Loading...
04 15 1999 C of A AgendaCommittee of Adjustment Agenda • Thursday April 15th 1999. 10:00 a.m. 1. Communications and Correspondence - OACA March 1999 Newsletter 2. Disclosure of Pecuniary Interest 3. Hearings: 10:00 B-4/99 Hans and Linda Neu Con 12, Pt Lot 22(Oro) 10:10 B-5/99 744638 Ontario Ltd. Con 13, Pt Lots 11 and 12 (Oro) 10:30 A-11/99 Meyer Con 14, Pt Lot 1 (Medonte) 10:40 B-6/99 Steiner Con 4, Plan M-112, Lot 2 (Medonte) 5. Decisions 6. Minutes of March 11, 1999 7. Other business 8. Adjournment • Committee of Adjustment Planning Report Apri19,1999 Hans and Linda Neu B-4/99 Conc. I2, Part of Lot 22 (former Oro) The Proposal The applicants are proposing a conveyance to create a new lot. The land to be conveyed has a lot frontage of 68.58 metres (225 feet) and a lot depth of 152.4 metres (500 feet), and a lot area of 1.04 hectares (2.56 acres). Existing use is a tree farm, and the proposed use would be for residential purposes. Policy Official Plan Designation: Zoning By-law: Comments Roads Superintendent: Health Unit: Rural Agricultural/Rural (EP) (ABLJ) & Environmental Protection any future drive to be at the north end of the lot. Planning Department Comments Background The applicants have applied for a severance to separate the existing residence from the remainder of the property. Official Plan The subject property is designated Rural in the Official Plan. The intent of this designation is to preserve the character of the rural area and maintain the open countryside. In considering a severance on this property it is necessary to review the policies in Section D3.3.1. n LJ 1 • In reviewing this property there does not appear to have been a residential severance since March 26, 1973. The subject property is 45 hectares (111 acres) in size and therefore meets the minimum size requirement to qualify for a severance. The proposed lot is 1.04 hectares (2.56 acres) which is within the minimum 0.4 hectare (0.988 acres) area and the maximum 1.0 hectare (2.47 acres) area. The proposed lot has an existing driveway on Line 12 South which is a year round maintained Township road. The Roads Superintendent has also indicated he has no concerns with the proposed location. Confirmation is still required from the Health Unit that sufficient area is available on the property for both the existing septic and a replacement area. Subject to favourable comments from the Health Unit, the application is deemed to generally comply with the Official Plan. Zoning By-law The subject property is zoned AgriculturaURura1 (A/RL7) and Environmental Protection (EP) in Zoning By-law 97-95. The proposed severed lot would not impact the Environmental Protection (EP) Zone. The lot would comply with the minimum • requirement for the Rural Residential Two (RUR2) Zone and the lot would have to be rezoned to this classification. Recommendation That application B-4/99 be approved subject to the standard conditions of approval and the rezoning to the Rural Residential Two (RUR2) Zone. 2 Committee of Adjustment Planning Report April9,1999 Dwight and Audrey Evans B-S/99 Cones 13, Part of Lot 11 & 12 (former Oro) The Proposal The applicant is proposing a conveyance to create a new lot, for an existing single detached dwelling. The land to be conveyed has a lot frontage of 91.44 metres (300 feet) a lot depth of 91.44 metres (300 feet), and a lot area of 0.84 hectares (2.08 acres). The proposed severance would be used for a single detached dwelling. Policy Official Plan Designation: Zoning By-law: • Comments Roads Superintendent: Health Unit: Agricultural Agricultural/Rural (A/RII) Require 3 metre (9.8 feet) road widening Planning Department Comments Background The applicants are proposing to sever a lot with an existing residence from a property which currently has two dwellings. Official Plan The subject property is designated Agricultural in the Official Plan. The intent of this designation is to preserve the character of the Agricultural Community and protect the Agricultural Resource Base. The applicants have a property which currently has two dwellings which were legally constructed in accordance with the former Township of Oro Official Plan and existed on February 5, 1997 when the new Oro-Medonte Official Plan was adopted. 