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HomeMy WebLinkAbout05/26/1972MEETING IN COMMITTEE 4:00 p.m. May 26, 1972. Present: E.R. Lovekin B.A. LL.B., Chairman K. Schoenmaker, Member E.F.R. Osborne, Member ,The Committee inspected properties on Friday, May 26, 19729 following which a meeting in Committee was held at the home of member K. Schoenmaker Esq., to discuss the applications concerned and to review the salary of Secretary - Treasurer Mrs. Ellen M. Yeo. Application File "B"1.1-72 W. Kay Lycett Q.C., Agent, Barrister & Solicitor, Allison Cowan, Owner, 87 Fenn Avenue, Willowdale, Ont., for part -of Lot 31, Con 5, Township of Clarke, Submission No. "B1111-72-7 As business arising from minutes of meeting May 23, 1972, this application was brought forward for further consideration. As a matter.of record the entire Committee inspected this property and the following facts.were noted:. 1. This is the last lot in the area and hence an "infilling" operation in a row of houses built on the west side of the "Forestry Farm" on the west side of the Police Village of Oroho.-The lot is 2001x2001, a generous size for a lot in this area. The lot is ideal for a residence in a "Police Village"; 2. The area is zoned "agricultural",; a zoning completely out of character wit) the immediate factual situation re this row of houses. The Committee viewed the situation as an "infilling" operation in a "ribbon development" situation on the edge of the Police Village of Orono;,, It would appear that a rezoning for this particular area might be appropriate but that, of course, is not a matter within the prerogatives of this Committee and this may.have been rejected because of the "Forestry Farm" across the road. It would appear that this is the final lot that can be created in this "ribbon" of houses, and future development will. have to be by way of a registered plan on lands to the West. The Committee reviewed the minutes of May 23, 1972 and on motion by K. Schoenmaker, seconded by E.F.R. Osborne this application was granted because of the proximity of the lot to the Police Village of Orono generally, and_,because of the nature of the existing surrounding area in particular. Carried. CLASSIFICATION 10 !'A" Application File No. "A"21-720 Clarke Fishing & Conservation Club, Owner, 378 King St, W., Oshawa, Ontario, J.B. McMullan, Agent, 378 King St. W. Oshawa, Ontario, for part of Lot 32, Con 7, Township of Clarke, Submission No. As business arising from minutes of meeting May 23, 19729 this application was brought forward for further consideration. Page 2 Meeting in Committee, May 267 1972: As a matter of record the entire Committee visited the site on Friday, May 26, 1972. The Committee had the benefit of the map supplied by the applicant and orientated themselves to the site. The following facts were noted: 1. A large flat area at a nearly constant elevation ran north and south on the west side of the pond about 10 to 12 feet above pond level (estimate elevation only). Generally it looked like a small emergency landing strip of the type built in remote bushland adjacent to good fishing areas. The bank sloping down to the pond from the top of this man- made plateau had been sown to grass seed. The edge of this seeded area at the edge of the plateau was approximately 60 feet from the waters edge of the pond. 2. The applicants own approximately 46.93 acres of land and to grant a variance reducing a 100 foot set back to 25 feet would require the most urgent reasons. The Committee were unable to see that even if they subscribed to the suggestion that esthetics were important, that the best location for a building was, in fact, 25 feet from the pond; 3. Obviously the owners had moved a great deal of earth, and some attention to landscaping could easily locate a building farther back from the pond than 25 feet with no real hardship to the applicants; If the applicants wish an immediate decision on the application as filed, they may so advise the Committee and in that event the decision will be in the negative. It may be there are factors here which were not fully appreciated by the Committee. If the applicants wish to lead further evidence and apply for a "minor variance" other than 25 feet, with supporting reasons, such an amended application will be given further consideration. The Secretary is hereby instructed to write to the applicants sending them a copy of these minutes and asking them if they wish to amend their application or whether they wish a decision on the application as filed. Application adjourned pending further advice from the applicants. CLASSIFICATION 10 "A" Application File No. "A"10-72 Gary & Marilyn Hancock, Owners, R.R. 42, Orono, Ontario, for part of Lot 30, Con 5, Township of Clarke, Submission No. "A"10-72-10 As a matter of record the whole Committee inspected this property on Friday, May 26, 1972. The following facts were noted: 1. The applicants' property is one house in a whole row of houses built just before proper land controls were imposed in the Township. There was an extensive "ribbon development" on the east side Of this particular north south road on 75' lots. Page 3 Meeting in Committee May 26, 1972:. 1. cont'd - The character of the7area was thus established. 2. The house to the north has its main foundation wall about 4' from the boundary and has a projecting chimney about 12" in depth putting the chimney within about 3' of the north boundary of the property; 3. The house to the south side is 20' or so from the south boundary of the Hancock lot and has an asphalt driveway running to the rear of the house with 2 cars parked on the asphalt at the time of inspection. The car farthest to the north of the driveway was parked within 4' of the boundary; 4. The second house to the south had a gravel drive- way and a truck and boat parked beside the house in a similar pattern between the house and the lot boundary; 5. The third house to the south had a gravel drive- way with a "parking" pattern with one car parked thereon; From these particular cases and following a general survey of the entire area it is quite obvious that the'developer who built all the houses in the area, set the houses close to the building line on one side and farther away on the other to allow for a wide drive and car parking on that side of the house. In this area the topography is generally that a stream runs southerly parallel to and east of the north south road. This gives a very delightful "green belt" backyard for the houses and also means the septic tanks are located close behind the houses and probably land excavated from the basements built up the back yard immediately adjacent to the house where the septic tanks were placed. The most easterly extreme of the back yards is 12 to 15' lower than grade at the rear of the house. The fact that there is such a "green belt" makes the grass and vegetation green and beautiful. To require any garage to be placed in the applicants' back yard close to the house would interfere with the septic system and to place the garage farther back in the year yard would present too serious a grade problem. The Committee were concerned that this decision will obviously create an "area" precedent. In spite of that, a decision must be made. The Committee were concerned that such a decision will, in effect, reduce side yards in the area to a very basic minimum. To deny the application, however, would be to deny garages to the People living in these homes. While the Committee do not want to encourage a wholesale usurpation of the function of the Planning Board, it is clear that an agricultural zoning in this area is simply unrealistic.' It is a "ribbon development;"non-conforming use" inherited from the days of no controls. On these very particular facts the application was granted JJ on motion by E.F.R. Osborne, seconded by K. Schoenmaker subject to the following conditions:. 