11 16 2006 C of A Agenda
Thursdav November 16. 2006, 9:30 a.m.
1. Communications and Correspondence
-Appointment of Acting Chairperson for meeting in absence of Ms. Aiken
-Appointment of Acting Secretary-Treasurer
2. Disclosure of Pecuniary Interest
3. Hearings:
9:30
2006-A-35
Kevin & Kathy Beamish
Plan M-9, Lot 153, Part 17, RP 51 R-
33069 (Oro)
17 Huron Woods Drive
9:40
2006-B-23
William Graham
Cone. 8, Part Lot 24 (Oro)
167 Ridge Road East
9:50
2006-B-11
Doug Shelswell & Wayne Shelswell
Cone. 14, West Part Lot 18 (Oro)
191 Line 13 South
4. Decisions
Other business
-Adoption of minutes October 12, 2006 Meeting
6. Adjournment
Township of Oro-Medonte
Committee of Adjustment
Planning Report for
November 16, 2006
Kevin & Kathy Beamish
2006-A-35
PROPOSAL
The applicants are proposing to construct a detached garage with an area of 58 m2
(624 fe). The applicants are requesting the following relief from Zoning By-law 97-
95:
1. Section 5.1.3 (a) Permitted locations for detached accessory buildinQs; to
allow a detached garage to be located in the front yard of a lot (where the
Zoning By-law does not allow a detached garage to be located in the front
yard); and
2. Section 5.1.4 Maximum heiQht for the detached garage from the required
4.5 metres (14.7 feet) to a proposed 4.57 metres (15 feet).
MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS
Official Plan Designation - Residential (Horseshoe Valley Road Special Policy
Area)
Zoning By-law 97-95 - Residential One
113
13)
Previous Applications - None
AGENCY COMMENTS (space is provided for the Committee to make notes)
Public Works Department- No concerns
Building Department-
Engineering Department- No concerns
Background
of the dwelling. Section 5.1.3 (a) of the Township's Zoning By-law states that
detached garages are not permitted in the front yard of a lot. The minor variance
application is for the construction of a detached garage in the front yard, and for
the garage to have an increased height from the required 4.5 metres (14.7 feet)
to 4.57 metres (15 feet).
The Tests of the Minor Variance
Does
variance conform
the general intent of the Official Plan?
The property is designated Residential - Horseshoe Valley Road Special
Area in the Official Plan. The main objective pertaining to this application with
respect to Residential land uses within the Special Policy Area is listed in Section
E2:
@ To ensure that all new development is sensitive to the natural heritage
features and rural character of the area.
In addition, Section E2.4 of the Plan states that "permitted uses on lands
designated Residential.. .are single detached dwellings [and accessory buildings
to such], home occupations, private recreational facilities and open space uses".
A detached garage is considered to be a permitted accessory use. A detached
garage accessory to the permitted residential use would not appear to have a
negative impact on the character of the neighbourhood.
On
basis the proposal is considered to conform
the
of the Official
Does the variance conform with the general intent of the Zoning By-law?
The subject property is zoned Residential One Exception 113 (R1 *113). The
applicant has proposed to locate the detached garage in the front yard of the
subject property, closer to the front lot line than the existing dwelling. However,
as the main dwelling unit is setback approximately 54 metres (175 feet) from
Huronwoods Drive, and due to the slope of the property and the location of the
septic system, the proposed detached garage be setback approximately
12.19 metres (40 feet) of the dwelling, the front yard. The applicant
has proposed the garage be located approximately metres (22 feet)
side meets
Based on the character of the lot and the surrounding residential area, and that
the garage will otherwise meet and exceed the required side yard, rear yard and
front yard setbacks for the R1 *113 Zone, the proposed variance is considered to
conform with the general intent of the Zoning By-law.
Is the variance appropriate for the desirable development of the lot?
As discussed above, the variance requested to construct the proposed garage
the front yard of the lot, and for an increase height maintains the intent of the
both the Official Plan and Zoning By-law. A site inspection revealed that the lot is
heavily treed, and that neighbouring dwellings would have good separation and
buffering from the proposed garage, and that the structure's design is compatible
with the character of the surrounding residential area.
On basis proposal is considered appropriate
development of the subject lot.
the desirable
Is the variance minor?
As this application should not adversely affect the character of the residential
area, the proposed variances are considered to be minor.
