04 17 2008 C of A AgendaCommittee of Adjustment Agenda
Thursday April 17, 2008, 9:30 a.m.
1. Communications and Correspondence
2. Disclosure of Pecuniary Interest
3. Hearings:
9:30
2007 -A -35
Ian Johnson
Variance - garage
(Revised)
Plan 1, Lot 13
maximum height
3 Penetanguishene Road
(Former Township of Oro)
9:45
2008 -A -12
Jean Bylow
Variance - minimum
*WITHDRAWN*
West 1/2 Lot 5, Concession 14
lot area
9733 Highway 12
(Former Township of Medonte)
10:00
2008 -B -08
Jean Bylow
Sever lot from draft
*WITHDRAWN*
West 1/2 Lot 5, Concession 14
plan of subdivision
9733 Highway 12
(Former Township of Medonte)
10:15
2007 -B -22
Ucci Consolidated Companies
Sever lot from
(Revised)
Part of Lots 26, 277 28, Concession 5
golf course lands
(Former Township of Oro)
10:30
2008 -B -09
Ucci Consolidated Companies
Easement
*WITHDRAWN*
Part of Lots 26, 277 28, Concession 5
(Former Township of Oro)
10:45
2008 -B -10
Jim Drury
Sever lot from draft
West Pt. of Lot 11, Concession 5
plan of subdivision
1099 Old Barrie Road West
(Former Township of Oro)
11:00
2008 -A -13
Norman & Debra Pirtovshek
Variance -
*WITHDRAWN*
Plan 755, Lot 28
side yard setback
89 Lakeshore Road West
(Former Township of Oro)
11:15
2008 -A -14
John & Tanya Grenkie
Variance -
Lot 11, Concession 22
Front yard setback
252 Line 11 South
(Former Township of Oro)
4. Other business
i. Adoption of Minutes from March 20, 2008 meeting
5. Adjournment
Township of Oro- Medonte
Committee of Adjustment
Planning Report for
April 17, 2007
Ian Johnson
2007 -A. -35
1 Penetanguishene Road, Ilan 1, Lot 13 lEormer Twp. of Oro
low
THE PROPOSAL
The application was deferred at the November 15, 2007 Cotn='ttee of Adjustment hearing
until such time that the applicant apply for a boundary adjustment to bring the accessory
structure (that is the subject of the current application) completely onto the lands know
municipally as 1 Penetanguishene Road; the garage is currently located at 3 Penetanguishene
Road, but effectively serves the dwelling located at 1 Penetanguishene Road. The boundary
adjustment was completed through Consent Application 2008 -Bw02, approved by Committee
on February 21, 2008. The applicant is proposing to renovate and expand the existing
detached accessory building (2 car garage), proposed to have a new floor area of 61.3 square
tnetres and a height of 4.9 metres. The applicant is requesting the following relief from
'honing By-law 97 -95.
1. Section 5.1.4 Maximum Hei ht
The maximum height of any detached accessory building or structure is 4.5 metres,
be increased from the required 4.5 metres to 4.9 metres.
MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS
Official Flan Designation -- Shoreline
Zoning By -law 97 -95 — Residential One (R1) Zone
Previous Applications -- None
AGENCY COMMENTS
Public Works Department- No Concerns
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 subject property is a corner lot, having frontage of approximately 18.28 metres on
Shanty Bay Road, an exterior side yard of 76 metres along Penetanguishene Road, and a lot
area of approximately 0.14 hectares. The subject property contains two dwellings; a 1.5
storey dwelling is located at the north end of the lot, and the second single storey dwelling is
located approximately 'in the middle of the lot. A frame garage is located in the northwest
corner of the lot, and is utilized by the dwelling at the north end of the lot. Both dwellings
are oriented to Penetanguishene Road, and have driveway access from same. The two bay
accessory garage that is the subject of this application is located at the north part of the
subject lands, and currently has a floor area of 37 square metres.
The applicant is proposing to expand the existing garage by adding a third vehicle bar, to be
built on an existing concrete pad, and to increase the height of the garage to create a loft
storage area. The proposed addi
Is the variance desirable for the appropriate development of the lot?
4"he subject property contains a single detached dwelling unit, and a boathouse. The garage
subject to this application is accessed from a gated entrance and circular driveway and serves
the dwelling unit located at #1 Penetanguishene Road. At the request of Comrmttee, the
applicant has obtained a boundary adjustment to bring the subject garage wholly upon the
propert-v it rightfully serves, #1 Penetanguishene Road; as such, the original application for a
``zero lot line" variance is no longer applicable, where only a variance for height is now
required.
Based on the site inspection, the subject and surrounding properties were noted to slope
from north to south, down toward Lake Simc0e, contain modest sized single detached
dwellings, and a variety, of sizes of detached accessory buildings. With respect to the height
variance, it was noted that the "building line" along Shanty Bav Road for neighbouring
residential dwellings to the east is oriented to the front of the lots, on a higher elevation
close to the road; properties in. general in the area tend to have narrow frontages and depths
averaging up to 100 metres. As such, neighbouring dwellings are buffered from the
proposed garage by distance and elevation, where the increased height of the garage would
not cause a visual hindrance or negatively affect privacy, for adjacent residences.
On this basis the proposal is considered appropriate for the desirable development of the
lot.
0
Is the variance minor?
On the basis that the garage otherwise conforms with the policies of the Official Plan and
complies with all other zoning standards for detached accessory, buildings, the proposed
variance is considered to be minor.
CONCLUSION
Appbcation 2007-A-35 generally satisfies the tests for variance.
RECOMMENDATION
It is recommended that the Committee approve Variance Application 2007-A-35, being to
increase the maximum height from 4.5 metres to 4.9 metres for the renovation and expansion
of a detached accessory structure having an area of 61.3 square metres, subject to the
following conditions:
1. That an Ontario Land Survevor provide verification to the Township of compliance
with the Committee's decision by ven'filng in writing that the detached garage be no
higher than 4.9 metres, measured from the finished grade to the mean level between
the eaves and peak;
2. That the proposed detached garage comply with all other provisions for Detached
Accessory Buildings, as listed in Section 5.1 of Zoning By-law 97-95;
3
3. That the applicant obtain all necessary approvals and /or permits, if or as required,
from the Lake Sn* ncoe Region Conservation Authority;
4. That the appropriate building permit be obtained from the Township's Chief
Building official only after the Committee's decision becomes fi nal and binding, as
provided for within the Planning Act R.S.O. 1990, c.P. 13.
All of which, is respectful, �submitted,
r
�"
'��6 _ r
:'may' �"
y' .. �e� �� F�
dam A�S
q:'lanner
(PaW'e Custom JTomes Inc
(BoX 35024 RT'O
Essa Wd
�ame., On L4Y5Z2
312612008
Township of Oro-911edonte
148 Line 7,South
�30.� 100, Oro
Ontafiv LOL 2XO
A tt: Adam Kozlowski
Dear dam.
Turther to our conversation of today's date, accept this as an officiatrequest to include our
appCxatw'n #2007- in
.A-35 (which was deferred 9Vovem6erI07) in yourAp?i117 2008 meeting.
I am also attaching a copy of the main floor c� foft,00r of the garage. As you can see, the Loft fioor
is not wide enough (front to 6ac� to create an ln'dng space, when you take in account t the s[ope of
the ceiling, the onfyjLt ceitings are in the dorm areas c� they are less than T' high other than the
entry dormer.
I wiff afso drop off tfiree (3) copies of the -regu'teredsurvey in the nett day or so. I wiff bring them
when I drop off my 6itiOng permit application.
