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Inspection of properties, November 19, 1970;
made by them in this case could be a precedent f6r a large number
of future applications, and the proper way, of dealing with this
matter, would be to rezone the area in accordance with the special
facts existing here.
One other matter boL-hered the Committee. The increase in the
height of`the road bed is being improved along with construction
of the subway and the fill placed on the subject lot may create
a :)rob],em by'diverting drainage water on to the pro,_crty of the
Bell Telephone Automatic Station located to the souL-h of the
existing property. Side yard clearance might be needed on the south
side of the subject land so that- water might flow westerly to follow
a line of drainage to the west. To erect a`buildinq too close to
the southerly boundary could channel surface run off to create an
unsatisfac Ory situation.
The applicant Mr. A.W. 4lhitmee accompanied the Committee during
their inspection of his property and after due consideration of
all the facts, he requested permission to reserve this application
until he had consideredtaking up a petition and approaching Council
in this matter.
On motion by K. Schoenmaker and seconded by E.F.R. Osborne this
application will be held until advised by the applicant that he had
spoken to Council or the Planning Board. Carried.
CLASSIFICATION App 1, Sec. "F" Minor Variance
The Committee adjourned at 6:00 p.m. - 6 properties had been
inspected and 47 miles had been travelled.
Secretary-Troastyrer
MEETING
of the
COMMITTEE OF ADJUSTMENT
Monday, December 14, 1970 at 7:00 p.m.
Council Chamber
Present: E.R. Lovekin, Chairman,
K. Schoenmaker, Member,
E.F.R. Osborne, Member,
Mrs. Ellen M. Yeo, Secretary -Treasurer
The minutes of meeting November 16, 1970 and inspection of
properties on November 19, 1970 were approved on motion by K.Schoenmaker
and seconded by E.F..R. Osborne. Carried.
Application File No. 272_70
4=`
Mr. George Van Dyk, Agent,
2 Summerfield Court,
Bowmanville, Ontario.
Mr. Marten Van Dyk, Owner,
R.R. #2, Bowmanville, Ontario,
for part of Lot 312 Con 1,
Township of Clarke,
Submission No. "A"272_70_33
As business arising from minutes of the last meeting this
application was presented for further consideration.
Mr. George Van Dyk, as agent for the 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 visited this property
on Thursday, November 19, 1970 and noted the following facts:
L
Pad e 2
Meeting Committee of Adjustment, December 14, 1970;,
1. The property , in question, is.one of 4 adjacent
lots created before sub -division control. This
particular lo't is on a dead end road that forms
the western boundary of the Village of Newcastle
and runs south from Highway #2 to the north side
of Highway #401, a distance of about h mile;;
2. No service road runs along the north side of
Highway #401 at this point and, therefore, would
be a "cul de sac" except that physically one can
drive to the east through an existing subdivision
in the Village of Newcastle and thereby gain access
to the Cloverleaf for the Village of Newcastle
located at Mill Street on the easterly end of the
aforementioned subdivision;
3. No houses are presently being built on the east `
side of the road in question as no lots were taken
off there before subdivision control. Two houses
to the south of the existing lot have 4' side yards.
Two houses to the north of four vacant lots, one of
which is the subject property, have 4' side yards.
One original farm house stands north of these two
houses and all five houses have established a de
facto building line which isthe building line that
the applicant seeks to have approved for the subject
land;;
4. -The land drops away to the west and a house would
be better located slightly closer to the road than.
the normal set back;,
5. It is clear that a decision in this'one lot would be
a clear precedent for the three existing vacant lots
beside it, the four lots being a general "infilling"
situation;,
6. It is highly unlikely thatthe existing road would ever
be extensively widened as Highway *401 is a complete
barrier to the south and a creek flowing north and
south to 80 rods west of the road would have to be
bridged for any westerly projection at the bottom of
thit road. Traffic would, therefore, be only local
and if the traffic flow became too great through the
abutting subdivision'there is a one foot reserve that
could be closed, making the road a dead end. Future
traffic would be local, the majority of the traffic
being cars going out the westerly end of the Village
subdivision instead of the easterly end. Cars from
the subdivision would normally use the eastern entrance
to the subdivision which-gives`access to Mill Street,
Newcastle. Mill Street is the main north -south artery
to Highway #401 which connects via a cloverleaf. The
reduction of set back in this case then is based on
the very special facts of this case. The west side
of this road will probably at some future date be
incorporated in the Village of Newcastle as the creek
to the west really forms the natural boundary for the
western limit of the Village.
