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07 17 2008 C of A Minutes__ TOWNSHIP OF ORO-MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES COUNCIL CHAMBERS DATE: THURSDAY, JULY 17, 2008 TIME: 9:33 A.M. Present: Michelle Lynch, Chair Garry Patter Lynda Aiken Rick Webster Bruce Chappell Staff present: Steve Farquharson, Secretary Treasurer Marie Brissette, Deputy Secretary Treasurer 1. OPENING OF MEETING BY THE CHAIR ~, ~ , -,;,,, r ,~ ~ ~ 'I ~, 4 Michelle Lynch assumed the Chair and called the meeting to order at 9:33 a.m. 2. ADOPTION OF AGENDA GA0807i 7-01 Moved by Potter, Seconded by Chappell It is recommended that the agenda for the Committee of Adjustment meeting of Thursday, July 17`", 2008 be received. Carried. 3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" None. 4. MINUTES OF PREVIOUS MEETING a) Minutes of Committee of Adjustment Meeting of June 19, 2008. CA080717-02 Moved by Chappell, Seconded by Webster It is recommended by the Committee of Adjustment that the minutes of the Committee of Adjustment meeting of Thursday, June 19t", 2008 be received and adopted as amended to delete "Agenda" after Committee of Adjustment Meeting in the Header. Carried. Committee of Adjustment -July 17, 2Q08 Page 1 5. PUBLIC MEETINGS a) Application: 2007-A-10 Applicant: Richard Wainman Location: Penetanguishene Road, Con. 1, Lot 18, (Oro), Township of Oro-Medonte Proposal. Extension of timeline CA080717-03 Moved by Patter, Seconded by ChappeN It is recommended that the Committee of Adjustment approves the request from Richard Waiman, Application 2007-A-10, for an extension on condition #4 of motion CA070517-t, being "That all work be completed according to Ontario Building Cade Requirements on or before May 17, 2008." until October 15s, 2008. Carried. Committee of Adjustment -July ? 7, 2008 Page 2 b} Application: 2008-8-17 to 2408-B-18 Applicant. Anne Jassoy Location: Lot 26, Con. 7, 26 Lakeshore Road West, i;Oro}, Township of Oro-Medonte Proposal: Sever 2 lots Patrick and Anne Jassoy, Applicants, were presen#. GAO$0717-04 Moved by Aiken, Seconded by Potter It is recommended that the Committee of Adjustment grant provisional approval to Consent Application 2008_g-17, to create a new residential lot having a frontage on Lakeshore Road West of 33 metres, and a lot area of 4.24 hectares. Also Committee grant provisional approval to Consent Application 2408-8-18, to create a new residential fot having a frontage on Lakeshore Road West of 36 metres, and a lot area of 4.2 hectares; subject to the foNowing conditions for each application: 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 payee( severed, for review by the Municipality; 3. That the applicant pay $ 2,004.44 for each lot created as cash-in-lieu of a parkland contribution; 4. That all municipal taxes be paid to the Township of Oro-Medonte; 5. That the applicant verify the sewage system meets the minimum required setbacks as per Part 8 of the Ontario Building Code. Carried. Committee of Adiustment -July 17, 2Q48 Page 3 Applications c) d) and e) (C?ldfie/d) were heard jointly. c} Application: 2408-8-20 Applicant: Glen Oldfield Location: North Part of Lots 2, Concession 1, 8882 Highway 12, (Orillia}, Township of Oro-Medonte Proposal: Technical severance d} Application: 2408-8-21 Applicant: Glen Oldfieid Location: North Part of Lots 2, Concessian 1, 8882 Highway 12, {Orillia}, Township of Ora-Medonte Proposal: Boundary adjustment e} Application: 240$-A-17 Applicant: Glen Oldfieid Location: North Part of Lots 2, Concessian 1, 8882 Highway 12, (Orillia}, Township of Oro-Medonte Proposal: Variance -frontage Glen Oldfietd, Applicant, and Barry Payten, Planner, were present. Michael Sim expressed concern over noise, snow removal and emergency access. John Bard requested a copy of the survey from the Applicant. CA0807i 7-05 Moved by Chappell, Seconded by Potter It is recommended by the Committee of Adjustment that Application 2008-A-17 be denied. Carried. C A0~0717-U6 Moved by Webster, Seconded by Chappell It is recommended that the Committee of Adjustment deny 2048-8-20 and 2008-B-21 due to Application 2flfl8-A-17 being denied. Carried. Committee of Adjustment -July 17, 2C}08 Page 4 f) Application: 2408-B-24 to 2008-8-30 Applicant: Paul and Cynthia Crooks location: lot 15, Concession 11, (Oro), Township of Oro-Medante Proposal: Sever ?lots Pau( Craaks, Applicant, and Barry Payten, Planner were present. Robert Ward Hated his concerns regarding the additional