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12 16 2004 C of A Agenda Committee of Adiustment AQenda Thursdav December 16th 2004. 9:30 a.m. 1. Communications and Correspondence 2. Disclosure of Pecuniary Interest 3. Hearings: 9:30 2004-B-51 Glenn Bidwell Conc. 5, Part Lot 9 (Oro) 2085 Line 4 N. 9:40 2004-B-53 Michael & Colleen Gartner Conc. 3, Part Lots 27 & 28 RP 51R-25104 Part 1 (Oro) 1847 Ridge Road West 9:50 2004-A-41 Barriestar Developments Conc. 7, Part Lot 27 (Oro) 92 Lakeshore Road West 10:00 2004-A-42 Raymond & Kirsten Roberts Conc. 9, East Part Lot 20 (Oro) 50 Line 9 N. 10:10 2004-B-54 Douglas & Wayne Shelswell Conc. 13, Part Lots 19 & 20 RP 51R-10449 Part 1 (Oro) 10:20 2004-B-55 2004-B-56 Horseshoe Valley Resort Ltd. Conc. 3, East Y2 Lots 1, 2 (Medonte) 10:30 2004-B-57 Horseshoe Valley Resort Ltd. Conc. 3, East Y2 Lots 1, 2 (Medonte) 10:40 2004-B-58 New Millennium Homes. Conc. 3, East Y2 Lots 1, 2 (Medonte) 5. Decisions 6. Other business -Adoption of minutes for November 12, 2004 Meeting -Revise conditions for 2004-A-39 (Bell) 7. Adjournment Township of Oro-Medonte Committee of Adjustment Planning Report for December 16, 2004 Glenn Bidwell 2004-B-51 2085 Line 4 N., Concession 5, North Part Lot 9 (Oro) ,THE PROPOSAL The purpose of application 2004-B-51 is to permit the creation of a bona fide farm retirement lot. The land to be severed is proposed to have a lot frontage of 60.96 metres (200 feet), a lot depth of approximately 91.44 metres (300 feet) and a lot area of approximately 0.55 hectares (1.37 acres). The land proposed to be retained would have a lot area of approximately 39.9 hectares (98.6 acres). The application was deferred at the November hearing to allow the applicant to revise the proposed location of the driveway. The new driveway will be located approximately 3.05 metres (10 feet) from the north property line. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Agricultural Zoning By-law 97-95 - Agricultural/Rural (A/RU) Zone Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County - Public Works-The Roads Superintendent met Mr. Bidwell on site on Nov.25/04 and agreed to move entrance north to approximately 10 feet from the property line. This will give the proper sight line distance. Building Department-The Township Building Department has reviewed this application and note that the proposal appears to meet the minimum standards. Fire Department- Engineering Department- No concerns PLANNING FRAMEWORK Background The application was deferred at the November hearing to allow the applicant to revise the proposed location of the driveway. After meeting with the Roads Superintendent, Mr. Bidwell has relocated the new driveway entrance to be located approximately 3.05 metres (10 feet) from the north property line. Township Of Oro-Medonte Official Plan The subject property is designated Agricultural in the Official Plan. There are policies contained within Section D2.3.2 and D2.3.3 which should be considered by the Committee in relation to the subject application. As the intent of the Plan is to protect lands suitable for agriculture the creation of new lots for residential purposes is only permitted for use by a retiring bona fide farmer or is considered an infilling lot. Section 2.3.2.1 defines a bona fide farmer as "a full time farmer who is retiring from active working life and who has owned and operated a farm operation on the lot from which the severance is proposed for at least 10 years with such farm operation being in existence on January 1, 1994". The Committee should be satisfied that that applicant meets this definition; the application does indicate that Mr. Bidwell has owned the property for the past 24 years. Section D2.3.3 identifies the conditions under which new residential may be permitted: a) the lot from which the new lot is proposed to be created has an area of at least 36 hectares or is the whole of an original Township lot; b) a lot has not been severed from the parcel since March 26, 1973; c) the severed lot is to be located where it would have the least impact on existing and future agricultural operations; d) the proposed lot is no smaller than 0.4 hectares and generally no larger than 1.0 hectare; e) no portion of the severed lot is to be located closer than 200 metres to a barn or feedlot, regardless of whether it is being used for agricultural uses at the time the application is submitted, or the minimum distance required by the Minimum Separation Distance I and II, whichever is the greater; f) the proposed lot fronts onto an existing public road that is maintained year round by the Township, County or Province; g) the proposed lot will not cause a traffic hazard as a result of its location on a curve or a hill; and, h) the proposed lot can be serviced with an appropriate water supply and an appropriate means of sewage disposal. In reviewing the application submitted the property currently contains a lot area of 40.47 hectares which would satisfy subsection (a). There is no documentation at the Township office that indicates a severance from the subject property since 1973, satisfying criteria (b). The severed lot is located in the corner of the property which allows for the continued use of the remainder of the property for agricultural purposes and the proposed lot would have a lot area of approximately 0.55 hectares, meeting the minimum 0.4 hectare lot area requirement which would satisfy subsection (c) and (d). In reviewing the applicant's sketch it