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HomeMy WebLinkAbout05/11/1970MEETING of the COMMITTEE OF ADJUSTMENT Monday, May 11,.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 meetings April 6 and May 6, 1970 were approved on motion by K. Schoenmaker and seconded by E.F.R. Osborne. Carried. Application File No. 135-68 Mr. Robert Ross Boyd, Owner, R.R. #2, Newcastle, Ontario, for part of Lot 23, Con. 1, Township of Clarke, Submission No. As business arising from minutes of the past meetings, this application was presented for further consideration. No person appeared in support of this application. The Chairman E. Richard Lovekin repo& --d that the title to this property had been searched. The Secretary was instructed to advise the applicant the date of the next meeting and request his attendance.,in order to process this application. CLASSIFICATION "H" & "O" Application File No. 174-69 Nancy G..Hood, R.R. #2, Orono, Ontario, for part of Lot 30, Township of Clarke, Submission No. Owner, Con. V1, As business arising from minutes of the past meetings, this application was presented for further consideration. No person appeared in support of this application. The Chairman E. Richard Lovekin reported that the title to this property had been searched and had anyone appeared, the Committee were prepared to deal with the matter by way of final judgment at this time. The Secretary was instructed to advise the applicant the date of the next meeting and if nesse appears at that time the application will be struck out and no decision made. While it is not the function of the Committee of Adjustment to comment on the legal validity of instruments purporting to convey title; for the benefit of the applicant the Committee wish to point out that in all probability the purported severance by Reese was illegal under the Planning Act and the correcting deed should take this into account if valid title to the lands in separate lots is to be obtained. CLASSIFIC,=QN "J" Application File No. 224-69 File No. 225-69 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, William John Lorenzo Bowins, Jennie Lily Bowins, Owners, Orono, Ontario, for part of Lots 1 & 2 Block 1, Police Village of Orono, Lot 29, Concession 5, Township of Clarke Submission No. "B" 224-69 "A" 225-69 Page 2 Meeting of Committee of ;adjustment May 11, 1970; W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, as agent for the applicant 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) Copy of Correspondence addressed to E.R. Lovekin, B.A., LL.B., Chairman, Committee of Adjustment,May 4,1970, "Dear Sir:. Your letter of April 10, and the copy of a letter from the Planning Consultant were given careful consideration at our meeting on April 29. After some discussion a decision was reached that our Authority concurs in full with the opinion of the Planning Consultant. We hope this will be of assistance to you. Yours truly, Ganaraska Region Conservation Authority, (sgd) "Barbara Smith" Secretary -Treasurer (2) Copy of Correspondence from Northumberland- Durham Health Unit addressed to Mr. W. Kay Lycett, B.A., dated May 89 1970. "Dear Sir: Following receipt of your letter dated April 7, 1970 inspections were made of the property and Mr. Bowins was interviewed on April 28, 1970. The lot in question, being 65.0 feet by 157.80 feet, would be suitable for the installation of a private sewage disposal system subject to the following - 1) the weeping bed area will have to be kept a minimum of fifty (501) feet from the water course as shown running through the north-west corner of the property. Although the water course may be one of a seasonal nature it is at that time that the weeping bed area is also at its highest period -of saturation. The installation of a private sewage system requires a permit obtainable from the Clarke Township I•iunicipal Office in Orono and the system must be inspected by a member of my staff prior to back- filling. Yours truly, (sgd) "Charlotte M. Horner" B.A., M.D., D.P.H. Medical Officer of Health. The correspondence was discussed with Mr. Lycett and in view of the self-explanatory opinions therein the Committee indicated to Mr. Lycett that they thought it impossible to create 2 new lots in this area and abide by the spirit of the opinions expressed in the referenced correspondence. It was indicated to the agent for the applicant that one severance could be created in the existing property leaving the applicant his own home .on a.lot of adequate dimensions. The matter was set over until the next meeting for the agent to consider whether or not he wished to emend his application to comply with the requirements outlined to him during the referenced discussion. CLASSIFICATION "A" & "P" Page 3 Meeting of Committee of Adjustment