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HomeMy WebLinkAbout06/12/1972MEETING OF THE COMMITTEE OF ADJUSTMENT Monday, June 12, 1972 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 Observers B.W. Collins, A.M.C.T. Clerk -Administrator Mrs. Elaine Stainton. Secretary The minutes of meeting mmalclxq held on May 23rd and meeting in Committee held on May 26, 1972 were approved on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried, Application File No. 11B113-72 A. Garfield ,Heyes, Owner,. 2602 Royal Trust Tower, Toronto -Dominion Centre Toronto 1117 Ontario, M.D. Brown OLS., Agent, 121 Queen Street, Bowmanville, Ontario, Lot 29, Con 9, Township of Clarke, Submission No. 11B113-72-8 As business arising from minutes of past meetings, this application was. brought forward for further consideration. Merrill D. Brown OLS., as agent for the applicant, appeared in support of this application. No other person appeared in support of this application. The Secretary -Treasurer presented the following material to the meeting: 1. Correspondence from A. Garfield Heyes, under date of May 30, 1972 "this is to confirm that the severance into a 50.02 acre parcel and a 54.55 acre parcel as set out in the plan of survey prepared by M. Brown is acceptable to myself. We would be pleased to have the matter go forward on this basis." The Committee perused the Plan of Survey as prepared by M.D. Brown OLS., dated May 239 1972, file 72023-B. Mr. Brown was requested to initial the Form of Application to verify the area to be severed was 50.02 acres and the area of land remaining 54.44 acres. This being completed, the Committee then referred to the minutes of meetings - March 27, April 11, and to the meeting of May 23rd, 1972 at which time Mr. Brown requested adjournment awaiting verification from Mr. A. Garfield Heyes as evidenced aby the correspondence received. Following further discussion the Committee recalled their inspection of this property on April 5, 1972 at which time the Proposed division appeared reasonable in all the circumstances and in accordance with current municipal legislation. Application to sever 50.02 acres in an agricultural zone was granted on, motion by K. Schbenmaker and seconded by E.F.R. Osborne. Carried. CLASSIFICATION 10 "A" J Page 2 Meeting Committee of Adjustment June 12, 1972:. Application File "A"22-72 Elmer Harris, Owner, Mill St., Orono, Ontario, for part of Lots 16 & 17, E. side Mill St., Village of Orono, Township of Clarke, Submission No. "A"22-72-13 As business arising from meeting May 23, 1972 this application was brought forward for further consideration. Mr. Elmer Harris, applicant, 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 inspected this property on June 9, 1972 and the following facts were noted:. 1. This garage, with living accommodation is located on a paved road in the Police Village of Orono, Ontario; 2. The applicant wishes to build a home on the `same lot as the garage and will, at that time, vacate the living quarters on the second floor of the garage and convert these quarters into a stock room; 3. The topography is such that the lot which lies on an east -west axis falls away to the east so that the rear of the lot is quite low;, 4. A house should be built as close behind the garage as possible in order to be on the higher land; 5. The slope of the land to the rear is gradual; 6. An unopened road allowance runs east and west on the north side of the applicant's property. This un- opened road allowance runs only a short distance beyond the applicant's property and terminates in a low lying swampy area. It is difficult to believe , that this road allowance would ever be opened, for it could not be extended since any entrance would terminate in controlled access highway #115; 7. It would appear advisable to close the unopened road allowance and give the applicant greater frontage on the public street; as it is, the applicant has frontage on the public street and the unopened road allowance; 8. A "side benefit" here is that it would be good planning to eliminate the non -conforming use of a living quarters over a garage; The Secretary -Treasurer presented the following material to the meeting: 1. Correspondence from E.R.Woodyard, secretary Police Trustee Board of the Village of Orono - "In answer to your letter dated May 24 to the Trustees of the Police Village of Orono re application of Elmer Harris: On May 29, the Trustees held a special meeting to consider this application and I have been instructed to notify you