Loading...
02 18 2008 C of A MinutesCommittee of Adiusiment Minutes Thursday February 21, 2008, 9:30 a.m. Inc - ~ In Attendance: Member Garry Potter; Chairperson Michelle Lynch; Member Lynda Aiken; Member Bruce Chappell; Secretary-Treasurer Adam Kozlowski Regrets: Member Rick Webster 1. Communications and Correspondence None. ~.'QTl~itv~~ ~ FEB ? ? Z00~ 2. Disclosure of Pecuniary Interest None declared. MEETING: COUNCILi~ C. G F VV. Committee of Adjustment-February 2i, 2008 Page 1 3. Hearingsā€¢ ~~~ t 9:30 2008-8-04 Candas Osborne Concession 12, Lot 4 3857 Line 11 North (Former Township of Medonte} In Attendance: Klaus Jacoby, Agent for Applicant. Secretary-Treasurer Adam Kozlowski read correspondence received from Tim Salkeld, Resource Planner, Nottawasaga Valley Conservation Authority, dated February 11, 2008 indicating no objection to application. Motion No. CA080221 - 1 BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Bruce Chappell Committee grant Provisional Consent to Application 2008-B-03 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 3833 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; 4. That the maximum total area for the enhanced lot be no greater than 2.9 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 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-February 21, 2008 Page 2 9:45 2008-B-05 Robert Mason Plan 819, Lot 35 t ,~~ 8 Brambel Road (~ ~ ' (Former Township of Oro) In Attendance: Klaus Jacoby, Agent for Applicant. Secretary-Treasurer Adam Kozlowski read correspondence received from Eric & Amanda Rominger and; Jen Knelsen and; Mitch O'Reilly and; Henry & Christine Prusinowski (no objection to application). Brian Davidson made presentation to Committee. Motion No. CA080221- 2 BE IT RESOLVED that: Moved by Bruce Chappell, seconded by Garry Potter "Committee defer Consent Application 2008-B-05 until such time that comments are received from the Lake Simcoe Region Conservation Authority ...Carried" Motion No. CA080221- 3 BE IT RESOLVED that: Moved by Bruce Chappell, seconded by Lynda Aiken "Committee reconsider deferral of Consent Application 2008-B-05 ...Carried" Motion No. CA080221- 4 BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Garry Potter "Committee grant provisional approval to Consent Application 2008-B-05, being to create a new residential by way of severance having a frontage on Line 4 South of 38.37 metres, and a lot area of 0.233 hectares, subject to the following conditions: t. 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 apply for and obtain a Zoning By-law Amendment for the retained and severed lands, to be rezoned from the Residential Limited Service "Hold (RLS"N) Zone to the Shoreline Residential (SR) Zone, to accurately reflect the proposed residential land use; 4. That the applicant pay $ 2,000.00 for the lot created as cash-in-lieu of a parkland contribution; 5. That the applicant pay a Development Charges Fee in the amount of $4,749.95 (By-law 2004-082) to the Township; 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. ...Carried" Committee of Adjustment-February 21, 2008 Page 3 10:00 2008-A-05 Robert Mason ' ~~~fv_ Plan 819, Lot 35 8 Brambel Road (Former Township of Oro) In Attendance: Klaus Jacoby, Agent for Applicant. Secretary-Treasurer Adam Kozlowski read correspondence received from Eric & Amanda Rominger and; Jen Knelsen and; Mitch O'Reilly and; Henry & Christine Prusinowski (no objection to application). Motion No. CA080221- 5 BE IT RESOLVED that: Moved by Bruce Chappell, seconded by Lynda Aiken "Committee approve Application 2008-A-05, being to enlarge anon-complying structure, and to increase the floor area of the same structure from the maximum 70 square metres to 122.6 square metres, subject to the following conditions: 1. The applicant apply for and obtain a Consent from the Township of Oro-Medonte Committee of Adjustment pertaining to Plan 819, Lot 35, known municipally as 8 Brambel Road, and that the applicant must fulfill all conditions of Consent and receive from the Secretary-Treasurer a Form 2 "Certificate of Official", indicating that all conditions of said Consent have been fulfilled, prior to the issuance of a building permit for the 122.6 square metre detached accessory structure subject of Variance Application 2008-A-05; 2. That the setbacks be in conformity with the dimensions as set out in the application and sketches, as submitted and approved by Committee; 3. 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 surveylreal property report that the detached garage be no larger than 122.6 square metres, and that the garage be located on the subject lands in conformity with the site plan prepared by "The Design House", Drawing A1.0, dated 10(11/2007; 4. That notwithstanding Section 5.1.6 of Zoning By-law 97-95, the detached accessory structure will otherwise comply with all other applicable provisions for such structures as prescribed by Zoning By-law 97-95; 5. That no outside storage of licensed or unlicensed vehicles, or building materials be permitted on the subject lands; 6. 