03 15 2007 C of A AgendaI . Communications and Correspondence
2. Disclosure of Pecuniary Interest
3. Hearings:
9:30 2007-A-07 Brad & Ken Wolfenden
Lot 8, Concession 25
116 Rail Trail Drive
(Former Township of Oro)
9:40 2007-A-08 Josiah & Wendy Lowry
West Pt. Lot 5, Concession 11
(Former Township of Medonte)
5. Other business
6. Adjournment
Report
may I
Planning for
March 15, 00
9411 YEA II17
The applicants are proposing to construct a detached garage with an area of 91.4 rn` (984 ftr}.
The applicants are requesting the following relief from Zoning By -law 97 -95:
® Section 5.1 .4 maximum height for a detached accessory structure from 4.5 metres
(14.7 feet) to a proposed 5.9 metres (19.5 feet)
Official Plan Designation — Rural
Zoning By -law 97 -95 — Agricultural /Rural (A /RU) Zone
Previous Applications — None
AGENCY COMMENTS
Public Works Department — Swale must be maintained for proper drainage
Building Department — Engineered design required for slab. Registered Ontario Land
Surveyor or Engineered lot grading plan required for structures within 8 metres of lot line.
Engineering Department -
The subject property has a lot frontage of approximately 75 metres (98.4 feet) on Rail Trail
Drive, a depth of approximately, 105 metres (344 feet), and a lot area of approximately 0.78
hectares (1.95 acres). The subject property contains a single detached dwelling that is still
under construction. The subject property is located approximately 0.5 km south of Ridge
Road. The property, is surrounded on the north, south, and west sides by large vacant
parcels, consisting of relatively flat topography, and containing various underbrush and
medium -sized trees. The only neighbouring dwelling unit to the subject property fronts on
Springhome Road, approximately 55 metres (180 feet) to the east. A Swale runs along the
north lot line of the property, from the Rail Trail Drive road allowance, and diverts southerly
in the north -west corner of the lot, ultimately ending at an underground municipal drain
located on the unopened Springhome Road allowance.
The applicants are proposing to construct a 91.4 m2 (984 ft 2'1 detached garage to be located in
the upper north -west corner of the property, located over 30 metres (100 feet) behind the
main dwelling. The garage is proposed to have a gable -style roof, where the approximate
height of the structure from the average finished grade to the midpoint between the peak and
eves is proposed to be 5.94 metres (19.5 feet). As such, the applicant is requesting a 1.44
metre (4.72 foot) variance above the permitted maximum height of 4.5 metres.
Does the variance conform with the general intent of the Official Plan?
The property is designated Rural in the Official Plan. Section C2.2 of the Plan states that
"permitted uses on lands designated Rural... are single detached dwellings [and accessory
buildings to such] ". Therefore a detached garage constitutes a permitted use.
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 ZoningBj -lava?
The subject property is zoned Agricultural /Rural (A /RU) Zone. Permitted uses in the
A /RU Zone include single detached dwellings and accessory buildings, such as garages and
storage sheds. Aside from the maximum height provision, the garage will otherwise meet
with the required 2 metre side and rear yard setbacks, and does not exceed the 100 square
metre maximum floor area provision for detached accessory buildings in the A /RU Zone.
Therefore, the variance is considered to comply with the general intent of the Zoning By-
law.
Is the variance appropriate for the desirable development of the lot?
A site inspection revealed that the lot is relatively open, or has been cleared of any tree cover
and /or underbrush vegetation. Surrounding lands to the north, south, and west consist of
large, vacant parcels containing scrub brush, small trees, and grassland. Mature tree cover is
located to the north of the subject property. As such, the applicants do not have
neighbouring dwellings to the north, south or west; the only immediate neighbouring
dwelling is located to the east, across Line 8. In addition, the garage is proposed to be
located in the extreme north -west corner of the subject property, setback over 100 metres
(330 feet) from the front property line, where it has already been noted that there are no
neighbouring dwelling units to the north or west of the subject property. Therefore, the
variance for an increase in height will not likely have a negative visual or location impact on
neighbouring properties.
With respect to the Swale on the property, the site inspection revealed that the north -west
corner of the proposed garage will in fact be built on top of part of the swale. The Public
Works Department indicated initial concern that this Swale must be maintained to ensure
proper draining of water from Line 8, to the underground municipal drain located further to
the south. The applicant was made aware of this concern, and has agreed to move the swale
so as not to have any portion of the proposed garage interfere with drainage of the subject
property. In addition, the Building Department has indicated that the proposed garage will
require a lot grading plan due to its location being within 8 metres of a lot line. As such, the
applicants will not receive a building permit until such time that the issue of drainage on the
property, is addressed through the lot grading plan.
On this basis the proposal is considered appropriate for the desirable development of the
subject lot.