is evident that the proposed lot would meet the MDS requirements from the existing barn utilized by the farming operation. Favorable comments were received from the Roads Superintendent ensuring that the new location of the driveway entrance will give the proper sight distance and not cause a traffic hazard, satisfying subsections (f) and (g). Comments from the Building Department state that the proposal appears to meet the minimum requirements, satisfying criteria (h). If the Committee is satisfied that the applicant meets the definition of a bona fide farmer, then the application would be deemed to generally conform with the policies of the Official Plan. Zoning By-Law 97-95 If the proposed lot is approved, Committee should consider a condition that would rezone the severed lot to a residential zone, which would permit only residential uses on the proposed lot. The proposed lot if approved would comply with the zoning provision for frontage and area of the Rural Residential Two (RUR2) Zone. ANALYSIS The application generally conforms with the policies of the Agricultural designation subject to the Committee being satisfied that the applicant meets the definition of a bona fide farmer. CONCLUSIONS 1. The proposed consent conforms with the lot creation policies in Section D2.3.3 of the Official Plan as it pertains to agricultural lands. 2. In order to permit the creation of a new lot in the Agricultural designation, Committee must be satisfied that the applicant is a bona fide farmer, as indicated in Section D2.3.2.1 of the Official Plan. RECOMMENDATION If the Committee is satisfied that the applicant is a bona fide farmer, it is recommended that the Committee approve Consent Application 2004-B-51 subject to the following conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary; 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 applicant pay $ 2,000.00 for the lot created as cash-in-lieu of a parkland contribution; 4. That the applicant pay a Development Charges Fee in the amount of $3,833.44 (By-law 2004-082) to the Township; 5. That the driveway entrance be located no closer than 3.05 metres (10 feet) from the north property line; 6. That the applicant apply for and obtain a re-zoning on the severed land to accurately reflect the residential land use; 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. J~iS respectlully submitted, Andy Karaiskakis Junior Planner Reviewed by, .~,.-L --e.J Andria Leigh MCIP, RP~ Senior Planner Township of Oro-Medonte Committee of Adjustment Planning Report for December 16, 2004 Michael & Colleen Gartner 2004-B-53 Cone. 3, Part Lots 27 & 28, RP 51R-25104, Part 1 (Oro) THE PROPOSAL The purpose of application 2004-B-53 is to permit the creation of a new residential lot. The land to be severed is proposed to have a road frontage of approximately 46.64 metres (153 feet), a shoreline frontage of approximately 45.72 metres (150 feet), a lot depth of approximately 404.6 metres (1,327 feet) and a lot area of approximately 1.88 hectares (4.6 acres). The land proposed to be retained would have a road frontage of approximately 51.63 metres (169.4 feet), a shoreline frontage of approximately 84.05 metres (275.75 feet), a lot depth of approximately 404.6 metres (1,327 feet) and a lot area of approximately 3.18 hectares (7.87 acres). MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Rural & Shoreline Zoning By-law 97.95 - Agricultural/Rural (A/RU) & Shoreline Residential (SR) Zones Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County- Municipal Works and Roads- Building Department-The Township Building Dept. has reviewed this application and note that the applicants must verify that the sewage system meets the minimum required setbacks as per Part 8 of the Ontario Building Code. Also, the Department has no records on file for the sewage system. Fire Department- Engineering Department-No concerns PLANNING DEPARTMENT BACKGROUND The applicant is proposing to create a new residential lot with a road frontage of approximately 46.64 metres (153 feet), a shoreline frontage of approximately 45.72 metres (150 feet), a lot depth of approximately 404.6 metres (1,327 feet) and a lot area of approximately 1.88 hectares (4.6 acres). The retained lands would have a road frontage of approximately 51.63 metres (169.4 feet), a shoreline frontage of approximately 84.05 metres (275.75 feet), a lot depth of approximately 404.6 metres (1,327 feet) and a lot area of approximately 3.18 hectares (7 .87 acres). OFFICIAL PLAN The subject lands are designated Rural and Shoreline in the Oro-Medonte Official Plan. The property is split between the Rural designation for the northern half of the property adjacent to the Ridge Road and the Shoreline designation for the southern half of the property adjacent to Lake Simcoe. The policies applicable to this application are contained in Section D10 (Shoreline). The intent of the Shoreline policies is to maintain the existing character of this residential area, protect the natural features of the immediate shoreline, and ensure the development is appropriately serviced with water and sewer services. The policies do indicate that the creation of a new lot for residential use by consent to sever is permitted in a situation where the entire lot is not in the Shoreline designation, provided the dwelling unit is to be located on lands that are designated Shoreline. The applicants must verify to the Committee that the proposed building envelope for the dwelling will be