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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 ,