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HomeMy WebLinkAbout01/14/1970December 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 , Page 2 Meeting Committee, of I'djustment January 14, 1970;. 1=Ir.,Rogers stated that new houses had been built to the north and south of his property and he requested the Committee to come to a decision in order that he would know how to plan for the future use of this land. Nr. Rogers was asked if Messrs. Barks and McNeely, shown as agents on the application form were still acting for him -and he confirmed that B.G. Plc Neely B.A., was acting for�him: The Committee reviewed their former minutes on this application.; referred to their inspection of the property on June 29, 1968 and instructed the Secretary to notify Mr. McNeely the date of the next meeting and request that he make opal or written representations on behalf of his client at this time. Application adjourned until the next meeting. CLASSIFICATION "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" 21-5-69-193 As business arising from minutes of past meetings, the matter of an appeal in this case was considered. The Sec're�Eary-Treasurer presented the following material to the meeting: (1) A Notice of Appeal from •:J. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, on behalf of 1 -Ir. Delbert J. Hallowell, dated December 107 1969 and received by registered mail on December 11, 1969; (2) Correspondence from ,The Ontario Municipal Board, 123 Edward Street, Toronto 101, Ontario, dated December 22nd, 1969 requesting certified copies of Committee of Adjustment papers for file 215-69 in order to process the appeal. The Secrdtary reported that all the material pertaining to this file was mailed to The Ontario Municipal„Board on December 29,1969. The Committee instructed the Secretary to file this application pending official notification from The Ontario Municipal Board of a hearing date and their eventual final decision. CLASSIFICATION "E” Applications File 141-68 ` 142-68 Sunnydene Estates Ltd., Owner (In Trust) P.O. Box 141, Toronto -Dominion Centre, Toronto 1, Ontario, for part of Lots 9 & 10, Con V, Township of Clarke, Submission No. "B" 141-68-130 Submission No. "B" 142-68,131 These applications were brought forward for discussion. Mr. E.F.R. Osborne, member of the Committee of Adjustment reported that an appeal by Mr. Peter Caspari, President of Sunnydene Estates Ltd., against a decision dated November 4, 1963, of the Committee of Adjustment for the Township of Clarke w,s heard by The Ontario Municipal Board,`at the Council Chambers of the Township of Clarke on Tuesday, December 9, 1969 at 11:00 o,clogk in the forenoon. Page 3 Meeting Committee of ;'.djustment January 14, 1970; Mr. Peter Caspari accompanied by his Solicitor Albert, J. i•IcComiskey, Q.C., of Bowmanville, Ontario, appeared for Sunny- dene Estates. The following persons also attended: E. Richard Lovekin B.A. LL.B., Chairman,Committee of Adjustment Mr. E.F.R. Osborne, Member, Committee of adjustment Mr. Arthur Low, Secretary, Planning Board Mr. Horace Best, Zoning Administrator Mr. Richard Brennan, a former owner of the property Mr. Jack McKay, an abutting owner W.H.J: Thompson Q.C., member of the Ontario i4unicipal Board. conducted the hearing. Albert J. i-IcComiskey, Q.C., as agent for the appellant argued that the land, as zoned, had not reached its highest and best possible use. Mr. Thompson replied that in no way would this Board uphold an appeal against a decision of the Committee q,f Adjustment which was made`in accordance with the terms of a valid and existing land use by-law. Following further discussion, Albert J. I=icComiskey Q.C., on behalf of the appellant, requested that the hearing be adjourned sine die. This request was granted and the hearing so adjourned. CL SSIFICATIPN Application File No. 224-69 J. Kay Lycett B.A. Agent, No. 225-69 Barrister & Solicitor, Orono, Ontario, William.John Lorenzo Dowins, Jennie Lily Bowins, Owners, Orono, Ontario, for part of Lot 3 & whole of Lots 1 & 2 Block 1, Police Village of Orono, Lot 297 Concession 5, Township of Clarke, Submission No. "B" 224-69-207 Submission No. "A" 225-69- 24 As business arising from minutes of past meetings, these applications were presented for further consideration. I•Yr. William J.L. Bowins, the applicant accompnied by his agent W. Kay Lycett B.A., Barrister & Solicitor, appeared in support