HomeMy WebLinkAbout03/27/1972Page 13
Meeting Committee of Adjustment, February 28, 1972:
General Business:
Interviews were granted to the following persons:
1. Mr. Roy Foster accompanied by Pir. Branislav Bogdanovic
requesting information regarding a proposed severance`
of 40 acres;
2. PIr. Wm. P. Proctor and one =yrs. Harding, proposed
purchaser, appeared before the Committee in regard to
the pro_::osed creation of a 5 acre lot on the west side
of the Leskard Road, North of 'Taunton Road. The Committee
were of the opinion, in view of the proposed Official
Plan, that they should not create lots without careful
consideration of the general policy in the area.
Mr. L.R. Lovekin, Chairman, dictated a letter to Mr. H.R.` Best,
Secretary, Planning Board, regarding this matter, with a copy
to be sent to Mr. Proctor.
The Secretary -Treasurer reported that correspondence had been
received from The Ontario Municipal Board, under date of
February 23, 1972 regarding an Appeal by Jean Goode against a
decision of the Committee of Adjustment. An appointment for
hearing by the Ontario Municipal Board has been set for Thursday
the 23rd day of March 1972 at 10:30, at the Council Chambers.
The Committee then dealt with the New Rules of Procedure,
new forms etc. required by changes in the Planning Act which became
effective as of February 1, 1972.
There being no further business, this meeting adjourned at
12:45 a.m.
Secretary -Treasury
MIETING OF THE
COMI•'IITTi�'E 02 ADJUSTi°'iENT
Monday, March 27, 1972, at 7:00 p.m.
Council Chamber,
Orono, Ontario.
Present: E.x. Lovekin B.A. LL.B., Chairman,
K. Schoenmaker, Member,
E.I.R. Osborne, Member,
Airs. Ellen N. Yeo, Secretary -Treasurer
The minutes of meeting held on February 22, 1972 were
approved on motion by E.F.R. Osborne and seconded by K. Schoenmaker.
Carried.
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Application File No."A"1-72 Murray & Donna Hardy, Owners,
R.R. f2, Orono, Ontario,
Lot 46, Plan 687,
Lot 30, Con 6,
Township of Clarke,
l Submission No. "A"1 -72 -
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 required side yard of 25'
under Appendix 1, Section 1, Subsection "F", said By-law. The
Committee noted that this application had been presented at
their meeting on Februnzy 22, 1972. .s a matter of record the
Committee inspected this property on Thursday, Parch 16, 1972.
No ye�scn was home. The following facts were noted:
Page 2
DIeet_ing Committee of .djustraent, March 27, 1972:
1. *The subject land is on the heskard Roaa, the
fifth house north of the Taunton road, on the
Past side;
2. There are two houses to the north of the applicant's
property, then a small ravine;
3. The house immediately to the north has no garage
and the second house to the north has a single
garage;
4. The Committee noted a double car garage on a
property to the south of the applicant, but this was
separate from the existing dwelling;
5. The Committee noted Lhat a number of similar properties
existed in the arca and that, therefore, a decizion
in this case could not be based on the logic that it
is an "infilling" type of situation where a certain
"character" or "pattern" pre-existed the passing
of the By -Law and to refuse the last person who is
in a "terminal infillinc!" situation would be unfair.
The granting of this application would set a precedent and
"open the door" to several other potential applicants. if
these other people were granted similar exceptions, an almost
solid line of buildings along the Township sideroad would result.
The Committee also noted that a double garage could be constructed
as a separate bu_.lding at the rear of. this rather deep lot.
As a garage is a necessity, and :a back yard garage is not desir-
able, the Committee were of the opinion that a single car garage,
leaving a larger minimum side yard could be given further
consideration and such a "minor variance" might be feasible.
This request for a double garage would be too great a variance
from the required 25' sideyard in an agricultural zone and
will not be granted.
No person appeared in support of, or in opposition to this
application and the Secretary was instructed to communicate
this interim decision to the applicant and to inform him that
if he wishes to a.Npear before the Committee on Monday, April
10th at 3:Q0 p.m. sharrp, hc,may amend,his application.
e
AppliQation adjourned.
Applic,-1:cn File Ido. "B112-72 W. Kay Lycett-Q.C; Agent,
Barrister & Solicitor,
Orono, Ontario,
Mr. Evan LJilliam Newcll,Owner,
R.R. 02, Orono, Ontario,
for part of Lot 32, Con 7,
Township of Clarke, .
Submission No. "B"
e
:.s business arising from -minutes of meeting February 28, 19722
this application was presented for further consideration.