septics, wells, drainage systems, culverts and driveways that would be required if the proposed lots are developed. Greg May stated that the area was a combination of swamp and bush and outlined a creek in the area. Linda Rae Hated the Official Plan has designated the area as a settlement area and added that the local school could handle the potential increase of new students, Doyle CoDyre commented an the additional traffic this type of development would create. GAQ80717-Q7 Moved by Chapped, Seconded by Aiken !t is recommended that the Committee grant provisional consent for Applications 2008-8-24, 2008-8-25, 2008-8-26, 2008-B-27, 2008-B-28, 2008-B-29 and 2008-B-30 subject to the fallowing conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcels be prepared by an Ontario land Surveyor be submitted to the Secretary- Treasurer; 2. That the applicant pay $ 2,000.00 far each lot created as cash-in-lieu of a parkland contribution; 3. That the applicant apply far and obtain a re-zoning with a Nold Provision, of the severed land to accurately reflect the prapased residential land use and that the Nold Provision be included in order that future construction on the lands will require a Site Plan Agreement; 4. That the applicant submit a hydragealagical assessment of the prapased tats to the satisfaction of the Municipality; 5. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 6. That all municipal taxes be paid to the Township of Oro-Medonte; and, 7. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Committee of Adjustment -July 17, 2008 Page 5 g} Application: 2008-8-31 to 2008-8-32 Applicant: Paul and Cynthia Cranks Location: East Part bat 15, Concession 11, 1472 15116 Sideraad, (Ora), Township of Ora-Medante Proposal: Sever 1 lot and boundary adjustment Paui Cranks, Applicant, and Barry Payten, Planner were present. Greg May questioned whether the apprava! of this applicatian would set a precedent. Tim Croaks Hated his support of the applicatian. C A08Q717-A$ Moved by Patter, Seconded by Aiken It is recommended that the Committee grant Pravisianal Consent to Application 2008-8-31 and 2008-8-32 subject to the #allawing conditions: 1. That three copies of a Reference Plan far 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 far the parcel severed, far review by the Municipality; 3. That the severed lands be merged in title with 1472 15/16 Sideroad and that the provisions of Subsection 3 ar 5 of Section 50 of The Planning Act apply to any subsequent conveyance ar transaction involving the subject lands; 4. That the maximum total area far the enhanced lot be no greater than 0.2 ha; 5. That the applicants solicitor provide an undertaking that the severed (ands and the lands to be enhanced will merge in title; 6. That the applicant apply and obtain a rezoning an the lands conveyed to 1472 15/16 Sideraad to accurately re#lect the residential land use; 7. That the Applicant to verify that sewage system meets minimum required setbacks as per Part 8 of the Ontario Building Cade 8. 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 -July 17, 2008 Page 6 h} Application: 2008-B-22 Applicant: lan Johnstone Location: Lot 22, Concession 10, 274 Line 9 South, (Oro}, Township of Oro-Medonte Proposal: Boundary adjustment CA08fJ717-09 Moved by Webster, Seconded by Chappell It is recommended that the Committee defers Application 2008-8-22 -Ian Johnstone, 274 Line 11 South, Part of Lot 22, Concession 10, (Former Twp. of Oro} until the applicant provide a topographic survey showing flood elevation (FE= 258.74 mall}, watercourse and 30 metre buffer required for watercourse, as per the Lake Simcoe Region Conservation Authority's request. Carried. C©mmittee of Adjustment -July 17. 2008 Page 7 f. .. ~ ~. •, Application: 2008-A-16 Applicant: Raymond Dumont Location: Lot 10, Concession 1, 2109 Gare Raad, {Oro}, Township of Ora-Medante Proposal: Variance -max floor area and setback to EP Zone Raymond Dumont, Applicant, was present. CA480117-i 0 Moved by Aiken, Seconded by Chappell It is recommended that the Committee approve Variance Application 2008-A-16 {revised}, being for a reduction of the exterior side yard setback from the required 7.5 metres to 4.4 metres, and the required 30 metre setback to EP foe reduced to O metres, and for the construction of an attached garage, subject to the fallowing conditions: i . That the size and setbacks of the proposed attached garage 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 attached garage