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HomeMy WebLinkAbout06/12/1967MEETING of t he COMMITTEE OF :0JUST�ENT for the TOIPNSHIP OF CLARKE Monday, June 12, 1967 at 8:00 p.m. Council Chamber, Orono. Present: E.R. Lovekin, Chairman K. Schoenmaker, Member Mrs. Ellen M. Yeo, Secretary -Treasurer The minutes of meetings of the Committee held on May 15 and May 18, 1967, were approved as read on motion by K. Schoenmaker, seconded by E.R. Lovekin. Carried. Application File No. 48-66 W. eay Lycett, Agent, Barrister & Solicitor, Orono, Ontario, Mr. & Mrs. Leslie G. Hopper, Owners, R. R. #1, Orono, Ontario, for part of Lot 29, Con IV, Township of Clarke, Submission No. As business arising from minutes of past meetings, this application was presented for further consideration. Mr. W. Kay Lycett B.A., Barrister and Solicitor at Orono, appeared on behalf of the applicants. No other person appeared in support of, or in opposition to, this application. The Secretary was requested to include in`the minutes of this meeting the following comments of the Committee; which were prepared at the time the said Committee visited the property on March 12th, 1967: "As business arising from minutes of meeting 4th March last, this application was presented for further consideration. The Secretary -Treasurer presented the following registered letter to the Committed.- (1) ommitted: (1) Mir. Sidney Hughes, Orono, Ontario, dated March 10, 1967. The Committee visited,tha site on Sunday March 12, 1967 at 9:00 a.m. Standing at the rear of the lot (the West side) and looking East at the paved road, the natural line of vision was over the' top of the telephone wires. Looking to the South, one looked down on the roof of the adjoining house. This house could be twice as high and it would not be at eye level. The snow was beginning to melt and there were indications that severe washing of top soil would develop in the Spring as the vegetation has been uprooted. The differential in heiht between the front and rear of the lot was estimated visually as nearly 401 in the length of the lot of 112+. There would have to be a set back deducted from this 1121 depth if a house were constructed. A well was located on the lot to the South, and a pumphouse and obviously larger well was located on the second lot to the south. The drainage from any septic tank installation on the proposed lot would be southerly down a very definite gradient towards the existing wells. Page 2 Meeting of Committee of Adjustment, June 12, 1967: While it would not be impossible to construct a dwelling on. the proposed lot, the topographical problems due to gradients.would be severe and proper engineering of the site would require very extensive work. The surface drainage problem is severe and one can only sur- mise that sub -surface drainage would be such as to present a very real danger of well pollution from the septic tank on the higher ground where the new lot is proposed. The lot would front on a road being approximately 180, more or less south of the Fifth Concession of the Police Village of Orono. To the north of the lot, the highway ascends a hill and curves to the left and vision is limited. This vision could be corrected by brushing the roadside. An entrance to a house used by slow moving traffic would constitute, at least, a minor traffic hazard as the line of visibility is limited and braking effectiveness for a car travelling south down the grade would be poor, particularly, under winter conditions. On the whole, the Committee were of the opinion that the objections raised to the proposed severance as discussed at the hearing on March 4th last, were justifiable and valid objections and upon viewing the -property the Committee noted the following facts: (1) The lot size is inadequate to properly locate any reasonable dwelling house, due to set back reauirements and lot gradients. (2) Excavations and altering of contours would encourage and accelerate soil erosion with possible land slides on to a public road or abutting dwellings. (3) An entrance to a house at this location would constitute, at least, a minor traffic hazard. (4) Pollution of abutting wells from any septic installation appeared likely. This matter was tabled at this time, with the approval of the Agent W. Kay Lycett B.A., Solicitor at Orono, in order that he may make any further representations he deemed advisable." The Secretary presented a letter dated June 6, 1967, received from 'V. Kay Lycett B.A., solicitor at Orono, which reads as follows: "My client now advises that he does not intend to make any further representation in respect of his application now pending before your Committee. There. is no further need to adjourn this matter to any later date and I sug'Uest that the Committee may make their final decision in the matter." 