HomeMy WebLinkAbout12/07/1972MEETING OF THE
COMMITTEE OF ADJUSTMENT
Thursday, December 7, 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
The minutes of meeting,November 6, 1972 were approved
on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried.
Applications File "B"29-72
"B"30-72
"B"31-72
"B"32-72
Donald & Shirley Henry,Owners,
R.R. 42, Orono Ontario,
Sheldon Fischman Esq. Agent,
Hyman,Diamond & Fischman,
Barristers & Solicitors,
136 Simcoe St. N.,
Oshawa, Ontario,
for part of Lot 31, Con 6,
Township of Clarke,
Submission Nos."B"29-72-27
"B"30-72-28
"B"31-72-29
"B"32-72-30
As business arising from past minutes, these applications
were presented for further consideration.
The Committee referred to the minutes of meetings
October 2 and November 6, 1972; and the following decision
was made:
These applicants were granted a severance on this land
of a lot 150'x320' in area, on the 31st day of July, 1967
(ref. submission "B"63-67-59). At this time they owned
approximately 6 acres on a corner lot with frontage on the
Leskard and Taunton Roads. The severance granted was "so
located as not to create a second automatic severance."
The lands to the East of the Leskard Road are severed into
lots of 15,000 sq. ft. and a whole series of homes are con-
structed in a ribbon development running North to South on the
East side of the road.
The applicants now propose creating four (4) building
lots on the west side of the road, with frontage on the Leskard
Road.
While the Committee feel that, perhaps, the character of
the area has been established by the creation of several lots on
the east side of the road before controls were imposed, and
that some consideration might,be given to further severances
by the Panning Board upon a proper submission being made; the
Committee do not feel that they are the proper body to approve
such an application which is really a small sub -division.
For these reasons this application for multiple severances
is on the motion of E.F.R. Osborne, seconded by K. Schoenmaker,
refused by this Committee.
CLASSIFICATION 10 "A"
Page 2
Meeting Committee of Adjustment, December 7, 1972:
Application File No. "B"228-69 W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
William Elliott Reid, Owner,
Orono, Ontario,
for part of Lot 1, Con V111,
Township of Clarke,
Submission No. �B11228-69-38
As business arising from minutes of meetings held on
January 14 and February 9, 1970, this application was presented
for further consideration.
Mr. Wm. E. Reid, applicant, appeared in support of this
application. No other person appeared in support of, or in
opposition to this application.
Mr.'Reid, under oath, presented the following material to
the meeting:
1. Certified Plan of Survey, prepared by Merrill D.
Brown Limited, OLS., 121 Queen Street, Bowmanville
Ontario, dated March 24, 1972, file 72038; on
`.which outlined in "black" is the subject land
showing an area of 40.6 acres;
The Committee reviewed the former minutes and facts of
this application with Mr. Reid; recalled their inspection of
the property and following further discussion were of the opinion
that this application would conform to the provisions of amending
by=law 1653 wherein the lot area required is a minimum of 40
acres.
Application granted on motion by K. Schoenmaker, seconded by
E.F.R.Osborne, carried.
CLASSIFICATION 10 "A"
Application File No. "B116-72
A.G. Perrin, Owner,
R.R. #2, Newcastle, Ontario,
for part of Lot 17, Con 3,
Township of Clarke,
Submission No. "B"6-72-17
As business arising from minutes of past meetings, this
application Was brought forward for further consideration.
Mr. A.G. Perrin, applicant, accompanied by Mrs. Perrin,
his wife, appeared in support of this application. No other
person appeared in support of, or in opposition to this`application.
Mr. Perrin, under oath, stated that he had consulted his
Surveyor as to a suitable division of the land, upon the"
recommendation of the Committee at their meeting October 2,
1972. Mr. Perrin presented the following material to the
meeting:
1. Certified Plan of Survey, prepared by M.D. Brown
OLS., 1106, Bowmanville, Ontario, dated November
23, 1972, file 72150;
The Committee perused the Plan of Survey noting that the
central portion of 40.098 acres to be severed automatically
severs two other parcels of 40.006 and 42.421 acres respectively.
They also noted that three lots had been severed from the
southem 40.006 acre parcel. Mr. Perrin stated that these lots
had been sold a number of years ago. Following further dis-
cussion Mr. Perrin confirmed that he wishes to sell the 40.098
parcel and retain the northerly 42:421 acre parcel which
would give him access to part of the creek.'
