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HomeMy WebLinkAbout05/31/1971Page 23 Meeting Committee of Adjustment May 17, 1971:. 2. This decision should not be registered on title until the said time for appeal has lapsed when the applicant shall then register on title by way of Deposit, a copy of the Form of Consent signed by the concurring members, and shall forthwith thereafter forward to the Secretary of the Committee a duplicate Certificate of Deposit or a Notarial copy thereof; 3. AND FURTHER that upon receipt by the Secretary of the afore- said document, the appropriate administrative officials of the Township of Clarke will be authorized to issue any and all necessary permits or to take any steps necessary to implement this decision. CARRIED. CLASSIFICATION 10 "A" Meeting adjourned at 2:00 p.m. 3ecretary-TreasiAter MEETING of the COMMITTEE OF ADJUSTMENT Monday, May 319 1971 at 7:00 p.m. Council Chamber Orono, Ontario, Present: E.R. Lovekin B.A. LL.B. Chairman, K. Schoenmaker, Member, E.F.R. Osborne, Member, The minutes of meetings held on May 10, May 11, and May 179 1971 were approved as read on motion by K. Schoenmaker and seconded by E.F.R. Osborne. Carried. Application File No. 307-71 Humphreys, Boychyn & Hillman,Agent, Barristers & Solicitors, 36'2 King Street E., O"shawa, Ontario, William H. Wilson Owners, Barbara Wilson, 724 Beaupre Avenue, Oshawa, Ontario, for part of Lot 22, Con 1, Parcel 14, Township of Clarke, Submission No."A"307-71-37 As business arising from minutes of the last meeting this application was brought forward for further consideration.. No person appeared in support of or in opposition to this application. As a matter of record the two members of the Committee inspected this property at 2:05 p.m. on Thursday, May 27, 19719 the Chairman being unable to attend. The following facts were noted:. 1. The subject land fronts on a Township side road, running south from Highway #2;, 2. The land on the easterly side of this road has been subdivided into approximately 22 potential building lots. This subdivision was created before subdivision control by-laws were passed;. Page 2 Meeting Committee of Adjustment, May 31, 1971:. 3. Presently there are a total of 4 houses situate to the north of the subject land and some distance to the south an excavation was in evidence; 4. Hydro and telephone lines are already established; 5. Only four residences, very widely spaced are situated along the west side of the road; The Committee: 1. Referred to minutes of May 10; sketch of the proposed side yard limits;, and the photostat copy of the plan of survey presented at the previous meeting. Following further discussion the Committee were of the opinion that a minor variance of 31�' on either side of the proposed dwelling was acceptable in view of all the facts. Application granted on motion by K. Schoenmaker and seconded by E.F.R. Osborne, subject to the following conditions.- 1. onditions: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 appropriateadministrative officials of the Township of Clarke will be authorized to issue any and all necessary permits or to take any steps necessary to implemeht this decision. CARRIED. CLASSIFICATION Zoned"10 "A" Append 2 (f) 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 No. "B"296-71-234 As business arising from minutes of past -meetings; this application was presented for further consideration. 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. Mr. Lycett presented the following material to the meeting: 1. A certified Plan of Survey, prepared by M.D. Brown OLS., dated May 31, 1971; certifying as follows: Page 3 Meeting Committee of Adjustment, May 31, 1971: 1. cont*- 111. As to the portion based on actual survey this survey and plan are correct and in accordance with the Surveys Act and the Registry Act and the regulations made thereunder. 2. This survey and plan was completed on the 28th day of May, 1971 "M.D. Brown OLS" The Committee noted that the original Plan of Survey is dated September 6, 1968 and numbered 66121A, prepared by M.D. Brown OLS. The Committee: 1. Referred to meetings held on April 5;"May 10, 1971; 2. Recalled their inspection of the site on April 24, 1971; 3. Noted that the applicant had complied with the suggestion of the Committee that the lot to be retained included existing buildings with an adequate rear yard and side yard for same. Mr: Lycett, as agent for the applicant, requested permission to amend the application accordingly. Permission granted by the Committee grid this application was granted on motion by K.Schoenmaker and seconded by F.F.R. Osborne. Carried. CLASSIFICATION "R1111 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 No. 11A'309-71-38 As business arising from mihutes of meeting May'.10, 1971 this application was presented for further consideration. No person appeared in support of or in opposition to this application. As a matter of record the two members of the Committee inspected this property at 1:30 p.m. on Thursday, May 27, 1971, the Chairman being unable to attend. The following facts were noted:. 