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HomeMy WebLinkAbout10/13/1971MEETING of the COMMITTEE OF ADJUSTMENT Wednesday, October 13, 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, Mrs. Ellen M. Yeo, Secretary -Treasurer. The minutes of meeting held on September 15, 1971 were approved on motion by K. Schoenmaker and seconded by E.F.R. Osborne. Carried. Application File No. 319-71 Application File No. 320-71 0 Douglas W. Gibson Owners, Barbara C. Gibson Box 253, Orono, Ontario, for part of Lot 29, Con.4, Township of Clarke, Submission No. "B"319-71-250 Submission No. "A"320-71-55 As business arising from minutes of former minutes these applications were brought forward for further consideration. No person appeared in support of, or in opposition to these applications. The Secretary -Treasurer presented the following material to the meetings 1. A Certified Plan of Survey, #69143, prepared by M.D. Brown OLS, 1106 dated October 8, 1969 and annotated "additions September 30, 1971" The Committee perused the Plan of Survey and noted that the property had been divided into two lots, each lot retaining an existing dwelling. Following further discussion the Committee: 1. Referred to minutes of former meetings;. 2. Recalled their inspection of the property on Monday July 5, 1971; 3. Accepted the Plan of Survey presented as requested by them at their meeting on July 12, 1971 and were of the opinion that the Applicant had complied with the conditions imposed as evidenced in former minutes. Application granted for a severance of 0.377 acres on motion by E.F.R. Osborne and seconded by E.R. Lovekin. Carried. Applications for minor variances granted on motion by E.F.R. Osborne and seconded by E.R. Lovekin as follows A ion 4320-71 MhiRelief from the required rear yard of 35' to the existing rear yard of 1411" in respect of the subject land ("B"319-71-250) (b)Relief from the required rear yard of 35' to the existing rear yard of 23' in respect of the remaining parcel of land ("A"320-71-55) subject to the following conditions: 1. TAKE WARNING that this decision, for minor variances 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; Page 2 Meeting Committee of Adjustment, October 13, 1971: 2.a This decision should not be registered on title until the said time for appeal has lapsed when the applicant shall then register on title by way of Deposit a copy of the Form of Consent signed by the concurring members, and shall forthwith thereafter forward to the -Secretary of the Committee a duplicate Certificate of.Deposit or a Notarial copy thereof; 3. AND FURTHER that upon receipt by the Secretary of the aforesaid document, the appropriate administrative officials of the Township of Clarke will be authorized to issue any and all necessary permits or to take any steps necessary to implement this decision. CARRIED. CLASSIFICATION Zoned "R1" Appendix(2e) Application File No. 340-71 No., 341-71 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Jan Ochonski, Owner, R.R. #2, Orono, Ontario, for part of Lot 22, Con 1, Submission No.A340-71-56 Submission No.A341-71-57 As business arising from minutes of meeting September 15, 19719 these applications were presented for further consideration. Mr. Jan Ochonski, the applicant, accompanied by his agent, W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, appeared in support of these applications. No other person appeared in support of, or in opposition to these applications. As a matter of record the Committee inspected these properties on Tuesday, October 12,'1971. The Committee perused the Plan of Survey and discussed with Mr. Ochonski the proposed ditch diversion to handle the water run off and in view of the specific recommendation of the Ganaraska Region Conservation Authority under date of August 18, 1971 these applications were granted on motion by Mr. K. Schoenmaker and seconded by E.F.R. Osborne as follows: Application 340-71 - reduction from required 100' from a watercourse to 35' Application 341-71 - reduction from required 100' from a watercourse to 81' subject to the following 6onditions« 1. TAKE WARNING that this decision, for minor variances 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 j then register on title by way of Deposit a copy of the J 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. dLASSIFICATION 10 "A" Sec 3.8 Page 3 Meeting Committee of Adjustment, October 13, 1971:, Application 350-71 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Zella Graham, Owner, R.R. N. Orono, Ontario, for part of Lot 22, Con 7, Township of Clarke, Submission No. "A"350-71-58 Application was made for exemption or partial exemption from provisions of sub -division control by-law 1592 with amendments thereto for permission to allow the continu