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09 18 2008 C of A AgendaTOWNSHIP • ORO-MEDONTE COMMITTEE OF ADJUSTMENT MEETING AGEND COUNCIL CHAMBERS 1073�M � i 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — IN ACCORDANCE WITH THE ACT 4. MINUTES OF PREVIOUS MEETING a) Minutes of Committee of Adjustment Meeting of August 21, 2008 5. PUBLIC MEETINGS a) Application: 2008-A-36 Applicant: Mike Vella Location: 1844 Warminster Side Road, Plan 309, Part of Lot 45 and 46 (Formerly Township of Medonte) Proposal: Proposing to construct a new roof on an existing dwelling which would further encroach into the required exterior side yard setback b) Application: 2008-A-37, 2008-A-38, 2008-A-39 Applicant: Russell Hill Homes Location: Diamond Valley Drive, Part of Lot 3, Concession 7 (Formerly Township of Oro) Proposal: Construct three single detached dwellings located east of Line 6 North and South of Monica Court which will be used as model homes for the proposed Diamond Valley subdivision c) Application: 2008-A-40 Applicant: Vincent and Maura Caruana Location: 1065 Lakeshore Rd. E., Plan 882, Lot 15& 16 (Formerly Township of Oro) Proposal: Construct a one-storey boathouse with a gazebo attached to its roof, as well as a accessory building d) Application: 2008-A-41 Applicant: George and Heidi Caufin Location: 175 Lakeshore Road West, Lot 65, Concession 7 (Formerly Township of Oro) Proposal: Construct a single-storey boathouse e) Application: 2008-A-42 Applicant: Marion Garnett Location: 3 Beach Road, Plan 949, Lot 16 (Formerly Township of Orillia) Proposal: Construct a single detached dwelling with an attached garage M f) Application: 2008-B-19 Page 2 Applicant: Gavin Wright and Caron Wilson Location: 14 Cahiague Road, Lot 14, Concession 11 (Formerly Township of Medonte) Proposal: Creation of a residential lot g) Application: 2008-13-38 Applicant: George Anderson Location: 1004 Line 14 North, Pt. Lot 9,West Pt Lot 10, Concession 14 (Formerly Township of Medonte) Proposal: Boundary adjustment h) Application: 2008-B-39 Applicant: Indian Park Association Location: 15 Algonquin Trail, Plan M-8, Lot 2, Concession 6 (Formerly Township of Oro) Proposal: Permit a lot addition i) Application: 2008-B-40 Applicant: Stuart and Shirley Woodrow Location: Part of Lot 20, Concession 7 (Formerly Township of Oro) Proposal: Boundary adjustment 6. STAFF REPORTS ffem- 7. NEW BUSINESS a) Application — 2008-A-32 (Bell) b) OMB Appeal — 2007-A-1 8 (Spasov) C) Draft 2009 Calendar [to be distributed at the meeting] K Township ofOm-Medonte Committee of Adjustment Planning Report for September 18, 2008 2008-A-36 - Mike Vella 1844 Warminster Side Road Plan 309, Part of Lot 45 and 46 (Medonte) The applicant is proposing bJ construct a new roof OO8n existing dwelling. The new roof vvOuNfU�h8rencroach into the required extehOrskjeyard setback 8sS�ded'bV'he Zoning Bv-|8xv. The 8ppUc8nti8requ8sdDg the f0UOwingrelief hDO0Zoning By-law 97-85: ' Section 5.16.1 b) does not increase the amount of floor area or volume in a required yard 2. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation — Rural Settlement Area Zoning By-law S7'85— Residential One (R1) Zone Previous Applications — AGENCY COMMENTS Public Works Department- Building DeoodDle[d—Pn}poS8|/\pp9GnSb]K8e8tK8ini0lUmnSt8nd8nUS Engineering Department —NoConcerns BACKGROUND The subject property has @ road frontage of approximately 21 metres /7O feed On Warminster Side Road, 8 lot depth Of 8ppn}xinn8t8|y 43 metres (142 feet) and `8 lot area Of approximately 0.1 hectares /0.25 OCr8S>. The applicant iS proposing to r8'/8C8a leaking flat roof OU8 non-conforming dvveUingvvith8nevv gabled r00[ The purpose 'rthe variance �Sh] permit the cOnSi/UCh0A of 8UdibOO8/ v0/u[n8 in the required exterior side yard with the revision h} the proposed roof. Does the variance conform &m the general intent mfthe Official Plan? The property iG designated Rural Settlement Area bv the Official Plan /{]P). 8HCb0D(�3.2[f the (]P states that p8rOli�8duses in this d8Sign8Uo)include (Ovvdensity residential uses. AS the variance iS proposed for a o3Of replacement Of8n existing residential structure the use would conform with Section C3.2. AS the 8pp|iC8UOD is for 8 Non-Complying Building which eDCn3aCh8S into the required exterior side yard, 8 review 0f Section E1.0(N0n'Comp|yingStruCtUre8\Ofthe Official Plan i8 required. These pD||CieG are similar to the considerations OnS Vnder Section 5.18 Of the zoning Uy-|8vv in order to confirm that the proposed renovation, repair does not further iDCre8G8 8 situation Of nOD-CV0p|i8nCe. CODlp|iBS with all other 8pp|iC@b!8 provision Of the Plan and innp|enOSnbDg zoning by-/8vv. will not pose 8 threat to public safety. The proposed variance would permit n]Of replacement on an existing r8GiU8nU8/ dwelling which vv0u|d conform with all other provision of the Plan and comply with the other provisions of the implementing zoning by-law, would not further increase the situation of non-compliance, and would not appear to pose a threat to public safety based on its current location. On this basis, the enlarging of the non-complying building with the replacement of the flat roof is deemed to conform to the general intent of the Official Plan, Does the variance comply to the general intent of the Zoning By -law? The subject property fronts onto Warminster Side Road in the Warminster Settlement Area. The dwelling, which was originally constructed in approximately 1959, is considered to be a non-complying structure. The site inspection revealed that the proposed construction of the new roof should not adversely impact the distance between the house and the street any more than it is presently. On the basis of the above, the proposal to increase volume in a required yard is deemed to maintain the general intent of the Zoning By-law. Is the variance desirable for the appropriate development of the lot? Based on the site inspection, the proposed addition of a new roof would be desirable to the surrounding area and would allow for the repair of an existing leaking roof structure. CONCLUSIONS The proposed application is to allow the repair of a non-complying structure. RECOMMENDATION It is recommended that the Committee Approve Variance application 2008-A-36 subject to the following conditions: 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. 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying in writing that the roof does not exceed in height 4.11 metres from the top of the floor to the midpoint of the roof. 3. That the proposed roof be in conformity with the dimensions as set out in the application and on the sketches submitted with the application and approved by the Committee; All of which is respectfully submitted, Ryan Vandenburg, B,URPL Planner N Reviewed by Andria Leigh, MCIP RPP Director of Development Services Ic -=%- P..r V- !5 "t tam LC jJ ('1 Tx3hicsAltiO��.i E--1 A -S U n tE.C3 r--k 2- E- v:-- P- (D t-1 "T -HAT -rvl�-Cwr 9-V cRotsn 0" cc)mc- pu/% - rfzoR m .24-" IXZON BAA2 Pt�, srovlC,A CE tit -I- i:— ID 51-%OWtJ 0" D.H,C,.PLAN O -rA, Q I <D L- A N C) Y C) r�-> CrG21L.l_t A,, Ot-4-rAt2IC, t -JAN 17 19(o -7. A 7o-oo�' PL. ..PL.X M, N59'2 Z' CY- E: ---0 1~ 7O C) AM V-) G, es C- 70-C> Li Li cli 4 10 tj in 0 0 tn j in 0 It Ic -=%- P..r V- !5 "t tam LC jJ ('1 Tx3hicsAltiO��.i "T -HAT -rvl�-Cwr 9-V cRotsn 0" cc)mc- pu/% - rfzoR m 51-%OWtJ 0" D.H,C,.PLAN 14 N4 Col. � - Z 7o-oo�' PL. ..PL.X M, N59'2 Z' CY- E: AM V-) G, -JQ-) X. ��; �' �. Sk,~� Fx r ;1 P° Severance / Minor Variance Review Hearing Date: Application #: Owner: MAS #: Lot #: Plan #:—. Cone. #: V The Township Building Dept. has reviewed this application. ❑ Site inspection required and completed. 4 Proposal appears to meet minimum standards. ❑ Applicant to verify that sewage system meets minimum required setbacks as per Part 8 of the Ontario Building Code. ❑ Comments: Note: This is not approval for any particular development proposal Respectfully submitted, Kim Allen Chief Building Official To -,-J7 I -) ship of Oro- Aledonte Fnoineering Department Inspection ReportlComments for Consent Minor Variance Other File No. Name of Owner ° Address` ~r Subject Property Keith Mathieson, Director of Engineering & Environmental Services . Committee of Adjustment Meeting Date: Township mfOro+01edonie-Committee of Adjustment = � September 18, 2008 2008-A-37,2008-A-38 & 2008-A-39 — Russell Hill Homes Diamond Valley Drive, Part of Lot 3, Concession_7 (Former Oro) 1. PURPOSE OF APPLICATION The applicant is proposing to construct three single detached dwellings located east of Line G North and South of Monica Court which will be used as model homes for the proposed Diamond Valley subdivision. The applicant is requesting the following relief from Zoning By-law 97-95: Permitted Proposed Section 5.36 (b) Model Homes 1 3 2. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Deaignndon — Reaidentied Zoning By-law S7'S5 —Residential One Hold (SR-H)Zone PrnviouaApp|icationa — none 3. DEPARTMENT/AGENCY COMMENTS Public Works Department — Nocomments received BuildinDDepertment — Pmposalappeamtomeetminimumatandordo Engineering Department — Lots 1 and 2 are subject Ln Site Plan Control eo they are within an area which iathe site of closed canopy forest cover or within Pine reforestation area - Septic bed Lot 12 not tobe constructed with steep slope limits - Driveway entrance can not be onto Line S for Lot 1 4. BACKGROUND The applicant proposes iu build 3detached residential dwellings k>be used aa model homes within the draft approved subdivision known aa Diamond Valley Estates. These model homes are being proposed to be built on Lots 1,2 and 12of the Plan of subdivision. kis the intention of the applicant to use these dwellings as model homes for the proposed subdivision and to then sell them to potential buyers. The properties under the previous owners had applied and obtained a variance to place three model homes in 2OU3.Aoa result of the previous application, one model home has been built and the other lots remain vacant. Homes were proposed h)be built Vn Lots 97, 122 and 127ufthe subdivision which was draft approved in 1SS2 and subsequently revised in 1994. The one model home which has been built has been placed on Lot 127. The new application would have the proposed model homes build on Lots 1,2, and 12. The current model home that exist on Lot 127. is located on the south side of Diamond Valley Ruad, across the street from the proposed Lots of1 and 2. Does the variance conform bmthe general intent mfthe Official Plan? The subject lands are designated Residential in the Township Official Plan. Single detached dwellings, home occupation, private recreational and open space uses are permitted in this designation. The applicant's proposal does not appear to offend these po|ioiea, given that the variance is for the construction of three single detached dwellings. The proposed model homes will be located nn the lots within a draft approved plan ofsubdivision. (]n this basis the proposal |o considered bo conform tothe intent of the Official Plan. Does the variance conform bmthe general intent ofthe Zoning By-law? The subject property is zoned Residential One Hold (R1-H) Zone. Based on aahe inopeoUon, the proposed dwellings would appear to be in a suitable and acceptable location. The other element to this variance isthat the developer seeks tobuild three homes inaddition to the one that already exist. Instead of one dwelling that is permitted by Zoning By-law 37'95. Section 5.36 b) (Temporary Construction and Sales Uses) states: ^ b) Nothing in this By-law shall prevent the use of land for a sales office and/or a model home for the sale of dwelling units provided the dwelling units to be sold are to be located on lands within the limits of the Township ofOn-K8edontn. As the applicant has been previously approved for two additional model homma, which have not been build but rather are being moved from lots 97and 122tnlots 1 and 2, with an additional one being built on kd 12. Given that the dwellings are part of a subdivision with 128 lots, it is submitted that three model homes for such e large subdivision in reasonable and in keeping with the intent of the Zoning By-law. Is the variance appropriate for the desirable development oy the lot? Given that these homes are typically developed with ahigh degree of detail and landscaping, because histhe intention of the developer to sell these dwellings as port of the subdivision. Furthermore, r accordance with nonnu| Township pu|icy, the developer will be required to prepare an engineered |(t grading plan prior hmthe issuance ofn building permit. On this basis it is suggested that the proposed variance will provide for the appropriate and desirable development of the subject lots. Is the variance minor? The construction of model homes for sales purposes io common in new plans of subdivision. On this basis and on the basis that the proposal is to develop only lots for model home purpuneo, it is suggested that the proposed variance isminor. Engineering and Environmental Service Comments received from the Director of Engineering and Environmental Services that Lots 1 and 2 are kzbe subject to She Plan Control as they appear to within an area which is the site closed canopy forest cover or within Pine reforestation area. It has also been indicated that the entrance for Lot 1 can not be located off of Line 6. Also, the septic bed for Lot 12 is not to be constructed within the steep slope limits. 