Pleaseforwarda notice of the meeting with our time scut noted, c� if you have any other questions,
please feelfree to give me a cad
Regards,
Wayne Seaman (on behaff of Ian Johnson)
N
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REM I ATOM INFORMAT*N
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PROJECT
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DO?i T SCALE NAW*M
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TORE REM"m TR' OE$O74M
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AU,WORK TOBE OOMPLETEO04 A
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THE CoRPoRA'TION of 'THE TOWNSHIP of oRo- MEDoN'TE
148 DINE 7 SOUTH, P.O. BOX 100, ORo
oNTARIO, LQL 2X0
(705) 487 -2171
COMMITTEE OF ADJUSTMENT
NOTICE of DECISION
Application No. 2007 -A -35
IN THE MATTER of Section 45 of The Planning Act, R.S.Q. 1990, C.P. 1.3 as amended; and
IN THE MATTER of the official Plan of
the Township of Oro- Medonte; and
IN THE MATTER of Comprehensive Zoning oning By _ law 97 -95, as it apples to the articular
application; and p ular
IN THE MATTER of Application ication 2 _ _
pp o07 A 35 submitted by Ian Johnson ow
Penetanguishene Road, Plan 1, Lot 13 Former owner of 3
( Twp. of Oro]; and
WHEREAS The applicant is proposing to b p p g renovate and expand an existing etached accessory
wilding (2 car garage, to have an area of g ssory
� 1.3 square metres and a height of 4.9 metres. s. The applicant is requesting the f ollowing relief from zoning
By-law 97 -95:
1. Section 5.1.3 Permitted locations for detached
shed accesso buildin s and structures in
zones
Il
i• Be set back a minimum distance of 2.0 metres from the rear lot line, he reduced
from the required 2 metres to o metres.
2. Section 5.1.4 Maximum Hei ht
The maximum height of any detached accessory building or structure is 4.5 metres be
0 4.9 metres
increased from the required 4.5 metres t '
,
WHEREAS the subject property is desi gnated "Shoreline"
in the official By-law 97 -95, and
Plan an
"Residential one (R1} Zone" under B y -1 d zoned
WHEREAS having had m. regard to those
g afters addressed by The Planning ct in ace
with the rules and procedures prescribed g � accordance
p under Ontario Regulation 200196, as amended,
having considered all relevant information and
n as presented at the public hearing on the 15 �h day of
November, 2007. y
PAGE
APPLICATION 2007-A-35
COMMITTEE OF ADJUSTMENT DECISION
Motion N o. CA071115 -7
BE IT RESOLVED that:
Moved by Michelle Lynch, seconded by Garry Potter
■
�. "Committee defer Variance Application 2007 -A -35 until such time that the applicant
provides further information with respect to property boundaries an
.. p p �' � d provides
additional information with respect to the dimensions of existing structures on the
subject lands
...Carried."
Additional information regarding this Application is available for
public inspection at the
Township of Oro- Medonte Administration Centre, 148 Line 7 South in
Oro Station, Ontario,
Monday to Friday, between the hours of 8:30 a.m. and 4:30 p .m.
PAGE # 3
APPLICATION 2007-A-35
COMMITTEE OF ADJUSTMENT DECISION
TAKE NOTICE that pursuant to Section 45(12) of the Planning Act, R.S.O. 1990, c.p. 1.3, as
amended, the above decision and/or conditions may be appealed to the I Ontario Municipal Board.
Only individuals, corporations and public bodies may appeal decisions in respect of applications
for consent to the Ontario Municipal Board. A notice of appeal may not be filed by an
unincorporated association or group. However, a notice of appeal may be filed in the name of an
individual who is a member of the association or group.
THE LAST DATE FOR FILING A NOTICE OF APPEAL IS WEDNESDAY, THE 5 th
DAY OF DECEMBER 2007.
A "NOTICE OF APPEAL" setting out in writing the supporting reasons for the appeal should be
received on or before the last date for "Appeal" accompanied by a certified cheque in the amount
of ONE HUNDRED AND TWENTY FIVE DOLLARS payable to the MINISTRY OF
FINANCE. The notice is to be submitted to the Secretary -Treasurer of the Committee of
Adjustment, PO Box 100, Oro, Ontario, LOL 2X0.
Members concurring in this decision:
Lynda Aiken, Chairperson
DATED this 1.5'h day of November 2007
Bruce Chappell
�n V1_ L
Rick Webster
T
Committee of Adjustment
Township of O- to-Medonte
Committee of Adjustment
Planning Report for
April 17, 2008
Ucci Consolidated Companies Ltd.
2007 -B -22 (Revised)
Part of Lots 26, 27, 28, Concession 5 (Former Twp. of Oro)
TI -IE I'ROPOS�I.
The purpose of application 2007-B-22 (REVISED) is to sever a parcel. of land having 258.96 metres of
frontage on Windfield Drive Nest, and a lot area of 4.39 hectares from the balance of lands containing the
future "Ba) -winds Adult Lifestyle Community" development, located southeast of the intersection of Ridge
Road West and Line 4 South. The proposed retained lands would have an area of approximately 101
hectares. The application was originally deferred by Committee at the August 16, 2007 hearing "until such
time that comments are received from the Lake Simcoe Region Conservation Authority ... " Since the
August meeting, the application has been revised from the original 5 lot configuration to depict a single
4.39 hectare lot. Comments were received from the Lake Sirncoe Region Conservation Authority on April.
71 2008, and as such it is now appropriate to consider this revised application.
MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS
Official Plan Designation — Shoreline, Rural, Environmental Protection Two Overlay
Zoning Iry -- law 97-95 — Agricultural/ Rural. (A/RLD Zone
Environmental Protection (L1' ) Zone
Previous Application(s) — P -115 %01 (Official Plan Amendment for Baywinds Resort)
2007 -8 -22 to 8 -26 (-,Applications 23 -26 closed at request of applicant)
AGENCY COMMENTS
Lake Sn' ncoe Region Conservation Authority -- See attached
County of Si ncoe - No concerns
Public Works -- No concerns
Building Department -- No concerns
Engineering & Environmental Services — No concerns
BACKGROUND
It is the applicant's intent to create 1 new lot, fronting on Windfield Drive West. The lands proposed to
be severed are currently vacant, where a watercourse flows southerly toward .Lake Simcoe at the extreme
eastern edge of the portion of the lands to be severed.. Lands to the south are predominantly residential,
consisting of large lots ranging between 0.7 and 1.5 hectares in area, and containing large lakefront homes.
Lands immediately east and west of the subject property consist mainly of large rural parcels containing
single detached dwellings and dense tree cover. A number of large rural residential lots averaging 1 hectare
in size are located on the north side of Windfield Drive 'west, adjacent on the east and west sides of the
proposed severed lot; however, these lands remain vacant of dwellings or other structures.
OFFICIAL PLAN
The portion of the subject lands proposed to be severed are designated Shoreline by the official Plan.
Section C5 Official lean contains specific policies with respect to objectives for development with the
Shoreline designation. Specifically, Section C5.2 states `het -milled uses on lands desi,gnated S oreline include sin le
de c c ed die i a,gs... elc ". As such, the proposed severance of the subject lands for future residential
development would constitute a use permitted by the official Ilan
In conjunction with Section C5, Section D2.�.l of the Official Flan contains specific tests for the creation
of a new lot by Consent. In particular, this section states "..-the Committee of Adjustment shall be
satisfied that the lot to be retained and lot to be severed:
cr . µ{rams- on and will be directly accessed ��y a public road Mal is niai ntained on a year =round basis;
Both the proposed severed and retained lands will have frontage on Windfield Drive West and Line 4
South., both being public roadways maintained year -round by the Township of Oro- Medonte.
b) Does not I)are direct access to a .Provin tial Hi g��wqy or Couqy Road, unless the T'rovince or Me Coun�y suppolys the
request;
This application does not propose to create a new lot fronting on either a County or Provincial road.
c) Vill not cause a Ira
ic° ImZard;
This application proposes to create one new lot. Significant traffic volu me will not be generated by the
construction of an additional dwelling fronting onto Windfield. Drive Vest. An existing entrance with a
culvert is located at approximately the mid point of the proposed severed lot, and is not located on a curve
or hill., and as such would not present a traffic hazard for both vehicles accessing the proposed severed lot
and vehicles using Windfield Drive west.
