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HomeMy WebLinkAbout07/07/1969Q Page 10 Meeting of Committee`of Adjustment June 30, 1969; This iscfurther substantiated by Section 309 subsection 3 of the Planning Act, Chapter 296 Revised Statutes of Ontario which subsection would apparently indicate that the legislature of the Province of Ontario have some concern in matters such as this. The prime concern of the Committee at this time, of course, is simply whether or not a minor variance in the matter of reduction of frontage from 120, to 100' should be allowed. The Committee felt that under the circumstances they should request the applicant to.contact the officials of the Northumberland and Durham Health Unit at Cobourg to request from them an opinion as to the suitability of the area for the installation of septic facilities.. The Secretary was also instructed to ask Dr. Horner, if, in her opinion, this is a matter that should be referred to the Ontario Water Resources Commission. .The Committee noted that there were approximately 5 or 6 lots in the area which were held under separate deeds. This application was adjourned for one week to enable the Committee to visit the site. c CLASSIFICATION`"P" General Business: At the conclusion of the meeting the Committee of Adjustment met with the Reeve and members of Council in order to discuss their policy regarding the future development of the Township as to whether this Town- ship should be developed into a predominately agricultural are or whether it should be developed into a predominately urban area. The Council could not provide the Committee with an immediate answer but will define their policy on this aspec of planning for the Township of Clarke within the near--futai Meeting adjourned at 1:45 a.m. Secretary-Treasure MEETING of the c COMMITTEE OF ADJUSTMENT - Monday, July 71 1969 at 8:00 p.m, Council Chamber Present: E.R. Lovekin,. Chairman, K. Schoenmakerv, Member, E.F.R. Osborne, Member, Mrs. Ellen M. Yeo, Secretary -Treasurer, The minutes of meeting held on Monday June 30, 1969 were approved as read on motion by E.F.R. Osborne and seconded by K. Schoenmaker. Carried. Application File No. 184-69 As business arising from minutes was brought forward for further W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario,. Conley James Battams, Owners, Verna Muriel Battams, Leskard, Ontario, for part of Lot 31, Con Vll, Township of Clarke, Submission No. '8" / Of past meetings this application consideration. Page 2 Meeting of Committee of Adjustment July 7, 1969 W. Kay Lycett B.A., Barrister & Solicitor, Orono, 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. Lycett presented to the meeting a photostat copy of a letter from the office of E.R. Lovekin, Barrister & Solicitor, Newcastle, Ontario dated 11 August 1965 wherein the applicants had been advised that the extra lot, which they are now requesting be severed, was registered as a separate transaction. Mr. Lycett requested the Committee to accept this letter as the documentary evidence referred to in the minutes of meeting May 5, 1969. The Committee questioned Mr. Lycett as to the exact location of the subject land,.whether it was in an "Rl" zone or not. Mr. Lycett indicated that he would contact Mr. Merrill Brown, OLS and provide this information at the next meeting to be hei_d on July 14, and this application was adjourned until then. CLASSIFICATION "O" Application File No. 190-69 Messrs. Strike & Strike, Agent, Barristers & Solicitors, Box 7, Bowmanville,Ontario, Orley Trew, Owner, R.R. #1, Campbellcroft, Ontario, for part of Lot 1, Con. V111, Township of Clarke, Submission No. As business arising from minutes of past meetings this application was brought forward for further consideration. Mr. John Perdue, the proposed purchaser appeared in sup?_,ort of this application. No other person appeared in support of, or in opposition to this application. The Secretary reported that a telephone call had been received from Mr. Alan Strike, Messrs. Strike & Strike, Bowmanville Ontario that Mr. M.B. Kelly, agent for the applicant was unable to attend this meeting as he was absent on -vacation. The Secretary was instructed to write the applicant Mr. Orley Trew with a copy to Mr. M.B. Kelly that this file will be considered at the next meeting on July 14, 1969 and this application was adjourned until that date. CLASSIFICATION "E" Application File No. 197-69 Lewis C. Tiffin, Owner, R.R. #1, Newtonville, Ontario, (deceased) Mrs.,Lewis C.