ance of the use of a dwelling house as a double house under section 12, amending by-law 1653. The Secretary reported that 18 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, Orono, Ontario, as agent, the applicant Zella Graham and her husband, R.R. N., Orono, Ontario, appeared in support of this application. -No other person appeared in support of, or in opposition to this application. The Secretary -Treasurer presented the following material to the meeting: 1. Correspondence from W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated September 24, 1971. "As you are probably aware these lands and adjacent lands were the subject of a prior application for severance when Mr. William E. Reid acquired by conveyance the farm lands owned by .Mr. Graham. Evidence .will show that,the dwelling house in question, which exists on this land, was constructed more than eighty (80) years ago with separate entrances to each dwelling unit and although the house has not been used as such continually during the period and was not so used on the day of the passing of the two zoning by-laws of the Township of Clarke. The character of the construction of the said building has not changed in that period and is essentially a double house and always has been such. Mrs. Graham, at the present time, wishes to re-establish the use of the said structure as a double house in accordance with the structure of the same and in view of the circumstances outlined herein and by reason of the provisions of the two zoning by-laws, she is pro- hibited from using the same accordingly unless application is made to your Committee and relief given under sections of the Planning Act allowing such use notwithstanding. This application is, therefore, being wade forsuch permission." 2. Photostat copy of a Plan of Survey prepared by M.D. Brown OLS., Bowmanville, Ontario, dated June 5, 1967 #67040; 3. Correspondence from Brookdale-Kingsway Ltd., Nurserymen 145 Duke Street, Bowmanville, Ontario, dated October 4, 1971 stating "we have no objection to this application" signed "Knox M, Henry, General Manager." 4. Copy of correspondence addressed to Mr, and Mrs. Fred Graham, R.R. 1 Orono, Ontario, dated September 9, 1971, signed "Horace R. Best" Building Inspector, Zoning Administrator. Page 4 Meeting Committee of Adjustment, October 13, 1971:. As a matter of record the Committee inspected this property ,on Tuesday..October 12, 1971 and noted that the dwelling thereon was.a large old fashioned frame farm house. For the past few years the building had been occupied as a single dwelling by ,Mr. and Mrs. fired Graham. The Committee noted that this was a double house with separate entrances. Mrs. Graham, under oath, stated that to the best of her knowledge. her first husband Clarence Little's parents came to live in the house while one Robbie Smith lived in it and at that time the house was enlarged so that Mr. Smith could reside in the front portion and the Little's in the rear. The applicant, formally Miss Brown married Mr..Little and came to live in the house with his parents living in one part of the house and she and her husband occupied the other part of the house. Mr. Little died and the applicant married her present husband, Fred Graham, and her former in-laws remained in part of the house and she and Mr. Graham took up occupancy in the other part of the house. The Committee:: 1. Perused the Plan of Survey presented; 2. Reviewed the facts as stated by Mr. Lycett in his correspondence; 3. Referred to their inspection of the property and were of the opihion that the applicant's sworn evidence from her own personal knowledge clearly establishes a pattern of double occupancy and on the facts of this particular case the plumbing and electrical work to be done in the house is merely an improvement of a previous use and should be permitted. Application, for permission to allow the continuance of the use of a dwelling house as a double house granted on motion by K. Schoenmaker and seconded by E.R. Lovekin on the following conditionst 1. TAKE WARNING that, this decision, for a minor variance of the Clarke Township Committee of .Adjustment IS NOT FINAL AND BINDING until the time for appeal by any interested party has lapsed under the terms of The Planning Act of the Province of Ontario. THIS TIME FOR APPEAL is 14 DAYS FROM THE DATE that the minutes of this decision have been mailed to the Minister of Municipal Affairs of the Province of Ontario; 2. This decision should not be registered on title until the said time for appeal has lapsed when the applicant shall then register on title by way of Deposit a copy of the Form of Consent signed by the concurring members, and shall forthwith thereafter forward to the Secretary of the Committee a duplicate