06 16 2005 C of A Minutes
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Committee of Adjustment Minutes
Thursday June 16. 2005, 9:30 a.m.
In Attendance: Chairrnan Allan Johnson, Member Dave Edwards, Mernber
Michelle Lynch, Member Garry Potter, Member Lynda Aiken and Secretary-
Treasurer Andy Karaiskakis.
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1. Communications and Correspondence
JUN 2 2 2005
[[liNG: COUNCILD
C. OF W.
-May 2005 OACA Newsletter
Moved by Michelle Lynch, seconded by Lynda Aiken
That the Ontario Association of Comrnittees of Adjustments Newsletter of
May 2005 be received.
2. Disclosure of Pecuniary Interest
None declared
3. Hearinqs:
9:30 Paul Hutchinson & Joyce Fletcher
Concession 11, Plan 232, Lot 11 (Oro)
294 Line 11 South
2005-A-15
In Attendance: No one
BE IT RESOLVED that:
Moved by Dave Edwards, seconded by Michelle Lynch
"That the Committee hereby approve rninor 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 dirnensions as set out in the
application and on the sketch subrnitted and approved by the Committee;
Committee of Adjustment.June 16, 2005
Page 1
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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 1.08 m
(3.54 It) from the interior side lot line for the northwest corner of the
dwelling and no closer than 1.17 m (3.83 It) for the northeast corner of the
dwelling; and,
3. That the appropriate building permit be obtained from the Township's Chief
Building Official only alter the Cornmittee'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-June 16, 2005
Page 2
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9:40
Karl & Anne Locke
Ccmc.14, Plan M205, Lot 7 (Oro)
14 Petherwin Place
2004-A-02
In Attendance: Karl Locke, applicant
Secretary-Treasurer read letter from Tim Salkeld, Resource Planner,
Nottawasaga Valley Conservation Authority, dated June 9, 2005 verbatim to
the Committee members and those present in the audience.
BE IT RESOLVED that:
Moved by Lynda Aiken, seconded by Dave Edwards
"That the Committee hereby approve Minor Variance Application 2004-A-02
subject to the following conditions:
1. That the appropriate building permit be obtained from the Township's
Chief Building Official only after the Comrnittee'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 that the new
dwelling be 0 metres from the Environrnental Protection Boundary Zone;
3. That the applicant enter into a Site Plan Control with the Township to
ensure that the appropriate enhancement or restoration works are
completed to the satisfaction of the Township and the Nottawasaga Valley
Conservation Authority;
4. That the septic system be installed to required setbacks of Part 8 of the
Ontario Building Code, and,
5. That the setbacks be in conforrnity with the dimensions as set out in the
application and by the sketch submitted with the application and approved
by the Cornmittee.
.....Carried."
Committee of Adjustment-June 16, 2005
Page 3
9:50
Ken & Angelina Bowman
Conc. 10, South Part Lot 6 (Medonte)
612 Warminster Sideroad
2005-A-18
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In Attendance: Ken & Angelina Bowman, applicants
Secretary-Treasurer read letter from Tim Salkeld, Resource Planner,
Nottawasaga Valley Conservation Authority, dated June 14, 2005 verbatim
to the Committee members and those present in the audience.
BE IT RESOLVED that:
Moved by Michelle Lynch, seconded by Lynda Aiken
"That the Committee hereby approve minor variance application 2005-A-18 as
follows:
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THAT PERMISSION TO EXPAND TWO NON-CONFORMING
STRUCTURES IS GRANTED FOR 612 WARMINSTER SIDEROAD FOR
A 27.871 M2 (300 FT2) ONE STOREY BASEMENT ADDITION ON THE
NORTH SIDE OF THE EXISTING DWELLING AND FOR AN
INCREASED HEIGHT FOR THE DETACHED GARAGE TO 4.877 M (16
FT)
and subject to the following conditions:
1. That the appropriate building permit be obtained frorn 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;
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 that the proposed addition be no closer than 5.8 metres
(19 feet) from the interior side lot line;
3. That the height of the detached garage does not exceed 4.877 metres (16
feet); and,
4. That the setbacks be in conformity with the dimensions as set out in the
application and on the site plan submitted with the application and approved
by the Comrnittee.
.
.. ...Carried."