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Mr. Evan W:A. Newell, applicant, appeared in sut.port o:' this
application. No other person appeared in support of, or in
opposition to this application. Mr. M.D. Brown OLS., Bowmanville
Ontario, also appeared.
As a matter of record the Committee inspected this property
on Thursday, iIach 16, 1972. The applicant was not home, but
his young son indicated the property under consideration.
Page 3
Meeting Committee of—djaastment, karch 27, 1972:
The following facts were noted:
1. There are modern homes on each side of the
property and a number of homes in the vicinity
would be in -the $25,000. to $35,000. value
level. The proposed lot would appear -to be
ideal for such a home. There is sufficient land
for a garage, septic tank and required set back,
side yards etc.,
2. The topography is excellent with table land
having sufficient fall for drainage to the west;
3. Vision in relation to the road is good;
4. The Committee noted several "outbuildings" at
the rear of the property, namely a small barn
and a shed. They wondered ghat would be done
with these, but with expensive modern building
being built in the area these buildings would
probably be brought up to the same high standard
or demolished;
5. This would appear to be a perfect "estate type"
lot;
The applicant &r. Newell was reminded that he was still under
oath, if he wished to make any further submissions: Mr.
Newell stated that the l nd under consideration was used for
gardening for several years. He also stated that hr. Brown uLS.,
was ariving later.
Mr. ;i.D. Brown OLS., Bowmanville, On'L rio, presented the follow-
ing material to the meeting:
1. A preliminary sketch of the entire property
owned by Mr. Newell under date of March 27, 1972
prepared by berrill D. Brown Limited, Land
Surveying & Engineering. This sketch g4ve an
outline of the area and indicated the buildings
in the area. Also shown on the sketch plan
were suggested alternatives with regard to.the
creation of the lot.
The Committee perused the sketch plan and observed that the
outbuildings as situated on the lot could pose,a prpblem.
Application adjourned for further consideration.
CL!.SS111: TILN "RR"
Application File No."B"3-72
A. Garfield Heyes, Owner,
2602 Royal `.trust Tower,
Toronto -Dominion Centre
Toronto 111, Ontario,
N.D. Brown OLS., Agent,
121 Queen Street,
Bowmanville, Ont_ri�:,
Lot 29, Con 9,
Township of Clarke,
Submission No."13"3-72
Application was made for exemption or partial exemption
from provisi ns of the Planning Act so as to permit the soparation
of approximately 50 acres from the`applicant's land.
Merrill D. L-rown OLS., as agent for the applicant, appeared
in supp6rt of this application. No other person appeared in
support of, or in opposition of this application. Mrs. Norman
Witsfow,"R:A. 42, Orono, Ontario, appeared.
Page 4
Meeting Committee of j',ajusL:rent, Pia 'ch 27, 1972:
The ,Secretary -Treasurer presented the following material to
the meeting:
1. Correspondenc` from Hell, Brown OLS,, 121
Queen St. Bowmanville, Ontario, dated March
3, 1972; the ComrvEtee noted the contents
thereof;
2. Authorization signed by "A. G. heves" appointing
I°Ir. Mere ill D. Brown, to be agent, dated 22nd
February, 1972;
3. sketch Plan illustrating proposed division of
south %z of Lot 28, Con. 97 outlining in "red"
the subject lands with an area of 50 acres;
Tei;=. iI.D. Brown, under oath, made the following submissions:
1. The applicant, Mr. A.G. Heyes, owns 100 acres
fronting the road allowance between concessions
8 & 9 in the Township of Clarke;
2. Mr. ileyes proposes to sell the south 50 acres for which
he has an offer of purchase and will re Cain the Horth
50 acres;
3. This land is not suitable for farming, 'being rolling
grassland and reforested bush. There are no buildings
and no watercourse on the land.
A'ir. Brown also stated that he had no knowledge,of the
appli.cant's use for the land.
Mrs. Norman Hairsi=cw requested that Mr. Brown point out the location
of the proposed lot to be severed and enquired as to what use
will be made of the land.
Mr.. Brown's attention was directed to the sketch plan submitted
by himself. PIr. Brown explained that the"subject land" with
an area of 50 acres is situated immediately north, across the
Concession 8 & 9 road allowance, from L -he property owned by
Mrs.BAirstow. Mrs. Sairstow's concern was whether this land
could be used for other purposes, such as commercial, even in
an 11gricultural 'Lone. Upon being assured that only those uses
permitted in an Agricultural Zone could be located on this property
to be s;-vered, Mrs. Pairstow stated that she had no objection to
the application, bearing these facts in mind.
