HomeMy WebLinkAbout07/01/1970MEET NG
of the
COMMITTEE OF :0JUST1-!ZNT
Monday, June 1, 1970 at 7:00 p.m:
Council Chamber
Present: E.R. Lovekin Chairman,
K. Schoenmaker Member,
E.F.R. Osborne Member,
Mrs. Ellen E. Yeo Secretary -Treasurer
The minutes of meetings May 11 , 1970 were approved on motion
by K. Schoenmaker and seconded by E.F.R. Osborne.
Application File No. 174-69 Nancy Gail Hood
Application File No. 224-69 Ydm. 3.L. Bowins
225-69
These applications were presented for further consideration
and no one appearing the matters were set over until the next
meeting and the Secretary was instructed to advise the applicants
of the date of the next meeting.
Application File No. 241-70
Douglas ',dillard Beeks
David Nancekievill
This matter having come on before the Committee and an
enquiry having been received from W. Kay Lycett B.A., and from
one John Smith, the Committee rendered the following decision:
The Committee take the position that this applic,.•tion
stands on its own facts and that their decision to grant
a minor variance for a specific building to a specific
person or persons is the only decision made by them and
no alteration, change or amendment can be entertained at
this time by the Committee as they have rendered their
decision and are now functus officio. Any new application
in relation to the same property would be considered on its
merits as a new application.
The Secretary was instructed to record this decision in the
official minutes of the Committee and to send copies of the same
to the interested parties for their information.
CLASSIFICATION Sec.
Applic-tion File No. 246-70
Mrs. Iris 1•:etcalf3 Owner,
R.R. North,
Orono, Ontario,
for,part of Lot 23, Con V,
Township of Clarke,
Submission No."All 246-70-17
;-s business arising, from minutes of the past mLeting, this
application was presented for further consideration.
Mr. Ronald Fowler and Mrs. Iris Metcalf appeared in sup;ort of
this applicr,tion. No other person appered in suplort of, or in
opposition to this application.
As a'matter of record the Committee visited this property on
Thursday, Ilay 20, 1970. The anpiicant, Mrs. Iris I.letcalf,
at home, but the situation needed was not
little explanation.
Page 2
Meeting of Committee of d;'ustmont June 1, 1970;
The Committee noted the follow_ng facts:
(1) The existing house was a bungalow, well located on
a reasonably sized lot. The kitchen was in the
east end of the house and, obviously, the garage
would be best located on the east side of the building;
(2) :.n existing unattached garage had a ten -test exterior
in poor condition. The garage contained a stove and
chimney and obviously was used as a work area;
(3) A cement wall about one foot out of the ground with
bolts had been built for some years indicating a prior
intention to connect the house and garage, thus giving
a protected access to the garage;
(4) There were no buildings in sight to the eastand a
reduced side yard clearance woulc not create an
insuperable prcblera or even an annoying situation
in regard to neighbouring property;
(5) The abutting land to the east is in an agricultural zone
and buildings are unlikely to be built in the fore-
seeable future close to the boundary. The reconstruction
of the garage would substantially imrove the appearance
of the building and indeed of the whole property and
area. The main house is of ver; satisfactory construction
in brick.veneer.
The Committee were of the opinion that while the variance appeared
large on paper, the "on the site" inspection indicated that this
was in effect a reconstruction and enlargement of an existing
structure and while it would create a small sideyard problem, it would
greatly improve the a_:pearance o: the building.
The Committee referred to minutes of meeting I.lay 11, 1970 and
were satisfied that their inspection of the site revealed the facts
tube as stated b_✓ the applicant.
On motion by K. Schoenmaker and seconded by E.F.R. Csborne this
application was granted with the proviso that the applicant
shall register on title by way of deposit a copy of this decision
and shall forthwith thereafter forward to the Secretary of the
Committee a duplicate CertificLte of ;eposit or a Notarial copy
thereof. Carried.
The Committee hereby authorize the appropriate administrative
officials of the Townshi_: of Clarke to issue any and all necessary
permits or to take any steps necessary to implement this decision
following the Secretary; be_ng provided with the aforesaid document.
CL:LSSIPI3D Section 10, ".i" - "li.V."
Application File No. 247-70 W. Kay Lycett B.A., Agent,
Barrister & Solicitor,
Orono, Ontario,
Jan Cchonski, Owner,
R. t. ;#2
Orono, Ont,rio,
for part of Lots 6 a 79
Block "H", W. side
Church St.,
Village of Orono,
Township of Clarke,
Submission No.
As business arising from minutes of the past meeting, this application
was presented for.further consideration.
