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06 19 2008 C of A MinutesTOWNSHIP OF ORO-MEDONTE COMMITTEE OF ADJUSTMENT MEETING AGENDA COUNCIL CHAMBERS Thursday, June 19, 2008 9:31 a.m. 1. OPENING OF MEETING BY THE CHAIR Michelle Lynch assumed the Chair and called the meeting to order. Present: Chair Michelle Lynch Member Lynda Aiken Member Rick Webster Member Bruce Chappell Regrets: Member Garry Patter Staff Present: Steven Farquharson, Intermediate Planner Marie Brissette, Deputy Secretary Treasurer 2. ADOPTION OF AGENDA CA080619-01 Moved by Chappell, Seconded by Webster It is recommended by the Committee of Adjustment that: the agenda for the Committee of Adjustment meeting of Thursday, June 19t", 2008 be received and adopted as amended: 5 i} Amend 2008-A-06 to 2008-A-16 5 n} Amend 2008-8-02 (Revised} to 2008-B-03 (Revised) Carried. 3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" None. 4. MINUTES OF PREVIOUS MEETINGS OF COUNCIL: a) Minutes of Committee of Adjustment Meeting of May 15, 2008. CA080619-02 Moved by Webster, Seconded by Aiken It is recommended by the Committee of Adjustment that: the minutes of the Committee of Adjustment meeting of Thursday, May 15t", 2008 be received and adopted as presented. Carried. 5. PUBLIC MEETINGS: a) Application: 2008-8-17 to 2008-B-18 Applicant: Anne Jassoy Location: Lat 26, Con. 7, 26 lakeshare Road West (Formerly Township of Oro) Proposal: Sever 2 lots CAO$U619-03 Moved by Webster, Seconded by Aiken Be it resolved that the Committee of Adjustment defers the discussion and decision for application 2008-B-17 to 2008-8-18 (Anne Jassoy) far 26 Lakeshore Raad West, lot 26, Concession 7 (Formerly Township of Ora), in order to receive and consider comments from the Lake Simcoe Regional Conservation Authority, as per their request dated June 12, 2008. Carried. Page 2 Committee of Adjustment Minutes -June 19, 2008 Applications 20D8-B-2D (ltem 5b)), ZDD&8-21 (Item 5c)) and 2DD8-A-17 (item 5c)), were considered jointly. b) Application: 2008-8-20 Applicant: Glen Oldfield location: North Part of lots 2, Concession 1, 8882 Highway 12 (Formerly Township of Orillia} Proposal: Boundary Adjustment c} Application: 2008-B-21 Applicant: Glen Oldfield location: North Part of lots 2, Concession 1, 8882 Highway 12 (Formerly Township of Orillia} Proposal: Technical Severance d) Application: 2008-A-17 Applicant: Glen Oldfield location: North Part of Lots 2, Concession 1, 8882 Highway 12 (Formerly Township of Orillia) Proposal: Variance -Frontage Michael and Mabel Sim expressed concerns over the width of the proposed driveway, noted that various trees would be removed, and questioned access for emergency vehicles. The Sims informed the Committee of continuous vehicular travel and noise issues. John and Fiosalee Bard noted that the proposed driveway was a hydro corridor providing hydro service to adjacent properties and questioned whether poles would be removed to accommodate the driveway. Diane Pappas expressed concern over snow removal and storage, noted the wetlands in the area of the proposed driveway. Colleen Hughes articulated concerns of an additional driveway in a congested area. The Committee received comments from the Ministry of Transportation. The Committee directed staff to circulate the application to Hydro and the Township's Fire Department. CA080619-04 Moved by Chappell, Seconded by Aiken Be it resolved that the Committee of Adjustment defers the discussion and decision for application 2008-B-20, 2008-B-21 and 2008-A-17 (Glen Oldfield) for North Part of Lots 2, concession 1, 8882 Highway 12 (Formerly Township of Orillia), in order to receive and consider comments from the Applicant, as per his request on June 18t", 2008. Carried. Page 3 Committee of Adjustment Minutes -June 19, 2008 e) Application: 2008-B-24 to 2008-B-30 Applicant: Paul and Gynthia Crooks location: Lat 15, Concession 11 (Formerly Township of Oro) Proposal: Sever 7 Lots Robert Ward informed that the area was a high traffic area, Hated environmental issues in the area, and noted that the Schaal in the area was at capacity. Greg May noted that the application was precedent setting, and outlined a crick in the area. Steve and Doyle CoDyre questioned whether the area could support additional wells, noted various environmentally sensitive lands as well as a river, the high traffic and fear of the area resembling a subdivision. Lynda Roe supported the development. Sherry McKinnon reiterated the comments regarding the environmentally sensitive lands and the school being overloaded, and noted various wildlife in the area. CA080619-05 Moved by Aiken, Seconded by Webster