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05 17 2007 C of A AgendaCommittee of Adjustment Agenda Thursday. May 17 2007, 9:30 a.m. 1. Communications and Correspondence 2. Disclosure of Pecuniary Interest 3. Hearings: 9:30 2007 -A -10 Michele & Richard Wainman Pt. Lot 18, Concession 18 951 Penetanguishene Road (Former Township of Oro) 9:40 2004 -A -36 Larry Tupling (Revised) Plan 546, E. Pt. Lot 6 31 Bards Beach Road (Former Township of Orillia) 9:50 2007 -6-09 Larry & Donna Jerry Pt, Lot 21, Concession 4 6156 Line 4 North (Former Township of Medonte) 4. Other business Adoption of Minutes from April 17, 2007 meeting 5. Adjournment Township of Oro- Medonte Committee of Adjustment Planning Report for May 17, 2007 Richard Wlainman 2007-A-10 951 Penetanguishene Road, Con. 1 Lot 18 (Fmr. Oro) THE PROPOSAL The applicant is requesting permission from the Committee of Adjustment to renovate and expand a non - conforming use by a ➢owing a 200 ft' attached garage, addition and 374 ft' of additional living space onto an existing vacant dwelling. The applicants are requesting relief from Section 5.98 of the Zoning By -law 97 -95 — "Non- Confomming Uses ", as the subject property is zoned Local Commercial (LC) Zone, and a single detached dwelling is not a permitted use in the LC Zone. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation —Agricultural Zoning By -law 97 -95 — Local Commercial (LC) Zone Previous Applications — AGENCY COMMENTS Public Works - Building Department — Demolition Permit issued in 2003 to previous owner, Demolition Permit canceled in 2006 by current owner. Existing Single Detached Dwelling has been vacant and appears in a state of disrepair. A structural analysis of the existing dwelling will be required to verify that the structure will be adequate to perform its intended use and be compatible with the proposed construction. Engineering Department- Background The subject property has a lot frontage on Penetanguishene Road of approximately 100 metres (328 feet), a lot depth of 200 metres (656 feet) and a lot area of approximately 2 hectares (5 acres). The lot is presently occupied by a 1728 square foot service garage, which is currently undergoing renovation. The property also contains a 2 storey single detached dwelling that has stood vacant for an undisclosed amount of time. The applicant is proposing to renovate the structure by adding a 600 square foot attached garage to the north side of the dwelling, and an additional 374 square feet of living space, laundry and washroom facilities at the rear of the first floor. Official Plan The property is designated Agricultural by the Official Plan. Permitted uses in the Agricultural designation consist primarily of farming operations and accessory uses to such. The designation also permits the construction of single detached dwellings. As such, the existing dwelling unit constitutes a permitted use in the Official Plan. Applications for expansions of non - conforming uses are guided by the policies set out in Section E1.5 of the Official Plan. Section EL5.2 sets out the following policies to guide the Committee in considering expansions to non - conforming uses: a) The sitie of the extension in relation to the existing operation or; b) 11%hether the proposed extension is compatible with the character of the surrounding area; c) The characteristics of the existing use in relation to noise, vibration, fumes, dust.... and the degree to which any of there factors may be increased or decreased by the extension; d) The possibilities of reducing these nuisances through buffering, building setbacks, landscaping, site plan control and other meant e) The confonniy of the proposal with the applicable by -laws and policies of the Count, of Simcoe. With respect to criteria a), the expansion of the existing dwelling by way of adding an attached garage and additional living space would constitute minor and typical additions to single detached dwellings. As a result of a site inspection, lands adjacent to the subject parcel consist mainly of smaller residential lots to the north and west, followed by larger agricultural operations to the north, south and east. As such, the expansion and continued use of the structure for a residential dwelling would satisfy criteria b). With respect to criteria e), the County of Simcoe has been circulated this application, and at the time of writing this report, has not provided comments. The remaining criteria related to nuisances, buffering, and site plan control would not be applicable due to the nature and purpose of this application. As such, the expansion of a non - conforming use in the form of a single detached dwelling would maintain the intent of the Official Plan. Zoning By -law As the applicant's dwelling was in existence prior to the passing of the current Zoning By- law, being adopted on November 5, 1997, the dwelling and residential use of the subject land would be considered a non - conforming use. However, the subsequent residential use of the property has changed over time, being reflected in the current Local Commercial zoning of the subject lands. The zoning recognizes the existing garage structure, which is currently being used as a commercial repair shop. As such, the dwelling unit use does not comply with the provisions of the Local Commercial (LC) Zone. Based on site inspection and review of the survey provided by the applicant, the addition of an attached garage and living space on the first storey of the existing dwelling unit will meet and exceed the required front, rear, and side yard setbacks for the current Local Commercial Zoning. With the exception of permitted use, the proposed renovated single detached dwelling structure is considered to generally comply with the intent of the Zoning By -law. CONCLUSION The requested permission to expand a structure that constitutes a non - conforming use maintains the intent of the Official Plan, and generally complies with the Zoning By -law. The proposal is also compatible with the character of the immediate area, and with surrounding land uses. RECOMMENDATION It is recommended that Committee approve Application 2007 -A -10 subject to the following conditions: 1. That the applicant obtain the necessary permit(s) and approval(s) from the Nottawasaga Valley Conservation Authority, if required; 2. That the applicant obtain the necessary penTut(s) and approval(s) from the County of Simcoe, if required; 3. 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, 4 X)W� A,& Kozlowski, B.URPL Planner 3 Reviewed by Glenn White, MCIP RPP Senior Planner Legend 0 20 40 80 120 160 Meters Subject Land- 951 Penetaguishene Road hL PLAN ANDFlEt -0 NOTES PART OF LOT 18, CON( TOwNSA" -NiDF COUNTY Of sC1. 1a H G. ItUtPAfRi 9 a8 l P.� I'BR- 01-11W lAl Aa •••••• •.•• .. JF SU FiUEY ( 1 t.unE ul : w"I TU AS PLAN 5!R-La75L cS� P R UFIO•.tLLD V14eN IIIE OEGI`.'!Pf M,Ce,eo AND UENSRU: rnil .I� Dnir IIV +EM1_WD! i IYNI DATE (.fpuUVliL"G tNr l`3�t r' 1 � I/ _ • l.K &i.... 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V v v f 4 ME d 4` i 6J f 4 d M a' �u �3 } ) f UP °8 t Y I J 1 � � �i f,,� Fd M • ra C4Y. 1 Y y 9 ! i S a v i -: rt...... -•.,. , ^ 'n°sti'_.um aowity r� � d,�1rv�✓$��? � �fl m a _ e, fill On M1 R '�''+ �1�� 1 ���'� 'lf I � �j94y, '•• +wti�lr)Cl�'1°' ,,: `� y ��1" 5 + a1 i' '+1 4 WRIT �. n c Hearing Date: Application #: Owner: THE CORPORATION OF THE TOWN6HIP 148 Line 7 5., Box 100 Oro, Ontario LOL 2X0 Phone (705) 487 -2171 fax (705) 487 -0133 w .oro- nnedonte.ca )/\) r\/" O MAS #: G(O P't\) Lot #: Plan #: Cone. #: i The Township Building Dept. has reviewed this application. 6d Site inspection rec}4k4d and cen ete - fA+4iL'AfZ `j 1(7+ PPWJITY ❑ Proposal appears to meet minimum standards. AApplicant to verify that sewage system meets minimum required setbacks as per Part 8 of the Ontario Building Code. -✓i()A5Ocuu'�2j CJN �b i lSS�iF!> rN Comments: ai✓� vtiJ6 c7uJu';;2- , _ 1 �pk,� -L I +!!-0i.) POZN I- Cli7 cEC L� a O� 8 In nn EXAS1 /Nitr- S�� �'�" 1� gE'a�k'1 t%�iZ^'9)..:1,l't1 A[)p �� //J A$�� 0i l�i�2. �f1 +ctz{RAt�ti ys /S �� FtSir�G-S�w(tL i?�c tI(Z� ; O U f121 TIM,---rite t yt -:n IME W j 2rortM �� IA,- a � BF_ ce { PRc.��� e�za�s� r2utc.