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HomeMy WebLinkAbout07/05/1971Page 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. Page 2 Meeting Committee of Adjustment, July 5, 1971L Application File No. 295-71 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Ellsworth Herbert S. Caswell,Owner, R.R. #3, Port Hope, Ontario, for part of Lot 2, Con. 2, Township of Clarke, Submission No. ".B"295-71-239 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. The Secretary -Treasurer presented the following material to the meeting -- 1. Correspondence from W. Kay Lycett B.A., Orono;, Ontario, dated June 24, 1971, the Committee noted the contents thereof; 2.. A certified Plan of Survey, prepared by Merrill D. Brown Limited, Land Surveying and Engineering, 121 Queen Street, Bowmanville, Ontario, dated June 15, 1971, numbered 71049 and annotated "Note:.,this plan revises a plan dated May 3, 1971" As a matter of record the Committee, composed of the Chairman, E.R. Lovekin B.A. LL.B., and member E.F.R. Osborne, attended at the site at 5:30 p.m. on Monday, July 5, 1971. They noted that a small garden was planted in the area of the proposed extension of the lot to be severed, although this garden did not come out to the edge of the road allowance. It was a well kept and excellent garden and fully supported the allegations previously made by Mr. and Mrs. Caswell concerning land use. The Committee again looked at the site from the point of view of whether or not the requirement of 150' frontage would injuriously affect the land from which it was severed. They were unable to see that meeting the requirement of the by-law, which now requires 150' frontage in an agricultural zone, would in any way seriously detract from the value of the land from which it was severed. The remaining frontage was suitably located in relation to the existing buildings on the large parcel to be retained. The house now located on the land being severed is not centrally located on that lot, but this severance is for all time and as a lot is now being legally created, the Committee were of the opinion that the by-law requirements should be met. The Committee: 1. Referred to minutes of meetings April 5, May 10 and May 31, 1971; 2. Recalled their previous inspection of the property on May 6, 1971; 3. Perused and accepted the amended Plan of Survey presented;, and in summary noted: 1. There is adequate evidence to show previous intention to create a lot and a building was legally constructed on the land now being severed;. 2. The building on the lot to be severed was built and occupied by a member of the owner's family on what, for years, had been a "family farm";, Phge 3 Meeting Cokmittee of Adjustment, July 5, 1971:- 3. The lot as it is being created now -meets the frontage and size requirements of lots frequently created in agricultural zones on the basis of "'farmer retaining a lot"'; 4. The Committee also noted that no previous severance has ever been granted to the applicant owners. For the reasons given and on the facts of this particula-Z case,, moved by E.F.R. Osborne and seconded by E.R. Lovekin B.A. LL.B., that the application as amended be granted. Carried. CLASSIFICATION 10 'f -A"' Application File No. 303-71 304-71 305-71 Ann Tryntje Van Dyk Owner, Marten Van Dyk it Ann Tryntje Van Dyk Owner, c/o L.C. Mason C.C., Barrister & Solicitor, Bowmanville, Ontario, Dirk Binnekamp, Applicant, c/o Richman & Berk, Agent, Barristers & Solicitors, 409 Brock St. S., Whitby, Ontario, part of Lot 31, Con 1, Twp Submission No. "A"'303-71-42 Submission No. "!x'304-71-43 Submission No. "A`305-71-44 As business arising from minutes of past meetings these applications were presented for further consideration. it of Clarke, Mr. Dirk BibnekWap,, of the City of Oshawa, Ontario, now the registered owner, appeared in support of these applications. No other person appeared in support of, or in opposition to these applications. The following material was presented to the meeting,. 