of these applications. Ido other person appeared in support of, or in opposition to this application. The Committee proceeded to examine the sketch of survey prepared by M.D. Brown, OLS, Bowmanville, Ontario identified as survey plan 466139, dated 28th of November, 1966. Mr. Bowins, personally, indicated to the Committee the various topographical features as he knew them on the property and gave his reasons for submitting to the Committee -the applications in their present form. Pir. Bowins was asked if he would be prepared to amend his application if requirements of the by-law or other legal authority required such amendments and he stated without prejudice that he would-be prepared„to consider any suggestion made to him or his agent. Mr..Bowins and his agent Mr. Lycett stated that they would discuss the question of a set back from a water course or stream with the Ontario Land Surveyor, Mr. Merrill Brown and Mr. Schoenmaker pointed out that section 3.8 of amending by-law 1653 of the Township of Clarke states "in all zones the'erection of buildings or structures.for residential or commercial purposes shall be prohibited on land that is subject to flooding`or on land cohere by reason of its rocky, low-lying, marshy or unstable character, the cost of satisfactory waterworks, sewage, or drainage facilities is prohibitive. Page a Meeting Committee of _adjustment January 14, 1970; Nor shall any building or structure or appurtenance thereto (other than conservation or flood control projects) be installed within (1001) one hundred feet of any stream or river bank, or in the flood plain of any water course, as determined by an Ontario Land Surveyor." On the suggestion of the agent for PIr. Bowins, the application was adjourned to the next sitting of the Committee in order that T these matters may be considered and further evidence lead. The Committee noted that the Police Trustees for the Village of Orono were not represented, but they are to be given notice of the next meeting. Iir. Arthur Low, Secretary of the Planning Board was in attendance and heard the discussion on the application. I4r. Merrill Brown, OLS and Mr. I -i. Ross Road Superintendent, while not in attendance, had indicated by telephone their inability to attend the meeting and the Secretary was instructed to notify them of the date of the next meeting. These applications were adjourned until the next meeting. CLASSIFICATION "A" CL,,SSI:ICATION "P" Application File No. A227-69 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Joan Beverley Haynes, Owner, R.R. 417 Campbellcroft, Ontario, for part of Lot 7, Con. V1, Township of Clarke, ,Submission No. "A"°227769-10 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 to authorize reduction &f the requirement of 40 acres area to that of°10 acres for the issuance`of a building permit for the erection of a dwelling house upon the subject lands. il. Kay Lycett B.A,., Barrister & Solicitor, Orono, Ontario, asragent for the applicant appeared in support of this application. No other peison appeared in support of, or in opposition to this application-.- The pplication. The Secretary reported that 25 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 meetin.: (1) Correspondence from W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated December 3rd and December 12th, 1969. The Committee noted the contents thereof; The Committee referred to the minutes of meeting October 27, 1969, at which time a severance was granted to the former owner of the property Bertha Violet Little, mother of Joan Beverley Haynes (ref. File No. "B" 201-69-177) and particularly noted the following: (1) This is an application by Joan Beverley Haynes for a minor -variance from°the required area of 40 acres under the present zoning by-law 1653, an amending by-law to by-law 1592, to that of 10 acres in respect of the same lot; Page 5 Meeting Committee of Adjustment January 14, 1970; (2) Mr. Lycett submitted to the Committee that this application had been approved by the Committee of =adjustment on October 272 1969 and the decision was., mailed to the Department of Municipal Affairs on October 31, 1969. The Rules of Procedure require a waiting period of 14 days before a severance approved by the Committee can be registered. During this time an amending by-law 4-1653 requiring 40 acres in an -agricultural Zone before a building permit shall issue; was passed;by the