May 11„ 1970; Application File No. "B" 235-70 Application No. "A" 236-70 Mrs. Marjorie C. Watson,Owner, Orono,.Ontario, Strike & Strike, Barristers & Solicitors, Bowmanville, Ontario, for part of Lot 28, Con 5, Village of Orono, Township of Clarke, Submission No. "B" 235-70-204 Submission No. "A" 236-70-16 As a matter of business. arising from minutes of past meetings, these applications were brought forward for further. consideration. Mrs. Marjorie C. Watson the applicant and M.B. Kelly, B. Comm, LL.B., Barrister & Solicitor, of Strike & Strike, Bowmanville, Ontario, as agent appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr. Kelly, on behalf of the applicant, presented the following material to the meeting: (1) A Plan of Survey prepared and certified by M.D. Brown, OLS, Bowmanville, Ontario, dated May 11, 1970 numbered 64117A. The Committee: (1) Referred to the minutes of meetings March 9, and April 6, 1970; (2) Recalled their inspection of the site on March 26, 1970; (3) Perused the Plan of Survey presented; (4) Noted that the proposed severance was in an "R1" zone (5) The Committee were satisfied that the survey had been completed in accordance with their request, and on the basis that this was creating a lot in an "infilling" operation in an area of similar -lot sizes to the one being created, on motion by K. Schoenmaker and seconded by E.F.R. Osborne this application was granted. CLASSIFICATICN "J" Referring to the application for a minor variance on this property Mr. Kelly, on behalf of the applicant pointed out that the actual survey revealed the variance to be 70.67' rather than 72' applied for. His request that this be amended was granted.. The Committee noted that the lot size at the rear, shown on the Plan of Survey,was 75.151. Application to reduce the lot from the required 75' frontage.to that of 70.671 granted on motion by K. Schoenmaker and seconded by E.F.R. Osborne on the condition that a copy of the decision be `registered on title to the property. Carried. The Committee hereby authorize the appropriate administrative officials of Clarke Township to issue any and all necessary permits or to take any steps necessary to implement this -decision. CLASSIFICATION "M.V." Page 4 Meeting of Committee of 14justment May 11, 1970; Application File No. 243-70 0 Howard M. Allin, Owner, R.R. #2, Newcastle, Ontario, for part of Lot 28, Con 11, Township of Clarke, Submission No. "B" 243-70-205 As business arising from minutes of past meetings, this application was presented for further consideration. Mr. Howard M. Allin, the applicant, accompanied by his son and daughter-in-law Mr. & Mrs. Glem Allin 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 this property on April 18, 1970 and noted the following facts: (1) All the relevant facts were established to the satisfaction of the Committee; (2) If Mr. Allin had applied to sever a lot to build a retirement house on, this would have been granted. In effect he is now applying to sever the other existing house from the farm;, (3) The Committee also noted that both these houses were legally built before the present restrictive legislation was introduced and the granting of this severance would not change the status quo in the Township in regard to dwelling units etc. A+Ir. Glenn Allin presented the following material to the meeting: (1) A Plan of Survey prepared and certified by M.D. Brown OLS 11062 Bowmanville, Ontario, dated May 4, 1970 #70036; The Committee: (1) Referred to the minutes of meeting April 6, 1970; (2) Perused the,Planof Survey; and after due consideration were satisfied that the applicant had complied with the conditions imposed. Application granted on motion by E.F.R. Osborne and seconded by K. Schoenmaker. Carried. CLASSIFICATION 10. "A" "Q" Application File No. 245-70 Durwin Realty Limited, Owner, 11 Mill St., Port Hope, Ontario, Roy A. Foster, Agent, Kendal, Ontario, for part of Lot 3, Cori. vll, Township of Clarke, Submission No. "B"245-70-206 Application was made for exemption or partial exemption from Provisions of sub -division control by-law 1592, and amendments thereto, so as to permit the separation of 1001x200' being approximately 20,000 square feet in area from the applicants' land. The Secretary reported that 17 notices of the said hearing had 'been mailed'in accordance with Item 4 of The Rules of Procedure. Page 5 Meeting of Committee of Adjustment May 11, 1970; Mr. Roy A: Foster, proposed purchaser, and as 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 having been advised of a pending application and being in the area they decided to visit the property on April 18, 1970 accompanied by Mr: Roy Foster, the proposed`purchaser and agent for the owner: Mr. Foster stated.that this purchase will square off his property