within the Shoreline designation. Section D10-3.5 Preferred Means of Land Division - indicates that land division by plan of subdivision rather than consent shall generally be deemed necessary if: a) the extension of an existing public road or the development of a new public road is required to access the proposed lots/units (Modification #51); or, b) the extension of a municipal water or sewer system is required to service the proposed lots/units (Modification #51); or, c) the area that is proposed to be developed is not considered to be infilling; or, d) a Plan of Subdivision/Condominium (Modification #51) is required to ensure that the entire land holding or area is developed in an orderly and efficient manner; or, e) more than three new lots/units (Modification #51) are being created. The applicants are proposing the creation of one residential lot, have access on an existing public road, and would be considered infilling between existing residential properties. On this basis, the application would conform with the policies permitting the creation of a new residential lot by consent and not require the development to occur by a plan of subdivision. Section D10.3.7 New Residential lots by Consent - contains the policies required to be considered for any application to create a new residential lot by consent. These policies indicate: D10.3.7 New residential lots by consent The creation of new lots for a residential use by consent to sever is permitted, provided a Plan of Subdivision is not required in accordance with Section D10.3.5 and provided the proposed lot and the retained lot (Modification #53): a) fronts onto an existing public road that is maintained year round by a the Township or County; b) will not cause a traffic hazard as a result of its location on a curve or a hill; and, c) can be serviced with an appropriate water supply and means of sewage disposal. In addition, as a condition of consent to sever, the lands subject to the application and designated Shoreline by this Plan shall be placed in the Shoreline Residential (SR) Zone in the implementing Zoning By-law, if required. The application as proposed would appear to conform with these policies of the Official Plan subject to favorable comments being received from the County of Simcoe regarding access to the proposed parcel. On the basis of the comments noted above, and favorable comments being received from the County of Simcoe for road access, this application is deemed to generally conform with the intent and policies of the Official Plan. ZONING BY-LAW The subject property is zoned Agricultural/Rural (A/RU) and Shoreline Residential (SR) in the Township's Zoning By-law 97-95, as amended. The proposed and retained lots would comply with the minimum lot frontage and the minimum lot area in the AlRU Zone. As noted in the Official Plan policies, the proposed dwelling unit must be located on the lands that are designated Shoreline. Therefore, the new dwelling must conform with the provisions and setbacks in the SR Zone. However the consent will be subject to a condition to relocate the existing garage and dwelling on the retained lands as shown on the survey submitted with the application in order to ensure that once the severance has been created, the structures on the retained lot are not encroaching in the minimum required interior side setback. CONCLUSION In reviewing the application for the creation of one new residential lot, it would appear that the application conforms with the general intent of the Shoreline policies of the Official Plan and with the provisions of the Zoning By-law and would maintain the character of this residential area. R.::COMMENDATION It is recommended that Committee grant Consent application 2004-B-53 for the creation of a new residential lot subject to the following conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary; 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 applicant pay $ 2,000.00 for the lot created as cash-in-lieu of a parkland contribution; 4. That the applicant pay a Development Charges Fee in the amount of $3,833.44 (By-law 2004- 082) to the Township; 5. That the garage and dwelling on the retained lands be relocated to comply with the minimum required interior side yard setback; 6. That the applicants apply for and obtain a Driveway Entrance Permit from the County of Simcoe Roads and Engineering Department for the land to be severed; 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. All of which is respectfully submitted, A~ Andy Karaiskakis, Hons. B.A. Junior Planner Reviewed by, ~~ -I<h1 Andria Leigh, MCIP, ~PP Senior Planner Township of Oro-Medonte Committee of Adjustment Planning Report for December 16, 2004 Barriestar Developments 2004-A-41 92 Lakeshore Road West, Cone. 7, Part Lot 27 (Oro) TdE PROPOSAL Tile aprlicants are proposing to construct a 172 m2 (1 ,852 ff) 2 storey dwelling with an attached 42.4 m (457 ft2) garage and are requesting relief of the following provision from Zoning By-law 97- 95: Interior side yard setback -South-east corner of proposed garage -North-east corner of proposed dwelling -West side of proposed dwelling Required 3 metres (9.8 feet) 3 metres (9.8 feet) 3 metres (9.8 feet) Proposed 2.13 metres (6.9 feet) 2.74 metres (8.9 feet) 2.13 metres (6.9 feet) MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation -Shoreline Zoning By-law 97-95 - Shoreline Residential (SR) Zone Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County- Public