5. RECOMMENDATION If Committee is satisfied that the application is appropriah*, it is recommended that Committee approve variance application 20O8-A-37.20O8`A'38 and 2008-A-3S. subject 10 the following conditions: 1. That the appropriate building pmnnk be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 2. That u Site Plan Agreement be entered into to protect the closed canopy forest cover m within the Pine Reforestation Area. 3. That the Septic bed for Lot 12 not be constructed with the steep slope limits, 4. 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; All of which is respectfully submitted, Steven Farquharson, 8.URPL Intermediate Planner Reviewed by, Glenn White, MCIP, RPP Senior Planner IN m m I rc�<Al� W 0 BT5175 i 70 25 0 SU BJ Ef,--'T LAN D S I I F MMMML---M=�� Meters HORSESHOE VALLEY IN m m I rc�<Al� W 0 BT5175 i 70 25 0 SU BJ Ef,--'T LAN D S I I F MMMML---M=�� Meters I o o °� i a`�,, SITE PLAN SCALE 1:250 0 5 10 20 40M )2008 2008 02.85+ I 314.35 1 2008 i 2008 13.60+ +314.65 2 X�2006 1 ail`' clmWal 2006 +318.45 _ _ _ _ _50314.75 _ _ _ _ _ _ 314.60+ @_ - u L • 105.00 -- '— kr--- -N - 16.53" ' -- 314.05 986 °0 ° o z-- _ 0.757 31460 1986 ><) `� 314.75 1586 IF. N + 1KA0 osvc Otvnox �.'. -. °°'"° oana.a g ® o�u •u AAPiE➢ 31 6o�ea uloa•a, NN,,..uA i 1 IJ4= I I I N6KVR ♦'0.K 3113111 ..�.. Ob0 oa 6MR/4 8 w4K • IP l w AW inAnm IA,IVMg1 o smw rwu[ GvuMyr ��' � s[Y046o w -are _ f� nvuln uS 10000 AntY(maarw AKA 1O 0 Oo,AR[ cwav, T mcc i I f I S ' Wa OAn 1 2fIT � (EMOW GARAGE) 9� TOMMAN C I -CNi GARAGE a�.dd ®T.dJ g.d 89 U ai o'Z 6ri IDY 166 AAA ONa Ow Oa•o Lu 101 Q o 8 0) NI (6p6) 7! 6tT1 F• (400) T.11 61q 1 n.79 x i T -T PROPOSED ONE"STOREY DWELUNG RUSSELL HILL HOMES INC. OESCWFOK N PRO1W (•OVAL• MCGOEL) iRO1T TA267 150 Y (VV-7-) 9.50 Y (11' -n LOT N0. t � 11 TOWNSHIP OF OR6MEpON1E j p jjjJ�TJ�r � I i I 450 Y (1A' -9) 3163...... t 31416911 'I' 31391187 0 2 DWAOND VALLEY DRNE YAA BLDG HDOIT 56. 1100 Y (0) S.A36 Y (1Y -in 1 : 250 L• 11,00 w[a, 20061 ♦ A -01 0 K•4.00 i ' N I o o °� i a`�,, SITE PLAN SCALE 1:250 0 5 10 20 40M )2008 2008 02.85+ I 314.35 1 2008 i 2008 13.60+ +314.65 2 X�2006 1 ail`' clmWal 2006 +318.45 _ _ _ _ _50314.75 _ _ _ _ _ _ 314.60+ @_ - u L • 105.00 -- '— kr--- -N - 16.53" ' -- 314.05 986 °0 ° o z-- _ 0.757 31460 1986 ><) `� 314.75 1586 IF. N + 1KA0 osvc Otvnox �.'. -. °°'"° oana.a O rwmMn. KAA,P[ • ® o�u •u AAPiE➢ 6o�ea uloa•a, NN,,..uA zo%m 2Z547m (1095 ARIES N6KVR ♦'0.K -^ ..�.. Ob0 oa 6MR/4 8 w4K • IP l w AW inAnm IA,IVMg1 o smw rwu[ GvuMyr ��' � s[Y046o w -are _ f� nvuln uS 10000 AntY(maarw AKA 1O 0 Oo,AR[ cwav, T mcc ®��1 mw +row 4 wa, na ___ y1q � mKwYV PPYYYY���ff � R1W06 ' Wa OAn 196 2fIT 4R0(R NoRAK>a LEC& DESCRIP-n ALL SU- AN0 � KKOiYATgN iAItFM TROY PLAN OF SUBDIVISION OF REST H&F OF LOT 3 COWES" 7 (43T- 0.7019) TOwN9HP Of ORO- YEOOME FORMERLY TONN96P OF ORO) Of SWCOE PREPAREp Yv: GUIDO PAPA SURVEIMC LTD. No 216 CNRSLfA RWD. SURE 505 NCOOBRIDGE. ONTABN2, l C 657 TEL (B05) 264 -2727 VALODR QITi W. No. 216 CHRISLEA ROAD, SLOE 501 •'OOOBRIOGF, dlT . LAC 655 TEL {905j 264 -0054 �� s SHOMM D11 THIS P ARE N NEi[Rs AND Aft CIN BE CONVEiREo To FEET BY oMONO Hf O.b46 BOUNDARY IHfO TAON SHO— MERE ON 6 DERNEO FRO" SURVEYOR A CONSULTR6 ENG6E HO EF5 A 6 SUBJECT iO A LEM SKECH AND FOUL SURVEY. THIS SKETCH R NOT A, RNA OF sl R ANO S NOT BE USED EX EEPT FOR THE PURPOSE YIOGATED N THE TIRE BLOCK TH6 SKETCH 6 HOT BE USED FOR HORTO.4E OR TRAM TX* PURPOSE LOT N 1 2 OIAYON VNLET OR'E IgW94P OF ORFYDIpNR ZONING M - SWE OETAO[D OKUIIIG BUILDING USE PMTOYp )- STOq[Y p1EUSW •lr�� �a� sQwu� a SSUEO FOR CLOT WO" 105EPTA7 No. OESC[ttPF10N PATE REVISIONS YEWC SGY Wsfb L SQR • SITE AREA zo%m 2Z547m (1095 ARIES • BUILDING AREA (GFA) A OVOIRIO FLOOR 166 7011 B Cu'm pO`FCwB a 90 MAI, 6A 196 2fIT 4R0(R NoRAK>a (EMOW GARAGE) 9� TOMMAN C I -CNi GARAGE St 549 OCW42MAZA WTS MoowrowAar�o IOTK FOOIPWNT 142 2A61 6ri IDY 166 AAA ONa Ow Oa•o Lu 101 • COVERAGE NI (6p6) 7! 6tT1 F• (400) T.11 61q n.79 x • MINIMUM BUILDING SETBACKS -T PROPOSED ONE"STOREY DWELUNG RUSSELL HILL HOMES INC. OESCWFOK Rt0.BeT PRO1W (•OVAL• MCGOEL) iRO1T TA267 150 Y (VV-7-) 9.50 Y (11' -n LOT N0. REAR TNO 1.50 Y (24' -n 471 Y (137 -n TOWNSHIP OF OR6MEpON1E .TO" SOE TMD 259 Y (6 -2) in Y (17 -3) 10 SEPT 07 O8� DID" SIDE 11RD 450 Y (1A' -9) 647 Y (21' -10) PLAN LOT No. i 0 2 DWAOND VALLEY DRNE YAA BLDG HDOIT 56. 1100 Y (0) S.A36 Y (1Y -in 1 : 250 {YEAH HECHT) w[a, 20061 ♦ A -01 0 BENCHMARK: TBM ELEV. 291.18 NAIL IN NEST FACE OF HYDRO POLE LOCATED NORTH OF INTERSECTION OF 6th LINE ROAD AND ASH COURT, EAST SIDE OF 6th LINE ROAD CONSULTING GROUP LTD. PLANNERS, ENGINEERS, SURVEYORS 300 LeMYpo DM . Sub top 213 S A SC BYtle, ON , LlN DU CdkV -1L ON L9Y W Fes. -7O 7m -1058 F. 7Q51 3240 SCALE: SUBDIVISION: DIAMOND VALLEY ESTATES 1:250 PROJECT NUMBER: RUS -07194 DESIGN JPE CHECKED JK ADDRESS 26 IXAmM VALLEY q DRANK JP£ DATE AUG 2008 1 LOT NUMBER: 12 ��i u T ledonte ED0,iDeerJDg, Department Inspection Report/Comments for Consent, -Mi Pi -0 —r Varaan Other File No. L�� Name of Owner Committee of Adjustment Meeting Date: Severance / Minor Variance Review Hearing Date: --�= V \S i C) Application #: Owner: MAS #: Lot #:a 1. Plan #: Conc. #: -Z The Township Building Dept. has reviewed this application. ❑ Site inspection required and completed. il Proposal appears to meet minimum standards. F-I Applicant to verify that sewage system meets minimum required setbacks as per Part 8 of the Ontario Building Code. ❑ Comments: Note: This is not approval for any particular development proposal Respectfully submitted, Kim Allen Chief Building Official Township "fOm-Medonte Committee of Adjustment Planning Report for September 18, 2008 2008-A40— Vincent and KAommsCanuone 1065 Lakeshore Rd E Plan 882 Lot 15fb 16 (Former Township of Oro) 1. THE PROPOSAL The applicants are proposing bJ construct 8 one-storey 42Usq. ft. boathouse with 8240sq. ft. gazebo attached to its roof, as well as a 120 sq. ft. accessory building (Storage Shed). The applicant iGrequesting the hJU0wiDg relief from Zoning Bv'|avv 97-95: Required Proposed Maximum Height for aBmmdhpmmw' ------- ------- ' 4.5 metres 5.15 metres (Boathouse) 3.9 metres (Gazebo) Interior Side Yard setback for an Accessory Building: 2.0 metres 1.0 metres (Storage Shed) 2. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation — Shoreline Residential Zoning By-law S7-95— Shoreline Residential (SR) Zone Previous Applications — AGENCY COMMENTS Public Works Department- Building DHp8dm8nt—Pn}pO8a|AppeRrSk}yW88tK8inimu0Gb3nU8nJS Engineering Department —No Concerns BACKGROUND The subject property has @road frontage of approximately 35 metres (11G feet) OO Lakeshore Road East, an GvG:3g8 lot depth of approximately 75 metres U245 feet) and a lot area Of approximately hectares (0.53 acres). Th8pn}pedvCurreDUyha8Gsing/8d8t8ChGUUvv8UiDgb8ingbui|tOnUleSubi' lands. The applicant iS proposing h]SOnShu{t8 one-storey 420 sq. ft. boathouse with a 24Usq.�. gazebo 8U8cheUh] its roof, aS well 8S812O sq. ft. accessory building (Storage Sh8d). The pn]pOSeU boathouse vvUu|d have 8 'footprint' of 420 square feet which would have a bay for boat storage. The roof Of the boathouse iS proposed h]have a 24O square foot open gazebo. The boathouse and the gazebo are proposed b} have 8 maximum height ofS.O7 metres /20`9feet) Does the variance conform hmthe general intent mfthe Official Plan? The subject property is designated ''8AOr8|ine" in the Township (]ffiCi@) Plan. 8eCb0O O10.1 sets out the following objectives for lands iD this designation: ^ TO maintain the existing character Ofthis predominantly r8Si08nUa/ 8r88. " 7-O protect the natural features of the shoreline area and the immediate shoreline. The requested variance for the increased height of the boathouse would appear to maintain the character of the shoreline area and vvDu|0 be consistent with surrounding area. Further, Lake 8iDlCOe Region Conservation AVthOdb/ commented that the ShO[8|in8 and its D8tun3| features will be Dl8iOt8iOSd and protected aS part 0f the proposed development. The {}ffiCi8| P|8O states that permitted Vs8G within the Shoreline d8SigD8UOn also include .k7w/density residential uses, small scale commercial uses etc� AS the application pn}poSHS the construction of an accessory building (storage shed) and boathouse both of which are accessory to the residential dwelling, they are U88nn8d to generally conform with the intent Ofthe [}#iCia| Plan. Does the variance comply bzthe general intent of the Zoning Bv~&am/? The subject property iS zoned Shoreline ReSiU8Dd8| (SR) Zone in Zoning By-law 97'95' as amended. The SR Zone establishes 8 nnininoVnl interior Side yard Of 2 rnet[8S /6.5 f88d for 8 boathouse and accessory structure, and the maximum width of the boathouse cannot exceed 30% of the lot width at the water's edge. The Zoning By-law regulates the |OC8UUn and height Of boathouses OD |@MdS within the Shoreline A8SideDb8( (SR) Zone in order to prevent the Dv8odeve|OprDeDt of |@OdS located in shoreline areas. Specifically, the Township aims h] protect and enhance the natural appearance and features of the shore Of Lake GimCog,8S opposed tO having waterfront areas dominated by large boathouse structures. The proposed boathouse meets the side yard setback and 30% maximum lot width provisions of the By- law. It should be noted that the boathouse will be setback approximately 10 Dletn3S (34f980 from the average high vvah2r mark. The boathouse does not appear to negatively impact on the character Of the shoreline due h] the large size Of the lot and water frontage. AUUihVn8||y' there iS8 high, dense hedge which Gx/StS along the 8aSi SiU8 of the subject property and will provide 8 privacy buffer to the neighbouring lots. As the proposed boathouse will not dominate the shoreline and otherwise meets with all other zoning provisions for boathouses, the variance iS deemed to conform h}the general intent 0fthe Zoning by-law. With respect to the request for G reduced Side yard setback for the proposed accessory structure (Sh8d), the proposed shed |0C8hOn will not appear to hinder access to the rear Ofthe Uvv8||ing. Regarding privacy, there is 8 vv0Vd8U buffer between the adjacent property k}the east, and the shed is not likely to create @visual hindrance 0rotherwise impact privacy. In addition, aside from the proposed side yard setback relief, the shed would otherwise COnnp|y with all other provisions for aCSeSSO[y structures as required in the Zoning By-law. AS SuCh, the variance to permit reduction in the side yard setback for aO OCC8SSVry building vvOu|d therefore maintain the general intent Of the Zoning By-law. /s the variance desirable for the appropriate development