that the Trustees have no objection to this application providing the necessary requirements are met:_ No. 1..The road servicing this property must be brought . . . . . .up to a,standard by the applicant to meet the requirements of the Road Superintendent of the Township of Clarke, and the Engineers of the Department of Transportation and Communication. No. 2.. The regulations of the Orono Hydro Electric Commission. No. 3..The regulations governing extension of water mains, a photostatic copy of these regulations being enclosed herewith, for the information of your committee and the said applicant It "Edward R. Woodyard, Secretary" Page 3 Meeting Committee of Adjustment June 12, 1972: The Committee reviewed the correspondence with resolution attached thereto with the applicant who verbally agreed that he was aware of the requirements of the Police Trusteest and also this will be under one ownership. 2. Correspondence from Robert A. Edmunds, P.Eng., Counties' Engineer and Road Superintendent " As requested, -we looked into the above mentioned application and make the following comments: (a) Mill Street of Orono is one of the main approaches to the community from the Provincial Highway. (b) Buildings adjacent to Mill Street should be kept well back from the street line. Any buildings on Lot 16 or 17 should be set back at least as far as the existing buildings on the street. (c) We do not have any particular comments with respect to rear yard depth as we are not familiar with your by- laws. signed "Robert A. Edmunds"; Following further discussion the Committee: 1. Reviewed the minutes of meeting May 23, 1972; 2. Recalled their inspection of the property on June 9, 1972; 3. Were of the opinion that the applicant's request appears to be a compatible and reasonable land use. as applied for Application/granted on motion by E.F.R. Osborne, seconded by K. Schoenmaker, subject to the following conditions: 1. Requirements as set out in letter from Police Trustee Board of the village of Orono as follows: (a) The road servicing this property must be brought up to a standard by the applicant to meet the requirements of the Road Superintendent of the Township of Clarke, and the Engineers of the Department of Transportation and Commurication, (b) The regulations of the Orono Hydro Electric Commission; (c) The regulations governing extension of water mains;,, 2. 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; 3. 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 and shall forthwith thereafter forward to the Secretary of the Committee a duplicate Certificate of Deposit or a Notarial copy thereof; 4. 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 "RI" J Page 4 Meeting Committee of Adjustment June 12, 1972: Application File No. "B"17-72 Mr. William Storsbergen, Owner, .R.R. North, Orono, Ontario, for part of Lots 13 & 14, Con 8, Township of Clarke, Submission No. "B"17-72 As business arising from minutes of May 23, 1972 meeting 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 entire Committee inspected this property on Saturday, June/Q, 1972 and the following facts were noted: 1. The Committee had difficulty finding the area as acpessibility was nearly non-existent; 2. The property is immediately adjacent to the Durham Forest and the Ganaraska Region Conservation Authority. It is obviously an area that should not be highly populated, but should be held as "greenbelt" or "semi -greenbelt"; 3. Building "lots" should -be held to the 40 acre minimum; 4. The applicant has apparently purchased these lands for. a family property; 5. Under both the Township By-law, the proposed Official Plan and The Planning Act, the applicant is entitled to a 40 acre lot. Any future application would have to be dealt with on its particular merits, but, in the opinion of the Committee, it is quite surprising that the Ganaraska Authority did not purchase the property. The land not having bden purchased by public authority, reasonable development by a private purchaser, acting within exist- ing planning guidelines, cannot be reasonably withheld; 6. The Committee, in order to comply with the spirit of planning in the area would require a 5.year covenant that the severed property will be used for single family residence use only; 7. It is the Committee's understanding that the applicant will be entering into re-foresting arrangements and that is definitely in 'accordance with good planning in the area, but the Committee makes no specific requirement at this time that such agreements be