Application adjourned to enable the Committee to inspect the
property.
CLASSIi IC.%TIwN 10 "A"
Application rile No. 11B"4-72 Branislav Bogdanovic Owner,
i,.R. 44-1 Netvtcnville, Ontario,
Lot 6, Con 7, Townshir; of Clarke,
Submission No. 112"4-72
Application, was made for exemption or partial exetiiption
from provisions of the Planning Act so as to permit the separation
of approximately -40 acres from the applicant's land.
Mr. Branislav Bogdanovic, applicant, accompanied by
14r. Roy Foster,Kendal, Ontario, appeared in support of this
application. �No other person appeared in support of, or in
opposition to this application. The following abutting owners
also appeared - Messrs. Bruch and Douglas Cathcart'and Mr. Alfred
Fitze, all of R.:2. Ikl Kendal, Ontario.
Pace 5
Menti.ng Committee of 'adjustment, March 27, 1972:
The Secretary -Treasurer reported 'chat 18 notices of the said
hearing had been xmailed in accordance with Item 5 of The Rules
of Procedure.
The following mate—i.al was presented to the meeting:
1. An "ink" sketch showing the entire property
owned by the applicant and outlining the
proposed severance of 40 acres;
Mr. Bogdanovic, under oath, stated as follows:
1. He is the owner of approximate 190 acres
of land. IIe now wishes to sell 40 acres
of that part of his farm which is not
particularly good for farming, with the
exception of 8 acres of the 40, which he
has in hay; there is also a stream running
through the 40 acre, parcel;
2. The subject land fronts `a good public road,
has an excellent view and the road is
kept plowed for the school bus.
Mr. Roy Foster was then sworn and on behalf of the applicant
proceeded to indicate the position; of the property on the
sketch plan.
Messrs. Bruce and Douglas Cathcart, under_ oath, stated that
they were neighbours. `They noted that the application for
40 acres separated 110 acres on which the barn and house arc
situated from the north 40 acres. They wished to know how
much land Mr. Bogdanovic will retain. In reply to this
question, Er. Foster, on behalf of the applicant, stated that
the agricultural land of approximately 110 acres and the re-
maining 40 acres of mixed bush land, a total of approximately
150 acres would be retained. Hr. Foster also stated that the
proposed severance of 40 acres, although very poor farmland
would be an ideal "estate property" with the view and stream
along with the hilly terrain.
Mr. Alfred Fitze, under oath, stated that he owns approximately
30 acres fronting on the east side of Hr. Bogdanovic's property.
His interest in the application was that he was under the
impression that he had a fence viewer's award which had not,been
honoured by the applicant, Er. Bogdanovic, as yet. Mr. Bogdanovic
stated that it was his inLhation to live up to the award. He
had infact, erected part of the fence, but due to the heavy
work load on the farm and the frost this had been discontinued
for the time being. He had all the material on hand to
complete the job.
Messrs. Cathcart, in reply to questi ns regarding the topography
of the land replied thatthe centre lot is scenic,,hilly, rougjz
land and that they had no objection to the application as it is
made at this time.
Application adjourned to enable the Committee to inspect the
property.
CLASSI0SC'%TION 10 "A"
r
Mage 6
Beating Committee of Adjustncnt, March 272 1972:
Application File No. "B"5-72
Konwald Investments Limited,Owner,
c/o Adams,Fraser,Smith
& Shaver, 2.00 University Ave.,
Toronto, Ontario,
Lot 29, Can 3,
Township of Clarke,
Submission No. "B"5-72
Application was made for exemption or partial exemption J
from provisions of the Planning Act so as to permit the
separation of approximately 2Y acres .from the applicants' land.
The Secretary reported that 14 notices of the said hearing
had been mailed in accordance with Item 5 of The Rules of
Procedure.
Grant R.H. Shaver Esq., Solicitor, Adams, Fraser,Smith
Shaver, Toronto, Ontario, accompanied by the proposed purchasers,
iir. and f%rs. Oswald Konzelmann, R.R. 41 Newtonville, Ontario,
appeared inisupport 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. Direction signed by "G.Z.H. Shaver" appointing
him as agent- for the applicant Konweld Investments
Limited, under date of March 15, 1972;
2. Correspondence from G.R.H. Shaver, :dams,
Fraser, Smith a Shaver, Barristers & Solicitors,
200 University Avenue, Toronto 1, Ontario;
The Committee noted the contents thereof;
2. Photostot copy of Plan of Survey, prepared by
M.D. Lrown OLS., Bowmanvill=e, Ontario, dated
Hay 109 1966, 468030 on which is shown outlined
in pencil the dimensions of the proposed severance
containing frame farm builuings and a 2 story brick
dwelling;
-The Committee perused the Plan of Survey and recalled that they
had dealt with this property under submission "5"123-68-115
(ref. 26th August 1968). At that time one Ours. Freda Giddens,
19 Denmark CraG c. 'Aill.owdale, Ontoricf owned approximately 97
acres from which 36.363 acres were severed and 61.112 acres
were retained. This application is now for a severance of
21 acres from the 61.112 acres.
