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HomeMy WebLinkAbout06/20/1970Page 8 Meeting of Committee of .djustment June 1, 1970; GiENEP:,L BUSaNES$ The Committee made reference to the fact that a search of title in the Registry Office had been made by the Secretary assisted by Mrs. H. Lovekin, in order to come to a definite decision on the applications of.I°:r. Robert Ross Boyd and 11r. David Hood. Ordinarily it is not the function of the Committee to search titlest but an exception was made due to the.fact that both these applicants had represented themselves, rather than retain Counsel, and the Committee are desirous of finalizing these matters and independently varifying the facts. On motion by K. Schoenmaker and seconded by E.F.R. Osborne that Mrs. Lovekin b,e re-imbursed for the time expended., in the amount of $10.00, said sum to be debited to the contingency fund `budgeted ror such purpose. carried. c Meeting adjourned at 10:45 p.m. c v Secretary -Tri surer. P;;E1^ING Of the COMMITTEE OF .DJUSTMENT Saturday, June 20, 1970 at 9:30 a.m. c Council Chamber Present. E.R. Lovekin, K. Schoenmaker Chairman, E.F.R.Member Osborne , Mrs. Ellen M. Yeo Member, , Secretary -Treasurer The minutes of meetingsJune 1, by K. S 1970 were approved on motion choenmaker and seconded by ,197. Osborne. Carried. -application File No. 224-69 File No. 225-69 v+. Kay Lycett E.::., .'.gent, Barrister Solicitor, Orono, Ontario William John Lorenzo BOWins, Jennie Lily Bowins, Owners, Orono, Ont:<rio, for part of Lots 1 & 2 Block 1, rolice Village of crono, L,ot 292 Concession 5, Township of Clarke, Submission No: 11E" 224-69 n :,n 225- 69 '�s business arising from minutes of the past meetings -'l -this applic-tiQn was presented for further consideration. Mr.'Im. J. L. Bowins, the applicant appeared in sup -,Dort of this application... No other person appeared in sup ;ort of or in op_othis to this application. Page 2 Meeting of Committee of Sdjustment June 20, 1970; The Secretary -Treasurer presented the following matdri l to the meeting: (1) Correspondence from iJ. Kay Lycett B.A., Barristc_rcL Solicitor, Grono, Gnt:-.rio, datedlJune 16, 1970, as follows: "In the above application you will remember that sl the Committee suggested that possibly Mr. Bowin amend his application for the division of his present holdings into two lots rather than the three lots and Mr. Bowin has been advised accordingly. He wonders whether in this light your Committee would be prepared to entertain the severance of that (portion of his holdings being the portion at the north east corner 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 Village of Orono. tor. Bowin submits that the parcel to be severed in making such an amendment has the% required frontage and depth and area in pursuance of the local zoning by -1=w and should, therefore, create no problem with regard to severance. In the circumstances and of retcrinincr.with his present residential property a frontage on Princess Street he would have an alternative access to this pro ;,erty by way of brat street with a rear yard drive -way" The Committee discussed the proposed amendment with I_r. Bowins and the Secretary was instructed to notify Mr. Lycett of a meeting to be held on Iionday, June 22, 1970 at which time these applications will be reviewed and; the suggestions as presented will be considered. CLASSIFIC:.TIGN "A" CLASSIFICATIGN "P" Application File No.234-70 Andras Gariscsak, Owner, 62 A Vaughan Road, Toronto, Ontario, for part of Lot 2, Con 1, Township of Clarke, Submission No. 234-70-207 As business arising from minutes :of past meetings this application was brouht forward for further consideration. Mr. Andras-Gariscsa]c, the applicant appeared in support of this application. No other person appeared in sup -ort of, or in opposition to this application. e., The Secretary -Treasurer presented the following material ^ to the, meeting: (1) A Flan of Survey prepared and certified by M.D. Brown OLS 1106, Bowmanville, Ontario, dated May 29, 1970, 470052; The Committee: (1) Perused -t-he Plan of Survey; (2) Referred to the minutes of meetings March 9, and April 69 1970; recalled their inspection of the site on February 14, 1970; (3) -ccepted tar. Gariscsak's statement that his parents have arrived from Hungary and are presently occupying the farm buildings, thereby establishing a home for his children; :after due consideration the Committee were satisfied that the applicant had complied with the conditions im;osed and on motion by K. Schoenm_:ker ° and. seconded by C.F.R. Osborne this application was granted. Carried. CLASM`XCATiON 10 11:,11 Page 3 Meeting of Committee of Jdjustment June 20, 1970; :�pplicati_n File No. 251-70 Romke Stel Owner, ietronella Stel R.R. Tr2, Newcastle, Ontario, E.R. Lovekin Esq., :-.gent, Barrister & Solicitor, Box 9, Newcastle, Ontario, f`or part of L;ot 302 Con 111, Township of Clarke, Submission No. "B"251-70-208. 