Works- Existing driveway is too close to neighbours property Building Department - The Township Building Dept. has reviewed this application and note that the proposal appears to meet the minimum standards. Fire Department- Engineering Department-No Concerns PLANNING FRAMEWORK Background The subject property has a road frontage of approximately 15.24 metres (50 feet), a lot depth of approximately 45.72 metres (150 feet), and a lot area of approximatel~ 696.77 m2 (7,500 ft2). The lands are currently vacant. It is the applicants' intent to build a 172 m (1,852 ft2) 2 storey dwelling with an attached 42.4 m2 (457 ft2) garage. The proposed dwelling will be setback approximately 7.6 metres (24.9 feet) from the front property line, approximately 23.39 metres (76.7 feet) from the rear property line, 2.13 metres (6.9 feet) and 2.74 metres (8.9 feet) from the easterly interior lot line for the south-east corner and the north-east corner of the proposed attached garage and dwelling respectively and setback 2.13 metres (6.9 feet) from the westerly property line. The existing septic system is located in the rear yard and the well is intended to be located in the front yard. Do the variances conform to the general intent of the Official Plan? The property is designated Shoreline in the Official Plan. The intent of the Shoreline policies is to maintain the character of the residential area and to protect the natural features of the shoreline. The proposed minor variance, which would permit the construction of a single detached dwelling on a lot not adjacent to Lake Simcoe, is in keeping with the intent of the Official Plan. Do the variances conform to the general intent of the Zoning By-law? The subject lot is currently zoned Shoreline Residential (SR). One of the purposes or goals of maintaining setbacks in residential areas is to maintain a positive built form and visual quality. Based on site inspection, the proposed location of the dwelling will be consistent in relation to its front yard setback to the neighbouring dwellings. The neighbouring dwellings on either side of this property are single storey dwellings; the proposed two storey dwelling would not appear to maintain the consistency of this neighbourhood and could establish a precedent for future applications before the Committee. While it is recognized that there is a fence on the lot line with the neighbour to the east, this does not provide adequate buffering of the potential impact of this construction on that neighbouring lot. While the option chosen by the applicant to have a slight reduction from both interior lot lines rather than all on one side lot line is preferred; the amount of variance requested in conjunction with the proposed floor area is not deemed to generally conform with the intent of the Zoning By- law. Are the variances appropriate for the desirable development of the lot? The desirable development of the lot would allow for a residential dwelling to be constructed in accordance with the provisions of the Zoning By-law. While the granting of the variance would only provide for lot coverage of 30%, the actual proposed dwelling would establish a building envelope which is 10.97 metres (36 feet) wide and 14.732 metres (48' 4") long. The proposed dwelling would not appear to be in keeping with the neighbouring properties. On this basis, the variance proposed is not considered appropriate for the desirable development of the lot. Are the variances minor? While it is recognized that the applicant's have only applied for relief from the side yard setback and that the existing lot is non-complying as it does not meet the minimum lot frontage or lot area requirements in By-law 97-95; the approval of this variance to permit the construction of a two storey dwelling adjacent to both single storey dwellings would not appear to be minor. CONCLUSIONS The requested variances do not satisfy the four tests of a minor variance as noted above. The application should be reviewed further to determine if a smaller dwelling could be constructed on the lot to maintain more suitable side yard setbacks and satisfy the four tests of a minor variance. 2 RECOMMENDATIONS It is recommended that the Committee Defer Minor Variance Application 2004-A-41 to allow the applicant to consider amending the proposal to satisfy the tests of a Minor Variance as identified above. All of which is respectfully submitted, -=,~~~ -t!-of Alldria Leigh, MCIP, RPP Senior Planner 3 Township of Oro-Medonte Committee of Adjustment Planning Report for December 16, 2004 Raymond & Kirsten Roberts 2004-A-42 50 Line 9 N. Cone. 9, East Part Lot 20, (Oro) THE PROPOSAL The applicants are requesting permission from the Committee of Adjustment to expand a legal non-conforming use by allowing a 102.5m2 (1104 If) single storey addition and a 13.3m2 (144 ft2) mudroom with a landing addition onto an existing dwelling. The applicants are requesting the above noted relief as the subject property is zoned Economic Development (ED) in the Township of Oro-Medonte Zoning By-law 97-95 as amended, with a single detached dwelling not being a permitted use in the ED Zone, therefore permission to expand the non-conforming use (the dwelling) is required. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation -Industrial Zoning By-law 97-95 - Economic Development (ED) Zone Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Public Works- No Road Concerns Building Department - The Township Building Dept has reviewed this application and note that the proposal appears to meet the minimum standards. Fire Department Engineering Department- No concerns (Already constructed) MTO- No objection. Should the addition and deck be utilized for a residential use, a ministry building/land use permit will not be required PLANNING FRAMEWORK Background The subject property has a lot frontage along Line 9 of approximately 68 metres (223 feet) and a lot area of approximately 1.7 hectares (4.29 acres) and is presently occupied by a single detached dwelling with various outbuildings and numerous boats stored on the lot. A building permit was issued in October 2004 for an addition to the dwelling, which is located at the north side of the existing dwelling and for a mudroom and landing addition being located at the westerly portion of the dwelling. At that time, it was not detected that the residential use on the lot is not permitted in the Economic Development Zone. As a result, the applicant's dwelling is a legal non-complying use and permission is required from the Committee of Adjustment to expand the use. 1 Section 45 (2) (a) (i) of the Planning Act states that Committee may permit the enlargement of any building or structure where the use of the structure was lawfully used for that purpose prohibited by the by-law on the day the by-law was passed. The existing structure predates the passage of the Township's By-law, being November 5, 1997. Applications for expansions of non-conforming uses are guided by the policies set out in Section J2.2 of the Official Plan and not the standard four tests for minor variance applications. Section J2.2 of the Township's Official Plan sets out the following policies to guide the Committee in considering expansions to legal non-conforming uses: a) The size of the extension in relation to the existing operation; b) Whether the proposed extension is compatible with the character of the surrounding area; c) The characteristics of the existing use in relation to noise, vibration, fumes, dust....and the degree to which any of these factors may be increased or decreased by the e,xtension; and, d) The possibilities of reducing these nuisances through buffering, building setbacks, landscaping, site plan control and other means. The property is designated Industrial in the Official Plan. The primary function of this designation is to ensure that the design of new industrial development is sensitive to the rural character of the Township and contributes to the improvement of the appearance of the Highway 11 Corridor. Permitted uses in the Industrial designation do not include residential uses. As the dwelling on the lot already exists, and the sizes of the additions are comparable with the existing structure, it would satisfy criteria (a). The proposed additions, which are extensions of the existing dwelling, maintain the character of the dwelling, and are not additions that relate to noise, fumes or any other nuisances would appear to maintain the character of the surrounding area and would therefore conform with criteria (b), (c) and (d). Therefore, the proposal appears to conform with the intent of the policies contained in the Official Plan. The subject lot is currently zoned Economic Development (ED). The Zoning By-law does not permit detached dwellings in the ED Zone. Based on site inspection, the additions, which are existing, should not adversely impact surrounding features as the additions are considered reasonable in size and are setback reasonably distant from a road allowance. Therefore the proposal is considered to conform with the general intent of the By-law. CONCLUSIONS 1. The requested permission to expand a legal non-conforming use represents a minor expansion that will have little or no impact on the environmental features or functions of the area. 2. The requested expansion to a legal non-conforming use is considered to conform with Section J2.2 of the Official Plan. 2 RECOMMENDATIONS It is recommended that Committee approve application 2004-A-42 as follows: THAT PERMISSION TO EXPAND A LEGAL NON-COMPLYING STRUCTURE IS GRANTED FOR 50 LINE 9 NORTH FOR A 102.5M2 (1104 FT2) SINGLE STOREY ADDITION AND A 13.3M2 (144 FT2) MUDROOM WITH A LANDING ADDITION ONTO AN EXISTING DWELLING and subject to the following conditions: 1. That the setbacks be in conformity with the dimensions as set out in the application and on the sketch submitted and approved by the Committee; and, 2. That the applicants contact the Ministry of Transportation to discuss the ministry's requirements to obtain the necessary permit applications for all commercial signage on site. All of which is respectfully submitted, l~ Andy Karaiskakis Junior Planner Reviewed by, A ~ ~ol- Andria Leigh, MCIP, RPP Senior Planner 3 Township of Oro-Medonte Committee of Adjustment Planning Report for December 16, 2004 Doug/as & Wayne She/swell 2004-8-54 Concession 13, Part Lots 19 & 20, RP 51R-10449 Part 1(Oro) 1 HE PROPOSAL The purpose of application 2004-B-54 is to permit a boundary adjustmenVlot addition. The land to be conveyed and added to the lot immediately to the north, 4500 Highway 11, would have a lot frontage of approximately 30.48 metres (100 feet) an irregular lot depth of approximately 51.95 metres (170.4 feet) and having a lot area of approximately 1,299.98 metres2 (13,992.8 feee). The land proposed to be retained, Conc.13, Part Lots 19 & 20, would have a lot area of approximately 43.3 hectares (107 acres). No new building lots will be created as a result of this boundary adjustment. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Agricultural Zoning By-law 97-95 - Agricultural/Rural (A/RU) Zone Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County- Municipal Works and Roads- Location of driveway to be determined with entrance permit Building Department- The Township Building Dept has reviewed this application and note that the proposal appears to meet the minimum standards. Fire Department- Engineering Department-No Concerns MTO- Prior to acquiring the buildinglland use permit, a site plan detailing any works proposed on the site is to be submitted for review and approval. All signage on the subject site must be placed under a ministry issued sign permit. PLANNING DEPARTMENT BACKGROUND The purpose of this application is to convey and add approximately 1,299.98 metres2 (13,992.8 feee) from the subject property to the lot immediately to the north, 4500 Highway 11, to be used for access to the lot. The land to be retained by the applicant would have an area of approximately 43.3 hectares (107 acres), which is the site of an agricultural operation. OFFICIAL PLAN Section 02.3.4 of the Official Plan provides a specific policy to allow Committee to consider applications for farm consolidations and boundary adjustments in the Agricultural designation. The policy states: Boundary line adjustments or farm consolidations may be considered where the effect of the boundary adjustment or consolidation is to improve the viability of the farm operation provided: a) no new lot is created; and, b) the viability of using the lands affected by the. application for agricultural uses is not adversely impacted if the application is approved. In reviewing the application, no new building lots will be created, and the existing farm operation will continue to exist. The limited amount of land to be conveyed does not appear to affect the viability of using the lands for the agricultural operation. On this basis, the application would generally conform to the Official Plan. ZONING BY-LAW The subject property is currently zoned Agricultural/Rural (AIRU) in the Township's Zoning By-law 97-95, as amended. The severed and retained lots would comply with the minimum frontage and area requirements of the (AIRU) Zone. On this basis, the application would generally conform with the policies of the Zoning By-law. CONCLUSION The application generally conforms to the policies of the Agricultural designation and the retained lands would comply with the minimum frontage and area requirements of the (AIRU) Zone. No new building lots are being created. RECOMMENDATION It is recommended that the Committee grant Provisional Consent regarding Application 2004-8-54 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 4500 Highway 11 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 owners of 4500 Highway 11 contact the Ministry of Transportation to discuss the ministry's requirements to obtain the necessary permit applications for review and approval, prior to acquiring the municipal building permit; 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. All of which is respectfully submitted, !~ Andy Karaiskakis Junior Planner Reviewed by, ~~-ty- Andria Leigh MCIP, RPP Senior Planner Township of Oro-Medonte Committee of Adjustment Planning Report for December 16, 2004 Horseshoe Valley Resort Limited 2004-B-55 & 2004-B-56 Concession 3, Part East Half Lots 1 & 2, Part 41 on RP 51R-32830 and Cone. 3, Part East H'3lf Lots 1 & 2, being Parts 2,10,11,12,13,15,18,21, Part of 24, 31, 36, 37, 38, 39, 40, 44, add 45 on RP 51 R-32830 (Medonte) THE PROPOSAL The applicant is proposing to create a new lot. The new lot is to have an area of 0.70 hectares (1.73 acres) for the construction of 10 town homes. The new lot is identified as Part 41 on the attached survey and is being heard in conjunction with Application 2004-B-56 which would permit an easement to the proposed lot. The purpose of application 2004-B-56 is to permit an easementlright-of-way from Horseshoe Valley Resort to New Millennium Homes. The proposed easement would be used to access a proposed lot being Part 41 on 51 R-32830. The proposed easement is identified as Parts 2, 10, 11, 12, 13, 15, 18, 21, Part of 24, 31, 36, 37, 38, 39, 40, 44, and 45. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Horseshoe Valley Settlement Node - Horseshoe Valley Village Zoning By-law 97-95 - Future Development Exception (FD*67) Zone Previous Applications - 2004-B-29, 2004-B-30, 2004-B-31, 2004-B-32 AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County- Municipal Works and Roads- No concerns Building Department- The Township Building Dept. has reviewed this application and note that the proposal appears to meet the minimum standards. Fire Department Engineering Department- PLANNING FRAMEWORK Background The purpose of the application is to create a new lot and easement for the purpose of establishing a development parcel for a 10 unit town house condominium development. The proposed lot would have an area of 0.70 hectares (1.73 acres) and would be located adjacent to the new 24 unit town house development which is currently under construction. This would be similar to the applications (2004-B-31 & 2004-B-32) granted by the Committee in July 2004 for the 24 unit townhouse development by the same applicant. Township of Oro-Medonte Official Plan The subject lands are designated Horseshoe Valley Village in the Township's Official Plan. Section E2.5.3.1 