Loading...
02 10 2005 C of A Agenda . Committee of Adiustment AQenda Thursdav February 10th 2005. 9:30 a.m. 1. Communications and Correspondence 2. Disclosure of Pecuniary Interest 3. Hearings: 9:30 2005-B-01 Charles Ivey Cone. 5, Part Lot 6 (Oro) 2479 Line 4 N. 9:40 2005-B-02 Harry Eisses & John Eisses Cone. 3, Part Lots 26 & 27 (Ora) 975 Line 2 S. 9:50 2005-A-02 Carolyn Charlene Clark Cone. 1, Plan 1, Part Lots 14, 15, Part 2 on 51 R-32684 (Oro) 71 Barrie Terrace 10:00 2005-A-03 Township Initiated - Laurel View Homes Phase 1 Plan 741, Lots 4, 14, 28, 32, 38, 57 & 65 (Oro) 10:10 2005-B-03 Carol & Dalton Chapman Cone. 9, West Part Lot 7, 51R- 22327, Part 1 (Medonte) 370 Warminster Sideroad 10:20 A-19/03 (Rev) Bowman Construction Plan M-10, Lot 14 (Medonte) 13 Pine Ridge Trail 5. Decisions 6. Other business -Adoption of minutes for January 13, 2005 Meeting 7. Adjournment Committee of Adiustment Minutes Thursdav Januarv 13. 2005. 9:30 a.m. In Attendance: Chairman Dave Edwards, Member Lynda Aiken, Member Allan Johnson, Member Michelle Lynch, Member Garry Potter and Junior Planner/Acting Secretary-Treasurer Andy Karaiskakis. Absent Staff: Director of Planning Andria Leigh 1. Nomination and Election of Chairman The Secretary-Treasurer opened the floor for nominations for the position of Chairman for the year 2005 Moved by Garry Potter, seconded by Dave Edwards That Allan Johnson be nominated for the position of Chairman. Moved by Michelle Lynch, seconded by Lynda Aiken That the nominations for the position of chairman be closed. The Secretary-Treasurer asked Mr. Johnson if he would stand for the position of Chairman and Mr. Johnson accepted. 2. Communications and Correspondence -December 2004 OACA Newsletter Moved by Lynda Aiken, seconded by Michelle Lynch That the Ontario Association of Committees of Adjustments Newsletter of December 2004 be received. 3. Disclosure of Pecuniary Interest None Committee of Adjustment-January 13, 2005 Page 1 4. Hearinas: 9:30 Paul & Karen Vandergeest Cone. 4, North Part Lot 16 (Oro) 847 Line 3 N. 2005-A-01 In Attendance: Ms. Karen Vandergeest, owner BE IT RESOLVED that: Moved by Garry Potter, seconded by Dave Edwards "That the Committee hereby 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 ft2); 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, cP. 13. .....Carried." Committee of Adjustment-January 13, 2005 Page 2 6. Other Business - Adoption of minutes for December 16, 2004 Meeting Moved by Lynda Aiken, Seconded by Michelle Lynch "That the minutes for the December 16th 2004 Meeting be adopted as printed and circulated ...Carried." 7. Adiournment Moved by Dave Edwards, Seconded by Lynda Aiken "We do now adjourn at 9:55 a.m." ... Carried." (NOTE: A tape of this meeting is available for review.) Chairperson, Allan Johnson Secretary-Treasurer, Andy Karaiskakis Committee of Adjustment~January 13, 2005 Page 3 Township of Oro-Medonte Committee of Adjustment Planning Report for February 10, 2005 Charles Ivey 2005-8-01 2479 Line 4 N. Concession 5, Part Lot 6 (Oro) THE PROPOSAL The applicant has applied for consent for a technical severance to create a new lot. The lands proposed to be severed would have a lot frontage of approximately 292 metres (958 It), a lot depth of approximately 304 metres (997 It) and a lot area of approximately 10.1 hectares (25 acres). The lands to be retained would have a lot area of approximately 40.47 hectares (100 acres). MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Rural & Environmental Protection Two Overlay Zoning By-law 97-95 - Agricultural/Rural (A/RU) Zone & Mineral Aggregate Two (MAR2) Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County- Public Works- Building Department- The Township Building Dept. has reviewed this application and make note that the proposal appears to meet the minimum standards Fire Department- Engineering Department-No concerns PLANNING DEPARTMENT Background The subject lands presently exist as a single 49.77 hectare (123 acre) parcel with approximately 623 metres (2,043.9 feet) fronting on Line 4 North and approximately 957 meters (3.139.7Ieet) of frontage along Bass Lake Sideroad. In 1901, Mr. William Hutchinson claimed title to the 25 acres legally described as the north-west quarter of the east half of lot 6, Concession 5. In 1917, Mr. Hutchinson took possession of the 100 acres described as the west half of lot 6, Concession 5. At the time of this transfer, the parcels merged. In 