d - as cxde to .side r d °o tc�ge for tine proposed use in accordance u)itl) the ComprMensire Zo ino By -law and is
covipalible will) dja ent uses-;
Both the proposed severed and retained lands are zoned Agricultural/ Rural (A/R) Zone. The
application proposes to create a new lot having an area of 4.39 hectares, and a frontage of 258.96 metres,
where the minimum required lot area for a residential use in. the A/RU Zone is 0.4 hectares, and the
Min=urn. required lot frontage is 45 metres. Properties in the immediate area around the subject lands
range in size from 0.7 hectares, up to 1.5 hectares, having an average frontage of 70 metres, and consist
largely of residential properties. lands immediately north of Windfield Drive 'west are zoned for rural
residential use, where the intent of this zone classification is for the construction of large homes on large
residential lots, however, the existing lots on the north side from Line 4 South to the end of Windfield
Drive Test re main vacant. The proposed severed lot, although being significantly larger than surrounding
rural residential properties, is currently- vacant, but could be developed for a future residential use. As
such, the application, and in particular future residential development would re main compatible with
adjacent uses.
c3 Can e serrieed aitb an aprotiale water s 11 andeans o .sae disposal;
The applicant will be required at the time of submission of building permit to meet all requi-rements for
septic systetn installation and private water suppIN7. The Township Zoning By -law has established a
minimum lot area of 0.4 hectares for a residential use in the A /RU Zone to reflect development on private
services.
Dill not lea )e a ne ,gable illpacl on Me d ainage allerns in Me area;
Any future residential development will, be reviewed by the Township Building Department, where the
construction of a new single detached dwelling may be subject to the completion of a lot grading and
drainage plan to ensure water runoff has no negative impact on neighbouring properties.
,g) Dill not res friet ll.�e deiveloprnent of Me retained lands or oMer parcels of land, par liculary a,s it relates to Me propision of
access, i f tliy are des haled or derelo ent l j l its .Flan;
Both the severed and retained, lands will continue to meet with the rm'nitnurn .required lot frontage and
area requirements of the Zoning By-law. No development applications are active adjacent to the subject
lands, and as such no negative impacts with respect to access are anticipated as a result of this consent.
Access for the BaNAvinds Adult Lifestyle development would not be through the proposed severed lot, and
as such this application will not hinder access for the retained parcel.
h� lYlill not have cr rae,gative impact on the features and fianclions o f any ecological feature in the area;
The subject lands are located at the bottom of Line 4 South, in a predominantly low density residential
area. Lands to the north, from approximately Ridge Road south to just north of the subject lands are
identified in the Official flan as being within the "Environmental Protection `Iwo" overlay, representing
significant woodlands and potential wildlife habitat. However, the Official Flan does not identify any such
features on the proposed severed. lot. With respect to the EP Zone and watercourse at the extreme
eastern boundary of the proposed lot, it should be noted that this feature is contained within the
"Regulation Area" hmits of the Labe Sitncoe Region Conservation .authority (LSRCA). Comments
received from the LSRCA dated April 75 2008, indicate "no objection" to the creation of the lot, and that
future residential development on the subject lands that are within the Regulated Area would be subject to
a development permit from the Authority. However, due to the size of the proposed lot, suitable options
exist for the placement of a future residential dwelling on the lot that would avoid and provide adequate
buffering from the identified ecological feature.
i 1 dill not Dave a ye,ga iire ' pael on Me quality and quanti�y of groundwater aivailable�or oMer uses in Me area;
The application at hand proposes to create a new lot by way of severance, for the possible future
development of one additional single detached dwelling. Any future dwelling on the severed lands will. be
serviced by a private water suppler, namely a drilled well. The application does not propose a use that
involves commercial or other large -scale water - taping operations, or any other use that involves the use of
large amounts of ground water for regular operation.
Therefore, the application to create a new residential lot through severance maintains the general intent of
the Official flan.
ZONING BY-LAW
The subject propert T is currently zoned Agricultural/ Rural (A/RU) Zone. The proposed lot will consist of
4.39 hectares, and will have 258.96 metres of frontage on Windfield Drive Nest; the required frontage for
a lot in the A /RU Zone is 45 metres, and the required minimum lot area for a residential use is 0.4
hectares. The proposed retained lands would consist of 101 hectares, and maintain 737 metres of frontage
on Line 4 South, and 521 metres of frontage on Line 5 South. `Wherefore, the proposed severed and
retained lands would continue to meet with all requirements of lot area and frontage for the A /RU Zone.
Can the basis of the above, the application would comply with the general intent of the Zoning Bye -law.
CONCLUSION
The proposed consent application for the creation of a lot by way of severance maintains the intent of the
Official Plan, and complies with the n i.nimum lot and use provisions as required by the Zoning Bye -law.
RECOMMENDATION
It is recommended that the Committee grant provisional approval to Consent Application 2007 -B -22
(Revised), being to create a new lot by way of severance having a frontage on Windfield Drive Nest of
258.96 metres, and a lot area of 4.39 hectares, 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 Secretaryr- Treasurer;
Z. 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 pays a Development Charges Fee in the amount of $4,749.95 (By-law 2004 -082)
to the Township;
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.
All of which is respectfully, submitted, Reviewed by,
Bruce o pe MCIP, RPP
Director, Building & Planning Services
APIA -07 -2008 15:52 TOWNSHIP OF ORO- MEDONTE
0410712008 MON 14:53 FAX
P.001 /002
0001/002
File No.: 2007• -B -22
IMS No.: PLDC725C4
120 $ayview Parkway
Box 282 Ile: Revised Consent Application - Creation Of A New Lot
Nev.Yrnarketi Ontario
UY4x1 UCCI Consolidated Companies Inc., Owner
Part of Lots 26 -28, Concession 5 (Former Township of Oro)
N/S Windfield Drive
Tow nshi of Ciro- Medonte Oro Countv of Simcoe
The Lake Simcoe Region Conservation Authority (LSRCA) has reviewed the above noted
Consent application in the context of the Provincial Policy Statement 2005 (PPS -- 2005) under
the Planning Act, and in accordance with Ontario Regulation 179106 made under the
Conservation Authorities Act. The owner is seeking consent to sever a 4.39 ha parcel of land
(Parcel "A. ") from an existing parcel ( Parcel "B "). The proposed severance is for the creation
of a new lot, with a 6 metre wide utility easement. The owner is also seeking to close Consent
files 2007 -B -23 through 2007 -B -26.
Our mapping indicates that the above noted property is partially within the Approved Regulation
Limit of the LSRCA.. The above noted property is regulated for a watercourse with associated
flood plain (Regional Storm Flood Elevation = 238.59 to 226.98 masl), meanderbelt (erosion
allowance), and unevaluated wetland with associated 30 metre adjacent lands. A permit maybe
required for any future development within the regulated poitxon of the above noted property
Based on our review, we provide the following comments:
1. Based on our mapping, the watercourse with associated flood plain (Regional Storm
Flood Elevation = 228.72 to 226.98 mash and meanderbelt traverses the eastern portion
Watershed of the proposed severed lot. A minimum 30 metre naturally vegetated buffer is required
from the top -of -bank of the watercourse.
for Life 2. Based on our mapping, the watercourse with associated flood plain (Regional Storm
Flood Elevation = 238.59 to 225.72 magi), meanderbelt and unevaluated wetland with
associated 30 metre adjacent land traverses the central portion of the proposed retained
lot. A minimum 30 metre naturally vegetated buffer is required on each side from the
top-of-bank of the watercourse. An Environmental Impact Study may be required for any
proposed development within the unevaluated wetland or 30 metre adjacent lands.
3. Based on our mapping, the proposed severed and retained properties have potential
development areas outside of the regulated area.
Page I of 2
Seim b Y Faefi ile 1-705-487-0133
`
April 7, 2008
►
Mr. Adam Kozlowski
Secretary- Treasurer, Committee of Adjustment
Corporation of the Township of Oro- Medonte
Tel: 905 - 895 -1281
P.O. Box 100
1-800 - 465-0437
Fax: 905- 853 -5881
Oro, ON LOL 2X0
E -Mail: infra (' )isfca.m.ca
Dear Mr. Kozlowski.
