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HomeMy WebLinkAbout06/07/1971Page 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 Page 2 Meeting Committee of Adjustment June 7, 1971: an opportunity to review such things as ingress and egress, land- scaping, and siting of buildings etc. I hope the above will be of some assistance, Yours very truly, MUNICIPAL PLANNING CONSULTANTS CO. LTD ., (signed) "John Farrow" per Derek J.W. Little. it The Chairman further explained to the applicants that it was desirable that the land adually shown on the Zone Map of the area be con- tiguous with the.land actually used in the service station operation. Mrs. Turner presented the following material to the meeting: 1. The first page of a lease, dated 5th September,1958 between the applicants and the actual operator of the service station;; The Committee perused the referenced material and from the description on that page which had the registered perforation frpm the Registry Office on the side of the page for identification, it was obvious that the lands leased to the operator have 250' frontage by a 150' depth. The lands shown on the Zone Map in the Township by-law have a zoning of 200' frontage and 250' in depth. It is, therefore, apparent that the service station operation is carried on in an area which is not contiguous with the area shown on the zone map. It was suggested to the applicants that it might be wise to cure this discrepancy, but they were of the opinion that the lease, having existdd for some time, namely, since the 5th of September,1958 and its term being 20 years, that they did not wish to a]ter the land description also the lease clearly stated that the land was to be used as an automobile service station only. Following a lengthy discussion the Committee: 1. Referred to meetings of November 16, 1970; December 14, 1970; May 10, 1971; 2. Recalled their inspection of the property on November 19, 1970; 3. Perused the the Plan of Survey presented at. the meeting on November 16, 1970; and concluded as follows: 1. Mr. Turner had for many years been a bona fide farmer; 2. On or about September 5, 1958, before any land use by-laws had been instituted in Clarke Township, part of his farm had been leased for the operation of a Service Station; 3. This application to sever such a commercial usage from the remainder of the farm, which was apparently to be kept as an agricultural use, appeared to be a reasonable one 4. The only reason for the careful consideration of the application was the unfortunate situation wherein the lands,leased for the service station to the operator, who had been operating this station since its inception, were not contiguous with the land as shown in the Township Land -Use By -Law; S. The applicants having shown resistance to altering their application to suit the area actually zoned, the Committee were of the opinion that the land as occupied should be permitted to be severed from the agricultural lands and that the necessary reification in the by-law could be made at some future date, if that was deemedadvisable by the Planning Board or the Municipal Authorities. Application granted on motion by E.F.R. Osborne, seconded by K.Schoenmaker carried. CLASSIFICATION "Q" - Sec.7 H.C. . . . . . . . Page 3 Meeting Committee of Adjustment, June 7, 1971 Application File No. 319-71 Douglas W. Gibson Owners, File No. 320-71 Barbara C. Gibson Box 253, Orono, Ontario, for part of Lot 29, Con.4, Township of Clarke, Submission No. Submission No. A 3�­77 Application was made for exemption or partial exemption 1 from provisions of sub -division control by-law No. 1592 and J amendments thereto permit the separation of a parcel of land approximately 122-4' x 132' being approximately 16,430 square feet from the applicant's lands in the Village of Orono, Ontario; and an application to permit a minor variance on the same property to be determined by the Committee of Adjustment, during the process- ing of the applications. Mr. Douglas W. Gibson, the applicant appeared in support of this application. Mr. & Mrs. L. Adegeest, Orono, Ontario, also appeared. No other person appeared in support of, or in opposition to this application. The Secretary reported that 24 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. The Secretary -Treasurer presented the following material to the meeting: 1. Plan of Survey prepared by M.D. Brown OLS., 1106 Bowmanville, Ontario, dated October 8, 1969 and numbered 69143; Mr. Douglas W. Gibson was sworn and he submitted the following facts: 1. The parcel of land, outlined in "black" on the Plan of Survey was purchased as one unit, on which are situate two houses. The house to the north is where he lives and was built approximately 30 years ago; the house to the south is comparatively new, being built in 1967 and is occupied by a tenant, one Douglas Henson. 