HomeMy WebLinkAbout05/11/1971Page 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.
Page 9
Meeting Committee of Adjustment May 11, 1971
Access to any house to be built would be by way of
Churchill'Rogd, a dead end street, and the land use
forlthe marshy property running north and south parallel
to Highway�115 would eventually govern any future road
construction in the future.
t
The last home on the northerly side owned by one Ben
Madill has a frontage of approximately 185 feet. The
other two houses have frontages of approximately 72' and
791. The character of the area, therefore, is not one
of houses on undersized lots.
Mr. David ItLncekievill the applicant, accompanied by his agent
W. Kay Lycett appeared in support of this application. No
other person appeared in support of, or in opposition to,this
application.
The Committee heard the representations of the agent Mr. Lycett
and of the owner Mr. Nancekievill.
In brief,"the applicant has approximately 184.3' of
frontage which he wishes to divide into 3 lots of approximately
61' each. The frontage requirement is 75' in the area.
The Committee recalled that although the plan submitted
showed smaller lots on the north side of the street, their on
the site inspection revealed the houses actually constructed were
on large lots and their appearance was excellent. In particular
the house of one Ben Madill across the street. This has a frontage
of about 1851. This frontage is equivalent to all the frontage
owned by the applicant.To divide 3 lots into the same frontage
on the applicant's side of the street would not, in the opinion of
the Committee, be in conformity with the established character
of the area.
The Committee considered the argument advanced on behalf of
the applicant that the lot area would be sufficient with lots
of 61' frontage. A school ground exists to the south side of the
property and a large flat meadowland area exists to the east of
the lots making for low density occupation in the overall area.
The Committee also noted that with a 14' + 4' sideyard requirement
a 60' lot would accommodate a 42' house.
In spite of these arguments the Committee takes the
position that the By -Law requires 75' frontage and before a
minor variance is permitted the applicant must advance such arguments
that the Committee feel they should in effect over -rule the By -
Law. Mr. Nancekievill purchased this land with full knowledge of
the facts and to permit him to sever 3 sixty foot lots would create
the impression that 300' of frontage can make 5 sixty foot lots
rather than 4 seventy-five foot "legal" lots. Such an impression
would be most unfortunate.
The Committee recalled their earlier decision in regard
to an adjacent lot owned by one -Wilson (ref. "B"215-69-185, @t 27/69)
This was severed as a lot with 600.40 frontage. In that case the
lot, if not severed, was completely_useless, there being no land
available -to increase the frontage. It was an "infilling" situation
between two other properties and, therefore, was a particular
exception.
Since the present owner has a frontage surplus, the Committee
would be prepared to consider an application by the"owner herein
to sell 15' or more frontage to the small lot next door, so that
uniformity of lot size prevailed in the entire area. This, of course,
is up to the persons involved, but the Committee thought that
mentioning the matter might be of some assistance. In order to give
the applicant the opportunity to amend this pending application,
should he so desire, the Committee hereby instruct the Secretary -
"to Convey this interim decision to the applicant's agent and the
Committee may be spoken to at his convenience and the matter is,
therefore, left over until the next meeting to be held on May1�
1971.
CLASSIFICATION "R1" ZONE
Page 10,
Meeting Committee of Adjustment May 11,1971:
Application File No. 296-71
W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Bernard Callanan, Owner,
Orono, Ontario,
for part of Lot 29, Con. 5,
Police Village of Orono,
Township of Clarke,
Submission
As business arising from minutes of meeting April 5, 1971
this application was presented for further consideration.