Certificate of Deposit or a Notarial copy thereof; 3. AND FURTHER that upon receipt by the Secretary of the aforesaid document, the appropriate administrative officials of the Township of Clarke will be authorised to issue any and all necessary permits or to take any steps necessary to implement this decision. CARRIED. CLASSIFICATION Sec. 12 Zoned 10 "A" 0 0 0 Page 5 Meeting Committee of Adjustment, October 13, 1971: Application File 343-71 Mr. G. Hickey, Agent, 231 College Ave. Oshawa, Ontario, Foley Plumbing Ltd., Owner, 319 College St. Oshawa, Ontario, for part of Lot 24, Con 1, Township of Clarke, Submission No. "A"343-71-59 As business arising from minutes of meeting September 15, 1971, 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 Committee inspected this property on Tuesday, October 12, 1971, accompanied by Mr. Thomas McKnight an abutting owner of lands to the south of the subject land, who indicated the boundaries of the subject land. The land appeared high and dry and would generally be suitable for a building site. It was also noted that a soil test excavation approximately 41long, 2' wide and 5' deep had been made to determine the type of subsoil. The subject land is located on a dead end road with no through traffic and although Highway #401 is to the south and the C.P.R. Railway to the East making a high noise factor, the land was completely suitable, otherwise, for the construction of a building. The minor variance requested was truly minor in character as there was adequate open space in the area and the railway right-of-way to the east eliminates any additional residential construction close to the proposed dwelling to be erected on this lot. Mr. McKnight's dwelling on the abutting lot to the south is a considerable distance from the boundary line between the two properties giving adequate side yard requirements for any dwelling constructed in the area. The Secretary -Treasurer' presented the following material to the meeting:. 1. Correspondence from J. Foley Plumbing and Heating Limited, 319 College_Avenue, Oshawa, Ontario, dated October 13, 1971 verifying their authorization that Mr. G. Hickey act as their agent re this application. The Committee referred to their minutes of meeting September 159 1971"and noted that the reduction from 35' to 27.5' in rear yard will affect only one corner, of the building. Application for the requested reduction in rear yard granted on motion by K. Schoenmaker and seconded by E.R. Love�cin, 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; Page 6 Meeting Committee of Adjustment, October 13, 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 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" Append 1 (e) Application File No. 344-71 Ivan St. Clair Sequeira, Agent, Barrister & Solicitor, 140 Sevtnth Street, Toronto 510, Ontario, Margaret Duke Estate, Owner, Executrix - Gloria Leitch for part of Lot 9, Con 1, Township of Clarke, Submission No. "B"344-71-251 As business arising from minutes of September 15, 19719 this application was presented for further consideratioh.- No person appeared in support of, or in opposition to this application. As a matter of record the Committee inspected this property on Tuesday, October 12, 1971 and noted that it would be impossible to gain entrance to the property from Kings Highway #2 because of the steep bank, which fact is not shown clearly on the Plan of Survey. The Secretary -Treasurer presented the following material to the meeting: 1. Correspondence from M.D. Brown, P.Eng., OLS., Bowmanville, Ontario, dated September 29, 1971, as follows: "I have been informed by Mr. Sequeira that he wishes no change in the proposed lot lines shown on my plan of survey attached to the application, It is realized by my client that if consent to this application is granted, applications for minor variance will be required for building permits on the westerly two lots only, while the easterly parcel is intended to meld with the property designated as Instrument No. N36362 on my plan of survey No. 71122" sgd. "M.D.Brown" Following further discussion, the Committee concluded that the application for severance of the centre lot having an area of 0.92 acres be granted on motion by K. Schoenmaker and seconded by E.R. Lovekin, subj-ect to the following conditions:." 