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04 14 2005 C of A Agenda Committee of Adiustment AQenda Thursdav April 14th 2005. 9:30 a.m. 1. Communications and Correspondence 2. Disclosure of Pecuniary Interest 3. Hearings: 9:30 2005-B-09 Viola Tuck Cone. 1, South Part Lot 16 (Oro) 861 Penetanguishene Road 9:40 2005-A-07 Steve & Lori Dyball Cone. 9, West Part Lot 17 (Oro) 565 Line 8 North 9:50 2005-B-11 Harvey Johnstone Cone. 10, West Part Lot 21 (Oro) 137 Line 9 South 10:00 2005-B-12 Ian Johnstone Cone. 10, West Part Lot 22 (Oro) 10:10 2005-B-13 Harvey & Dianne Johnstone Cone. 9, East Part Lot 22 (Oro) 234 Line 9 South 10:20 2005-B-15 Audrey Evans Cone. 13, Part Lot 12 (Oro) 10:30 2005-B-16 Georjan Farms Limited Cone.14, West Part Lot 8, West Part Lot 9 (Oro) 1265 Line 13 North 10:40 2005-B-17 Georjan Farms Limited Cone. 14, West Part Lot 8, West Part Lot 9 (Oro) 1265 Line 13 North 10:50 2005-A-08 David Burgess & Ray Lalande East Part Lots 111, 112, 113, Plan 589 (Oro) 98 Lakeshore Road East 11 :00 2005-A-09 John Green Cone. 2, East Part Lot 18 (Orillia) 727 Woodland Drive 11 :10 2005-A-10 The Harrison Family Cottage Plan 1284, Lot 2, Part Block A (Oro) 3055 Ridge Road West 11:20 2005-A-11 Jim & Asya Giles Plan M-8, Part Block D (Oro) 8 Oneida Ave. 5. Decisions 6. Other business -Adoption of minutes for March 10, 2005 Meeting 7. Adjournment Township of Oro-Medonte Committee of Adjustment Planning Report for April 14, 2005 The Harrison Family Cottage 3055 Ridge Road West, Plan 1284, Lot 2, Part Block A (Oro) THE PROPOSAL 2005-A-10 The applicants are proposing to construct three separate decks as shown on the attached sketch and are requesting relief of the following provisions from Zoning By-law 97-95: . Relief from Section 5.32 (Setback from Slopes) from the required 23 metres (75 feet) to 0 metres to permit the construction of three decks on a slope that exceeds 33% or 3 to 1 as the current slope is close to 2:1; and. . Relief from Section 5.1.3 (Permitted locations for detached structures) to permit the construction of the three decks within the 20 metres (65.6 feet) from the average high water mark of lake Simcoe to a proposed 15.4 metres (50.5 feet), 15.5 metres (50.8 feet) and to 17.3 metres (56.7 feet) for the decks as shown on the sketch; and, . Relief from Section 5.1.7 (b) to allow the total area of all three decks from the required 70 m' (753 It') to a proposed 141.9 m' (1 ,528 It') for all three decks combined 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- No road concerns (County Road) Building Department - The Township Building Dept. has reviewed the application and nole 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 49.19 metres (161.39 feet), a shoreline frontage of approximately 62 metres (203 feet) and a lot area of approximately 0.94 hectares (2.32 acres). The lands currently have a single detached dwelling with a gross floor area of approximately 315.86m' (3,400 It'). The applicants are proposing to construct three separate decks to be located on the top of the slope located near the waterfront and are requesting the relief noted above. Do the variances conform to the general intent of the Official Plan? The property is designated Shoreline in the Official Plan. Section D10.1 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 variances for the decks would appear to maintain the character of the shoreline residential area and to protect the natural features of the shoreline, Peter Gill, Landscape Architect, has been hired by the applicants to minimize vegetative loss and to enhance the shoreline landscaping. On this basis, the proposed variances would therefore conform with the intent of the policies contained in the Official Plan. Do the variances 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 Slope Stability Report dated May 6, 2004 prepared by T erraprobe Limited indicating that the overall current slope is considered stable from intermediate or deep failures and for the design of the proposed structurally supported decks. On site inspection, Committee could not view the proposed locations for the decks and the impact they will have on the natural features of the shoreline, therefore the proposal is considered not to conform with the general intent of the By-law Are the variances appropriate for the desirable development of the lot? Based on the site inspection, it could not be determined if the proposed decks would be appropriate for the desirable development of the lot and in keeping with the surrounding residential area Are the variances minor? On the basis that the Committee could not determine if the proposal is considered to conform with the intent of the Zoning By-law and the appropriateness of the development, the proposed variances are not considered to be minor in nature. CONCLUSIONS The requested variances do not satisfy the four tests of a minor variance as noted above RECOMMENDATIONS It is recommended that the Committee Defer Minor Variance Application 2005-A-10 to allow the Committee an opportunity to view the proposed locations for the decks on site and the impact they will have on the natural features of the shoreline. AIIX~:CtfUIlY submitted, Andy Karaiskakis Junior Planner Reviewed by, .--{ J ~~~_..{ Andria Leigh, MCI-' RPP Planning Consultant 2 Township of Oro-Medonte Committee of Adjustment Planning Report for April 14, 2005 Jim & Asya Giles 2005-A-11 B Oneida Ave, Plan M-B, Part Block D, RP 51R-23663 Part 2, RP 51R-33070 Part 2 (Ora) THE PROPOSAL The applicants are requesting relief of the following provisions from Zoning By-law 97-95: i. Section 5.1.6 Maximum floor area for detached accessory buildings of 70 m' (753 ft') to 111.48 m' (1200 ft') for a proposed garage; and, ii. Section 5.1.4 Maximum Height for detached accessory buildings of 4.5 metres (14.7 feet) to 7.7 metres (25.26 feet) for the proposed garage MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Sugarbush Settlement Node - Residential Zoning By-law 97-95 -Residential One Exception (R1*113) Previous Applications- AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Municipal Works and Roads- Building Department- The Township Building Department has reviewed this application and make note that the proposal appears to meet the minimum standards Fire Department Engineering Department- No concerns PLANNING FRAMEWORK Background The applicant's lot has a street frontage of 79.88 metres (262.09 feet) and a lot area of approximately 4,645 m' hectares (50,000 ft'). The subject property currently has a two storey 2500 ft'dwelling. 