Mr. Bernard Callanan, the applicant, accompanied by his
agent W. Kay Lycett B.A., Barrister & Solicitor, 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 whole Committee inspected this
property at 1:15 p.m. on Saturday, April 24, 1971. The following
facts were noted:
1. The applicant is a Veteran who holds a 6 acre:"
parcel of land under The Director, The Veterans'
Land Act. He works in the City of Toronto as
a sub -contractor, cleaning guard rails. His large
VLA holding of 6 acres is surplus to his requirements
and he'wishes to sever his house and lot and sell
the remaining lands•,,
2. The subject land is located well within the Police
Village`of Orono on Main Street, said Street runs
from the centre of the Village north to the Taunton
Road;;
3. The land to be sold, being so close to the centre of
t.,,,,.t•the Village obviously,iome day have to be re -planned'
and re -zoned, bearing in mind the development of
Orono and the overall requirements of the Official
Plan;. ,
4. Directly to the'east of the property and across.
the highway is a deep ravine and housing is non-
existent;
5.. The topography of the property was quite extreme
in that the road would, at points be 25' or more
below high and low ground levels;
Mr. Callanan was then sworn and following further discussion the
Committee intimated that an application severing existing buildings
from the surplus land would be more favorably considered if
said application were amended to show a lot to be severed included
existing buildings with an adequate rear yard for the frame
shed to the rear of the dwellin and an adequate side yard for the
insul brick garage directly sou?h of the dwelling. The frame
shed referred to is situate to the west of the dwelling. The
north side of the property having a fixed property line, no
requirements could be made.
The Secretary was instructed to send a copy of this interim
decision to W. Kay Lycett B.A., agent for the applicant
and this application was adjourned until the next meeting to
be held on May 31, 1971.
CLASSIFICATION *R" 1
Page 11
Meeting Committee of ..djustment May 11,, 1971:
Application Files No. 303-71.
304-71
305-71
Ann Tryntje Van Dyk Owner
Marten Van Dyk it
c/o L.C. Mason :1.C.,
Barrister & Solicitor,
Bowmanville, Ontario,
Dirk Binnekamp, Applicant,
c/o Richman & Berk, Agent,
409 Brock St. S.,
Whitby, Ontario,
part of Lot 31, Con 1, Township Clarke,
Submission No.s: A a69 -v>
As business arising from minutes of meeting April 5, 1971,
these applications were presented for further consideration.
Mr. Dirk Binnekamp, applicant, appeared in support of
these applications. No other persons appeared in support of,
or in opposition to these applications.
The following material was presented to the meeting:
1. Correspondence from Richman and Berk,
Barristers & Solicitors, Whitby, Ontario,
indicating "that the registered owner of the property
will be Florian Homes Limited, A corporation
incorporated under the laws of the Province of Ontario
and Mr. Dirk Binnekamp is an officer in the said
Company" signed "Alan Berk" Richman and Berk.
As a matter of record the whole Committee inspected these
properties at 6:45 p.m. on Thursday May 6, 1971 and the following
facts were noted::
1. The site of the lots is located at the West side of
the Village of Newcastle;
2. Two houses exist to the south of the lots and to
the north of High #401,Pother houses exist at
intervals on the east side of the road to Highway
#2;
3. The land fails away to the west to Wilmott Creek,
at the rear,of the lots (i.e. to the west);
4. A sign displayed on the property read "we will build
for you M. Laing Realtor, Oshawa 576-8345";
5. The Committee were of the opinion that a dwelling
situated closer to the road would have better cellar
or foundation drainage; the rear yard could be land-
scaped to give a view over Wilmots Creek;
Following a discussion the Committee requested Mr. Binnekamp,
the applicant to please file with the Secretary, Mrs. Yeo,
a Direction from the registered owners Ann Tryntje Van Dyk and
Marten Van Dyk saying that these applications are made with
their full knowledge and consent and appointing Mr. Binnekamp
their agent to appear on their behalf, or alternative evidence
that Florian Homes Ltd. are now the registered owners.
Applications adjourned awaiting the requested material.
CLASSIFICATION 10 "A" appendix 1 Sec "G"
Page 12.
Meeting Committee of Adjustment May 11, 1971:.
