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09 20 2007 C of A AgendaCommittee of Adjustment Agenda Thursday September 20, 2007, 9:30 a.m. 1. Communications and Correspondence 2. Disclosure of Pecuniary Interest 3. Hearings: 9:30 2007 -B -28 Gordon Arnaut Lot 12, Con. 14 2508 Townline (Former Township of Medonte) 9:45 2007 -B -27 George Gaudet Plan 985, West Pt Lot 25 56 Line 2 South (Former Township of Oro) 10:00 2007 -A -26 Walter Stevens /Karen Jensen Plan780 103 Eight Mile Point Road (Former Township of Oro) 10:15 2007 -A -25 Synergy Valuations Inc. Plan 979, Lot 10 70 Ward Avenue (Former Township of Oro) 4. Other business i. Adoption of Minutes from August 16, 2007 meeting ii. Committee Luncheon — December 20, 2007 5. Adjournment Township of Oro - Medonte Committee of Adjustment Planning Report for September 20, 2007 Gordon Arnaut 2007 -B -28 2508 TownGne, Concession 14, Lot 12 (Former Medonte) THE PROPOSAL The purpose of application 2007 -B -28 is to permit a boundary adjustment. The subject land being 2508 Townline is proposing to convey a strip of land having a frontage of 7.6 metres (25 feet) on Townline a depth of 328 metres (1078 feet) and an area of 0.25 hectares (0.61 acres) to the land adjacent to the south (also owned by the applicant). No new building lots are proposed to be created as a result of the lot addition. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation — Rural Zoning By -law 97 -95 — Agricultural /Rural (A /RU) Zone Previous Applications — AGENCY COMMENTS County of Simcoe - No Comments or Objection Public Works Department - Building Department — Applicant to verify that sewage system meets minimum required setbacks as per Part 8 of the Ontario Building Code. Engineering Department - No Concerns BACKGROUND The applicant is proposing a boundary adjustment to add approximately 0.25 hectares from the subject property to the neighbouring residential lot to the south, also owned by the applicant. The proposed retained lot, being 2508 Townline, would consist of 2.2 hectares, and contains an existing single detached dwelling. No new building lots are proposed to be created as a result of the lot addition. OFFICIAL PLAN The subject lands are designated Rural by the Official Plan (OP). Section D2 of the OP 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 permitted for the purpose of modz�,ing lot boundaries, provided no new building lot is created... the Committee ofAdjustnsent sball be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected." With respect to the application at hand, no new building lots are proposed. As such, the proposed boundary adjustment is generally in keeping with the intent of the rural policies stated in the Official Plan, and otherwise conforms with the boundary adjustment policies contained in Section D.2.2.2. The County of Simcoe Planning Department has no comment or objection to the boundary adjustment as proposed. ZONING BY -LAW The subject property is zoned Agricultural /Rural (A /RU) Zone by Zoning By -law 97 -95. The lot to be enhanced, to the south of 2508 Townline, is zoned Agricultural /Rural (A /RU) and Environmental Protection (EP) Zone. Pending approval of the application, the lot to be enhanced as well as the retained lands, would both conform to the minimum lot area, use and frontage provisions of the A /RU Zone. In addition, the existing dwelling on the retained lands would also comply with the minimum lot area and setback requirements for a structure in the A /RU Zone. The lot to be enhanced, which currently has a dwelling under construction, would accommodate any additional improvements made on the property. The current house on the enhanced lot would still meet the required setback from the EP Zone boundary. Therefore, the application would comply with the provisions as prescribed by the Zoning By -law. CONCLUSION The proposed consent application for a boundary adjustment 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 -19 to convey a strip of land having a frontage of 7.6 metres (25 feet) on Townline a depth of 328 metres (1078 feet) and an area of 0.25 hectares (0.61 acres) to the land adjacent to the south (also owned by the applicant) and 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; 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 which is respectfully submitted, Steven Farquharson, B.URPL Junior Planner Reviewed by Glenn White, MCIP RPP Senior Planner Fz I OW4LN E 226 1630' i 1o�s (3zr^� Page 1 of 1 Farquharson, Steven From: Hamelin, Rachelle [Rachelle.Hamelin @simcoe.ca] Sent: Wednesday, September 05, 2007 4:12 PM To: Farquharson, Steven Subject: RE: Boundary Adjustment Thank you for circulating the County. We have no comment or objection to the boundary adjustment as proposed. Sincerely, Rachelle From: Farquharson, Steven [ mailto :sfarquharson @oro- medonte.ca] Sent: September 5, 2007 4:00 PM To: Hamelin, Rachelle Subject: Boundary Adjustment Hey Rachelle, Here is a boundary adjustment that has been submitted for 2508 Townline. If you have any comments or concerns please respond so I can include them in my report to the Committee on September 20, 2007. Thanks, Steven Farquharson, B.URPI Junior Planner Township of Oro - Medonte Bus: (705) 487 -2171 Fax: (705) 487-0133 www.0ro- medonte.ca This message has been scanned for viruses and dangerous content by VPNetworks(l), and is believed to be clean. 