2. The property was purchased on or about July 1970 and he proposes to divide the property as shown pencilled on the Plan of Survey, each lot having a dwelling house thereon; 3. With regard to to septic tanks, because of the topography of the land he had installed them himself and found it necessary to locate the weeping tile pertaining to the south lot on to the land now comprising the north lot. Mr. K. Schoenmaker, one of the members, stated that he was familiar with the area and indicated to the Committee and those in attendance that the topography of the land is such that there is a very steep bank on the property which is shown on part of the Plan of Survey. The result of this topography is that while there is a frontage on public roads, convenient access has had to be made on the east side of the property. Mr. Horace R. Best, building inspector, was requested to look at the survey and upon perusal of same Mr. Best retommended that the first consideration would be to establish the frontage of these proposed lots, after which the minor variance of these lots could be established. Upon further perusal of the Plan of Survey the Committee determined that the frontage of the lot to the north would be on to a travelled road to the west and the frontage of the lot to the south would on to a forced road to the south. Mr. Gibson retired to the office of the Building Inspector to check the`side yard and rear yard requirements as they will appear on the proposed Plan of Survey. Page 4 Meeting Committee of Adjustment, June 7, 1971: Mr. & Mrs. L. Adegeest were sworn and submitted the following: 1. They were concerned as to whether or not this application would affect their title to their land and whether or not there would be anything done to the top of the hill which might cause lands to slide down the hill on to their property. The Committee explained that the division of the land by the applicant should have no effect on the title to their property and that its permission, if given, was in no way a license or permit to commence or continue construction or to alter the topography of the land. Mr. Gibson then returned to the meeting and presented the minor variance application for relief from Appendix 2,, (e) in an "R1" zone as follows: Application 319-71 - subject land (south lot) from the required rear yard of 35' to the existing rear yard of 14' 1" Application 320-71 - in respect of the remaining parcel of land (north lot) from the required rear yard of 35' to the existing rear yard of 23' said application for minor variance initialled by Mr. Gibson as "D.G.". Mr. Horace Best, building inspector, further stated thatthe house constructed in 1967 on the subject land (south lot) was duly constructed with the full knowledge and consent of the Municipal Authorities and conformed with the by-laws as they then existed. The Committee indicated to the applicant they they would inspect the property and these applications were adjourned awaiting their report. CLASSIFICATION ZONED "R1" Appendix 2 (e) Application File No. 321=71 W.G. and M.J.Barraball,Owners, Church Street, Orono, Ontario, for part of Lot 29, Con 6, Township of Clarke, Submission No. 'A"3 '3i -))' K 7 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 93' Appendix 1, g for a setback of 58' to allow the construction of a house on the subject lands. The Secretary reported that 12 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. W.G. Barraball, the applicant, appeared in support of this application. No other person appeared in support of, or in opposition to this application. 11 Mr. Barraball was sworn and submitted the following material to the meeting: 1. Schedule "1" - a photostat copy of a Plan of Survey prepared by-M.D. Brown OLS, dated September 14, 1965, with legal description attached thereto;, 2. Schedule 112" - on which was shown how his house could be legally located on the lot (which it is noted is a corner lot); Page 5 Meeting Committee of Adjustment, June 7, 1971: 3. Schedule "3" - on which was shown how"Mr. Barraball wishes to„locate the house which is facing north instead of east. The reason for this re -orientation of the house on the lot was because of the site lines available for the frontage of the house when it was facing north. Mr. Barraball also stated that the fall away from the house was to the south and to the west and that this re -orientation would be of some assistance in drainage. The rear of the house is placed to have a walk out basement and the topography lends itself to such style of basement when the house is located on the lot in the manner suggested. Mr. Barraballs statements were supported by the architect's drawings and suggested Plot Plan on Schedule "3". Mr. Barraball further informed the Committee that he had discussed with Mr. Ross the Road Superintendent and that the road plans in the immediate area to the East of the proposed dwelling would .e rA.have the effect of taking the travelledr6f the road farther away from the house rather than closer. ft"" Adjourned for inspection. APPEND. 11'G"101'A" Application ile o. 22-71 W.S. Brandt, Owner, Leskard, Ontario, for part of Lots 31 & 32, Con. 7, Township of Clarke, Submission Application was made for exemption or partial exemption from provision of sub -division control by-law No. 1592 and amendments thereto to permit the separation of a parcel of land approximately 250' x 260' being approximately 65,000 square feet in area from the applicant's land. Mr. & Mrs. W.S. Brandt, applicants, appeared in support of this application. No other person appeared in support of, or in opposition to this application. The Secretary reported that 14 notices of the said hearing had been mailed in acco'rd'ance with Item 4 of The Rules of Procedure. The Secretary -Treasurer presented the following material to the meeting: 1. A pen sketch of the subject land; Mr. and Mrs. Brandtwere sworn and submitted the following facts: 1. This property was purchased in or about July, 1956 and is composed of approximately 2.83 acres; 2. He proposes to sever a portion of the land to the east which is divided by a row of spruce and scotch pine trees approximately 15' to 18' high. 3. The house he occupies with his wife and family faces to the west and fronts on the Leskard Road; and he would be retaining approximately 1 acre of land which is sufficient. The row of trees was donsidered to be natural line of division. 