HomeMy WebLinkAbout09/22/1970MEETING
of the
COMMITTE2 OF Ani STIqENT
Tuesday, September, 22, 1970 at 7:00 p.m.
Council Chamber
Present: E.R. Lovekin, Chairman,
E.F.R..Osborne, Member,
K. Schoenmaker, Member,
Mrs. Ellen I',1. Yeo, Secretary -Treasurer
Mr. A. Low, Secretary, Planning Board
The minutes of August 17, 1970 were approved on motion by
K. Schoenmaker and seconded by E.F.R. Osborne. Carried.
Application File 261-70 William E. Abray, Owner,
R.R. #1,
Orono„Northq Ontario,
for part of Lot 16, Con Vll,
Township of Clarke,
Submission No. "A"261-70-27
As business arising from minutes of the past meeting, this
application was brought forward for further consideration.
Mr..William E. Abray, the applicant, appeared in support of,
this application. No other person appeared in .support of, or in
opposition to this application.
Due to the absence of the applicant from the meeting held on
August 17, 1970, this application was adjourned.
In the meantime the Committee inspected the subject property
on Saturday September S, 1970. Mr. Abray, the applicant, was not
on the property when the Cpmmit,tee first arrived. Mr. Abray's
father volunteered to answer any questions of the Committee.
factsIn viewing the property, the Committee noted the following
z
1. The footings for a building had been poured,
approximately 22' from the fence line and were
31-2' wide, which seemed unusual for an ordinary garage;.
2. The fenceline did not appear to be far enough back
from the travelled portion of the road to allow for
a full 66' road, unless the travelled portion of
the road is displaced to the east of the road allowance.
The Committee, were'therefote, concerned as to the
actual proximity of the garage to the road allowance;
3. From the entrance gate to the cottage, the road slopes
gently down to a lower level near the house and it is
quite understandable that a snow problem could be
experienced in the 'winter, hence the reason for.the
garage being located at the entrance gate;
The applicant arrived back at the property and informed the
Committee that a Plan of Survey of the property was available.
The applicant also stated that the garage had been set back
farther than he had indicated to Mr. Horace Best, the Building
Inspector.
The Committee requested Mr. Abray to attend the meeting to
be held on September ,222 1970,.at which time his
be reviewed. application will
.--�
Page 2
Meeting Committee of Adjustment, September 22, 1970;
Upon being apprised of the facts of the Committee's
inspection of the property, Mr. Abray was then sworn and invited
to present his case.
Mr. Abray stated the following facts:
1. He wishes to build a double garage, but is
unable to conform to Section 3-7 "B" appendix 1 Sec. "G"
requiring a set back from a Township road of 93' for
the following reasons;
(a) There seemed to be little other place to
construct such a building and it would be
inaccessible in the winter time due to snow;
(b) If moved back the required distance, the
garage would be so close to the steep bank
of the creek that it would create a very
hazardous condition; particularly in the
winter; also the building would be closer
to the creek and pond than the 100' restriction
(ref, sec 3.8);
(c) The dwelling is used as a summer residence
and occasionally during the winter; it is
kept heated, in fact, the oil truck skidded
into the creek last winter;
Mr. Abray further stated that taking into consideration all
the facts, he could see no way other than to build the garage
approximately 22' from the fence line.
The Committee:
1. Perused the Plan of Survey presented;
2. Recalled the facts of the case as seen by
them when they inspected the property, particularly,
in regards to the topography and were of the
opinion that the garage had to be located
(a) where the snow was not too deep;
(b) away from the creek and pond;
3. Informed Mr. Abray 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 Act.
Application granted on motion by K. Schoenmaker and seconded by
E.F.R. Osborne 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 mailedto 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;
Page 3
Meeting Committee of AdjustmentaSep'tember 22,1970;
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 Sec. 3 - General Provisions
Application File No. 260-70
Application File No. 263-70
William J. Turansky, Owner,
Kendal, Ontario,
for part of Lot 5, Con Vll,
Township of Clarke,
Submission No. "B"260-70-213
Submission No. "A11263-70- 28
Re: Application File No. 260-70 - As business arising from
minutes of the past meeting, this application was brought forward
for further consideration.
Re: Application File No. 263-70 - Appli.cation was made for
exemption or partial exemption from provisions of sub -division
control by-law No. 1592 and amendments thereto to permit a minor
variance from the required area of 40 acres in an agricultural zone.
