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HomeMy WebLinkAbout05/13/1968MEETING of the COMMITTEE, OP AEJUS7MENT for the TOWNSHIP OF CLARKE Monday, May 13, 1968, at 8:00 p.m. Council Chamber, Orono. Present: E.R. Lov:kin, Chairman, C K. Schoenmaker, Member, E.F.R. Osborne, Member, Mrs. Ellen M. Yeo, Secretary -Treasurer, A.A. Low, Zoning Administrator for Township of Clarke, Mr. Stewart Collins, R.R. A Newcastle, Ontario, Observer Mr. bum. Morrison, R.". 41, Orono, OntArio, Observer The minutes of meeting of April 16, 1968 were approved as read, on motion by K. Schoenmaker and seconded by E.F.R. Osborne. Carried. The Secret -.pry -Treasurer preseat,d the following material to the meeting: (1) A draft copy of By -Law No. 1590. noted the contents. Application File No. 101-68 The Committee duly :Immanuel Agustus Timoll, Owner, P. R. 43, Pontypool, Ontario, for part of Lot 31, Con X, Township of Clarke, Submission No. Y3" i..- c is7 As business arising from minutes of the past meeting, this applicat on was presented for further consideration. The Committee visited this site aiL 2:45 on Saturday, May 4, 19G8. They were unable to determine the exact location of the proposed severance Lut walked over the property generally, and familiarized themselves with the entire area so that they would be able to follow ,any oral presentationmade by Mr. Agustus Timoll upon the hearing of the application. The Secretary -Treasurer stated that Mr. Timoll is still absent from the Country. This application was udjourned to the next meeting pending Mr. Timoll's return. CLASSIFICATION "B" Application File No. 102_68 W. Kay Lycett B.A., Agent, Barrister & Solicitor, Orono, Ontario, Edward Reginald Martin Owner, R.R. 4#2, Newcastle, Ontario, for part of Lot 25, Con. 111, Township of Clarke, Submission No. 'b"log- As business arising from minutes of past meetings this application was presented for further consideration. CW. Kay Lycett B.A., Barrist r & Solicitor, of Orono, agent for the applicant, appeared in support of this application. No other person appeared in support of, or in opposition to this application. Mr. v1. Kay Lycett staL-ed that he was unable to submit a Plan of Survey at this time. The Committee adjourned the hearing of this application sine die until a Plan of Survey becomes available for presentati_ n to the Committee for their further consideration and final decision. CLASSIFICATION "ET' Page 2 Meeting of Committee of Adjustment May 13, 1968• Application File No, 106-68 Henrietta V,n Ovorloop, Own_r, RoR, UP Newtonvi.11e, Ont rio, for part of Lot 5, Con, V, Towr.sh_p of submission No,,OL.h@-44 As business arising from minutes of the past meeti g, this application was presented for further consideration. No person appeared in support of, or in opposition to this application. The Committee visited this property on Saturday, May 4, 1968 at 5:15 PM, and not -d the following facts: (1) The prcierty was obviously being used as a farm and was well maintained and well worked, (2) The family ware engaged in picking stones from a worked field when the Committee arrived, (3) A completely cultivated field of about 25 acres was ready for seeding and a large Hereford bull was chained and pasturing near the house, (4) The proposed lot lay East of a pine grove immediately to the West of Shiloh Church, (5) The Committee recommended that the driveway of the new residence be loc,ted at the East side of the pro erty to give maximum vision for traffic approaching gvcr_ a knoll to the West. The proposed house being next to the existing church and the side^, road, no traffic problem should be created, (6) The Committee felt this was a bona fide application for a severance -or a member of the family on an agricultural operati.n and the Secretary was requested to advise Mrs, Van Overloon to complete her application by submitt- ing a formal Plan of Surve-, prepared by an Ontario Land Surveyor, and a sworn Affidavit executed by Frank Van Overlcop verifying that he intends to assist his parents with the farming operation. This -!nplicAtion was adjourned until such time as a Plan of Survey is presented to the Committee for their formal decision. It is noted thot this application was dated 12th March, 1968, CLA.SSIFICP_TION "E" Applic,tion File No. 108-68 W. Kay Lycett B.A., agent, Barrister & Solicitor, Orono, Ontarig, Donald Robert Roy Hamm, Owner, R.R. 41, Oronw, Ontario, for part of Lot 26, Con VI, Turn, As business arising from, minutes of the f C1trme.,ting, thispbmNo. application was presented for further consideration. 