12 16 2004 C of A Minutes
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Committee of Adiustment Minutes
Thursdav December 16, 2004, 9:30 a.m.
In Attendance: Chairman Dave Edwards, Mernber Lynda Aiken, Mernber Allan
Johnson, Mernber Michelle Lynch, Member Garry Potter, Senior Planner Andria
Leigh and Junior Planner/Acting Secretary-Treasurer Andy Karaiskakis.
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1. Communications and Correspondence
Correspondence to be addressed at the time of the specific hearin
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2. Disclosure of Pecuniary Interest
None
3. Hearinqs:
9:30
Glenn Bidwell
Conc. 5, Part Lot 9 (Oro)
2085 Line 4 N.
2004-B-51
In Attendance: Mr. & Mrs. Bidwell, owners
BE IT RESOLVED that:
Moved by Allan Johnson, seconded by Lynda Aiken
"That the Committee hereby Grant Provisional Consent for Application 2004-B-
51 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 Cornrnittee 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 applicant pay a Developrnent Charges Fee in the amount of
$3,833.44 (By-law 2004-082) to the Township;
Committee of Adjustment~December 16, 2004
Page 1
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5. That the driveway entrance be located no closer than 3.05 metres (10
feet) from the north property line;
6. That the applicant apply for and obtain a re-zoning on the severed land to
accurately reflect the residential land use; and,
7. That the conditions of consent irnposed by the Committee be fulfilled
within one year from the date of the giving of the notice.
.....Carried."
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Committee of Adjustment.December 16, 2004
Page 2
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9:40
Michael & Colleen Gartner
Conc.3, Part Lots 27 & 28 (Oro)
1847 Ridge Road West
2004-B-53 1 f' - )
In Attendance: Mike & Colleen Gartner, owners
BE IT RESOLVED that:
Moved by Garry Potter, seconded by Lynda Aiken
"That the Committee hereby Grant Provisional Consent regarding application
2004-B-53 for the creation of a new residential lot 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 Cornmittee 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-Iieu of a
parkland contribution;
4. That the applicant pay a Developrnent Charges Fee in the amount of
$3,833.44 (By-law 2004-082) to the Township;
5. That the all buildings on the retained lands be relocated to cornply with the
minimurn required interior side yard setback;
6. That the applicants apply for and obtain a Driveway Entrance Permit from
the County of Sirncoe Roads and Engineering Departrnent for the land to
be severed;
7. That the conditions of consent irnposed by the Cornmittee be fulfilled
within one year frorn the date of the giving of the notice; and
8. That the applicant verify in writing, to the satisfaction of the Building
Departrnent, that the sewage systern meets the minirnum required
setbacks as per Part VIII of the Ontario Building Code.
.. ...Carried."
Committee of Adjustment.December 16, 2004
Page 3
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9:50
Barriestar Developments
Cone. 7, Part Lot 27 (Oro)
92 Lakeshore Road West
2004-A-41
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In Attendance: Mo Benetar, Owner
BE IT RESOLVED that:
Moved by Garry Potter, seconded by Allan Johnson
"That the Committee hereby Deny Minor Variance Application 2004-A-41
as the application does not conform to the Official Plan or Zoning By-law and
does not satisfy the four tests of a Minor Variance under the Planning Act.
.....Carried."
Committee of Adjustment-December 16, 2004
Page 4
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10:00
Raymond & Kirsten Roberts
Conc. 9, East Part Lot 20 (Oro)
50 Line 9 N.
2004-A-42 ~t - s
In Attendance: No One
BE IT RESOLVED that:
Moved by Lynda Aiken, seconded by Michelle Lynch
"That the Comrnittee hereby Approve Minor Variance Application 2004-A-42 as
follows:
THAT PERMISSION TO EXPAND A LEGAL NON-COMPLYING
STRUCTURE IS GRANTED FOR 50 LINE 9 NORTH FOR A 102.5M2
(1104 FT2) SINGLE STOREY ADDITION AND A 13.3M2 (144 FT2)
MUDROOM WITH A LANDING ADDITION ONTO AN EXISTING
DWELLING
and subject to the following conditions:
1. That the setbacks be in conforrnity with the dirnensions as set out in the
application and on the sketch subrnitted and approved by the
Cornmittee; and,
2. That the applicants contact the Ministry of Transportation to discuss the
rninistry's requirernents to obtain the necessary permit applications for
all comrnercial signage on site.
... ..Carried."
Committee of Adjustment~December 16, 2004
Page 5
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10:10
Douglas & WayneShelswell
Conc. 13, Part Lots 19 & 20,
RP 51R-10449, Part 1 (Oro)
2004-B-54
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In Attendance: James Lewis, solicitor
BE IT RESOLVED that:
Moved by Allan Johnson, seconded by Garry Potter
"That the Committee hereby Grant Provisional Consent regarding Application
2004-B-54 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 subrnit 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 4500 Highway 11 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 owners of 4500 Highway 11 contact the Ministry of Transportation
to discuss the rninistry's requirernents to obtain the necessary permit
applications for review and approval, prior to acquiring the municipal
building permit;
6. That all municipal taxes be paid to the Township of Oro-Medonte; and,
7. That the conditions of consent irnposed by the Cornmittee be fulfilled
within one year from the date of the giving of the notice.
.....Carried."