be na closer than 7.5 metres from the front lot line on Gare Road; and that the proposed attached garage be no closer than 4.4 metres from the exterior side lot line on Line 1 South; 3. That the applicant obtain any required permit{s} and/ar approval{s} from the Nottawasaga VaNey Conservation Authority far the construction of the attached garage; 4. That the applicant remove the existing woad sided shed to thereby increasing the environmental buffer adjacent to the Willow Creek tributary; 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.fl. 1990, c.P. 13. Carried. Committee of Adjustment -July 17, 2008 Page 8 ,^~ j} Application: 2008-B-33 Applicant: Dennis and Susan Tascana Location: 1 Trafalgar Drive, t_ot 1 Concession t , RP 51 R 29810, {Qro}, Township of C}ro-Medonte Proposal: Permit boundary adjustment Dennis Tascana, Applicant, was present. GAt}80717-i 1 Moved by Chappell, Seconded by Webster It is recommended that the Committee grant Provisional Consent to Application 2008-8-33 to convey a strip of land having a frontage of 15.2 metres {50 feet} an Trafalgar Drive a depth of 84 metres {275 feet} and an area of 0.12 hectares {0.29 acres} to the land adjacent to the west, 3 Trafalgar Drive and subject to the foNowing conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an ©ntario Land Surveyor be submitted to the Secretary-Treasurer; 2. That the severed lands be merged in title with 3 Trafalgar Drive and that the provisions of Subsection 3 ar 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 3. That the applicants solicitor prepare and submit a copy of the proposed conveyance far the parcel severed, for review by the Municipality; 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 maximum total area far the enhanced lot be no greater than 0.39 ha; 6. That the Applicant to verify that sewage system meets minimum required setbacks as per Part 8 of the C}ntar(o Building Code; 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 -July 17, 2008 Page 9 R~ k) Application: A-23-2008 Applicant: Lawrence Houben location: 162 tine 10 North, Lot 7, Concession 10, (Oro}, Township of Oro-Medonte Proposal: Relief from front yard setback Lawrence Houben, Applicant, was present. CA080717-12 Moved by Potter, Seconded by Webster It is recommended that Committee approves Variance Application 2008-A-23, being to recognize an existing dwelling, having a minimum front yard setback of 13.1 metres. Carried. Committee of Adjustment - Jufy 17, 2008 Page 10 I) Application: A-00-200$ Applicant: Jeffery Scott Qrr Location: 48 Shoreline Drive. Plan 640A, Lat 28, (flro), Township of C7ro-Medonte Propasai: Construct an attached garage Jeffery Qrr, Applicant, was present. CA080717-13 Moved by Aiken, Seconded by Chappell It is recommended that the Committee approve Minor Variance 2008-A-30, being to grant a reduction far the east interior side yard setback from 3 metres to 2.1 metres, far the construction of an attached two car garage to the existing dwelling, subject to the following conditions: 1. That an Cantario 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 surveylrea! property report so that: a) the attached garage be located no closer than 2.1 metres from the east interior lot line 2. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 3. That the appropriate building permit be obtained from the Township's Chief Building C7fficial only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.C3. 1990, c.P. 13. Carried. Committee of Adjustment -July 17. 2008 Page 11 °,; ~, m} Application: A-27-2008 Applicant: Ron McGowan Location: 2243 Ridge Road West, Lat 2, Range 2, RP 51 R-4441 Part 3, (Oro}, Township of Ora-Medonte Proposal: Construct atwo-storey boathouse with a deck Andria l-eigh, Planner, was present. Mary Jane Sarjeant, Ted Boeleu, Stan Glazer and Tim Crooks expressed concerns over the impact the size of the boathouse would create esthetically and environmentally. Correspondence was received from Fred Beck and Susan Woods, Catherine Nixon, Mary Jane Sarjeant and Susan Benjafield, Stanley and Brenda Glazer, Victoria and Paul Hand, Peter Lamprey, Suzanne Robillard, Dr. Ron Golden on behalf of the West Oro Ratepayers Association, and Eggert Boelau, CA080717-14 Moved by Potter, Seconded by Webster It is recommended that the Gornmittee defers RppFication 2008-A-27 -- Ron McGowan, 2243 Ridge Road West, Lot 2, Range 2, RP 51 R-4441 (Former Twp. of Oro} as per the request of the Applicant and for the Application to come back