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HomeMy WebLinkAbout11/24/1969MEETING of the COMMITTEE OF ADJUSTMENT Monday, November 24, 1969 Present: E.R. Lovekin, K. Schoenmaker, E.F.R. Osborne, Mrs. Ellen M. Yeo, Horace R. Best, Arthur Low, M.D. Brown at 7:00 p.m. Council Chamber Chairman, Member, Member, Secretary -Treasurer, Zoning Administrator, Secretary, Planning Board Ontario Land Surveyor, 1106 The minutes of meeting October 27, 1969 were approved as read on motion by K. Schoenmaker and seconded by E.F.R. Osborne. Carried. The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from Ontario I-Iunicipal Board, 145 Queen Street W., Toronto, dated November 18, 1969 with duplicate original of the Order of the Board attached, in connection with an appeal by George Lumley against a decision of the Committee of :adjustment, Application No. 173-69. The dommittee noted the contents thereof and this matter was filed. (2) Correspondence from The Ontario Municipal Board, 145 Queen Street W., TorojR&pt dated November 21, 1969 with attached appoint for hearing regarding Sunnydene Estates Limited, Sub. ?:os. B141-68-130 & B142-68-131, said hearing to be on Tuesday, the 9th day of December, 1969, at the hour of eleven o'clock in the forenoon. The Committee noted the contents thereof and instructed the Secretary to keep these files with the current files until this matter has been finalized. Application File No. 210-69 Application File No. 211-69 Edward R. Woodyard, Agent, Orono, Ontario, Miss Helena J. Waddell, Owners, Miss Catherine A. "suaddell, Orono, Ontario, for part of Lot 29, Con V, Police Village of Orono, Township.of Clarke, Submission No. "B" 210-69-190 Submission No. "B" 211-69-191 As business arising from minutes of past meetings, these applications were presented for further consideration. Mr. Edward R. Woodyard, agent for the applicants appeared in support of this application. Mr. Horace R. Best, Zoning :administrator and Mr. Arthur Low, Secretary, Planning Board appeared as observers. No other person appeared in support of, or in opposition to this application. Mr. Woodyard as agent for the applicants presented the following material to the meeting: (1) A Plan of Survey prepared by M.D. Brown OLS, 1106, Bowmanville, Ontario, dated November 20, 1969 and numbered 69169 with legal description attached; Page 2 Meeting Committee of Adjustment November 24, 1969; (2) A photostat copy of Resolution No. 69-72 from the Trustees of the Police Village of Orono, as follows: "Moved by E. Woodyard, Seconded by Floyd Nicholson BE IT HEREBY RESOLVED that we, the Trustees of the Police Village of Orono make application to Ontario Water Resources for a permit to extend water mains west approximately 300`feet on the Fifth Line from Main Street. Carried: D. Simpson" The Committee: (1) Referred to minutes of meetings September 13, October 1, October 27, 1969; (2) Recalled their inspection of the property on Friday September 26, 1969;; (3) Perused the Plan of Survey presented; (4) Recalled that at their meeting of October 1, 1969 they indicated "there will be no buildings erected until after the present road is widened and made safer for traffic"; (5) The Committee informed Mr. Woodyard that they would instruct the Building Inspector for the Township of Clarke, Mr. Horace Best, that by agreement and with consent no building permit was to be issued on.this property until Mr. Merrill Ross, Road Superintendent of the Township of Clarke had assured the Building Inspector that the roads were satisfactory in his opinion; (6) The Committee require as a condition to this consent to sever that any deeds prepared for the conveyance of these lands must include the acknowledgement that the applicants are aware that building permits will not issue until the road is'improved, unless prior to such deeds being presented for approval a written statement is filed with the Committee from the Road Superintendent of the Township of Clarke stating that the road has been improved to a condition acceptable to him as concerns vision, grade, width and surfacing. These applicationsgranted on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. CL,;SSIFICi.TION "A" Application File No. 223-69 W. Kay Lycett B.A., agent, Barrister & Solicitor, Orono, Ontario, Gordon Sturrock, Owners, Howard Sturrock, 210 Scugog, Bowmanville, Ont., 60 Prospect Street, Bowmanville, Ontario. for part of Lots 3,4,5, Block "T", Police Village of Orono, Lot 