Grant R.N. Shaver Esq., Solicitor and agent for- the ayplicant
made the following submissions:
1. L1r:, & iirs. Oswald Ko, zelmann are actually the proposed
purchasers of the 2, parcel which is marked off on the
Plan of Survey; including the buildings on^ the property
consisting of the existing frame_ farm Kuildings and a
2 story brick dwelling, said dwelling is close to the road,
there is also a well in this area;
2. Th:, whole property is not a farming unit at the moment.
The agricui.tural use is not being conducted by the people
in the house, this is impractical with the size of the J
property;
Mr. Shaver in or'iAnd the Committee that the proposed purchaser
of <L -he -2acre parcel is also associgted wiLK the Corporate
entity Konw"ld Invcsi_monts Limited as a sharehol;ier.
Page 7
Fleeting Committee of _'adjustment, March 27, 1972:
Mr. Oswald Konzelmann, under oath, stated as follows:
1. The brick dwelling house had been rented out for
2 years. The tenants moved away and he is unable to
interest anyone to move in as a tenant,due to the
fact that there are extensiva.repairs required and also
the house is so big, that once seen, prospective tenants
are simply not interested;
2. I -le would like to take over the house and remodel it
to a two family house;
The Committee asked Por. Konzelmann if he had any particular
reason in mind in creating the proposed area. T✓ir. Konzelmann
replied that he wished 400' frontage in order to have adequate
side yards for all future buildings.
Mr. K. Schoenmaker, member, then questionned Mr. Konzelmann
regarding the remaining parcel of land. Mr. Konzelmann replied
that at present- the land is rented to one Lawrence Hooey for
pasture land: Mr. Hooey does not own any of the property. If
this severance is granted the area remaining will be approximately
58.362 acres and it is<proposed to continue the agricultural use.
Mr. Charles A; Glenney, 40 Bond St. Lindsay, Ontario, appeared
at the meeting and as a former owner and pre:.ently first mortgagee
was asked%if he had any objection to the proposed application
and hs replied -that he didnot.
The Committee pointed out that in an Agricultural Zoite the
requirement is 40 acres.
This application was then adjourned to enable the Committee to
inspect the property.
CLASSIFICATION 10 "A"
Application File No. 364-72 Mrs. Marie Gipson, Owner,
R.R. 42 Newcastl=, Ontario,
for part of Lot 31, Con 3,
Township of Clarke,
Submission No. "B"364-72-263
As business arising from minutes of past minutes, this
application was brou_ht forward for further consideration.
Mrs. Marie O. Gibson, appli ant, accompanied b, her son
Hr. Gerald Gibson, proposed purchaser, appeared in support Of
this apl_,licati;_n. No other person appeared in support of, or
in opposition to this application.
Mr. Love}cin, Chairman, disqualified himself from the
decision on this application, having previous knowledge of this
matter and nr. K. SchoenmakQr, senior member, conducted the
hearing on this case.
The Secretary -Treasurer presented the following material
to the meeting:
1. A certified plan of jurvey, prepared by A.D. Brown
OLS, 121 Queen Street, 3owmanville, Ontario, dated
March 27, 1972
The Committee perused the Man of Survey; referred to minutes
of meetings January 31 and February 28, 1972; recall -ed their
in.pcction of tho prcpe ty on February 26, 1972 and on motion
by E.M.R. Osborne, seconded by K. Schoenm,ker, this applic;tion
for severance of one acre was grrnted, subject to the following
condition:
Page 8
Meeting CommiL-tne of Adjustmelit, karch 27, 1972:
That the orchard land to be conveyed by D4arie 0. Gibson
to her son Gerald Gibson shall cont in the `cllowi.ng clause:
1. SU-JLCT to the restriction, limitation and condition
that the landscherein described shall not be sold,
transferred or conveyed, or any equity therein,
with the exception of a mortgage, be sold, trans."erred
or conveyed to any person, firm or corporation other
than to a person who is a member of the Gibson family,
for any use other than its present existing use 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.