11
Application File No. 306-71
Barber & Kelly Agent,
Barristers & Solicitors,
Bowmanville, Ontario,
Kaspar Hollen, Owner,
Newtonville, Ontario,
for part of Lot 4, Con 1,
Township of Clarke,
Submission No.'A' 3.6- � ->v8
As business arising from minutes of meeting April 5,
1971 this application was brought forward for further consideration.
Mr. Kaspar Hollen, 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 whole Committee inspected this
property on Thursday, May 61 1971 at 7:45 p.m.
The Committee, accompanied by the applicant Mr.
Kaspar Hollen and also by one Mr. John Bird,
an abutting owner inspected the entire property.
The subject land of 50 acres fronts a Township Road;
the property purchased by Mr. Bird from Mr. Hollen
is a small acreage in the south west corner of the
applicant's land;
Mr. Hollen was sworn and following further discussion and reference
to the preliminary sketch of survey presented at the last meeting,
the Committee spoke to M.D. Brown OLS who was in attendance and
pointed out to Mr. Brown that this application was for one severance
and the Plan of Survey to be prepared should bear this is mind.
Application adjourned until such time as a certified Plan of
Survey,in duplicate, by an Ontario Land Surveyor has been -received.
CLASSIFICATION 10 "A"
Application File No. 307-71
J
Humphreys, Boychyn & Hillman, Agent,
Barristers & Solicitors`,
36h King St. E., Oshawa, Ontario,
William 7d. Wilson Owners,
Barbara Wilson
724 Beaupre Avenue,
Oshawa, Ontario,
for part of Lot 229 Con -1,
Parcel 149 Township of Clarke,
Submission No.'A' S,2-7,87
Application was made for exemption or partial exemption
from,provisions,of by-law 1592, with amendments thereto so as
to permit a minor variance from the required side yard of 25'
under Appendix 1 (f) to 21.6" to allow the construction of a house
on the subject land, in an Agriculture Zone.
The Secretary reported that 12 notices of the said hearing had
been mailed°in accordance with Item 4 of The Rules of Procedure.
Mr. William H. Wilson, the applicant,appeared in support
of this application. No other person appeared in support of,
or in opposition to this application. Mrs. A.G.Martin, Adjacent
owner,,RRR, #2,Newcastle Ontario, appeared as an observer.
The Secretary -Treasurer presented the following material
to the meeting:
1. A photostat Plan of Survey prepared by M.D. Brown,
OLS, Bowmanville, Ontario, dated August 30, 1965
annotated "Additions November 11, 1969"
Page 13,
Meeting Committee of Adjustment May 11, 1971:
Mr. Wilson was sworn and made the following submissions:
1. He wishes to build a house some time this
summer;
2. The proposed location for the house, he feels
will be suitable to the topography of the lot;
3. The house will face to the west on a knoll
and the view is to the south and the west.
Mr. Wilson presented tentative plans of the proposed dwelling
to the Committee, and following further discussion the Committee
indicated that they will inspect the property and this application
was adjourned awaiting their report.
CLASSIFICATION 10 "A"
Application.File No. 309-71
Mrs. Jean Goode, Owner,
R.R. #2, Newcastle, Ontario,
for part of Lot 31, Con 2,
Township of Clarke,
Submission It.
Application was made for exemption or partial exemption
from provisions of by-law 1592, with amendments thereto so as
to permit minor variances - (a) from required set back of 110'
to 901; (b) relief from Sec. 3.8 requiring 100' from a stream etc.
The Secretary reported that 13 notices of°the said hearing
had been mailed in accordance with Item 4 of The Rules of Procedure.
Mrs. Jean Goode, the applicant, accompanied by her husband
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. A sketch plan annotated "copy of Survey of part of
Lot 31. Con 2. Scale 501,111; said plan outlining
the dimensions of two properties owned by Mr. &
Mrs. Goode and an abutting owner Mr. Frank Gray;
Mrs. Goode was sworn and made the following submissions:
1. The subject land was purchased by her on June
N. 19651and abuts the property to°the E.where she & her husbar
2. This application is for approval to build beside reside
a ravine which carries spring run off from ditch
on sideroad-between Lot 30 and 31-;
3. The lot is not deep enough to set properly balanced
house plan on, if ravine on adjoining property is
classed as a water course;
4. The house would not look right if set farther back
than existing houses in the row;
The Committee perused the sketch plan and indicated to the
applicant that they would inspect the property and this application
was adjourned awaiting their report.
