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HomeMy WebLinkAbout08/17/1970Page 4 Meeting Committee of Adjustment July 8, 1970; GENERAL BUSINESS The Secretary Presented the following material to the meeting: (1) Notice of Subdivision Control ".The Planning Amendments Act, 1970 (Bill 162) which came into force on June 27, 1970." The Committee noted the contents thereof and the Secretary was instructed to obtain sufficient copies of Bill 162 for the use of the Committee; (2) Correspondence dated July 6, 1970 from Municipal Planning Consultants Co. Ltd., 400 Mount Pleasant road, Toronto, Ontario. The Committee noted the contents thereof and requested the Secretary to file this information. Meeting adjourned at 11:00 p.m. .� 222 . Secretary-Treasu er MEETING of the COMMITTEE OF ADJUSTMENT Monday, August 17, 1970 at 7:00 p.m. Council Chamber Present: E.R. Lovekin, Chairman, E.F.R'. Osborne, Member Mrs. Ellen M. Yeo, Secretary -Treasurer The minutes of July 8, 1970 were approved on motion by E.F.R. Osborne and seconded by E.R. Lovekin. Carried. Applications File No. 257-70 258-70 259_70 A.R. Good B. Com. LL.B. Agent, Bonneville, Fitzgibbon & Good, Barristers & Solicitors, Port Hope, Ontario, George Franklin Elliott, Donald Bruce Elliott, Executors Estate of Bruce Franklin Elliott, Newtonville, Ontario, for part of Lot 4, Con 2, Township of Clarke, Submissions No. "B"257-70-210 "A"258-70- 25 "B"259-70-211 As business arising from minutes of the past meeting, these applications were brought forward for further consideration. Page 2 Meeting Committee of Adjustment, August 17, 1970; The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from Department of Highways, Functional Planning Office, Downsview, Ontario, dated July 10, 1970 stating "this Department has no objections to this proposal_as this is an existing condition and will create no new effect to Highway No. 2 in this area. (sgd.) "K. Ainsworth" (2) Correspondence from A.R. Good, B. Com, LL.B, Bonneville, Fitzgibbon & Good, Barristers & Solicitors, Port Hope, Ontario, dated July 13, 1970 forwarding a notarial copy of the letters probate of the Estate of the late Bruce Franklin Elliott dated 9th March, 1970, issued out of the Surrogate Court of the United Counties of Northumberland and Durham on the 4th day of March, 1970 and numbered 246199 attached thereto photostat copy of The Last Will and Testament of Bruce Franklin Elliott, dated 24th day of January, 1964; (3) Correspondence from A.R. Good, B. Com, LL.B., dated July 17, 1970 and attached thereto in duplicate, sworn statutory declarations of George Franklin Elliott and Donald Bruce Elliott verifying the following facts: (a) that they are the applicants named in the above mentioned applications and also the Executors of the Estate of the late Bruce Franklin Elliott of Newtonville, Ontario, their father; (b) that their father carried on business as an auto Wrecker, parts supplier and dealer in vehicles at lots 3 and 4, Concession 21 Township of Clarke from on or about the year 1927; (c) that George Franklin Elliott Aad been employed in the said business since on or about the year 1946; Donald Bruce Elliott had been amployed in the said business since on or about the year 1950; (d) that in or about the year 1960, George Franklin Elliott erected a dwelling house on lands being part of Lot 41 Concession 21 Township of Clarke which were the property of my late father and are now part of his estate; (e) That in the year 1954 Donald Bruce Elliott erected a dwelling house on lands being part of Lot 4, Concession 22 Township of Clarke which were the property of my late father and are now part of his estate; (f) that proper building permits had been obtained by both applicants and the said dwelling houses had'been erected out of their own resources; (g) that no conveyance of the lands on which the said dwellings were erected was ever made by my father; (hY that the purpose of the above mentioned applications is to sever the lands on which the said dwelling houses are located from the lands on which the aforesaid business continues to be carried on. Sworn 17th day July, 1970 (sgd) "Donald Bruce Elliott" Sworn 17th day July, 1970 (sgd) "George F. Elliott" Page 3 Meeting Committee of Adjustment, August 17, 1970; As a matter of record the Committee visited the property on Tuesday, July 21, 1970 at 12:30 p.m. and conversed with Mr. Donald Elliott. The Committee and Mr. Elliott inspected the property; reviewed the topography of the land; and in order to explain the present situation in its full historical context the following facts were discussed: The Elliott Family operate a complex on Highway #2, east of the Hamlet of Newtonville, in the Township of Clarke. The whole enterprise was a family affair and the father, Bruce Franklin Elliott, deceased, was in control of this enterprise during his lifetime. The sons worked for him as employees; The original garage was erected on or about 1926; a second building, now used for storage, on or about 1936; a brick gas station now used for storage on or about 1937; a large garage on or about 1944-45; The residence of Donald Bruce Elliott was built on or about 1954; and the residence of George Franklin, Elliott, on or about 1952; The present Motel was built in 1930, as cabins, and later these cabins were incorporated into a motel -like building. The buildings have been moved, improved and altered in many ways over the years; The Elliott enterprise is primarily an auto wrecking yard and armed forces equipment disposal depot. Army motorcycles, jeeps and other vehicles are now sold and have been sold since the second world war; It is intended that the remaining lands be conveyed to "G & D Elliott Limited" which will carry on the existing business, said company has been incorporated by the applicants; On the material submitted, verbal evidence given and following their viewing of the property, the Committee were satisfied of the following facts:. 