HomeMy WebLinkAbout01/31/1972Page 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.
Page 2
!Meeting Committee of Adjustment, January 31, 1972:
Following further discussion, the Committee:
1. Referred to minutes of meetings - September 8 and
September 15, 1971;
2. Recalled their inspection of the property on
Monday, September 13, 1971
and upon review of all the facts, and on the special facts of
this case, application for a severance of 3 acres was granted
on motion by E.F.R. Osborne, seconded by K. Schoenmaker, subject
to the following c:ndition:
1. That the following clause shall be included in the
deed to the 3 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 conveyed
to any person, firm or corporation other than
to a person who is a member of the "Yeo"
family for a period of five (5) years from the
date upon which the decision of the Committee
of Adjustment for the Township of -larke to
the within conveyance becomes final, such date
to be as shown on the copy of the decisicn of
the said Committee which is attached to and
forms part of this Deed.
CARRIED.
10 "A"
Application File No. 361-71
Application E'ile No. 362-71
Kaspar Hollen, Owner,
Newtonville P.O.,
for part of Lot 3, Con 1,
Township of Clarke,
Submission No. "A"361-71-67
Kaspar Hollen, Owner,
Newtonvi.11e P.O.,
for part of Lot 3, Con 1,
Township of Clarke,
Submission No. "A"362-71-68
As business arising from minutes of the last meeting, these two
applications were brought forward for further consideration.
Mr. Kaspar Hollen, the applicant, appeared in support of
these applications. No other person appeared in support of, or
in opposition to these applications.
As a matter of record the Committee inspected these properties
on January 28, 1972 and recalled that they had previously inspected
the property in connection with a former application for a
severance (ref. "B"306-71-248).
The Committee noted the following facts:
1. The lands concerned are on a ridge of land
�- running North and South, with the homes facing
1 to the West;
2. A ravine drops away quite sharply on the east
side of the knoll and this is the main reason
for request for reduction from the required
set back;
3. Previously, the Committee had required 1�ir. Hollen
to construct a road as a condition of a. severance
and the road appeared to be in a sound condition;
Page 3
Meeting Committee of Adjustment,° January 31, 1972:
4. Access to all these houses is gained by one
entrance from Highway 42 which, in this area,
is to be declassified from a "Kings Highway" to
a "County Road." In any event the entrance to
Highway #2 is clearly visible and has been in
existence for a number of years;
5. The creating of additional lots will increase
the traffic movement, but would not increase
the number of entrances to Highway 42;
0 6. The land being high and dry, with an excellent
view, is very suitable for housing;
7. No other practical land use could be made of the
immediate area, except for recreational;
o. The whole development by itilr. Hollen pre -dates
planning in the Township of Clarke and these
applications for minor variances are cleaning
up a pre-existing situation;
The Committee reviewed the material presented to their meeting
on January 10, 1972 and considering all the facts, could see
no reason for not granting the minor variances as requested.
Application No. 361 -71 -for relief from front yard requirements
of 50' and set back of 93' to permit a single family dwelling
to be constructed so that'the main wall shall be 30' from lot
line - granted on Motion by K. Schoenmaker, 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
FTT�AL AND BINDING until the time for a_geal by any
interested'party has lapsed under the terms of The
Planning Act of the Province of Ontario. Tiil� = iE FOR
APPEAL IS 14 DAYS FRbM TI -1-' DATE that the minutes of this
decision have been mailed to the Minister of Municipal
Affairs of the erovince of Ontario;
2. 'Phis 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. ANu FU1'Pi 12 that upon receipt by the SecreLary of the
aforesaid document, the appropriate administrative
officials of the Township of Clarke will be authorized to
issue any and all riecesgary permits or to take any steps
necessary to implement this decision. CARRIL;D.
CLA&SIZICATIiN 10 "A"
Application No. 362-71 - for relief from front yard requirement of
50' and set back of 93' to permit a single family dwelling to be
constructed so that the main wall shall be 30' from lot line -
granted on Motion by K. Schoenmaker, seconded by E.F.R.Gsborne,
subject to the following conditions:
1. TAKE ,VARid1NG that this decision, for a minor variance
of the Clarke Township Committee of Adjustment IS NOT
FIJAL AND BI11DING until the time for appeal by any
interested party has lapsed under the terms of The Pkanning
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 Lo the Minister of 'Municipal-�ffairs of the
Province. of Ontario;
Page 4
Meeting Committee of Adjustment, January 31, 1972:
2. This decision should not be registered ori 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 sinned 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. AAID 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.
CARRI D.