and provide adequate buffer zones �- around his established buildings. The Committee noted the following facts: (1) The parcel to be conveyed has no road frontage at all as it is the north west quadrant of a property located in -th'e south east .corner of the Township lot; (2) The lands fronting on the road to the 'south and east are owned by Mr. Foster; (3) This -is an adjustment of a boundary line between abutting owners; (4) There will, be no dwelling or other building erected; (5) The land appeared suitable for the growing of fruit trees, which Mr., Foster intends to do, if this severance is granted; The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from Bonneville, Fitzgibbon & Good, Barristers & Solicitors, Port Hope, Ontario, authorizing Mr. Foster to act as Agent for Durwin Realty Limited; (2) A Plan of Survey, prepared and certified by M.D. Brown OLS., 1106, Bowmanville, Ontario, dated April 13, 1970 and numbered 70029 showing the subject lands outlined in "black", with typed" legal description attached thereto; Mr. Foster was.then sworn and proceeded to give evidence as follows: (1) Mr. Wallace '.iaclaw Rzeczycki, the abutting farmer with whom he arranged to purchase the lot, is not the registered owner. The property is held by Nr. Rzeczycki under an Agreement of Sale from - Durwin Realty Limited and, therefore, the application should have been made by Durwin Realty Limited as the owners in feesimple. Mr. Foster requested that he be permitted to amend the application to the correct name and on motion by K. Schoenmaker and seconded by E.F.R. Osborne this request was granted and the application form was annotated accordingly; (2) Mr. Foster further stated that he wished to establish a fruit orchard on the subject land and wished to purchase the property to square off his holding; I Page 6 Meeting of Committee of Adjustment May 11, 1970; The Committee: (1) Perused the Plan of Survey presented; (2) Recalled their inspection of the property; (3) Questioned the agent Mr. Foster in regard to the facts alleged by him during the Committee's earlier visit so the information was given under oath at this hearing. The Committee were of the opinion that this type of application is properly classified as an addition to an existing agriculturial holding. Application granted on motion by E.F.R. Osborne and seconded by K. Schoenmaker. Carried. CLASSIFICATION SEC. 10 $'A" Application File No. 246-70 Airs. Iris Eetcal£, Owner, R.R. North, Orono, Ontario, for part of Lot 23, Con V, Township of Clarke, Submission No. Application was m. -,de for exemption or partial exemption from Provisions of sub—division control by—law 1592, and amendments thereto, so as to permit a minor variance of the required side yard clearance from 25' to 7' to allow the demolition of an existing garage and replace with a new attached garage with breezeway. The Secretary reported that 13 notices of the said hearing had been mailed in accordance with It1.em 4 of The Rules of Procedure. Mr. Ronald Fowler appeared in support'of this application. No other person appeared in support of, or in opposition to this application. Mr. FOWle'r was duly sworn and stated that he was acting as agent for Airs. Eetcalf who is presently in the Hospital. The facts are as follows: (1) Mrs. Metcalf has owned this property since 1958; (2) On October 12, 1958 a Building Permitwas issued for the erection of a garage. The garage was occupied as temporary living quarters until 1960 when a building permit was issued to build a house, dated September 6, 1960; (3) Mrs. Metcalf wishes to demolish the old garage which is badly in°need of repairs and replace with a new double garage with a breezeway. The: existing garage is on the east side of the house and this is the entrance to the house; (4) The ground slopes away sharply on the west side of the house and it would not be practical to, build a new garage there; (5) The septic tank and tile bed is located at the rear of the house. The Committee considered the facts presented and this application was adjourned to enable the Committee to visit the property. CLASSIFICATION 10 11i0" Page 7 Meeting of Committee of %djustment May 11, 1970; ApplicationFile No. 229-70 M.B. Kelly, B. Comm, LL.B., Strike & Strike, Agent, Barristers & Solicitors, Bowmanville, Ontario, Samuel John Powell, Owner, R.R. 43, Newcastle, Ont., for part of Lot 16, Con 1, Township of Clarke, Submission No. "B" 229-70-198 As business arising from minutes of past meetings, this application was presented for further consideration. Mr. Samuel Powell, the applicant, accompanied by his son Mr. Ronald Pbwell appeared in support of this application. No other person appeared in support of, or in opposition to this application. 