28, Con V. Township of Clarke, Submission No. "A" 223-69-8 Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law 1592, with amendments thereto so as to permit a minor variance of the required frontage for a building lot from 751 to 60.4' with a depth of 132' and having an area of approximately 8157.1 square feet. The Secretary reported that 22 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Howard Sturrock, one of the applicants, accompanied by his agent W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario appeared in support of this application. Mr. Horace R. Best, Zoning Administrator and Mr. Arthur Low, Secretary, clannirig'Board appeared as observers. No other person appeared in sup,_,ort of, or in opposition to this application. Page 3 Meeting Committee of Adjustment November 24, 1969; The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated November 5, 1969, The Committee noted the contents thereof; (2) A photostat copy of a sketch of survey as per a registered Hanning Plan of Orono, with description of the subject land attached; said survey dated December, 1955; The Committee referred to the minutes of meeting October 27, 1969 at which time a severance was granted to the former owners of this property (ref. File No. 216-69 Charles Vertal Wilson and Hattie May Wilson) and particularly noted the following: (1) This is an application by the proposed purchasers for a minor variance of the required frontage of 75' under the present zoning by-law 1653, amending by-law to 1592,to that of 60.4 feet in respect of the same lot; (2) The area is larger by approximately 657 square feet than the minimum required area of 7500 square feet; (3) The subject land backs on'a school yard which has a larger open area; (4) To the east of the subject land is a flood plain which also has a large area and will probably remain as greenbelt or open space in a future plan; (5) The applicant stated that the house he proposes to build will have the required sideyard clearances; In regard to the definition of what constitutes a minor variance the Committee, referred to a Decision in The Municipal World, April 1969, "John Pfeffer and the Committee of .adjustment of the Borough of North York, O.E.B. P7673-68 19th February, 1969 - "If you define a minor variance mathematically you must inevitably reach the same conclusion as the Committee of :adjustment that this is a major and not a minor variance. "In the Board's view however there is a good deal to be said in a case such as the present to look at the overall picture and consider'whether, if the variance is granted' the general intent and purpose of the by-law would be maintained." Based on the above facts this application was granted on motion by K. Schoenmaker. Seconded by E.F.R. Osborne. Carried. CLASSIFICATION "P" Application File No. 222-69 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Harry A. Kuehn, Owners, Christa H. Kuehn, R.R. #1 Newtonville, Ontario, for part of Lot 6, Con 11, Township of Clarke, Submission No."B" 222-69-196 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 660'x29640' being approximately 40 acres in area from the applicants' land. The Secretary reported that 22 notices of the said hearing had been mailed in accordance with Item 4 0£ The Rules of Procedure. Mr. Harry A. Kuehn the applicant accompanied by his agent bJ. Kay Lycett B.A., Barri'ster,& Solicitor, Orono, Ontario, appeared in support of this application. Mr. Horace R. Best, Zoning Administrator and Mr. Arthur Low, Secretary, Planning Board, appeared as observers. No other person appeared in support of,' or in opposition to this appli'ca'tion. Page 4 Meeting Committee of Adjustment November 24, 1969; The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from W. Kay Lycett-B.A., Barrister & Solicitor, Orono, Ontario, dated October 28, 1969. The Committee noted the contents thereof; I=Ir. Lycett on behalf o£ -the applicant made the following submissions: (1) Mr. and Mrs. Kuehn own approximately 100 acres of farm property and wish to sever 40 acres from the 100 acre parcel; (2) The most northerly 24 acres, more or less, is bush land and of no particular agricultural use to them; (3) The new amending By-law 1653 provides for a minimum area of 40 acres in respect of agricultural holdings and Mr. and Mrs. Kuehn are applying for the severance of the 40 acres rather than the 24 acres which is actually the property they wish to dispose of; (4) Mr. and I,Irs. Kuehn