4. The land beyond the trees and the subject of this application is sandy loam and on top of a gentle knoll. No buildings are on the portion to be severed. The Committee referred to the zoning map of the by-law and apparently part of Mr. Brandt's land is zoned "RR” and the balance is zoned "Agriculture". The Committee indicated that they would inspect the property and this application was adjourned awaiting" their. report. CLASSIFICATION "RR" and "10 All Page 6 Meeting Committee of Adjustment June 7, 1971: Application File No. 323-71 Everett G. and Charles E. Stapleton R.R. #2 Orono, Ontario, W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario. Application was made for exemption or partial exemption from provisions of sub -division control by-law No . 1592 and amendments thereto to permit the separation of a parcel of land approximately 550' x 1320' being approximately 20 acres more or less from the applicants, land. Owners, Agent, Messrs. EverettG. and Charles E. Stapleton, Applicants, accompanied by their agent W. K ay 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. The Secretary reported that 24 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. The Secretary -Treasurer presented the following material to the meeting: 1. Correspondence from W. Kay Lycett B.A., Barrister and Solicitor, Orono, Ontario, dated May 26, 1971 setting out the following facts: "Everett G. Stapleton intends to retire from the farming._business for health reasons and, therefore, with his brother intends to dispose of their farm holdings and retain the dwelling house" "the parcel in question is to be severed from a total area of approximately 100 acres more or less and the remaining parcel they will seek to dispose of by sale at a later date." Messrs. Everett G. and Charles E. Stapleton were sworn and submitted the following facts: 1. They have been in partnership for some years; 2. The ownership is not changing; 3. Everett Stapleton suffered a heart attack on August 19, 1970 and thisNakes it necessary for him to retire from the farming operation; although ` he is anxious to remain in his own farm residence which he has occupied for some 27 years^, The agent, W. Kay Lycett B.A., in reply to a question from the Committee stated that the property is held jointly in partnership by the two brothers Everett and Charles who are joint applicants in this application. This application adjourned to enable the Committee to inspect the property. CLASSIFICATION "A" Application File No. 317-71 File No. 318-71 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Messrs. Charles &• Everett Owners, & Walter Stapleton R.R. #2 Orono Ontario, for part of Lot -30, -Con 6, Township of Clarke, Submission No."B"317-71-239 Submission No. "A"318-71-41 As business arising from minutes of May 31, 19712 these applications were presented for further consideration. Page 7 Meeting Committee of adjustment, June 7, 1971:, Messrs. Charles ,& Everett Stapleton, applicants, accompanied by their agent W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario appeared in support,of these applications. No other person appeaFed in support of, or in opposition to these applications. As a matter of record the whole Committee inspected this property on Monday night, June 7, 1971 at 6:30 p.m. Mr. Lloyd Bradley and Mr. Jack Beittle, abutting owners, were working in their gardens and a general discussion regarding the land use of the immediate area ensued. Mr. Bradley and Mr. Beittle pointed out, in their opinion, the present lots have insufficient frontage and,are inordinately deep. They suggested that the abutting lots should have greater frontage. The Committee endeavored to explain that they were a Committee of Adjustment and not a Planning Board and they must confine their deliberations Lo the point in issue and to matters properly to be considered by a Committee of Adjustment. Following further discussion with the applicants and their agent, the Committee intimated that they would give these applications their further consideration and adjourned the matter until the next meeting to be held on July 5, 1971. CLASSIFICATION 10 "A" General Business Following a discussion with regard to the salary of the Secretary -Treasurer, the Committee were of the opinion that her hourly rate should be increased 5% to conform with the salaries paid to the general office staff. Moved by E. Richard Lovekin and seconded by K. Schoenmaker that Mrs. Ellen M. Yeo's hourly rate be increased to $3.15 per hour, commencing January 1, 1971. Carried. The Secretary presented the following material to the meeting: Ontario Planning Newsletter, March 1971 from Department of Municipal Affairs, dealing with the 1970 "Planning Staff Conference." This being all the business at this tin 11:30 P.M. C' .C..�F z Secretary MEETING of the COMMITTEE OF ADJUSTMENT Monday, July 5, 1971 at 7x.00 p.m. Council Chamber, Orono, Ontario. The Chairman reported that Mr. K. Schoenmaker, one of the members, was unable to attend this meeting, due toochange in shift at his place of employment. As two members constitute a quorum it was decided to hold the meeting as scheduled to deal with the matters on the agenda. The minutes of meeting held on June 7, 1971 wereapproved on motion by E.F.R. Osborne, seconded by E.R. Lovekin B.A. LL.B., Carried.