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03 10 2005 C of A Agenda i 00~ Committee of Adiustment Aaenda Thursdav March 10th 2005. 9:30 a.m. 1. Communications and Correspondence .. 2. Disclosure of Pecuniary Interest 3. Hearings: 9:30 2005-A-04 Robert & Marchessault & Teresa Cullen Cone. 5, West Part Lot 16 (Ora) 108815/16 Sideraad West 9:40 2005-A-05 Roger Oatley Cone. 1, Plan 1561, Lot 5, Part of Lot 6 (Ora) 15 Georgina Drive 9:50 2005-B-04 1267866 Ontario Ltd. Cone. 8, Part Lot 16 (Oro) 757 Line 7 N. 10:00 2005-B-05 Crescent Construction Limited Cone. 11, Part Lots 10 & 11 (Medonte) 1160 Mount St. Louis Road E. 10:10 2005-B-06 Horseshoe Valley Resort Cone. 3, Part East Half Lots 1 & 2, being Parts 2,10,11,12,13,15,18, 21 & 31 on RP 51R-32830 (Medonte) 10:20 2005-B-07 Carl Campitelli & Giovanni Campitelli Cone. 6, Part Lot 7, Part 1 on RP 51R-15836 (Medonte) 10:30 2005-A-06 Tim & Shelley Pierce Plan 1464, Lot 76 (Ora) 3 Mazepa Place 10:40 2005-B-08 Donald & Sherry Hubbert Cone. 10, East Part Lot 22 (Ora) 1086 Ridge Road E. 5. Decisions or 6. Other business -Revise decision for 2005-A-0 1 -Adoption of minutes for February 10, 2005 Meeting -Appointment of Secretary-Treasurer 7. Adjournment Township of Oro.Medonte Committee of Adjustment Planning Report for March 10, 2005 Robert Marchessault & Teresa Cuffen 2005-A-04 , 108815/16 Sideroad West, Concession 5, West Part Lot 16 (Oro) THE PROPOSAL '^ The applicants are proposing to construct a 48.5 m2 (522 ff) addition to an existing detached shop. The resultant floor area of the detached shop will be 130.62 m2 (1406 ft2). MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation -Agricultural Zoning By-law 97.95 - Rural Residential Two (RUR2) Zone Previous Applications - A-14/99 - for 82.1 m2 (884 ft2) detached shop (Granted) AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County- Public Works- Building Department - Building Dept has reviewed the application and note the proposal appears to meet minimum standards Fire Department- Engineering Department- No concerns PLANNING FRAMEWORK Background The subject property has a lot frontage of approximately 39.6 metres (120 feet), a lot depth of approximately 97.5 metres (320 feet) and a lot area of approximately 0.386 hectares (0.95 acres) and is presently occupied by a single detached dwelling, a workshop and a small shed which will be removed. The applicants wish to expand the existing workshop to 130.62 m2 (1406 ft2) by allowing a 48.5 m2 (522 ft2) addition to the north side of the workshop. . Does the variance conform to the general intent of the Official Plan? The property is designated Agricultural in the Township's Official Plan. The intent of the policies in the Agricultural designation are to maintain and preserve the agricultural base of the Township and to protect land suitable for agricultural production from development and land uses unrelated to agricultural. Permitted uses such as a single detached dwelling and accessory uses, such as storage buildings and workshops, are generally appropriate and consistent with the character of the agricultural area. On this basis the application would generally conform with the intent of the Official Plan. Does the variance conform to the general intent of the Zoning By-Jaw? The applicants are intending to use the proposed addition for their art business as they require additional shop and studio space. It has been noted that the workshop is not being used commercially for the display and sale of art to the general public. In assessing the issue of conformity with the By-law it is noted that the proposal does comply with the maximum lot coverage provision ot 5% for detached buildings, as the workshop including the addition will cover approximately 3.4%. The Zoning By-law also permits home occupations to occur in a detached accessory building and the variance in 1999 allowed the use of the entire building for such a use rather than the Zoning By-law requirement of 50% of the gross floor area for a detached accessory building. On this basis, the proposal is deemed to conform with the general intent of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? The nature of development proposed appears to be appropriate, as the proposed addition would not lead to the overdevelopment of the lot and would be in keeping with the surrounding agricultural area. On this basis, the variance proposed is considered appropriate for the desirable development of the lot. Is the variance minor? The application is deemed to be minor in nature on the basis that the applicants have complied with the majority of the zoning provisions in the Rural Residential Two (RUR2) Zone for an accessory building and will meet the maximum height requirement of 4.5 metres (14.7 feet) permitted in this zone. CONCLUSIONS The requested variance generally satisfies the 4 tests of a minor variance. RECOMMENDATIONS It is recommended that the Committee Approve Minor Variance Application 2005-A-04, 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 so that the addition be no larger than 48.5 m (522 ff); 2. That the side yard setback for the addition be located no closer than 2.0 metres (6.5 feet) from the interior side yard; 3. That the setbacks be in conformity with the dimensions as set out in the application and on the sketches submitted with the application and approved by the Committee; and, 4. 