06 15 2006 C of A Agenda
Committee of Adiustment Aqenda
Thursdav June 15, 2006, 9:30 a.m.
1. Communications and Correspondence
2. Disclosure of Pecuniary Interest
3. Hearings:
9!30
2006-B-10
Indian Park Association
Plan M368, Block 103 (Ora)
.
9:40
2006-B-11
Doug Shelswell, Wayne Shelswell
Cone. 14, West Part Lot 18 (Ora)
191 Line 13 South
9:50
2006-B-12
Horseshoe Valley Lands Ltd.
Cone. 4, Part Lots 3 & 4, RP 51 R-
30671 Parts 9-11 18 19
22 Part 8 (Oro)
10:00
2006-B-13
Susan Roubos
Plan 1230, Lot 7 (Ora)
1644 Ridge Road East
10:10
2006-A-15
Carol & Jeremy Kurtin
Cone. 6, Part Lot 21, RP 51 R-17288
Part 1 (Ora)
172 Line 6 South
10:20
2006-A-16
Jeff Johnston
Cone. 11, East Part Lot 4 (Oro)
2666 Line 11 North
10:30
2006-A-13
Marion Tilstra
Plan M30, Lot 15, RP 51R-33067,
Part 19 (Oro)
19 Seneca Lane
4. Decisions
.,
5. Other business
-Adoption of minutes for May 11, 2006 Meeting
.
6. Adjournment
,
Township of Oro-Medonte
Committee of Adjustment
Planning Report for
June 15, 2006
Indian Park Association
2006-B-10
Plan M368, Block 103 (Oro)
THE PROPOSAL
.
The purpose of application 2006-B-10 is to permit a lot addition/boundary adjustment from
Indian Park Association to 9 Sugarbush Road. The land to be severed and conveyed to 9
Sugarbush Road is proposed to have a lot frontage of approximately 13 metres (42.6 feet), a
lot depth of approximately 53 metres (173 feet), and a lot area of approximately 686.5 m'
(7,390 ft'). The land to be retained by Indian Park Association, Plan M368, Block 103, would
have a lot area of approximately 2.5 hectares (6.27 acres). No new building lots are
proposed to be created as a result of the lot addition.
MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS
Official Plan Designation - Sugarbush Settlement Node - Residential
Zoning By-law 97-95 - Block 103 - Open Space Exception (OS'74) Zone
9 Sugarbush Road - Residential One (R1) Zone
Previous Applications -
AGENCY COMMENTS (space is provided for the Committee to make notes)
Simcoe County-
Public Works Department-
Building Department-
Engineering Department- No Concerns
PLANNING DEPARTMENT
BACKGROUND
The applicant is proposing a boundary adjustment to convey and add approximately 686.5
m' (7,390 ft') to a neighbouring residential lot that contains a dwelling on the property
located on 9 Sugarbush Road. The purpose of the adjustment is to include mature trees and
green space to be associated with the residential lot on 9 Sugarbush Road. The land to be
retained by Indian Park Association would have an area of approximately 6.27 acres, which
is currently vacant.
..
OFFICIAL PLAN
The subject lands are designated Residential within the Sugarbush Residential Node. The
policies applicable to Sugarbush are silent with respect to severances and new development.
OPA #17 which was a general Amendment to the Official Plan was adopted by Council in
August 2003 and approved by the County of Simcoe on November 10, 2004 and
subsequently has been appealed. OPA #17 proposes the following new section for the
Committee's reference:
"Boundary Adjustments
A consent may be permitted for the purpose of modifying lot boundaries, provided no new
building lot is created. In reviewing an application for such a boundary adjustment, the
Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the
viability of the use of the properties affected as intended by this Plan. In addition, the
Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the
viability of the agricultural parcels affected."
While it is recognized that OPA#17 is not in effect, it does function as a statement of Council
policy.
ZONING BY-LAW
The subject lands are zoned Open Space Exception (OS*74) in Zoning By-law 97-95. This
zone permits a wide range of passive and active recreational uses and does not require a
minimum lot area or frontage. Exception 74 states 'notwithstanding any other provision in this
By-law, buildings or structures, except for those required for flood or erosion control, are not
permitted on the lands denoted by the symbol *74 on the schedules to this By-law'.
ANALYSIS
Given the limited policy basis available to consider this application, the following two
questions provide a good basis to assess the proposed consent:
Will the proposed severance compromise the ability of the severed parcel to be used for
Open Space purposes?
No. As noted in the Zoning By-law assessment, exception 74 does not permit the
construction of buildings or structures on the parcel to be conveyed to 9 Sugarbush Road. It
should be noted that the applicants intend to use these lands for personal recreational uses,
Le. lands for their kids to play on.
Can a new residential lot be created from this land conveyance?
No. It is a requirement for new residential lots that are created to have a minimum lot
frontage of 30 metres and a minimum lot area of 0.49 acres. The parcel of land to be
conveyed to 9 Sugarbush Road will have a lot frontage of approximately 13 metres and a lot
area of 0.17 acres.
RECOMMENDATION
It is recommended that the Committee grant Provisional Consent regarding Application
2006-B-10 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 9 Sugarbush Road, 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;
I
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.