P.001 /002
0001/002
File No.: 2007• -B -22
IMS No.: PLDC725C4
120 $ayview Parkway
Box 282 Ile: Revised Consent Application - Creation Of A New Lot
Nev.Yrnarketi Ontario
UY4x1 UCCI Consolidated Companies Inc., Owner
Part of Lots 26 -28, Concession 5 (Former Township of Oro)
N/S Windfield Drive
Tow nshi of Ciro- Medonte Oro Countv of Simcoe
The Lake Simcoe Region Conservation Authority (LSRCA) has reviewed the above noted
Consent application in the context of the Provincial Policy Statement 2005 (PPS -- 2005) under
the Planning Act, and in accordance with Ontario Regulation 179106 made under the
Conservation Authorities Act. The owner is seeking consent to sever a 4.39 ha parcel of land
(Parcel "A. ") from an existing parcel ( Parcel "B "). The proposed severance is for the creation
of a new lot, with a 6 metre wide utility easement. The owner is also seeking to close Consent
files 2007 -B -23 through 2007 -B -26.
Our mapping indicates that the above noted property is partially within the Approved Regulation
Limit of the LSRCA.. The above noted property is regulated for a watercourse with associated
flood plain (Regional Storm Flood Elevation = 238.59 to 226.98 masl), meanderbelt (erosion
allowance), and unevaluated wetland with associated 30 metre adjacent lands. A permit maybe
required for any future development within the regulated poitxon of the above noted property
Based on our review, we provide the following comments:
1. Based on our mapping, the watercourse with associated flood plain (Regional Storm
Flood Elevation = 228.72 to 226.98 mash and meanderbelt traverses the eastern portion
Watershed of the proposed severed lot. A minimum 30 metre naturally vegetated buffer is required
from the top -of -bank of the watercourse.
for Life 2. Based on our mapping, the watercourse with associated flood plain (Regional Storm
Flood Elevation = 238.59 to 225.72 magi), meanderbelt and unevaluated wetland with
associated 30 metre adjacent land traverses the central portion of the proposed retained
lot. A minimum 30 metre naturally vegetated buffer is required on each side from the
top-of-bank of the watercourse. An Environmental Impact Study may be required for any
proposed development within the unevaluated wetland or 30 metre adjacent lands.
3. Based on our mapping, the proposed severed and retained properties have potential
development areas outside of the regulated area.
Page I of 2
APR-07-2008 15:52 TOWNSHIP OF ORO-MEDONTE
04/07/2008 MON 14:54 FAX
(10
April 7, 2005
File No.: 2007 -B -22
ZMS No.: PLDC725C4
Mr. Adam Kozlowski
Secretary - Treasurer, Committee of Adjustment
Corporation of the Township of Oro- Medonte
Wage 2 oft
P.002/002
00021002
4. Based on our napping, the proposed 6 metre wide utility easement is located outside of
the regulated area.
Based on the above noted information, the LSRCA has no objection to the above noted Consent
application, subject to the following condition:
l . That a permit under Ontario Regulation 179106 be obtained from the LSRCA, prior to
the issuance of a municipal building permit for any proposed development within the
regulated portion of the above noted severed or retained properties.
Please be advised that in accordance with the Conservation Authority's Staff Report 28- 07-BOD
which provides for the collection of fees for the review of planning submissions, a Preliminary
Analysis Fee of $300.00 is required. The applicant should be advised that currently this fee is
outstanding and to please forward the above mentioned fee as soon as possible. By copy of this
letter to the applicant, we request that they submit the above mentioned fee at this time.
1 trust this meets your requirements at this tine. In order to facilitate our processing of this file,
please reference the above noted file numbers in future correspondence. If you have questions,
please do not hesitate to contact the undersigned at 905-895-128 1, extension 257. Please advise
us of your decision in this matter.
Fours truly,
Ian 'walker
Environmental Planner
1w/ph
C. Ms. R. Hamelin, County of Simcoe, 1- 705 - 726 -9832 - Fax
Mr. T. Cane, MCIP, RPP, ,lanes Consulting Group, 1 - 705 - 734 -1056 - Fax
W laAeston6shareftniW C'omsent (Land Division )\Oro- MedoatcU008LR07 -B -22 (Corim3t - UCCJ ConsoIida(ed Companies Jtic.) N -5 Windfield Drive - J .wpd
TOTAL P.002
"NNERS. ENGINEERS- SURVEYORS
Dear: Mr, Kozlowski.,
A-3
VIA COURIER
Mr, Adam Kozlowski
Secretary Treasurer
Township of Oro-Medonte
Committee of Adjustment
1408 Line 7 South
Box 100
Oro, Ont. LOL 2
705.487-2171 Mf
I — 7 - oq5z�o
M A R
N
IqRO- NMFDOTE
"i V, J,
Request to Amend Applications for Consent - Part of Lots 26, 27 and 2
Concession 5 (Windfield Drive) and Submit new Application for an Easement.
Our File: DAV-98160-75
This letter is to request an amendment to our previous Applications for Consent 2007/1322,
2007/1323, 2007/1324, 2007/B25 and 2007/B26, In particular, we request to amend the
severance sketch for application 2007/822 and close applications 2007/B23, 2007/B24,
2007/B25 and 2007/B26, I have enclosed a cheque for $250.00 to amend application
2007/B22 and I understand that you will be refunding a cheque in the amount of $1000
that was previously submitted in 2007 to amend 4 of the applications. This letter also
introduces information pertinent to a new application for an easement extending through
the proposed severed lot. A cheque for $900-00 is enclosed for this purpose as well,
The amendment of Application No. 2007/B22 is to reflect our client's decision to sell the
lands to an abutting neighbour, Discussions between the two parties have resulted in an
agreement to purchase the lot created in the attached severance sketch. The purchaser
wants to purchase the subject lands to maintain the 'status-quo" on Windfield Drive and
avoid future development across the road from his current residence,
The application remains consistent with the Township Official Plan and the Shoreline
Residential designation because the single lot to be created maintains existing character
and protects natural features. No site specific exceptions are required for the severance
as no development is contemplated and the severed lot meets the minimum provisions of
the Agricultural/Rural Zone,
The amended application also appears to be consistent with the Official Plan of the
County of Simcoe which permits the creation of lots through consent to a maximum of
one hectare in size "except where larger sizes may be suitable because of environmental
constraints or design considerations
As you are aware from previous submissions and discussions, environmental issues have
more or less dominated considerations involving the subject lands and certainly in this
regard, the provision of one lot is the most friendly lot configuration regarding existing
environmental constraints, In this regard, compliance with the County of Simcoe policy
(Policy 3.6,11 A) is achieved.
The second application involves as noted previously, the need for an easement. This
easement is intended to accommodate a water service extending from the proposed
UCCI Baywinds golf course community to the north and Lake Simcoe to the south. The
final 'leg"" of this easement will involve crossing Windfield Drive and the applicants"
property owned by Mr, & Mrs. Bryan Davidson, The easement will, more specifically,
deliver lake water to the golf course for irrigation purposes in the event it is needed.
H e o d Office: Barrie Suite 100 • 300 Lakeshore Drive, Barrie, ON L4N 07B4 705-734-2538 • 705-734-1056 , fa - x
Form 10 Rev I Collingwood 243 Ste, Marie Street Collingwood, ON L9Y 31 6 705-446-3230 * 705-446-3240 fax
ISO 9001:2000 Certified e S C orl S t 1
We do appreciate your patience over this extended period of time and your
understanding of the changes affecting the series of submissions to the Township of Oro-
Medonte, Your cooperation and help are note worthy and in this regard this letter is also
being copied to the Mayor and Mr, Bruce Hoppe to signal our appreciation in this regard.
Thank you again and we look forward to our presentation before the Committee of
Adjustment on April 7. 2008,
Sincerely..
THE JONES CONSULTING GROUP LTD.
Jones, MBA,, RPP, MCIP.
1111 1 .