As this application should not adversely affect the character of the residential area, the
proposed variance is considered to be minor.
The proposed variance generally satisfies the tests of a Variance as prescribed in the
Planning Act.
It is recommended that the Committee approve Variance Application 2007 -A -07 subject to
the following conditions:
1. That the height of the detached garage not exceed 5.9 metres (19.5 feet);
1 That the setbacks be in conformity with the dimensions as set out in the application
and on the sketch submitted with the application and approved by the Committee;
3. That an Ontario Land Surveyor provide verification to the Township of compliance
with the Committee's decision by verifying in writing that the height of the detached
garage not exceed 5.9 metres (195 feet);
4. 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,
Adam Kozlowski, RPL
Planner
Reviewed by,
Glenn White, MCIP, RPP
Senior Planner
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Match 15, 11
Josiah & Wendy Lowry
2007 -A -08
West Pt. Lot 5, Concession 11 (Former Medonte)
F F !
The applicant is proposing to construct a single detached dwelling. The eastern portion of the
property contains Environmental Protection (EP) Zoning. The applicant is requesting the
following relief from Section 5.28 of Zoning By -law 97 -95:
Setback to EP Zone
(Required)
30 Metres (98.4 feet)
Setback to EP Zone
(Proposed)
10 metres (32.8 feet)
Official Plan Designation:
Zoning By -law 97 -95:
Previous Applications:
•
Agricultural
Agricultural /Rural (A /RLD Zone
Environmental Protection (EP) Zone
None
Public Works Department —
Building Department —
Engineering Department —
Nottawasaga Valley Conservation Authority — Permit #2007 -7663 issued for construction
February 16, 2007.
�
The subject property is located at the south -east corner of the intersection of Warminster
Sideroad and Line 10 North. The property has a frontage on Warminster Sideroad of
appro- urnately 600 metres (1970 feet), 331 metres (1085 feet) on Line 10 North, and a lot
area of approximately 37.6 hectares (93 acres). The subject property contains a recently -
constructed barn, and shows evidence of past farming operations in several areas that have
been cleared of trees and underbrush; however, more than half of the property contains
mature tree and underbrush coverage. The property also contains two watercourses — a
stream in the north portion of the property flows westerly, and converges with another
watercourse flowing northerly from the south end of the lot. As such, the subject lot is
bisected by two shallow valleys, where the proposed 195 square metre (2100 square foot)
dwelling unit is to be constructed in the extreme south -west corner of the lot, on a plateau
that slopes gradually to the east and north having been formed by the northerly- flowing
watercourse. This watercourse and associated valley is wholly contained within the EP
Zone, where the proposed dwelling will encroach approximately 20 metres into the required
30 metre setback for the EP Zone.
The property is designated Agricultural in the Official Plan. Section C1.2 of the Plan states
that the primary permitted use of lands within this designation shall be agricultural. In
addition, "other permitted uses include single detached dwellings [and accessory buildings to
such] ". Therefore the construction of a new, dwelling urst would constitute a permitted use
in the Agricultural designation.
On this basis the proposal is considered to conform with the intent of the Official Plan.
Does the variance conform with the generalintentof the ZoningBy- -lacy?
The subject property is zoned Agricultural /Rural (A /RU) Zone. Permitted uses in the
A /RU Zone include single detached dwellings and accessory buildings, such as garages and
storage sheds, in addition to agricultural buildings such as hams and silos. Aside from the
setback to the limit of the EP Zone, the proposed dwelling will otherwise meet with the
required front, side and rear yard setbacks, the minimum first storey floor area and height
provisions of the A /RU Zone. In addition, while the proposed dwelling unit will require a
reduction in the setback to the EP Zone from 30 metres to 10 metres, the watercourse itself
is located approximately 110 metres (360 feet) east of the site for the proposed dwelling. As
such, the EP Zone is providing over 100 metres of buffer for the watercourse and associated
valley. Therefore, the variance is considered to comply with the general intent of the EP
Zone, as proscribed in the Zoning By -law.
Is the variance appropriate for the desirable development of the lot?
A site inspection revealed that portion of the lot where the dwelling is proposed is relatively
open, where the property slopes gently from the south to the north. Surrounding lands to
the north, south, and ~vest consist of large, vacant parcels containing scrub brush, small
trees, and existing farming operations. A cluster of single detached dwellings are located to
the north -west of the proposed location for the applicant's dwelling.
The variance for a reduced setback to the boundary of EP Zone, as discussed above, will
meet and exceed the 30 metre setback to watercourses. In addition, the setbacks to the
front, side, and rear property lines will be maintained As well, the applicant has received a
development permit from the Nottawasaga Valley Conservation Authority, indicating no
concerns for the construction of a dwelling unit in this location. On this basis the proposal
is considered appropriate for the desirable development of the subject lot.
