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HomeMy WebLinkAbout01/12/1972MEETING OF THE COMMITTEE OF ADJUSTMENT Wednesday, January 12, 1972 at 1:00 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 approved on motioA by E.F.R. Osborne Carried. Application File No. 247-70 January 10, 1972 were and seconded by-E.R. Lovekin. W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Jan Ochonski, Owner, R.R. #2 Orono, Ontario, for part of Lots 6 & 7, Block "H", W. side, Church St., Village of Orono, Twp.of Clarke, Submission No. "B"247-70=258 As business arising from past minutes this application was brought forward for further consideration. ' No person appeared in support of, or in opposition to this application. Following further review of this application, the Committee: 1. Referred to minutes of meetings held on May 11, June 1, 1970; July 12, 1971; January 10, 1972; 2. Perused the Plan of Survey, prepared by M.D. Brown OLS., Bowmanville, Ontario, dated June 24, 1971 File 71079, and deposited as Plan 1OR 86, July 2, 1971, Registry Division of Durham West; 3. Recalled their inspection of the property on May 289 1970; The Committee realize that by granting this application they are, in effect, granting 2 lots, but are also of the opinion that the lots as presently established meet all requirements. Application granted on motion by K. Schoenmaker and seconded by E.F.R. Osborne that this application be granted for single family dwellings only in an "RI" Zone . Carried. CLASSIFICATION SEC 4 (RI) "J" Application File No. 359-71 Wolfgang Paus Owners, Ernst Konzelmann, R.R. #1 Orono, Ontario, for part of Lot 24, Con 4, Township of Clarke, Submission No. "B"359-71-259 As business arising from minutes of meeting January 10, 1972 this application was brought forward for further consideration. Mrs. Irene Konzelmann, wife of applicant Ernst Konzelmann appeared in support of this application. Mr. Ernst Konzelmann applicant, also appeared, prior to the conclusion of the meeting in support of this application. No other person appeared in support of, or in opposition to this application. Page 2 Meeting Committee of Adjustment January 12, 1972: Mrs. Irene Konzelmann, under oath, verified the facts submitted by her husband Ernst Konzelmann at the meeting held on i�ionda.y, January 10, 1972 and as read to her by the Secretary. Mr.Konzelmann appeared at the meeting and in reply to a question from the Chairman re ownership, verified that the property con- sisting of approximately 103 acres was held in the joint names of Ernest Konzelmann, Builder, Irene'Konzelmann; - Paus Wolfgang, Construction Superintendent, Ingedore Paus. The application was J amended to show this ownership, initialled by Mr. Konzelmann, witnessed and initialled by 14r. Henry DeWith, Acting Clerk. With reference to para. 9 "Purpose for which the subject land is intended Lo be used, if known" Mr. Konzelmann stated that, to his knowledge, Mr. Paus would continue to use the 55.635 acres for "gentleman farming". This too was initialled by Mr. Konzelmann, witnessed and initialled by i-ir. Henry Lewith, Acting Clerk. The Committee noted that on the Plan of Survey, the area of 4.046 acres on the north east corner is surveyed off, but the location of the Konzelmann dwelling is not shown. .Also there is no evidence of where the Paus dwelling is located to tie west on the 55.635 acres. As a matter of record the Committee inspected this property at 3:30 p.m., after this meeting, and noted the following facts: 1. The barn wall was crumbling and ridge pole snowed sig -is that the building as a whole was sagging; 2. All other facts observed were in conformity with the evidence given with no apparent major discrepancy; Following further discussion this application was granted on motion by Z.F.-R. Osborne and seconded by K. achoe-nma.ker, subject to the following conditions: 1. That the barn which is partially on the property to be severed, shall be demolished as it appears to be unsafe and that the owners shall file with the Committee an "Undertaking" to deiaolish the sjid barn within one year of the dale of the final decision herein and that failure to do so shall give the Building Inspector of The Corporation of the Township of Clarke permission to enter upon the property and remove the said barn, at the expense of the owners; 2. That no building permit for dwelling units on the remaining 43.616 acres be granted for a period of five (5) years from the date of this decision; 3. That the following clause shall be included in the deed to the remaininc 43.616 acres: "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 conv,cyed to any person, firm or corporation other than to a person who is a member of the Konzelmann family for a period of five (5) years from the date upon which the decision of the Committee of Adjustment of the Township of Clarke to the within conveyance becomes final, such date to be as shown on the copy of the decision of the said Committee which is attached to and forms part of this Deed. Carried. J CLA'SSIPICATION 10 "A" . . 