AU o~ ~"bm;"d
fOle A dy Karais akis HBA, ACST(A)
Planner
Reviewed by,
Glenn White MCIP, RPP
Senior Planner
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
PO Box 100, Ora, ON LOL 2XO, (705)-487-2171
NOTICE OF HEARING
IN THE MATTER OF Section 53 of the Planning Act, R.S.O. 1990 c. P. 13
- and-
IN THE MATTER of an application for consent, Submission No. 2006-B-I0
AN APPLICATION BY
Indian Park Association
LOCATION OF PROPERTY
Plan M368, Block 103 (Former Township of Oro)
PURPOSE OF APPLICATION:
The purpose of application 2006-B-I0 is to permit a lot additionlboundary adjustment from Indian Park
Association to 9 Sugarbush Road. The land to be severed and conveyed to 9 Sugarbush Road is proposed
to have a lot frontage of approximately 13 metres (42.6 feet), a lot depth of approximately 53 metres (173
feet), and a lot area of approximately 686.5 m' (7,390 ft'). The land to be retained by Indian Park
Association, Plan M368, Block 103, would have a lot area of approximately 2.5 hectares (6.27 acres). No
new building lots are proposed to be created as a result of the lot addition.
THE COMMITTEE OF ADJUSTMENT HEREBY APPOINTS Thursday the 15th day of June
2006, at the hour of 9:30 a.m. in the Oro-Medonte Township Municipal Building in the Council
Chambers, for the hearing of all persons who desire to be heard in support of or in opposition to the
application.
You are entitled to attend this public hearing in person to express your views about this application or you
may be represented by counsel for that purpose. If you are aware of any person interested in or affected
by this application who has not received a copy of this notice you are requested to inform that person of
this hearing. If you wish to make written comments on this application they may be forwarded to the
Secretary of the Committee at the address shown above.
FAILURE TO ATTEND HEARING - If you do not attend the hearing it may proceed in your absence
and, except as otherwise provided in the Planning Act, you will not be entitled to any further notice in the
proceedings. The applicant(s) must attend this hearing or be represented by an authorized agent.
NonCE OF DECISION - A copy of the decision of the Committee will be sent to the applicant and to
each person who appeared in person or by counsel at the hearing and who has filed with the Secretary a
written request for notice of the decision.
Dated at the Township ofOro-Medonte this 31" day of May 2006.
Andy Karaiskakis,
Secretary- Treasurer
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9 SUGARBUSH RD
131:1
D IPA LANDS- PLAN M368, BLOCK 103
1m LANDS TO BE ADDED TO 9 SUGARBUSH RD
100 0 100 Meters
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Township of Oro-Medonte
Committee of Adjustment
Planning Report for
June 15, 2006
Doug & Wayne She/swell
2006-8-11
Concession 14, West Part Lot 18 (Former Township of Ora) 191 Line 13 South
THE PROPOSAL
The applicants are proposing to create a new residential lot as a surplus to a farming operation.
The lot to be severed is proposed to have a lot frontage along Line 13 of approximately 121.9
metres (400 feet), a depth of approximately 164 metres (540 feet) and having a lot area of
approximately 2 hectares (4.96 acres) and currently contains a dwelling and a detached garage.
The land to be retained is proposed to have a lot area of approximately 38.4 hectares (95 acres)
and is currently being used for agricultural production.
MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS
Official Plan Designation - Agricultural, Environmental Protection Two Overlay
Zoning By-law 97 -95 -Agricultural/Rural (A1RU) Zone
Previous Applications - none
AGENCY COMMENTS (space is provided for the Committee to make notes)
Simcoe County -
Public Works Department -
Building Department-
Engineering Department-
Ontario Ministry of Agriculture and Food -
PLANNING FRAMEWORK
ANALYSIS
The applicants are proposing a farm consolidation in lands designated Agricultural in the
Township Official Plan. This application proposes to create a residential lot in an agricultural
area, as such, comments have been requested from the Ontario Ministry of Agriculture and Food
(OMAF). At the time of writing this report, OMAF comments have not yet been received by the
Township.
RECOMMENDATIONS
It is recommended that the Committee defer Severance 2006-B-11 to allow time for the Ontario
Ministry of Agriculture and Food to comment on this application.
All of which is respectfully submitted,
// ..-,
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Adrian Cammaert, SA, CPT
Planning Technician
Reviewed by,
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Glenn White, RPP, MCIP
Senior Planner
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Township of Oro-Medonte
Committee of Adjustment
Planning Report for
June 15, 2006
Horseshoe Valley Lands Limited
2006-8-12
Concession 4, Part Lots 3 & 4, Parts 6,7,8, 10, 11, 18, 19, and 22 all on Plan 51R-30671
(Former Tpwnship of Oro)
THE PROPOSAL
The purpose of application 2006-B-12 is to permit a technical severance to recreate the
subject lands which merged on title with the adjacent lands, also owned by Horseshoe Valley
Lands Limited. The lands proposed to be recreated include Parts 6, 7, 8,10,11,18,19 and
22 of Reference Plan 51R-30671. The subject lands merged on title with the adjacent lands
to the east on February 20, 2006 when Horseshoe Valley Lands Limited acquired title to the
lands.
MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS
Official Plan Designation - Horseshoe Valley Low Density Residential
Zoning By-law 97-95 - Residential One R1*140 Zone and Residential One R1*140 (H) Zone
AGENCY COMMENTS (space is provided for the Committee to make notes)
Simcoe County-
Public Works Department-
Building Department- The Township Building Dept has reviewed this application and note
that the proposal appears to meet the minimum standards
Engineering Department- No concerns
PLANNING DEPARTMENT
BACKGROUND
Horseshoe Valley Lands Limited (HVLL) originally owned the subject lands and the adjacent
lands (Parts 12,13,14,15,16 and 17 of Plan 51R-30671) as one large parcel. The subject
lands were transferred to Laurel View Homes (HV) Inc. Laurel View decided not to proceed
with the other phases of its residential development and transferred the subject lands back to
Horseshoe Valley Lands Ltd. Since Horseshoe Valley Lands Ltd. also owns adjacent lands
(Parts 12, 13, 14, 15, 16, and 17 of Plan 51R-30671) there was a technical merger with the
subject lands. If Laurel View had transferred the subject lands to any other entity other than
Horseshoe Valley Lands Ltd this technical issue would not have arisen.
OFFICIAL PLAN
Section E2.5.4 Horseshoe Valley Low Density Residential designation permits single
detached dwellings, home occupations, private recreational uses such as golf courses and
accessory uses. . OPA #17 which was a general Arnendment to the Official Plan was
adopted by Council in August 2003 and approved by the County of Simcoe on
November 10, 2004 and subsequently has been appealed. OPA #17 proposes the
following new section for the Committee's reference:
"H2.2.3 Technical Severances"
The creation of new lots to correct a situation where two or more lots have
merged on title may be permitted, provided the Committee of Adjustment is
satisfied that the lot:
a) was once a separate lot in accordance with the Planning Act;
b) the merging of the lots was unintentional and was not merged as a
requirement of a previous planning approval;
c) is of the same shape and size as the lot which once existed as a separate
conveyable lot;
d) can be adequately serviced by on-site sewage and water systems;
e) frants on and will be directly accessed by a public road that is maintained
year-round by a public authority;
f) there is no public interest served by maintaining the praperty as a single
conveyable parcel; and,
g) conforms with Section H2.2.1 of this Plan.
While it is recognized that OPA#17 is not in effect, it does function as a statement of
Council policy. This technical severance general conforms with the above noted policies
and other policies will be address when the lands are developed by way of a plan of
subdivision. This application is recreating a parcel of land which existed before and was
not intended to be merged with the adjacent lands. The consent will not change the land
use as perrnitted by the Official Plan.
ZONING BY-LAW
The subject property is currently zoned Residential One R1*140 Zone and Residential One
R1*140 (H) Zone. The zoning of the subject reflects the policies of the Official Plan. The
subject lands are already zoned and will be developed in the future by way of a plan of
subdivision application. This consent application will not affect the zoning presently in place.
CONCLUSION
The application conforms to the policies of the Official Plan. The consent is for a technical
severance to recreate lands which were formally separate. The lands are still intended to be
used for residential purposes and the existing zoning will still apply to the lands.
RECOMMENDATION
It is recommended that the Committee grant Provisional Consent regarding Application
2006-B-12 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 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.
All of which is respectfully submitted,
,
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Glenn White MCIP, RPP
Senior Planner
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Township of Oro-Medonte
Committee of Adjustment
Planning Report for
June 15, 2006
Susan Roubos
2006-B-13
1644 Ridge Road East, Plan 1230, Lot 7 (Oro)
THE PROPOSAL
The purpose of application 2006-B-13 is to permit a lot additionlboundary adjustment.
The land to be severed and conveyed fram 1644 Ridge Road East to the adjacent
vacant parcel of land, Lot 6, Plan 1230, is proposed to have a lot width of approximately
30.7 metres (101 feet), a varying lot depth of approximately 49 metres (160 feet) to 63
metres (206 feet), and a lot area of approximately 0.15 hectares (0.37 acres). The land
to be retained, 1644 Ridge Road East which currently contains an existing dwelling,
would have a lot frontage of appraximately 30.7 rnetres (101 feet) and an area of
approximately 0.17 hectares (0.42 acres). No new building lots are proposed to be
created as a result of the lot addition.
MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS
Official Plan Designation - Hawkestone Residential
Zoning By-law 97-95 - Residential One (R1) Zone
Previous Applications - None
AGENCY COMMENTS (space is provided for the Committee to make notes)
Simcoe County-
Public Works Department-
Building Department-
Engineering Department- No Concerns
PLANNING DEPARTMENT
BACKGROUND
The applicant is proposing a boundary adjustment to convey and add approximately
0.15 hectares (0.37 acres) to the adjacent vacant residential lot located to the west of
1644 Ridge Road East, legally described as Lot 6 Plan 1230. The purpose of the
adjustment is to include mature trees to be associated with the vacant lot and to create a
larger residential lot. The land to be retained, 1644 Ridge Road East, would have an
area of approximately 0.42 acres, which currently contains a dwelling.