1. Entrance to these properties shall be from the road allowance between Concession 1 and 2. Township of Clarke - (a) the first lot -travelling from West to East, which is the first lot east of the Lakeview Cemetery, entrance should be on the west side of the lot so -that one can see it before dropping over the brow of the hill (area 0.96 acres, 122.00' frontage) (b) the second lot- entrance should be on the east side of the lot so that when travelling over the hill there is a clear line of vision, before coming to . . . . the driveway (area 0.92 acres, 122.001, centre lot). J Page 7 Meeting Committee of Adjustment, October 13, 1971: (c) the third lot - entrance could be anywhere since it is well down the hill where the line of vision is satisfactory. CARRIED. CLASSIFICATION "RR" Application File No. 345-71 Mr. Robert Moffat, Owner, Box 379 Orono, Ontario, for part of Lot 26, Con 6, Township of Clarke, Submission No. "B"345-71-252 As business arising from minutes of September 15, 1971, this application was presented for further consideration. No person appeared -in support of, or, in opposition to this application. _w As a matter of record the Committee inspected this property on Tuesday, October 12, 1971 and noted the following facts:. 1. The lots on either side of this particular piece of property are identical in size and both have single family dwellings built thereon; 2. It is quite apparent that the intent to sever this lot pre -dates the present by-law by a number of years. The owner, through over -sight had not transferred this lot to individual ownership. The reason he must now apply is that his farm abutts on the north side of the property in question; 3. The location of the lot would make it impossible for it to be for any use whatsoever other than as a lot in an infilling operation; Following further discussion the Committee concluded that because of the character of the area this was indeed a clear case of an infilling operation and this application was granted on motion by E.F.R. Osborne, seconded by K. Schoenmaker. Carried. CLASSIFICATION 10 "A" 3.15 Application File No.�346-71 Merrill D. Brown OLS., Agent, Frank E. Sutton, Owner, R.R. #29 Oshawa, Ontario, for part of Lot 30, Con 4, Township of Clarke, Submission No. "A"346-71-60 As business arising from minutes of meeting -September 15, 1971 this application was brought forward for further consideration. Mr. Rowland Spencer, 137 King Street E. Bowmanville, Ontario, appeared in support of this application. No other person appeared in support of, or in opposition to this application. As" a' mat'te'r of record the Committee inspected this property on Tuesday, October 12, 1971 and noted thata drainage ditch had been dug along the easterly side of the subject land. The Secretary -Treasurer presented the following material to -the meeting:. 1. Photostat copy of correspondence from Ganaraska Region Conservation Authority, Oshawa, Ontario, dated August 18, 1971 and addressed to Mr. Horace R. Best, Township of Clarke Planning Board - "Re Drainage South-West Corner Lot 301 Concession 1V, Township of Clarke, Refer to Merrill D. Brown Plan 71098 dated July 23, 1971 . . . 0 0 0 0 0 Page 8 Meeting Committee of Adjustment, October 13, 1971: "With reference to your request for comments on the above, this is to advise that we have inspected the subject site. There is a drainage ditch carrying the surface runoff of adjacent farm land running in a southerly direction through the lots shown on the abovp- noted plan. In order to permit development on these lots, the ditch could be diverted as shown on the plan. However, we would recommend that the banks of the ditch be no steeper than 2:1 (2 ft. horizontal to 1 ft. vertical) and sodded throughout its length as soon as grading of the ditch has been cpmpleted. Yours very truly (sgd."W.B.White" Resources Manager, The Committee noted the contents of the aforesaid correspondence; referred to the Plan of the Watercourse prepared by M.D. Brown OLS., dated July 232;19711 Revisions Aug 24, 1971, #71098. Application for a minor variance from Sec. 3.8 of amending by-law 1653 granted on motion by K. Schoenmaker and seconded by E.R. Lovekin subject to the following conditions:. 1. That the Application Form be completed by M.D. Brown OLS., and initialled, stating the number of feet from the watercourse for the location of the proposed dwelling;, 2* that the conditions stated in the letter from the Ganaraska Region Conservation Authority dated August 18, 1971 be met; 3. 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; 4. 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•thereaf'ter forward to the Secretary of the Committee a duplicate Certificate of Deposit or a Notarial copy thereof;, 5. 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 necesgary to implement this decision. CARRIED. CLASSIFICATION 10 "A" sec. 3.8 . . . . . . . . . . J Page 9 Meeting Committee of Adjustment, October 13, 1971, Application File No. 347-71 Merrill D. Brown OLS.