0 . . . . . . . . Page 3 Meeting Committee of Adjustment January 12, 1972: 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. "B"336-71-256 Mr. A. Sidney Hallowell, attended the meeting, to discuss with the Committee the matter of the Plan of Survey presented to the meeting on November 29, 1972, at which time this application was granted. Following a discussion the Secretary was instructed to include the following addendum in these minutes: - The Plan of Survey first presented was a severance for 54.55 acres. Consent was given to sever approximately 50 acres. The amended survey shows a severance of 51.54 acres and the Committee were of the opinion that the Plan of Survey showing 51.54 acres is in conformity with their decision and, therefore, instructed the Secretary to stamp the deed with consent contain- ing the amended Plan of Survey of 51.54 as this complies with the decision. The confusion was apparently caused because the first survey was prepared and submitted, the date of the hearing, by Mr. M.D. Brown OLS., as agent, and had not been seen by the applicant A. Sidney Hallowell. CLASSIFICATION 10 "A" Application File No. 351-71 (Addendum) Wm. S. Brandt, Owner, Leskard, Ontario,, for part of Lots 31 & 327 Con 7, Township of Clarke, Submission No. "A"351-71-64 Mr. M.A. Pat Yeo of Bowmanville, Ontario, proposed purchaser of this property appeared at the meeting to discuss with the Committee a recommendation from the Ganaraska.Region Conservation Authority which had been included in their decision on the 17th day of December, 1971. Mr. Yeo`was of the opinion that this recommendation from the Ganaraska Authority can be misconstrued. The Committee reviewed this file and stated that they were construing the word "north" to restrict openings of the basement windows to the north side of the proposed house only.The,draft sketch of a proposed dwelling showed the septic tank and tile bed on the north side of the house and the Committee were of the opinion that any opening should be a foot above the immediate abutting land to prevent a seepage from the septic tile bed into the cellar through these openings. This was the intention of the Committee and was supported by the wording in the letter from the Ganaraska Region Conservation Authority "the site appears to be at an elevation which would not be subject to flooding." This observation was verified, during discussions of the Committee at the time of presentation, when the Secretary of the Committee mentioned that she lived in the immediate area at the time of "Hurricane Hazel" and no flooding had resulted even under those conditions. Page 4 Meeting Committee of Adjustment January 12, 1972: The Committee were aware that their decision cannot be altered, at this time, without a formal appeal but they are not altering their.decision, merely clarifying a possible misinterpretation so that the Building Inspector will not be in doubt regarding issuing the necessary permits. The Secretary was instructed to send a copy of these minutes to Mr. Horace R. Best, Building Inspector, for his information. CLASSIFICATION "RR" 10 "A" This being all the business at this time, meetinq adjourned at 3:00 p.m. Secretary-Treasur r MEETING OF THE COMMITTEE OF ADJUST1,1ENT Monday, January 31, 1972 at 7:30 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 January 12, 1972 were approved on motion by E.r'.R. Osborne and seconded by K. Schoenmaker. Carried. Application File No. 335-71 Alvin Bruce Yeo, Owner, R.R. #1, Orono, Ontario, for part of Lot 23, Con 4, Township of Clarke, Submission No. "B"335-71-260 As business arising from minutes of past meetings, this application was brought forward for further consideration. Mr. Alvin Bruce Yeo, the applicant, appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr. Yeo presented the following material to the meeting: 1. A certified Plan of Survey, prepared by M.D. Brown OLS, 1106, Bowmanville, Ontario, dated January 24, 1972, File 72008 with legal description as prepared by Mr. Brown attached thereto; 1 The Committee perused the Plan of Survey and Mr. Yeo verified J that the dimensions as shown on the Plan were the same -as applied for. The Committee also reminded Mr. Yeo that a restrictive clause would be required in the deed given to his son. Mr. Yeo.informed the Committee that he had received a letter from the Secretary -Treasurer regarding the said clause. Mr. Yeo verbally indicated his agreement to this proposal.