09 16 2004 C of A Minutes
Committee of Adjustment Minutes
Thursdav September 16. 2004. 9:30 a.m.
In Attendance: Chairman Dave Edwards, Member Lynda Aiken, Member Allan
Johnson, Member Garry Potter, Member Michelle Lynch, Senior Planner Andria
Leigh and Junior Planner/Acting Secretary-Treasurer Andy Karaiskakis.
1. Communications and Correspondence
Correspondence to be addressed at the time of the specific hearing.
2. Disclosure of Pecuniary Interest
Member Garry Potter declared a conflict of interest regarding Application
2004-8-48 and did not participate in the discussion.
3. HearinQs:
Ingrid & Manfred Kolbe 2004-B-42
Cone. 13, Lot 22, Plan 1242 Part 1, Plan 952 Pt Blk A (Oro)
2298 Lakeshore Road E.
BE IT RESOLVED that:
Moved by Lynda Aiken, seconded by Allan Johnson
"That the Committee hereby grant Provisional Consent regarding Application
2004-8-42 subject to the following conditions:
1. That three copies of a Reference Plan of the subject land prepared by an
Ontario Land Surveyor be submitted to the Secretary-Treasurer;
2. That the applicant's solicitor prepare and submit a copy of the proposed
conveyance for the parcel severed, for review by the Municipality;
3. That the severed lands be merged in title with 2296 Lakeshore Road E.
and that the provisions of Subsection 3 or 5 of Section 50 of The Planning
Act apply to any subsequent conveyance or transaction involving the
subject lands;
4. That the applicants solicitor provide an undertaking that the severed lands
and the lands to be enhanced will merge in title;
5. That all municipal taxes be paid to the Township of Oro-Medonte; and,
6. That the conditions of consent imposed by the Committee be fulfilled
within one year from the date of the giving of the notice.
... ..Carried."
1
Morley & Mervyn Bell
Cone. 7, West Part Lot 8 (Medonte)
525 Ingram Road
2004-B-43
BE IT RESOLVED that:
Moved by Allan Johnson, seconded by Lynda Aiken
"That the Committee hereby grant Provisional Consent regarding Application
2004-8-43 as amended to a rear property line which would follow the top of the
bank of the southerly boundary of the Coldwater River and be subject to the
following conditions:
1. That three copies of a Reference Plan for the subject land indicating the
severed parcel be prepared by an Ontario Land Surveyor be submitted to
the Secretary-Treasurer;
2. That the applicant's solicitor prepare and submit a copy of the proposed
conveyance for the parcel severed, for review by the Municipality;
3. That the severed lands be merged in title with the lot described legally as
Conc. 7, West Part Lot 8, being Part 1 on Reference Plan 51 R-23064 and
that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act
apply to any subsequent conveyance or transaction involving the subject
lands;
4. That the applicants solicitor provide an undertaking that the severed lands
and the lands to be enhanced will merge in title;
5. That all municipal taxes be paid to the Township of Oro-Medonte; and,
6. That the conditions of consent imposed by the Committee be fulfilled
within one year from the date of the giving of the notice.
.....Carried."
2
Dale Plant
Cone. 9, Part Lot 10 (Oro)
744 Old Barrie Road E.
2004-B-45
BE IT RESOLVED that:
Moved by Allan Johnson, seconded by Garry Potter
"That the Committee hereby grant Provisional Consent regarding Application
2004-8-45 subject to the following conditions:
1. That three copies of a Reference Plan for the subject land indicating the
severed parcel be prepared by an Ontario Land Surveyor be submitted to
the Secretary-Treasurer;
2. That the applicant's solicitor prepare and submit a copy of the proposed
conveyance for the parcel severed, for review by the Municipality;
3. That the severed lands be merged in title with Knox Cemetery and that
the provisions of Subsection 3 or 5 of Section 50 of The Planning Act
apply to any subsequent conveyance or transaction involving the subject
lands;
4. That the applicants solicitor provide an undertaking that the severed lands
and the lands to be enhanced will merge in title;
5. That the applicant apply for and obtain a re-zoning on the severed land to
accurately reflect the institutional land use;
6. That all municipal taxes be paid to the Township of Oro-Medonte; and,
7. That the conditions of consent imposed by the Committee be fulfilled
within one year from the date of the giving of the notice.
.....Carried."
3
Derek & Tracey Rynard
Cone. 1, East Part Lot 6 (Orillia)
932 Line 15 N.
2004-B-46
BE IT RESOLVED that:
Moved by Lynda Aiken, seconded by Allan Johnson
"That the Committee hereby Defer Consent Application 2004-8-46 as per the
request of the applicant.
.....Carried."
