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HomeMy WebLinkAbout09/15/1971Page 9 Meeting Committee of Adjustment September 8, 1971:. General Business cont'd The Secretary -Treasurer presented the following material to the meeti=ig: 1. Folder from Community Planning Association of Canada, being notification of 1971 National Conference to be held October 3 - 6;. 2. Folder of Annual Conference, Association of Ontario Housing Authorities to be held October 17-19, 1971 at Holiday Inn, Sudbury, Ontario. The Committee indicated they would be unable to attend these events. 3. Booklet from Department of Municipal Affairs, 1971 Summary of Legislation, Affecting Municipalities printed by the authority of The Honourable Dalton Bales, Q.C., Minister of Municipal Affairs. This being all the business the meeting adjourned_ at 1 ;-30 -x Secretary -Treasurer �Cllairfff6ri MEETING of the COMMITTEE OF ADJUSTMENT Wednesday, September 159 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 8, 1971 were approved on motion by K. Schoenmaker and seconded by E.F.R. Osborne. Carried. Application File No. 306-71 Barber & Kelly Agent, Barristers & Solicitors, Bowmanville, Ontario, Kaspar Hollen, Owner, Newtonville, Ontario, for part of Lot 4, Con 1, Township of Clarke, Submission No. "B"306-71-248 As business arising from minutes of past meetings, this application was presented for further consideration. Mr. Kaspar Hollen, applicant, accompanied by Merrill D. Brown OLS., Bowmanville, Ontario, appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr. Merrill Brown OLS., on behalf of the applicant presented the following material to the meeting: 1. A certified Plan of Survey, prepared by M.D. Brown OLS, 1106, dated August 31, 1971, File 71133 with legal description attached thereto; C Page 2 Meeting Committee of Adjustment September 15, 1971: The Committee perused the Plan of Survey and noted that the area was shown to be 45 acres rather than the 50 acres applied for. Mr. M.D. Brown OLS., under oath stated that the boundary survey revealed a total of only 88 acres so that a separation of 50 acres would violate the by-law, therefore the parcel is 45 acres as shown; on the Plan of Survey. Mr, Kaspar Hollen, under oath, confirmed Mr. Brown's statement regarding the change in area and requested permission to amend his application accordingly. The Committee granted this request and the amended application was witnessed by the Chairman, E.R. Lovekin. The Committee: 1. Referred to minutes of meetings April 5 and May 11, 1971; 2. Recalled their inspection of the property on May 6, 1971; and following further discussion were of the opinion that the applicant had complied with the conditions imposed as evidenced in former minutes. Application granted on motion by E.F.R. Osborne, seconded by K. Schoenmaker. Carried. CLASSIFICATION 10 "A" Application File No. 322-71 Wm. S. Brandt, Owner, Leskard, Ontario, for part of Lots 31 & 321 Con 7, Township of Clarke, Submission No. "B"322-71-249 As business arising from minutes of past meetings this application was brought forward for further consideration. Mr. Merrill Brown OLS., Bowmanville, Ontario, appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr. Merrill Brown OLS., on behalf of the applicant presented the following material to the meeting: 1. A Plan of Survey prepared by M.D. Brown OLS., 1106 Bowmanville, Ontario , dated September 15, 1971, File #71144; The Senior Member, Mr. K. Schoenmaker, stated that having been unable to accompany the Committee on their inspection of this property he wished to withdraw from any participation by the Committee of the merits of the case. This request was granted and the Chairman E.R. Lovekin B.A. LL.B., and Mr. E.F.R. Osborne, member, considered the application. The Committee perused the Plan of Survey presented ; referred to the minutes of meetings June 7th and July 12th, 1971; recalled their inspection of the property on July 5th, 1971. The Committee also recalled that under amending by-law 1653 the subject land is zoned in part as "RR" and in part as "Agriculture". Under the previous by-law 1592 the whole of the Hamlet of Leskard was zoned "R1". In actual fact, the property itself is within the built up area of the said Hamlet of Leskard. - Following further discussion the Committee were of the opinion that the applicant had complied with the conditions imposed as evidenced in former minutes and this application was granted on motion by E.F.R. Osborne and seconded by E.R. Lovekin. Carried. CLASSIFICATION "RR"- 10 "A" Page 3 Meeting Committee of Adjustment, September 15, 1971: Application File No. 329-71 Northumberland & Durham Owner, County Board of Education,_ Cobourg., Ontario,' M.A. MacLeod, Administration Offices, Cobourg, Ontario, Agent, for part of Lot 35, Con 5, Township of