CLASSIFICATION 10 "A"
Application File No. 312-71 W. Kay Lycett B.A., Agent,
( Barrister & Solicitor,
Orono, Ontario,
William Perry Irwin & Etta Irwin,
R.R. #1 Orono, Ontario,
for part of Lot 29 Con 5
Lot 3, Block C W. side Main St.
Police Village of Orono,
Township of Clarke,
Submission No.
Application was made for exemption or partial exemption ftom
provisions of by -1592, with amendments thereto so as to permit
a minor variance from the required set back of 70' Append 1 (g)
to 43' in an 11R1" zone.
Page 14 ,
Meeting Committee of Adjustment, May 11, 1971;,
The Secretary reported that 19 notices of the said hearing
had been mailed in accordance with Item 4 of The Rules of
Procedure.
W. Kay Lycett B.A., Barrister & Solicitor, as agent for
the applicant 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 meetings
1. Correspondence from W. Kay Lycett B.A., Barrister
& Solicitor, Orono, Ontario, dated April 23, 1971.
The Committee noted the contents thereof;
2. A pen sketch of the subject lands outlining the
set back line required and the proposed set back
line, applied for;,.
W. Kay Lycett B.A., as agent for the applicants made the
following submissions:
1. The applicants propose to locate a house on their
lands at a greater distance from the centre line
of road allowance than those shown on the sketch
at a distance of 43' from the centre line road
allowance;
2. It is impossible to locate the proposed dwelling
on the subject lands at a distance greater than 43'
from the centre line of road allowance by reason
of the topography involved;
3. They wish to keep.the proposed building in line'
with other buildings already erected on adjacent lands
and at a similar distance from the centre line of
the road allowance;
The Committee perused the pen sketch noting the information
thereon with regard to the set back and indicated to the agent
that this property would be inspected.
Application adjourned awaiting report from the Committee of
their inspection.
CLASSIFICATION "R1"
Applications File No. 313-71 Mrs. B. Napier Owner,
314-71 Mrs. B. Napier Owner,
315-71 Mr. Ken Smith Owner,
R.R. #2, Orono, Ontario,
for part of Lot 3.1, Con 6,
Township of Clarke,
Submission No. '15" 6i3•oi-*J'6'
2 3w-7 - 1j4
B 3/a it n67
Applications were made for exemption or partial exemption from
provisions of sub -division control by-law 1592 with amendments
thereto for the separation of 3 parcels of land of irregular
dimensions to create building lots of uniform dimensions,
Mr. Ken Smith as applicant and as agent for his daughter Mrs. B.
Napier, both of R.R. #2 Orono, Ontario, appeared in support of
these applications. No other person appeared in support of or in
opposition to -these applications.
The Secretary reported that a total of 48 notices of the said
hearing on the 3 applications had been mailed in accordance with
Item 4 of The Rules of Procedure.
C
Page 15
Meeting Committee of Adjustment, May 11, 1971;,,
Mr. Ken Smith was sworn and made the following submissions:
1. Mrs. B. Napier, his daughter, and -himself own
abutting lands;
2. The subject lands are irregular in shape and
it is proposed to create building lots
of uniform dimensions. To do this it is
necessary to sever portions of the lots and
convey from father to daughter; and daughter to
father, thereby adjusting the boundaries of
the three lots;
3. Mr. Smith presented a photostat copy of a
preliminary plan of survey, prepared by M.D. Brown
ols, Bowmanville, Ontario, dated April 26, 19719
#71038 and discussed with the Committee the
proposed severances.