Committee of Adjustment-June 16, 2005
Page 4
10:00
Viola Tuck
Conc. 1, South Part Lot 16 (Oro)
861 Penetanguishene Road
2005-B-19
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In Attendance: Mr. Charles Style, solicitor for the applicant, Ms. Viola Tuck,
applicant
BE IT RESOLVED that:
Moved by Dave Edwards, seconded by Michelle Lynch
"That the Committee hereby Grant Provisional Consent regarding Application
2005-B-19 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;
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3. That the severed lands be merged in title with 2610 Ski Trails Road 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 applicant apply for and obtain a re-zoning on the severed land to
accurately reflect the residential land use;
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-June 16, 2005
Page 5
10:10
Viola Tuck
Conc. 1, South Part Lot 16 (Oro)
861 Penetanguishene Road
2005-B-09
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In Attendance: Mr. Charles Style, solicitor for the applicant, Ms. Viola Tuck,
applicant
Secretary-Treasurer read letter from Gerry Churchill, 2204 Ski Trails Road,
dated June 15, 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 Cornmittee hereby Grant Provisional Consent for Application 2005-8-
09 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;
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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 the applicant pay a Developrnent Charges Fee in the amount of
$4,055.78 (By-law 2004-082) to the Township;
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 Comrnittee be fulfilled
within one year frorn the date of the giving of the notice.
.. ...Carried."
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Committee of Adjustment-June 16,2005
Page 6
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10:20
Bruce Maguire
Plan 629, Lots 4 & 5 (Oro)
9 Nelson Street
2005-A-19
In Attendance: Mr. Rod Young, architect, and Mr. Bruce Maguire, applicant
Secretary-Treasurer read letter from Tim Salkeld, Resource Planner,
Nottawasaga Valley Conservation Authority, dated June 14, 2005 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 approve minor variance application 2005-A-19 as
follows:
THAT PERMISSION TO EXPAND A NON-CONFORMING STRUCTURE
IS GRANTED FOR 9 NELSON STREET FOR A 52.5 M2 (565 FT2) ONE
STOREY ADDITION ON THE WEST SIDE OF THE EXISTING
DWELLING
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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 becornes 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
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 that the proposed addition be no closer than 7.8 metres
(25.6 feet) from the average high water mark of Bass Lake; and,
3. That the setbacks be in conformity with the dimensions as set out in the
application and on the site plan submitted with the application approved by
the Committee
4. Applicant to verify that the sewage system meets the minimum required
setbacks as per Part 8 of the Ontario Building Code.
.....Carried."
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Committee of Adjustment-June 16, 2005
Page 7
10:30
Susanne Rickard Cole In Trust
Plan 918, Lots 4 & 5 (Oro)
310 Shanty Bay Road
2005-A-20
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In Attendance: Mr. Eric Cole, representing applicant
BE IT RESOLVED that:
Moved by Garry Potter, seconded by Lynda Aiken
"That the Committee hereby approve minor variance application 2005-A-20 as
follows:
THAT PERMISSION TO REDUCE THE REQUIRED SIDE YARD
SETBACK IS GRANTED FOR 310 SHANTY BAY ROAD FOR A 111.48
M2 (1,200 FT2) DETACHED GARAGE
and subject to the following condition:
1. That the stairs located on the garage be removed.
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.....Carried."
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Committee of Adjustment-June 16, 2005
Page 8
10:40
Shirley Joan Thomas
Concession 3, East Part Lot 28, 51R-10726, Part 1
1735 Ridge Road W. (Oro)
2005-B-21
2005-A-21
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In Attendance: Mr. Douglas Hill, solicitor for the applicants, Eleanor Lyons,
daughter of applicant
Secretary-Treasurer read letter from Paul & Jane Walsh, 1753 Ridge Road,
dated June 13, 2005 & from Sharon Beattie, Engineering/Planning
Technician, County of Simcoe, dated June 15, 2005 verbatim to the
Committee members and those present in the audience.
BE IT RESOLVED that:
Moved by Michelle Lynch, seconded by Lynda Aiken
"That the Committee hereby grant Consent application 2005-B-21 for the
creation of a new residential lot and 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;
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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 Municipality;
4. The applicant submits an entrance perrnit application and fee for the
relocation of the residential entrance;
5. The applicant obtains written confirmation from the County of Simcoe
to the Township of Oro-Medonte indicating that an entrance permit
application has been submitted and the proposed location of the
access is acceptable to the County of Simcoe;
6. The applicant shall install a fence at the existing entrance location and
permanently close the existing entrance upon fulfilling Condition 5;
7. That the applicant pay $ 2,000.00 for the lot created as cash-in-lieu of
a parkland contribution; and,
8. That the conditions of consent irnposed by the Committee be fulfilled
within one year from the date of the giving of the notice.
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.....Carried."
