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08 11 2005 C of A Minutes . . . /.3 h-( Comrnittee of Adjustment Minutes Thursday AUQust 11, 2005, 9:30 a.m. In Attendance: Chairrnan Allan Johnson, Member Dave Edwards, Member Garry Potter, Member Lynda Aiken, Secretary-Treasurer Andy Karaiskakis, and Director of Planning Bruce Hoppe Absent Member: Michelle Lynch IOFfO'~"DON~_ 1. Communications and Correspondence I MOTiON# () I ....-.."-....,,-........-,,.--...-"...-.--.-.-,,-.......-."..-..-.......".""..."....-."....""-..-.."-."....-...,,"....."""-.....-"--''.''...-....-"+-..--..-SEP'..-''...''-..---''.''-""....-...- Correspondence to be addressed at the time of the specific hearing.l - 7 Z005 I I MEETING: COUNCIL I C. OF W. 0 .. 2. Disclosure of Pecuniary Interest None declared 3. Hearinqs: 9:30 Janet Lees Plan 546, Lot 1 (Orillia) 5 Bards Beach Road 2005-A-17 In Attendance: Janet & Dawson Lees, owners BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Dave Edwards "That the Comrnittee hereby grant Minor Variance 2005-A-17 subject to the following conditions: 1. The proposed deck shall be setback no closer than 8 metres (26 feet) from the average high water rnark of Bass Lake; 2. The proposed dwelling shall be setback no closer than 12.12 metres (39.76 feet) frorn the average high water mark of Bass Lake; 3. The stairs accessing the proposed deck shall be setback no closer than 10,,05 metres (32.97 feet) from the average high water mark of Bass Lake; 4. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 5. That the applicant obtain approval from the Nottawasaga Valley Conservation Authority under the Conservation Authorities Act; Committee of Adjustment-Augus111, 2005 Page 1 . 6. That the applicant apply for and obtain approval for the combined application for Site Plan Control/Removal of the Holding Provision, as Bards Beach Road is an unassumed or private road; 7. 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; and, 8. 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-August 11, 2005 Page 2 9:40 Tim Russell Conc. 5, East Part Lot 19 (Medonte) 5718 Line 5 North 2005-A-31 . In Attendance: Tim Russell, applicant Secretary-Treasurer read letters from Tim Salkeld, Resource Planner, Nottawasaga Valley Conservation Authority, dated August 9, 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 grant Minor Variance 2005-A-31 subject to the following conditions: 1. That the size and setbacks of the proposed garage be in conformity with the sketches submitted with the application and approved by the Corn rn ittee; 2. 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: . i) ii) the garage be no larger than 69.6 m2 (750 ff); and, the garage be located no closer than 100.5 metres (330 feet) from the front property line; 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-August 11,2005 Page 3 9:50 Everton & Darlene Ellis Conc. 4, East Part Lot 22 (Oro) 290 Line 4 South 2005-B-31 . In Attendance: John Wilk & Nancy Davis, 304 Line 4 South & Darlene Ellis, 290 Line 4 South. BE IT RESOLVED that: Moved by Garry Potter, seconded by Lynda Aiken "That the Committee hereby grant Provisional Consent regarding Application 2005-8-31 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 rnerged in title with 304 Line 4 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-August 11,2005 Page 4 10:00 Myrtle Alderson 2005-A-32 Cone. 12, West Part Lot 22, RP 51R-4477, Part 1 (Oro) 1709 Ridge Road East . In Attendance: Mike & Debbie Barnett, new owners of property BE IT RESOLVED that: Moved by Dave Edwards, seconded by Lynda Aiken "That the Committee hereby grant Minor Variance 2005-A-32, subject to the following conditions: 1. That the appropriate building permits be obtained frorn 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 height of the proposed garage be no greater than 6.4 metres (21 feet); 3. That the size of the proposed garage be no larger than 80.3 m 2 (864 ft2); and, . 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. .....Carried." . Committee of Adjustment-August 11,2005 Page 5 10:10 James & Linda Cooper Cone. 7, Plan 755, Lots 40 & 41 (Oro) 105 Lakeshore Road West 2005-A-33 . In Attendance: James & Linda Cooper, applicants BE IT RESOLVED that: Moved by Garry Potter, seconded by Dave Edwards "That the Cornmittee hereby grant Minor Variance 2005-A-33 subject to the following conditions: 1. The west side of the attached garage shall maintain the existing 2.19 rnetres (7.21 feet) setback from the side lot line; 2. That the proposed deck be located no closer than 15.5 rnetres (51 feet) from the average high water rnark of Lake Simcoe; . 3. 