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05 12 2005 C of A AgendaCommittee of AdWstment Agenda Thursday May 12th 2005, 9:30 a.m. 1. Communications and Correspondence 2. Disclosure of Pecuniary Interest 3. Hearings: 9:30 2005 -A -10 The Harrison Family Cottage Plan 1284, Lot 2, Part Block A (Oro) 3055 Ridge Road West 9:40 2005 -B -18 Patti Jane Crawford Conc. 8, West Part Lot 26 (Oro) 985 Line 7 South 9:50 2005 -B -12 Ian Johnstone Conc. 10, West Part Lot 22 (Oro) 10:00 2005 -A -12 DTR Drywall Conc. 1, East Part Lot 4 (Orillia) 1176 Line 15 North 10:10 2005 -A -13 Henrietta & Frank Houston Conc. 1, Part Lot 39 (Vespra) 3276 Penetanguishene Road 10:20 2005 -A -14 Sharon Van Noort Plan 791, Lot 39 (Orillia) 8 Goss Road 10:30 2005 -B -10 Muriel & Bradley Chestnut Conc.6, East Part Lot 21 (Oro) 118 Line 6 South 10:40 2005 -A -15 Paul Hutchison and Joyce Fletcher Conc. 11, Plan 232, Lot 11 (Oro) 294 Line 11 South 10:50 2005 -A -16 Dwight & Wendy Holm Conc.8, West Part Lot 11 (Medonte) 164 Mount St. Louis Road East 5. Decisions 6. Other business - Adoption of minutes for April 14, 2005 Meeting 7. Adjournment Township of Oro- Medonte Committee of Adjustment Planning Report for May 12, 2005 The Harrison Family Cottage 2005 -A -10 3055 Ridge Road West Plan 1284 Lot 2 Part Block A (Oro) THE PROPOSAL 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 mz (753 If) to a proposed 141.9 m2 (1,528 ft?) 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 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 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 315.86M2 (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. The application was deferred last month for the Committee to conduct a site inspection of the subject property, which was completed on May 3, 2005. 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, the proposed decks are strategically located where it will protect the cedar, pine and birch trees and will protect areas of potential erosion. 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 Terraprobe 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, Mr. Matt Pryce indicated that the configurations of the decks were designed in order to preserve the mature tree and shrubs located on the slope. He also indicated that a retaining wall will be constructed behind the decks to prevent future erosion. As indicated in the Terraprobe report dated May 6, 2005, the current slope is considered to be stable and the proposed decks are to be supported on vertical columns that are advanced into the slope soil. The report recommends further that vegetative cover should be established to prevent erosion from occurring once construction is complete. On this basis, the proposal is considered 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 was determined that proposed decks would be appropriate for the desirable development of the lot and in keeping with the surrounding residential area as the decks will be constructed in a manner which will not obstruct the view of both abutting neighbours as the proposed decks would appear to be buffered by large mature trees on either side of the subject property from the neighbouring properties. Furthermore, the subject property is on a lower grade than the abutting neighbours, and with the decks being an additional one foot lower, the proposed decks would be appropriate for the desirable development of the lot. Are the variances minor? On the basis that the proposed decks would be located in a manner that will allow the preservation of the vegetation on the embankment and will protect areas of potential erosion, and the proposal appears to conform with the tests above, proposed variances are considered to be minor in nature. CONCLUSIONS The requested variances generally satisfy the four tests of a minor variance as noted above RECOMMENDATIONS It is recommended that Committee approve Minor Variance Application 2004 -A -36 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. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report prepared by an Ontario Land Surveyor; 3. That the applicant obtains approval and a permit, if required, from the Lake Simcoe Region Conservation Authority; and, 4. That the setbacks be in conformity with the dimensions as set out in the application and by the sketch submitted with the application and approved by the Committee. All of whichc is respectfully submitted, An y Karaiskakis Junior Planner Reviewed by, Andria Leigh, MCIP, RPP Planning Consultant 3 {' � rlJ MAY 0 4 2005 �,'�'`�G;'(ci�-+Mr�1 � �(,. �"'w'h; 1'�/yiJ c �.PNi l i Q 6 - ORO MEDONTE TOWNSHIP H,4. AVCbll) kyqA H064Wan 466�� -r\ Pm o-'Ct4 � JaU 14 T�r a,?\ anck &nc� 4f�JTo /� (Z pD t�i ��+ l �Ac4CS CvJ " .} (� oo �R o L "`k 0'1 ill cv�v u'V�k p+v� Wa A-kk I ar Om.� (l Aa ,� �j f ie J ��'-�'... rr!! �n 4 /1 o w .�v 1,�lw��F /���� .b cl d d l s Ur. aAXa,� o� Qllu`�un �c n c� Q 7yl uYl. 4"Ia uvo 4t0 � owe '-wtt�,/j�. QC �, m(„ �. (J ^s�.' ._ ft- C- �1 � n4j1 o� l g%-r.jz r9ju cl � w� I DIM �f See aka a,,, � olu CoW4rVh0CL rL IJ W, , Unrj c '- wk w Cl ,J i't - �- c*,- G,,v - ^^�� A o i wLt 0-y�, � � 4&-p- 4 L " � 4, p,�4(A) Ae,- 1-,-) T�!fA�wb4 t � ec�,n� �C✓J c 1?ltt*2u-r. �� .P,t;�✓u��� v-un ,ot1��� 1'0 �U;,'� G 4,r., ` 1, A) 8 ask 4o.4 '"0 C,,•,wr� Q J2, 200 C{ awe �' ���'� �„ b� ate, -uu �n c �u ^� l en cfias- - "j� avwuoovL ccKT 6)414 , O t 468 34R- Township of Oro - Medonte Committee of Adjustment Planning Report for May 12, 2005 Patti Jane Crawford 2005 -B -18 Concession 8, West Part Lot 26 (Oro) 985 Line 7 South THE PROPOSAL The applicant has applied for consent for a boundary adjustment/ lot addition. The purpose of this application is to convey and add approximately 1.3 acres from the 60 acre parcel (985 Line 7 South) to the parcel immediately to the east (983 Line 7 South). The resultant lot area of the parcel to be enhanced, 983 Line 7 South, would be approximately 2.3 acres. No new building lots will be created as a result of this boundary adjustment. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation — Rural & Environmental Protection Two Overlay Zoning By -law 97 -95 — Agricultural /Rural (A /RU) & Environmental Protection (EP) Zones Previous Applications — AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County - Municipal Works and Roads - Building Department- The Township Building Dept has reviewed this application and note that the proposal appears to meet the minimum standards. Fire Department - Engineering Department -No Concerns PLANNING DEPARTMENT BACKGROUND The purpose of this application is to convey and add approximately 1.3 acres from the 60 acre parcel, 985 Line 7 S., to be added to the parcel immediately to the east, 983 Line 7 S. The land to be enhanced, 983 Line 7 S. would have an area of approximately 2.3 acres, which contains an existing commercial building. OFFICIAL PLAN There is no specific policy in the Rural 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 retained parcel will continue to be maintained as a rural lot. 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 Environmental Protection (EP) in the Township's Zoning By -law 97 -95, as amended. The land to be severed and conveyed to 983 Line 7 S. would comply with the provisions of the A/RU zone for residential purposes and the retained lot would continue to comply with the provisions of the A /RU zone. The application would therefore generally conform with the policies of the Zoning By -law. CONCLUSION The application generally conforms to the policies of the Rural designation and the retained and severed 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 -6- 18 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 983 Line 7 South 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, Ahdy Karaiskakis Junior Planner Reviewed Jby, Andria Leigh MCIP, RPP Planning Consultant Township of Oro - Medonte Committee of Adjustment Planning Report for May 12, 2005 Ian Johnstone 2005 -B -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 60.96 metres (200 feet), a lot depth of approximately 76.2 metres (250 feet) and a lot area of approximately 0.46 hectare (1.15 acres), as shown on the attached sketch. The land proposed to be retained would have a lot area of approximately 36.3 hectares (89.85 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 60.96 metres (200 feet) along Line 9 South and having a lot area of about 0.46 hectare (1.15 acres). The retained parcel would have a lot area of about 36.3 hectares (89.85 acres). The application was deferred last month by the applicant in order to relocate the proposed new lot to the north corner of the agricultural lot. 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 D2.3.3 identifies the conditions under which new residential lots 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 oft 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 -B -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, B. 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, rw A6 �dy Karaiskakis Junior Planner Reviewed by, Andria Leigh, MCIP, PP Planning Consultant Township of Oro- Medonte Committee of Adjustment Planning Report for May 12, 2005 DTR Drywall 1176 Line 15 N., Concession 1, East Part Lot 4 (Orillia) THEPROPOSAL 2005 -A -12 The applicants are requesting relief from Section 5.1.3, Permitted locations for detached accessory buildings, to permit the construction of a 65.28 m2 (702.69 ft ) single storey garage and are requesting relief of the following provisions from Zoning By -law 97 -95: Required Proposed Minimum Required Front Yard Setback 7.5 m (24.6 ft) Minimum Required Interior Side Yard Setback 1.5 m (4.92 ft) 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) 1.68 m (5.5 ft) 0.3048 m It ft) Public Works and Roads - Building Department -The Township Building Dept. has reviewed this application and comment that the proposed garage appears to be located in the mantle area of the sewage system. This would not be allowed. Minimum 15 metre mantle is required. No septic use permit on file. Engineering Department- No concerns Fire Department PLANNING FRAMEWORK Background The applicants propose to build a detached garage with an area of 65.28 m2 (702.69 ft2) in front of an existing dwelling on a residential lot which has a lot area of 0.06 hectares (0.16 acres). The proposed garage would be located approximately 1.68 metres (5.5 feet) from the front lot line and 0.3048 metres (1 foot) from the side lot line. The applicants are requesting the above noted relief as the subject lot has a narrow lot frontage being 12.19 metres (40 feet) and the location of the existing dwelling being positioned 9 metres (29.5 feet) setback from the water's edge, and as the applicant's currently do not have a garage on the lot, the front yard with the above noted setbacks is the only available building area for the detached garage. 