oy the lot? Based on the site inspection, the proposed boathouse height and size would appear to be appropriate for the d8Sin3b/8 development Ofthe /OL Given that the proposed boathouse will not result iD the over- development of the subject property, nor have 3UbGblDU@| negative impact on the natural features Ofthe shoreline, the proposal is considered appropriate for the desirable development of the subject lot. Fudher, the proposed detached 8Cn8SSOry structure (ShCU) vvOu|0 appear to be appropriate for the desirable development Ofthe lot and in keeping with the surrounding /8SiU8nha| Gn88. Given that the p/OpOS8| vvOu/d provide for form of development that is Suh8b|8 and consistent with the surrounding neighbourhood and would not lead tO the over development 0f the lot. 2 CONCLUSIONS On the basis that the proposed 8CC8SGory structure and boathouse will maintain the intent of the {]ffiC@] P|8O and Zoning By-law and is in keeping with the general character of the SunoUmJiDg residential neighbourhood, the requested variances are deemed to be minor. RECOMMENDATION It is recommended that the Committee Approve Variance application 2008-A-40' being for the construction Of an accessory building located 1.0 metres from the east interior side lot line, and 8 boathouse with an 8#8CheU n}Ofk]p gazebo having G Ov8:3{/ height of 9.07 nl8treG. subject to the following conditions: 1. That an [)nb3ho Land 8VnxeyO[ provide vehfiC8hOD h3 the Township Of compliance with the Committee's decision by verifying in writing that the boathouse with attached n}OftDp gazebo does not exceed in height 9.07 metres above the high water mark 8!0v8hoO of 219.15 metres, and that the accessory structure (storage shed) be GeU]@Ck no C|OSgr than 1.0 metres from the S@St side |O[ 2. Notwithstanding Section 5/6 oi of Zoning By-law 97-95. that the nO8xinnurn height of the proposed boathouse shall not exceed 5.15 metres /16.9 feet) and the attached rooftop gazebo ShJU not exceed 9.07 (297 feet), and that the detached 8CC8SSOry building, notwithstanding Se:U0D 5.1.3 a) and d), otherwise meet with all other provisions for detached accessory buildings; 3. That the boathouse setbacks be in conformity with the dimensions as set out in the application and on the sketches submitted with the application and approved by the Committee; 4. That the applicant meet all requirements set out to them by the Lake Simcoe Region Conservation Authority 5. That the appropriate building pOnnd be obtained from the Township's Chief Building Official only after the Committee's decision b8cOnl8s final and binding, as provided for within the Planning Act All Ofwhich is respectfully Submdted. Ryan VGnd8DbUqg'B.URPL Planner 3 Reviewed by AnUh8 Leigh, MC|PHPP Director of Development Services >_. \A! •EI1 LSF.CA 4iED 2 " "- 9ElBACX AO PS r' \ 40 REAR YARD SITE PLAN LAYOUT SCALE: 3/18' a 1' -0" PH�E2tt IINE �/� %. MOIL FOR ROATNpISE/ S� 7, Q 6A ®0 CEfAtS RFfFR R1 gU'MNG Afi EDR v E1FV 1IM15 NRI SEc TWS M. > -g• NEk BO�T� LGAICRF@ RAA 4 „A LOT 14 EMt511NG HEDGE e�m�en ►IEfr�rROV. A�2�YA1 Wls �� —u,eA ro rcmc RAac rm \h @SING imCE NOtE EL,1t GARDEN 9iG GETAES �rtTm ro oRAtrArc Af3 FOR q,WS, EtfVAlRJf15 AND SED�GNS M� `2 How LWFA coNSIRUCI,oN R Aye ElEYAiION 110.36 m _ ii NallE LVCm _ _ _ \ � \\ � CON5IRUGTpN \�� ADJU5i GRADES W \0 O i�Ei PROP. ElEVAT10N3. vo v -AVU ro �saLx vc y a LOT \16 & 18 ” U1, .. a 37. z 3 _ _ CL 4,Cb \ - NoIE UIRR 3,07. vv HIGH -0.20 I ��� ELEVATI011•r91 -c - G W (AS PER LS.R.GA.) RETAI�0 WALL LOT 17 n G M� Imo AA No. s LOG710N m: E rExwxrE m zoos. AS NOTED des -„ draft & detail Inc. 41 R Rd Tmedo, Odm. MiH PROJECT: PROPOSED REAR YARD LMUTY RECD RGURATtON FOR MR. $ R5. VINCE CARL" AND FAMILY IO WN W(ESHORE DRNE OF TO ORO— EDONTE COUNTY OF SVMCOE, ONT. DRAWING TTTLE: OVERALL REAR YARD SITE PLAN LAYOUT a� sGYA PLDT LUTE SEPT. i1 V p ME LOWER FLOOR PLAN SCALE. 1/4* - I'-o* Z;7 AM UPPER FLOOR PLAN SCALE. 1/4* - V-o" ROOF PLAN SCALE- 1/4' - i'-o* ETAIL V-0. a. ... ..... ..... EMCM ---7M= En DKM SE 8ER 2W6. $04L. AS M design draft & detail LIUJ ow-a q WH ---% PROJECT: PROPOSED REM YARD UTILITY RECD FIGURATION FOR MR. & RS. VANCE CARU" AND FAMILY 108g5 LAKESH DRIVE TO OF OROMEDONTE COUNTY OF SIMCOE, ONT. DRAWING Trf LE: BOATHGUSE/ACADZEOO PLANS N I ELEVATIONS DETAILS All l r cwc DETAIL 3 Him Moill R , 8 EMCM ---7M= En DKM SE 8ER 2W6. $04L. AS M design draft & detail LIUJ ow-a q WH ---% PROJECT: PROPOSED REM YARD UTILITY RECD FIGURATION FOR MR. & RS. VANCE CARU" AND FAMILY 108g5 LAKESH DRIVE TO OF OROMEDONTE COUNTY OF SIMCOE, ONT. DRAWING Trf LE: BOATHGUSE/ACADZEOO PLANS N I ELEVATIONS DETAILS All l Sim. ---------- --- rl-'\ ELEVATION DETAIL GARDEN SHED FLOOR PLAN t SCALE. 1/2* = 1'-0" SCALE-- 1/2* - V—o" ELEVATION DETAIL SCALE: 1/2' — V-0' ELEVATION DETAIL SCALE: 1/2' - 1'-0" -T - 'W SEC-nON DETAIL SCALE. 1* - 1 r -0' mid Imo M M 2006. WTE AS NQTm design draft& detail PROJECrz PROPOSED REAR YARD UTILITY RECOUF1SG.UVRATC1ON FOR M,. 'k MINCE JA AND FAMILY 7 4 E S., IR 'R VE TOWN OF ORO— EDONTE COUNTY OF SIMCOE, ONT. DRAWING TITLE: GARDEN SHED PLAN, SECT. AND ELEVATIONS 6—Moi 'PROJECT N.. 2007-A(, n_ 7 E- Ui -T - 'W SEC-nON DETAIL SCALE. 1* - 1 r -0' mid Imo M M 2006. WTE AS NQTm design draft& detail PROJECrz PROPOSED REAR YARD UTILITY RECOUF1SG.UVRATC1ON FOR M,. 'k MINCE JA AND FAMILY 7 4 E S., IR 'R VE TOWN OF ORO— EDONTE COUNTY OF SIMCOE, ONT. DRAWING TITLE: GARDEN SHED PLAN, SECT. AND ELEVATIONS 6—Moi 'PROJECT N.. 2007-A(, n_ � y . » � \�\ �\ ��. ;: }\ ■ w, } c 1i $ s• w n f,P i r T a of � � F i u' �y a' n w + Towjisbi of Oro-Aledople EDogipeeripg Department Inspection ReporUComments for C-ansea-- 'Minor Yujance-) Other File No. Keith Mathieson, Director of Engineering & Environmental Services. Committee of Adjustment Meeting Date: :)e Severance / Minor Variance Review Hearing Date: Application #: C", Owner: MAS #: e-4 Lot #: - 1, — Plan #: � .' , Conc. #: 'U The Township Building Dept. has reviewed this application. ❑ Site inspection required and completed. ,4 Proposal appears to meet minimum standards. ❑ Applicant to verify that sewage system meets minimum required setbacks as per Part 8 of the Ontario Building Code. ❑ Comments: Note: This is not approval for any particular development proposal Respectfully submitted, � I K Jim, Allen Chief Building Official Vandenbur2, Ryan From: Ian Walker O)Wakmr@broa on.ca1 Sent: Thuraday, September 11.200812:28PK4 To: VandenburQ.Rvan Cc: Farquharson, Steven Subject: Fwd: 2008-A-40 (PV00505) -Caruano >>> Ian Walker 10/09/2008 4:13 pm x>> Good afternoon Steven, I don't fnrsee any issues with the height variance or sideyard setback variance, but will make it subject to the following: l. Acquiring a permit from LSRCA prior to the issuance of a building permit; 2. Sed & Erosion controls must be in place prior to any site grading or alterations; 3. That the proposed gazebo not be enclosed; 4. Payment of the outstanding $200 review fee be paid to L6R[4. I will follow with formal comments, V Mot Ian Walker Environmental Planner Lake Slmcoe Region Conservation Authority I20 Bayview Parkway Newmarket, Ontario BY 4Xl Phone: (905) 895-1281 Fax: (985) 853-588I E-mail: Web site: 1 SEP -03 -2008 14:08 TOWNSHIP OF ORO- MEDONTE 09/03/2008 WED 13:07 FAX ist�GOii .. �rxox,n' Tel: 905.895.1281 1.800.465.0437 Fax: 905.853.5881 &Mall: info @lsrca.on.ca Web: wwwlsrca.on.ca September 3, 2008 Mr. Vince Caruana 117 Hedgerow Line Kleinburg, ON LOJ I CO Dear Mr. Caruana: ( P.001/002 2001/002 Ora - Medonte Pending Permit 2008 IMS No.: RPMA4488C3 Re: Permit Application - Construction Of A Boathouse, Shoredeck & Shed Vince Caruana, Owner Part of Lot 25, Concession 10 (Former Township of Oro) 1065 Lakeshore Road East, Plan Lot 15 & 16, Plan 882 Township of Oro - Medonte, County of Simcoe The above noted application is for a permit to construct a new (replacement) boathouse, a shed, 120 Bayview Parkway and for the construction of a shoredeck at the above noted site. The subject property is located Box 282 within the jurisdiction of the Lake Simcoe Region Conservation Authority (LSRCA) and is Newmarket, Ontario partially within the regulated area of this Authority. As such, the above noted works are subject L3Y 4x1 to Ontario Regulation 179 /06 and the Watershed Development Policies of this Authority. We have completed our review of your first submission, received by this office on August 6, 2008, consisting of the following: • At 0 Overall Rear Yard Site Plan Layout, Revision E, dated June 26, 2008 • Al I Boathouse /Gazebo Plans Elevations and Details, Revision E, dated June 26, 2008 Al2 Garden Shed Plan, Sect. and Elevations, Revision E, dated June 26, 2008 Further to our review, we provide the following comments: Please note, we require that all boathouses within the erosion hazard of Lake Simcoe are designed by a structural engineer to withstand the effects of ice action and 100 -year wave uprush, and that all structural drawings are to be stamped, signed and dated by the structural engineer. We require written confirmation from the structural engineer that the above noted plans have been reviewed in the context of withstanding the effects of ice action and the 100 -year wave uprush. 2. As per Section 12.1 of the LSRCA Watershed Development Policies (2007), the Authority shall strive to maintain existing shorelines in their natural state by minimizing site alterations. As such, we require that the proposed design shall limit shoreline access to be located with the proposed boathouse, and that a naturalized (i.e,, vegetated) buffer be required adjacent to Lake Simcoe. Please redesign the site such that the shoreline access (i.e., stairs) are located adjacent to the proposed boathouse, and a minimum 6 metre no- maintenance natural area (i.e., trees, shrubs, native grasses and/or seedmix) be included for the remainder of the area adjacent to Lake Simcoe. This buffer helps to prevent the runoff of nutrients and other materials from the developed area of the site. Phis no- maintenance natural area should be indicated on the drawings (including a A statement that this area will be a no- maintenance natural area). 3. Please note, concrete is not permitted adjacent to Lake Simcoe. The area under the proposed marine rail is to remain in a natural state. 4. Please note, the shoredeck as shown on the above noted plans, is not permitted by the Watershed LSRCA Watershed Development Policies (2007). 5. Plantings within the shoreline area (15 metre buffer) shall be native, non - invasive species. All other plantings within the regulated area are required to be non - invasive. 6. We require a restoration plan of the area where the existing boathouse is to be removed. For This restoration plan shall include vegetation which will help stabilize the shoreline and must be native, non - invasive species. The existing concrete dock shall also be removed and should be replaced with native substrates to match the existing substrates within the lake. Life Page I of 2 SEP -03 -2008 14:08 TOWNSHIP OF ORO— MEDONTE 09/03/2008 WED 13:07 FAX P. 002 /002 2002/002 Mr. Vince Caruana ' IMS. No: RPMA4488C3 September 3, 2008 Page 2 of 2 T We require a restoration plan of the area where the existing concrete dock is to be removed. This restoration plan shall indicate the substrates which are to replace the concrete (Please note, it is recommended that native substrates which match the existing substrates adjacent to the concrete, i.e., the undisturbed shoreline, be used). Please include at least one cross - section drawing. 8. Based on our mappingg, the proposed works are partially below the Average Annual High Water Mark (AAHWM) contour of Lake Simcoe (219.15 masl). As such, these proposed works are subject to review under the Federal Fisheries Act, in accordance with our Level 3 agreement with the Federal Department of Fisheries and Oceans Canada (DFO). Please provide photographs of the existing site conditions. 