1 • In reviewing the assessment history of the subject property (attached) the original dwelling was constructed in 1900 and was replaced in 1994 with a new dwelling after a fire. The dwelling proposed to be severed was constructed in 1969. In order to determine conformity with the Official Plan, Section D.2.3.3 paragraph two must be reviewed and satisfied. Upon inspection, the proposed severed lot appears to be in the most suitable area not to affect the agricultural operation of the property. There is no issue with respect to distance to a neighbouring barn as all barns are a minimum of 213 metres (700 feet) from the proposed lot. The proposed lot fronts onto Line 13 North which is a Township Road maintained on a year round basis. There are existing driveways to both the severed and retained lots. The Roads Superintendent has no concerns relating to traffic hazards from the driveways; however he does require a 3 metre (9.8 feet) road widening along Line 13 for possible future road construction. Confrmation is still required from the Health Unit regarding the septic system and the suitability of the proposed lot size. The Committee should clarify with the applicant if the well is on the proposed lot or if it is a shared well with the farm property. If it is a shared well a copy of an agreement permitting the shared use is required. • As indicated on the applicant's sketch the proposed lot includes the house and septic bed area and complies with the minimum 0.4 hectare (0.988 acres) size requirement of the Agricultural/Rural (AlRU) Zone. Subject to favourable comments from the Health Unit, the application is deemed to generally conform with the Official Plan. Zonine By-law The subject property is zoned AgriculturaURura1 (A/RU) in Zoning By-law 97-95. The proposed lot meets the minimum lot size requirement for a detached dwelling in this zone. The retained lands also meet the minimum lot requirements for an agricultural use. Recommendation That Application B-5/99 be approved subject to the standard conditions of approval and the 3 metre (9.8 feet) road widening required by the Roads Superintendent. 2 ~ Permit List Roll # 46010005188000000 Name 744638 ONTARIO LTD Address C/O DWIGHT EVANS I SUNSET CRES ORILL[A ON L3V 6H2 Permit # 0401-94 Issue Date 12/7/94 Type Code SFD Applicant AUDREY EVANS Contractor 0353-94 Issue Date 10/21/94 Type Code SFDDEM Applicant AUDREY EVANS . Contractor 0161-83 Issue Date 11/1/83 Type Code SFDREN Applicant D DAV[S Contractor • Friday, April 09, 1999 The Township of Oro-Medonte Legal Description CON 13 E PT LOTS t t & 12 MunicipalAddress 848 LINE 13N Status COMPLETE Fee $770.00 Value $105,500.00 Comments NOTE - NO INSPECTION FOOTINGS FOR POSTS OF DECK Status O/S Fee $40.00 Value $0.00 Comments DEMOLISH SFD Status CANCEL Fee $15.00 Value $500.00 Comments SEE BP#353/94 DEMOLITION PERMIT Page 1 of t ~ Building Report Roil # 010-005-18800-0000 Name 744638 ONTARIO LTD Address C/O DWIGHT EVANS 1 SUNSET CRES Town and Province ORILLIA ON Legal Description CON 13 E PT LOTS 11 & 12 L3V 6H2 The Township of Oro-Medonte Municipality 46 Oro Occupancy Status O Municipal 848 LINE 13N Address Building # 1 Full Story 1 Fuli Baths 1 Structure Code 30 Part Story 3 Half Baths 0 Construction Code D/C Hieght Effective Date 4/13/1905 Number of Bedrooms 2 Quality 5.5 Split Number of Fireplaces 0 Shape B Gross Area 1523 Heating FA Org Construction Total Basement 743 Air Conditioning Year Built 1900 Finished Basement Area 0 Garage Type P Year Built code R Finished Basement Type Garbage Spaces 0 Condition A Description Building # 2 Full Story 1 Full Baths 1 Structure Code L_.3f11-F Part Story 0 Half Baths 0 Construction Code D/C Hieght Effective Date 5/22/1905 Number of Bedrooms 3 • Quality 6 Split Number of Fireplaces 0 Shape A Gross Area 1156 Heating FA Org Construction Total Basement 1156 Air Conditioning Year Built 1969 Finished Basement Area 0 