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HomeMy WebLinkAbout12/14/1970Page _3 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