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, b, Junior Planner Reviewed by, 1 j --P .1 ~/ i/~~ h~ Ii Andria Leigh, MCIP, RPP' Director of Planning 2 Township of Oro-Medonte Committee of Adjustment Planning Report for March 10,2005 Roger Oatley 2005-A..fJ5 15 Georgina Drive, Concession 1, Plan 1561, Lot 5, Part of Lot 6 (Oro) THE PROPOSAL The applicant is requesting relief of the following provision from Zoning By-law 97-95: i. Section 5.32 Setback from Slope from a slope or embankment that exceeds 33% or 3 to 1 from the required 23 metres (75 feet) to a proposed 10 metres (32.8 feet) for the construction of a single detached dwelling. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Shoreline Zoning By-law 97-95 - Shoreline Residential (SR) Zone Previous Applications - none AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Public Works- Building Department - The Township Building Dep\. has reviewed the 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 44.5 metres (146 feet), a lot depth of approximately 75.9 metres (249 feet), a shoreline frontage of approximately 36.3 metres (119 feet) and a lot area of approximately 2,716.6 m2 (29.242 ft2). The lands are currently vacant and the owner is proposinp to construct a single detached dwelling with a first storey floor area of approximately 261 m (2,809 ft2) and is proposed to be setback 10 metres (32.8 feet) from the slope located near the shoreline. The proposed dwelling will also be setback the minimum required 20 metres (65.6 feet) from the average high water marl< of Lake Simcoe. Does the variance conform to the general intent of the Official Plan? The property is designated Shoreline in the Official Plan. Section 010.1 which contains the Shoreline policies in the Township's Official Plan sets out the following objectives: To maintain the existing character of this predominantly residential area. To protect the natural features of the shoreline area and the immediate shoreline. . To ensure that existing development is appropriately serviced with water and sewer services. The requested variance for the dwelling would appear to maintain the character of the shoreline residential area and. as confirmed by the applicant, the mature trees located on the slope would be preserved and protected. On this basis, the proposed variance would therefore conform with the intent of the policies contained in the Official Plan. Does the variance conform to the general intent of the Zoning By-law? The primary role of setbacks to Lake Simcoe is to protect the natural features of the shoreline area and the immediate shoreline. The applicant provided to the Township a clearance letter from the Lake Simcoe Region Conservation Authority dated February 18, 2005 approving the proposed dwelling. The site inspection revealed that the location of the proposed dwelling should not adversely impact the natural features of the shoreline and therefore the proposal is considered to conform with the general intent of the By-law Is the variance appropriate for the desirable development of the lot? Based on the site inspection, the proposed new dwelling would appear to be appropriate for the desirable development of the lot and in keeping with the surrounding residential area. Given that the proposed dwelling would provide for a form of development that is suitable and consistent with the surrounding neighbourhood and would not lead to the over development of the lot. Is the variance minor? On the basis that the dwelling would not adversely affect the character of the shoreline residential area, the proposed variance is considered to be minor in nature. CONCLUSIONS The subject application to permit a new dwelling on the subject property generally satisfies the four tests of the minor variance. RECOMMENDATIONS It is recommended that the Committee grant Minor Variance 2005-A-05 subject to the following conditions: 1. The proposed dwelling shall be setback no closer than 10 metres (32.8 feet) from the slope crest; 2. That the vegetative cover be maintained on the slope and that the slope not be steepened and fill materials should not be placed on the slope, as per the Geotechnical Slope Stability Analysis prepared by Terraprobe Limited dated February 