of the Official Plan specifically permits medium density residential uses and non- residential uses in the Horseshoe Valley Village designation. There is currently no permission in the Official Plan for low density residential uses. Section E.2.5.3.2 of the Plan also requires the preparation of a Comprehensive Development Plan (CDP) for lands in the Horseshoe Valley Village designation. The policy states: No new development shall be approved in the Horseshoe Valley Village designation until a Comprehensive Development Plan (COP) applying to aI/lands within the Horseshoe Valley Village designation and the traffic study described in Section E2.5.1 are prepared to the satisfaction of Council. With respect to the applicant's request to obtain a right-of way for access to the proposed lot, Committee is aware of Section H1.4.2 of the Plan which only permits the granting of easements to existing land locked parcels. However, Section H1.4.2 provides an exemption for private roads as follows: It is a policy of the Township to restrict development on private roads or individual rights-of-way, unless the private road is in a Plan of Condominium. ANALYSIS In accordance with Section E2.5.3.2 of the Official Plan, Horseshoe Resort completed a Comprehensive Development Plan (CDP) to act as a guide for the overall development of lands within the Horseshoe Valley Village designation. The CDP was approved by Council at a Special Meeting on August 21, 2003. The CDP identified the lands which are the subject of this application as an area for a 10 unit townhouse development and therefore this application would be considered appropriate given the approval in principle already given by Council through the CDP. However, at this time there is no indication that adequate water and sewage servicing are available to service this proposal. The Engineering Department has also indicated that there have some technical concerns with how this proposal will be connected to the existing 24 unit Townhomes as it relates to roads, water, and sewage. On this basis, it is recommended that these applications be deferred at this time to allow the applicant to provide to the Township additional information to satisfy these matters. RECOMMENDATION It is recommended that the Committee Defer Consent for applications 2004-B-55 and 2004-8-56 to allow the applicant an opportunity to provide additional information regarding adequate servicing of the proposed 10 unit town home. AIII;;;:'SPectfUIIY submitted. A.,dy Karaiskakis, Hons. B.A. Junior Planner Reviewed by, AJ. -l~ Andria Leigh, MCIP, RPP Senior Planner Township of Oro-Medonte Committee of Adjustment Planning Report for December 16, 2004 Horseshoe Valley Resort 2004-B-57 Conc. 3, Part East Half Lots 1 & 2, being Parts 2, 13, 15, 18,21, Part of 24,36,37,38,39, and 40 on Reference Plan 51 R-32830 (Medonte) THE PROPOSAL The purpose of application 2004-B-57 is to permit an easement/right-of-way from Horseshoe Valley Resort to Bell Canada. The proposed easement would be used for future telephone services. The proposed easement is identified as Parts 2, 13, 15, 18, 21, Part of 24, 36, 37, 38, 39, and 40 on Reference Plan 51 R-32830. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Horseshoe Valley Settlement Node - Horseshoe Valley Village Zoning By-law 97-95 - Future Development Exception (FD*67) Zone Previous Applications - B-26/03 (Phone Easement) AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Municipal Works and Roads -No Concerns Building Department- The Township Building Dept. has reviewed this application and note that the proposal appears to meet the minimum standards. Fire Department Engineering Department- PLANNING FRAMEWORK Background The purpose of the application is to convey an easement from Horseshoe Valley Resort to Bell Canada for the purpose of providing telephone utilities over Horseshoe lands to the current and proposed New Millennium town home condominium projects. Township of Oro-Medonte Official Plan The subject lands are designated Horseshoe Valley Village in the Horseshoe Special Policy Area in the Township's Official Plan. The Official Plan is currently silent regarding the conveyance of easements or right-of-ways for the proposed purpose, therefore the application would not offend the policies. ANALYSIS The proposed easement has been requested to formalize a legal interest in the land for New Millennium Homes. The application does not offend the intent of the Official Plan as it applies to the Horseshoe Valley Settlement Area. RECOMMENDATION It is recommended that Committee Grant Provisional Consent for application 2004-B-57 subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the easement 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 easement granted be for the exclusive use of telephone utilities to serve the New Millennium Homes phases; and, 4. 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. All of which is respectfully submitted, A~ Andy Karaiskakis, Hons.B.A. Junior Planner Reviewed by, ----1.-L -e ~oA- Andria Leigh, MCIP, RPP Senior Planner Township of Oro-Medonte Committee of Adjustment Planning Report for December 16, 2004 New Millennium Homes 2004-B-58 Conc. 3, Part East Half Lots 1 & 2, being Part 4 on Reference Plan 51 R-32830 (Medonte) -THE PROPOSAL The purpose of application 2004-B-58 is to permit an easement/right-of-way from New Millennium Homes to American Water Services. The proposed easement would be used for future waterline and sewage ser\liCing. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Horseshoe Valley Settlement Node - Horseshoe Valley Village Zoning By-law 97-95 - Future Development Exception (FD*67) Zone Previous Applications - B-27/03 (Water Line Easement) AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Municipal Works and Roads -No Concerns Building Department- The Township Building Dept. has reviewed this application and note that the proposal appears to meet the minimum standards. Fire Department Engineering Department- PLANNING FRAMEWORK Background The purpose of the application is to convey an easement from New Millennium Homes to American Water Services for the purpose of providing a water line and for expandable sewage easements over the entire Part 4 and to the proposed New Millennium town home condominium project. Township of Oro-Medonte Official Plan The subject lands are designated Horseshoe Valley Village in the Horseshoe Special Policy Area in the Township's Official Plan. The Official Plan is currently silent regarding the conveyance of easements or right-of-ways for the proposed purpose, therefore the application would not offend the poliCies. ANALYSIS The proposed easement has been requested to formalize a legal interest in the land for New Millennium Homes utilities. The application does not offend the intent of the Official Plan as it applies to the Horseshoe Valley Settlement Area. RECOMMENDATION It is recommended that Committee Grant Provisional Consent for application 2004-B-58 subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the easement and 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 proposed easement, for review by the Municipality; 3. That the easement granted be for the exclusive use of waterline and sewage servicing to serve the New Millennium Homes phases; and, 4. 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. All of which is respectfully submitted, ~~ Andy Karaiskakis, Hons.B.A. Junior Planner Reviewed by, .---1J -eoi-' Andria Leigh, MCIP, RPP Senior Planner Committee of Adjustment Minutes Fridav November 12. 2004. 9:30 a.m. In Attendance: Chairman Dave Edwards, Member Lynda Aiken, Member Allan Johnson, Member Michelle Lynch, Member Garry Potter, 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 Pecuniarv Interest None 3. HearinQs: 9:30 Glenn Bidwell Cone. 5, Part Lot 9 (Oro) 2085 Line 4 N. 2004-B-51 In Attendance: Mr. & Mrs. Bidwell, owners BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Michelle Lynch "That the Committee hereby Defer Consent Application 2004-8-51 to allow favorable comments to be received from the Roads Department. .. ...Carried." Committee of Adjustment-November 12, 2004 Page 1 9:40 Joyce Elizabeth Mclean Conc.4, West Part lot 15 (Oro) 147215/16 Sideroad West 2004-B-52 In Attendance: Mr. & Mrs. Mclean, owners, Mrs. Caldwell Acting Secretary-Treasurer read letter from Christine Gutmann, Environmental Planner, County of Simcoe, dated November 11, 2004 verbatim to the Committee members and those present in the audience. BE IT RESOLVED that: Moved by Ga.rry Potter, seconded by Allan Johnson "That the Committee hereby Approve Consent Application 2004-B-52 subject to the following conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary; 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 applicant pay $ 2,000.00 for the lot created as cash-in-lieu of a parkland contribution; 4. That the applicants verify that the sewage system meets the minimum required setbacks as per Part 8 of the Ontario Building Code; 5. That the applicant apply for and obtain a re-zoning on the severed land to accurately reflect the residential land use; 6. Favorable comments from the Roads Department be received for the severed lot; 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. C . d" ..... arne . Committee of Adjustment-November 12, 2004 Page 2 9:50 Alexander Rocke & 2004-B-49(Revised) Barbara Robertson Cone. 1, North Part Lot 38, South Part Lot 39 (Oro) 3015 Penetanguishene Road In Attendance: Barbara Robertson, owner Acting Secretary-Treasurer read letter from Christine Gutmann, Environmental Planner, County of Simcoe, dated November 11, 2004 verbatim to the Committee members and those present in the audience. BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Lynda Aiken "That the Committee hereby Approve Consent Application 2004-B-49 as revised subject to the following conditions: 1. That three copies of a Reference Plan of the severed land prepared by an Ontario Land Surveyor be submitted to the Committee Secretary; 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 applicant pay $ 2,000.00 as cash-in-lieu of a parkland dedication; 4. That the applicants verify that the sewage system meets the minimum required setbacks as per Part 8 of the Ontario Building Code; and, 5. That the conditions of consent imposed by the Committee be fulfilled within one year fram the date of the giving of the notice. ... ..Carried." Committee of Adjustment-November 12,2004 Page 3 4. Other Business -Adoption of minutes for October 14, 2004 Meeting Moved by Allan Johnson, Seconded by Lynda Aiken "That the minutes for the October 14th 2004 Meeting be adopted as printed and circulated ...Carried." 5. Adjournment Moved by Allan Johnson, Seconded by Michelle Lynch "We do now adjourn at 11 :00 a.m." ... Carried." (NOTE: A tape of this meeting is available for review.) Chairperson, Dave Edwards Secretary-Treasurer, Andy Karaiskakis Committee of Adjustment-November 12, 2004 Page 4