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 primary function of the Shoreline designation is to maintain the existing character of this predominantly residential area and to protect the natural features of the shoreline area and the immediate shoreline. The proposed variance, which would permit the construction of a detached garage in the front yard is 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 a residential area is to maintain and protect the residential character of a single detached residential community. However, it is also the intent of the By -law to permit accessory uses that are reasonable and incidental to a residential use. Given that the applicant does not currently have a garage 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 narrow lot frontage and existing location of the house and septic. Based on a site inspection of the proposed garage location, it 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? The proposal is deemed not to be minor in nature on the basis that the detached garage will not meet the minimum setback distance of 15 metres (49.2 feet) from the sewage system, as noted by the building department. It appears that the proposed garage would be located in the mantle area of the sewage system. CONCLUSIONS The subject application as submitted to permit the construction of a detached garage to be located in the front yard would not satisfy the four tests of a minor variance as it relates to the minimum required setback from the sewage system. RECOMMENDATION It is recommended that Committee defer Minor Variance Application 2005 -A -12 to allow the applicant time to revise the application and address the comments made by the building department with respect to the setback from the sewage system. All of which is respectfully submitted, �w Andy Karaiskakis Junior Planner Reviewed by, Andria Leigh MCIP, RPP Planning Consultant Township of Oro - Medonte Committee of Adjustment Planning Report for May 12, 2005 Henrietta & Frank Houston 2005 -A -13 3276 Penetanguishene Road Conc. 1 Part Lot 39 (Vespra) THE PROPOSAL The applicants are requesting relief of the following provision from Zoning By -law 97 -95: Section 5.4 c) the maximum floor area of an apartment dwelling unit accessory to a single detached dwelling from the permitted maximum of 70 m2 (753.5 ft2) to a proposed maximum of 80.26 m2 (807.3 ft2). MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation — Rural Zoning By -law 97 -95 — Agricultural /Rural (A /RU) Zone Previous Applications — none 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. Engineering Department — No concerns Fire Department PLANNING FRAMEWORK Background The subject property has a road frontage of 241.31 metres (791.69 feet) and a lot area of approximately 47.459 hectares (117 acres). The lands currently have a 81.75 m2 (880 ft) implement shed used for the agricultural operation. The owners are proposing to submit a building permit application for a single detached dwelling with an apartment dwellinp unit. The dwelling will have a gross floor area of 403.19 m2 (4,340 ft2) with a 80.26 m2 (807.3 It ) apartment unit above the garage. Does the variance conform to the general intent of the Official Plan? The property is designated Rural in the Official Plan. The primary function of the Rural designation is to preserve and promote the rural character of the Township and the maintenance of the open countryside and to prevent the intrusion of land uses which are incompatible with the rural character and /or resource activities of the area. The proposed dwelling including the larger apartment dwelling unit based on the proposed size would appear to maintain the character of the rural area and 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? One of the purposes of maintaining minimum floor areas is to maintain and protect the residential character of a single detached residential community. Given that the proposed variance is for an apartment dwelling inside a single detached dwelling, and that the main dwelling will meet the standards of the A/RU zone, it is suggested that the proposed variance is considered to comply with the spirit and intent of the Zoning By -law. Is the variance appropriate for the desirable development of the lot? The proposed variance should provide for a form of development that is suitable for the proposed dwelling and consistent with the surrounding area. The proposed variance will provide for an internal expansion in the dwelling and continue to maintain the rural character. On this basis the proposed variance should provide for the appropriate development of the lot. Is the variance minor? As Committee is aware, "minor' is not determined on a mathematical basis. On the basis that the proposal is reasonable and should not adversely affect the character of the surrounding area, the proposed variance is considered to be minor. CONCLUSIONS The proposed variance generally satisfies the 4 tests of a minor variance. RECOMMENDATIONS It is recommended that Committee approve minor variance 2005 -A -13 subject to the following conditions: 1. That the size of the proposed apartment dwelling unit be no larger than 80.26 m2 (807.3 ft2); and, 2. 