17, 2005; 3. That the setbacks be in conformity with the dimensions as set out in the application and on the sketches submitted with the application and approved by the Committee; 2 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 that the proposed dwelling be no closer than 10 metres (32.8 feet) from the slope crest; 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, c.P. 13. All of which is respectfully submitted, l~ Junior Planner Reviewed by. ~~J -e~ Andria leigh, MCIP, RPP Director of Planning 3 Township of Oro-Medonle Committee of Adjustment Planning Report for March 10, 2005 1267866 Ontario Ltd. 2005-8-04 Concession 8, Part Lot 16, 757 Line 7 North (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 along the 15/16 Sideroad of approximately 286.5 metres (939.9 It), a lot depth of approximately 498.24 metres (1,634.6 It) and a lot area of approximately 13.129 hectares (32.44 acres). The lands to be retained would have a lot area of approximately 44.2 hectares (109.2 acres). MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Desi9nation - A9ricultural and Environmental Protection Zoning By-law 97-95 - Agricultural/Rural (A/RU) Zone & Environmental Protection (EP) Zones 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 concems PLANNING DEPARTMENT Background The subject lands presently exist as a single 53.8 hectare (133 acre) parcel with approximately 979.5 metres (3,213.5 feet) fronting on the 15/16 Sideroad and approximately 642 meters (2,106 feet) of frontage along Line 7 North. In 1951, Mr. & Ms. Briggs claimed title to the 26 acres legally described as the West half of Lot 16, Concession 8, and the West half of the East half of Lot 16, Concession 8. In 1957, Mr. & Mrs. Briggs took possession of the 109.2 acres described as the West half of Lot 16, Concession 5. At that time it would appear the two parcels merged and in 1998, the applicants took possession of the 133 acre parcel. The purpose of this technical severance is to sever the vacant East half Lot of 16. OFFICIAL PLAN Section 02.3.10 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 situalion 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 agrologist. The report shall 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 one of the registered deeds which indicate that the severed lot was once legally conveyable. However the applicants have been asked to provide the 1957 deed for the 109.2 acre parcel which appears to have merged the parcels. In order to confirm that the West Part of Lot 16 was once legally conveyable, Committee would require this registered deed for that parcel to ensure conformity with the Official Plan. CONCLUSION At this time, the proposal would not appear to meet the criteria required by Section 02.3.10 of the Official Plan, as the Committee would require the registered deeds for the West Part of Lot 16 to confirm that the parcel was once legally conveyable. RECOMMENDATION It is recommended that Committee Defer Consent Application 2005-B-04 to allow the applicants time to provide the Committee with the registered deeds for the West Part of Lot 16 which indicates that the 109.2 acre lot was once legally conveyable. All of which is respectfully submitted, Andy Karaiskakis Junior Planner Reviewed by, ~~~~ Andria Leigh, MCIP, RPP Director of Planning Township of Oro-Medonte Committee of Adjustment Planning Report for March 10, 2005 Crescent Construction Limited 2005-8-05 Concession 11, Part of Lots 10 & 11, 1160 Mount St. Louis Road E. (Medonte) THE PROPOSAL The purpose of application 2005-6-05 is to permit a boundary adjustment/lot addition. The land to be conveyed and added to the lot immediately to the north-east, Part 1 on Plan 51 R-22304, would have a lot frontage of approximately 177.39 metres (582 feet) along Line 11 North, a lot depth of approximately 298.7 metres (980 feet) along Mount St. louis Road East, and a lot area of approximately 7 hectares (17.38 acres). The land proposed to be retained would have a lot frontage of approximately 234.39 metres (769 feet) a lot depth of approximately 233.78 metres (767 feet) and a lot area of approximately 6.66 hectares (16.48 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 - B-43/91 (granted for two residential lots) 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 7 hectares (17.38 acres) to the lot immediately to the north-east of the subject property being Part 1 on 51 R-22304 which is currenlly a vacant 101. The land to be retained would have an area of approximately 6.66 hectares (16.48 acres) and is also currenlly vacanl. OFFICIAL PLAN The subject property is designated Agricultural in the Township's Official Plan. The intent of this designation is to preserve the agricultural resource base of the Township and to maintain the open countryside. Section 02.3.4 of the Official Plan provides a specific policy to allow the 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 each of the parcels will be a minimum of 6 hectares (15 acres) in lot area which would allow for certain agricultural uses. On this basis, the application would generally conform to the Official Plan. ZONING BY-LAW The subject property is currently zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95, as amended. The severed and retained lot would continue to comply with the provisions of the A/RU zone for agricultural purposes. 