Loading...
HomeMy WebLinkAbout07/13/1971Page 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. Page 8 Meeting Committee of Adjustment, July 13, 1971: The Committee recalled the verbal testimony given by Mr. Gelder at their meeting on Mon<ay July 12, 1971 and noted the following facts in review: 1. The applicant purchased approximately 3.2 acres in 1962 before much of the present legislation governing the construction of his home was passed; 2. The applicant built an extremely strong bridge across the creek which was a clear indication th,_:t he had intended to locate his house well to the rear of his lot on an elevation on the side of a hill. The $uilding Inspector's reports indicate that this proved completely impossible -as the side of the hill had quick sand and the building of the house in this location was Unfeasible. The location of the house° then had to be moved to the east of the creek or between the creek and the road where it is presently located; 3. The Committee also noted that when the proposed location of the house was on the west bank of the stream, the applicant, at the request of the previous Zoning Administrator, diverted the stream to the east. This diversion now works against him as the house being located on the east side of the stream, the diversion brings the creek closer to the proposed house. 4. The present location of the proposed home was in the only area where solid footings were available on clay and represented a reasonable compromise between all the factors of staving away from the side yard and the front yard of the stream in an area where the foundation would be on stable soil. S. The Committee noted that on the evidence the applicant has a permit from the Health Unit requiring him to construct holding tanks to dispose of the affluent from a septic system and, therefore, there will be no pollution from any tile bed. The Committee also noted that the 6" block had been used in the construction of the basement wall but was given to understand by the Building Inspector 11Ir. Hest, that this would be corrected. Following further discussion of all the facts as presented, the- Committee: heCommittee: 1. Referred to minutes of meetings of May 10, May 311Juiy 6,1971;: 2. Recalled their inspection of the property by two members on Flay 27, 1971 and a second inspection of the property by the Chairman and a member on Saturday, July 10, 1971; and were of the opinion that, while the variances -involved were mathematically substantial, the facts of the case were quite unusual. The present locz.tion of the building- is apparently the only possible location for geological reasons. To refuse the application would be to deny the applicant the right to build on a 3.2 acre parcel of land. Application granted on motion by K. Schoenmaker and seconded by L.F.R. Osborne, subject to the following conditions: 1. T:=.K'S LdARNING 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 TIMI: FOR APPEAL, IS 14 DAYS FROM TH- DATE that the minutes of this decision have been mailed to the Minister of Municip,l _Lffairs of the Province of Ontario. Page 9, Meeting Committee of Adjustment, July 132 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 Certific.te of Deposit or a Notarial copy thereof. 3. AND FURTHER that upon receipt by the Secretary of the aforesaid documont, 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. CLASSIFICATIGN ZONED 10 "A" Sec. 3.8 Application File 323-71 Everett G. and Charles E. Owners, Stapleton , R.R. 32 Orono, Ont., W. Kay Lvicett B.A., Agent, Barrister & Solicitor, Orono, Ontario, for part of Lot 31, Concession 6, Township of Clarice, Submiss'on No. "B"323-71-243 As business arising from minutes of June 7, this application was brought forward for further consideration. No person appeared in support of this application. Mr. Merrill Brown, OLS, Bowmanville, Ontario, to present a Plan of Survey appeared. No other. ,erson appeared in sup ort of, or in opposition to t'iis application. As a matter of record the Committee, composed of the Chairman, E.R. Lovekin and E.F.R. Osborne, member attended it the site on Monday July 5, 1971 and noted the following facts: 1. The road had been bulldozed down to the creek; 2. The irregulzs shape of the subject land is to permit ready access from house to the creek; 3. A builCing approximately 24' x 24' is situate by the creek and is rented for a short time during summer months; 4. About 60% to 70% of the property is composed of cedars and rough pasture and some well cultivated land around the house. On Saturday Juin 10, 1971 the Committee composed of the Chairman E.K. Lovekin and E.F.R. Osborne member re -inspected the property and spoke to one of the applicants, P'ir. Everett Stapleton and enquired of him as to when the Plan of .Survey would be ready and on what basis the line of division from the abutting hinds hid been drawn. Mr. Stapleton pointed out that as a retiring, farmer he is retai.ninq his house and out -buildings and hi's summer property down by the creek, which property was recreational in character covered with cedar trees and of little pure agricul.;L-ure value. The physical observations of the Committee would confirm this statement. Mr. Merrill Brown OLS, 