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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