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09 18 2008 C of A Minutes TOWNSHIP OF ORO-MEDONTE . COMMITI"EE OF ADJUSTMENT MEETING MINUTES COUNCIL CHAMBERS DATE: THURSDAY, SEPTEMBER 18, 2008 TIME: 9:30 A. M. _ , ~~ Present: Michelle Lynch, Chair Garry Potter ~ ~~ ~~ ~% Lynda Aiken Rick Webster ' Bruce Chappell ~ ~ ~ l Staff present: Steve Farquharson, Secretary Treasurer/Intermediate Planner Andria Leigh, Director of Development Services Ryan Vandenberg, Planner Marie Brissette, Deputy Secretary TreasurerlCommittee Coordinator 1. OPENING OF MEETING BY THE CHAIR Michelle Lynch assumed the Chair and called the meeting to order. 2. ADOPTION OF AGENDA GA080918-01 Moved by Webster, Seconded by Aiken It is recommended by the Committee of Adjustment that the agenda for the meeting of Thursday, September 18, 2008 be received and adopted as amended to defer 5 d) Variance Application 2008-A-41, until September 34th, 2008 at 9:30 a.m. Carried. 3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" None. 4. MINUTES OF PREVIOUS MEETING a) Minutes of Committee of Adjustment Meeting of Thursday, August 21st, 2008. CA080918-02 Moved by Webster, Seconded by Chappell It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, August 21st, 2008 be adopted as presented. Carried. Committee of Adjustment Minutes -September 18, 200$ Page 1 5. PUBLIC MEETINGS a} Application: 2008-A-36 Applicant: Mike Vella Location: 1$44 Warminster Side Road, Plan 309, Part of dot 45 and 46 (Formerly Township of Medonte} Proposal: Proposing to construct a new roof on an existing dweNing which would further encroach into the required exterior side yard setback. Mr. Mike Vella was present. CA080918-03 Moved by Chappell, Seconded by Potter It is recommended that the Committee approve Variance Application 2Q08-A-36, subject to the following conditions: That the appropriate building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within fihe Planning Act R.S.O. 199Q, c.P. 13. 2. 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. Carried. Committee of Adjustment Minutes -September 18, 2008 Page 2 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 Uro) 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. Mr. Ugo Giammarco was present on behalf of the applicant. CAQ80918-04 Moved by Aiken, Seconded by Chappell It is recommended that the Committee approve Variance Applications 2048-A-37, 2008-38 and 2008-A-39, subject to the following conditions: 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.4. 1990, c.P. 13. 2. That a Site Plan Agreement be entered into to protect the closed canopy forest cover or 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. Carried. Committee of Adjustment Minutes -September 18, 2008 Page 3 c) Application: 2008-A-40 Applicant: Vincent and Maura Caruana Location: 1065 Lakeshore Rd. E., Plan 882, Lot 15& 16 (Formerly Township of ©ro) Proposal: Construct aone-storey boathouse with a gazebo attached to its roof, as well as a accessory building. Mr. Vincent Caruana and Mr. Emilio Ferrante, architect, were present. Mr. Rolf refuel expressed environmental and safety concerns. Mrs. Anne Hall Springle noted very little vegetation was left between the properties and that the proposa! would require for trees to be removed. Mr. Reimar Ratnik commented the proposal would be of benefit to the area. CA480918-05 Moved by Potter, Seconded by Chappell It is recommended that the Committee of Adjustment defers application 2008-A-40 and that the applicant meet al( Lake Simcoe Region Conservation Authority requirements, provide a tree vegetation and replacement plan, that a new site plan be submitted depicting the well prior to circulation. Carried. Committee of Adjustment Minutes -September 18, 2008 Page 4 d) Application: 2008-A-41 ~ _a Applicant: George and Heidi Caufin Location: 175 Lakeshore Road West, Lot 65, Concession 7 (Formerly Township of CJro} Proposal: Construct asingle-storey boathouse. The application was deferred until September 30t", 2008 at 9:30 a.m. No members of the public were present to speak to the application. Committee of Adjustment Minutes -September 18, 2008 Page 5 ;~ e} Application: 2008-A-42 Applicant: Marian Garnett Location: 3 Beach Raad, Plan 949, Lot 16 (t=ormerly Township of (~rillia} Proposal: Construct a single detached dwelling with an attached garage, Mr. Brack Garnett was present on behalf of the applicant. CAO$Q9113-06 Moved by Chappell, Seconded by Aiken It is recommended that the Committee of Adjustment approves Variance Application 2008-A- 42, being to grant a reduction for the minimum required first storey floor area from 90 square metres to 72 square metres, subject to the following conditions: 1. That the appropriate buHding 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.Q. 1990, c.P. 13. 