9/5/2007 Township of Oro - Medonte Committee of Adjustment Planning Report for September 20, 2007 George Gander 2007 -B -27 Concession 10, West Part of Lot 25 (Former Twp. of Oro) THE PROPOSAL The purpose of application 2007 -B -27 is to permit the creation of a new residential lot by way of severance. The land to be severed is proposed to have a depth of 45.8 metres, frontage along Lakeshore Road East of 56 metres, and a lot area of 0.2 hectares. The land to be retained is proposed to have a lot area of approximately 0.256 hectares. Both the proposed severed and retained lands are currently vacant. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation — Shoreline Zoning By -law 97 -95 — Agricultural /Rural (,A,/RU) Zone Previous Applications — None. AGENCY COMMENTS Simcoe County — No Concerns Public Works — Building Department — Engineering & Environmental Services — BACKGROUND The subject property is located in the former Township of Oro, south of Ridge Road East on the north side of Lakeshore Road East. The lands are designated Shoreline by the Official Plan, and zoned Agricultural /Rural (A /RU) Zone. The subject lands are currently vacant, and are largely wooded with medium to large mixed trees and foliage. There are no watercourses or wetlands on the property, nor are the subject Lands within the Regulated Area of the Lake Simcoe Region Conservation Authority. The lot currently contains approximately 120 metres of frontage on Lakeshore Road East, a lot depth of 46 metres, and a lot area of 0.45 hectares. OFFICIAL PLAN The subject property is designated Shoreline by the Official Plan. Permitted land uses within the Shoreline Designation include single detached dwellings, accessory structures to residential uses, and home -based businesses. For the purpose of this application, it is noted that the creation of new lots by way of severance is permitted within the Shoreline designation, where the tests of severance are listed in Section D2.2.1 of the Official Plan. The proposed severed and retained lots would front on a municipal road, would not be located within an environmentally sensitive area, and would comply with relevant Zoning provisions of the Shoreline Residential Zone (discussed below). In addition, a survey of property sizes in the area of Lakeshore Road East and Line 9 South determined that the average residential lot size is approximately 0.25 hectares for the area. As the proposed severed and retained lands would be 0.2 and 0.256 hectares respectively, the application to create a new residential lot by way of severance would be in keeping with the general character of the area, and in keeping with the intent of the Official Plan. As a result of site inspection, the subject lands were observed to have dense vegetation in the form of mixed coniferous and deciduous trees, shrubs, and tall grasses. While the subject lands are not contained within the Environmental Protection Two overlay, parcels to the north, west and east are entirely contained within this overlay, and are identified as being significant woodlands. Section "B5.1.7 Tree Preservation/ Planting" of the Official Plan states "a) there are wooded areas within the Township that are not within Environmental Protection One or Two... designations, primarily because of their small size or their location within settlement areas. However, these areas also contribute to the character of the community. It is a policy of this Plan that such areas be retained in their natural state, wherever practical and appropriate, as a condition of development approval." As the subject property abuts lands that have been identified to contain significant woodlands, it is appropriate that when the property is rezoned to the SR Zone, that a Holding provision be included in order that future construction on the lots will require a Site Plan Agreement, depicting building and septic envelopes, and vegetation areas to be protected. ZONING BY -LAW The subject property is zoned Agricultural /Rural (A /RU) Zone. The proposed lot will consist of 0.2 hectares, and will have 56 metres of frontage on Lakeshore Road East; the required frontage for a lot in the A /RU Zone is 45 metres, and the required roinimurn lot area for a residential use is 0.4 hectares. The proposed retained lands would consist of approximately 0.256 hectares, and maintain 63 metres of frontage on Lakeshore Road East. With respect to severance policies contained in the Official Plan, Section D2.2.1 d) indicates that that the severed and retained lots "[have] adequate size and frontage for the proposed use in accordance with the Zoning By- law..." As noted above, the property is zoned A /RU; a condition of Provisional Consent should be that the lands are re -zoned to the Shoreline Residential HOLD (SR'H) Zone, where the minimum