1. That amending by-law 1653 zoned the lands owned by the applicants in two different categories; south of Highway #2 as Highway Commercial and agricultural; north of Highway 42 as Agricultural; 2. A check of the Municipal records revealed that building permit numbers are not available prior to the year 1961; 3. That these applications were being sought: (a) To give effect to the division of lands in an estate as in the aforesaid Will of Bruce Franklin Elliott, deceased; (b) To legally divide pre-existing equitable interests in land;, (c) to divide property in conformity with presently existing zoning (e.g. dividing ownership of land zoned "Highway Commercial" from"Agricultural and the existing dwellings; (d) that there was no evidence here of any attempt to mislead the Committee; (e) The position faced by the applicants was one that developed over the years before controls were imposed and was the result of the natural growth and expansion of an existing business•, Page 4 Meeting Committee of Adjustment, August 17, 1970; (f) That the severances requested and the minor variance sought, affected existing buildings and would not create multiple building lots;; (g) That the severances and minor variance sought, in no material way conflicted with the general planning of the are,a;, For these reasons the Committee looked favourably upon these applications. The applicant, George Franklin Elliott, one of the Executors of the estate of Bruce Fenklin Elliott, deceased, and his agent, A.R. Good B. Com. LL.B., Barrister & Solicitor, Port Hope, Ontario, appeared in support of these applications. No other person appeared in support of, or in opposition to these applications. The Committee: 1. Perused the documentary evidence submitted;, 2. Referred to the minutes of meeting July 8, and their inspection of the property on July 21, 1970; and were satisfied that the applicants had complied with the conditions imposed. The Committee wish to point out to the applicants,- 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. These applications were granted as follows:. On motion by E.F.R. Osborne and seconded by E.R. Lovekin Application No. 257-70 to permit the separation of approximately 27.994 acres; and Application 259-70 to permit the separation of 1.409 acres, on the following condition:. 1. That a copy of this decision shall be registered on title. Carried. On motion by E.F.R. Osborne and seconded by E.R. Lovekin Application 258-70 to permit a minor variance from the required area of 40 acres To 27.994 is 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 "K" - 10 "A" Page 5 Meeting Committee of Adjustment, August 17, 1970; 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. "B"255-70-212 As business arising from minutes of the past meetings, this application was brought forward for further consideration. E.H. Samuel 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 Plan of Survey prepared and certified by M.D. Brown, OLS, 1106, Bowmanville, Ontario, dated August 13, 1970 and numbered 70089; The Committee: 1. Referred to the minutes of meetings held on June 20, June 22, and July 8, 1970; 2. Recalled their inspection of the site on June 22, 1970; 3. Perused the Plan of Survey presented and noted that the area had been increased to the one acre requirement of Rural Residential; 4. The Committee were satisfied that the applicants had complied with the conditions imposed. Mr. Samuel was advised 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. This application was granted on motion by E.F.R. Osborne and seconded by E.R. Lovekin, subject to the following conditions: 1. That Mr. Samuel amend the application so that the dimensions of the lot shall read 173'x2521. as shown on the Plan of Survey as prepared by M.D. Brown OLS., Bowmanville, Ontario. 2. That a copy of this decision shall be registered on title. CARRIED. CLASSIFICATION Sec 8 (MI) Application File No. 262-70 Larry Beaupre, Owner, R.R. #2, Orono, Ontario, for part of Lot 24, Con B. Township,of Clarke, Submission No. "A" 262-70-26 Application was made for exemption or partial exemption from provisions of sub -division control by-law No. 1592 and amendments thereto to permit an addition to an existing building 30'x801under Section 10 - Agriculture Zone (A) and Section 11 - Conformity. The Secretary reported that 24 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Larry Beaupre, the applicant, appeared in support of this application. No other person appeared in support of, or in opposition to this application. Page 6 Meeting Committee of Adjustment August 17, 1970; The Secretary -Treasurer presented the following material to the meeting: 1. Correspondence from Ontario Sports Distributors dated July 15, 1970 and signed by "Larry Beaupre" as follows:. it I would like to apply for a building permit for a cement block warehouse to be added to my existing Snowmobile Sales and service