to the August 215f, 2008, meeting. Carried. Committee of Ad}ustment -July 17, 2008 Page 12 ~ ~ r. °i n) Application; A-26-2008 Applicant: Jaxx Trust Location: 37 Brambel Read, Township of Ciro-Medonte Proposal: Maintain existing use of bunkie The Applicant withdrew the application prior to the meeting. Committee of Adjustment -July 17, 2008 Page 13 a) Application: A-24-2008 Applicant: Jahn Esteireira Location: 2713 Lakeshore Raad East, Reg'd Plan 51 R-16475, Part Lot 20 and 21, Con 14, {Ora), Township of Ora-Medante Proposal: Construct a one and half storey single family Nicholas Papavich, Planner, was present. Doug and Diane Duff expressed concern over the septic and proposed size of the dwelling. They also noted a creek in the near vicinity which could be affected during construction. CA080717-1 ~ Moved by Patter, Seconded by Webster That application 2008-A-24 be deferred in order to obtain comments directly from the MNR and Oceans and Fisheries. Carried. Committee of Adjustment - Juiy 17. 200$ Page 14 ~~~ p} Application: A-28-2008 Applicant: Michael and Liz Shaughnessy Location: 51 Ward Avenue. Plan 979, Lot 44, (Oro), Township of Oro-Medonte Proposal: Construct an attached garage Michael Shaughnessy, Applicant, was present. CA080717-16 Moved by Aiken, Seconded by Ghappeli It is recommended that the Committee approve Minor Variance 2008-A-28, being to grant a reduction for the south east interior side yard setback from 3 metres to 0.5 metres, for the construction of an attached garage to the existing dwelling, subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1 }pinning the footing and 2} verifying in writing prior to pouring of the foundation by way of survey/real property report so that the attached garage be located no closer than 0.5 metres from the south east interior lot line; 2, That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 3. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c. P. i 3. 4. That the applicant obtain any required permits} and or approvals} from the Nottawasaga VaNey Conservation authority for the construction of the attached garage. Carried Committee of Adjustment -July 17. 20fl8 Page 15 q} Application: A-22-2008 Applicant: Clonald and Susan Nick Location: 12 Gunder Road, Lot 28, Concession 13, RP 51 R-624, Township of Oro- Medonte Proposa#: Construct a detached accessary building Donald Nick, Applicant, was present. CA080717-17 Moved by Chappell, Seconded by Webster It is recommended that the Committee approve Variance Application 2008-A-22 subject to the following conditions: 1. That the floor area of the detached garage not exceed 83mz; 2. 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; 3. 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 not exceed 83m~; 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-July t7, 20Q8 Page 16 r) Application: A-29-X7{78 Applicant: Lynn Burgess & dean Blain Location: 73 Eight Mile Point Raad, Lot 36, Plan 780, (OriNia), Township of Oro- Medonte Proposal: Addition to front and rear of existing single detached dwelling Lynn Burgess and Dean Blain, Applicants, were present. C A,080717-1$ Moved by Potter, Seconded by Chappell It is recommended that the Committee grant Minor Variance 2008-A-29 subject to the following conditions: 1. The proposed addition to the rear of the existing dwelling shall be setback no Glaser than 14.6 metres from the average high water mark of Lake Simcae; 2. The proposed addition on the front of the existing dwelling shall be setback no closer than 1.2 metres to the south interior side property line; 3. That the setbacks be in conformity with the dimensions as set out in the application, as submitted; 4. That the applicant obtain {if required) any required permit(s) andlor approval{s) from the Lake Simcoe Region Conservation Authority; 5. That an Ontario Land Surveyor provide verification to the Township of eompGance 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. 6. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Gommittee's decision becomes final and binding. Carried. Committee of Adjustment -July 17, 20Q8 Page 17 6. STAFF REPORTS None. 7. NEW BUSINESS a) Lake ~imcoe Region Canservatian Authority, re: In Township Office schedule. Verbal information received. $. ADJOURNMENT GA084717-19 Moved by Aiken it is recommended that we do now adjourn at 3:49 p.m. unti19:30 a.m., Thursday, August 21St, 2008 or at the call of the Chair. Carried. _°, ,'' R.% Committee of Adjustment -July 17, 2008 Page 18