Clarke, Submission No. "A01329-71-53 As business arising from minutes of meeting September 8•, J 1971, this application was brought forward for further consideration. Mr. S.G. Hayden, Assistant Administrator of Northumberland & Durham County Board of Education and Mr. Lawrence Greenwood, Board Member, 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 whole Committee, accompanied by Mr. Lawrence Greenwood, Board Member, inspected this property on Monday, September 13, 1971 and noted the following facts: - 1. The building was not in top condition, a missing eavetrough and rotted facia board has allowed water to enter brick and tuck pointing is necessary on the east wall; 2. The yard was good re size and condition, with adequate space for well and septic tank; 3. The building appeared suitable for a single family dwelling on a survey of it as a whole; - The Committee were cognizant of the fact that this school is being sold by a public authority, the School Board, with the proceeds going into public funds. The School Board will make a maximum recovery if the use of the building is defined and clarified. While this could not be a definitive factor, it is a matter involving the public good. Following further discussion the Chairman pointed out to Mr. J.G. Hayden and Mr. L. Greenwood that each application for a minor Variance re school properties will be considered on their own merits. Application 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 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" Append. 1 (g) (h) Page 4 Meeting Committee of Adjustment, September 15, 1971: Application File No. 330-71 Northumberland & Durham Owner, County Board of Education, M.A. MacLeod, Administration Offices, Cobourg, Ontario, Agent, for part of Lot 9, Con 3, Township of Clarke, Submission No. "A"330-71-54 As business arising from minutes of meeting September 8, 1971, 1971, this application was brought forward for further consideration. Mr. J.G. Hayden, Assistant Administrator of Northumberland & Durham County Board of Education and Mr. Lawrence Greenwood, Board Member, 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 whole Committee, accompanied by Mr. Lawrence Greenwood, Board Member, inspected this property on Monday, September 13, 1971 and noted the following facts: 1. This is a well built brick building with no sign of severe cracks in the walls, poor roofing or other major structural defects; 2. Inside it was noted that the furnace had caught fire and singed the surrounding area, with some damage to the floor joists and the floor above the furnace but this was local in its effect; 3. The building is located on the south east corner of the lot, said lot is well treed; 4. The new road increases the set back of the building from the abutting road; The Committee were of the opinion that the building and lot was suitable for a single family dwelling. The Committee were cognizant of the fact that this school is being sold by a public authority the School Board, with the proceeds going into public funds. The School Board will make a maximum recovery if the use of the building is defined and clarified. While this could not be a definitive factor, it is a matter involving the public good. Following further discussion the Chairman pointed out to Mr. J.G. Hayden and Mr. L. Greenwood, that as mentioned in the decision regarding the Clarke Union School, each application for a minor variance on school properties will be considered on their own merits. Application 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 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,FURTIER 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 CLASSIFICATIONth110� "A" CAR. RI nd ppe1 Page 5 Meeting Committee of ikdjustment, September 15, 1971: 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 business arising from meeting of September 8, 1971, 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. Mr. W. Kay Lycett B.A., Barrister & Solicitor presented the £ollowing.material to the meeting: 1. A photostat copy of Statement of Farming Income and Expenses for the period January 1, 1970 to December 31, 1970. The Committee perused the Statement and annotated' it as "Exhibit "A". As a matter of record the whole Committee inspected the property on Monday, September 13, 1971. The following farm machinery was in evidence: Cockshutt 550 Tractor with attached sprayer; 3 point hitch Massey Cultivator; large trail plow; Deho 10 A Transplanter; large 3 point hitch 3 furrow plow; set of discs 3 point hitch; Farmall Cub Garden Tractor plus implements;. evidence of a vegetable market garden. The, Committee also noted a for sale sign "Leblanc". Mr. Boyd S. Harris, under oath, made the following submissions:.' 