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07 19 2007 C of A MinutesGommittee of Adjustment Minutes ~~~` - Thursday Juiy 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 IP F~10TION~ S! None Declared. AUG 1 5 2007 MEETING: COUNCIL C. OFW. Committee of Adjustment-JULY 19, 2007 Page 1 3. Hearings: ~ r'' ~~ '~ 9:30 2007-B-10 972580 Ontario Inc. Plan 51 R-27093, Parts 1 8~ 3 1555 Highway 11 North (Former Township of Oro) In Attendance: Gerardo Mascioli, Applicant Secretary-Treasurer Adam Kozlowski read correspondence received from Asia Polus, Ontario Ministry of Transportation, dated July 13, 2007 verbatim to the Committee and audience. Motion No. CA070719-1 BE IT RESOLVED that: Moved by Rick Webster, seconded by Michelle Lynch "Committee defer Application 2007-8-10 until such time that comments are received and issues resolved from the Nottawasaga Valley Conservation Authority and Ontario Ministry of Transportation Carried". Committee of Adjustment-JULY 19, 2007 Page 2 9:A5 2007-B-11 Marisa Mascioli `~;._1,~ ,? 56 Line 2 South -~ Plan 51R-27093 Part 4 (Former Township of Oro) In Attendance: Gerardo Mascioli, Applicant Secretary-Treasurer Adam Kozlowski read correspondence received from Asia Polus, Ontario Ministry of Transportation, dated July 13, 2007 verbatim to the Committee and audience. Mo#ion No. CA070719-2 BE IT RESOLVED that: Moved by Rick Webster, seconded by Michelle Lynch "Committee defer Application 2fl07-B-11 until such time that comments are received and issues resolved from the Nottawasaga Valley Conservation Authority and Ontario Ministry of Transportation Carried". Committee of Adjustment-3ULY 79, 2007 Page 3 10:00 2007-B-12 972580 Ontario Inc. Plan 51 R-27093, Part 1 ~ `r' 1555 Highway 11 North {Former Township of Oro} In Attendance: Berarda Mascioli, Applicant Secretary-Treasurer Adam Kozlowski read correspondence received from Asia Polus, Ontario Ministry of Transportation, dated July 13, 2007 verbatim to the Committee and audience. Motion No. CA070719-3 BE IT RESOLVED that: Moved by Rick Webster, seconded by Michelle Lynch "Committee de#er Application 2007-8-12 until such time that comments are received and issues resolved from the Nottawasaga Valley Conservation Authority and Ontario Ministry of Transportation Carried". Committee of Adjustment-JULY t9, 2007 Page 4 10:15 2007-B-19 Lester & Rosetta Parry ~~ ~s -~ Pt. Lat 8, Concession 3 2072 Line 3 North {Former Township of Oro} In Attendance: Lester Parry, Applicant Motion No. CA070719-4 BE IT RESOLVED that: Moved by Garry Potter, seconded by Bruce Chappell "Committee grant Provisional Consent to Application 2007-8-19 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 applicant's 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 2105 Line 2 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 the applicant apply for and obtain a rezoning on the subject lands to accurately reflect the proposed use; 6. That all municipal taxes be paid to the Township of Oro-Medonte; and, 7. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried". Committee of Adjustment-JULY 1g, 2007 Page 5 10:30 2007-B-20 May Family Holdings C Pt. Lot 15, Concession 9 1 ~.~ _ ';~ 590 15/16 Sideroad (Former Township of Oro) In Attendance: Elizabeth May, Applicant Secretary-Treasurer Adam Kozlowski read correspondence received from Jackie Burkart, Lake 5imcoe Region Conservation Authority, dated July 17, 2007 verbatim to the Committee and audience. Motion No. CA070719-5 BE IT RESOLVED that: Moved by Bruce Chappell, seconded by Michelle Lynch "Committee grant Provisional Consent to Application 2007-B-20 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 applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the severed (ands be merged in title with 590 15/16 Sideroad and that the provisions of 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 maximum total lot area for the new lot be no greater than 1.07 ha; 5. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 6. That the applicant apply for and obtain a rezoning on the subject lands to accurately reflect the intended land use; 7. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. .....Carried." Committee of Atljustment-JULY 19, 2007 Pege 6 10:45 2007-A-14 Tim Breen W. Pt. Lot 7, Con. 5 t<,~ -~ 1156 Ingram Road (Former Township of Medontej In Attendance: Tim Breen, Applicant Secretary-Treasurer Adam Kozlowski read correspondence received from Janice Hendrix, Ontario Ministry of Transportation, dated July 13, 2007 verbatim to the Committee and audience. Motion No. CA070719.6 BE IT RESOLVED that: Moved by Garry Potter, seconded by Bruce Chappell "committee approve Variance application 2007-A-14 subject to the following conditions: 1. That the setbacks be in conformity with the dimensions as set out in the application and on the sketch dated June 11, 2007 and approved by the Committee; 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 so that