'Mr. Donald ?Tamm accompanied by his agent W. Kay Lycott B.A., of Orono Ontario, Mr. Do glis Hamm, son of Mr, Donald Hamm and Mr._Elgin Edgar Ney, 6 Red Deer Ave., Scarboro, Ontario, the pro- posed purr_hasor annearod in support of this. appl.ic-,tion. Also appear- ing was Mr. Eli Dumitru, 34 Red Deer Avenue, Scarboro, Ontario. No other person appe.red in support of, or in opposition to this application. Page 3 Meeting of Committee of +djustment 14ay 13, 1968: The Committee visited tiffs property on Saturday, May 4, 1968 at 2:00 pm :nd noted the follow47g facts: (1) The ground was dry, with spring run off no problem. (2) It was apparent th,_t entrance to the property from the South, Concession 6 would be no problem. (3) The Of proposed structure`would clearly an existing be an.extension commercial user. (4) The Committee could not see any topographical objection to the application in their perusal of this property. The Committee reviewed the minutes of the last meeting pertasn- ina to this application and asked Mr. Elgin Edgar Nay if he had any further submissions to make regarding this matter. Mr. N -ay stated that he had contacted the Department of Highways for their approval of his proposed commercial enterprise and had in his possession the following permits: (1) The Highway Improvement :ict, Building and Land Use Permit 026152 signed "George E. Gomme", Mirrister of Highways, dated at Port Hope, -Ontario April 29, 1968; (2) The Highway IMprobehlent Act Entrance Permit 413393, countersigned "District Department of Highways Engineer" dated at Port Hohe Ontario, %:pril 29, 1968. Mr. 117. Kay Lpcett was advised to complete this application by submitting a formal Plan of Survey, prepared by an Ontario Land Surveyor and this application was adjourned until such time as the Plan of Survev is presented`to the Committee for their formal decision. CLASSIFICATION "C" Application File No. 109-68 George Austin Turner, Owner R.R. 42 Newcastle, Ontario, for part of Lot 28, Con 111, Township of Clarke, Submission No. 'S, io 9-L&- ?3 Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law D70. 1494 so as to permit the separation of a parcel of land approximately 250' x 125' being approx- imately 31,250 square feet in area from the applicant's land. The Secretary reported t;at 22 notices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. Mr. George Austin Turner, the applicant, appeared in support of this application. No other person appeared in support of or in opposition to; this application. The Secretary presented the following material to the meeting: (1) A Plot Plan, dated Aprill4, 1955, with measurements obviously prepared by the engineering staff of the Shell Oil Company,'which Plan was treated by the Committee as the equivalent of a formal Survey. The Committee visited this pro!erty on Saturday May 4, 1968 at 6:15 pm and noted th'e land to be severed was 'indicated by a wire fence. They were shown around the property by the applicant Mr. G. Austin Turner. A study of the above-mentioned survey showed the fences etc. as repres.^nted in the Plot Plan. Page 4 Meeting of Committee of Adjustment May 13, 1968: Mr. George Austin Turner was asked to make'his oral submissions to the Committee and he stated the following facts:. (1) .Shell Oil Co. of Canada Ltd., erected a service station, some years ago on a portion of his farm land on Highaay 4115 and now the farm is for sale. This severance is required to give a clear title to each of the two enterprises, the farm and the service station. The Committee were of the opinion that this is a commercial zone with a DX Service Station, British American Oil Co., Texaco and Fina Stations; also several restaurants are already established in the immediate area. No physical features of the area would be altered by granting this severance. The situat.on obviously pre- dated by years, sub -division control legislation. Application granted on motion by K. Schoenmaker, seconded by E.F.R. Osborne. Carried. CLASSIFICATION "Cn A ?lic_tion File No. 110-68 W. Kay Lya#tt B.A., Agent, Barriter & Solicitor, Oronc, Ontario, Sadie Hamilton, Owner, R.R. #2, Orono, Ontario, for part of Lot 31, Con V11, Township of Clarke, Submis cion No. '73" iia - / C -j A3 Applicaticn 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 436' x 600` being approximately 2617600 square feet in area from the applicant's land. The Secretary reported that 21 notices of th- said h, -- wring had been mail -Id in accordance with Item 4 of The Rules of Procedure. W. Kay;Zycett B.,A., BarrisL-er and Solicitor of Orono, Ontario, agent fo.. the applicant appeared in support of this applicatmn. The following pe.ssc;ns also appeared: Mrs. Bertha Little, 770 Hortop St., Oshawa, Ontario and Mr. Clifford Ralph Westgate, 770 Hortop St. Oshawa, Ontario. No