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HomeMy WebLinkAbout07/12/1971Page 15 Meeting Committee of Adjustment, July 6, 1971: The Secretary -Treasurer presented the following material to the meeting: 1. Correspondence from Mrs. Jean Goode indicating that she will appeal the decision of the Committee handgd down on May 31st, 1971 re application "B"309-71-38; 2. Pamphlet - Committees of Adjustment Selected Decision of the Ontario Municipal Board published by Municipal World Limited. The Committee were definitely interested in obtaining this publication and the Secretary was instructed to order same. 3. Correspondence from The Association of Ontario Housing Authorities, City Hall London, Ontario, indicating that A "Housing Conference 1971" will be held on October 17, 18, and 19 in Sudbury. The Committee noted the contents thereof and indicated tha"t they would be unable to attend. 4. Booklet from Department of Municipal Affairs, 1970 Summary of Legislation affecting Municipalities; 5. 6 applications for rezoning from the Clarke Planting Board for consideration and reply from the Committee of Adjustment; This meeting adjourned at 11:30 p.m. and the Secretary was instructed to arrange a meeting for Monday Evening, July 12, 1971 at 7:00 p.m. in the Council Chamber, Orono, Ontario, and to request the persons concerned to attend so that the Committee ma endeavor to re -consider and finalize outstandi to (� •-Cie-ice .{� Secretary-Treas,.er MEETING of the COMMITTEE OF' APJUSTI',IENT Monday, July 12, 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, Mr. Horace Best was requested to attend the meeting to answer questions in regard to records kept in his custody as Zoning Administrator and Building Inspector relative to the issues under consideration by the Committee. .The minutes of meeting held on July 5, 1971 were approved on motion by K. Schoenmaker and seconded by E.F.R. Osborne. Carried. Page 2 Meeting Committee of .'adjustment, July 12, 1971: Applic,ztion File No. 319-71 Douclas"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 Ivo. 319-71213 Submission No. 320-71-45 As business arising from minutes of past meetings these applications were presented for further consideration. No person appeared in support of, or in opposition to these applications. The Committee: 1. Referred to minutes of meetings June 7 and July 5, 171; 2. Recalled their inspection of the property on Monday July 5, 1971; and following further review of all the facts were of the opinion that the cardinal principle here is the houses are already in existence. It is perfectly clear that the whole development which is served (a) by a communal well; (b) a private road and (c) laid out in a miniature escarpment with no proper "turn around" at the end of the private road; would never be permitted to be planned that way under present regulations. To insist, however, that two existing houses remain in one land unit serves no planning purpose and works an economic hardship. On the facts of this particular case the Committee suggested that the Plan of Survey should be amended to show the dividing line for the two properties. The Secretary was instructed to inform the applicant of this interim decision and these applicationswere adjourned. CLASSIFICATION ZONED "Rl" Appendix 2 (e) Application File 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"321-71-47 As business arising from minutes of June 7, 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, composed of the Chairman E.R. Lovekin and member E.F.R. Osborne attended at the site on Saturday July 10, 1971 at 8:30 a.m. and accompanied by the applicant Mr. Willis Barraball, inspected the property. The site is located north of the Police Village of Orono at the intersection of Concession 7 in the extreme north east.corner of Lot 29 on the boundary of Lot 28. The land is very high with Lake Ontario visible to the south (10 miles) Mosnort Control 'lower to the north (10 milesl and with field glasses the high rise apartments of Scarboro are visible to the west, the owner stated. At this point the north south roadway is what is commonly referred to as a "broken concession", the road on the easterly side of th( property forming a triangle of land with the base of the triangle to the north. The house to be built is on the west side of ti -re north -south road, if it ran perfectly straight. Page 3 Meeting Committee of Adjustment, July 12, 1971: The Road Sur_,eri_ntendent of the Township of` -Clarke, i'•4r. Merrill Ross, states that the Township road improvement programme will take the travelled road permanently to the east. At present that portion o-- the road to the east of the proposed house is obviously used only for people intending to turn to the west on the 7th Concession (i.e. a left hand turn). The through traffic obviously takes the east fork. When the north -south road to the cast of the subject property is rebuilt as scheduled by the Township, the house will be properly located and in effect, the problem is, therefore, temporary in n.ture only. The Township of Clarke, in their normal practice, deed closed ro:d allowances to the abutting owner and that is what will be done in this case. The Committee: l.. Referred to the minutes of meeting June 7, 1971; 2. Perused the photostat copy of Plan of Survey with schedules 112" and "3" attached thereto, pre=viously submitted by Mr. Barraball; and were of the opinion that this applic,ition is, therefore, for temporary relief only. On motion by E.F.R. Osborne and seconded by E.R. Loveking application for a minor variance of setback for 58' in lieu of 93' on east side of lot abuttin:j road allowance between lots 28 and 29, granted subject to the following conditions: 1. TAKE Ri1I1VG that this