Garage Type P Year Built code Finished Basement Type Garbage Spaces 0 Condition A Description Building # 3 Full Story 1 Full Baths 0 Structure Code 275 Part Story 0 Half Baths 0 Construction Code Hieght Effective Date 1/7/1900 Number of Bedrooms 0 Quality 4 Split Number of Fireplaces 0 Shape Gross Area 0 Heating Org Construction Total Basement 0 Air Conditioning Year Built 1940 Finished Basement Area 0 Garage Type Year Built code E Finished Basement Type Garbage Spaces 0 Condition F Description Building # 4 Full Story 1 Full Baths 0 Structure Code 203 Part Story 0 Half Baths 0 Construction Code Hieght Effective Date 1/7/1900 Number of Bedrooms 0 Quality 5 Split Number of Fireplaces 0 Shape Gross Area 0 Heating Org Construction Total Basement 0 Air Conditioning Year Built 1900 Finished Basement Area 0 Garage Type Year Built code E Finished Basement Type Garbage Spaces 0 Condition F Description Friday, April 09, 1999 Page 1 of 2 ~ Building Report The Township of Oro-Medonte Roll # 010-005-18800-0000 Municipality 46 Oro Name 744638 ONTARIO LTD Occupancy Status O Municipal 848 LINE 13N Address C/O DWIGHT EVANS Address 1 SUNSET CRES Town and Province ORILLIA ON L3V 6H2 Legal Description CON 13 E PT LOTS 11 & 12 Building # 5 Full Story 1 Full Baths 0 Structure Code 203 Part Story 0 Half Baths 0 Construction Code Hieght Effective Date 1/8/t900 Number of Bedrooms 0 Quality 4 Split Number of Fireplaces 0 Shape Gross Area 0 Heating Org Construction Total Basement 0 Air Conditioning Year Built 1950 Finished Basement Area 0 Garage Type Year Built code E Finished Basement Type Garbage Spaces 0 Condition F Description Rnday, Apnl 09, 1999 Page 2 of 2 • Committee of Adjustment Planning Report April 9,1999 Hans and Doris Meyer A-11/99 Conc. 14, Part Lot 1, (former Orillia) The Proposal Relief is requested from the maximum height requirement of 4.5 metres (14.7 feet) to 5.7 metres (18.7 feet) in order to allow for the clearance for a tractor trailer. Relief is also required for the location of the garage to be located in the applicant's front yard, 3.3 metres (1 l feet) from the existing road allowance. (townline) Policy Official Plan Designation: Zoning By-law: Comments . Roads Superintendent: Health Unit: Planning Department Comments Agricultural Agricultural/Rural (A/RU) 1. Does the variance conform with the general intent of the Official Plan? The subject property is designated Agricultural in the Official Plan. The general intent of the Agricultural designation is to protect the agricultural character of the area. As the proposed variance is for a garage it is deemed to generally comply with the intent of the Official Plan. 2. Does the variance conform with the general intent of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) in Zoning By-law 97-95. The intent of the Zoning By-law is to establish setbacks to maintain the character of the rural area. The proposed variance would permit an accessory building, which would exceed the maximum height requirement and would be located in the front yard as defined by Zoning By-law 97-95. The applicant's intent is to construct a building with oversize doors for a tractor and truck. The property is a triangular shape and two sides of the property are abutting roads. In reviewing the applicant's survey the only possible 1 • location for this garage is where it has been proposed which has the least impact on neighbouring properties. 3. Is the variance desirable for the appropriate development of the lot? The Committee should satisfy itself that the additional height is necessary and that there is no other option available regarding construction of the garage. Confirmation is also required from the roads superintendent that the location of the proposed garage will not impact the sight lines. If the applicant wishes a new entrance onto the Townline he would have to apply to the Township of Severn. 