The Committee referred to the minutes of August 17, 1970,
at which time Mr. Turansky concurred with the Committee's suggestion
that a minor variance application should accompany his application
(#260-70) requesting a severance of the undersized lot having an area
of 3001x3001.
The Secretary reported that 19 notices of the said hearing
pertaining to the minor variance had been mailed in accordance
with Item 4 of The Rules of Procedure.
Mr. Turansky, the applicant, appeared in support of this -
application. No other person appeared in support of, or in opposition
to this application.
Mr. Turansky was then sworn and the Committee, with the
consent of the applicant, ruled that the evidence given by Mr.
Turansky was to apply to the two applications.
As a matter of record the Committee visited this property on
Saturday, September 5, 1970 at 9:00 a.m.
Although Mr. K. Schoenmaker one of the Committee attended the
inspection of the property, he did not participate in the discussion
due to the fact that he was unable to attend the meeting held on
August 17, 19701 at.which time the original application was presented.
The Committee noted the following facts:
1. fir. Turansky was working in the barn when the
Committee arrived. The barn on the property housed
both cattle and horses and obviously had been in
use for some years.
2. The foundations of an old house were visible near
the barn. This house had apparently been destroyed
by fire.
The Committee were of the opinion that the initial application
is for a severance of land to be sold to the Director of the
Veterans Land Act. The Committee pointed out that in accordance
with the Provisions of the Planning Act R.S.O. 1960, Chapter 296
and amendments thereto Ref. Sec. 26 (Sub. "D") "the land or any
use of or right therein is being acquired or disposed of by Her
Majesty in right of Canada or Her Majesty in right of Ontario or by
any municipality, metropolitan municipality (r county";
The second application is for a minor variance for a lot 300'
x30'0`,to be retained by Mr. Turansky onvhich he wishes to build a
residence. The Committee resolved that special considerati n hould
be given Veterans Land Act cases. Physically speaking the �an
was suitable for housing.
Page 4
Meeting Committee of Adjust-.,ent, September:22, 1970;
The Committee:
1. Referred to the minutes of m•aeting August 17, 1970;
2. Perused the Plan of Survey submitted;
3. Considered all the facts presented;
4. Informed i`ir. Turansky that the decision of the
Committee of Adjustment, when not appealed, does
not become final and bindina 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 Act;
5. Noted that this application could be construed as analogous
to the situation of a farmer retaining a lot and,
therefore, wish to record their sentiments that any
further application for severance in regard to this
land should be dealt with bearing this fact in mind;
These applications were granted as follows:
Application 260-70 - On motion by E.F.R. Osborne and seconded by
E. Richard Lovekin to permit the separation
of approximately 3001x3001, approximately 90,000 square feet in
area from the applicant's land on the following condition:
1. That a copy of this decision shall be registered on title. Carried.
Application 263-70 - On motion by E.P.R. Osborne and seconded by
E. Richard Lovekin to permit a minor variance
from the required 40 acres to.a lot 3001x3001, subject to the
following conditions:
1. The lot to be created is to be conveyed only to
The Director VLA, who is an officer of the Crown
in rioht of the Dominion of Canada;
2. That the house be constructed while the land stands
in the name of The Director, Veterans Land Act;
3. 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;
4. 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;
5. AND FURTHE-1Z 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 Sec. 10 "A" M.V.
Page 5
Meeting Committee of Adjustment, September 22, 1970;
Application File 264-70
Mrs. Marie T. Micklash,
75 Tecumseh Avenue,
Oshawa, Ontario,
for part of Lot 15, Con.
Township of Clarke,
Submission No.
Owner,
V11,
Application was made for exemption or partial exemption from
provisions of sub -division control by-law No. 1592 and amend-
ments thereto to permit a minor variance from Section 2.14 "lot"
requiring a "lot" to front on a public highway; and relief from
Appendix 1 (h) requiring a minimum floor area of 1,200 square feet.
The Secretary reported that 14 notices of the said hearing
had been mailed in accordance with Item 4 of The Rules of Procedure.
The applicant's husband I°Ir. A.E. Micklash, accompanied by his
agent, W. Kay Lycett B.A., Barrister & Solicitor, 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. Correspondence from Mrs. Marie T. Micklash dated
August 14, 1970 requesting permission to construct
a building approximately 800 square feet to be used
during the summer for 5 months for recreational
purposes. Three small existing buildings would be
demolished prior to building the B00 square feet
dwelling and further stating that the site is of no
use as a home as the 1616" laneway is not maintained.
during the winter months;_
Mr. Micklash was then sworn and made the following submissions:
1. The facts were as stated in Mrs. Micklash's letter;
2. There exists three small. buildings on the property,
poorly constructed with no foundations. and the
supports are slowly rotting;
3. The applicant wishes to demolish the 3 existing buildings
and replace with one larger building of approximately
800 square feet;
4. The new building would be occupied as a summer dwelling
only, for approximately 5 months in the year as the
16'6" laneway is not maintained during the winter
months;
5. A gate has been erected at the entrance to the laneway
from the side road between lots 14 & 15 and signs are
erected on the gate stating that it is a private road.
