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09 15 2005 C of A Minutes . ()RO.MEDONTE TOWNSHIP MOTION# 11.0 SEP 2 B 2005 MEETING: COUNCILO ~b.,. \ Committee of Adjustment Minutes Thursday September 15. 2005. 9:30 a.m. In At n airman Allan Johnson. Member Dave Edwards, Member Garry Polter, Member Lynda Aiken, Member Michelle Lynch, Secretary-Treasurer Andy Karaiskakis, and Director of Planning Bruce Hoppe 1. Communications and Correspondence a) Correspondence to be addressed at the time of the specific hearing. b) July 2005 OACA Newsletter Moved by Lynda Aiken, seconded by Michelle Lynch That the Ontario Association of Committees of Adjustments Newsletter of July 2005 be received. 2. Disclosure of Pecuniary Interest Member Garry Potter declared a conflict of interest regarding application 2005-B.40 as his boat is stored at the marina owned by the applicant. . 3. Hearinqs: 9:30 James Swan Plan 742, Lot 2 (Oro) 209 Bay Street 2005-A-34 In Attendance: None BE IT RESOLVED that: Moved by Dave Edwards, seconded by Garry Potter "That the Committee hereby grant Minor Variance 2005-A-34 subject to the following conditions: . 1. That the height of the detached garage not exceed 5 metres (16.5 feet); 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; and, 3. That the setbacks be in conformity with the dimensions as set out in the application and on the sketches submitted dated August 4, 2005 and approved by the Committee .. ...Carried." Committee of Adjustment-September 15,2005 Page 1 9:40 Douglas & Kathleen Speers Cone. 11, Part Lot 14 (Medonte) 5236 Line 11 North 2005-A-35 . In Attendance: Doug Speers, applicant BE IT RESOLVED that: Moved by Garry Potter, seconded by Lynda Aiken "That the Committee hereby grant Minor Variance 2005-A-35 for the construction of a swimming pool which is located within the limits of the Environmental Protection Zone and to recognize the 166 m2 (1791 ft) addition to the dwelling which was constructed in 2004 and be subject to the following conditions: . 1. That the size and setbacks of the proposed swimming pool be in conformity with the sketches submitted with the application and approved by the Committee; 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-September 15, 2005 Page 2 9:50 Bartor Assoeiates Conc. 6, Part Lot 27, RP 51 R-16789 (Oro) 2005-B-40 . In Attendance: Frank Pizzatelli, solicitor for applicants, Frank Lepschi, owner of 220 Lakeshore Road West, Edgar Marten, owner of 226 Lakeshore Road West, Ritz Zair on behalf of Edgar Marten, Helme Kaju, owner of 223 Lakeshore Road West. Seeretary-Treasurer read letter from Peter Kaju, 223 Lakeshore Road West, received September 14,2005 verbatim to the Committee members and those present in the audience. BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Dave Edwards "That the Committee hereby grant Consent application 2005-B-40 as amended with a lot depth of approximately 45 metres (147.6 feet) and a total lot area of 0.68 acres (2778 square metres) 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 the Lot 39, Plan 807, 220 Lakeshore Road West 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 applicants solicitor 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 this notice; 6. That the applicant apply for and obtain a rezoning on the subject lands to accurately reflect the residential land use; and, 7. If further buildings are proposed to be erected on the subject lands or if the lot grading changes, the existing drainage must remain as is. .....Carried." . Committee of Adjustment-September 15, 2005 Page 3 10:00 Daniel Cibirka Conc. 7, Part Lot 27 (Oro) 112 Lakeshore Road West 2005-A-36 . In Attendance: Dan Cibirka, applicant BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Michelle Lynch "That the Committee hereby grant Minor Variance 2005-A-36 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 setbacks be in conformity with the dimensions as set out in the application and on the sketch submitted with the application dated May 12, 2005 and approved by the Committee, as submitted. . .. ...Carried." . Committee of Adjustment-September 15, 2005 Page 4 10:10 Curtis Gray & Christina Bremer Conc. 1, Part Lot 40 (Vespra) 3342 Penetanguishene