06 27 2006 C of A Agenda
Committee of Adiustment Aaenda
Special Meetina
Tuesdav June 27,2006,8:00 a.m.
1. Communications and Correspondence
2. Disclpsure of Pecuniary Interest
3. Hearings:
8:00
2006-A-17
William Ryckman & Deborah Millingen
Conc. 8, Part Lot 4, RP 51 R-33080,
Part 1 (Medonte)
3883 Line 8 North
4. Decision
5. Other business
6. Adjournment
Township of Oro-Medonte
Committee of Adjustment
Planning Report for
June 27, 2006
William Ryckman & Deborah Millingen
2006-A-17
3883 Lin~ 8 North, Concession 8, Part Lot 4, RP 51R-33080, Part 1 (Medonte)
THE PROPOSAL
The applicants are requesting permission from the Committee of Adjustment to Rermit the
construction of a 133 m2 (1,440 ft) one storey bungalow and a 96.98 m2 (1,044 fe) detached
garage within the 30 metre (98.4 feet) setback limits of an Environmental Protection Zone.
The proposed dwelling will be located approximately 4 metres (13 feet) from the
Environmental Protection Boundary Zone and the detached garage will be set back 19
metres (62 feet) from the EP Boundary Zone, as shown on the attached sketch.
MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS
Official Plan Designation Agricultural & Environmental Protection 2 Overlay
Zoning By-law 97-95 - Agricultural/Rural (A/RU) & Environmental Protection (EP) Zones
AGENCY COMMENTS (space is provided for the Committee to make notes)
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 -
PLANNING FRAMEWORK
Background
The subject property has a street frontage of approximately 99 metres (325 feet) along Line
8 North and a lot area of approximately 9 hectares (22 acres). The property is currently
vacant. The applicants are proposing to construct a 133 m2 (1,440 fe) single detached
dwelling with 2 attached decks being located at the rear of the dwelling and a 97 m2 (1,044 fe)
detached garage.
The proposed buildings will be located within the 30 metre (98.4 feet) setback limits of the
Environmental Protection Zone as noted in Zoning By-law 97-95 Map A21. As a result,
permission is required from the Committee Adjustment for the construction of the
buildings.
Does
to
general intent of the
Plan?
2
is to protect
to and to
the maintenance the
open countryside. Permitted uses in the Agricultural designation includes single detached
dwellings as well as accessory uses. As the proposed location of the dwelling and detached
garage are on lands which does not involve agricultural activity, the proposal appears to
conform with the intent of the policies contained in the Official Plan.
Does the variance conform to the general intent of the Zoning By-law?
In assessing the issue of conformity with the Zoning By-law, the proposed dwelling and
detached garage should not detract from the overall character of the lot and surrounding
natural features being the watercourse which runs through the property and the mature trees
located in the front yard of the property. One of the purposes of regulating structures being
built within the 30 metres setback from the Environmental Protection Zone is to maintain and
enhance the ecological integrity of the natural heritage system, to ensure that development
does not occur on lands that are unstable or susceptible to flooding and to ensure that
development does not occur on hazardous slopes. The application has been circulated to
the Nottawasaga Valley Conservation Authority and provide the following comments: the
NVCA has no objection to the approval of this application subject to the following condition-
that the applicant obtain a permit from the NVCA to regulate the location of development and
site alteration on the property and ensure a minimum construction setback of 30 metres from
the watercourse on the property and to ensure adequate erosion and sediment control is
installed prior to construction and to ensure a precautionary flood proofing elevation is
implemented for all structures.
Based on site inspection by the Planning Department, the proposed location of the dwelling
and detached garage appears to be flat and the watercourse is at least 30 metres away from
the proposed dwelling. Therefore the proposed dwelling and detached garage would
therefore conform with the general intent of the Zoning By-law.
Is the variance appropriate for the desirable development of the lot?
The proposed buildings should provide for a form of development that is suitable and
consistent with the surrounding area. The proposed variance will provide for the construction
of a dwelling and detached garage and will continue to maintain the agricultural character of
the area. On this basis the proposed variance would provide for the appropriate
development of the lot.
Is the variance minor?
As Committee is aware, "minor" is not determined on a mathematical basis. On the basis
that the proposal is reasonable and would not appear to adversely affect the integrity of the
Environmental Protection Zone, the proposed variance is considered to be minor.
CONCLUSIONS
The proposed variance generally satisfies the 4 tests of a minor variance.
It is
that the Committee
minor variance
7
to the
1. That the size and setbacks of the proposed dwelling and detached garage 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 including the attached decks be located no closer than 4 metres
(13 feet) and the detached garage be no closer than 19 metres (62 feet) from
the Environmental Protection Boundary Zone;
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 dwelling be setback a minimum of 30 metres (100 feet) from the
watercourse; and,
5. That the applicants obtain a permit from the Nottawasaga Valley Conservation
Authority under the Conservation Authorities Act.
All of which is respectfully submitted,
Andy Karaiskakis HBA, ACST(A)
Planner
Reviewed by,
Glenn White, MCIP, RPP
Senior Planner
JU~-20-2~06 14:51 FROM:NVCA
7054242115
TO: 17054870133
P.1/2
Member
Municipalities
Adj~I(l-Tos,ol"ontio
Amaranlh
Hiirri(~
Tn~ Hll.le Mounrain,
Br<ldtord-Wes,t Gwill imhury
C!c(lrview
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Uro-MRnoo!;;
Grey Highl.)nds
Shelburne
~prinp,w"kr
W~5;lg;\ l\e~(h
Watershed
Counties
Simco"
Dl,fferin
Cr~y
Member of
June 20, 2006
Andy Karaiskakis, Secretary-Treasurer
Committee of Adjustment
Township of Oro-Medonte
P.O. Box i 00
Oro, Ontario, 2XO
Dear Mr. Karaiskakis;
Re: Application for Minor Variance 2006-A..17 (Ryckman/Millingen)
Part Lot 4, Concession 9, 3883 Line 8 North
Township of Oro-Medonie (Formerly Township of Medonte)
The Nottawasaga Valley Conservation Authority (NVGA) has reviewed this
minor variance application in accordance with regulations made under the
Conservation Authorities Act.
The NVCA has no objection to the approval of this application subject to the
following condition:
. That the applicant obtain a permit from the Nottawasaga Valley
Conservation Authority under the Conservation Authorities Act.
The purpose of
permit is
<<& Regulate the location of development and site alteration on the property
and ensure a minimum construction setback of 30 metres from the
watercourse on the property;
lIII Ensure adequate erosion and sediment control is installed prior to
construction, and;
lIII Ensure a precautionary floodproofing elevation is implemented for all
structures.
We advise the NVCA may request detailed topographic information from the
proponent prior to the establishment of a flOOdproofing elevation.
Thank you
decision,
circulating
application and please
us
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our
NOTTAWA~AGA VI\I.I.I'Y CONSf.INATION AUTHOIXITY " ().mtm for (ons;,r\l;J!ion
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A1ELECTRICAL WIRING MUST BE INSPECTED B',
TH ELECTRICAL SAFETY AUTHORITY, SEPARATE
IN ECTlON APPLICATIONS (PERMITS) MUST BE
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