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12 14 2006 C of A Agenda . . Thursdav December 14. 2006. 9:30 a.m. 1. Communications and Correspondence Disclosure of Pecuniary Interest 3. Hearings: 9:40 9:50 4. Decisions 6. Adjournment 2006-8-24 2006-8-22 Cynthia & Randy Ostojic 92, Plan (Former Township of 197 Eight Mile Point Road Michael MacVittie Range 2, Lot 3 (Former Township 978 Line 2 South Craig McKenney & Christa Maddock Cone. 7 North pt. Lot 3 (Former Township of Medonte) 116 Mill Pond Sideroad 1 Township of Oro-Medonte Committee of Adjustment Planning Report for December 14,2006 Cynthia Lee 2006-A-36 PROPOSAL The applicants are proposing to construct a boathouse and are requesting relief the following provision from Zoning By-law 97-95: i. Section 5.6 Maximum HeiQht of a boathouse from the required 4.5 metres (14.7 feet) to a proposed 5.63 metres (18.5 feet) above the average high water mark of Lake Simcoe. ii. Section 5.7 b) Decks on boathouses where the deck is either attached or stand-alone, is permitted to be at the water's edge provided the total area of the deck and boathouse does not exceed 70 square metres (753 square feet). Note: the height of a boathouse is calculated from the average high water mark Simcoe Bass Lake), from the average finished grade as is the policy for detached accessory buildings are not located on either of above water bodies. average high water mark elevation Lake Simcoe, as determined by the Lake Simcoe Region Conservation Authority, is 219. metres. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation - Shoreline Zoning By-law 97-95 - Shoreline Residential (SR) Zone Previous Applications - Engineering Department - No concerns PLANNING FRAMEWORK Background subject property has a road frontage of approximately 30 metres (98 feet), a shoreline frontage of approximately 41 metres (134.5 feet), and average depth of 87 metres (285 feet) and a lot area of approximately hectares (0.67 acres). property currently contains a two store~ back-split style dwelling with a ground floor area of approximately 162.58 m fe). A smaller boathouse and "bunkie" type sleeping cabin were located roughly the same area where the proposed boathouse is to be constructed, however both structures have subsequently been demolished. The proposed boathouse consists of two levels, a deck attached to the upper level. The boathouse has a ground floor area of 110 square metres (1185 square feet), and the attached deck will have an area of 60.4 square metres (650 square feet). Does the variance conform to the general intent of the Official Plan? subject property is designated "Shoreline" the Township Official Plan. Section 0.1 sets the following objectives for lands this designation: .. maintain existing character predominantly residential area. .. To protect the natural features of the shoreline area and immediate shoreline. The requested variance for the increased height of the boathouse would appear to maintain the character of the shoreline area. Further, as the subject property contains an existing concrete retaining wall at the water's edge, the construction of the boathouse and attached deck will not have a further negative impact on natural features of the property or the immediate shoreline. On this basis, the proposed variance would therefore conform with the intent of the Official Plan. the of the By-law? The Zoning By-law regulates the location and height of boathouses on lands within the Shoreline Residential (SR) Zone order to prevent the overdevelopment of lands located in shoreline areas. Specifically, the Township aims to protect and enhance the natural appearance and features of the shore of Lake Simcoe, as opposed to having waterfront areas dominated by large boathouse structures. The proposed boathouse meets the side yard setback and 30% maximum width provisions of the By-law. It should be noted that the boathouse will be setback approximately 1.5 metres (4.9 feet) from the waters edge. addition, the attached deck will be located approximately at the water's edge, and while the deck and boathouse will exceed the 70 square metre (753 square foot) maximum area provision found in Section b), the boathouse and deck will not negatively impact on the character of the shoreline due to the large size of the lot and ample water frontage. As a result of a site inspection, it was determined that boathouses on neighbouring and nearby lots appeared to exceed the 4.5 metre (14.7 foot) maximum height provision. Additionally, a high, dense cedar hedge exists on the east side of the subject property, and will provide a good privacy buffer for neighbouring lots. As the proposed boathouse will not dominate the shoreline and otherwise meets all zoning provisions for boathouses, the variance is deemed to general intent Is variance appropriate desirable Based on the site inspection, the proposed boathouse height and size of the attached deck would appear to be appropriate for the desirable development of the lot, and is in keeping with the character of the surrounding shoreline area. Given that the