Is the variance nvnor?
As this application should not adversely affect the characteristics of the Environmental
Protection Zone, and otherwise meets with all other use and setback criteria as prescribed by
the Official Plan and Zoning By -law, the proposed variance is considered to be minor.
CONCLUSION
The proposed variance generally satisfies the tests of a Variance as prescribed in the
Planning Act.
RECOMMENDATION
It is recommended that the Committee approve Variance Application 2007 -A -08 subject to
the following conditions:
1. That the setbacks be in conformity with the dimensions as set out in the application
and on the sketch submitted with the application and approved by the Committee;
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.
All of ~which is respectfully submitted,
f
u,/dam Kozlowski, B.URPL
Planner
Subject Propert
Minor Variance or Milo,
VAIMMEam
19
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N ttawasa a Valley Conservation Authority February 16, 2007
Centre for Conservation John Hix Conservation Administration Centre
Tiffin Conservation Area 8195 Concession Line 8, Utopia, Ontario LOM 1TO #2007-7663
Telephone: 705.424.1479 Fax: 705.424.2115 Email: admin@nvca.on.ca .
Josiah s
Wilson ;. Rd.
Oriliia, Ontario,
LOCATION. West Part Lot 5, Concession 11, Township of Oro - Medonte, County of Simcoe
Property Assessment Roll #: 4346020003127000000
LITM Coordinates: Easting 612294, Northing 4941499
PROPOSAL: for the construction of a single family dwelling, garage, septic and associated driveway, at the
above noted location as indicated on the attached drawing(s), subject to the following
conditions:
• a: . •
s I/ s
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ao,
� Committee of Adjustment Minutes �}
-� ,�
In Attendance: Chairperson Lynda Aiken, Member Allan Johnson, Member
Michelle Lynch, Member Dave Edwards, Member Garry Potter, Secretary -
Treasurer Adam Kozlowski
Correspondence to be addressed at the time of the specific hearing.
None declared.
9:30 Mullabrack Inc.
Lot 28, Concession 3 (Former Oro)
1811 Ridge Road West
Moved by Garry Potter, seconded by David Edwards
MOTION #_ i 3
glow-mm
MEETING: COUNCUL n
C. OF W.❑
"Committee hereby refuse Variance Application 2007 -A -09, being a request to
increase the height of a boathouse, as the variance is not deemed to be minor
Committee of Adiustmeni- Peb:uary 16, 2007
Page 4
9:40 Chris & Terri Melvin 2007 -A -03
Plan 952; Lot 35 (Former Oros
2307 Lakeshore Road East
Moved by David Edwards, seconded by Allan Johnson
"Committee grant Variance Application 2007 -A -03 subject to the following
conditions:
I. Notwithstanding Section 5.6 g) of Zoning By -law 97 -95, that the maximum
height of the proposed boathouse shall not exceed 7.8 metres (25.6 feet)
above the high water mark elevation of 219.15 metres; and that the
boathouse be constructed and located in substantial conformity with the site
plan and construction drawings submitted with the application;
2. That an Ontario Land Surveyor provide verification to the Township of
compliance with the Committee's decision by verifying in writing by way of
survey /real property report that the height of the boathouse not exceed 7.8
metres (25.6 feet);
3. 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;
4. 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.
.....Carried.,"
Committee of Adjustment- February 15, 2007
Page 2
February 12, 2007 verbatim to the Commiffee memDers anu Flu r
audience. in the
Moved by Allan Johnson, seconded by David Edwards
"Committee defer Application 2004 -B -44 at the request of the applicant.
....Carried.,,
Gomm7Cee of Adjustment- Pebesry 15, 2007
Page 3
BE IT RESOLVED that:
Moved by Michelle Lynch, Seconded by Garry Potter
"Committee grant provisional consent to Application 2005-B-52 subject to the
following conditions:
1. That the maximum total lot area for the severed lot be no greater than 1.0
hectare (2.47 acres);
2. That three copies of a Reference Plan of the subject lands prepared by an
Ontario Land Surveyor be submitted to the Committee 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;
4. That the applicant pay $2,000.00 for the lot created as cash-in-lieu of a
parkland contribution;
5. That the applicant pay a Development Charges Fee in the amount of
$4,286.96 (By-law 2005-043) to the Township;
6, That the applicant apply for and obtain a rezoning and placing of a Hold
(H) provision on the subject lands to reflect the proposed residential land
use',
7. That all municipal taxes be paid to the Township of Oro-Medonte;
8. That the conditions of consent imposed by the Committee be fulfilled
within one year from the date of the giving of the notice,
.... Lamed,"
--ommitee of Adjustment- February 15, 2007
Page;
Adam Kozlowski, correspondence
members Township of Oro-Medonte Deputy Mayor Ralph Hough verbatim to the
Committee present in the audience.