-T-iffin,- Owner, R.,R. #1, Newtonville, Ontario, :for part of Lot No. 10, Con lv, Township of Clarke, Submission No. "B" 197-69-172 As business arising from minutes of past meetings, this application was brought forward for further consideration. No person appeared in support of or in opposition to this application. F As d matter of record the Committee visited the property on Wednesday June 11, 1969 at 6:15 p.m. and spoke to Mrs. Tiffin. The property is located on the north side of the 4th line on Lot 10 just to the West of a Hamlet known as "Crooked Creek". Page 3 Meeting of Committee of Adjustment July 7, 1969; There are several small holdings in the general area, and the surroundings are scenic. A small grocery.store at "Crooked Creek" is about one quarter of a mile east of the property and serves the area. The original applicant Lewis C. Tiffin died on or about the 17th of May, 1969 while his application was pending. His surviving spouse, the wife, was substituted as applicant and the Secretary was instructed to amend the application accord- ingly. Mrs. Tiffin told the Committee that her husband had worked long hours and that various small farming operations involving goats and chickens had been carried on, but she had done most of the work. A shed on the property housed a Fordson Tractor and agricultural implements such as a three point hitch cultivator and older type raking equipment was in evidence. A separate culvert and driveway gave access to this shed which was close to the road on the east side:of the property, this implement shed having about the'same set back as the house. The western boundary of the property was clearly indicated' by a line of survey stakes which Mrs. Tiffin said the neighbour had Put in when he purchased abutting lands and seemed to confirm the' established boundary. Mrs. Tiffin was asked.on what basis she proposed to sever the property and she replied that she understood that she could keep her house and one acre and sell the remainder. No other positive reason was given. The Secretary -Treasurer presented to the meeting a,pen sketch of the subject lands prepared by Mr. Lewis Tiffin and dated April 24, 1969. - The Committees (1) Referred to the minutes of June 2, 1969; (2) Recalled their inspection of the site; (3) Perused the pen sketch presented; The Committee have consistently maintained that there is no automatic one -severance to one owner rule. Each case must be considered on its merits. This holding is an excellent small holding, but to sever it would create minimal sized units contributing to a "ribbon development" situation. There being no clear reason -why this severance should be granted this application was refused on motion by E.F.R. Osborne and seconded by K. Schoenmaker. Carried. `CTLASSIFICATION "E" Application File No. 203-69 W. Kay Lycett B.A., agent, Barrister & Solicitor, Orono, Ontario, Elizabeth Louise Wilson Owner & Estate of Mary Lulu Grady C/o William A. Grady, Orono, Ontario, for part of Lot 14, Police Village of OrOno, Twp. Clarke Submission No. "B"204-69-173 As business arising from the past meeting this application was ]Qrpught forward for further consideration. Page 4 Meeting of Committee of Adjustment July '7, 1969; W. Kay Lycett B.A., Barrister & Solicitor, agent for the 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 Committee visited the site on Saturday July 5, 1969 and interviewed Mrs. Armstrong and inspected the site. It was determined visually and by rough measurement that the abutting property would not be reduced below an acceptable size by the sale of the land in question. The surrounding property to the north east appeared to be of sufficient size to prevent the development of sewage problems. The Committee: (1) Perused the Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario dated May 21, 1969 and numbered 69061 with legal description attached; (2) Referred to minutes of meeting June 30, 1969;; (3) The Committee were of the opinion that this would be an addition to an existing holding. Application granted on motion by E.F.R. Osborne and seconded by K. Schoenmaker. Carried. CLASSIFICATION "H" Application File No. 204-69 x ref 122-68 Clifford Newton Winter, Owner, Elva Lavinua'Winter R.R. #z, Orono Ontario W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, for part of Lot 28, Con,V, Township of Clarke, Submission No. "B" 204-69-174 As business arising from the past minutes this application,was brought forward for further consideration. W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, appeared on behalf of the applicant, in support of this application. No other person appeared