4
Dan & Mary Rupke
Cone. 5, East Part Lot 23 & 24 (Oro)
432 Line 5 S.
2004-B-47
BE IT RESOLVED that:
Moved by Garry Potter, seconded by Michelle Lynch
"That the Committee hereby approve Consent Application 2004-8-47 subject to
the following conditions:
1. That three copies of a Reference Plan of the severed lot indicating the
easement as a separate Part on the same Reference Plan be prepared by
an Ontario Land Surveyor and be submitted to the Committee Secretary;
2. That the conditions of consent application 2004-8-38 have been satisfied;
3. That the applicant prepare and submit a copy of the proposed
conveyance for the easement, for review by the Municipality; and,
4. That the conditions of consent imposed by the Committee be fulfilled
within one year from the date of the giving of the notice.
.. ...Carried."
5
Leanne & Stacey Cunnington
Cone. 5, South-East Part Lot 20 (Oro)
30 Line 5 N.
2004-B-48
BE IT RESOLVED that:
Moved by Lynda Aiken, seconded by Michelle Lynch
"That the Committee hereby grant provisional consent for Application 2004-B-48
subject to the following conditions:
1. That three copies of a Reference Plan of the new lot be prepared by an
Ontario Land Surveyor and be submitted to the Secretary-Treasurer;
2. That the applicants' solicitor prepare and submit a copy of the proposed
conveyance for the parcel severed, for review by the Municipality;
3. That the applicant pay a cash-in-lieu of parkland levy in the amount of $
2000.00 in accordance with By-law 2004-076;
4. That the existing drainage be maintained to the satisfaction of the
Engineering Department;
5. That the applicants satisfy the comments of the Public Works Department
with regards to the natural water course running through the property and
that proposed buildings should not interfere with it;
6. That the applicants verify that the sewage system on the retained lot
meets the minimum required setbacks as per Part 8 of the Ontario
Building Code;
7. That the applicants obtain an entrance permit from the Roads
Department;
8. That the applicant pay a Development Charges Fee to the Township in
the amount determined by Council as of the date the fee is received by
the Township; and;
9. That the conditions of consent imposed by the Committee be fulfilled
within one year from the date of the giving of the notice.
.. ...Carried."
6
Alexander Rocke & Barbara Lawson Robertson
Cone. 1, North Part Lot 38, South Part Lot 39 (Oro)
3015 Penetanguishene Road
2004-B-49
BE IT RESOLVED that:
Moved by Michelle Lynch, seconded by Allan Johnson
"That the Committee hereby Defer Consent Application 2004-B-49 as per the
request of the applicant
.....Carried."
7
Larry Tupling
Concession 1, Plan 546, East Part Lot 6 (Orillia)
31 Bards Beach Road
2004-A-36
BE IT RESOLVED that:
Moved by Garry Potter, seconded by Allan Johnson
"That the Committee hereby Approve Minor Variance Application 2004-A-36 as
follows:
THAT PERMISSION TO EXPAND A LEGAL NON-COMPLYING USE IS
GRANTED FOR 31 BARDS BEACH ROAD FOR A 26.75 M2 (288 FT2)
UNENCLOSED PORCH WITH A ROOF OVERHANG TO BE LOCATED
AT THE REAR OF THE COTTAGE AND BEING SETBACK
APPROXIMATELY 10 METRES (33 FEET) FROM THE AVERAGE HIGH
WATER MARK OF BASS LAKE AND 1.5 METRES (5 FEET) FROM THE
INTERIOR SIDE YARD FOR THE WEST CORNER OF THE
UNENCLOSED PORCH
and subject to the following conditions:
1. That the appropriate building permit be obtained from the Township's
Chief Building Official only after the Committee's decision becomes final
and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13;
2. That an Ontario Land Surveyor provide verification to the Township of
compliance with the Committee's decision by 1) pinning the footing and 2)
verifying in writing prior to pouring of the foundation by way of survey/real
property report prepared by an Ontario Land Surveyor;
3. That the proposed unenclosed porch with a roof overhang be no closer
than 10 metres (33 feet) from the average high water mark of Bass Lake;
4. That the proposed unenclosed porch be no closer than 1.5 metres (5 feet)
from the interior side yard for the west corner of the porch; and,
5. That the setbacks be in conformity with the dimensions as set out in the
application and by the sketch submitted with the application and approved
by the Committee.
.....Carried."
