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10 13 2005 C of A Minutes ~4- \ Committee of Adiustment Minutes . Thursday Oetober 13. 2005. 9:30 a.m. In Attendance: Chairman Allan Johnson, Member Dave Edwards, Member Garry Potter, Member Lynda Aiken, Member Michelle Lynch and Secretary-Treasurer Andy Karaiskakis 1. Communieations and Correspondenee a) Correspondence to be addressed at the time of the specific hearing. 2. Disclosure of Pecuniary Intere%~O.MEDOiiJTE1OWNSR1~ None declared I MOTIONif ~If I 3. HearinQs: I 0 CT 2 6 2005 9:30 William Lohuaru IMEETiNG: COUNCILO Plan M-447, Lot 33 (Oro) I C. OF W. 16 Valleycrest Drive 2005-A-39 . In Attendance: Christine Kahler, lawyer, Coekburn & Smith, representing applicant, Bill Lohuaru, applicant, Randy Bowman, builder, Mr. Vedtcker, proposed purehaser BE IT RESOLVED that: Moved by Dave Edwards, seconded by Michelle Lynch "That the Committee hereby Approve Minor Variance 2005-A-39, 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 proposed dwelling be located no closer than 0 metres (0 feet) from the slope exceeding 33% or 3 to 1 ; 3. That the Township engineer provide comments satisfactory to the Secretary-Treasurer that the slope stability will not be compromised as a result of the proposed construction; , 4. 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 the Committee; Committee of Adjusfment*Oclober 13, 2005 Page 1 . 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-October 13, 2005 Page 2 9:40 Ron & Janet Clarke Cone. 13, Part South West 1;4 Lot 1 (Medonte) 1478 Horseshoe Valley Road East 2005-B-44 . In Attendanee: Ron & Janet Clarke, applieants Seeretary-Treasurer read letters from Robert Follett, neighbour, dated Oetober 12, Oetober 13, 2005 verbatim to the Committee members and those present in the audienee. BE IT RESOLVED that: Moved by Garry Potter, seconded by Lynda Aiken "That the Committee hereby Grant Provisional Consent for Application 2005-8- 44 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 Committee be fulfilled within one year from the date of the giving of the notice. .....Carried." . Committee of Adjustment-October 13, 2005 Page 3 9:50 Donald Woodrow Cone. 6, East Part Lot 2 (Medonte) 3624 Line 6 North 2005-B-45 . In Attendanee: Don Woodrow, applieant BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Garry Potter "That the Committee hereby Grant Provisional Consent for Application 2005-8- 45 subject to the following conditions: 1. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; and 2. 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-October 13, 2005 Page 4 10:00 Dawn Osehefski Plan 993, Lot 29 (Orillia) 1081 Woodland Drive 2005-A-41 . In Attendanee: Dawn Oschefski, applieant Secretary-Treasurer read letter from Jaekie Burkart, Environmental Planner, Lake Simcoe Region Conservation Authority, reeeived Oetober 12, 2005 verbatim to the Committee members and those present in the audienee. BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Michelle Lynch "That the Committee hereby Defer Minor Variance Application 2005-A-41 to allow time for the applicant to address the issue of exceeding the maximum lot eoverage for all detached accessory buildings. .. ...Carried." . . Committee of Adjustment-October 13, 2005 Page 5 10:10 Matt Marshall & Tammy Masse Plan 952, Lot 24 (Oro) 2277 Lakeshore Road East 2005-A-40 . In Attendanee: Matt Marshall & Tammy Masse, applieants BE IT RESOLVED that: Moved by Dave Edwards, seconded by Michelle Lynch "That the Committee hereby Approve Minor Variance Application 2005-A-40 subject to the following conditions: 1. The west side of the additions shall maintain the existing 1.3 metres (4.2 feet) setback from the side lot line; 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 that the existing setback for the additions be maintained; . 3. That the applicants ensure that the existing drainage between the properties be maintained to the satisfaction of the Public Works Department; 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 setbacks be in conformity with the dimensions as set out in the application and on the sketches and plans dated September 15, 2005 from Lucas Drafting submitted with the application. .....Carried." . Committee of Adjustment-October 13, 2005 Page 6 10:20 James & Catherine Soule Lot 24, Plan 935 (Oro) 28 Grandview Creseent 2005-A-42 . In Attendanee: None Secretary-Treasurer read letter from James & Patrieia Taylor, 31 Grandview Creseent, reeeived Oetober 7,2005 verbatim to the Committee members and those present in the audienee. BE IT RESOLVED that: Moved by Garry Potter, seconded by Dave Edwards "That the Committee hereby approve Minor Variance Application 2005-A-42 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 deck be no closer than 5.5 metres (18 feet) from the front lot line; . 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 deck addition be no closer than 5.5 metres (18 feet) ; 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 and approved by the Committee, as submitted. .. ...Carried." . Committee of Adjustment-October 13, 2005 Page 7 10:30 John & Lisa Markov Coneession 8, Part Lots 26, 27 (Oro) 16 Barbara Avenue 2005-A-43 . In Attendanee: John Markov, applieant BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Garry Potter "That the Committee hereby approve Minor Variance Application 2005-A-43 subject to the following conditions: 1. That the gross floor area of the structure shall not exceed 113 m2 (1,216 ft2) and the height of the structure from grade to ridge shall not exceed 7 metres (23 feet); 2. That the proposed structure shall be used in accordance with the permitted uses of the Agricultural/Rural (A/RU) zone based on the minimum lot area requirements; 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 the Committee, as submitted. . 