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 a parcel of land approximately 100'x150.' being approximately 15,000 square feet in area from the applicant's land. The Secretary reported that 15 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. 1", Helen Lovekin appeared in support of this application. No other person appeared in support of or in opposition to this application. The Chairman, E.R. Lovekin B..,. LL.B., stated that he was acting on behalf of lir. P.omke Stel in this matter and he, tierefore, wished to withdraw from any consideration by the Committee of the merits of the case. This request was granted and the two members, K. Schoenm-aker and E.:.R. Osborne considered the application. The secretary -Treasurer presented the following material to the meetin4: (1) :a photost .t copy of a i'len of Survey`2 prepared by Flim and Trollope, OLS, 111 Elgin Street S,.st, Gshawa, Ontario, dated rebruary 16, 1965 W02553 -B3 with typed legal description attached thereto; :is a matter of record the Committee visited this property op Wednesday, June 17, 1970 and noted the -following facts: (1)` There was one house on either side of the vacant lot so that any construction would be by way of an infilling operation; (2) _-louses of a similar type were also found directly across the street, clearly establishing the character of the area; (3) The Gerald Gibson house (ref. 11-.1240-70-13, dated April 1970) is the second house to the west of this ro ;erty. i•irs. Helen Lovekin was then sworn and presented -to the Committee a sworn affidavit, dated lath day of June, 1970 veri�ying the following facts: "by a survey dated 16th February 1965, prepared by Flim an`d Trollope, GL3, two lots were created; Two deeds, one to each lot, we`_e registered on the 16th day of Mlarch 1965, as N.25231 and N.25234_; mortgage N25235 on one of the lots was given back to the Vendor Tors. :.lice Fisk on one lot, and this is the lot now in question being the lot commencing 100" east.`of the south east angle of Lot 30, Con 3. This lot was intended for the then infant son, Sidney Stel. The infant son could not have' given back an enforceable mortgage. On March 31, 1966 a deed registered as N. 29103 was given to the said Sidney Stel for his twenty-first brthd=:y gift. Tzis wais registered by Kenneth 9tubington, then a solicitor in I-ir. Lovekin's office. Page 4 Neet'_ng Committee of Adjustment June 20, 1970; The father, Pomke Stet in o.r.e r to finance his house on the westerly lot gave Victoria and Grey a mortgage for $8,500.00 which was registered on the 21st April 1965 as N25542; The son Sidney Stel is now married and would have built a house on the easterly of the two lots but recently decided to emigrate to New Zealand. This affidavit is filed in sui:port of a request to stamp a deed to answer a requisition on title and the applicant alleges that the deeds, mortgages and surveys on title the explanation of the son's infancy (i.e. below 21 years are all proof of prior instruments proving the land was dealt with separately." e The Committee considered the facts as -resented and were of the 6pinion that the iot falls into the category of a lot of record which was duly registered before the by-law by deed; a separate mortgage was registered on title to each lot; l:r. Stel built on one lot and held the remaining lot as trustee for a mingr, in this case, his son. The son now wishes to. move to New Zealand and the lot is to be sold. The Committee concluded on the basis of a lot of record reouiring a correcting deed, necessitated by a recuisition on title, that this application should be granted. This application was granted on motion by K. Schoenmaker, seconded by,E.F.R., Osborne with the proviso that a co,y of the decision be rer33stered on title to the property. Carried. The Committee hereby authorize the appropriate administrative officials of the Township of Clarke to issue any and all necessary permits or to take any steps necessary to implement this decision. CLASSIFICATION "R" Application File No. 248-70 J.J. McDonald Esq., ;_Dent, Suite 303, 181 Eglinton .'