2. That the existing dwelling an the property be removed prior to the issuance of a Building permit. Carried, Committee of Adjustment Minutes -September 18, 2008 Page 6 f) Application: 2008-8-19 Applicant: Lavin Wright and Caron Wilson Location: 14 Cahiague Raad, Lot 14, Concession 11 {Formerly Township of Medante) Proposal: Creation of a residential lot. Mr. Gavin Wright was present. CA08091$-07 Moved by Aiken, Seconded by Webster It is recommended that the Committee of Adjustment grant provisional consent to Application 2008-8-19 subject to the following conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Untario Land Surveyor be submitted to the Committee Secretary-Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the applicant pay $ 2,000.00 far the lot created as cash-in-lieu of a parkland contribution; 4. That all municipal taxes be paid to the Township of Qro-Medante; 5. 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 -September 18, 200$ Page 7 g} Application; 2408-8-38 Applicant: George Anderson Location: 1004 Line 14 North, Pt. Lot 9,West Pt Lat 10, Concession 14 (Formerly Township of Oro} Proposal: Boundary adjustment. Mr. George Anderson were present. CA48091$-08 Moved by Chappell, Seconded by Potter It is recommended that the Committee of Adjustment grant Provisional Consent to Application 2008-8-38 subject to the following conditions: 1. That three copies of a Reference Pian for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary-Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the severed lands be merged in title with 1265 Line 13 North and that the provisions of Subsection 3 or 5 of Section 50 of the Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Committee of Adjustment Minutes -September 18, 2008 Page 8 h} Application: 2008-B-39 Applicant: Indian Park Association Location: 15 Algonquin Trail, Plan M-8, Lot 2, Concession 6 (Formerly Township of C7ro) Proposal: Permit a lot addition. Mr. Ron (Rocky) Bolger was present on behalf of the applicant. CAQ$0918-09 Moved by Potter, Seconded by Webster It is recommended that the Committee of Adjustment grant Provisional Consent to Application 2008-8-39 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 zoned 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 Qntario 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. Carried. Committee of Adjustment Minutes -September 18, 2008 Page 9 i} Application: 2008-B-40 Applicant: Stuart and Shirley Woodrow Location: Part of Lot 20, Concession 7 (Formerly Township of Qra} Proposal: Boundary adjustment. Mr. Stuart and Mrs. Shirley Woodrow were present. CA08091 &10 Moved by Potter, Seconded by Chappell It is recommended that the Committee of Adjustment grant Provisional Consent to Application 2008-8-40 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 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, far review by the Municipality; 3. That the applicant's solicitor provides 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. Carried. Committee of Adjustment Minutes -September 18, 2008 Page 10 6. STAFF REPt3RTS None. 7. NEW BUSINESS a} Application - 2008-A-32 {Bell} CA080918-11 Moved by Patter, Seconded by Chappell It is recommended that the Cammittee 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 surrreylreal property report so that: a) the detached garage be located na closer than 5.7 metres from the front lot Ime; b} that the area of the detached garage be na larger than 67.6 mz, 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. It is further recommended that the Cammittee 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 m~ {728 ftz}. Carried. b} OMB Appeal - 2007-A-18 {Spasav) Verbal information received. c} 2009 Calendar Schedule received. Committee of Adjustment Minutes -September 18, 2008 Page 11 8. ADJ4URNMENI CA0+30918-12 Moved by Chappell, Seconded by Webster it is recommended that we do now adjourn at 12:27 p.m. until 9:301 a.m., Tuesday, September 30tH 2008 or at the call of the Chair. Carried. ` ; y--- Michelle Lynch, .Chair Steven Farquharson, Secretary Treasurer Committee of Adjustment Minutes -September 18, 2008 Page 12