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, *Lativ Andy Karaiskakis Junior Planner Reviewed by, --,A-,L 4,0- -1 Andria Leigh, MCIP, RPP Planning Consultant Township of Oro - Medonte Committee of Adjustment Planning Report for May 12, 2005 Sharon Van Noort 2005 -A -14 8 Goss Road Concession 1 Plan 791 Lot 39 (Orillia) THE PROPOSAL The applicant is requesting permission from the Committee of Adjustment to expand a legal non- conforming use by allowing a 77.29 m2 (832 ft2) basement addition onto an existing 7.29 m2 (832 ft2) bungalow. The applicant is requesting the above noted relief as the existing dwelling currently does not meet the following minimum requirements: Minimum Required Interior Side Yard Setback Minimum Required Rear Yard Setback Required Existing 1.5 m (4.9 ft) 1.18 m (3.9 ft) — for the northwest side of the dwelling 1.2 m (4.0 ft) — for the southwest side of the dwelling 7.5 m (24.6 ft) 6.5 m (21.3 ft) MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation — Shoreline Zoning By -law 97 -95 — Residential Limited Service Exception Two Holding Provision (RLS'2(H)) Zone Previous Applications — none AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Public Works - Building Department — The Township Building Dept. has reviewed this application and make note that the proposal appears to meet minimum standards Engineering Department — No concerns Fire Department- PLANNING FRAMEWORK Background The subject property has a road frontage of approximately 15.24 metres (50 feet), a lot depth of approximately 30.48 metres (100 feet) and a lot area of approximately 0.05 hectares (0.13 acres). The lands currently have a 77.3 m2 (832 ft2) bungalow with a crawl space. The owner is proposing to enlarge the dwelling by adding a full basement along the same footprint of the existing dwelling. The existing dwelling is located within the minimum required 1.5 metre (4.9 feet) setback to the interior side lot line and 7.5 metres (24.6 feet) to the rear lot line. As a result, the applicant's dwelling is a legal non - conforming use and permission is required from the Committee of Adjustment for expansion to such uses. Section 45 (2) (a) (i) of the Planning Act states that Committee may permit the enlargement of any building or structure where the use of the structure was lawfully used for that purpose prohibited by the by -law on the day the by -law was passed. The existing structure predates the passage of the Township's By -law, being November 5, 1997. Applications for expansions of non- conforming uses are guided by the policies set out in Section J2.2 of the Official Plan and not the standard four tests for minor variance applications. Section J2.2 of the Township's Official Plan sets out the following policies to guide the Committee in considering expansions to legal non - conforming uses: a) The size of the extension in relation to the existing operation; b) Whether the proposed extension is compatible with the character of the surrounding area; c) The characteristics of the existing use in relation to noise, vibration, fumes, dust.... and the degree to which any of these factors may be increased or decreased by the extension; and, d) The possibilities of reducing these nuisances through buffering, building setbacks, landscaping, site plan control and other means. The applicant's proposal appears to be a reasonable enlargement to an existing dwelling unit and therefore the proposal is considered to conform with the intent of the Official Plan. 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 basement addition should not adversely impact surrounding features as the addition will maintain the existing setbacks from the property lines. Therefore the proposal is considered to conform with the general intent of the By- law. CONCLUSIONS 1. The requested permission to expand a legal non - conforming use represents a minor expansion that is compatible with the character of the surrounding area. 2. The requested expansion to a legal non - conforming use is considered to conform with Section J2.2 of the Official Plan. RECOMMENDATIONS It is recommended that Committee approve application 2005 -A -14 as follows: THAT PERMISSION TO EXPAND A LEGAL NON - CONFORMING USE IS GRANTED FOR 8 GOSS ROAD FOR A 77.3 M2 (832 FT 2) BASEMENT ADDITION UNDER THE EXISTING COTTAGE and subject to the following conditions 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. 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; and, 3. That the setbacks be in conformity with the dimensions as set out in the application and on the sketch submitted with the application dated April 20, 2005 and approved by the Committee. All of which is respectfully submitted, Andy Karaiskakis Junior Planner Reviewed by, Andria Leigh, MCIP, RPP Planning Consultant Township of Oro - Medonte Committee of Adjustment Planning Report for May 12, 2005 Muriel & Bradley Chestnut 2005 -8 -10 118 Line 6 South, Concession 6, East Part Lot 21 (Oro) The purpose of application 2005 -B -10 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 Reference Plan 51 R- 30525, also owned by the applicant, would have a lot frontage of approximately 236.22 metres (775 feet) along Line 6 South, a lot depth of approximately 365.76 metres (1,200 feet) and a lot area of approximately 8 hectares (20 acres). The land proposed to be retained, 118 Line 6 South, would have a lot frontage of approximately 269.25 metres (883.39 feet) a lot depth of approximately 682.7 metres (2,239.92 feet) and a lot area of approximately 34 hectares (84 acres). No new building lots will be created as a result of this boundary adjustment. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation — Agricultural Zoning By -law 97 -95 — Agricultural /Rural (A/RU) Zone Previous Applications — AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County - Municipal Works and Roads - 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 8 hectares (20 acres) to the lot immediately to the north -east of the subject property being Part 1 on Reference Plan 51R -30525 which currently has a detached garage on the lands. The land to be retained would have an area of approximately 34 hectares (84 acres) and are occupied by a single detached dwelling, a frame arena and various out buildings. Recently, the applicants acquired 0.538 hectares (1.3 acres) of part of the original road allowance between Lots 20 and 21, Concession 6, being Part 4 on Reference Plan 51R-33477 and Part 2 on 51R- 30525. Part 4 merged in title with Part 1 on 51R-30525 and are now applying before the Committee for the proposed boundary adjustment. 