1987, a 2 acre lot was severed off from the north-west quarter of the east half of lot 6. Later that year, Mr. Charles Ivey and Ms. Nancy Williams took possession of the remaining 123 acre parcel, and in 1995 Mr. Ivey became the sole owner of the parcel. The purpose of this technical severance is to sever the vacant north-west quarter of the east half of lot 6. OFFICIAL PLAN Section 03.3.7 of the Official Plan provides a specific policy to allow Committee to consider applications to re-divide large parcels of agricultural land which have merged in title. The policy states: The creation of new lots to correct a situation where two or more lots have merged on title may be permitted, provided the Committee of Adjustment is satisfied that the new lot: . was once separate conveyable lot in accordance with the Planning Act; . is of the same shape and size as the lot which once existed as a separate conveyable lot; . can be adequately serviced by on-site sewage and water systems; . fronts on a public road that is maintained year-round by a public authority; and . an entrance permit is available for the new driveway accessing the severed lot from the appropriate authority, if required. In order to confirm that the lot to be created was once a conveyable lot, the Committee of Adjustment received registered deeds which indicate that the lots were once legally conveyable. Based on the site inspection, it was determined that the severed lot, which fronts on an assumed public road, Bass Lake Side Road, could be serviced with on-site sewage and water systems. ZONING BY-LAW 97-95 If Committee approves the application, both the severed and retained lots would comply with the minimum area and frontage requirements of Zoning By-law 97-95. ANALYSIS The proposal appears to meet the criteria required by Section D3.3.7 of the Official Plan. By reviewing the deeds provided by the applicants, they confirm the merger between the 100 acre and 25 acre parcels. The Committee has, on previous applications (2004-B-23), permitted the re-creation of the lots being generally the same size and shape in accordance with the policy. CONCLUSION On the basis of the above, the proposed consent generally conforms with the policies of the Official Plan as they pertain to lands which have merged on title. RECOMMENDATION It is recommended that Committee Grant Consent Application 2005-B-01 subject to the following list of conditions: 1. That three copies of a Reference Plan for the subject lands indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary-Treasurer; 2. That the applicant prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That all municipal taxes be paid to the Township of Oro-Medonte; 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. All of which is respectfully submitted, ~ Andy Karaiskakis Junior Planner Reviewed by, ~J ~ui Andria Leigh, MCIP, RPP Director of. Planning AP FOR CONSENT A LlCATION 2005-8-01 (IVEY) t 100 0 II I I I I 100 Meters I West 1/2 Lot 6 Concession 5 LANDS PROPOSED TO BE RETAINED Severed 1987 LANDS PROPOSED TO BE SEVERED North-West 1/4 \ \ of the East Half Lo \ Concession 5 \ \ \ Township of Ora-Medonte Committee of Adjustment Planning Report for February 10, 2005 Harry Eisses & John Eisses 2005.8-02 Concession 3, Part Lots 29 & 27(Oro) 975 Line 2 South THE PROPOSAL The purpose of application 2005-B-02 is to permit a boundary adjustment/lot addition. The land to be conveyed and added to the lot immediately to the east, 918 line 3 S., would have a lot frontage of approximately 375.75 metres (1,232.77 feet) along line 2 South, a lot depth of approximately 239.39 metres (785.4 feet) and a lot area of approximately 9.7 hectares (23.9 acres). The land proposed to be retained, 975 line 2 South, would have a lot frontage of approximately 50 metres (164 feet) a lot depth of approximately 80 metres (262.46 feet) and a lot area of approximately 0.4 hectares (0.98 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 - AgriculturalfRural (AfRU) Zone Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County- Municipal Works and Roads- No road concerns Building Department- The Township Building Dept has reviewed this application and note that the applicant must verify that the sewage system meets the minimum required setbacks as per Part 8 of the Ontario Building Code. Fire Department- Engineering Department-No Concerns PLANNING DEPARTMENT BACKGROUND The purpose of this application is to convey and add approximately 9.7 hectares (23.9 acres) to the lot immediately to the east of the subject property, 918 line 3 S., to be added to the existing agricultural operation. The land to be retained by the applicant would have an area of approximately 0.4 hectares (0.98 acres), which contains an existing single detached dwelling and a metal clad shed. 