Loading...
HomeMy WebLinkAbout01/10/1972Page 5 Meeting in Committee, December 17y 1971: 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" Appen 4 Meeting adjourned at 4:30 p Secr'etary-TreasUrer MEETING OF THE COMMITTEE OF ADJUSTMENT Monday, January 10, 1972 at 7:00 p.m. Council Chamber, Orono, Ontario. r Present: E.R. Lovekin B.A. LL.B., Chairman, -E,F.R. Osborne, Member, Mrs. Ellen M. Yeo, Secretary -Treasurer The minutes of meeting held on December 17, 1971 were approved on motion by E.F.R. Osborne and seconded by E.R. Lovekin. Carried. - The chairman, E.R. Lovekin, annoumed that due to the absence of Committee Member K. Schoenmaker, a meeting would be held at 1:00 p.m. Wednesday January 12th, in the Council Chamber, at which time any outstanding matters and decisions would be considered.' Applicants were invited to attend this meeting if they wished. The following applications were then dealt with - - - Application File 247-70 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, .tan Ochonski, Owner, R.R. 42 Orono, Ontario, for part of Lots 6 & 7, Block "H", W., side, Church St. Village of Orono, Twp. of Clarke, Submission As business arising from minutes of past meetings, this application was brought forward for further consideration. Mr. Jan Ochonski, applicant, appeared in support of this application. No other person appeared in support of, or in opposition to this application. The fol-iowing persons also appeared - Mrs. Emil Schmid and Mr. A. Van den Heuvel, abutting owners. The Secretary-Treasurerpresented the following material to the meeting:. 1. Correspondence from W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated December 20, 1971. The Secretary was instructed to include, the relevant facts in these minutes - "You will remember that the above noted application for . . . . . .severance was adjourned sine die pending the official closing of a road allowance and conveyance of part of the road allowance to my client, Ochonski, V1 Page 2 Meeting Committee of Adjustment January 10, 1972: 1. cont' d adding to the present holding of Mr. Ochdnski. This has now been completed and for your information I am enclosing herewith a copy of the first and second pages of a deed to him from The Corporation of the Township of Clarke which has been registered in the Registry Office at °Bowmanville, 'as No. 52235." 2. A Plan of Survey, prepared by M.D. Brown OLS.; Bowmanville, Ontario, dated June 18, 1971 annotated " to be deposited under part 11 of the Registry Act, June 24, 1971 signed "Merrill D. Brown" "received and deposited as Plan 1OR 86 July 2, 1971 signed "J. Brough:" Mr. A. Van den Heuvel and Mrs. Emil Schmid, having viewed the Plan of Survey presented, showing the addition to the lots and the alteration to the boundaries stated that they had no objection to the creation of two lots, in fact, they would be pleased to seethe land developed. However, they made it clear to the Committee that they reserved their right to object to any change in land use in the area, whether this would be accomplished by by-law or otherwise. It was drawn to the applicant's attention that the original application had shown a width of 84.15' and a depth of 1521. The depth was altered by his solicitor W. Kay Lycett to 1321. With the acquisition of the lands from Princess Street, now closed, the proposed division of the lots to be created is outlined in "green" on the Plan of Survey and amended showing that the lots to be created have approximately 76' frontage on Church Street and 167' in depth. Mr. Jan Ochonski, applicant, requested permission to amend the application. The Committee granted this request and the dimensions were changed and initialled by Mr. Ochonski. The Committee referred to the minutes of July 12, 1971 and it was noted that Mr. Ochonski stated "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 any re -zoning to multiple dwelling buildings, as this was not a matter before the Committee.Mr. Ochonski concurred with the Committee on this point. Application adjourned for further consideration at the meeting to be held on January 12, 1972. CLASSIFICATION SEC 4 (RI) "J" Application File 354-71 Application File 355-71 Messrs. Swartz and Swartz,Agent, Barristers & Solicitors, 261,� King Street East, Oshawa, Ontario, Vernon John Stacey, Owner, Newtonville, Ontario, for part of Lot 10, Con 1, Township of Clarke, Submission No. "B"354-71-257 Submission No. "A"355-71-66 As business arising from former minutes, these applications were presented for further consideration. Page 3 Meeting Committee of Adjustment January 10, 1972: Mr. Vernon John Stacey appeared in support of these applications. No other person appeared in support of, or in opposition to these applications. The Committee recalled that this was a situation where, originally, a rather irregular shaped parcel had been created due to the fact that the applicant had to buy sufficient land to qualify under VLA Legislation (ref. minutes Dec. 17, 1971). r. Stacey presented the following material to the meeting: 1. A photostat copy of Lot Inspection Report from the Haliburton Kawartha, Pine Ridge District Health Unit, Cobourg, Ontario, signed "B. MacNaull" dated January 5, 1972, outlining the position of the well, proposed dwelling; septic tank and tile bed, annotated "approved Septic system not to be installed until spring; well in front yard and septic system in rear yard." This being all the information required, the Committee - 1. Perused the Plan of Survey, attached to the Application norm for Consent; 2. Referred to the minutes of meetings November 29 and December 17, 1971; 3. Recalled their inspection of the property on December 17, 1971; and were satisfied that this parcel had been created under very special circumstances. Application 354-71 for severance of a lot 1001x30212approximately 25,000 square feet was granted on motion by E.R. Lovekin, seconded by E.F.R. Osborne, carried.