-, Agent, Dennis Mackey, Owner, 348 French St. Oshawa, Ontario, for part of Lot 30, Con 4,' Township of Clarke, Submission No. "A"347-7161 As business arising from minutes of meeting September 15, 1971 this application was brought forward for further consideration. Mr. Rowland Spencer, 137 King Street E., Bowmanville, Ontario 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 Committee inspected this property on Tuesday, October 12, 1971 and noted the pile of earth and orientated ourselves on the pile of earth. It was noticed that a drainage ditch had been dug along the easterly side of the property running southerly but had not been brought out to the side road on the west. c Mr. Spencer explained that the plans have been revised and it is proposed to -alter the proposed ditch diversion at the inter- section of the natural drainage ditch so that the run off will flow south in the existing ditch, instead of flowing west. This existing ditch runs in a south westerly direction across the abutt- ing lot to the south which will be kept asgreehbelt only and no application to build a house would be,made on that part of,Lot 30, being the part surrounding the excavated material shown on the Plan of Survey prepared by M.D. Brown OLS, dated July 23, 19719#71098. The Committee referred to correspondence from Ganaraska Region Conservation Authority, Oshawa, Ontario, dated August 18, 1971 and address to Mr. Horace R. Best, Township of Clarke - Planning Board - "Re Drainage South-West Corner Lot 30, Concession 1V, Township of Clarke, Refer to Merrill D. Brown Plan 71098 dated July 23, 1971 "With reference to your request for comments on the above, this is to advise that we have inspected the subject site. There is a drainage ditch carrying the surface runoff of adjacent farm land running in a southerly direction through the lots shown on the above noted plan. In order to permit development on these lots, the ditch could be diverted as shown on the plan. However, we would recommend that the banks of the ditch be no steeper than 2:1 (2ft. horizontal to 1 ft. vertical) and sodded throughout its length as soon as grading of the ditch has been completed. Yours very truly "sgd. "W.B.White") Resources Manager. Application for a minor variance from Sec. 3.8 of amending by-law 1653 granted on motion by K. Schoenmaker and seconded by E.R. Lovekin subject to the following conditions:. 1. .That the Application Form be completed by M.D. Brown OLS., and initialled, stating the number of feet from the watercourse for the location of the proposed dwelling; 2. That the conditions stated in the letter from the Ganaraska Region Conservation Authority dated August 18, 1971 be met; -3 'TAXI; 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-1unicipal Affairs of the Province of Ontario; Page 10 Meeting Committee of Adjustment, October 13, 1971: 4•, This decision should not be registered on title until the skid 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; 5. 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" sec. 3.8 Application File No. 332-71 W. Kay Lycett B,A., Agent, Barrister & Solicitor, Orono, Ontario, Boyd Stanley Harris, Owner, Newtonville, Ontario, for part of Lot 6, Con 2, Township of Clarke, Submission No. As husiness arising from former meetings, this application was brought forward for further consideration. Mr. Boyd Stanley Harris, applicant, accompanied by his agent W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, appeared in support of this application. No other person appeared in support of, or in opposition to this application. Following discussion with the applicant Mr. Harris and his agent W. Kay Lycett, B•A,, the Committee stated, in their opinion the applicant's land might well be considered to be within the boundaries presently proposed or proposed for the immediate future in the Hamlet of Newtonville, or that he might possibly be in a suitable area for estate residential development. The Committee, therefore, suggest that it would be advisable for the applicant to await forthcoming public hearings on the Official Plan for the area and to make his representations follow- ing the presentation of the Official Plan to the general public. If, however, the applicant wishes an immediate decision, he should so instruct his.agent and the Committee will render a decision in the matter. .The Committee thanked the agent, W. Kay Lycett B.A., for his most able presentation of the argument that the applicant might fall within the category of a "farmer retaining a lot" The Secretary was instructed to send a copy of this interim decision to Mr. Lycett and this application was adjourned. CLASSIFICATION 10 "A" i J J Page 11 Meeting Committee of Adjustment, October 13, 1971:. Application File No. 334-71 Joseph George Stephenson, Owner, R.R. #2 Newcastle, Ontario, Messrs.'Barber and Kelly, Agents, Barristers & Solicitors, 28 King Street W. Bowmanville, Ont. for part of Lot 23, Con 1, Township of Clarke, Submission No. As business