CLASSIFICATIGN 10 "A"
Application File No. 364-72 Mrs. Marie 0. Gibson, Owner,
R.R. #2 Newcastle, Ontario,
for part of Lot 31, Con 3,
Townshi_ of Clarke,
Submission No. "B" 364-72
Application was made for exemption or partial exemption from
provisions of the Planning Act so as to permit the separation of
a parcel of land approximately 2001x219' being approximately 43,800
square fcet•in area from the applicant's land.
The Secretary raj.orted that 18 notices of the said hearing
had been mailed in accordance with Item 5 of The Rules of Procedure.
Mrs. 1.1arie C. Gibson, the applicant, accompanied by her
daughter-in-law Mrs. Gerald Gibson appeared in support of this
application. Mr. John DeWith, Real Estate Agent, Bowmanvflle,
Ontario, also�e.ppeared. No other person appeared in support of, or
in opl_osition to this application.
As a matter of record Mr. E.R. Lovekin, Chairman, disqualified
himself from the hearing of this application, having previous
knowledge of this matter and Mr. K. Schoenmaker, senior member,
conducted the hearing on this case.
The Secretary -Treasurer presented the following material to
the meeting:
1. Correspondence from E.K. Lovekin S.A. LL.B.,
dated January 5, 1972, being a copy of a letter
from I°Yr. Lovekin addressed to Mrs'. I-larie Gibson,
R.r:.#2, Newcastle, Ontario. The Committee noted
the contents thereof;
Mrs. Marie O. Gibson, under oath, stated that she owns
a dwelling house and an orchard of approximately 37 acres.
She cannot cope with the work of the orchard any longer and now
wishes to retain her home with approximately 1 acre of ground
and sell the remainder to her son, Gerald Gibson.
Mrs. Gerald Gibson, daughter-in-law, under oath, verified
the statements made by Mrs. Piarie O. Gibson and explained that
her husband, Gerald Gibson, was the proposed purchaser of his
mother's property and in agreement with his mother's proposal
that she retain her home for her own use and the acre of'ground.
The Committee perused the photostat copy of a sketch of
the property which outlined the proposed severance and also
included an outline of the buildings presently owned by Mr. &
Mrs. Gerald Gibson, abutting owners.
The Committee indicated that this application would require
further consideration and that a restrictive clause would be included
if this application were granted. The applicant verbally agreed
with tris suggestion and this application was adjourned to enable
the Committee R inspect the property.
CLASSIFIED 10".k
Page 5
Meeting Committee of'Adjustment January 31, 1972:
Application File No. 363-71
Kaspar Hollen, Owner,
Newtonville, Ontario,
Barber & Kelly, Agent,
Barristers & Solicitors,
Bowmanville, Ontario,
for part of Lots 3 & 4,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 approximately 43.85 acres from the applicant's land.
The Secretary reported that 12 notices of the said hearing
had been mailed in accordance with Item 5 of The Rules of
Procedure.
Mr. Kaspar bollen, the applicant, appeared in support of
this application. No other person appeared in support of, or
in opposition to this application. Mr. John DeWith, Real Estate
Agent, Bowmanville, Ontario, appeared as an observer.
The Secretary -Treasurer presented the following material to
the meeting:
1. A certified Plan of Survey, prepared by rii.D.
Brown, 01,5111061Bowmanville, Ontario, dated
August 30, 1971, file 71133; with typed description
attached thereto;
Mr. Hollen, under oath, stated as follows--
1.
ollows:1. This application is for permission to sever
the northerly 43.85 acres of his property.
The said 43.85 acres is the remainder of an 88
acre parcel. The Committee granted a severance
of 45 acres on the 15th day of September 1971
(ref. "B"306'-71-248);
Inreply to the Committee's request for a description of this
parcel of land, Mr. Hollen stated as follows:
This land is not good for agriculture, but has
recreational possibilities with plenty of trees
and a stream; rolling land, mostly woodland with
hard and soft wood trees, the soil is sandy;there are
no buildings. Mr. Hollen indicated roughly on the
Plait of Survey the course of the stream through the
property, from the right hand corner on the east
side and wanders through the easterly third of the
land in question and eventually exits down the
property owned by Mr. Hollen to the property of one
John Bird.
The Committee referred to the fact that they had inspected
111r. Hollen's property on May 6, 1971 with regard to the former
severance of the southerly 45 acres and will inspect this
northern portion before handing down any decision.
Application adjourned to enable the Committee to inspect the
property.
CLASSIFICATION 10 "A"
. . . . . . . . 0
r
Page 6
meeting Committee of Adjustment, January 31, 1972:
Application Pile No. 366-71
J. Allen Poster, Owner,
Kendal, Ontario,
Ralph G. Kennedy, Agent,
Kendal, Ontario,
for part of Block "G",
Hamlet of Kendal,
Lot 91 Con. 61
Township of Clarke,
Submission No.