11 is the applicant's intent to construct a 111.48 m' (1200 ft') detached garage to be located approximately 35.013 m (114.8 ft) from the front lot line and approximately 6.31m (20.7ft) from the interior side lot line. The applicant's are also requesting relief from the maximum height for the garage from the maximum requirement of 4.5 m (14.7 ft) to a proposed 7.7 m (25.26 ft) to accommodate room for storage of equipment and to accommodate room for a boat. The Four Tests of the Minor Variance Do the variances conform with the general intent of the Official Plan? The property is desi9nated Residential-Sugarbush Settlement Area. The permitted uses on lands designated Residential are single detached dwellings, home occupations and open space uses. Given the proposed size of the detached accessory building of 1200 ft', the variance would not be in keeping with the character of development of the residential area. On this basis, the proposal would not be in keeping with the intent of the Official Plan Do the variances conform with the general intent of the Zoning By-law? It is the applicants' intent to use the proposed building for storage of a boat and storage of personal equipment. The intent of the Zoning By-law is to provide regulations which promote compatibility amongst land uses and structures. With respect to accessory buildings, zoning regulations typically try to ensure that such buildings are clearly accessory and incidental to the primary use of the lot. The primary reason for controlling maximum floor areas on accessory buildings in a residential area is to ensure that structures are consistent with the character of a community and do not evolve into other secondary or subsequent land uses, such as an apartment or industrial uses. Given these factors, the proposal is deemed to not conform with the general intent of the Zoning By- law. Are the variances appropriate for the desirable development of the lot? Detached storage buildings and garages are a common element in all types of residential areas. However, given the size and height of the proposed structure it would not be consistent with or suits the character of a residential lot. On this basis, it is difficult to support the application as being appropriate for the desirable development of the lot. Are the variances minor? The application is not deemed to be minor on the basis that the applicants have not complied with the tests noted above. There is merit that the detached garage will maintain the minimum setback from the side and rear lot lines, as well as the minimum distance from the main dwelling. CONCLUSIONS The subject application does not adequately address the 4 tests of the minor variance. RECOMMENDATION It is recommended that Committee Defer application 2005-A-11 to provide time for the applicants to amend the application to more properly address the concerns related to the floor area and height. Al~;:spec~uIlY submitted, A~dY Karaiskakis Junior Planner Reviewed by, Andria Leigh, MCIP, RPP Planning Consultant Township of Oro-Medonte Committee of Adjustment Planning Report for April 14, 2005 Ian Johnstone 2005-8-12 Concession 10, West Part Lot 22 (Oro) THE PROPOSAL The purpose of application 2005-B-12 is to permit the creation of a new residential lot. The land to be severed is proposed to have a lot frontage of approximately 90 metres (295 feet), a lot depth of approximately 90 metres (295 feet) and a lot area of approximately 0.8 hectare (2 acres). The land proposed to be retained would have a lot area of approximately 36 hectares (89 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- Entrance to be determined with entrance permit. 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 request of the applicant is to sever a new residential lot with a lot frontage of approximately 90 metres (295 feet) along Line 9 South and having a lot area of about 0.8 hectare (2 acres). The retained parcel would have a lot area of about 36 hectares (89 acres). 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. Johnstone has owned the property for the past 27 years. Section 02.3.3 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 36.8 hectares which would satisfy subsection (a). Township records indicate that the residential lot severed off from the parcel was taken off prior to 1973. satisfying criteria (b). The severed lot is situated in a location which will allow for the continued use of the remainder of the property for agricultural purposes and the proposed lot would have a lot area of approximately 0.41 hectares, meeting the minimum 0.4 hectare lot area requirement which would satisfy subsections (c) and (d). Based on site inspection, the proposed lot will not be closer than 200 metres to a barn or feedlot, satisfying criteria (e). Favourable comments were received from the Roads and Building Departments, which would satisfy subsections (f), (g) and (h). Should the Committee feel satisfied that the applicant meets the definition of a bona fide farmer, the application would be deemed to generally conform with the policies of the Official Plan. ZONING BY-LAW 97-95 The subject property is currently zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-95, as amended. The proposed severed lot would be required to be rezoned as a condition of consent to reflect its intended usage for residential purposes. The retained lot would continue to comply with the provisions of the Agricultural/Rural (A/RU) zone for agricultural purposes and the proposed severed lot would meet the minimum requirement of the Rural Residential Two (RUR2) Zone. CONCLUSION 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 RECOMMENDATION It is recommended that Committee Grant Provisional Consent for Application 2005-6-12 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 applicants' solicitor 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; 4. That the applicant apply for and obtain a re-zoning on the severed land to accurately reflect the residential land use; 5. No portion of the severed lot is to be located closer than 200 metres to the barn. as shown on the sketch submitted with the application; 6. That a Development Charges Fee in the amount of $4055.78 be paid to the Township of Oro-Medonte; 7. That the applicant pay $ 2000.00 for the lot created as cash-in-lieu of a parkland contribution; 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. j~~;" Junior Planner Reviewed by, --1~~~ , Andria Leigh, MCIP, RPP Planning Consultant Township of Oro-Medonte Committee of Adjustment Planning Report for April 14, 2005 Harvey & Diane Johnstone 2005-8-13 234 Line 9 South, Concession 9. East Part Lot 22 (Oro) THE PROPOSAL The purpose of application 2005-B-13 is to permit the creation of a new residential 101. The land to be severed is proposed to have a lot frontage of approximately 106.68 metres (350 feet), a lot depth of approximately 76.2 metres (250 feet) and a lot area of approximately 0.8 hectare (2 acres). The land proposed to be retained would have a lot area of approximately 41.6 hectares (102.8 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- Area proned to floods, swales should be in place. Entrance to be determined with entrance permil. Building Department- The Township Building Depl. has reviewed this application and make note that the proposal appears to meet the minimum standards Fire Department- Engineering Department-No concerns as long as setback from creek can be met for buildings PLANNING DEPARTMENT Background The request of the applicant is to sever a new residential lot with a lot frontage of approximately 106.68 metres (350 feet) along Line 9 South and having a lot area of about 0.8 hectare (2 acres). The retained parcel would have a lot area of about 41.6 hectares (102.8 acres). 