4. To illustrate how these exchanges could be made
Mr. Brown prepared preliminary sketches for the
3 applications and,on each,outlined in "purple"
that portion of the lot which could be added
or taken away to create the building lots proposed
by Mr. Smith and his daughter Mrs. Napier.
The Committee perused the material presented and indicated to
Mr. Smith that an inspection of the property would be made
and these applications were adjourned awaiting their report.
CLASSIFICATION 10 "A"
Application File No. 316-71
James Eldon Andrews Owner,
19 Lyme Regis Crescent,
Scarborough, Ontario,
Bert Arends, Agent,
R.R. #19 Blackstock Ontario,
for part of Lot 14, Con 7,
Township of Clarke,
Submission No.'A' F 7i Fo
Application.was made for exemption or partial exemption from
provisions of by-law 1592 with amendments thereto to permit
a minor variance from section 3.8 requiring 100, from a stream
etc.
The Secretary reported that 20 notices of °the said hearing
had been mailed in accordance with Item 4 of The Rules of
Procedure.
Mr. Bert Arends, R.R. #1 Blackstock 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.
The Secretary -Treasurer presented the following material
to the meeting:
1. Photostat copy of deed to James Eldon Andrews
and Caroline Jane Andrews, joint tenants, dated
28th day of March 1966, registered 22nd day of
"April 1966 as 429307 in Registry Division West Riding;.
2. Photostat copy of a sketch of the subject land
outlining the size of the various buildings, being
a cottage; garage;.. storage sheds and the proximity
of these buildings to a pond and stream°,
Page 16
Meeting Committee of Adjustment, May 117 1971..
Mr. Bert Arends was sworn and made the following submissions:
1. The applicant Mr. James E. Andrews engaged
him, under contract, to build a concrete foundation
231x33' under the existing cottage;
2. Upon applying for a building permit, Mr. H.R. Best,
Building Inspector advised him to make an application
to the Committee of Adjustment for a minor variance;
3. The existing cottage has been on the property for
some time and is located approximately 55' from
the pond;,
The Committee -perused the material submitted and particularly
noted that all the buildings were fairly close to the pond
and the stream. The Committee informed Mr. Arends that until
they had inspected this property they -were unable to properly
assess the situation.Application adjourned pending their report.
Application File No. 275-70 Mrs. Roma A. Turner, Owner,
cR.R. #2 Newcastle, Ontario,
for part of Lot 29, Con 111,
Township of Clarke,
Submission No.
As business arising from minutes of past meetings, this
application was brought forward for further consideration.
Mrs. Roma A. Turner, the applicant, accompanied by her
husband appeared in support of this application. No other person
appeared in support of or in opposition to this application.
c
The Committee discussed this application with Mrs. Turner
and noted that the Plan of Survey submitted showed a depth of
150' and a frontage of 2501. The Highway Commercial Zone, shown
on the map with the by-law shows an area which appeared to be
200' frontage and a depth of 2501. The Committee asked Mrs.
Turner ifca copy of the lease of this property could be made
available to determine the size of the previous existing use of
the land as a single lot and to see if this could be reconciled
with the area spot zoning"Highway Commercial" under the by-law.
The Chairman dictated a letter requesting same be read into
these minutes as follows::
Derek J.W. Little P. Eng.,
Municipal Planning Consultants Co. Ltd.,
400 Mount Pleasant Road,
Toronto, Ontario.
Re: Application Roma Turner for
Severance of Land,
Dear Sir: Zoned "Highway Commercial"
The Committee of Adjustment have before them an application
by Roma Turner the owner of lands in Lot 29, Concession 3,
in the Township of Clarke, which property was referred to as
"Texaco Service Station" on the west side of Highway #115,
immediately north of the junction with Highway 435 coming north
out of Newcastle shown on "map 2P.
The land as occupied has 250'_frontage and is 150' deep.
