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05 12 2005 C of A Minutes ~~ - \ . Committee of Adiustment Minutes Thursdav Mav 12. 2005. 9:30 a.m. In Attendance: Chairman Allan Johnson, Member Dave Edwards, Member Michelle Lynch, Mernber Garry Potter, Member Lynda Aiken and Secretary- Treasurer Andy Karaiskakis. Moved by Lynda Aiken, seconded by Michelle Lynch ORO.MEDONTE TOWNSHIP MOTION# 13 MAY 25 2005 MEETING: COUNCIL 0 C. OF W. 1. Communications and Correspondence -April 2005 OACA Newsletter That the Ontario Association of Committees of Adjustments Newsletter of April 2005 be received. 2. Disclosure of Pecuniary Interest None declared . 3. Hearinqs: 9:30 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 letter from Dr. Don Nixon, neighbour, dated May 10,2005 verbatim to the Committee members and those present in the audience. BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Michelle Lynch "That the Committee hereby approve Minor Variance Application 2005-A-10 subject to the following conditions: e 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; Committee of Adjustment.May 12, 2005 Page 1 . 2. That an Ontario Land Surveyor provide verification to the Township of cornpliance 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 dirnensions as set out in the application and by the sketch subrnitted with the application and approved by the Cornmittee. .. ...Carried." . . Committee of Adjustment-May 12, 2005 Page 2 9:40 Patti Jane Crawford Conc.8, West Part Lot 26 (Oro) 985 Line 7 South 2005-B-18 . In Attendance: Ken Crawford, representing applicant, Ms. Bonnie McDougall, 12 Lakeshore Road E. BE IT RESOLVED that: Moved by Dave Edwards, seconded by Lynda Aiken "That the Committee hereby Grant Provisional Consent regarding Application 2005-8-18 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 subrnitted 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. .....Carried." . Committee of Adjustment-May 12, 2005 Page 3 9:50 Ian Johnstone Cone. 10, West Part Lot 22 (Oro) 2005-B-12 . In Attendance: Mr. Ian Johnstone, applicant, and Mr. Bill Moore, representing Ms. Jill Hawken, neighbour BE IT RESOLVED that: Moved by Dave Edwards, seconded by Michelle Lynch "That the Committee hereby Deny Consent Application 2005-8-12 on the basis that the applicant does not comply with the policies of Section 2.3.2.1 of the Official Plan .....Carried." . . Committee of Adjustment.May 12, 2005 Page 4 10:00 DTR Drywall Conc. 1, East Part Lot 4 (Orillia) 1176 Line 15 North 2005-A-12 . In Attendance: Mr. Dan Reichert, applicant BE IT RESOLVED that: Moved by Garry Potter, seconded by Lynda Aiken "That the Comrnittee hereby 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. .. ...Carried." . . Committee of Adjustment~May 12, 2005 Page 5 10:10 Henrietta & Frank Houston Conc.1, Part Lot 39 (Vespra) 3276 Penetanguishene Road 2005-A-13 . In Attendance: Henny Houston, applicant BE IT RESOLVED that: Moved by Garry Potter, seconded by Dave Edwards "That the Committee hereby 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 fe); 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. . .....Carried." . Committee of Adjustment~May 12, 2005 Page 6 10:20 Sharon Van Noort Plan 791, Lot 39 (Orillia) 8 Goss Road 2005-A-14 . In Attendance: Mr. Dave Wilson, contractor representing applicant BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Garry Potter "That the Committee hereby 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 FT2) BASEMENT ADDITION UNDER THE EXISTING COTTAGE and 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 the applicant apply for and obtain approval for the combined application for Site Plan Control/Removal of the Holding Provision, as Goss Road is an unassumed or private road; 3. That prior to issuance of a building permit, an Ontario Land Surveyor provide verification to the Township of compliance with the Comrnittee'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, 4. 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. .....Carried." . Committee of Adjustment-May 12, 2005 Page 7 10:30 Muriel & Bradley Chestnut Concession 6, East Part Lot 21 (Oro) 118 Line 6 South 2005-B-10 . In Attendance: Ms. Muriel Chestnut, applicant BE IT RESOLVED that: Moved by Garry Potter, seconded by Lynda Aiken "That the Committee hereby Grant Provisional Consent regarding Application 2005-8-10 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; 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 Cornmittee be fulfilled within one year frorn the date of the giving of the notice. .. ...Carried." . Committee of Adjustment-May 12, 2005 Page 8 10:40 Paul Hutchinson & Joyce Fletcher Concession 11, Plan 232, Lot 11 (Oro) 294 Line 11 South 2005-A-15 . In Attendance: Mr. Paul Hutchinson and Ms. Joyce Fletcher, applicants BE IT RESOLVED that: Moved by Dave Edwards, seconded by Garry Potter "That the Cornmittee hereby 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 M2 (247.5 FT2) HALF STOREY SECOND FLOOR ADDITION ONTO AN EXISTING DWELLING AND FOR A 11.2 m2 (120 ft2) 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 Cornmittee: . 2. That an Ontario Land Surveyor provide verification to the Township of cornpliance 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 becornes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. .. ...Carried." . Committee of Adjustment~May 12, 2005 Page 9 10:50 Dwight & Wendy Holm Conc. 8, West Part Lot 11 (Medonte) 164 Mount St. Louis Road East 2005-A-16 . In Attendance: Dwight & Wendy Holm, applicants Secretary-Treasurer read letter from Tim Salkeld, Resource Planner, Nottawasaga Valley Conservation Authority, dated May 6, 2005 verbatim to the Committee members and those present in the audience. BE IT RESOLVED that: Moved by Garry Potter, seconded by Lynda Aiken "That the Committee hereby Grant Minor Variance Application 2005-A-16, subject to the following conditions: 1. That prior to issuance of a building permit, an Ontario Land Surveyor provide verification to the Township of cornpliance 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 additions be no closer than 1 metre (3.2 feet) from the Environmental Protection boundary; 3. That the setbacks be in conformity with the dimensions as set out in the application and on the sketch subrnitted with the application and approved by Committee; 4. That a permit or approval be obtained frorn the Nottawasaga Valley Conservation Authority under the Conservation Authorities Act; 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-May 12, 2005 Page 10 . . . 6. Other Business i. Adoption of rninutes for April 14, 2005 Meeting Moved by Dave Edwards, Seconded by Garry Potter "That the minutes for the April 14th 2005 Meeting be adopted as printed and circulated ...Carried." 7. Adiournment Moved by Michelle Lynch, Seconded by Garry Potter "We do now adjourn at 1 :45 p.m." ... Carried." (NOTE: A tape of this meeting is available for review.) J~ S~ eta.". r....u'." Andy Karaiskakis erson/I Allan JOhn~~ Committee of Adjustment-May 12, 2005 Page 11