03 16 2006 C of A Minutes
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2 2 2006
. COUNCILD
C. OF W.
Committee of Adiustment Minutes
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Thursdav March 16. 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
Correspondence to be addressed at the time of the specific hearing.
2. Disclosure of Pecuniary Interest
None declared
3. HearinQs:
9:30
Milton James Cook
Cone. 10, South Part Lot 5 (Medonte)
3938 Line 10 North
2006-B-04
In Attendance: Milton Cook, applicant
Motion No. CA060316-1
BE IT RESOLVED that:
Moved by Dave Edwards, seconded by Allan Johnson
"That the Committee hereby Grant Provisional Consent regarding Application
2006-8-04 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 3894 Line 10 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;
Committee of AdjustmentMMarch 16, 2006
Page 1
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5. That no future driveway be allowed on the lands subject to the lot addition;
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 AdjustmentMMarch 16, 2006
Page 2
9:40
Estate of Norman A. Campbell
ConcA, East Part Lot 20 (Oro)
184 Line 4 North
2006-B-05
In Attendance: Morely Campbell, acting on behalf of applicant
Secretary-Treasurer read letter from Joel Angel, Ministry of Transportation,
dated March 8,2006 verbatim to the Committee members and those
present in the audience.
Motion No. CA060316-2
BE IT RESOLVED that:
Moved by Michelle Lynch, seconded by Allan Johnson
"That the Committee hereby Grant Provisional Consent regarding Application
2006-8-05 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 2037 Highway 11 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 rezoning on the subject lands to
accurately reflect the land use;
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 AdjustmentMMarch 16, 2006
Page 3
9:50
Dallas & Alberta Slessor
Cone. 4, East Part Lot 9 (Oro)
2104 Line 4 North
2006-B-06
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In Attendance: Dallas & Alberta Slessor, applicants
Motion No. CA060316-3
BE IT RESOLVED that:
Moved by Allan Johnson, seconded by Dave Edwards
"That the Committee hereby Grant Provisional Consent regarding Application
2006-B-06 subject to the following conditions:
1. That three copies of a Reference Plan of the new lot, including the 1
square foot land noted in Condition 3, 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 Township receives a 1 square foot conveyance of land, free and
clear of all and any encumbrances, from the property being enlarged at
Concession 4, East Part Lot 9, former Township of Ora. The applicant
shall pay all costs related to this condition, including any costs for
surveying and!or any costs related to the preparation and! or registration
of any required municipal by-law related to the said conveyance;
4. That the retained agricultural lands be merged in title with the residential
lot created in 1987 (Part 1, RP 51R-16648) 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 applicant's solicitor provide the Secretary-Treasurer with an
undertaking that the retained lands and the previously created residential
lot (Part 1, RP 51 R-16648) will merge in title; and,
6. That the conditions of consent imposed by the Committee be fulfilled
within one year from the date of the giving of this notice as noted below.
.. ...Carried."
Committee of Adjustment-March 16, 2006
Page 4
10:00
Marcelo Pena
Cone. 1, Plan 780, Lot 41 (Orillia)
83 Eight Mile Point
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2006-A-02
In Attendance: Marcelo Pena, applicant
Motion No. CA060316-4
BE IT RESOLVED that:
Moved by Dave Edwards, seconded by Michelle Lynch
''That the Committee hereby Approve Minor Variance Application 2006-A-02
subject to the following conditions:
1. That the height of the detached garage not exceed 5.6 metres (18.4 feet);
2. That an Ontario Land Surveyor provide verification to the Township of
compliance with the Committee's decision by verifying in writing that the
garage be no higher than 5.6 metres (18.4 feet);
3. That the detached garage not be used for human habitation and comply
with all other provisions contained in Zoning By-law 97-95; and,
4. That the setbacks be in conformity with the dimensions as set out in the
application and on the sketches submitted dated February, 2006 and
approved by the Committee.
.....Carried."
Committee of Adjustment-March 16, 2006
Page 5
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10:10 Sondra Passfield 2006-A-03
Plan 461, Part Block A, Part Block B, RP 51 R-23354 Parts 3, 4
79 Healey Beach Road (Orillia)
In Attendance: Sondra & Stanley Passfield, applicants
Motion No. CA060316-5
BE IT RESOLVED that:
Moved by Allan Johnson, seconded by Dave Edwards
"That the Committee hereby Approve Minor Variance Application 2006-A-03 as
revised for a 101 m2 (1,088 ft2) detached workshop/garage to a residential use
subject to the following conditions:
1. That the size of the proposed detached workshop/garage be no larger
than 101 m2 (1,088 ft2);
2. That the applicant verify that the sewage system meets the minimum
required setbacks as per Part 8 of the Ontario Building Code to the
satisfaction of the Building Department;
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;
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;
5. That all municipal taxes be paid to the Township of Oro-Medonte;
6. That the applicant apply for and obtain approval for the combined
application for Site Plan Control/Removal of the Holding Provision, as
Healey Beach Road is an unassumed or private road; and,
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.