4. Is the variance minor in nature? The variance is considered minor in nature on the basis that the property is a large rural lot and would ensure outdoor storage is contained within a building. Recommendation That application A-11/99 be approved subject to the standard conditions of approval. • • 2 • Committee of Adjustment Planning Report April 9, 1999 Ivan and Ivetta Steiner B-6/99 Conc. 4, Lot 2, Plan M-112 (former Medonte) The Proposal The applicant is proposing a conveyance to create a new lot, for a single detached dwelling. The land to be conveyed has a lot frontage of 60.96 metres (200 feet), a lot depth of 60.96 metres (200 feet), and a lot azea of 3716 square metres (40,000 squaze feet). Policy Official Plan Designation: Zoning By-law: • Comments Roads Superintendent: Health Unit: Agricultural and Groundwater Recharge Area Rural Residential Two Exception 5 (RUR2*5) Future drive to be on Amantacha Court Planning Department Comments Background The applicants are proposing to sever a parcel of land for residential purposes and will retain a parcel of land containing the existing dwelling. Official Plan The subject property is designated Agricultural with a Groundwater Recharge Area Overlay in the Official Plan. The intent of this designation is to maintain the open countryside and preserve the agricultural character of the area. The groundwater recharge area is intended to ensure that the quality and quantity of water is available for drinking water purposes. 1 • Section D2.3 outlines the policies for severance in the Agricultural designation; subsections D2.3.2 and D2.3.3 indicate the requirements for new lots for residential purposes. D2.3.2.2 defines an infilling lot as "a lot that is located between two existing residences that are situated on the same side of the road and are not more than 100 metres apart" As the existing dwellings are not shown on the plan submitted with the application it cannot be verified i£ the proposed lot meets the definition of an infilling lot. Section D2.3.3 sets out the conditions for creating an infilling lot. D2.3.3 (a) requires that the lot from which the new lot is proposed to be created must have an azea of at least 36 hectares (89 acres) or is the whole of an original Township lot. The application as proposed would not appear to satisfy this requirement. The proposed lot is to be 0.37 hectazes (0.91 acres) which does not meet the minimum lot size requirement. The application does not appear to conform with the policies of the Official Plan. ZOnInE By-law The subject property is zoned Rural Residential Two Exception 5 (RUR2*5) in Zoning By-law 97-95. As the applicants are proposing to sever a lot of 0.37 hectazes (0.91 acres) • which is below the minimum lot area requirement of 0.4 hectares (0.99 acres) and therefore would not appear to comply with the Zoning By-law. Recommendation That application B-6/99 be denied, as it does not comply with Section D2 of the Official Plan. 2 • Committee of Adjustment Planning Report April 19,1999 Hans and Doris Meyer A-11/99 Cones 14, Part Lot 1, (former Orillia) The Proposal Relief is requested from the maximum height requirement of 4.5 metres (14.7 feet) to 5.7 metres (18.7 feet) in order to allow for the clearance for a tractor trailer. Relief is also required for the location of the gazage to be located in the applicant's front yard, 3.3 metres (11 feet) from the existing road allowance. (townline) Policy Official Plan Designation: Zoning By-law: Comments • Roads Superintendent: Health Unit: Planning Department Comments C Agricultural Agricultural/Rural (A/RU) 1. Does the variance conform with the general intent of the Official Plan? The subject property is designated Agricultural in the Official Plan. The general intent of the Agricultural designation is to protect the agricultural chazacter of the area. As the proposed variance is for a gazage it is deemed to generally comply with the intent of the Official Plan. 2. Does the variance conform with the general intent of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU) in Zoning By-law 97-95. The intent of the Zoning By-law is to establish setbacks to maintain the character of the rural azea. The proposed variance would permit an accessory building, which would exceed the maximum height requirement and would be located in the front yazd as defined by Zoning By-law 97-95. The applicant's intent is to construct a building with oversize doors for a tractor and truck. The property is a triangulaz shape and two sides of the property aze abutting roads. In reviewing the applicant's survey the only possible • location for this garage is where it has been proposed which has the least impact on neighbouring properties. 