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 land to be conveyed will improve the viability of the farm operation and will not adversely impact the agricultural use. On this basis, the application would generally conform to the Official Plan. ZONING BY-LAW The subject property is currently zoned Agricultural/Rural (AlRU) in the Township's Zoning By-law 97-95, as amended. The severed lot would continue to comply with the provisions of the AlRU zone for agricultural purposes and the retained lot would continue to comply with the provisions of the AlRU for residential purposes. As a condition of provisional approval, the applicants must verify that the sewage system meets the required setbacks to the proposed lot lines. The applicant's solicitor confirmed that the existing metal clad shed would be converted to a detached accessory building which would meet the provisions under Section 5.1 of Zoning By-law 97-95, as amended. He also confirmed that any livestock will be located on the severed lands, not on the retained parts. The application would therefore 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 (A/RU) Zone. No new building lots are being created. RECOMMENDATION It is recommended that the Committee grant Provisional Consent regarding Application 2005-B-02 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 918 Line 3 North 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 applicants solicitor provide an undertaking that the metal clad shed has been fully converted to a residential accessory building/structure, not relating to an agricultural operation; 6. That the applicants verify that the sewage system meets the minimum required setbacks to property lines as per Part 8 of the Ontario Building Code; 7. That all municipal taxes be paid to the Township of Oro-Medonte; and, 8. 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, 1. V ",.JIIL A~vv I Andy Karaiskakis Junior Planner Reviewed by, ~~ -e-yt Andria Leigh MCIP, RPP Director of Planning Township of Oro-Medonte Committee of Adjustment Planning Report for February 10, 2005 Carolyn Clark 2005-A-02 71 Barrie Terrace, Cone. 1, Plan 1, Part Lots 14, 15, Part 2, 51R-32684 (Oro) THE PROPOSAL The applicant is requesting permission from the Committee of Adjustment to permit an enlargement of the existing legal non-complying dwelling to include a second storey and for the construction of a deck cantilevering over the existing foundation by 3.5 metres (11.48 feet) within the 20 metre (65.6 feet) setback to the average high water mark of Lake Simcoe and within 23 metres (75 feet) of a slope or embankment that exceeds 33% or 3 to 1. More specifically, the applicant is requesting the following: . Relief from Section 5.32 (Setback from Slopes) to permit the enlargement of the existing legal non-complying dwelling at the existing 0 metre setback from slope; . Relief from Section 5.16.1 to permit the enlargement of the existing legal non-complying dwelling while maintaining the existing 14.5 metre (47.5 feet) setback from the average high water mark of Lake Simcoe; . Allowing a deck to be setback approximately 11 metres (36 feet) from the average high water mark of Lake Simcoe. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation -Shoreline Zoning By-law 97-95 - Residential Limited Service with Holding Provision (RLS(H)) Previous Applications - A-2/03, B-3/03. B-4/03 AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Public Works- No concerns Building Department -The Township Building Dept. has reviewed this application and comment that septic change of use permit would be required at time of building permit application. Fire Department Engineering Department - No concerns PLANNING FRAMEWORK Background The subject property has a road frontage of approximately 10.4 metres (34.12 feet). a shoreline frontage of approximately 33.8 metres (110.89 feet) and a lot area of approximately 3,376 m2 (36,340 fe). The lands currently have a one storey bungalow with a walk-out basement with an area of approximately 250 m2 (2,691 ft2). The applicant is proposing to enlarge the detached dwelling to include a proposed second storey and for the construction of a deck cantilevering over the existing foundation and an attached garage having an area of approximately 402 m2 (4,327 ft2) As noted, the existing dwelling is located within the 20 metre (65.6 feet) setback to the average high water mark of Lake Simcoe and within 23 metres (75 feet) of a slope or embankment that exceeds 33% or 3 to 1. As a result, the applicant's dwelling is a legal non-conforming use and permission is required from the Committee of Adjustment for expansion to such uses. 