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09 14 2000 C of A Minutes~ ~ y Y Committee of Adjustment Minutes • Thursday September 14th 2000, 9:30 a.m. In Attendance: Chairman Allan Johnson. Member Ken Robbins, Member Roy Campbell; Member Alan Martin, Member Dave Edwards, and Planner Andria Leigh None Received. None declared. 9:30 B-21!00 D.C. & M.C. Little Mount St. Louis Road Con. 10, Lot 10 (Medonte) In Attendance: Dale Eplett, Applicant's agent Moved by Ken Robbins, seconded by Roy Campbell "That the Committee hereby DENY Application B-21/00 because it does not comply with the policies of the Official Plan. .....Carried" 9:40 8-20!00 Joyce Keenan 702 Warminster Side Rd E. Conc. 10, Lot 6 (Medonte) In Attendance: Joyce Keenan, Applicant Moved by Roy Campbell, seconded by Alan Martin n ~ "That the Committee hereby GRANT Application B-20/00 subject to the following conditions: 1. That the Simcoe County District Health Unit approves of the application, in writing. 2. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary or appropriate registerable description. 3. That three copies of deeds be submitted to the Committee Secretary to be stamped using Form 2 as prescribed in the Planning Act. 4. That all Municipal taxes be paid to the Municipality. 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of giving of this notice. .....Carried" 9:50 B-23/00 Ronald Peppier 269 Mt St Louis Road Conc. 8, Pt Lot 10 . (Medonte) In Attendance: Roger Peppier and Robert Peppier, Executors of Estate Moved by Dave Edwards, seconded by Alan Martin "That the Committee hereby GRANT Application B-23!00 subject to the following conditions: 1. That the Simcoe County District Health Unit approves of the application, in writing. 2. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary or appropriate registerable description. 3. That three copies of deeds be submitted to the Committee Secretary to be stamped using Form 2 as prescribed in the Planning Act. 4. That all Municipal taxes be paid to the Municipality. 2 i y 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of giving of this notice. .....Carried" 10:00 A-32/00 Doreen and Raymond Yelle 55 Lakeshore Road West Conc 7, Plan 755, Lot 7 (Oro) In Attendance: Raymond Yelle, Applicant's Agent, and Chuck Clubley, Neighbour Moved by Roy Campbell, seconded by Ken Robbins "That the Committee hereby GRANT Minor Variance Application A-32/00 subject to the following conditions: 1. That a sketch of survey/real property report prepared by an Ontario Land Surveyor be submitted to the Township once the construction reached grade level; 2. Tbat the setbacks be in conformity with the dimensions as set out in the application, as submitted; 3. That the Simcoe County District Health Unit approve of the application, in writing; 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; 5. That all mtmicipal taxes be paid to the Township of Oro-Medonte. .....Carried. 10:10 A-33/00 Maribeth Koester 711 Woodland Drive Con. 2, Pt Lot 18, Thompson Plan, Lot 2 (Orillia) In Attendance: Chris Koester, Applicant's agent Moved by Dave Edwards, seconded by Ken Robbins "That the Committee hereby GRANT Minor Variance Application A-33/00 subject to the following conditions: 3 1. That a sketch of survey/real property report prepared by an Ontario Land Surveyor be submitted to the Township once the construction reached grade level; 2. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 3. That the Simcoe County District Health Unit approve of the application, in writing; 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; 5. That all municipal taxes be paid to the Township of Oro-Medonte. .....Can-ied. 10:20 A-34/00 Charles and Carol Cancilla 23 Lakeshore Road East Conc. 8, Plan 627, Lot 10 (Oro) In Attendance: Joan McLean, Agent • Moved by Roy Campbell, seconded by Alan Martin "That the Committee hereby GRANT Minor Variance Application A-34/00 subject to the following conditions: 1. That a sketch of survey/real property report prepared by an Ontario Land Surveyor be submitted to the Township once the construction reached grade level; 2. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 3. That the Simcoe County District Health Unit approve of the application, in writing; 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; 5. That all municipal taxes be paid to the Township ofOro-Medonte. .....Carried. 10:30 B-24/00 Estate of Richard Allman Lakeshore Road East . Conc. 14, Pt Lot 22 (Oro) In Attendance: Catherine Altman, Executor of Estate Moved by Dave Edwards, seconded by Roy Campbell "That the Committee hereby GRANT Application B-24/00 subject to the following conditions: 1. That the Simcoe County District Health Unit approves of the application, in writing. 