08 21 2008 C of A MinutesTOWNSHIP OF ORO-MEDONTE
COMMITTEE OF ADJUSTMENT MEETING MINUTES
COUNCIL CHAMBERS
DATE: THURSDAY, AUGUST 2fi, 2008 TIME: 9:40 A.N
Present: Michelle Lynch, Chair
Garry Potter
Lynda Aiken
Rick Webster
Bruce Chappell
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Staff present: Steve Farquharson, Secretary Treasurer/intermediate Planner
Andria Leigh, Director of Development Services
Ryan Vandenburg, Planner
Marie Brissette, Deputy Secretary TreasurerlCommittee Ca-ordinator
1. OPENING OF MEETING BY THE GHAIR
Michelle Lynch assumed the Chair and called the meeting to order.
2. ADOPTION OF AGENQA
CA080821-Ofi
Moved by Aiken, Seconded by Chappell
It is recommended by the Cammittee of Adjustment that the agenda for the meeting of
Thursday, August 21St, 2008 be received and adapted as amended to include under Section
7. OMB Appea! - Oldfield.
Carried.
3. "DISC<_OSURE OF PECUNIARY INTEREST AND THE GENERAL. NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
None.
4. MINUTES OF PREVIOUS MEETING
a) Minutes of Committee of Adjustment Meeting of July 17, 2008.
CA08082fi -02
Moved by Webster, Seconded by Chappell
It is recommended that the minutes of the Cammittee of Adjustment meeting of Thursday,
July 17t", 2008 be adopted as presented.
Carried.
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Committee of Adjustment Minutes -August 21, 2008
Page 1
5. PUBt~IC MEETINGS
a) Application: 20Q7-A-18
Applicant: Mary T. Spasov
Location: 245 Shoreline Drive, Plan 864, Lot 4 (Formerly Township of (Jro)
Proposal: Setback for deck being within high water mark setback
Mike Spasov was present on behalf of the applicant.
Elizabeth and Lorne Allen expressed concerns regarding the proposal to be on Federal Lands
footings in the water and the existing structure to be too close to the water.
Two pieces of correspondence were received. The authors of the first wished to remain
anonymous and the second was signed by Bruce and Val Gillespie.
CAO$0821-03
Moved by Chappell, Seconded by Potter
It is recommended that the Committee of Adjustment deny application 20Q7-A-18 based on the
application not conforming with the Zoning By-law or Official Plan.
Carried.
Committee of Adjustment Minutes -August 21, 2008
Page 2
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b) Application: 2008-8-35 r
Applicant: Indian Park Association
Location: 123 Huronwoods Drive, Plan M30, Lot 32 (Formerly Township of Oro)
Proposal: Lot addition
Jennifer Valentine was present on behalf of the applicant.
CA08fJ821-0~
Moved by Aiken, Seconded by Webster
It is recommended that the Committee of Adjustment approves Application 2008-8-35 being to
convey a strip of land having a frontage of approximately 15 metres on Huronwoods Drive, a
depth of approximately 100 metres, and an area of 0.15 hectares to the land adjacent being
123 Huronwoods Drive, subject to the following conditions:
1. That three copies of a Reference Plan far the subject land indicating the severed parcel
be prepared by an Ontario Land Surveyor be submitted to the Secretary-Treasurer;
2. That the severed lands be merged in title with 123 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;
3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for
the parcel severed for review by the Municipality;
4. That the applicant's solicitor provide an undertaking that the severed lands and the
lands to be enhanced will merge in title;
5. That the conditions of consent imposed by the Committee be fulfilled within one year
from the date of the giving of the notice.
Carried.
Committee of Adjustment Minutes -August 21, 2008
Page 3
c) Application: 20fl8-B-36
Applicant: Michael Winacatt and Sherri Belair
Lavation: 374 Woodland Drive, Con. 2 East, Part bot 15 (Formerly Township of Orillia)
Proposal: Increase existing property sire
Michael Winacott was present.
CA080$21-05
Moved by Aiken, Seconded by Chappell
It is recommended that the Committee of Adjustment approves Application 2008-8-36 to
convey a strip of land having a frontage of 71.7 metres an Woodland Drive, and a depth of
approximately 45 metres and an area of 0.47 hectares to the land adjacent being 374
Woodland Drive, and subject to the following conditions:
1. That three copies of a Reference Plan far the subject land indicating the severed parcel
be prepared by an Ontario Land Surveyor be submitted to the Secretary-Treasurer;
2. That the severed (ands be merged in title with 374 Woodland 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;
3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance far
the parcel severed, far review by the Municipality;
4. That the applicant's solicitor provide an undertaking that the severed lands and the lands
to be enhanced will merge in title;
5. That applicable permits be obtained from the bake Simcoe Region Conservation
Authority;
6. That the conditions of consent imposed by the Committee be fulfilled within one year
from the date of the giving of the native.
Carried.