CONCLUSIONS
proposed variance generally satisfies
prescribed in Act.
tests
a
variance as
RECOMMENDATION
It is recommended that the Committee approve Minor Variance Application 2006-
A-35 subject to the following conditions:
1. That the height of the detached garage not exceed 4.75 metres (15 feet);
and
the proposed detached garage be located no further than 12.19
metres of single detached dwelling measured
south-east corner south-east corner
on a rear
4. an Ontario Surveyor provide verification to the Township of
compliance with the Committee's decision by verifying in writing that the
detached garage be no further than 12.19 metres (40 feet) in front of the
single detached dwelling unit, and that the height of the detached garage
not exceed 4.57 metres (15 feet); 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. 13.
of which is respectfully submitted,
Kozlowski, B
Planning Technician
Reviewed by,
MCIP, RPP
Senior Planner
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Township of Oro-Medonte
Committee of Adjustment
Planning Report for
November 16, 2006
William Graham
2006-B-23
167
Road
Concession Part Lot 24
PROPOSAL
The purpose of application 2006-B-23 is to permit a lot addition/boundary
adjustment. The land to be severed and conveyed to the adjacent parcel of land to
the east (177 Ridge Road E.) shown as "Severed Lands" on the attached sketch,
is proposed to have a depth of approximately 158.4 metres (519.8 feet), and a lot
area of approximately 0.97 hectares (2.4 acres). The land to be retained, 167
Ridge Road E., shown as "Retained Lands", would contain an area of
approximately 0.94 hectares (2.3 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 - Rural
Zoning
97 -95 - Agricultural/Rural
Zone
Previous Applications -
AGENCY COMMENTS (space is provided for the Committee to make notes)
Simcoe County -
Public Works -
Building Department -
Engineering Department - No concerns
BACKGROUND
The applicant is proposing a boundary adjustment to convey approximately 2
acres to a neighbouring residential lot at 1 Ridge Road East. purpose the
adjustment is to create a smaller residential 1 Ridge Road East. land
2 acres.
are
as
@ preserve and promote character of the and
maintenance of the open countryside;
. To prevent the intrusion of land uses which are incompatible with the rural
character and/or resource activities of the area
With respect to topography and soil, both the subject property and proposed
enhanced property slope considerably from Ridge Road East, south to the Oro-
Medonte Rail Trail, and contains dense, mature tree cover. In addition, there is no
evidence of past or current farming operations on either property, nor does there
appear to be any capability for future farming operations (Committee should note
that both properties contain Class 5-7 soils, defined by the Canada Land Inventory
as having "very severe limitations, up to no capability for cultivation"). As such,
this application does not propose to remove active agricultural land from
production. As well, this application does not propose to create a new building lot,
and as both properties contain dwellings, no further development is proposed.
The Rural designation is currently silent with respect to lot additions. OP A #17,
being 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 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. reviewing an application for such a boundary
adjustment, the Committee of Adjustment shall be satisfied that the boundary
adjustment 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 yet in effect, it does function as a
statement of Council policy.
ZONING BY -LAW
The subject property is zoned Agricultural/Rural Zone by Zoning By-law
97-95, as amended. The lot to be enhanced, 1 Ridge Road East, is also zoned
Agricultural/Rural (A/RU) subject property, at present, consists
2.93 hectares acres), and has an irregular shape.
consists 0 hectares
also applies the lot to be enhanced, 1 Ridge Road East. In addition,
does not comply with the minimum lot size for a "single detached dwelling" use.
As a result of the conveyance, the retained lands would consist of 0.94 hectares,
and the enhanced lot would consist of 1.28 hectares. The enhanced property
would be brought into compliance with the minimum lot size for residential uses
within the A/RU Zone, being 0.4 hectares (0.99 acres), and as well the retained
lands would also meet the prescribed minimum area for residential uses.
CONCLUSION
The proposed consent application for a lot addition conforms to the policies of the
Official Plan, and complies with the lot area provisions of the A/RU Zone for a
residential use, as required by the Zoning By-law.
RECOMMENDATION
It is recommended that the Committee grant Provisional Consent regarding
Application 2006-B-23 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. the applicant's solicitor prepare and submit a copy of the proposed
conveyance for the parcel severed, review
3. That the applicant's solicitor provide an undertaking that
and the lands to be enhanced merge in title;
severed lands
4. That all municipal taxes be paid to the Township of Oro-Medonte; and,
5. That the conditions of consent imposed by the Committee be fulfilled within
one year from the date of the giving of the notice.