purchased this property approximately 21 years ago. They conduct a small• farming operation by raising rabbits and laying hens and gross approximately $5,000.00 annually; The Committee considered the facts presented and this application was adjourned to enable the Committee to visit the property. CLASSIrICATION "E" Application File No. 224-69 Application File No. 225-69 -W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, William John Lorenzo Bowins Jennie Lily Bowins, Owners, Orono, Ontario. for part of Lot 3 & whole of Lots 1 & 2 Block I, Police Village of Orono, Lot 29, Concession V, Township of Clarke, Submission No. "B" 224 -69 - Submission No. "A" 225 -69 - 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 65' x 157.80' being approximately 10257 square feet in area from the applicants' land. The Secretary reported that 18 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law 1592, with amendments thereto so as to permit a minor variance of the required frontage for a building lot from 75' to 65' with a depth of 157.80' and having an area of 1.0257 square feet. The Secretary reported that 18 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) Correspondence from W. Kay Lycett B.A., Barrister and Solicitor, Orono, Ontario, dated November 6,1969. The Committee noted the contents thereof; (2) A photostat copy of a Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated November 28, 1966 and numbered 66139; Page 5 Meeting Committee of P.djustment November 24, 1969; The Committee noted that two applications had been submitted by Mr. Bowins: (1) Application "B" 224-69 for a severance; (2) Application "A" 225-69 for a minor variance on the proposed severance. The Committee, with the approval of the Agent for the Applicants stated that they would apply the evidence submitted with the first application to the second application. Mr. William J.L. Bowins, the applicant accompanied by his agent W. Kay Lycett B.A., Barrister & Solicitor, appeared in support of these applications. Mr. Horace R. Best, Zoning Administrator and Mr. Arthur Low, Secretary, Planning Board, appeared as observers. No other person appeared in support of, or in opposition to this application. Mr. W. Kay Lycett B.A., made the following submissions: (1) Mr. and Pars. Bowins own all the land in lots 1 & 2 and part of 3 as shown on the Hanning Plan, Village of Orono. (2) Mr. Bowins has erected a house at the south east corner of lot 2 as shown on the Plan of Survey. (3) Implication "B" 224-69 is an application for a severance of the more westerly lot outlined in red on the plan of survey; (4) Application "A" 225-69 is an application for a minor variance on the more westerly lot outlined in red on the plan of survey; (5) The right-of-way east and west, shown on the plan of survey has been replaced by the north - south right of way, also shown on the plan of survey, said north - south right-of-way gives access to the septic tank on neighboring land for clean out purposes. Mr. Bowins stated that he had purchased the property early in 19667 and according to the existing by-law at that time was approved by the Department of Health for tile beds. There are also three water main connections to the properties. The Committee considered the facts presented and this application was adjourned to enable the Committee to visit the property. CLASSIFICr:TION "A" CLASSIFICATIUN "P" The following applications were also presented for consideration:. Application File 212-69 Application File 215-69 Application File 219-69 Application File 226-69 Milton Staples Delbert J. Hallowell Sam Buma John Bouwmeester The Committee not having completed this work by 12:30 a.m., the meeting was adjourned until later in the day to re -assemble at 6:30 p.m. The meeting of the Committee of .adjustment re -convened at 6:30 p.m. on November 25, 1969 in the Council Chamber with the following members present: E.R. Lovekin Chairman, K.