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 101. 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. & Ms. Johnstone has owned the property for the past 25 years. Section 02.3.3 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 42.4 hectares which would satisfy subsection (a). Township records indicate that the two residential lots severed off from the parcel were taken off prior to 1973, satisfying criteria (b). The severed lot is situated in a location which will allow for the continued use of the remainder of the property for agricultural purposes and the proposed lot would have a lot area of approximately 0.41 hectares, meeting the minimum 0.4 hectare lot area requirement which would satisfy subsections (c) and (d). Based on site inspection, the proposed lot will not be closer than 200 metres to a barn or feedlot, satisfying criteria (e). Favourable comments were received from the Roads and Building Departments, which would satisfy subsections (f), (g) and (h), Should the Committee feel satisfied that the applicants meet the definition of a bona fide farmer, the application would be deemed to generally conform with the policies of the Official Plan. ZONING BY-LAW 97-95 The subject property is currently zoned Agricultural/Rural (AlRU) in the Township's Zoning By-law 97-95, as amended. The proposed severed lot would be required to be rezoned as a condition of consent to reflect its intended usage for residential purposes. The retained lot would continue to comply with the provisions of the Agricultural/Rural (AlRU) zone for agricultural purposes and the proposed severed lot would meet the minimum requirement of the Rural Residential Two (RUR2) Zone. CONCLUSION The application generally conforms with the policies of the Agricultural designation subject to the Committee being satisfied that the applicants meet the definition of a bona fide farmer RECOMMENDATION It is recommended that Committee Grant Provisional Consent for Application 2005-8-13 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 applicants' solicitor 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; 4. That the applicant apply for and obtain a re-zoning on the severed land to accurately reflect the residential land use; 5. That a Development Charges Fee in the amount of $4055.78 be paid to the Township of Oro-Medonte; 6. That the applicant pay $ 2000.00 for the lot created as cash-in-lieu of a parkland contribution; 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. A t;;:'''~"''Y '~m.'d Andy Karaiskakis Junior Planner Reviewed by, ---1 ~ -tyt Andria Leigh, MCIP. RPP Planning Consultant Township of Oro-Medonte Committee of Adjustment Planning Report for April 14, 2005 John Green 2005-A-09 727 Woodland Drive, Concession 2, East Part Lot 18 (Oro) THE PROPOSAL The applicant is proposing to extend the existing attached garage with a 18.1 m2 (195 1t2) addition at the front of the garage and is requesting relief of the following provision from Zoning By-law 97-95: . i. Setback from the minimum required front vard of 7.5 metres (24.6 feet) to a proposed 4.26 metres (14 feet) for the proposed addition. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Shoreline Zoning By-law 97-95 - Shoreline Residential Exception (SR'2) Zone Previous Applications - AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County 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 subject property has a lot frontage of approximately 12. 3 metres (40.5 feet), a lot depth of approximately 49.7 metres (163 feet), a shoreline frontage of approximately 16.2 metres (53 feet) and a lot area of approximately 663 m2 (7137 ft'). The applicant proposes to extend the attached garage with a 18.1 m2 (195 1t2) addition at the front of the garage. The proposed addition would be located 4.26 metres (14 feet) from the front lot line. The Four Tests of the Minor Variance Does the variance conform with the general intent of the Official Plan? The property is designated Shoreline. The permitted uses on lands designated Shoreline are single detached dwellings, home occupations and open space uses. The proposed variance, which would permit the extension of the existing garage attached to the dwelling closer to the front lot line would be in keeping with the intent of the Official Plan. Does the variance conform with the general intent of the Zoning By-law? One of the purposes of maintaining minimum front yards in the Shoreline Residential Zone is to maintain and protect the character of the residential community. However, it is also the intent of the By-law to permit adequate parking area for vehicles in a residential area. Given that the existing attached garage is not of an adequate size to store a vehicle and the lot is somewhat constrained given its size and the location of the existing dwelling, the proposed variance is considered to conform with the spirit and intent of the Zoning By-law. Is the variance appropriate for the desirable development of the lot? The subject application has been precipitated to some degree by the existing location of the house. Based on a site inspection the proposed addition, although located very close to the road, should not detract from the character of the lot or the surrounding neighbourhood. On this basis, the subject variance should provide for the appropriate and desirable development of the lot. Is the variance minor? On the basis that the existing garage and proposed addition is buffered by a cedar hedge located along the property line adjacent to 729 Woodland Drive, and given that the proposed addition will not be out of character with the surrounding residential lots, the requested relief is deemed to be minor. CONCLUSIONS The proposed variance generally satisfies the 4 tests of a minor variance as reviewed above. RECOMMENDATION It is recommended that the Committee approve Minor Variance Application 2005-A-09 subject to the following conditions: 1. That prior to issuance ot a building permit, 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 setbacks be in conformity with the dimensions as set out in the application and on the sketch submitted with the application; 3. That the proposed addition be no closer than 4.26 metres (14 feet) from the front lot line; 4. That the applicant maintain the minimum interior side yard setback of 1.5 metres (4.92 feet) as stated for Exception Two ('2) in Zoning By-law 97-95 as amended for the addition; 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, Reviewed by, ^~ Andy Karaiskakis Junior Planner .