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 D2.3.4 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 -10 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 and Part 2 on RP 51 R -30525 and with Part 4 on 51 R -33477 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; 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, ; 6a' Andy Karaiskakis Junior Planner Reviewed by, --�I--)- --e-4�j Andria Leigh MCIP, RPP Planning Consultant �Q ou gqUUU (,��^.,! ,° �G,UOM� v�2� ■ °y�p�o _ �p _ _ _ p¢ Mil a d w- MA5 �6oIEN _ _ CLI) bLW-ASSBS NW L NOISSHJNOJ IZ Z QNy 9 SNOISSaDNOJ NHaMI30 ffJNVMOIIV — ���' — — — — — — — — — — — (JN7Ntl39 iDNMAIIN) M.S£.6beOEN ,LO"I Q1 — — — — u;� @I ® c dz F 2 aE z m d' o N @ 0 N r � a � z z w _ q mz O a U a a N a H OI I �b a'ZS9 M.5Z -L .QCN 45 -M M.EO.IEN '—` .G6- 6 M.OZ ¢am aoih'nf orzv z /i9 xmxise awiow.i� �� �°M �' ao � (S'il 8Y0(Y05595 NW @ 9 NOI=NOJ IZ 101 5 Township of Oro - Medonte Committee of Adjustment Planning Report for May 12, 2005 Paul Hutchison & Joyce Fletcher 294 Line 11 South Concession 11 Plan 232 Lot 11, Lot 12 (Oro) THE PROPOSAL 2005 -A -15 The applicants are requesting permission from the Committee of Adjustment to expand a legal non - conformingg use by allowing a 23 m2 (247.5 ft2) half storey second floor addition onto an existing 150 m2 (1,614.6 ft`) 1112 storey dwelling. The applicants are also proposing to construct a 11.2 m2 (120 ft2) verandah /deck to be located at the rear of the dwelling, as shown on the attached sketch. The applicants are requesting the above noted relief as the existing dwelling currently does not meet the following minimum requirements: Required Minimum Required Interior Side Yard Setback 2.5 m (8.2 ft) MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation — Hawkestone Residential Zoning By -law 97 -95 — Residential One (R1) Zone Previous Applications — Existing 1.31 m (4.3 ft) — for the northwest corner of the dwelling 1.49 m (4.9 ft) — for the northeast corner of the dwelling 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 that the proposal appears to meets the minimum standards Fire Department - Engineering Department- No concerns PLANNING FRAMEWORK Background The subject property has a lot frontage of approximately 20.17 metres (66.17 feet), a lot depth of approximately 50.48 metres (165.6 feet) and a lot area of approximately 1,019 m2 (10,968 ft2) and is presently occupied by a single detached dwelling. The applicants wish to expand the existing dwelling to 173 m2 (1,862 ft2) by allowing a 23 m2 (247.5 ft2) half storey second floor addition and a 11.2 m2 (120 ft2) verandah /deck addition to be located at the rear of the dwelling. It is the applicants intent to recreate Lot 11 and Lot 12, which were two separate lots on Plan 232. In order to confirm that the two lots were once conveyable lots, 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). The existing dwelling which is located on Lot 11, would then not comply with the minimum required interior side setback of 2.5 metres (8.2 feet) as it is setback approximately 1.31 m (4.3 it) from the northwest corner of the dwelling and 1.49 m (4.9 ft) from the northeast corner of the dwelling. As the applicant's dwelling is a legal non - complying use, 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 1900. 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 Hawkesione 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 additions are minor in size, it would satisfy criteria (a). The proposed additions, which are an expansion 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 (R1). Based on site inspection, the additions should not adversely impact surrounding features as the additions are considered reasonable in size and will be located at the rear of the dwelling, not being visible from the road. 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 residential character 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 minor variance application 2005-A -15 as follows: THAT PERMISSION TO EXPAND A LEGAL NON - COMPLYING STRUCTURE IS GRANTED FOR 294 LINE 11 SOUTH FOR A 23 Mz (247.5 FT2) HALF STOREY SECOND FLOOR ADDITION ONTO AN EXISTING DWELLING AND FOR A 11.2 mZ (120 ft) VERANDAH /DECK TO BE LOCATED AT THE REAR OF THE 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 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 1.31 metres (4.3 feet) from the interior side lot line for the northwest corner of the dwelling and no closer than 1.49 m (4.9 ft) for the northeast corner of the dwelling; and, 3. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. All of which is respectfully submitted, �41 Andy Karaiskakis Junior Planner Reviewed by, Andria Leigh, MCIP, RPP Planning Consultant NO. 9152 lee Nrutur ( made in duplicate the tb4rto0ath day of Way in the vear of oar Lord one thousand nine hundred and thirtoea. in pnrsuanrr of the kkhorf Nome of Unuryenne Art. rlFtmPPn Robert 0. fettfal. vt the Yillado 01 ktewhee Wns in the coan.; we eirTa" isereh"t, herei3alUr called the Rr&ntor. of the first Vfzt. Way I.