1. The subject land is located in an Agriculture Zone and the proposed severance has a frontage on the north side of Highway #2, immediately to the west of the Village of Newcastle, Ontario; 2. A natural water course is located on the property, immediately to the north and west. At the time of the inspection there was no water running through it, but the soil was very wet and marshy. Mr. Goode explained this is dry in the summer. The watercourse continues southerly through a concrete briage,with an opening having a width of approximately 8' and a height of approximately 61. Water was observed to be running at this location; 3. Mr. Goode stated that the proposed building would come within approximately 40' of the said watercourse;, The Committee referred to the minutes of meeting May 10, 1971; reviewed their inspection of the site and following a lengthy discussion their decision was made on the following main factors: (a) No building should be built within 40' of a natural watercourse which empties into Wilmot Creek. Possible pollution of Wilmot Creek is of concern to The Dept. of Municipal Affairs, as evidenced in other recent matters in the Township of Clarke•, Page 4 Meeting Committee of Adjustment, May 31, 1971:. (b) The overall size"of a lot having an area"of 15000 square feet in an Agricultural Zone is also not desirable; and far below standard; (c) The set back requirement would also have to be reduced and this is also not desirable; The Committee referred to -minutes of meeting held on May 10; discussed at length their inspection of the site and in view of all these facts this application was refused on motion by E.F.R. Osborne and seconded by K. Schoenmaker. Carried. CLASSIFICATION 10 "A" Application File No. 312-71 W. Kay Lycett B.A., Agent, Barristr�r & Solicitor, Orono, Ontario, William Perry Irwin` Owners, Etta Irwin R.R. #1 Orono, Ontario, for part of Lot 29, Con 5, Police Village of Orono, Township of Clatke Submission %08312-71-39 As business arising from minutes of meeting May 10, 1971 this application was presented for further consideration. W. Kay Lycett B.A., Barrister & Solicitor, agent for the applicants 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 two members of the Committee inspected this'property at 1:50 p.m. on Friday, May 28, 19719 the Chairman being unable to attend. The following facts were noted: 1. The subject land fronts on the westerly limits of "Main Street", a main County road running through the Police Village of Orono and is situated in an "R1" zone. Hydro, telephone and municipal water connections are readily available; 2. The land is high and well drained. The topography of the land is such that it drops sharply towards the west, down into Provincial and Municipal parklands; 3. The proposed set back, while substantially less than that required by the by-law, is not unreasonable in ` that the established building line of two houses to the south and the three houses to the north are all less than the proposed set back. Two of the five adjacent houses are actually over their lot line and` on the road allowance itself. This is occasioned by the fact of topography, the land drops steeply to the west necessitating the house being built on the extreme easterly portion of the existing lot - 4, One further point noted was the fact that this would be in the nature of an infilling operation as houses along both sides of the road have been built on all available land, except for this one parcel; 5. A considerable amount of back fill has been dumped in order to allow sufficient room for buildinga house and for a rear yard. The Committee felt that it seemed desirable to allow a house to be built on this location as it would improve the general area, rather than detract from it as the situation is at the present time. Page 5 Meeting Committee of Adjustment, May 319 1971: Mr, Lycett presented the following material to the meeting: 1. A Plan of Survey prepared by F.J. Donevan OLS., Donevan & Fleischmann, Engineers, Surveyors, Oshawa, annotated "survey made Sept 1/60 Plan Sept 3/66, Job #14884"; The Committee: 1. Referred to minutes the plan of survey; of the sight; and of meeting May 10; perused discussed their inspection were of the opinion that for topographical reasons this application should be granted. Application granted onmotion by K. Schoenmaker, seconded by E,F.R. Osborne, subject to the following conditions: 1. TAKE WARNING that this decision, for a minor variance, cE the':C•larke 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 "R1" Applications File No. 313-71 314-71 315-71 Mrs. B. Napier Owner Submission No. "B"313-71-235 Mrs. B. Napier Owner Submission No. "B"314-71-236 Mr. Ken Smith Owner Submission No. "B"315-71-237 R.R. #2 Orono, Ontario, for part of Lot 31, Con 6, Township of Clarke. As business arising from minutes of meeting May 10, 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 two members of the Committee inspected this property at 2:15 p.m. on Friday May 28, 1971, the Chairman being unable to attend. There was no one on the premises. The following facts were noted: 1. The subject land is located in an Agriculture Zone and abutsthe westerly limit of a well travelled Township road. Page 6 Meeting Committee of Adjustment, May 317 1971:. 