the addition be no larger than 356.7 m2 {3840 ft2}; and, 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-JULY 19, 2007 Page 7 11:00 2007-A-15 Tim & Arlene Russell ~'' E'/2 Lot 19, Con. 5 `~~' 5718 Line 5 North (Former Township of Medonte) In Attendance: Tim Russell, Applicant Secretary-Treasurer Adam Kozlowski read correspondence received from Tim Salkeld, Nottawasaga Valley Conservation Authority, dated July 12, 2007 verbatim to the Committee and audience. Motion No. CA070719-7 BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Rick Webster "Committee approve Variance Application 2007-A-15 subject to the following conditions: That the size and setbacks of the proposed dwelling be in conformity with the sketches submitted with the application and approved by the Committee; 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 so that i) The dwelling including the attached deck be located no closer than 10 metres (32.8 feet) from the top of bank of the water course; 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.; 4. That the applicants obtain any required permit(s) and/or approval(s) as may be required from the Nottawasaga Valley Conservation Authority; 5. That the applicants enter into the appropriate agreement with the Township to utilize the existing dwelling while construction of the proposed dwelling is taking place. Carried". Committee of Adjustment-JULY 19. 2007 Page 8 11:15 2007-A-17 Robert Butler ~{, ~,,. E Plan 1, Lot 15 °~~` - i 67 Barrie Terrace {Former Township of Oro) In Attendance: Robert Butler, Applicant Secretary-treasurer read correspondence received from Bernice Whelan {no objection to application) dated July 18, 2007 and; David Seaman {no objection to application) dated July 18, 2007 and; Gerald Norman {no objection to application) dated July 18, 2007 and; Linda Ambrose-Roe (objection to application) dated July 18, 2007 and; Harold Roe (objection to application) dated July 18, 2007. Harold Roe and Linda Ambrose-Roe (objection to application) made presentation to the Committee. Motion No. CA070719-8 BE IT RESOLVED that: Moved by Garry Potter, seconded by Rick Webster "Committee deny Variance Application 2007-A-17, as the variance is not considered to be Minor Carried". Committee of Adju stmentJllL.Y i9, 2007 Page 9 11:30 2007-A-16 Resource Exchange Inc. ~,. ' Pt. Lots 27 8 28, Con. 3 ', ;~; _ ` ~ j 12 Brooks Street (Former Township of Oro} In Attendance: Andria Leigh, MHBC Planning, Agent for Applicant Secretary-Treasurer Adam Kozlowski read correspondence from Jackie Burkart, Lake Simcoe Region Conservation Authority, dated July 17, 2007 verbatim to the Committee and audience. Motion No. CA070719-9 BE IT RESOLVED that: Moved by Bruce Chappell, seconded by Garry Potter "Committee defer Variance Application 2007-A-16 until such time tha# the applicant submits an Erosion Hazard Study to the Lake Simcoe Region Conservation Authority, as required in correspondence received on July 17, 2007; and until such time that the Lake Simcoe Region Conservation Authority reviews and provides comments on the Erosion Hazard Study Carried" Committee of AdjustmeMJULY 19, 2007 Page 10 11:45 2007-8-18 Resource Exchange Inc. ~~~ Pt. Lots 27 & 28, Con. 3 ` r+. - ~~ 't 12 Brooks Street (Former Township of Oro} In Attendance: Andria Leigh, MHBC Planning, Agent for Applicant Secre#ary-Treasurer Adam Kozlowski read correspondence from Jackie Surkart, Lake Simcoe Region Conservation Authority, dated July 17, 2007 and; Greg Marek, County of Simcoe, dated July 16, 2007 and; Catherine Simpson {objection to application), dated July 19, 2007 verbatim to the Committee and audience. Joyce Forrester {objection to application) and; Judy Bolton (objection to application) and; Debbie Little (objection to application) made presentation to Committee. Motion No. CA070719-10 BE IT RESOLVED that: Moved by Bruce Chappell, seconded by Garry Potter "Committee defer Consent Application 2007-B-18 until such time that the applicant submits an Erosion Hazard Study to the lake Simcoe Region Conservation Authority, as required in correspondence received on July 17, 2007; and until such time that the Lake Simcoe Region Conservation Authority reviews and provides comments on the Erosion Hazard Study Carried". Committee of Adjustment-JULY 79, 2007 Page 11 ~~,-jam 4. Other Business Adoption of Minutes from June 21, 2007 Committee of Adjustment Hearing Motion No. CA070719-11 BE IT RESOLVED that: Moved by Rick Webster, Seconded by Bruce Chappell "That the minutes for the June 21, 2007 Committee of Adjustment Meeting be adopted as printed and circulated ..Carried." 5. Adjournment Motion No. CA070719-12 BE IT RESOLVED that: Moved by Bruce Chappell, Seconded by Rick Webster "We do now adjourn at 2:30pm ... Carried." {NOTE: A digital recording of this meeting is available for review.) =~ Chairperson Lynda Aiken y c°~- Sec + ary-~ sur r Kozlowski Committee of Adjustment-JULY 79, 2007 Page 12