OFFICIAL PLAN
The subject lands are designated Hawkestone Residential in the Oro-Medonte Official
Plan. It is the intent of the Official Plan that Hawkestone develop in a manner that is
consistent with the developrnent pattern of a traditional small-town in Ontario. The
policies applicable to Hawkestone are silent with respect to boundary adjustments. OPA
#17 which was a general Amendment to the Official Plan was adopted by Council in
August 2003 and approved by the County of Simcoe on November 10, 2004 and
subsequently has been appealed. OPA #17 proposes the following new section for the
Committee's reference:
"Boundary Adjustments
A consent may be perrnitted for the purpose of modifying lot boundaries, provided no
new building lot is created. In reviewing an application for such a boundary adjustment,
the Committee of Adjustment shall be satisfied that the boundary adjustment will not
affect the viability of the use of the properties affected as intended by this Plan. In
addition, the Committee of Adjustment shall be satisfied that the boundary adjustment
will not affect the viability of the agricultural parcels affected."
While it is recognized that OPA#17 is not in effect, it does function as a statement of
Council policy.
ZONING BY-LAW
The retained lands, the lands to be enlarged and the parcel of land to be conveyed to
Lot 6, Plan 1230 are currently zoned Residential One (R1) in the Township's Zoning By-
law 97-95, as amended. It is noted that in order to satisfy the minimum lot area
slandard for the R1 Zone, the retained parcel would have to be reconfigured to increase
its total lot area fram 0.17 ha (0.42 ac) to 0.2 ha (0.49 ac). With this revision, the
application would generally conform with the policies of the Zoning By-law.
CONCLUSION
The proposed consent application is for a lot addition that does not appear to offend the
principles of the Official Plan and the retained lands and the lands to be enhanced would
comply with the requirements in the R1 Zone.
RECOMMENDATION
It is recommended that the Committee grant Provisional Consent regarding Application
2006-B-13 subject to the following conditions:
1. That the retained parcel's total lot area be increased from 0.17 ha (0.42 ac) to 0.2
ha (0.49 ac) in order to satisfy the rninirnum lot area standard for the Residential
One (R1) Zone, as stated in the Township Zoning By-law, as amended;
2. 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;
3. That the applicant's solicitor prepare and submit a copy of the praposed
conveyance for the parcel severed, for review by the Municipality;
4. That the severed lands be merged in title with Lot 7 Plan 1230 and that the
P!o\tisions 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 Ora-Medonte; and,
7. That the conditions of consent imposed by the Comrnittee be fulfilled within one
year from the date of the giving of the notice.
roe;
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Andy Karaiskakis HBA, ACST(A)
Planner
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Glenn White MCIP, RPP
Senior Planner
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Township of Oro-Medonte
Committee of Adjustment
Planning Report for
June 15, 2006
Carol & Jeremy Kurtin
2006-A-15
172 Line 6 South, Cone. 6, Part Lot 21, RP 51R-17288 Part 1 (Oro)
THE PROPOSAL
The applicants are proposing to construct a 133 m' (1 ,440 ft2) detached storage building to be
attached to the existing 53.5 m' (576 tt') detached garage. The resulting floor area for the
combined buildings will be 186.5 m' (2,016 ft'). The applicants are therefore requesting relief of the
following provision from Zoning By-law 97-95:
i. Section 5.1.6 Maximum floor area for detached accessory buildings of 70 m' (753 ft') to
186.5 m' (2,016 ff) for the construction of the detached storage building to be attached to
the existing detached garage. The proposed detached building will store 2 boats, trailers
and various outdoor equipment.
MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS
Official Plan Designation - Agricultural
Zoning By-law 97 -95 - Rural Residential Two (RUR2) Zone
Previous Applications - None
AGENCY COMMENTS (space is provided for the Committee to make notes)
Public Works -
Building Department-
Engineering Department - No Concerns
PLANNING FRAMEWORK
Background
The subject property has a road frontage of approximately 60 metres (198 feet), a lot depth of
approximately 167 metres (550 feet) and a lot area of approximately 1 hectares (2.5 acres). The
lands currently have a 1 storey dwelling with an area of approximately 139 m' (1,500 ft'), a 9 m2
(100 It') wood shed and a 53 m' (576 ft ) detached garage.
It is the applicants' intent to construct a 133 m'(1,440 ff) detached storage building to be attached
to the existing detached garage to be located 6m (20 ft) from the interior side lot line. The
applicant requested the above noted relief for the increase in size for the detached garage to
accommodate room for storage of two boats, trailers and various outdoor equipment.
The Four Tests of the Minor Variance
Does the variance conform with the general intent of the Official Plan?
The property is designated Agricultural in the Official Plan. Section D2.1 of the Township's
Official Plan sets out the following objectives for the Agricultural designation.
To maintain and preserve the agricultural resource base of the Township.
To protect land suitable for agricultural production from development and land uses
unrelated to agriculture; and
To preserve and promote the agricultural character of the Township and the
maintenance of the open countryside.
The principle use of land in the Agricultural designation shall be agriculture. Other permitted uses
include single detached dwellings and other accessory uses.
The applicant's proposal does not appear to offend these principles given that the variance will
accommodate development of a detached accessory building accessory to the permitted
residential use and would not appear to have a negative impact on the agricultural character of
the area.
On this basis the proposal is considered to conform with the intent of the Official Plan.
Does the variance conform with the general intent of the Zoning By-law?
The subject property is zoned Rural Residential Two (RUR2). It is the applicants' intent to use
the proposed building for storage of 2 boats, trailers, outdoor machinery and personal workshop.
