 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 ZONED 10 "A" Appendix 1 (f) Application File No. 295-71 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Ellsworth Herbert S. Caswell,Owner, R.R. #3 Port Hope, Ontario, for part of Lot 2, Con 2, Township of Clarke, Submission No. "R'aYs­ 71 -mal As business arising from minutes of meeting April 5, 19719 this application was brought forward for further consideration. Mr. & Mrs. E.H.S. Caswell, applicants, accompanied by their agent W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, appeared in support of this application. No other person appeared in support of, or in opposition to this application. As amatte"r of record the Committee inspected this property on May 6, 1971 at 7:15 p.m. The Committee, accompanied by the applicant Mr. Caswell, were shown around the property and noted the surveyor's stakes were located indicating the boundaries of the property.-. 'The house is located at the extreme easterly limit o -t- the property owned by the applicants. The Committee, by pacing, found the property 36 to 37 paces wide, which seemed an odd distance. There appeared to be no reason why the lot could not be enlarged, if necessary. W. Kay Lycett B'.A., on behalf of the applicants presented' the following material to the meeting:. 1. A certified Plan of Survey, prepared by M.D. Brown OLS, 1106, Bowmanville, Ontario, dated May 3, 1971, #71049 The Committee perused the Plan of Survey presented and questionned Mr. Caswell about the size of the lot in an agriculture zone. In reply Mr. Caswell stated that the parcel of land had been given to his daughter and son-in-law in 1954 for a building lot and the dimensions of 90' frontage and 170' depth had been agreed upon at one time. He now wishes to tender.a deed for the lot as given. Page 7 Meeting Committee of Adjustment May 10, 1971: A dwelling house was erectad in or about December of 1954 and has been occupied since that time by his daughter and son-in- law. The Committee questionned Mr. Caswell as to whether he would consider enlarging the lot and he replied that he could, if required to do so. Mr. Lycett stated that when the Committee requested a Plan of Survey it was assumed that the dimensions would be in accordance with what had been agreed upon by the parties concerned. In fact had a deed been tendered at the time of the gift there would have been no need to come before the Committee. The Committee recognized the equity of the applicant's claim; however, the Committee were,of'the opinion that they should not create a lot that does not meet minimal frontage requirements, which in this case is 150' and the acreage requirement which by analogy to a farmer retaining a lot and lots in rural residential areas should be one acre. The Committee, therefore, suggest that an amended Plan of Survey be prepared to meet these requirements of 150' frontage and one acre in size. The Secretary was instructed to inform W. Kay Lycett B.A., agent for the applicant that this application is adjourned until such time as £he amended Plan of Survey is presented. CLASSIFICATION 10 "A" Application File 293-71 Stanley Seneco, Purchaser, 246 Windsor St., Oshawa, Ontario, Director, Veterans Land Act, 480 University Ave., Toronto, Ont. for part of Lot 35, Con 6, Township of Clarke, Submission No. /4` a I3- yr - 3,s As business arising from minute's'of meeting April 5, 1971 this application was brought forward for further conRideration. Mrs. Stanley Seneco, the applicant, appeared in support of this applicatinn. No other person appeared in support of or in opposition to this application. Asta matter of record the whole Committee inspected this property at 6:15 p.m. on May 61 1971 and the following facts were noted: r 1. This minor variance, to build on the existing building line would be the 6th existing house north of the Taunton Road on the east side of the Darlington Clarke -Town Line; 2. There are no houses whatsoever in the area on the west side of the road, which is in the Township of Darlington; 3. A sign was affixed to a tree on the property which read "Ben Borkowski Construction, Custom Built Homes, 241 Greenwood Oshawa, Ontario, 725-9264" 4. A well had been excavated in front of the house location and footings had been poured; Page 8 Meeting Committee of Adjustment May 10, 1971; 5. Wheel Barrows,. a Cement Mixer and Flexible Drainage Pipe were in evidence and the footings appeared to be recent and construction in line with existing houses, approximately 40' back from the edge of the road; 6. No building permit was in evidence. It would appear that the applicant had proceeded with the work of installing the footings, before consent of the Committee was given; On the apparent facts the Committee resolved to enquire of the Building Inspector Mr. Horace R. Best as to whether there was a building permit in evidence. Mr. Best reported there was a building permit in existence for a 60' front yard, being Build- ing Permit 43-71, dated February 16, 1971; The Committee also noted that this was a VLA property. Mrs. Seneco was the their inspection on had been commenced Mrs. Seneco replied the impression that approval by VLA had z sworn and when informed by the Committee of the site and questionned as to why construction before consent of the Committee was granted, that her builder Mr. Ben Borkowski was under it was quite in order to go ahead. Apparently been regarded as a consent to proceed. This application was adjourned for further consideration. Owing to the lateness of the hour and the Committee having heard all oral representations from the applicants and their agents, this meeting was adjourned at 12:05 a.m. on motion by K.--S­cha@nmaker and seconded by E.F.R. Osborne to be re -convened at -7:00 p.m. the following evening, Tuesday May 11, 1971.aCarrrid* Secretary -Trews rer J r The meeting of the Committee of Adjustment re -convened on Tuesday evening at 7:00 p.m. in the Council Chamber, Orono, Ontario with all members and the Secretary -Treasurer in attendance. The following applications were brought forward and the submissions presented at the meeting of May 10, 1971, duly recorded: Application File No. 294-71 W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario. David Nancekievill, Proposed Orono, Ontario, Purchaser, for part of Lot 28, Police Village of Orono, Township of Clarke, Submission No.'v3 �Sd-ii— Ya' As business arising from minutes of meeting April 51 1971 th[i9 application was brought forward for further consideration. As a matter of record the whole Committee inspected this property at 2:45 p.m. on Saturday April 24, 1971. The Committee noted that while there are 5 lots on the north side of Churchill Road, only 3 houses are built and the land to the east drops off sharply into a flat or flood plain which extends over to Highway #115. Access to these lots would have to be from the west as Highway #115 is a controlled access highway and no direct entrances are possible and no service road exists parallel to the said highway.