1. All the farming equipment belongs to him; 2. He carried on a market gardening operation for approximately 2 seasons; 3. His main source of income was not derived from the market gardening operation; 4. The Profit and Loss.Statement had been prepared by one Mr. Wm. Hall, C.A., 36h King St. E., Oshawa, Ontario. This statement shows the. loss experienced by him in the farming operation; 5. He wishes to retain the dwelling house with approximately 1.5 acres and sell the remainder of approximately 40 acres; 6. In answer to a question from the Committee as to the size of lot he wished to retain, Mr. Harris answered that this was all the land he wished to care for. 7. With regard to the letter from the Department of Transportation and Communications expressing concern over direct access to the remaining 40 acres, Mr. Harris stated that there are two entrances to the property from Highway #2, the one presently in use to gain access to the house where he lives and one to the extreme west of the property which would give access to the remaining 40 acres. Both entrances were there when he bought the property and remain the same now . The Committee indicated that this application would require further consideration and the matter was adjourned until the next meeting. CLASSIFICATION 10 "A" Page 6 Meeting Committee of Adjustment, September 15, 1971: Application File No. 334-71 Joseph George Stephenson, Owner, R.R. #2Newcastle, Ontario, Messrs. Barber and Kelly, Agents, Barristers & Solicitors, 28 King Street W., Bowmanville, Ontario, for part of Lot 23, Con 1, Township of Clarke, Submission No.` Application was made for exemption or partial exemption from provisions of the Planning Act so as to permit the separation of 1501x300' being approximately 1.03 acres in area from the applicant's land. The Secretary reported that 37 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Joseph George Stephenson, R.R. #2 Newcastle, Ontario, applicant, accompanied by his agent Douglas J. Barber B.A. LL.B., Barrister & Solicitor and nephew Mr. ,James L. Stephenson, Mill St. Newcastle, Ontario, appeared in support of this application. The Secretary -Treasurer presented the following material to the meeting: 1. Correspondence from Douglas J. Barber B.A. LL.B., Barrister & Solicitor, Bowmanville, Ontario dated August 18 and August 26, 1971. The Committee noted the contents thereof; 2. A preliminary sketch Plan of Survey, prepared by M.D. Brown OLS, dated January 6, 1971 - #71003; The Committee noted that the applicant has an application for a zoning amendment pending before the Planning Board. The Chairman, E.R. Lovekin explained to the parties concerned that the Committee would be unable to hand down a decision until such time as the Planning Board and Council had considered the question of re -zoning. Mr. Barber, on behalf of his client, replied that this was under- stood and having considered the matter his client had requested that his application be placed on the agenda for consideration at this meeting as a matter of record only. 1. Mr. Joseph George Stephenson was then sworn and he stated as follows: He has an application before the Planning Board and Council requesting a re -zoning from Agriculture to "RR";, 2. He wishes to sever a_lot for his nephew James Stephenson who is employed by Ontario Hydro in Pickering Ontario; 3. He has owned his farm since 1928. This particular land is not suitable for agriculture purposes and has never been cropped,in fact, the area is planted with pine trees; 4. There are a number of existing homes and 10 new homes being erected in the vicinity and the character of the area is established as "RR"; 5. The lot would have a frontage of 150' on Highway #2 with a depth of 300' with an area of, approximately 1.03 acres; 6. The lot had been inspected by Mr. R. MacNaull, Haliburton, Kawartha, Pine Ridge District Health Unit Cobourg, Ontario and his report was favorable; Page 7 Meeting Committee of Adjustment, September 15, 1971:. Mr. James L. Stephenson, nephew of Mr. Joseph G; Stephenson, confirmed, under oath, the evidence given by hisUncle. He also stated that to the best of his knowledge there would be no pollution problems; visibility is clear, the lot is high and dry and a good water supply. The Committee pointed out that the house location would have to be approved, not only by the Health Department, but the Planning Board,. Council,. Road Department and other relevant agencies. Application adjourned awaiting report on re -zoning from the Planning Board, CLASSIFICATION 10 "A" Application File Nol 335-71 Alvin Bruce Yeo, Owner, R.R. #1, Orono, Ontario, for part of Lot 23, Con 4, Township of Clarke, Submission No."B"39S-?I- Z60 As business arising -from minutes of September 8, 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 whole Committee, accompanied by Mr. Bruce Yeo, inspected this property on Monday September 13, 1971. The following facts were noted:' 1. The proposed lot is situate on the east side of a well travelled Township road. This road has recently been re -built and a new culvert gives access to a double gate providing entry to the s/w and n/w corners of adjacent fields; 2. The old Canadian Northern Railway angled across the front of the property but the roadbed has now completely disappeared. 