1. Three duplicate copies of deeds as follows (a) deed dated 29th April Ann Tryntje Van Dyk to Dirk Binnekamp; registered as No. 49313 Registry Division of Durham.West (No. 10) Bowmanville, Ontario, dated May 12, 1971;,, (b) deed dated 29th April Marten Van Dyk;, Elizabeth Van Dyk (third part) to Patricia Jean Binnekamp, registered as No...49314 Registry Division of Durham West (No. 10) Bowmanville, Ontario, dated May 12, 1971; (c) deed dated 29th April Ann Tryntje Van Dyk to Dirk Binnekamp, registered as No. 49315 Registry Division of Durham West (No. 10) Bowmanville, Ontario, dated May 12, 1971; 2.. Correspondence dated June 11, 19`71 from Richman and Berk, Barristers & Solicitors, 'Whitby, Ontario, purported to be signed by one "Alan Berk" as follows:. "'To Whom It May Concerns Please be advised that on or about the 12th day of May, 1971, our clients, J Dirk Binnekamp and Patricia JeanBinnekamp purchased 3 parcels of land being Part of Lot 31, Concession 1. in the Township of Clarke from Marten Van dyk and Anne Tryntje Van dyk.. These properties were purchased by the said Binnekamp couple as trustees for Florian Homes Limited, an Ontario Company, in which the following are the members Page 4 Meeting Committee of Adjustment, July 5, 1971: 2. cont 'd Patricia Jean Binnekamp, as the President, Barbara Lang as the secretary -treasurer, Dirk Binnekamp as the manager, and Mervyn Lang as the Assistant -Manager. Enclosed herewith please find an acknowledgement signed by Mr. Marten Vandyk and Mrs. Anne Tryntje Vandyk allowing Dirk Binnekamp-to act as their agent in any application to the Committee of Adjustment,before the said Binnekamps took actual title to the property. „ "Richman and Berk" Yours very truly, Alan Berk ,3. Acknowledgement signed "M. Van Dyk""AI'Van Dyk" as follows: "To,Committee of Adjustment, Township of Clarke We hereby acknowledge that we gave Dirk Binnekamp authority to act as our,agent in any application to the Committee of Adjust- ment with reference to our holdings on part of Lot 31, Concession 1, Township of Clarke, prior to his purchasing the said property on the 12th day of May 1971." The Committee noted that since these applications were filed, legal title has been passed on and the owners are now Dirk Binnekamp and Patricia Jean Binnekamp. The Committee: 1. Referred to minutes of meetings April 5, May 11, 1971; 2. Recalled their inspection of the properties on May 6, 1971; 3. Perused the Plan of Survey; and were satisfied with the documentary evidence produced as to ownership of these lots. While there are technically three separate applications herein; the facts are identi¢31 and the Committee dealt with all three applications simultaneously. On motion by E.F.R. Osborne and seconded by E.R. Lovekin B.A..LL.B., these applications for reduction of the set back from centre line of Township Road from 93' to 63' were q ranted, subject to the following conditions: 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 C;ertificatecF 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 App. 1 Sec. (q) 10 "A" Page 5 Meeting Committee of Adjustment July 5, 1971: ApplieetItions File No. 313-71 Mrs. B. Napier Owner, Submission No. "B^313-71-235 31.4-71 Mrs. B. Napier Owner, Submission No. "B"314-71-236 315-71 Mr. Ken Smith, Owner, Submission No. "B"315-71.-237 J both of R.R. #2 Orono, Ontario, for part of Lot 31, Con 6, Township of Clarke. As business arising from minutes of meeting May 31, 1971, these applications were brought forward for further consideration. 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. Mr. Ken Smith presented the following material to the meeting: 1. A certified Plan of Survey, prepared by Merrill D. Brown Limited, Land Surveyor and Engineering, 121 Queen Street, Bowmanville, Ontario, dated July 511971 and numbered 71038-A; The Committee: 1. Referred to minutes of meetings May 10 and May 31, 1971; 2. Recalled their inspection of the properties on May 28, 1971; 3. Perused the Plan of Survey presented; Briefly the Committee noted that in point or fact no lot was being created and the sole purpose of these applications was the re -arranging of the boundaries to create lots of uniform dimensions. While there are technically three