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01 29 2009 C of A Minutesi i TOWNSHIP OF ORO-MEDONTE `~ I ~ ~ ~ COMMITTEE OF ADJUSTMENT MEETING MINUTES ~ ~' ~ °~ COUNCIL CHAMBERS _~ _ DATE: THURSDAY, JANUARY 29, 2009 TIME: 9:35 A.M. Present: Michelle Lynch, Chair -left at 1:49 p.m. Garry Potter Lynda Aiken Rick Webster Bruce Chappell Staff present: Steve Farquharson, Secretary Treasurer/Intermediate Planner Ryan Vandenburg, Planner Andria Leigh, Director of Development Services Marie Brissette, Deputy Secretary TreasurerlCammittee Coordinator 1. OPENING OF MEETING BY THE CHAIR Michelle Lynch assumed the Chair and called the meeting to order. 2. ADOPTION OF AGENDA CA090129-01 Moved by Chappell, Seconded by Potter It is recommended by the Committee of Adjustment that the agenda for the meeting of Thursday, January 29, 2009 be received and adopted as amended to add 7a) Appointment of 2009 Chair. 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, November 20, 2008. CA090129-02 Moved by Aiken, Seconded by Chappell It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, November 20, 2008 be adopted as presented. Carried. Committee of Adjustment Minutes -January 29, 2049 Page i 5. PUBLIC MEETINGS a) Application: 2008-8-22 Applicant: ion Johnstone Location: 274 Line 11 South, Part of Lot 22, Concession 10 Proposal: Boundary adjustment to facilitate a proposed lot transposition. Mr. lan Johnstone was present. CAQ90129-03 Moved by Chappell, Seconded by Webster --i r_r It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2008-8-22, being to permit a boundary adjustment to facilitate a proposed lot transposition, 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 flntaria 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 existing lot at the northwest corner be merged in title with 274 Line 9 South 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 including an undertaking from the applicants solicitor to this effect; 4. That the applicant apply and obtain a Holding Provision be placed on the subject lands as requested by the LSRCA. 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 -January 29, 2009 Page 2 b} Application: 2008-A-44 Applicant: Robert and Renee Brennan Location: 763 Line 9 South, Part 1, Part of Black X, Goncessian ~ Proposal: Relief from setbacks far dwelling and deck. Mr. Robert Brennan was present. CAQ90129-04 Moved by Patter, Seconded by Aiken It is recommended that the Gammittee of Adjustment approves Variance Application 2008-A-44, being to reduce setbacks from the limits of an Environmental Protection Zane and from a watercourse, far a dwelling and a deck to 0 meters, subject to the following conditions: 1. That the appropriate building permit far the detached deck 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 setbacks of the dwelling and deck be in conformity with the sketches submitted with the application and approved by the Committee; 3. That the applicants obtain the necessary permits from the Lake Simcoe Region Canservatian Authority, if required. Carried. Committee of Adjustment Minutes -January 29, 2009 Page 3 v) Applivatian: 20{78-B-47, 2008-B-48 Applivan#: Indian Park Assoviation Lovation: 143 Huron Woods Drive, Block B, Plan M-30 Proposal: Creation of two new residential tats. Ms. Meghan Keelan, Planner from MHBC, was present an behalf of the applivant. GAQ90129-05 Moved by Aiken, Seconded by Chappell It is recommended that the Committee of Adjustment grants provisional approval to Consent Applivatian 2008-B-47, being to vreate a new residential lot having a frontage on Huron Woods Drive of 80.5 metres, and a lot area of 0.5 hevtares, and that Committee of Adjustment grant provisional approval to Consent Applivation 2008-8-48, being to vreate a new residential lot having a frontage on Huron Woods Drive of 98.8 metres, and a lot area of 0.5 hevtares, subjevt to the following conditions for each application: 1. That three copies of a Reference Plan of the subjevt lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; 2. That the applicant's solicitor prepare and submit a vapy of the proposed conveyance far the parcel severed, far review by the Municipality; 3. That the applicant pay $ 2,000.00 for eavh lot created as cash-in-lieu of a parkland contribution; 4. That all municipal taxes be paid to the Township of Ora-Medonte; 5. That the applivant apply for and obtain a re-zoning, including a Hold provision on the severed land to accurately reflect the proposed residential land use; 6. That the conditions of vonsent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Committee of Adjustment Minutes -January 29> 2009 Page 4 d} Application: 2008-8-52 f Applicant: Indian Park Association Location: Adjacent to 80 Huron Woods Chive, Part of Block C, Plan M-9 Proposal: Lot additionlboundary adjustment. No one was present to represent the application. CA09tI129-Qfi Moved by Potter, Seconded by Webster It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2008-8-52, being to convey a strip of land having a frontage of approximately 79.7 metres on Huronwoods Drive and an area of approximately 0.26 hectares to the land adjacent being 80 Huronwoods Drive be subject to the following conditions: 1. That three copies of a Re#erence 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 severed lands be merged in title with 80 Huronwoods Drive and that the provisions of Subsection 3 ar 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. 