The "Highway Commercial" zone is shown on your zoning map with a
frontage of 200' and a depth of 2501. The Committee were of the
opinion that it --would be advisable to have the "Highway Commercial"
lands as used, contiguous with the "Highway Commercial" area as:
zoned. We wondered why you had adopted a depth of 2501, in this
case. It is noted that the depth of other highway property is also
250' and perhaps it was just a uniform figure that you used through-
-out -the -by --law in these cases. Your thoughts in this matter would
be appreciated in order that theCommitteemay render a decision
in this application at their next meeting to be held on May 31,1971.
Your opinion is being officially sought by the Committee under our
power to consult independent experts in such matters. Trusting this
is satisfactory and awaiting your reply. Yours very truly3
CLASSIFICATION "A" C
"E.R. Lovekin" hairman
Page 17
Meeting Committee of Adjustment May 11, 1971:
Application File No. 311-71 K. Gelder Owner,
101 Coe Hill`Dr.,
Apt 218, Toronto 3, Ontario,
for part of Lot 5, Con 79
Township of Clarke,
Submission No."ti a,1- -4
Application was made for exemption or partial exemption from
provisions of by-law 1592, with amendments thereto, so as to permit
a minor variance from the required 100' from a stream etc., under
section 348.
The Secretary reported that 12 notices of the said hearing had
been mailed in accordance with Item 4 of The Rules of Procedure.
Mr. K. Gelder, the applicant, appeared in support of this
application. No other person appeared in support of, or in
opposition;to this application.
Mr. Gelder was sworn and made the following submissions:
1. In or about the year 1962 he purchased 3.2 acres`
of land for a summer home. He now wishes to build
a permanent home of 12001sq. ft.
2. This application is for permission to construct a
dwelling approximately 40' from a pond, said pond
is located between the existing stream and proposed
dwelling and was created by diversion of the stream.
The stream was diverted to comply with the by-law
requiring a building to be constructed 100' from
a- stream etc.
3. He started building last year and when he put the
footings in, the building was 100' from the bed
of the stream but the pond that has filled the
lower levels of the lot brings the water's edge
closer to the footings as constructed;
4. With regard to septic tank, tile field or holding
tank, this will be more than 1001 from the pond;
The applicant -was read the following report of the Building
Inspector, Mr. H.R. Best and asked if the facts were
substantially correct, he replied they were:
"Feb 1291970 upon request of owner, site was
inspected at start of excavating, wet muddy soil
was noticed at 1'h1to 21depth. From 2' to 10' depth
soil became progressively softer_ and subject to
movement. Appears very similar to quicksand. A
recently constructed ditch approx. 10' wide and 6'
deep - 25' to 30' to rear of excavation also indicated
similar type of soil. Unacceptable bearing for footings
unless supported on piling. Due to topography of lot
new site not possible unless approval of Committee of
Adjustment for relief of set back from road and stream
can be obtained.
Also produced for perusal by the Committee were the following:
(a) Building permit #3717 dated Dec 9, 1969, permit expires
June 9, 1971 signed "H.R. Best"
(b) Plan of Survey prepared by Donevan & Fleischmann,
OLS dated May 10, 1962 Job #10014; dated March 2991966,
Job #14282. ThePlan of"Survey outlined the dimensions
of the property and also outlined in "red" the diversion
of the stream from its original course.
The Committee indicated that this property will be inspected and
this application was adjourned to enable them to do this.
CLASSIFICATION 10 "A"
Page 18
Meeting Committee of Adjustment, May
11, 1971:
Applications No. 297-71
Parcel Investments Limited, Owner
298-71
c/o 47 Prince Street, Oshawa Ont,
2996.71
Albertha Hosmar, Owner,
300-71
c/o 47 Prince St. Oshawa, Ontario.
301-71
Richard H. Donald B.A. Agent,
302_71
Barrister & Solicitor,
69 King St. E.,
Oshawa, Ontario,
part of Lot 30, Con 5,
Township of Clarke,
Submission No.'s"=9�
Submission No. "Aa ase - 7-° 3
As business arising from minutes
of meeting held on April 5,
1971 these applications were presented
for further consideration.