Applicatisn was made for exemption or partial exemption from
provisions of tiie elanning Act so as to permit the se_uaration
of approximately 150' x 306' being approximately 1.05 acres
in area from the applicant's land.
The Secretary reported that 15 notices of the said hearing
had been mailed in accordance with Item 5 of The rules of
Procedure.
I°Ir. Ralph G. Kennedy, Kendal, Ontario, as applicant's
agent and as a proposed purchaser appeared in support of this
application. No other person appeared in support of, or in
Opposition to this application.
The Secretary -Treasurer presented tiie following material
to the meeting:
1.
"Direction" signed by "Allen
Foster", Kendal,
Ontario, appointing Ralph G.
Kennedy to act
as agent on his behalf;
2.
Photostat copy of sketch of
pro_;osed separation
showing the subject land to
be a centre
lot with dimensions of 150'
x 310' containing
1.05 acres; the remaining lots on either side
of the centre lot were annotated
"to be retained
by applicant";
Mr.
Ralph G. Kennedy, under oath,
stated as follows:
1.
He is presently residing in
a rented house
in file hamlet of Kendal;
2.
He is -employed by N.D. Brown
OLS, Bowmanville,
Ontario;
3.
He proposes to purchase the
centre lot, if
granted, from his father-in-law,
the applicant,
1°1r. J. Allen Foster;
The Committee noted that the proposed severance of the centre
lot will create two other lots. The Chairman explained to the
agent for the applicant that it is•a clear policy of the Depart-
ment of Municipal Affairs to direct Committees of Adjustment and
Land Division Committees that they should not go into the land
severance business where a Plan of Sub -division is suitable.
They also regard any severance as a land division. The applicant
was then requested to explain how the subject land had been selected
for severance. Mr. Kennedy explained that he wishes to build
on this lot and there is a possibility that a dwelling could be
built on a remaining lot. The lot on which is outlined two
buildings is to be retained by the applicant Hr. Foster, said
lot is situate on the corner of County road No. 9 and Manvers
Street. The land immediately to the west of the entire holding
of I°ir. Poster is owned by one Peter Newell, Newcastle, Ontario,
a tobacco farmer. This is used for the cultivation of tobacco
plants. The entire area owned by Mr. Newell tothe west and running
to a north south artery known as Church St. with an entrance on
County Road 49 is now zoned "RR" . The Committee and Mr. Kennedy
referred to Schedule "A", Nap 3 of the by-law which shows in detail
the Kendal Area and it was observed that the entire area is now
zoned "RR". The Committee noted that the requirement of 150' frontage
and 1 acre of land for a lot was met by the proposed purchaser.
Application adjourned to enable the Committee to inspect the pro;terty
CLASSIFICATI• N "RP?t
other
Page 7
Meeting Committee of ;adjustment, January 31, 1972:
Application File No. 365-72
Walter John Hale, Owner,
R.h. #l, Orono, Ontario,
E.R. Lovekin B.A. LL.B. Agent,
Barrister & Solicitor,
Box 9, Newcastle, Ontario,
for part of Lot 12, Con 3,
Township of Clarke,
Submission No.
Application was made for exemption or partial exem;:)tion
from provisions of sub -division control by-law 1592as amended
by by-law 1653 to allow the continued use of premises for the
purpose of carrying on an existing auto wrecking establishment
and to be able to use the premises for the storage of rubber and
waste materials.
The Secretary r,2ported that 13 notices of the said h::aring
had been mailed in accordance with Item 5 of the Rules of Procedure.
1.1r. "cJalter John Hale, the applicant appeared in support of
this application. The following persons appeared in opposition
to this application: Mrs. J. Gaskell, 53 Fernhill Blvd., Oshawa,
Oni:ario, Girl Guides Administrator, Girl Guides of Canada, Oshawa
Ont rio; Mrs. A. Yonson, 1052 Iiortop St. Oshawa, Ontario, Camp
Ademtac, Chairman, Girl Guides of Canada, Oshawa, Ontario;
Mr. S. Wotton, 319 Burk St. Oshawa Ontario, representing the
abutting owners , The Girl Guides of Canada, Oshawa, Ontario. No
person appeared in support of, or in opposition to this application.
As a`matter of record I°Ir. G.R. Lovekin, Chairman, disqualified
himself from the hearing of this application, (having previous
knowledge of this matter and Nr. K. Schoerrmj:ker, senior member,
conducted the hearing on this case.