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 existing setback for the attached garage be maintained and that the deck be located no closer than 15.5 m (51 It) from the average high water mark of Lake Simcoe; 4. 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, 5. 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-August 11,2005 Page 6 10:20 Ted Pickard & Lisa Truax 2005-B-32 - 2005-B-36 Conc. 8, Plan 51 R-24483, Part 1, East Part Lot 16 (Medonte) 128 Moonstone Road East . In Attendance: Ted Pickard & Lisa Truax, applicants BE IT RESOLVED that: Moved by Dave Edwards, seconded by Lynda Aiken "That the Committee hereby defer Applications 2005-B-32 - 2005-B-36 to allow tirne for the Township to receive favourable comments from the Public Works Department and frorn the County of Simcoe for the proposed five lots and for confirmation that the lots can be serviced by the Robincrest Water System. .....Carried." . . Committee of Adjustment-August 11,2005 Page 7 10:30 Lawrence Murphy & Michelle Sheridan Plan 51 M-746, Block 16 (Oro) 10 Forest Hill Drive 2005-B-37 . . In Attendance: Larry Murphy & Michelle Sheridan Murphy, applicants, Mr. Ellis, owner of Terra Ridge Development, Tadeen Mulders 16 Forest Hill Drive, Warren Mills, 15 Forest Hill Drive, Murrey Atkinson, 19 Forest Hill Drive, Barry Keogh, 18 Forest Hill Drive, Scotty Stewart, 11 Forest Hill Drive, Mr. Barcicki, 17 Forest Hill Drive, Paul Marshall, Councillor BE IT RESOLVED that: Moved by Dave Edwards, seconded by Garry Potter "That the Committee hereby not grant Provisional Consent to application 2005-B-37 as it does not conform with Section D9.3 of the Official Plan and that the two small lots are inconsistent with the lots that exist and they will disrupt the character of the subdivision. .. ...Carried." . . Committee of Adjustment-August 11,2005 Page 8 10:40 Tang Fen Wong 2005-B-38 Range 2, West Half Lot 2, 51 R-3530, Parts 3, 4 & 2 (Oro) 1131 Range Road . In Attendance: Jill Lewis & Angela Rudy, agents representing applicant, Rudy & Associates, Kim Maxwell, 1 Pemberton Lane, Peter Maxwell, 1 Pemberton Lane, Lennard Roddness, lawyer representing neighbouring properties, Egle Vair, 11 Pemberton Lane, John Connolly & Deborah Woods, 13 Pemberton Lane, Robert O'Hara, 6 Pemberton Lane, Kim Maxwell, 1 Pemberton Lane, Peter Maxwell, 1 Pemberton Lane Secretary-Treasurer read letters from: Lynn Price, Executive Director, The Foundation for People with Special Needs, dated August 9, 2005 Mary Percival Maxwell, 1 Pemberton Lane, dated August 7, 2005 Karen White, 15 Pemberton Lane, dated August 11, 2005 Elizabeth Burns, 5 Pemberton Lane, dated August 10, 2005 Susan Woods & Fred Beck, 1131 Range Road, dated August 9, 2005 Shirley Bainbridge, 2327 Ridge Road West, dated August 10, 2005 Audrey Reucassel, 3 Pemberton Lane, dated August 10, 2005 Mary Grace Wright, 21 Pemberton Lane, dated August 10, 2005 Frank & Kathy Rolph, 17 Pemberton Lane, received August 11, 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 Defer Consent Application 2005-B-38 to allow time for the applicant to consider which lot should be the severed lot on the application and to initiate discussions with the Public Works Superintendent regarding a potential road widening. .. ...Carried." . Committee of Adjustment-August 11,2005 Page 9 . 10:50 Dave & Bunny Walker 2005-A-30 Conc. 7, East Part Lot 26, RP 51 R-9881, Part 1 (Oro) 41 Lakeshore Road West In Attendance: Dave & Bunny Walker, applicants BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Garry Potter "That the Cornmittee hereby approve Minor Variance Application 2005-A-30, subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Cornrnittee's decision by way of survey/real property report prepared by an Ontario Land Surveyor that the proposed swirnrning pool be located no closer than 17 metres (55.8 feet) from the top of bank of the creek; . 2. That the applicants maintain the area between the proposed pool and the creek in a natural, undisturbed condition as noted by the Lake Simcoe Region Conservation Authority letter dated July 20, 2005; 3. That the setbacks be in conformity with the dimensions as set out in the application and on the sketch submitted with the application and approved by Cornmittee; and, 4. 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.August 11, 2005 Page 10 . . . 5. Other Business i. Adoption of minutes for July 14, 2005 Meeting Moved by Lynda Aiken, Seconded by Garry Potter "That the minutes for the July 14th 2005 Meeting be adopted as printed and circulated .. .Carried." 6. Adiournment Moved by Garry Potter, Seconded by Lynda Aiken "We do now adjourn at 4:10 p.m." ... Carried." tape of this meeting is available for review.) ~~ Secretary-Treasurer, Andy Karaiskakis Committee of Adjustment-August 11, 2005 Page 11