The Committee asked Mr. Micklash the following questions:
Q. Did you erect a. gate at the entrance? A. no.
Q. Have you erected any signs at the road? A. no.
Q. Did you put a lock on the gate? A. no.
The Committee were of the opinion that the important point
to be considered in this application was the status of the road
and whether this lot faced a public road or not.
The Secretary was instructed to correspond with the Reeve
and Members of Council requesting clarification of their policy
with regard to this road.
Appligation adjourned to enable the Committee to inspect the
property.
CLASSIFIChTION 10 "A"- M.V.
Page 6
Meeting Committee of :adjustment, September 22, 1970;
Application 265-70
Application 266-70
Application 267-70
Joseph C. Victor B.A. LL.B,Agent,
Creighton,'Drynan, Murdoch &
Victor, Barristers & Solicitors,
5 Simcoe Street North,
Oshawa, Ontario.
Leo Joseph Boisvert
Bella M. Boisvert Owners,
R.R. 41 Newtonville, Ontario,
for part of Lot 9, Con 11,
Township of Clarke,
Submission No.
Submission No.
Submission No.
Applications were made for exemption or partial exemption from
provisions of sub -division control by-law No. 1592 and amendments
thereto as follows:
Application 265-70' To permit the separation of 105.51x512'
being approximately 53.760 square feet
in area from the applicants' land;
Application 266-70 To permit the separation of 105.5'
x53'x512' being approximately 5.565
square feet in area from the applicants'
land;
Application 267-70 To permit the separation of 407'x347.5'
X512' being approximately 4.073 acres
in area from the applicants' land;
The Secretary reported that 36 notices of the said hearings
had been mailed in accordance with Item 4 of The Rules of
Procedure.
Mr. and Mrs. Leo J. Boisvert, the applicants, accompanied by
their agent Joseph C. Victor B.A., LL.B., Barrister & Solicitor,
Oshawa, 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 miteri.al to
the meeting:
1. A photostat co,y of a letter forwarded to the Committee
of :�djustmcnt from Clarke Township Council signed by
"Mrs. L.J. Boisvert". and received by Council August 17,
1970; The Committee noted the contents thereof;
2. Correspondence from Joseph C. Victor, B.A. LL.B.,
L'reighton, Drynan, Murdoch & Victor, Barristers &
Solicitors, 5 Simcoe Street N., Oshawa, Ontario,
dated Aucus�t 28. 1970 and September 16, 1970. The
Committee noted the contents thereof and requested the
Secretary to include the relevant facts from the
correspondence dated September 16, 1970 in these
minutes:' "In response to your inquiry as to our clients
intentions -with regard to these applications, we make
the following submissions:
1. ,applications Number 265-70 and 266-70 cover parcels
of land having a frontage of 105.5 feet and a depth of
512 feet at the north and south boundaries of the property
which is owned and occupied by I°Ir, and Mrs. Boisvert.
The deed by which Mr. and Mrs. Boisvert acquired
title to this property is dated October 28, 1957 and
was registered on November 8, 1957 as #4857 for the
Township of Clarke. The lands described in the deed are
said to have a frontage of 682 feet on the road allowance
between lots 8 and 9 in Concession 2 of the Township of
Clarke and the north boundary of which is said to be 1,238
feet south of the north-east angle of lot 9 and being
rectangular in shape, with a depth of 512 feet.
Page 7
Meeti.ng Committee of 'djustment, September 22, 1970;
A survey dated August 12,71969, of the, lands occupied
by Fir. and Mrs. Boisvert, shows that they are occupying a
parcel of land in Lot 9 which has a frontage on the afore-
mentioned road allowance between lots 8 and 9 of 682 feet
and that the north boundary of which is 1,343.50 feet south
of the north-east angle of Lot 9. This results in a dis-
crepancy of 105.5 feet between the lands which were purchased
and which are occupied by them, and the manner in which these
lands are described in the deed by which they obtained title
as aforesaid.