2. It appears that the road formerly curved in a north-westerly direction and that it has been straightened to run due north, leaving a triangular shaped parcel of land; 3. The land slopes down to'this road in two stages with the' roadbed being approximately 15' lower than the highest point of the subject land. A considerable amount of excavating will need to be done to facilitate the construction of a house; 4. The land appears to be well drained, is very scenic and suitable for housing; Following further discussion and perusal of the preliminary sketch Of survey as presented at the last meeting, the Committee instructed the Secretary to request the applicants to submit a certified Plan of Survey prepared by an Ontario Land Surveyor and these applications were adjourned awaiting the requested material. a CLASSIFICATION 10 "A" Application File No. 316-71 James Eldon Andrews Owner, 19 Lyme Regis Crescent, Scarborough, Ontario, Bert Arends, Agent, R.R. #17 Blackstock,Ontario, for part of Lot 14, Con 7, Township of Clarke, Submission N6.11A"316-71-40 As business arising from minutes of meeting May 10,'1971 this application was presented for further consideration. 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. As a matter of record the two members of the Committee inspected this property at 3:30 p.m. on Thursday, May 27, 1971, the Chairman being unable to attend. The following facts were noted: 1. The subject land abuts the easterly limits of a Township road. Hydro and telephone lines were in evidence; 2. A pond is situated on the north-western portion, having dimensions of approximately 1501x501, with an outlet at'the south-east corner from which water was running into a creek winding through the property in a southerly direction;, 3. A cottage, having dimensions of approximately 241x34' is located approximately 40' south of the pond; the stream running to the east and south of this cottage is at a distance of approximately 40' more or less; 4. Three more small buildings in good repair, and a wooden platform approximately 161x16' are situated between the cottage and the stream. All these structures are resting on cement blocks laid on the ground; 5. On site inspection revealed no evidence of construction of footings having been commenced nor any building material; Mr. Arends was sworn and Mr. Lovekin, stating that he had been unable to visit the property he, therefore, felt that he should withdraw from active participation in this application. Mr. Schoenmaker as senior member assumed the chair and questionnel Mr. Arends as follows: q; There was no evidence of building materials on the property although"mention had been made about this at the last meeting. a. The necessary materials were in the truck the day application was made for a building permit. He was unable to obtain the building permit but advised instead to apply to the Committee of Adjutment for a minor variance. He, therefore, stored the material at his home in Blackstock, Ontario, pending the decision of the Committee. Page 7 Meeting Committee of Adjustment, May 31, 1971: q� Have you been appointed by the owner James Eldon Andrews to act as agent for him in this application? a. "yes" Mr. Andrews lives in Toronto and as he hired me under contract to work on the cottage, he assumed I was the logical one to explain to the Committee the facts concerning the matter; q. Has the owner indicated as to whether or not the cottage is to be used as a permanent residence? a. "no" Mr. & Mrs. Andrews live, and both work, in the City of Toronto and the existing cottage is to remain as such, in fact a summer dwelling; q. Are you going to dig out a basement? a. "no" I will dig out to.give sufficient space for footings and retaining walls of 10" concrete blocks 41 to 51 high. q. A walk in, basement? a. "no" the soil will remain under the cottage with the exception of the soil which will be removed to accommodate the footings, in other words the area under the cottage will be a crawl space only. q. Have you been asked to instal any sanitary facilities? a. There has been mention of this by the applicant but no instructions were given to do this. Mr. Arends further stated that there would be proper ventilation under the cottage. Further reference was made to minutes of meeting May 10, 1971. The Committee considered all the facts presented and were of the opinion that a minor variance should be granted to permit a continuous concrete wall under the existing building provided that no "walk in" basement would be constructed but only a "crawl space" type of basement. This application was granted on motion by K. Schoenmaker and seconded by E.F.R. Osborne, subject to the following conditions: 1. Mr. Arends to obtain an Authorization from the registered owner of the property, James Eldon Andrews, appointing Mr. Arends to act as agent on his behalf before the Committee in connection with the application for a minor variance in putting the cottage on a continuous concrete wall. The Committee instructed the Secretary that upon receipt of the requested material, the Decision of the Committee could then be forwarded to the Department of Municipal Affairs, Toronto, Ontario. 2. TAKE WARNING that this decision, for a minor variance, of the Clarke Township Committee of Adjustment .IS NOT FINAL AND BINDING uptil 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. 3. 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. I < . . 