3. Is the variance desirable for the appropriate development of the lot? The Committee should satisfy itself that the additional height is necessary and that there is no other option available regazding construction of the garage. Confirmation is also required from the roads superintendent that the location of the proposed garage will not impact the sight lines. If the applicant wishes a new entrance onto the Townline he would have to apply to the Township of Severn. 4. Is the variance minor in nature? The variance is considered minor in nature on the basis that the property is a large rural lot and would ensure outdoor storage is contained within a building. Recommendation That application A-11/99 be approved subject to the standard conditions of approval. Decision • Moved by, Allen Johnson seconded by, Ken Robbins ~- "That the Cormittee hereby GRANT Minor Variance Application A-11/99 subject to the following conditions: 1. That a sketch of survey/real property report prepazed 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. Carried......" • z ' BUILbiNG LOC,~TIOPI SUR~/EY OF - ~ PARt 0~' ~`-~T ~ g CONCESSION 14 • TOWPIS~IP OF MED~NTE COUNTY OF SIMCOE SCAtE: t INCN ~ 60 FEET PAUL R. ~{ttCb1EN SURYEYINO ITD. \ is~o ~~ F~A.Y~ ; PLtaM ~:R-6.^O1 1 sls Q }~ SINE i• rosar ~~ 'f" TWEEN a • \ C\/~\ \ / I_ ~ i ~~ ;A15;. iV" ;;g5?3~8 i 9N0 2 C ~ C~ n ~ ~~ v' Sl.91' w o, +,9• 19TORf7 ~ FR. HOVlf 6UM. SIOINO O ,. v~ , rrroa4R. a, ~ ~;:~ O a' ~~ofcK 4e.~v :: ~~ lv ~ ES ~ rJ~' - h • IENO • otROru uomRlfrrr Fotno •--- Derara roRrRetMr ntMrm N. E. CORNER l07 I .CON. I' ~s ~ e.3 ~~ ~ ~ ~, ~' m;~ ~~ z `~ o~ mtw v^~ Dm ~^ `•' ~t s ~o e loser J J 0: 0 z n e RalrXeo'f es.oo' u - - osss ~ Z a w Z e o, W ~i.. O ~ a_ Fj z ~ ,, 3 o ~ ' PRs Pe D Lj (341~DVtA~i-L w W 3 ~ h `` ~~ ~J ? ~J a. ~~ bw ei wens ~, n N 0 A n_ : v Q z A A V = J ~~ c~ ~~ .n • ~ ~~ V `~ ~ J~ -v s n .~ c ~ G~ `~ O ~a Ions, J Q D Q O __ ~ s 16 _ --- loess 004-21 901 004-21902 004-21903 004-21900 004-22000 004-22001 004-22900 ,n~EC- FRar, ~. I • • Committee of Adjustment Planning Report April 19, 1999 (Revised) Ivan and Ivetta Steiner B-6/99 Conc. 4, Lot 2, Plan M-112 (former Medonte) The Proposal The applicant is proposing a conveyance to create a new lot, for a single detached dwelling. The land to be conveyed has a lot frontage of 60.96 metres (200 feet), a lot depth of 60.96 metres (200 feet), and a lot area of 3716 square metres (40,000 squaze feet). Policy Official Plan Designation: Zoning By-law: • Comments Roads Superintendent: Health Unit: Agricultural and Groundwater Rechazge Area Rural Residential Two Exception 5 (RUR2*5) Future drive to be on Amantacha Court Planning Department Comments Background The applicants aze proposing to sever a pazcel of land for residential purposes and will retain a parcel of land containing the existing dwelling. Official Plan The subject property is designated Agricultural with a Groundwater Recharge Area Overlay in the Official Plan. The intent of this designation is to maintain the open countryside and preserve the agricultural chazacter of the area. The groundwater recharge area is intended to ensure that the quality and quantity of water is available for drinking water purposes. 