9. The proposed works are adjacent to Lake Simcoe. Any such works adjacent to Public Land or Crown Land may also require a work permit from the Ministry of Natural Resources (MNR). Please contact Cliff Vankoughnett, Lands Technician, MNR Midhurst District (by telephone: 705- 725 -7524) to determine if work permit is required from the MNR for the proposed works. 10. Please note, the proposed plans for the boathouse do not include the proposed geodetic elevations for the top of slab or any other elevations. This proposed boathouse may not meet the minimum height requirements according to the Township of Oro - Medonte's Zoning By -law No. 97 -95. In order to proceed with processing your application as submitted, a minor variance for the proposed boathouse height may be required from the Township of Oro - Medonte Committee of Adjustment. Please include all elevations on the site plan drawing, including the AAHWM of 219.15 masl for Lake Simeoe. All height measurements for the proposed boathouse are taken from this elevation. Please contact Steven Farquharson, Planner, Township of Ora - Medonte (by telephone: 705 -487- 2171) to determine if a minor variance is required. Please be aware that a commenting fee of $200.00 will be required by the LSRCA for review of any minor variance application submitted to the Township of Oro- Medonte Committee of Adjustment, if required. Upon receipt of the above noted information we can continue our review of this application. If you have any questions, please do not hesitate to contact the undersigned at 905 -895 -1281, extension 287. In order to facilitate our processing of this file, please reference the above noted file numbers in future correspondence. Yours truly, Ian Walker Environmental Planner I W /dt Cliff Vankou hnett, MNR Midhurst, 1- 705 - 725 -7584 - Fax Steven Farquharson, Township of Oro- Medonte - Fax - 1- 705- 487 -0133 \ \1 f awkeston6sharedVanMCorrespondence \Rcgulalions\I'ennils \Oro- Medontc \2008\ 1065 Lakeshore Road East(Caniana) RPMA4488 - I.vO>d � Township pfOro'K0edonte~Committee of Adjustment September 18, 2008 2008-A-41 — George and Heidi Caufin 175 Lakeshore Road West, Lot 65, Concession 7 (Former Oro) THE PROPOSAL The applicants are proposing b}construct a single-storey boathouse which is proposed b] have 8 total area of 60 M2 (650 fe). The applicants are requesting the following relief from Zoning By-law 97-95: 1. for the boathouse from the required 4.5 metres (147feet) to proposed 5.7 metres (18.8 feet). Official Plan Designation —Shoreline Zoning By-law H7-95— Shoreline Residential (SR)Zone Previous Applications — 3. ENVAGENCY COMMENTS Public Works Department —0OComments received Building Department — The Township Building Dept. has reviewed the application and note that the proposal appears ho meet the minimum standards Engineering Department —N0concerns Lake GiOlCO8 Region Conservation Authority — Comments Attached 4. BACKGROUND The subject p[UpOdv has 8 road frontage of 8ppn}xinn8tO|y 30 metres (100 feet), G shoreline frontage of approximately 42 metres (140 feet) and 8 lot area Of approximately O.2 hectares (0.5 acres). The lands currently have G single storey dvv8|iiOg with 8 gross floor area Of 135 mc /1.457 *e\. he owner is proposing hD construct @ boathouse wNchiS proposed h}have a height of5.7| 8tnBS(1�8 feet) above the average hiQhw8t8r mark of Lake 8inlCOe. The re8SOO for the requested variance is that the proposed boathouse height will exceed the maximum height Of4.5 metres (14.7 feet) 8S defined by Zoning By-law 97-85. Does the variance conform 6mthe general intent of the Official Plan? The property iG designated Shoreline /n the Official Plan. SeCUOD D101 which contains the Shoreline policies in the Township's Official Plan sets out the following objectives: T0 maintain the existing character Ofthis predominantly residential area. To protect the natural features of the shoreline area and the immediate shoreline. The applicant is not requesting an increase in boathouse area or a variance to setbacks just height. The requested height variance would appear to maintain the character Ofthe shoreline area. On this b8Sks' the proposed variance would therefore COOfOnD with the intent Of the policies contained in the [}MSiG/ Does the variance conform bothe general intent ofthe Zoning By4am? The subject property is zoned Shoreline R8Sid8nh8| (SR) in Zoning BV-law 97-95, as amended. One of the purposes of regulating the location and height Ofboathouses in the Shoreline R8SiU8nU8| (SR) Zone is to prevent over-development Of the shoreline frontage which may lead to the Sh0r8xOH being dominated by the boathouse SbVCturHS and ultimately i[np8CUDg the character Ofthe ShOn8|iO8. The proposed boathouse rnegtS the setback pn}viSi0OS of the By'|8vv and the p8n:8nt@g8 Of water frontage . OCcup|8U by the structure. u�t�[g� The boathouse structure dOSg not exceed 4.5, however the pn}pOSQd boathouse height will exceed the maximum height standard by 1.2 n0HtnBS. Boathouse height is calculated from the 8v8[8g8 high water mark not just the height Ofthe boathouse structure. It should be noted that the boathouse is setback approximately 4.5 metres (14.7 feet) from the average highvvat8r mark. The proposed boathouse will remain, visually, secondary hJthe dwelling, will not dominate the shoreline, and will not impact the potential views from adjacent lands. CN this basis the variance is deemed to conform to the general intent of the Zoning by-law. ks the variance appropriate for the desirable development mf the lot? Based On the Site inspection, the pn}pOS8d boathouse height would appear to be appropriate for the desirable development of the lot and in keeping with the surrounding shoreline area. It should be noted that there is nn8tun8 cedar hedge located along the interior property line Of the proposed boathouse which will provide a visual buffer to the neighboring property. Given that the proposed boathouse height will not result in the over-development of the subject lot or the shoreline, the proposal is considered appropriate for the desirable development of the subject lot. {o the variance minor? AS this application is deemed h0 COnfOn0 with the Official Plan, nn8iRt3iD the intent Of the Zoning Bv-|8vv and is appropriate development, the variance is considered to be minor. It is recommended that the Committee grant Minor Variance 2008-A41 subject to the following 1. That the maximum height Uf the proposed boathouse not exceed 57metres; 2. That the appropriate building permit be obtained from the Township only after the Committee's decision becomes final and binding, 8S provided for within the Planning Act R.8.C). 1990.C.P. 13.; and, 3. That an [ht8d0 Land Surveyor provide verification to the Township of cOmrdia0Cg with the Committee's decision by 1\ pinning the footing and 2) verifying in vvhUOg prior to pVUdn0 of the foundation SOthat: i. The boathouse not exceed 8 maximum height Of5.7metres 4. That the applicants obtain approval from the Lake S/m[oeRegion Conservation Authority under the Conservation Authorities Act. 5. That the setbacks be in conformity with the dimensions 8S set out iD the application and Onthe sketches submitted with the application and approved by the Committee Reviewed by, G&h�vhite, MCIP, RPP Senior Planner M Oil, it 64 V; I j i3 9 i i � I N 0 ° - c. Io m U I ° E a� I � I PART t, LOT 65 ��p,_t2j M12 PLAN 967 175 Lrkoshore D?iVB 3 ~ �;, TOWNSHIP OF ORO- MEDONTE County Sitmoe •, �i ga5ti of pi to Pl an1 251) ! - r r r2l sha ei4fe Sedio _. N 0 ° - c. Io m U I ° E a� I � �� l I Key Ky�,lo Te 11 legend .v ram revue vtra ser Vv .......... 410 q) ,A z 0 75 110"I- %'SymbMs Lv;-d A�A ........ . Design Loads Climatic Data I Key Ky�,lo Te 11 legend .v ram revue vtra ser Vv .......... 410 q) ,A z 0 75 Plan ry C? O cc lj- Qi JrT - -- ------------ ry C? O cc lj- Qi R-f V4, t. 9.MIN S� .A-A I ) S-ti" CL • LPL �I SWhElevelion 71 Al DETAIL - SIDING US CORNER Iji DETAIL SIDING CORNICE 0 cu- CID C 4= c C) L5 it DETAIL SIDING OtS CORNER 71 Al DETAIL - SIDING US CORNER Iji DETAIL SIDING CORNICE 0 cu- CID C 4= c C) L5 yypiq�j wav S.cfim 2 I'll T,, :llz It I C\J 2 I'll T,, :llz It I T 'j, . v *,a ��R ,4 ^ V-'," \`�� ��� <�<�� §�f % \/, � y ^ :. ��� /� » ° � \� \�� � \/2\ �� mm :Z, Severance / Minor Variance Review Hearing Date: Application #: Owner: MAS #: Lot #: -6 The Township I Plan #: Conc. #: Wilding Dept. has reviewed this application. ❑ Site inspection required and completed. .4 Proposal appears to meet minimum standards. ❑ Applicant to verify that sewage system meets minimum required setbacks as per Part 8 of the Ontario Building Code. ❑ Comments: Note: This is not approval for any particular development proposal Respectfully submitted, Kim Allen Chief Building Official 9 T ledonte Engineering Department Inspection Report/Comments for Consente ��M.i�ar Var�anc„ Other File No. ; Name of Owner CC - Address 3 tr Subject Property Remarks:.. Keith Mathieson, Director of Engineering & Environmental Services . Committee of Adjustment Meeting Date: SEP -11 -2008 17:08 TOWNSHIP OF ORO— MEDONTE 09/11/2008 THU 16:07 FAX Sent by Facsimile 1 -705- 487 -0133 P.001i002 0001/002 September 11, 2008 File No.: 2008 -A -41 IMS No.: PV00504C2 Mr. Steven Farquharson " Secretary- Treasurer Committee of Adjustment Corporation of the Township of Oro - Medonte P.O. Box 100, Oro, ON LOL 2X0 Tel: 905 - 895 -1281 1- 800465 -0437 Fax: 905 - 853 -5881 Dcar Mr. Farquharson: E -Mail: info(u'lsrca.on.ea Web: mw\v.lsrca.00.ca Re: Minor Variance Application - Increase Maximum Height For Boathouse 120 Bayview Parkway George & Heidi Caufin, Owners Box 282 Newmarket, Ontario Part of Lot 27, Concession 7 (Former Township of Oro) L3Y 4x1 175 Lakeshore Road West, Plan Lot 65, Plan 967 Township of Oro - Medonte (Oro), Counq of Simcoe The Lake Simcoe Region Conservation Authority (LSRCA) has reviewed the above noted Minor Variance application in the context of the Provincial Policy Statement 2005 (PPS - 2005), and Ontario Regulation 179/06 made under the Conservation Authorities Act. This application, if approved, would permit the construction of a new boathouse with a maximum height of 5.7 metres above the Average Annual High Water Mark (AAHWM) of Lake Simcoe (219.15 masl). Our mapping indicates that the above noted property is partially within the Approved Regulation Limit of the LSRCA. The western portion of the above noted site is regulated for a watercourse with associated meanderbelt (erosion allowance) and Regional Storm floodplain (FE = 223.13 masl). The southern portion of the above noted site is regulated for shoreline erosion allowance and 100 -year wave uprush (FE = 220.14 masl). A permit may be required for any future development of the regulated portion of the above noted property. Based on our review, we provide the following comments: 1. Based on our mapping, the proposed boathouse is located within the regulated portion of this property. A permit under Ontario Regulation 179/06 is required from the LSRCA for the proposed development. Please note, the boathouse must be designed to withstand the effects of ice action and wave uprush, and the drawings are to be stamped, signed and dated by the structural engineer. A 2. The proposed boathouse is partially within the area affected by the 100 -year wave uprush. The LSRCA requires that all electrical outlets, main panel, and permanent Watershed heating equipment in the proposed boathouse be positioned a minimum of 5 cm above the 100 -year wave uprush elevation of 220.14 masl. for Life 3. Please be advised that the LSRCA development fee for this application is $200.00 in accordance with our Planning and Development Fees Policy. 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. Page 1 of 2 SEP -11 -2008 17:08 TOWNSHIP OF ORO— MEDONTE 09/11/2008 THU 16:08 FAX September 11, 2008 File No.: 2008 -A -41 IMS No.: PV00504C2 Mr. Steven Farquharson P.002 /002 2002/002 Based on the above noted information, the LSRCA has no objection to the Minor Variance application, subject to the following conditions: That a permit under Ontario Regulation 179/06 be obtained from the LSRCA, prior to the issuance of a municipal building permit for the proposed new boathouse. Please note, a permit application (IMS No.: RPMA4473) has been submitted for the proposed boathouse. 