3. The land rises to the east on a knoll which knoll drops off "escarpment style" facing south making an excellent building site. The land farther to the south is too low for a good building site; The Committee were satisfied of the bona fides of the whole application; particularly that the father is a bona fide farmer and the son has helped on the farm over the years and that the proposed conveyance is to a member of the family. The Committee were of the opinion that the following matters were relevant: 1. The father would be entitled to sell the farm and retain a lot; .a 2. The dwelling to be built by the son is really part of the agricultural unit being a second house erected to house a person associated with the farm but a separate deed is necessary to obtain a mortgage to financing building; 3. The land stands in the name of The Director The Veterans J°and Act, therefore, a separate deed is necessary to give -title to the son. (the father has an equitable interest as a veteran only. The Director could, of course, give a deed as he is the representative of the Queen in right of Canada, but the Director has indicated he will not act against Provincial laws; nevertheless with the Director as owner (the holder of the fee simple in the land) there is no way the son, a non veteran can mortgage or charge the land nor can the father increase his VLA loan. Page 8 Meeting Committee of Adjustment, September 15, 1971: The Secretary was instructed to request the applicant to submit a certified Plan of Survey, prepared by an Ontario Land Surveyor and to also inform him that in the event a severance is granted the following restrictive clause will be inserted in the deed: "Subject to the restriction, limitation and condition that the _lands herein -described shall not be sold, transferred or conveyed, or any equity therein, with the exception of a mortgage, be sold transferred or conveyed to any person, firm or corporation other than to a person who is a member of the "Yeo" family for a period of at least 5 years from the date upon which the decision of the Committee of Adjustments of the Township of Clarke to the within conveyance becomes final, such date to be shown on the copy of the decision of the said Committee which is attached to and forms part of this Deed" Application adjourned awaiting submission of the Plan of Survey. CLASSIFICATION 10 "A" Application File No. 336-71 A. Sidney Hallowell Owner, R.R. #1, Orono, Ontario, B.M. Kortekaas, Agent, 9 George St. Brooklin, Ontario, for part of Lot 13, Con 4, Township of Clarke, Submission No. 79' 3��- ask Application was made for exemption or partial exemption from provisions of the Planning Act so as to permit the separation of 660'x3300.00' being approximately 50 acres in area from the applicant's land The Secretary reported that 20 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Sidney Hallowell, the applicant, accompanied by Mr. B.M. Kortekaas as agent appeared in support of this application. Mr. & Mrs. Wm. Cahais, R.R. 41 Orono, Ontario, als appeared. No other person appeared in support of, or in opposition tothis application. The Secretary -Treasure: presented the following material to the meeting: 1. Correspondence from. Richard Lovekin B.A. LL.B., Barrister & Solicitor, Newcastle, Ontario. The Committee noted the contents thereof; Mr. Lovekin disqualified himself from the hearing, having previous knowledge of this application. 2. A Preliminary Sketch of survey prepared by M.D. Brown OLS., Bowmanville, Ontario, dated August 17, 197; Mr. K. Schoenmaker, senior member and Mr. E.F.R. Osborne heard the matter: Mr. Sidney Hallowell, under oath, stated that he owned 150 acres which he acquired in 1944. The land was partly bush and the rest good farmland. There are no buildings on the property. A creek runs across the property, shown on the Plan of Survey as "Mulligan Creek" Mr. B.M. Kortekaas, under oath, stated that he wished to buy the 50 acres, under discussion, and his intention is to build a single family dwelling within the present by-law requirements. He wishes to farm it or ranch it on a small scale. Mr. and Mrs. Wm. Cahais were questionned and their concern was whether the fences would be kept in good repair and the weeds kept under control. They are abutting owners to this property, which is to the East of them. To the west of their property they are having the stated problems. In actual fact, their