4. AND FURTHER that upon receipt by the Secretary of the afore- said document, the appropriate administrative officials of the Township of Clarke will be authorized to issue any and all necessary permits or to take any steps necessary to implement this decision. CARRIED. CLASSIFICATION 10 "A" S 8 Page S Meeting Committee of adjustment May 31, 1971: application File No. X94-71 W. Kay Lycett B.A., Agent, Barrister & Solicitor Orono, Ontario, David Nancekievill, Owner, Orono, Ontario, for part of Lot e$, Con. 5, Police Village of Orono, Township of Clarke, Submission asp as business arising from minutes of past meetings 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. No other person appeared in support of, or in opposition to this application. Mr. Lycett referred to the Committee's recommendation that the applicant consider selling 15' or more frontage to the small lot next door. Mr. Nancekievill approaded the abutting owner, Mr. Floyd Nicholson. Mr. Nicholson is not interested in acquiring any more land. The Committee, upon reviewing a large frontage to be carved into and set a dangerous precedent. all the facts, felt that to permit below size lots, would be misleading The applicant bought the land with full knowledge of the frontage requirements. although the case was well presented and ably argued, particularly in view of the submissions that large green belt areas were in the vicinity and ample square footage was available, the frontage requirement was deemed to be essential. The Committee stated that if the applicant wishes to create two lots, such an application will be given further consideration. application adjourned for further consideration. CLaSS1FTCATTON "Rlss Gone Application File No. e-95-71 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 &, Con. Township of Clarke, Submission as business arising from minutes of past meetings, this application was presented for further consideration. Mr. and Mrs. E.H.S. Caswell, applicants, accompanied by their agent, Kay Lycett B.a., Barrister & Solicitor, Orono, Ontarb, 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. Correspondence from W. Kay Lycett B.R., Orono, Ontario, dated May '40, 1971. The Committee noted the contents thereof.- Photostat hereof; Photostat copy of that part of the last Will and Testament of Ellsworth Herbert Caswell, wherein mention is made of intention to give his daughter Doreen Green "a lot off the north-easterly corner of my farm which lot has a frontage of 90 feet by a depth of 170 feet, on which lot she has already built a house." Page 9 Meeting Committee of Adjustment May 31, 1971:. Mrs. Caswell was sworn and then asked by the'Commi.ttee if she could comment on the third paragraph of the agent's letter of ,May 20, 1971 where it was alleged that the applicants were disheartened in that they felt that to grant a frontage of 150 feet would,depreciate "from the value of his remaining farm property." , Mrs. Caswell explained that the only land used by them is for a garden east of her daughter's house and north of the existing road allowance. The balance of the farmland is rented to a neighboring farmer. She and her husband occupy the farmhouse. To increase the frontage of the lot, in question, will spoil their garden and also decrease the value of their farm. Her daughter and son-in-law do not wish -any more land, they have more than enough to look after now and the size of the lot as given is more than sufficient for their needs. The frontage of thefarm is 13201, more or less, and has been listed for sale with a realtor but the listing will expire in a couple of weeks. No decision in regard to relisting has been made at the present time. The type of soil in this area is a heavy clay. Mr. Caswell stopped working the farm, as a farm, approximately 15 to 20 years ago. The Committee noted that the well and septic tile, bed were not indicated on the plan and asked Mrs. Caswell where they were located. Mrs. Caswell replied that the well is at the south west corner of the house and the septic tank and tile bed is further south to the east. The Committee considered the following facts: 1. The By�Law requires 40 acres for a minimum lot area in an agricultural zone; 2. A farmer retaining a lot requires an area of one acre and a frontage of 1501; 3. The owners have a frontage of 1320' and a farm acreage; 4. The applicants stated the farm has-been listed for sale for some time, but the listing will be running out in a few weeks; 5. The applicants also stated they had not farmed the property for some 15 years; The applicants' agent, W. Kay Lycett B.A., argued very ably that there was a previously existing intention to convey a smaller parcel and the applicants, therefore, have a right to convey a smaller area. This argument cannot be given full credit below a one acre minimum. The Committee feel that they have by implication been given a guide line in the by-law that lots in an agricultural zone should be considered "Estate Lots" of at least one acre in size. Additional lands being readily available and a frontage of 1320' being owned by the applicants, the Committee could see no reason why the minimums of 150' frontage and one acre in size should be reduced. The applicants may amend their case to sever a lot of one acre in size with 150'frontage if they so desire. If they do not wish to amend their application as it is now cast, it may be brought on l for final decision upon the request of the agent. The Committee intimated that they would view the property once more. Application adjourned. CLASSIRICATION 10 "A" Page 10 Meeting