�r� Note: This is not approval for any particular development proposal Respectfully submitted, i; O Michae Diver, Chief Building Official Townsbip of Oro- Medonte Engineering Department Inspection Report/Comments for Consent V Minor Variance Other Committee of Adjustment Meeting Date File No. - — A — r f% Name of Subject sect A P-Z) KIA'i I Y Keith Mathieson, Director of Engineering & Environmental Services Application 2007 -A- IC Roll No. / — J — O �1%°-0 1. Location of Subject Lands: Concession No. Lot(s) / Reg'd. Plan No. Lot(s) Municipal Address u/% 3 2. Name of Registered Owner(s) /tj/ t j, ou/ Address 5- / /l%G F W o c' °'• / A' r;4"4u rst Postal Code G 0 6- l A t Telephone and Fax E -mail Address 7C%> -7 2-2- y9 15 Cep 2 7f) y 3. Names and addresses of all mortgages, holder of charges or other encumbrances (if any): 4. Nature of relief being requested (interior side yard to be reduced from 4.5 to 3.8 metres): L\70ti: —Cipv� Ci Eck l�5'P — c 5. Reasons for variance(s) requested: '�f'w�'X7 �t -�.OtJ ��� — C UCH i �'�•: N`. �c�. \�i`� N ru — 9f r' ti L,t; 3 6. Dimensions of lands affected: (attach survey if available) Street Frontage Area Lot Depth '�>ei_ Shoreline Frontage 7. Particulars of all building and structures on or proposed for the subject lands: (Specify ground floor area, gross floor area, number of storeys, width, length, height, etc.): Existing fc'f --"�v.( \�� A 8. Location of all buildings and structures on or proposed for the subject lands: (Specify distance from side, rear and front lot lines and /or from the high water mark of the shoreline) Existing e �A— 9. Date of acquisition of the subject lands: 10. Date of construction of all buildings and structures on subject lands: 11. Existing use of the subject property: N ,S . X- 12. Existing use of abutting properties: 13. Length of time the existing use of the property has continued: h'� i < 14. Water and Sewage Information: [ -Kell and private sewage system [ ] municipal water and sewage [ ] municipal water and private sewage system [ ] other (specify) 0 15. If the owner previously applied for a minor variance on the subject property, please provide details: 16. If the subject property is currently subject to another application under the Planning Act, please provide details: 17. Present Official Plan designation applicable to subject lands: 18. Present Zoning By -law category applicable to subject lands: 19. Name of owner's solicitor or agent: Address Postal Code Telephone and Fax Numbers E -mail AUTHORIZATION Declaration of an Authorized Agent (to be completed where an agent is acting on behalf of the owner): I/We as the owner of Township of Oro - Medonte, County of Simcoe hereby authorize to act as my /our agent with respect to this application. Dated at the (Township/TownJUY) of this day of 2007. in the Signature of owner Signature of applicant or authorized agent Declaration of Owner or Authorized Agent: I/We `� t ���� �� �Ju tJ�t�.szSJ ofthe__� (Townshipfrown/C h y) of �S—l� in the p/ c of 5`t ✓�ci (f ; (Region /Co ) solemnly declare that all the statements contained in this application are true and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. DE5LARED before me at the i�3, of. } in the l of this day of 1 2007 } } } } f (Signature of applicant or authorized agent The personal information on this form is being collected pursuant to the Planning Act R.S.O 1990 and will be used in relation to the processing of this Minor Variance application. If you have any questions, please ask at the Township of Oro - Medonte Municipal Office. (Sig ature of a CommNsioner, etc) Bruce Kenneth Hoppe, a Commissioner, etc., County Of Simc0e, for the Township of Oro- Medorde. Expires June 14, 2008 [i Township of Oro - Medonte Committee of Adjustment Planning Report for May 17, 2007 Larry Tupling 31 Bards Beach Road Plan 546, East Part Lot 6 (Orillia) THE PROPOSAL 2004 -A -36 (Revised) The applicant had previously obtained permission from the Committee of Adjustment to recognize an unenclosed porch with roof overhang to be setback approximately 10 metres from the average high water mark of Bass Lake, and 1.5 metres from the interior side yard. The applicant has subsequently enclosed the porch, and seeks permission from the Committee to recognize the enclosed addition. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation — Shoreline Zoning By -law 97 -95 — Residential Limited Service Exception 2 (RLS *2) Zone Previous Applications — 2004 - SPA -04 (Site Plan Agreement RLS Zone) 2004- ZBA -20 (Removal of Hold provision) AGENCY COMMENTS Public Works - Building Department — Is enclosed porch to be heated? If YES, then a Change of Use Permit is required for the septic system. No framing inspection of previous application for building permit has been completed. Verification of setbacks as per Variance Application 2004 -A -36 is outstanding. Engineering Department - Background The subject property has a road frontage of approximately 13.4 metres (44 feet), a shoreline frontage of approximately 13.4 metres (44 feet), a lot depth of approximately 38.1 metres (125 feet) and a lot area of approximately 510.95 m2 (5,500 ft). The lands currently have a one - storey cottage with an area of approximately 66.88 mz (720 ft2). The applicant has previously constructed a 26.75 ma (288 ft� unenclosed porch at the rear of the dwelling, which was approved for a reduced setback of 10m (33ft) from the average high water mark of Bass Lake, and to be located 1.5 metres (5 feet) from the interior side yard for the west corner of the porch. The applicant has subsequently completely enclosed the 1 porch, and has insulated the walls which has in effect constituted an extension of the cottage structure. As such, the revision to the original variance application is required to comply with the four tests of variance. Does the variance conform to the general intent of the official Plan? The property is designated Shoreline in the Official Plan. Permitted uses within the Shoreline Designation include single detached dwellings, decks, accessory buildings and boathouses. The requested variance for the addition to the existing dwelling constitutes an addition to a permitted use. Therefore the variance would appear to conform to the general intent of the Shoreline Designation policies. Does the variance conform to thegeneral intent of the Zoning By -law? The subject lot is zoned Residential Limited Service Exception 2 (RLS *2) Zone. In 2004, the applicant had requested and received approval from the Committee of Adjustment for a variance for the construction of a porch and roof overhang to encroach 5 metres into the required 15 metre setback from the average high water mark of Bass Lake. The addition, as constructed, does not further encroach or reduce the 10 metre setback from the high water mark as originally approved by Committee. On the basis of the above, the proposal is considered to conform with the general intent of the Zoning By -law. Is the variance desirable for the appropriate development of the lot? The site inspection revealed that the enclosed addition will not further reduce the setbacks approved by the Committee's original decision for the reduced setback from Bass Lake for the porch and roof overhang. As well, the east side of the property contains several large, mature trees which will serve as a buffer between the addition and neighbouring properties to the east. Further, the enclosed porch constitutes an addition to an existing dwelling, which is a form of development that is permitted within the Shoreline Residential Zone, and is compatible with the surrounding neighbourhood. Is the variance minor? The applicant's proposal appears to be in keeping with the character of the surrounding residential area, as decks, sunrooms, and other renovations to the existing structure constitute a permitted use by the Official Plan. CONCLUSION The application to recognize an existing addition on the subject property generally satisfies the four tests of variance. E RECOMMENDATION It is recommended that Committee approve Revised Variance Application 2004 -A -36 subject to the following conditions: 1. 