Richard H. Donald B.A., as agent for the applicant, and the
applicat Mr. A. Hosmar appeared in support of these applications.
No other person appeared in support of, or in opposition to these
applications. Mr. Jan Ochonski, Orono, Ontario, appeared as an
observer.
As a matter of record the whole Committee, accompanied by
Mr. Arno Adams an abutting owner, inspected these properties on
Saturday April 24, 1971 at 2:0'0 p.m.
The Committee were of the opinion thatthe following problems
exist with regard to the lots:.
(a) set back for a minor variance;
(b) line of drainage;
(c) building within 100, of a stream contrary to Sec. 3.8
"Lands Subject to Flooding" of amending by-law 1653;
(d) Specifically the Committee -thought that there was a
flood plain pollution and potential drainage problem
here that can only be resolved by a careful expert
study and they recommended that the Ontario Water
Resources Commission and Municipal Drainage Authorities
should be called in for an expert opinion.
The Secretary -Treasurer presented the following mater1al to the
Committee:
(1) Correspondence dated May 7, 1971 signed "M.L. Ross,
per D. Stark" as follows: Gentlemen: Re_:: Lot 30,
Concession 5, Twp of Clarke, Application No. 298,71
299-71 Parcel Investments; 301-71 302-71 Albertha Hosmar
The building of houses on these lots would be contrary
to By -Law No. 1639, under Section 3779ssl7a, of the
Municipal Act, in stoppirig up a watercourse. It is also
contrary to Section 3.8 of Zoning By -Law No. 1653.
As thisrs a natural watercourse with a large run off
in the spring time and as there is no other course it
could be diverted to, it must be kept open. Yours truly"
Richard H. Donald B.A., on behalf of the applicants made the
following submissions:
1. Building permits for these 6 lots were issued
on or about July 11, 1969 and expired on or about
January 11, 1971. These were numbered from 71-69
to 77-69 inclusive,,of these #72-69 has been built on;.
2. Owing to a series of circtmstances these permits A
were not used and these applications to the Committee
are for re -instatement of these building permits
as they previously existed.
Following a lengthy discussion on the problems pertaining to these
lots re drainage•, front yard set back; side -yard; area of house
and sanitary arrangements required;, reference was made to
sections 3.8 and 3.15 of amending by-law 1653. The Committee indicated
to Mr. Donald that all the facts as submitted would be reviewed by
them and he would be notified by letter as soon as possible.
Page 19,
Meeting Committee of Adjustment, May 11, 1971:
The Chairman, E.R. Lovekin B.A. LL.B., dictated the following
letter and instructed the Secretary to record same in these
minutes
Parcel Investments limited,
C/o 47 Prince Street,
Oshawa, Ontario. Att: Mr. A. Hosmar;
Richard H. Donald B.R.,
Barrister & Solicitor,
69 King Street E.,
Oshawa, Ontario.
Dear Sirs:
Reference is made to your appearance before the Committee of
Adjustment on Monday, May 10, 1971 at Orono, Ontario.
Following their hearing of all the cases on the docket for that
evening the Committee retired and gave further consideration to
Your applicationsthat evening on the following day, Tuesday, May 11,
1971. This letter is written to indicate to you the thoughts of
the Committee in regard to these applications.
The problem of drainage, as indicated to you orally by Mr. Schoenmaker
of the Committee, during the hearing of the evidence given by Mr.
Hosmar concerned the Committee. They are of the opinion that they
are not experts on the question of drainage and that professional
evidence should be adduced before the Committee indicating the
adequacy of drainage facilities in the vicinity of these lots. Any
proposals in regard to the installation of culverts and drains to
solve problems should be based on professional opinion.