Committee of stdjustment May 31, 1971 Applications No. 297-71 Parcel Investments Limited, Owner, 298-71 c/o 47 Prince Street, Oshawa, Ont 299-71 Albertha Hosmar, c/o 47 Prince St.Owner, 300-71 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, 1 Submission No. A*' q7-7-66 —/ Submission No."k 3�� - "'GS As business arising from minutes of past meetings, these applications were presented for further consideration. Mr. A. Hosmar, applicant, 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 A. Hosmar, C.A. Chartered Accountant, 47 Prince St. Oshawa, Ontario, dated 11, 1971: "Gentlemen: Attached is letter from Mr. Ross addressed to Mr. Best contents of which is explanatory. We received a copy of this letter after we had purchased the subject lots in good faith including building permits for all seven lots. The builder of Mr. Adam's house went to Mr. Ross who then told him about the concern the Township has about the water problem. We therefore agreed to dig the now existing ditches. These should however already have been there before we purchased the subject lots. Under the circumstances we are however willing to discuss this problem with Mr. Ross and Mr. Best to come to a satisfactory solution to this problem. Respectfully, Parcel Investments Ltd., (sgd.) " A. Hosmar. to 2. Photostat copy of letter from M.L. Ross Road Supt., addressed to Mr. H. Best Building Inspector, Township of Clarke, dated February 7, 1969 - " Dear Sir: As we anticipate a possible water problem in this area, I have written Mr. Ochonski asking for a plan of his lots frpnting'on the side road and the Taunton Rd. It is the intention of the Council to require a proper drainage outlet through the land on the east side of the road. This may require Mr. Ochonski from building on one lot. Mr. Ochonski picked up several entrance permits in 1965 and has never given this office a plan of his sub. div. I believe you will be getting a letter from Council also, but would you not issue any more building permits to Mr. Ochonski until he has complied with this request. (sgd.) "M.L.;Ross" Road Supt. _Township of Clarke. Mr. Hosmar was sworn and stated, in at least one case, they would like to put a house 40' wide on a 75' lot leaving 35' available for side yard clearance (172' on each side). Mr. Hosmar asked the Committee if they would consider accpeting 172' as a reasonable side yard? (an acceptable minor v dance?) The Committee reserved their opinion on this point. Mr. Hosmar further indicated that he would obtain professional advice from Totten Sims Hubicki & Associates Ltd., Consulting Engineers, 519 Dundas St. E., Whitby, Ontario and a report on the drainage problem. This will be submitted as soon as obtained. Application adjourned for further consideration. CLASSIFICATION 10 "A" App. 1 (f) Page 11 Meeting Committee of :adjustment May 31, 1971: Application File No. 308-71 Mrs. Marie O. Gibson, Owner, R.R. #2, Newcastle, Ontario. for part of Lot 31, Con 3, Township of Clarke, Submission Application was made for exemption or partial exemption froff provisions of subdivison control by-law No. 1592 and amendments " thereto to permit the separation of a parcel of land approximately 43517" x 100' being approximately 1 acre in area from the applicant's land in an agriculture zone. Mrs. Marie O. Gibson, the applicant, accompanied by her son Mr. Russell Gibson, both of R.R. #2 Newcastle, Ontario, appeared"in support of this application. No other person appeared in support of, or in opposition to this application. " Mr. R. Osborne, one of the members declared to the board that he was a close neighbour of the applicant and had known her for many years, but he had no financial interest in the property that would conflict with his participation in the discussion. The Chairman. ruled that having disclosed the applicant was a neighbour he could remain if he was of the opinion he could objectively judge the situation. The Committee recalled an earlier case where Mrs. Gibson made an application for a severance on this same property (ref. "B"139-68-121 Sept 23, 1968; "A"240-70-13 April 6, 1970). The previous severance was granted to sever existing buildings, there having been at the time, subdivision control in the Township. The land was divided off and transferred to another son of Mrs. Gibson, Mr. Gerald Gibson. A minor variancewas also granted on this severance. Mr. Gerald Gibson, a full time Police Officer, assisted on a part time basis with the farming operation and filed with the Committee a sworn Affidavit to that effect. His brother, Russell Gibson, works the farm as his major source of income. Mrs. Marie O. Gibson was sworn and questionned as follows: q• a, q. a. q• a. q• a. q- a. 4• a. q• a. q• a. q• q. a. Is this land presently being used in any way as a dwelling area? "Yes" my son is living in a house trailer; How long has your son been living in a trailer on this land? Two years this coming October; Is your son married? "Yes" August 17, 1968. What is the main crop on this farm? Apples, approximate -acreage of the whole farm is 38 How long have you lived on the property? acres more or less Married in 1936 and moved to this farm with her husband in 1936; Did your husband have any other main source of income ? "No" farming was his main source of income During period from 1938 to the present did you remain continuously