---1J ~o1 Andria Leigh MCIP, RPP Planning Consultant Township of Oro-Medonte Committee of Adjustment Planning Report for April 14, 2005 David Burgess & Raymond Lalande 2005-A-08 98 Lakeshore Road East, Plan 589, Lots 111, 112. 113 (Oro) THE PROPOSAL The applicants are requesting permission from the Committee of Adjustment to expand a legal non-conforming use (the dwelling) by allowing a half storey addition on a one storey dwelling which is within the minimum required setbacks from the interior, exterior and rear property lines. It is the applicants' intent to replace the dwelling in the existing location and by adding a half storey addition. More specifically. the applicants are proposing the following: . To enlarge the detached dwelling with a proposed 67.44 m' (726 It') half storey addition that necessitates the following: . Relief from the minimum required interior side yard of 3 metres (9.8 feet) to 2.64 metres (8.66 feet) for the dwelling; . Relief from the minimum required rear yard of 7.5 metres (24.6 feet) to 2.63 metres (8.62 feet) for the west side of the dwelling and to 2.02 metres (6.62 feet) for the east side of the dwelling; . Relief from the minimum required exterior side yard of 7.5 metres (24.6 feet) to 2.5 metres (8.2 feet) for the dwelling . Relief is also being requested from the minimum required rear yard and interior side yard of 2 metres (6.5 feet) to 0.24 metres (0.78 feet) for the detached shed. 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- Building Department - The Township Building Dept. has reviewed this application and make note of change of use application 1034/05 and letter dated March 22, 2005. Fire Department- Engineering Department-No concerns PLANNING FRAMEWORK Background The subject property has a road frontage of approximately 15.24 metres (50 feet) along Lakeshore Road, a lot depth of approximately 28.38 metres (93.13 feet) along Oro Road, and a lot area of approximately 557.4 m (6,000 It'). The lands are currently vacant. It is the applicants' intent to replace the dwelling in the existing location and by adding a half storey addition. The proposed dwelling will be setback approximately 24.6 metres (81 feet) from the front property line, approximately 2.63 metres (8.62 feet) from the rear property line and approximately 2.5 metres (8.2 feet) from the exterior lot line. The applicant also proposes to add a 1.4 m (4.6 It) by 2 m (6.6 It) landing to the west side of the proposed dwelling being setback approximately 3.5 m (11.5 It) from the exterior lot line. As noted, the dwelling is within the minimum required setbacks from the interior, exterior and rear property lines. 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 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 proposed new addition to the dwelling would appear to be minor in size and would maintain the character of the shoreline residential area and would therefore satisfy criteria (a) and (b). The proposed addition. which is an expansion 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 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 addition should not adversely impact surrounding features as the addition is considered reasonable in size and will maintain the existing setbacks from the property lines. The replacement of the shed would not adversely impact the surrounding residential area, as the shed would be situated in the exact location as it once existed. 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 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 the Committee approve Minor Variance Application 2005-A-08 as follows: THAT PERMISSION TO EXPAND A LEGAL NON-COMPLYING STRUCTURE IS GRANTED FOR 98 LAKESHORE ROAD EAST FOR A 67.44 M' (726 FT') HALF STOREY ADDITION TO THE 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 July 30, 1986 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 dwelling: i) be no closer than 2.64 metres (8.66 feet) from the interior side yard; ii) be no closer than 2.63 metres (8.62 feet) for the west side of the dwelling and to 2.02 metres (6.62 feet) for the east side of the dwelling from the rear yard; iii) be no closer than 2.5 metres (8.2 feet) from the exterior side yard; and so that the detached shed be no closer than 0.24 metres (0.78 feet) from the rear and interior side yards. 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; and, 4. That the applicants satisfy the comments from Kim Allen, Manager of Building Services letter dated March 22, 2005. All of which is respectfully submitted, A(~cl&\;v Andy Karaiskakis Junior Planner Reviewed by, ~~~~ Andria Leigh, MCIP, RPP Planning Consultant 3 Township of Oro-Medonte Committee of Adjustment Planning Report for April 14, 2005 Steve & Lori Dyball 2005-A-07 565 Line 8 North, Concession 9, West Part Lot 17 (Oro) THE PROPOSAL The applicants are requesting relief of the following provisions from Zoning By-law 97-95: i. Section 5.1.6 Maximum floor area for detached accessory buildings of 70 m' (753 It') to 89,06 m' (958 It') for a proposed garage; and, ii. Section 5.28 Setbacks from Limits of Environmental Protection Zone, to construct a detached garage in the 30 metre (98.4 feet) boundary of the Environmental Protection Zone. The north-east corner and the south-east corner of the proposed garage will be setback approximately 27.3 metres (89.5 feet) and 29.3 metres (96.1 feet) respectively from the Environmental Protection Boundary Line. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Agricultural Zoning By-law 97-95 - Rural Residential Two (RUR2) Zone AGENCY COMMENTS (space is provided for the Committee to make notes) Municipal Works/Roads- Building Department- Building Department 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 lot frontage of approximately 44.5 metres (146 feet), a lot depth of approximately 60.96 metres (200 feet) and a lot area of approximately 0.27 hectares (0,67 acres), The property currently contains a 117 m' (1260 fe) single storey dwelling and a detached storage shed located south of the dwelling, It is the a,Rplicant's intent to build a detached accessory building (garage) with an area of 89.06 m' (958 It), The proposed garage will be setback approximately 6.1 metres (20 feet) from the rear property line and 2 metres (6,5 feet) from the interior side property line. Approximately 17,33 m' (186.6 It') of the detached garage falls within the 30 metre (98 feet) setback limits of the Environmental Protection Zone, therefore relief from the Zoning By-law is being requested, The Four Tests of the Minor Variance Do the variances conform with the general intent of the Official Plan? The property is designated Agricultural in the Official Plan. Section D2.1 of the Township's Official Plan sets out the following objectives for the Agricultural designation, . To maintain and preserve the agricultural resource base of the Township. . To protect land suitable for agricultural production from development and land uses unrelated to agriculture. . To promote the agricultural industry and associated activities and enhance their capacity to contribute to the economy of the Township. . To preserve and promote the agricultural character of the Township and the maintenance of the open countryside. The principle use of land in the Agricultural designation shall be agriculture. Other permitted uses include single detached dwellings and other accessory uses. The applicant's proposal does not appear to offend these principles given that the variances will accommodate development of a detached accessory building accessory to the permitted residential use and would not appear to have a negative impact on the agricultural character of the area. On this basis the proposal is considered to conform with the intent of the Official Plan. Do the variances conform with the general intent of the Zoning By-law? One of the purposes of maintaining setbacks from limits of Environmental Protection Zone is to maintain and enhance the ecological integrity of the natural heritage system, to ensure that development does not occur on lands that are unstable or susceptible to flooding and to ensure that development does not occur on hazardous slopes. Section 5.28 of the implementing Zoning By-law specifies that all buildings and structures be set back a minimum of 30 metres (98.4 feet) from the boundaries of the Environmental Protection Zone. A reduction in the 30 metre setback shall not require an Amendment to Official Plan but will require either an Amendment to the implementing Zoning By-law or a minor variance subject to the comments of the appropriate agencies. Matters to be considered in reviewing an application to reduce the setback include: . the nature of the soils; . the nature of the vegetation and cover; . the slope of the land; . the nature of existing and proposed drainage patterns; . the nature of the fish and wildlife that may be present; and, . the scale of the proposed development. Based on a site inspection of the subject property. the proposed locafion of the detached garage will not impact any of the above noted factors. Therefore the proposal generally conforms with the intent of the Zoning By-law. Are the variances appropriate for the desirable development of the lot? The nature of development proposed appears modest and will not lead to over development of the lot. The proposed variances should provide for a form of development that is suitable and consistent with the surrounding area by allowing a detached accessory building associated with a residential use. On this basis the proposed variance should provide for the appropriate development of the lot. The proposed accessory building would appear to be consistent with a residential use and would be considered appropriate for the desirable development of the lot. Are the variances minor? On the basis that the variance will permit the construction of a detached accessory building in the setback limits of the Environmental Protection zone at a distance of at least 27.4 metres (90 feet) the requested relief is deemed to be minor. CONCLUSIONS The proposed application for a detached accessory building of 89.06 m' (958 ft') would appear to satisfy the four tests of the minor variance as reviewed above. RECOMMENDATIONS It is recommended that the Committee approve Minor Variance Application 2005-A-07 to permit an 89.06 m' (958 ft') detached accessory building in the setback limits of the Environmental Protection (EP) zone and subject to the following conditions: 1. That prior to issuance of a building permit, 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 north-east corner and the south-east corner of the proposed garage will be setback no closer than 27.3 metres (89.5 feet) and 29.3 metres (96.1 feet) respectively from the Environmental Protection Boundary Line. 3. That the proposed garage be no closer than 2 metres (6.5 feet) from the interior side lot line; 4. That the proposed garage be no closer than 6.1 metres (20 feet) from the rear lot line; 5. 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, 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, ~~ Andy Karaiskakis Junior Planner Reviewed by, --4J --trL Andria Leigh MCIP, RPP Planning Consultant Township of Oro-Medonte Committee of Adjustment Planning Report for April 14, 2005 Viola Tuck 2005-8-09 861 Penetanguishene Road. Concession 1, South Part Lot 16 (Oro) THE PROPOSAL The purpose of application 2005-B-09 is to permit the creation of a new residential lot. The land to be severed is proposed to have a lot frontage of approximately 45.72 metres (150 feet), a lot depth of approximately 91.44 metres (300 feet) and a lot area of approximately 0.41 hectare (1.03 acre). The land proposed to be retained would have a lot area of approximately 38.3 hectares (94.6 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- Existing field entrance is not acceptable for new residential driveway. New field entrance may have to be applied for, because of new lot creation. 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 request of the applicant is to sever a new residential lot with a lot frontage of approximately 45.72 metres (150 feet) along the 15/16 Side road and having a lot area of about 0.41 hectares (1.03 acres). The retained parcel would have a lot area of about 38.3 hectares (94.6 acres). OFFICIAL PLAN The subject property is designated Agricultural in the Official Plan. There are policies contained within Section D2.3.2 and 02.3.3 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 Ms. Tuck has owned the property for the past 47 years. Section 02.3.3 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 39 hectares which would satisfy subsection (a). There is no documentation at the Township office that indicates a severance from the subject property since 1973, thereby satisfying criteria (b). The Township records indicated that the six existing residential lots were severed prior to 1973. The severed lot is situated in a location which will continue the residential development of the existing four lots along the 15/16 Sideroad