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03 10 2005 C of A Minutes I I I q<; - \ 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 I ORO-MEDONTE TOWNSHiP Correspondence to be addressed at the tirne of the specific heari~!k10TION# dl.o I MAR 2 3 Z005 'MEETING: COUNCIL C. OF W. 2. Disclosure of Pecuniary Interest None declared 3. HearinQs: 9:30 Robert Marchessault & Teresa Cullen Conc. 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 cornpliance with the Cornmittee'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 conforrnity 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 perrnit 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 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 Lirnited dated February 17, 2005; . . 3. That the setbacks be in conformity with the dimensions as set out in the application and on the sketches subrnitted 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 AdjustmentHMarch 10, 2005 Page 3 10:00 Crescent Construction Limited Conc. 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 rnunicipal 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 2005-8-06 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 Cornmittee 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 Conc. 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 Comrnittee hereby Grant Provisional Consent regarding Application 2005-8-07 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 irnposed by the Comrnittee 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 Cornrnittee 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 cornments frorn the Building Departrnent regarding sewage system approvals; 5. That an Ontario Land Surveyor provide verification to the Township of compliance with the Cornrnittee'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 rnetres (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 1 0, 2005 Page 7 . . 10:40 Donald & Sherry Hubbert 2005-B-08 Conc. 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 2005-8-08 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 irnposed by the Committee be fulfilled within one year from the date of the giving of the notice. .....Carried." . . Committee of AdjustmentMMarch 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 I 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. Appointrnent of Secretary-Treasurer Moved by Lynda Aiken, Seconded by Dave Edwards "That the Committee hereby appoints Andy Karaiskakis as Secretary- Treasurer for the Cornmittee of Adjustment. .. .Carried." 7. Adiournment Moved by Michelle Lynch, Seconded by Lynda Aiken I "We do now adjourn at 11 :55 a.m." ... Carried." (NOTE: A tape of this meeting is available for review.) A~ Secretary-Treasurer, Andy Karaiskakis I Committee of Adjustment-March 10, 2005 Page 10