1 • Section D2.3 outlines the policies for severance in the Agricultural designation; subsections D2.3.2 and D2.3.3 indicate the requirements for new lots for residential purposes. D2.3.2.2 defines an infilling lot as "a lot that is located between two existing residences that are situated on the same side of the road and are not more than 100 metres apart" As the existing dwellings are not shown on the plan submitted with the application it cannot be verified if the proposed lot meets the definition of an infilling lot. Section D2.3.3 sets out the conditions for creating an infilling lot. D2.3.3 (a) requires that the lot from which the new lot is proposed to be created must have an area of at least 36 hectares (89 acres) or is the whole of an original Township lot. The application as proposed would not appear to satisfy this requirement. The proposed lot is to be 0.37 hectazes (0.91 acres) which does not meet the minimum lot size requirement. The application does not appear to conform with the policies of the Official Plan. Zoning By-law The subject property is zoned Rural Residential Two Exception 5 (RUR2*5) in Zoning By-law 97-95. This exception requires a minimum lot area requirement of 0.8 hectares (1.9 acres). The applicants are proposing to sever a lot of 0.37 hectazes (0.91 acres) which is well below the minimum lot azea requirement and therefore would not appear to comply with the Zoning By-law. Recommendation That application B-6/99 be denied, as it does not comply with the Official Plan or Zoning By-law. Decision Moved by, Ken Robbins seconded by, Dave Edwards "That the Committee hereby DENY Application B-6/99 as the application does not conform with the Official Plan and the Zoning By-law, and it would set a precedent for future consents in the subdivision. .....Carried 2 • • • 2 Mr T? C A s QiM~TlYf it _ sr __- rf jj~~ O d~ \ ` 4N S~ J M ys•27'20'E tC0' 1LL D.Idt Mlq KIU w2e'S~\~µ.~p' v' PLAN OF Si E,QST 1/2 TI~WNSHIF C~JUNTY o1 Rodney C. Rc Sc~~e ~ i" • l00~ i.~?~a , . Committee of Adjustment Planning Report April 19, 1999 Dwight and Audrey Evans B-5/99 Conc. 13, Part of Lot 11 & 12 (former Oro) The Proposal The applicant is proposing a conveyance to create a new lot, for an existing single detached dwelling. The land to be conveyed has a lot frontage of 91.44 metres (300 feet) a lot depth of 91.44 metres (300 feet), and a lot area of 0.84 hectares (2.08 acres). The proposed severance would be used for a single detached dwelling. Policy Official Plan Designation: Agricultural Zoning By-law: Agricultural/Rural (A/RU) • Comments Roads Superintendent: Require 3 metre (9.8 feet) road widening Health Unit: no objections Planning Department Comments Background The applicants are proposing to sever a lot with an existing residence from a property which currently has two dwellings. Official Plan The subject property is designated Agricultural in the Official Plan. The intent of this designation is to preserve the character of the Agricultural Community and protect the Agricultural Resource Base. The applicants have a property which currently has two dwellings which were legally constructed in accordance with the former Township of Oro Official Plan and existed on February 5, 1997 when the new Oro-Medonte Official Plan was adopted. • 1 • In reviewing the assessment history of the subject property (attached) the original dwelling was constructed in 1900 and was replaced in 1994 with a new dwelling after a fire. The dwelling proposed to be severed was constructed in 1969. In order to determine conformity with the Official Plan, Section D.2.3.3 paragraph two must be reviewed and satisfied. Upon inspection, the proposed severed lot appears to be in the most suitable area not to affect the agricultural operation of the property. There is no issue with respect to distance to a neighbouring bam as all barns aze a minimum of 213 metres (700 feet) from the proposed lot. The proposed lot fronts onto Line 13 North which is a Township Road maintained on a yeaz round basis. There are existing driveways to both the severed and retained lots. The Roads Superintendent has no concerns relating to traffic hazards from the driveways; however he does require a 3 metre (9.8 feet) road widening along Line 13 for possible future road construction. Confirmation is still required from the Health Unit regarding the septic system and the suitability of the proposed lot size. The Committee should clarify with the applicant if the well is on the proposed lot or if it