and will allow for the continued use of the remainder of the property for agricultural purposes. The proposed lot would have a lot area of approximately 0.41 hectares, meeting the minimum 0.4 hectare lot area requirement which would satisfy subsections (c) and (d). Based on site inspection, the proposed lot will not be closer than 200 metres to a barn or feedlot, satisfying criteria (e). Comments from the Roads Superintendent indicate that the existing field entrance is not acceptable for a new driveway. An upgraded entrance will be required to satisfy subsections (f) and (g) and will be recommended as a condition. Comments from the Building Department state that the proposal appears to meet the minimum standards, which would satisfy subsection (h). Should the Committee feel satisfied that the applicant meets the definition of a bona fide farmer, the application would be deemed to generally conform with the policies of the Official Plan. ZONING BY-LAW 97-95 The subject property is currently zoned Agricultural/Rural (AlRU) in the Township's Zoning By-law 97-95, as amended. The proposed severed lot would be required to be rezoned as a condition of consent to reflect its intended usage for residential purposes. The proposed severed lot would meet the minimum requirement of the Rural Residential Two (RUR2) Zone. The retained lot would continue to comply with the provisions of the Agricultural/Rural (AlRU) zone for agricultural purposes CONCLUSION 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 in Section D2.3.2.1. RECOMMENDATION It is recommended that Committee Grant Provisional Consent for Application 2005.B-09 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 applicants' solicitor 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 apply for and obtain a re-zoning on the severed land to accurately reflect the residential land use; S. That a Development Charges Fee in the amount of $ 4055.78 be paid to the Township of Ora-Medonte; 6. That the applicant pay $ 2000.00 for the lot created as cash-in-lieu of a parkland contribution; and, 7. That the conditions of consent imposed by the Committee be fulfilled within one year fram the date of the giving of the notice. All of which is respectfully submitted, ~y~~~ Andy Karaiskakis Junior Planner Reviewed by, --1~ --f~ Andria leigh, MCIP, RPP Planning Consultant Township of Oro-Medonte Committee of Adjustment Planning Report for April 14, 2005 Audrey Evans 2005-8-15 Concession 13, Part Lot 12 (Oro) THE PROPOSAL The purpose of application 2005-B-15 is to permit a boundary adjustment/lot addition. The land to be conveyed and added to the lot immediately to the north. Part 6 on the attached sketch, would have a lot frontage of approximately 146.3 metres (480 feet) along Line 13 North, a lot depth of approximately 222.5 metres (730 feet) and a lot area of approximately 3.2 hectares (8 acres). The resultant lot area of the enhanced parcel, Part 6, would be 16 hectares (40 acres). The land proposed to be retained would have a lot area of approximately 36.2 hectares (89.57 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-1/03 (Re-creation of lots, approved) AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County- Municipal Works and Roads- 3 metres required on west side of road from south end to north end of land to be severed and conveyed. Entrance to conveyed land will be determined with entrance approved. Building Department- The Township Building Dept has reviewed this application and note that proposal appears to meet the minimum standards. Engineering Department-No Concerns PLANNING DEPARTMENT BACKGROUND The purpose of this application is to convey and add approximately 8 acres from the 89.57 acre parcel to the 36 acre parcel immediately to the north which is currently a vacant lot. The resultant lot area of the parcel to be retained would be approximately 89.57 acres. OFFICIAL PLAN Section D2.3.4 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 and be viable. The land to be conveyed will be for utilized as a building envelope for a residence 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 (A/RU) in the Township's Zoning By-law 97-95, as amended. The severed lot and retained lots would continue to comply with the provisions of the A/RU zone for agricultural/residential 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 complies with the minimum frontage and area requirements of the (A/RU) Zone. No new building lots are being created by this application. RECOMMENDATION It is recommended that the Committee grant Provisional Consent regarding Application 2005-B- 15 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 and submitted to the Secretary-Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the severed lands be merged in title with the northerly 36 acres 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 applicant's 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. AIIIV:~:c~~~ respectfully submitted, An~is Junior Planner Reviewed by, ------1J. -e.-J Andria Leigh, Md1=>, RPP Planning Consultant Township of Oro-Medonte Committee of Adjustment Planning Report for April 14, 2005 Georjan Farms Limited 2005-8-16 1265 Line 13 North, Concession 14, West Part Lot 8, West Part Lot 9 (Ora) THE PROPOSAL The applicants have applied for consent for a technical severance to re-create a lot. The lands proposed to be severed would have a lot area of approximately 40.47 hectares (100 acres). The lands to be retained would have a lot area of approximately 40 hectares (99 acres). MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Agricultural & Mineral Aggregate Resources 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- Agricultural or residential entrance to be determined with entrance permit 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 80.53 hectare (199 acre) parcel with approximately 1160 metres (3,805 feet) fronting on Line 13 North. In 1883, Mr. Robert M. Roberts claimed title to the' 100 acres legally described as the West Half of Lot 9. Concession 14. In 1885, Mr. Roberts took possession of the 100 acres described as the West Half of lot 8, Concession 14. In 1931 when James Roberts, Arthur Roberts and Mary Roberts transferred both 100 acre lots to Andrew Roberts, the parcels merged. The purpose of this technical severance is to sever the vacant 100 acre parcel of the West Half of Lot 9. OFFICIAL PLAN Section D3.3.7 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, Line 13 North, 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 By reviewing the deeds provided by the applicants, they confirm the merger between the two 100 acre parcels. The proposal appears to meet the criteria required by Section 03.3.7 of the Official Plan. 