on the farm? My husband had a short period of wartime employment at G.M. in Oshawa, but otherwise we stayed on the farm; Was your family raised on the farm? "Yes" Your_son Russell, to whom you wish to transfer the lot; what has been his main source of income during last 5 years? He took some temporary employment in the wintertimewhen there" was no work on the farm, but his money comes mostly from the farm; Is your son, Russell, to whom you propose transferring this parcel of land, still on the farm? "Yes" Can you give us a rough idea of gross sale of apples last year ; $12,000.00 to $142000.00 in agriculture products being mainly apples and pears; When did your son take over the full time operation of the farm, =for -the first time? When my husband died, suddenly, in 1967, Russell took over the farm full time. Page 12 Meeting Committee of Adjustment May 31, 1971: a. cont'd My other son, Gerald, is a full time member of the Ontario Provincial Police, but Russell has no other full time employment; q. Do you. yourself, live on the farm property? a. "Yes" q. Do you live in separate dwelling on the farm? a. "Yes" q. The house that you live in, is this the house that you and your husband lived in, before his death? a. "Yes" we moved into the new house in 1957; q. What arrangement do you have between yourself and your son with regard to management of the farm? a. My son is working it full time; q. What remuneration? a. Just wages right now; q. On what do you base the wages paid? a. Per hour; q. Does his pay have anything to do with the amount of crop? a. By percentage he receives a little less than z of the profit; q. Where has your son Russell and his wife lived since they were married? ' a. They lived in a basement apartment in the house and then moved into a trailer; on the property. This is the lot I wish severed for my son; Mrs. Gibson stated that her intention is to carry on the farming operatioh as long as it is economically possible. If the operation becomes uneconomical she will have to do something else. She would have to sell the farm together with the house in which she presently lives. q. If the boy builds a house on the lot you are asking for, is he going to finance this house himself? a. He would be seeking a mortgage on his own to build a house on this lot. Mr. Russell Gibson was then sworn: - q. Are you the son of Mrs. Marie Gibson? a. "Yes" q. Have you heard the evidence given by your mother previously? Is the evidence given by her to the best of your knowledge and belief, substantially correct? Have you anything to add to her evidence? a. I think you have asked all the questions;. q. Is there presently an entrance to the Township road at the trailer site? a. "Yes". The proposed lot has a minimum of 150' frontage and an area of 1 acre. Q. Would the entrance to the property be in conjunction with e the farm property or has it a completely separate entrance? a. A completely separate entrance;, q. Is the drainage and topography of the land suitable for a dwelling? a. "Yes" level ground with good drainage; q. What.,has been your major source of income during last 5 years? a. Ever since I finished school I have run the farm since my father's death•,. q. Do you have any trade other than farming? a. "No; farming is the only vocation; q. Are there any services installed on this lot? a. A bored well, septic tank and tile bed connected to the house trailer; q. Permit from Health Department? a. "Yes" inspected before and after installation by Inspector of Health Unit, Mr. Rood? "Yes" adequate water supply? "Yes" water is good clean well; q. If you built a house on this site will you dispose of the trailer. "Yes" I would sell it q. Do you pay any specific tax for trailer ? a. "Yes" $20.00 per month. J Page 13 Meeting Committee of Adjustment, May 31, 1971: 'Mr. Gibson was informed that the policy under the Rules of Procedure no consent is given until a Proper Plan of Survey, certified by an Ontario Land Surveyor is submitted, and the site inspected. There being no further questions, this application adjourned to enable the Committee to inspect the property. CLASSIFICATION "A" 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 No.'W As business arsing from minutes of meeting April 5, 1971 this application was presented for further consideration. No person appeared in support of, or in opposition to this application''. As a matter of record two members of the Committee inspected this property at 2:45 p.m. on Thursday May 27, 1971 and noted the following facts: 1. The subject land abuts the west side of a well travelled gravel road which runs in a north -south direction. Hydro and telephone lines terminate approximately 300' south of the applicant's lands; 2. A closer inspection revealed that a considerable amount of excavating had been done on the property; 3. A ditch had been dug from the extreme westerly limits of the lot having a length of about 250' connecting with the main stream, this stream runs through the property in a north -south direction and effectively divides it; 4. Most of the excavating had been done in the westerly portion of the subject parcel, substantiating the oral representations by the applicant, that he had been unable to build a home on that portion of the property because of the nature of the soil conditions; 5. A very well built bridge, made of 6 