required lot frontage is 30 metres, and the minimum required lot area for a residential use is 0.2 hectares. A condition that the property be rezoned will ensure that the severance proposal would be compatible with the character of the surrounding neighbourhood, and that future development is reviewed to ensure vegetation preservation. CONCLUSION The proposed consent application for the creation of a residential lot generally conforms to the policies of the Official Plan and Zoning By -law. RECOMMENDATION It is recommended that the Committee grant provisional consent to Application 2007 -B -27 for the creation of a new residential lot, having an area of 0.2 hectares and frontage on Lakeshore Road East of 56 metres, subject to the following conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee 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 applicant pay $ 2,000.00 for the lot created as cash -in -lieu of a parkland contribution; 4. That the applicant pay a Development Charges Fee in the amount of $4,749.95 (By -law 2004 -082) to the Township; 5. That the applicant apply for and obtain a re- zoning, including a Hold provision on the severed land to accurately reflect the proposed residential land use; 6. That all municipal taxes be paid to the Township of Oro - Medonte; 7. 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 which is respectfully submitted, Reviewed by, Glenn White MCIP, RPP Senior Planner Township of Oro - Medonte Committee of Adjustment Planning Report for August 16, 2007 Synergy Valuations 2007 -A -25 70 Ward Ave. Plan 979, Lot 10 (Former Twp. Of Oro) THE PROPOSAL The applicant is proposing to construct a second storey addition onto an existing dwelling, where the dwelling does not currently meet the required side yard setback or setback to the average high water mark of Bass Lake. As such, the applicant is proposing to add floor volume in a required yard, and is requesting the following relief from Zoning By -law 97 -95: 5.16.1 Enlargement, Repair of Renovation [of Non - Conforming Structures]: A non - complying building or structure may be enlarged, repaired, replaced or renovated provided that the enlargement, repair, replacement or renovation: b) does not increase the amount of floor area or volume in a required yard MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation — Shoreline Zoning By -law 97 -95 — Residential One (R1) Zone Previous Applications — None. AGENCY COMMENTS Nottawasaga Valley Conservation Authority - Public Works Department - Building Department - Engineering Department - BACKGROUND The subject property has a road frontage of approximately 23 metres on Ward Avenue, approximately 23 metres of shoreline frontage on Bass Lake, and a lot area of approximately 0.12 hectares. The applicant is proposing to expand an existing single storey non- conforming dwelling by adding a second storey. The purpose for the variance is to permit the construction of additional floor volume in the required side yard and required setback to the average high water mark of Bass Lake. Presently, the attached garage is located approximately 1.6 metres from the east side lot line, measured from the northeast corner of the garage; the dwelling is located 2.1 metres from the east side lot line, measured from the 1 northeast corner of the dwelling; and the rear of the dwelling is located 14.3 metres from the shoreline of Bass Lake. Does the variance conform to the general intent of the Official Plan? The property is designated Shoreline by the Official Plan. Permitted uses in this designation include single detached dwellings, accessory buildings, and home occupations. As such, the proposal to renovate and enlarge a structure that constitutes a permitted use would conform to the Official Plan. Does the variance comply with the general intent of the Zoning By -law? The subject property contains a single storey bungalow, with an attached garage at the front of dwelling, and unenelosed deck at the rear. The applicant proposes to construct a second storey consisting of additional living space above the current bungalow, with additional "loft- style" storage space above the existing attached garage. The purpose of the interior side yard setback is to ensure that privacy between dwellings is maintained, and that appropriate access to the rear of the structure is preserved. While the existing garage is located approximately 1.6 metres from the east side lot line, large cedar hedges at this location currently provide a good visual buffer for the neighbouring property, and would continue to provide a buffer from the proposed second storey addition. The resulting second storey addition also will not further reduce the existing deficient side yard and setback to Bass Lake, but only to increase the height, and therefore floor volume of the existing structure in the required yards. Aside from the proposed addition of floor volume within the yard setbacks, the application would otherwise meets with all other use, setback and height requirements of the Shoreline Residential Zone. The issue of floor volume within