1106 Bowmanville, Ontario, presented the following material to the meeting, on behalf of the applicants: 1. A certified Plan of Survey by H.D. Brown OLS., dated July 12, 1971, #71038 "B" The Committee referred to the minutes of June 7, 1.971; perused the Plan of Survey, recalled their inspections of the property and were of the opinion that this application would be considered d9 a farmer retaining his home on a lot from the sale of the remainder of his £arm. Hr. K. Schoenmaker, member, not having :inspected the property declined to p"rticipate in the decision. Applicrtion granted on motion by E.F.R. Osborne, seconded by E.R. Lovekin. Carried. CLASSIFICATION 10 "A" J Page 12 Meeting Committee of Adjustment, July 13, 1971: (2) On the date the aforem:antioned permits were issued, the subject land was zoned as R.J. which permitted sideyards of 4' and 141. At this time it was noted thl-:t water courses existed in the immediate area of sub -division lots 16,17,18,19 & 20 and the undersigned erroneously assumed the 100' set back as recruired by Section 3.8 of By -Law No. 1653 applied only to a stream or river and dial not apply to a water course or the floodplain of a water course. (3) In a letter., under date of March 30, 1970, from 1,1r. D. Little, Planning Consultant, to the Committee of Adjustment, Iir. Little interpreted Section 3.8 as providing for no building within 100' of any water course and in addition if the flood plain of a water- course extends more than a hundred feet from the water course then building is also prohibited in that part of the flood plain beyond the 100' measurement. (4) In 2'ebrursry 1971 a contractor representing flr. Hosmar applied for permits to be renewed on lots 17, 18, 19, 207 28 & 29. As the writer can issue permits only if the application meets the provision of the relevant by-laws in effect at the time the application is submitted, it was not possible to renew the original permits. Permits could only be issued if the application provided for 25' sideyards as required by the current water course or flood plain of a water course as determined by an O.L.S. (5) In the opinion of the undersigned, water courses do in fact exist in the immediate area of the subject lots. The applicant was advised that if a survey prepared by an O.L.S. was submitted to this office showing that no water courses existed within one hundred feet of the pro,-osed bl_iild:i.ngs, his a_;plic,-ti..)n would be reconsidered. Yours mspectfully, (signed) "Horace R. Best" Busldi_ng, Inspector, Zoninc; Administrator. It would appear to the Committee that while the north -south drainage lines lying to the easterly extremety of the properties built on the east side of the Township road between lots 30 & 31 Concession 5 might be improved, it is, at the present time, adequate for all normal demands and that the only immediate problem with which this Committee is concerned at the ,resent time is to ensure that water coming from the west side to the east side of the Township road hereintobefore mentioned will find its way throur:h the subject property to the said north south drainage line of flow without being obstructed thereby creating a flood hazard. The Committee are tentatively of the opinion that 1 or 2 large enclosed and covered drainage culverts could be constructed by the applicant which would be satisfactory. The Committee's problem is th.-L they do not have the technical information available to determine the proper specification for such a structure -but they do agree that the possible solution submitted by the applicant which arose out of a preliminary investigation of the subject prol,erty carried out on Friday, June 11, 1971, indicates an acceptable solution but sufficient specifications are not available. A covering letter from the applicant indicates that this opinion was expressed by Mr. Dennice Ludlow of Totten, Sims & Hubicky & Associctes Ltd., Consulting Engineers, Whitby, Ontario, but the material submitted was not signed. The Committee, therefore, request the applicant to submit a specific plan sup,orted by technical evidence which will demonstr_:te that the flow of water east -west across the property will. be adecuately dealt with. Such a report must be submitted before further considerotion will be given to these applications. The Committee wish to point out because of possible pollution from file beds they are or the tentative opinion that the work to be constructed should be full fledged storm drains with water proof joints. The Committee would further point out that in the event that a minor variance from the edge of a watercourse be granted, the Committee must know the distance involved and, therefore, a plan of an Ontario Land Surveyor showino the edge= of the flood plain by spot elevation or contour lines would apparenL-1v be necessary. The Secretary was instructed to send a copy of these minutes to the applicant and this matter was adjourned to permit the applicant to submit further evidence which will assist the Committee :in the problems set out above. CLA$SIl'ICATI(_`N 10 "A" 1 (f) Page 13 Meeting Committee of Adjustment, July 13, 1971: Application Pile Me. 324-71 Evangelos Dionyssiou Owner, 291 Marland Ave., Apt 301 