2. That Three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary or appropriate registerable description. 3. That three copies of deeds be submitted to the Committee Secretary to be stamped using Form 2 as prescribed in the Planning Act. 4. That all Municipal taxes be paid to the Municipality. 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of giving of this notice. .....Carried" 10:40 B-25/00 Robert and Jacqueline Nunn Line 1 North Conc 1, Pt Lot 14 (Oro) In Attendance: Robert and Jacqueline Nunn, Applicant's, and Nicola Mitchinson, Applicant's Consultant Moved by Ken Robbins, seconded by Dave Edwards "That the Committee hereby GRANT Application B-25/00 subject to the following conditions: 1. That the Simcoe County District Health Unit approves of the application, in writing. 5 2. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary or appropriate registerable description. 3. That three copies of deeds be submitted to the Committee Secretary to be stamped using Form 2 as prescribed in the Planning Act. 4. That all Municipal taxes be paid to the Municipality. 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of giving of this notice. ....Carried" 10:50 A-31/00 Douglas and Susan Smylie 2359 Lakeshore Road East Con. 13, Plan 728, Lot 14 (Oro) In Attendance: Douglas and Susan Smylie, Applicant's, Pauline Donovan, Agent for William Daniel, and Mrs. Bovine, Neighbouring property owner Moved by Alan Martin, seconded by Dave Edwards "That the Committee hereby GRANT Minor Variance Application A-31/00 subject to the following conditions: That a sketch of survey/real property report prepared by an Ontario Land Surveyor be submitted to the Township once the construction reached grade level; 2. That the setbacks be in confomuty with the dimensions as set out in the application, as submitted; 3. That the Simcoe County District Health Unit approve of the application, in writing; 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; 5. That all municipal taxes be paid to the Township of Oro-Medonte. ....Carried. • 4 Minutes of July 13, 2000 and August 8, 2000 . Moved by Ken Robbins, Seconded by Roy Campbell "That the Minutes of the July 13th, 2000 and August 8, 2000 be received and adopted." ... Carried." 5. Other business None. 6. Adjournment Moved by Roy Campbell "That the meeting be adjourned at 3:15 p.m." ... Carried. (NOTE: A tape of this meeting is available for review.) • • Sept 14/00 meeting. Allan- application A-31/2000 Douglas and Susan Smylie, 4359 Lakeshore Road East, Concession 13, Plan 728, Lot 14 former Township of Oro. And this is a continuation of the hearing a month ago correct so you are the applicant with us today Douglas and Susan. Okay. Andria will you do the planning report. Andria -planning report. Andxia- I also received for the Committee a Letter from Mr. Daniel for request to defer it. I will Yhat far the Committee's purposes. (in file) Allan- okay so today is a wntinuation from the hearing of last meeting the 8`h so we have a collaboration of documentation from the past so today we aze looking aY new information then. Andrea- additional information beyond the original comments on both the applicant and Mr. Daniel's letter. Allan- okay so do you have any further you wish to state to Yhis application. Douglas- no I don't think so, no it was just an oversight on the previous application that they 1 and half metre turnaround platform has to be provided for the door and has to be .3 metres beyond the door on one side and .6 on the other so it is simply to meet the obc. Allan- okay Susan- it does have an impact I can not have my father out when?????? Allan- okay Mr. Campbell Roy- the circulation for Mr. Daniel's was that his comments from the last meeting. Andria- from the last meeting yes Roy- did he submit anything new then Andria- no, not in writing. Roy- so we are suppose to go by these comments, I thought he wanted a deferral because I thought he had something new to offer. Andria- yes and that is what his letter indicated, he wanted personally bring those facts forward. Allan- he has been courage and or had the opportunity to add more information or send more information in writing to us prior to that meeting. Andria- that is correct, and I do understand that Mrs. Donavon is in the audience to make further comments for him I believe. Allan- Okay Alan- just before move can I just ask can we be sure in your recommendation you have considered very carefully the measure that the materials we have here on Mr. Daniel. Andria- yes and I do indicate that in my report. Alan- yes okay thank you. Allan- okay we will get to that in a minute then so does Committee have further questions? okay we will go to the audience. Would you give us your name for the record. Gail- yes it is Pauline Donovan Allan- just a minute I don't write that fast So you are representing