the setback to Bass Lake is discussed below. Is the variance desirable for the appropriate development of the lot? Based on the site inspection, the proposed addition to a residential structure would be in keeping with the character of the area, being a residential neighbourhood. With respect to increasing the floor volume within the 15 metre setback to the average high water mark to Bass Lake, the Nottawasaga Valley Conservation Authority was circulated the construction plans by the applicant, who subsequently received approval and was issued a development permit on August 21, 2007. In addition, the Township has received a letter from Mr. Ernie Doolittle, the neighbour to the immediate east of the subject property, indicating no objection to the proposed second storey addition. As the proposed addition will also not further reduce an existing deficient side yard and setback to Bass Lake, has previous approval from the Nottawasaga Valley Conservation Authority, and constitutes an addition to an existing permitted use, the proposal is deemed to be desirable for the appropriate development on the lot. 2 Is the variance minor. On the basis that the proposed addition to an existing non - conforming structure otherwise complies with the Zoning By -law and conforms to the Official Plan, the variance is considered to be minor. CONCLUSION The proposed application to enlarge an existing non - conforming structure generally satisfies the tests of a variance. RECOMMENDATION It is recommended that the Committee Approve Variance application 2007 -A -25, being a minor variance to construct a second storey addition on an existing dwelling and attached garage, with existing deficient setbacks being 1.7 metres from the east lot line, and 14.3 metres from the shoreline of Bass Lake, subject to the following conditions: 1. That the proposed second storey addition be constructed as depicted on the site plan prepared by Jack Steenhof, being Drawing A -1.0, dated August 3, 2007; 2. 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, _ram Kozlowski, B.URP Planner 3 Reviewed` by Glenn White, MCIP RPP Senior Planner i • My name is Ernie Doolittle and I am the registered owner of 68 Ward Avenue, Orillia. 1 have lived there on a full -time basis for over 40 years. I am friendly with my next door neighbours at 70 Ward Avenue, Stacie and Stephen Fields. I have been advised that they plan on renovating their property to build a second floor, arid that they are in the process of applying for a minor variance from the township of Oro - Medonte to obtain permission for the following: I — The existing bedrooms on the west side of their building are less than the required 3 metres from the property line. They wish to build the second floor above the existing bedrooms so that the second floor is the same distance from the property line as the current main floor. I have no objection to this proposed renovation; and, 2 — The dining room on the lake side is approximately 47 feet from the lake. They wish to build the second floor above the existing dining room which will also be approximately 47 feet from the water. I have no objection to this structure. I do not plan to attend any committee meeting to object to the above noted renovations, and am willing to co- operate with the Township's requirements for the minor variance. If you have any questions, I can be reached at 705- 326 -6069 or atCernedoo — - . Qr RUG -23 -2007 09:38 FROM:NVCA fE t¢ ., 7054242115 TO:17054870133 Nottawasaga Valley Conservation Authority Centre for Conservation John Hix Conservation Administration Contra Tiffin Conservation Area 8195 Concession Lino 8; Utopia, Ontario LOM 1 TO Telephone: 705.424.1479 Fax: 705.424.2115 Email: admin@nvca.on.oa y P.1 /2 August 21, 2007 PERMIT #2007 -7776 in accordance with Section 28 (1) of the Conservation Authorities Act, R.S.O. 1990 and Ontario Regulation 172/06, permission has been granted to the applicant, subject to the conditions below, If you do not agree with these conditions, you have a right to a Hearing under the Conservation Authorities Act. Please notify the Nottawasaga Valley Conservation Authority (NVCA) within 30 days of receipt of this permit to exercise your right to a Hearing. Should you fail to notify the NVCA within 30 days of receipt of this permit, you will agree to the conditions as set out below. APPLICANT: Stacie Fields 626 Vesta Drive Toronto, Ontario, M5N 6H9 LOCATION: Part Lot 15, Concession 14, Township of Oro- Medonte, County of Simcoe Property Assessment Roil #: 436401000536200 UTM Coordinates: Easting 618326, Northing 4940874 PROPOSAL: for the construction of anew structure (house addition) and the placement of fill (septic system), at the above noted location as indicated on the noted drawing(s), subject to the following conditions: This permit is valid from Attaus>t 29, 2007 to Alogusit 21 j 2009 SPECIAL PERMIT CONDITIONS 1) That consent is given to NVCA, its employees and other persons as required by NVCA, to access the property for the purpose of inspection, obtaining information, and or monitoring any and all works, activities and or construction pertaining to the property in addition to the works as approved under cover of any permit issued by NVCA. 2) That the works be carried out in accordance with the following submissions: • S. Fields Cottage drawings prepared by Steenhof (12 pages), dated August 2007 (on file) • Revised site plan drawing showing location of the new proposed septic system, submitted by the property owner on August 21, 2007 (on file) 3) All materials and equipment used for the purpose of site preparation and project completion shall be operated and stored in a manner that prevents any deleterious substance from entering the water. Vehicular re- fuelling and maintenance should be conducted well away from the water. 