is a shazed well with the farm property. If it is a shazed well a copy of an agreement . permitting the shared use is required. As indicated on the applicant's sketch the proposed lot includes the house and septic bed area and complies with the minimum 0.4 hectare (0.988 acres) size requirement of the Agricultural/Rural (A/RU) Zone. Subject to favourable comments from the Health Unit, the application is deemed to generally conform with the Official Plan. Zonine By-law The subject property is zoned Agricultural/Rural (A/RU) in Zoning By-law 97-95. The proposed lot meets the minimum lot size requirement for a detached dwelling in this zone. The retained lands also meet the minimum lot requirements for an agricultural use. Recommendation That Application B-5/99 be approved subject to the standard conditions of approval and the 3 metre (9.8 feet) road widening required by the Roads Superintendent. 2 • Decision Moved by, Ken Robbins seconded by, Dave Edwazds "That the Committee hereby GRANT Application B-5/99 subject to the following conditions: 1. That the Simcoe County District Health Unit approve of the application, in writing. 2. That the applicant pay to the Municipality the sum of $500 for each lot to be created as "cash-in-lieu of parkland" pursuant to The Planning Act, R.S.O. 1990, c.P.13. 3. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary 4. That three copies of deeds be submitted to the Committee Secretary to be stamped using Fonn 2 as prescribed in the Planning Act. 5. That all Municipal taxes be paid to the Municipality. 6. That the conditions of consent imposed by the Committee be fulfilled within one yeaz from the date of the giving of this notice. 7. That the applicant apply for and obtain a rezoning to the appropriate residential zone. • 8. That the applicant provide the Township with a deed for a three metre road widening for the severed lot." .....Carried. 1 3 ~ - ~ ~ ~~ ~ 11700 X05-78500 0 0 0 o 00 ioo 0 o 0 o cn cn cn cn o m ~ j l ! 005- ~ ~ O __ +O~tT _ V d _ V o r O c o r a 005- 7 1 400 I 005-18600 - `~ !~ p~ nnrv~~Ei', R:+AD 005-18707 18702 005- 005-08710 - 005-11300 _ _ 0 0 w c°n 005-78700 005-2' DD5-08700 ~ N N o `- _ _ N i 005 -71100 005-11200 ' _ 005- 1 Pl~vosco '' Low s -03000 005-71000 005-18800 '1(vI I 005-08900 "CON '~xIII '~ ~ ~ T ~1 2 ~ z 005- i 0900 ~, J 1 005-78900 005-2 005-79000 005-2t 005-197 005-2C XII 1 3 CON XII I 005-1 0800 _O. 3 ~5` C 005-09001 I ~_~ 005-0900D 005-10600 ~ 005-10700 005-19200 i .005-19400 ~ 005 XI ~ ~ 1 4 ~ CON IXI I I G''-'u 4 I i I I ~~ eDS-7 0 00~ - - -~- oos-DStoo 005-10500 CON ~I I i 7I _~%35 5 0 ,r ~ P..f.r 41 iC1- i yy I ~ 9 . ~l i y~~~.' ~. ,~.;_ _ ~= _ 1 1 ICIIIIQI p ~ ^aa nvv~+sv~^vv..-.. ...~.....~.~+.._ . .,: +` S -. a 4 v v x 'fit{ 2 h 5 ~ ': 1 -~'4 . • -CUSTOMER '~n~.~';. ~': ,.t.~°~ ~t3 s;~ ~:- t-~ r x ' ADDRESS s ~ -htS t. ~,rr•P~ ~..~ `kYC ~x~P r•.-~:- ,~~' m ` • t '"^~ ~. x,.~ 3S~ y '=i : . . . 2is . ~ r.. r ~ ~ . ~ -' ~~::. ~~' k- ,,,. r. ~ - .; r. ovz ,: - ,,.~ =.~., G- __ . ,a a , PROJECT i -},- ~ ,PARTICULARS `.-'.~„~,<. "~'. `:~ti1.... ~ _°:.s -. ~ =rs` r; ~' - . , u . ~ ._::.: ' . ..' ' _ F.: ~ ~ ~ '-. ,r1 '":Y rte ^. I q.: _ ' ., p 1 a i } U ' .d a >a n s rt ~ ~vl i ~z. _. :o _ ~~ .nom ~x rte, f .. ~1f a ~. r ~ - _. I a. 1 ~= .y -.. .. x > ~ ~ ~ ~ '-' _ _ =CS .. i F . ~ ~ i i i i ' , . ` Sr` -s~ .- e s , ~ l . ~_ - ~: _ OFF -i ., - ~ ..o _ .c ..: :' ~ .. ~ ~ ' , _ _ ~ ~ ~?_ +,~' . ~~ 1 , _ :. '.5 v v ~ ' '-?. . X = -~ ~ ~5 ~- - - ----=-- - -- ----- - ~ _17_$___-- ~ ' ~ d I 7,S ~ ~ I I 7,~ ~ ~ i ', ~ ~ '71 ~ ~ f ___ - -- -- _-- - --- ~ i ~7 ~0 7 ~ ~ i 1~ -_ --- -- _ / _-_---~0~/ ~ _ __ i _ - ~ _ - -... _ - - I ~ __~~~ - ~ ~ ~ ~ - ~ it • Committee of Adjustment Planning Report April 19, 1999 Hans and Linda Neu B-4/99 Conc. 12, Part of Lot 22 (former Oroj The Proposal The applicants aze proposing a conveyance to create a new lot. The land to be conveyed has a lot frontage of 68.58 metres (225 feet) and a lot depth of 152.4 metres (500 feet), and a lot area of 1.04 hectazes (2.56 acres). Existing use is a tree farm, and the proposed use would