The Committee:.
1. Referred to the minutes of meeting November 16, 1„970;
2. Recalled the facts of the case as seen by them
when they inspected the property;
3. Informed Mr. Van Dyk that the decision of the Committee
of Adjustment, when not appealed does not become
final and binding until 14 days have elapsed after the
date shown on the typed copy of the decision, as required
by subsections (10) and (11) of Section 32b of the
Planning Act;,
Page 3
Meeting Committee of Adjustment, December 14, 1970;
Moved by E.F.R. Osborne and seconded by K. Schoenmaker that
this application for a reduction of set back from 93' to 63'
be granted 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. 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 signed by the
concurring members, 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" Appendix 1 Sec. "G"
Application File No. 273-70 Messrs. Greer & Zubkavich, Agents,
Barristers & Solicitors,
86 King Street E.,
=. Mike ZachanowichP.O. Box 204, Oshawa, Ontario,
9R.R. #3, Port Hope, Ontario, Owner,
for part of Lot 3, Con. 2,
Township of Clarke,
Submission No. "B"273-70-219
As business arising from minutes of the last meeting, this
application was presented for further consideration.
Stephen M. Zubkavich B.A., LL.B., Barrister,& Solicitor,
agent for the 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 visited this property
on Thursday, November 19, 1970.
Mr. Zachanowich accompanied
of the property and verified the
meeting on November 16, 1970.
the Committee on their inspection
facts to be as stated at the
The Committee noted that a small bungalow was situated on
the property and the subject land fronted on a well travelled
Township road.
The Secretary -Treasurer, presented the following material
to the meeting:
1. A certified Plan of Survey prepared by M.D.Brown`
OLS 1106, Bowmanville, Ontario, dated November 18,
1970 and numbered 70140 showing the subject land
outlined in black and the location"of the 1 storey
frame dwelling thereon;
2. Correspondence from Stephen If. 'Zubkavich, B.A. LL.B.,
Barrister & Solicitor, Oshawa, Ontario, dated
November 23, 1970. The Committee noted the contents
there;, . . 6 . 0 0
Page 4
Meeting Committee of Adjustment, December 14, 1970;
The Committee:
1. Perused the Plan of Survey submitted;:.
2. Referred to the minutes of meeting November
16, 1970;:
3. Recalled their inspection of the property
on Novamber 19, 1970;
and -were -of the opinion that this was a bona fide case of an arms,
length sale by way ofAgreementfor Sale instead of a transaction
by Deed and a Mortgage back and this application to regularize
the transaction is in order. ' - `
The Committee advised the agent, Stephen M. Zubkavich B.A. LL.B.,
that the decision.of the Committee of Adjustment, when -not appealed,
does not become final and binding until 14 days have elapsed after
the date shown on the typed copy of the decision, as required by
subsections (10) and (11) of Section 32b of� the Planning Act.
Application granted on motion by E.F.R. Osborne and seconded by
K. Schoenmaker. Carried.
CLASSIFICATION "F"
Application=File No. 275-70 Mrs. Roma A. Turner, •Owner,
R.R. #2, Newcastle, Ontario,
for part of Lot 29, Con. 111,
Township of Clarke,
Submission No.
As business arising-from,m-inutes of the last meeting, this
application was presented for further consideration.
No person appeared in support of, or in opposition to this
application.
As: -a matter of record the Committee visited this -property
on Thursdays November 19,-1970. The Committee recalled the facts
presented at their meeting on November 16, 1970 and were of the
opinion that the proposed severance would give effect to established
zoning by severing ownership of the farm from the commercial site.