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-16 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 or a registerable description and 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. ^'A~:;:""'" ,_M Andy Karaiskakis Junior Planner Reviewed by, ---1..J--i-y1 Andria Leigh. MCIP, RPP Planning Consultant Township of Oro-Medonte Committee of Adjustment Planning Report for April 14. 2005 Harvey Johnstone 2005-8-11 137 Line 9 South, Concession 10, West Part Lot 21 (Oro) THE PROPOSAL The purpose 01 application 2005-B-11 is to permit the creation 01 a new residential lot. The land to be severed is proposed to have a lot lrontage of approximately 90 metres (295 feet), a lot depth 01 approximately 90 metres (295Ieet) and a lot area 01 approximately 0.8 hectare (2 acres). The land proposed to be retained would have a lot area 01 approximately 39.4 hectares (97.5 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- Entrance to be determined with entrance permit 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 request 01 the applicant is to sever a new residential lot with a lot lrontage 01 approximately 90 metres (295 leet) along Old School House Road and having a lot area 01 about 0.8 hectares (2 acres). The retained parcel would have a lot area 01 about 39.4 hectares (97.5 acres). OFFICIAL PLAN The subject property is designated Agricultural in the Of Ii cia I Plan. There are policies contained within Section 02.3.2 and 02.3.3 which should be considered by the Committee in relation to the subject application. As the intent 01 the Plan is to protect lands suitable lor agriculture the creation of new lots lor residential purposes is only permitted for use by a retiring bona lide farmer or is considered an inlilling lot. Section 2.3.2.1 defines a bona fide larmer as "a lull time larmer who is retiring from active working lile and who has owned and operated a farm operation on the lot lrom which the severance is proposed lor at least 10 years with such larm 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. Johnstone has owned the property for the past 30 years. Section 02.3.3 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 39.4 hectares which would satisfy subsection (a). Township records indicate that the 2.5 acre residential lot located on the northern part of the 100 acres was severed off prior to 1973, satisfying criteria (b). The severed lot is situated in a location which will allow for the continued use of the remainder of the property for agricultural purposes and the proposed lot would have a lot area of approximately 0.41 hectares. meeting the minimum 0.4 hectare lot area requirement which would satisfy subsection (c) and (d). Based on site inspection, the proposed lot will not be closer than 200 metres to a barn or feedlot, satisfying criteria (e). Favourable comrnents were received from the Roads and Building Departments, which would satisfy subsections (f), (g) and (h). Should the Committee feel satisfied that the applicant meets the definition of a bona fide farmer, the application would be deemed to generally conform with the policies of the Official Plan. ZONING BY-LAW 97-95 The subject property is currently zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97 -95, as amended. The proposed severed lot would be required to be rezoned as a condition of consent to reflect its intended usage for residential purposes. Once re-zoned, the proposed severed lot would meet the minimum requirement of the Rural Residential Two (RUR2) Zone. The retained lot would continue to comply with the provisions of the Agricultural/Rural (AIRU) zone for agricultural purposes CONCLUSION 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 RECOMMENDATION It is recommended that Committee Grant Provisional Consent for Application 2005-6-11 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 applicants' solicitor 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; 4. That the applicant apply for and obtain a re-zoning on the severed land to accurately reflect the intended residential land use; 5, That a Development Charges Fee in the amount of $4055,78 be paid to the Township of Oro-Medonte; 6, That the applicant pay $ 2000,00 for the lot created as cash-in-lieu of a parkland contribution; 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, --1J 4 Andria Leigh, MCIP, RPP Planning Consultant Township of Oro-Medonte Committee of Adjustment Planning Report for April 14, 2005 Georjan Farms Limited 2005-8-17 1265 Line 13 North, Concession 14, West Part Lot 8, West Part Lot 9 (Oro) THE PROPOSAL The applicants have applied for consent for a boundary adjustment! lot addition. The purpose of this application is to convey and add approximately 25 acres from the 99 acre parcel to the 100 acre parcel. The resultant lot area of the parcel to be retained would be approximately 74 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 & Mineral Aggregate Resources Zoning By-law 97-95 - Agricultural/Rural (A/RU) Zone & Mineral Aggregate Two (MAR2) Previous Applications - 2005-B-16 (Re-creation of lots) AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County- Municipal Works and Roads- Agricultural or residential entrance to be determined with entrance permit Building Department- The Township Building Dept has reviewed this application and note that proposal appears to meet the minimum standards. Engineering Department-No Concerns PLANNING DEPARTMENT BACKGROUND This application is conditional upon consent application 2005-B-16 being approved for the re- creation of a 100 acre and 99 acre parcels. The purpose of this application is to convey and add approximately 25 acres from the 99 acre parcel to the 100 acre parcel immediately to the north which is currently a vacant lot. The resultant lot area of the parcel to be retained would be approximately 74 acres and is also currently vacant. OFFICIAL PLAN The subject property is designated Agricultural & Mineral Aggregate Resources in the Township's Official Plan. There is no specific policy in the Mineral Aggregate Resources designation for Committee to consider applications for boundary adjustments. When considering these types of applications, Committee must be satisfied that no new lot is being created and that the effect of the boundary adjustment will not adversely impact the surrounding area. In reviewing the application, no new building lots will be created, and the severed and retained parcels will continue to be maintained as large agricultural lots. 