.1 g Partner
m0 v�
:tm
.c Mayor Harry S, Hughes
Mr. Bruce Hoppe, Director of Planning and Development
Mr. Charles Burgess, Director of Planning, Lake Simcoe Region Conservation
Authority
Mr, Bryan Davidson, Applicant
Head Office'. Barrie Suite 100 ■ 300 Lakeshore Drive, Barrie, ON L4N OB4 705-734-2538 * 705-734-1056 fax
Collingwood 243 Ste, Marie Street Collingwood, ON L9Y 31 6 705-446-3230 ■ 705-446-3240 fax
Form 10 R(-v I ISO 9001:2000 Certified LN o n e s Q � ri L, - i —It -ir 1-9 --c � 0 2
SEVERANCE SKETCH
Windfield Drive West
PART OF LOTS 26,27 & 28, CONCESSION 5
TOWNSHIP OF ORO- MEDONTE
f:
UJ ' Baywinds
,.,
Adult Lifestyle Community-
(Lands to be Retained)
Subject
Lands FR,TYV
1 i
� yyiltS7ttELR RRlVE £
1
E a5r 1P
1
�3
E.
"# ?{
-A: 1, .�11 ff !If_
LANDS OF �
SAY1N1NDS ADULT LIFESTYLE COMMUNITY
1 l
■
'I
I ° 257.4
ICI ■ ;
I j� ■
I � I ■ ;
i
I ■
li ■
I�I ■
..s I I ■
0) I
[D I I ■
II
EXISTING LOTS ; CONCEPTUAL LOCATION ;
OF 6m WIDE
I
I UTILITY EASEMENT
I I ■ EXISTING
I ` I ■ 30M
I SETBAC i
I ■ FROM LOTS
t
I, CRSS i
I I ■
I I ■
258.95 ■
■
■
■
EXIST1 G LOTS
SCALE 1:2000
Subject Lands ����■
on Let Area: 4.39ha
{3
JONES
❑ L-+ � C�S11L7ING GIlPUr L74.
Township of Oro- Medonte
Committee of Adjustment
Planning Report for
April 17, 2008
Jim Drury
01113166-11W
1099 Old Barrie Road West, West Pt. Lot 11, Con. 5 (Former Oro) ............. ..... ...... . ................. .............................................................................................................................................................................................. .... .... ............................. . . . . . .. ............. ... .. ............... .......... ..........................
THE PROPOSAL
The purpose of application 2008_B -10 is to permit the severance of lands proposed for development
by plan of subdivision from the balance of the remaining parcel. The lands to be severed have an
area of 9 hectares, and are proposed for the future development of approximately 15 residential lots.
The lands to be retained would be vacant, and have a lot area of 33 hectares.
MUNICIPAL. POLICY, ZONING AND PREVIOUS APPROVALS
Official flan Designation — Rural Settlement .Area, Agricultural
Zoning Bye -late 97-95 — Agricultural/ Rural (A/RLD1 Zone
Environmental Protection (EP) Zone
Previous Applications — 2006 - SUB -02 (flan of Subdivision)
2006 - ;SBA. -04 (Zoning By -law Amendment for Subdivision)
AGENCY CO MMENTS
Nottawasaga Valley Conservation Authority — No ob ection to severance
Sn' ncoe County — See attached
Public Works Department -
Building Department —Igo concerns with severance
Engineering Department — No concerns with severance
BACKGROUND
The purpose of the application is to separate, by way of severance, a 9 hectare parcel that is
proposed for the development of a plan of subdivision from the applicant's overall 38.8 hectare land
holding.
The sub ect lands are located southeast of the intersection of Dine 4 North and Old Barrie Road
West, partially within the Edgar Settlement Area. The lands are currently used for farming, and
contain a single detached duelling. A watercourse bisects the property, located approxn' nately 200
metres cast of Dine 4 North, and flows southerly through both the proposed severed and retained
lands, and appropriately contains the overlying EP ;done. The "Lauder Road" Subdivision,
containing 30 residential lots, is located directly north across Old Barrie Road West from the subject
Lands. "I: "he property slopes gradually from northeast to southwest, where the watercourse forms a
shallow ravine. The lands are largely devoid of f6 age, where a small stand of trees is located in the
extreme southeast corner of the subject lands, however, this feature is not located on the lands
proposed to he severed.
OFFICIAL PLAN
The subject property is partially contained within two land use designations: the proposed retained
parcel is wholly designated A cultural, �� hile the proposed severed lot is designated Dural
Settlement Area (see attached sketch). 14or the purpose of this application, staff have discussed the
issue of the partial land use designation for the proposed severed lot, as the Agricultural designation
would not permit the creation of a new lot by way of severance. However, as the proposed severed
lot and subsequent development of a residential plan of subdivision will occur on lands within the
Rural Settlement Area designation, it is on this land use police that the application is being
considered. With respect to land use designation houndary interpretation, the Official Plan provides
for some flexibility when considering; development applications:
El. s — Irate- p- retat1*un oflan d use desig* na t un buundar es
The boundaties between land u s (,v de, ' naled on Me .� e 1��a whiles o1' [Me j an are e a proxiplate e.: ccPt
wlaere M1 y vieel xilh ro ad, s-, railway s... lot line f or o M e r clearly d f reed p1ys ical ft al rref and in /1aese
cases- are not open to f lex ible inletpr elation. r � . ljer e tlae general intent o f ll)e docurvient i.r vlainlainecl,
Pyinor a�l�uslriyent s- to boundaries mill not require aplendment to this plan... Y.1l)ere a lot is villain
wore Man one designation... each portion o1' 11)e lot shall be used in accordance with Me applicable
policies- ol'tlaat cdes-'gnation.
The proposed residential development, in the form of a plan of subdivision, is being proposed on
lands completely within the Rural Settlement Area designation, and in accordance with the general
development policies of the Official flan, will constitute a permitted and desirable form of
development.
With respect to both the proposed severed and retained. lots, Section D2.2.1 of the Official flan
contains policies with respect to the creation of new lots by wav of consent. in particular, the
"Committee shall he satisfied that the proposed lot:
a) Rants- on and will be direclly accessed by a prablic rand Mal is Ivainlrained on a fear -round ba is;
b) does not baiae direct access to a Provincial . 140)wgy or C'ougy load, unle,s.f Me _Pro vnc e or Me
(_,`ounty ,Q0Port s- the revues l;
c) will not cause a trqffic ha. ard;
cd bas adequate sz: e r n nta e _ior� the propo.s e it s-e in acc or rance will) Me Covy el�enes i��e �onlr(g
�y -lax and is colvpatible will) adjacenl uses;
e can be see rrcced ill an a propriale xaler .s upp# and means oj's-exa e di s o, al;
. will X201 1aa e a ne ,galh)e inypact on Me draina,ge�attern.� in Me area;
X) will not restricl the deiaeloptrvenl o f tlae retained lands- or oMer parcels- o f land, paaicularyl as it
relates to tlae proraision o f access, z1't1)ey are Ilesi,grzated Ar dei�elop ent try Mi,s- Plan;
l'J will not hai)e a neSalhle impact on Me_ features and functions- oJ'any ecological alum in tlae area;
i) will not baiv a n�galhle iiizpac t on Me quality and qu and ly o f lgroundwater ailailable _ for other uses
in Me area
2
Criteria a), b), and c) deal specifically with property access requirements and traffic. The proposed
severed lands., once developed, would contain a new municipal road for access to the 15 residential
lots. The retained parcel will continue to have frontage on both 1,ine 4 North, and on Old Barrie
Road West. Therefore, road access requirements for the creation of the new lot and for the retained
lands will be maintained.
Criteria e), 0 and i) deal mainly with the future development of a residential use. The criteria relating
to sewage, water supply, and drainage would be addressed during planning and engineering review of
W
the proposed plan of subdivision, and any building permits would be issued only when the
-requirements of the Building Code and any other applicable law are net to the satisfaction of the
Chief Building Official. Criteria d) and h) will be discussed below.