be for residential purposes. Policy Official Plan Designation: Zoning By-law: • Comments Roads Superintendent: Health Unit: Rural Agricultural/Rural (EP) any future drive to be at the north end of the lot. no objections (A/RU) & Environmental Protection Planning Department Comments Background The applicants have applied for a severance to sepazate the existing residence from the remainder of the property. Official Plan The subject property is designated Rural in the Official Plan. The intent of this designation is to preserve the character of the rural area and maintain the open countryside. In considering a severance on this property it is necessary to review the policies in Section D33.1. • 1 • In reviewing this property there does not appear to have been a residential severance since March 26, 1973. The subject property is 45 hectares (111 acres) in size and therefore meets the minimum size requirement to qualify for a severance. The proposed lot is 1.04 hectazes (2.56 acres) which is within the minimum 0.4 hectare (0.988 acres) area and the maximum 1.0 hectaze (2.47 acres) area. The proposed lot has an existing driveway on Line 12 South which is a year round maintained Township road. The Roads Superintendent has also indicated he has no concerns with the proposed location. Confirmation is still required from the Health Unit that sufficient azea is available on the property for both the existing septic and a replacement azea. Subject to favourable comments from the Health Unit, the application is deemed to generally comply with the Official Plan. ZOnInE By-law The subject property is zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) in Zoning By-law 97-95. The proposed severed lot would not impact the Environmental Protection (EP) Zone. The lot would comply with the minimum • requirement for the Rural Residential Two (RUR2) Zone and the lot would have to be rezoned to this classification. Recommendation That application B-4/99 be approved subject to the standard conditions of approval and the rezoning to the Rural Residential Two (Ri 1R2) Zone. Decision Moved by, Dave Edwards seconded by, Allan Johnson "That the Committee hereby GRANT Application B-4/99 subject to the following conditions: 1. That the Simcoe County District Health Unit approve of the application, in writing. 2. That the applicant pay to the Municipality the sum of $500 for each lot to be created as "cash-in-lieu of parkland" pursuant to The Planning Act, R.S.O. 1990, c.P.13. • 3. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary 2 . 4. That three copies of deeds be submitted to the Committee Secretary to be stamped using Form 2 as prescribed in the Planning Act. 5. That all Municipal taxes be paid to the Municipality. 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of this notice. 7. That the applicant apply for and obtain a rezoning to the appropriate residential zone. 8. That a development chazges fee be paid to the Township in the amount determined by Council as of the date the fee is received by the Township." .....Carried. 3 Acres • ~O C --~-- I _G 11 V ~-1 I-K 300.0' SET_ +-i ~ ., ~.fl ~fL(iC/f t~ o/ ~ 2 ~ ~°L s1,1' S5~ 4v,- 1 ~ ~~ I NI S&L6. I ~ O I_ C .Z . ~. I ~ ~J _J , i. z r'' ~ ~ ~~. - ~,~~ ,, `.i J '-' ' Q /~ _- H/~ ~_..- ~-I NO USA -;-- ~ L ~ ~ L.) .~~ s I ~ Zi °~\y~\~ ~ ~5 1 ~ ! 5.t.e. ~ 2y ` ~~3~ ~ ~ ~~ _ 45_) 1500.0'(OLAN 6531 ~ `\ J~ ~\ ~~~ NCE UNE -~--~-~-(- ~~ ~ ~ ~ I I I I , ~ ~ ~ ~° ~ ~ I i I I i ~` ~` ~ ~ I I I I I~~\ ~~ ~ ~ I n ~?di<~ (~ 512' j2F.'~21\9.'.'\_'; ~~ I`" I I I 1 \ I i ~ I \~ 15 Ib ,r I Z- N51°90'40"E v~ 19.06' FENCE -_ s ° ~- w_. o.o_ o'f A=242.16' o R=378.5 - £ m CN: 238.06' ;9° LN 29°02'45'E A i '4a. ~n.\ Mpa~ ~pS ER ,_- in N ' ~, C' i -_ LAKE SIMC4E ~ATiS G L1NDA NEU 504 LIxF 22 SOVTN RR3 C6NP G24 HAS~iK~STaNE ON LOL 1Tfl i1n3) 48~- 33ao PRnpOSED PLAN FOR SEVrRANCL cOrs 12 S PT ioT 22 N~ PT L? 2 3 MBrsk~ ,l , 1 999 ,~ - i ~=- 010 -44300 i~ ' '' ~ - ~ - ~--. ~--, ~ ~~ ~ ~~ PROPo sGD _ SE~cMNCE i~ i ~ -~ --e A ~ L \ _ V ~~ ~ 1t n e ._ \ ~ \9 ~ \ \ - ' e ~ Ie ~ ~' S et a e ~ n. `~ :\\L V ~~ ~ ~ ~ 3