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) and Mineral Aggregate Two (MAR2) 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 and MAR2 zones for agricultural/aggregate 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 and Mineral Aggregate Resources designations and the severed and retained lands would comply with the minimum frontage and area requirements of the A/RU and MAR2 Zones respectively. No new building lots are being created by this application. RECOMMENDATION It is recommended that the Committee grant Provisional Consent regarding Application 2005-B- 17 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 or a registerable descriptions be submitted to the Secretary-Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the severed lands be merged in title with the northerly 100 acres 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 satisfy the conditions relating to Consent Application 2005-B-16; 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 ~ ~:CtfUIlY submitted, Ani: Karaiskakis Junior Planner Reviewed by, .~~ -t.yL Andria Leigh MCIP, RPP Planning Consultant Committee of Adiustment Minutes Thursdav March 10.2005.9:30 a.m. In Attendance: Chairman Allan Johnson, Member Lynda Aiken, Member Dave Edwards, Member Michelle Lynch, and Director of Planning Andria Leigh. Absent Member: Garry Potter Absent Staff: 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 declared 3. Hearinas: 9:30 Robert Marchessault & Teresa Cullen Cone. 5, West Part Lot 16 (Oro) 108815/16 Sideroad West 2005-A-04 In Attendance: Mr. Robert Marchessault & Ms. Teresa Cullen, applicants BE IT RESOLVED that: Moved by Dave Edwards, seconded by Michelle Lynch "That the Committee hereby 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 m2 (522 ft2) and the addition be located no closer than 2.0 metres (6.5 feet) from the interior side yard; 2. 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, 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. .. ...Carried," Committee of Adjustment-Mar-ch 10,2005 Page 1 9:40 Roger Oatley 2005-A-05 Conc.1, Plan 1561, Lot 5, Part of Lot 6 (Oro) 15 Georgina Drive In Attendance: Mr. Ted Handy, architect, and Mr. Roger Oatley, applicant BE IT RESOLVED that: Moved by Dave Edwards, seconded by Lynda Aiken "That the Committee hereby Approve Minor Variance Application 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; 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. .. ...Carried." Committee of Adjustment-March 10, 2005 Page 2 9:50 1267866 Ontario Ltd Cone. 8, Part Lot 16 757 Line 7 N. (Oro) 2005-B-04 In Attendance: Ms. Josephine Martensson-Hemsted and Mr. John Martensson, applicants, Mr. Doug McBride, neighbour BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Dave Edwards "That the Committee hereby Grant Provisional Consent regarding Application 2005-8-04 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~March 10, 2005 Page 3 10:00 Crescent Construction Limited Cone. 11, Part Lots 10 & 11 (Medonte) 1160 Mount St. Louis Road E. 2005-B-05 In Attendance: Mr. Murray George Vivian, neighbour, and Robert Gray, neighbour BE IT RESOLVED that: Moved by Dave Edwards, seconded by Michelle Lynch "That the Committee hereby Grant Provisional Consent regarding Application 2005-8-05 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. .....Carried." Committee of Adjustment-March 10, 2005 Page 4 10:10 Horseshoe Valley Resort 2005-B-06 Conc.3, Part East Half Lots 1 & 2, being Parts 2, 10, 11, 12, 13, 15,18,21 & 31 on RP 51R-32830 (Medonte) In Attendance: Ms. Ellen Dunn, representing Horseshoe Valley Resort BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Dave Edwards "That the Committee hereby Grant Provisional Consent regarding 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. .. ...Carried." Committee of Adjustment~March 10, 2005 Page 5 10:20 Carl Campitelli & Giovanni Campitelli 2005-B-07 Cone. 6, Part Lot 7, Part 1 on RP 51R-15836 (Medonte) In Attendance: Mr. Carl Campitelli, applicant, Mr. Robert Shannon, neighbour, Mr. Mark Phillips, neighbour, and Mr. Ed Balko, neighbour BE IT RESOLVED that: Moved by Dave Edwards, seconded by Lynda Aiken "That the Committee hereby Grant Provisional Consent regarding 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 Oro-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 from the Roads Department; 6. That the applicants prepare an Environmental Impact Study (EIS) required under Section 3.7.6 of the County Official Plan, to the satisfaction of the County and Township; 7. 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; 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-March 10, 2005 Page 6 10:30 Tim & Shelley Pierce Plan 1464, Lot 76 (Oro) 3 Mazepa Place 2005-A-06 In Attendance: Mr. Tim Pierce and Ms. Shelley Pierce, applicants BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Michelle Lynch "That the Committee hereby Approve Minor Variance Application 2005-A-06 as follows: 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 survey/real 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. .. ...Carried." Committee of Adjustment-March 10, 2005 Page 7 10:40 Donald & Sherry Hubbert 2005-B-08 Cone. 6, Part Lot 7, Part 1 on RP 51R-15836 (Medonte) In Attendance: Mr. Don Hubbert and Ms. Sherry Hubbert, applicants BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Michelle Lynch "That the Committee hereby Grant Provisional Consent regarding 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. .. ...Carried." Committee of Adjustment.March 10, 2005 Page 8 6. Other Business i. Revise decision for 2005-A-01 (Vandergeest) COMMITTEE OF ADJUSTMENT DECISION to MODIFY CONDITIONS OF APPROVAL WHEREAS Committee deems it necessary to clarify the conditions of the minor variance and finds the modifications to be minor and of a technical nature, and WHEREAS Committee deems the changes to the conditions to be minor and therefore no Notice of the change to conditions is required; NOW THEREFORE BE IT RESOLVED that: Moved by Dave Edwards, seconded by Michelle Lynch "That the Conditions to Minor Variance Application 2005-A-01 be modified to state: THAT PERMISSION TO EXPAND A LEGAL NON-COMPLYING STRUCTURE IS GRANTED FOR 847 LINE 3 NORTH FOR A 74.4 M2 (801 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 74.4 m2 (801 fe); 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. .. ...Carried." Committee of Adjustment-March 10, 2005 Page 9 ii. Adoption of minutes for February 10, 2005 Meeting Moved by Dave Edwards, Seconded by Lynda Aiken 'That the minutes for the February 10th 2005 Meeting be adopted as printed and circulated ...Carried." Iii. Appointment of Secretary-Treasurer Moved by Lynda Aiken, Seconded by Dave Edwards "That the Committee hereby appoints Andy Karaiskakis as Secretary- Treasurer for the Committee of Adjustment. .. .Carried." 7. Adiournment Moved by Michelle Lynch, Seconded by Lynda Aiken "We do now adjourn at 11 :55 a.m." ... Carried." (NOTE: A tape of this meeting is available for review.) Chairperson, Allan Johnson A~ Secretary-Treasurer, Andy Karaiskakis Committee of Adjustment-March 10, 2005 Page 10