4. 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, 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~October 13, 2005 Page 8 10:40 Donald Nixon Concession 1, South Part Lot 1 (Oro) 3025 Ridge Road West 2005-A-44 . In Attendanee: Pat Nixon, owner, Steve Coekburn, builder, Carl & Christine Harrison, 3055 Ridge Road Seeretary-Treasurer read letter from Jaekie Burkart, Environmental Planner, Lake Simeoe Region Conservation Authority, reeeived Oetober 12, 2005 verbatim to the Committee members and those present in the audienee. BE IT RESOLVED that: Moved by Garry Potter, seconded by Lynda Aiken "That the Committee hereby Approve Minor Variance Application 2005-A-44 subject to the following conditions: 1. That the maximum height of the proposed boathouse not exceed 7.4 metres (24.3 feet) and that the location of the boathouse be in substantial conformity with the site plan submitted with the application; . 2. That the applicant obtain a permit, if required, from the Lake Simcoe Region Conservation Authority prior to the commencement of any development or boathouse construction on the lands; 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-October 13, 2005 Page 9 10:50 Del Coin Holdings Ine. 2005-B-47 Coneession 1, Part Lot 15, RP 51 R-33232, Part 1 (Orillia) 5315 Highway 11/148 Line 15 South . In AUendanee: Tosh Skalosky, representing Del Coin Holdings Inc. BE IT RESOLVED that: Moved by Dave Edwards, seconded by Garry Potter "That the Committee hereby Deny Consent Application 2005-B-47 on the basis that the application does not conform with the conditions imposed by the Committee on Boundary Adjustment Application 2004-B-25 approved last year. .....Carried." . . Committee of Adjustment-October 13, 2005 Page 10 11 :00 Niek & Cathy Rinaldi Concession 7, Part Lot 26 (Oro) 2005-A-45 . In Attendanee: Andrew Melntyre, designer representing applieants, Bev Pareells, 38 Howard Drive, Vinee Cardarelli, 6 Elm Court Seeretary-Treasurer read letter from Jaekie Burkart, Environmental Planner, Lake Simcoe Region Conservation Authority, reeeived October 12, 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 Minor Variance Application 2005-A-45 to allow time for the applicant to prepare a Stormwater Management Plan to address the concerns relating to drainage and the possibility of flooding on the subject lands to the satisfaction of the Township. .. ...Carried." . . Committee of Adjustment~October 13, 2005 Page 11 11 :10 Lester & Cristina Cooke Coneession 3, South Part Lot 7, Plan 920 18 Moon Point Drive (Orillia) 2005-B-41, 2005-B-42, 2005-B-43 . In Attendanee: Lester & Cristina Cooke, applieants, Laureen Winterton, 51 Moon Point Drive, Craig Cotton, 466 Woodland Drive, Gary Thiess, 33 Moon Point Drive Secretary-Treasurer read letter from James Seligman, 1 & 3 Moon Point Drive, reeeived Oetober 12, 2005 verbatim to the Committee members and those present in the audienee. BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Garry Potter "That the Committee hereby Grant Provisional Consent for Application 2005-B- 41 for the creation of one 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 submitted to the Committee Secretary- Treasurer; . 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for each parcel severed, for review by the Municipality; 3. That all Municipal taxes be paid to the Municipality; 4. That the applicant pay a Development Charges Fee in the amount of $4,055.78 (By-law 2004-082) to the Township for each lot created; 5. That the applicant obtain a re-zoning for the severed lots; 6. That the applicant pay $ 2,000.00 for each lot created as cash-in-lieu of a parkland contribution; 7. That Official Plan Amendment 19 receive final approval; and, 8. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. .....Defeated." Moved by Michelle Lynch, seconded by Dave Edwards . "That the Committee hereby Defer Consent Application 2005-B-41 for the creation of one residential lot until such time as Official Plan Amendment 19 receives final approval .. ...Carried." Committee of Adjustment~October 13, 2005 Page 12 BE IT RESOLVED that: . Moved by Michelle Lynch, seconded by Dave Edwards "That the Committee hereby Defer Consent Application 2005-8-42 for the creation of one residential lot until such time as Official Plan Amendment 19 receives final approval .....Carried." BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Dave Edwards "That the Committee hereby Defer Consent Application 2005-B-43 for the creation of one residential lot until such time as Official Plan Amendment 19 receives final approval . .. ...Carried." . Committee of Adjustment*October 13, 2005 Page 13 11:20 Douglas Shaw Plan 882, Part Lots 22, 23 (Oro) 1079 Lakeshore Road A-39/03(Revised) . In Attendanee: Doug Shaw, applieant BE IT RESOLVED that: Moved by Dave Edwards, seconded by Garry Potter "That the Committee hereby defer application A-39/03 as revised as per the applicants request to allow time for the applicant to revise the location and size of the proposed garage. .....Carried." . . Committee of Adjustment~October 13, 2005 Page 14 . . 5. Other Business . i. Adoption of minutes for the September 15, 2005 Meeting Moved by Dave Edwards, Seconded by Lynda Aiken "That the minutes for the September 15th 2005 Meeting be adopted as printed and circulated ...Carried." 6. Adiournment Moved by Lynda Aiken, Seconded by Garry Potter "We do now adjourn at 3:40 p.m." ... Carried." tape of this meeting is available for review.) ecretary- Treasurer, ndy Karaiskakis . \ . Committee of Adjustment-October 13, 2005 Page 15