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 Shoreline in the Official Plan. The primary function of the Shoreline designation is to maintain the existing character of the shoreline residential area and to protect the natural features of the shoreline area and the immediate area. Permitted uses in the Shoreline designation primarily include residential uses as well as accessory uses. The applicant's proposal would allow for an enlargement to an existing dwelling unit, would maintain the character of the shoreline and the surrounding residential area and would therefore satisfy criteria (a) and (b). The enlarged dwelling will maintain the 14.5 metre (47.5 feet) setback from the high water mark of the current dwelling, is appropriately setback from the adjacent neighbouring dwellings, has a limited vegetative buffer from the neighbouring dwellings, and would therefore appear to satisfy criteria (c) and (d). The proposal would therefore conform with the intent of the policies contained in Section J2.2 of the Official Plan CONCLUSIONS 1. The requested permission to expand a legal non-conforming use represents an expansion that will not increase the impact on the environmental features or functions of the shoreline area. 2. The requested expansion to a legal non-conforming use is considered to conform with Section J2.2 of the Official Plan. RECOMMENDATIONS It is recommended that Committee approve application 2005-A-02 as follows: THAT PERMISSION TO EXPAND A LEGAL NON-CONFORMING USE IS GRANTED FOR 71 BARRIE TERRACE TO INCLUDE A SECOND STOREY ADDITION, AN ATTACHED GARAGE AND A CANTILEVERING DECK and subject to the following conditions: 2 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. The dwelling maintain the existing 14.5 metre (47.5 feet) setback from the average high water mark; 3. The cantilevering deck shall be no closer than 11 metres (36 feet) from the average high water mark; 4. That an Ontario land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying in writing that conditions 2 and 3 are met; 5. That the applicant obtains approval and a permit, if required, from the lake Simcoe Region Conservation Authority; 6. That the setbacks be in conformity with the dimensions as set out in the application and on the sketch submitted with the application dated January 26, 2005 and approved by the Committee; and, 7. That the applicants obtain approval for a Change of Use Sewage Application from the Township of Oro-Medonte Building Department. All of which is respectfully submitted, ~ Andy Karaiskakis Junior Planner Reviewed by, --A.J --e~ -0 Andria leigh, MCIP, RPP Director of Planning 3 Township of Oro-Medonte Committee of Adjustment Planning Report for February 10, 2005 Township of Oro-Medonte 2005-A-03 8 & 15 Landscape Dr., 28, 36, 41 & 39 Tanglewood Cres, 6 & 23 Oakmont Dr.. Plan M-741, Lots 4, 14, 28, 32, 38. 39, 57, 65 (Ora) THE PROPOSAL The purpose of the minor variance application initiated by the Township is to recognize existing setbacks lor dwellings on the above noted lots that currently do not meet the setbacks in Zoning By- law 97-95. Specifically, the following relief is requested: Existine Front Yard Reouirement Under Zonine Bv-Jaw 97-95 Lot 4 - 8 Laudscape Drive Lot 14 - 15 Landscape Drive Lot 28 - 28 Tanglewood Cres Lot 32 - 36 Tanglewood Cres Lot 38 -' 41 Tangelwood Cres Lot 39 - 39 Tanglewood Cres Lot 57 - 23 Oakmont Ave Lot 65 - 6 Oakmont Ave 3.56 metres (11.68 feet) to ITont porch 4.5 metres (14.76 feet) 3.56 metres (11.68 feet) to ITont porch 4.5 metres (14.76 feet) 3.68 metres (12.07 feet) to ITont porch 4.5 metres (14.76 feet) 3.61 metres (11.84 feet) to ITont porch 4.5 metres (14.76 feet) 3.04 metres (9.97 feet) to corner of dwelling 4.5 metres (14.76 feet) 4.23 metres (13.87 feet) to ITont porch 4.5 metres (14.76 feet) 4.218 metres (13.83 feet) to ITont porch 4.5 metres (14.76 feet) 4.21 metres (13.81 feet) to ITont porch 4.5 metres (14.76 feet) Notwithstanding the above, lots 4, 14, 28 and 32 are also permitted stairs to access the front porch an additional 0.5 metre (1.64 feet) into the required front yard. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Horseshoe Valley low Density Residential Zoning By-law 97-95 - Residential One Exception (R1'140) Zone Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Public Works and Roads- Building Department - The Township Building Dept has reviewed this application and note that the proposal appears to meet the minimum standards Engineering Department- No Concerns PLANNING FRAMEWORK Background The Township of Oro-Medonte has applied for a minor variance to recognize existing encroachments into the required front yard setback for porches and stairs used to access the dwellings for the above noted lots in the Laurel View Subdivision. The Four Tests of the Minor Variance Do the variances conform with the general intent of the Official Plan? The subject properties are designated Horseshoe Valley Low Density Residential in the Township's Official Plan and is subject to Section E2.5.4.2 Permitted uses in an Adult Lifestyle Community In accordance with the policies 01 the Official Plan these lands designated Horseshoe Valley Low Density Residential at the southern end of the Horseshoe Valley Resort Node were approved for development as a low density adult lifestyle community that meets the special requirements and diverse preferences of retirement age residents. Permitted uses within the adult lifestyle community include all fonns of low density housing. such as single detached and semi-detached dwellings. a limited amount of medium density housing such as townhouses and multiple dwellings and small scale personal service and convenience commercial uses servicing the day to day needs of residents of the community. Other permitted uses include community centres. sports facilities, open space uses. Institutional uses in the fonn of nursing home and/or retirement home or such like uses may also be pennitted. Mobile homes are not permitted. This minor variance application is a request to consider existing encroachments beyond the required 4.5 metre (14.7 feet) front yard setback to recognize porches and stairs required to access the dwellings which have been constructed. As single detached dwellings are a permitted use the proposal generally conforms with the intent of the pOlicies in the Official Plan. Do the variances conform with the general intent of the Zoning By.law? The subject property is zoned Residential One Exception 140 (R1*140) in the Township's Zoning By- law 97-95. as amended. The intent of the By-law is to establish setbacks from neighbouring properties and to establish the residential character of this neighbourhood. One of the purposes of maintaining the minimum required yards in this residential zone Is to maintain and protect the residential character of this specific type of adult community. As the porches and stairs are existing, and the intent of the minor variance application is to recognize the existing encroachments. the application would generally conform with the intent of the Zoning By-law. Are the variances appropriate for the desirable development of the lot? The proposed variances should provide for a form of development that is suitable and consistent with the surrounding residential subdivision. On this basis the proposed variances would provide for the appropriate development of the lots. Are the variances minor? On the basis that the proposed variances would recognize existing encroachments into the required front yard setback for porches and stairs used to access the dwellings, the requested relief is deemed to be minor. CONCLUSIONS The requested variances generally satisfy the 4 tests of a minor variance. RECOMMENDATION It is recommended that the Committee approve Minor Variance Application 2005-A-03. A of which is respectfully submitted. Reviewed by. -~j~ Andria Leigh, MCIP, RPP Director of Planning Andy Karaiskakis Junior Planner Township of Oro-Medonte Committee of Adjustment Planning Report for February 10, 2005 Carol & Dalton Chapman 2005-8-03 Concession 9, West Part Lot 7, 51R-22327, Part 1 (Medonte) THE PROPOSAL The applicants have applied for consent for a technical severance to create a new residential lot. The lands proposed to be severed would have a lot frontage of approximately 