steel girders and a deck of railroad ties, spanning the stream was noted; 6. A man made pond had been located east of the creek being approximately 100' long and at its widest point having a width of approximately 501, with well built up earthen banks re-inforced with cement blocks and stones at strategic points; 7. A partially completed basement was situated approximately 45' north east of the pond. The east wall of this basement is in a very bad shape, bulging inwards considerably. The north wall also bulges inward slightly; The Committee were of the opinion that the building could be located a further 33' more or less towards the north and 10' or more towards the east; 8. The area immediately to the east and north of the basement is extremely wet, which condition extends to the northern and eastern limits of the subject lands. The Committee were of the opinion that a minor variance as requested should not be granted. The Committee are prepared, to give further consideration to an application for a building 33' more or less to the north and 10' more or less to the east;. or an application where the pond will be filled in so as to give a 100' clearance. In any such application, a plot plan prepared by an Ontario Land Surveyor showing the exact submission shall be presented. In order to save the applicant time and costs; he may amend the current application, if he so elects. If he does not wish to amend his application; the application as it stands will be finally argued at the regular meeting of the Committee to be held on July 5, 1971. Application adjourned until this time.CLASSIFICATION 10"A" Page 14 Meeting Committee of Adjustment May 317 1971: Application File No. 317-71 W. Kay* Lycett B.A., Agent, File No. 318-71 Barrister & Solicitor, Orono, Ontario, Messrs. Charles & Everett & Walter Stapleton Owners, R.R. #2 Orono, Ontario, for part of Lot 30, Con. 6, Township of Clarke, Submission No. ­e' 517 -tel- pyo } Submission No."A" 3i8- 7 yi J Application was made for exemption or partial exemption from Provisions of subdivision control by-law No. 1592 and amendments thereto to permit the separation of a parcel of land approximately 35' from the applicants' lands in an agriculture zone; and an application to permit a minor variance from the side yard requirement of 25' under section (f) Appendix 1, to 24' in an agricultural zone. Messrs. Charles & Everett Stapleton, applicants, accompanied by their agent W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario appeared in support of these applications. Mr. Lloyd Bradley and Mr. Jack Beittle, both of R.R. #2 Orono, Ohtario, abutting owners also appeared. No other person appeared in support of, or in opposition to these applications. The Secretary reported that 26 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. The following material was presented to the meeting: 1. Correspondence from W. Kay Lycett B.A., Barrister & Solicitor, dated May 7, 1971 regarding Application 317-71 - "the parcel in question will lie adjacent to the east of an existing separated and vacantbuilding lot presently r@gistered in the name of Walter Stapleton, which I understand is now shown on a Registrar's compiled plan registered in the Registry Office. This pre-existing building lot has dimensions of 75' x 200' and is the subject now of an agreement of purchase and sale between Walter Stapleton and The Director of the Veterans' Land Act who is purchasing the same on behalf of Gordon Winstanley and Margaret B. Winstanley under the provisions of the Veterans' Land Act. In accordance with the regulations and specifications set down by the Department of Veterans Affairs additional land is required to be added to the present lot and so, therefore, this application becomes necessary in order that the lot may be increased in size and area to 17,625 sq. feet " 2. Correspondence from W. Kay Lycett B.A., Barrister & Solicitor dated May 12, 1,971 regarding, Application 318-71 Minor Variance "application for minor variance allowing a house to be erected upon the subject lands having a width of 26 feet and since the lot is only 75 feet wide, the minor variance is required in respect of one side yard from 25 feet to 24 feet. I would point out that also my clients are the registered owners and they are making this application as The Director of the Veterans' Land Act is the proposed purchaser of q the property on behalf of a"Mr. and Mrs. Winstanley J who will actually be erecting the proposed house on the subject lands and who will require the necessary building permit if and when this application receives your approval. Page 15 Meeting Committee of Adjustment May 31, 1971 W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, presented the following material to the meeting: 1. A certified Plan of Survey prepared by M.D. Brown OLS., 1106, dated May 12, 1971 465124C showing outlined in "Black" Lot 18, annotated "Inst. No. N2741911, 'Registrar's Compiled Plan No. 687 and the proposed area to be added to the existing lot of 2,705 sq. ft. 2. For the perusal of the Committee Mr. Lycett also presented copy of the present owners' offer to sell these lands to the Director of the Veterans' Land Act. Messrs. Charles & Everett Stapleton were then sworn and stated that the facts were as stated by their Agent, W: Kay Lycett B.A., in his correspondence. Mr. Everett Stapleton