GaIl-Nay and Bill Daniel. Allan- okay Mr. and Mrs. Daniel's and you are going to give us addition information that we don't already have from him then Gail- clarity straight I'm to assume Yhen you are not going Yo defer this and this will be a open hearing. Alan- you name is Pauline Donovan, may I ask are you a neighbour of the applicant Mr. Daniel? Gail- no I'm not Alan- do you live in that particular area Gail- no I don't Andria- she was asked she has a letter from Mr. Daniel to represent them, has their agent Alan- so you just an individual who has been asked to come forward to speak on their behalf Gail- that is right Alan-thank you A1Ian- do you have any written documentation on behalf of your client for us Gail- I do I have another amended note he has given to me, his concerns was because he directly affected by this he prefers to be here when the Committee is discussing it and I guess that is where I need some clarity axe you continuing today or are you considering deferring this until October. • Allan- this part of the hearing is for us to get information additional information decision making will be later on so at this point hr time we want to make sure that your client I guess represented by you today we want to make sure • that he has every opportunity and he is aware that I asked previously he hasn't given every opportunity has I understand to send if he can't be here to send written representation or written comments to us and or to represented by you, so just to make sure that he is represented in form or another we are looking for new information today. Gail- okay Andria- and I guess just further to that I think for the Committee's purpose they can't determine why a deferral would be needed at this point because they do not what additional information that he indicating to them they do not know if it something they can address has part of a land use matter or of is not and that is what I asked him put it down in writing the issues you need to discuss with them so at least Yhey can consider that and have an appreciation or what new material are we talking about. Gail- so would it be an idea Yo introduce his new concerns and then ask for a deferral that he might. Alan- can I just make a point Mr. Chairman, may understanding a deferral is really a decision one way or another would be done this afernoon by the committee after hearing any evidence so it is up to you to bring to the committee any evidence that you think needs Yo be put before them and they can make any decision what ever it may make this afternoon. Allan- new evidence Andria- that's right Alan-yes new evidence Gail- okay then just to clarify that I would like initially I would like to present the fact that Mr. Daniel has first hand knowledge of the situation and he would really like to be here personally but he is not. Allan- and that is why we encouraged him to put it in writing Gail- okay lets just proceed then I will bring to you his concerns. Gail-you are now looking at initial 6 feet now we aze looking at not even 4 and a half-foot difference Alan- I'm confused we were looking at 6 feeC Gail- if you looking at the correction it I think Andria was saying there was an amendment from 3 metres sorry 1.78 metres to 5.8 feet it is now changed to Andria- 1.24 metres for the landing area, so when we recirculated the application, just for Mr. Martins benefit when we recirculated we were looking at 1.34 m at the landing stage to the property line as opposed to what we originally circulated aY 1.78 m Gail- now dealing because I do deal in feet we axe going from 6 feet to less then four and a half feet. Another concern that Mr. Daniel's has if you picture 1 which the Symlie's aze building a deck on the opposite side on the other side of the property they will have 2 decks on either side of their home in talking to Andria that is, Andria can probably tell it is within the 1 metre allowance is that cosect. Andria- yes Alan- so I wasn't present at the hearing so I will probably ask a couple extra questions Gail- thats fine Alan- could you explain to me what the concern is of the applicant of the intervener about the deck being built on the opposite side of the property? Gail- okay we have 2 decks now on either side of the property one of the concerns Mr. Daniel's points in this information if there was an emergency both sides of that property is now blocked both sides have decks and both are not within the setbacks of 3 metres. Alan- and where is your house where is your interveners house, on both sides or on one side Gail- the Daniel's house is on Andria- on the side for the variance Alan- there are concerned on what is going on, on the other side Gail- the Smylie's it's a point they wanted to put forward you are talking about 2 decks that aze both not within 3 