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02 15 2007 C of A MinutesCommittee of Adjustment Minutes ~ ~~ y Thursday February 15, 2007, 9:30 a.m. In Attendance: Chairperson Lynda Aiken, Member Allan Johnson, Member Michelle Lynch, Member Dave Edwards, Member Garry Potter, Secretary- Treasurer Adam Kozlowski 1. Communications and Correspondence Correspondence to be addressed at the time of the specific hearing. 2. Disclosure of Pecuniary Interest None declared. 3. Hearings: 9:30 Mullabrack Inc. Lot 28, Concession 3 (Former Oro) 1811 Ridge Road West In Attendance: Bev Jones, Agent for Mullabrack Inc. Motion No. CA070215-1 BE IT RESOLVED that: Moved by Garry Potter, seconded by David Edwards ~1OT10~#_a`3 FEB 2 ~ 2001 MEETING: COUNC1L~l C. OFUU.^ 2007-A-01 "Committee hereby refuse Variance Application 2007-A-01, being a request to increase the height of a boathouse, as the variance is not deemed to be minor ...Carried." Committee of Adjustment-February 15, 2007 Page 1 4 9:40 Chris & Terri Melvin 2007-A-03 Plan 952, Lot 85 tFormer Oro} 2307 Lakeshore Road East In Attendance: Chris Melvin, Applicant Motion No. CA070215-2 BE IT RESOLVED that: Moved by David Edwards, seconded by Allan Johnson "Committee grant Variance Application 2007-A-03 subject #o the following conditions: 1. 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 k `- AR F ~` ~S R ~ 4 ~~ 9:50 Elizabeth & David Woronka 2004-8-44 Part Lot 24, Concession 9{Former Oroj 628 Ridge Road East In Attendance: Elizabeth Woronka Adam Kozlowski, Secretary-Treasurer, read fax correspondence from Greg Marek, Planning/Engineering Technician, County of Simcoe, dated February 12, 2007 verbatim to the Committee members and those present in the audience. Motion No. CA070215-3 BE IT RESOLVED that: Moved by Allan Johnson, seconded by David Edwards "Committee defer Application 2004-8-44 at the request of the applicant. .....Carried." Committee of Adjustment-February t5, 2007 Page 3 10:00 Peter& Suzanne Duivenvoorden 2005-8-52 West Pt. Lot 15, Concession 5 (Former Township of Medonte) In Attendance: Peter & Adam Duivenvoorden, Applicants Adam Kozlowski, Secretary-Treasurer, read correspondence from Dave Featherstone, Manager, Watershed Monitoring Program, Nottawasaga Valley Conservation Authority, dated October 3, 2006; Tim Salkeld, Resource Planner, Nottawasaga Valley Conservation Authority, dated January 10, 2007; Gail White, Planner 11, County of Simcoe, dated February 12, 2007 verbatim to the Committee members and those present in the audience. Motion No. CA070215-4 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. .....Carried." Committee of Adjustment-February 15, 2007 Page 4 E ~, ~.w y,, 10:10 Helen Anderson 2007-8-01 Pt. Lot 9, Concession 14 (Farmer Township of Oro) 1004 Line 14 North In Attendance: George Anderson, Agent on behalf of Applicant Adam Kozlowski, Secretary-Treasurer, read correspondence from Township of Oro-Medonte Deputy Mayor Ralph Hough verbatim to the Committee members and those present in the audience, Motion No. CA070215-13 BE IT RESOLVED that: Moved by David Edwards, Seconded by Michelle Lynch "Oommittee grant provisional consent to Application 2007-B-01 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 maximum total lot area for the new lot be no greater than $ 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 aII municipal taxes be paid to the Township of Ora-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. ...,Oarried." Committee of Adjustment-February 15, 2007 Page 5 t'? `- `~~-' 10:20 Colleen 8 Garth Jay 2007-A-O6 plan 653, Lots 28 & 29_ (Former Township of Oro) 135 Robinson Street In Attendance: Keith Cowden, Agent on behalf of Applicants Motion No. CA070215-5 BE IT RESOLVED that: 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 far the applicant to relocate the proposed garage at the request of the Committee. .....Carried." Committee of Adjustment-February 15, 2007 Page 6 ~~~~-~ 10:30 David Germaine 2007-A-04 Plan 1850, Lot 22 (Former Township of Medonte) 2 Moonstone Cres. In Attendance: David Germaine, Applicant, Mike Mintz (22 Slalom Drive), Martin Toombs (6 Moonstone Grescent} Adam Kozlowski, Secretary-Treasurer, read correspondence from George & Heidi Riffert (no objection to variance application}, Garolyn Disher (objecting variance application} verbatim to the Committee members and those present in the audience. David Germaine submitted a petition signed by: Marc & Anna Franks, Mike 8 Lynn Mintz, Andrew 8 Shelly Doble, Dean Griffin, B.C. Farrell, Ron Turner, Jim Windsor, all indicating no objection to the variance application. Mike Mintz and Martin Toombs both made presentation to the Committee indicating no objection to the application. Motion No, CA070215-6 BE IT RESOLVED that: Moved by AIIan Johnson, Seconded by David Edwards "Committee approve Variance Application 2007-A-04 subject to the following conditions: 1. That the proposed detached garage be located no closer than 13.7 metres from the front lot line, Slalom