The intent of the Zoning By-law is to provide regulations which should foster compatibility
amongst land uses and structures. With respect to accessory buildings, zoning regulations
typically try to ensure that such buildings are clearly accessory and incidental to the primary use
of the lot. The primary reason for controlling maximum floor areas on accessory buildings in a
residential area is to ensure that structures are consistent with the character of a community and
do not evolve into other secondary or subsequent land uses, such as an apartment or industrial
uses.
With the proposed detached garage, the lot coverage of all detached accessory buildings will be
under the required maximum lot coverage of 5%, as the proposed garage will increase the lot
coverage to 1.9%.
Given these factors, the proposal is deemed to not conform with the general intent of the Zoning
By-law.
Is the variance appropriate for the desirable development of the lot?
The applicant's lot is a relatively large rural residential property and the proposed building
appears generally compatible within the agricultural neighbourhood. On this basis the proposal is
considered appropriate for the desirable development of the subject lot.
Is the variance minor?
On the basis that the size of the garage in contrast with the proposed dwelling appears to be
reasonable, is well buffered from the front and side lot lines and should not adversely affect the
character of the agricultural area, the proposed variance is considered to be minor.
CONCLUSIONS
The requested variance generally satisfies the 4 tests of a minor variance.
RECOMMENDATION
It is recommended that the Committee approve Minor Variance application 2006-A-15 subject to
the following conditions:
L
1. That the size of the proposed detached workshoplgarage be no larger than 133 m' (1,440
ft');
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 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,
4. That all municipal taxes be paid to the Township of Oro-Medonte;
~"Z::?t'd
Andy KaraisKa is, HBA, ACST(A)
Planner
For1..'
Reviewed by,
4~
Glenn White, MCIP, RPP
Senior Planner
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;URVEYOR'S REAL PROPERTY REPORT
'AfH I
LAN OF
'ART OF LOT 21,
:ONCESSION 6
OWNSHIP OF ORO
:OUNTY OF SIMCOE
iCALE: I inch:: 60 feel
\LAN J. WOROBEC a.L,S.
391,
BEARING REFERENCE
BEARING.:! ME A5TROHOloIIC ANO ME REFEAAEO TO
I'AilT OF nil:: ViOT lJMIT OF THE ROAD AU..OWANCE:
IlElWEE)l~ I> a 7. AS SHO.....N ONP'L.AN
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5m DENOTES STA-'IOAA.O IRON aN'!
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M...,. O~.'lOTEs MEASUAEO
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PI DENOTES ?LAN ~1Il_17288
19lU DENOTES JJt. BflAD!lURY OL5.
:9 C.I)I>YRlQfT BRADBURY 8 WOROOEC SURVE'I'1NG LTO.,1:.l9\
IURVEYOR'S CERTIFICATE
liEllEIH CERTlFY ntAT THE FEILD SURVEY RU'AESOITEO
)/1 TtlIS PLAN WAS COi.\F'LETEO O!f mE Z711> CAY OF
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;RADBURY 8 WOROBEC SURVEYING LTD
ONTARIO LAND SURVEYORS
129 DUNLPP STREET EAST, Tel. (105) 721-0622
8ARRIE, ONTARIO L4M lAG Fax. 170S} 722-3904
>0 PROJECT 91-122
~on:~nll$IlEl'O'lT CAn Elf.: lif'OATttlIl1 ThI$ OF1'lcr. HOW(VOl: ff(J
100m ,~\" CIOM1F1W PRINTS o. n..$ OIllClNAL ilUOilT WILt. OE
SW<<:'. '\tSSOr,'(uT TO THI:: D"T'I: 01" COrr.FICATIt'>'l.
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PART 2
THIS PLAN MUST BE READ IN
CONJUNCTION WITH SURVEY REPORT
!JATED SEPT. 3, 1991
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AND THE UNDERSIGNED ACCEPTS NO
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Chestnut Equestrian Centre
118 Line 6 South, R.R.#1
Oro Station, ON
May 28, 2006
Committee of Adjustments
Township of Oro-Medonte
To Whom It May Concern:
SUBJECT: LETTER OF SUPPORT FOR JEREMY AND CAROL KURTIN
This letter is written by Muriel and Brad Chestnut, of Lot 21 East Oro-Medonte
Township, to express our support for the placing of a storage building on the property of
Carol and Jeremy Kurtin, on Line 6 South of Oro-Medonte Township. We fully feel that
this will be a positive addition to our neighborhood, and will allow for the proper storage of
the Kurtin's belongings.
Thank you for your consideration, and we wish the Kurtin's all the best in their efforts to
beautify and upgrade their property.
Sincerely,
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Bradley K. Chestnut
~JCk;:J
Muriel Chestnut
May 29/06
To The Township Of Oro Medonte
I do not ol:lject to my neighbour; Jeremy Kurtin, 172 6th Line S, erecting a targe storage shed.
,
Township of Oro-Medonte
Committee of Adjustment
Planning Report for
June 15, 2006
Jeff Johnston
2006-A-16
2666 Line 11 North, Cone. 11, East Part Lot 4, (Oro)
THE PROPOSAL
The applicant is proposing to construct a detached garage with an area of 130.8 m' (1,408 It')
which is to replace the existing detached garage. The applicant is requesting the following relief
from Zoning By-law 97-95:
1. Section 5.1.4 Maximum HeiQht for the detached garage from the required 4.5 metres (14.7
feet) to a proposed 6.7 metres (22 feet).
MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS
Official Plan Designation - Agricultural, Environmental Protection Two Overlay
Zoning By-law 97-95 - AgriculturallRural (NRU) Zone
Previous Applications - None
AGENCY COMMENTS (space is provided for the Committee to make notes)
Public Works Department-
Building Department -
Engineering Department - No Concerns
PLANNING FRAMEWORK
Background
The subject property has a lot frontage of approximately 615 metres (2017.7 feet) and a lot area
of approximately 40.47 hectares (100 acres) and is presently occupied by a single detached
dwelling and two accessory buildings (one barn and one detached garage). The applicant is
proposing to demolish the existing detached garage and replace it with a new, enlarged detached
garage. The minor variance is required because the proposed detached garage is 6.7 metres (22
feet) in height, thereby exceeding the 4.5 metres (14.7 feet) height limit.
The Four Tests of the Minor Variance
Does the variance conform with the general intent of the Official Plan?
The property is designated Agricultural in the Official Plan. Section 02.1 of the Township's
Official Plan sets out the following objectives for the Agricultural designation.
To maintain and preserve the agricultural resource base of the Township.
To protect land suitable for agricultural production from development and land uses
unrelated to agriculture: and
To preserve and promote the agricultural character of the Township and the
maintenance of the open countryside.
The principle use of land in the Agricultural designation shall be agriculture. Other permitted uses
include single detached dwellings and other accessory uses.
The applicant's proposal does not appear to offend these principles given that the variance will
accommodate development of a detached accessory building accessory to the permitted
residential use and would not appear to have a negative impact on the agricultural character of
the area.
On this basis the proposal is considered to conform with the intent of the Official Plan.
Does the variance conform with the general intent of the Zoning By-law?
The subject property is zoned Agricultural/Rural (AlRU). The Zoning By-law does not place a
height restriction on agricultural buildings and barns located in areas zoned AlRU. However, the
AlRU Zone restricts all non-agricultura/ accessory buildings to a maximum height of 4.5 metres
(14.7 feet). Staffs opinion is that the proposed detached garage is non-agricultural in nature, and
therefore, the aforementioned height restriction must be satisfied.
It should be noted that as per Section 5.1.1 of the Zoning By-law, human habitation in an accessory
building is not permitted. The applicants are aware of this restriction, and therefore, this application
proposes no human habitation in the detached garage.
The proposed detached garage should not adversely impact the agricultural character of the
surrounding area as the garage will be located behind the existing single family dwelling and set-
back approximately 400 metres (1312 feet) from the front and side lot lines. Therefore the
proposal is considered to conform with the general intent of the By-law
Is the variance appropriate for the desirable development of the lot?
The nature of development proposed appears modest and will not lead to the over development
of the lot. The proposed variance would provide for a form of development that is suitable and
consistent with the surrounding area by permitting a detached accessory building associated with
a residential use. On this basis, the proposed accessory building would appear to be consistent
with a residential use and would be considered appropriate for the desirable development of the
lot.
Is the variance minor?
On the basis that the proposal would not adversely affect the character of the surrounding
agricultural area, the proposed variance is considered to be minor in nature.
CONCLUSIONS
The proposed variance generally satisfies the 4 tests of a minor variance as reviewed above.
RECOMMENDATION
It is recommended that the Committee approve Minor Variance Application 2006-A-16 subject to
the following conditions:
1. That the height of the detached garage not exceed 6.7 metres (22 feet):
2
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 6.7 metres
(22 feet); 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.
All of which is respectfully submitted,
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Planning Technician
Reviewed by,
Glenn White, RPP, MCIP
Senior Planner
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Township of Oro-Medonte
Committee of Adjustment
Planning Report for
June 15, 2006
Marion Tilstra
2006-A-13 (Rev)
19 Seneca Lane, Plan M30, Lot 15, RP 51R-33067, Part 19 (Oro)
THE PROPOSAL
The applicant is proposing to construct an addition to the existing dwelling, an attached
garage and erect a detached storage shedlworkshop behind the existing dwelling, as shown
on the attached sketch. The applicant is requesting relief of the following provisions from
Zoning By-law 97-95:
i. Setback from the minimum required side vard of required 4.5 metres (14.7 feet) to a
proposed 2.7 metres (9 feet)
ii. Section 5.32 Setback from Slopes of required 23 metres (75 feet) to a proposed 2.4
metres (8 feet)
MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS
Official Plan Designation - Sugarbush Special policy Area - Residential
Zoning By-law 97-95 - Residential One Exception 113 (R1*113)
AGENCY COMMENTS (space is provided for the Committee to make notes)
Municipal Works/Roads -
Building Department -
Engineering Department - Concerns regarding locating the proposed development within
close proximity to a slope over 33%. Slope stability study required.
PLANNING FRAMEWORK
Background
On May 11, 2006, minor variance application 2006-A-13 was deferred to allow time for
comments to be received from the Township Engineer and identify the proposed new
location of the storage shed/workshop. Since that time, it has been determined by the
Township Engineer that a slope stability study is required to determine the feasibility of
locating the proposed development within close proximity to a slope over 33%. At the time of
writing this report, the slope stability study has not been received by the township and the
location for the detached storage shedlworkshop has not been clarified.