building. The diagram below will show it's location. The location is Lot 24, conc. 8" 2. Correspondence from Horace R. Best, Zoning Administrator, dated July 27, 1970 as follows: Dear Mr. Beaupre: Rer Application for Building Permit "We hereby acknowledge receipt of your application under date of July 15, 19709 for a building permit to erect a cement block warehouse addition to your existing sales and service building located in the south half of Lot 24, Con. 8. Further to your attendance at this ofrice on July 22, we have processed your application and have noted the following facts: (1) The subject land and buildings are situate in an "A" (Agricultural) Zone; (2) The applicant's buildings and the adjacent land are currently used as a retail outlet for snowmobiles etc. (.3) In respect of items 1 and 2, and By -Law No. 159.2 with amendments thereto, the use of the applicant's land and buildings is classified as Non -Conforming. With reference to the above noted facts, we regret to advise that Section 11 of By -Law No. 1592 does not permit an increase in size of any non -conforming building and this office is unable to issue a building permit for a building or,structure that does not conform with the aforesaid requirements of the said by-law. However, Section 32b, 2, a, 1, of the Planning Act R.S.O. 1960, authorizes a Committee of Adjustment, upon application, to 'permit a non -conforming building to be enlarged provided that the building continues to be used for the same purpose as it was used for on the day the by-law was passed and further provided that the enlarged building does not extend beyond the limits of the land owned and used in connection therewith on the day the by-law was passed. If you wish to make application to the Committee of Adjustment in respect of same the relevant application forms may be obtained at this office. (sgd) "Horace R. Best" c.c. Mrs. Ellen Yeo, Secretary-Treasurer,Committee of Adjustment, Township of Clarke. 3. The Highway Improvement Act, Building and Land Use Permit #41382, application reference No. BL70-7-181, expiry date Jan 21/71 dated 21st July, 1970; The Committee noted the contents thereof and the Secretary was instructed to include the information in these minutes. Mr. Beaupre was sworn and the following submissions were made: 1. This is an application for a minor variance by Mr. Larry W..Beaupre operating a business under the firm name and style of Ontario Sports Distributors; 2. The business is.located on the west side of highways 35 and 115 on the 8th concession of the Township of Clarke; 3. Access to the property is by way of access off the northerly edge of the Township road and not directly from the Provincial Highway designated as 35/115. (a controlled access highway) Page 7 Meeting Committee of Adjustment August 17, 1970; 4. The business operated by Mr. Peaupre is primarily a retail sales outlet for motorcycles, snowmobiles, boats and motors, snowsuits and similar and allied equipment; 5. A real estate office operating under the supervision of L.N. Bird Realty of the Town of Whitby is also on the premises. This is used largely for the sale of summer properties and is not a part of the business operation controlled directly by Mr. Beaupre; 6, Mr. Beaupre also has a separate dwelling house on the property and the old original farmhouse is now occupied by an employee who does the maintenance and repair work on the motor- cycles and snowmobiles sold through this outlet;: 7. The existing building faces Highway 115 and runs in a northerly and southerly direction and has an overall dimension of 241 x 901. Thee is a basement under the north half of the building used primarily as storage for motorcycles and equipment. A service centre occupies the north half of the building with the centre half of the building being used as a sales outlet and show- room. The extreme southerly part of the building is used as a real estate.office as occasion demands; 8. The applicant proposes to construct on the west side of the building, an addition running east and west, the primary pur- pose of this addition being to house the service facilities of the business, leaving the existing building free for an enlarged retail sales outlet; Basically then, the application is for permission to expand a non -conforming use located in an Agricultural Zone. It is difficult to see why the land use by-law of the Township failed to zone this location "Highway Commercial". It would appear to be an oversight as generally existing land uses were spot zoned along this highway. It is noted that in the original zoning survey plan this area was designated "Highway Commercial". No objection has been received by the Committee to date from any abutting owner or from the Planning Board in regard to this application for a minor variance. The applicant owns approximately 129 acres of land which is used for motorcycle riding in suitable weather and skidoo riding in winter weather and, therefore, forms part of the business and part of the non -conforming use (i.e. non-agricultural). The enlarged building would not extend beyond the limits of the land owned and used in connection with the business on the day the by-law was y assed. Side yard clearances and road set backs are more than adequate. The applicant informed the Committee that he had obtained and filed with the Secretary the referenced building and land use permit from the ,Department of Highways. Mr. Beaupre