01 18 2008 C of A AgendaCommittee of Adjustment Agenda
Thursday January 18, 2008, 9:30 a.m.
1. Communications and Correspondence
2. Appointment of Committee of Adjustment Chairperson for 2008 -2009 term
3. Disclosure of Pecuniary Interest
4. Hearings:
9:30 2008 -A -01 Mark Huismans
Plan 51 M -807, Lot 9
21 Hemlock Cres.
(Former Township of Oro)
5. Other business
Adoption of Minutes from December 20, 2007 meeting
6. Adjournment
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
PO Box 100, Oro, ON, LOL 2X0, (705)- 487 -2171
NOTICE OF HEARING
IN THE MATTER OF Section 53 of the Planning Act, R.S.O. 1990 c. P. 13
-and -
IN THE MATTER of an application for consent, Application 2008 -B -01
AN APPLICATION BY Mark Huismans
LOCATION OF PROPERTY Plan 51M -807 Lot 9 (Former Township of Oro)
21 Hemlock Cres.
PURPOSE OF APPLICATION
The purpose of application 2008 -B -01 is to permit a boundary adjustment. The applicant is
proposing to convey a block of land having an area of 298.4 square metres (3212 square feet) to
the adjacent property to the north, being 19 Hemlock Crescent. No new building lots are
proposed to be created as a result of the lot addition.
THE COMMITTEE OF ADJUSTMENT HEREBY APPOINTS Thursday the 17th day of ,
January 2008, at the hour of 9:30 a.m. in the Oro - Medonte Township Municipal Building in
the Council Chambers, for the hearing of all persons who desire to be heard in support of or in
opposition to the application.
You are entitled to attend this public hearing in person to express your views about this
application or you may be represented by counsel for that purpose. If you are aware of any
person interested in or affected by this application who has not received a copy of this notice you
are requested to inform that person of this hearing. If you wish to make written comments on
this application they may be forwarded to the Secretary of the Committee at the address shown
above.
FAILURE TO ATTEND HEARING - If you do not attend the hearing it may proceed in your
absence and, except as otherwise provided in the Planning Act, you will not be entitled to any
further notice in the proceedings. The applicant(s) must attend this hearing or be represented by
an authorized agent.
NOTICE OF DECISION - A copy of the decision of the Committee will be sent to the
applicant and to each person who appeared in person or by counsel at the hearing and who has
filed with the Secretary a written request for notice of the decision.
Dated at the Township of Oro - Medonte this 3` day of January 2008.
Adam Kozlowski,
Secretary- Treasurer
Township of Oro - Medonte
Committee of Adjustment
Planning Report for
January 17, 2007
Mark Huismans
2008 -B -01
21 Hemlock Cres., Plan 51M -807, Lot 9 (Former Oro)
THE PROPOSAL
The purpose of application 2008 -B -01 is to permit a boundary adjustment. The applicant is
proposing to convey a block of land having an area of 298.4 square metres (3212 square feet)
to the adjacent property to the north, being 19 Hemlock Crescent. 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 Residential
Zoning By -law 97 -95 — Rural Residential One (RURl) Zone
Previous Applications —
AGENCY COMMENTS
County of Simcoe - No objection
Public Works Department — No concerns
Building Department — No concerns
Engineering Department - No concerns
BACKGROUND
The applicant is proposing a boundary adjustment to add approximately 0.029 hectares from
the subject property, being Lot 9 of Plan 51M -807, 21 Hemlock Crescent, to the
neighbouring residential lot to the north, being Lot 8 of Plan 51M -807, 19 Hemlock
Crescent. Both the subject lands and lands to be enhanced contain single detached
dwellings. It is staffs understanding that the portion of lands to be conveyed from 21 to 19
Hemlock, while being contained within the property boundary of 21 Hemlock, has in fact
been maintained and used by the residents of 19 Hemlock. As such, the residents of 19
Hemlock have approached the applicant to have the lands conveyed into their land holding.
No new building lots are proposed to be created as a result of the boundary adjustment.