RECOMMENDATIONS
It is recommended that Committee defer Minor Variance Application 2006-A-13 (Rev) to
allow the applicant time to provide the Township with the required slope stability study and
determine the location of the detached storage shed/workshop.
All of which is respectfully submitted,
,/~/ /7 . /~/;:)
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Adrian Cammaert, BA, CPT
Planning Technician
Reviewed by,
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Glenn White, RPP, MCIP
Senior Planner
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MOllON# (\:)\l 0') 11
MAY 1 7 2006
MEETING: COUNCIL
C.OFWD
In Attendance: Chairperson Lynda Aiken, Mernber Garry Potter, Mernber Allan
Johnson, Mernber Dave Edwards Mernber Michelle Lynch, Secretary-Treasurer
Andy Karaiskakis and Planning Technician Adrian Camrnaert
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Committee of Adiustment Minutes
Thursdav Mav 11, 2006, 9:30 a.m.
1. Gommunications and Correspondence
Correspondence to be addressed at the tirne of the specific hearing.
2. Disclosure of Pecuniary Interest
None declared
3. HearinQs:
9:30
Lorie Emmons
Plan 629, Lot 12 (Oro)
23 Nelson Street
2006-A-08
In Attendance: Rod Young, architect, Andrew Jenrie, solicitor representing
applicant, Lorie Emmons, owner
Secretary-Treasurer read letter from Tim Salkeld, Resource Planner,
Nottawasaga Valley Conservation Authority, dated May 4, 2006 verbatim to
the Committee members and those present in the audience.
Motion No. CA060511-1
BE IT RESOLVED that:
Moved by Michelle Lynch, seconded by Dave Edwards
"That the Cornmittee hereby Apprave Minor Variance Application 2006-A-08 to
recognize an existing built deck subject to the following conditions:
1. Any stairs accessing the proposed deck are perrnitted to encroach no
rnore than 1 metre (3.2 feet) into the setback area of Bass Lake;
2. That the setbacks be in conforrnity with the dirnensions as set out in the
application and on the sketches subrnitted with the application; and;
3. That an Ontario Land Surveyor provide cornpliance with condition #2.
.....Carried."
Committee of AdjustmentwMay 11, 2006
Page 1
\')c -;;2
9:40
Steven Campbell
Plan 1464, Lot 71 (Oro)
16 Mazepa Place
2006-A.09
In Attendance: Steven & Joanne Campbell, owners
Motion No. CA060511-2
BE IT RESOLVED that:
Moved by Garry Potter. seconded by Michelle Lynch
"That the Comrnittee hereby Approve Minor Variance Application 2006-A-09
subject to the following conditions:
1. That the size and setbacks of the praposed garage be in conforrnity with
the sketches subrnitted with the application and appraved by the
Corn m ittee;
2. That the applicants apply for and obtain appraval for the cornbined
application for Site Plan Control/Rernoval of the Holding Provision;
3. That the appropriate building permit be obtained frorn the Township's Chief
Building Official only after the Cornrnittee's decision becornes final and
binding, as provided for within the Planning Act R.S.O, 1990, c.P, 13;
4. That the proposed garage be no larger than 69.68 m2 (750 ft2);
5. That the applicants contact the Township Building Departrnent to satisfy
the cornrnents rnade for the proposal; and
6. That all other outbuildings be rernoved upon completion of the garage.
.. ...Carried."
Committee of Adjustment.May 11, 2006
Page 2
\')c -')
9:50
Andre Hubel
Plan M112, Lot 5 (Medonte)
57 Amantacha Court
2006-A-11
In Attendance: Andre Hubel, owner
Secretary-Treasurer read letter from Tim Salkeld, Resource Planner,
Nottawasaga Valley Conservation Authority, dated May 2, 2006 verbatim to
the Committee members and those present in the audience.
Motion No. CA060511-3
BE IT RESOLVED that:
Moved by Allan Johnson, seconded by Dave Edwards
"That the CornrniUee hereby Approve Minor Variance Application 2006-A-11
subject to the following conditions:
1. That the size and setbacks of the praposed addition be in conforrnity with
the sketches subrnitted with the application and approved by the
Committee;
2. That the applicant obtain a perrnit (or approval) frarn the Nottawasaga
Valley Conservation Authority under the Conservation Authorities Act;
3. That the applicant contact the Township Building Departrnent to satisfy
cornrnents rnade regarding the praposal;
4. That the proposed addition be no larger than 20 m2 (216 fe) as shown on
the sketches subrniUed with the application dated February 20, 2006; and,
5. That the appropriate building perrnit be obtained frarn the Township's Chief
Building Official only after the CornrniUee's decision becornes final and
binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13.
.. ...Carried."
Committee of Adjuslment~May 11, 2006
Page 3
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10:00
Dino & Carla Astri 2006-A-12
Cone. 5, South Part Lot 16, RP 51R-8920, Part 1 (Medonte)
646 Moonstone Road West
In Attendance: Dino & Carla Astri, owners
Secretary-Treasurer read letter from Tim Salkeld, Resource Planner,
Nottawasaga Valley Conservation Authority, dated May 4, 2006 verbatim to
the COl'Jlmittee members and those present in the audience.