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-February 21, 2008 Page 4 10:15 2008-A-02 Ian Johnson ~ ~ ~ Plan 1, Lot 13 3 Penetanguisene Road (Former Township of Oro) In Attendance: Wayne Seaman, David Seaman, Agents for Applicant Secretary-Treasurer Adam Kozlowski read correspondence from Ian Walker, Environmental Planner, Lake Simcoe Region Conservation Authority dated February 19, 2008 indicating no objection to application. Motion Na. CA080221- 6 BE IT RESOLVED that: Moved by Garry Potter, seconded by Bruce Chappell "Committee approve Variance Application 2008-A-02, being to reduce the required minimum lot area for the subject lands, being 3 Penetanguishene Road, from the present area of 0.14 hectares to 0.12 hectares ...Carried." Committee of Adjustment-February 27, 2008 Page 5 f'~c - ~ 10:30 2008-B-02 lan Johnson Plan 1, Lot 13 3 Penetanguisene Road (Former Township of Oro) In attendance: Wayne Seaman, David Seaman, Agents for Applicant Motion No. CA080221- 7 BE IT RESOLVED that: Moved by Garry Potter, seconded by Bruce Chappell "Committee approve Consent Application 2008-B-02, being to convey a block of land having an area of 0.0208 hectares from 3 Penetanguishene Road to 1 Penetanguishene Road, and that Committee concurrently approve Variance Application 2008-A-02, being to reduce the required minimum lot area for the subject lands, being 3 Penetanguishene Road, from the present area of 0.14 hectares to 0.12 hectares, 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 Plan 1, Part of Lot 13, known municipally as 1 Penetanguishene Road, 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. .Carried" Committee of Adjustment-February 21, 2008 Page 6 10:45 2008-A-03 Barry Gardhouse ~ ~~~ Plan 626, Lot 28 104 Lakeshore Promenade (Former Township of Oro) In attendance: Barry & Nancy Gardhouse, Applicants. Secretary-Treasurer Adam Kozlowski read correspondence from Ian Walker, Environmental Planner, Lake Simcoe Region Conservation Authority, dated February 19, 2008 indicating no objection to application. Motion No. CA080221- 8 BE IT RESOLVED that: Moved by Garry Potter, seconded by Lynda Aiken "Committee approve Minor Variance 2008-A-03, being to grant a reduction for the front yard setback from 7.5 metres to 4.07 metres for the construction of a deck having a floor area of 26 square metres, 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 deck be located no closer than 4.07 metres from the front lot Tine 2. That the applicant enter into a Site Plan Agreement with the Tawnship, including removal of the Holding Provision; 3. That the applicant receive any necessary permits and/or approvals from the Lake Simcoe Region Conservation Authority, if required; 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" Committee of Adjustment-February 21, 2008 Page 7 1'~ ~ 11:00 2008-A-01 Susan Fleet Concession 7, East ~/z Lot 3 108 Millpond Road (Former Township of Medonte) In attendance: Susan Fleet, Applicant Secretary-Treasurer Adam Kozlowski read correspondence from Tim Salkeld, Resource Planner, Nottawasaga Valley Conservation Authority, dated February 11, 2008 indicating no objection to application. Motion No. CA080221- 9 BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Bruce Chappell "Committee approve Variance Application 2008-A-01, being to recognize an existing dwelling, having a minimum setback of 4.29 metres from the structure to the west side lot line. ...Carried" Committee of Adjustment-February 21, 2008 Page 8 ~~c-~j 11:15 2008-A-04 Randy Sheldrake Concession 1, Lot 32 2309 Penetanguisene Road (Former Township of Oro) In attendance: Randy Sheldrake, Applicant Secretary-Treasurer Adam Kozlowski read correspondence from Tim Salkeld, Resource Planner, Nottawasaga Valley Conservation Authority, dated February 20, 2008 indicating no objection to application. Motion No. CA080221-10 BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Bruce Chappell "Committee approve Variance Application 2008-A-04 subject to the following conditions: 1. That the height of the detached garage not exceed 7.3 metres, measured from the finished grade to the midpoint of the roof; 2. That the floor area of the detached garage not exceed 297 square metres; 3. That the setbacks be in conformity with the dimensions as set out in the application and on the sketch submitted with the application and approved by the Committee; 4. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying in writing that the height of the detached garage not exceed 7.3 metres, and the floor area not exceed 297 square metres; 5. That the existing "tarp coverall", "barn", and "storage trailer' on the subject lands be removed; 6. 