The Secretary -Treasurer presented the following material
to the meeting:
1. Photostat copy of correspondence dated October 13,
1971 addressed to Canadian Rubber Dealers and
Brokers Ltd., Box 201, Bo.naanville, Orj:t,,_rio,
signed "Horace R. Best" Building Inspector. The
Committee noted the contents thereof;
2. Correspondence from firs. J.T. Gaskell, Co -
Ordinator Oshawa Guiding, 121 Simcoe St. S.,
Oshawa, On'earic, dated January 31, 1972 addressed
to Committee of Adjustment, requesting copies of
any minutes regarding this application and notice
of the final decision;
3. Correspondence from Plrs. J.G. Gaskell, dated
January 31, 1972, stating as follows:
"Re - Application No. 365-72 - "le object to the
expansion of the existing auto wrecking
establishment in the use of the premises for
the storage of rubber and waste material for the
following reasons.
1. Each year approximately 1200 girls use the
Girl Guide Camp (Camp Ademac) for indpor and
outdoor camping. We are responsible for the
Health of these girls and if the well should
become contaminated or the stream more con-
taminated the camp could be closed by the Public
Health Inspector.
2. We have property (Buildings and equipment)
valued at approximately $37,000.00. The extension
of this business will lower the value of our
property and we fear that it will affect the
coverage of a.aequate insurance of our property.
Page 8
Meeting Committee of Adjustment, January 31, 1972:
3. Waste material attracts rodents. These could
destroy our tents and get in our food supplies.
4. I£ tires are burned the odor and spoke could
make outdoor camping impossible.
5. We do not object to the existing auto wrecking
establishment as long as it obeys all regulations
for salvage yards, or auto wrecking establishments
according to the United Council By -Law 1786 as
amended by By -Law 1792 No. 9 section."
signed "Mrs. J.G. Gaskell"
4. A photostat copy of an aerial view of surrounding
pro1;erties and, in particular, outlined in pencil
the course of a stream purported to be "Graham
Creek". This stream appears to angle through the
subject land and then continue in a westerly and
southerly direction through the surrounding
countryside;
The Committee noted the material as presented and then
requested Mr. Hale to present his application.
Mr. Hale, under oath, addressed the Committee on his
own behalf and made the following submissions which seemed
relevant to the Committee:
1. He has used the property as an auto wrecking yard
since approximately 1954, following a Resolution
of the Township of Clarke dated 15th December,1954
which granted permission to him for such a purpose;
2. The nature of the land is such that it is unsuitable
for general farming. It is very light land with a
gulley through it;
3. The United Counties have issued him a valid license
to operate an auto wrecking business following
representations made by him to them to issue such a
permit;
4. He admitted that he had erected a Quonset hut,
which is a building of a temporary nature, without
applying for a building permit;
5. He stated that the proposed purchaser, Canadian Rubber
Dealers and Brokers Ltd.,,Box 201, 3owmanville, Ontario,
intend to use th, property for the purposes of storing
and shipping used tires with a minimum of wrecking of
old trucks. He submitted that this is the same type
of non -conforming use as he is carrying on at present
and is covered by the same license, although the purchaser
would be emphasizing the tire salvage aspect and minimising
the car wrecking aspect of the business.
P -Ir. S. Wotton, representing the owners o= _butting lands,
The Girl Guides of Canada, appeared in opposition and submitted
the following facts, under oath:
1. The Girl Guides of Canada don't want to destroy the
livelihood of the applicant, but wish to protect their
own investment;
2. They would object to the burning of tires. 1%ir. Hale,
the applicant, assured him that no more tires will be
burned.
The Committee noted that such an act as burning tires would now be
an offence against the anti pollution by-law.
Page 9
Meeting Committee of Adjustment, January 31, 1972:
3. Mr. Wotton stated that Mr. Hale would be contravening the
by-law by adding and enlarging a new use. Mr. Hale again
submitted that he is applying for an extension of the
same type of non -conforming use as he is carrying on
at present and is covered by the same license, although
the purchaser would be stressing tire salvage and
reducing the car wrecking business. Mr. Hale also
stated that there will not be any enlargement of
the area.
4. Mr.Wottop in reply to the question re contamination
of the well, stated that the well on their property
is contaminated although it is not certain by what
cause.
Mr. E.F.R. Osborne, member of the Committee, explained that it is
not unusual for wells to become contaminated at certain times of
the year when water levels are lower and there is less flow. Mr.
Hale then stated that, although his well is in the same area, it
is not contaminated.
5. lair. Wotton further stated that the creek was polluted
because oil, grease and other waste was allowed to
drain into it. As a result it was impossible to allow
the Girl Guides to swim in the creek. Also there is
no adequate fence, in accordance with regulations,
separating their properties.
These arguments were then taken under advisement by the Committee
who stated that their final decision would be forwarded to the
parties concerned after the properties had been inspected.
Application adjourned to enable the Committee to inspect the
property.
CLASSIFICATION 10 "A"
General Business: - Deeds were stamped with the approval of
the Committee;
Replies to several matters of correspondence
were dictated by the Chairman, E.R. Lovekin;
Meeting adjourned at 12:00 p.
Secretary-Treasu er