signed, as they deem that a planning function beyond their jurisdiction; The Secretary was requested to ask the applicant to submit a proper Plan of Survey of the Subject Land, certified by an Ontario Land Surveyor and this application was adjourned awaiting the requested material. CLASSIFICATION 10 "A" Application File No. "B"12-72 "B"13-72 "B"14-72 W. Kay Lycett Q.C., Agent, Barrister & Solicitor, Orono, Ontario, Bernard Callanan, Owner, Orono, Ontario, for part of Lot 29, Con 5, Village of Orono, Ontario, Township of Clarke, Submission No's. "B"12-72 "B"13-72 "B"14-72 As business arising.from meeting of May 23,, 1972 this application was brought forward for further consideration. Mr. Bernard ral.lanan, applicant, appeared insupport of this application. No other person appeared in support of, or inopposition to this application. Page 5 Meeting Committee of Adjustment June 12, 1972: As a matter of record the entire Committee inspected this property on Friday May 26, 1972 at 8:45 p.m. and the following facts were noted: 1. The applicant previously applied to this Committee (ref. "B"296-71-234 May 31, 1971) to sever his house from an adjacent large area of ground which obviously will be the subject of some kind of development in the foreseeable future as it occupies a very advantageous Position near the centre of the Police Village of Orono; 2. The applicant has now entered into a conditional -contract for the sale of this land; the purchaser stipulating that the vendor must secure the severance of three lots as a condition precedent to closing the sale. The proposed purchaser also, apparently, plans to apply for a proper subdivision of the remaining lands; 3. The topography of the lots concerned is unusual in that there is a very steep bank fronting on the street. The proposed purchaser is apparently in the earth moving business and he apparently intends to make these lots useable by doing considerable earth movingr The Secretary -Treasurer presented the following material to the meeting: 1. Correspondence from Robert A. Edmunds P. Eng., Counties' Engineer and Road Superintendent "Reference is made to your May 25th letter pertaining to the above applications. Upon inspecting the site it is obvious that the property is difficult to develop safely. The existing entrance into Part 5 of the proposed "future plan of subdivision" is very steep and unsafe for both the users of the County Road and the users of the entrance. We recommend as follows: (a) The property should be developed as a complete unit and not in parts as proposed; (b) The three lots (#1,2 and 3) should NOT be separated. Once separated they will require three separate and unsafe entrances onto County Road 72. (c) All lots in the proposed subdividon including lots #192 and 3 should be serviced by a sub- division street. Lot 5 which has already been developed, should be serviced by a subdivision street if possible so the existing entrance can be closed. (d) Any new entrance onto County Road 72 (Lorraine Avenue or others) must be designed and constructed to standards established by the Ministry of Transportation and Communications. Copy of standards for sideroad and private entrance enclosed. (e) As a condition of approval the land owner should be required to dedicate a strip of land at least 20 feet wide adjacent to the County Road for road improvement purposes. Yours truly (sgd"Robert A. Edmunds" 2. Correspondence from Police Trustee Board of the Village of Orono under date June 8, 1972 "In answer to your letter of May 25 to the Trustees of the Police Village of Orono: On May,29th the Trustees held a special meeting to consider the subject matter of your communication, and I have been instructed to inform you as follows: The Trustees have no objection to residential lots being created on Mr. Callanan's property as they feel this area is ideal for such develop- ment. However, they feel that development of this area should be related to a master plan, and subject to approval of the Clarke, Township Road Department and the County Engineer's Office im Cobourg. (sgd. Edward R. Woodyard, Sec." The Committee reviewed this correspondence with Mr. Callanan and perused photostat plans of the standards for sideroad and private entrances required. Mrs Callanan under oath stated that from a conversation with Mr. Farrow of Municipal Planning Consultants Co. Ltd., that any number of severances up to 4 could be granted by the Committee of Adjustment. In order to clarify this point the Secretary was instructed to correspond with