The north boundary of the lands occupied by Mr. and
Mrs. Boisvert is roughly parallel to the north boundary
of the lands described in the deed, whereas the south boundary
of the land's which are occupied by them is at considerable
variance with that which is described in the deed.
In these circumstances and in order that this discrepancy
may be rectified so that the lands which are owned and
occupied by Mr. and Firs. Boisvert may be correctly described
in the deed by which they hold the registered title, it will be
necessary for'them to convey to the owner of the adjacent lands
to the north the parcel which is described in application
number 265-70 and to obtain from the owner of the adjacent lands
to the south of their property a,conveyance of the lands
described in application number 266-70.
2. With reference to application number 267-70 and which
covers the south 4.073 acres of the lands owned and occupied
by Mr. and Firs. Boisvert, they are requesting a consent to
the severance of these lands because it is their intention to
construct a residence thereon which would be occupied by their
children and it may be necessary to obtain mortgage financing
which they would wish to do without encumbering the northerly
portion of their lands upon which is said to be situate a
dwelling presently occupied by them. Yours truly, "J.C. Victor"
3. A photostat copy of a Plan of Survey prepared by M.D. Brown OLS 1106
Bowmanville, Ontario,'dated August 13, 1969- #69118, out-
lining the proposed severances;
The Committee perused the Plan of Survey and noted that it
was unsigned by Mr. Brown. The Secretary was requested to
return the copies to Mr. Victor for Mr. Brown's s.gnature
and this survey will be presented at the next -meeting.
Mrs. Boisvert was then sworn and she stated that the facts submitted
by Mr. Victor in his letter to t_hc� Committee were true.' The error
in the description of their property was revealed when Mr. Victor
searched the title prior to submitting an application on their
behalf to tyre Committee of 7'djustment for a severance of 4.073 acres.
The Committee referred Mr. Victor to the Hearing held by The Ontario
Municipal Board on March 3, 1970 at which time the Board gave approval
to three Restricted Area By -Laws being By-laws 1592, 1613 and 1653.
With regard to Mr. Boisvert's application to the Board on that date,
Pair. D. Jamieson gave the following decision 11(8) Mr. L. Boisvert is
the owner of 74 acres of land in township Lot 91 Concession 2. This
land is in an agricultural zone which requires a minimum lot area of 40
acres and this owner wishes to divide his property into two lots of
equal size and to erect a house on the vacant part of his land for
sale. He will now apply to'the township council for a rezoning to a
category which will permit a lot of the size that he wishes. The
evidence indicated that this land was well drained and abutted a
hard surfaced road."
Fir. Victor stated that he was unaware that Mr. Boisvert had applied
to the Board at the Hearing, or that he had been advised to apply
for a rezoning category. Mr. Victor, therefore, requested permission
to table these applications in order to apply to the Planning Board
and Council on behalf of his clients, for re -zoning to Rural
Residential.
Page 8
Meeting Committee of .Adjustment, September 22, 1970;
The Committee indicated to the applicants and their Counsel
that they could see no reason why they would not look favorably
on their application to amend the boundaries of their property as
revealed by the Plan of Survey prepared by M.D. Brown.
These applications were adjourned until the next meeting
with permission to the agent for the a3plicants to speak.to the
matter when he has received ''a reply from the Planning Board and
Council.
The Committee will inspect this property.
CLASSIFICATION Sect. 10 "A" "O"
General Business - The Secretary -Treasurer presented the
following material to the meeting:
1. Correspondence from Ontario Law Reform Commission
18 King Street E. Toronto 210. The Committee
noted the contents thereof. The Committee
reviewed the completed questionnaire and the
Secretary was instructed to return same with a
covering letter.
2. Preliminary Notice from Community Planning
Association of Canada, Ontario Division, 32
Isabella Street, Toronto 5, Ontario;
3. Notice of Annual Conference Association of Ontario
Housing Authorities, Hotel London, London, Ontario.
The Committee indicated that they were unable to attend these
meetings.
4. Ontario Planning Newsletter from the Department of
Municipal Affairs, dated August 1970.
The Secretary was instructed to make photostat copies of the
Newsletter for the Committee.
At the conclusion of the meeting the following persons were
interviewed:
1. Mr. and Mrs. Williams with regard to a proposed
addition to their motel "The Twin Oaks"
2. Mr. Ross McComb, whose application for a minor
variance will be considered at the next meeting
to be held on October 20, 1970.
Meeting adjourned at 12:00 p.m.
Secretary -Treasurer Chair