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MINUTES - Council - 19630401\,_,.__;, .. ,, r~*-~ I ' . MINUTES OF THE 7TH REGbt:AR. MEETING OF COUNCIL HELD IN THE COUNCIL CHAl\ffiERS ON MONDAY APRIL. '1 1 1963 AT 8.00 P:.M, PRESENT MAYOR REEVE DEPUTY REEVE COUNCILLORS MINUTES . CORRESPOm!lENCE ..... MOGIJ:]);ID FAMILY ONTARIO GOOD RO,ADS ASSOCIATION TENNIS COURT FENCE ,~------------ KEITH. NISBET (IN THE CHAIR) ABSENT . . W.H • STODDART . . CHILD, JONES, MANNING, :!.!IOFFAT, SIINCLAIR WILLIAMSON,. STODDART: "Resolved that the minutes of' CHILD: March 4, 18, !l.:P.c,l. 25th. 1963 be adopted as pr;i.:p.ted and circulated." Carried • · A tl:i:ahk you card f:t'olil the fami:J.y of' the late Mrs, McGheet Sr,. CHILD: STODDART! . . ...... ·._, . -· ... ,. ~--"' .... . 11 Resol ved that. tl:):i1i;l l.f?tter be. filed,ll, ·: .,:.~ ... -.• ., -.:. ,. ~ ',; 0 . C~ii:t~d. •.. ' .. •'•t:'-•,': .. ' • ' ,, .. ,, .,., ............ ,._,. , ..... ,,. ' A letter from the O:p.t£!.!'io Good Road.s Associat- ion advising of 13-school t~ i:Pe b,elcL for Road Su:Perintendents 1 May 13th'ta,:M 14th ... l963. QHILD: ··"Resolved 'that tP:is, J..et.t~ be .S';l)O:pDAR;i': . ref erred to the Cha.irl)le.ti. of the ·>Works.Committ.ee.n: ··;.·: · •• ' ' ' •••• ' "' '. f" ,, ,.. ' Carried. A.letter. frp111 th,e Aurpra Recrel3,tion. CO'.Dl!1lission re€:arding the fence ~t the TeAA:j;er Cowt in Mcii'!Ethon Park : and stating that' ti?.iS>· fence is badly in need Of repair' antf p~int." · •: I:: ' '' STODDART: CHILD: "Resolved that th:L~ letter be referred to the Parks Board." Qarried. ~--'""'""" ''"~" ·;-.~~~~='='•"''""'''''''~-~"-----··-~.. --·-·-·-···---··-'~---····-·· ''"·~-·-.. """'·""~'"··-~.-;-~-~ ·-->•-«~~~·--.. ----"•"----~=·=~....,..-~.=== .. == ,_·....,._; 7TH REGULAR CORRESPONDENCE HOME AND SCHOQL ASSOCIATION MEETING AURORA yPfi.KS RUGGER CLUB l\ffi.. L ~ FRENCH RE. LACK OF SI®EWALK NEAR SCHOOL a.;.ii:d -;; -2-April 1 1 1963. A 1e1tter from the Aurora Home and School Asso:ciation advising Council that D.r. Rose wjl.J. speak at their meeting en Monday April 8'iih. and inviting the mem'b.ers of Council to :~:ttend this meeting. .. JONES: 11 Resolved that thi.s letter be 1l'l'ODDART: :filed, 11 / Carried. A letter from the Aurora Yorks· Rugger Club requesting the use of the Town Pa:rtk from March 30th, until Mid Ma;t.:· WILLIAMSON: "Resolved that this letter be MANNlNG: refeJ;>redto the Recreation Co'!!lmission,." Carried, A lett.eJ;" from lVIr. L. French, 13 Aurora Heights Dl?':tve, advising Council that .the lack of .. aigns sidewalk fronting near the school • on TecUIIlseh,created a hazard for chifdren, WILLIAMSON: "Resolved that this let.ter be CHlLD: referred to the Works Committee.," Carri'ed~ ~~~·---~--=·-=·~·-·-··~· -~ ~~--~~--~------·-........ --- 7TH REGULAR ....;3-April "l; 1963. REPORTS QF COMMITTEES DOG BY-LAW Couric:i,llo:i' Moffat reported on behalf of the executive of the Aurora Centennial Commit tee com erning the offer of Heise Films of King City to undertake the filming of centennial year events in c_til_lor and with sound at a cost of $2,200.00 or at a very minimum cost of $1,500.00. Councillor Moffat reported that the executive had decided against this expenditure although agreed it would be a splendid thing for years to come. Councillor Moffat reported that a fine elderly lady, Mrs. Stephens will celebrate her hundredth birthday October 1st. 1963. At present Mrs; stephens is at Resthaven, smartly attired and alert and further that a a bow of roses and a silver centennial coin was presented to her and she was ever so pleased. Councillor Moffat advised a Parks Board meeting will be held on Wednesday evening, April 3, 1963. Mayor Nisbet stated that the program 100 years of song and dance was taped for future use and suggested a tape recording be made also of the Choral evening on April 2, 1963. STODDART: WILLIAMSON: "Resolved that the letter from Heise Film, King City be referred back to the Aurora Centennial Committee." Carried, Councillor Manning reported concerning a problem that has arisen over the Town dog by-law in that the Canine Conbrol Officer has been instructed by his officers to the effect he may enter upon private property to apprehend a dog. MANNING: SINCLAIR: "Resolved that this matter be referred to the Town Solicitor ,and he advise the North York Humane Society of his inter- pretation of the dog by-law respecting the prodedure in apprehending dogs on private property." · Carried, L . .,..:...