Page 3
Meeting Committee of Adjustment, December 7, 1972:
The Committee:
1. Referred to minutes of meetings April 24;
May 23; and October 2, 1972;
2. Recalled their inspection of the property
on May 12, 1972;
3. Granted Mr. Perrin's request to amend his
application to conform with the Plan of Survey; -
Application granted on motion by E.F.R. Osborne, seconded by
K. Schoenmaker, carried.
CLASSIFICATION 10 "A" - Appendix 1, (b)
Application File No. "B"37-72
Herman B. Horstman, Owner,
Newtonville, Ontario,
W. Kay Lycett Q.C., Agent,
Barrister & Solicitor,
Orono, Ontario,
for part of Lot 10, Con 1,
Township of Clarke,
Submission No. "B"37-72-35
As business arising from minutes of meeting November 6,
1972, this application was brought forward for further consideration.
Mr. Herman B. Horstman, 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 Friday, November 24, 1972, and noted the following
facts:
1. The subject land is located on the western
extremity of the Hamlet of Newtonville fairly
close to the south side of Highway #2 and
several yards north of Highway #401;
2. Located on the"property,of the proposed purchaser
Mr. Ben Angi, was a bungalow facing west and
`behind the bungalow was a large brick garage;
3. It was apparent that lir. Angi was purchasing
land from an abutting owner, in this case,
Mr. H.B. Horstman the applicant, and adding to
an existing lot;
Mr. H.B. 'Horstman, under oaths, presented the following
material to the meeting:.
1. A certified Plan of Survey, prepared by M.D.Brown OLS.,
1106, Bowmanville, Ontario dated December 7, 1972
file 68093-B. The Committee perused the Plan of
Survey and granted Mr. Horstman's request for
permission to amend the application to conform
with the Plan of Survey which revealed an area
of 2.56 acres rather than the 2 acres as applied
for.
Following further discussion this application was granted
on motion by E.F.R. Osborne seconded by K. Schoenmaker, subject
to the following condition:
1. That the land being purchased will be held in the
same name ovhames.as the land presently owned by Mr. Ben Angi
so that the new parcel will -merge with the property already
held and become one property. carried.
The Committee explained the time period for appeal to the applicant
who„verbally indicated that he understood this decision would not be
final until such time had elapsed. CLASSIFICATION "RR” . . . . . .
Page 4
Meeting Committee of Adjustment, December 7, 1972:
Application File "B"34 -72 -
Harry A. Kuehn, Owner,
R.R. #1, Newtonville, Ontario,
for part of Lot 6, Con 2,
Township of Clarke,
Submission No. "B"34-72-32
As business arising from minutes of November 6, 1972
meeting this application was presented for further consideration.
Mr. Harry A. Kuehn, applicant, accompanied by lair. and
Mrs. Murray Payne, proposed purchasers, 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 Friday, November 24, 1972 and noted the following
facts:
1. Mr. Kuehn did not live on the property as the
house on the said property burned down a year
ago. He was located in the apartment where he
lives at Elliott's Auto Wreckers a mile east of
the property on Highway #2;
2. Mr. Kuehn accompanied the Committee to the
site where a new slaughter house had been
constructed for the slaughtering of rabbits. This
was a small cement block building with a steel
roof. The rabbits had previously been housed
in an old barn, now in the process of being
demolished and a new barn for the care of rabbits
had been constructed.
3. All these observations confirmed, in the Committees'
mind that Mr. Kudn was carrying on a valid farming
operation in the rearing and slaughtering of rabbits
and that the lands he proposed to separate from his
existing holdings and sell to an abutting farmer
were not necessary for the style of operation that
he was now conducting.
Mr. Kuehn confirmed, under oath, that the raising and slaughtering
of rabbits was his main source of income. This is a transfer
of agricultural land from one neighbour to another.
Mr. Murray Payne confirmed, under oath, that.he had no intention
of using the subject land for any other reason than agricultural.
To the best of his knowledge the road allowance is,still a legal
road allowance. The parcel is landlocked other than the unopened
road allowance. The Committee intimated that they will require
a restrictive clause be inserted in the deed of the subject
land, to which Mr. Payne verbally agreed.
This being all the discussion at this time Mr. Kuehn was
requested to present a certified Plan of Survey prepared by an
Ontario Land Surveyor and this application was adjourned awaiting
presentation of the required material.
CLASSIFICATION 10 "A"
Page 5
Meeting Committee of, Adjustment, December 7, 1972:
Application File "BM35-72 Norman & Evelyn Ruth Brown,Owners,
R.R. 4*2 Bowmanville, Ontario,
L.C. Mason, Q.C., Agent,
Box 129, 135 Wellington St.,
Bowmanville, Ontario,
for part of Lot 79 Con 4,
Township of Clarke,
Submission No. "B"35-72-33
As business arising from minutes of November 6, 1972 meeting
this application was presented for further consideration.