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; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Commmittee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report prepared by an Ontario Land Surveyor; 3. That the addition be no closer than 10 metres (33 feet) from the average high water mark of Bass Lake; 4. That the applicant obtains approval and a permit, if required, from the Nottawasaga Valley Conservation Authority. All of which is respecctt�fuu /lily /subb'mi /tted,, Atiam Kozlowski, B.URPL Planner 3 Reviewed by, Glenn White, INICIP RPP Senior Planner CO CO a CO Subject Property Ros 31 Bards Beach BEACH BASS LAKE 4 Hearing Date: THE CORPORATION OF THE - 148 Line 7 S., Box 100 � JT �TI (� Oro, Ontario 87 217 IV Y 1� T O �.J Fax Phone (705) 487 -0133 �QF w .oro- rnedonte.ca � / Minor Variance Review Application #: Owner: L A K MAS #: PLC L; j- Lot #: Plan #: s i � Cone. #: xThe Township Building Dept. has reviewed this application. O Site inspection required and completed. D Proposal appears to meet minimum standards. O Applicant to verify that sewage system meets minimum required setbacks as per Part 8 of the Ontario Building Code. Comments: i FH SzD eGZC t+ ie BF- tt F� ? IF y6 S 7 v>`�r3 A- C�d7Q�- o'7= L,67E- p ti'i e S %Z�,�t 2rRf-A R2 T fF- S071C OC i�vt1IJC'INSPECZGt --M OF QR v10 t5 Rpp�i�r1 [ctn} 2 BctiLl�inl(- (J rZc tit �tt✓#S g� cj Cc» Lfa Pi b U$Lt� C9-i t r>✓` OF s- r— B4CY-S A p�IZ MU �� `r1 "3b IS o�i t t/tJ( Note: This is not approval for any particular development proposal Respectful] Michael i Chief Building Official RAI Township of Oro - Medonte Eng-ineerinp, Department Inspection Report/Comments for Consent / Minor Variance Other Committee of Adjustment Meeting Date File No. Name of I Z Address 2_DS K 't Subject Property. Remarks: stA UJ mn-r 0-' - Keith Mathieson, Director of Engineering & Environmental Services March 27, 2007 To whom it may concern, I wish to apply for a change to my minor variance MV 2004 -36 to read the word "Unenclosed " to " Enclosed ". I have received Bldg. Permit # 463 -04 &. received an Engineer's approval for the existing work. Thank -you for your consideration for this application. Larry Tupling 3I Bard's Beach rd. I'S w. ® t` n' ♦.. DIY i � �.aw....., ' J Y i J r . Y. f {. � yp� ANY .�"piy g "r ifnbua^ ♦ J e- y J A q {! Irv,= �: 1 ♦ � .. W.:' ,z R N. .. I'S w. ® t` n' ♦.. DIY i � �.aw....., ' J Y i J r . Y. f {. � yp� ANY .�"piy g "r ifnbua^ ♦ J April 10. 2007 To: Adam Kowlowski Oro- Medonte From: Larry Tupling 31 Bard's Beach Rd. Dear Adam, These pictures will show you what has been done to fill the openings I had originally made. I had pickets under all of the openings but when your inspector came last summer to do the swale inspection he advised me that I should replace them with the 2x6 material which I did. He also asked me to trim the siding to 73/4 " above grade which I did. He also advised me that I should not cover the insulation until it was inspected which have not. I hope that this is a satisfactory amount of information for you. Thank you in advance. Yours Trul Larry Tupling . \ UZ"OPF .:> . .: „f T f fe rS Y *m" 1 S f' `! 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'skF giro � r X' t _ THE CORPORATION Of THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2004.117 "Being a By -law to remove the Holding symbol applying to lands at 31 Bards Beach Road, Concession 1, Plan 546, East Part of Lot 6 (Orillia), Township of Oro - Medonte, (Roll 143-46- 030. 010- 03200- 0000)(Tupling)" WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to pass By -laws to remove a Holding provision pursuant to Section 36 of the Planning Act, R.S.O. 1990, c.P.13. AND WHEREAS Council deems it appropriate to remove the Holding provision applying to the subject lands; NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte enacts as follows: 1. Schedule 'A19', to Zoning By -law No. 97 -95 as amended, is hereby further amended by removing the Holding provision applying to lands known as 31 Bards Beach Road, Concession 1, Plan 546, East Part of Lot 6 (Orillia), (Roll # 43 -46- 030 -010- 03200 -0000) as shown on Schedule 'A' attached hereto and forming part of this By-law. 2. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. READ A FIRST AND SECOND TIME on the 20th day of October, 2004. READ A THIRD TIME and finally passed this 20th day of October, 2004. M r - J. Neil Craig lerk - Mar' Perry cook This is schedule 'A' to By -Law 2004- iv passed the 20th day of October, 2004. CAiMayor eil Craig N Clerk Marilyn nnycook M d s 0ads8eac�P0 Bass Lake Lenm subren emovai o the o nc provision Township of Oro- Medonte SITE PLAN AGREEMENT between - LAWRENCE WILLIAM TUPLING and — THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE DESCRIPTION OF LANDS Part Lot 6, Plan 546 (Formerly South Orillia) Being all of PIN #58531 -0344 (Lt) Roll # 4346 - 030 - 010- 03200 -0000 September, 2004 By -Law No. 2004- 1 TOWNSHIP OF ORO- MEDONTE COUNTY OF SIMCOE THE TOWNSHIP OF ORO- MEDONTE SITE PLAN AGREEMENT TABLE OF CONTENTS Section 1 Covenants by the Owner Section 2 Covenants by the Township Section 3 Development Restrictions Section 4 Development Changes Section 5 Security Section 6 Compliance Section 7 Co- operation Section 8 Binding Effect Section 9 Severability of Clauses Section 10 .Save Harmless SCHEDULES Schedule "A" Legal Description of Lands Schedule "B" Site Plan Schedule "C" Deeds and Easements to be Conveyed Schedule "D" Itemized Estimate of Cost of Construction Schedule "E" Standard Township Letter of Credit SITE PLAN CONTROL AGREEMENT This Agreement made, in quadruplicate, this 20th day of October 2004, in accordance with Section 41 of the Planning Act. BETWEEN: LAWRENCE WILLIAM TUPLING Hereinafter called the "Owner" PARTY OF THE FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Hereinafter called the "Township" PARTY OF THE SECOND PART WHEREAS the Owner has applied to the Township of Oro - Medonte to permit a porch addition to the existing home on lands described in Schedule "A ", attached hereto; AND WHEREAS the Township has enacted a By -law to provide for the designation of the lands as a "Site Plan Control Area "; AND WHEREAS the Owner intends to develop the lands in accordance with the Site Plan attached hereto as Schedule "B "; NOW THEREFORE This Agreement Witnesseth THAT in consideration of the mutual covenants hereinafter contained, the parties hereto hereby covenant and agree as follows: 1. COVENANTS BY THE OWNER The Owner covenants and agrees as follows: a) The Owner owns the subject lands described in Schedule "A ", attached hereto, and has provided the Township with a Registered Deed containing the legal description of the subject lands. b) This Agreement may be registered against title to these subject lands and shall take priority over any subsequent registrations against the title to the subject lands. C) No work shall be performed on the lands, nor any use made of the subject lands with respect to the proposed development, except in conformity with all the provisions of this Agreement. d) The Owner shall, prior to the execution of this Agreement, obtain all necessary permits and approvals_ from the Township and from all Ministries and Agencies, including, but not limited to, the County of Simcoe. a) The Owner shall, prior to the execution of this Agreement, pay all municipal taxes and charges related to obtaining the approval of these lands for the intended use. f) The Owner shall pay a refundable deposit for such reasonable costs as may be involved to the Township in having its Solicitor, Engineer, Planner and staff, perform any work in connection with this Agreement, including the preparation, drafting, execution, and registration of this Agreement. The Owner acknowledges and agrees that the Owner shall be responsible for the cost of performance of all the Owner's obligations hereunder, unless the context otherwise requires. Every provision of this Agreement, by which the Owner is obligated in any way, shall be deemed to include the words "at the expense of the Owner, unless specifically stated otherwise. The refundable deposit for expenses and actual cost shall be SNIA. The Owner shall replenish the refundable deposit, to its full amount, when the expenses and actual costs are submitted by the Township. g) The Owner shall have delivered to the Township, all Transfers /Deeds, Discharges and Easements, or other documents required by Schedule "C ", as well as certification from the Owner's Solicitor that the Transfer /Deeds and Easements shall provide the Township with good title, free and clear from all encumbrances. h) The Owner acknowledges that the lot does not front on an improved public road, that the Township does not,or is not required to- maintain or snowplow the said road, that the Township will not take over or assume the private road as a Township public road or street unless it has been built according to the Township standards, then in force, as that the Township is not liable for any injuries, losses or damages as a consequence of the Township issuing a Building Permit. 