4) That nothing herein authorizes any person to carry out any work or undertaking, which may result in harmful alteration, disruption or destruction of fish habitat or any fishery. 5) Please note that this permit is only valid if approvals, agreements or permits are received from all other agencies having jurisdiction. 6) Please note that this permit is only valid when the applicant becomes the owner of the property. ../2 f*UG -23 -2007 09:38 FROM:NUCA 7054242115 TO:17054870133 P.2'2 Page 2 of 2 STANDARD PERMIT CONDITIONS 7) That all development and site alteration is subject to all other applicable federal, provincial and municipal statutes, regulations and by -laws, such as the Municipal Act, Zoning and Tree - Cutting By- Laws, the Federal Fisheries Act, Navigable Waters Act, Public Lands Act, Lakes and Rivers Improvement Act, Drainage Act, Environmental Protection Act and the Ontario Water Resources Act. g) That this permit does not confer upon you any right to occupy, develop or flood lands owned by other persons or agencies. g) That appropriate erosion and sediment control measures are installed Prior to construction and maintained until all disturbed areas are stabilized, to ensure that sediments do not enter any water- course, wetland, lake, pond or sensitive area within the development or adjacent properties. When an erosion and sediment control plan appears to be inadequate, the deficiencies must be addressed and additional measures or practices implemented as needed. It is the responsibility of the owner and the owner's representative (if contracted) to implement, monitor and maintain all erosion /sedimentation control structures and practices until vegetative cover has been successfully established. 10) That any excess excavated material must be placed at least 30 metres from any slope, lake, pond, wetland, watercourse, floodplain, fill regulated area or adjacent property. That any till material stock piled for longer than 30 days must be stabilized and re- vegetated to prevent erosion. 11) The soils disturbed during construction and access should be stabilized as soon as possible upon completion of work and restored to a pre- disturbed state or better. Disturbed areas should be re- vegetated /seeded when the growing season permits. From September 15`" to April 301", structural stabilization techniques (e -g. application of erosion control blankets) should be utilized. 12) That the owner provides copies of this permit to any contracting or construction supervisor(s) who must have a copy of the permit available on -site for inspection by an officer when requested and that the owner ensure that all of the contractors and site supervisors are aware of the obligations under this permit including any obligations assigned by the owner to the contractors and supervisors. All contractors and site supervisors must be aware that they may also be held responsible for any violations in relation to the obligations outlined under this permit. Note: It is the responsibility of the applicant to carry out the works in accordance with the above conditions. Failure to due so may result in cancellation of the permit and possible action in accordance with the Conservation Authorities Act. Should you have any questions regarding this permit, please contact Barb Perreault - Environmental Officer (705) 424 -1479 extension 2 .V. ger, Marilyn Planning Barb Perreault, C.E.T., MLEO(C) Officer under the Conservation Authorities Act Copy. Township — Building/Planning Department File (1) • M5TING 'CA E IO • a -- lgLPil .15TING PPDPOSCO MIN, I(R M.FA 02 Xechrta Ss NON{ONFORMING 0.1 HOU{ONFORMI G14m A FitONi YPAp M'RE IX!_SIpf YARll ti `/.Sm NON- IG6.Sm WA INI. S�D[YPRp IGGXi) R(RYPRp RiRFII510FJ Pn �Sm 'JNPoRMIN 2 IPn G�ONF ING 1>.21m WA WP Y iOFM PLR -PP.fA 90 f m (gNFONMING 1 I6m n¢IGnT CONFOYdnIxG a 2m 6 77m xtii[. BNCR'Pi StPYC! ryGE NMiXIN fAtSTWG 5Ef PLL OTnfR XtW CAXS GA.iION IS Pi SCGOND tMEL PV.N P 5XON55[TBEACR5l5 YERMINOR VAPJANCE APPtIGTld1 • RwLP,PUsN i Bo . NMoF51wSf c IAoGKS F£CNIIRF ox zxD )cveL iolaN.w ,S�/ /)O WARD AVENUE 5 W , ONTARIO LOT #I4, CONCf5 ON #I4 REGWCRED ft N # 979 WATE F5E DA 5LAFE MUNICIPALIM ORO- MEDONTE PROPERW A 5E5MENT ROLL #, 43450100D53G200 LOCH ➢ON% N -]O WARO AVE. _ .1 ANCA ANO 1R YNC Pnoi.0 1DE1EWU ssDE. aESloe uecA ows FnDnxc uoaR CWf 0 3„ O O O 9 n. A J a Egt ! 