arising from minutes of meeting September 15, 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 Committee inspected this property on Tuesday, October 12, 1971 and noted the following facts: 1. This lot is situate East of the Village of Newcastle, Ontario and fronts on Highway #2; 2. ` The bottom of the ravine and the creek bed were quite dry, in spite of the fact"that there had been considerable rain during the last few days; 3. The Committee were concerned, however, as to the method of access tb any building constructed on the lot, as the Valley running parallel to Highway #2 Highway was very deep. The Secfetary-Treasurer presented the following material to the meeting: 1. Correspondence from Horace R. Best, Zoning Administrator, dated October 12, 1971, advising that this application was tabled by the Clarke Planning Board at their regular monthly meeting on September 16, 1971, pending receipt of an approval from the Haliburton, Kawartha, Pine Ridge District Health'Unit for the installation of a private sewage disposal system on the subject land; 2. Photostat copy of a report to the Clarke Planning Board from Municipal Planning Consultants Co. Ltd. dated August 31, 1971 regarding this application as follows:"From a planning point of view, this application for rezoning, which would permit the erection of a single-family dwelling, is badly located. This application is away from community facilities, and extensive development of this type is ex- pensive to the Municipality. The other point is that the site faces a major road, a number of similar applications receiving approval along this road would"inhibit the function of1the road for transporting through traffic and would also retult in a reduction of the speed limit." "Replies indicate that the various agencies so far contacted have no objection. However, if this application is considered for approval, a favourable reply from the Health Unit would also be necessary." "In our opinion,._the location of this development is not good and the application for rezoning should be refused." 3. Photostat copy of Lot Inspection Application, Haliburton Kawartha, Pine Ridge District Health Unit, Cobourg, Ontario, signed by "R. MacNaull" with the only comment "approved." 4. Correspondence from Department of Transportation and Communications, Environmental &Operational Planning Branch, Downsview, Ontario, dated October 12, 1971 "As you are aware from previous correspondence this Department does not favour development by land separation requiring its own individual direct access to the adjacent highway system.' We suggest instead that consideration be given to requiring this owner to develop his lands by Registered Plan of Subdivision and serviced by a proper internal street system." Page 12 Meeting Committee of Adjustment, October 13, 1971:. The`Committee noted the remarks contained in the referenced report in regard to the lot being adjacent to major road. With reference to the statement that the applicant's land is far away from community facilities the Committee noted that the top of the hill to the East, approximately h mile away is being fully developed on 100' lota and that the growth trend at the East end of Newcastle is quite heavy and that this land lays between the Village proper and the site where extensive development is going on, so that 1 in the foreseeable future it might quite conveivably be serviced. J Therefore, the remarks of the Consultants do not appear relevant. The Planning Board has tabled the matter for further consideration, however, and no decision of the Committee will be taken until they have had the opportunity of seeing the final disposition of the matter by the Planning Board. CLASSIFICATION 10 "A" Application File No, 336-71 A. Sidney Hallowell, Owner, R.R. #19 Orono, Ontario, B.M. Kortekaas, Agent, 9 George St. Brooklin, Ontario, for part of Lot 13, Con 4, Township of Clarke, Submission NO.'ri 2,4 -moi- a s-6 As business arising from minutes of September 15, 1971 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 Committee inspected this property on Tuesday, October 12, 1971 and noted that this property is quite scenic, partly bush and the creek runs across the property. This particular acreage is not good farmland. The entrance to the property would be from the 5th Concession. The road allowance to the east of the property is closed to the north, but is open at the south end. The Secretary was instructed to submit a certified Plan of Survey, Surveyor and this application was material, CLASSIFICATION 10 "A" Application File No. 342-71 request the applicant to prepared by an Ontario'Land adjourned awaiting the requested Mr. Gerald A. Wanless, Owner, R.R. #1 Orono, Ontario, (84 Chestnut Park Road,) Toronto, Ontario, for part of