Motion No. CA060511-4
BE IT RESOLVED that:
Moved by Garry Potter, seconded by Dave Edwards
"That the Cornrnittee hereby Approve Minor Variance Application 2006-A-12 for
the construction of a swirnrning pool, deck, a frame purnp shed and a frarne
storage shed which are located within the Iirnits of the Environrnental Protection
(EP) Zone and the 30 rnetre setback area frorn the EP Zone and be subject to the
following conditions:
1. That the size and setbacks of the praposed swirnrning pool be in
conforrnity with the sketches subrnitted with the application and approved
by the Cornrnittee;
2. That the applicant obtain a perrnit (or approval) from the Nottawasaga
Valley Conservation Authority under the Conservation Authorities Act; and,
3, That the apprapriate building perrnit be obtained frarn the Township's Chief
Building Official only after the Comrnittee's decision becomes final and
binding, as provided for within the Planning Act R.S.O. 1990, c,P. 13,
..".Carried."
Committee of Adjustment-May 11 , 2006
Page 4
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10:10
Marion Tilstra
Plan M30, Lot 15, RP 51R-33067, Part 19 (Oro)
19 Seneca Lane
2006-A-13
In Attendance: Marion Tilstra
Motion No. CA060511.5
BE IT RESOLVED that:
Moved by Dave Edwards, seconded by Allan Johnson
"That the Cornrnittee hereby defer Minor Variance Application 2006-A-13 until
cornments have been received frorn the Township Engineer and the proposed
new location of the storage shed has been identified.
.....Carried."
Committee of Adjustment-May 11, 2006
Page 5
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10:20 Harold & Sue Regan 2005-A-27(Revised)
Plan 626, Lot 37, Part Lot 105 (Oro)
8 Simcoeside Ave.
In Attendance: John Raimondi, project manager representing owners
Motion No. CA060511-6
BE IT RESOLVED that:
,
Moved by Garry Potter, seconded by Michelle Lynch
"That the CornrniUee hereby approve Minor Variance Application No. 2005-A-27
as revised subject to the following conditions:
1. That the apprapriate building perrnit be obtained frorn the Township's Chief
Building Official only after the CornrniUee's decision becornes final and
binding, as pravided for within the Planning Act R.S,O. 1990, c.P. 13;
2. That the applicants contact the Township Building Departrnent to satisfy the
comrnents rnade for the proposal;
3. That prior to issuance of a building permit, an Ontario Land Surveyor
pravide verification to the Township of cornpliance with the Cornrnittee's
decision by 1) pinning the footing and 2) verifying in writing prior to pouring
of the foundation that the proposed new dwelling:
i) be no closer than 6.4 metres (21 feet) frarn the front lot line;
ii) the porch aUached to the dwelling be no closer than 4.5 rnetres
(15 feet) frarn the front lot line; and,
iii) does not encraach further into the rear yard- will maintain the
existing setback; and,
4. That the setbacks be in conforrnity with the dimensions as set out in the
application and on the sketches subrniUed with the application and
appraved by the CornmiUee, as subrniUed.
.. ...Carried."
Committee of Adjustment-May 11, 2006
Page 6
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10:30
Robert & Kelly Talaska
Cone. 11, East Part Lot 22 (Oro)
372 Line 11 North
2006-A-14
In Attendance: Robert Talaska, owner
Motion No. CA060511-7
BE IT RESOLVED that:
Moved by Michelle Lynch, seconded by Allan Johnson
"That the Cornrnittee hereby approve Minor Variance Application 2006-A-14 by
amending condition 2c) by changing 27.3 rnetres (89.6 feet) to 23.9 rnetres (78.5
feet) and be subject to the following conditions:
1. That the size and setbacks of the proposed addition be in conforrnity with
the sketches submitted with the application and approved by the
Cornrnittee;
2. That an Ontario Land Surveyor provide verification to the Township of
cornpliance with the Cornrnittee's decision by 1) pinning the footing and 2)
verifying in writing prior to pouring of the foundation so that:
a, the addition be no larger than 77.7 m2 (836 ft);
b. the addition be located no closer than 6.4 rnetres (21 feet) frorn the
front property line; and
c, the addition (deck) be located no closer than 23.9 rnetres (78.5 feet)
from the Environmental Protection (EP) boundary.
3. That the apprapriate perrnit be obtained from the Lake Simcoe Region
Conservation Authority, if required;
4. That the applicant contact the Township Building Department to satisfy the
cornments made for the praposal; and
5. That the appropriate building perrnit be obtained frarn the Township's Chief
Building Official only after the Comrnittee's decision becornes final and
binding, as provided for within the Planning Act R.S.O. 1990, c,P. 13,
.....Carried."
5. Other Business
i. Adoption of rninutes for the April 13, 2006 Meeting
Committee of Adjustment~May 11, 2006
Page 7
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Motion No. CA060511-8
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Moved by Allan Johnson, Seconded by Michelle Lynch
"That the rninutes for the April 13th 2006 Meeting be adopted as printed
and circulated
...Carried'"
iL Adoption of rninutes for the April 18, 2006 Special Meeting
Motion No. CA060511-9
Moved by Garry Potter, Seconded by Allan Johnson
"That the rninutes for the April 18th 2006 Special Meeting be adopted as
printed and circulated
...Carried."
6. Adiournment
Motion No. CA060511-10
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.)
Chairperson,
Lynda Aiken
Secretary-Treasurer,
Andy Karaiskakis, ACST(A)
Committee of Adjustment~May 11, 2006
Page 8