`Schoenmaker Member, E.F.R. Osborne Member, Mrs. Ellen M. Yeo Secretary -Treasurer Page 6 Meeting Committee of adjustment November 24, 1969; Application File Ido. 212-69 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Milton W. Staples, Owner, R.R. 42, Orono, Ontario, for part of Lot 29, Con V, Police Village of Orono, and Township of Clarke, Submissicn No. "B" 212-69-192 As business arising from minutes of past meetings this application was brought forward for further consideration. W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, as agent for the applicant and Nr. Jan Ochonski the proposed purchaser appeared in support of this application. The following persons also appeared: Hr. Horace R. Best, an abutting owner, I•Ir. Arthur Low, Secretary, Planning Board, Mr. Merrill Brown, Ontario Land Surveyor, No other person appeared in support of, or in opposition to this application. The Committee, in this case, have heard hours of argument concerning this application. The adjoining land owner, Mr. Horace Best pointed out that a water course from his land flowed through lots shown on the Plan dated December 23, 1966; Mr. Best further stated that the existing water course crossed a building lot 44 as shown on a Plan of Survey #66148 "All prepared by I-I.D. Brown OLS, Bowmanville, Ontario, and this was in contravention of section 3.8 of amending by-law 1653. He also referred to by-law #1639 of the Township of Clarke being a by-law for prohibiting the obstruction of any drain or water course within the Townshi; of Clarke. Mr. Arthur Low, Secretary, Planning Board verified that Plan 66148A had been approved by the local Planning Board and also by the Department of Municipal Affairs, but would be subject to review when the subdivision"agreement was signed. Mr. Brown confirmed on Plan 66148A the existence of the water course as shown on a previous survey #66148; The Committee were concerned lest they grant a severance which would be clearly at variance with a sensible overall scheme for the area. After a lengthy discussion the Committee referred to the minutes of meetings: September 131 October 12 October 82 October 27, 1969; recalled their inspection of the property on September 262 1969; perused 5 Plans of Surveys (ref, minutes October 27,1969) and concluded thatthere was no valid reason to refuse the severance and planning requirements in the area were assisted by the provision of an East-West axis road. Application granted on motion by K. Schoenmaker. Seconded by E.F.,t.,Osborne. Carried. e CLASSIFIZ,D "H" Application File No. 215-69 Delbert J. Hallowell, Owner, 26a Triller Avenue, Toronto, Ontario, for part of Lot 9, Con 1V, Township of Clarke, Submission No. "B" 215-69-193 former As business arising from minutes of/meetings this application was brought forward for further consideration. Page 7 Meeting Committee of Adjustment November 24, 1969; Mr. Delbert J. Hallowell, the applicant, -accompanied by his son-in-law Mr. James Redford, 2117 6lestfield Dr., Mississauga, Ontario, the,proposed,purchaser appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr. Horace R. Best, Zoning Administrator and Mr. Arthur Low, Secretary, Planning Board, appeared as observers. The applicant purchased approximately 35 acres of land about 17 years ago and has spent this time in working the land and bringing it up to a high state of cultivation in his spare time, commuting to the property from his urban home. As indicated in the Plan of Survey submitted to the Committee, a small frame dwelling existed on the premises for purposes of his accommodation during the summer holidays and week -end visits. He obtained a building permit on August 3, 1967, #5767 and con- structed a modern 2 bedroom house on the premises. As he is con- structing this mainly himself it is not yet completed but is ob- viously a building of quite satisfactory standards. This means that he will have on the property two existing dwellings; one of an acceptable standard and the one of a sub -standard type of con- struction. If the application herein was phrased'in such a manner as to include one dwelling house on a separate parcel of land, special consideration might be given to such an application in view of the fact that the number of housing units on the land would not be increased or decreased by such a severance. The application proposed is not so cast and the location of the buildings probably makes this impossible. ° The applicant obviously is not presently a bona fide farmer with- in the meaning of By-law 1592 as amended by By-law 1653 in that his major source of income is not derived from farming. The Committee can see no justification in granting the application in its present form as a completely separate lot on which no building exists would be created and since the land is in an agricultural zone it would appear that no building permit could issue on the 15 acre new parcel which would be created. The Committee: (1) Referred to the minutes of and October 