HomeMy WebLinkAbout12/20/1969Page 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.
- 2 -
December 20, 1969.
The Committee were of the opinion that this application
would conform to the provisions of By -Latin 1653, a By -Law to
amend By -Law 1592, Appendix 1, Section (1) Subsection (b)
wherein the lot area required is a minimum of 40 acres.
The Secretary was instructed to request Idr. Lycett to
complete his application by submitting a proper Plan of Survey,
in duplicate, by an Ontario Land Surveyor.
This application was adjourned awaiting the submission of
a Plan of Survey.
CLASSIFIED "E"
Application File No. 224-69
No. 225-69
1
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 1,
Police Village of Orono,
Lot 29, Concession V,
Township. of Clarke,
Submission No. B" 224-69
Submission No. H_." 225-69
As a matter of record the Committee visited the subject
property on Saturday, December 20, 1969. No one was home at the
Bowins' residence. The Committee viewed the area and the neighbour
to the West permitted the Committee to cross his property to check
the whole area, particularly the creek bed.
In viewing the property, the Committee made reference to the
Plan of Survey prepared by M.D. Brown, OLS., Bowmanville, Ontario,
dated November 28, 19662 ;466139 and all references are to this Plan.
The property is bounded on the north by Princess Street and
on the east by Main Street. Princess Street gives access to
Government of Ontario property, namely, Department of Lands and
Forests Offices and Sheds and surrounding parkland and also to the
Township and Police Village Municipal Park and Swimming Pool which
latter installation is to the southwest of the property in question.
The survey provided indicates the area situation perfectly,
but since it did not show contour lines;'viewing the property, the
problem in regard to elevations became immediately apparent.There
is a total change of level of about 25' to 30' east to west on the
subject property; the east side being the high side. The property
falls away sharply commencing at the edge of the road shoulder.
In the north-west corner of the property a water course is
shown on the survey submitted with the application. There is a
cement culvert under Princess Street about 7' wide and about 4' in
height which would indicate that, at times, a substantial flow of
water comes under this road and through the property.
Several storm drains are fed into a gully to the north
and east of the subject property which would also indicate that,
at times, a sabstantial-flow of water could come through here.
This stream`eventuilly flows into vJilmott's Creek (previously
referred to as Baldwin's'Creek) '.:hich creek cont_iins a substantial
fidh population and is free of any substantial pollution. The ecology
of this stream is very conducive to fish breeding or spawning as
attested to in'an article published in The Toronto Star deekly
3
December 20, 1969.
and headed "The jecret Life of ?Jilmots Creek" wherein actual
colour photographs of the fish were shown. From their own
personal knowledge all the Committee Members know the condition
of this.creek and take judicial notice of tris fact.
The Township of Clarke By -Law 1592 as amended by By -Law
1653 does not permit construction of a residence within 1001of
a stream (ref. Section 3 - General Provisions, sub.sec.8) and
this provision appears to the Committee to -be relevant in this case.
Many hundreds of yards of fill have obviously recently,
been dumped in the north-west corner of the property which would
lead one to believe that a residence is proposed to be constructed
in this area which would be too close to the stream shown on the
Plan.
This Committee of :adjustment has no desire whatsoever to
become involved directly in a Planning role. The future use of
• this land, however, is clearly associated with 3 questions that would
be of possible interest and concern to the Police Truptees of
Orono; The Clarke Township rlanning Board; the Road Superintendent
of Clarke Township and Council of Clarke Township. It would be fool-
ish for this Committee to dispose of this application and then have
an appeal by one of these parties or the applicant launched on the
basis of some of these factors.
In order to render a decision based on all the factors
involved, the Committee request that they be supplied with written
or oral information clarifying the following matters:
(1) Has the question of the possible pollution of
the watercourse by house construction been
considered mainly in regard to the location
of a septic tank and tile bed;
(2) Has the question of th locc,tion of any future
sewers been considered Sewers on slain Street
would probably,be above a house built on the
east side of this lot. Do any projected engineer-
ing surveys give this information?
(3) Are there any plans for the intersection of
Princess and main Streets? Princess Street
intersects I -lain Street at a very high Qradient
and a change;in the "ramp"of Princess Street
or acceleration and deceleration stops adjacent
to Main Street appear advisable.r any such
changes anticipated?
(4) The preservation of an adequate sight line from
the Princess and Main Street intersection
appears essential. Visual inspection indicates
that the applicant built his present home at or
on;the edgeeof the street allowance with no set
pack whatsoever. Does this, comply with require-
ment* in the Village of Orono?
l`1hile no application is made for a lot in the north-east corner
of the subject lands, the survey indicated such a lot and the
applicant's intentions in this matter should be clarified. Perhaps
the applicant is awaiting decisions on set back, lot line, and
pollution from other authorities.
In the event that the applicant wished an immediate decision
December 20, 1969.
the Committee would refuse this application on the grounds that it
appears impossible to locate a house on the proposed lots that
would comply with set backs from adjacent roads and streams. If
evidence can be led to refute this viewpoint, the Committee are
prepared to consider such submissions and the Committee hereby
instruct the Secretary to send a copy of these minutes to:
(1) The applicant's agent, eu. Kay Lycett B.A.,
Orono, Ontario, for his consideration;
(2) The Clerk of the Township of Clarke, Mr. H. DeWith;
(3) Mr. M. moss, Road Superindendent of the
,Township of Clarke;
(4) Mr. A. Low, Secretary, Planning Board of the
Township of Clarke;
(5) Nr. E.R. Woodyard, Secretary, The Police Trustees
of the Village of Orono, Ontario.
This application is to be on the agenda for the next meeting
of the Committee of Adjustment to be held on Wednesday, January 14,
1970.
CLASSIFICATIGN
CLASSIFICATIO;1 "P"
Secretary-Treasfirer
M:=ING
of the
COMMITTEE OF ADJUSTi-IENT
Wednesday, January 14, 1970
at 7:00 p.m.
Council Chamber
Present: E.R. Lovekin, Chairman,
K. Schoenmaker, Member,
E.F.R. Osborne, Member,
Mrs. Ellen M. Yeo, Secretary -Treasurer,
3rthur Low, Secretary, Planning Board
The minutes of meeting November 24, 1969 and visitation
of December 20, 1969 were approved as read on motion by K.
Schoenmaker and seconded by E.F.R. Osborne. Carried.
Application File No. 125-68 Messrs. Marks and McNeely,
Barristers & Solicitors,
17 King Street E.,
Oshawa, Ontario,
Kenneth C. Rogers,
Elinor Rogers,
274 Elizabeth Street,
Oshawa, Ontario,
for part of Lot 30, Con. V1,
Township of Clarke,
Submission No."B"125-68-195
As business arising from meetings of July 8 and August 12,
1968, this application was presented for further consideration.
Mr. and Mrs. Kenneth C. Rogers, the applicants appeared in
support of this application. No other person appeared in support
of,,or in opposition to this application.
Agent,
Owners ,