ZONING BY-LAW
I'lle subject proper"" is currently zoned Agricultural/ Rural (L;`\.IRU Zone. The proposed severed lot
will consist of 9 hectares, and will have 30 metres of frontage on 1,A'ne 4 North, and 411 metres of
frontage on Old Barrie Road West; the required frontage for a lot in the A/RU Zone is 45 metres,
and the required fflinimum lot area for a residential use is 0.4 hectares. The proposed retained lands
would consist of 33.2 hectares.,, and maintain 460 metres of frontage on I-A'ne 4 South, and 49 metres
of frontage on Old Barrie Road West. The minimum lot size for an agricultural use is 2 hectares.
Therefore, the proposed severed and retained lands would continue to meet with all requirements of
lot area and frontage for the A /RU Zone.
CONCLUSION
The proposed consent application for the creation of a lot by of severance maintains the intent
W
of the Official Plan, and cornplies with the minimum lot and use provisions as required by the
Zoning By -law.
W
RECOMMENDATION
It is recommended that Committee approve Consent Application 2008-B-10, being for the creation
of a lot having 30 metres of frontage on I,ine 4 North and 411 metres of frontage on Old Barrie
Road West, having an area of 9 hectares, subject to the following conditions:
1. That three copies of a Reference Plan of the subject lands prepared by an Ontario 1,and
Survevor be submitted to the ComMittee Secretary-Treasurer;
2. That the applicant shall submit to the satisfaction of the County's Transportation and
Engineering Department a copy of the draft reference plan for the proposed consent,
depicting the Countv's standard 15 x 15 metre daylight (sight) triangle at the northeast corner
of the retained lands, corresponding to the proposed intersection associated with the
proposed subdivision on the proposed severed lands;
3. That the applicant's solicitor prepare and submi't a copy of the proposed conveyance for the
parcel severed, for review by the Municipalit-VI;
W
3
4. That the applicant pav $2,000.00 for the lot created as cash-in.-lieu of a parkland
contribution;
5. 'I"hat the applicant pay a Development Charges Fee in the amount of $5034.95 �3y- aw 2004-
082 to the Township;
6. That all municipal taxes be paid to the Tow nship of Oro-Medonte;
7. That the conditions of consent imposed by the Committee be fulfilled within one year from
the date of the glVing of the notice.
All of which is respectfully spbmitted
ev 41,
Q-5
m Kozlowski
Planner
4
The Corporation of the Phone: (705) 726-9300 Fax: (705) 727-7984
County of
E-mail: greg.marek@simcoe.ca
Simcoe
Corporate Services Division 1110 Highway 26, Administration Centre
Transportation and Engineering Department Midhurst, Ontario LOL I XO
Adam Kozlowski
Secretary-Treasurer
Committee of Adjustment
Township of Oro-Medonte
148 Line 7 South
Oro, Ontario LOL 1X4
Dear Mr. Kozlowski:
** VIA EMAIL **
RE: Consent Application File No. 2008-B-10 (Drury)
1099 Old Barrie Road West, Concession 5, West Part of Lot 11, geographic
Township of Oro, Township of Oro-Medonte
Thank you for circulating the above-noted application to the County of Simcoe for review. The County
of Simcoe has no objection to the approval of the application, provided the following condition is
included:
The applicant shall submit to the satisfaction of the County's Transportation and
Engineering Department a copy of the draft reference plan for the proposed consent.
The County has requested this condition to ensure that the County's standard 15 x 15 metre
daylight (sight) triangle is provided at the northwest corner of the retained lands which corresponds
to the proposed intersection associated with the proposed subdivision on the proposed severed
lands.
Please forward a copy of the decision. If you require any further information, Please do not hesitate to
contact me.
Sincerely,
Greg larek, CPT
Plan nin g/Engineeri ng Technician (705) 726-9300 ext. 1362
XACorporateServicesTlanningO - Development& Planning D\D07 to D14 Development Correspondence\Oro-Medonte\Dlo Severance& D13
Variances'200812008-B-1 0 Drury CR1 1 doc
NSA�,q
April 3, 2008
Adam Kozlowski, Secretary - Treasurer
Committee of Adjustment
Township of Oro- Medonte
P.O. Box 100
Member Oro, Ontario, LoL 2Xo
Munici pal ities
Aclj a I a .- Tosoronti()
Dear Mr. Kozlowski;
Amaranth Re: Application for Consent 2008 -B -1 a
Barrie Pt. Lot 11, Concession 5, 1 099 Old Barrie Road West
The BlUe �ti�[our1tains Township of Oro- Medonte (Formerly Township of Oro)
Bradford- West Gwillinibury
Clearvievv The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this application for minor variance and based upon our mandate and policies
- "llir'`^' °�� under the Conservation Authorities Act, we have no objection to its
Fssi approval.
Ir1nisfil
Melanc: thon
Mono
MulMur
New tecumseth
Oro - Meclonte
Grey E fighlarlds
Shelburne
Springwater
Wasag i Beach
We note any issues regarding intensive development of the severed lands
will be dealt with through the Plan of subdivision process. We further note
that any development within an area regulated by the NVCA under the
Conservation Authorities Act will require a permit prior to commencement.
Thank you for circulating this application for our review and please forward
a copy of any decision.
Sincerely,
Tim Sa lkeld
Watershed Resource Planner
Counties
Sirnc:oe
Dufferi n
Grey
Member of
Conservation
ONTARIO
Natural Champions
e R C. EIVI!-
0
APR 0 7 1008
OF10- EDONTE
TOWNSHIP
Conserving our He ,7Ithy Waters
NOTTAWASAGA VALLEY CONSERVATION AUTHORITY Centre for Conservation
John HA Conservation Administration Centre Tiffin Conservation Area 8195 8th Line Utopia, Can LOM 1 TO
Telephone: 705.424.1 479 Fax: 705.424.2 1 15 Web: www.nvca.on.ca Email: admin @nvca.on.ca
13 Poyntz Street
Barrie, Ontario L4M 3N6
TI ( 705) 728.004-5
F: (705) 728.2010
www.mhbcp1an.com
mhbcplan.com
tarn F, MacNaughton
MA, FOR RPP
Bernard P. Hermsen
BE S, MCIP, RPP
Pal R. Britton
BES, MCIA RPP
W. Brent Clarkson
IMA, MCIP, RPP
James D. Parkin
BES, MCIP, RPP
Carol M. Wiebe
BES
Kris Menzies
ES, MCIP RPP
David A.. NIcKay
D ES, MCIP RPP
Brian A. Zem,,in
BE S, MCIP RPP
Offices In.
lchener
V�auuha
London
Kingston
Barrie
it 'jown and Rural Planning
4 nicipal Flans and Studies
Land Development
Urban .Design I
Community Planning
Landscape Architecture
Natural Resource
and Aggregate Planing
Expert Evidence
and Mediation
Project Management
March 2, 2008
Adam Kozlowski, B. URPL.
Planner
Township unship of Oro- Medonte
148 Line 7 South
Oro, Ontario
LOL 1X0
Tear Mr. Kozlowski:
Re: Consent Application Submission — Jim D r�x
1099 Old Barrie Road West Concession 5. '"west Part of Lot l 1 Ora
Township of r- Mednte
Please find attached our Consent Application submission for the above noted
property. Accompanying this application are the following:
I . One copy of the completed application form;
2. Cheque in the amount of 900. 00 payable to the Township
being the required Consent application fees;
One I 1 x 17 and one .l l copy of the Consent drawing;
4. ,letter of authorization authorizing MHBC Planning and Terra
Ridge Development Inc. to act as agents,
The intent of the application is to obtain a severance of the lands which are the
subject of a draft plan application currently being processed through the
municipality.' The balance of the lands are located outside of the settlement
boundary and will continue to be utilized for agricultural purposes.
We look forward to working with you through the processing of this application and
would be pleased to discuss this further at your earliest convenience.