in support of, or in opposition to this application. As a matter of record the Committee visited the property on Saturday July 52 1969 and interviewed Mr. Winter. Mr. Winter indicated the exact ground location. The Committee noted the following fapts:. (1) The lot was a clear "infilling" operation; (2) The topography was excellent and the drainage good; there appeared to be no problem concerning a septic tank. The Committee referred to the minutes of June 30, 1969 and were of the opinion that this application should be granted. Application granted on'motion by E.F.R. Osborne and seconded by K. SEhoenmaker. Carried. CtA5SIFICATION""J" r Page 5 Meeting of Committee of Adjustment July 7, 1969; Application File No. 205-69 As business arising from minutes application was brought forward for W. Kay Lycett B.A.,. Agent, Barrister & Solicitor, Orono, Ontario, Harold Ball, Owner, R.R. #2, Orono, Ontario, for part of Lots 31 & 32, Township of Clarke, Submission No."A"205-69 of the past meeting this' further consideration. W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, as agent for the applicant and Mr. and Mrs. David Welch, the proposed purchasers appearedin support of, or in opposition to this application. As a matter of record this property was visited by the Committee on Saturday, July 5, 1969. Mr. Stanley Ball, father of Harold Ball and Mrs. Dorothy Holmes accompanied the Committee on their tour of inspection. The Committee noted= (1) 'lhe lots to the east were near the creek; (2) An opinion by experts should be sought as to whether or not there was a real danger of pollution; The Committee advised Mr. Welch that he should give serious consideration to the problems discussed at their meeting on June -30, with regard to this lot. Mr. W.K. Lycett requested an adjournment to enable him to visit the site and to determine the exact location of the lot. This application was adjourned until the first meeting held in September at the request of Mr. W. K. Lycett. CLASSIFICATION "P" Application File No. 206-69 J. Van Nest, Agent, 52 King Street W., Bowmanville, Ontario, William E. Williams,Owner, 2237 Birchmount Rd., Apt. 403, Aoincourt,Ontario, for part of Lot 14, Con Vll, Township of Clarke, Submission No. "A"206-69 Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law 1592, with amend- ments thereto so as to permit a minor variance of a parcel of land for approximately 100' frontage for a residential lot in an agricultural zone, having a depth of approximately 150' and an area of approximately 15,000 square feet. The Secretary reported that 15 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. William E. Williams, the applicant, appeared in support of this application. Also appearing were abutting owners Mrs. T, Carleton.and„Mr. R. Reid. No other person appeared in support of, or in opposition to this application. Page 6 Meeting of Committee of Adjustment July 7, 1969; Mr. 'Williams was asked to make his submissions and stated as follows: (1) He bought the lot about four years ago; (2) At the time of purchase this was considered a registered building lot having a dimension of 100' frontage by a depth of 150' with an area of 15,000 square feet; J (3) He was of the opinion that having purchased this J lot before the passing of by-law 1592 and paying taxes on a building lot, he should be able to obtain a building permit; (4) He is unable to increase the size of the lot due to the fact that houses have been built on both sides of the lot; The Committee: (1) Noted that this application falls in the same category as former applications regarding building lots purchased before by-law 1592, with amendments thereto, became effective; (3) These lots have frontages of approximately 100' and an area of approximately 15,000 square feet and are located in an agricultural zone; (3) The present requirements are a frontage of 150 square feet and an area of one acre;. The Committee considered the facts presented and informed Mr. Williams that they felt it was not within their jurisdiction to grant a minor variance at this timet and therefore advised Mr, Williams to meet with the Planning Board and Council and adjourn his application until he has had the opportunity to do so. The Committee further stated that it is their understand- ing.that these lots are presently under consideration by the Planning Board and will be dealt with in the very near future. This application was adjourned for further consideration at a later elate. CLASSIFICATION Meeting adjourned at 12:00 o'clock n Secretary-Tre urer . . . . . . . . . . . .