2. COVENANTS BY THE TOWNSHIP The Township covenants and agrees as follows: a) That the Township has enacted a By -law to permit a porch addition to the existing home described on the Site Plan. b) That the Township agrees that subject to compliance by the Owner with all relevant Municipal By -laws and Provincial Statutes and Regulations, the Owner may proceed to develop the subject lands, as indicated on the Site Plan attached hereto as Schedule "B`. subject to the development restrictions contained herein. 3. DEVELOPMENT RESTRICTIONS The Parties hereto acknowledge and agree that any use of the subject lands by the Owner shall be on and subject to the following terms and conditions: a) Site Plan The use and development of the subject lands shall be in accordance with and as set out on the Site Plan, attached hereto as Schedule "B ". b) Li htin All lighting systems installed outside, such as floodlights, shall be directed away from any adjacent residential use and /or roadway, not to cause interference in anyway. C) Parking Areas and Driveways All parking areas and driveways shall be constructed, in conformity with Sections 5.19 and 5.20 of By -law No. 97 -95, as amended, and the Ontario Building Code Regulation 0419/86, and such parking areas, loading and access areas shall be kept tree and clear of snow and ice and kept adequately drained. All entrances shall be constructed, as in Schedule "B ", attached. The Owner agrees to obtain all necessary approvals from the Ministry of Transportation, County of Simcoe and Township of Oro - Medonte. d) Outside Storage No outside storage shall be permitted between any buildings on the premises and any street. Any other outside storage shall be contained in the fenced compound, as identified on Schedule "B ". e) Garbage Storage The Owner agrees to provide suitable storage areas for garbage and waste, as shown on the Site Plan, and to install and maintain litter containers in and around development on the lands. All metal scrap and associated refuse contained in the fenced compound shall be removed on a weekly basis. Landscaping The Owner shall complete all landscaping and landscaped areas shown on the Site Plan, attached as Schedule "B ", as soon as weather permits, and all grading and sodding required, according to any Engineering drawings submitted, shall be done on all lawn areas. g) Erosion and Siltation Control The Owner must take all necessary precautions to prevent erosion and sedimentation of ditches and culverts, slopes, etc., within the Site Plan, and downstream prior to and during construction. The Owner agrees to maintain all erosion and siltation control devices in good repair until vegetative cover has been successfully established. 4. DEVELOPMENT CHANGES The parties acknowledge and agree that there shall be no changes to this Agreement or the Schedules attached hereto, unless and until such changes have been approved by all Parties. It is the intention of the parties that material amendments to this Agreement be properly recorded. Such amendments may take the form of a registered Amending Agreement, an unregistered Agreement, exchange of correspondence, Memorandum of Confirmation, or notations on Engineering Drawings. The nature of such record of amendment shall depend on circumstances. 5. SECURITY Prior to signing the Agreement, the Owner will deposit with the Treasurer of the Township, to cover the faithful performance of the obligations of the Owner arising under this Agreement, including but not limited to the construction of the works and services identified in Schedule "D" to this Agreement (the "said Work "), the following securities a) Cash in the amount of one hundred percent (100 %) of the estimated cost of the said work, as approved by the Township Engineer and Township Council, or: b) An irrevocable Letter of Credit from a Chartered Bank, issued in accordance with the requirements of Schedule "E ", with an automatic renewal clause in the amount of one hundred percent (100 %) of the estimated costs of the said works, and as approved by the Township Engineer. The Letter of Credit shall be for a minimum guaranteed period of one (1) year, or such time as the Township decides, and shall be renewed automatically, as necessary, thirty (30) days prior to expiration. c) The Township reserves the right to accept or reject any of these alternative methods of providing securities. Prior to depositing the securities, the Owner's Engineer shall submit an estimate of the cost of the works to the Township Engineer for approval. When the cost estimate has been approved, it will be set out in Schedule "D" of this Agreement and will become the basis for the limits of the securities. d) Any Letter of Credit or security filed with the Township is based upon the estimated cost of completing the various matters prescribed by this Agreement. However, all Letters of Credit and Security received by the Township may be used as security for any item or any other matter which, under the terms of this Agreement, is the responsibility of the Owner, including without limiting the generality of the foregoing, payment of engineering, legal, planning or other costs incurred by the Township, which are the responsibility of the Owner, under the terms of this Agreement. e) Upon written notification by the Owner's agent, certifying that all required works for which the Letter of Credit was submitted have been completed in accordance with the plans_ submitted and upon confirmation by the Township or its agent that the Owner's obligations under. this Agreement have been completed, the Township will return said Letter of Credit. If in the event of default of the Owner under any of the provisions of this Agreement, it becomes necessary for the Township to realize on its security or deposits_, then the Township shall rive, by registered mail, twenty -one (21) day's notice, its intent to draw down on the security or deposit. 6. COMPLIANCE Any action taken by the Township or on its behalf, pursuant to this Agreement, shall be in addition to and without prejudice to any security or other guarantee given on behalf of the Owner for the performance of its covenants and agreements herein, and upon default on the part of the Owner hereunder, the Township shall, in addition to any other remedv available to it, be at liberty to utilize the provisions of Section 325 of the Municipal Act, R.S.O. 1980, Chapter 302, as amended. 7. CO- OPERATION The Owner consents to the registration of this Agreement by the Township, upon the title of the subject lands, at the expense of the Owner and agrees to execute such further and other documents, consents or applications, as required, for the purpose of securing registration and giving effect to the provisions of this Agreement. 8. BINDING EFFECT This Agreement, and everything contained herein, shall be binding upon the successors and assigns of the Parties hereto, and upon the lands described in Schedule "A ", attached hereto, such Schedule being a legal description of the lands, and it is further agreed that this Agreement shall be prepared, approved and registered on title. 9. SEVERABILITY OF CLAUSES Should any Section, Subsection, Clause, Paragraph or Provision of this Agreement be declared by a Court of competent jurisdiction to be invalid, the same shall not affect the validity of the Agreement as a whole or any part thereof, other than the provision so declared to be invalid. - 10. SAVE HARMLESS The Owner, on behalf of itself, its successors and assigns, agrees to indemnify and save harmless, the Township from and against any and all claims, suits, actions and demands whatsoever, which may arise either directly or indirectly by reason of any work or service performed by the Township, its servants or sub - contractors in order to complete the work or services required to be completed under this Agreement, provided the subject matter of such action, suits, claims or demands was not caused intentionally or through gross negligence on the part of the Township, its servants or agents or sub - contractors. IN WITNESS WHEREOF, the Parties hereunto have affixed their respective seals under the hands of their proper officers duly authorized in that behalf. :ii-Gr/ SIGNED, SEALED AND DELIVERED ) ner: lCawrenlce William Tupiing ) } The Corporation of the Township of Oro - Medonte per: eil Craig, Mayor )Marilyn Pe ycook, Clerk ) J SCHEDULE "A" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro- Medonte and Lawrence William Tupling. LEGAL DESCRIPTION OF LANDS Part Lot 6, Plan 546 (formerly South Orillia), being all of PIN #58531 -0344 (Lt), Roll# 4346- 030 -010- 03200 -0000 SCHEDULE "B" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Lawrence William Tupling. SITE PLAN Site Plan is not in a registerable form and is available from the Township of Oro - Medonte. SCHEDULE "C" NOTE: It is understood and agreed that this Schedule forms pan of the Site Plan Agreement between the Township of Oro - Medonte and Lawrence William Tupling. DEEDS AND EASEMENTS TO BE CONVEYED All title documents shall be properly drawn and executed by the parties, with the appropriate Lot or Block Number inserted in the description of the document, and the registered Plan Number shall be left blank, to be inserted by the Solicitors for the panics after the Plan is registered and a Plan Number assigned. The consideration for all conveyances shall be the sum of Two Dollars (57.00) and the cost of preparation, execution and registration thereof, shall be borne by the Owner. All documents to be registered, shall be prior approved by the Solicitor for the Township. The following land and easement shall be conveyed: 1.0 LANDS TO BE CONVEYED TO THE TOWNSHIP N/A 2.0 DRAINAGE EASEMENTS TO EE CONVEYED TO THE TOWNSHIP N/A ir, SCHEDULE "D" NOTE: It is understood and agreed that this Schedule forms part of the Site Plan Agreement between the Township of Oro - Medonte and Lawrence William Tupling. ITEMIZED ESTIMATE OF COST OF CONSTRUCTION ITEMIZE CONSTRUCTION ESTIMATE AMOUNT 2. LETTERS OF CREDIT N/A AMOUNT Letter of Credit to be provided by the Owner N/A to ensure completion of all works required under the terms of this Agreement, as noted in Section 5 herein. (NOT APPLICABLE) SCHEDULE "E" SITE PLAN AGREEMENT — STANDARD FOR THE TOWNSHIP DATE OF ISSUE: NAME OF BANK: ADDRESS OF BANK: LETTER OF CREDIT NO.: "STANDBY" LETTER OF CREDIT IRREVOCABLE LETTER OF CREDIT AMOUNT: $ Except as otherwise expressly stated, this Letter of Credit is issued subject to the Uniform Customs and Practices for Documentary Credits (1993 Revision), being [CC Publication No. UCP 500. TO: THE CORPORA71ON OF THE TOWNSHIP OF ORO- MEDONTE P.O. Box t00, Oro, Ontario, LOL 2X0 We hereby authorize you to draw on the Bank of Ontario, , for the account of $$$$$$$$) up to an aggregate amount of which is available on demand. we, the Bank of Pursuant to the request of our said customer, Ontario, , hereby establish and give to you an Irrevocable Letter of Credit in your iavour, in the above amount, which may be drawn on by you at any time and from time to time, upon written demand for payment made upon us by you, which demand we shall honour without enquiring whether you have the right as between yourself and our said customer to make such demand, and without recognizing any claim of our said customer or objection by them to payment by us. Demand shall be by way of a letter signed by an authorized signing officer of the Corporation of the Township of Oro- Medonte. The original Letter of Credit must be presented to us at: Bank of Ontario, The Letter of Credit, we understand, relates to a Site Plan Agreement between our said customer and the Corporation of the Township of Oro- Medonte, with Mortgage Company, as a third party, regarding subdivision of (properly description) The amount of this Letter of Credit may be reduced, from time to lime, as advised by notice in writing, given to us by an authorized signing officer of the Corporation of the Township of Oro - Medonte. Partial drawings shall be permitted. We hereby agree that partial drawings under this Letter of Credit will be duly honoured upon demand. This Letter of Credit will continue in force for a period of one year, but shall be subject to the condition hereinafter Eel fcnh. It is a condition of this Letter of Credit that it shall be deemed to be automatically extended without amendment, from year to year, from the present or any future expiration date hereof, unless at least thirty (30) days prior to the present, or any future expiration date, we nolity you, in writing, by registered mail that we elect not to consider this Lefler of Credit to be renewable for any additional period. CatEd at Ontario, this day of 20 Authorized Signature Authorized Signature Bank of 0 n of ORp�fQZ TOW T THE CORPORATION Of THE Mr. Larry Tupling 623 Mississaga St. W. Orillia. ON L3V 3C4 RE: Minor Variance Application 2004 -A -36 148 Line 7 S.. Box 100 Oro, Ontario LOL 2X0 Phone (705) 487 -2171 Fax (705)487 -0133 Www oro- medontaca 08 October 2004 Please be advised that no appeals have been received pertaining to the above noted variance application, therefore the decision of the Committee of Adjustment of September 16, 2004 is final and binding. If you have any questions, please feel free to contact the undersigned. Yours truly, _4 Andy Karaiskakis, Acting Secretary- Treasurer, Committee of Adjustment. Cope: D13 file • 0 THE CORPORATION OF THE TO't'`'NSHIP OF ORO- MEDONTE P.O. BOX 100, ORO, ONTARIO, LOL 2X0 (705) 487 -2171 COMMITTEE OF ADJUSTMENT NOTICE OF DECISION Application No. 2004 -A -36 IN THE MATTER OF Section 45 of The Planning Act, R.S.O. 1990, c.P. 13 as amended; and IN THE MATTER OF the Official Plan of the Township of Oro - Medonte; and IN THE MATTER OF Comprehensive Zoning By -law 97 -95, as it applies to the particular application; and IN THE MATTER OF Application 2004 -A -36 submitted by Larry Tupling, owner of Plan 546, East Part Lot 6 (former Township of Orillia); and WHEREAS The applicant is requesting permission from the Committee of Adjustment to recognize a legal non - compliant setback from the high water mark of Bass Lake. If approved, the variance would permit a 26.7 mZ (288 ft2) unenclosed porch with a roof overhang addition on the rear side of the existing dwelling. The proposed unenclosed porch shall be setback approximately 10 metres (33 feet) from the average high water mark of Bass Lake and 1.5 metres (5 feet) from the interior side yard for the west corner of the proposed porch. WHEREAS the subject property is designated "Shoreline" in the Official Plan, and Zoned "Residential Limited Service with Holding Provision (RLS(H)) Zone" under By -law 97 -95; and WHEREAS having had regard to those matters addressed by The Planning Act, in accordance with the rules and procedures prescribed under Ontario Regulation 200/96, as amended, and having considered all relevant information as presented at the public hearing on the 16`h day of September, 2004. PAGE # 2 APPLICATION 2004 -A -36 COMMITTEE OF ADJUSTMENT DECISION BE IT RESOLVED that: Moved by Garry Potter, seconded by Allan Johnson "That the Committee hereby Approve Minor Variance Application 2004 -A -36 as follows: THAT PERMISSION TO EXPAND A LEGAL NON- COMPLYING USE IS GRANTED FOR 31 BARDS BEACH ROAD FOR A 26.75 Mz (288 F-I ) UNENCLOSED PORCH WITH A ROOF OVERHANG TO BE LOCATED AT THE REAR OF THE COTTAGE AND BEING SETBACK APPROXIMATELY 10 METRES (33 FEET) FROM THE AVERAGE HIGH WATER MARK OF BASS LAKE AND 1.5 METRES (5 FEET) FROM THE INTERIOR SIDE YARD FOR THE WEST CORNER OF THE UNENCLOSED PORCH and subject to the following conditions: 1. 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; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report prepared by an Ontario Land Surveyor; 3. That the proposed unenclosed porch with a roof overhang be no closer than 10 metres (33 feet) from the average high water mark of Bass Lake; 4. That the proposed unenclosed porch be no closer than 1.5 metres (5 feet) from the interior side yard for the west corner of the porch; and, 5. That the setbacks be in conformity with the dimensions as set out in the application and by the sketch submitted with the application and approved by the Conmrittee. .....Carried." Additional information regarding this Application is available for public inspection at the Township of Oro - Medonte Administration Centre, 148 Line 7 South in Oro Station, Ontario, Mondav to Friday, between the hours of 8:30 a.m. and 4:30 p.m. • PAGE # 3 APPLICATION 2004 -A -36 COMMITTEE OF ADJUSTMENT DECISION TAKE NOTICE that pursuant to Section 53(19) of the Planning Act, R.S.O. 1990, c.P. 13, as amended, the above decision and/or conditions may be appealed to the Ontario Municipal Board. Only individuals, corporations and public bodies may appeal decisions in respect of applications for consent to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal maybe filed in the name of an individual who is a member of the association or group. THE LAST DATE FOR FILING A NOTICE OF APPEAL IS WEDNESDAY, THE 6`n DAY OF OCTOBER, 2004. A "NOTICE OF APPEAL" setting out in writing the supporting reasons for the appeal should be received on or before the last date for "Appeal" accompanied by a cheque in the amount of ONE HUNDRED AND TWENTY FIVE DOLLARS payable to the MINISTRY OF FINANCE. The notice is to be submitted to the Secretary - Treasurer of the Committee of Adjustment, PO Box 100, Oro, Ontario, LOL 2X0. Members concurring in this decision: Dave Edwards (Chairman) Allan Michelle Lynch Garry Potter DATED this 16'h day of September 2004. kL Lynda Aiken Andv Karaiskakis, Hons. B.A., Acting Secretary- Treasurer Committee of Adjustment 0 0 Township of Oro - Medonte Committee of Adjustment Planning Report for September 16, 2004 Larry Tupling 2004 -A -36 31 Bards Beach Road Plan 546 East Part Lot 6 (Orillia) THE PROPOSAL The applicant is requesting permission from the Committee of Adjustment to recognize a legal non - compliant setback from the high water mark of Bass Lake. If approved, the variance would permit a 26.7 m2 (288 ft2) unenclosed porch with a roof overhang addition on the rear side of the existing dwelling. The proposed unenclosed porch shall be setback approximately 10 metres (33 feet) from the average high water mark of Bass Lake and 1.5 metres (5 feet) from the interior side yard for the west corner of the proposed porch. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation — Shoreline Zoning By -law 97 -95 — Residential Limited Service with Holding Provision (RLS(H)) Zone Previous Applications — AGENCY COMMENTS (space is provided for the Committee to make notes) Simcoe County Public Works - Building Department —The Township Building Dept. has reviewed this application and comment that the application purpose as described not as per construction already started and order to comply #04 -NV2 issued. Engineering Department -No concerns PLANNING FRAMEWORK Background The subject property has a road frontage of approximately 13.4 metres (44 feet), a shoreline frontage of approximately 13.4 metres (44 feet), a lot depth of approximately 38.1 metres (125 feet) and a lot area of approximately 510.95 m2 (5,500 ft2�. The lands currently have a one - storey cottage with an area of approximately 66.88 m2 (720 it ). The applicant is proposing to construct a 26.75 m2 (288 h2) unenclosed porch at the rear of the dwelling being setback approximately 10 metres (33 feet) from the average high water mark of Bass Lake and 1.5 metres (5 feet) from the interior side yard for the west corner of the porch. The existing cottage is located within the 15 metre (49.2 feet) setback limits of the high water mark of Bass Lake. As a result, the applicant's cottage is a legal non - complying use and permission is required from the Committee of Adjustment for expansion to such uses. Section 45 (2) (a) (i) of the Planning Act states that Committee may permit the enlargement of any building or structure where the use of the structure was lawfully used for that purpose prohibited by the by -law on the day the by -law was passed. The existing structure predates the 0 0 passage of the Township's By -law, being November 5, 1997. Applications for expansions of non- conforming uses are guided by the policies set out in Section J2.2 of the Official Plan and not the standard four tests for minor variance applications. Section J2.2 of the Township's Official Plan sets out the following policies to guide the Committee in considering expansions to legal non - conforming uses: a) The size of the extension in relation to the existing operation; b) Whether the proposed extension is compatible with the character of the surrounding area; c) The characteristics of the existing use in relation to noise, vibration, fumes, dust.... and the degree to which any of these factors may be increased or decreased by the extension; and, d) The possibilities of reducing these nuisances through buffering, building setbacks, landscaping, site plan control and other means. The applicant's proposal appears to be reasonable and in keeping with the surrounding residential area and therefore the proposal is considered to conform with the intent of the Official Plan. The primary role of setbacks to Bass Lake is to protect the natural features of the shoreline area and the immediate shoreline. The site inspection revealed that the existing cottage and proposed unenclosed porch addition should not adversely impact surrounding environmental features, as there are no large trees in the general area of the porch, will be setback at least 30 feet from the high water mark, and therefore the proposal is considered to conform with the general intent of the By -law. CONCLUSIONS The requested permission to expand a legal non - conforming use represents a minor expansion that will have little or no impact on the environmental features or functions of the area. 2. The requested expansion to a legal non - conforming use is considered to conform with Section J2.2 of the Official Plan. RECOMMENDATIONS It is recommended that Committee approve Minor Variance Application 2004 -A -36 as follows: THAT PERMISSION TO EXPAND A LEGAL NON - COMPLYING USE IS GRANTED FOR 31 BARDS BEACH ROAD FOR A 26.75 M` (288 FT 2) UNENCLOSED PORCH WITH A ROOF OVERHANG TO BE LOCATED AT THE REAR OF THE COTTAGE AND BEING SETBACK APPROXIMATELY 10 METRES (33 FEET) FROM THE AVERAGE HIGH WATER MARK OF BASS LAKE AND 1.5 METRES (5 FEET) FROM THE INTERIOR SIDE YARD FOR THE WEST CORNER OF THE UNENCLOSED PORCH and subject to the following conditions: 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; 0 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report prepared by an Ontario Land Surveyor; 3. That the proposed unenclosed porch with a roof overhang be no closer than 10 metres (33 feet) from the average high water mark of Bass Lake; 4. That the proposed unenclosed porch be no closer than 1.5 metres (5 feet) from the interior side yard for the west corner of the porch; 5. That the applicant obtains approval and a permit, if required, from the Nottawasaga Valley Conservation Authority; and, 6. That the setbacks be in conformity with the dimensions as set out in the application and by the sketch submitted with the application and approved by the Committee. All of which is respectfully submitted, Andy Karaiskakis Junior Planner Reviewed by, Andria Leigh, MCIP, RPP Senior Planner Township of Oro - Medonte Committee of Adjustment Planning Report for May 17, 2007 Ronald Devitt 2007 -B -09 6126 Line 4North, Concession 4, Part Lot 21(Medonte) THE PROPOSAL The purpose of application 2007 -B -09 is to permit a lot addition /boundary adjustment. The subject land to be added to the adjacent parcel of land, 6156 Line 4 North, is proposed to have a lot frontage onto Line 4 of approximately 199 metres (652 feet), a lot depth of approximately 672 metres (2204 feet), and a lot area of approximately 19.12 hectares (47.26 acres). The land to be retained, 6126 Line 4 North, would have a lot frontage of approximately 49 metres (160 feet), a lot depth of approximately 205 metres (672 feet) and an area of approximately 1.1 hectares (2.74 acres). MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation — Agricultural Zoning By -law 97 -95 — Agricultural /Rural (A /RLD Zone Previous Applications — AGENCY COMMENTS Simcoe County - Public Works - Building Department — Applicant to verify that sewage system meets minimum required setbacks as per Part 8 of the Ontario Building Code. Confirmation of sewage system requirements also applicable to 6126 Line 4 North. Engineering Department - BACKGROUND The applicant is proposing a boundary adjustment to add approxumately 19.12 hectares (47.26 acres) to a neighbouring residential lot that contains a dwelling and detached accessory building, being 6156 Line 4 North. The land to be retained by the applicant would have an area of approximately 1.1 hectares (2.74 acres), which currently contains a dwelling and detached accessom building. No new building lots are proposed to be created as a result of the lot addition. OFFICIAL PLAN The subject lands are designated Agricultural by the Official Plan. Section D2 of the Official Plan contains policies with respect to subdivision of land. Specifically, Section D2.2.2 Boundary Adjustments, provides the following guidance for Consent Applications in general: 'a consent may be pervritted far the purpose of modiyying lot boundaries, provided no new building lot is created... the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the riabili�, of the use of the properties affected ... fandj shall be sati�fied that the boundary adjustment will not affect the viabili'�v of the agricultural parcels