property is situate in the middle which places them in the position of possible fence problems on both sides, if the adjoining owners do not co-operate. They own 100 acres and are conducting a bona fide farming operation with cattle etc. Mr. B.H. Kortekaas stated verbally that he was well aware of the Line Fences Act. Following further discussion Mrs and Mrs. Wm. Cahais stated they had no objection to this application, providing the land was not allowed to lie waste and the fences maintained. Application adjourned to enable the Committee to inspect the property. CLASSIFICATION 10 "A" Page 9 Meeting Committee of Adjustment, September 15, 1971: Application File No. 340-71 341-71 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. A 8«o.7i-s(, Submission No. n 34i_ 71- s2 Applications were made for exemption or partial exemption from provisions of sub -division control by-law 1592 with amendments thereto to allow reduction from required set back under section 3.8 as follows:. L22 340-71 - set back from 1001 to '35• Application 341-71 - set back from 100' to 81, The Secretary reported that 13 notices of the said hearing had been mailed in accordance with Item 4 of The Rule of Procedure. These hearing notices contained information regardntHe two applications to be presented. Mr. Jan Ochonski, the applicant, accompanied by his agent W. Kay Lycett.B.A., Barrister & Solicitor, Orono, Ontario, appeared in support of this application. Mr. Merrill Brown, OLS., Bowmanville, Ontario, 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 W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario. The Committee noted the contents thereof and also that the letter is dated August 20, 1971; 2. Photostat copies of correspondence from: (a) Merrill D. Brown Limited, signed "M.D. Brown" Bowmanville, Ontario, dated June 22, 19719 addressed to .Mp. Horace Best, Building Inspector, Township of Clarke, - Municipal Offices,, Orono, Ontario. This letter indicated to Mr. Best, Mr. Brown's interpretation of"sec 3.8 Lands Subject to Flooding". _The Committee noted the contents thereof; (b) Merrill D. Brown OLS to Mr. Horace Best, dated July 5, 1971 Re: Watercourse - Lot 22, Con 1, Township of Clarke. The Secretary was instructed to include the relevant facts in these minutes. "Dear Sir: I have received instructions from Mr. Jan Ochonski to investigate the watercourse running between Parcels 15 and 16 as shown on the enclosed plan. I have superimposed contours on the plan at a 2h foot interval in the proximity of the watercourse. As you know, the watershed to this drainage runs in vacant agricultural land that has not been worked for several years. The average slope of the land adjacent to the watercourse is approximately 1%. The area drained by the watercourse is approximately 25 acres. Due to neglect and lack of vegetative cover, a ditch of approximately 2 to 2'h feet in depth has been eroded for about 200 feet Easterly from the road. The watercourse leads to a 43" X 27" corrugated metal pipe -arch culvert. I examined the watercourse on June 28, 19719 shortly after a very intense rainfail'on the evening of'June 27, estimated at 2 to 3 inches of rainfall in a 6 hour interval. There was absolutely no evidence of flodding in the area of the watercourse. In fact there was' no evidence of any appreciable run-off at -all as the small weeds within the channel and in the pipe -arch were not even disturbed or eroded around the roots. Page 10 Meeting Committee of Adjustment, September 15, 1971:. The reason for the relatively low run-off for this water- cot4rse is obvious. This area is very near the origin of the watershed. The agricultural land is Bondhead Sandy Loam which displays good porosity and drainage characteristics. The slope of the land adjacent to the watercourse is in the order of 1%. The maximum area of land drained by the watercourse is small compared to the size of the culvert under the road. The exist- ing culvert is capable of handling the run-off from approximately 116 acres. From the above, it is my opinion that this watercourse has no potential for flooding, and therefore does not have a flood plain within the meaning of Section 3.8 of By-law 1653. I have indicated on the enclosed plans the proposed diversion of the watercourse along the South limit of what, I presume, is to be a road allowance. If the ditch diversion is made to the same grade and cross-sectional area of the existing channel it will not create a water problem to either Parcel 15 or 16. I trust that you will find the enclosed information of assistance in this matter." "M.D. Brown" (c) Ganaraska Region Conservation Authority, Suite 201",Shopping Centre, Oshawa, Ontario, dated August 18, 1971 to Mr. Horace R. Best - Dear Sir: Re: Watercourse Lot 22 Concession 1 Township of Clarke - ith reference