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07 14 2005 C of A Minutes , /J 're ~ / . Cornmittee of Adjustment Minutes Thursday July 14, 2005, 9:30 a.m. In Attendance: Chairman Allan Johnson, Member Dave Edwards, Mernber Michelle Lynch, Mernber Garry Potter, Mernber Lynda Aiken, Secretary- Treasurer Andy Karaiskakis, and Director of Planning Bruce Hoppe 1. Communications and Correspondence None declared O~..MEDO MOTION# 13 AUG 1 0 Z005 MEETING: COUNCILD C. OF W. 2005-A-16 Correspondence to be addressed at the time of the specific he 2. Disclosure of Pecuniary Interest 3. Hearinqs: 9:30 Dwight & Wendy Holm Concession 8, West Part Lot 11 (Medonte) 164 Mount 51. Louis Road East . In Attendance: Dwight & Wendy Holm, applicants BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Lynda Aiken "That the Committee hereby Grant Minor Variance Application 2005-A-16 subject to the following conditions: 1. That the size and setbacks of the proposed addition be in conforrnity with the Surveyor's Real Property Report prepared by Raikes Surveying dated June 8, 2005; 2. That the slJrlleyor provide verification to the Township that the footings were pinned for the proposed addition; 3. That the applicant adhere to Approval # 2005-9034 from the Nottawasaga Valley Conservation Authority; 4. That the proposed addition be required to rneet the setbacks frorn the existing sewage system as per Part 8 of the Ontario Building Code; 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-July 14. 2005 Page 1 . 9:50 Janet Lees Plan 546, Lot 1 (Orillia) 5 Bards Beach Road 2005-A-17 In Attendance: Janet & Dawson Lees, applicants Secretary-Treasurer read letters from T. Kent Dempsey, neighbour, received July 14,2005 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 Committee hereby defer Minor Variance 2005-A-17 to allow tirne for the applicant to address the concerns relating to the location of the proposed septic system which could effect the location of the proposed dwelling. .. ...Carried." . . Committee of Adjustment~July 14, 2005 Page 2 10:00 Helen Perry 2005-B-22 Conc. 11, East Part Lot 17, 51 R-9287, Part 1 (Oro) 556 Line 11 North . In Attendance: Ms. Helen Perry, applicant, and Morris Shelswell, neighbour Secretary-Treasurer read letter from Holly Spacek, Planning Officer, Simcoe County District School Board, dated July 4, 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 grant Provisional Consent regarding Application 2005-6-22 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 rnerged in title with 544 Line 11 North 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 industrial land use; 6. That all rnunicipal taxes be paid to the Township of Oro-Medonte; 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." . Committee of Adjustment-July 14, 2005 Page 3 10:10 Beth Power Conc. 9, Plan 875, Lot 16 (Oro) 65 Parks ide Drive 2005-A-25 . In Attendance: Mr. Eric Cole, contractor for Ms. Power BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Michelle Lynch "That the Committee hereby grant Minor Variance 2005-A-25 subject to the following conditions: 1. That the second storey addition be no larger than 162.5 rn2 (1 ,750 fe); 2. That the setbacks be in conformity with the dimensions as set out in the application and on the survey submitted with the application dated July 30, 1997 and approved by the Committee; 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.July 14, 2005 Page 4 10:20 Amy Bond & Kathleen Taylor Conc. 12, Plan 653, Lots 35 & 36 (Oro) 157 Robinson Street 2005-A-26 . In Attendance: Mr. Paul Taylor, husband of Kathleen Taylor Secretary-Treasurer read letter from P. Virginia Holmes, neighbour, received July 8, 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 grant Minor Variance 2005-A-26 subject to the following conditions: 1. That the maximurn height of the proposed boathouse not exceed 5.6 metres (18.3 feet); 2. That the appropriate building permit 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.; and, . 3. 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 .....Carried." . Committee of Adjustment.July 14, 2005 Page 5 . 10:30 Harold & Sue Regan Plan 626, Lot 37, Part Lot 105 (Oro) 8 Simcoeside Ave. 2005-A-27 In Attendance: Sue Regan, applicant Secretary-Treasurer read letter from Marley & Jerry Greenglass, neighbour, dated July 6, 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 grant Minor Variance Application No. 2005-A-27 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 becornes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13; 2. That the ground floor area of the addition be no larger than 33.4 m2 (360 ft2); 3. 