.ve. E., Toronto 315; Ontario,' Victor Jurgensman, Owner, 175 Fulton Avenue, Toronto 6; Ontario, for kart of Lot ll, Broken Front Concession"A" Township of Clarke, Submission No. "A"248-70-19 As business arising from minutes of the past meeting, this applicatic on was presented for further consideration. Joseph J. 711cDonald Esq.,. Barrister & Solicitor, agent for the applicant, accompanied by T:rs., S. Saak,=daughter of the applicant Victor Jurgensman appeared in sup -,port of this application. No other person appeared application, in sup _ort of, or in opposition to this As a matter of record the full Committee visit -d the site on �jednesday June 17, 1970 at 1:00 p.m. and not_d the following facts: (1) The property is on the north side of the Lakeshote :load; (2) Cement footings had been poured for -an average sized one car garage; graval had been placed in fhe driveway and on the floor of the proposed garage, . . earthen banks above the cement footings were six to seven feet high; Page 5 Meeting Committee of Ajustment June 20, 1970; (3) A small cabin was at the right of the cement footings ( to the east). No one was on the property at the time of the visit; (4) Behind the proposed garage, fresh clay lay on a road running north west and eventually this road crossed a bridge under which two 36" steel culverts provided a channel for the creek. A small ornamental foot bridge also spanned the creek: On the north shore of this creek about 50' in, a well had been dug. A large swing 20' high with ample seating for six adults was on the grassed area. In other words, adequate evidence exists, that the owner is in. the process of preparing a landscaped lot for a retirement home; (5) The creek bed World be approximately 25' to 30' lower than.the road so the gradient was suite.sharp making the kee,Ding of a car at the rear of the lot impractical; . (6) Immediately to the north of the road allowance running east and west, the applicant's lot has a marked ,grade separation from the road level of 3' or 4' on the eastern boundary of the lot increasing to 6N dr`7' at the West side of the lot; (7) The lot itself, as fenced, angles north-westerly from the road approximately 45° instead of the normal situation where the lot would be at richt angles to the road; (3) The proposed garage is not only too close: to the roadway but the surveyor's stake at the south west side of the lot was located only a few inches from where the garage wall would,be, so that there would be no side - yard to the west side of the garage; (9)`'The whole site was -very well maintained and landscaped. The Comhittee were convinced that the applicant was a'person whose property would be a credit to the C6mmunity. The particular proposal for the location 6f this garage, however, could not be approved br the following reasons: (A) The Garage was situated at the north edge of the road allowance; (B) there was no sdeyard clearance to the west; '(C) Because of the angle of the lot to the road, to come out of the garage and turn left ( to the west) is a 1350 turn -and the banks on either side of the garage,: limits vision so that every entry and 'exit, particularly from the west, would be a traffic hazard; While the Committee was sympathetic to the applicant's problem, they felt that the request as framed violated too many basic rules to be properly deemed a minor variance. Mr. I•;cDonald was made aware of the views of the Committee whereupon, in addition to his earlier submissions, he stated that, in his opinion (1) the site lines were not hazardous; (2) the applicant was unable to purchase additional land to the east of the property (3) a retirement home will be erected on the lot and it is not anticipated that There will be any traffic or parking problems age 6 Meeting Committee of Adjustment June 20, 1970; The Committee: (1) Commended the Solicitor for the applicant for the complete and fair case he presented on behalf of his client; (2) Revier'aed all the facts they had observed during their inspection of the subject lands and the submissions made by Mr. McDonald; (3) Perused the Plan of Survey prepared by Marshall, ilacklin and eiicnaghan, OLS., Don A:ills, Ontario, dated April 30, 1962; and on motion by K. Schoenmaker and seconded by E.F.D. Osborne granted the application subject to the following conditions: (1) (a) that existing footings would not be used; (b) an accessory building constructed to the north east of the existing footings so that the minimum sideyard to the west is over 4' and the setback from the Townshij road is a minimum of 15"; (c) that the building so constructed shall.be at right angles to the road and the floor level of such a building shall be at least the level