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-February 21, 2008 Page 9 ~~_C~ 11:30 2008-A-O6 Raymond Dumont Concession 1, East Part of Lot 10 2109 Gore Road (Former Township of Oro) In attendance: Raymond Dumont, Applicant. Motion No. CAO$0221-11 BE IT RESOLVED that: Moved by Garry Potter, seconded by Lynda Aiken "Committee defer Variance Application 2008-A-06 until such time that comments are received from the Nottawasaga Valley conservation Authority ...carried:' Committee of Adius[mertt-February 21, 2008 Page 10 °~c.,1 11:45 2008-8-03 Anthony Keene Concession 8, West'/s Lot 24 143 Ridge Road East (Former Township of Oro) In attendance: Anthony Keene, Applicant. Secretary-Treasurer Adam Kozlowski read correspondence from Ian Walker, Environmental Planner, Lake Simcoe Region Conservation Authority, dated February 15, 2008 requesting deferral of application pending completion of "Slope Stability" and "Environmental Impact Statement". Motion No. CA080221-12 BE IT RESOLVED that: Moved by Bruce Chappell, seconded by Garry Potter "Committee defer Consent Application 2008-B-03 until such time that the applicant addresses comments in letter dated February 15, 2007 from the Lake Simcoe Region Conservation Authority Carried". Committee of Adjustment-February 21, 2008 Page 7 t I~~r I~ 12:00 2006-A-36 Cynthia Lee & Randy Ostojic (Revised) Plan M-780, Lot 92 197 Eight Mile Point Road (Former Township of Oro) In attendance: Cynthia Lee & Randy Ostojic, Applicants. Jack Steenhof, Agent for Applicants. Motion No. CA080221 - 13 BE IT RESOLVED that: Moved by Bruce Chappell, seconded by Lynda Aiken 1. Notwithstanding Section 5.6 g) of Zoning By-law 97-95, that the maximum height of the boathouse shall not exceed 7.08 metres ...Carried" Committee of Adjustment-February 27, 2008 Page 72 ~'~~ - ~~ 12:15 2007-B-32 Rosemarie Mairs (Revised) Concession 8, Part of Lot 22 6328 Line 8 North (Former Township of Medante) In attendance: Beth Mairs, Agent for Applicant. Motion No. CA080221- 14 BE IT RESOLVED that: Moved by Bruce Chappell, seconded by Lynda Aiken "Committee grant Provisional Consent to Application 2007-8-32 (Revised), where an existing vacant lot having an area of 4 hectares, known as 51 R-23482 Parts 1 & 2, shall be "transposed" to encompass the existing single detached dwelling located at 6328 Line 8 North, subject to the following conditions: That three copies of a Reference Plan of the new lot, including the 1 square foot land noted in Condition 3, 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 Township receives a 1 square foot conveyance of land, free and clear of all and any encumbrances, from the property being transposed at Concession 8, Part of Lot 22, former Township of Medonte. The applicant shall pay all costs related to this condition, including any costs for surveying and/or any costs related to the preparation andl or registration of any required municipal by-law related to the said conveyance; 4. That the retained agricultural lands be merged in title with the residential lot created in 1992 (Parts 1 & 2, RP 51 R-23482) 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 applicant's solicitor provide the Secretary-Treasurer with an undertaking that the retained lands, Goncession 8, Part of Lot 22 and the previously created residential lot (Parts 1 & 2, RP 51 R-23482) will merge in title; 6. 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-February 21, 2008 Page 13 t 1~_~ °~~ 12:30 2008-A-08 Lorrie Emmons Plan 629, Lot 12 23 Nelson Street (Former Township of Oro) In attendance: Marty &Lorrie Emmons, Applicants. Rod Young, Agent for Applicants. Motion No. CA080221- 15 BE IT RESOLVED that: Moved by Bruce Chappell, seconded by Lynda Aiken "Committee approve Variance Application 2008-A-O8, being for the construction of a 161.65 square metre addition with deck onto an existing dwelling, to be setback 1.5 metres from the north interior side lot line, and for the addition to be located 6.5 metres and deck to be located 5 metres from the average high water mark of Bass Lake, subject to the following conditions: 1. The proposed attached deck shall be setback no closer than 5 metres from the average high water mark of Bass Lake; 2. The proposed addition to the existing cottage shall be setback no closer than 6.5 metres from the average high water mark of Bass Lake; 3. That the setbacks be in conformity with the dimensions as set out in the application and on sketches provided to and approved by Committee, as submitted; 4. That the applicant obtain any necessary approval(s) and/or permits} from the Nottawasaga Valley Conservation Authority; 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 surveylreal property report that the addition to the existing cottage be setback no closer than 6.5 metres to the average high water mark of Bass Lake, and that the deck be setback no closer than 5 metres to the average high water mark of Bass Lake, and that the addition be setback no closer than 1.5 metres to the north interior side lot line; 6. Thai notwithstanding the variance(s) granted from the section(s) of Zoning By-law 97-95 as applied for in this application, that the addition and deck otherwise comply with all other provisions for single detached dwellings in the Shoreline Residential (SR) Zone, as prescribed by Zoning By-law 97-95; 7. 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-February 21, 2008 Page 14 I 4. Other Business Adoption of Minutes from January 17, 2008 meeting Motion No. CA080221 -16 BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Bruce Chappell "That the minutes for the January 17, 2008 Committee of Adjustment Meeting be adopted as printed and circulated .Carried." 5. Adjournment Motion No. CA080221 - 17 BE IT RESOLVED that: Moved by Lynda Aiken, seconded by Bruce Chappell "We do now adjourn at 1:40 pm .. Carried." (NOTE: A digital recording of this meeting is available for review.) Committee of Adjustment-February 21, 2008 Page 15