Oshawa, Ont,rio, for part of LoL 29, Con. 2, Township of Clarke, Submission No. "A"324-71-48 As business arising from minutes of July 5, 1971 this application was presented for further consideration. Mr. Evangelos Dionyssiou, the applicant, appeared in support of this application. Also appearing was Mr. A.W. Whitmee, R,r:. #k2 Newcastle, Ontario, an abutting owner. No other person appeared in support of, or in opposition to this application. As a matter of record the Committee, composed of the Chairman, E.1'. Lovekin and E.F.R. .Osborne, member, attended at the site on Saturday, July 10, 1971 and noted that the subject land was the only vacant lot between the proposed dwelling of Mr. t,.W. Whitmee and the lot to the north. This property is located in Lot 29, Concession 2, Township of Clarke, on the west side of county road 473 between the limits of Newcastle and the Third Concession. The Committee= were familiar with this area having inspected the property of Mr_. A.W. Whitmee on November 19, 1970 (ref. "A"276-70-45). This could be considered as an infilling lot as a number of, homes are built in this area. Mr. Dionyssiou was sworn and in his oral presentation stated that a house with a 36' frontage would be satisfactory this would allow a side yard on each of 1921. The Secretary was instructed to advise the applicant th,.-,t his oral application to amend his application was granted and that the application as amended was granted on motion by E.P.R. Osborne and oeconded by E.R. Lovekin subject to the following conditions: 1. TAKE ',1ARNING that this decision, for a minor variance of the Clarke Township Committee of Adjustment IS NOT FINAL, SND BINDING until the time for appeal by any interested party has lapsed under the terms of The Planninq 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 Ontzrio. 2. This decision should not be registered on title until the said time for appe_:l 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 o.E the Committee a duplicate Certifice.te of Deposit or a Notarial copy thereof. 3. AND FURTHER that upon receipt by the Secretary of the aforesaid document, the appropriate administrative 0[ficials of the Townshir: of Clarke will be authorized to issue any and all necessary permits or to hake any steps necessary to implement this decision. CARRIED. CLASS I.FICA=:N 1,0 "A11 "J" Page 10 Meeting Committee of Adjustment Ju].y 13, 1971: Application Pile 325-71 G.K. Selzer Esq., Agent, Adams, Fraser,Smith & Shaver, Barristers & Solicitors, 200 University Avenue, Toronto 1, Ontario, Dr. Jan Jansen, Owner, 47 Hill Crescent, Scarboro Borough, Ontario, for part of Lot 9, Con 8, Townsh_.p of Clarke, Submission No. "B"325-71-244 As business arising from minutes of meeting July 5, 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 composed of the chairman E.R. Lovekin and E.?.R. Osborne member inspected this property on Saturday, July 10, 1971 and found the facts on the ground to be as presented before the Committee in argument. The Secretary. -Treasurer presented the following material to the meeting: 1. Correspondence from G.K. Selzer, Adams,Fraser,Smith & Shaves, B:irriste.rs & Solicitors, 200 University Avenue, Toronto 1, Ontario. The Committee noted the contents thereof; 2. A Sworn Affidavit, signed by "Jan Jansen" dated July 8, 1971 setting out the following facts: I, Jan Jansen, Medical Doctor, of 47 Hill Crescent, Borough of Scarborough, in the Municipality of Metropolitan Toronto, DIKE OATH AHD SAY AS FOLLOWS: 1. I am Lhe owner of the aforementioned lands and premises known as part of Lhe south half of Lot 9, Concession 8, of the Township of Clarke, in the Countv of Durham and as such have knowledge of the Pacts hereinafter deposed to. 2. I purchased the aforementioned lands and premises as more particularly described'in the said registered Deed No. N39428 on the 16th day of December, 1968. Said lands and premises comprise an area of about129.063 acres. 3. I had purchased the aforementioned lands and premises with the intention of operating the same as a "gentleman's farm" and in this connection to renovate the farm house situated thereupon to suit MV pun;oses and to use and occupy the s_.me on a semi -retired basis when I would limit my present medical practice. 4. Since the purchase of the above lands and premises I instilled hot and cold running water, a central heating system and upgraded the wiring in the dwelling house and enteredinto a leasing arrangement with a tenant for the said lands and premises on a monthly basis. 5. Since _ entered into the said leasing c.rrangements I have made occasional inspections of the lands and premises and I have noted on such occasions.that the farm buildings and fences are deteriorating. Page 11 Meeting Committee of Adjustment, July 13, 1971: 6. As a result, the leasing arrangements have proved unsatisfactory and T am very much concerned th:_t if these conditions are permitted to cersist the maintenance of the lands and premises will even more deteriorate and the buildings will debilitate as they do not receive proper maintenance. 