Drive, in accordance with the sketch 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 that the detached garage be no closer than 13.7 metres from the front lot Tine; That the proposed detached garage comply with all other provisions for Detached Accessory Buildings, as listed in Section 5.1 of Zoning By-law 97- 95; That the appropriate entrance permit for the driveway leading from Moonstone Crescent to the proposed garage be obtained from the Township Public Works Department, prior to the issuance of a building permi#; 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.P. 13. ...Carried Committee of Adjustment-February 75, 2D07 Page 7 '~~~- 10:40 Scott Ross 2007-A-05 Pt. Lot 6, Concession 9 {Former Township of Medonte) 4043 Line 8 North In Attendance: Andria Leigh, Adrian Cammaert (MHBC Planning), Agents on behalf of Applicant Adam Kozlowski, Secretary-Treasurer, read correspondence from Tim Salkeld, Resource Planner, Nottawasaga Valley Conservation Authority, dated February 15, 2007 verbatim to the Committee members and those present in the audience. Motion No. CA070215-7 BE 17 RESOLVED that: Moved by AIIan 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 permits} 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 75, 2007 Page 8 r '~ - ~; a 10:50 Horseshoe Valley Lands 2007-8.03 _Lot 4, Concession 4 (Former Township of Oro} (Utility lot} In Attendance: Andria Leigh, Kris Menzies {MNBC Planning}, Agents on behalf of the Applicant Max Huber and Nicolai Gourianov both made presentation to the Committee indicating concerns over aesthetics, visual impacts, potential odours, and buffering from the future pumphouse structure. Chris Ellesmere enquired about the location of the proposed lot. Motion No. CA070215-8 BE IT RESOLVED that: Moved by Garry Patter, 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. .....Carried" Commitfee of Adjustment-February 15, 2007 Page 9 - ,~~~; 11:00 Horseshoe Valley Lands 2007-8-04 _Lot 4, Concession 4, 51 R21438 pt.4 {Former Township of Oro) (Technical severance} In Attendance: Andria Leigh, Kris Menzies (MHBC Planning), Agents on behalf of the Applicant Adam Kozlowski, Secretary-Treasurer, read correspondence from Andria Leigh, MHBC Planning, dated February 13, 2007 verbatim to the Committee members and those present in the audience. Motion No. CA070215-9 BE IT RESOLVED that: Moved by David Edwards, Seconded by Allan Johnson "Committee grant provisional consent to Application 2407-8-04 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; 3. That all municipal taxes be paid to the Township of Oro-Medonte; 4. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. .....Carried" Committee of Adjustment-rebruary 15, 2007 Page 10 1`7 ~ ` ° 11:10 Horseshoe Valley Resort ltd. 2007-8-05 Plan 51 R-32830, pts. 10-13, 21 (Former Township of Medonte) (Easement) In Attendance: Andria Leigh, Kris Menzies (MHBC Planning), Agents on behalf of the Applicant Motion No. CA070215-10 BE IT RESOLVED that: 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. .....Carried" Committee of Adjustment-February 15, 2007 Page 71 11:20 Horseshoe Valley Resort Ltd. 2007-B-06 Lot 1, 2; Concession 4 (Former Township of Medontej (Severance & Lot Addition) In Attendance: Andria Leigh, Kris Menzies (MHBC Planning), Agents on behalf of the Applicant Adam Kozlowski, Secretary-Treasurer, read correspondence from Andria Leigh, MHBC Planning, dated February 13, 2007 verbatim to the Committee members and those present in the audience. Horseshoe Valley Resident Mel Coutanche made presentation to Committee regarding the application. Motion No. CA070215-11 BE IT RESOLVED that: Moved by Garry Potter, Seconded by Michelle Lynch "Committee defer Application 2007-B-06 to allow staff to review the proposal with the proponent and confirm conformity with the Official Plan. .....Carried" Committee of Adjustment-February 15, 2007 Page 72 11:30 Horseshoe Valley Resort Ltd. 2007-B-07 Lot 1, 2, Concession 3 (Former Township ofi Medonte) (Severance) In Attendance: Andria Leigh, Kris Menzies {MHBC Planning}, Agents on behalf of the Applicant Adam Kozlowski, Secretary-Treasurer, read correspondence from Andria Leigh, MHBC Planning, dated February 13, 2007 verbatim to the Committee members and those present in the audience. Motion No. CA0 7 021 5-1 2 BE IT RESOLVED that: 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. .,...Carried" Committee of Adjustment-February 15, 2007 Page 13 - 5. Other Business i. Adoption of minutes for the January 18, 2007 Meeting Motion No. CA070215-14 Moved by AIIan Johnson, Seconded by Michelle Lynch "That the minutes for the January 18, 2007 Meeting be adopted as printed and circulated ...Carried." 6. Adjournment Motion No. CA070215-15 Moved by Allan Johnson, Seconded by Garry Potter "We do now adjourn at 5:20 pm ... Carried." {NOTE: A digital recording of this meeting is available for review.) ~~~ ~1 Chairperson Lynda Aiken S etary- ea u dam Kozlowski Committee of Adjustment-February 15, 2007 Page 14