Uotion
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 maximum total lot area for the new lot be no greater than 8
hectares (19.76 acres);
3. That the applicant apply for and obtain a rezoning on the subject lands to
accurately reflect the intended land use;
4. That the applicant pay $2,000.00 for the lot created as cash -in -lieu of a
parkland contribution;
5. That the applicant's solicitor prepare and submit a copy of the proposed
conveyance for the parcel severed, for review by the Municipality;
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.
Committee of Aoustment- February 15, 2007
Page 5
-�� I �-�
PT■ 1.�
Moved by David Edwards, Seconded by Allan Johnson
"Committee defer Variance Application 2007-A-06 until such time that
construction drawings and elevations are available, and for the applicant to
relocate the proposed garage at the request of the Committee.
.....Carried."
CommMee of Adjustmem-February 15, 2007
Page 6
IIIIIIIIIII 111,111IIIIIIIIIIIIIIIIIII !1I I III
"Committee approve Variance Application 2007-A-04 subject to the following
conditions:
—.Carried.'
Committee of Adjustment-Felawary 15. 20M
Page 7
Adam Kozlowski, Secretary-Treasurer, read correspondence from Tim
Salkeid, Resource Planner, Nottawasaga Valley Conservation Authority,
dated February 15, 2007 verbatim to the Committee members and those
present in the audience.
71AWTWTN��
Moved by Allan Johnson, Seconded by Garry Potter
"Committee approve Variance Application 2007-A-05 subject to the following
conditions:
1. That the setbacks of the existing structures be in conformity with the
sketches submitted with the application and approved by the Committee;
2, That the appropriate building permit(s) 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. 19K C.P. 13.
....Carried.,,
Committee of Adjustment- February 15, 2007
Page 8
10:50 Horseshoe Malley Lands 2007 -B-03
Lot 4, Concession 4
(Former Township of Oro)
(utility lot)
behalf of !•
Max Huber and Nicolai Gourianov both made presentation 7 tM
aesthetics. visual jM9,&Qj.,5 -otentIM
odours, and buffering from the future pumphouse structure. Ch 10
Ellesmere enquired about the location of the proposed lot.
Moved by Garry Potter, Seconded by Michelle Lynch
"Committee defer Application 2007 -B -03 pending further review by staff that the
Application is in compliance with the official Plan and /or Zoning By -law.
Gamnftee of Adjustment- February 15, 2667
cage 9
Planninq�_Agents on
behalf of the Applicant
members i those present M p
Moved by David Edwards, Seconded by Allan Johnson
"Committee grant provisional consent to Application 2007 -6 -04 subject to the
following list of conditions:
1. That three copies of a reference Plan (or description suitable for
registration) for the subject lands indicating the severed and retained
parcels be prepared by an Ontario Land Surveyor and submitted to the
Secretary - Treasurer for review;
2, That the applicant prepare and submit a copy of the proposed
conveyance for the parcel severed, for review by the Municipality;
4. That the conditions of consent imposed by the Committee be fulfilled
within one year from the date of the giving of the notice.
NNIR
Committee of Adjustment - February 15, 2007
Page 10
Moved by Allan Johnson, Seconded by David Edwards
"Committee grant provisional consent to Application 2007-B-05 subject to the
following conditions:
1. That three copies of a Reference Plan indicating the lands subject to the
easement be prepared by an Ontario Land Surveyor and be submitted to
the Secretary-Treasurer;
2. That the applicant prepare and submit 3 original copies of the deeds for
the easement, one copy to be retained by the Municipality-, and,
3, That the conditions of consent imposed by the Committee be fulfilled
within one year from the date of the giving of this notice as noted below.
Committee of Adjuszment-February 1-5, 2007
Page 11
Leigh, MABG Planning, dateu re
members and those present in the audience.
Horseshoe Valley Resident Mel Coutanche made presentation
Committee regarding o
t
Moved by Garry Potter, Seconded by Michelle Lynch
"Committee defer Application 2007 -6 -06 to allow staff to review the proposal with
the proponent and confirm conformity with the Official Plan,
Committee of Adjustment- February 15, 2007
Page 12
« correspondence from Andria
«, _. .
members - present in the au« ience.
ii « « `.. t
Moved by Garry Potter, Seconded by Michelle Lynch
"Committee defer Application 2007 -B -07 to allow staff to review the proposal with
the proponent and confirm conformity with the Official Plan.
•.
Commit?ee of Adjustment - February 15, 2007
Page ?3
Moved by Allan Johnson, Seconded by Michelle Lynch
"That the minutes for the January 98, 2007 Meeting be adopted as printed and
circulated
r
... Carried."
r . ♦ r
Committee of Adjustment - February 15; 2007
Page 14