is
Reviewed
PLAN OF SURVEY
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Township of Oro-Medonte
Committee of Adjustment
Planning Report for
November 16, 2006
Doug & Wayne She/swell
2006-B-11
191 Line 13 South, Concession 14, West Part Lot 18, (Oro)
E PROPOSAL
Consent Application 2006-B-11 was deferred by the Committee of Adjustment on
June 15 2006 to allow time for the Ontario Ministry of Agriculture and Food to
comment on this application. The purpose of application 2006-B-11 is to permit
the creation of a new residential lot 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
Designation - Agricultural
Zoning By-law 97-95 - Agricultural/Rural (A/RU) Zone
Previous Applications - 2005-B-25
AGENCY COMMENTS (space is provided for the Committee to make notes)
Ministry of Agriculture Food and Rural Affairs - See attached
County of Simcoe - See attached
Public Works Department - No concerns
Building Department -
Engineering Department - No concerns
Application 2005-B-25, initiated by the same proponents, was made to sever the
original 197.7 acre Township lot, based on a search of title that revealed that this
lot had (in approximately 1863) been conveyed to a second owner, and thus had
at one time been "severed". At an unknown time, however, the property had
merged back into single title, effectively re-creating the original 197.7 acre lot.
Under Section D3.3.7 of the Official Plan, where policies exist to allow for the
correction of situation where lots have merged on title, the applicants
successfully severed the east half of the lot, and in effect re-created the two
parcels that had existed 1863 (the east half fronting Line 14 South consisting
of +- 97 acres, and the retained west half, now known as 191 13 South
consisting of +-100 acres).
To date, the east lot remains vacant, while the west lot, being the subject
property for the current application, contains the dwelling unit and detached
garage. Both parcels are actively farmed by the Shelswells, while the dwelling
has been used as a rental unit. The applicants have applied to dispose of this
dwelling unit by way of severance, for the reason that the dwelling consists of a
"surplus residence" as a result of farm consolidation. Committee should note that
the applicants have five agricultural holdings in the area, and have been
identified on the attached map. It should also be noted that three of the five
holdings contain single detached dwellings and various accessory and
agricultural buildings. Two of the properties are vacant.
The Statement provides direction respect to the
creation of lots in prime agricultural areas. Specifically, Section 2.3.4
discourages lot creation, however, allows for a lot to be created based on certain
circumstances. For the purpose of the application at hand, Subsection 2.3.4.1
states:
"2.3.4. 1 Lot creation in prime agricultural areas is discouraged and may
only be permitted for:
c) a residence surplus to a farming operation as a result of farm
consolidation, provided that the planning authority ensures that new
residential dwellings are prohibited on any vacant remnant parcel of
created by the severance. approach used ensure that no
are on may
or on
a
a
as a
"Residence surplus to a farming operation: means an existing
farm residence that is rendered surplus as a result of farm
consolidation (the acquisition of additional farm parcels to be
operated as one farm operation)."
The proponents have indicated on their application that the single detached
dwelling unit located on the subject property, 191 Line 13 South, has become
"surplus" as a result of "farm consolidation".
TOWNSHIP
The Township Official Plan places high priority on the protection and preservation
of farmland and agricultural operations from incompatible land uses. Section D2
of the Plan outlines four overarching objectives for lands within the Agricultural
designation:
D2.1 OBJECTIVES
" 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.
" To promote the agricultural industry and associated activities
and enhance their capacity to contribute to the economy of
the Township.
" To preserve and promote the agricultural character of the
Township and the maintenance of the open countryside.
Application 2006-B-11 seeks to create a new 2 hectare (4.96 acre) residential lot
an area of the Township that consists predominantly of large land holdings and
active agricultural operations. The majority of surrounding properties would
appear to be original Township lots, up to 40 hectares (98 acres) in size or
greater. As well, there appear to be relatively few residential lots in the
immediate vicinity, reflecting that this portion of the Township has retained its
agricultural character.
respect to farm consolidations, the Official Plan contains specific policy and
criteria increasing size an operation. n Section
states:
or
new
b) the viability of using the lands affected by the application for
agricultural uses is not adversely impacted if the application is
approved.
Criteria a) indicates that the creation of a new lot is not permitted as a result of
farm consolidation in the agricultural designation. While the PPS indicates that a
surplus dwelling may be severed from a land holding as a result of farm
consolidation, municipal official plans may also apply more stringent policies to
protect prime agricultural areas.
DISCUSSION
The Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) was
consulted with respect to this application, in particular to provide technical
assistance with respect to situations of farm consolidation and severances in
prime agricultural areas. OMAFRA has reiterated that the PPS does provide
policy with respect to severances in prime agricultural areas, and in this case
dwellings rendered "surplus" may be severed in the event of farm consolidation.
OMAFRA has also indicated that municipalities must "ensure that no new
residential dwellings are permitted upon the remaining [retained] parcels".
Further, the comments indicate that the retained lands, being in a "cash crop or
livestock area" should consist of a minimum of 38 hectares (94 acres) to be
considered viable.