Mr. Farrow regarding this matter. Mr. Brown, also present at this meeting, was requested by the Committee fo consider from a engineer's stand point, the comments raised by the County Engineer and this application was adjourned until the next meeting CLASSIFICATION "R1" Page 6 Meeting Committee of Adjustment June 12, 1972: Application File No. "A1117-72 (Browns School) Northumberland & Durham Owner County Board of, Education Mr. Jack Hayden, Assistant Business Administrator, Agent D'Arcy Street N., P.O. Box 470 Cobourg, Ontario, Submission No. "A"17-72-14 As business arising from minutes of former meetings, this application was brought forward for further consideration. Mr. Jack Hayden, Assistant Business Administrator, accompanied by Mr. Lawrence Greenwood, Board Member, Northumberland & Durham County Board of Education 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 entire Committee inspected this property on Saturday JuneIp, 1972, and the following facts were noted: 1. This is a•modern 2 room schoolhouse, with a large grassed area. The building was erected, according to the cornerstone in the year 1957; 2. The floor area would be high for a single family dwelling; 3. The schoolhouse is s4 tuate across the road from a golf course. It would make an excellent rural holding; 4. '-'his building was constructed by public funds and the amount of money realized on any sale should be maximized, if no`violation of zoning or to the draft official plan is proposed; Mr. Jack Hayden and Mr. L. Greenwood, under oath, discussed this application with the Committee. They enquired as to whether or not it.might be possible to have the school known as "Brown's School" used for other purposes than a "dwelling" such as an "Art Studio" or an "Art School". The Committee stated that this was not the application before them and they could not answer a theoretical question, but they had a pregedent in that a purchaser of a former school property had applied to use it as an "Art Studio" on week -ends only and the application was granted. (refer to Submission 11A118-72-9). The Committee referred to the minutes of their meeting on May 23, 1972 and noted that several persons had attended in opposition to this application for permission to renovate the school house as a two family dwelling, however, they all verbally agreed that they would be agreeable to an application for a single family dwelling. Messrs. J. Hayden and L. Greenwood intimated their willingness to amend the application accordingly, subject to the Committee's approval. Following further discussion the Committee: 1. Perused the Plan of Survey as presented at meeting May 2391972; 2. Recalled their inspection of the property; and on motion by K. Schoenmaker, seconded by E.F.R. Osborne this application was granted, subject to the following conditions: 1. The application to be amended to read " request permission to use existing _brick school, with renovations, as a single family' dwelling; 2. 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; Page 7 Meeting Committee of Adjustment June 12, 1972: 1. cont'd - 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, 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" Application File No. "A"18-72 Northumberl-and & Durham Owner. County Board of Education Mr. Jack Hayden, Assistant Business Administrator, Agent D'Arcy Street N., P.O. Box 470, Cobourg, Ontario, (Cowanville School) Submission No. As business arising from minutes of meeting May 23„1972 this application was brought forward forward for further consideration. Mr. Jack Hayden, Assistant Business Administrator, accompanied by Mr. Lawrence Greenwood, Board Member, Northumberland & Durham County Board of Education 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 entire Committee inspected this Property on Saturday June/d, 1972 and the following facts were noted:. 