Lot 19, Con 5, Township of Clarke, Submission Nd.'A 3 Fass As business arisingfrom minutes of September 15, 1971, this application was brought forward for further consideration. No person appeared in support of, or in opposition to this applicatidn4 As a matter of record the Committee inspected this property on Tuesday, October 12, 1971. This application arises from the fact that a viable farm must now comprise approximately 600 acres. The applicant has purchased three, 200 acre properties and finds these buildings surplus to requirements. The buildings are obviously deteriorating because of non occupancy. ,The barn is seriously deteriorating with the barn doors missing,or open and the house had several window panes broken With the winter weather coming on, the snow Page 13, Meeting Committee of Adjustment, October 13, 1971: and rain would blow in on the floors and cause considerable damage, although, as of yet, no extensive damage had been caused. The Committee did notice, however, that the corners of the building were sagging and cracking and the house should be occupied and brought up to standards to prevent serious deterioration. The line of division proposed in the sketch submitted by the applicant appeared to be a reasonable line of division, in that it was all the land between a swampy area and an existing Town- ship road, leaving the arable land remaining with the owner. The property is bounded on the east side by the Township road and on the west side by low lying swale, on the far side of which, was good arable farm land and the proposed severance follows this natural line of division. The Secretary was instructed to request the applicant to submit a certified Plan of Survey, prepared by an Ontario Land Surveyor and this application was adjourned awaiting the submission of the requested material. CLASSIFICATION 10 "A" Application No. 297-71 No. 300-71 c r Parcel Investments Limited, Albertha Hosmar, Owner, 47 Prince Street, Oshawa, Ontario, Richard H. Donald B.A. Agent, Barrister & Solicitor, Oshawa, Ontario, for part of Lot 30, Con 51 Township of Clarke, Submission No. "A"297-71-62 Submission No. "A!1300-71-63 As business arising from minutes of past meetings these applications were presented for further consideration. Mr. A. Hosmar, the applicant, appeared in support of these applications. No other person appeared in supportof, or in' opposition to these applications. Mr. Hosmar requested the Committee for a decision on these two applications for permission to reduce the side yards from the required 25' to 17h.'on each side. Mr. Hosmar pointed out that these two lots are situate to the north and well beyond the water- course. Mr. Hosmar's request to amend the applications accordingly and initial same, was granted. The -Committee referred to their meetings'of April 5; May 10; May 31; July 6; July 12; recalled their inspection of these lots on April 249 1971 and were of the opinion that these applications be granted and the remaining four 'applications for the lots concerned with a watercourse will be held for further consideration. Applications #297-71 and #300-71 granted on motion by E.F.R. Osborne and seconded by K. Schoenmaker for a reduction in side yard requirements, only, from 25' to 17b1 on each side, Appendix 1 (f) amending by-law 1653 and all relevant provisions of existing by-laws to be complied with# 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 Proirince of Ontario; Page 14 Meeting Committee of Adjustment, October 13, 1971: 2. This decision Ehould 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 forth- with 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" Append. 1 (f) Applications File No. 298-71 299-71 Applications File No. 301-71 302-71 Parcel Investments Limited, Owner c/o 47 Prince Street, Oshawa, Ontario Albertha Hosmar, Owner, c/o 47 Prince Street, Oshawa, Ont, Richard H. Donaid B.A. Agent, Barrister & Solicitor, Oshawa, Ontario, Part of Lot 30, Con 5, Township of Clarke, Submission No. As business arising from minutes of past meetings these applications were presented for further consideration. Mr. A. Hosmar, the applicant, appeared in support of these applications. No other person appeared in support of, or in opposition to -these applications. Mr. Hosmar presented the following material to the meeting:: 1. Correspondence from Totten Sims Hubicki Associates Limited, Whitby, Ontario, dated October 12, 1971 with one copy of the preliminary drainage report signed "D.R. Ludlow" and a photostat copy of the preliminary sketch of the "subject property. The Committee noted that this is the same report submitted by Mr. Hosmar at their meeting on July 6th, 1971, the only difference being now that Mr. D.R. Ludlow's signature is on the report. Mr. Hosmar, having been