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05 15 1989 Public Min 7:15 ,/.} J II THE CORPORATION OF THE TOWNSHIP OF ORO ... SPECIAL PUBLIC MEETING MONDAY, MAY 15, 1989 @ 7:15 P.M. - COUNCIL CHAMBERS TWENTY-SIXTH MEETING 1988-1991 COUNCIL The following members of Council were present: Reeve Robert E. Drury Deputy-Reeve David Caldwell Councillor David Burton Councillor Alastair Crawford Councillor Allan Johnson Also present were: Naomi Ball, Todd stocks, Bob James, Tony Cooksley, Robert Swerdon, Chris Staring, Paul Warnar, Luke Heffren, Lou Heffren, Henk Warnar, David Allen, Rick Allen, Nathan Cassell, Barry Richardson, Joe Groot, Paul France, Jeff Ball, Elizabeth Agostan, Steve Agostan, Fran Hanney, Donald Hanney, Paul Kelland, Gail Robinson, Howard Campbell, Thelma Halfacre, Stephen Woodrow, Earl Robertson, Jim Langman, Keith Lees, W.R. Daniel, A. Ritchie, Joe Jolie, David O'Brien, Be~ Nicolson, and one member of the press. Reeve Robert E. Drury chaired the meeting. Reeve Robert E. Drury opened the meeting by explaining to those present that the purpose of the public meeting was to present a proposed zoning by-law amendment that would change the zoning on Part Lot 27, Concession 4, from Natural Area to Natural Area-Exception. Notice of the Public Meeting was mailed out on April 19, 1989 to all property owners within 400 feet of the subject lands. Notice of the public meeting was also advertised in both the Barrie Examiner and Orillia Packet and Times on April 25th, 1989. The Reeve then asked the Deputy-Clerk if there had been any correspondence received on this matter. The Deputy-Clerk responded by indicating that there had been two letters received, one from the Barrie Automotive Flea Market Association and one from Dr. Joel Andersen, which stated their objections to the proposed zoning amendment. í II II II II . II II II ¡I ,.1 I ¡ II II II II II II II Ii [I 'I II II II II I[ II ¡, II II II The Reeve then stated that those persons present would be afforded the opportunity of asking questions with respect to the proposed zoning by-law amendment. Reeve Robert E. Drury then turned the meeting over to the Township Planner Ms. Beverly Nicolson to explain the purpose and effect of the amendment. The Reeve then asked those present if they had any questions or comments with regards to the proposal. Robert Swerdon: The section that was referred to was legal non-conforming use which should have been illegal non-conforming use. When a home occupation is defined, it refers to a percentage of the square footage of the residential buildings, not the out buildings. This business did not exist prior to the Official Plan and therefore cannot be classified as a legal non-conforming use. This is an industrial form of business being operated in a Natural Area zone. The Lakeshore Study between Ridge Road and the lake had a definite purpose, and that was to reduce the amount of development in that area for fear of septic saturation. ~ ~; Robert Swerdon: Bev Nicolson: Robert Swerdon: Reeve Drury: Don Hanney: Bev Nicolson: Don Hanney: David O'Brien: Bev Nicolson: - 2 - To proceed with an exception to Natural Area, makes a mockery of the original intent of the zoning in the first place. Rather than create an exception, why not offer it to us as an Industrial zoning. I believe this business started as a home occupation not as an industrial use. The major use on the property at that time was storage, and still is. There will be no additional impact on the septic system. The Agostan's are very highly regulated as to what they can do on that property. It's a minor expansion to the existing use that is there and is the only use which is being permitted. Any other use would require further public meetings and approval through Council and give adjacent property owners the opportunity of making comments. I believe the questions have been touched on but I am afraid that I still would have to disagree. It's all right to disagree but we cannot allow a debate here as the Council is here to listen to the public and their concerns in order that Council may make a decision on this matter. The zoning on that property is residential, so does that mean that any residence can start an industry. The permitted uses of Natural Area are agricultural, conservation forestry and open area recreational. This has been in place prior to 1979, has there been a change in the zoning on this particular piece of property? The property is not zoned residential. It is still zoned and designated Natural Area. A home occupation is permitted within a residential use but it is limited. There are provisions to restrict the extent and type of home occupation. I live on the Shanty Bay Road and have operated a business out of my house since 1959. At that time I was told that I could have a business as long as it was contained within the house. In this case, we're talking about operating a garage door service business out of a separate building because he certainly can't do that in his livingroom. I think Council are wrong in entertaining this idea. I am here with a student project and therefore am not directly involved. How did this property get this far already. If it was designated Natural Area how has it come this far - to industrial. The residence and garage structure has been there for a number of years. The storage building was allowed within the Natural Area as an agricultural or storage use. ) , .. ,. ... David O'Brien: Bev Nicolson: David O'Brien: Bev Nicolson: - 3 - In this Official Plan was it not stipulated that there were to be no businesses on this road. It seems that maybe Council over the years has changed their philosophy of what is a business and what can be done on a property. Is this a reflection of the change in times or just a misunder- standing? As an existing use, any business that was currently operating since then has been allowed. There are certain areas along the Ridge Road declared a scenic route which the Township would review for additional commercial or industrial type of uses. Primarily, commercial uses stay in the villages. Under the existing buildings and uses that are there the Township and current Council have to deal with on an individual basis when they come forward. It is very difficult for a Municipality to take away something that people feel they have. At what point should this Council have known about the expansion before this date. I drove by this business this evening and the one outside building does not look like a natural garage. This is a relatively new term of Council which just started their term of office and therefore I cannot speak for the previous Council. The Reeve in closing the meeting, thanked those in attendance for their participation and advised that Council would consider all matters before reaching a decision. He also advised those present that if they wished to be notified of the passing of the proposed by~law, they should leave their name and address with the Deputy-Clerk. Motion No.1 Moved by Johnson, seconded by Burton Be it resolved that we do now adjourn @ 7:37 p.m. Carried. /2.¡~z;z¡; Ree~e Robert E. ry D