27, 1969; (2) Recalled their inspection Saturday October 25, 1969; meetings of October 1, of the property on and on the facts alleged and in view of present by-law requirements, the Committee could not see that a case for severance had been made out. Application refused on motion by E.F.R. Osborne. Seconded by K. Schoenmaker. Carried. CLASSIFICATION "E" Application File No. 219-69 Messrs. Strike & Strike, Agent, Barristers & Solicitors, Bowmanville, Ontario, Sam Buma, R.R. #4,Bowmanville, Ontario, for part of Lot 35, Con 1V, Township of Clarke, Submission No. "B"219-69-194 As business arising from minutes of meeting October 27, 1969, this application was brought forward for further consideration. Page 8 Meeting Committee of Adjutment November 247 1969; Mr. Sam Buma the applicant accompanied by his agent M.B. Kelly, B. Comm. LL.B., Barrister & Solicitor of the firm of Messrs. Strike & Strike appeared in support of this application. The following persons also appeared: Mr. G'.Var. Zpk�, representing John DeNith Beal Estate, Bowmanville, Ontllrio, appeared on behalf of a proposed purchaser; Mr. Horace Best Zoning Administrator and Mr. Arthur Low Secretary Planning Board appeared as observers. No other person appeared in support of, or in opposition to this application. The Committee find as a fact that the applicant, Mr. Sam Buma is a bona fide farmer in the area and he has been engaged over the past few years in dairy farming, the selling of cattle and allied agricultural pursuits since he emigrated from Holland some years ago. His application is not for the retention of a lot as a retiring farmer for whom By-law 1592 as amended by By-law 1653 'sets out a pecific exception. This particular application is apparently based on the fact that Mr. Buma wishes to sever approximately ZO acres from his farm because this 20 acre parcel is unsuitable for him,as cattle pasturing there have, in the past, taken sick and died. Dr. John bJerry, "Veterinarian, Bowmanville, Ontario, who examined these cattle, died suddenly of a heart attack about a year ;:go in Bowmanville and is, therefore, unavailable for comment on the exact cause of death of these cattle`. If this application were cast in the form of an application by a farmer about to retire, and wishing to retain a lot, it is" the opinion of the Committee that Mr. Buma might qualify for such a severance. The application here is, however, not cast in this manner nor are the necessary allegations to support such an application made herein. The Committee were also concerned as to the future use of the proj�erty proposed to be severed. It would not be large enough to qualify as a farm on`which a building permit could issue in the agricultural zone under present By-laws. In the absence of evidence as to the future use of these lands the Committee hesitated to create a severance which would be sterile land from a land use viewpoint. No positive evidence was tendered to show what future use the proposed severed land would be put to. The Committee pointed out to Mr. Buma and his agent that the material requested by them at their meeting on October 27, 1969 had not been provided in the form requested;apparently this•wontd be costly and verbalevidence regarding the death of cattle was given and accepted. Mr. Kelly presented the following material to the meeting: (1) A Plan of Survey, prepared by H.D. Brown, OLS,1106, Bowmanville, Ontario, dated November 4, 1969,annotated "Surveyor's Certificate: The Committee perused the Surveyor's Certificate and upon a full consideration of the case as submitted were of the opinion that the fact that the applicant had a problem with this land was not an automatic reason why the "problem land" should be severed for someone else to worry about and for a purpose left undefined. " The Committee were unable to see that the applicant has made out a case for a severance and this application was refused on motion by K. Schoenmaker. Seconded by E.R. Lovekin. Carried. CLASSIFICATION "E" Page 9 Meeting Committee of .tidjustment November 24, 1969; Application File No. "A" 226-69 Parkhill & Yanch, Agent, Barristers & Solicitors, - 8 Simcoe St. S., Oshawa, Ontario, John Bouwmeester, Owner, 154 Annis Street, Oshawa, Ontario, for part of Lot 30, Con 1V, Township of Clarke, Submission No. "A"226-69-9 Application was made for exemption or partial exemption from provisions of Subdivision Control By-law 1592, with amendments tHeretQ so as to permit a minor variance to authorize reduction of side yards from 25 feet, as rec;uired by amending by-law 1653 to side yards of 16 feet 11 inches to permit construction of residence with attached garage. The Secretary reported that 17 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. and Mrs. John Bouwmeester the applicants, accompanied by Mrs. Bouwmeester's brother Mr. Harry Bouwhuis of Oshawa, Ontario, appeared in support of this application. Mr. Horace Best, Zoning Administrator and Mr. Arthur Low, Secretary, Planning Board appeared as observers. 