Respectfully submitted,
AHMC Planning
Andrea Leigh, MCIP, R_P
Associate
cc. J. Drury
D. Bolyea, Terra Ridge Development Inc.
Marc. 27, 2008
Township of Oro - Medont
148 Line 7 Sot.
Box 100
Oro, ON
LOL 2Xo
Attn: Adam Kozlowski, B.URPI
Planner
To Whom It May Concern:
Re: Jinn DM, Concession 5, West Part of Lot 11 1.099 Old Barrie Road �t
Township of Oro- Medonte (formerly Ciro
Please accept this letter as authorization for MaNa.ton Hernsen Britton Clarkson
Planning Limited (MHBC Planning) and Werra Ridge Development Inc. to act as our
agent, on our behalf, concerning all matters pertaining to planning approvals for the
above noted parcels.
Yours Truly,
Jim Drury
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SUBJECT LANDS
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1099 OLD BARRIE Rd W
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CONSENT PLAN
WAN LOT 11, CONCESSION
GEOGRAPHIC TOWNSHIP OF ORO
AREA SCHEDULE
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Township of Oro- Medonte
Committee of adjustment
Planning Report for
April 17, 2008
John and Tanya G-renkie
2ooxA -2
252 Line 11 South (Former!2,no)
THE PROPOSAL
The applicant is proposing to construct a 73 square metre addition onto the south side of an
existing 167 square metre single detached dwelling. The applicant is requesting the fallow *g
relief from `section 4, Table B1 of Zonm*g By-law 97 -95:
eguired Prgposed
Mim*mum Front Yard Setback, R.1 Zone: 7.5 metres 3.3 metres
MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS
Official flan Designation -- Hawkstone Residential area
Zoning By, -law 97--95 --- Residential One (R1) Zone
Previous Applications -- none
AGENCY COMMENTS (space is provided for the Committee to make notes)
Public warps Department —
Building Department — No concerns
Engineering Department -- No concerns
Background
The applicant has proposed to construct a 73 square metre addition onto the south side of an
existing 167 square metre single detached. dwelling. The addition is to be located
approxnnately 3.3 metres (10.8 feet) from the front property lime. The location of the
existing dwelling, which is within the required 7.5 metres (24.6 feet) front yard setback as
required in the Residential One Zone. .according to Township records the house was
constructed in 1870, which precedes the current By -lawn and as such, an-v addition onto the
front of the dwelling would require relief from the front yard setback provision.
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.woes th e vari an ce conforrn to the gen em] Jn' ten t of the off coal Plan ?
The property is designated Hawkstone Residential by the Official Plan. A single detached
dwelling is a permitted uses in the Hawkstone Residential designation. Therefore, the
proposal would conform with the intent of the policies contained in the Official Plan.
Does the va_rmnce co form to the geneml J*n tent of the Zoning By; ,qw?
The subject property is zoned Residential One (Rl) Zone. Permitted uses in the R1 Zone
include single detached dwellings and accessory structures. The intent of the Bv-law in
relation to the front yard setback is to ensure an adequate distance exists between the
traveled portion of the roadway and structures. The variance seeks to reduce the front yard
setback from the required 7.5 metres to 3.3 tnetres in order to permit an addition onto the
south side of the existing dwelling. The applicant is not requesting to further encroach closer
to the front lot line then what already exist. The proposed addition will be behind the
existing front yard setback of the dwelling. The applicant is proposing to maintain a 7.2
metres interior side yard on the south side of the dwelling, which is greater than the required
2.5 metres. This would provide adequate area for parking and access to the rear yard.
On the basis of the above) the proposed variance would therefore maintain the general
intent of the Residential One (R1) Zone, as prescribed by the Zoning By-law.
Is the varianceqppropr_iate for the desi'Table development of the lot?
The proposed addition to the dwelling would appear to be appropriate for the desirable
development of the lot, and would be in keeping with the general characteristics of the
surrounding residential area. Due to the location of the existing dwelling being closer to the
roadway then what is perrnitted in the Residential One [rl Zone, any additions to the
dwelling would require a variance for relief from the front yard setback. Further, the
proposed dwelling constitutes a form of development that is permitted within the
Residential One Zone, and is appropriate development in relation to the surrounding
neighbourhood.
Is the vari;ince m_i*no_r?
It is minor because it does not further increase the existing dwelling's front yard deficiency.
Also, the addition will still provide a large side yard for vehicle parking and access to rear
yard.
Based on the above the proposed variance is considered to be minor.
CONCLUSION
The application to permit an addition to an existing dwelling on the subject property
generally satisfies the four tests of a minor variance.
K
RECOMMENDATIONS
It is recommended that the Committee grant Minor Variance 2008 -A -143, being a minor
variance to reduce the front yard setback from 7.5 metres to 3.3 metres for an addition on an
existing dwelling subject to the following conditions:
1. The proposed addition at the south of the existing dwelling shall be setback no
closer than 3.3 metres from the front property line, and that a Ontario Land
Surveyor provide verification to the Township of compliance with Comrru'ttee's
decision;
2. That the setbacks be in conforn- itv with the dimensions as set out in 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
r
provided for within the Planning Act R.S.O. 1990, c.P. 13.
All of which is respectfully submitted,
f
Steven Farquharson, B.URPL
junior Planner
K
Reviewed by,
Glenn White, MCIP, RPP
Director of Planning
SUBJECT LANDS
252 LINE 11 SOUTH
VARIANCE FOR FRONT YARD SETBACK
7.5 METRES TO 3.3 METRES
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SURVEYOR S CERTIFICATE
L E G.. E' HERESY CERTIFY TKAT
,,3- - oENOT IE3 5 G" 3(j IF�ON SAR 2'LONG It 1. THE RELATIO14SHIP 119TWIE" THE PROPEATY LIVITS
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DEN OT E,5 MCNU M .Y, TS , T HE FOV#�Q suRVET WAS COMPLETED 014 THC 1311% DAT OF
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ON PART OF
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TOWNSHIP OF ORO
COUNTY OF SIMCOE
SCALE ' I INCH = 30 FEET
PAUL R, KITCHEN, 0. L..S.
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SURVEYORS CERTIFICATE
LEG ENE) HEREBY CERTIFY THAT
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5 SIB- - - " "QEMOTES A 1 50. STANDARD JR014 BAR �'LONO, E, THE REL
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r0iOTION#
APR 0V<
MEU ING� rOUNCIU-1
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Commi"ttee of Adipatylent M'Inutes
Thursday Mprch 20, ZOOS ,,. 9:30 ammo
In Attendance: Member Rick Webster, Chairperson Michelle Lynch, Member
Lynda Aiken; Member Bruce Chappell; Secretary-Treasurer Adam Kozlowski
Regrets: Member Garry Potter
None.
2. Disclosure of Pecun*lary Interest
None declared.
Commiftee of Adjustment -March 20, 2008
Page 1
3. Hearings. Q
9:30 2007-A-31 Gus McGrath
(Revised) Plan 702, Lot 9
1197 Line 2 South
(Former Township of Oro)
In Attendance: Kim McGrath, Applicant.
9
Secreta.ry-Treasurer Adam Kozlowski read correspondence received from
Sjaak & Yvonne Breg, dated March 16, 2008 indicating objection to the
application. Letter from John & Tassia Bell, dated March 18, 2008
indicating "concerns" for application was received after the hearing.
Motion No. C14 080320-1
BE IT RESOLVED that:
Moved by Lynda Aiken, seconded by Bruce Chappell
"Committee approve Revised Variance Application 2007-A-31 (REVISED), for
the construction of a detached garage having an area of 58 square metres, to be
located 7.5 metres from the front property line, subject to the following
conditions:
1. That the size of the detached accessory building be no larger than 58
square metres;
2. That the detached accessory building be located no closer than 7.5
metres from the front property line;
3. That the detached accessory building, notwithstanding Section 5.1.3 a),
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 7.5 metres from the front
property line; and that the detached garage be no larger than 58 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 Ad; ustm ent- March 20, 2008
Page 2
C
9:45 2008-A-07 Dale McEacDerr
Plan 104, Lot 8
41 Church Street
(Former Township of Oro)
In Attendance: Rod Suddaby, Agent for Applicant; Dale McEachern,
ApplicantS
Motion No. CA 0320 -2
BE IT RESOLVED that-.