= }.ena&11, wits of the oa1P. Prrntor of the aeooa9 Part. .ud Cathe loo ?dllxbcth Y.Srlpctriok, of the said Yil,,'•Ce of Y ..rVet<me. )SnrrjcC. vczrm. horoia- - &.?ter D&llod tho Crnntoe, of tiw third ;art. k IV tnreaPth that in consideration of ono hvndrod ........... ......... ..... ..... i ........................................... dollars of lawful money of Canada now paid by the said grantee to the said grantor (the receipt whereof is $erebv by his acknowledged) he the said grantor Do th Trawl unto the said grantee in fee simple All and ibtnoutor th at certain pnrool or trust of land and premises situate lying and being In the` -!ormshl.P of E�ro It tM Co.rrty 03 Sirmoe effi be Sag con moa a• Yi:llAca lot rmabor tvolvo oa tk - ^_ no-t rids at :he _;.. t OonooDaion l!m i+etm.en th0 e7.e^otth sax'. S•V._ ^th ecsaessiena [[[Y of the mid 'Lohi7 o3 aso &ccor2_rg to Sian Uxxber; t PZP. laid oat zv ou She asst hrlf of lot camber tvent; -two In the f " elemnth ooncowkm 01. thin 0o.m -n?+S� of Oro -nto_- n ia. E a -is. 'a is latt unto :the said grnntee W heirs and asxign" to and for per WA their vole nnrl only nee fore,er t3uhlyd lrurrihrlren to the resen'ntinne. ti•.nitntion ", Prori"oes and conditions nsPrcr "ed in the nngr,:xl grant thereof from the Cron'n. r utir =air! gmetm COVENANT 0 n'ith till, said grvrl'w THAT Lc ha a the right to cnm'cy the mid lamis to till, =aid = ranter ol,hrith =lnodmia ony act of the "aid grant." Intl that till, snid grmntoe =hall h:u'n �priet Pn "settrion of tile. said l:uulr free fimn nll cncnmbn lo.,,. Intl that tiro nid _rnntor Ct)Fp; \'A NTZ ith th.. *nid _rnnt"l. thnl. hr mill exeent.. "och ho, tile, nssu ra ores nt ti.. +nid hull" nr nm'' ho rr,loirite. Aul the. snid gl'nlnlnr coVIFNAN''T 0 60, llu• +nid grnolee Ihnl hr Im r, dorm on net. in nucu nr Lea' ILe raid boob. 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S m norn before e ui the At �" ill the o� this 4.Li day of in the year of CC CC our Lord 191 -3 fiT'nrlinr- Bidtvita, b <. ,._ .... ....._..mac__'' -Rim t7 Q I m f � _ M - S � r �a z r r � � R _ M - S � r �a r r � n � a ' r :�1 � � 3 • � C a n a,+ ,o I a �14\ J � W z O z I 0 n � - `Z t,\� y Z NN, m r a A a b A [ENT N0.5W -: -ccuWCZ.CC 6upfat«ht �C.%�� bau'o� r,.�;us L, (�wJo eeuM lx�w duec�a clvww��� seven. "wTtGK�StCdC4t'C O��t 4X.ti' ?LCYrJtf 1 w�y�:T' F *fWf ti 8 A K A H M c L e o d of the Village of Havikstons in the Counry of Simcoe,vrife of Philip McLeod of the setae place,Merchant and the said Philip McLood, Of the First Part,and C A T H E R I N E E L I Z A B E T H K I R K - P A T R I C K of the Township of Oro in the Cerny of SilaCOe,WliO of William Kirkpatrick of the smso place,drover, Of the Second Part. ({I (t p' fj�.V, �iicG%M+'�rtd'^^""^^^uoe✓.oY Seven hundred and fifty 11 dollars ------ L d - �ccow.c�ai �i" an ,�u�. f� Y,o Second y� they 44/,Qcu.cl/ Second Jwn� in the Village of Hawkstone aforesaid eontainin[ one quarter of an acre :.oro or less,and oeing composed of Lot Number Eleven on the West side of the Concession tine betwsen the Eleventh and Twelfth Concossiont of the Tovmship of Oro as laid out en the East half of Lot Nnmuer Twenty two in the Eleventh Concession of the said ro Township of Oro and sherm on plan only registered as Number 882. i !t p ,�WNV �`ic,'a`i/�v.i.ii `.. i�� - f.uice,ar,c� .lo.o�� � Mw �•GL f /w�'/,eo�/,a�d/ u/«sa w ua o/ 4i& earaG -,j A--I Gd eye fir. C-aa4- ww lend 'Ot. eta v f aA Gc l u�,y y pct v (_ GP fin �v kaAA( eat aMUI All PAIW-�101- 4^ h4• IJ i 0 h.� a . a ��z 3 �a [z. O W T W `I. 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(�\ � E :l,r Township of Oro - Medonte Committee of Adjustment Planning Report for May 12, 2005 Dwight & Wendy Holm 2005 -A -16 164 Mount St. Louis Road East, Concession 8, West Part Lot 11 (Medonte) THEPROPOSAL The applicants are requesting permission from the Committee of Adjustment to permit an enlargement of the existing legal non - complying dwelling to construct a 48.77 m2 (525 fie) one storey with a basement addition and a 90.3 m2 (972 It) attached garage to the existing dwelling within the 30 metres (98.4 feet) setback to the Environmental Protection Zone. More specifically, the applicants are requesting the following: Relief from Section 5.28 Setback from Limits of Environmental Protection Zone to permit the enlargement of the existing legal non - complying dwelling to be setback approximately 1 metre (3.2 feet) from the Environmental Protection Zone Boundary MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation — Rural Zoning By -law 97 -95 — Agricultural /Rural (A/RU) and Environmental Protection (EP) Zones 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 600 metres (1,968.5 feet) along Mount St. Louis Road, a lot depth of approximately 360 metres (1,181 feet) along Highway 400 and a lot area of approximately 27 hectares (67 acres). The property currently contains a 120 m2 (1,300 ft) single storey dwelling and a detached storage shed located east of the dwelling which will be removed. The applicants are proposing to enlarge the house with a proposed 48.77 m2 (525 ft2) one storey with a basement addition and a 90.3 m2 (972 It) attached garage. The existing dwelling is located within the limits of the Environmental Protection Zone as noted in Zoning By -law 97 -95. As a result, the applicant's dwelling is a legal non - complying use and permission is required from the Committee of Adjustment for expansion to such uses. Section 45 (2) (a) (i) of the Planning Act states that Committee may permit the enlargement of any building or structure where the use of the structure was lawfully used for that purpose prohibited by the by -law on the day the by -law was passed. The existing structure predates the passage of the Township's By -law, being November 5, 1997, as the dwelling was constructed in 1986. 