The Committee noted:
1. That a severance would create an undersized lot;
e
2. The application for severance was not accompanied by
an application for a minor variance;_,
3. An application for a proper sized lot, accompanied
by a proper Plan of Survey, would probably be
satisfactory to the Committee;
The Secretary -Treasurer presented the following material
to the -meeting:
1. A photostat copy of a - Plan of Survey, certified -by
F.J. Donevan & Associates, Land Surveying;&
Engineering, Oshawa Ontario, dated September 4,1959,
Job 48158 as requested by the Committee at their
meeting on November 16,_ 1970.
The Secretary was instructed to contact the applicant, to see
what she wished to do andi this application was adjourned pending
advice from the Applicant.
CLASSIFICATION "Q" - Sec. 7 H.C.
Page 5
Meeting Committee of Adjustment, December 14, 1970:
Application File No. 277-70 Jerome Marvin, Owner,
,J -Mar Farms,
Orono, Ontario,
Strike,Strike & Kelly, Agent,
Barristers & Solicitors,
Box 71Bowmanville, Ontario,
for part of Lot 32, Con Vll,
Township of Clarke,
Submission No.
Application was made for exemption or partial'exemption from
provisions of Subdivision Control By -Law No. 1592 and amendments
thereto so as to permit the separation of a parcel of land approx-
imately 148'x271&x180' being approximately 1.23 acres in area from
the applicant's land.
The Secretary reported that 33 notices of the said hearing had
been mailed in accordance with Item 4 of The Rules of Procedure.
Mr. Jerome Marvin, Orono, Ontario, appeared in support 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. A Sketch of Survey prepared by M.D. Brown OLS.,
Bowmanville, Ontario, undated and numbered 70137•,
Mr. Jerome Marvin was sworn and made the following submissions.-
1.
ubmissions:
1. He purchased the former Arthur Robbins' farm land
from which a number of lots, with frontage on the
Leskard Road were sold before he took possession;
2. The subject land has no value as part of the farming
operation but is definitely a desirable building
lot since it fronts a well travelled road; is located
in the designated Rural Residential Zone; and meets
the minimum lot requirement of l.acre in area;;
3. He purchased the said farm approximately 9 years
ago and has carried on a bona fide farming operation
operating a feed lot and raising show horses;
The Committee noted that the frontage of the subject land
was approximately 2' less than the required 150' in an R.R. Zone,
and in referring to the by-law 1592 as amended,Section 2.17 was
discussed'. The Secretary was instructed to include this information
in the minutes. 112.17 Lot Frontage: means the horizontal distance
between the side lot lines measured along the front lot line. Where
the front lot line is not a straight line, or where the side lot
lines are not parallel, the lot frontage shall be measured along a
line twenty-five feet back from and parallel to the street line."
It would appear, from a rough sketch on the Sketch of Survey supplied,
that in applying this rule, the frontage would be sufficient for
the by-law and if there is any difference it is definitely marginal.
The Committee also noted that the Sketch of Survey supplied
with the application had been annotated by the Surveyor " Note: '
this plan is not prepared for registration purposes" signed
"M.D. Brown". Before a final decision can be given a proper Plan
of Survey will have to be supplied. This matter was adjourned
to enable the Committee to inspect the property.
CLASSIRICATION Sec 5. Zoned "R.R" Sec 2.17
Page 6
Meeting Committee of Adjustment, December 14, 1970;.;
Application File No. 278-70 Yvonne Elizabeth Oethilda Bosch,
70 Hills Road, Owner,
Ajax, Ontario,
for part of Lots 5 & 6, Con 1,
Township of Clarke,
Submission No.
Application was made for approval of a renovated farmhouse
as a two family structure, said farmhouse located on 71.836 acres
of farmland.
The Secretary reported that 12 notices of the said hearing
had been mailed in accordance with Item 4 of The Rules of Procedure.
Dr. J.W. Bosch, Physician, agent for his wife Mrs. Y.E.O.