affected ". With respect to the application at hand, no new building lots are proposed. Further, the boundary adjustment to convey lands from 6126 to 6156 Line 4 North will not constitute fragmentation of agricultural lands, nor hinder existing or potential farm operations on the subject property. As such, the proposal is generally in keeping with the intent of the Agricultural Designation policies as prescribed by the Official Plan. The resulting lot area of 1.1 hectares for 6126 Line 4 N is appropriate for a residential use in the agricultural designation. ZONING BY -LAW The subject property is currently zoned Agricultural /Rural (A /RU) Zone by Zoning By -law 97 -95. The lot to be enhanced, 6156 Line 4 North, is currently zoned Agricultural /Rural (_z\/RU) Zone. Pending approval of the application, the lot to be enhanced as well as the retained lands would both conform with the minimum lot area and frontage provisions of the A /RU Zone. In addition, the existing dwellings and accessory structures on both the retained and severed lands, would also comply with the setback requirements for such structures in the A /RU Zone. Therefore, the application would comply, with the provisions as prescribed by the Zoning By -law. CONCLUSION The proposed consent application for a lot addition would appear to conform to the policies of the Official Plan, and maintains the use and setback provisions of the Zoning By -law. RECOMMENDATION It is recommended that the Committee grant Provisional Consent to Application 2007 -B -09 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 applicants 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 6956 Line 4 North, and that 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 applicants solicitor provide an undertaking that the severed 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. All of w 'ch is res ectfully sub 'tted, 14A da ozlowski, B.U1Z�L Planner Reviewed by i Glenn White, MCIP RPP Senior Planner 6156 Line 4 N: Existing lot area 110 hectares (2.74 acres) Resulting lot area 19.12 hectares (47.26 acres) 19.12 hectares (2.74 acres) to be added to 6156 Line 4 N. 6126 Line 4 N The resulting 1.10 hectares (2.74 acres) lot area WOO Meters 0 60 120 240 W Z J PETER Hearing Date: Application #: THE CORPORATION OF THE 148 Line 7 S., Box 100 O Oro, Ontario 2X0 Phone (705)487 87 -2171 Fax (705) 487 -0133 OF m / www.oro- edonteca Severance Review �} -7 scJ - a Owner: r�' �3�'` MAS #: 1 Lot #: __. � .__ Plan #: Cone. #: The Township Building Dept. has reviewed this application. • Site inspection required and completed. • Proposal appears to meet minimum standards. Applicant to verify that sewage system meets minimum required setbacks as per Part 8 of the Ontario Building Code. Comments: Wu 'Wtz- 7-o 6 Note: This is not approval for any particular development proposal Respe tl Michae Chief Building Official Ai4V/ 2�I v ' Township of Oro- INIedonte Engineering Department Inspection Report/Comments for Consent L/ Minor Variance Other Committee of Adjustment Meeting Date ) f File No. Name of Address Subject Property �� ` � 1 , D tvtpR 10 /0 1 Keith Mathieson, Director of Engineering & Environmental Services • 0 DEBORAH L. WALL - ARMSTRONG Telephone (705) 722 -7272 Fax )705) 722 -3568 April 26, 2007 TOWNSHIP OF ORO- MEDONTE P.O. Box 100 Oro, Ontario LOL 2X0 Attention: Adam Kozlowski Dear Mr. Kozlowski: Re: Ronald Devitt Application for Consent Pt SETA Lot 21 Concession 4 Oro- Medonte 241 MINET'S POINT ROAD BARRIE, ONTARIO LAN 4C4 I wish to confirm that I have searched Ronald Devitt's parcel and determined that his original 50 acre parcel was created on or about 1911 and the only severance of land from this parcel occurred on May 1, 1987 when 2.74 acres (Parts 1, 2 & 3 on 51R15855) was severed. rs truly, \ \f /I Debora L. Wall- Armstrong • 0 March 22, 2007 The Corporation of the Township of Oro - Medonte P.O. Box 100 Oro, Ontario LOL 2X0 To Whom It May Concern: Please find attached our Application for Consent to Severe, site map and signed consent from the owner for us to act as his agent in this matter. After speaking with Mr. Glen White a planner with the township, on March 19'h, 2007, he advised that we needed to fill out this application even though the situation we are seeking approval for is unique. To summarize, we would like to purchase the 47.26 acre property known as 6126 Line 4 North, which is actually the larger part of an original 50 acre parcel. We currently own the other part of the original 50 acres, a 2.74 acre parcel, known as 6156 Line 4 North. We are not asking for a new severance, but merely to switch the severances, putting the 2.74 severance on the house at 6126 4a' line North and putting the 47.26 severance on the house at 6156 Line 4 North. Both properties are already serviced with water supply and septic systems. There is no farm out buildings on either property. Hopefully this application serves as our request summarized above. Please keep in mind; there are a few blanks on the application. We tried on three occasions to speak with the planning department this week with questions regarding filling out this application, as some of the questions we were unable to answer. No one from the planning department returned our calls. Yours Sincerely. Donna & La Jerry 6156 Line 4 North R.R. # 1 Midland, Ontario L4R 4K3 Phone: 705- 835 -6727 Mar 21 07 08:42a March 21, 2007 • Bluebird- Meadows B &B U 705 -635 -3334 1, Ronald Alvin Devitt, registered owner of the property known as 6126 Line 4 North, Oro - Medonte Township, give permission and consent to Larry and Donna Jerry to act as my agents in the matter of this Application for Consent to Severe and or Boundary Adjustment to the Committee of Adjustment under Section 53 of the Planning Act RSO 1990, for the Township of Oro- Medonte. Dated at this / day of (Town or City) (Day —� ) 2007. (Month) (Signature of Registered (honer) p.2 rECT PROPERTY MAP * Page l of 2 SUBJECT PROPERTY MAP Tue Apr 11 09:00:38 EDT 2006 �h n sj iiN C 1-� LING Pi. PERtn1c -FE (Z-1 19 10 M. Lire ' j� 2 f its r rt U 0 Subject Property Polygon y - SE PT I SyST'E M ❑ Parcel Polygons W - Lx; 1E L L„ 0 Roads n 0 ®100 M. l✓ Railways This map was s been p using plans and documents recorded in the land Registry an E rf Water Limits System and has been preparetl for property indexing purposes only. This is not a Plan of Survey_ For actual dimensions of property boundaries, see recorded plans and _-''"Easement Limits- H 10 Q V documents. Only major easements are shown 9 Subject Property Point Neighbourhood Sales Points i<e misLE h'ai the Oiiiciai Record. Reports. other then the parcel Registe,, obtained ? h,ouilh Geowarehouse are not the official rtvaert record and will not necessarily reflect the ttir=ent status of inierests in ;and. _. :.'t.. oa lnen rtRBtton. Data contained in the Gee_,a repo esc reports o.fe not maiitained :cal -lime. Data cone —mad in reports, oi;:er Register, may be out of date ten business Bags or more tr,cn data coma ined in POLARIS. _ ?af.. - r,fonnation and other products and npr�ices accessed t`vough the Lan {, Re;)isiry information Services are iimired to -:;, n6 =rgls try aff cc's in the areas identified on the ccveraae rtap. of the Sales Kstory Report. Some a ee fitslory Repo c inay be inconiviete due to the amount of data collected rC_ARIS t!tle automation. Subject proper §es n., . _';r. ,-love rill-. °ai consideration or sales price (e.g. $2) in cases such as .. <:er< Lc-wc -en spouses or in tax exempt 11ansfer_'. c fc r n1crinzinion Services, report and .rile;" i c e :t m'idcc- ` = is' and your use is subject to the applicable Legal Term=_ me information cbblined tom the L _ Registry iniomizaon Services is not the officia! government record and will n•al Some r . , ,,rc t Slatus of Mlerests in land. Use of pc _ 6,,a! information csnfamed herein shall rcu e directly to the purpose forwil ch ,%ue.,r� gn ;zind , artistry records ano is subiec el; e,re ;icahia prwacy leoislation in re=spect of personal Ltforinaumt. Such _.,ru .e used for marketing to a nan-n r t'i ioo -L 2. 0 0 Township of Oro- Medonte APPLICATION FOR CONSENT The undersigned hereby applies to the Oro - Medonte Adjustment under Section 53 of the Planning Act, A as described in this application. -7 Application No. 200 13- C 9 Roll No. ;'7 -GS`%G Township Committee of S. 0., 1990, for consent, PLEASE NOTE: The applicant is responsible for posting the notification card on the subject property and for marking the boundaries of the proposed application. The applicant is also responsible for providing a sketch showing complete building /setback information. Failure to do so will result in a delay of the application being considered by the Committee. Location of Subject Lands: Pt SE1 /4 Concession No. 4 Lot(s) 21 Reg'd. Plan No. Lot(s) MAS# 6456- (-Il'lL iw-i !V . — Name of Registered RONALD ALVIN DEVITT Address 6126 Line 4 North Postal Code L4R 4K3 Telephone No.