HomeMy WebLinkAbout06/22/1970Page 10
Meeting Committee of :_djustmcnt June 20, 1970;
qf�(W The house faces a well travelled Township road and the
easterly limit of the lot faces an unopened road allowance.
He proposes to s_ver`the house and a lot which, in
effect is a non -conforming use (i.e. a house
and lot in an industrial zone) and keep the rest
of the ,land to form part of the commercial
comolex.
The Committee considered the facts presented and this application
w: -:s adjourned to enable the Committee to inspect the property.
:L:.S 1i'IC;':TIcTd Sec 8 - Industrial Zone (Pil)
Due to the fact that several applications remained to be
considered and the agents had not attended the meeting, on motion
by K. Schoenm.aker and seconded by.1:.F.R. Osborne this meeting
was adjourned at 1:30 p.m. until"Monday June 22, 1970 at 11:30 a.m.
Carried. -
The Secretary was instructed to inform the persons c ce
Meeting adjourned at 1:30 p.m.
Secret -.ry-TI re a suile.r
MEETING
of
the
c - COMI-IITTEE OF
:iDJUSTI�E:NT -
Monday, June
22, 1970 at 11:30 a.m.
Council Chamber
Present: cE.R. Lovekin,
Chairman,
K. , Schoenmaker,
Member,
E.F.R. Osborne,
Member,
Ers. Ellen •1. Yeo,
Secretary -Treasurer
The minutes of meeting June
20, 1970 were approved on
motion by K. Schoenm:zker and seconded
by Q.F.R. Osborne. Carried.
Application File No. 224-69
Kay Lycett B.:.., ..gent,
No..225-69
Barrister & Solicitor, ,
Orono, Ontario,
�Iilliam John Lorenzo Bowins,
Jennie Lily Bowins, Owners,
Orono, Ontario,
for part of Lot 3 &
whole of Lots 1 & 2 Block 1,
Police Village of Orono,.
Lot 29, Concession 5,
Townshir of Clarke,
Submission No. "B" 224-69-207
Submission No. "N" 225-69-24
.s bustaess arising from minutes of past meetings these
applicat=on's-were brought forward for further considerz.tion.
W. Kay Lycett-B.,',., Barrister & Solicitor, agent for the
applicant appeared in sup ort of this applic tion. No other
person appeared in support of, or in opposition to this application.
The Committee were of the o:inion that applic_ttions 224-69
for aseverance and 225-69 for a minor variance on same had been
fully con6idered as evidenced in the minutes of the following
meetings: November 24, December 20, 1969, inspection of property;
January 14-, February 9, :arch 9, _April 6, bray 11 and June 20, 1970.
The Committee informed 1 -Ir. Lycett that they are not Prepared
to, grant the applic.tions as submitted but having considered
the alternative as outlined in his letter of June 16, 1970 and
i
Page 2
I>Ieeting Committee of _djdstment June 22', 1:970;
and as verified by Mr: Bowin at the meeting on June 20, 1970
they will allow i -Ir. Bowins to ammend his application for a
severance of the North East corner lot,as shown on the survey,
filed,on the basis that he would retain the "L" shaped parcel
which fronts both on Princess and Main Streets in the Vill;-ge
of Orono.
While- the Committee were somewhat apprehensive about
gradients on the lot, this could be overcome satisfactorily and
would be an apparent problem to any purchaser. The question
of any possible adjacent road widenings having been disposed of
with no objections from relevant I.iunicipal '.uthorities,the Committee
were of the opinion that the amended application would be acceptable.
Application granted on motion`by K. Schoenmaker, seconded by
E.F.R. Osborne, subject to the following doftditions:
(1) That Mr. Bowins amend the application for one severance
for that land shown as Lot 1 on a Plan of Survey
prepPared by ii.D. 3rown-OLS, Bowmanville Ontario,
dated November 2c, 1966, X66139;
(2) That a co -.3y of this decision shall be registered
on title; Carried.
CLASSIFIC.�.TION Sec. 4 (RI)
Application File No. 250-70 K. Lycett B.:.., ::gent,
Barrister & Solicitor,
Orono, Ontaric,
Carl Kimmett and
Mary,Lynn Kiwe:tt,
Orpno, OntLrio,,
for part of.Lot,31, Con V,
'Township of Clarke,
Submission ido.
As business arising -from minutes of the past meetipgs, this
applic tion was presented for'furthar consideration.
W. FCay Lycett B.:.., Barrister & Solicitor,, agent for the
applicant appeared in supi.ort of this ap lic:':tion. No other
person appeared in support of,or in oppositionfo this application.
Ir. Lycett, as agen' for the applicant stated that since
the time this a-_.lication had been submitted the applicants
had reconsidered and now re_uested that this application be with-
drawn.,
ith-
drawn.,
e �
Moved by E.F.R. Osborne, seconded by K. Schoenmaker that withdrawal
oE�. this- applic..ta on be granted. Carried.
r
CLASSI'FIC: TION 10 "A" - "O"
ipplic tion File No. 252-70 Michael Bevan, Owner,
524 Phillip Murray %ve.,
Oshawa,, Ontario,
for part of Lot 30,_ Con 1V,
Township of Clarke,
Submission No. 252-70-21
As business arising from minutes of the past meeting, this
applic-tion was brought forward for further consideration.