1. This school is known as Section 16 AD 1897; 2. Some damage had been done to the building in that the front porch door had been kicked in and a window in the north east corner was missing; 3. The brickwork was in excellent condition; 4. The building would be.easily converted to a "single family" dwelling; 5. This is a sound building quite suitable for - re -development except that it would be a problem if the road was widened. The Committee feel this is a valid requirement;, Messrs. J. Hayden and L. Greenwood under oath, discussed this application with the Committee and stated that the entire building was of sound construction and they were anxious to obtain the best possible price for it. The Committee read the letter of objection from one John Fonk, dated May 22, 1972 and asked Messrs. Hayden and Greenwood if they had any comments thereon. These gentlemen stated that they would be willing to amend this application, subject to the Committee's approval, so that they would be in a position to advise any prospective.purchasers as to the uses and restrictions to which this building and property may be subjected. The Committee were of the.opinion that before a decision can be made an opinion from Mr. M. Ross Road Superintendent and Township Council regarding any future problems anticipated if the road were to be widened should be received and the Secretary was instructed to correspond accordingly. Application adjourned awaiting the,rggge*ted information and a copy of these minutes to be sent to the applicants. CLASSIFICATION 10 "A" Page 8 Meeting Committee of Adjustment June 12, 1972: Application File "B"18-72 Kaspar Hollen, Owner, R.R. Newtonville, 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 a parcel of land approximately 65 acres from the applicant's land. The Secretary reported 13 notices of the said hearing had been mailed in accordance with Item 5 of the Rules of Procedure. Mr. Kaspar Hollen, applicant, appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr. Hollen, under oath,,stated that due to ill health he wishes to retiin from farming and sell 65 acres. The area of land remaining would be approximately 1.5 acres with a frontage of approximately 1801. The existing farmhouse will be sold with the 65 acres: He has lived on the property since 1963 and has farmed all the arable land and is, in fact, still farming. The Secretary -Treasurer presented the following material to the meeting: 1. Photostat copy of a Plan of Survey, prepared by Merrill D. Brown Limited, dated May 26, 1972 465142 "A" outlining the subject lands and the lot to be -retained. 2. Correspondence from Ministry of Transportation and Communications, Downsview, Ontario, dated June 8, 1972, the Committee noted the contents thereof;. The Committee having inspected the property of Mr. Hollen on several occasions and as Mr. Hollen's application does not indicate any material change in the property, the Committee deemed it unnecessary to revisit the property. Application adjourned for further consideration at the next meeting to be held on July 4, 1972. CLASSIFICATION 10 "A" Application File "B"19-72 Austin Turner, Owner, Newcastle, Ontario, (R.R. #2) part Lot.28, Con 3, 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 a parcel of land approximately 1.275 acres from the applicant's land. Mr. Austin Turner, applicant, accompanied by Mr. David Jenkins, 1003 Walton Blvd. Whitby, Ontario, 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 the following material to the meeting: 1. Plan of Survey prepared and certified by M.D. Brown OLS., 1106 Bowmanville, Ontario, dated May 24, 1972 file 72072; Page 9 Meeting Committee of Adjustment June 12, 1972: Mr. Turner, under oath, stated that he wished to sever and sell to Mr. Jenkins a lot with an area of 1.275 acres as shown on the referenced Plan of Survey. Mr. Turner indicated on the Plan of Survey that he intended to retain a farm right t of -way 20' in width in order to give himself access to the agricultural lands -at the rear and to combined Highways #115 and #35. This property is situated between two service stations being "Fina" and "Spur". Mr. D. Jenkins, under oath, stated that he wished to buy this l property for the purpose of establishing a boat, travel trailer J sale centre. Application adjourned to enable the Committee to inspect the property. CLASSIFICATION 10 "A" Application File No. "A1111-72 Roderick & Susan Marie MacDonald, R.B. Spencer, Agent, Owners, 818 Central Park Blvd. W., Oshawa, Ontario. Spencer Real Estate, 137 King St. E. Bowmanville, Ont, for part of Lot 30, Con 4, Township of Clarke, Submission No. Application was made for exemption or partial exemption from provisions of sub -division control by-law 1592 as amended - by by-law 1653 to allow relief from Sec.3.8 requiring 100' set back from a watercourse to a set back of 601. The Secretary reported 18 notices of the said hearing had been mailed in accordance with Item 5 of the Rules of Procedure. Mr. R.B. Spencer, Real Estate Agent, Bowmanville, Ontario, as agent for the applicants appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr. Spencer, under oath, stated that the proposed purchasers wish to buildtmrg a