then presented a photostat copy of part of a Plan of registered lots and a covering letter from Mr. Jack Brough, Registrar, Land Titles & Registry Offices 108 Liberty Street N., Bowmanville Ontario, which read in part " In future transactions dealing with your land you must use the new Lot and Plan numbers, rather than the description now appear- ing in the above noted registered document. For this reason I suggest that you keep this letter with your title documents, so that when you deal with the land in the future, you or your solicitor will have the required information as to the new description." (sgd.) "Jack Brough" Registrar. The Committee noted that the lot in question is # 18 with a frontage of 75' and a depth of 2001. It is proposed to add an area of 2705 sq. feet to the Easterly end of said lot 18 thus giving a depth of 235' Mr. Lloyd Bradley and Mr. Jack Beittle were sworn and invited to make their submissions.` Mr. Bradley perused the photostat copy of Plan 687 and indicated that he was the owner of Lot 19; Mr. Beittle indicated that he was the owner'of Lot 20 on the said Plan. Mr. Bradley referred to the plan as follows: he has no objection to a bu2lding on the lot perse, but he did object that the land to be added is to the back of the property, in his opinion, this should be added to the side, because the frontage is too small. It will spoil the whole appearance of the street. Mr. Beittle agreed, in that he had no objection to this application other than the lot should be increased for frontage rather than depth. They also agreed that they would like to see the septic tank located in front of the house. They would be in favor of a reduction in the side yards so that the type of house constructed would be more in conformity with abutting properties rather than a 25' house which would be too narrow. Mr. Bradley was also concerned about the future of the line fence, if this land was added. The Committee informed Mr. Bradley that they have no jurisdiction over land fence and barring any voluntary agreement between the parties concerned the proper procedure would be to call in the fence viewers under the Line Fences Act or con- sult his solicitor. Following further discussion these applications were adjourned to enable the Committee to inspect the property. CLASSIFICATION 10 "A" Page 16 Meeting Committee of Adjustment May 31, 1971: General Business An interview was granted to Mr. Harold Brown who enquired as to whether or not the Committee would consider the extension of a non -conforming use, namely, the addition of a new paint shop to an existing garage, in the Hamlet of Kendal, Ontario. The Committee suggested to Mr. Brown, that in their opinion he would be better advised to make application for re -zoning and thereby clearly establish a conforming use for all time. The Secretary -Treasurer presented to the Committee, copies of Minuts of Planning Bodrd Meetings. This being all three business, the Secretary -Treasurer meeting ad' urne 1 .m. Ch firman MEETING of the COMMITTEE OF ADJUSTMENT Monday, June 7, 1971 at 7:00 p.m. Present, Chairman E.R. Lovekin B.A. LL.B.,, Members, K. Schoenmaker; E.R. Osborne; Council Chamber, Secretary -Treasurer Mrs. Ellen M. Yeo. Orono, Ontario. The minutes ofmeetings held on May 31, ],971 were approved on motion by K. Schoenmaker, Seconded by E.F.R. Osborne. Carried. Application File No. 275-70 Mrs. Roma A. Turner, Owner, R.R.42 Newcastle, Ontario for part of Lot 29, Con 111, Township of Clarke, Submission No."B"275-70-238 As business arising from minutes of past meetings, this application was brought forward for further consideration. Mrs. Roma A. Turner, Applicant,accompanied by her husband Mr. Austin Turner appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr, and Mrs. Turner were sworn and the Chairman E.R. Lovekin read in its entirety the following letter from Municipal Planning Consultants Co. Ltd., 400 Mount Pleasant Road, Tbronto, Ontario, dated June 1, 1971 "Re: Application - Roma Turner for Severance of Land Zoned "Highway -Commercial", our file PN3532 - Dear Mr. Lovekin: We have examined our surveys of the land involving the Texaco Service Station on the west side of Highway No. 115, north of the junction with Highway No. 35. The inconsistency between the frontage dimensions given on the zone map and the information you have on the size of the parcel of land is probably due to the lack of information available at the time of the land use survey. The uniform depth dimension used along this length of Highway was adopted for a number of reasons. The dimension of 250 feet was assumed to be sufficient to accommodate all the existing uses and to coincide with the depth of a majority of the land holdings. The adoption of a uniform dimension for the zoning on all the Highway Commercial uses in this location has the advantage of being consistent and, therefore, appearing equitable to all involved. Such a uniform dimension also has the advantage of encouraging the orderly development of land with consistent lot depths. A general policy, used if a municipality wishes to retain control over the extension of an existing use, is to draw zone boundaries closely around the land being used. Extensions of the use which involve more land then require an amendment to the zoning by-law. A rezoning application gives the municipality