under oath, stated that he had ' accompanied Mr. D.R. Ludlow, engineer with the firm of Totten, Sims, etc., on an inspection of the four lots to the south, requiring relief from sec. 3.8 amending by-law 1653 copcerning a watercourse and upon inspection they had calculated they might need as much as a 48" drain pipe.Beari.ng in mind the expense of such a drain, they were considering using one lot for the water run off. The Committee requested that Mr. Hosmar submit a report from the Ganaraska Region Conservation Authority, 41 Percial St. Port Hope, Ontario, giving their approval as to whether fill from 3 the one lot would be allowed. J Applications adjourned awaiting the requested material. CLASSIFICATION.10 "A" 3.8 . 0 0 0 0 0 . 0 C Page 15 Meeting Committee of Adjustment, October 13, 1971: Application File 4348-71 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono,, Ontario, Mrs. Doris Prust and Owners, Miss Lynn Prust, 342 Woburn Avenue, Toronto, Ontario, for part of Lot 31, Con 6, Township,of Clarke, Submission No. ^i3" 3 yY-7i- „15.3 Application was made for exemption or partial exemption from provisions of the Planning Act so as to permit the separation of approximately 111.08`x150' from the applicants' land, in an Agriculture Zone. Application File #349-71 W. Kay Lycett B.A., _ Agent, Barrister & Solicitor, Charles E. and Everett G. Owners, Stapleton,$.R. #2 Orono, Ontario, for part of Lot 31, Con 6, Township of Clarke, Submission Application was made for exemption or partial exemption from provisions of the Planning Act so as to permit the separation of approximately 45.25' frontage with an area of approximately .358 acres from the applicants' land, in an Agriculture Zone. The Secretary reported that 34 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure, for these two applications. W. Kay Lycett B.A., Barrister & Solicitor, agent for the applicants and Mr. Everett G. Stapleton, one of the applicants, appeared in support of these applications. No other person appeared in support of, or in opposition to these applications. The Secretary -Treasurer presented the following material to the meeting'- 1. eeting¢ 1. Correspondence from W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated September 24, 1971 as follows: "We enclose herewith each, in duplicate, interlocking ,applications for severance of lands each involving parts of Lots 31, Concession 6, of the Township of Clarke." "In these applications consent is being soughtto allow Mrs.'and Miss Prust, who are the owners of parts 4,5,6, and 7, to convey part of part 4 to Stapleton Bros., which parcel will be the most westerly part of Lot 4, to give the Stapleton Bros. 150' frontage on the road allowance between Concession 6 and 7 and which portion will be added to a former part of their present holding shown as part 19 of the said plan': "In addition in the Stapletons' application permission is sought to allow the Stapleton Bros. to terminate their interest in, which is an interest by way of right-of-way, over part 5 according to the said plan to the Prusts." (sgd)"W.K. Lycett" 2. Certified Plan of Survey, prepared by M.D. Brown OLS,1106 Bowmanville, Ontario, dated July 28, 1971, file 71038-B, deposited as Plan 1OR on August 9, 1971, Registry Division of Durham West (No. 10)(sgd) "Everett G. Stapleton" (sgd) "E.L. Bird" Deputy Registrar; Page 16 Meeting Committee of Adjustment, October 13, 1971: 3. Original Deed dated 11th September 1950 from Charles Edward Stapleton, Everett George Stapleton to Charles Redvers Prust, Doris May Prust, Joint Tenants, registered 4th July 1960 as #11793; The Committee perused the material presented and noted on the Plan of Survey that the Stapleton Brothers have a frontage on the road allowance to the west of 38.921, this plus a conveyance from Mrs. Prust of 111.08' will give them 150' frontage. Mr. Everett G. Stapleton, under oath, stated that the right-of- way at the north east corner of Mrs. Prusts's property had been used to gain access to the farm and this exchange of property from the east to Mrs. Prust, in return for property on the west will give title to Mrs. Prust of the present right-of-way and increase the width of the right-of-way to their farm on the west. These applications were adjourned to enable the Committee to inspect the property. CLASSIFICATION 10 "A" General Business - The re -appointment of Mr. K. Schoenmaker,Sr.Member, was discussed. Mr. Schoenmaker agreed to let his name stand for a further term and the Secretary was instructed to inform Mr. L.J. Mikulich, Clerk, accordingly; Secretary-Tre 4s4 er Several matters of correspondence were attended to with dictation thereon and this being all the business,this meeting was adjourned at 12:00 o'clock midnight, o . . . . . . . . . .