2. That prior to any site alteration, proper erosion and sediment control measures must be in place. The LSRCA requests that payment of the outstanding LSRCA review fee of $200.00 be made a condition of approval of the above noted Minor Variance application. I trust this meets your requirements at this time. 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 -1281, extension 287. Please advise us of your decision in this matter. Yours truly, Ian Walker Environmental Planner I W /ph e. George & Heidi Caufin, Owners, 1- 905- 738 -5770 - Fax U (Minor Variara.-e - Caufin) 175 Lakeshore Road Wesi - I,�%I)d TmwnmhipmfOrm-Medmmte - ComnmitteemfAdjustmert September 18,2Q08 2088-A-42— Marion Garnett 3 Beach Road, Plan 949, Lot 16 (Former Orillia) 1. PURPOSE OF APPLICATION The applicants are proposing k] construct a Sin(d8 detached dwelling with an attached garage. The proposed dwelling, excepting the 71.3 M2 (768 ft2 ) attached garage, would have a first storey floor area of 72 nl^ (775 0e). The applicant is MgqV8SUnQ the following relief from SeCbOO 4, Table 131 of Zoning By-law Shoreline Residential Exception 103 (SR*103) Zone: Required Proposed Minimum First Storey Floor Area 90 Sq. m 72 sq.0 2. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation —Shoreline Zoning By-law S7'S5— Shoreline Residential Exception 1O3/SR°1O3\Zone PreviOUSApp|iC@bOOs — nODe 3. DEPARTMENT/AGENCY COMMENTS Public Works Department —No comments received Building Department — No building permit will be issued without approval for septic system Engineering Department —NVconcerns 4. BACKGROUND The subject property currently contains a single family dwelling VD the east side Of Beach Road On the west side Of B8SS Lake. The subject property contains approximately 45 metres of frontage On Beach F9O8d, and an area 8f approximately 0.12 hectares (0.32 acres). The proposed dwelling dOBS not meet with the required nnini[OuUl first Sb]r8y floor 8oB8. being 90 square metres. AS Such' the applicant has applied to the Committee of Adjustment for 8 variance for 8 reduction in the rniOi[Duno first Sb3[8y floor area from S0square metres bJ72square metres. Does the variance conform to the general intent ofthe Official Plan? The pn}p8dv is designated ShOn}|iD8 by the Official Plan. Section C5.2 of the Plan states that "permitted uses on lands designated Shoreline ... are limited to single detached dwellings [and accessory buildings to such]...". Therefore single detached dwelling with an attached garage would represent a permitted use. [}n this basis the proposal iaconsidered to conform bm the intent mf the Official Plan Does the variance conform bmthe general intent ofthe Zoning By-law? The subject property is zoned Shoreline Residential Exception 103 (SR103) Zone. Permitted uses in the 8[lZone include single detached dwellings and accessory buildings, such @G garages and storage sheds. The exception 103 dO8S not 8ff8Ct this 8pp|iQ]UOn' due to it addressing the CODstrVCbOD of dwelling OO vacant land that has maintained h}b8 vacant since the passing 0f the 97-95 Zoning By-|aw. With respect to the pn]pOSeU reduced DOiOirnunl first storey f|O0[ 8r98, it is the intent Of the By-law to ensure that new residential construction does not take the form of unduly small, S8880nG|, or temporary dwellings, which may detract from the general character and aesthetics of the local neighbourhood. The application 81 hand seeks b] construct 8 single storey dwelling containing 8n attached garage, and deck on the rear Ofthe pn}pOGeU dwelling. According to drawings submitted with the application, the first storey fk}O[ area, minus the garage, is approximately 72 Gqu@ng metres. The footprint Of the structure with the garage area, being 71.3 square metres, totals approximately 143 square metres. Aside from the minimum first storey floor area requirement, the proposed dwelling otherwise meets with all 000iC8Ne front, side, and rear yard setbacks, 801 CVDlpU8S with setback from the average high-water mark to Bass Lake as prescribed. As auoh, the proposed dwelling meets the general intent of the Zoning By-law. /e the variance appropriate for the desirable development of the lot? Based on the site inspection, it was noted that surrounding dwellings on Beach Road are larger then what the applicant is proposing. However, it should be noted that the neighboring dvv8|iDg to the south, is Ginni|8r in size to what the applicant is proposing. It was also DVt80 that many Of the homes, if the garage area was ignored, appeared to be quite Srn8U. particularly in the single storey examples. A survey Ofthe gross floor areas Of homes on Beach RO8U in close proximity to the subject lands was taken, and @CCUnjiDg to Township building r8COnjs' structures iD the area range between 59 square metres uph]12G square metres. AS such, the average gross floor area for structures 0O Beach Road is 90 square metres, consisting 0f8 mix Of one and two-storey dwellings. As the proposed dwelling would consist Of8 gross floor area Of 150 Square metres in two storeys, which does not include the garage area, the proposed structure would be compatible with the character of development in the area. As such, the variance is desirable for the appropriate development of the lot. Is the variance minor? On the basis that the proposal cOnfOnnS to the Official Plan, maintains the general intent Of the Zoning By-law, and is considered desirable for the appropriate development of the lot, the variance is considered to be minor. It is recommended that the Committee approve Variance 2008-A'42' being to grant a reduction for the noiOiQQVn8 required first storey floor area from SD Squ8n8 rn968S to 72 square n89treS' subject to the following conditions: 1. That the appropriate building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 2. That the existing dwelling on the property be removed prior to the issuance of a Building permit. All of which is respectfully submitted, Steven Farquharson, B.URPL Intermediate Planner Reviewed by, _v��e4� Glenn White, MC|P.RPp Senior Planner I 0 -0479(LT) Is$( ) N85*C)2*00'W (Z — 30.00.(Pl &SETY Iussla(ms) DIMRSED (WIT TOP) SEE DETAIL rn 0 -0 cn Q) BE 35.89'(P I &M) lao (ou) LOT 17 co -a m ]E > C) �n C� 10'2 VII 610 __ 32 _ 10, 32' 47 210 27 2 2'1 O 4` 91 2' 91 4° 22``f tt 2' -2r5_12' 3' 1 2' 1265 2'13 2 r W 27`4 k+ ll, �; IT- . ��. 5 .. . .... ._ .N. 1 9g o To edopte Epoipeeripg Department Inspection Report/Comments for Consent Other File No. Name ofowner Address Nil Subject Properl- pnx Remarks: f n % Keith Mathieson, Director of Engineering & Environmental Services Committee of Adjustment Meeting Date: Severance / Minor Variance Review Hearing Date: Application #: 2-1-C A --� 4 2 Owner: C MAS #: Lot #: Plan #: Cone. #: �d The Township Building Dept. has reviewed this application. ❑ Site inspection required and completed. ❑ Proposal appears to meet minimum standards. Note: This is not approval for any particular development proposal Respectfully submitted, Kim Allen Chief Building Official SEP -12 -2000 09:44 TOWNSHIP OF ORO- MEDONTE P.001i001 SEP -12 -2008 08:43 FROM:NUCA 7054242115 TO:17054870133 P.1/1 s� >�s 0 Oti 1� tf0 N -A��(7 September 12, 2408 Steven Farquharson, Secretary - Treasurer nit. Blue Mncmttine Re: Application for Minor Variance 2008 -A -42 (Garnett) Rr dford -"'tKL Gwillimhary Lot 16, Plan 949, 3 Beach Road C It:uview Township of Oro- Medonte (Formerly Township of Orillia) ( ollingwood The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this I-=-a application for minor variance and based upon our mandate and policies Inni =fll under the Conservation Authorities Act, we have no objection to its Mel.ancthca, approval. Mono We advise the NVCA has issued a permit under the Conservation '"'UIMUr _Authorities Act for this proposed development. Nrw TLLUMItth Oro -M dontt: Thank you for circulating this application for our review and please forward GrFy Highland= a copy of any decision. Shelbumr- Sincerely, 5pr r rr�w.�ter r- � Tim Salkeld Watershed Resource Planner Counties Su [IC oC I)ufftnn (,ruy Member of C(tnserving our Healthy Waters NO I fAWASAGA VALLEY CONSERVATION At i 1 t IORM Ccrtitrc tar Con,, rv, tian Conservation Jahn Hix (,'.onservaUun Adrrnrtuslrution CtnU'e - Tiffin Cnnst-watiun Aura 81911 8th Lin( Utopia ( )n I OM 1 T 0NT,�RI0 Telephone: 70;.424.1479 rax: 705.4242115 Wph: www.nvea.on.La Email- adntlnQ1nvna.crnca TOTAL P.001 Committee of Adjustment Member Township of Oro - Medonte Municipalities P.O. Box 100 Adia1a -T(r urond , Oro, Ontario, LOL 2X0 AmsranlfY Bear Mr. Farquharson; HArrlt nit. Blue Mncmttine Re: Application for Minor Variance 2008 -A -42 (Garnett) Rr dford -"'tKL Gwillimhary Lot 16, Plan 949, 3 Beach Road C It:uview Township of Oro- Medonte (Formerly Township of Orillia) ( ollingwood The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this I-=-a application for minor variance and based upon our mandate and policies Inni =fll under the Conservation Authorities Act, we have no objection to its Mel.ancthca, approval. Mono We advise the NVCA has issued a permit under the Conservation '"'UIMUr _Authorities Act for this proposed development. Nrw TLLUMItth Oro -M dontt: Thank you for circulating this application for our review and please forward GrFy Highland= a copy of any decision. Shelbumr- Sincerely, 5pr r rr�w.�ter r- � Tim Salkeld Watershed Resource Planner Counties Su [IC oC I)ufftnn (,ruy Member of C(tnserving our Healthy Waters NO I fAWASAGA VALLEY CONSERVATION At i 1 t IORM Ccrtitrc tar Con,, rv, tian Conservation Jahn Hix (,'.onservaUun Adrrnrtuslrution CtnU'e - Tiffin Cnnst-watiun Aura 81911 8th Lin( Utopia ( )n I OM 1 T 0NT,�RI0 Telephone: 70;.424.1479 rax: 705.4242115 Wph: www.nvea.on.La Email- adntlnQ1nvna.crnca TOTAL P.001 Township of Oro-Medonte - Committee of Adjustment September 18, 2008 2008-B-19 Gavin Wright and Caron Wilson 14 Cahiague Road, Lot 14, Concession 11, (Former Twp. Of Medonte) The purpose of Consent application 2008-B-19iSto permit the creation of a residential lot. The lot to be severed is proposed to have 45 metres (147 feet) of frontage On Highway 12' and 8lot area of approximately O.4 hectares (0.98 acres). The proposed retained lot would contain approximately 340 metres (1115feet) of frontage OO C8hi Ve Road, and 8 kd area Of 36 hectares (89.9 acres). Given that a large portion of the subject property contains EDvimoDDl8Dt8| Pn]beCtiDD Two Ov8d8y' as set out in the [XffiCi8{ Plan, an EDviK)DrD8Ot3| Impact Study (BS) was required, which was completed on July 252OO8. The Township has received favourable comments regarding the E|8. U is now appropriate for Committee to consider this Official Plan Designation — Rural, Environmental Protection Two Zoning By-law 97-95— Agricultural/Rural (A/RU) Zone and Environmental Protection (EP) Zone Previous Applications — None. 3. AGENCY COMMENTS Nottawasaga Valley Conservation Authority — See attached. SimcO8 County — Comments forth coming Public Works —N8 comments received Building Department Engineering Department — See attached 4. BACKGROUND The subject property iG located in the former Township 0fK88UOnt8.@d the northeast corner of the intersection Vf Highway 12 and C8hi8gu8Road. The lands are designated Rural and Environmental Protection Two inthe Official Plan, and zoned Agricultural/Rural (A/RU) Zone and Environmental Protection (EP) Zone. The EP zoning exists approximately in the middle Of the pn}p9dy, where a vvat8nCOUrS8 vvhk:h flows to the north. The EP component {f the property is located on the pn}p0S8d lands h}bRsevered. Both the proposed severed and retained lands are characterized as having extensive mature tree cover consisting 8 vGheb/ of mixed tree species. NV buildings or structures exist on the proposed retained |8nds, hVvv8v8r there is an existing dvv8UiDg. garden Shed and garage |OC8UBd on the pn0pOS8d severed |@DdS which the 8pp|iCGOtS currently occupies. A cluster 0f single detached dwellings are located along Cahi8gu8 Road and Highway 12. AS Shgt8d above, 8pp|iC8hDn 2008-B-19 required the SubrDiSSiOO of an EIS given that the subject property CoDt8iDS lands designated ''EDvin}nrnUnt8| Protection Two", reflecting significant vegetation features. GgCtk]n B3.4 of the Official P|8D requires an EIS for new development On |8DdS within the Envin)O00eDt]| Protection Two overlay. AS8 result Ofthe EIS investigation, it was determined that the proposed development on subject lands would have no negative impacts on the natural Hertiage features or functions of the area. The EIS was COn0p|Ht8d by J. DObe|| &A8soCiat8G' dated July 25' 2008. and subsequently circulated tOthe N0M8vv8G8Aa Valley Conservation Authority (NVCA) and the County OfSi[Dc08 for comment. Comments were received from the NVCAnD September 10. 