Page 3
Meeting of Committee of Adjustment June 1, 1970;
No person appeared in support of, or in opposition to this
application.
The Secretary presented the following material to the meeting:
(1) A photostat copy of correspondence from W. Kay Lycett B.A.,
Barrister & Solicitor, Orono, Ontario, dated May 20,1970,
addressed to -"Clerk of the Township of Clarke, Orono,
Ontario - Dear Sir: Re: Portion of Princess Street,
Orono - Further to my letter of --May 13th7 1970
1 have received from you a photo copy of By-law
No. 624. it would appear to me th-t the By-law
in question fails to effect an official closing
of any portion of Princess Street or any other
street as mentioned therein, but, only purports to
authorize the Corporati;n of the Township of Clarke
to`proceed to close up portions of the said streets
and unless some subsequent By-law did, in fact, close
these streets in question, it would be my suggestion
that these streets are still officially open. I
understand that all the adjacent owners -to Princess
Street, within the Village. of Orono, have now signed
a Petition requesting Council to close up that portion
of -rrincess Street, in the Village of Crono, extending
from Main Street, to Church Street, and I would be
glad if you would kindly confirm that such a Petition
has been received and that it will be presented to
Council at its next meeting. Yours truly,
(Sgnd.) "W.K. Lycett"
per "F.B."
(2) A photostat copy of a signed petition re the closing
of Princess St, as follows: Dated Crono, Ontario,
May 16, 1970; Je, the undersigned, being the owners
of property bordering on Princess Street between Main
and Church Streets, reo_uest the closing of Princess
Street between Main and Church Streets in the Village
of Orono; provided the said right-of-way is divided
by a line down the middle and the land tan be claimed
as is and added to the properties immediately adjoin-
ing on both sides of the street. (sgnd) "A. VandenHeuvel"
"Mrs. A. VandenHeuvel" "Ray Sharp" "Roberta Sharp"
"i'iargaret S. Arnott" "Jan Cchonski","adm. Forbes"
''Arlena Forbes"; I ,
The Secretary also reported that the agent, W. Kay Lycett B.A.,
Barrister & Solicitor had requested, by telephone, that this
application be adjourned awaitLing the outcome of a decision with
regard to the road closing.
As a matter of record the Committee visited the property on
Thursday, May 28, 1970, and noted the following facts:
(1) The Central question is whether or not Princess Street.
should be closed. There appears to be quitea
difference of opinion in this regard. The existing
houses on Station Street which back on to Princess
Street are in a wedge of land with minimal sized
lots, particularly, their back yards are small. To
close Princess Street and add one half the street
allowance to abutting properties would have definite
merit asfar as these properties are concerned;
(2) The Committee noted that the applicant, Mr. Jan C,chonski
has signed a petition to have the street closed and,
therefore, assume the applicant is willing to utilize
his lots by facing.the dwellings either north on
Princess Street or east on Church Street, depending on
the final decision in regard to the pror;osal of
closing Princess Street;
. . . . . . . . . . . .
Page 4
Meeti.nc of Committee of Adjustment June 1, 1970;
The Committee were of the opinion that a decision in this
matter should await the final decisio.. of the Township Council
and the Orono Police Trustees in regard to the proposed closing
of Princess Street.
The Secretary was instructed to send a copy of these minutes
to the parties concerned and this application was set over until
they next meeting of the Committee or until such time as the
matter,of the proposed road closing is settled.
CLASSIFIC._':_ Sec. 4 (Rl) 'fill
Application File No. 248-70
for part of Lot 11,
Broken Front Concession A
Township of Clarke;
J.J. McDonald Esq., _;gent,
Suite 303,
181 Eglinton .ve. E.,
Toronto 315, Ontario,
Victor Jurgensman, Owner,
176 Fulton -.venue,
Toronto 6, Ontario.
Application was made for exemption or partial exemption from
provisions of sub -division control by-law 1592, with amendments
thereto to permit the following: (1) the erection of an
accessory building in front of the main building to be erected
on these lands contrary to the provisions of Section 39 Subsection
7 (b); (2) the erection of an accessory building contrary to
the provisions of Appendix 1, (g) requiring a minimum distance
of 93 feet from the centre line of a township road;
The Secretary reported that 12 notices of the said 'nearing had
been mailed in accordance with Item 4 of The Rules of Procedure.
Joseph J. McDonald Esc., Barrister & Solicitor, agent for
the appliicant, accompanied by Mrs. S. Saak, -daughter of the
gpplicant Victor Jurgensman appeared in support of this application.