Committee of Adjustment Minutes -August 21, 2008
Page 4
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d) Application: 2008-B-37
Applicant: Michael Winacatt
~ocatian: 400 Woodland Drive, Can
Proposal: Boundary adjustment
Michael Winacatt was present.
2 East, Part Lot 15 (Formerly Township of Orillia)
CA080$21-06
Moved by Aiken, Seconded by Patter
It is recommended that the Committee of Ad}'ustment approves Application 2008-B-37 to
convey a strip of land having a frontage of 466 metres an Woodland Drive, and a depth of
approximately 665 metres to the midpoint of the property, an area of 43 hectares, to the land
adjacent land to the east having frontage an Woodland Drive, subject to the following
conditions;
1. That three copies of a Reference Plan far the subject land indicating the severed parcel
be prepared by an Ontario Land Surveyor be submitted to the Secretary-Treasurer;
2. That the severed lands from 400 Woodland Drive be merged in title with the enhanced
lot and that the provisions of Subsection 3 ar 5 of Section 50 of the Planning Act apply
to any subsequent conveyance or transaction involving the subject lands;
3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for
the parcel severed, for review by the Municipality;
4. That the applicant's solicitor provide an undertaking that the severed lands and the
lands to be enhanced will merge in title;
5. That applicable permits be obtained from the take Simcoe Region Conservation
Authority;
6. That the conditions of consent imposed by the Committee be fulfilled within one year
from the date of the giving of the notice.
Carried,
Committee of Adjustment Minutes -August 21, 2008
Page 5
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e) Application: 2908-A-13 ~ ~.
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Applicant: Norman and Debra Pirtovshek
Location: $9 Lakeshore Road West, Plan 755, Lots 27 and 28, (Formerly
Township of Oro)
Proposal: Construct an attached garage, deck and laundry room
Norman Pirtovshek was present,
CA080$21-07
Moved by Potter, Seconded by Chappell
It is recommended that the Committee of Adjustment approves Variance Application 2008-A-
13subject to the following conditions:
1. The proposed addition shall be setback no closer than 1.95 metres from the west
interior side lot line;
2. That the setbacks be in conformity with the dimensions as set out on the application
submitted and approved by the Committee;
3. That the applicant obtain any required permits} from the Lake Simcoe Region
Conservation Authority;
4. That an Ontario Land Surveyor provide verification to the Township of compliance with
the Committee's decision by 1 } pinning the footing and 2) verifying in writing prior to
pouring of the foundation by way of surveylreal property report;
5. That a lot grading and drainage plan be prepared, for review and approval to the
satisfaction of the Township;
6. 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.
Carried.
Committee of Adjustment Minutes -August 21, 2008
Page 6
f} Application: 2008-A-24
Applicant: John Esteireiro
Location: 2713 Lakeshore Road East, Con. 14, Part Lots 20 and 21, (Formerly
Township of Oro)
Proposal: Construct a one and half storey single family
Nicholas Popovich was present on behalf of the applicant.
CAO$0821-08
Moved by Webster, Seconded by Chappell
It is recommended that the Committee of Adjustment approves Variance Application 23(}8-A-
24 subject to the fallowing conditions:
1. That the size and setbacks of the proposed dwelling be in con#ormity with the sketches
submitted with the application and approved by the Committee;
2. That an Ontario Land Surveyor provide verification to the Township of compliance with the
Committee's decision by 1 }pinning the footing and 2} verifying in writing prior to pouring of
the foundation so that:
i. The dwelling including the attached deck be located no closer than 17.5 metres (57.4
feet} from the average high water mark of Lake Simcoe;
ii. The dwelling including the attached deck be located no closer than 7.5 metres (24.6
feet} from the top of bank of the water course;
3. That the appropriate building permit be obtained from the Township only after the
Committee's decision becomes final and binding, as provided for within the Planning Act
R.S.O. 1990, c.P. 13.;
4. That the applicants obtain approval from the Lake Simcoe Region Conservation Authority
under the Conservation Authorities Act.
Carried.
Committee of Adjustment Minutes -August 21, 200$
Page 7
g) Application: 2008-A-31
Applicant: James and Darlene Connick
Location: 9 Richelieu Road, Plan M92, Lot 4 (Formerly Township of Medonte}
Proposal: Reduce interior side yard
Darlene Connick was present.
CA080821-09
Moved by Potter, Seconded by Aiken
It is recommended that the Committee of Adjustment approves Variance 2008-A-31, being to
grant a reduction for the north interior side yard setback from the required 2.5 metres to 1,46
metres, for the construction of an attached garage to the existing dwelling, subject to the
following conditions:
1. That the setbacks be in conformity with the dimensions as set out on the application
submitted and approved by the Committee;
2. That the appropriate building permit be obtained from the Townsh'ip'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.
3. That an Ontario Land Surveyor provide verification to the Township of compliance with the
Committee's decision by verifying in writing that the proposed garage does not exceed
1.46 metres to the north interior side lot line.