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 severed and 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- 05 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 Part 1 on RP 51 R022304 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. All of which is respectfully submitted, ~ Andy Karaiskakis Junior Planner Reviewed by, .--1.--A:..-tr0- Andria Leigh MCIP, RPP Director of Planning Township of Oro-Medonte Committee of Adjustment Planning Report for March 10, 2005 Horseshoe Valley Resort Limited 2005-B-06 Concession 3, Part East Half Lots 1 & 2, being Parts 2, 10, 11, 12, 13, 15, 18, 21, and 31 on RP 51R-32830 (Medonte) THE PROPOSAL The purpose of application 2005-B-06 is to permit an easementJright-of-way from Horseshoe Valley Resort to New Millennium Homes. The proposed easement would be used to access Parts 1 & 17, a lot which was granted for a proposed 13 unit townhouse development (Consent application 2004-B-31). The proposed easementis identified as Parts 2, 10, 11, 12, 13, 15, 18, 21 & 31 on Reference Plan 51R-32830. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Horseshoe Valley Village and Horseshoe Valley Recreational Zoning By-law 97 -95--Future Development Exception (FD*67) and Private Recreation (PR) Zones Previous Applications - 2004-B-31 (Creation of lot for townhouse development - granted) AGENCY COMM ENTS (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 proposal appears to meet the minimum standards. Fire Department Engineering Department - No concerns PLANNING FRAMEWORK Background The purpose of the application is to permit an easementJright-of-way for the purpose of accessing a development parcel which was granted for a 13 unit townhouse development on August 12, 2004. Township of Oro-Medonte Official Plan The subject lands are designated Horseshoe Valley Village and Horseshoe Valley Recreational to recognize both the existing ski facilities and associated clubhouse and to permit the construction of the 13-unit townhouse development which has been approved by the Township. The lands within the Village designation are required to be developed through a Comprehensive Development Plan (COP) which would address a number of matters including: form of servicing, road improvements, phasing and scale of development, and the means of accessing the individual uses. This COP was prepared and presented to Council for consideration in 2003. Council adopted the CDP in August 2003. The CDP contemplated the uses that are existing or proposed through this application. The proposed easements would facilitate the continued usage by the Heights of Horseshoe Ski Club and would permit access to the development of the 13-unit townhouse condominium development as required by the adopted COP and the draft approved plan of condominium which was approved by Council on March 17, 2004. On this basis, the application for the easement as proposed is deemed to generally conform with the intent of the Official Plan. ZONING BY-LAW The subject property is zoned Future Development Exception 67 (FD'67) and Private Recreational (PR) in the Township's Zoning By-law 97-95, as amended. The approval of the easement by the Committee would not affect the zoning provisions on the property but would ensure the development parcel has registered access for their continued usage. ANALYSIS In reviewing the easement application, it would appear to generally conform with the intent of the Official Plan and the provisions of the Zoning By-law. The proposed easement would not have a negative impact on the continued usage of the Horseshoe Resort Lands and would facilitate the continued development of the lands in accordance with the Comprehensive Development Plan approved by Council in August 2003. CONCLUSION The application for an easement generally conforms with the policies of the Official Plan and the provisions of the Zoning By-law. RECOMMENDATION It is recommended that the Committee grant Consent application 2005-B-06 for the proposed easement to the New Millennium Homes Condominium Project subject to the following conditions: 1. That the applicant prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; and 2. 