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 Rural 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. In assessing the issue of conformity with the Zoning By -law, the additions should not detract from the overall character of the lot and surrounding natural features. 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. Based on site inspection, the proposed additions would not offend these principles and would therefore conform with the general intent of the Zoning By -law. CONCLUSIONS As the Coldwater River is in close proximity to the dwelling and proposed additions, comments from the Public Works department and from the Nottawasaga Valley Conservation Authority are required prior to final consideration of this application. At the time this report was written, comments have yet to be received from the Public Works department or from the NVCA. RECOMMENDATIONS It is recommended that Committee defer Minor Variance Application 2005 -A -16 until comments have been received from the Nottawasaga Valley Conservation Authority and from the Public Works department. Al of which is respectfully submitted, Andy Karaiskakis Junior Planner Reviewed by, Andria Leigh MCIP, PP Planning Consultant Committee of Adiustment Minutes Thursday April 14, 2005,.9:30 a.m. In Attendance: Chairman Allan Johnson, Member Dave Edwards, Member Michelle Lynch, and Secretary- Treasurer Andy Karaiskakis. Absent Member: Lynda Aiken 1. Communications and Correspondence Correspondence to be addressed at the time of the specific hearing. 2. Disclosure of Pecuniary Interest None declared 3. Hearings: 9:30 Viola Tuck 2005 -B -09 Conc. 1, South Part Lot 16 (Oro) 861 Penetanguishene Road In Attendance: Mr. Charles Style, solicitor, Ms. Viola Tuck, applicant, and Wayne Dibbon, neighbour. BE IT RESOLVED that: Moved by Dave Edwards, seconded by Michelle Lynch "That the Committee hereby Defer Consent Application 2005 -B -09 as per the applicants request .....Carried." Committee of Adjustment -April 14, 2005 Page 1 9:40 Steve & Lori Dyball 2005 -A -07 Conc.9, West Part Lot 17 (Oro) 565 Line 8 North In Attendance: Steve & Lori Dyball, applicants BE IT RESOLVED that: Moved by Dave Edwards, seconded by Garry Potter "That the Committee hereby approve the portion of Minor Variance Application 2005 -A -07 being the permission to permit an 89.06 m2 (958 ft2) detached accessory building and that the Committee deny the portion of Minor Variance 2005 -A -07 being the permission to construct the 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 proposed garage be no closer than 2 metres (6.5 feet) from the interior side lot line; 3. That the proposed garage be no closer than 10.66 metres (35 feet) from the rear lot line; 4. 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, 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 -April 14, 2005 Page 2 9:50 Harvey Johnstone Conic. 10, West Part Lot 21 137 Line 9 South (Oro) 2005 -B -11 In Attendance: Mr. Harvey Johnstone, applicant, and Ms. Marie Burleigh, 51 School House Road Secretary- Treasurer read letter from Christine Gutmann, Planner II- Environmental, County of Simcoe dated April 12, 2005 relating to applications 2005 -B -11 and 2005 -B -13 verbatim to the Committee members and those present in the audience. BE IT RESOLVED that: Moved by Garry Potter, seconded by Dave Edwards "That the Committee hereby Deny Consent Application 2005 -B -11 as the applicant has not owned the farm operation on the lot from which the severance is proposed for at least ten (10) years as required under Section 2.3.2.1 in the Official Plan .....Carried." Committee of Adjustment -April 14, 2005 Page 3 10:00 Ian Johnstone 2005 -B -12 Conc. 10, West Part Lot 22 (Oro) In Attendance: Mr. tan Johnstone BE IT RESOLVED that: Moved by Dave Edwards, seconded by Michelle Lynch "That the Committee hereby Defer Consent Application 2005 -6-12 as per the applicants request to allow time for the applicant to revise the application and relocate the proposed severed lot. .....Carried." Committee of Adjustment -April 14, 2005 Page 4 10:10 Harvey & Dianne Johnstone 2005 -B -13 Conc.9, East Part Lot 22 (Oro) 234 Line 9 South In Attendance: Harvey & Dianne Johnstone, applicants BE IT RESOLVED that: Moved by Dave Edwards, seconded by Michelle Lynch "That the Committee hereby Grant Provisional Consent for Application 2005 -6- 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. .....Carried." Committee of Adjustment -April 14, 2005 Page 5 10:20 Audrey Evans 2005 -B -15 Conc. 13, Part Lot 12 (Oro) In Attendance: Mr. Dwight Evans, representing applicant BE IT RESOLVED that: Moved by Garry Potter, seconded by Dave Edwards "That the Committee hereby Grant Provisional Consent for 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 the applicant provide the Township with a deed of transfer for a 3 metre road widening for the subject lands; 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. .....Carried." Committee of Adjustment -April 14, 2005 Page 6 10:30 Georian Farms Limited 2005 -B -16 Concession 14, West Part Lot 8, West Part Lot 9 (Oro) In Attendance: Mr. George Anderson, owner of Georian Farms Limited BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Garry Potter "That the Committee hereby Grant Provisional Consent for Application 2005 -13- 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. .....Carried." Committee