` Application 355-71 for a minor variance from the required frontage of 150' to 100' was granted on motion by E.R. Lovekin, seconded by E.F.R. Osborne, sugject to the following conditions:. 1. TAKE WARNING that this decision, for a minor variance of the Clarke Township Committee of Adjustment IS NOT F7:NAL 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 y to issue any and all necessary permits or to take any �J steps necessary to implement this decision. CARRIED. CLASSIFICATION "RR" Page 4 Meeting Committee of Adjustment January 10, 1972: Application File No. 359-71 Wolfgang Paus Owners, Ernst Konzelmann R.R. 41 Orono, Ontario, for part of Lot 24.Con 4, Township of Clarke, Submission CApplication was made for exemption or partial exemption from provisions of the Planning Act so as to permit the separation of approximately 55.635 acres from the applicants' land. The Secretary reported that 15 notices of the said hearing had been mailed in accordance with Item 5 of The Rules of Procedure. Messrs. Wolfgang Paus and Ernst Konzelmann, applicants appeared in support of this application. No other person appeared in support of, or in opposition to this application. The following persons attended - Mr. Brooks Cowan, Orono, Ontario, Mortgagee and Mr. Frederick G. Yeo, Farmer and neighbour. The Secretary -Treasurer presented the following material to the meeting: 1. Plan of Survey prepared by D.H. Black, OLS., 310 Painted Post Drive, Scarborough 721, Ontario, signed "D.H. Black", dated 25 August 1971; Mr. Wolfgang Paus and Mr. Ernst Konzelmann under oath stated the following facts: 1. They are joint owners of 103.300 acres, purchased on or about December 1969; 2. Mr. Konzelmann owns one set of buildings, comprising a dwelling houm and a barn, situate on the north east corner 4.046 acres of the property; 3. The barn is in poor repair and is to be demolished; 4. The dwelling house occupied by Mr. Konzelmann and his family is the former farmhouse which has been renovated, this was done on or about 1970; 5. Mr. Paus owns a dwelling house, built in 1970 which is situate some distance to the West on the property; both these homes front on a well travelled Concession road; 6. It is proposed to sever an area of 55.635 acres from the centre of the farm to Mr. Paus, this would include that part on which his house is situate; 7. The remainder of 43.616acres and the north east corner of 4.046A'_ ere Mr. Konzelmann now i.° lives would remain in Mr. Konzelmann's name; The Committee indicated that if this severance were granted they would place a restriction for at least a period of 5 years, on'the remaining 43.616 acres. Messrs. Paus and Konzelmann indicated their agreement to this proposal. Application adjourned to enable the Committee to inspect this property. CLASSIFICATION 10 "A" Page 5 Meeting Committee of Adjustment January 10, 1972: Application File #360-71 Albert Carlos Tamblyn, Owner, R.R. #1, Orono, Ontario, for part of Lot 24, Con 5, 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 approximately 1 acre, having an area of 1 approximately 150' x 2901 from the applicant's land. �J The Secretary reported that 13 notices of the said hearing had been mailed in accordance with Item 5 of The Rules of Procedure. Mr. Wm. Tamblyn, son of the applicant, appeared in support of this application. No other person appeared in support of, or in opposition to this application. The following persons appeared - Mr. Charles A. McMaster, 15 Centre St. Bowmanville, Ontario and Mr. Frank Grosvenor, 137 Yardly Ave. Toronto 16, Ontario, both owners of lots to the West of the farm. Mr. Wm. Tamblyn, under oath stated as follows: 1. He is the son of Carlos Tamblyn, and the proposed purchaser of the farm; 2. His father has farmed this land for approximately 46 years; 3. This application is for permission to sever a lot approximately 1 acre to enable his father to build a home'and remain on the farm; 4. The proposed dwelling will be situate on the north west corner of the farm with frontage on' Concession 6, a well travelled road; 5. Replying to several questions concerning the farming operation lair. Tamblyn stated; they own a dairy herd; ship milk; their quota is 901 pounds; they own 100 acres on which they live; also own 75 acres across the road and 128 acres immediately south and abutting the 100 acres ' under discussion; they have an apple orchard of approximately 6 acres; This application was adjourned to enable the Committee to inspect the property. CLASSIFICATION 10 "A" Application File No. 361-71 Kaspar Hollen, 'Owner, Application File No. 362-71 Newtonville P.O., for part of Lot 3, Con 1, Township of Clarke, Submission No. A 3/��.