other person appeared in support of, or in opposition to this application. The Secretary presented the following material to the meeting: (1) Correspondence from w. Kay Lycett B.A., Barrister and Solicitor, Orono, Ontario, dated May 17 1968. The Committee duly noted the contents. (2) A Plan of Survey prepared by M.D. Brown, Ontario Land Surveyor, Bowmanville, Ontario, dated August 24, 1967 and numbered 67027. The Committee visited the property on Saturday May 4, 1968 at 3:30 pm and obtained the key to the gate giving entrance to the property and inspected the whole area. The Committee noted the following facts -- (1) The old road severs two pieces o_r- land into an easterly portion and a westerly portion. The easterly portion lies between the old Leskard Road and the new L-oskard ro:-.d and is the smaller in area. The westerly Portion falls off steeply into a swampy area and the_ land was heavily ccvered with young growth of trees and could best be classified as a typical retreat property. D Page 5 Meeting of Committee of Adjustment May 13, 1968: The southerly c-nd of the old Leskard Rod.d,-just north of Mrs. Hamilton's home was blocked by a wash out of a small brid9e. The road itself was nearly overgrown and was little batter than a country lane. The Committee- felt that their inspection would enable them to follow any submission by the agent for the aplicant on the presentation of his oral argument. Mr. W. Kay Lycctt, agent for the applicant was invited to l make his representations to the Committee and stated that since this application h -d been filed with the Secretary, The Corporation of The Township, of Clams had passed Zoning By -Law No. 1590, dated May 71 1968 to regulate the use of land and the character, location and use of buildings and structures in the Township of Clarke. Mr. "v1. Kay Lycctt, on behalf of his client requested that this application b; adjourned in order that the By -Law can be reviewed by his client to determine the effect, if any, on this application. The fact that Mrs. :Iamilton, a widow, carried on an insurance business from her home (Hamiltons Insurance Service) and hadno use for a fairly large acreage of bush to the north of this office caused the Committee to view this a,,plication as the severance of a commercial enterprise from abutting land.. This application was adjourned sine die. CLAS.=lCi.TION "C" Application File No. 111-68 W. Kay Lycett B.A., Agent, Barrister & Soliciinr, Orono, Ontario, Robert Glanville, Owner, Orono, Ontario, for part of Lot 28, Con V, Township of Clarke, Submission No. 111-68-107 Application was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1306 so as to permit the separation of a'parccl of land approximately 122.64' x 40' being approximately 7,200 square feet in area from the applicant's land. The Secretary reported that 17 noL-ices of the said hearing had been mailed in accordance with Item 4 of The Rules of Procedure. W. Kay Lycett B.A., Barrister & Splicitor of Orono, Ontario, as agent for the applicant appeared in support of this application. Mr. Bruce Tennant, Orono, Ontario, an abutting owner, appeared in opposition to 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 W. Kay Lycett B.A., Barrister a Solicitor, Orono, Ontario, dated May 1, 1968. The Committee duly noted the contents. (2) A Plan of Survey, prepared in accordance with The Ont�_rio Water Resources Commission Act by Marshall, Macklin and Monaghany signed "M.P. Van Herten" Ont_,rio Land Surveyor, Don Mills, Ontario, and dated September 1, 1965, numbered MS -65-205. Mr. J. Kay Lycett, as ag;:•nl_ fop.- the appl.ic;.nt, made the following submissions: (1) Mr. Glanville owns a parcel of prornerty in this lot upon which is situate a feed mill on the south end and a dwelling house on the nc.r.th end and between the two buildings is a registered right-of-way in favor of Page 6 Meeting of Committee of 'Adjustment May 13, 1968: adjacent owners and in favour of the Ontario Water resources Commission which registered right-of-way at the present time is used by the public at large as a street: (2) Mr. Glanville has now retired from his milling business and desires to sell the mill and feed pro;.jerty to a Mr. William Hooey of Orono, Ontario, who wishes to use the building for storage and repair,shop in connection with his present fencing business carried on in the Township of Clarke. The Committec`stated that they had visited this property on Saturday hiay 4, 1968 and not -_,d that the proposed purchaser appeared to b4 in possession of the feed mill building as there was evidence of wire and equipment required for his fencing business,, already stored on the premises. Mr. Bruce Tennant was