No other person appeared in support of, or in op,-osition to this
application.
Mr. McDonald made the following submissicns:
(1) This application is made on the basis of the
material in paragraph 6, page 1 of the application
form "Schedule
e
(2) The topography of the land is such that the applicant
would be unable to gain access to the main building
to be erected on the lands because immediately adjacent
to the Townshio :oad, the lands are high and then
they fall off to a small creek. The only way that the
applicant can use the lands to have access to them
during the rainy weather and winter, is to erect an
acces=sory building at the entrance to the lands close
to the road and walk_ from there to the main building to
be erected.
(3)' Mr. Schoenmaker asked Ir. MacDonald how close the
building would be to the limits of the road set back
and Mr. MacDonald replied that it appeared to be
approxim-tely 15' from the south west angle of the
Lakeshore road and 20' from the western limits of the
lands. Because of the topography,of the land this does
not constitute a situation that the building would
be too close to the road or constitute a hazard.
(4) It is the intention of the applicant to build a
retirement home;
(5) Mr. MacDonald produced the duplicate of an:original
deed - in joint names of Mr. & Mrs. Jurgensman, dated
27th of November 1963, registered first of June, 1964
4N22631, in the Registry Office for the Registry Divison
of the +est :tiding of the County of Durham for the
Township of Clarke;
cage 5
Meeting of Committee of,,:djustment June 1, 1970;
(6) 1.1r. MacDonald further stated that the applicant
is prepared to undert-:ke to remove such part of
the dwelling as may be necessary in the event
that the Township road is widened at a subsequent
date, aaithout requiring payment of compensation
for the removal of the building by the Township
of Clarke or other Municipal Authorities.
q.. The Committee asked Mr.�MacDonald if he was in agreement with
the Committee's proposed course of action that all such
decisions to be made will require the applicant to register on
title by way of deposit a copy of the decision and forward to
the Secretary a.duplicate .certificate of deposit or a notarial
copy of same. Por. MacDonald agreed that such a ccurse of action
had merit and verbally consented on beh-alf of his client, that
in the event that a favorable decision is handed down the
documents would be registered.
This application was adjourned to enable the Committee to
visit the property.
CLASSIFICATION Section 10 "A" "M.V."
Application File No. 249-70
Mr. Angus,Loucks, Agent,
R.R. 42;
Orono, Ontario,
Durham Farmers County
Co-operative, Owner,
Orono, Ontario,
Township of Clarke,
Submission No. "A" 249-70-18
Application was made for exemption or partial exemption from
provisions of Subdivision Control By -Law 1592, with amendments
thereto, so as to permit the variance from the rec_uired set back
from 93' to 53' to add to present building.
Mr. Angus Loucks, manager of Durham Farmers County Co -Operative,
as agent for the applicant appeared in support' of this appficat`ion.
No other person appeared in support of, or in op;;osition to this
application.
The Secretary reported that 16 notices of the said hearing
had been mailed in accordance with Item 4 of The Rules of Procedure.
Mr. E.F.R. Osborne, member of the Committee of .adjustment
stated that he was a shareholderin the Durham Farmers County
Co-operative and, therefore, wished to withdraw from any consideration
by the Committee of the merits of the case. This request was
granted and the Chairman, E.R. Lovekin.and member K. Schoenmaker
considered the application.
The Secretary -Treasurer presented the following material to
the meeting:
(1) A photostat copy of a portion of a Plan of Survey
showing the dimensions of the subject land to be
262.20' x 203.80' x.730.72' annotated "(Gov. Brg.)
"inst. No. 3585" ;
(2) A pencil sketch of the Proposed addition;
Mr_. Angus Loucks was then sworn and stated that this application
is for ermiasion to add an extension to the g.
� P- present buildin
c
Page 6
Meeting of Committee of .'adjustment June 1, 1970;
The Committee noted that the closeness to the travelled road
in this case was not bein reduced, as the proposed extension
ran parallel to the access road and was an extension of an exist-
ing building. This particular addition will be an enlargement of
that hart of the building used as a retail outlet.
The Committee also n;ted that the zoning of the property is
Highway Commercial (HC) under Section 7 of the by-law and that
areas available for parking were adequate.
The Committee being familiar with the property they dispensed
with any visit to -the property.
On motion by K. Schoenmaker and seconded by E.R. Lovekin this
application was granted with the proviso that the applicant
shall register on title by way of deposit a copy of this decision
and shall forthwith thereafter forward to the Secretary of the
Committee a duplicate Certificate of Deposit or a Notarial Copy
thereof. 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
following the Secretary being provided with the aforesaid document.