decision, for a minor variance of the Clarke Township Committee of Adjustment IS NOT FILIAL AND B.LNDING 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 APPE_;L 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 lLpsed 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 Append 1"G"10"A" Application File No. 322-71 W.S. Brandt, Owner, Leskard, Ontario, for part of Lots 31 & 321 Con 7, Township of Clarke, Submission No.'p"3 1 --7-2.,9 As business arising from past minutes 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, composed of the Chairman E.R. Lovekin and member E.F.R. Osborne attended at the site on Monday July 5, 1971 and the following facts were noted: 1. The house in which the applicant now resides was erected on the south east corner of the whole property. There.was adequate frontage on two streets. The Leskard Road lies to the west and Tye Street to the north. Tye street is not heavily travelled. The land to be severed was to the east and Paced on Tve Street to the north and Church Street to the east. . . . . . . . Page 4 Meeting Committee of Adjustment, July 12, 1971: Under. by-law 1592 this whole area was zoned "R111. Under amending by-law 1653 part of this land is zoned "RR" and part "Agriculture". The Committee can see no reason why this property should not be severed. The area owned by the applicant is approximately 2.83 acres and to take the position that a three acre lot in the Hamlet of Leskard cannot be severed into 2 parcels is simply un- realistic. The Committee would point out, not solve all the problems as the the "RR" and "Agriculture" zoning the site. There is also a running property. however, that a severance would exact location of the line between could not be located exactly on stream on the south side of the The Secretary was instructed to request the applicant to submit a proper Plan of Survey, certified and prepared by an Ontario Land Surveyor showing the true shape and dimensions of the land affected and of the subject land together with the location of the stream or watercourse if any and the boundaries of the "RR" zone. Application adjourned awaiting submission of the required material. CLASSIFICATION "RR" "AGRICU;�TUREII Application File 247-70 W. Kay Lycett B.A., Agent, Barrister & Solicitor,Orono, Ont, Jan Ochonski, Owner, R.R. .42 Orono, Ontario, for part of Lots 6 & 7, Block "H", W. side, Church St. Village of Crono, Twp of Clarke, Submission No. '6 3v7 -7o -ase :1s business arising from minutes of meetings of May 11 and June 1, 1970, these applications were presented for further consideration. Mr. Jan Ochonski, the applicant, appeared in support of this application. The following persons also appeared -Mr. & Mrs. Emil Schmid, abutting owners; Mr. Merrill Brown OLS and Mr. D. Nancekievill as observers. No other person appeared in support of, or in opposition to this application. Mr. Ochonski was then sworn and following discussion the Committee rerused a Flan of Survey prepared by I,I.D. Brown OLS., 1106 Bowm�:nville, Ontario dated June 18, 1971, 471079 annotated " received and deposited as Plan 1OR 86, July 2, 1971 signed "J. Brough" Registrar for the Registry Division of Durham West (No. 10). The Committee were of the opinion that this matter could not be dealt with as the lands were not formally conveyed to Mr. Ochonski as yet by the Corpor<;.tion of the Township of Clarke. The matter was, therefore, :ret over until the next sitting of the Committee, at which time evidence should be submitted proving that the additional lands had in fact been conveyed to the applicant by the Township. The Committee also wis'n to make it a matter of record that this property is in an "R1" zone and that this is the basis on which the application was considered. The applicant, Mr. Ochonski stated tho.t he intended in the future to apply for a re -zoning to use one or both'of these lots for the construction of multiple dwellings ,namely, triplexes. The Committee made it quite clear to the applicant' that if this severance were granted, this should not be in any way construed as their granting to any re-zc%ning as this was not a matter before the Committee. Application adjourned for further cons iderat.on at the next meeting. CLASSIFICATION SEC 4 (R1) "J" Page 5 Meeting Committee of Adjustment, July 12, 1971: Application File No. 276-70 Mr. A. -IJ Whitmee, Owner, R.R. 1k2, Newcastle, Ontario, for part of Lot 29, Con 11, Township of Clarke, Submission No. "A"276-70-45 As business arising from minutes of past meetings, this application was brought forward for further consideration. Mr. A.W. Whitmee the applicant appeared in support of this application. Mr. Evangelos Dionyssiou, 291 Marland Avenue, Apt. #301, Oshawa, Ontaric, an abutting owner also appeared. 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 Mr. A.W. Whitmee, R.R. 42 Orono, Ontario, dated July 8, 1971 as follows: "I would be prepared to go along with the Committee's recommendation to move the house 8 ft. westerly giving a 85 ft. southerly side yard and 20 ft. northerly. I am prepared to amend future application. Yours truly, "sqd. "A.W. Whitmee" The Committee: 1. Referred to minutes of meetings November 15 and November 19, 1970; July 5, 1971; 2. Recalled their inspection of the site on November 19, 1970; 3. Granted the applicant formal leave to amend the application which was witnessed by the Chairman, E.R. Lovekin; and following further discussion the Committee were of the opinion that the lot being large and only one side yard being reduced by five feet, this application for a minor variance was granted on motion by K. Schoenmaker and seconded by E.F.R. Osborne 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 FRO141 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. CLASSI?ICATION 