1. 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 Page 4 Meeting in Committee May 267 1972: 1. cont'd - 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 applicants 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"20-72 Northumberland & Durham Owner, County Board of Education Mr. Jack Hayden, Assistant Business Administrator, Agent, D'Arcy Street N., P.O. Box 470, Cobourg, Ontario. for part of Lot 31, Con S, Township of Clarke, (Leskard School) Submission No. "A"20-72-11 As business arising from minutes of meeting May 23, 1972, this application was brought forward for further consideration. As a matter of record the whole Committee inspected this property on Friday, May 260 1972. The following facts were noted: 1. This was a large lot atop a knoll on the north side of a well travelled east -west road. Many large sized trees exist on the lot and the two storey building is well located on the lot with a very long set back and adequate side yards; 2. Leskard is a Hamlet located to the south and east of the well known "Mosport'" raceway. This lot and dwelling with a little imagination could be converted into a very beautiful country home. A single family dwelling on a generous sized, well located "high" lot could easily be created; 3. The Committee were unable to locate the exact area of the septic tank, but the lot was on high ground with adequate area for a proper septic tank and this matter was left for any necessary action by the Health Unit; Application for permission to use existing two storey frame school, with renovations and/or additions, as a single family dwelling, rear yard relief of approximately 14' and floor area relief of approximately 90 square feet granted on motion by K. Schoenmaker, seconded bay_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 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 5 Meeting in Committee May 26, 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 J forthwith thereafter forward to the Secretary of the J 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"19-72 Northumberland & Durham Owner, County Board of Education Mr. Jack Hayden, Assistant Business Administrator, Agent, D'Arcy Street N., P.O. Box 470, Cobourg, Ontario, for part of Lot 23, Con 9, Township of Clarke, (Enterprise School) Submission No. "A"19-72-12 As business arising from minutes of meeting May 23, 19722 this application was brought forward for further consideration. As a matter of record the whole Committee inspected this property on Friday, May 26, 1972. The following facts were noted: 1. This land and buildings are located on the east side of Highway 4115 and Highway #35 which are one at this location, at the foot of Enterprise Hill; At the top of Enterprise Hill, slightly to the north, Highway #115 goes east to Peterborough and Highway #35 goes north to the Town of Lindsay, Ontario; 2. The noise -of traffic is considerable for a rural location, largely because of the hill; 3. The one storey frame schoolhouse appeared to be in reasonable condition with the exception of large areas of peeling paint; 4. The lot or former school yard is fenced and unfortunately the school is poorly located, in that it is fairly close to the southerly boundary fence. The nearest house on the east side of 4115 Highway would be over quarter mile away; 5. Abutting lands to the north and east have obviously been reforested and the trees are generally 10 to 15' in height providing a scenic background. The grass had obviously -not -been cut this year and desks and boxes were stored in the building. In the opinion of the Committee the building would be probably better maintained if purchased and used as a single family dwelling;. Application for permission to use existing frame school, with renovations and/or additions, as a single family dwelling, front- ard relief of approximately 181, floor area relief of 382 sq. ft. rear and r lf t rantedeon,iee m 2 2 6 6 fe-Ey E.F.R. Osbgrne, seconded by K. Schoenmaker, subject to the following conditions . . . . , McSTA9 in Committee May 26, 1972: 1. 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 o� Municipal.Affairs of the Province of Ontario; 2. This decision should not be registered on titl,e.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. "B"16-72 Andrew Sutch, Owner, R.R. #3, Pontypool, Ontario, for part of Lot 18, Con 10, Township of Clarke, Submission No. B1116-72 - As business arising from minutes of May 23, 1972, ,this application was presented for further consideration. As a matter of record the whole Committee inspected this property and the following facts were noted: 1. The Committee were accompanied by Mr. and Mrs. Sutch. The large greenhouse, kilns and many other facts all verified that these lands had obviously been used for many years as a tobacco farm; 2. There is no doubt that Mr. Sutch is entitled to come under the specific provision of a "bona fide farmer" and the sale of his tobacco rights entails the sale of land as per Government regulations. His discontinuance of tobacco farming requires the sale of land to convey away his marketing board rights; The Secretary was instructed to request a proper Plan of Survey, certified and prepared by an Ontario Land Surveyor and this application was adjourned awaiting receipt of the requested material. CLASSIFICATION 10 "A" Theproperties of Messrs.'Elmer Harris and Bernard Callanan were also inspected, but due to the fact that correspondence is to be received from Mr. E.R. Woodyard, Secretary, Police Trustees, Orono, Ontario, these applications were adjourned until the requested material is received. General Business - The salary of the Secretary -Treasurer was discussed and after due consideration it was moved by E.F.R. Osborne, seconded by K. Schoenmaker that it be recommended to -the Township Council that the hourly rate paid to the Secretary -Treasurer of the Committee of Adjustment be increased by 25¢ per hour, retroactive to the fiscal period for all Municipal employees' wage increases. Carried. Meeting adjourned at 4:45 p.m. Secretary -Treasurer man