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, -:ja:t,M:)f Director of Planning Township of Oro-Medonte Committee of Adjustment Planning Report for March 10, 2005 Carl Campitelli and Giovanni Campitelli 2005-8-07 Concession 6, Part Lot 7, RP 51R-15836, Part 1 (Medonte) THE PROPOSAL The purpose of application 2005-B-07 is to permit the creation of a new residential lot. The land to be severed is proposed to have a lot frontage of approximately 45.7 metres (150 feet), a lot depth of approximately 88.5 metres (290.4 feet) and a lot area of approximately 0.4 hectare (1 acre). The land proposed to be retained would have a lot area of approximately 36.17 hectares (89.38 acres). MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Rural and Recreational Zoning By-law 97-95 - AgriculturallRural (AJRU) and Environmental Protection (EP) Zones 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 This application would allow for the creation of a new residential lot in the area designated Rural on the subject property. The proposed residential lot would have a lof frontage of 45.7 metres (150 feet) and a lot area of 0.4 hectares (1 acre). The 90 acre subject property is currently vacant. OFFICIAL PLAN The portion of the property subject to this application is designated Rural and therefore the policies contained in Section D3 would apply to this application. The intent of the Rural designation is to preserve and promote the rural character of the Township and to maintain the open countryside. Permitted uses within this designation include single detached dwellings which is proposed with this application. Section D3.3.1 contains the specific policies relating to the creation of new lots for residential purposes as follows: "03.3.1 The creation of new lots for residential purposes In accordance with the intent of this Plan to maintain the rural character of the Township, only a limited number of new lots for residential purposes can be created in the Township. In this regard, only one new lot can be severed from a lot in the Rural designation that has an area of at least 36 hectares or is the whole of an original Township lot provided a lot has not been severed from the parcel after March 26, 1973. In considering the creation of a new lot for residential purposes, the Committee of Adjustment shall be satisfied that the proposed lot; a) will have a minimum lot area of 0.4 hectares; b) is of an appropriate size for residential use, with such a residential use generally not requiring a lot size that exceeds 2.0 hectares; c) fronts onto an existing public road that is maintained year round by the Township or County; d) will not cause a traffic hazard as a result of its location on a curve or a hill; and, e) can be serviced with an appropriate water supply and an appropriate means of sewage disposal." The subject property contains 36.5 hectares due to the location of the CPR on the south-east boundary of the property and a lot has not been severed from the property which would satisfy the initial policies of this subsection. The lot proposed would be 0.4 hectares and would therefore satisfy subsection (a) and (b). The lot fronts onto Line 6 North which is a Township maintain road satisfying subsection (c). Favorable comments are required from the Roads Department in order to satisfy subsection (d). Favorable comments were received from the Building Department in order to satisfy subsection (e). On the basis of the comments above, 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 the Agricultural/Rural (AJRU) zone in the Township's Zoning By-law 97-95. CONCLUSION The proposal appears to meet the criteria required by Section 03.3.1 of the Official Plan, as they pertain to the creation of new residential lots and also satisfies the requirements of the Township's Zoning By-law. RECOMMENDATION It is recommended that Committee Grant Consent Application 2005-B-07 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 Ora-Medonte; 4. That the applicant pay a cash-in-lieu of parkland levy in the amount of $ 2000.00 in accordance with By-law 2004-076; 5. That the applicants obtain an entrance permit fram the Roads Department; 6. 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; 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 Karaiskakis Junior Planner Reviewed by, -j~h,~r!;P Director of Planning Township of Oro-Medonte Committee of Adjustment Planning Report for March 10, 2005 Tim and Shelley Pierce 2005-A-06 Concession 11, Plan 1464, Lot 76, 3 Mazepa Place (Ora) THE PROPOSAL The applicants are requesting permission from the Committee of Adjustment to expand a legal non- conforming use by allowing a 148.64 m2 (1600 fe) two storey addition onto an existing 111.85 m2 (1204 fe) dwelling. The applicants are requesting the above noted relief as the existing dwelling is setback 1.7 metres (5.6 feet) from the interior side lot line, not the required 2.5 metres (8.2 feet), while the proposed addition will maintain the existing 1.7 metres (5.6 feet) setback from the interior side lot line. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation -Hawkestone Residential Zoning By-law 97-95 - Residential One Holding (R1 (H)) Zone Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County- Public Works- Building Department - Building Dept has reviewed the application and as per the Change of Use Permit 1261/04 the existing sewage system would require upgrading of a new system would be required Fire Department- Engineering Department- No concerns PLANNING FRAMEWORK Background The subject property has a lot frontage of approximately 30.6 metres (100.5 feet), a lot depth of approximately 45.72 metres (150 feet) and a lot area of approximately 1,400.46 m2 (15,075 ft2) and is presently occupied by a single detached dwelling. The applicants wish to expand the existing dwelling to 260.5 m2 (2804 ft2) by allowing a 148.6 m2 (1600 ft2) addition to the rear of the dwelling. When the dwelling was constructed in 1971, it was setback approximately 14.6 metres (48 feet) from the front property line and 1.7 metres (5.6 feet) from the interior side property line. As the dwelling does not meet the minimum required interior side yard setback of 2.5 metres (8.2 feet), the applicant's dwelling is a legal non-complying use and permission is required from the Committee of Adjustment to expand the use. Section 45 (2) (a) (i) of the Planning Act states that the 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 original zoning by-law applying to lands in the former Township of Oro was By-law 1031 which was adopted on February 13, 1974 and subsequent to the construction of the dwelling in 1971 as noted above. The existing structure predates the passage of the Township's current Zoning By-law, being November 5, 1997 and also the original By-law 1031. 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 Hawkestone Residential in the Official Plan. The primary use of this designation is residential uses. As the dwelling on the lot already exists, and the size of the addition is comparable with the existing structure, it would satisfy criteria (a). The proposed addition, which is an extension of the existing dwelling, will maintain the character of the dwelling, and is not an addition that relates 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 Residential One Holding (R1 (H)). The Holding provision applies to the property as Mazepa Place is considered an unassumed road which does not allow for the construction of new dwellings on vacant lots and requires the execution of a Site Plan Agreement in accordance with Section H1.4.3 of the Official Plan, prior to the removal of the Holding Provision and the issuance of a building permit for any addition to an existing dwelling. Based on site inspection, the addition should not adversely impact surrounding features as the addition is considered reasonable in size and will be setback reasonably distant trom the rear property line, and the existing cedar hedge provides a buffer for the neighbour where the relief is being requested. Section 5.9.1 in the Zoning By-law allows architectural features such as eaves, gutters or roof overhangs to encroach a distance of no more than 1 metre (3.2 feet) into the required interior side yard. Based on the site inspection and the location of the proposed addition with a 1.7 metres interior side yard setback, this encroachment provision may allow for the overhang to be only 0.7 metres from the side property line. Subject to the approval of the removal of Holding Provision, the proposal as submitted would appear to conform with the general intent of the Zoning 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. RECOMMENDATIONS It is recommended that Committee approve application 2005-A-06 as follows: 2 THAT PERMISSION TO EXPAND A LEGAL NON-COMPLYING STRUCTURE IS GRANTED FOR 3 MAZEPA PLACE FOR A 148.6 M2 (1600 FT2) TWO 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 submitted and approved by the Committee; 2. That the proposed addition be located no closer than 1.7 metres (5.6 feet) from the interior side lot line, 3. That the applicants apply for and obtain approval for the combined application for Site Plan Control/Removal of the Holding Provision; 4. That the applicants satisfy the comments from the Building Department regarding sewage system approvals; 5. 