1. The Committee referred to the minutes of meetings February 9, February 14, March 9 and April 6, 1970; 2. Recalled their inspectign of the site; 3. Noted that the original subdivision control by-law was dated November S, 1965 and on the 24th of May, 1966, an application was made by the builder for a building permit which was granted on that date under #28-66; 4. Referred to the Sworn Affidavit of Pair. Samuel J. Powell wherein he stated "it has always been my intention to convey the above-mentioned parcel containing 1.54 acres to the said Ronald Powell. However, through inadvertence and procrastination I neglected to take the necessary steps to convey the above-mentioned ,parcel." , Mr. Powell explained that he was of the opinion there would be no difficulty in regard to a severance, since the building permit had been issued. The Committee then perused the Plan of Survey and after a lengthy discussion concluded as follows: (1) The applicant, as a farmer would be entitled to a severance upon retirement; (2)` Nr. Ronald Powell,.his son, is living in the house built on a lot and assists with the farming operation;Mr. Powell Sr. is continuing to occupy the main farm residence; (3) The house is presently in existence and was legally constructed with a building permit; (4) This is a pre-existing condition amd the existing dwelling and lot legalized by a proper severance; (5) The applicant had complied with the conditions as imposed in former minutes; The Committee regard this application as equivalent to an application by a farmer to retain a lot for a retirement home. Application granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. _ CLASSIFIC.�TIGN Sec. 10, "10' I.ppendix 1 "J" Page 8 Meeting of Committee of ,djustment May 11, 1970; Application F -1e No. 247-70 W. Kay Lycett B.A., agent, Barrister & Solicitor, Orono, Ontario, Jan Ochonski, Owner, R.R. #2, Orono, Ontario, for part of Lots 6 & 7 Block "H", W. side Church St. Village of Orono, Township of Clarke, Submission No. Application was made for exemption or partial exemption from provisions of sub -division control by-law 1592, with amendments thereto so as to permit the separation of 84.15' x 152' being approximately 12,790.80 sq.ft. from the applicant's land. The Secretary reported that 22 notices of the saidhearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Ochonski, the applicant, accompanied by his agent W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario appeared in support of this application. The following persons appeared in opposition to this application: Mrs. Emil Schmid; A4r. A. Van -den Jeuvel; and Mr. R. Sharp, all abutting owners. No other person appeared in support of, or in opposition to this application. Mr. Ochonski was sworn and made the following submissions: (1) In the summer of 1967 he purchased lots 6 and 7 on,the fest side of Church Street in Block "H" as shown on the plan of the Village of Orono by C.G. Hanning P.L. S. (about 1877), revised by A.T. Perrin P. Eng (1952/7); (2) The dimensions of said lands are: 152' x 168.301 and have an area of approximately 25,581.60 square feet; (3) These lands are situated in an area zoned "R1" in by-law 1592 with amendments thereto; (4) He wishes to separate a parcel of land being approximately 84.15 feet x 152 feet, being the eastern half of the said lands; , (5) He submitted a photostat copy of a Plan of Survey, prepared by M.D..Brown, OLS.97Bowmanville, Ontario, dated June 16, 1966 and bearing number 66081; (6) The said lands have been inspected by the Northumberland - Durham Health Unit, Cobourg, Ontario, and copies of the certificate will be supplied to the Secretary of the Committee; (7) The purpose of this application for severance is to enable him to sell two separate building lots for single family dwelling units;. The Committee noted the following: (1) Inspection of the Plan of Survey by 14.D. Brown GLS., revealed that the eastern side has a length of only 132' and not 152' as was stated on the application form, whereupon the applicant submitted that, some time ago, there had been an action by a number of people in the neighbourhood to close that portion of i'rincess Street north of the subject lands. Page 9 Meeting of Committee of Adjustment May 11, 1970; The closure of this portion of Princess Street would have added a strip of land of 20' x 168.30' to his holdings. The action, however, had been unsuccessful and the survey had not been amended accordingly, with the result that when copying the dimensions from the survey to the application form he had inadvertently included this additional portion of land. The applicant.then stated that he was prepared to amend his application to show the correct dimensions. The Committee accepted Mr. Ochonski's suggestion and on motion by K. Schoenmaker and seconded by