83.82 metres (275 It), a lot depth of approximately 120.70 metres (396 It) and a lot area of approximately 1.01 hectares (2.5 acres). The lands to be retained would have a lot area of approximately 41.156 hectares (101.69 acres). MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Agricultural Zoning By-law 97-95 - Agricultural/Rural (AIRU) Zone & Environmental Protection (EP) Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Public Works- 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 DEPARTMENT Background The subject lands presently exist as a single 42.16 hectare (104.2 acre) parcel fronting on Warminster Sideroad which currently has a single detached dwelling and various outbuildings located on the west part of lot 7. In 2002, the applicants took possession of the 47.84 acre parcel which is the west part of the existing 104.2 acre parcel. Then in 2004 the applicants acquired the vacant 62,88 acre rural parcel and at the time of this transfer, the parcels merged. The purpose of this technical severance is to sever the vacant 62.88 acre parcel, but also modify the boundaries of the lot to create a smaller 2.5 acre residential lot. The result of this consent application would be to create a 101.69 agricultural lot and a 2.5 acre residential lot. OFFICIAL PLAN Section D2.3.10 of the Official Plan provides a specific policy to allow Committee to consider applications to re-divide large parcels of agricultural land which have merged in title. The policy states: The creation of a new lot to correct a situation where two or more lots have merged on title may be permitted, provided the Committee of Adjustment is satisfied that the new lot: . was once separate conveyable lot in accordance with the Planning Act; . is of the same shape and size as the lot which once existed as a separate conveyable lot; . can be adequately serviced by on-site sewage and water systems; . fronts on a public road that is maintained year-round by a public authority; and . an entrance permit is available for the new driveway accessing the severed lot from the appropriate authority, if required. . the severed and retained parcels will continue to be viable for agricultural use after the severance has been granted. To assist the Committee of Adjustment in determining the viability of the severed and retained parcels, an agricultural viability report shall be prepared by a qualified agrologisl. The report shaii review: the quality of the soils; the nature of the existing farm operation, if one exists; the potential uses of the severed and retained parcels. (Official Plan Amendment #4) In order to confirm that the lot to be created was once a conveyable lot. the Committee of Adjustment received registered deeds which indicate that the lots were once legally conveyable. Based on the site inspection, it was determined that the proposed 2.5 acre severed lot, which fronts on an assumed public road. Warminster Sideroad, could be serviced with on-site sewage. water systems and hydro. 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 crealed; and, b) the viabilily 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, the agricultural use of the lot will continue to exist and the land to be conveyed will not adversely impact the agricultural use. The proposed severed lot is of an appropriate size to accommodate a single detached dwelling and a septic system and as noted on Committee's site inspection, hydro services have been installed on the lot. On this basis, the application would generally conform to the Official Plan. ZONING BY-LAW 97-95 If Committee approves the application, both the severed and retained lots would comply with the minimum area and frontage requirements of Zoning By-law 97 "95. CONCLUSION The proposal appears to meet the criteria required by Section D2.3. 10 and 02.3.4 of the Official Plan, as they pertain to lands which have merged on title and boundary adjustments. RECOMMENDATION It is recommended that Committee Grant Consent Application 2005-B-03 subject to the following list of conditions: 1. That three copies of a Reference Plan for the subject lands indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary-Treasurer; 2. That the applicant prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That all municipal taxes be paid to the Township of Oro-Medonte; 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. AII~CtfUIlYSUbmitted. Andy Karaiskakis Junior Planner Reviewed by, ./<t~ -loi Andria Leigh, MCIP, RPP Director of Planning Township of Oro-Medonte Committee of Adjustment Planning Report for February 10, 2005 Bowman Builder Ltd. 13 Pine Ridge Trail, Plan M-10, Lot 14 (Medonte) THE PROPOSAL A-19/03 (Rev) Previously the applicant applied for and was granted the following relief for the construction of a single detached dwelling: I. Front yard setback il. Setback from slope Exceeding 33% or 3 to 1 for the dwelling Reauired 7.5 m (24.6 ft) 23 m (75.4 ft) Granted June 10. 