then invited to state his opposition to this application. Mr. Tennant stated in this area, with the exception of the feed mill building, the surrounding properties were well kept, residential dwellings, and he was not in favour of this building being used for a fencing business with the resultant untidyness of stored equipment, and parked trucks etc. Mr. Tennant refeL.ed to the new Zoning By -Law No. 1590 stating that he understood Orono was now classed as "residential" and as such, the mill building should not be allowed to continue as a commercial enterprise for another business on this street. The Committee asked &ir. Arthur Low, the Zoning Administrator to interpret the new Zoning By -L.,%' as it would _effect this decision. Mr. LoW quoted as follows: "Section 12 - Non -Conformity (Con- tinuation of Existing Uses) Nothing in this by-law shall prevent the use of any land, building or structure for any purpose prohibited by the By-law if such land, building or structure was lawfully used for such purpose on the day of the passing of the By-law so long as it contj.nues to be used for thr.t purpose. If a non -conforming building or structure should be damaged by fire, flood, wind or earthquake n* -ping in this By-law shall prevent such a building from being strengthened to a safe condition providing that such alteration or repair_ does not change the height, size or volume or change the use 0f4`such building or structure." Mr. Low stated that the proc;osed purchaser, Mr. William Hooey, would be required to keep the premises tidy and neat as this would be covered in the Zoning By-law by Section 57 Subsection 7 (c) "there is no external storage of goods or materials." Also Section 15, Subsection 4 provides for a penalty to be levied against any person convicted of a breach of any of the provisions of this By= 1 ata. The Committee were of the opinion that their concern is land severance and that they should not express any opinion in these proceedings on the,effect or validity of the land use By-law. From the Committee's point of view, this was an application to sever a s:Pparate and existing commercial building from an existing and separate residential property. The Committee also noted that, while it was not a dedicated 1 street, the general public apparently have been using the right -of- J way which seve-rs _Lh property for some time. Page 7 Meeting of Committee of .adjustment May 139 1968: The Cpmmittee, after debating the issue, considered that the matter should be considered on the following basis: (1) The sale was occasioned bf the termination of a previously existing business through retirement, and, as far as the Committee was concerned, they were considering the application on the same basis as though Mr. Glanville was retiring and selling the mill as a goinq business as a mill. (2) The main argument for severance is that, in the past, the Committee have allowed residential facilities to be separated from commercial installations (refer Application File No..109-68 George Austin Turner). (3) The existence of a well travelled right-of-way creates a practical, if not a legal severance. (4), Before any final decision is made, the Trustees of the' Police Village of Orono should be notified of the pending decision and asked if they wish to make any observation on this application, particularly in relation to rights-of- way and streets.=etc. This a?plication was adjourned for further consideration at the next meeting on June 10, 1968. CLASSIFIC':.^ICPI "C^ Application File No. 112-68 W. Kay Lycett B.A., Agent, Barristc,r & Solicitor, Orono, Ontario, Johanna Elsa Martha Renelt,Owner Orono, Ontario, for part of Lot 287 Con 1VI Township of Clarke, Submission No.'73', Applic4tion was made for exemption or partial exemption from provisions of Subdivision Control By -Law No. 1306 so as to permit the separation of a,parcel of land approximately 90, x'200' being approximately 18,000 square feet in area from the applicant's land. q The Secretary reported that 18 notices of the said hearing -tad been mailed in accordance with Item 4 of The Rules of Procedure. �. Kay Lycett B„A., Barrister & Solicitor of Orono, Ontario, as agent forthe ap licant appeared in sup:crt of this applicr,tion. 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 W. Kay Lycett B.A., Barrister & Solicitor, Orono, Ontario, dated May 1', 1968. The Committee duly noted the contents. (2) A photostat copy of a Plan of Survey prepared by Messrs. Donevan u Fleischman, Ont.:�,..rio Land Surveyors Of Oshawa, Ontario. Mr. W. Kay.Lycett, as agent for the applicant, made the following v submissions:. (1) Mrs, Renelt'proposes to sell the subject parcel of land to The Director, Veterans Land Act who will utilize the parcel for residential use. (2) .lthou-,h this property is not within the limits of the Police Village of Orono, it is understood that it may be serviced by,the Orono waee.r system. Page 8, Meeting of Committee of Adjustmcnt May 13, 1968: The Committee visited -the- site at 5:45 pm Safurday May 47 1968 and noted the folloi.