'there. being no further submission b- the applicants, this application was refused for the reasons stated above on motion by E.R. Lovekin, seconded by K. Schoenmak'er, Carried. In accordance with the minutes of meeting held March 4, 1967, the Secretary was requested to notify Mrs. Sidney hughes and Mr. J.L. Johnson, by letter, of this Committeets decision. Classification "A" Page 3 Meeting of Committee of Adjustment, June 12, 1967: Application File. No. 57-67 Garnet, B. Rickard, Owner, R. R. V4, Bowmanville, Ontario, for part of Lot 34, Con. II, Township of Clarke, Submission No. This application was discussed as business arising from past minutes. The Secretary stated that a letter had been mailed to Mr. Rickard notifying him of the meeting to be held on June 12th, 1907 at 8:00 p.m, and requesting that he attend. In view of the fact that Mr. Rickard did not attend the meeting, the Secretarr was requested to notify Mr. Rickard of the next meeting to be held on Monday, July 31sts again requesting that he attend in order that the Committee may dispose of his file at that time. Classification 'frit Application File No. 63-67 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Donald Gordon Henry Shirley Ann Henry Owners, for part of Lot 31, Con. VI, Township of Clarke, Submission Yo."e"G,g.d7-sy As business arising from minutes of past meetings, this application was presented for further consideration. Mr. 1i. Kay L,ycett B.A., Barrister & Solicitor at Orono, appeared in -support of this application. No other person appeared in support of, or in onnosition to, this application. The agent, presented a•draft proposal for the consideration of the Committee, in accordance with paragraph "311, being the penultimate of the Committeels:interim decision. Following a discussion, the agent ,was invited to prepare a formal submission in accordance with the discussion and present same to the Committee for a final decision. This application was ad.io>>rned until the next -meeting of the Committee to be held. on July 31st, 1967, at which time it will .receive further consideration. Classification "J" Application File No. 67-67. Thomas William Wilson, Owner, R. R. =12, Newcastle, Ontario, for part of Lot 21, Con. II, Township of Clarke, Submission No:8'67-47-Y6 Arplication was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1494 so as to permit the separation of a parcel of land approximately 200► x 2001 being approximately 0.92 acres in area from the applicantfs laTid. The Secretary reported that 25 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of procedure. Mr. Thomas William Wilson, the applicant, appeared in su_oport of this application. No other p@rson appeared in support of, or in opposition to, this application. Page 4 Meeting of Committee of'Adiustme$t, Tune 12, 1967: -The applicant, Mr. Thomas William Wilson is the purchaser of approximately 120 acres of land on which there is a complete set of farm buildings, including barn and house. This purchase is being made through The Director., Veterans Land Act and was arranged approximately in the year 1949. The aD7olicant's daughter, Mrs. Douglas Rahme, was married approximately seven years ago. Following the marriage, Mrs. Rahme reouested her father, Mr. T.W. Wilson, to give a building lot to herself and her husband. Mr. and Mrs. Rahme put a well on the roroperty in 1963 and also obtained a permit, to build a house. From time to time ivir. Wilsonts son-in-law works on this house, which is presently framed in. Mr. and Mrs. Rahme plan to complete the house during this summer. The Committee noted. that in repl7r to question 12.(c) on the Application Form retarding "seasonal wetness" the reply was "yes". Mr. Wilson was cnestioned about the size of the lot and in reply stated that the lot size was decided upon b7% the proposed purchaser, on the basis of personal preference only, and without reference to any special topographic reason. The Committeer.eouested that independent documentary evidence be filed with the Board, proving that a building permit had been granted before the passing of the by-law. This application was 'adjourned with the consent of the applicant to enable the Committee to inspect the property and the applicant to file proof of receipt of a building permit. Classification "K" Application File No. 68=67 W. hay lircett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Wellington Andrew Adams,Owner, R.R. f2, Newcastle, Ontario, for part of Lot 21, Con. III, Township of Clarke, Submission No. ',s' 6€-67-60 Application was made for exemption or martial exemption from provisions of Subdivision Control By -Law No. 1494 so as to permit the separation of a parcel of land approximately 200' x 600► being approximately 120,000 square feet in area from the applicant's land. The Secretary reported that 18 notices of the said hearing had' been mailed in accordance with Item 4 of The Rules of Procedure. 