single family dwelling on the subject lands and to conform to the set back from the road so that their home would be in line with the home situated on the lot to the south abutting their property. In order to do this their proposed dwelling will be closer to the watercourse than permitted by the by-law. The Secretary -Treasurer presented the following material to the meeting: 1. Plan of Survey, prepared by Merrill D. Brown Limited, OLS., 121 Queen St. Bowmanville, (}Mario, stamped "Registered.Professional Engineer Province of Ontario" Survey dated July 23, 1971 annotated "revisions: Aug 24, 1971, Nov 9, 1971, May 19, 1972 "MDB"_File #71098; The Committee perused the Plan -of Survey and noted that two properties immediately to the south of the subject land had houses under construction. The Committee also recalled that applications for minor variance from sec. 3.8 had been granted" on these" -properties under submission No. "A"352-71-62, Nov 29/71 and submission No. "A"353-71-63, Nov 29/71., These applications were granted subject to conditions regarding the watercourse. Following further discussion this application was adjourned to enable the Committee to inspect the property. CLASSIFICATION 10 "A" 3.8 Page 10 Meeting Committee of Adjustment Application File "A"12-72 June 12, 1972:. Wolfram H; Klose, Owner, R.R. #1, Orono, Ontario, for part of 25, Con 5, Township of Clarke, Submission No. "A" 12 -72 - Application was made for exemption or partial exemption from provisions of sub -division control by-law 1592 as amended by by- law 1653 for permission to add to existing building, three bedrooms, basement and double garage. Mr. and Mrs. Wolfram H. Klose, applicants, appeared in support of this application. No other person appeared in support of, or in opposition to this application. The Secretary -Treasurer mported that 19 notices of the said hearing had been mailed in accordance with Item 5 of the Rules of Procedure. The following material was presented to the meeting: 1. Photostat copy of sketch indicating a house area of 1,620 sq. ft. consisting of - two car garage;, master bedroom with bath; two additional bedrooms; kitchen with bath & foyer; living room utilitl room; office; breezeway;kennel building 16' x 601,_30 runs; 2. Photostat copy of Land Plan outlining position of proposed addition and kennels; Photostat copy of Lot Inspection Application signed "R. MacNaull, dated.June 6, 1972 with comments "approved addition of three bedrooms to the existing building to be serviced by the existing septic tank and tile bed"; The Committee were aware that this application would be presented at their meeting held on June 12; 1972, and as a matter of record this property was inspected on Saturday, June 10, 1972. The following facts were noted: 1. Living quarters had been constructed in conjunction with the dog kennels; 2. The construction throughout was of the highest calibre with poured cement floors; plastic wiring; insuldtdd movable flooring; heating system; fenced indoor paved yards in which the dogs could exercise out doors; a built in sanitary disposal system allowed kennels to be flushed out by the use of high pressure water hoses with automatic chemical disinfectants; 3. In spite of the fact that some 40 dogs and pups were in the building, absolutely no odor could be detected; 4. A walk in freezer was available to store dog foods in a frozen condition and the dog food so stored had been compacted into cubes; Mr. Klose, under oath, submitted the following facts: 1. He is the owner of "Havelberg Dog Academy" situated on -part of Lot 25, Con 5, Township of Clarke;, C3. He is on 24 hours duty in that he provides boarding facilities; training and showing of dogs; sells dog food etc; 4. He now wishes to be allowed to add to the existing building the following - 3 bedrooms (bath in master bedroom) basement and double garage, kitchen, living room etc., all as shown on the photostat sketch submitted with the application;. Page 11 Meeting Committee of Adjustment June 12, 1972: 5. The existing -living quarters are divided by a breezeway from the dog kennels; 6. The by-law requires 25' distance from the living quarters-. He wishes to be allowed a "built in" breezeway from the living quarters to the kennels due to the fact that he needs to be in constant attendance on the premises day and night as the services offered were analogous to a veterinary operating a small veterinary hospital; 7. Similar establishments in surrounding jurisdictions' are maintained to provide these -services