separate applications herein; the facts are identical and the Committee dealt with all three applications simultaneously and upon review of all the facts concluded that the applicants had complied with the conditions imposed as evidenced in former minutes. Applications granted on motion by Z.F.R. Osborne, seconded by E.R. Lovekin B.A. LL.B. Carried. CLASS IFICATIUN 10 "A" Application File No. 317-71 W. Kay Lycett B.A., Agent, No. 318-71 Barrister & Solicitor, Orono, Ontario, Messrs. Charles & Everett & Walter Stapleton, Owners, R.R. #27 Orono, Ontario, for part of Lot 30, Con. 6, Township of Clarke, Submission No. "B"317-71-240 Submission No. !!A"318-71-41 As business arising from minutes of past meetings, these applications were brought forward for further consideration. Mr. Everett Stapleton, Applicant, accompanied by his agent LJ, Kay Lycett B.A., Barrist(-r & Solicitor, Orono, Ontario, appeared in support of this application. No other person appeared in support of, or in opk;osition to this application. The Committee: 1. Referred to minutes of meetings May 31 and June 7, 1971; Page 6 Meeting Committee of Adjustment July 5, 1971: 2. Recalled their inspecticri of the property on June 7, 1971; 3. Perused the Plan of Survey previously presented and were,of the opinion that in this case a small parcel of land is to be -added to the rear of an existing lot to give an area sufficiently large to meet the requirements of The Director, The Veterans Land Act. To deny this application would be to deny a VeL-eran the chance to build on the lot of his choice. If the application is not granted to enlarge these lots, someone else will build a conventional house on the smaller lot. The Committee could see no reason why they should not facilitate the establishment of VLA land parcels in the Township when all other general conditions have been met. Therefore, Application 317-71 - for severance was granted on motion of E.F.R. Osborne and seconded by E.R. Lovekin B.A. LL.B., Carried. Application 318-71 - an application for minor variance of sideyard requirements from 25' in respect of one side yard on subject lands to be reduced to 24' was granted on motion by E.F.R. Osborne and seconded by E.R. Loveki:i B.A. LL.B., subject to the following conditions: 1. TAK_: WARNING that this decision, for a minor variance of the Clarke Township Committee of Adjustment IS NOT FINAL AND BINDING until the time for appeal by any interested party has lapsed under the terms of The Planning Act of the Province of Ontario. THIS TIME FOR APPEAL IS 14 DAYS FROM THE DATE that the minutes of this decision have been mailed to the Minister of Municipal Affairs of the Province of Ontario. 2. This decision should not be registered on title until the said time for appeal has lapsed when the applicant shall then register on title by way of Deposit a copy of the Form of Consent signed by the concurring members, and shall forthwith thereafter forward to the Secretary ..of the Committee a duplicate Certificate of Deposit or a Notarial copy thereof. 3. AND FURTHER that upon receipt by the Secretary of the aforesaid document, the appropriate administrative officials of the Township of Clarke will be authorized to issue any and all necessary permits or to take any steps necessary to implement this decision. CARRIED. CLASSIFICATION 10 "A" - application 317-71-240 CLASSIFICATION - - - - Appendix 1 (f) - Application 318-71-41 Page 7 Meeting Committee of Adjustment, July 5, 1971: Application File No. 326-71 Oswald D. Sandercock Owner, R.R. #2, Orono, Ontario, Robert Pelletier Agent,- R.R. 42, Oroho, Ontario, for part of Lot 35, Con 6, Township of Clarke, Submission No. "B"326-71-241 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 66' x 75' being approximately 4950 square feet from the applicant's land. W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, on behalf of Mr. Oswald D. Sandercock the applicant appeared in support of this application. No other person appeared in support of, or in opposition to this application. The Secretary reported that 28 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 & Solicitor, Orono, Ontario, dated June 23, 1971; 2. A certified Plan of Survey, prepared by Merrill D. Brown Limited, Land Surveying and Engineering, 121 Queen Street, Bowmanville, Ontario, dated June 1, 1971 #71066; The Committee reviewed the information provided by the Agent's correspondence and noted that, in fact, no new severance was being created. Abutting lands owned by Mr. Sandercock, a farmer, of a large agriculture unit were being added to an existing lot to increase the recreation area in the rear yard of this existing lot. The Committee having recentl-_y visited this area and viewed abutting properties did not think it necessary to again visit this area. Application granted on motion by E.F.R. Osborne and seconded by E.R. Lovekin B.A. LL.B., Carried. CLASSIFICATION 10 "A" Application File N8._327_71 Oswald D. Sandercock Owner, R.R. 42, Orono, Ontario, Mr. Milton Adams, Agent, R.R. 42, Orono, Ontario, for part of Lot 35, Con 61 Township of Clarke, Submission No. "B"327-71-242 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 13?.Il! x 75! being approximately 9908 square feet from the applicant's land. W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, on behalf of Mr. Oswald D. Sandercock the applicant appeared in support of this application. No other person appeared in support of, or in opposition to this application. The S®cretary-Treasurer reported that 28 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Page 8 Meeting Committee of Adjustment, July S, 1971: The folbwing.material was presented to the meeting: 1. Correspondence from W. Kay Lycett B.A.; Barrister & Solicitor, Orono, Ontario, dated June 22, 1971; 2. A certified Plan of Surve_,, prepared by Merrill D. Brown Limited, Land Surveying and Engineering, 121 Queen'Street, Bowmanville, Ontario, dated June'l, 1971, #71066; The Committee reviewed the information provided by the Agent's correspondence that "the purpose for the application and conveyance is to enlarge Mr. Adam's parcel of land" and noted that, in fact, no new severance was being created. Abutting lands owned by Mr. Sandercock, a farmer, of a large agriculture unit were being added to -an existing lot to increase the recreation area in the rear yard of this existing lot. The Committee having recently visited this area and viewed abutting properties did not think it necessary to again visit this area. Application granted on motion by E.F.R. Osborne and seconded by E.R. Lovekin B.A. LL.B., Carried. CLASSIFICATION 10 "A" The Committee having heard all oral representations from .the applicants and their agents, this meeting was adjourned at 11:30 p.m. on motion by E.F.R. Osborne and seconded by E.R. Loveki B.A. LL.B., to be re -convened at 7:30'p.m. the following evening Tuesday, July 6, 1971. Carried. Secretary-Treas rer MEETING IN COMMITTEE The meeting of the Committee of Adjustment re -convened on Tuesday evening at 7:00 p.m. in the Council Chamber, Orono, Ontario, with two members,being the chairman E.R. Lovekin B.A. LL.B., and member E.FmR. Osborne, Mrs. Ellen M. Yeo Secretary -Treasurer in„attendance. Application File No. 276-70 Mr. A.W. Whitmee, Owner, R.R. 42, Newcastle, Ontario, for part of Lot 292 Con 11, Township of Clarke, Submission No.':n'a76-7.-fir As business arising from minutes of meetings November 16 and November 19, 1970, this application was brought forward for further consideration. Mr. A.W. Whitmee the applicant, and his wife appeared in support of this application. Mr. Evangelos Dionyssiou,, 291 Marland Avenue, Apt 4301, Oshawa, Ontario, an abutting owner also appeared. No other person appeared in support of, or in opposition to this application. The Committee,reviewed the material in their previous minutes. The problem herein is that the applicant has an irregular shaped lot because the Bell Tele hone Company own a rectangular piece Of property in the south east corner of the applicant's lot frontage where a building containing automatic equipment is situated. To locate a house at the front of the applicant's lot reduced the side yard requirement below the minimums required in the present by-law.