2008, with respect b}the EIS. VVhi|8 the NVCA agreed with the E|8 stating that they accepts the report's conclusion which indicates the proposed development will have no negative impacts On the Natural Heritage features and functions [dthe area. The County has also indicated that they support the recommendation that the NVCA have stated. 5. OFFICIAL PLAN The Township Official P|@D contains specific policies with vBGp8Ct to permitted land uses within the Rural designation. With respect to this application, a single detached dwelling (and accessory uses to dwellings) are pe[rDi#80 On |GOdS designated HuGl|. In addition, the creation of new residential |QtS VO RVxG| lands is permitted in the Official P|8D under Section C2.3.1: ^C2.3'1 The creation of new lots for residential purposes ... only one new lot can be severed from 8 lot inthe Rural designation that has an area of at least 36 hectares or is the whole of an original Township lot provided a lot has not been severed from the parcel after March 20,1973" In considering the creation of a new lot for residential purposes, the Committee of Adjustment shall be satisfied that the proposed lot: 8) will have a minimum lot area of 0.4 hectares; b> is of an appropriate size for n8siU8DU8| uS8' with such G residential use generally not requiring 8 lot size that exceeds 2.0hectares; C\ fronts Onb} an existing public n]8d that is maintained year round by the Township Or County; d> will not cause 8tr8ffic hazard RS8 result Of its location oDG curve O[G hill; and, e\ can be serviced with an appropriate water supply and 8n @ppn}pd8b8 means [dsewage disposal. This 8pp|iC8dOO vvOVM appear to CUnfVrnl to the above policies, as the subject property O08etS the [ninirnUnn size provisions, and has not had 8 severance after 1S73. The proposed lot also meets with all criteria listed iO SeChOD C2.3.1. With respect tOthe Environmental Pn]t8cUUO Two (Ep2) overlay applying bJthe proposed severed and /eb}in8U lands, the E|8 completed by the applicant has satisfied the requirements of Section B3.4, which stipulates that new development proposed on lands with the EP2 designation may require an EIS prior to approval. On the basis of the above, the application vvOu|d appear to CVUfOnD to the applicable policies of the Official 6. ZONING BY-LAW The subject property is zoned Agricultural/Rural (A/RU) Zone and Environmental Protection (EP) Zone by Zoning By-law 97-95,8Samended. The proposed lot will consist 8f04 hectare KJ.S8RcKe8\' and will have 45 metres (148 feet) Of frontage on Highway 12; the required frontage for 8 |0t in the A/RU Zone is 45 metres (148 f80d. and the required minimum lot area for residential use is 0.4 h8Ct8n}G /0.98 8Cn8S\. The lot to be created does currently contain EP zoning. The proposed retained lands would consist 0f approximately 36 hectares /8H8CK}s\. and maintain 340 metres (1115 feet) {f frontage OnCGhigueRoad. Further, the proposed lot would also meet with all requirements of lot area and frontage of the /VRU Zone. On the basis of the above, the application would appear to comply with the Zoning By-law. 7. CONCLUSION The proposed consent application for the creation of8 residential lot conforms to the policies of the Official Plan, and complies with the minimum lot provisions of the A/RU Zone, as prescribed by the Zoning By-law. It is recommended that the Committee grant provisional consent to Aoo|ic3t0O 2008'B-19 subject to the following conditions: 1.That three copies of8 Reference Plan of the subject lands prepared by8DOntario Land Surveyor bH submitted h]the Committee Secretary-Treasurer; 2. That the appropriate permit(s) and any other necessary approval(s) be obtained from the Nottawasaga Valley Conservation Authority only after the CV[DDnittHH'S decision beCV[DSS final and binding, as provided for within the Planning Act R.S.O. 1998, C.P. 13. 3. That the 8pp||c8Oys solicitor prepare and submit 8 copy of the proposed conveyance for the p8rC8| severed, for review bythe Municipality; 4. That the applicant pay $2.O0O.U0 for the lot created 8ScaSh'in'|ieu0fG parkland contribution; 5. That all municipal taxes be paid b} the Township 0f{Jn}-K4edont8; 8. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving Vf the notice. All of which espectfully submitted, Steven Farquharson, B.URPL Intermediate Planner Reviewed by, Glenn White, MC|P, RPP Senior Planner Proposed Lot Creation V� I�A le. r- �� ��r, �..,�,'' �� \/ 0�' 0\ � Wli \/ 0�' 0\ � T 'ledonte F»OineerinQ Department inspection Report/comments for Consent` P Minor Variance Other File No. i Name of owner N A Address ' .N Subject Property Keith Mathieson, Director of Engineering & Environmental Services . committee of Adjustment Meeting Date: Steven Farquharson, Secretary- Treasurer Committee of Adjustment Township of Oro - Medonte P.O. Box 100 Oro, Ontario, LOL 2X0 VED 5 �r 1 d 1008 ORO- MEDON4-rE TOWN`':.,' _,­ Member Municipalities Dear Mr. Farquarson; Ad I a I a -Toso ro nti o Re: Application for Consent 2008 -B -19 (Wright/Wilson) Amaranth Part Lot 11, Concession 14 Barrie Township of Oro - Medonte (Formerly Township of Medonte) The Blue Mountains The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the Bradford -West Gwillimbury Environmental Impact Statement prepared in support of this consent Clearview application. The NVCA accepts the report's conclusion which indicates the Coliingwood proposed development will have no negative impacts on the Natural Heritage features and functions of the area. The NVCA therefore has no Essa objection to the approval of this application. Innistil Melancthon Please be advised that a significant part of the property is under the Mono regulatory jurisdiction of the NVCA whereby permits are required under the Mu{mur Conservation Authorities Act prior to any development. The NVCA requests that prior to the issuance of a municipal building permit, clearance be Newrecumseth obtained from the NVCA. A detailed site plan showing all proposed Oro - Medonte development in conformity with the Environmental Impact Study will be Grey Highlands required prior to clearance. Shelburne Please forward a copy of any decision. Springwater Wasaga Beach Sincerely, .-- Watershed /Z Counties Tim Salkeld Simcoe Resource Planner Dufferin Grey Member of Conserving our Healthy Waters NOTTAWASAGA VALLEY CONSERVATION AUTHORITY Centre for Conservation Conservation John Hix Conservation Administration Centre � Tiffin Conservation Area 8195 8th Line - Utopia, On LOM 1 TO ONTARIO Ha«�rcna, p;o „ Telephone: 705.424.1479 - Fax: 705.424.2115 - Web: www.nvca.on.ca Email: admin @nvca.on.ca The Corporation of the County ` of Simcoe Phone: (705) 726-9300 Fax: (705) 727-7984 Corporate Services Division lll0 Highway 26. Administration Centre Planning Department Midhvmt, Ontario L8LlXU Steven Farquharson, B.URPL Committee of Adjustment Township ofOo+K4edonte 148 Line 7South Oro, Ontario LOL2XU Dear Mr. Farquharson: RE: Consent Application File No. 2008-B-1 9 (Gavin Wright and Caron Wilson) Part Lot 11. Concession 14, Township mf0ro-y0mdmobm Thank you for circulating the County ofSinocoe. The subject property ks designated Greonlanda according toEJnmcoa County's Official Plan Schedule 5,4. A portion of the pudbnznk Creek Provincially Significant Welland exists on the subject property. Section 37.6of the County Official Plan identifies that residential lots created by consent may be permitted in the Greenlands designation conditional on acceptable results from an Environmental Impact Statement (EIS). County planning staff feels that an EIS may yield significant information and mitigation measures for development on the subject lands. The County has no objection to the approval of the application provided the following condition is included: 1. The applicant shall submit an EIS 0n the satisfaction ofthe County CfGimnoogwhich demonstrates that the proposed development will not have a negative impact on the natural features and associated ecological functions of area. Enclosed isuTerms of Reference for the completion of an EIS study. Please forward a copy of the decision. If you require any further information, please do not hesitate to contact me. Greg arek Planner 11 (705) 726-9300 ext. 1362 cc. Tim Salkeld, NVCA Attachment: County Environmental Impact Statement Requirements Guide & Planning Dk.D07 mo`4Development mnev°°"ce &o,u ,y=rigm+wils" The County of Simcoe Official Plan Part 6 - Appendices Appendix I - Environmental Impact Statement (EIS) Requirements A. EIS Requirements An EIS: is required for development proposed within the Greenlands Designation; can be utilized to satisfy the General Subdivision and Development Policy, 3.3.5, that pen-nits development within identified significant features provided there will be no negative impact; is required within an identified wetland area that has not been evaluated and classified by the Province of Ontario; within the Oak Ridges Moraine Conservation Plan Area is required in accordance with the requirements of that Plan. B. Purposes The purpose of an EIS is to determine the suitability of the proposed development at that location and, if suitable, to determine site design and mitigative measures that can minimize disturbance to the natural environment. An EIS is intended to support the policy requiring development to have no negative impact on the natural features of the area. C. Content An EIS shall include the following where appropriate: • a description of the physical features on the subject land including buildings, structures, soils, vegetation, wildlife, topography, watercourses/bodies and other relevant features (what is on the property?); • a general description of the physical features outlined above of the land around the subject property (what is around the property?); • a summary of the development proposal including a detailed drawing of the proposed development (what is being proposed and where?); • a description of the potential impacts of the development on the physical features of the site (what impact will this change have?); • a review of alternative development options and alternative methods of mitigating the impacts of the development proposed (why is the development form proposed the most appropriate and what are the best measures available to protect the features of the site?); Page 79 The County of Simcoe Official Plan • exploration of opportunities for environmental enhancement (how can the environment be improved?); and • an implementation and monitoring Plan (how will this development be established including mitigation measures and enhancements and how will it be ensured that the environmental characteristics and features will be maintained?), D. Subject Matter The scale and subject matter of the EIS required will vary with the scale and type of development proposed. This shall be determined in pre-consultation with the County and the local municipalities prior to the EIS proceeding. The following is a list of examples of items and impacts which may be required in an EIS: • impact on recharge and discharge (water) functions of the site; • use and disposal of water - ground water; • impact on water quality, temperature, conveyance; • impact on aquatic habitat including spawning grounds; • impact on waterfowl and mammal habitat; • impact on size of core area; • erosion and siltation impacts; • discharge of substances other than water, e.g. salt; • noise; • air emissions; • odours; • management of the quality and quantity of stormwater run off, • loss of vegetation; • impacts of grading of terrain, especially topsoil; and • other matters determined appropriate based on the location and characteristics of the site. It is anticipated within the polices of the Plan that local municipalities may undertake research to complement and refine information of the County Natural Heritage Study and Greenlands Designation, and establish compatible local greenlands systems. Where such research has been completed to the satisfaction of the County and the local municpality, the environmental data may be utilized to assist in determining the scale and content of an EIS. E. EIS Approval Process Simple proposals will be approved at the Staff level. Complex projects will be subject to peer review by outside parties, at the applicant's expense. Very complex projects will be subject to the above, and may also require the approval of Planning Services Committee. Page 80 Township • Oro-Medonte - Committee • Adjustment September 18, 2008 2008-B-38 – George Anderson 1004 Line 14 North, Pt. Lot 9, West Pt Lot 10, Concession 14, (Former Twp. Of Medonte) ---------- — The purpose of Consent application 2008-B-38 is to convey approximately 10.1 hectares (25 acres) to the abutting property located at 1265 Line 13 North. No new building lots are proposed to be created as a result of this application as the application is looking to increase the farm holding of the property located at 1265 Line 13 North. The resulting retained lands will be approximately 33 hectares (81.5 acres) fronting onto Line 14 North. 2. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS Official Plan Designation – Mineral Aggregate Resources, Agricultural Zoning By-law 97-95 – Mineral Aggregate Resource One Exception 40 (MAR 1 *40), Mineral Aggregate Resource Two (MAR2) and Agricultural/Rural (A/RU) Zone Previous Applications – 2005-OPA-01 & 2004-ZBA-23 3. AGENCY COMMENTS County of Simcoe - No Comments Public Works Department – No comments received Building Department Proposal appears to meet minimum standards Engineering Department - No concerns 4. BACKGROUND The applicants are proposing a boundary adjustment to convey and add approximately 10.1 hectares (25 acres) to the neighbouring lot being 1265 Line 13 North, which is currently being used for agricultural purposes. The purpose of the adjustment is to provide a larger agricultural and aggregate lot for 1265 Line 13 North, which the applicant is transferring of property that has been inherited. The land to be retained by the applicant, 1004 Line 14 North Sideroad, would have an area of approximately 33 hectares (81.5 acres) and currently contains a single detached dwelling and various structures accessory to the aggregate operation on the property. 5. OFFICIAL PLAN Section D2.2.2 of the Official Plan provides a specific policy to allow Committee to consider applications for boundary adjustments. The policy states: "A consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created ... in addition, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the agricultural parcels affected." In reviewing the application, no new building lots will be created, and given the large amount of land to be conveyed, the viability of the overall existing agricultural operation would not likely experience an adverse impact. In addition, the County of Simcoe has historically required that residential lots in rural areas generally not exceed 1 hectare, with the intent of minimizing the fragmentation of farmland. AS 8 result Of the (}ffid8| P|GD ADn8DdrDenk that the applicant obtained through (}PA#22 in May of 260�, lands were redesignated from the Mineral Aggregate Resource to Agricultural. The portion that is proposed to be conveyed over to1265 Line 13 North, remained designated of the Mineral Aggregate Resources. [)n this basis, the application iS considered h}U8appropriate and generally conforms b} the Official Plan. The subject property iscurrently zoned Mineral Aggregate Resource One 40 UNAR1*40 &K8ireral Aggregate Resource Two (MAR2) Zone in the Township's Zoning By-law. The lot to be enhanced, 1265 Line 13 N0dh, iG currently zoned k4iOer8i Aggregate Resource One Exception 40 (K8AR1°40) W1iOR[G| Aggregate Resource Two ([NAH2) and Agricultural/Rural (A/RU)Zone. The land b]be added b}the enhanced lot isalso zoned K4AR1°4O\. The subject lands will be added hJ similar zoned lands. The proposed consent application iS for a lot addition generally conforms with the policies of the C)ffid@| P|8D and complies with the provisions of the Zoning By-law. |1iS recommended that the Committee grant Provisional Consent to Application 2008-B-38 subject to the following conditions: 1. That three copies Of@ Reference P|8D for the subject {8OU indicating the severed parcel be prepared by8n Ontario Land Surveyor besubmitted to the Secretary-Treasurer; 2. That the 8po|iC8nyS solicitor prepare and submit a copy Ofthe proposed conveyance for the parcel Severed. for review by the Municipality; 3. That the severed lands be merged in title with 1265 Line 13 North and that the provisions of Subsection 3 Or 5 of Section 50 of The Planning Act apply to any subsequent C0Ov9y8Oc8 or transaction involving the subject lands; 4. That the applicants solicitor provide an undertaking that the severed |8DdS and the |DOdS to be enhanced will merge intitle; 5. 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 respepfully submitted, Reviewed by Steven Farquharson, B.UHpL Glenn White MC||P'HPP Intermediate Planner Senior Planner No m m m i � Nwl,4 /l0 0 t � nt I � A/ 4-mr-J E-D LAt'J-'bS `g /.S, a,: " tn� A ZY BaYn to tj LAtj.,>S �0-'f M, f!i`a r `� ro G`�-� Wes• � t "�:�� `i /l0 0 t � nt I � A/ 4-mr-J E-D LAt'J-'bS `g /.S, a,: " tn� A ZY BaYn to tj Farquharson, Steven From: Marek, Greg Sent: Friday, August 29, 2008 2:40 PM To: Farquharson, Steven Subject: RE: Consent Application (2008-13-38) Thanks for circulating the County Steven. We have no comment. Greg Marek Planner 11 Phone: 705-726-9300 x1362 From: Farquharson, Steven Sent: Thursday, August 28, 2008 12:34 PM To: Marek, Greg Subject: Consent Application (2008-13-38) Hey Greg, Please find the consent application for the September 18, 2008 Committee of Adjustment hearing. if you can please review and provide comments that would be great. If you have any questions please feel free to contact me. I have a couple more I will be sending too. Regards, Steven Farquharson, B.URPL Intermediate Planner Township of Oro-Medonte Bus: (705) 487-2171 Ext: 4239 Fax: (705) 487-0133 www.oro-medonte.ca This message has been scanned for viruses and dangerous content by VPNetworks(l), and is believed to be clean. T 'ledonte Engineering Department Inspection Report/Comments for Consent Minor Variance Other File No. Name of Owner Address M Subject Property Remarks t = - * t s� l Keith Mathieson, Director of Engineering & Environmental Services . Committee of Adjustment Meeting Date: Severance / Minor Variance Review Hearing Date: Application #: � - a - - �-. a Owner: MAS #: Lot #: P' Plan #: '�k , a'i Conc. #: 04 -0 The Township Building Dept. has reviewed this application. ❑ Site inspection required and completed. ,4 Proposal appears to meet minimum standards. F-I Applicant to verify that sewage system meets minimum required setbacks as per Part 8 of the Ontario Building Code. ❑ Comments: Note: This is not approval for any particular development proposal Respectfully submitted, Kim Allen Chief Building Official Tom/nsh|pmfOro-Medonte - Commmmittee of Adjustment ^ September 18,20Q8 20Q8-B-39— Indian Park Association 15 Algonquin Trail, Plan M-8, Lot 2, Concession 6 (Formerly Oro) The purpose of application 2000-B-39 is to permit a lot addition. The subject land is Pad of Block F. P|8O K8'8' having G frontage 0f approximately 9 metres VO Huron Woods [}dve' and a depth Of approximately 3.5 metres. The subject lands are proposed to be added to the adjacent lands b] the west (79 Huron Woods Drive). NO new building lot iG proposed tVbg created as a result Ofthe lot addition. 2. MUNICIPAL POLICY, ZONING AND PREVIOUS APPROVALS OffiCadPlanDesignadon — RRsidenUa| Zoning By-law 07-95— Private Recreational Exception 114(PR°114) Zone Previous Applications — 3. AGENCY COMMENTS CVuntvOfGimCOS - No cO0Q8gntS Public Works Department ' Building Department — Proposal appears tO meet minimum standards Engineering Department — N0tt8w8SRg8 Valley Conservation Authority — 4. BACKGROUND The applicant is proposing 8 boundary adjustment to convey approximately U.O83 hectares (0.008 8C[8s) from the subject property to the neighbouring reSiUeDU8| lot located at 79 HunJnvvOOdSDrivg. The proposed lot addition iG currently utilized 8S the driveway access to 79 Hun]nwODdS Drive and there is CUn9OUy 8 registered easement between Indian P8[h Association and the owners of 79 Huronwoods Drive (Bolger) for this driveway access. NO new building lots are proposed to be created as O result Ofthe lot addition. 5. OFFICIAL PLAN The SVbi8Ct lands are designated Residential by the C]ffiCiR| p|8O ([)P). 8e:bUO D2 of the OP contains policies with respect to subdivision Of land. Specifically, S8CUOn O2.2.2 ' "Boundary AdiuGtD18DtS"' provides the f0||0vviUg guidance for Consent Applications in geD8n3|: ^a consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is Cr88ted..the Committee of Adjustment shall be satisfied that the b04Od8g/ adjustment will not affect the viability Vf the use O/ the properties 8ffech9(1" With respect to the application at hand, no new building lots are proposed and the proposed boundary adjustment does not affect the viability Ofthe current use for the existing driveway. As such, the proposed boundary adjustment iS generally in keeping with the intent ofthe n3GideDUG| pO|iCi8S SiGt8d in the Official P|8n, and otherwise cVDf0[Q0s 03 the boundary adjustment policies contained iO Section O.22.2. 6. ZONING BY-LAW The subject property is zoned Private Recreational Exception 114(PR°114) Zone byZoning By-law 97'95 as amended. The lot to be 8nh8DC8U. being 79 Hun]nw0OdS DdvR, is zoned Agricultural/Rural (A/RU) Zone. The Private Recreational Zone requires 8 frontage Of8 minimum 30 metres ODa public road. Because the subject land will not [088t this frontage r8qUirHOQeDL B condition vvOU|d be placed OO the subjects |8DUS requiring the owner Of7S Hun}nw0OdS Drive hJobtain 8 minor variance to recognize the reduction in the nninirnunn frontage requirements for the existing driveway which is located on the lands zoned Private Recreational, and to allow for a driveway to be the primary use of these lands. 7. CONCLUSION The proposed consent application for a boundary adjustment would appear to conform to the policies of the Official Plan, and would maintain the intent of the provision of the Zoning By- law as noted above. 8. RECOMMENDATION It is recommended that the Committee grant Provisional Consent to Application 2008-13-39 to convey a strip of land having a frontage of approximately 9 metres on Huronwoods Drive, a depth of approximately 3.5 metres, and an area of 0.15 hectares to the adjacent lands being 79 Huronwoods Drive subject to the following conditions: 1. That the owner of 79 Huronwoods Drive apply for a minor variance for the subject lands, to recognize the existing frontage of the current driveway at 9 metres requiring relief from the minimum frontage requirements of lands zone Private Recreational, and to permit the driveway use on the Private Recreational Lands 2. 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. 3. That the severed lands be merged in title with 79 Huronwoods Drive 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 applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 5. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Respectfully submitted, Ryan Vandenburg, B.URPL Planner Reviewed by Andria Leigh, MCIP RPP Director of Development Services -4 1147- Severance / Minor Variance Review Hearing Date: Application #: -2�1---- I- - "I — 7E,111-3) Owner: MAS Lot #: 2- Plan #: Conc. #: - Z The Township Building Dept. has reviewed this application. ❑ Site inspection required and completed. Jit Proposal appears to meet minimum standards. ❑ Applicant to verify that sewage system meets minimum required setbacks as per Part 8 of the Ontario Building Code. ❑ Comments: Note: This is not approval for any particular development proposal Respectfully submitted, Kim Allen Chief Building Official Farquharson, From: K4arek' Greg [Gr*g.Marek@ahnooe.ca] Sent: Friday, August 29 20082:24PM vm« ra'qmuxmv/, Steven Subject: RE: Consent Application 2008-13-39 Thanks Seven. County has no comment. Greg Marek Planner 11 Phone: 705-726-9300 x1 362 From: Farquharson, Steven[maUto:sfanquha Sent: Thursday, August 28, 2008 12:50 PM To: Manek,Greg Subject: Consent Application 2008-13-39 Hey Greg, Please find the consent applications for the September lO,20O8 Committee of Adjustment hearing. |f you can please review and provide comments that would be great. if you have any questions please feel free to contact me. Steven Farquharson, B.URPL intermediate Planner Township ofDnn-W1edonte Bus: (7U5)487-2171Exi:4239 Fax: (705) 487-0133 _ This message has been scanned for viruses and dangerous content by and is believed to be clean. , y -kk 'Tow'7���ip of Oro- I1'lcdonte Erg ,ring -epartm'e% Inspection FcP0rtJC0Mrncnts for Minor Variance Other File No. Owner Name of Address. Subject Property C7 K Remarks: Keith Mathieson, Director of Engineering & Environmental Services Committee of Adjustment Meeting Date: Township of Oro-Medonte - Committee of Adjustment September 18, 2008 2008-13-40 — Stuart and Shirley Woodrow Part of Lot 20, Concession 7 (Formerly the Township of Oro) Mials] The purpose of Consent application 2008-B-40 is to permit a boundary adjustment. The subject lands being part of lot 20, concession 7 is proposing to convey a strip of land having a frontage of 6.10 metres (20 feet) on Line 7 North, a depth of 123 metres (403 feet) and an area of 0.08 hectares (0.20 acres) to the land adjacent to the north (also owned by the applicant). No new building lots are proposed to be created as a result of the lot addition. Official Plan Designation — Oro Centre — Office/industrial Zoning By-law 97-95 — Agricultural/Rural Exception (A/RU*32) Zone Previous Applications — 3. AGENCY COMMENTS Public Works Department - Building Department — Proposal Appears to Meet Minimum Standards Engineering Department — No Concerns F's The applicant is proposing a boundary adjustment to add approximately 0.08 hectares (108 acres) from the subject property to the neighbouring residential lot to the north, also owned by the applicant. The proposed retained lot, being Lot 20, Concession 7, would consist of 9.97 hectares, and contains no buildings. No new buildings are proposed to be constructed on the lot addition lands. 5. OFFICIAL PLAN Subsection D2.2.2 of the Official Plan — 'Boundary Adjustments' contains the policies to be considered by the Committee for an application for a boundary adjustment. These policies state that consent may be permitted for the purpose of modifying lot boundaries, provided no new building lots are created. It states further that the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by Plan. It is understood that the intent of the boundary adjustment is to add lands to the existing residential lot to the north which are currently wooded and it is the desire of the current landowner to protect this wooded area. If new residential construction was proposed on the boundary adjustment lands in the future a re- designation would be required as these lands are not currently designated for residential purposes. For these reasons, the boundary adjustment is deemed to conform to the genera, intent of the Official Plan. The subject property is zoned Agricultural/Rural Exception (A/RU*32) and the lot to be enhanced is zoned Rural Residential Two (RUR2) by Zoning By-law 97-95. Within the Township there are a number of properties which contain split zonings. As the boundary adjustment lands are intended to ne maintained in their wooded state, a rezoning of this portion of the property is not proposed. Should the lands in the future be proposed for residential structures, a rezoning would be required. The lot to be enhanced as well as the retained lands, would both conform to the minimum lot area and frontage provisions of the zoning by- law. In addition, the existing dwelling on the enhanced lands would also comply with the minimum lot area and setback requirements for a structure in the RUR2 Zone. Therefore, the application would comply with the provisions as prescribed by the Zoning By-law. The proposed consent application for a boundary adjustment would appear to conform to the policies of the Official Plan, and maintains the use and setback provisions of the Zoning By-law. It is recommended that the Committee grant Provisional Consent to Application 2008-13-40 to convey a strip of land having a frontage of 6.10 metres on Line 7 North, a depth of approximately 123 metres and an area of 0.08 hectares to the adjacent lands to the north (also owned by the applicant) 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 applicant's solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title. 4. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. --------------------- _____________ _________________________ N58 °54'00"E 89.09 iT Imo MTe ryL) �� 1 LOT 10 REGISTERED a PLAN 1145 m — — — — — — — — — — — — — — — — I � N. 112 LOT 20 CONCESSION 7 i PIN 58546 - 0043 PIN 58546 -0045 Z LOT 9 , REGISTERED PLAN 1145 wm zxo�useY „I 070.96) �— 266,715 -- S PART 1 ' AREA - " SQ M' N 59.11' OV E 123.055 z e PIN 58546 - 0039 (LT) z !m S. 112 LOT 20 CONCESSION 7 i a zl A RETAINED AREA - 9.97 Ha 1 L_ LOT 8, R.P.1145 I REQUIRE THIS PLAN TO BE PLAN 51 R - DEPOSMED UNDER THE RECEI VED AND DEPOSITED [.AND TITLES ACT. STANDARD IRON BAR DATE DATE OU LAND REGISTRAR FOR THE P.1. MANSFIELD, OLS LAND TITLES O1 VLS10N OF PL SII.ICOE. (N0. 51) SCHEDULE INST. No. 801093100 PART CONCESSION PIN t PART OF 20 � 7 PART OF 58746A039 Q.T) PLAN OF SURVEY OF PART OF LOT 20 CONCESSION 7 GEOGRAPHIC TOWNSHIP OF ORO TOWNSHIP OF ORO- MEDONTE COUNTY OF SPACOE SCALE: 1:500 6 6.35 ill 25A 383 M -ntEs NOTES BEARINGS SHOWN ON THIS PLAN ARE ASTRONOMIC AND ARE REFERRED TO THE N 31'0-6'00"W OF THE EASTERLY LIMIT OF LOT 20 IN ACCORDANCE WITH REGISTERED PLAN 1145. / DENOTES FOUND SURVEY MONUMENT p SET SURVEY MONUMENT SIB STANDARD IRON BAR TB IRON BAR OU ORIGIN UNKNOWN MS MEASURED PL REGISTERED PLAN 1145 DI INST. No. 801093100 SURVEYOR'S CERTIFICATE 1 CERTIFY THAT: 1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT, THE SURVEYORS ACT AND THE LAND TTTLES ACT AND THE REGULATIONS MADE UNDER THEM; 2. THE SURVEY WAS COMPLETED ON .�-v ,� n° $ DATE 1 16017- 1 S �°° 9 PJ. ONTARIO LAND SURVEYOR �4ETRIC CONVERSION P. J. MANSFIELD DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND Ontario Land Surveyor CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048. 58 CHIEFTAIN CRESCENT BARBEE ONTARIO L4N 4LS Job No. 08 -3804 705 - 728 - 8832 k fir°' Tgn2i }yip of Oro- Aledonte Eno,ineerine Department Inspection Reporticomments for Conse ~Minor Variance Other File No. Name of Owner Address Subject Property Remarks: t Keith Mathieson, Director of Engineering & Environmental Services . Committee of Adjustment Meeting Date: Severance / Minor Variance Review Hearing Date: T I Application #: A C) Owner: MAS #: Lot #: t Plan #: Conc. #: :41 3j The Township Building Dept. has reviewed this application. ❑ Site inspection required and completed. Proposal appears to meet minimum standards. ❑ Applicant to verify that sewage system meets minimum required setbacks as per Part 8 of the Ontario Building Code. ❑ Comments: Note: This is not approval for any particular development proposal Respectfully submitted, Kim Allen Chief Building Official TOWNSHIP OF ORO- MEDONTE � rwI TO: Committee of Adjustment FROM: Andria Leigh DATE: September 10, 2008 SUBJECT: Minor Variance Decision John Bell 143 Bay Street 2008 -A -32 4c�) 1 At the Committee's August 21, 2008 meeting, a decision regarding the above noted minor variance was made as follows: "It is recommended that the Committee of Adjustment approves Variance 2008 -A -32, being to grant a front yard setback of 5.7 metres rather then the required 7.5 metres, and to increase the maximum height from 4.5 metres to 5.4 metres subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report so that: a) the detached garage be located no closer than 5.7 metres from the front lot line; b) that the area of the detached garage be no larger than 67.6 in , and have a maximum height of 5.4 metres. 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." The Minor Variance application that was submitted to the Township for consideration by the Committee of Adjustment was for the following: "The applicants are proposing to construct a detached garage with a ground floor area of 67.6 m2 (728 ft2). The applicants are requesting the following relief from Zoning By -law 97 -95: Shoreline Residential (SR) Zone Required Proposed Front yard setback 7.5 in (24.6 ft) 5.7 in (18.8 ft) Interior Side Yard Setback 2 in (6.5 ft) 1 in (3.3 ft) Maximum Height 4.5 in (14.9 ft) 5.4 in (17.8 ft)" The application therefore requested relief from the front and interior side yard setback provisions and the maximum height provisions. The decision of the Committee only refers to two of the three requested variances: front yard setback and maximum height. A decision with respect to the relief requested from the interior side yard setback was not provided. An amended decision from the Committee is therefore required to address all three of the requested variances. The options before the Committee would be to either approve or deny the requested variance for relief from the interior side yard setback. Absence of wording in the current decision cannot make the assumption that the decision was either approved or denied by the Committee. There are two potential decisions for the Committee as follows: 1. "It is recommended that the Committee of Adjustment approves in part Variance 2008-A-32, being to grant a front yard setback of 5.7 metres rather then the required 7.5 metres, and to increase the maximum height from 4.5 metres to 5.4 metres subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report so that: a) the detached garage be located no closer than 5.7 metres from the front lot line; 2 b) that the area of the detached garage be no larger than 67.6 in , and have a maximum height of 5.4 metres. 2. That the appropriate building pen-nit 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. It is further recommended that the Committee deny in part Variance 2008-A-32, being to grant an interior side yard setback of 1.0 metres rather than the required 2.0 metres for the proposed detached garage with a ground floor area of 67.6 m2 (728 ft). , 2. "It is recommended that the Committee of Adjustment approves Variance 2008-A-32, being to grant a front yard setback of 5.7 metres rather then the required 7.5 metres, to reduce the interior side yard setback to 1.0 metres rather than the required 2.0 metres, and to increase the maximum height from 4.5 metres to 5.4 metres subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report so that: a) the detached garage be located no closer than 5.7 metres from the front lot line; Z:� b) The detached garage be located no closer than 1.0 metres from the interior side lot line; and c) that the area of the detached garage be no larger than 67.6 m2, and have a maximum height of 5.4 metres. 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." On the basis of the above, staff recommend to the Committee that an amended decision for Minor Variance 2008-A-32 which address the requested relief from the front and interior side yard setbacks and the maximum height be given. Respectfully submitted, Andria Leigh, MCIP, RPP Director of Development Services