-•��_ 47 Submission No. 4 3/.-7i-68 Two applications were made for exemption or partial exemption from provisions of sub -division control by-law 1592 with amendments thereto allow relief from front yard requirement of 50' and set back of 93' to permit single family dwellings to be constructed so that the main wall shall be 30' from lot line. Page 6 Meeting Committee of ,";djustment,January 10, 1972:. The Secretary reported that 14 notices of the said hearing had been mailed in accordance with Item 5 of The Rules oftProcedure. Mr. Kaspar Hollen, the applicant, accompanied by Mr. Wayne Jeffery, proposed purchaser of Lot #1 appeared in support of this application. No other person appeared in support of, or in opposition to this application. One Mr. Craig Corner, the proposed purchaser of Lot #2 did not appear in support of the second application and no other person appeared in support of, or in opposition to this application. The Committee noted that there are two applications for minor variance. The facts being identical these will be considered at the same time. Mr. Kaspar Hollen, under oath, stated as follows: 1. Of four lots created and consented to liy the Committee of Adjustment (ref. "B"15-66-25 October 24, 1966) registered under,instruments 4N28038 and #N28037, two have been sold and built on, these two being the 2 lots closer to #2 Highway; 2. The two applications,' presently before the Committee, are for minor variances on the remaining two lots, now being sold. 3. The request is for relief from front yard requirement of 50' and set back of 931, for both lots, to permit a single family dwelling to be constructed so that the main wall will be 30' from lot line; 4. The purchasers wish to build a house with a 63' set beck which will put them in line with a projected building line from the other two houses. To set a new house any further would result in the front of the new housb lookinginto the rear of the existing -house. There is also ,a sharp gradient at the rear of the proposed lot which would make it impractical to build too close to the rear of the said lot; Mr. Wayne Jeffery, proposed purchaser, under oath,' agreed with the facts as presented by Mr. Hollen. Mr. Jeffery presented to the Committee for their perusal a photostat copy of Lot Inspection Application signed "R. r4acNaull" annotated "approved: septic system & well to be located on high ground, septic system in the front yard (NW) & Drilled well in the rear yard (SE)and also outlining position of dwelling, tile bed, septic tank and drilled well on the property.(dated Nov.23/71). Mr. Kaspar Hollen also appeared as the owner cestui-que- trust one Theodore Welter of R.R. 42 Newtonville, Ontario, actually holding the property in trust. This is the Lot 02 being sold to one Craig Corner. The Committee recalled that this is a dead end road and Mr. Hollen in his sworn testimony stated that he had brought the road up to standard and, therefore, there is little or no likelihood in the future that any lands would be required for road widening. The Committee compared the photostat copy of a Plan of Survey included in the application forms with the Original Plan of Survey prepared by M.D. Brown OLS, Bowmanville, Ontario, certified and dated July 14, 1966, 965142 and were satisfied that this was a true copy. Page 7 Meeting Committee of Adjustment January 10, 1972: Mr. Wayne Jeffery handed the Committee a photostat copy of Lot Inspection Application for Lot #2, Craig Corner, signed "R. 111acNaull', dated November 23, 1971 outlining position of drilled well, dwelling house, tile bed and annotated "approved septic system & well to be located on high ground, septic system in the front yard (SW) and drilled well in the rear yard (NE). The Secretary was instructed to indlude this copy in the file. I,1r. Hollen informed the CommiL-tee that Mervyn B. Kelly B.Comm. LLB, 28 King St. W. Bowmanville, Ontario, will be acting for him in tne'matter of these sales. Mr. Jeffery informed the Committee that J.A. Yanch Q.C., 8 Simcoe St. South, Oshawa, Ontario, will be acting for him in the matter of his purchase. These applications adjourned to enable the Committee to inspect the properties. CLASSIFICATION 10 "All' Mr. A. Sidney Hallowell, R.R. #1 Orono, Ontario, (File 336-71-256) and Mr. M.A. Pat Yeo, 47 First Avenue, Bowmanville, Ontario, (re File 351-71-65 Wm. S. Brandt) attended the meeting and requested an interpretation from the Committee regarding their decisions on these two applications. The Chairman, E.R. Lovekin, suggested that these gentlemen attend a meeting to be held on Wednesday, January 12, at 1 p.m., at which time Mr. K. Schoenmaker would be in attendance and the Committee would be in a position to consider these matters more fully. General Business: l Secretary -Tread rer The Secretary -Treasurer presented correspondence from Mr. K.G. Hessel, Secretary -Treasurer, London Committee of Adjustment, London, Ontario, and Mr. Grant N. Slater, 28 Upper Canada Dr., Willowdale, Ontario. Replies were dictated, deeds were signed and approved by the Committee; and this being all the business at this time, meeting adjourned at 10:30 Chairman