OFFICIAL PLAN
The subject lands are designated Rural Residential by the Township of Oro - Medonte,
Official Plan (OP). However, policies with respect to the subdivision of land are contained
in Section D2 of the OP. Specifically, Section D2.2.2 - `Boundary Adjustments ", provides
the following guidance:
"a consent may be permitted for the purpose of modifiing lot boundaries, provided no new
building lot is created...
With respect to the application at hand, no new building lots are proposed. The County of
Simcoe Planning Department has also indicated "no objection" to the boundary adjustment
as proposed. Therefore, the application for boundary adjustment is deemed to conform to
the Official Plan. ,
ZONING BY -LAW
Both the subject property and lot to be enhanced are zoned Rural Residential One (RUR1)
Zone. The minim lot area required for a residential use in this Zone is 0.4 hectares, and
the minimum required lot frontage is 45 metres. Currently, 21 Hemlock consists of 0.44
hectares, while 19 Hemlock consists of 0.7 hectares. As a result of this application, 298.4
square metres of land is proposed to be conveyed from 21 Hemlock to 19 Hemlock. The
conveyance would result in 21 Hemlock retaining a lot size of 0.41 hectares, while 19
Hemlock would increase in area slightly to 0.73 hectares. The frontage of both properties
will not be affected by this application, nor will setbacks to the existing single detached
dwellings on both lots. Therefore, the application would comply with the provisions as
prescribed by the Zoning By -law.
CONCLUSION
While this application proposes to modify property boundaries that will result in both the
retained and enhanced lands having irregular lot line configurations, it should be noted that
the majority of lots on Hemlock Crescent are in fact irregular in shape. Given that the
parcel of land to be conveyed is relatively small and that the nature of the application is
minor, staff is of that opinion that the proposed conveyance will not detract from the overall
character of the lot fabric in the area, particularly considering that the lot fabric on Hemlock
Crescent does not have the consistency of a "typical' plan of subdivision. In addition, the
proposed consent application otherwise conforms to the policies of the Official Plan, and
complies with the lot area and use provisions of the Zoning By -law.
RECOMMENDA'T'ION
It is recommended that the Committee grant Provisional Consent to Application 2008 -B -01.
being to convey a strip of land from 21 Hemlock Crescent to 19 Hemlock Crescent, having
an area of 0.029 hectares, subject to the following conditions: 1 I
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 Plan 51M -807, Lot 8, known
municipally as 19 Hemlock Crescent, 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 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;
6. That the conditions of consent imposed by the Committee be fulfilled within one
year from the date of the giving of the Notice of Decision.
All of which is
Reviewed by
Glenn White, MCIP RPP
Senior Planner
n
SUBJECT LANDS
21 HEMLOCK CRES.
i I BIDWELL I
SURVEYOR'S REAL PROPERTY REPORT ------
or PLAN 51M-63,3
PLAN OF SURVEY OF -7 4 PIN 5,15N-0086 0.1)
LOTS 8 A 11 AND 12
REGISTERED PLAN 51IM-807 ------
TOWNSHIP OF ORO-MEDONTE
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COUNTY OF SIMCOE
(POT 2) REPOIIT SUMMAItY
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LOT 8
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SKETCH OF PROPOSED SEVERANCE
LOT 9
PLAN 51M-807
TOWNSHIP OF ORO- MEDONTE
COUNTY OF SIMCOE
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LANDS TO BE
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TRANSACTION PURPOSES. THIS SKETCH IS TO BE
USED ONLY FOR A SEVERANCE APPLICATION.
METRIC
DISTANCES SHOWN ON THIS PLAN ARE M METRES AND
CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3049.
DINO ASTRI
SURVEYING LTD.
1-661 Welham Road, Barrie, Ontario, L4N OB7
Phone: 705- 792 -6760 Fax: 705. 792 -4164
www.astisurveying.com
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PREPARED: DECEMBER 12, 2007
CAUTION
THIS SKETCH IS NOT A PLAN OF SURVEY AND
IS NOT TO BE USED FOR MORTGAGE OR
TRANSACTION PURPOSES. THIS SKETCH IS TO BE
USED ONLY FOR A SEVERANCE APPLICATION.
METRIC
DISTANCES SHOWN ON THIS PLAN ARE M METRES AND
CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3049.
DINO ASTRI
SURVEYING LTD.
