01 13 2005 C of A Agenda
Thursdav January 13th 2005, 9:30 a.m.
1. Nomination and Election of Chairperson
2. Communications and Correspondence
- December 2004 OACA Newsletter
- 2005 OACA Seminar Registration - Friday April 8, 2005 (Owen
Sound)
3. Disclosure of Pecuniary Interest
4. Hearings:
9:30
2005-A-01
Paul & Karen Vandergeest
Cone. 4, North Part Lot 16 (Ora)
847 Line 3 N.
5. Decisions
6. Other business
-Adoption of minutes for December 16, 2004 Meeting
7. Adjournment
Township of Oro-Medonte
Committee of Adjustment
Planning Report for
January 13, 2005
Paul & Karen Vandergeest
2005-A-01
847 Line 3 N. Cone. 4, North Part Lot 16, (Oro)
THE PROPOSAL
The applicants are requesting permission from the Committee of Adjustment to expand a
legal non-conforming use by allowing a 69.5 m2 (749 ft2) single storey addition onto an
existing 204 m2 (2,196 fe) dwelling with a 51.65 m2 (556 ft2) attached garage. The applicants
are requesting the above noted relief as the subject property is zoned Rural Industrial (IR) 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 IR Zone, therefore permission to expand the non-
conforming use (the dwelling) is required.
MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS
Official Plan Designation -Agricultural
Zoning By-law 97-95 - Rural Industrial (IR) Zone
Previous Applications -
AGENCY COMMENTS (space is provided for the Committee to make notes)
Public Works- 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- No concerns
PLANNING FRAMEWORK
Background
The subject property has a lot frontage of approximately 82.6 metres (271 feet), a lot depth
of approximately 133.8 metres (439 feet) and a lot area of approximately 1.1 hectares (2.73
acres) and is presently occupied by a single detached dwelling, a workshop and a pool with
an accessory pool house.
The applicants wish to expand the existing dwelling by allowing a 69.5 m2 (749 fe) single
storey addition onto an existing 204 m2 (2,196 fe) dwelling with a 51.65 m2 (556 fe) attached
garage.
As noted, the existing single detached dwelling is not a permitted use in the IR 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.
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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 extension; and,
d) The possibilities of reducing these nuisances through buffering,
building setbacks, landscaping, site plan control and other means.
The property is designated Agricultural in the Official Plan. The primary function of this
designation is to protect land suitable for agricultural production from development and land
uses unrelated to agricultural and to preserve and promote the agricultural character of the
Township and the maintenance of the open countryside. Permitted uses in the Agricultural
designation includes single detached dwellings. As the dwelling on the lot already exists,
and the size of the addition is minor in comparison with the existing structure, it would satisfy
criteria (a). The proposed addition, which is an extension of the existing dwelling, maintains
the character of the dwelling and the surrounding area, would not increase any nuisance
factors 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 Rural Industrial (IR). The Zoning By-law does not permit
detached dwellings in the IR Zone. Based on site inspection, the addition should not
adversely impact surrounding features as the addition is considered reasonable in size and
are setback reasonably distant from property lines. 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 is compatible with the character of the surrounding area.
2. The requested expansion to a legal non-conforming use is considered to conform with
Section J2.2 of the Official Plan.
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RECOMMENDATIONS
It is recommended that Committee approve Minor Variance application 2005-A-01 as follows:
THAT PERMISSION TO EXPAND A LEGAL NON-COMPLYING STRUCTURE IS
GRANTED FOR 847 LINE 3 NORTH FOR A 69.5 M2 (749 FT2) SINGLE STOREY
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 dated December 14, 2004 and approved by the Committee;
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 so that the addition be no larger than 69.5 m2 (749 ft ); and,
3. 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;
All of which is respectfully submitted,
~
Andy Karaiskakis
Junior Planner
Reviewed by,
~J -1-crL
Andria Leigh, MCIP, RPP
Director of Planning
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