proposed boathouse will not result in the over-development of the subject property, nor have a negative impact on natural features, the proposal is considered appropriate for the desirable development of the subject lot. a RECOMMENDATION It is recommended that Committee approve 36 subject to the following conditions: Variance Application 2006-A- 1. Notwithstanding Section 5.6 g) of Zoning By-law 97-95, that the maximum height of the proposed boathouse shall not exceed 5.63 metres 8.5 feet) above the high water mark elevation of 9.15 metres; an Ontario Surveyor provide verification to the Township of compliance with the Committee's decision by verifying writing by way of survey/real property report that the height of the boathouse not exceed 5.63 metres 8.5 feet); 3. Notwithstanding Section b) of Zoning By-law 97-95, that the maximum size of the attached deck be no larger than 60.4 square metres (650 square feet); 4. That the boathouse not be used for human habitation, and comply with all other boathouse provisions as contained in Section 5.6 of Zoning By-law 97-95; 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 6. That the appropriate building permit be obtained 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. 7. That the appropriate permit(s) and any other necessary approval(s) be obtained from the Lake Simcoe Region Conservation Authority only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. is --~.Lh2- J1 /.. i L~c/i J B y: L SI Township of Oro-Medonte Committee of Adjustment Planning Report for November 16, 2006 Michael MacVittie 2006-B..24 PROPOSAL The purpose of application 2006-B-24 is to permit a lot addition/boundary adjustment. The land to be severed and conveyed to the adjacent parcel of land to the north (892 2 South.) shown as "Severed Lands" on the attached sketch, is proposed to have a depth of approximately 15.24 metres (519.8 feet), and a lot area of approximately 0.03 hectares (0.07 acres). The land to be retained, 978 Line 2 South, shown as "Retained Lands", would contain an area of approximately 0.26 hectares (0.65 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 Settlement Area Previous Applications - None. AGENCY COMMENTS (space is provided the Committee to make notes) Simcoe County - Public Works - Building Department - No concerns Engineering Department - No concerns BACKGROUND convey approximately 2 South. purpose 2 OFFICIAL PLAN subject lands are designated Rural Settlement Area by the Official Plan. Objectives for the "Rural Settlement Area" designation as listed in Section D4 the Official Plan are: .. maintain and create attractive communities with suitable amenities. .. ensure that settlement areas are developed a logical and cost-effective manner. This application proposes to convey a relatively small portion of land from one residential lotto another, thereby creating a consistent lot fabric for both properties. Further, no new building lots will be created as a result of this application. The Rural Settlement Area designation is currently silent with respect to lot additions and/or boundary adjustments. OPA #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 purpose boundaries, provided no new building reviewing an application for such a boundary adjustment, the Committee shall be satisfied that the boundary adjustment not affect the viability of the use of the properties affected as intended by this Plan. 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 statement of Council policy. effect, it does function as a ZONING As a result, the area has evolved from having a predominantly rural character to that of becoming a residential settlement area. As such, it would be appropriate that both the subject property and lot to be enhanced be rezoned from the AlRU Zone to the Residential One (R 1) Zone to appropriately reflect the proposed lot sizes, and to be in keeping with the character of surrounding residential land uses. CONCLUSION Planning staff are support of this application, as the proposed consent for a addition conforms to the policies of the Rural Settlement Area Designation Official Plan. resulting consent will reconfigure subject property to create a more consistent lot fabric, accordance with the provisions of the R1 Zone. Additionally, the proposed configuration will also be in keeping with surrounding residential lots in the Arbourwood Subdivision. RECOMMENDATION It is recommended that the Committee grant Provisional Consent regarding Application 2006-B-24 subject to the following conditions: 1. That the applicant apply for and obtain a rezoning on the severed and retained land to accurately reflect the residential land use; That the severed lands be merged in title with 892 Line 2 South and that the Subsection 3 or 5 of Section 50 of Planning Act apply any subsequent conveyance or transaction subject lands; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review the Municipality; 4. That the applicant's solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. 