of the crown of the road; (2) The applic`an't shall register on title by way of deposit a cony of this decision and shall forthwith, thereafter forward to the Secretary of the Committee a duplicate Certificate of Deposit 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. CLASSSiIC1.TION SEC. 10 of "I' .V." t .pplicatibn File No. 252-70 iiichael Bevan, Owner, 524 Phillip Biurray Ave., Oshawa, Ontario, for part of Lot 30, Con 1V, Township of Clarke, Submission No. 252-70 1pplication was made for exemi,tion or partial exemption from provisions of Subdivision Control By -Law 1592, with.amendments thereto, so as to permit a minor variance to authorize reduction of sei back from centre line of Township road of 93' to 77' for the issuance of a builcling permit for the erection of a dwelling house upon the subject lands. ir. Michael.Bevan, the applicant appeared in support of this application. .i4o other person appeared iri supaort o°, or in +' opposition of this application. - - The Secretary reported that '17 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. The Secretary -Treasurer presented the following material to the meeting: (1) A photostat co,,y of a Plan of Survey, prepared by I:.D. 3rown OLS, dated 17, 1965, %,---65121 "A" and °annotated "additions Feb 22, 1968"; Page 7 Meeting Committee of _adjustment June 20, 1970; ;sir. Levan was then sworn and made the following submissions: (1) There are two lots with established dwellings before amending -by-law 1653. The house across the road has a 45' setback and the house immediately to the south of his lot has a 44' set back. The aforementioned house is owned by one John Hancock and has only a 10' sideyard. The 25' sideyard requirement would mean that his proposed house would only be 35' from the Hancock house; e (2) mr. Bevan further stated that he could comply with the by-law according to the plains of the house he proposes to build, but in so doing, the front of his house would be out of line with the Hancock house. He would be much happier to have the front of his house even with the front of Mr. Hancock's, otherwise there would be no view to the south except ' the side of bir. Hancock's house; therefore, this application is for consent to the v_:riance of the required setback; (3) There are stakes at the 4 corners of his 19t where the proposed location of the house will be; I The Committee noted that Mr. Bevan had applied for a 44' setback whereas the by-law under Appendix 1(g) setback requires � " a minimum distance from centre line of a Township Road 931. Therefore, his request -is in fact for 77' rather than the required 931. On motion by K. Schoenmaker seconded by E.F.R. Osborne Far. Bevan was requested to amend his applic_,tion accordingly.' G ranted. This application was adjourned to enable the Committee to visit the property. CLASSIF=_,TION 10 "-" ;Tmyf, .zpplication File No. 253-70 W. Kay Lycett B.A.$ Agent, Barrister & Solicitor, Orono; Ontario, Richard Bert Schoon, Owners, Hendrikje Schoon, 111 May Street N., OsFiawa,'Ontar-c, for hart of Lot 32 Con 111, Township of Clarke, Submissic;n No: "A"253-70-20 z Applic-.tion was made for exem;,tion or partial exemption from provisions of Subdivision Control By-law 1592, with amendments thereto, so as to permit reduction of sideyard recuirement from 25' on one side to 24.30' and reduction of set back from centre line of Townshi: Road of 93' to 921; The Secretary reported that 13 notices of the said hearing had been mailed in accordance with Item 4 of The RilleS of Procedure. Mr. Rickard Bert Schoon, the applicant acdom,,:anied by Peter Louwesy Builder, R.R. 4#1 Orono, Ontario, appeared in support of this apv plication. No other person `ap;:e,red in support cf, or in op:osition to this application. The Secretary presented the following material to the meeting: (1) Corr=spondence from :J. Kay Lycett B..,,, Barrister & Solicitor, dated June 5, 1970. The Committee noted the contents thereof; c o Page.•8 Meeting Committee of :.djustment June 20, 1970; (2) A photostat copy of the description of the property and attached thereto a photostat co ,, -y of a Plan showing -the location of the house on part of Lot 32, Concessi�,n 3, Township of Clarke, prepared by H.Flim, GLS., 47 Prince St. Oshawa, Ontario, dated Lne 1, 1970 and numbered W.C. 4068; The Committee having been advised of -a pending application and, being in the area they�decided'to visit the property on June 17, 1970 and noted that a.foundation had been erected. I'r. Schoon was sworn and stated as follows: (1) The Foundation for the dwelling was staked out during the winter with snow on the ground; (2) In the spring he had applied to a Mortgage Company for a loan. The error was discovered when a plot plan of the site location was prepared for the Mortgage Company; (3) The Committee's consent is necessary so that the Solicitor for the Mortgage Company will certify proper title. . 