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.
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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.
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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.
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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.)
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