In regard to the question of the building permits, the Committee
are not prepared, at this time, to consider re -instating the build-
ing permits as they previously existed in their entirety, but are
prepared to indicate to you the present thoughts of the Committee
in order that further re -presentations may be entertained by the
Committee. For purposes of clarification, we will deal with
matters under subject headings:
(a) Front Yard Set Back - The Committee are of the'opinion'that
you should probably be permitted to build on the existing line
established by buildings on both the north and south of the
properties by you. This'Sacceptable as a general practice,
building to the existing building line and further it is advisable,
in that the houses being located closer to the road the problems
that would be occasioned by moving the houses back into the
watercourse at the rear of the lot might be avoided or minimized.
This would have to be subject to a lot approval by the Health
Department, Cobourg, Ontario for the installation of a private
sewage disposal system.
(b) Sidevards - The Committee are of the opinion that they are
prepared to consider a minor' variance of lessor magnitude than
the sideyard requirements given in most of the permits
previously granted.
(c) Back 'Pard requirements, these are also reasonable in that the
.houses should be kept as far as possible from the watercourse
at the rear of the lot. Closeness to the watercourse is the
overiding factor.
Page 20
Meeting Committee of Adjustment, May 11, 1971;
(d) Area of the House - The Committee are prepared to grant
minor variances in the floor area of any particular
house provided that the homes to be constructed are in
general conformity with the other buildings as established
in the area.
(e) Sanitary Arrangements - Tile Beds - it is understood,
of course, from the viva voce evidence before the Board -
that the tile beds will be located, for these properties,
in accordance with new permits from the Health Department,
Cobourg, Ontario.
Conclusion The Committee are prepared to consider any and all
representations that you may care to make at their next meeting
to be held in -the same place as the last meeting, namely, the
Municipal Council Chambers in Orono at 7:00 p.m. on Monday the
31st day of May, 1971. In the meantime if there is any specific
enquiry which will enable you to prepare your case for the full
Committee's consideration you may speak to any Committee Member or
to our recording Secretary for any assistance or information
required.
Yours very truly,
"E.R. Lovekin"
Chairman, Committee of Adjustment
for the -Township of Clarke.
This application adjourned for further consideration at the next
meeting.
CLASSIFICATION 10 "A"
Application File No. 293-71
Stanley Seneco Purchaser
246 Windsor St.
Oshawa, Ontario.
With reference to this application, the Chairman E. Richard Lovekin
B.A. LL.B., instructed the Secretary to record the following
letter as dictated by him:
Mrs. S. Seneco,
246 Windsor St.,
Oshawa, Ontario.
Dear Mrs. Seneco:. Re: Application 243-71
Reference is made to your appearance before the Committee of
Adjustment at their meeting held on May 10, 1971.
The Committee realize the urgency of your situation but as
discussed before the Committee, an explanation must` be forthcoming
as to why these footings were poured iri violation of the by-law,
too close to the existing roadway and front lot line, before
the Committee can give a decision.
In our opinion, Mr. Ben Borkowski should have appeared before
the Committee on May 10th and given evidence under oath, since
he apparently is the only person familiar with the facts. All
you can tell the Committee is that you were unaware of what was
being done.
If Mr. Borkowski will incorporate his explanation as to why
he poured these footings, in a Sworn Affidavit, and deliver
the same to Mrs. Yeo, our Secretary -Treasurer, Municipal Office,
Orono, Ontario, on or before Friday May 14, 1971, the Committee
will give you their decision by the following Monday, otherwise,
if these facts are not received, the matter will be dealt with
at the next regulae meeting to be held on Monday, May 31st, 1971
in the Council Chamber, Municipal Office, Orono, Ontario. A
copy of this letter is being delivered to Mr. Wm. Slater, but the
Committee will obtain any evidence from him directly.
"Yours very truly," "Mrs. Ellen M. Yeo" for
E.R. Lovekin B.A._LL.B. Chairman
c.c. Mr. Wm. Slater, R.R. #19 Orono, Ontario, c.c. Mr. H.R. Best
Application adjourned awaiting requested Building Inspector.
material.
J
Page 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