(s) 705- 835 -3720 Length of time property has been owned 23 years. 3. a) Type and purpose of proposed transaction: Conveyance [] creation of new lot addition to a lot boundary adjustment [] technical severance [I Other [] mortgage or charge [] lease [] easement, right -of -way [] correction of title b) Name of person(s) (purchaser, lessee, mortgagee, etc.) to whom land or interest in land is to be conveyed, leased, mortgaged, etc. LARRY WAYNE JERRY and DONNA JAYE JERRY 0 • 2 C) Relationship (if any) of persons named in (3b) to owner (specify nature of relationship) Neiqhbours 4. Description of land intended to be conveyed (severed): Frontage Depth Area 44.52 acres Existinguse residential Proposed use residential Number and use of buildings and structures (both existing & proposed) on the lands to be conveyed: vacant acreage to be merged with Parts Parts 1, 2 & 3 on 51R15855 5. Description of land intended to be retained: Frontage 160' Depth o.o. 2.74 acres 673' Existing use residential Proposed use residential Number and use of buildings and structures on the land to be retained: residential single family bungalow with two car garage 6. Number of new lots (not including retained lot) proposed: None 7. Type of road access (e.g. provincial highway, county road, municipal road - maintained year round, municipal road - seasonal, other public road, right of way, or water) for the proposed lot: Oro - Medonte 4th Line North retained lot: Oro - Medonte 4th Line North 8. Present Official Plan provisions applying to the land: Agriculture - ! 0 9. Present Zoning By -law provisions applying to the land: Aqriculture 10. What type of water supply is proposed? Proposed Lot Retained Lot Municipally owned /operated [] to merge (] Has well agreement with Privately owned /operated xwith lot + adjacent owner where well Individual Well [] that has [] is located Communal Well [] well [] Lake [] [] Other 11. What type of sewage disposal is proposed? Proposed Lot Retained Lot Municipally owned /operated [] to merge [] Has septic System Privately owned /operated [] with lot [] Individual Septic Tank that has Communal Septic Tank [] Septic (] Privy [] [l Other 12. a) Has the owner previously conveyed any land from this holding or has any land been previously conveyed from this holding? Xyes [] no b) If yes, indicate previous conveyance(s) on the required sketch and supply the following information for each lot severed: Grantee's name Donald Malcolm MacDonald & Karen Irene MacDonald Relationship (if any) to owner unknown Date parcel created May 1, 1987 Use of parcel File # residential Decision Severance Granted 13. Has the parcel intended to be conveyed ever been, or is it now, the subject of an application for a plan of subdivision under Section 51 of the Planning Act, R.S.O., 1990, or predecessor? [] yes Xno If yes, indicate file number 4 14. Is the owner, solicitor, or agent applying for additional consents on this holding simultaneously with this application, or considering applying for additional consent in the future? [] yes jib no 15. Is the owner, solicitor or agent applying for/ or ever applied for any minor variance or permission to extend or enlarge under Section 45 of the Planning Act, R.S.O., 1990 in relation to any land that is the subject of this application? p yes )( no If yes, indicate file number 16. Has the parcel intended to be conveyed ever been, or is it now, the subject of an application for an Official Plan Amendment under Section 17 of the Planning Act, R.S.O., 1990, or predecessor? [] yes )Kno If yes, indicate file number 17. Has the parcel intended to be conveyed ever been, or is it now, the subject of an application for a Zoning By -law Amendment under Section 34 of the Planning Act, R.S.O., 1990, or predecessor? p yes I no If yes, indicate file number 18. Is the parcel subject to any easement or restrictive covenants affecting the subject land? X yes [] no 19. If yes, please provide description of the easement or covenant and its effect Hydro Line Easement - North East Corner Name of owner's solicitor or agent LARRY JERRY and DONNA JERRY oA,i,occ 6156 - 4th Line North, RR1, Midland Postal Code L4R 4K3 Telephone 705 - 835 -6727 20. Please specify to which of the following all communications should be sent: [] owner Xagent [] solicitor 0 DATED at the Township/Town /City of Oro - Medonte day of April (Month) I /we Donna Jerry s this 200x. 7 0 (Signature of Applicant, 9- citor, or Mthorized Agent) Township/Town /City of Oro- Medonte in the County Of Simcoe (County, Region) of the solemnly declare that all the statements contained in this application are true, and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. DECLARED before me at the ) in the Ccv•, fy of this a71 "day of April 2000) (Signature of Applicant, SOIL -Aor, or Age t) The personal information on this form is being collected pursuant to the Planning Act, R.S.O., 1990 and will be used in relation to the procession of this consent application. If you have any questions, please ask at the Oro - Medonte Township Office. A Commissioner, etc. Committee of Adiustment Minutes Thursday April 19 2007. 9:30 a.m. In Attendance: Chairperson Lynda Aiken, Member Rick Webster, Member Bruce Chappell, Member Garry Potter, Member Michelle Lynch, Secretary- Treasurer Adam Kozlowski 1. Communications and Correspondence Correspondence to be addressed at the time of the specific hearing. 2. Disclosure of Pecuniary Interest Gr. MEJ�TEEVJNSHif .101 !ON# J� None Declared i I APR 2 5 2007 MEETING: COUNCILG� C. OF W. ❑ Committee of Adjustment -April 19.2007 Page 3. Hearings: 9:30 Albert Kerton 2007 -A -09 Lot 39, Concession 1 3035 Penetanguishene Road (Former Township of Oro) In Attendance: Albert Kerton Motion No. CA070419 -1 BE IT RESOLVED that: Moved by Garry Potter, seconded by Michelle Lynch "Committee grant Variance Application 2007 -A -09 subject to the following conditions: 1. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 2. That all work be completed as per Ontario Building Code Requirements on or before June 1, 2008; 3. 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 -April 19, 2007 Page 2 I, J i 9:40 Colleen & Garth Jay 2007 -A -06 135 Robinson Street Plan 653, Lots 28 & 29 (Former Township of Oro) In Attendance: Drew Applegate, Builder on behalf of applicant Adam Kozlowski, Secretary- Treasurer read letter from Colleen & Garth Jay, dated March 16, 2007 verbatim to Committee and members of the audience. Motion No. CA070419 -2 BE IT RESOLVED that: Moved by Garry Potter, seconded by Rick Webster "Committee refuse variance application 2007 -A -06, as the application is not deemed to be minor" .....Carried." Committee of Adjustment -April t9. 2007 Face -, 9:50 Michael & Cathy MacVittie 2006 -B -24 978 Line 2 South Lot 3, Range 2 (Former Township of Oro) In Attendance: N/A Adam Kozlowski, Secretary - Treasurer, read letter from Zara Walpole, Lawyer on behalf of the Applicants verbatim to Committee and members of the audience. Motion No. CA070419 -3 BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Bruce Chappell "Committee defer Application 2006 -B -24 to determine an alternative legal remedy to the conveyance of a 1 square foot parcel of land to the Township" Carried ". Committee of Adjustment -April 19, 2001 Faoe 4 V 4. Other Business i. Adoption of Minutes from March 8 2007 Special Committee of Adjustment Hearing Motion No. CA070419 -4 Moved by Rick Webster, Seconded by Bruce Chappell "That the minutes for the March 8, 2007 Special Committee of Adjustment Meeting be adopted as printed and circulated .Carried" ii. Adoption of Minutes from March 15 2007 Committee of Adjustment Hearing Motion No. CA070419 -5 Moved by Bruce Chappell, Seconded by Rick Webster "That the minutes for the March 15, 2007 Meeting be adopted as printed and circulated 5. Adjournment Motion No. CA070419 -6 Moved by Bruce Chappell, Seconded by Rick Webster "We do now adjourn at 10:45 am ...Carried." ... Carried." (NOTE: A digital recording of this meeting is available for review.) Chairperson Lynda Aiken Secretary- Treasurer Adam Kozlowski Committee of Adjustment -April 19, 2001 Page 5