1-661 Welham Road, Barrie, Ontario, L4N OB7
Phone: 705- 792 -6760 Fax: 705. 792 -4164
www.astisurveying.com
BY: DA ( CHECKED BY: ORSA I PROJECT No. 7204— RPLAN_WETCH
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Committee of Adjustment Minutes
Thursday December 20 2007, 9 :30 a.m.
in Attendance: Chairperson Lynda Aiken, Member Michelle Lynch, Member Rick
Webster, Member Bruce Chappell, Member Garry Potter, Secretary- Treasurer
Adam Kozlowski
1. Communications and Correspondence
i. Letter from Doug Irwin, Clerk, re: Severance Application 2007 -B -17.
Motion No. CA071220 - 1
BE IT RESOLVED that:
Moved by Bruce Chappell, seconded by Michelle Lynch
Committee receive letter from Doug Irwin, Clerk, re: Severance Application 2007-
B -17.
..Carried"
2. Disclosure of Pecuniary Interest
None declared.
Committee of Adjustment - December 20, 2007
Page 1
3. Hearings
9:30 2007 -A -36 Sandra Chevrier
Plan 765, Lot 10
19 Greenwood Avenue
(Former Township of Oro)
W
In Attendance: Sandra Chevrier, Applicant
Secretary- Treasurer Adam Kozlowski read correspondence received from
Tim Salkeld, Resource Planner, Nottawasaga Valley Conservation Authority
dated December 13, 2007 (No objection to Application) verbatim to
Committee and the audience.
Motion No. CA071220 - 2
BE IT RESOLVED that:
Moved by Rick Webster, seconded by Michelle Lynch
Committee grant Variance 2007 -A -36 subject to the following conditions:
«
1. The proposed attached deck shall be setback no closer than 14.9 metres
from the average high water mark of Bass Lake;
2. The proposed attached deck shall be setback no closer than 1.6 metres to
the north easterly interior side property line;
3. That the setbacks be in conformity with the dimensions as set out in the
application, as submitted;
4. That the applicant obtain (if required) any required permit(s) and /or
approval(s) from the Nottawasaga Valley Conservation Authority, for the
construction of the deck;
5. 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.
...Carried."
Committee of Adjustment•Deoember 20, 2007
Page 2
9:45 2007 -A -37 Wayne Lintack
Part of Lot 24, Concession 8
50 Ridge Road East
(Former Township of Oro)
In Attendance: Wayne Lintack
Motion No. CA071220 - 3
BE IT RESOLVED that:
Moved by Michelle Lynch, seconded by Bruce Chappell
Committee approve Variance 2007 -A -37, being to grant a reduction for the north-
west rear yard setback from 7.5 metres to 5.79 metres; for the construction of an
addition to the existing dwelling, 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 addition be located no closer than 5.79 metres from the north-
west rear lot line
2. That the setbacks be in conformity with the dimensions as set out on the
application and sketches submitted and approved by the Committee;
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 - December 20, 2007
Page 3
10:00 2007 -A -38 Lorrie Emmons
Plan 629, Lot 12
23 Nelson Street
(Former Township of Oro)
In Attendance: Andrew Jeanrie, agent for Applicant; Rod Young, Agent for
Applicant.
Secretary- Treasurer Adam Kozlowski read correspondence received from
Tim Salkeld, Resource Planner, Nottawasaga Valley Conservation Authority
dated December 11, 2007 (No objection to Application) verbatim to
Committee and the audience.
Motion No. CA071220 - 4
BE IT RESOLVED that: „
Moved by Garry Potter, seconded by Rick Webster
Committee refuse Application 2007 -A -38 as it appears that the applicant has
applied for an "addition" when in reality they are building a new
dwelling/structure. The concern is that the existing waterfront boathouse /cottage
will become bedrooms for the new "addition" without concern for high water
setbacks and boundary adjustments. The Committee recommends a re-
application for construction of a new dwelling on the lot, rather than an addition
Carried ".
Z
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Committee of Adjustment - December 20, 2007
Page 4
10:15 2007 -A -39 Steve and Maureen White
Plan 51 M -219, Lot 4
967 Lakeshore Road East
(Former Township of Oro)
in Attendance: No one in attendance for this application.