1r. Peter Louwes was then sworn and he verified the statements made by I-ir. Schooz�to be true. t T1rie Committee: (1) 'ecalled their inspection of the property; (2) Perused the Plan of Survey which shoxied the location of the foundation on the lot; (3) Voted that 4pparently, through inaddertence the foundation for the house -had been located on the lot at a very slight variance from that which is required by the by-law; On motion by E.7.R. Osborne and seconded by K. Schoenmaker this application was granted subject to the following condition: (1) The applicant shall register on title by way of deposit a;copy.of,this decision and shall fort2with thereafter forward to the Secretary of the Committee a duplicate Certificate of Deposit or a Notarial cosy thereof; and further, th.t upon receipt b the Secretary of the aforesaid document,, the appropriate administrative officials of the Townshi, of Clarke will be authorized to issue any and,all necessary permits•or to take any steps necessary to implement this decision. Carried. CL:.SSIPIC-TION 10 " " "I•iV" Application File No. 254-70 W. Kay Lycett B._;t., :.gent, Barrister & Solicitor, Orono, Ontario, Hannah Langford, Owner, R.R. 421 Orono,. Ontario _ _Submission No. Applicc:tion is made for exemption or 13artial exem:tion from provisions of Subdivisiuc Control By -Law 1592, with amendments thereto, to hermit a variance in the frontage of an establish�ed lot from 330' to 110.64' in an "-." zone, said lot severed by the Committee of >;djustraent on October 273 1969 (ref. Submission "B" 184-69-183) j TJZe, Secretary reported that 17 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. rage 9 !,T -et na Committee of :'.djustment June 20, 1970; I•ir.--Russell Langford, husband of the applicant Hannah Langford appeared in_support of this application. No other person appecred in supeort_of or in opposition to this application. The Secretary presented the following material to the meeting: (1) Correspondence from ;d. Kay Lycett B.1., Barrister & Solicitor,.dated June 5, 1970. The Committee noted the contents thereof; i:r. Langford was then sworn and he st-,ted that he wished to obtain a building permit. He has not, as yet, filed specific plans with the Building Inspector. The matter was adjourned until the continuation of the hearing on Monday, June 22, at 11:30 a.m. and the secret«ry was instructed to ask Er. Lycett the agent to appear. The.Committee desire to know what type of decision he wanted in view of the fact that there was no specific plan filed with the application. iI-'-_ _ N 10 ",It' trip V. It I , 1:_.._. ile No. 255-70 E.Ii, Samuel Owners, J. Klasner, c/o Curvply wood Products Ltd., Orono, Onturic, for part of Lot 27 Con V. Township of Clarke, Submission No. Application was y+ade for exemption or.partial exemption,from provisions of subdivisi n control by-lEw No. 1592 with amendments thereto so as to'nermit the separation of a parcel of land of approximately 1751x120' being approximately 219000 square feet, in area from the app'_icntst land. The Secret-ry reported that 13 notices of the said hearing had been mailed in accordance with Item ^ of The rules of Procedure. The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from i°I.D. Brown, B.S.A., B..:. Sc, OLS, 121 Queen Street, Bowmanville, Ontario, dated June 9, 1970. The Committee noted the contents thereof; (2)photostat cony of a preliminary sketch illustr ting the proposed separation prepared by 4.D. Brown CLS., 121 Queen �t..Bowmanvillej Ontario, dated June 9, 1970. i,;r. E.H. Samuel, one of the ap_)licants appeared in sup_ ort of this application. No other person appeared in support of or in opposition to this application. i,ir. Samuel w -'s then wworn and he made the following submissions: (1) He owns or controls approximately 30 acres in an Industrial Zone, "Section 8" by-law 1592 with amendments thereto on which is situate a woodwor'.cing factory in continued use and operation employing approximately 80 peo_,le; (2) pproximatdly one month ago he purchased the said property consisting, of one house and 9 acres df land also situate in ,the Industrial Zone M1 zone area, in order to protect his existing abutting - lands. Page 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