Page 3
Meeting Committee of :.djustment June 22, 1970;,
The whole Committee visited the site on Monday
June 22, 1970 and note6 the following facts;
1. The house immediately to the .south is built
so that the southerly portion thereof is
closer to the road than the northerly portion -
of the said house which is recessed two or
three feet;
2. As near as the Committee could determine from
the position of the stakes in the ground
indicating the proposed house location, the
applicant proposed to align his house with
that ,ortion of the neighboring house which is
closest to the road -allowance;
3. The Committee walked around the staked area
to see what -the applicant's view would bet
While any neighboring building limits the vies.,
it could not be seen by the Committee that the
setback requirement worked any hardship;
4. When the site was visited, a basement was in
- for a house on a 10 acre parcel, about 1/5
of a mile to the north. This house had the
proper setback;
The Committee were of the opinion that to allow this case
would create an unfortunate precedent and as several other
houses will be built on adjoining lots this decision and
the following similar cases could create several exceptions
to the established setback.
The Committee have in mind that the applicant's neighbor
had built earlier and had observed a 10' sideyard requirement
only, and this is the sole grounds under which a minor
variance could be considered.
ro
On all the factsrand having carefully viewed the scene, the
Committee could not see that the applicant had established
a case strong enough to grant him a minor variance.
On motion by K. Schoenmaker and seconded by E.F.R. Osborne
this application was refused. Carried.
CLASSIFICATION 10
,pplication File No. 254-70
;-+. Kay Lycetb B.A., agent,
Barrister & Solicitor,
Orono, Ontario,
Hannah Langford, Owner,
R.R. -:jr2, Orono, Ontario,
Submission No. "A" 254-70-22
As business arising from minutes of the past meeting this
application was brought forward for further consideration.
:+. I:ay Lycett 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.
The Committee considered the following facts:
(1) The purpose of this application is to.clarify
the propriety of the issuance of a building
permit on this lot;
(2) In this case a severance was granted on October
27, 1969 (ref. "B"184-69-183) and before the time
for apl;eal had lapsed a subsequent by-law increased
the size of a'lot necessary for a dwelling house
in.this area; LL
Page a
neetJ_ng Committee of `.dj.ustment June 22, 1970;
The Committee felt that since the application for severance
had been grantad ,-rior to the changing of the zoning Icy -law
then a minor variance to permit the issuance of a building
permit for a dwelling house on the property so severed should
follow.
In reaching this decision, the Committee bore in mind the
wording of Section 3.15 of amending by-law 1653 which is
headed "Lots Having Less Area ",nd/Or Frontage". This
cle�-_rly.indicates that if the lot falls within that saving
section "a building or structure may be erected, altered
or used on such smaller lot, provided that all other require-
ments of this by-leaw are complied with." Such a proviso
indicatesthe general attitude of the Council of the Municipality
of the Townshi7 of Clarke in such matters.
Moved by Ks Schoenmaker, seconded by E.F.R. Osborne that
a minor variance to erect a dwelling house on this undersized
lot be granted subject to the following conditions:
(1) That the applicant shall register on title by
way of deposit a cosy of this decision and
shall forthwith thereafter forward to the Secretary
of the Committee a duplicate Certificate of Deosit
or a Notarial copy thereof; 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.
CLASS'P-C-T!"', Sec. 10 "4" - "::.V."
Applic;,tion File No. 255-70 E.H. Samuel Owners,
J. Klasner,
c/o Curvply Wood
Products Ltd.,'
Orono, Ontario,
for part of Lot 27, Con V,
Township of Clarke,
Submission No.
As business arising from minutes of the past meeting, this
applicc_tion was brought forward for further consideration.
As a matter of record the Committee visited the property
on MPnday, June 22, 1,970 and noted the following facts:
'(1) The house concerned is located at the extreme
northwest `corner or the property purchased by
`the applicant ,and the property is fenced on all
tree sides by a fence that obviously had been there
for sometime, a cedar hedge at the rear being well
grown and thick;
(2) To the east and north, 5 houses exist on lots of
small frontage;
(3) No other buildings existed on -the property purchased;
(4) The manufacturing plant owned by the applicant was
clearly visible to the south and west. -
It was quite clear that the a;jplicant would be the person who
would be interested in the land and it was also obvious be
applicant -would not be particularly interested in the house.
The Secretary was instructed to request the applicant to attend
the next meeting to be held -on July 8, 1970, at which time
this application will be discussed further.