Be it resolved that the Committee of Adjustment defers the discussion and decision for application 2008-8-24 to 2008-B-30 (Paul and Cynthia Crooks) far East Part of Lot 15, Concession 11 (Formerly Township of Oro), in order to receive and consider comments from the lake Simcoe Regional Conservation Authority, as per their request dated June 12, 2008. Carried. Page 4 Committee of Adjustment Minutes -June 19, 2008 f} Application: 2008-8-31 to 2008-&32 Applicant: Paul and Cynthia Crooks Location: East Part Lot 15, Concession 11, 1472 15/16 Sideroad {Formerly Township of Oro) Proposal: Sever 1 Lot and Boundary Adjustment The Committee directed staff to circulate the Township's Building Department to address concerns regarding the shared septic and well. CA080619-Q6 Moved by Aiken, Seconded by Chappell Be it resolved that the Committee of Adjustment defers the discussion and decision far application 2008-8-31 to 2008-B-32 {Paul and Cynthia Croaks) for Lot 15, Concession 11 {Formerly Township of Oro), in order to receive and consider comments from the Lake Simcoe Regional Conservation Authority, as per their request dated June 12, 2008. Carried. Page 5 Committee of Adjustment Minutes -June 19, 2008 g} Application: 2008-B-22 Applicant: Ian Johnstone location: Lot 22, Concession 10, 274 line 9 South {Formerly Township of (Jra) Proposal: Boundary Adjustment CAO$0619-07 Moved by Aiken, Seconded by Webster Be it resolved that the Committee of Adjustment defers the discussion and decision far application 2008-8-22 {Ian Johnstone} for 274 Line 9 South, Part of Lot 22, Concession 10 {Formerly Township of 4ra), in order to receive and consider comments from the lake Simcoe Regional Conservation Authority, as per their request dated June 13, 2008. Carried. Page 6 Committee of Adjustment Minutes -June 19, 2008 h) Application: 2448-8-23 Applicant: Indian Park Association Location: Lot 3, Concession 6, RP M-8, Black D, 15 Algonquin Trail {Formerly Township of flro) Proposal: Creation of New Lot Andria Leigh, Agent far the IPA was present. Anne Budge suggested the subject property be sold or donated to the Township, provided a descriptive overview of the IPA. The Committee received comments from Melanie Franner and the Nottawasaga Valley Conservation Authority. CAC)$Q619-0$ Maned by Aiken, Seconded by Webster It is recommended that the Committee of Adjustment grant provisional consent to Application 2448-8-23 for the creation of a new recreational lot, having an area of 4.5 hectares and frontage on Algonquin Trail of 114 metres subject to the following conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the applicant pay $ 2,444.00 far the lot created as cash-in-lieu of a parkland contribution; 4. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 7 Committee of Adjustment Minutes -June 19, 2008 i) Application: 2008-A-16 Applicant: Raymand Dumant Lacatian: Lat 10, Cancessian 1, 2109 Gare Raad (Farmerly Tawnship of Oro) Proposal: Variance -Max Flaar Area and Setback to EP Zane Raymand Dumant was present. CAp$0619-09 Moved by Aiken, Seconded by Webster Be it resolved that the Committee of Adjustment defers the discussion and decision far application 2008-A-16 (Raymond Dumant) far 2109 Gare Raad, Cancessian 1, East Part Lot 10 (Formerly Tawnship of Ora), in order to receive and consider comments from the Nottawasaga Valley Conservation Authority. Carried. Page 8 Committee of Adjustment Minutes -June 19, 2008 j) Application: 2008-A-1$ Applicant: Brent Laing and t_eah Friesen Location: Lot 27, Plan M10, 39 Pine Ridge Trail (Formerly Township of Medante) Proposal: Variance -Shed Located in Front Yard Leah Friesen was present. CAp80619-1 Q Moved by Chappell, Seconded by Webster It is recommended that the Committee of Adjustment approves Variance Application 2008-A- 18, for the construction of a detached accessory structure having an area of 11.8 square metres, to be located 14.9 metres from the front property line, subject to the following conditions: 1. That the detached accessory building, notwithstanding Section 5.1.3 a), otherwise meet with all other provisions for detached accessory buildings; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying in writing that the detached shed be located na closer than 14.9 metres from the front property line, in accordance with the sketch submitted with the application; 3. That the applicant obtain any permits andlor approvals, if required, from the Nottawasaga Valley Conservation Authority; 4. That the appropriate building permit be obtained from the Township's Ghief 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. Page 9 Committee of