Carried.
Committee of Adjustment Minutes -August 21, 200$
Page 8
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h} Application: 2008-A-32
Applicant: John Bell
Location: 143 Bay Street, Plan 636, West Part Block B (Formerly Township of Oro)
Proposal: Reduce interior and front yard setback, and increase maximum height
John Bell was present.
Tim Graaks requested that the two (2) metre setback from the side lot line not be granted and
provided the Committee with a written outline of his concerns.
CA080821-10
Moved by Potter, Seconded by Webster
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 surveylreal 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 m~, and have a
maximum height of 5.4 metres,
2. That the appropriate building permit be obtained Pram the Township's Chief Building
Official only after the Committee's decision becomes final and binding, as provided for
within the Planning Act R.S.O. 1990, c. P. 13.
Carried.
Committee of Adjustment Minutes -August 21, 2008
Page 9
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i) Application: 2008-A-33
Applicant: Gaylene Nallyburton
Location: 195 Scarlett Line, Con. 2, Lot 57, (Formerly Township of Medonte}
Proposal: Construct a detached accessory structure
Gaylene Nallyburton was present.
Letters in support of the application were received from K & T Bland and John and Wanda
Tomlinson.
CA080$21-11
Moved by Aiken, Seconded by Chappell
It is recommended that the Committee of Adjustment approves Variance Application 2008-A-
33 subject to the following conditions:
1. That the height of the detached garage not exceed 6.2 metres;
2. That the setbacks be in conformity with the dimensions as set out in the application
submitted with the application and approved by the Committee;
3. That an Ontario Land Surveyor provide verification to the Township of compliance with the
Committee's decision by verifying in writing that the height of the detached garage not
exceed 6.2 metres;
4. That the appropriate building permit be obtained from the Township's Chief Building
(Jfficial only after the Committee's decision becomes final and binding, as provided far
within the Planning Act R.5.0. 1990, c.P. 13.
Carried.
Committee of Adjustment Minutes -August 21, 2008
Page 10
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j} Application: 2008-A-34
Applicant: Joseph and Nelly Lane
Location: 85 Maon Paint Drive, Pian 920, Lat 25 (Formerly Township of Orillia}
Proposal: Front yard setback
Joseph and Nelly Lane were present.
CA080821-12
Moved by Webster, Seconded by Patter
It is recommended that Committee of Adjustment approves Variance Application 2008-A-34,
being to recognize the stairs used to access the existing dwelling, having a minimum front yard
setback of 5.9 metres subject to the fallowing conditions:
1. That an Ontario Land Surveyor provide verification to the Township of compliance with
the Committee's decision by 1 }pinning the footing and 2} verifying in writing prior to
pouring of the foundation by way of survey/real property report so that the stairs be
located no closer than 5.9 metres from the front lot line;
2. 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.C}. 1990, c.P. 13.
Carried.
Committee of Adjustment Minutes -August 21, 2008
Page 11
k} Application: 2008-A-35 ~ ` "~`
Applicant: Warren and Barbara Ryckman
Location: 298 Line 11 South, Con. 11, Lot 5 (Formerly Township of Oro)
Proposal: Increase floor area in a required yard
Warren Ryckman was present.
Joyce Fletcher and Paul Hutchinson expressed concerns aver loss of privacy and sunlight,
potential removal of buffer zone and that the proposal would allow a direct sight line into their
master bedroom and ensuite and provided the Committee with a written outline of these
concerns.
Member Patter requested a recorded vote.
CA084$21-13
Moved by Webster, Seconded by Aiken
It is recommended that the Committee of Adjustment approves Variance application 2008-A-35
subject to the following conditions:
1. That an Ontario Land Surveyor provide verification to the Township of compliance with
the Committee's decision by a) pinning the footing and b) verifying in writing that:
a. the addition and deck be no closer than 1.3 metres to the north interior side lot
line;
b. that the maximum height of the proposed addition not exceed 6.7 metres from
ground lave! to peak of the addition.
2. That the appropriate building permit be obtained from the Township only after the
Committee's decision becomes final and binding, as provided far within the Planning Act
R.S.O. 1990, c.P. 13.
Member Webster Yea
Member Aiken Yea
Member Potter Nay
Member Chappell Yea
Carried.
Committee of Adjustment Minutes -August 21, 2008
Page 12
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6. STAFF REPORTS
None.
7. NEW BUSINESS
a) QMB Appeal - ~Idfield.
Verbal information received.
$. ADJOURNMENT
CA084821-14
Moved by Aiken, Seconded by Potter
It is recommended that we do now adjourn at 1:40 p.m. until 9:30 a.m., Thursday, September
18t'', 2008 or at the call of the Chair.
Carried.
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Michelle Lynch, Ghair Steven Farquharson, Secretary Treasurer
Committee of Adjustment Minutes -August 21, 2008
Page 13