Mr. and IIrs. Norman Brown, applicants, 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 Friday, November 24, 1972 and noted the following
facts:
1. Mr. and Mrs. Brown do not live on the property
and one Mrs. Newell owns and lives on a 3 acre
parcel that, obviously, was once part of the
whole farm embracing the property now under
consideration. Mrs. Newell had a kennel and -
she raises German Shepherd dogs. The land she
was occupying appeared adequate for such purpose;
2. The proposed.severance would split the subject
land in half leaving approx. 470' frontage on
the road allowance between concessions 3 & 4
for the east parcel and approximately 585' frontage
on the same road for the west parcel;
3. There was no particular topographical feature
which would demark the land into two acreages
and the severance is purely a severance down the
centre of the lands presently owned by the
applicant, Mr. Brown;
4. The land was not of a calibre of outstanding
agricultural merit but rather low lying land with
a stream through it, suitable .: for grazing
Mr. Brown, under oath, confirmed that the subject land
was used for pasture. He.owns approximately 95 acres in
,the Clarke Township which has been used as pasture land for
about 5 years. The house and parcel of land of 3 acres was
severed before he purchased the land.
Mr. Brown was requested to present a certified plan of Survey
prepared by an Ontario Land Surveyor and this application was
adjourned awaiting the requested material.
CLASSIFICATION 10 "A"
Page 6
Meeting Committee of Adjustment, December 7, 1972:
Application File "B"36-72 Carl Todd Owner,
R.R. 41, Newtonville, Ontario,
Rowland Spencer, Agent,
Real Estate Agent,
137 King St. E.,
Bowmanville, Ontario,
for part of Lot 2, Con 4,
Township of Clarke,
Submission No. "B"36-72-34
As business arising from the minutes of meeting November
69 1972 this application was presented for further consideration.
Mr. Carl Todd, applicant, accompanied by his agent Mr.
Rowland Spencer, Real Estate Agent, Bowmanville, Ontario,
and Mrs. Carl Todd 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 Friday, November 24, 1972 and noted the following
facts:
1. The Committee recalled their inspection of
the site on a previous occasion when a severance
was granted to Mr. Todd (ref. "B"73-67-120- decision
September 23, 1968);
2. The Committee noted that while a 40 acre severance
was requested it is possible that Mr. Todd would be
left with a 39 acre lot in remainder. Without
a proper Plan of Survey, however, it is difficult
to say whether or not there is 80 acres in the total
parcel. If, in fact, two 40 acre lots could be
created there is nothing in the nature of the area
which would prohibit such a lot. The area is
served by an adequate road network and the topography
of the land is suitable for house construction, from
a topographical standpoint;
3. A 40 acre lot would not be in contravention of
any aspect of the proposed Official Plan;
Mr. Todd, under oath, confirmed that the subject land
comprising 80 acres is separate and apart from his farm of
100 acres, in that these two parcels are separated by a
Township Road. He also sharecrops 135 acres.
Following further discussion Mr. Todd was requested to present
a certified Plan of Survey prepared by an Ontario Land Surveyor
and this application was adjourned awaiting the requested -material.
CLASSIFICATION 10 "A"
Application File "A"25-72 Charles John & Mary Hynes, Owners,
R.R. #27 Bowmanville,,Ontari.o,
for part of Lot 10, Con 1,
Township of Clarke.
This application came on before the Committee and the
applicant Charles J. Hynes, under oath explained his application.
Mr`. Hynes drew to the Committee's attention the fact that
the Building Inspector Mr. H.R. Best had declined to issue a
building permit on the grounds that the Committee's former decision
for a Minor Variance on this lot, while it specifically reduces a
frontage requirement, it had not dealt in specific terms with the
reduction in the area requirement. The applicant's problem was,
therefore, to pursue a course of action which would result in the
issuance of a building permit and this was his only concern.
Page 7
Meeting Committee of Adjustment, December 7, 1972:
The Chairman, E.R. Lovekin explained to the applicant
that, in the:opinion of the Committee, they were now funetus officio
in regard to an application concerning the subject land, since
an application had been before them; a decision had been made;
and the time for appeal had lapsed. While admittedly the reasons
for:judgment by the Committee in the previous case might in
retrospect have been more clearly stated, an examination of
that decision clearly indicated that the Committee had full
knowledge of the size of the lot as stated in the application
and, with this knowledge, they granted the applications for
-a severance and a minor variance. The Committee, therefore,
being aware that the lot in question was intended to be used
as a building lot, their decision as made was intended by them
to allow the necessary variances to enable a single family
dwelling to be erected on the lot.