E.F.R. Osborne this application was amended and initialled by the agent, W. Kay Lycett B.A. carried. (2) The subject land is a corner lot, the northern side (168.30') abutting Princess Street .and the eastern side (132') abutting Church Street; (3) The referenced Plan of Survey also shows that the land is composed of Brighton Sandy Loam with good drainage and porosity; (4) Both streets, Church Street and Princess Street are 40' wide as shown on the referenced Plan of the Village of Orono; (5) The proposed severance would create two building lots for single family dwelling units, one having a frontage on Princess Street of 84.15' with a depth of 125' and having an area of approximately 10,518.75 sq. ft. The other lot having a frontage on Princess Street of 84.15 feet and a frontage of 132 feet on Church Street with an area of approximately 11,107.80 sq. ft. The zoning by-law 1592, with amendments thereto, requires that building lots for single family dwelling units in an "R1" zone where served by sanitary sewers or public water supply should have a frontage of 75' and an area of 7,500 sq. ft; (6) It would appear that this application to sever the aforementioned parcel of land would create two build- ing lots which would meet all requirements as laid down in the referenced by-law; The persons opposing this application then were invited to make their submissions: Mr. A. Vanden Heuvel stated the following: (1) He does not oppose the creation of two building lots, as a matter of fact he would like to see this area developed. However, he does object to the severance as proposed by the applicant as this would create building lots with frontages on Princess Street; (2) The situation on this portion of Princess Street is unique. His house and the house of his neighbour immediately to the west of him, Mr. R. Sharp's have frontages or. Station Street. This street is north of Princess Street and runs more or less parallel to Princess Street. Both his and Mr. Sharp's backyards abut the northern limits of Princess Street; Allowing the severance as proposed by the applicant would put two houses directly south of his and Mr. Sharp's backyards, both houses facing these back yards and only a narrow street separating them. This would seriously affect his and Mr. Sharp's privacy as well be undesirable to the future owners of the houses proi;osed to be built on the subject lands; Page 10 Meeting of Committee of adjustment May 11, 1970; (3) As an alternative, in his opinion, the proper development of these lands should require that the frontage be on Church Street. He realized that the frontages would then be only 66' instead of the required 75'. In support of allowing such a minor variance he stated that most lots with established single family dwelling units on them in the area have frontages of 66' and this application could be considered an infilling operation as the character of the area has been established. :also the subject lands would more than meet the require- ments of Zoning By -Law 1592 with amendments thereto as each lot has an area considerably more than the re- quired 7,500 sq. ft. so that a private sewage disposal system would not cause any problems; (4) He further stated that the relevant portion of Princess Street had been closed by by-law some time in the past and that the present use of this street was illegal. Upon the request of the Committee he stated that he would supply the committee with a copy of the relevant by-law. Mrs. Emil Schmid and Mr. Ray Sharp stated that they concurred with Mr. A. Vanden Heuvel; In addition Mrs. Schmid stated that the water table in this area is of constant concern to them and that she would like to see that the level of the subject lands would not be raised before, during or after construction of the proposed single family dwelling units, so that no surface water would be drained on her lot and other surrounding lots In reply to Mr. Vanden Heuvel's remarks, Mr. Ochonski stated that presently people prefer long low houses with the result that to build such houses, large frontages are required. The only way that he can meet this demand is to have the frontages on Princess Street. If, however, a renewed action to close that portion of Princess Street would be launched, he would not object, as a successful action would increase the are of the subject lands by a strip of land 20' x 168.30' and would result in an increase of 20' to the frontage on Church Street. This total frontage on Church Street would then be 152' which would allow him to divide the subject lands in two parcels each having a frortage of 761. The application was adjourned to allow the Committee to inspect the subject lands. CL"SSIFIC,tTION Sec. 4 (Rl) "J" Meeting adjourned at 11:45 p.m. G -7-2`7 Secretary -Treasure. Chair an