.....Carried."
Committee of AdjustmentMMarch 16. 2006
Page 6
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10:20
Glenn & Darlene Avery
Plan 940, Part Lot 16 (Orillia)
201 Moon Point Drive
2006-A-04
In Attendance: Glenn & Darlene Avery, applicants
Secretary-Treasurer read letter from Jackie Burkart, Environmental
Planner, Lake Simcoe Region Conservation Authority, dated March 11,
2006 verbatim to the Committee members and those present in the
audience.
Motion No. CA060316-6
BE IT RESOLVED that:
Moved by Dave Edwards, seconded by Michelle Lynch
"That the Committee hereby Approve Minor Variance Application 2006-A-04
subject to the following conditions:
1. The proposed attached porch shall be setback no closer than 13 metres
(44 feet) from the average high water mark of Lake Simcoe;
2. The proposed dwelling shall be setback no closer than 16 metres (52 feet)
from the average high water mark of Lake Simcoe;
3. Any stairs accessing the proposed porch are permitted to encroach no
more than 1 metre (3.2 feet) into the setback area of Lake Simcoe;
4. That the setbacks be in conformity with the dimensions as set out in the
application, as submitted;
5. That the applicants verify that the sewage system meets the minimum
required setbacks as per Part 8 of the Ontario Building Code, to the
satisfaction of the Building Department;
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 that, and,
7. 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-March 16, 2006
Page 7
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10:30
Isaac Benitah
Plan 808, Lot B (Oro)
38 Juniper Lane
2006-B-07
In Attendance: Dale Eplett, surveyor, agent representing applicant
Motion No. CA060316-7
BE IT RESOLVED that:
Moved by Allan Johnson, seconded by Dave Edwards
"That the Committee hereby Grant Provisional Consent regarding Application
2006-B-07 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 Plan 808 Lots W7 & W8 &
Lots U K L & Block Y Part Block Z, RP 51 R-26405 Parts 1, 2 & 3, shown
as Part 3 on the applicants sketch, 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-March 16,2006
Page 8
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10:40
Gail Raikes
Cone. 1, East Part Lot 1 (Oro)
9 Trafalgar Road
2005-B-54
In Attendance: Peter & Anita Raikes, representing applicant
Secretary-Treasurer read letter from Jackie Burkart, Environmental
Planner, Lake Simcoe Region Conservation Authority, dated March 9, 2006
verbatim to the Committee members and those present in the audience.
Motion No. CA060316-8
BE IT RESOLVED that:
Moved by Michelle Lynch, seconded by Allan Johnson
"That the Committee hereby Grant Provisional Consent for application 2005-B-
54 for the creation of a new 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 the parcel severed, for review by the Municipality;
3. That the applicant pay $ 2,000.00 for the lot created as cash-in-lieu of a
parkland contribution;
4. That the applicant pay a Development Charges Fee in the amount of
$4,055.78 (By-law 2004-082) to the Township;
5. That the applicant apply for and obtain a rezoning on the subject lands to
reflect reduced lot frontage for both the severed and retained lots and the
location of the proposed dwelling and accessory structures from slopes
exceeding 3:1;
6. That final comments supporting the proposed dwelling and accessory
structures be received from the Township Engineer; 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 of decision.
.. ...Carried."
Committee of Adjustment-March 16. 2006
Page 9
5. Other Business
i. Adoption of minutes for the February 16, 2006 Meeting
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Motion No. CA060316-9
Moved by Allan Johnson, Seconded by Dave Edwards
'That the minutes for the February 16th 2006 Meeting be adopted as
printed and circulated
.. .Carried."
6. Adjournment
Motion No. CA060316.10
Moved by Dave Edwards, Seconded by Allan Johnson
"We do now adjoum at 11 :25 a.m."
... Carried."
(NOTE: A digital copy of this meeting is available for review.)
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. A_ /l/of .~
Chairperson,
Lynda Aiken
~owmw
Secrll aiy-Treasurer,
Andy Karaiskakis, ACST(A)
Committee of Adjustment*March 16, 2006
Page 10