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 Secretary-Treasurer; taxes 7. ~Rt;iIC TOWN laRa I,SHIP OF ORO-M L i '" 51 '1: 750 11 20 . II i SURVEYING ';'WI' ..... .. ON 40 I 6El , ae Mrires I """" , , , , ,. ...., '..., '" '." '" ,. ...., '..." I I ""lI:::::'" @c:: ...-- s,"\ Il,~ ." "'- ,."" "'-.. ore"''' ... ... ..-J r, "..II.... ;:, ~~ . '-R ~~.~ .........~,.,. '. ~'V ~~ I -...Q. "" ...... >.. \-...I"-l. <'- \i 'i - - -..,.;:;, .-l ~ ~ I ~~&~ 18(1255) t 1') -r- \..1 I "" ,.. , / , 4._ N58"58"30"E NEW BOA.~D FENCE IB(1035) 42.42 5€\)~\LE.b L.-A~D~ , 1') -or 6 ~ L_ \..1 ....J P.i.N. 58552-0089(L T) MESH iij -i- DA 1E: SEPTEMBER 4, 20 II I II II I ~ d .., ,FENC 21.37 ........ o 3:1!:; II It: o~ !lm Township of Oro-Medonte Committee of Adjustment Planning Report for December 14,2006 Craig McKenney & Krista Maddock 2006-B-22 (Revised) PROPOSAL Consent application 2006-B-22 was deferred by the Committee of Adjustment as per the request of the applicants' agent. The purpose of application 2006-B-22 is to permit a lot addition/boundary adjustment from 116 Mill Pond Sideroad to 3766 Line 7 North. The application has been revised to reduce the total area of the lands to be conveyed 116 Mill Pond Sideroad to 3766 Line 7 North. The revised application proposes to add 91.44 metres (300 feet) of depth and 35 metres (114.8 feet) of frontage to the north part of 3766 Line 7 South, thereby adding approximately 0.32 hectares (0.79 acres) to the property. As a result of the conveyance, the parcel at 3766 Line 7 South would increase in area from 0.76 hectares .89 acres) to 1.08 hectares (2.68 acres). land to be retained by the applicants, 116 Mill Pond Sideroad, would have a lot area of approximately 15.41 hectares (38 acres). new lots are proposed be created as a result of addition. ZONING APPROVALS Official Plan Designation - Rural & Environmental Protection Two Zoning By-law 97-95 - Agricultural/Rural (AlRU) Zone and Environmental Protection (EP) Zone Previous Applications - B5/91 (lot addition to correct encroachment) concerns concerns concerns concerns BACKGROUND Application 2006-8-22 has been resubmitted to reflect land conveyance policies from both the Township of Oro-Medonte and the County of Simcoe. Previously, the applicant had proposed to convey lands from 116 Mill Pond Sideroad to 3766 Line 7 North, therefore creating an irregular-shaped lot consisting of 1.9 hectares (4.7 acres). revised application proposes a land conveyance on a smaller scale than previously. The lot to be enhanced, 3766 Line 7 North, would receive an additional 35 metres of frontage, 91.44 metres of depth, consisting of an overall conveyance of 0.32 hectares (0.79 acres). As a result, 3766 Line 7 North would have a new total lot area of 1.08 hectares (2.67 acres). Staff have consulted with the County of Simcoe regarding the proposed new lot size, where the County have indicated that there are no objections the revised application. OFFICIAL PLAN The subject lands and property to be enhanced are designated Rural and Environmental Protection Two in the Official Plan. Objectives for the "Rural" designation, as listed in Section D3 of the Official Plan are: . preserve and promote the rural character of the Township and the maintenance the open e prevent the intrusion land uses are incompatible character and/or resource activities area With respect to topography and soil, both the subject property and proposed enhanced property slope considerably from Line 7 North, westerly to Coldwater Creek. The lands to be conveyed have been identified as containing Class 5-7 soils, which is 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 or potential agricultural land from production, and does not propose to create a new building lot. Therefore, the objectives of the Rural designation would appear to be maintained. Regarding boundary adjustments, policies pertaining to the Rural designation are respect additions. being a general Amendment was affect the viability of the use of the properties affected as intended by this Plan. 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 OP A#17 is not yet in effect, it does function as a statement of Council policy. The subject property contains considerable mature, dense tree cover, and is identified the Official Plan as being contained within the Environmental Protection Two (EP2) overlay designation. Objectives for the Designation as listed Section .1 are: .. protect the Ora Moraine from incompatible activities and uses that have a negative impact on the critical natural features and ecological functions associated with the moraine. o maintain and enhance the ecological integrity of the natural heritage system. .. To minimize the loss or fragmentation of significant woodland features and habitats and ecological functions they provide. .. To protect significant wildlife habitat. Through a site inspection and examining aerial photography, it has been determined that the boundary of the EP2 Designation begins approximately 120 metres (393 feet) west of Line 7 North, and therefore would not appear to be contained on the lands to be conveyed. As such, this application would not offend