to your request for comments on the watercourse running between Parcels 15 and 16 shown on the M.D. Brown 015 Plan dated August 30, 1965 (contours added July 5, 1971) this is to advise that the site has been examined. The watercourse is a drainage ditch draining relatively level farm land east of the road allowance between Lots 22 and 23. The watercourse flow under this road in an arch culvert intg well defined valley west of the road. However, this watercourse on the subject site is intermittent, carrying runnoff water in the spring and following heavy rain fall. The diversion of this ditch proposed on the M.D. Brown plan appears to be feasible to permit construction on Parcel 15. We-weu}d-eseauaes�-kta-tkze` -veE;6}sa}4, asd-se��e�-}auaed}ale}}-a€des-�adwg, We would recommend that the diverted ditch be designed to adequately carry flood flows and with the side slopes not steeper than 2e1 (2 ft. horizontal to 1 ft. vertical) and sodded immediately after grading." "S.B. White" 3. Photostat copy of Lot IResources Manager. nspection Application, Haliburton, Kawartha, Pine Ridge District Health Unit, Cobourg, Ontario, signed "R. MacNaull" dated August 30/71 with comments "Conditional approval -subject to existing channel being back filled and construction of a ditch diversion to handle run-off." 4. Plan of Survey prepared by M.D. Brown.OLS, Bowmanville, Chtario, dated August 30, 1965 (contours added July 5, 1971) #65042. W. Kay Lycett B.A.,'Barrister & Solicitor, agent for the applicant made the following submissions: 1. Mr. Ochonski is the equitable owner of two parcels of land shown as parcels 15 and 16 on a sketch of survey. 2. Apparently, the water course, which runs only seasonably, exists somewhere between the two lots which are indicated on the Plan of Survey; 3. These applications are for a minor variance to allow the issuance of building permits; 4. It is impossible to acquire additional land to allow erection of a house 100' or more from the seasonal water course situate on or near the said land; Following discussion with Mr. Brown OLS., and perusal of the Plan of Survey presented, Mr. Ochonski under oath indicated that he was agreeable to the proposal of a ditch diversion to handle the water run off. Applications adjourned to enable the Committee to inspect these lots. CLASSIFICATION 10 "A" Sec. 3.8' Page 11 Meeting Committee of Adjustment, September 15, 1971: Application File No. 342-71 Mr. Gerald A. Wanless, Owner, R.R. 41 Orono, Ontario, (84 Chestnut Park Road,) Toronto, Ontario, for part of Lot 19, Con 5, 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 15851x12001x325' being approximately 9 acres in area from the applicant's land. The Secretary reported that 21 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. 11 Mr. Gerald A. Wanless, the applicant, appeared in support of this application. The following persons also appeared: Mr. G.R. Clark, R.R. #1 Orono, Ontario; Mr. Wm. Moffat,-R.R. #1 Orono, Ontario, Mr. David Allison R.R. #1, Kendal, Ontario. 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 G.A. Wanless to Mrs. E.M. Yeo, Secretary -Treasurer, Committee of Adjustment. The Committee noted the contents thereof; Mr. G.A. Wanless, under oath, made the following submissions: 1. He is the owner of three abutting farms, comprising approximately 530 acres; 2. These farms were purchased to make it a n economic farm unit; 3. This application is for permission to sever approximately 9 acres on which is situate a dwelling house and farm buildings. This house has been unoccupied since last year and is of no use to him in the farming operation. The 9 acre area was chosen as a natural boundary. He is not farming the land this year, but renting the land; Mr. G.R. Clark under oath stated that he would be in favour of this severance and would like to see the house occupied dnd the grounds looked after. As it stands now it is becoming dilapidated and overgrown with weeds. I Mr. David Allison, R.R. #1, Kendal, Ontario, under oath stated that he had managed and operated the farming operation for the applicant as a beef cattle, hay and grain operation. The farm machinery is worth approximately $25,000.00 Mr. Wm. Moffat, R.R. #1, Orono, Ontario, under oath stated that he had no objection to this application, but he questionned the size of the proposed lot with the house and barn. The barn, in particular he stated was approximately 401x100' in size. He would not like to see the barn used for any other purpose (i.e. feed lot etc.) The Committee perused a photostat copy of a sketch of the farm properties owned by the applicant. Mr. Wanless pointed out a hatched area which is where the buildings are located, which he proposes to sell; the buildings shown on the south half of lot 20 con. 5 are occupied by his parents; the buildings shown on south half of Lot 18 con 5 are a semi-permanent pattern place for himself and his wife; his permanent residence is in the City of Toronto. The lot in question is Lot 19, con. 5. Following further discussion, this application was adjourned to enable the Committee to inspect the property. CLASSIFICATION 10 "A" Page 12 Meeting Committee of Adjustment, September 15, 1971: Application File No. 