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HomeMy WebLinkAbout06/18/1969MEETING of the COMMITTE8_0F ADJUSTMENT TOWNSHIP OF CLARKE Wednesday, June 18,-1969, at 1:30 p.m. K. Schoenmaker Residence, Orono, Ontario. Present: E.R. Lovekin, Chairman, K. Schoenmaker Member E.F.R. Osborne Member Mrs. Ellen M. Yeo Secretary -Treasurer A meeting was held in the home of K. Schoenmaker, Senior Member to discuss current files and to come to a decision regarding two applications. The Secretary -Treasurer presented the following material to the meeting: _ (1) Correspondence from H. DeWith, Clerk, Township of Clarke, dated June 10, 1969 verifying that a copy of the minutes of the Committee of Adjustment to the Reeve and Clerk. will be sufficient. The Committee noted the contents thereof. The, Secretary was requested to file this correspondence. Application File No._195-6-9 Joseph Barnoski, Owner, 110 Park Road N., Oshawa, Ontario, for part of Lot 3, Con 111, Township of Clarke, Submission No. "B" 195-69-171 As business arising from minutes of past meetings this application was brought.forward for further consideration. This property was re -visited by the Committee on Wednesday, June -11, 1969 and the Committee spoke,to Mr. Edward Barnoski, son of the applicant anda brother of Mrs. Davey, The Committee noted the following facts: (1) The entrance to the.proposed property is off the south side of the 4th line in a wooded area; (2) Any building on this lot would be located on a knoll and while some fill would be required for a,dwelling, the site would be suitable for a house; (3,) The following facts have been established to the satisfaction of the Committee: (a) The applicant operates a bona fide agricultural property in the area, namely, a tobacco farm actually supervised by his son, Edward Barnoski; i (b) The proposed dwelling is necessary for accommodation of an agricultural worker, in this case, Mrs. Allan Davey, daughter of the applicant; (c) The severance is necessary in order to provide land for a dwelling which is being financed by the daughter; Page 2 Meeting of Committee of Adjustment, June 18, 1969; (4) The Committee considered it important and -relevant thattthis severance was for a member of the family actively assisting in an agricultural operation; (5) The fact that an abutting owner, Mr. Joseph Francek, a farmer, was concerned that the new lot owners might complain of a nuisapco from his farming operation. This problem was deemed too remote to materially affect this deeision; The Secretary presented a Plan of Survey prepared by Donevan-and Fleischmann, Land Surveying and Engineering, 11 Ontario Street, Oshawa, Ontario, dated June 13, 19697 Job #18138, with legal description attached. The Committee: (1) Referred to the minutes of meetings on May 5, 1969, June 2, 1969; (2) Recalled their former inspection of the property on April 26., 1969; (3) Perused the Plan of Survey presented and noted that the survey showed no monuments. While this was probably due to the fact -that the survey was prepared on short notice, the Committee would like to,make it known that at least one monument should be placed on the applicant's land so the property can be accurately physically located; The Secretary was instructed to correspond with Messrs. Donevan and Fleischmann and bring this observation to their attention. This application was granted on motion by K. Schoenmaker and seconded by E.-F.R. .Osborne on the -sole eondit;Lon. that an Affidavit be sworn by Mr. Joseph Barnoski and a clause be inserted in any deed given that the land shall not be sold or transferred; or any equity therein be given, except a mortgage, to anyone not in the family for a period of 5 years from the date of the granting of this Consent. Carried. CLASSIFICATION "E" Application File No. 199-69 ,Donald C. Evans, Owner, R. R. #kl, Orono, Ontario, William C. Evans.,) Agent, R. R. #1, Orono, Ontario, for part of, Lrot 25, Con 1V, Township of Clarke, Submission No. "A" 199-6.9-6 As business arising from minutes of the past meeting this application was presented for further consideration. As a matter of record this -property was visited by one of the members of the Committee on Thursday, June 12, 1969, Mr. E.F.R. Osborne who noted the following facts:: Y1) A new woven wire fence had been erected on the East side'of the lot in question; (.2) Surveyor's stakes marked the area and it was also marked on the West side with a row of maples;; Page 3 Meeting of Committee of Adjustment, June 18, 1969; (3) The front of tfie subject land is level, but has a gradual slope to the south; (4) A good well exists on the