metres setback, I don't know if it makes sense to go through this there's already one thing that was not pointed out initially that there is an entrance in the back of the Smylies' home right off the driveway these ramp and landing actually becomes 40 some odd feet of ramping and landing as opposed to maybe a sixth of that require into that door there look at the picture in regards to ffie Smylie's the size look at picture 4 there was tie ins in that door were never meant for a wheelchair ramp and the question is why a wheelchair ramp now why a wheelchair ramp on that side now we are talking 4 and Aalf feet as opposed to the initial then less then 4 and a half feet now as opposed to the 6 feet was originally in the application. I think what I'm going to do is just go through this starting at I guess starting at page 2 Mr. Daniel's concern is that you now we have 40 feet of landing and ramp and if there is another 10 at least 10 centimetres safety rail, spindles and other fmishing touches is thaT further jetting out into that lot line he had • concerned about the hydro box, does that meet the wheelchair ramp does that still meet specification because that . ramp is jetting out into it or does it have to be extended even further, again concerns for the hedge where are going m dump 40 feet of snow Allan- 40 feet Gail- while there is 40 feet of landing ramp and 4 feet on the side here where is it going to go. There was a safety issue what happens if they the Smylie's start to installing satellite dishes or you now decorative boxes it is getting closer and closer to the lot line. And if you look at picture 5 it does show you how close the Daniel's walkway is to the hedge and close if you can imagine how close 4 feet would be to the hedge and walkway. Allan- we were down and we measured as you now, this is, can I just interrupt here for one minute a IoY of this is a reheazsal of last meeting, picture 1 what is this would you refresh my memory what picture I means what is the story here. Gail- it to emphasise the fact another deck was being built on the other side near the lot line one not abutting the Daniel's property line the Bovine property line. Allan- I think you are suppose to indicate the deck that is being built on the other side of the house Gail- that is right Alan- which again to clarify which side of the house that the Daniel's can not even see or have no access to Gail- basically we have the Smylie's have a deck that doesn't meet the 3 metres setback on either side you also have the Smylie's with steps leading down onto 1 metre cleared property and they built right across the lake front with a large deck and then you take a step down onto 1 metre of their cleazed property onto the Daniel's property as a result there is a lot of use by the Smylie's and as a result there is squeezing on all side of Smylie's lot and this is just another squeezing, there is a squeezing on the lake , there's a squeezing on one deck on the one side, there's a squeezing on the deck on the other side and I guess the question is, is Yhis really necessary to further infringe on the Daniel property when you have family who is infringing on one side the Lakeshore and now we are going on the other and we would really on behalf of Mr. Daniel's I would really respect Mr. Bovine who seems to be the main concern here he is in trillium nursing home he is a frail gentleman who lives in a nursing home his visits are intermittent he has been there some time it has not been a concerned Yhat we have been aware of until very recently that there was a wheelchair ramp available but iY hasn t altered Mr. Boville has come and visited and we just questioned why all of a sudden there is a wheelchair ramp going in there when it was never meant to be a wheelchair . ramp, there was tie ins for a deck this is a minority issue but still you have the minority sensitive issue on the other side with two elderly people 70 years old who are being squeezed into their property. Allan- okay Mr. Robbins question Ken- question to Mrs. Donovan? What is your professional association to this? Gail- none Ken- thank you Gail- for the committee's qualification I am his daughter I do not know if that helps Allan- I'mjust trying to determine all this what new information that's why I asked what picture 1 meant Gail- okay that it is basically to give you a flavour of the situation we have a family who are infringing Allan- we are quite aware of that, we have been there we've done are own visit we done our own measuring and so we are quite aware of all that I'm just going through this trying to determine what different in this presentation then what we have already had a month again and or what you are asking for the request you are asking for is a deferral and it goes back to the question