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 abutting owners, Mr. and Mrs. Douglas McIlwain, R.R. 41, Orono, Ontario, dated November 11, 1969. The Committee noted the contents thereof wherein Mr. and Mrs, •icIlwain had no objection to the construction of a home by Mr. John Bouwmeester adjacent to and to the West of their property at a distance of no less than 16 feet 11 inches from their property line. (2) A photostat copy of a Plan of Survey prepared by I.I.D. Brown, OLS., Boc-manville, Ontario, dated January 4, 1968`, numbered 64090C. (3) A pen sketch showing the position of the proposed dwelling on the subject land. The Committee noted that the application was incorrect, in that the side yards were shown to be 20' rather than 25' as required by amending By-law 1653 to by-law 1592. Mr. Bouwmeester made a motion that the application form"be amended to read 25' and this was granted. The application form was annotated accordingly. Mr. Bouwmeester presented to the Committee for their perusal,.. House Plans drawn by D. Mcllwain, dated November 25, 1968. The Committee: - (1) This is an"application to build a house on an undersized lot which lot is deemed to be a lot of record under amending By-law 1653 and, therefore, eligible for a building permit. (2) The applicant is applying for a minor variance only 'becau"se`the width of the house with an attached garage reduces the side yards below minimum. (3) Referred to the correspondence received from abutting owners to the West of the pro erty, wherein they stated they had no objection to the proposed construction. To the East of the property farmlands are held in a fairly large acreage. The Committee were of the opinion that these facts would not justify a reduction in side yards requirements of the magnitude required here, Page 10 Meeting Committee of Adjustment November 24, 1969; namely from 25" to less than 171. Such a reduction is only necessary if the applicant insists on building a type of structure such as he proposes. In other words, refusal to reduce the side yard requirements does not prevent the construction of a house but only the construction of a type of house proposed by the applicant:which includes an attached garage. The By-laws of the Township of Clarke require side yards to be a minimum of 25' The Committee considered all the facts presented and were of the opinion that there does not appear to be any strong factor here which would justify the granting of this application. Application refused on motion by K. Schoenmaker. Seconded by E.F.R. Osborne. Carried. CLASSIFIED "P" General Business - A period of discussion was held at the close of the meeting at which time the Committee reviewed the following: Number of Applications received to date 63 Number of meetings to date 23 Number of properties visited 58 Moved by E.F.R. Osborne and seconded by K. Schoenmaker that due to the extra meetings; time involved in visiting properties and in drafting decisions; consultations etc., the members receive an additional fee of $50.00 each. Carried. The Secretary was requested to requisition Council for a cheque in the amount of $150.00 for this purpose. Moved by K. Schoenmaker and seconded by E.F.R. Osborne that 4 ring binders, size 812 x 14 be provided for the members and the Secretary,to hold by-lawsto be kept up to date for ready reference. Carried. The Secretary was requested to purchase the said binders - Meeting adjourned at 11:30 p.m. Secretary-Treasur December 20, 1969 The Committee visited the following properties on Saturday, December 20, 1969: Application File'No. 222-69 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Harry "'..Kuehn, Owners, Christa H. Kuehn, R.R. 01, !;_­­;t-ontiille, Ontario, for part of Lot 6, Con 11, Township of Clarke, Submission No."B"222_69_196 As-a•matter of record the Committee visited the property on Saturday December 20, 1969 at 1:00 p.m. No person was at home.