the policies of the EP2 Designation. The subject property is zoned Agricultural/Rural (A1RU) Zone and Environmental Protection (EP) Zone by Zoning By-law 97-95, as amended. The lot to be enhanced, 3766 Line 7 North is also zoned Agricultural/Rural (A1RU) Zone. The subject property, at present, consists of approximately 15.6 hectares (38.56 acres), and has an irregular shape. The property to be enhanced is rectangular in shape, and consists of 0.76 hectares (1.89 acres). therefore meet with and exceed the minimum AlRU Zone, being 0.4 hectares (0.99 acres). size 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 AlRU 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-22 subjectto the following conditions: 1. That the maximum total lot area hectares acres); the severed lot be no greater than 1.08 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 proposed conveyance for the parcel severed, for review by the Municipality; applicant's solicitor an undertaking that the lands to be enhanced will merge severed lands and That the severed lands be merged title with 3766 Line 7 North, and that provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 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. is ~.. /-'7./7 / ; ,/ 1/, / r 1/ /~ 1/'.....--r~ / r'\ ('0 G ~~ t'\)7 ^~ ~ (Q ~ ~ or:::: ;l o z:. > o . rrt l..-z., ~ ~-\)> (> C r ~ 1:) 3 I - \ }3 c d 11- ~)) "r z )) "'"' I I I I I I I I I I I I ! , o Z -.J ~ )> ~ "' / / / / Committee of Adiustment Minutes Thursdav November 16, 2006, 9:30 a.m. In Attendance: Chairperson Lynda Aiken, Member Allan Johnson, Member Michelle Lynch, Member Dave Edwards, Acting Secretary-Treasurer Glenn White, Planning Technician Adam Kozlowski Regrets: Member Garry Potter 1. Correspondence to be addressed at the time of the specific hearing. Motion CA061116-1 Moved by David Edwards, Seconded by Michelle Lynch ORa. . GnON# ~o NOV 2 2 2006 MEETING: COUNCILD C.OFW. Withdrawn Motion No. CA061116-2 BE IT RESOl VEO that: "Be it resolved that be as Committee .. ...Carried" 2. Disclosure of Pecuniary Interest None declared 3. Hearinas: D \\::- is recommended the Committee approve 2006-A-35 subject to the following conditions: Variance 1. That the height of the detached garage not exceed 4.75 metres (15 feet); and 2. That the proposed detached garage be located no further than 12.19 metres (40 feet) in front of the single detached dwelling unit, measured from the south-east corner of the dwelling to the south-east corner of the proposed detached garage on a line parallel the rear property line; and , 3. That the setbacks be in conformity with the dimensions as set out application and on the sketch submitted with the application and approved by the Committee; and That an Ontario Land Surveyor provide verification to the Township compliance with the Committee's decision by verifying 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 RS.O. 1990, c.P. 13. 9:40 William Graham Cone. 8, Pi Lot 24 (Oro) 167 Ridge Road East In Attendance: William Graham, Applicant, AUen Gilchrist, Agent Motion No. CA061116-4 RESOLVED that: Moved by Michelle Lynch, seconded Johnson is recommended that the Committee grant Provisional Consent regarding Application 2006-8-23 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. 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 177 Ridge Road East 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 applicant's solicitor provide an undertaking 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." Doug & Wayne ShelsweU Conc. 14, West pt lot 24 (Oro) 1911ine'13 South 1 In Attendance: Andria Leigh, MHBC Planning representing applicants, Doug ShelsweU, Applicant Adam Kozlowski, Planning Technician, read e-mail Ray Valaitis, Rural Planner, Ontario Ministry of Agriculture, Food & Rural Affairs, dated October 31, 2006 and from RacheUe Hamelin, Planner County of Simcoe, dated November 8, 2006 verbatim to members and those present the audience. Motion No. CA061116-5 RESOLVED that: Moved by Allan Johnson, seconded by Michelle Lynch "That the Committee hereby Grant Provisional Consent regarding Application 2006-8-11 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 the Secretary-Treasurer; That the applicant's solicitor prepare conveyance for the parcel severed, for review the proposed 3. That the maximum total lot area for the severed lot be no greater than 2.0 ha (4.96 acres); and, 4. That the applicant apply to amend the Zoning By-law to prohibit new residential dwellings on the vacant remnant parcel of farmland in accordance with Section 2.3.4.1 c) of the Provincial Policy Statement, 2005; and, That all municipal taxes be paid to the Township Oro-Medonte; and, Page ~ i. Adoption of minutes for the October 12,2006 Meeting Motion No. CA061116-6 Moved by Dave Edwards, Seconded by Allan John,son "That the minutes for printed and circulated October 1 ih 2006 Meeting be adopted as .:.Carried." Motion No. CA061116-7 Moved Dave Edwards, Seconded Johnson "We do now adjourn at 10:55 a.m." ... Carried." (NOTE: A digital recording of this meeting is available for review.) Senior