Bosch appeared in support of this application. No other person
appeared in support of or in opposition to this application.
The Chairman, E.R. Lovekin, stated that he had acted as
Executor in the Estate of Tupper Johnston, deceased, and this
application concerns property purchased by Dr. Bosch from the
Estate. He, therefore, felt that he should withdraw from any active
participation in this application. With the members' consent he
withdrew and Mr. K. Schoenmaker as Senior Member assumed the chair.
The Secretary -Treasurer presented the following material to
the meeting:
1. A photostat copy of a Plan of Survey, prepared
by M.D. Brown, OLS, Bowmanville, Ontario, dated
May 14, 1969 and numbered 69058;
2. A photostat copy of a sketch showing the Tupper
Johnston Estate lands with lots 1 to 5 outlined in
black;
The Committee noted that the subject land was shown as Lot
"1" on the referenced sketch.
Dr. J.W. Bosch was then sworn anal he submitted the following:
1. He owns 71.836 acres of farmland, purchased in auction
in the fall of 1969; he also owns approximately 23
acres across from the subject land; this is also being
farmed;
2. The farmhouse on the subject land was in very poor
condition and he proceeded to restore and renovate
same;;
3. The rebuilt farmhouse is big enough for two families
and he wishes to rent it until such time as he is
in a position to retire;
4. In the meantime bona fide farming operations are being
carried on for him by one Marines Vogels, a neighbour;
5. Mr. Best, the building inspector had inspected the
property in the Spring and permitted him to go ahead
with renovating and alterations;
6. He realizes that by-law 1592 as amended does not
permit a two family dwelling and requests The Committee
to consider his application for relief from the
provisions of the said by-law;
7. Dr. Bosch presented a sketch of the house as it had
been renovated;
The Committee considered the facts presented and this application
was adjourned to enable the Committee to inspect this property.
CLASSIFICATION SEC. 10.1 (a)
Page 7
Meeting Committee of Adjustment, December 14, 1970;
General Business - The Secretary presented to the Committee
the following material:
1. Form letter from Department of
Municipal Affairs, dated November
25, 1970 and received on November
27, 1970;
2. Department of Municipal Affairs,
Ontario Planning Newsletter, dated
December 1970;
At the conclusion of the meeting Mr. Murray Payne was granted
a lengthy interview with regard to his proposal to submit minor
variance applications to sever parcels of land'to add the severed
parcels to abutting lots. Following this discussion Mr. Payne
was of the opinion that he would submit miner variance applications
at the next meeting to be held on January 11, 1970.
The Committee held a closed session and reviewed their activities
for the past year. The following matters were discussed:
Number of meetings to date 17
Number of Applications received to date -
For Minor Variance 23
For Consent 27
Total -pplications 50
The CoNmittee have, during 1970, followed their policy of inspecting
each property before giving their final decision:
Number of miles travelled during inspection
of properties to the end of November . 451
The Committee noted that during this past year more people have
attended the meetings with a view to being interviewed at the
conclusion of the meeting for information and discussion with regard
to their proposed applications. While the Committee are always
willing to accommodate the public, this practice has increased the
time expended at their meetings and has increased the work load of
the Committee Members without increasing revenues to the Township.
The Committee also noted that decisions on minor variances are more
complicated than simple severance decisions. This situation will
probably be clarified when an official plan is presented as this
will provide a guide line for the Committee in many cases.
Following this discussion - it was moved by E.F.R..Osborne and
seconded by K. Schoenmaker, that due to extra
meetings; time involved in visiting properties
and drafting decisions; time involved in drafting
altered administrative procedures, including draft-
ing a more detailed Hearing Notice and.Information
Forms regarding procedure re Minor Variances;,
consultations etc., searches in the Registry Office,
the members receive an additional fee of $50.00 each Carried.
The Secretary was requested to requisition Council for a cheque
in the amount of $150.00 for this purpose.
Meeting adjourned at 11:30
Secretary -Treasurer
. ,t