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01 12 2006 C of A Minutes C\' ~ \. \6. .- \ Committee of Adiustment Minutes Thursdav January 12. 2006, 9:30 a.m. In Attendance: Chairperson Lynda Aiken, Member Dave Edwards, Member Allan Johnson, Member Michelle Lynch and Secretary-Treasurer Andy Karaiskakis Absent Member: Garry Potter 1. Communications and Correspondence None declared \1l:-DOt\TE TOWNSHIP i ,[)r, e f I I 2 5 2006 ' . COUNCIL 0 C. OF W. Correspondence to be addressed at the time of the specific hearing. 2. Disclosure of Pecuniary Interest 3. HearinQs: 9:30 Doug Shaw Plan 882, Part Lots 22, 23 (Oro) 1079 Lakeshore Road East A-39/03 (Revised) In Attendance: Doug Shaw, applicant BE IT RESOLVED that: Moved by Allan Johnson, seconded by Michelle Lynch "That the Committee hereby approve minor variance A-39/03 as revised 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 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; 3. That the proposed garage be no larger than 59m2 (644 ft2); 4. That the proposed garage be no closer than 1.8 metres (6 feet) from the interior side lot line; 5. That the proposed garage be no closer than 3 metres (10 feet) from the front lot line to the closest corner of the garage; and, Committee of Adjustment-January 12, 2006 Page 1 c\ - 'l. 6. 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 .. ...Carried." Committee of Adjustment~January 12. 2006 Page 2 -) 9:40 Marion Homer Conc.9, South Part Lot 22 (Medonte) 6331 Line 8 North 2005-A-S3 In Attendance: Marion Homer, applicant and David Fell, contractor BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Dave Edwards 'That the Committee hereby approve Minor Variance Application 2005-A-53 subject to the following conditions: 1. That the front yard for the proposed kennel shall be no closer than 94.99 m (311.6 ft), as shown on the Site Plan prepared by Galbraith, Eplett, Worobec Surveyors dated September 15, 2005; 2. That the proposed structure shall be used in accordance with the permitted uses of the Agricultural/Rural (A1RU) zone; 3. That the setbacks be in conformity with the dimensions as set out in the application and on the Site Plan dated September 15, 2005 submitted with the application and approved by the Committee. 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 AdjLJstment~January 12, 2006 Page 3 9:50 Mary Spasov Plan 864, Lot 4 (Oro) 245 Shoreline Drive 2005-A-54 In Attendance: Mike Spasov, acting on behalf of owner BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Allan Johnson "That the Committee hereby approve Minor Variance Application 2005-A-54 subject to the following conditions: 1. The dwelling maintain the existing 4 metres (12.9 feet) and 7.5 metres (24.8 feet) for the north-west and north-east corners of the dwelling respectively setback from the interior side lot lines; 2. That the height of the new roofline be no higher than 11 metres (36 feet); 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; and, 4. That the setbacks be in conformity with the dimensions as set out in the application and on the sketches submitted and approved by the Committee. .....Carried." Committee of Adjustment.January 12, 2006 Page 4 10:00 David & Shelley Fell Lot 110, Plan M29 (Medonte) 2005-B-56 2005-A-55 In Attendance: David Fell, applicant BE IT RESOLVED that: Moved by Allan Johnson, seconded by Dave Edwards "That the Committee hereby grant Provisional Consent regarding Application 200S-B-56 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 merged in title with 37 Alpine Drive 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 shed be removed or relocated in compliance with the Zoning By- law; 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." Moved by Dave Edwards, seconded by Michelle Lynch "That the Committee hereby approve Minor Variance Application 2005-A-55 subject to the following conditions: 1. That the applicants fulfil the conditions of Consent Application 2005-B-S6 .. ...Carried." Committee of Adjustment-January 12, 2006 Page 5 ~ 10:10 Judith Lauder Part Lots 1 & 2, Plan 860 (Oro) 2653 Lakeshore Road East 2005-B-57 In Attendance: Christian Lauder, acting on behalf of applicant, Iris Roe, 303 Shoreline Drive BE IT RESOLVED that: Moved by Dave Edwards, seconded by Allan Johnson "That the Committee hereby grant Provisional Consent regarding Application 2005-B-57 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. The rear property line would have to be located a minimum distance of 40 metres (131 feet) from the rear wall of the house to allow for existing septic system; 4. That the severed lands be merged in title with 467 Shoreline Drive 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; 5. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 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." Committee of Adjustment~January 12, 2006 Page 6 10:20 Angus & Marjorie Ferguson North Part Lot 12, Plan 640A (Oro) 2 Wilson Street 2005-A-57 In Attendance: Doug Akers, representing Casselmans', future owners of 2 Wilson Street, Marjory Shedd, 103 Shoreline Drive BE IT RESOLVED that: Moved by Dave Edwards, seconded by Allan Johnson "That the Committee hereby approve Minor Variance Application 2005-A-57 subject to the following conditions: 1. That the proposed dwelling be located no closer than 3 metres (10 feet) from the front and rear property lines; 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 dwelling be located no closer than 3 metres (10 feet) from the front and rear lot lines; 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 RS.O. 1990, c.P. 13; 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 ... ..Carried." Committee of Adjustment-January 12. 2006 Page 7 ~4-~ 10:30 Fred Shellswell Conc.7, South Part Lot 2 (Medonte) 3548 Line 7 North 2005-A-56 In Attendance: Fred Shellswell, applicant Secretary-Treasurer read letter from Tim Salkeld, Resource Planner, Nottawasaga Valley Conservation Authority, dated January 6, 2006 verbatim to the Committee members and those present in the audience. BE IT RESOLVED that: Moved by Allan Johnson, seconded by Michelle Lynch "That the Committee hereby approve Minor Variance Application 2005-A-56 subject to the following conditions: 1. That the size and setbacks of the proposed dwelling be in conformity with the sketches submitted with the application 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 i) the dwelling be located no closer than 91.4 metres (300 feet) from the front property line, 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~January 12, 2006 Page B 10:40 CNR Contracting Plan 798, Lots 73, 74, 75, 77, 78 (Oro) 11 Sunnyside Ave. 2005-S-55 In Attendance: Martin Kichuk, representing applicant BE IT RESOLVED that: Moved by Dave Edwards, seconded by Allan Johnson "That the Committee hereby Defer Consent application 2005-8-55 for the creation of a new residential lot to allow the opportunity for staff to discuss with the applicant the options to address the deficient lot area for the retained lands as a result of the severance. .. ...Carried." Committee of Adjustment~January 12. 2006 Page 9 10:50 Steve Meyer Cone. 9, West Part Lot 7 (Medonte) 370 Warminster Sideroad Q \q -\0 A-1/03 (Revised) In Attendance: Steve Meyer, applicant Secretary-Treasurer read letter from Tim Salkeld, Resource Planner, Nottawasaga Valley Conseryation Authority, dated January 6, 2006 verbatim to the Committee members and those present in the audience. BE IT RESOLVED that: Moved by Allan Johnson, seconded by Dave Edwards "That the Committee hereby approve Minor Variance Application A-1/03 as revised subject to the following conditions: 1. That the size and setbacks of the proposed dwelling be in conformity with the sketches submitted with the application 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 3. the dwelling be located no closer than 5 metres (16.4 feet) from the Environmental Protection Zone; 4. the dwelling be located no closer than 14 metres (45.9 feet) from the slope that exceeds 33%, 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 RS.O. 1990, c.P. 13. .. ...Carried." Committee of Adjustment-January 12, 2006 Page 10 S. Other Business i. Adoption of minutes for the December 15, 2005 Meeting ~u J.\ Moved by Allan Johnson, Seconded by Dave Edwards "That the minutes for the December 15th 2005 Meeting be adopted as printed and circulated ...Carried." ii. Modify conditions of approval for 2005-A-50 (Harris) COMMITTEE OF ADJUSTMENT DECISION to MODIFY CONDITIONS OF APPROVAL WHEREAS Committee deems it necessary to clarify the conditions of the minor variance and finds the modifications to be minor and of a technical nature, and WHEREAS Committee deems the changes to the conditions to be minor and therefore no Notice of the change to conditions is required; NOW THEREFORE BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Dave Edwards "That the conditions to Minor Variance 2005-A-50 be modified by adding a condition (6): 6. That the deck be no closer than 6.7 metres (22 feet) for the north west corner of the deck from the front lot line. ...Carried." 6. Adjournment Moved by Michelle Lynch, Seconded by Dave Edwards "We do now adjourn at 11 :50 a.m." ... Carried." (NOTE: A digital copy of this meeting is available for review.) 4~ /LL Chairperson, Lynda Aiken k~ Secretary-Treasurer, Andy Karaiskakis, ACST(A) Committee of Adjustment-January 12, 2006 Page 11