Committee of Adjustment~December 16, 2004
Page 6
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10:20
HorseshoeValley Resort
Conc. 3, East 112 Lots 1, 2 (Medonte)
2004-B-55
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In Attendance: Martin Kimble, representing Horseshoe Resort
BE IT RESOLVED that:
Moved by Garry Potter, seconded by Michelle Lynch
"That the Cornrnittee hereby Grant Provisional Consent regarding Application
2004-8-55 subject to the following conditions:
1. That three copies of a Reference Plan for the subject land indicating the
easement 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 all municipal taxes be paid to the Township of Oro-Medonte;
4. That the Township Engineering Department be satisfied that the lot can
be serviced by sewer and water services;
5. That the applicant enter into a Site Plan Control Agreement with the
Township in accordance with the provisions of the Planning Act; and
6. That the conditions of consent imposed by the Cornmittee be fulfilled
within one year frorn the date of the giving of this notice as noted below.
.....Carried."
Committee of Adjustment~December 16, 2004
Page 7
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Horseshoe Valley Resort
Cone. 3, East V2 Lots 1, 2 (Medonte)
2004-B-56
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In Attendance: Martin Kimble, representing Horseshoe Resort
BE IT RESOLVED that:
Moved by Michelle Lynch, seconded by Allan Johnson
"That the Committee hereby Grant Provisional Consent regarding Application
2004-8-56 subject to the following conditions:
1. That three copies of a Reference Plan for the subject land indicating the
easernent be prepared by an Ontario Land Surveyor be submitted to the
Secretary- T reasu rer;
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 easement granted be for the exclusive access to the New
Millennium Hornes developrnent;
4. That all rnunicipal taxes be paid to the Township of Oro-Medonte; and,
5. That the conditions of consent irnposed by the Committee be fulfilled
within one year from the date of the giving of this notice as noted below.
.....Carried."
Committee of Adjustment-December 16, 2004
Page 8
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10:30
Horseshoe Valley Resort
Cone. 3, East Y2 Lots 1, 2 (Medonte)
2004-B-57
In Attendance: Martin Kimble, representing Horseshoe Resort
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BE IT RESOLVED that:
Moved by Lynda Aiken, seconded by Michelle Lynch
"That the Cornrnittee hereby Grant Provisional Consent for application 2004-8-57
subject to the following conditions:
1. That three copies of a Reference Plan for the subject land indicating the
easernent 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 easement granted be for the exclusive use of telephone utilities
to serve the New Millenniurn Homes phases; and,
4. That the conditions of consent irnposed by the Comrnittee be fulfilled
within one year frorn the date of the giving of this notice as noted below.
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.. ...Carried."
Committee of AdjustmentwDecember 16, 2004
Page 9
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10:40
New Millennium Homes
Cone. 3, East Y2 Lots 1, 2 (Medonte)
2004-B-58
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In Attendance: Martin Kimble, representing New Millennium Homes
BE IT RESOLVED that:
Moved by Allan Johnson, seconded by Lynda Aiken
"That the Cornrnittee hereby Grant Provisional Consent regarding Application
2004-8-58 subject to the following conditions:
1. That three copies of a Reference Plan for the subject land indicating the
easement and be prepared by an Ontario Land Surveyor be submitted to
the Secretary-Treasurer;
2. That the applicant's solicitor prepare and subrnit a copy of the proposed
conveyance for the proposed easernent, for review by the Municipality;
3. That the easement granted be for the exclusive use of waterline and
sewage servicing to serve the New Millenniurn Hornes phases; and,
4. That the conditions of consent imposed by the Comrnittee be fulfilled
within one year frorn the date of the giving of this notice as noted below.
.....Carried."
Committee of Adjustment-December 16, 2004
Page 10
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4. Other Business
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(i) Adoption of rninutes for Novernber 10, 2004 Meeting
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Moved by Allan Johnson, Seconded by Michelle Lynch
"That the rninutes for the November 10th 2004 Meeting be adopted as
printed and circulated
...Carried."
(ii) Revision to conditions for Minor Variance Application 2004-A-39 (Bell)
COMMITTEE OF ADJUSTMENT DECISION to MODIFY CONDITIONS OF
APPROV AL
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 Allan Johnson, seconded by Lynda Aiken
"That the Cornmittee hereby AMEND the decision with respect to Minor Variance
2004-A-39 subject to the following conditions:
1. That the setbacks be in conformity with--!he dirnensions as set out in the
applicant and on the sketch received September 22, 2004, as submitted;
2. That the mean level between the eaves and ridge of the detached garage
be no more than 4.57 rnetres (15 feet);
3. That the total area of the proposed garage be no larger than 87.69 m2
(944 ft2);
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4. That the detached garage be located no closer than 13.7 m (44.9 feet)
from the front lot line and 9.3 rnetres (30.5 feet) from the interior side lot
line as identified by Alan Worobec, O.L.S. on a rnemorandum dated
November 4, 2004. This is the same location that was previously staked
on the property for the Comrnittee's site inspection on October 5, 2004
and identified by the applicant's sketch subrnitted with the original
application but has now been verified in its actual distance to the front and
interior side lot lines by the surveyor; and
Committee of Adjustment-December 16, 2004
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5. That the appropriate building permit be obtained from the Township's
Chief Building Official only after the Comrnittee's decision becornes final
and binding, as provided for within the Planning Act, R.S.O. 1990, c.P. 13.
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.....Carried."
5. Adiournment
Moved by Michelle Lynch, Seconded by Lynda Aiken
"We do now adjourn at 11 :50 a.m."
... Carried."
(NOTE: A tape of this meeting is available for review.)
Chairperson,
Dave Edwards
Secretary-Treasurer,
Andy Karaiskakis
Committee of Adjustment-December 16. 2004
Page 12