Secretary- Treasurer Adam Kozlowski read correspondence from Ian
Walker, Environmental Planner, 'Lake Simcoe Region Conservation
Authority, dated December 20, 2007 (no objection to application) verbatim
to Committee and the audience.
Motion No. CA071220 - 5
BE IT RESOLVED that:
Moved by Bruce Chappell, seconded by Michelle Lynch
Committee Approve Variance application 2007 -A -39, being a variance
requesting relief from Section 5.16.1 of Zoning By -law 97 -95, being to construct
an addition on an existing dwelling by adding 23.5 m of floor volume in a
required yard and providing a setback of 18.8 metres from the rear lot line,
subject to the following conditions:
1. That the size and setbacks of the proposed addition be in conformity with
the sketches submitted with the application and approved by the
Committee;
2. That the applicant obtain (if required) any required permit(s) and /or
approval(s) from the Lake Simcoe Region Conservation Authority for the "
construction of the addition and balcony;
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 - December 20, 2007
Page 5
10:30 2007 -A -40 Dave and Sadie Stevens
Plan 1650, Lot 44
44 Slalom Drive
(Former Township of Medonte)
In Attendance: Peter Poehls, Agent for Applicant. ,
Secretary- Treasurer Adam Kozlowski read correspondence received from
Jeff Stevens dated November 27, 2007 (no objection to application)
verbatim to Committee and the audience.
Motion No. CA071220 - 6
BE IT RESOLVED that:
Moved by Rick Webster, seconded by Michelle Lynch
Committee approve Variance Application 2007 -A -40, for the construction of a
detached garage having an area of 32.7 square metres, to be located 11.5
metres from the front lot line measured from the northwest corner of the
structure, subject to the following conditions:
1. That the detached accessory building be located no closer than 11.5
metres from the front property line, measured from the northwest corner
of the structure;
2. That the detached accessory building, notwithstanding Section 5.1.3 a),
otherwise meet with all other provisions for detached accessory buildings;
3. 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 11.5 metres from the front lot
line, measured from the northwest corner of the garage;
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;
Carried ".
M
Committee of Adjustment - December 20, 2007
Page 6
10:45 2006 -A -36 Cynthia Lee and Randy Ostojic
(Revised) Plan 780, Lot 92
197 Eight Mile Point Road
(Former Township of Oro)
In Attendance: Cynthia Lee, Randy Ostojic, applicants; Jack Steenhoff,
Peter Neil, agents for applicant.
Secretary- Treasurer Adam Kozlowski read correspondence received from
J.J. Woolverton, dated December 10, 2007 (no objection to application)
and; Susan Sheridan, dated December 17, 2007 (no objection to
application) and; Eugene Cholkan, dated December 19, 2007 (no objection
to application) verbatim to Committee and the audience.
Motion No. CA071220 - 7
BE IT RESOLVED that:
Moved by Garry Potter, seconded by Rick Webster
"Committee refuse Variance Application 2006 -A -36 (Revised), on the basis that
the variance is not considered to be Minor.
...Defeated."
Motion No. CA071220 - 8
BE IT RESOLVED that:
Moved by Bruce Chappell, seconded by Michelle Lynch
"Committee defer application 2006 -A -36 (Revised) until such time that the
applicant provides additional information with respect to options available for
alterations to the boathouse structure
...Carried."
Committee of Adjustment - December 20, 2007
Page 7
4. Other Business
i. Adoption of Minutes from November 15, 2007 meeting
Motion No. CA071220 - 9
BE IT RESOLVED that:
Moved by Garry Potter, seconded by Michelle Lynch
"That the minutes for the November 15, 2007 Committee of Adjustment Meeting
be adopted as printed and circulated
„
...Carried."
5. Adjournment
Motion No. CA071220 - 10
BE IT RESOLVED that:
Moved by Rick Webster, seconded by Garry Potter
"We do now adjourn at 12:30 pm
... Carried."
(NOTE: A digital recording of this meeting is available for review.)
Chairperson
Lynda Aiken
Secretary- Treasurer
Adam Kozlowski
Committee of Adjustment - December 20, 2007
Page 8