Adjustment Minutes -June 19, 2008 k) Application: 2008-A-19 Applicant: Mike and Wendy Guthrie bocatian: North Part bat 22, Concession 11, 193 line 10 South (Formerly Township of Ora) Proposal: Variance -Side Yard Setback for Barn Mike Guthrie was present. The Gammittee received correspondence from Clayton Perry. CA080619-11 Moved by Aiken, Seconded by Webster It is recommended that the Committee of Adjustment approves Variance Application 2008-A- 19, being for the construction of an agricultural structure having an area of 148 square metres, to be located 8 metres from the north interior side lot line, subject to the following conditions: 1. That an Ontario land Surveyor provide verification to the Tawnship of compliance with the Committee's decision by verifying in writing that the agricultural structure be located no closer 8 metres from the north side lot line; 2. That the applicant obtain any permits and/or approvals, if required, from the Lake Simcoe Region Conservation Authority; 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. Page 10 Committee of Adjustment Minutes -June 19, 2008 I) Application: 2008-A-20 Applicant: Joanne Davison and Gordon Kennedy Location: Lat 27, Concession 7, 92 Lakeshore Road West {Formerly Township of Oro) Proposal: Variance -Front Yard Setback CA08U619-12 Moved by Chappell, Seconded by Aiken It is recommended that the Committee of Adjustment approves Minor Variance 2008-A-20, being to grant a reduction for the front yard setback from 6.5 metres to 4.7 metres for the construction of a balcony having a floor area of 14.1 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 the balcony be located na closer than 4.7 metres from the front lot line 2. That the applicant receive any necessary permits andlor approvals from the Lake Simcoe Region Conservation Authority, if required; 3. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided far within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 11 Committee of Adjustment Minutes -June 19, 2008 m) Application: 2008-A-21 Applicant: Lawrence Crook Location: Lot 9, Plan 104 RP 51 R2540, 1180 Line 2 South (Formerly Township of Oro) Proposal: Expansion of Non-Conforming Use and Accessory Structure in Front yard CA080619-13 Moved by Chappell, Seconded by Aiken It is recommended that the Committee of Adjustment approves Application 2008-A-21 subject to the following conditions: 1. That the applicant obtain the necessary permits} and approval(s) from the Lake Simcoe Regional Conservation Authority, if required; 2. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 12 Committee of Adjustment Minutes -June 19, 2008 n) Application: 2008-8-03 {Revised) Applicant: Anthony and Dianne Keene Location: West Half Lot 24, Concession 8, 143 Ridge Road East {Formerly Township of Oro) Proposal: Creation of a New Lot GAO$0619-14 Moved by Chappell, Seconded by Webster It is recommended that the Committee of Adjustment grant provisional consent to Application 2008-8-03 {Revised) far the creation of a new residential lot, having an area of 0.3 hectares and frontage on Ridge Road East of 3$ metres subject to the following conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Qntario 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, far review by the Municipality; 3. The applicant enters in to a Site Plan Control agreement to address the requested conditions of the Lake Simcoe Conservation Authority. 4. That the conditions of consent imposed by the Committee be fulfilled within one year from the date pf the giving of the notice. 5. That the applicant pay $ 2,000.00 for the lot created as cash-in-lieu of a parkland contribution. Carried. Page 13 Committee of Adjustment Minutes -June 19, 2008 6. STAFF REPORTS: a) Marie Brissette, Deputy Secretary Treasurer Re: Tree cutting by-law update CA080fi19-15 Moved by Aiken, Seconded by Chappell It is recommended that the verbal information received from Marie Brissette, Deputy Secretary Treasurer, re: Tree Cutting By-law, be received. Carried. 7. NEW BUSINESS a) Appoint Steven Farquharson as Secretary Treasurer CA080619-16 Moved by Aiken, Seconded by Chappell It is recommended by the Committee of Adjustment that: Steven Farquharson be appointed Secretary Treasurer. Carried. 8. ADJOURNMENT CA080619-17 Moved by Chappell, Seconded by Webster It is recommended that we do now adjourn at 1:25 p.m. until 9:30 a.m., Thursday, July 17th, 2008 or at the call of the Chair. Carried. Chairperson Michelle Lynch Deputy Secretary-Treasurer Marie Brissette (NOTE: A digital recording of this meeting is available for review.) Page 14 Committee of Adjustment Minutes -June 19, 2008