before is new information request a deferral. Do you understand what I'm saying we aze not we heard this before we are looking new information if I'm wrong somebody tell me so but I just go through this and l don't understand the only question I had was picture 1 and you say that picture is indicate the deck that is on the opposite of the house which doesn't pertain to this application at all, we are dealing with this application Gail- right Allan- and that is why we went the other day for another fresh look to try to refresh our minds and we were pertinent to the information from I guess your father then last meeting then we did some measuring and we did some determining of the lake and how iY would look upon with a new ramp and or the 40 feet give or take what ever of snow we took that into consideration so we were trying to get an assessment from the committee's point what it would look like with or without and we were down to the water we were all around, so I guess we are looking at today is new information and or a good reason why we would defer application another month or more. Now whether tins gentleman comes or not I that is none of my business we have an application and we have to deal with an application, so lets try to keep it within that regardless of whether somebody has a deck on the other side house or dOWIlYOWn ox where ever I think we need to keep it within the application as before us today so we axe looking at new infom~ation if I'm wrong tell me but that's the way I understand it today. . Gail- new information of which you are well aware of we aze know looking less then 4 and a half feet . Alan- sir can I be clear of the 4 and a half feet, 4 and a half feet what do you say what are saying we are looking at less then that you mean the space between where the space between the end of the deck and the property line. Gail- right Alan- how much instead of 5.8 feet how much Andria- 4.4 feet Alan- so we are looking at 4.4 variance Andria- 1.34 metres 4.4 foot side yard for the landing and then if you look at page 2 of my report under the additional comments in the fast paragraph the wheelchair landing which is right out at the lake side would be 1.34 metres which is 4.4 feet from the side property line an the walkway was the 1.78 or the 5.8 we talked about previously Alan- can I just be clear; normally this is here because the normal allowance must be how many feet? Is it Andria- 3 metres 9.8 feet Alan- so we are really backing off on roughly half the distance in order to accommodate the wheelchair access Andria- that's right of which in the By-law you are allowed to encroach up to a metre Alan- so 3 feet would be automatic Andria- that is right, with out a variance Alan- without coming before this committee so therefore the committee is sitting here through two different meets to consider a 1-foot encroachment. Andria- while the first meeting we did show the correct measurement to the landing so we had to recalculate that application to show 1.34 to the landing area. Alan- can I be clear then your fathers concern I'm not minimising there concem this if I understand this clear is about a foot, then 1 foot is really concerning then, we can't Yalk about how many times it snows, the snow is going to be there anyway the snow will be there more or less. This 1-foot of difference between what we are looking for now and what exists, what could exist without coming before this committee. Gail- right because the By-law says they have the 1 metre Alan- so the Committee is really only playing with a foot Gail- you are right Allan- okay I just want Yo be clear with everybody so just so we don't miss anything and yet so we don't drag it out so Andria, I just want to be clear with everybody Andria- just in terms with one of the comments it is Mr. Daniel's second letter here to the Smylie's just to confirm the measurement which we are talking about if the variance is granted to 1.34 for the landing and the walkway that would include any railing spindles, everything those would not infringe fisher than that. That would be intent of this committee is there would be no additional infringement beyond what that measurement would be. Douglas- I guess there would be a minor question about the obc, because they require 1.06 metres I don't know if that is inside the railing or outside. Alan- clear Mr, Chairman we have nothing to do with any other organisation they may have requirements regarding wheelchair but we are looking at a variance that must be adhered to if the variance comes down to a eertahi figure then you must adhered to it that, now if you still think you are going to have a problem with the obc, who ever they are, building code then it seems to me you should taken that into consideration before you made your application