04 14 2005 C of A Minutes
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Committee of Adiustment Minutes
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Thursdav April 14, 2005. 9:30 a.m.
In Attendance: Chairrnan 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. HearinQs:
9:30
Viola Tuck
Conc. 1, South Part Lot 16 (Oro)
861 Penetanguishene Road
2005-B-09
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 2005-8-09 as per the
applicants request
.....Carried."
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Committee of Adjustment.April14, 2005
Page 1
9:40
Steve & Lori Dyball
Conc.9, West Part Lot 17 (Oro)
565 Line 8 North
2005-A-07
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In Attendance: Steve & Lori Dyball, applicants
BE IT RESOLVED that:
Moved by Dave Edwards, seconded by Garry Potter
"That the Cornrnittee hereby approve the portion of Minor Variance Application
2005-A-07 being the permission to permit an 89.06 m2 (958 If) 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;
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2. That the proposed garage be no closer than 2 metres (6.5 feet) frorn 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."
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Committee of Adjustment.April14, 2005
Page 2
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9:50
Harvey Johnstone
Conc. 10, West Part Lot 21
137 Line 9 South (Oro)
2005-8-11
In Attendance: Mr. Harvey Johnstone, applicant, and Ms. Marie Burleigh, 51
School House Road
Secretary-Treasurer read letter from Christine Gutmann, Planner 11-
Environmental, County of Simcoe dated April 12, 2005 relating to
applications 2005-B-11 and 2005-8-13 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 2005-8-11 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
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.....Carried."
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Committee of Adjustment~April14, 2005
Page 3
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10:00
Ian Johnstone
Cone. 10, West Part Lot 22 (Oro)
2005-B-12
In Attendance: Mr. Ian Johnstone
BE IT RESOLVED that:
Moved by Dave Edwards, seconded by Michelle Lynch
"That the Committee hereby Defer Consent Application 2005-8-12 as per the
applicants request to allow tirne for the applicant to revise the application and
relocate the proposed severed lot.
.....Carried."
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Committee of Adjustment-April 14, 2005
Page 4
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10:10
Harvey & Dianne Johnstone
Conc.9, East Part Lot 22 (Oro)
234 Line 9 South
2005-B-13
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 2005-8-
13 subject to the following list of conditions:
1. That three copies of a Reference Plan for the subject lands indicating the
severed parcel be prepared by an Ontario Land Surveyor be submitted to
the Secretary-Treasurer;
2. That the applicants' solicitor prepare and submit a copy of the proposed
conveyance for the parcel severed, for review by the Municipality;
3. That all municipal taxes be paid to the Township of Oro-Medonte;
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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 Developrnent 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 Cornmittee be fulfilled
within one year from the date of the giving of the notice.
.. ...Carried."
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Committee of Adjustment~April14, 2005
Page 5
10:20
Audrey Evans
Cone. 13, Part Lot 12 (Oro)
2005-B-15
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In Attendance: Mr. Dwight Evans, representing applicant
BE IT RESOLVED that:
Moved by Garry Potter, seconded by Dave Edwards
"That the Comrnittee hereby Grant Provisional Consent for Application 2005-8-
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;
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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 rnerge 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."
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Committee of Adjustment-April 14, 2005
Page 6
10:30
Georjan Farms Limited 2005-8-16
Concession 14, West Part Lot 8, West Part Lot 9 (Oro)
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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-B-
16 subject to the following list of conditions:
1. That three copies of a Reference Plan for the subject lands indicating the
severed parcel be prepared by an Ontario Land Surveyor or a
registerable description and subrnitted to the Secretary-Treasurer;
2. That the applicant prepare and subrnit 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,
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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."
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Committee of Adjustment~April14, 2005
Page 7
10:40
Georjan Farms Limited 2005-B-17
Concession 14, West Part Lot 8, West Part Lot 9 (Oro)
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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;
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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
2005-8-16;
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."
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Committee of Adjustment-April 14, 2005
Page 8
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10:50
David Burgess & Ray Lalande
East Part Lots 111, 112, 113, Plan 589 (Oro)
98 Lakeshore Road East
2005-A-08
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 Cornmittee 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 ff) half storey addition
to the existing dwelling and that the Committee deny the portion of Minor Variance
Application 2005-A-08 being the perrnission 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:
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1. That the setbacks be in conformity with the dimensions as set out in the
application, sketches and drawings (excluding the carport) subrnitted with
the application and on the sketch of survey dated July 30, 1986 and
approved by the Comrnittee;
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,
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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
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11:00
John Green
Conc. 2, East Part Lot 18 (Orillia)
727 Woodland Drive
2005-A-09
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;
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3. That the proposed addition be no closer than 4.26 metres (14 feet) from the
front lot line;
4. That the applicant rnaintain 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 perrnit be obtained from the Township's Chief
Building Official only after the Cornmittee's decision becomes final and
binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13.
.....Denied."
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."
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Committee of Adjustment-April 14, 2005
Page 1 0
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11 :10
The Harrison Family Cottage
Plan 1284, Lot 2, Part Block A (Oro)
3055 Ridge Road West
2005-A-10
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 Cornmittee 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.
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.....Carried."
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Committee of Adiustment~ApriI14, 2005
Page 11
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11 :20
Jim & Asya Giles
Plan M-8, Part Block D (Oro)
8 Oneida Ave.
2005-A-11
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 Cornrnittee 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.
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.. ...Carried."
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Committee of Adjustment-April 14, 2005
Page 12
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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 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-lieu of a
parkland contribution;
4. That the applicants verify that the sewage system rneets the minimum
required setbacks as per Part 8 of the Ontario Building Code;
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5. That the applicant apply for and obtain a re-zoning on the severed land to
accurately reflect the residential land use;
6. Favorable cornments frorn 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
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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
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7. Adiournment
Moved by Garry Potter, Seconded by Michelle Lynch
"We do now adjourn at 3:20 p.m."
... Carried."
(NOTE: A tape of this meeting is available for review.)
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Allan Joh s n
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Secretary-Treasurer,
Andy Karaiskakis
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Committee of Adjustment-April 14, 2005
Page 14