2004 6.5 m (21.3 ft) Om(Oft) The applicant is now proposing to revise the application to inciude a 14.86 m' (160 tt') deck to be located at the rear of the existing dwelling. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation -Horseshoe Valley Settiement Node - Low Density Residential Zoning By-law 97-95 - Residential One Exception (R1'63) Zone Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Public Works- No road concerns Building Department -The Township Buildin9 Dept. has reviewed this application and note that the proposal appears to meet the minimum standards. Engineering Department-No concerns PLANNING FRAMEWORK Background The subject property has a road frontage of approximately 30.72 metres (100.78 feet), a lot depth of approximately 89.05 metres (292.15 feet) and a lot area of approximately 0.27 hectares (0.68 acres). The lands currently have a two storey dwelling with an area of approximately 250.27 m' (2,694 ft') with an attached garage. On June 10, 2004, the applicant applied for and was granted relief to construct the dwelling with a 6.5 metre (21.3 feet) front yard setback and a 0 metre setback from the slope located at the rear of the property. The applicant is now proposing to revise the application to include a 14.86 m' (160 tt') deck to be located at the rear of the existing dwelling. Does the variance conform to the general intent of the Official Plan? The property is designated Horseshoe Valley Low Density Residential. The primary function of this designation is to recognize a development node, which permits a variety of residential, commercial, and recreational uses. The proposed variance would permit the construction of an attached deck to be located at the rear of the existing dwelling. On this basis the proposed variance would be in keeping with the intent of the Official Plan Does the variance conform to the general intent of the Zoning By-law? The subject property is zoned Residential One Exception (R1'63) in the Township of Oro-Medonte Zoning By-law 97-95, as amended. The applicant was granted relief for the reduction of the front yard setback and the setback from the slope. As the proposed variance would permit for the construction of an attached deck and would comply with all other provisions of the Zoning By-law, the application is deemed to generally conform with the intent of the Zonin9 By-law. Is the variance appropriate for the desirable development of the lot? The nature of development proposed appears to be appropriate, as this would permit an attached deck to be located at the rear of the dwelling. The granting of this variance would not lead to the over development of the lot and would be In keeping with the residential subdivision. On this basis, the variance proposed is appropriate for the desirable development of the lot. Is the variance minor? On the basis that the variance will permit the construction of a 14.86 m' (160 ft') attached deck onto a dwelling that would satisfy all other zoning provisions and will maintain the intent of the Official Plan policies, the variance is deemed to be minor in nature. CONCLUSIONS The requested variance generally satisfies the 4 tests of a minor variance. RECOMMENDATIONS It is recommended that the Committee Approve Minor Variance application A-19/03 as revised to include a 14.86 m' (160 ft') attached deck, subject to the following conditions: 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 area of the proposed deck be no larger than 14.86 m' (160 ft'); 3. That the setbacks be in conformity with the dimensions as set out in the application and on the sketch submitted, submitted January 28, 2005 and approved by the Committee; 4. That the applicant satisfies the conditions of the minor variance granted June 10, 2004; and, 5. 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, cP. 13. All of which is respectfully submitted, h~ Andy Karaiskakis Junior Planner Reviewed by, - :::~, MX Director of Planning 2