CLASSIFICATION Sec 8 (Ml) . . . . . .
i`
L
Fane 5
t7eeti_ng Committees of :.djust;,ient June 22, 1970;
q�plicLtion File No. 256-70
:drs. 1.arjorie C. ',7atsc:, Cwner,
Orono, Ontario,
Strike- u Strike,
Barristers F, Solicitors,
Bowatanville, Ontario,
for part of Lot 26, Con 5,
Villages of Orono,
Township of Clarke,
Submission No. "::" 256-70-23
Aplic_ti,:;n was made for exerr,tion or 'partial exe .:,tion from
provisluns of sub -division control by-law 1592, with amendments
thereto, so as to .,emit a minor var_ance of the required
fro_rt.:ge for a remaining lot from 75' to 661, said lot created
by a decision of the Committee of Adjustment dated May 11,1970
(ref Submissions 11311235-70-204 and "A"236-70-16).
The Secretary reported that 28 notices o= the said h_ar-.ng
had been mailed in accordance with Item 4 of The Rules of
Procedure.
,9.B. Kelly, D. Comm, LL.B., Barrister & Solicitor of
Strike 81. Strike, 30ar.anville, Ont,rio, as agent fcr the a1:plic�.nt
,ppeared in support of this ap.-lic..tion. :7o o'Cher erson appeared
in sup_,ort of, or in op_;csit' n to this a_plication..
The Secretary -Treasurer presented the following m:.terial
to the meeting:
(1) Correspendence from Dejpartment of Eunicical
Affairs, 801 Bay Street, Toronto 5, Ontario,
dated June 2, 1970 as follows: "Re r'Ipplic�tion
for Minor Variance Marjorie C. ':,"atson, part of
unsubdivided lot 28, concession 5, Township of
Clarke - This is to ccnfirm our telc,,hcne con-
versation of .day 22 concerning the 66 foot frontage
lot cre_ted by tie s verance of the above lot.
Since thc_ frontage of this lot is below the mini-
mum frontages rec;uirement of by-law 1592, it does not
com.ly with the by-law. The Committee of Adjustment
should h=.ve recognized the need for two variances,
the one applied for and the one resulting from
the 'gr-,nting of the application. -vie would suggest,
therefore, th-at the committee- take-_ steis now to
clear ut., this problem. Yours very truly,•
(sgd.) "C Louis", Ser.icr Manner,
Official lens Section, Community llanning Branch"
The Committee noted the, contents of the corres.ondence
presented and also referred to the minutes of March 9, 1970
at which time they had pointed out to the agent for the
applicant -
"that the remaining lot of 66' frontage
would require an ap_;lic_:tion form as it should
be a-cproved as it exists and not created by
remainder."
In referring to minutes dated Adril 6, 1970, the Committee noted
that reference was made to the S_cretaryvs letter dated :ia^ch
10, 1970 addressed to A.:..:3. Strike Bsg., pointing out that
the: re:eai._ing 66' would require an applic ation form. +t this
meeting Mr. Felly had rclupstcd that the Committee consider
oiily the severance for the lot of 721 x 247& and a minor
variance on same."
The Committee were of the ol.inion that since the lot which is
now below miriirzum frontage was created by a legal severance,
Locally an argument co..ld be made thLt the Committee could
not re.;uire a second appli_cati�n. It is, however, clear
lage 6
aet'_.g Committee of "'.djuftr;,ent June 22, 1970;
from the recu._st of tilt Community Plann4ng Brunch th-:t from
an administrative vi_wiaoint such a method of dealing with
Lha i-roble:n is desireable, particularly, in vie, o4" the fact
that our own Committee hive decided to reouire minor variances
to be registered as De :o sits or. title in tite local Registry Cffice
and cons-'quently every variance shcnil:i be made a matter of record
in that office.
In accordance with, and following the reasons stated this
a; ,;licz tion is granted on motion by K. Schoenma?ter and
seconded by E.F.R. Osborne, subject to the following
conditions:
(1) That the applicant shall register on title by
way Of deposit a co_:y of this decision and shall
forthwith thereafter forward to the Secretary of
the Committee a duplicate Certi_ic_te of Dei�osit or
a Notarial co. -y thereof; and further, that u1;on
rec_ipt by th2 Secretar,, of the aforesaid document,
the ap-sro,riate admi:istrativc officials of the -Township
of Clarke will be authorized to issue any and all necessary
r'ermits or to take any stei:s necessary to im,ileraent-
this decision. Carried.
at 3:00
'c; 117.L n
r -Tre-,3U er
MEETING
of the
rm,_ .
COMMITTEE OF ADJUSTMENT
Wednesday, July 8, 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 June 22, 1970 were approved on motion by
K. Schoenmaker and seconded by E.F.R. Osborne. Carried.
Application File No. 255-70 E.H. Samuel,J. Klasner, Owners,
C/o Curvply Wood Products Ltd.,
Orono, Ontario,
for part of Lot 27, Con V.
Township of Clarke,
Submission No.
As business arising from minutes of past meetings, this
application was brought forward for further consideration.
Mr. E.H. Samuel, one of the applicants, appeared in support
of this application. No other person appeared in support of or
in opposition to this application.
Mr. Samuel was reminded that he had taken an oath on the
previous occasion when required to give evidence.
The Committee discussed the matter in view of their
inspection of the property and noted that the area of the lot to
k�e reated was 21,000 square feet. The area required in an
'R. Zone" is one acre.; The main reason for considering a