The Committee requested the Building Inspector to appear
before the Committee and the facts and disposition of this
case were made known to him personally. Mr. Best indicated his
acceptance of this explanation.
Upon the conclusion of this discussion and review of the
facts, the applicant requested permission to withdraw his -
application. This request was granted by the Committee and the
Secretary was instructed to send a copy of these minutes to
Mr. Best for his records.
Application File "A" 26-72
W.L. Phillips, Owner, -
285 Blake St. Barrie Ont.,
B. Borkowski, Agent,
99 Scott Street,
Whitby, Ontario,
for part ofLot 26, Con 5,
Parcel "E"
Township of Clarke,
Submission No. "A"26-72-25
Application was made for exemption or partial exemption
from provisions of amending by-law 1653 for relief from section 1 sub
sec (9) of appendix 1 to permit a reduction of 2.88' from the
required minimum setback of 93' as measured from the entire line.
of the road allowance to the nearest main wall of the dwelling.
Mr. B. Borkowski, builder, and as agent for the applicant
appeared in support of this application. No other person appeared
in support of, or in opposition to this application.
The following material was presented to the meeting:.
1. Direction authorizing Mr. B. Borkowski to
act on behalf of the applicant W.L. Phillips
dated 21st day of November, 1972 signed "William
L. Phillips"
2. Plan of Survey prepared by Flim and Trollope
OLS., 111 Elgin St. E. Oshawa, Ontario,
dated Feb. 29, 1968, W.O. 3501, outlining in
"red" the subject land;
3. Plan of Survey prepared by Merrill D. Brown
Limited, OLS, 121 Queen St. Bowmanville, Ontario,
dated August 25, 1972, file 72126- annotated
"this plan was not prepared for registration"
4. Plot Plan dated July 28;, 1972;
J
Page 8
Meeting Committee of Adjustment, December 7, 1972:
The Committee perused the material presented and
Mr. Borkowski, under oath, stated that during excavation
the stakes were accidently dislodged and relocated incorrectly.
Apparently his carpenter Mr. B. Musy, had made this error
without Mr. Borkowski's knowledge. This is a 10 acre parcel.
Application adjourned to enable the Committee to
inspect the property.
CLASSIFICATION 10 "A"
Application "B" 39-72 Argus Curtis Owner,
Kendal, P.O., Ontario,
Roy A. Foster, Agent,
Kendal, P.O., Ontario,
for part of Lot 13-14,
Concession 8,
Township of Clarke,
Submission No. 11B1139-72
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 40 acres from the applicant's
land in an agricultural zone.
Mr. Argus Curtis, applicant, accompanied by his agent
Mr. Roy A. Foster, appeared in support of this application.
Messrs. Garland Cathcart and Thomas Stevens, abutting properties,
also appeared. No other person appeared in support of or in
opposition, to this application.
The Secretary -Treasurer reported that 21 notices of the
said hearing had been mailed in accordance with Item 5 of The
Rules of Procedure.
The Secretary presented the following material to the
meeting:
1. Letter of authorization signed "Argus C. Curtis"
that Roy A. Foster act as agent before the Committee .
of Adjustment in this application;
2. Plan of Survey, prepared by "I.D. Brown OLS., 1106
Bowmanville, Ontario dated August 4, 19729 file 72108;
Mr. Argus Curtis, under oath, stated the following facts:
1. He has owned the lands under discussion for
approximately 20 years, since his father died;
2. This was a family farm;
3. The land is rough, partly covered with timber;
used as pasture land at present;
4. The total area is approximately 222 acres;
5. .This application is for permission for a severance
of a centre 40 acre lot which in effect will create
three severances;
Mr. Roy Foster, under oath, indicated the proposed severance
of a centre lot of approximately 40 acres leaving approximately
80 acres to the north and approximately 80 acres to the south ,
the exact area to be revealed by a new Flan of Survey;
Page 9
Meeting Committee of Adjustment, December 7, 1972:
Mr. Garland Cathcart, under oath, perused the Plan.of
Survey prepared by M.D. Brown OLS., and indicated his interest
in the road allowance between lots 12 & 13 running north of the
8th concession and his evidence is to the effect that the north
end of this road allowance which is marked "not open" on the
map is in fact "open". Mr. Cathcart stated verbally that he
had no objection to this proposed severance.
Mr. Thomas Stevens also verbally stated that he had no
objection to this application.
This application was adjourned to enable the Committee
to inspect the property.