10 "A" Page 6 Meeting Committee of .'adjust ent, July 12, 1971: Applicati^n File No. 306-71 Mrs. I'arie O. Gibson, Owner, R.R. 42, Newcastle, Ontario, for part of Lot 31, Con 3, Township of Clarke, Submission No."B"3o5 7i -°-4f' s business arising from minutes of past meetinas 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 two members of the Committee inspected this pro°_:erty at.4:45 p.m. on Monday July 5, 1971. The Committee noted a, mobile home situate on the proposed lot to be severed, on the west side of the travelled road. Hydro service was connected to the mobile home; a bored well, septic tank and tile bed were connected to the mobile home. The Committee find, as a fact, that a bona fide farming operation 9 namely, an orchard operation, is being conducted on the subject lands and has been carried on for a number of years. This is a family farm operation and the sudden death of the father, husband, some years ago left the widow and two sons to carry on. The one son Gerald is a member of the OPP and helps on the farm in peak periods and lives in the old family house now severed from the farm and standing in his name. The mother (widow) lives in a newer home constructed by her deceased husband before land controls were introduced. The son, Russell, who will become the owner of the lot, if it is severed, was born and raised on this farm,took over the management of the f, -arm in co-operation with his mother at his father's death. Russell later married and lives in a mobile home in the area of the pro;osed lot. Russell's main source of income is from the orchard operation although he "works out" in the agricultural off seasons. The Committee were of the opinion that the severance previously granted has no effect on this application. That severance was granted while the son Russell was living in the house with his mother in a basement apartment. It was a severance which simply acknowledged an existing fact, namely, there were two houses on the property; the old family home and the new one. In this case the son Russell is part of a farmily farm unit that requires senarate accommodation. ,The Secretar:�-Treasurer presented the following material to the meeting: 1. Correspondence from Gerald B. Gibson, i2... 4-2 Newcastle, Ontario, undated. The Committee noted the contents thereof; The Committee agree with a suggestion made by Gerald Gibson that access to the property to be severed should be by a separate road- wav and that this entrance should be located so Lh,it it would not block ready access to and from the farm property from the north - south road in which the proposed lot faces. The lot to be severed, therefore, should be located far enough to the north of the existing barn or front storage shed the." a road could be constructed to give direct access to the north -south road to enable fruit trucks, farm wagons and the like to enter and leave the farm buildinas on the north -south road without crossing the lot owned by either son. Such'an.entra,nce would also enable trucks to enter from the east -west road, drive into the area of the farm buildings and then drive on out the other roadway. The location of any pro;osed severance should bear this in mind. Page 7 Meeting Committee of Adjustment, July 12, 1971: Any lot created should have. a minimum frontage of 1501 This application was adjourned to enable the applicant to submit a proper plan of survey prepared by an Ontario Land Surveyor and certified, said survey -.'ill show the proposed road between the farm and the lot to be created. The Secretary was instructed to inform the applicant of this interim decision. CLASSIFIc.D ZONED 10 "All General Business - Mr. John R.K. Eardley was granted an interview regarding application "B"209-69-180 which was granted on OcLTI er 1, 1969. Although he registered with required time of one year, in the meantime by-law 1592 was amended by by-law 1653 which re -zoned from "R1" to "RR" and now requires 150' frontage and an area of 1 acre. The Committee advised Mr. Eardley that they were of the opinion he would need to apply for a minor variance in order to obtain a building .)ermit. The Secretary presented the following material to the meeting: 1. Correspondence from Department of Municipal Affairs, 801 Bay Street Toronto, Ontario, dated July 91 1971 signed "Cecil A. Louis" with attached "suggested Rules of Procedure" witli the comment that "the new Rules of Procedure have not yet been finelj.zed; however, when these become available we will be pleased to forward them to you." This bein%; all the business and 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 K. Schoenmaker and seconded by E.F.R. Osborne to be re -convened at 7:30 p.m. t owi_ evening, July 13, 1971. Carrii.d. Secretary -Treasurer— Oh ai a MEETING 114 CCI"ii-il'PTEE The meeting of the Committee of Adjustment re -convened on Tuesday evening at 7:30 p.m. in the Council Chamber., Orono, Ont,:rio with all the members, the Secretary -Treasurer and Pir. Horace R. Best Zoning Admi_iistrator and Building Inspector in attendance. Application File No. 311-71 K. Gelder, Owner,. 101 Coe Hill Dr., Apt. 218, Toronto 3, Ontario, for part of Lot 51 Cori 7, Township of Clarke, Submission No. "A"311-71-46 As business arising from minutes of oast minutes, this application was presented for further consideration. Mr. K. Gelder, the applicant, appeared in support of this application. No.other pei:son appeared in support of, or in opposition to this application. As a matter of record E.R. Lovekin, Chairman and E.F.R. Osborne, member visited tho property and Mr. Osborne pointed out the salient features observed by himself and Mr. Schoenmaker when they had inspected the site on Thursday May 27, 1971.