6 w O G - � v Z � o G ui m 'z 3 Township of Oro - Medonte Committee of Adjustment Planning Report for September 20, 2007 Walter Stevens/Karen Jensen 2007-A-26 103 Eight Mile Point Road, Plan 780, Lot 51 (Oro) THE PROPOSAL The applicants are proposing to construct a detached garage with a ground floor area of 48.9 m2 (526 ft). The applicants are requesting the following relief from Zoning By -law 97 -95: Shoreline Residential (SR) Zone Front yard setback Interior Side Yard Setback Required Proposed 7.5m(24.6fl) 2m(6.5ft) 2 m (6.5 ft) 1.5 m (3.9 ft) MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation — Shoreline Zoning By -law 97 -95 — Shoreline Residential (SR) Previous Applications — none AGENCY COMMENTS (space is provided for the Committee to make notes) Public Works Department - Building Department — Proposal appears to meet minimum standards. Engineering Department — No concerns Background The subject property has a road frontage of approximately 25 metres (82 feet), and a lot area of approximately 0.2 hectares (0.51 acres). A single detached dwelling and a detached shed currently exist on the subject property. The proposed construction of a 48.9 m2 (526 ftz) detached garage is to be located in the required front yard setback of 7.5 metres (24 feet) and the required interior side yard setback of 2.0 metres. The proposed front yard setback is 2.0 metres and the proposed interior side yard setback is 1.5 metres. Do the variances conform to the general intent of the Official Plan? The property is designated Shoreline in the Official Plan. Section C5.1 which contains the Shoreline policies in the Township's Official Plan sets out the following objectives: To maintain the existing character of this predominantly residential area. To protect the natural features of the shoreline area and the immediate shoreline. The requested variance for the proposed detached garage would appear to maintain the character of the shoreline residential area, as the proposed detached garage are common building features found in residential neighbourhoods. Therefore, the variance would conform to the general intent of the policies contained in the Official Plan. Do the variances conform to the general intent of the Zoning By-law? The subject lot is currently zoned Shoreline Residential (SR). The mature trees located in the front and side portions of the lot, will provide a form of privacy for the abutting properties and road frontage. One of the purposes of maintaining minimum front yards in the Shoreline Residential Zone is to maintain and protect the residential character of a single detached shoreline residential community. It is also the intent of the By -law to permit accessory uses that are reasonable and incidental to a residential use subject to reasonable setbacks. The front yard is established to ensure adequate area exists between the road and structures for adequate on site parking. The location of the detached garage would allow for adequate area for on site parking on the existing driveway. The rear of the proposed garage abuts the road and the garage doors face the dwelling. With the proposed detached garage, the lot coverage of all detached accessory buildings will not exceed the required maximum lot coverage of 5 %, as the proposed garage will occupy a lot coverage of 3.6 %. The proposal is reasonable and should not adversely affect the character of the surrounding area, as a mature will buffer of trees between proposed detached garage from the road and from the abutting neighbour to the east. Based on the above, the variances would conform to the general intent of the Zoning By -law. Are the variances appropriate for the desirable development of the lot? Based on the site inspection, the proposed detached garage would appear to be appropriate for the desirable development of the lot and in keeping with the surrounding residential area. Given that the proposal would provide for a form of development that is suitable and consistent with the surrounding neighbourhood, it would not lead to the over development of the lot. The applicant has received positive support for the application from the surrounding residents who have no objections to the proposed location of the detached garage. Are the variances minor? On the basis that the proposal would not adversely affect the character of the shoreline residential area and will not have a negative impact on privacy either the subject or surrounding properties, the proposed variance is considered to be minor. CONCLUSIONS The application to reduce the required interior side yard and front yard setback, to permit construct a detached garage generally satisfies the tests of a variance. RECOMMENDATIONS It is recommended that the Committee approve Minor Variance 2007 -A -26 which grants an interior side yard setback of 1.2 metres rather than the required 2.0 metres an a front yard K setback of 2.0 metres rather then the required 7.5 metres and further be subject to the following conditions: 1. 