CLASSIFICATION 10 "A"
Application File No. "A"24-72 Vinetta & John Makkreel,Owners,
Box 762 Claremont,Ontario,
for part of Lot 31, Con 1,
Parcel "A"
Township of Clarke,
Submission No. "A"24-72
Applicati:n was made for exemption or partial exemption
from provisions of amending by-law^1653 for relief from required
side yard provision of 25' under append. 1 sec. "F" to a side yard
of 19'.
Mr. and Mrs. John Makkreel, applicants appeared in support
of this application. Mr. Barry Godfrey, R.R. #2 Newcastle,
Ontario, an abutting owner also -appeared. No other person
appeared in support of, or in opposition to this application.
The Secretary Treasurer reported that 21 notices of the
said hearing had been mailed in accordance with Item 5 of The
Rules of Procedure.
Mr. E.R. Lovekin, Chairman, disqualified himself from the
discussion on this application, having previous knowledge of
this matter. Mr. K. Schoenmaker, senior member, conducted the
hehring on this case.
Mr. John Makkreel, under oath, stated the following
facts:
1. He purchased this property approximately
a year ago;
2. This is a vacant lot on which he wishes to build
a house with an attached single car garage;
3. The frontage of this lot is 75' and with the by-law
requirement of 25' sideyards the width of the
house would be only 131;
4. Mr. Makkreel presented a sketch of the proposed
house which will be built in depth to keep it
as narrow as possible. The house will be of splitlevel
type with a 19' side yard on each side or a 251on one
side and 13' on the other side;
Mr. Barry Godfrey, a neighbour to the north, perused the
pencil sketch of the proposed house with an attached garage
and stated verbally that he had no objection to this application.
Mr. John Makkreel stated further that he purchased the last
lot of four, there are three new bungalows to the south.
Application adjourned to enable the Committee to inspect this
property.
CLASSIFICATION 10 "A", append 1 sec f
Page 10
Meeting Committee of Adjustment, December 7, 1972:
General Business: The Secretary presented the following
material to the meeting:
1. Minutes of the Planning Board dated November 9,
November 16, November 18, 1972:
2. Correspondence from Ministry of Treasury,Economics
and Intergovernmental Affairs, dated November 3, 1972.
The Committee noted the contents thereof;
3. Correspondence from The Treasurer of Ontario, dated
November 9, 1972 re A.J. Duesbury file "A"20 -a-72
signed "Charles S. MacNaughton" advising the Committee
that the Department "are prepared to withdraw the appeal
on this submission." The Secretary reported that under
date of November 23, 1972 a letter had been mailed to
Mr. MacNaughton in acknowledgement of his correspondence
and a letter had been mailed to W. Kay Lycett Q.C.,
Solicitor for A.J. Duesbury advising of the decision
and that this matter is now closed in our records.
4. Photostat copies of the following correspondence:
(a) under date of November 17, 1972 from Barber and
Kelly, Barristers & Solicitors, Bowmanville, Ontario
addressed to Mr. H.R. Best, Secretary, Planning
Board re: Clarke Fish & Conservation Club. The
Committee noted the contents thereof;
(b) under date of November 22, 1972 from Sandler,
Gordon & Gleiberman, Barristers & Solicitors,
Toronto, Ontario, addressed to The Clerk, Township
of Clarke, Orono, Ontario, re Clarke Fishing and
Conservation Club. The Committee noted the
contents thereof;
The Secretary reported that the appointment for hearing re
the Clarke Fishing and Conservation Club was held on November
14, 1972, at which time Members K. Schoenmaker and E.F.R. Osborne;
Mrs. E.M. Yeo, Secretary -Treasurer attended. The OMB adjourned
this hearing sine die.
5. The appeal by Bernard Callanan against a decision of
the Committee of Adjustment was held on November 27, 1972
at which time Mrs. E.M. Yeo, Secretary -Treasurer attended.
The Secretary reported that the OMB dismissed the appeal.
6. Application "B"33-72-31 - Daniel Katz- The secretary
reported a telephone call from Mr. Katzadvising that
a letter would be received from Mr. J.A. Francis,
Cemeteries Branch, Toronto, regarding an abandoned
cemetery on the property. The Secretary was instructed
to advise Mr. Harry Katz that his application would
be held over until the next meeting to be held on
January 22, 1972 at which time it is hoped the necessary
material will be presented for consideration.
7. Application "B"38-72 - Wallace Rzeczvcki - Neither the
applicant nor his agent attended the meeting to present
this application. The Secretary was instructed to
advise Messrs. Bonneville, Fitzgibbon & Good, Port Hope,
Ontario that unless someone is in attendance at a meeting
held for the hearing of applications, the file is
held in abeyance until such time as personal submissions
are presented.
This being all the business at this time, meet' c ad' n
.11:30 p.m.
i � �J7�
Secretary-Treas rer m n