11r. ,Wellington Andrew Adams, accompanied by the agent Mr. T. hay Ly tett B.A., Solicitor at Orono, arpeared in support of the application. Also appearing in this matter were: Mrs. Keith Adams, daughter-in-law of hir. Wellington A. Adams; Mr. William Welsh, 312 Buena Vista Avenue, Oshawa, Ontario; and Nr. James Bryan, 53 Stone Street, Oshawa, Ontario, both representing the Union Rod ec Gun Club of Oshawa, Ontario, Messrs. Welsh and Bryan stated verbally that they had no objection to this application. No other person appeared in support of, or in opposition to this application. The Secretary presented the following- letter to the meeting: (1) W. Kay Lycett, B.A., Barrister Solicitor, Orono, Ontario, dated June 1,. 1967. . . . . . . . . . . . . . . Page 5 Meeting of Committee of Adjustment, June 12, 1967: Mr. W. Kay Lycett, the agent, was invited to make his representations to the Committee and pointed out;the following: (1) The parcel of -land we are dealing with fronts on the road to the .Fast with a dimension of approximately 555' and having a depth of approximately 166► fronting on a Township road running north and south from the third concession to the fourth concession, being approximately 92,130 square feet. (2) The house on the proposed severed lands is a former farmhouse, which has been occupied by the proposed Grantee since 1961: (3) This is a father to son proposed transaction for natural love and affection, with no other monetary consideration. (4) The frontage being granted is the entire frontage, less an access lane to the pasture. (5) The well has been tested and water supply found satisfactory. The son is 29 years of age and the father is in his 70th year. The father had a total of 202 acres, with the subject lands of 117 acres being a former pasture farm, which lands were severed by the construction of controlled access Highway #401 making access between the parcels difficult, by increasing the distance necessarily travelled between th& narcels. In effect, a family farm is concerned, another son Mr. Ross Adams working the two parcels of land. - ns. W. Kay Lycett compared the application to the case where a discontinuance of a farming operation left a farm house and lands. < This application was adjourned applicant to enable the Committee t giving their final decision. Classification "K" Application File No. 69-67 with the consent of the o inspect the property before J W. Kay Lycett, Agent, Barrister & Solicitor, Orono, Ontario, Robert Allison Cowan,Owner, 58 Rollscourt Dr.°, Willowdale, Ontario, for part of Lot 31, Con. V, Township of Clarke, Submissi on No."9"ar-17-Y7 Application was made for exemption or partial exemption. from• :provisions of Subdivision Control By -Law No. 1494 so ag to permit the separation of a parcel of land approximately 100f x 2001 being approximately 20,000 square feet in., -area from the applicant's land. The Secretary reported that 13 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. Robert Allison Cowan, the applicant, accompanied by his agent W. Kay Lycett B.A., Solicitor at Orono appeared in support l of this application. No other person appeared in support of, or in opposition to, this application. . . . . . . . . Page 6 Meeting of Committee of Adjustment, June 12, 1967: The Secretary -Treasurer presented the followine letter to the meeting: (1). W. Iay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated J,_i.ne 1, 1967: Mr. Cowan referred to a former decision given by the Committee at a meeting of the Committee of Adjustment held on May 31, 1966 under Application File No. 24-66 and stated that this is the last lot which is out off from the farm lands to the West by the existence of a deep ravine and swampy arca. The Committee took special note of the following: (1) The survey presented was dated August 26, 1960. The lot shown on that Flan of Survey has now beer extended from 1501 depth to 2001 depth. (2) The Committee studied the survey, the location of houses in the area; and the topography of the region was discussed. It was noted that.lVr. Cowan still has approximately 1631 frontage, Mr. Cowan was asked if the Department of Lands and Forests had approached him regarding the "purchase of any of these lands and he stated they had not, although, several years ago, they had approached his father. Mr. W. Kay Lycett, agent, pointed out that neither abutting owner was present and apparently not interested, in that the owner of the north lot, Mr. Gordon Winter was ill, and the neighbour to the south already. has 387► frontage. The Committee were of the opinion that this application fell under classification_ TTJ" Infilling Operation, and stated they will visit the property before giving their final decision. This matter was adjourned with the consent of the applicant. Classification "JTT Meeting ad,iourned at 11:00 p.m. - - SecreT7easurd MEETING of the COLEITTEE OF ADJUSTPTENT for the TOWNS= P OF CLARKE l9ednesday, June 28, 1967 at 11:30 a.m. Council Chamber, Orono Present: E.R. Lovelcin, Chairman, K. Schoenmaker, Member, _ Mrs. Ellen lm. Yeo, Secretary -Treasurer A meeting was called for a review of applications #67 to 6 inclusive. # 9 . . . . . . . . . .