Committee of Adjustment-June 16, 2005
Page 9
BE IT RESOLVED that:
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Moved by Michelle Lynch, seconded by Garry Potter
"That the Committee hereby approve minor variance application 2005-A-21 for a
reduced lot frontage of 20.979 metres (68.82 feet) and subject to the following
conditions:
1. That the conditions of Consent application 2005-8-21 be fulfilled
.....Carried."
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Committee of Adjustment-June 16, 2005
Page 10
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10:50
Constance McDermot
Conc. 1, Part Lots 20, 21 (Orillia)
57 Maplewood Parkway
2005-B-20
In Attendance: Constance and John McDermot, owners
BE IT RESOLVED that:
Moved by Lynda Aiken, seconded by Garry Potter
"That the Cornmittee hereby grant Consent application 2005-B-20 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 subrnitted 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 applicant pay a Development Charges Fee in the amount of
$4,055.78 (By-law 2004-082) to the Township;
5. That the applicants apply for and obtain a Driveway Entrance Permit
frorn the Roads Department for the land to be severed; 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-June 16, 2005
Page 11
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11 :00
Janet Lees
Plan 546, Lot 1 (Orillia)
5 Bards Beach Road
2005-A-17
In Attendance: Mr. Don Brydges, neighbour
Secretary-Treasurer read letter from Tim Salkeld, Resource Planner,
Nottawasaga Valley Conservation Authority, dated June 14, 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 Cornmittee hereby defer Minor Variance 2005-A-17 as per the
applicants request
.....Carried."
Committee of Adjustment.June 16, 2005
Page 12
11 :10
Laurel View Homes
Plan M741, Lots 56,5,64 (Oro)
21 Oakmont Ave, 10 Landscapes Dr, 8 Oakmont
2005-A-22
2005-A-23
2005-A-24
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In Attendance: Ms. Kris Menzies, agent representing applicants
BE IT RESOLVED that:
Moved by Dave Edwards, seconded by Garry Potter
"That the Committee hereby approve Minor Variance Application 2005-A-22
granting a variance of 7.2 metres (23.6 feet) for the construction of bow windows
from the minimum required rear yard of 7.5 metres (24.6 feet) 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. An Ontario Land Surveyor provide verification to the Township of
cornpliance with the Committee's decision by 1) pinning the footing or
equivalent and 2) verifying in writing that the bow windows be located no
closer than 7.2 metres (23.6 feet) from the rear lot line; and,
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3. That the setbacks be in conformity with the dimensions as set out in the
application, as subrnitted.
. ....Carried."
BE IT RESOLVED that:
Moved by Lynda Aiken, seconded by Michelle Lynch
"That the Comrnittee hereby approve Minor Variance Application 2005-A-23
granting a variance of 7.2 metres (23.6 feet) for the construction of bow windows
from the minimum required rear yard of 7.5 metres (24.6 feet) subject to the
following conditions:
1. That the appropriate building perrnit 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, cP. 13;
2. An Ontario Land Surveyor provide verification to the Township of
cornpliance with the Committee's decision by 1) pinning the footing or
equivalent and 2) that the bow windows be located no closer than 7.2
rnetres (23.6 feet) from the rear lot line; and,
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3. That the setbacks be in conformity with the dimensions as set out in the
application, as submitted.
Commit1ee of Adjustment-June 16, 2005
Page 13
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... ..Carried."
BE IT RESOLVED that:
Moved by Dave Edwards, seconded by Lynda Aiken
"That the Committee hereby approve Minor Variance Application 2005-A-24
granting a variance of 7.2 metres (23.6 feet) for the construction of bow windows
from the minimum required rear yard of 7.5 metres (24.6 feet) 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. An Ontario Land Surveyor provide verification to the Township of
cornpliance with the Committee's decision by 1) pinning the footing or
equivalent and 2) verifying in writing that the bow windows be located no
closer than 7.2 metres (23.6 feet) from the rear lot line; and,
3. That the setbacks be in conformity with the dimensions as set out in the
application, as submitted.
.....Carried."
5. Other Business
i. Adoption of minutes for May 12, 2005 Meeting
Moved by Michelle Lynch, Seconded by Lynda Aiken
"That the rninutes for the may 12th 2005 Meeting be adopted as printed
and circulated
...Carried."
6. Adiournment
Moved by Dave Edwards, Seconded by Garry Potter
"We do now adjourn at 2:45 p.m."
... Carried."
(NOTE' A tape of this meeting is available for review.)
)
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Secretary-Treasurer,
Andy Karaiskakis
Committee of Adjustment.June 16, 2005
Page 14