of Adjustment -April 14, 2005 Page 7 10:40 Georjan Farms Limited 2005 -B -17 Concession 14, West Part Lot 8, West Part Lot 9 (Oro) In Attendance: Mr. George Anderson, owner of Georjan Farms Limited BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Garry Potter "That the Committee hereby Grant Provisional Consent for Application 2005 -8- 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. .....Carried." Committee of Adjustment -April 14, 2005 Page 8 10:50 David Burgess & Ray Lalande 2005 -A -08 East Part Lots 111, 112, 113, Plan 589 (Oro) 98 Lakeshore Road East In Attendance: Ron McAfee, representing applicants, Gordon Drury, 100 Lakeshore Road E., and Val Morrissey, 6 Oro Road BE IT RESOLVED that: Moved by Dave Edwards, seconded by Michelle Lynch "That the Committee hereby approve the portion of Minor Variance Application 2005 -A -08 being the permission to expand a legal non - complying structure is granted for 98 Lakeshore Road East for a 67.44 m2 (726 ft2) half storey addition to the existing dwelling and that the Committee deny the portion of Minor Variance Application 2005 -A -08 being the permission to obtain relief from the minimum required rear yard setback 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 for the proposed carport and be subject to the following conditions: 1. That the setbacks be in conformity with the dimensions as set out in the application, sketches and drawings (excluding the carport) submitted with the application and on the sketch of survey 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: a. be no closer than 2.64 metres (8.66 feet) from the interior side yard; b. be no closer than 5.19 metres (17.03 feet) for the west side of the dwelling and to 5.06 metres (16.63 feet) for the east side of the dwelling from the rear yard; c. be no closer than 2.5 metres (8.2 feet) from the exterior side yard; 3. and so that the detached shed be no closer than 0.24 metres (0.78 feet) from the rear and interior side yards. 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; and, 5. That the applicants satisfy the comments from Kim Allen, Manager of Building Services letter dated March 22, 2005. .....Carried." Committee of Adjustment -April 14, 2005 Page 9 11:00 John Green 2005 -A -09 Conc. 2, East Part Lot 18 (Orillia) 727 Woodland Drive In Attendance: Mr. John Green, applicant BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Dave Edwards "That the Committee hereby Approve Minor Variance Application 2005 -A -09 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 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. Moved by Garry Potter, seconded by Dave Edwards "That the Committee hereby Deny Minor Variance Application 2005 -A -09 as the proposed relief is considered not to be minor in nature .....Carried." Committee of Adjustment -April 14, 2005 Page 10 11:10 The Harrison Family Cottage 2005 -A -10 Plan 1284, Lot 2, Part Block A (Oro) 3055 Ridge Road West In Attendance: Mr. Matt Pryce, Prycon Custom Building, representing applicants Secretary- Treasurer read letters from Jack Nixon, neighbour, dated April 13, 2005 and from Dr. & Mrs. Nixon, neighbour, dated April 12, 2005 verbatim to the Committee members and those present in the audience. BE IT RESOLVED that: Moved by Dave Edwards, seconded by Garry Potter "That the Committee hereby 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. ..Carried." Committee of Adjustment -April 14, 2005 Page 11 11:20 Jim & Asya Giles 2005 -A -11 Plan M -8, Part Block D (Oro) 8 Oneida Ave. In Attendance: Mr. Jim Giles Secretary- Treasurer read letters from Phillip McGee, 30 Oneida Ave., dated April 12, 2005, Deborah L. Price, Administrator for Board of Directors, Indian Park Association, dated April 13, 2005, Ann Budge, 13 Oneida Ave., dated April 11, 2005, and from Machiel & Kelly Bakker, 23 Algonquin Trail, received April 13, 2005 verbatim to the Committee members and those present in the audience. BE IT RESOLVED that: Moved by Dave Edwards, seconded by Michelle Lynch "That the Committee hereby Defer Minor Variance 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. .....Carried." Committee of Adjustment -April 14, 2005 Page 12 6. Other Business i. Revise decision for 2004 -B -52 (McLean) Moved by Dave Edwards, seconded by Garry Potter "That the Committee hereby REVISE Consent Application 2004 -B -52 for a lot depth of 131 metres (430 feet) and a lot area of 1 hectare (2.46 acres) and be subject to the following conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the applicant pay $ 2,000.00 for the lot created as cash -in -lieu of a parkland contribution; 4. That the applicants verify that the sewage system meets the minimum required setbacks as per Part 8 of the Ontario Building Code; 5. That the applicant apply for and obtain a re- zoning on the severed land to accurately reflect the residential land use; 6. Favorable comments from the Roads Department be received for the severed lot; and, 7. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. .....Carried." ii. Adoption of minutes for March 10, 2005 Meeting Moved by Dave Edwards, Seconded by Michelle Lynch "That the minutes for the March 10th 2005 Meeting be adopted as printed and circulated ...Carried." Committee of Adjustment -April 14, 2005 Page 13 7. Adjournment Moved by Garry Potter, Seconded by Michelle Lynch "We do now adjourn at 3:20 p.m." (NOTE: A tape of this meeting is available for review.) Chairperson, Allan Johnson ... Carried." Secretary-Treasurer, Andy Karaiskakis Committee of Adjustment -April 14, 2005 Page 14