7. In addition to the aggrevation of the foregoing I have been too busy with my medical. practice as a nose, ear and throat specialist to consider limiiing my practice for the purpose of semi -retiring to the aforementioned lands and premises or to keep in regular touch.with them in order to properly maintain the same. 8. As a result thereof I am of the opinion that the best solution to these problems as referred to above is the sale of the lands on which the dwellings are situated to a responsible purchaser who will properly maintain the aforementioned lands and buildings and in consequence thereof I have brought this application for consent to exempt from the provisions of Zoning By -Law No. 1592 and to permit the separation of a parcel of land contain- ing approximately 40.129 acres from the remainder of my lands of part of Lot 9, Concession 8, in the Township of Clarke. 9. This appl.ic*ition is made for the above purpose only." The Committee: 1. Referred to minutes of meeting July 5, 1971; 2. Perused the Plan of Survey previously presented; 3. accepted the Sworn Affidavit as evidence of the intentions of the applicant; 4. Recalled their inspection of the property on July 10, 1971 and were of the opinion that the applicant had complied with the conditions imposed as evidenced in former minutes. A pplication granted on motion by L.F.R. Osborne and seconded by E.R. Lovekin. Carried. CLASSIFICATIGN 10 "jO" i J Applications No. 297-71 Parcel Investments Limited, Owner, 298-71 c/o 47 Prince Street Oshawa, Ont, 299-71 Albertha Hosmar Owner, 300-71 Richard H. Donald'B.A. Agent 301-71 Barrist;>r & Solicitor, Oshawa, Ont. 302-71 for part of Lot 30, Con 5, Township of Clarke, Submission Nos.43 'P, - 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 Secretary -Treasurer presented the following material to the meet:i.no: 1. Correspondence from Horace R. Best-, Building Inspector, Zoning Administrator, dated July 9, 1971, setting out the following facts: "Re: Parcel Investments Ltd., A. Hosmar Lot 307 Con 5 In reply to your letter of July 7 regar0ing the above noted, we are pleased to submit the following comments: (1) Building Permits Nos. 71-69 to 77-69 inclusive, in respect of sub -division lots Nos. 16, 17,18,19,20,28,29 were issued to R. Swartz and M. Swartz, Oshawa, on July 11, 1969, with an expiry date of January 11, 1971. Lot No. 16 was built- on in the fall of 1969, the remaining permits ex>ired. J Page 14, Meeting Committee of Adjustment, July 13, 1971: General Business - The Secretary -Treasurer presented the minutes of the regular Monthly Meeting of the Clarke Planning Board for meetings June 17, 1971 and June 23, 1971. There being one more app 14cati.n to be considered necessitc,l,ing a lengthy review, on motion by K. Schoenmaker and secondee' E.F.R. Osborne, this meeting was adjourned at 1:00 a.m. t be re -convened on Thursday 22nd July, 1971 at 7:. in Committee. L Secretary-Treasu er i MEETING IN COMl`iITTEL" The meeting,of the Committee of Adjustment re -convened on Thursday, 22nd July, 1971 at 7:30 p.m. in the office of , the Chairman, E.R. Lovel:in B.P.. IL,.B., Newcastle, Ontario with the Chairman and two members present. Application File No. 294-71 W. Kay Lycett B.A., Agent, Barrister & Solicitor.,, Orono, Ontario, David Nancekievill, Owner, Orono, Ontario, for part of Lot 28 Con 5, Police Village of Orono, Township of Clarke, Submission No. "B"294-71-245 As business 4rising from minutes of past meetings this application was brought forward for further consideration. Mr. David Nancekievill, applicant, appeared at the meeting held on July 12, 3.971, in support of this application. Also appearing were Messrs. Bruce and von Tennant and Mir. Merrill Brown QLS., as observers. No other person appeared in support of, or in opposition to this application. From the Committee's general discussions it became apparent that this was a difficult case and under the circumstances, as Chairman I requested each Committee member to prepare his own written reasons. The applicant's agent W. Kay LycetL- B.A., Barrister & Solicitor, Orono, Ontario and the applicant himself were completely fair and open with the Committee and made no attempt to conceal facts or to allege they were mislead by third parties. The complete candor of their presentation was appreciated by the Committee. Comments by Chairman, E.R. Lovekin: This particular case has caused the Committee considerable concern because of the factual situation involved. The applicant purchased the property when the laws as they presently exist were in force and he is, of course, deemed to know the law. He seeks a severance of a lot with 60' frontage in the centre of 180' frontage so that the net effect will be that 3 lots with slightly more than 60' frontage each will be created; not one lot. If he subdivides this frontage into 2 lots with 75' frontage each he will, of course, be left with 30' overage. He could create 2, 90' lots if he so desired, but he has declined to amend his application to encompass 2 lots. The facts in favor of the applicant are as follows: 1. He has an overage in lot area even when 3 lots are created; 2. The lots"dead end" into a low lying "green belt" type area whic} abuts a semi -controlled access hi hway `Highway F,115) makina the street a "dead end' and, therefore, highly desirable from a residential viewpoint;