to the general public and the -Committee intimated that of their own knowledge they are aware that this is true. The Committee considered all the facts presented and adjourned this application for further consideration. CLASSIFICATION 10 "A" Application File No. "A"21-72 Clarke Fishing & Conservation Club, Owner, 378 King St. W., Oshawa, Ontario, J.B. McMullan, Agent, 378 King St. W. Oshawa, Ont., for part of Lot 32, Con 7, Township of Clarke, Submission No. "A"21 -72 - As business arising from minutes of former meetings this ' application was brought forward for further consideration. Mr. J.B. McMullan, agent; Irving Gleiberman Esq., 464 Yonge Street, Toronto, Ontario; Mr. Robert Hann, 340 Marland Ave., Suite 1069 Oshawa, Ontario, appeared in support of this application. No other person appeared in support of or in opposition to this Application e The following material was presented to the meeting: 1. Photostat, certified true copy of correspondence from Ganaraska Region Conservation Authority dated May 18, 1972 (included in minutes of meeting May 23, 1972; 2. Photostat,certified true copy of correspondence from. Ontario Dept. of Lands and Forests, Fish and Wildlife Branch, Lindsay Ontario, dated April 4, 1972 in which they indicate that it is their "inherent responsibility of this Department to ensure that any development associated with a natural water course will -not have deleterious effects on the water course itself"; 3. Photostat,certified true copy of an "approved" Lot Inspection Application from Haliburton,Kawartha, Pine Ridge District Health Unit;,. Mr. I. Gleiberman on behalf of the applicants submitted the following facts:. 1. At the time this property was acquired the intention was to establish a fishing club for the purpose of utilizing the creek flowing through it, one of the best creeks remaining in Ontario and for purposes of erecting a pond on the property which we could stock with fish;,so that we would not be overly utilizing the stream; . . 0 0 Page 12 Meeting Committee of Adjustment June 12, 1172: `2'. There are 10 members in the Club and there is no intention, of course, of increasing beyond that number;; 3. This is not a commercial venture, but strictly private. The members all have a common interest in fishing and wish to have their families enjoy the beauties of this property and introduce them to the pleasure of fishing; 4. We have worked with the Department of Lands & Forests and other Departments in order to get a good pond which will not pollute the stream. There will be no thermal pollution to the Wilmot Creek; 5. The purpose of the construction of the unit where it is, as presented by Mr. McMullan, was for esthetic reasons. We had checked with Government Authorities to find if this would be feasible and the medical officer of health was satisfied. It was indicated that if located any farther west it might be in too low of ground; 6. The septic tank is actually located in excess of the 100' requirement. We have always indicated that the septic tank would be located in excess of requirements. -Had there been any indication of objections from the parties, we would not have located the septic tank where it is. Mr. I. Gleiberman introduced Mr.' Robert Hann to the Committee remarking that he is a professional witness with a basic interest in that " we are both avid fishermen". Mr. Hann, under oath, stated that he was a builder and familiar with topographidal problems. Together with Mr. Gleiberman, Mr. Hann indicated on a plan of the proposed building a projected verandah being that part of the building nearest to the pond, approximately 251. Mr. Hann verbally agreed with Mr. Gleiberman that the members of the Fishing Club wish to keep this property as a conservation area and have worked with the Ontario Department of Lands and Forests Fish and Wildlife Branch and the Ganaraska Region Conservation Authority to this end. Following further discussion this application was adjourned to enable the Committee to inspect the property again. An appointment will be made with the members and the Committee will be notified of the time and the date. CLASSIFICATION 10 "A" General Business - The Secretary -Treasurer presented"Planning Board Meeting minutes under date of May 18, 1972; Interviews were granted to the*following persons: - Mr. and Mrs Murray Payne; Mr. Archie Lunn; Mr. and Mrs. Charles Lambier, nd 1 Mr. Robert Morton, Kendal, Ontario. Decisions were signe correspondence dictated and this meeting adjourned at 0 M. Secretary-Trea rer hairman