County of Simcoe has also been circulated this application for comments. In
general, the County observes that the PPS does allow for the severance of
surplus dwellings due to farm consolidations, and that municipal decisions must
be consistent with the PPS. However, County staff have raised concerns with
respect to the applicant's previous severance (2005-B-25) of the original 197.7
acre lot into two parcels, consisting of approximately 100 acres and 97 acres. In
addition, the County requests that the proponents demonstrate how the
application at hand consists of a "farm consolidation" in light of the 2005
severance.
With respect to the Township Official Plan, the only policy direction with respect
to farm consolidations is found Section D2.3.4, where boundary adjustments
are permitted; however, the Plan explicitly states that no new lot may be
and is silent respect to "surplus dwellings". As well, given that the
applicants severed original 1 acre parcel
it is are
applications which have effectively led to the fragmentation of the original +- 200
acre lot: a 2 acre residential severance completed in 2003; a 100 acre
agricultural severance in 2005; and the current application, which proposes the
creation of a 4.96 acre residential lot due to a "surplus dwelling". Essentially, one
large agricultural lot has the potential to become four lots, two of which will not be
used for agricultural purposes.
CONCLUSION
Based on the above, it is unclear at this time how the applicants are intending to
achieve a "farm consolidation", given that the original agricultural parcel has been
subject to two previous severances. While the comments from OMAFRA
regarding the PPS provided direction with respect to the disposal of surplus
dwellings due to farm consolidation by way of severance, the comments were not
specific enough regarding farm consolidation processes. In addition, the PPS
allows the Township Official Plan to contain more stringent criteria for the
creation of lots in the Agricultural designation; this criteria is found in Section
D2.3.4 and deals specifically with situations of farm consolidation, and does not
permit the creation of a new lot. However, the Plan is silent with respect to the
disposal of surplus dwellings due to farm consolidation through the severance
process.
RECOMMENDATION
It is recommended Committee defer application 2006-B-11 such
that applicants provide more information to Township and County Planning
staff respect to how this application meets the intent of the Provincial Policy
Statement.
All of which is respectfully submitted,
The Corporation of the
County of
Simcoe
(705) 735-6901 Fax: (705) 727-4276
Toll Free (800) 263-3199
Email: rachelle.hamelin@county.simcoe.on.ca
CORPORATE SERVICES DEPARTMENT
Planning Division
1110 Highway 26
Administration Centre
Midhurst, Ontario LOL lXO
November 8, 2006
Glenn White
Township of Oro-Medonte
P.O. Box 100
Oro, ON LOL 2XO
Dear: Mr. White,
RE: Consent Application 2006-8-11
Part of Lot 18, Concession 14, (191 Line 13 South)
Township of Oro-Medonte
Thank you for circulating the County of Simcoe and your request for comment. The subject property is
designated Agricultural in the Local Official Plan, and therefore subject to the Agricultural policies of the
County Official Plan. This application is to permit the creation of a new residential 2 hectare lot as surplus
to a farming operation. The proposed retained portion of the subject property would be approximately
38.4 hectares.
The County Official Plan and Local Official Plan outline specific criteria for lot creation within the
Agricultural designation. These policies pre-date and are not entirely consistent with the Provincial Policy
Statement (PPS).
Section 2.3.4.1 c) of the PPS states that lot creation in prime agricultural areas may only be permitted for
a residence surplus to a farming operation as a result of farm consolidation, provided that new residential
dwellings are prohibited on any vacant remnant parcel of farmland retained by the severance and the
parcel zoned for no residential dwelling. The Planning Act requires that municipal decisions be consistent
with the PPS.
The County requests that farm acquisition and consolidation be demonstrated considering the subject
lands have recently been granted consent to create two, approximately, 40 hectare parcels.
County planning staff therefore request that this application be deferred until these issues are addressed.
Please forward a copy of the decision. If you require any further information, please do not hesitate to
contact the undersigned at 705-726-9300 Ext. 1315. Thank you very much.
Andrea/Andy:
In light of consent application 2006-8-11 the municipality of Oro-
Medonte has requested technical support concerning the severing of
a residence due to farm consolidation. The following technical
comments are provided in terms of the goals and objectives of this
Ministry and the criteria contained in the 2005 Provincial Policy
Statement (PPS).
creation a prime agricultural designated area is
discouraged and may be permitted for a residence surplus to a
farming operation as a result of farm consolidation as per Section
2.3.4.1 c) of the PPS. This type of severance applies to where farm
consolidation has taken place (where a second farm that includes an
additional residence has been purchased or acquired and together
the two are to be operated as a single operation). This second
existing farm residence is also not to be needed for the farm
operation such as for farm help. Any new lot for residential purposes
should be limited to a minimum size needed to accommodate the
residence and an appropriate sewage and water system.