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 so that: a) the detached garage be located no closer than 2 metres (6.5 feet) from the front lot line, and be no closer than 1.2 metres (3.9 feet) to the interior lot line and; b) that the area of the detached garage be no larger than 48.9 m2 (526 ftz), being in substantial conformity with the dimensions shown on drawings submitted with the application dated September 11, 2006; 2. 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 re_gpectfully submitted, Reviewed by, Ste arquharson, B.URPL Glenn White, MCIP, RPP Junior Planner Senior Planner 3 f°3k r 4 W vi V L t ry P� �yy tF U! F C� uas.S�r- O v` 0 Adam Kozlowski Township of Oro - Medonte Planning Dept. RE: Application for minor variance at Lot 51 -103 Eight Mile Point Rd. We have reviewed the variance request with Walter Stevens at 10' ) Eight Mile Point Rd., and have found no issues or concerns with the proposed new building. Lot # 49 - -- 99 Eight Mile Point Rd. i Michael & Randi Marrus t F t rr, t e Adam Kozlowski Township of Oro - Medontc Planning Dept. RE: Application for minor variance at Lot 51 —103 Eight Mile Point Rd. We have reviewed the variance request with Walter Stevens at 103 Eight Mile Point Rd., and have found no issues or concerns with the proposed new building. Lot # 50 - -- 101 Eight Mile Point Rd. Marion Oliver f Uf `e cf f t Adam Kozlowski Township of Oro - Medonte Planning Dept. RE: Application for minor variance at Lot 51 -103 Eight Mile Point Rd. We have reviewed the variance request with Walter Stevens at 10' ) Eight Mile Point Rd., and have found no issues or concerns with the proposed new building. Lot # 52 - -- 105 Eight Mile Point Rd. Pat & Alfons Konrad z a _ r r Adam Kozlowski Township of Oro- Mcdonte Planning Dept. RE: Application for minor variance at Lot 51 — 103 Eight Mile Point Rd. We have reviewed the variance request with Walter Stevens at 103 Eight Mile Point Rd., and have found no issues or concerns with the proposed new building. Lot # 53 - -- 107 Eight Mile Point Rd. Scott Campion & C-1,21-<7111 s' f Adam Kozlowski Township of Oro- Medonte Planning Dept. RE: Application for minor variance at Lot 51 — 103 Eight Mile Point Rd. We have reviewed the variance request with Walter Stevens at 10' ) Eight Mile Point Rd., and have found no issues or concerns with the proposed new building. Eight Mile Point Cottagers Association President Glenn Harding F � 1 r' ' r I I T .i Committee of Adiustment Minutes Thursday August 16 2001 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 MOTION# 9 <' None Declared. SEP - 5 2007 MEETING: COUNCIL❑ C. OFW.0 Committee of Adjustment- AUGUST 1E, 2007 Page 1 3. Hearings: 9:30 2007 -B -21 Helen Perry Lot 17, Concession 11 556 Line 11 North (Former Township of Oro) In Attendance: Greg Shelswell, Helen Perry Motion No. CA070816 -1 BE IT RESOLVED that: Moved by Bruce Chappell, seconded by Rick Webster "Committee grant Provisional Consent for Application 2007 -B -21 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 apply for and obtain a rezoning on the severed lands to accurately reflect the intended land use; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the severed lands be merged in title with 544 Line 11 North 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; 5. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 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- AUGUST 16, 2007 Page 2 9:45 2007 -8 -22 2007 -B -23 2007 -B -24 2007 -B -25 2007 -B -26 w a i Ucci Consolidated Companies Part of Lots 26, 27, 28, Concession 5 (Former Township of Oro) In Attendance: Rick Jones, Agent for Applicant; Brian Davidson, applicant Secretary- Treasurer Adam Kozlowski read correspondence from Charles Burgess, Manager of Planning, Lake Simcoe Region Conservation Authority, dated August 15, 2007 (request for deferral, applicant to complete an Environmental Impact Statement) verbatim to Committee and the audience. Greg Blight (requested further information on application) made presentation to the Committee. Motion No. CA070816 -2 BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Bruce Chappell ,,Committee defer Consent Applications 2007 -B -22, 2007 -B -23, 2007 -B -24, 2007 -13-25 & 2007 -B -26 until such time that comments are received from the Lake Simcoe Region Conservation Authority, and until such time that the revised application(s) has been circulated in accordance with the Planning Act. Carried ". Committee of Ad)ustment- AUGUST tE, 2007 Page 3 10:00 2007 -A -18 Mary Spasov Plan 864, Lot 4 245 Shoreline Drive (Former Township of Oro) In Attendance: Mike Spasov, agent for applicant Motion No. CA070816 -3 BE IT RESOLVED that: Moved by Garry Potter, seconded by Rick Webster ,,Committee defer Variance application 2007 -A -18 until such time that comments are received from the Lake Simcoe Region Conservation Authority. Carried ". Committee of Adjustment- AUGUST 16. 2007 Page 4 10:15 2007 -A -19 Amy & Dylan Briscoe Pt. Lot 24, Concession 9 (Former Township of Oro) In Attendance: Amy Briscoe, applicant Motion No. CA070816 -4 BE IT RESOLVED that: Moved by Bruce Chappell, seconded by Rick Webster "Committee approve Variance Application 2007 -A -19 subject to the following conditions: 1. 