CLASSIZICATICN Zoned 10 "A" Append. 1 (i)
:application File No. "3"1-72
A. Kay Lycett O.C., :'.gent,
Barrister Solicitor,
Orono, Ontario,
Vaclav Prosek Agnoo "Prosek,
I. i+l, Orono Ont, Owners,
for part of Lot 12, Con.,
Township of Clarke,
Submission Ito.
As business arising from minutes of meting February 25,
1972, this application was broucht forward for further_ consideration.
DIo person appeared in sup,ort of, or in opposition to this
application.
As a matter of record the Committee inspected this pro.erty
on Thursday March 1C, 1972 and spoke to Pira and nrs. Prosek.
The following facts were noted:
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1. A large John Deer Tractor, approximately 5 years
old', equilynd with a front end loader. A manure
spreader and haying equipmcnL, party buried
undo the snow w:a s in evid,ance;
2. A Vall barn was on the pro e.rty and Mr. Prosek
stated he r iced seven veal c_lves 1st year;
3. The lend, generally behind the house, is partly an
old grTvcl.,pit and appeDred "rough" looking property
anriculturally, but the heavy snow prohi„ited any
de ailad inspection_.
3asically the applicant is ra,uestinc to divide a 23 acre parcel
so that both the existing house and a new house can be contained
on this acreage. The Committon agree with the applicants'
contention that pro'b l • their Tamil, has outbown the existing
house, but they arc unDble to agree that this constitutes grounds
for granting a severance of 1,_.nds.
If, through a by -low amcndmont, a re -zoning to "rural residcnLicl"
was granted, following an application to the Flanning 3oard; then
a land severayce could,be considered. The land is presently
zoned ":'.gricultural" and the mi2imum lot size in, such a Zone is
40 acres and insufficient reasons have been given in this
application to justify L -he severance requested.
The Secretary w"s instructed to send a copy of these minutes to
W. Kay LyceL-t �.C., agent for the -applicant, and this aPplicati.on
wgs adjourned until the next meeting.
•-CLASSIFICAT I; A 10 "A"
Page 9
Meeting Committee of .%djustment, Parch 27, 1972:
General Business'
The Secret Irv -'Treasurer preLenLed the lollo�aincj 1.1atcrial to the
meeting:
1. Minutes of the Flanning ioard dated February 25 and l -arch 16,1972;
2. Correspondence from Horace R. Best, Secretary -Treasurer
Clarke Planning Board, regarding Ir. '.im. i'. .. roctor,
Lot 31, Con 6 and Official Flan, stating in part
"The Planri_;ig Consultants had not given any specific
con:>i.Jeration in the Official l:.n tcu Lhe area iri
question."
3. Correspondence frim' Dept. of i4un_cipal Affairs, dated
ilarch 3, 1972 regarding summer jobs for students;
Interview:
Pir. James Trim'',le, Hewaonvillr, O,_L:.ri-o, wa6 (jrc.nted
an intE.']:view L -,2a prop -sed application for a minor varl.ance
on a lot previously severed by tine Committee of Adjustr.ient.
PIr. Trihlble e:q;laimed '--het he had i,urchased this oro )erty in
Nov--rLiber 1971, and until he had a:,plied for a builcing permit
was unaware th-,t a minor varic.ncc would be required to allow
the frontage of 1221, when the by-law requires 150' in an If,,
,,one. He has a builder engaged and material bought for his
home. Mr. 'Trimble requcsted the Committee's early cons i.deration'
of an application.
The Committee set the date ofj� ril 10, 1972 for the hearing
of this c se and in tha meantime will in-: ect the proplerty.
Appeal by Jean Goode against - Oecision
The Secretary1rer .;urtcd 'L -I1 E.t "th:LS appe&l w<. ;
heard by IlL-. L=.' . Jm_L]i, Tire t'.ric runicipal uoard, on hursday
PIarch 23, 1972. The follo„i'.-ny pe.csons attended:
Secretary -Treasurer - Iirs. ellen Ii. -eo,
Committee ilember -'.. Osborne
Applicant - I°lrc. J_:,an Goode accompanied by tier '
husband I,tr. Harold Good' and
rIesr, s. .riank & Jcviul Gray, I•rs.
'Am. _:udciell, abuttirir, owners.
,'.t U'ie co_.clusioiT of the h_4r-.n: L.r, Snith rcv>orted that
the decision on this c -se would b_ forwarded in due course.
This being all the business at this
11:00 P.M.
Lime, meetin; adjcurned at
C: r i r:nan