Moved by Bruce Chappell, seconded by Rick Webster
"Committee approve Variance Application 2008-A-07, being for the construction
of a new 171 square metre, 1.5 storey single detached dwelling containing a
covered porch and deck, and for the front yard setback to be reduced from the
required 7.5 metres to 3.89 metres, measured from the northwest corner of the
proposed dwelling to the front property line, and 3.65 metres, measured from the
northeast corner of the proposed dwelling to the front property line, 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 and construction drawings 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 verifying in writing that the
new dwelling be setback no closer than 3.89 metres, measured from the
northwest corner of the proposed dwelling to the front property line, and
3.65 metres, measured from the northeast corner of the proposed
dwelling to the front property line-,
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-March 20, 2008
Page 3
ttM
100-00 2008-A-1 0 Keith Kitchen
Concession 13, East Part of Lot 4
3890 Line 13 North
(Former Township of Medonte)
In Attendance: Keith Kitchen, Applicant.
Secretary-Treasurer Adam Kozlowsklo read correspondence received from
Patricia Robbins and; Jody McHugh and; Dan & Bernice McHugh (no
objection to application).
Motion No. CA080320-3
BE IT RESOLVED that:
Moved by Rick Webster, seconded by Lynda Aiken
"Committee approve Variance Application 2008-A-10, being for the construction
of a 124.9 square metre detached accessory building, subject to the following
conditions,:
1. That notwithstanding Section 5.1.6 of Zoning By-law 97-95, the structure
shall otherwise comply with all other provisions for detached accessory
buildings, as required under Section 5 of the Zoning By-law-,
2. That the floor area of the detached garage not exceed 124.9 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
floor area of the detached accessory structure not exceed 124.9 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.
Committee of Adjustment-March 20, 2008
Page 4
10:15 2008-A-1 1 Lynn Taylor y J
Plan 486, Lots 2 & 3
17 Bay Street
(Former Township of Oro)
In Attendance: Lynn Taylor, Applicant.
ow
4914
Moved by Rick Webster, seconded by Bruce Chappell
"Committee grant Minor Variance 2008 -A -11 subject to the following conditions:
1. Notwithstanding Section 5.6 g) of Zoning By-law 97-95, that the maximum
height of the proposed boathouse shall not exceed 7.18 metres above the
average high water mark elevation of 219.15 metres for Lake Simcoe; and
that the location of the boathouse be in conformity with the sketch
submitted with the application and approved by Committee;
2. That an Ontario Land Surveyor provide verification to the Township of
compliance with the Committee's decision by verifying in writing by way of
survey/real property report that the height of the boathouse not exceed 7.18
metres,
3. That the boathouse not be used for human habitation, and comply with all
other boathouse provisions as contained in Section 5.6 of Zoning By-law
97-95;
4. That the appropriate building permit be obtained from the Township's Chief
Building Official only after the Committee's decision becomes final and
binding, as provided for within the Planning Act R.S.O. 1990, c. P. 13.
5. That the appropriate permit(s) and any other necessary approval(s) be
obtained from the Lake Simcoe Region Conservation Authority, as
required.
Carried
Committee of Adjustment- March 20, 2008
Page 5
10:30 2008-A-09 Cameron & Katherine Gausby
Concession 3, Lot 23
475 Line 2 South
(Former Township of Oro)
In attendance: Gordon Knox, Planner, Reinders-Southpark, Agent for
Applicant; Cameron & Katherine Gausby, Applicants.
Secretary-Treasurer Adam Kozlowski read correspondence from Robert
Sutherland and; Patricia Clark and; Dyanne Ratner and; Ed & Kaari
Piotrowski no objection to application) and; letter from Tim Salkeld,
Resource Planner, Nottawasaga Valley Conservation Authority, dated
March 10, 2008 indicating no objection to application.
BE IT RESOLVED that:
Moved by Bruce Chappell, seconded by Lynda Aiken
"Committee approve Variance Application 2008-A-09, being to allow a home
occupation business to operate out of an accessory building, which will have two
additional employees who are not residents of the dwelling unit.
Carried ".
Committee of Adjustment-March 20, 2008
Page 6
10:45 2008-B-06 Peter & Jean Hofman
Concession 3, Lot 9
4641 Line 2 North
(Former Township of Mellor te)
In attendance: Peter & Jean Hofman, Applicants,,
Motion No. CA080320 - 6
BE IT RESOLVED that:
Moved by Lynda Aiken, seconded by Bruce Chappell
"Committee grant Provisional Consent to Application 2008-B-06 to convey a strip
of land having a frontage of 3.6 metres on Line 3 North, and a depth of 179
metres to the land adjacent to the north (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,
3. That the severed lands be merged in title with 4608 Line 3 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 0.7
ha;
5. That the applicants solicitor provide an undertaking that the severed lands
and the lands to be enhanced will merge in title;
C. That the conditions of consent imposed by the Committee be fulfilled
within one year from the date of the giving of the notice.
Carried ".
Commiftee of Adjustm ent- March 20, 2008
Page 7
11X00 2008-13-07 Raymar Investments Ltd.
1705 Mount St. Louis Road
Concession 13, Lot 10
(Former Township of Medonte)
In attendance: No one in attendance for this application,
Secretary-Treasurer Adam Kozlowski read correspondence from rim Salkeld,
Resource Planner, Nottawasaga Valley Conservation Authority, dated March 5,
2008 indicating no objection to application.
Motion No. CA080320 - 7
BE IT RESOLVED that:
Moved by Bruce Chappell, seconded by Rick Webster
"That the owner submit a revised application depicting the lot to be enhanced to be in
compliance with the minimum lot area required for a residential use in the A/RU Zone
Carried"
Motion No. CA080320 - 8
BE IT RESOLVED that:
Moved by Bruce Chappell, seconded by Lynda Aiken
"Committee grant Provisional Consent to Application 2008-B-07, being for a conveyance
of land having 11.59 metres of frontage on Mount Saint Louis Road, and an area of
0.085 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 Concession 13, East part of Lot
10, known as RP-51R768 Part 15, PIN 74059-0012 (LT), 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 the conditions of consent imposed by the Committee be fulfilled within
one year from the date of the giving of the notice.
Deferred
Committee of Adjustment-March 20, 2008
Page 8
11:15 2008-A-06 Raymond Dumont
Concession 1, East Pt. Lot 10
2109 Gore Road
(Former Township of Oro)
In attendance: Raymond Dumont, Applicant,
SecretarymTreasurer Adam Kozlowski read correspondence from T'im
Sallee d, Resource Planner, Nottawasaga Valley Conservation Authority,
dated February 21, 2008 indicating no objection to application.
103IT110IMNIM0
BE IT RESOLVED that:
Moved by Lynda Aiken, seconded by Rick Webster
"Committee approve Variance Application 2008-A-06, being for a reduction of
the front yard setback from the required 8 metres to 6.92 metres, and for the
construction of a 3 storey, 236.25 square metre single detached dwelling, 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. The an Ontario Land Surveyor provide verification of Committee's
decision by certifying in writing that the proposed dwelling be no closer
than 6.92 metres from the front lot line; and that the Proposed dwelling be
no closer than 9.43 metres from the watercourse to the south of the
Proposed dwelling;
3. That the applicant obtain any required permit(s) and/or approval(s) from
the Nottawasaga Valley Conservation Authority for the construction of the
dwelling;
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-March 20, 2008
Page 9
% tz
4. Other Business 1"N
i. Adoption of Minutes from February 21, 2008 meeting
I # J
BE IT RESOLVED that-,
Moved by Lynda Aiken, seconded by Bruce Chappell
"That the minutes for the February 21, 2008 Committee of Adjustment Meeting
be adopted as printed and circulated
5. Adl urnment
Motion No. CA 80820 -11
BE IT RESOLVED that,.,
Moved by Michelle Lynch, seconded by Rick Webster
"We do now adjourn at 12:00 pm
...Carried."
. 40 . Carried."
(NOTE: A digital recording of this meeting is available for review.)
Chairperson
Michelle Lynch
Secretary-Treasurer
Adam Kozlowski
Committee of Adjustment-March 20, 2008
Page 10