also informed the Committee that he had applied to the Planning Board for re- zoning to" Highway Commercial"and was awaiting a reply from them. After considerable discussion the Committee decided to view the property immediately and the meeting was adjourned at 8:30 to enable them to accompany Mr. Beaupre to the site. The meeting re -convened at 9:00 p.m. and the Committee stated that the physical facts revealed by an inspection of the property corroborated the evidence given by the applicant. On motion by E.F.R. Osborne and seconded by E.R. Lovekin this application is 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, Page g Meeting Committee of Adjustment, august 17, 1970; 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. non CLASSIFICATION Sec 10 "A" and Sec. 12/ Conformity Application File 261-70 William E. Abray, Owner, R.R. #1, Orono, North, Ontario, for part of Lot 16, Con Vll, Township of Clarke, - Submission Pb. Application was made for exemption or partial exemption from provisions of sub -division control by-law No. 1592 and amendments thereto to permit the erection of an accessory building in the front yard and exemption from reo_uired set back on the applicant's land under Section 3-7 "B" appendix 1 sec "G". The Secretary reported that 12 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. No one appeared in support of, or in opposition to this application. The Secretary -Treasurer presented the following material to the meeting: 1. A Plan of Survey prepared by Donevan & Fleischmann, Land Surveying & Engineering, Oshawa, Ontario, dated September 26, 1961, Job #9711. This application was adjourned to the next meeting and the Secretary was instructed to notify Mr. Abray that his presence will be required at that time so that the Committee may consider this application. CLASSIFICATION Sec. 3 - General Provisions Application File No. 260-70 William J. Turansky, Owner, Kendal, Ontario, for part of Lot 5, Con Vll, Township of Clarke, Submission Pb. Application was made for exemption or partial exemption from provisions of sub -division control by-law No. 1592 and amendments thereto to permit the separation -of 3001x300' being approximately 90,000 square feet in area from the applicant's land. The Secretary reported that 16 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. and Mrs. W.J. Turansky, the applicants, appeared in support of this application. No other person appeared in support of, -or in opposition to this application. Page 9 Meeting Committee of Adjustment, August 17, 1970; Mr. Turansky was sworn and presented the following material to the mee-ting: 1. A Plan of Survey prepared and certified by M.D. Brown OLS, 1106, Bowmanville, Ontario, dated July 20, 1970 and numbered 70077; Mr. Turansky made the following submissions: 1. This is an application by himself and his.wife Dorothy Turansky for separation of approximately 300' x 300' in area from a larger property of approximately 65 acres; 2. On or about November 1, 1965 this land was acquired and approximately 2 years ago he -had qualified under VLA for this lot for a land holding under that legislation; 3. If consent is given, it is the intention to transfer this property directly to VLA and a home would be constructed for himself and wife under the terms of legislation referred to and known as VLA and administered by the Federal Government of Dominion of Canada; 4. The house that was previously on the property was burned down and only a small shack near the barn provides accommodation on the present property; 5. Mr: Turansky intimated that at present he had no plan, -but can obtain one. Following a discussion on the facts presented, this application was adjourned to enable the Committee to visit the property. The Committee informed Mr. Turansky that the lot for which he was requesting a severance is an undersized lot under Section 10 - Agriculture Zone (A) and, therefore, an Application for a Minor Variance would be required. Mr. Turansky agreed with the Committee and submitted a completed Minor Variance Application for consideration at the next meeting. CLASSIFICATION Sec. 10 "A" General Business: The Secretary -Treasurer presented the following material to the meeting: 1. Correspondence from Department of Municipal Affairs 801 Bay Street, Toronto 5, Ontario, dated July 20, 1970 signed "Cecil A. Louis". Upon perusal the Secretary was requested to file same; 2. Correspondence from Ontario Law Reform Commission, University of Toronto, Toronto 5, Ontario, dated July 24, 1970 signed by "H. Allan Leal". Attached thereto was a lengthy questionnaire relating to the functions and practices of Committee os Adj4stment. The Committee spent considerable time completing the questionnaire -and the Secretary was instructed to complete same and return as soon,as convenient. \ The Committee made reference to the fact that an interim meeting was held on July 30, 1970 at which time Mr. Edward R. Woodyard presented deeds for approval with regard to applications 210-69 and 211-69, Helen J. and Catherine A. Waddell. These applications were granted on November 24, 1969, subject to the Road'Superintendent's approval of the road. The Secretary -Treasurer presented correspondence dated July 27, 1970 and signed by "M. Ross", and upon perusa same the deeds were stamped and signed by the Committ r ne to Mr. Woodyard for registration. Meeting adjourned at 11:00 p.m. anr Secretary-Treasu er