CLASSIFI :D Section 7 (HC) ,1q.V.,,
application File No. 250-70
W. K. Lycett B.A., agent,
Barrister & Solicitor,
Orono, Ontario,
Carl Kimmett and
Mary Lynn Kimmett,
Orono, Ontario,
for part of Lot 31, Con V,
Township of Clarke,
Submission No.
Application was made for exemption or partial exemption from
provisions of sub -division control by-law No. 1592 and amendments
thereto so as to permit the separation of a parcel of land a, -proximately
1001x50' or 1001x150' in area from the applicant's land. p
The Secretary reported that 12 notices of the said hearing had
been mailed in accordance with Item 4 of The Rules of Procedure.
No person appeared in support of, or in'opposition to this
application.
The Secretary -Treasurer presented the following material to
the meeting:
(1) Correspondence from.i. Kay Lycett B.A., Barrister &
Solicitor, Orono, Ont rio, dated iiay 21, 1970, as
follows: "In respect of the above noted application
now filed, this will advise that the severance applied
for herein is to correct a previous error in a deed
taken in the name of Cowan dated December 72 1967
which called for a depth of 200' rather than 150'
as consented to in the application respecting the lands
in question made by Mr. Cowan. In the present application
I•ir. Y.immett is applying to sever the back 50 feet in
order to correct the previous error.
The Committee noted that the former applicction menticned
in Mr. Lycett's letter refers to Submission No. "B"93-67-771
applicant Robert Allison Cowan, date of consent
November 27, 1967;
(2) Photostat copy of Plan of Survey showing the subject land;
The Secret_.ry reported that Mr. Lycett, agent for the applicant
requested by telephone that tris applic-tion be adjourned until
further notice.
CLASSIFIC.:=ON 10 "r." "p'l
Page 7
Meeting of Committee of adjustment June 1, 1970;
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."B" 135-68-207,
,s business arising from past minutes this application was
brought forward for further consideration.
Mr: Robert Ross Boyd appeared in support of this application.
No other person appeared in support of,or in opposition to
this application.
The Committee investigatedthe title in this matter as the
applicant's case depended on whether or not there was documentary
evidence of a pre-existing instrument duly registered.
The search of the records in the Registry Office, BowmanviLle,
Ontario, on May1l, 1970 revealed the following:
(a) By instrument ;#N4343, dated 20th June 1957 and
registered 3 September 1957, Joseph George Stephenson
granted lands to Ross Boyd and Margaret Grace Boyd,
as joint tenants;
(b) By instrument ;#4604 registered 8 October 1957,
mortgaged a lot 1001x150' to one Langman, which
mortgage was drawn by Messrs. Strike & Strike,
Barristers & Solicitors of Bowmanville,.Ontario.
This mortgage has been discharged. The aforesaid
mortgage was places: on the westerly 100' with
description excepting the 10' (northerly) required
for Highway purposes as shown on Notice of Expropo.ation
#905;
(c) By instrument 4N31055 dated 28th September, 1966
registered 30th September 1966 mortgaged the
easterly lot to one --Melvin Graham, this description
also excepted the 10' (northerly) required for
Highway purposes as shown on Notice of Expropriation
#905; ,.
r
The Committee refer1red to the minutes of. meetings Ju -1y 8,
July 15 and :'august 9.2, 1968. This application was adjourned
sine die on august 12, 1968 awaiting the approval by the
Ontario Municipal Board of Eoninq by -low 41392. The approval
of the Onterio Municipal Board was given on or about 9th March;
1970 and -this application was'then brought forward for further
consideraticn at meetings held on April 69 1970 and May 11,
1970;
The Committee also recalled their inspection of the property
on June 29,=1968 and after a lengthy discussion concluded:
(1) cThe documentary evidence revealed by the search
.on title clearly established these lots were
registered in the year 1957;
c
(2)c-ecepted -ir.` Boyd's evidence that he always considered
these lots separate as evidenced by the fact that mortgages had
been -registered on each lot;
1 -
�_ (3) Mr. Boyd also submitted that, the mortgage to Graham
in�1966 put an instrument on title before the passing
of by-law 1592 with amendments thereto. This mortgage
has not been discharged; t I o
:application granted on motion by K. Schoenmaker, seconded by
F.R. Osborne. Carried, The Committee hereby authorize the
appropriate administrative officials of the Township of Clarke to
iasue-any and all necessary permits or to t_ke any steps necessary
to imple;nent this decision.
CLASSIF- TI -N nRn