property; (S) There would be no problem regarding septic tank disposal; l (6) The subject land fronts^on a well travelled Township road serviced by telephone and hydro; (7) This has been an established lot for many years and does not meet the required lot area in an agricultural zone of 1 acre, being only 165' x 1651; The Secretary presented a Plan of Survey prepared by' M.D. Brown OLS, Bowmanville, Ontario, dated June 6, 19699 469073, with legal description attached; The Committee: (1) Referred to the minutes of meeting held on June 2, 1969; f (2) Perused the Plan of Survey presented which showed a frontage of 165' and noted that the lot now meets the minimum frontage require- ments of 1501. This had been increased by the addition of one half of a closed road allowance (ref. Plan of Survey #69073). The Secretary was instructed to request Mr. Evans to amend his application accordingly; (3) The applicant in this matter is one Donald C. Evans and his father is William C. Evans. Father and Son have, for a number of years, conducted a farming operation and while the Father has lived on the south side of the road allowance between lots 4 & 5 and the Son on the north side, the machinery used to work the land and other practical farm arrangements have been carried on in a manner typical to a• family farm in this area;, (4) For reasons of age, the father plans:to retire - from the farming operation and has liquidated his property by a sale; (5) The lot on which he wishes to build a house is actually surrounded by land owned by himself (William C. Evans) but since the lot itself stands in the name of the son (Donald C. Evans) no application to the Committee of Adjustment for a severance is necessary. However, while the lot more than meets frontage requirements, it does not meet area requirements and, therefore, an application for a minor variance has been made. In this connection the Committee noted that for many years the lot was the site of a local one room school house and it has been enlarged by the addition of half an abutting road allowance, the said road allowance having been duly closed by by-law 41488 dated August 3, 1965. The lot, therefore, became into existence many years ago and actually is now increased in size by the closing of the road allowance. Page 4 Meeting of Committee�o£ Adjust..ent, June 18, 1969; The Committee were of the opinion that the lot was not created by the applicant but has existed for many years as a separate parcel of land and by not allowing this variance the Committee would only create a sterile lot and, therefore, not maintain the general intent and purpose of the by-law. This application was granted on motion by E.F.R. Osborne and seconded by K. Schoenmaker. Carried. CLASSIFICATION "P" During a general discussion regarding the Committee's policy approving severances that would establish lands intended to be used as recreational holdings in an agricultural zone the Committee considered the fact that, as yet, the . Township of Clarke has no official pian and they are, therefore, unable to look for guidance to such an Official Plan. The problem then arises as to whether all decisions should be adjourned until an Official Plan has been prepared. Based upon comments given at the O.M.B. Hearing in regard to by=iaw 1592 with amendments thereto, at Orono Ontario on Monday, June 169 1969, the Committee were under the impression no Official Plan would be available for a,period of 1 to 2 years. To delay all decisions for such a length of time appears unreasonable. The sole guidance then would appear to be the fact that the Township in enacting by-law 1592 with amendments thereto upon the recommendation of the Planning Board saw fit to include as a proper use in an agricultural zone, lands for a "resort dwelling". Without such a provision in the.by-law, the Committee were of the opinion that no severance for a residential dwelling in an agricultural zone should be considered. The presence of such a provision in the by-iaw, however, must be construed as having some significance or it would not have been included in the by-law. The matter then becomes a question of the consideration of a set of specific facts as to whether or not lands under consideration should be permitted to be used to contain a "resort dwelling." The Secretary was instructed to correspond with Mr. Derek.J.W. Little, P. Eng., Municipal Planning Consultants Co. Ltd., 64 St. Clair Avenue E., Toronto, Ontario requesting his professional opinion on the significance of Section 10 "A" 5 of By -Law 1592. Meeting adjourned at 5:30 in the Council Chamber at Secretary-Treasu r p.m. to 30tY. Orono.