because if we make a decision you will no be permitted to go beyond that. Allan- okay lets try this way, anyone else in the room have any questions, concerns, okay, we will go back to this on then, anyone have further questions, I want to return to everybody so you have an opportunity to a) give us a reason to postponed it, secondly any additional information that we me pertinent to? Dave-just to the representative of behalf of Mr. Daniel's I have read through the materials now submitted and most of it is just a further review of what he has aheady told us, the only thing that I note that the difference which is a concern of his appears to be on the last page where he talks about further invasion of privacy and that is the only thing new here I see that is certainly not going to be enhanced by this application to where a regular deck walkway to the door it would be no different that's the only thing I see that's the issue I see maybe I'm wrong if there's more in here that I'm missing then lets hear it. Gail- would it be appropriate for me to ask why that door was ever approved in the first place knowing that property was already infringing on the setback we have door we have tie ins and we have. Dave- we have nothing Yo do with the construction of the house or the building plans that were approved by the Township's building department Gail- is there recourse there because it seems ridiculous that????? Setback you would go ahead and build tie ins and • a door on the second level. Alan- we are not in the business to adjudicating the buildings that is strictly adherent not a matter of the committee Gail- it seems presumption you are aware you are over the setback to build something on the second level that you ' in a111ike hood can access iY. Roy- not over it though, they would still be allowed that 1 metre anyway so in a sense that would have been sufficient if you did not have to get wheelchair azound there probably, so they could have gone ahead and done that so I don t see the building inspector would question that door being there because iY could have legal access anyway. 'I`he only reason for the landing is to turn, I guess there is some specification in the Ontario building code that you have to go by for the landing and the ramp and that is what they applied for. Douglas-the extra width is only 2 and half metre long. Roy- the house itself isn't to close to the lot line so they have no reason Yo question that door simply because the 1 metre would have been allowed to get Co it anyway. Gan- I guess my confusion is Yhat there is a setback which says 3 feet and then there is a by-law that says you can infringe upon that I'm sorry 3 metres then there is a by-law that says it is okay to go 1 metre into that. Andria- for particular things, the setback is there for the house it will allows up to 1 metre of the stairs or landing something that is unenclosed as an access into that it does not allow the house to be 2 metres it wouldn't allow a sumoom addition to beat 2 metres those would all require variances when it is an unenclosed land, stair that would be allowed to encroach up to that metre so has member Campbell is saying it would allowed stairs a little landing and a stair to come out of the door that is existing there up to a metre wide it is because of the wheelchair access they require more then that size, that is the intent of the by-laws the structure itself which has the main impact has to be the 3 metres without a variance, the landing then encroach up to the metre. Allan- Yhis is last call, I'll give you the opportunity too say anymore you would like to say in closing, ox anything new that you think would be important for the committee to hear. Gail- I think I will be just reiterating we are talking 4 feet less than A and a half feet that is not new I think I will just ask the committee to consider everything in because of that second level and because things can be erected on because of the closeness of that walkway which you are aware of to the lot line, the walkway was built long before Symne's built that walkway the walkway has been there forever the hedges been there for over 25 years now it just the best place of danger I feel. Allan- okay, same invite to the Smylie's, to do have anything you wish to say closing. Okay last call I want to be ' fair to everybody, any one else who has questions ox concems. Mrs. Bovine- why should you object to a wheelchair, a person who is completely had a stroke no left side. Allan- it is your husband we are referring to Mrs, Bovine- yes Allan- if there is no other questions or concems we will close this part of the meeting and we will get back to this, this afternoon you can call the office tomorrow find out what we decided ox wait for the mail, and I guess I just say thank you. u