~·-::'·~-----;,_,,""O'==op=-~--" ~ ·~ •=A·-~M·'-~·-~-.... -.. -.. ,_,~ ... ·-'h~"~·N"''"'""""''"'"'"-'-"-~"JJ.<W.C~C--~-~--~-~--~-~~~~~~~~-== ~·• on~ o'IJ==-•""""•'=•"'="",.-m-- ·it 7TH REGULAR. -4-April 1, 1963. ' ! REPORTS OF COQITTEES i,_ . .. . . ( .. '-··-""' ~~- :._~__, INSPECTION' PUMPING STATION CENTRE ST AND AURORA HEIGHTS DRIVE, Ct1unc;Lllor W;Ll:Li.amson.;p'resented a report of the Property Committe in which the Committee respectfully submit the follow;Lng: "Th:is O()mmittee in its entirety visited the pumping station qn Centre St .•. on Saturday March 23rd and inspecte~ it fully. As a result of this inspection we recommend that a backing up gate be installed similar to .the one at the Aurora Heights Dr. pump house and also that a t'' inch water line be put in as there are no water facilities there at the present time. We also inspected the pump house at Aurora Heights Dr, and found that four cement girders are badly deter- iorated and we recommend that these be replaced by steel girders. There was a breakdo~ during the past week on the electric relay and ~iphier controlling the main pump which necessitated calling insome one from Minneapolis-Honeywell to service and repair same. In order to save the Town money as the same thing could happen again we recommend that a spare relay and ampliphier be purchased and kept at the pump house .EJ,nd should a breakdown occur it would be a simple matter for one of our own men to replace the faulty relay or ampliphier.c We think that Mr• Barwick and his staff are doing a tremendous job in keepingall the buildings under his jurisdiction in an oxcollent condition of repair and cleanliness and are to be commended for same~ WILLIAMSON: JONES: "Resolved that the report of the Proper Property Committee dated April :1, 1963 be accepted and the necesgary estimates obtained," Car:Hed, ~-=-"="'""·~,,~,-"~"'~""'='="''"""" --~·-·--· .... ---~---~··· ......... --=·,-~ ----··· ····· ~A~~<O, I . i 7TH REGULAR r5-April 1 1 1963 REPORT.S OF C Ol.Vll\'IITTEES CouncillQr Child ~e:ported that at a Planning Board meeting held on March 28, 1963 the Zoning maps of the Town had been returned to Mr, Altenberg, Planning Consultant, for some corrections,and also the text. Councillor Child advised that we are getting close to the time now when :public hearings might be held regarding the zoning by-law, Councillor Child read a letter from Mr~ A. Jubb 1 Town Building Inspector as follows: · March 29th, 1963 RE: Aurora Tank and Welding Shop, ~South-East Corner of Wellington St, East and Industry St, North Part of Block "B", Plan 535 The following is a report on the contravention of Land Use By-law 1051 and ::~<:i.lding By,...law 1487, by the WJJong positioning of the factory on the above mentioned lot, For easy :perusual, I will itemize the report by by-law as follows: a. Contravention of By~law 1051, Sec, 7 7 IDem d, Par, ·i & 1c. · Reading: "Location on the Building Lot" Page 4 of a ttache_d miJlleQgr_aphed copy The :plot :plan which was filed with the application on November 2nd, 1962, shows a front yard of 30 fi; ... , and a side yard of 20 ft,, which was well within the re<J_uirements of by-law 1051 1 which calls for ~· m;i.nim~ of '15ft, front yard and a minimum of 15 ft; side yard. f~so, the measurements shown on :plot plan allowed for a 15 ft, setback at the north.,.west corner of the buildings, from the arc formed by the 50 ft, radius of the daylight corner. ~-. --·''"""""""""~==·='-"-"-~•==<"-=~·Y~=·=~~-••-•••• ~-=---="-="'-o'·'"'~· •'-'•• -·-~·-"• _. ~-··• -"•••••• •• \ i'~ .. i 7TH REGULAR REPORTS OF CO]/llVIITTEES CONTRAVENTION OF LAND USE .BY LAW # 1051 AU BUILDING BY-LAW # 1487 -6-April 1, ]..963 Registered :plan of subdivision of Lot. 151 1 PJ..e,n. 246 (which is Plan 535 of Industry st,) show~ a 50 ft, radius on the north-west carne~ of the lot and the 17 ft. widening of the south side of Wellington St, East. This :plan was registered on "~ovemb er 25i;h, 1959. I mention this date so as to advise, the.t the daylight corner and the widening were not just a .later amendment to the :plan, but were on the original, Therefore, ignorance of ths13e bound- ar~es does not comprise a logical excuse for error, When survey,.dated January 15th, 1963 was brought into this office, showing location of e.<::tual building on t.he lot, it was noticed immediately that the :position of the building cont;p.avened By-law 1051, by having insufficient si4e yard and by :putting the building too close to the corner radius of the lot. It shows a front yard of 28.75 ft, and a side yard of 11,66 ft., which is 3.34 ft., below minimum, Adding to this, the 5.7 ft, width of the canopy, :puts the contravention at 8.05 ft. Also. it :puts the north-west corner of the buiJ..ding wi th ..... in 4 ft. of the radius of the corner, and the canopy is 3 ft, outside the radius, I believe this error originated by the builder :picking y:p the old survey stake, placed before the road widening was surveyed, 2, C·);,t:navention of By-law 1487, Sec, 1.5, Item 1.52,.Par. D. Reading; '!'>Permits", Page 2 of mimeographed cgpy On being satisfied with the Application, Plot Plan and Structural Plans, a tem:pory permit was issued on November 2nd, 1962 1 allowing only the construction of footings or basement walls 1 (in this instance, just footings as the building has no basement), at which time a survey by a licensed O,L.S. hfl;d to be d:i;Q:'ried out and a copy delivered to my o:t'fl.ce, showJID,g that the building was in its correct lllocation, ';'¥\t this time, if the survey had satisfied the by-la'fl 1 the~ a building :permit would have been issued.>givirtg permissi0:1 to finish, the structure. · ·~-.. ~~ .. ~~~--· ~-~ .. ---~-~~~~-~=~~~-----··~-~~-------~ " ·--~ ~......:.. 7TH REGULAR CONTRAVENTION OF LAND USE BY-LAW 1;* 1 05·1 AND BUILDING BY LAW # 1487 -·--~~-~~----•--•~•~-•-•~-•~-'~'c'~~-••--·~·-· ·-•• -70::. April 1, 1963 As the survey showed that the locatio~ of the ~Juilding contraved the By-law, a permit to finish the building cou~d not be issued, As it now stands, the buildi~g permit was nev:.~.E. issued and is still in my office. Although all parties were aware of this condition after the survey was made, they kept right on working and finished the entire structure, The builder was fully aware of the conditions of the by-law, as he has been doing the major part of his contracting in Town, In each case, surveys were produced before final building permit . . 't . was issed. Therefore, ignorance of by-laws · · cannot be made, In order to keep his men working, he gambled on the building being in its OJ rrect loc .. tion •. and kept going while waiting for a survey, in order to take advantage of the weather and get the building closed in, I believe this time lag hefore getting a survey, was more or less createdby a difference of opin- ion on who had to pay for it, the builder or the owner. Nevertheless, it never was carried out 1,1ntil thebuilding was up and .roofed, The builder wa(3 :fully aware of. the gamole he was· taking as I Hpeatedly' asked for a C9PY'' o.f survey.· .J .. - As !30on as a copy of the. s1,1rvey wa(3 received, the builder· was· notified iminediatrJlY that he wo.uld have to·go through the Corruh:Lttee·of Adjustment, and the necessary. documentsand application were g:j.ven to them 'so that pro:Ce.Mings. could be·. stil.rted. witho~t delay. ... . . •. -.·.·'· . . . ·-. ' . --.. · •' ... '---'-' ·~ ' ' r;··c .,..._,. ·j· ; · .. , -~' ' .. : -; --· ~) > . ' . /' '_._ -. , .. ·. •: . . , :"• . ·\ -~~~~~-~~~~~~--~-~----~ ~==~-~·-- ~"~·.