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 the applicant obtain any required permit(s) and /or approval(s) from the Lake Simcoe Region Conservation Authority for the construction of the dwelling; 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- AUGUST 15.. 2007 Page 5 10:30 2007 -A -20 Bill & Helen Stonkus Plan M80, Part of Lots 3 & 4 14 Scottdale Drive (Former Township of Oro) In Attendance: Bill & Helen Stonkus, applicants. John Hawke (no objection to application) and; Bill Cartmill (no objection to application) made presentation to the Committee. Motion No. CA070816 -5 BE IT RESOLVED that: Moved by Rick Webster, seconded by Bruce Chappell "Committee approved Variance application 2007 -A -20 subject to the following conditions: 1. That the size of the detached accessory building be no larger than 148.6 square metres; 2. That the detached accessory building be located no closer than 8 metres from the east exterior side lot line; 3. That the detached accessory building, notwithstanding Section 5.1.3 c) and Section 5.1.6, otherwise meet with all other provisions for detached accessory buildings; 4. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying in writing that the detached garage be located no closer than 8 metres to the east lot line, and that the detached garage be no larger than 148.6 square metres; 5. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. ....Carried." Committee of Adjustment- AUGUST 16, 2007 Page 6 10:45 2007 -A -21 Hawkestone Yacht Club Part of Lot 23, Concession 12 215 Mill Street (Former Township of Oro) In Attendance: Paul Marshall, applicant. Motion No. CA070816 -6 BE IT RESOLVED that: �s Moved by Garry Potter, seconded by Bruce Chappell "Committee approve Variance Application 2007 -A -21 subject to the following conditions: 1. That the proposed addition to the existing structure maintain a setback of 14.5 metres to the average high water mark of Lake Simcoe; 2. That the appropriate approval(s) and/or permit(s) be obtained from the Lake Simcoe Region Conservation Authority, 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. Carried ". Committee of Adjustment, AUGUST 1E, 2007 Page 7 11:00 2007 -A -22 Brian & Johna Dalrymple Part of Lot 11, Concession 12 (Former Township of Medonte) In Attendance: Brian & Johna Dalrymple, applicants; Paul Stringer, applicant's contractor. Secretary- Treasurer Adam Kozlowski read correspondence from Tim Salkeld, Resource Planner, Nottawasaga Valley Conservation Authority, dated August 15, 2007 (no objection to application, revised permit required) verbatim to Committee and the audience. Wanda Warder (objection to application) made presentation to Committee. Motion No. CA070816 -7 BE IT RESOLVED that: Moved by Bruce Chappell, seconded by Rick Webster "Committee approve Variance Application 2007 -A -22 subject to the following conditions: 1. That the size and setbacks of the proposed dwelling unit be in conformity with the sketches submitted with the application and approved by the Committee; 2. That the applicant obtain any required permit(s) and /or approval(s) from the Nottawasaga Valley Conservation Authority for the construction of the dwelling; 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- AUGUST 16, 2007 Page 8 M 11 :15 2007 -A -23 Donald Wilson Plan 217, Part of Lots 8 & 9 319 Line 11 South (Former Township of Oro) In Attendance: Donald Wilson, applicant. Motion No. CA070816 -8 BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Rick Webster -Committee Approve Variance application 2007 -A -23 subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by a) pinning the footing and b) verifying in writing that the addition be no closer than 0.4 metres to the north exterior side lot line; 2. 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 - AUGUST 16, 2007 Page 9 11:30 2007 -A -12 Daphne Laird (Revised) 60 Lakeshore Road East Plan 798, Part of Lots 52 & 53 (Former Township of Oro) In Attendance: Daphne Laird, applicant. Motion No. CA070816 -9 BE IT RESOLVED that: Moved by Garry Potter, seconded by Bruce Chappell ,,Committee Approve Variance application 2007 -A -12 subject to the previous conditions as imposed by the Committee of Adjustment on June 21, 2007, save and except for the following REVISED condition: 2. That the proposed deck shall be no closer than 4 metres from the exterior side lot line; Carried ". committee of Adjustment-AUGUST 16, 2007 Page 10 4. Other Business Adoption of Minutes from July 19, 2007 Committee of Adjustment Hearing Motion No. CA070816 -10 BE IT RESOLVED that: Moved by Michelle Lynch, seconded by Bruce Chappell "That the minutes for the July 19, 2007 Committee of Adjustment Meeting be adopted as printed and circulated 5. Adjournment Motion No. CA0 70 81 6 -1 1 BE IT RESOLVED that: Moved by Bruce Chappell, seconded by Michelle Lynch "We do now adjourn at 1:30 pm ..Carried." .. Carried." (NOTE: A digital recording of this meeting is available for review.) Chairperson Lynda Aiken Secretary- Treasurer Adam Kozlowski Committee of Adjustment - AUGUST 16, 2007 Page 11