The local plan authority must also ensure that no new residential
dwellings are permitted upon the remaining parcels.
Concerning the creation of agricultural parcels within a prime
agricultural area as per Section 2.3.4.1 a) of the PPS the lot to be
severed and the lot to be retained are to be of a size appropriate for
the type of agricultural uses common in the area and sufficiently large
to maintain flexibility for future changes in the type or size of
agricultural operations. Within a cash crop/livestock area it is
recommended a minimum lot area for agricultural purposes be
approximately 38.0 hectares size.
q please
Yours Iy,
Ray Valaitis
Rural Planner
Ontario Mnistry of Agriculture, Food and Rural Affairs
Environmental Policy and Programs Branch
Agricultural land Use U
Brighton, Ontario
KOK 1 HO
Tel: 613-475-4764
Fax: 613-475-3835
ray. valaitis@omafra.Qov.on.ca
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Committee of Adjustment Minutes
Thursdav October 12, 2006, 9:30 a.m.
In Attendance: Chairperson Lynda Aiken, Member Allan Johnson, Member Garry
Potter, Member Michelle Lynch, Member Dave Edwards, Secretary-Treasurer
Andy Karaiskakis & Director of Building & Planning Bruce Hoppe
1. Communications and Correspondence
Correspondence to be addressed at the time of the specific hearing.
Disclosure of Pecuniary Interest
None declared
3. Hearin~s:
9:30
David & Rebecca Law
Plan M593, Lot 10 (Oro)
9 Melville Court
2006-A-33
Attendance: Dave Law, applicant, and Colin Wardley, 7 Melville Court
CA061
BE
that:
Moved by Garry Potter, seconded by Michelle Lynch
"That the Committee hereby refuse Minor Variance application 2006-A-33 as it
does not meet the 4 tests of a minor variance.
...Carried."
2006-A-34
&Sue
Conc. 9, Plan 875, 7
139 Parks ide Drive
In Attendance: Brent Poulton, applicant
Motion No. CA061012-2
BE RESOLVED that:
Moved by Allan Johnson, seconded by Garry Potter
"That the Committee hereby Grant Minor Variance 2006-A-34 subject to the
following conditions:
1. The proposed deck addition shall not extend closer to Lake Simcoe than
existing deck, as shown on the drawings submitted with the
application dated September 4, 2006;
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 by way of survey/real
property report so that:
a. the detached garage be located no closer than 2.5 metres (8.4
feet) from the front line, and;
that the area of the detached garage be no larger than 75.7 m2
(815.5 ft2), being substantial conformity with the dimensions
shown on drawings submitted with the application dated
September 11,2006;
3. That the proposed carport remain open on all three sides, as shown on
drawings dated September 11, 2006;
4. That the mature cedar hedge located on the front and interior side lot lines
remain;
5.
comments made by the Building Department
of setbacks to septic system; and,
Craig & Krista Maddock
Conc. North Part Lot 3 (Medonte)
116 Mill Pond Side Road
In Attendance: Andria Leigh, MHBC Planning representing applicants,
Sylvia Kunert, 34 Mill Pond Side Road, Marilyn Lockhart, 125 Mill Pond Side
Road, and Ivan Strachan, 122 Mill Pond Side Road
Secretary-Treasurer read letter from Salkeld, Resource Planner,
Nottawasaga Valley Conservation Authority, dated October 11, 2006 and
from Rachelle Hamelin, Planner County of Simcoe, dated October 10,
2006 verbatim to the Committee members and those present the
audience.
Motion No. CA061012-3
BE RESOLVED that:
Moved by Dave Edwards, seconded by Allan Johnson
"That the Committee hereby defer Consent application 2006-B-22 as per
the request of the applicants' agent.
... ..Carried."
10 & Raymond
Plan 780, Lot 24 (Orillia)
49 Eight Mile Point Road
In Attendance: John Raymond, applicant
Motion No. CA061012-4
BE IT
that:
Moved by Garry Potter, seconded by Michelle Lynch
"That the Committee hereby Refuse Minor Variance Application 2006-A-32
based on the request of an increase in height of a boathouse is not minor.
... ..Carried."
5. Other Business
i. Adoption of minutes for the September 14, 2006 Meeting
Motion No. CA061012-5
, Seconded Garry
"That minutes the September 14th 2006 Meeting be adopted as
printed and circulated
. ..Carried."
6. Adjournment
Motion No. CA061012-6
Moved
, Seconded Dave
at 1 a.m."