Corporati(in of the Township of Clarke The Committee: (1) Perused a Plan of Survey prepared by I,i.D. Brown, OLS, Botvmanville, Ontario, dated October 1, 1969 and numbered 69140; (2) That the by-law so passed provided,that this 40 acre rule should not apply to lots of record which existed at the time the by-law was passed; (3) That the lot be approved as a building lot under by-law 1592 with amendments thereto, and Mr. Best Zoning Administrator empowered to issue a land use permit when requooted in respect of the minimum:; lot area. The Committee were of the opinion that as the application for severance was granted before the Township by-law was passed, this application for minor,variance,should be granted on this particular and rather narrow ground, subject to the restrictive clause to be contained in the-deed.�(ref. "B" 201-69-177, dated October 27, 1969) Application.. -granted on motion by K. Schoenmaker, seconded by E;F.R. Osborne. Carried. CLASSIFICATION "ET' Application File No. 228-69 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, ��illiam'Eliiott Reid, Owner, Orono, Ontario, for part of Lot 1, Con V111, Township of Clarke, Submission No. 228-69 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 a parcel of land approx- imately 16401x1320' being approximately 40 acres in area from the applicant's land. The Secretary reported that 17 notices of the said hearing had been mailed in accordance with'Item 4 of The Rules of Procedure. Er, 'In. E. Reid, the applicant, accompanied by his agent ';1. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, appeared in support of this application. 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 :i. Kay Lycett B.A., Barrister & Solicitoz, Orono, Ontario, dated December 29, 1§69. The Committee noted the contents thereof; Air. W. Kay Lycett B.A., made the following submissions: (1) Mr. Reid is presently the owner of approximately 86 acres and he wishes to sell off and convey the northerly forty acres of this holding since the Page 6 Meeting Committee of :idjustrnent January 14, 1970; subject lands are of very little use to him in conhection With his agricultural use of the property. The northerly 40 acres consists mainly of sandy soil and little or no farming use of the same can be made, whereas the southerly portion of his holding consists of cedar bush and itis his intention to retain this parcel in connection with the harvesting of cedar posts which will be used on his other farm holdings in this Township. - This application was adjourned to enable the Committee to inspect the property. CL:>SSIFICaTION ^E" General Buginess: (a) The Secretary -Treasurer presented the following material -to the meeting: (1), Correspgndence from H. De -lith, Clerk -Treasurer, dated January 12, 1970 with certified copy of resolution No. 16, dated January 6, 1970 requesting the Committee to submit in writing their budget or requirements for the year 1970. The following motion was made by E.F.R. Osborne and seconded by K. Schoenmaker that payments be made as follows: Semi-Anszually Total Chairman, E. Richard Lovekin, B.A. LL.B. $275.00 $550.00 Member, K. Schoenmaker, $250.00 $500.00 Member, E,F,r. Osborne, $250.00 $500.00 Set aside as a contingency fund for special opinions; consultation,fees; special supplies; $250.00 Total $1800.00 Carried. The salary of the Secretary -Treasurer was then reviewed and following a discussion the following motion was made by K. Schoenmaker and seconded by E.F.R. Osborne that this matter be adjourned awaiting,aedecision with regard to salaries for the office staff. Zb) The Secretary -Treasurer presented the following material to the meeting: (1) Correspondence from H. De4ith, Clerk -Treasurer, dated January 13, 1970 with attached photostat copy of by-law ;*1657. The Committee noted the contents Liereof and returned to the Secretary for filing. The committee discussed the existing classifications for decisions. The classifications being used to the first of January, 1970 were devised by the Committee before there was any land use J- by-law and has served the purpose to the present time. The Committee now feel that in the ir�teres4 of uniformity, classifications made in accordance with the existing land use by-law should now be adopted as of the first of January, 1970. I•loved by K cho-enmaker,, seconded by E.F,t., Osborne. Carried. Iie ting adjourned at 11:30 p.m. Secretary -Treasurer y -