Road 2005-B-39 . In Attendance: Curtis Gray, applicant Secretary-Treasurer read letter from Rachelle Hamelin, Planner II, County of Simeoe, dated September 13, 2005 verbatim to the Committee members and those present in the audienee. BE IT RESOLVED that: Moved by Dave Edwards, seconded by Garry Potter "That the Committee hereby defer Consent application 2005-B-39 until such time as the Craighurst Secondary Plan is considered further by Council and a further assessment of the Official Plan conformity can be conducted .. ...Carried." . . Committee of Adjustment-September 15, 2005 Page 5 10:20 Merle & Howard Carr Cone. 5, Lot 13, Plan M593 (Oro) 4 Melville Court 2005-A-38 ' . In Attendanee: None BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Lynda Aiken "That the Committee hereby grant Minor Variance 2005-A-38, subject to the following conditions: 1. 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, . 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-September 15, 2005 Page 6 10:30 Bob White 2005-A-08(Revised) East Part Lots 111, 112, 113, Plan 589 (Oro) 98 Lakeshore Road East . In Attendanee: Bob White, applieant BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Dave Edwards "That the Committee hereby grant Minor Variance 2005-A-08 as revised for a second floor balcony to be located at the front of the dwelling and for an exterior side yard setback of 3.8 metres (12.67 feet) 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 sketches submitted with the application dated August 22, 2005 and approved by the Committee; . 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 16 metres (53 feet) from the front lot line and that the proposed deck be no closer than 14 metres (47 feet) from the front lot line; b) be no closer than 2.4 metres (8 feet) from the interior side lot line; c) be no closer than 5 metres (17 feet) from the rear property line; and, d) be no closer than 3.8 metres (12.67 feet) from the exterior side yard; 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-September 15, 2005 Page 7 10:40 Mary Jane Sarjeant Range 2, Part Lots 1 and 2 (Oro) 2249 Ridge Road West 2005-A-37 ' . In Attendance: Matt Pryce, representing applieant, Pryeon Custom Building BE IT RESOLVED that: Moved by Garry Potter, seconded by Lynda Aiken "That the Committee hereby grant Minor Variance 2005-A-37 subject to the following conditions: 1. 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; . 2. That the applicant adhere to Permit No. OP.2005.10 from the Lake Simcoe Region Conservation Authority letter dated August 8, 2005; . 3. That the setbacks be in conformity with the dimensions as set out in the application and on the plans and sketches submitted with the minor variance application and with the Building Permit dated August 6, 2004 and approved by the Committee; 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, 5. That the applicant obtain approval for the combined application for Site Plan Control/Removal of the Holding Provision. .....Carried." . Committee of Adjustment-September 15, 2005 Page 8 10:50 Tang Fen Wong 2005-B-38(Revised) 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 & Assoeiates, , Marshall Green, lawyer representing Woods & Lipson, Robert O'Hara, 6 Pemberton Lane, Peter Maxwell, 1 Pemberton Lane BE IT RESOLVED that: Moved by Dave Edwards, seconded by Lynda Aiken "That the Committee hereby Defer Consent Application 2005-B-38 as revised to a special Committee of Adjustment Meeting on Tuesday October 25, 2005 at 7:00 p.m. to allow the applicant to meet with the interested parties for mediation and to consider the potential to revise their application if deemed necessary .....Carried." . . Committee of Adjustment-September 15, 2005 Page 9 . . . 5. Other Business i. Adoption of minutes for August 11, 2005 Meeting Moved by Dave Edwards, Seconded by Lynda Aiken "That the minutes for the August 11th 2005 Meeting be adopted as prinied and circulated 6. Adiournment .. .Carried." Moved by Dave Edwards, Seconded by Michelle Lynch "We do now adjourn at 2:30 p.m." ... Carried." (NOTE: A tape of this meeting is available for review.) I ~~ Se'eretary-Treasurer, Andy Karaiskakis Committee of Adjustment-September 15, 2005 Page 1 0