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 that the addition be no closer than 2.4 metres (8 feet) ; and, 4. That the setbacks be in conforrnity with the dimensions as set out in the application and on the sketch subrnitted with the application and approved by the Committee, as submitted. .. ...Carried." . Committee of Adjustment~July 14, 2005 Page 6 10:40 Nancy George Boyd 2005-A-28 Concession 1, Part Lot 1, 51 R-28412, Parts 2 & 14 3349 Ridge Road West (Oro) . In Attendance: Mr. William Laycock, Essa Home & Contracting BE IT RESOLVED that: Moved by Garry Potter, seconded by Dave Edwards "That the Committee hereby grant Minor Variance Application No. 2005-A-28 subject to the following conditions: 1. That the maxirnum height of the proposed boathouse not exceed 11.9 metres (39 feet) from the average high water mark of Lake Simcoe to the peak of the roofline and that the location and shape of the boathouse be in substantial conformity with the site plan submitted with the application; 2. That the applicants plant trees after completion of the boathouse as required by the Site Plan Agreement; 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-July 14, 2005 Page 7 10:50 Peter & Janet Elaine Nell Cone. 14, Part Lot 22, 51R-27164, Part 1 (Oro) 707 Line 13 South 2005-8-23 . . In Attendance: Peter Nell, applicant, Mel Kent, 715 Line 13 South, Ray Richardson, 15 Shoreline Drive BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Garry Potter "That the Committee hereby grant Provisional Consent regarding Application 2005-B-23 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 Treasurer; 2. That the severed lands be merged in title with 715 Line 13 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; . 3. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will rnerge in title; 4. That the applicant prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 5. 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 AdjustmentHJuly 14, 2005 Page 8 11 :00 Mel Kent Cone. 14, West Part Lot 22 (Oro) 715 Line 13 South 2005-B-24 . In Attendance: Mel Kent, applicant, Peter Nell, 707 Line 13 South, Ray Richardson, 15 Shoreline Drive BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Dave Edwards "That the Committee hereby grant Provisional Consent regarding Application 2005-8-24 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 Treasurer; 2. That the severed lands be rnerged in title with 707 Line 13 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; . 3. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 4. That the applicant prepare and subrnit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 5. That the conditions of consent imposed by the Cornrnittee be fulfilled within one year frorn the date of the giving of the notice. .. ...Carried." . Committee of Adjustment~July 14, 2005 Page 9 11 :10 Douglas Shelswell & Wayne Shelswell Conc. 14, Lot 18 (Oro) 191 Line 13 South 2005-8-25 . In Attendance: Doug Shelswell, applicant BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Garry Potter "That the Committee hereby grant Provisional Consent regarding Application 2005-B-25 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 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 Comrnittee be fulfilled within one year from the date of the giving of the notice. .. ...Carried." . Committee of Adjustment~July 14, 2005 Page 10 11 :20 TRY Recycling Inc. Conc. 8, West Part Lot 19 (Oro) 225 Line 7 North 2005-B-26 . In Attendance: Andria Leigh, agent representing applicant, Robert Swerdon, neighbour Secretary-Treasurer read letter from Bob Swerdon, neighbour, dated July 8, 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 Cornmittee hereby defer Consent application 2005-B-26 until such tirne as Council reviews the rezoning application and fully assesses the Official Plan conforrnity. .....Carried." . . Committee of Adjustment.July 14, 2005 Page 11 . 11 :30 Penny Shainline Conc. 7, Plan 755, Lot 16, Lot 17 (Oro) 73 Lakeshore Road West 2005-A-29 In Attendance: Penny Shainline, applicant, Mark Rogers, contractor BE IT RESOLVED that: Moved by Dave Edwards, seconded by Lynda Aiken "That the Cornmittee hereby grant Minor Variance Application No. 2005-A-29 subject to the following conditions: 1. The west side of the detached garage shall maintain the existing 1.2 metre (4.07 feet) and 1.4 metre (4.72 feet) setback from the side lot line for the north-west corner and for the south-west corner of the detached garage respectively; 2. The front yard of the detached garage maintain the existing 4.9 metre (16.23 feet) and 4.8 metre (16.02) setback from the front lot line for the north-west and north-east corner of the garage respectively; . 3. That 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 that the existing setbacks for the detached garage will be rnaintained; 4. The ground floor area of the detached garage be no larger than 80.3 m2 (864 ft2); 5. That the height of the detached garage be no higher than 5.2 metres (17 feet); 6. That the appropriate building permit 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; and, 7. 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 .....Carried." . Committee of Adjustment-July 14, 2005 Page 12 . . . 5. Other Business i. Adoption of rninutes for June 16, 2005 Meeting Moved by Garry Potter, Seconded by Dave Edwards "That the minutes for the June 16th 2005 Meeting be adopted as printed and circulated ...Carried." 6. Adiournment Moved by Dave Edwards, Seconded by Garry Potter "We do now adjourn at 2:25 p.m." ... Carried." (NOTE: il/l'Pie 01 Ihl, meeting I, .vall'.'e r ..view.) /1 / II, ~jn , /i I ." WUllAjl, Irperl , See etary-Treasurer, Allan Jtnson Andy Karaiskakis Committee of Adjustment.July 14,2005 Page 13