8
Darren Vivian
Cone. 2, South Part Lot 4 (Orillia)
1147 Line 15 N.
A-24/02 (Revised)
BE IT RESOLVED that:
Moved by Allan Johnson, seconded by Michelle Lynch
"That the Committee hereby grant Minor Variance Application A-24/02 as
submitted and be subject to the following conditions:
1. That the applicant obtain a permit or written approval from the
Nottawasaga Valley Conservation Authority under the Conservation
Authorities Act prior to obtaining the building permit from the Township
Building Department;
2. That the applicant maintain the existing drainage to the satisfaction of
the Public Works Department;
3. That the applicant satisfy the comments of the Building Department with
regards to the design of the garage to include the requirements for
limiting distance in exterior wall construction and footing design for
footings within the water table;
4. That an Ontario Land Surveyor provide verification to the Township of
compliance with the Committee's decision by 1) pinning the footing and
2) verifying in writing prior to pouring of the foundation by way of
survey/real property report prepared by an Ontario Land Surveyor;
5. That the setbacks be in conformity with the dimensions as set out in the
application and by the sketch with the application and approved by the
Committee;
6. That the appropriate building permit be obtained from the Township's
Chief Building Official only after the Committee's decision becomes final
and binding, as provided for within the Planning Act R.S.O. 1990, c.P.
13;
7. That the attached garage be no larger than 66.88 m2 (720 ft2); and,
8. That the attached garage be located no closer 0.3 metres (1 foot) from
the interior side lot line.
.....Carried."
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6. Other business
-Revision of conditions for 2004-A-30 (Akers & Stavinga)
COMMITTEE OF ADJUSTMENT DECISION to MODIFY CONDITIONS OF
APPROVAL
WHEREAS Committee deems it necessary to clarify the conditions of the
minor variance and finds the modifications to be minor and of a technical
nature, and
WHEREAS Committee deems the changes to the conditions to be minor
and therefore no Notice of the change to conditions is required;
NOW THEREFORE BE IT RESOLVED that:
Moved by Garry Potter, seconded by Allan Johnson
"That the Conditions to Minor Variance Application 2004-A-30 be modified to
state:
1. That an Ontario Land Surveyor provide verification to the Township of
compliance with the Committee's decision by 1) pinning the footing and 2)
verifying in writing prior to pouring of the foundation by way of survey/real
property report prepared by an Ontario Land Surveyor;
2. That the interior area of the proposed boathouse be no larger than 83.2
m2 (896 ft2); in addition to a 5.46 m2 (58.8 ft2) unenclosed 'lean-to'
extension as illustrated on the sketch dated July 5, 2004 on 805
Woodland Drive;
3. That the applicants obtain approval from the Lake Simcoe Region
Conservation Authority for the proposed boathouse;
4. That the mean level between the eaves and ridge of the boathouse be no
more than 4.5 metres (14.7 feet) above the elevation of the average high
water mark of Lake Simcoe;
5. That the setbacks be in conformity with the dimensions as set out in the
application, as submitted; and,
6. That the appropriate building permit be obtained from the Township's Chief
Building Official only after the Committee's decision becomes final and
binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13.
... ..Carried."
10
-Revision of conditions for B-38/03 (Indian Park Association)
WHEREAS Committee may modify the conditions of Provisional Consent in
accordance with Section 53 (23) of the Planning Act R.S.O 1990. c.P. 13, as
amended.
WHEREAS Committee deems it necessary to amend the conditions of
Provisional Consent and finds the modifications to be minor and of a
technical nature, and
V¡fHEREAS Committee deems the changes to the conditions to be minor
and therefore, pursuant to Section 53(26) of the Planning Act, no Notice of
the change to conditions is required;
NOW THEREFORE BE IT RESOLVED that:
Moved by Allan Johnson, seconded by Lynda Aiken
"That the Conditions to Consent Application B-38/03 be modified to state:
1. That all municipal taxes be paid to the Township of Oro-Medonte;
2. That three copies of a draft Reference Plan, along with a digital copy, be
submitted to the Township for approval prior to registration;
3. That the severed lands be appropriately rezoned;
4. That the provisions of Subsection 3 or 5 of Section 50 of the Planning Act
apply to any subsequent conveyance or transaction involving the parcel of
land subject of this consent and the applicants solicitor provide an
undertaking in a form acceptable to the Township that the severed parcels
will merge in title with the abutting lots in accordance with the Committee's
decision;
5. That the Secretary-Treasurer be advised by the Roads Department that
all works required as a result of the approval have been completed; and,
6. That the conditions of consent imposed by the Committee be fulfilled
within one year from the date of the giving of this notice as noted below.
.....Carried."
Note: Condition 4 from decision dated October 29,2003 is removed
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-Discussion for November Committee of Adjustment Meeting
-Adoption of minutes for August 12, 2004 Meeting
4. Other Business
Moved by Garry Potter, Seconded by Allan Johnson
"That the minutes for the July 15th 2004 Meeting be adopted as printed
and circulated
...Carried."
5. Adjournment
Moved by Garry Potter, Seconded by Allan Johnson
"We do now adjourn at 12:40 p.m."
... Carried.
(NOTE: A tape of this meeting is available for review.)
J~
Secretary-Treasurer,
Andy Karaiskakis
12