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.'W3 y3- 71- 5% Application was made for exemption or partial exemption from provisions of sub -division control -by-law 1592 with amendments thereto to allow a minor variance from appendix 1 (e) required rear yard from 35' to approximately 27.5' in an Agriculture Zone. The Secretary reported that 17 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. G. Hickey, as 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. Photostat copy of an unsigned and undated part of Plan of Survey, showing in outline the area of the subject land. Mr. G. Hickey, under oath, stated that-hd had been authorized by Foley Plumbing Ltd. to act as agent. The Committee requested Mr. Hickey to submit a written authorization from the applicant. Mr. Hickey also stated: 1. This property was purchased on or about November 14, 1967, deed registered March 31, 1969; 2. The reduction from 35' to 27.5' in rear yard will affect only one corner of the building; 3. The dimensions of the lot are approximately 1 acre but being "pie shaped" it is not possible to build a normal size house; Mr. Hickey produced a photostat copy of a house having approximately 1552 sq. ft. of living area without a garage which he .felt would conform to the present by-law. Application adjourned to enable the Committee to inspect the property and also receipt of the requested written authorization from the applicant'and owner. CLASSIFICATION 10 "A" Append 1 (e) Application File No. 344-71 0 Ivan St.'Clair Sequeira, Agent, Barrister & Solicitor, 140 Seventh Street, Toronto 5102 Ontario, Margaret Duke Estate, Owner Executrix' -Gloria Leitch for part of Lot 9, Con 19 Township of Clarke, Submission No.,'B13vv-7.- asi Application was made for exemption or partial exemption from provisions of the Planning Act so as to permit the separation of 122.001x1331x307' being approximately 0.92 acres from the applicant's -land in•an "RR" zone. Page 13 Meeting Committee of Adjustment, September 15, 1971:, The Secretary reported that 24 'notices of the said hearing had been mailed in accordance with Item 4 of The -Rules of Procedure. Mr. Merrill Brown, OLS., Bowmanville, Ontario, as authorized agent and Ivan°St. Clair Sequeira, c/o Johnston & Douglas, Barristers & Solicitors, 140 Seventh St. Toronto 510, Ontario, appeared in support of cthis application. Also appearing were the following persons: Mr. James McCarron, Newtonville and Mr. Wm. McCarron Newtonville Ontario. 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 Merrill D. Brown Limited, Bowmanville, Ontario, dated August 23, 1971 signed "M.D. Brown". The Committee noted the contents thereof; 2. Direction dated 17th day of August, 1971, signed "Ivan St. Clair Sequeira" Solicitor, authorizing Mr. Brown to represent the application; 3. Photostat copy of preliminary plan of survey, prepared by Merrill D. Brown Limited, Land Surveying & Engineering, 121 Queen Street, Bowmanville, Ontario, annotated "Alternative 1" 4. A certified Plan of Survey, prepared by M.D. Brown OLS 1106, dated August 19, 1971, File 71122 outlining in "red" a centre lot with area of 0.92 acres, the subject of 'this application. Mr. Ivan St. Clair Sequeira, Barrister & Solicitor, stated that due to a cancellation of an appointment previously made, he was able to attend this meeting, however, he wished Mr. Brown to represent the applicant as authorized in the referenced Direction. Mr. Brown, under oath, made the following submissions:. 1. This is an application for severance of a lot having an area of 0.92 acres in the Hamlet of Newtonville, Ontario, zoned "RR"; 2. This property has been vacant for many years. We feel that the restrictions in amending by-law 1653 for an established community such as Newtonville, are excessive for single family houses in view of the fact of the density of the area. The""RR" zone requires 150' frontage and an area of 1 acre of land. 3. The situation here is that we have an area of 2.7 acres in all and the application is for the"severance of the centre portion thus creating a multiple severance; It is possible of course to creat 2 parcels but this would be very large, especially when properties to the east are already existing undersized lots; 4. These lots have a frontage each of 122' on the road allowance between Concession 1 and 2 and frontages of 124.331; 143.70'; 143.70' on Highway #2; Mr. Brown referred to the photostat copy