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 surveylreal property report so that the proposed addition be no closer than 1.7 metres (5.6 feet) from the interior side lot line; 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. All of which is respectfully submitted, J~~ Andy Karaiskakis Junior Planner Reviewed by, Andria Leigh, MCIP, RPP Director of Planning 3 Township of Oro-Medonte Committee of Adjustment Planning Report for March 10, 2005 Donald and Sherry Hubbert 2005-8-08 Concession 10, East Part Lot 22, 1086 Ridge Road East (Ora) THE PROPOSAL The applicants have applied for consent for a technical severance to create a new lot. The lands proposed to be severed would have a lot frontage along Line 10 South of approximateiy 34.6 metres (113.52 It), a lot depth along Ridge Road of approximately 470.7 metres (1,544.4 It) and a fot area of approximately 5.26 hectares (13 acres). The lands to be retained would have a lot area of approximately 34 hectares (84 acres). 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- 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 39.6 hectare (98 acre) parcel with approximately 705.2 metres (2313.52 feet) along Line 10 South and approximately 470.7 metres (1544.4 feet) of frontage along Ridge Road East. The original crown patent for the lands in Lot 22 was conveyed from James Adams to Charles Adams in 1845. In February 1848 the 15 acres subject to this application were conveyed from Charles Adams to George Adams thereby creating the separate parcels being requested to be re-created with this application. 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 titie 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 pubfic 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. (Copies of those are attached for the Committee's reference) Based on the site inspection, it was determined that the proposed 15 acre severed lot, which fronts onto two assumed public roads, Ridge Road East and Line 10 South, is of sufficient size to be serviced with on-site sewage, water and hydro. 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 the Agricultural/Rural (A/RU) zone in the Township's Zoning By-law 97-95. CONCLUSION The proposal appears to meet the criteria required by Section D2.3.10 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-08 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, J~ Junior Planner Reviewed by, ---1.-X i-d: Andria leigh, MCIP, RPP Director of Planning Committee of Adiustment Minutes Thursday February 10. 2005. 9:30 a.m. In Attendance: Chairman Allan Johnson, Member Lynda Aiken, Member Dave Edwards, Member Michelle Lynch, Member Garry Potter, Director of Planning 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 None 3. Hearinas: 9:30 Charles Ivey Cone. 5, Part Lot 6 (Oro) 2479 Line 4 N. 2005-B-01 In Attendance: Mr. Charles Ivey, owner BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Michelle Lynch "That the Committee hereby Grant Consent Application 2005-8-01 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. .....Carried." Committee of Adjustment-February 10, 2005 Page 1 9:40 Harry Eisses & John Eisses Conc.3, Part Lots 26 & 27 (Oro) 975 Line 2 S. 2005-B-02 In Attendance: Mr. Klaus Jacoby, solicitor for applicants BE IT RESOLVED that: Moved by Garry Potter, seconded by Michelle Lynch "That the Committee hereby Grant Consent 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. .....Carried," Committee of Adjustment~February 10, 2005 Page 2 9:50 Carolyn Charlene Clark 2005-A-02 Cone. 1, Plan 1, Part Lots 14 & 15, Part 2 on 51R-32684 71 Barrie Terrace (Oro) In Attendance: Ms. Carolyn Clark, applicant, Mr. Klaus Jacoby, solicitor for applicant BE IT RESOLVED that: Moved by Dave Edwards, seconded by Lynda Aiken "That the Committee hereby 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, AN ATTACHED GARAGE AND A CANTILEVERING DECK 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. 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. .. ...Carried." Committee of AdjustmentwFebruary 10, 2005 Page 3 10:20 Bowman Construction Plan M-10, Lot 14 (Medonte) 13 Pine Ridge Trail A-19/03 (Revised) In Attendance: Mr. Randy Bowman, applicant BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Michelle Lynch "That the Committee hereby Approve Minor Variance application A-19/03 as revised to include a 14.86 m2 (160 ft2) attached deck, subject to the following conditions: 1. That the area of the proposed deck be no larger than 14.86 m2 (160 ft2); 2. That the Building Department ensure that condition 1 is satisfied; 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, c.P. 13. .. ...Carried." Committee of Adjustment-February 10, 2005 Page 6 6. Other Business - Adoption of minutes for January 13, 2005 Meeting . Moved by Michelle Lynch, Seconded by Garry Potter "That the minutes for the January 13th 2005 Meeting be adopted as printed and circulated ,,, Carried." 7. Adiournment Moved by Dave Edwards, Seconded by Michelle Lynch "We do now adjourn at 11 :20 a.m," .., Carried," (NOTE: A tape of this meeting is available for review.) Secretary-Treasurer, Andy Karaiskakis Chairperson, Allan Johnson Committee of Adjustment-February 10, 2005 Page 7