·~·· I I I . ' ·~- r~-- "··-,_,_/ " 7TH REGULAR REPORTS OF COMMITTEES CONTRAVETION OF ::,AND USE BY-LAW ~t 1051 AND BUILDING BY-LAW ;;! 1487 -8-April 1, 196~: 3. Meeting with Mr, A,J. Rettie, Chief Engineer for County Roads w~. Rettie was very a~~oyed at the situation, but allows that the setbacks of :property on the county roads which are in Aurora, have been lr';ft as the Town! s responsibility, on account of the many old :properties with varying setbacks. Mr. Rettie's final remarks to myself and Reeve Clarence Davis, who was also present, were that he would go along 100% with the Town's decision Trusting that the above report contains enough inforn:a tion that a satisfactory decision may be reached by the Committee, Attached is a copy of Registered Plan and Survey, also, copy of temporary permit, showing terms on which it is issued. Yours truly, A.E. JUBB Building Inspector Councillor Child stated that the situation is thf!tW that the proper papers ha·Je been referred to th!fr' Ceimmi ttee of Adjustment by the builder and feel' that the Committee will only turn down his application for relief, The builder must then appeal to the Ontario J\llunicipal Board and past experience proves the Board mainly back up the decision of the Committee of Adjustment and might rule that the builder take down his building, This is a case that if we don•t reprimand him severely, we may have a rash of :people who will flout our by-laws, It is a matter for Council to decide and although I don't like to see the building torn down feel he should have his knuckles rapped, General discussion followed conce~ning this matter, '"'S· "Resolved that the builder in question ~g~~AT· and the Town Building Inspector be requ- . ested to appear before Council in Comm - ittee," Carried, This meeting was set for 2ffonday April 8th, at 7,00 P.l\T, '--'"!'~.,.,~·· ~~~~~~,--.,~--~~ ~ ............ .. . . . .. •• ··~.,~-·=>=· ........... .. ,,. Lc r·~· W...~...l 7TH REGULAR -9-April '11 1963 UNFINISHED BUSPf8SS BELL TELEPHONE ACCOUNT ROAD TO NEW WELL INSPECTION OF TREES BY DEPARTMENT OF LANDS AND FORESTS WILLIAMSON: CHILD: Councillor Jones brought to Councilst attention that the Town Superintendent had forwarded an account to the Bell Telephone Company to cover costs arising when Town men are required on numberous occasion to spot loci':tion of water pipes 0.11d other services for the Bell Telephone Ciompan.y, Councillor Jones stated the Bell Telephone Co, have objected- to paying this account and further requested guid- ance f:rom Council in this matter-. Subsequent to general discussion it was decided this matter be left over to the next meeting of.Council and in the meantime that information r~garding this matter be obtained from the Town :'~ngineer. Councillor Jones advised that a gravel road had been made to the new well. Councillor Moffat stated that sever8J. calls had be.Ein received regarding the dutch elm disease and under~ sto~d from the Town Clerk that the Department of Lands and Forests at Maple were contacted and would send a representative to Aurora to inspect the elm trees and undertake any necessary program at no cost to the town, Councillor Jones adviscd·thnt a representative of Lands and Forests had visited Aurora this morning and with the Town Superintendent had inspected the ~argo elm at one end of Mark St, He found this tree to be healthy with no trace of disease,· Several othe.r elm trees were inspected; however the representative · stated he must have samples and the Town Superintend- ent spid when the leaves appear on the trees he would send ;.1m tree samples to them for inspection. "That the meeting adjourn." Carried The meeting then a(ljourned,, ~.: .·.. . . ~, 4t ~. ~-,_ •. _.,..-.-....... -.. -•• ·--···-~-·_ ....... •,•·• ·-··· I1f.il1YOR ·, \ · -" , ,, GkffiK ,, '·--:.!L.~-·'"''~''"'''-~~.~-.... ...... -·-·-'·········-·'·~A~-· .. · --·-·--"-·" ..... ~--~----