of a preliminary plan of survey which showed as an alternative the severance of two 1 acre parcels with each having a frontage of 183' and stated he was of the opinion that the application as presented was preferable. Page 14 Meeting Committee of Adjustment, September 15, 1971: Mr. James McCarron, under oath, stated that he was interested in buying the abutting property to be added to his present holding. He owns a small parcel immediately to the east of the land under consideration. The frontage is 39.50' with a depth of 101.04' and has a dwelling thereon where he lives. The Committee advised Mr. McCarron to contact the building inspector to ascertain the requirements.under the present by-law, in view of the fact that he might wish to meld the property with the one he now owns. This application was adjourned to enable the Committee to inspect the property. CLASSIFICATION "RR" Application File No. 345-71 Mr. Robert Moffat, Owner, Box 37, Orono, Ontario, for part of Lot 26, Con 6, Township of Clarke, Submission NO.'F'3y� � -as'�L Application was made for exemption or partial exemption from provisions of the Planning Act so as to permit the separation of 1001x150' being approximately 15,000 sq. ft. from the applicant's land, in an Agriculture Zone. The Secretary reported that 19 notices of the said hearing had been.mailed in accordance with Item 4 of The Rules of Procedure. Mr. Robert Moffat, the applicant, appeared in support,of this application. The following persons also appeared:- Mr. & Mrs. Carman G. White, R.R. #1 Orono Ontario; Mr. & Mrs. Alex Moffat, R.R. #1 Orono, Ontario. No other person appeared in support of, or in opposition to this application. The -'Secretary -Treasurer presented the following paterial to the meeting: - 1. Photostat copy of a Plan of Survey, prepared byM.D.. Brown OLS., Bowmanville, Ontario, dated September 24, 1962, #69025; Mr. Moffat, under oath, stated the following facts: 1. He owns a farm of approximately 124 acres, which he has worked for 41 years; 2. The subject land was surveyed in 1962 but never severed; there is a good water supply from a well dug in 1963 and the lot is fenced; 3. This is a centre lot, abutting lots on each side were sold in 1962; Application adjourned to enable the Committee to_inspect the property. CLASSIFICATION 10 "A"- Page 15 Meeting Committee of Adjustment, September 15, 1971: Application File No. 346-71 Merrill D: Brown OLS., Agent, Frapk E. Sutton, Owner, R.R. #2, Oshawa, Ontario, for part of Lot 30, Con 4, Township.of Clarke, Submission No:14"3 v6 -W - 4` 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'3,17-71 -6J Applications were made for exemption or partial exemption from provisions of sub -division control by-law 1592 with amendments thereto .to allow a minor variance from the set back under section 3.8 Lands Subject to Flooding: in an Agriculture Zone. The Secretary reported that 21 notices of the said hearing had been mailed in accordance with Item 4 0£ The Rules of Procedure for these two applications. Mr. Merrill Brown, OLS., Bowmanville, Ontario, as author zed agent for these two applications and Mr. & Mrs. Rowland Spencer, 137 King St. E.,Bowmanville, Ontario, appeared in support of these applications. No other person appeared in support of, or in opposition to these applications. Mr. Cecil Malley, R.R. 41, Orono Ontario, also appeared. i < The Secretary -Treasurer presented the following material to the -meeting:. 1. Two Directions, dated 30th.day of August 1971, signed "Dennis Mackey" and "Frank Sutton" appoint Merrill D. Brown, Ontario Land Surveyor, to act as -their agent in these applications; 2.. A certified Plan of Survey, prepared by M.D. Brown OLS., Bowmanville, Ontario, dated July 23, 1971 (Revisions Aug. 24, 1971) File 71098; Mr. M. Brown, under oath, stated the following facts: 1. While there are technically two separate applications herein; the facts are identical and would apply in . each case; 2. These applications are for relief from section 3.8 . requiring 100' from a watercourse; 3. Mr. Brown stated that he had been given an opinion that to be called a "watercourse" within the meaning. of the Municipal Drainage Law, it must be confined within a channel and a bed must be in evidence. The Committee Jacked Mr. gown whether he thought this definition constituted a reasonable definition and he replied -"yes". Mr. Brown indicated on the Plan of Survey -the watercourse ; contour lines which he stated represented the water's edge increments of one and increase in water level and also indicated on the plan where apparent drainage appears. Following further discussion these applications were adjourned .to permit the Committee to inspect the properties. CLASSIFICATION 10 "A" sec. 3.8 Meeting adjourned at 12:30 a.m. Z© -YJ J • p-0 Z `Secretary-Treas er Chairman