✓ing facts: (1) Mrs. Renelt wa; not at home. (2) 'The proerty is locally known as the "Goode" property. The original owner occupied the house -arid operated a creamery next door. The old creamery is now used by G. Tennant Transport as a storage yard for transport vehicles. J (3) There is a two storey, well built brick house of generous proportions situated to the west side of the projerty. This was formerly occupied by the creamery. owner. (4) The area, with th._ exception of the storage yard to the east, is residential. (5) A hard surfaced road runs by the front of the property. The rear of the property drops off into a wooded ravine. The Committee noted that the lot was slightly low in the centre but there was adequate run off to the squth. The Committee recommended that some care should be taken in constructing any house_ on the pro1,erty in order that the drainage or run off from north to south would be adequately provided for. Mr. Lycett was requested to submit, on behalf of his client, a pro,or Plan of Survey prepared by an Ontario Land,Surveyor, at which time the"Committee will give their formal decision. This application Was adjourned until such time as a Plan of Survey prepared by an Ontario Land Surveyor is presented to the , Committee for their formal decision. CLAS.iIFIC,v-DION 'rA" Proposed Application Mrs. Adele Ruddy, 501 Byron St. S., Whitby, Ontario, Lot 14, C9n Vll, Township of Clarke In the matter of a pro_osed applicati,n by Mr.,, Adele Ruddy, for a"severance of retreat property of 121 acres, the Committee visited the pro=erty on Saturday Niay 4, at 4:30.pm. ThF Committee noted the following facts:. (1) The entrance was to the east off the side road. (2) The cottage was completely insulated with trees right to the hous:a, making it impossible to see from 50 or 60 feet away. (3) Thisis cle_rly d retreat property. No natural line of division was apparent. (4) The Committee felt they were sufficiently familiar with the pror_erty follow any reference to it by the agent or the owner, if this application is formally presented. Mrs. Adele Ruddy attended the meeting on May 11, 1968 to discuss the feasibility of submitting an application for this severance and gave the following facts: (1) This pro_,erty was purchased in 1953 and until the time of her husband's death, a year and a half ago, was occupied by them as a summer residence. Since then, this residence has been rented. Page 9 Meeting, of Committee of Idjustment May 13, 1968: (2) The present tenants are very anxious to'purchase the cottage and a portion of the 1„nds, but do not wish the entire 1212 acres, preferring approximately 4 acres, more or less. Mrs. Ruddy stated that she attended the meeting with the hopes that the Committee could advise her as to how to pro_;ortion the land around and about the cottage to enable tier to gain financially, which she needs to do, in her present position. The Committee considered the following facts: (1) No formal decision could ba given by the Committee as the proposed applicant had made no formal apulication. (2) Impecuniosity or financial hardship is not a factor that legally can be taken into account by the Committee and, therefore, is not a factor to be pleaded or discussed. (3) The Committee made a preliminary survey of the ar_a and this proposal, since a general policy regarding retreat properties and the erection of summer dwellings is a matter of public concern and general interest for this area. (4) To be successful in an application for severance a proposal would have to show a unique feature or special reason for granting such a severance where the nature and use of the property has remained the same for a number of years and no special factor has intervened to change the status quo. (5) Anyone is free to apply at any time for permission for any severance, but only persons who can show special circumstances would be likely to be successful and any advice as to whether an application might be successful should be sought from a solicitor or agent having special knowledge of local matters. General Business - the Committee added the following key index classification for all applications: tt Z tt n C n Meeting adjourned at 12:15 a Secretary -Treasurer Miscellaneous Changed to read "Severance for Separate Deeds (Commercial -Residential)”