6. That the applicant apply for a rezoning to R1 Exception 113. Carried. Committee of Adjustment Minutes -January 29, 2009 Page 5 e) Application: 2008-8-53 Applicant: Indian Park Association location: Adjacent to 17 Algonquin Trail, Block D, Plan M-8 Proposal: lot addition/boundary adjustment. Ms. Kelly Beauparlant was present on behalf of the applicant. CA090129-07 - as amended by CA09p129-08 Moved by Aiken, Seconded by Webster.... It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2048-8-53, being to convey a strip of land having a frontage of approximately 22.8 metres on Algonquin Trail and a depth of approximately 73 metres, and an area of 4.16 hectares to the land adjacent being 17 Algonquin Trail 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 severed lands be merged in title with 17 Algonquin Trail 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. Tha# 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 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. 6. That the applicant apply for a rezoning of the property to R1 Exception 113. Carried. CA09Q129-A8 Moved by Patter, Seconded by Webster It is recommended that the motion being considered be amended to include condition 6. That the applicant apply for a rezoning of the property to R1 Exception 113. Carried. Committee of Adjustment Minutes -January 29, 2009 Page 6 ~,. o ~L ", f} Applivation: 2008-e-5o } Applicant: Janice Weiss and Mark Zarnett !-ovation: 135 Eight Mile Point Drive and 2 McLean Crescent Proposal: Technical severance to recreate a lot which once existed as a separate parcel of land. Ms. Rebecca Fisch, agent, was present on behalf of the applicants. CA090129-09 as amended by CA09o129-10 Moved by Chappell, Seeanded by Aiken It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2008-8-50, being a tevhnival severanve to recreate a lot whivh anus existed as a separate parvel of land, with the lands proposed to be severed having a lot frontage along McLean Crescent of approximately 36.5 metres (119 feet}, a lot depth of approximately 69 metres (226 feet} and a lot area of 0.16 hectares (0.40 ayes}, currently contains a boathouse. Furthermore, the lands to be retained having a frontage along Eight Mile Point Drive and MvLean Crescent of approximately 47.3 metres (155 feet}, a lot depth of approximately 69 metres (226 feet}, and a lot area of 0.25 hevtares (0.62 ayes} and currently contain a dwelling and various outbuildings, 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 Qntario Land Surveyor be submitted to the Secretary-Treasurer; 2. That the applivants' solicitor prepares and submits a copy of the proposed conveyance far the parcel severed, far review by the Munivipality. Furthermore, the legal description of the severed lot be identical to that contained in the original deed -and must be so designated an a Reference Plan to be provided by the Applicant; 3. Applicant to verify that sewage system on the retained lands meets minimum required setbacks as per Part 8 of the flntaria Building Cade; 4. That the vonditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. cao9o~ 2s-~ o Moved by Chappell, Seconded by Aiken It is recommended that the motion being considered be amended to invlude "an the retained lands" after "sewage system" in condition 3. Carried. Committee of Adjustment Minutes -January 29, 2009 Page 7 .~ g} Application: 2008-8-51 Applicant: James and Corine Cray Location: 2815 Line ~ North, Lot 5, Concession 5 Proposal: Creation of a new residential lot. Mr. James Cray and Mrs. Corine Cray were present. CA094129-11 Moved by Chappell, Seconded by Aiken It is recommended that Committee of Adjustment grant provisional approval to Consent Application 2008-B-51, being to sever a lot with an area of 1.0 hectare from 2815 Line 4 North, 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 Qntario 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 all municipal taxes be paid to the Township of Oro-Medante; 4. That the applicant pay $ 2,000.00 for the lot created as cash-in-lieu of a parkland contribution; 5. That the maximum total lot area for the new lot be no greater than 1 hectare; 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 -January 29, 2009 Page 8 h) Application: 2009-8-01, 2009-8.02, 2009-8-02 Applicant: Weatherwise Aviation Location: 224 Line 7 North, Part of Lot 19, Concession 7, being Parts 2,3,4, and 5 of Plan 51 R-31319 Proposal: Technical severance to recreate lots, which once existed as separate parcels of land. Ms. Adelit Maidenberg was present on behalf of the applicant. CA09U129-12 Moved by Potter, Seconded by Webster It is recommended that Committee of Adjustment grants provisional approval to Consent application 2009-8-01, 2009-8-02 and 2009-B-03 to recreate Parts 2, 3, 4 and Part 5 of Plan 51 R- 31319, each having an area of 0.4 hectare, 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 applicants' solicitor prepares and submits a copy of the proposed conveyance for the parcel severed, far review by the Municipality. Furthermore, the legal description of the severed lot be identical to that contained in the original deed -and must be so designated on a Reference Plan to be provided by the Applicant; 3. 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 -January 29, 2Q09 Page 9 +:.~ 4f ~ ` i} Application: 2008-A-50 Applicant: Stephen Crawford and Nora Hoyer location: 63 Stanley Avenue, Lot 30 and 112, Plan 626 Proposal: Relief from minimum required rear yard setback. Mr. Stephen Crawford was present. CA094129-13 Moved by Aiken, Seconded by Webster It is recommended that Committee of Adjustment approves Variance Application 2006-A-50, being far relief from the Minimum Required Rear Yard setback of 628 metres to 5.91 metres construct a 10.13 m~ addition to their dwellings rear deck, subject to the following conditions: 1. That the size and setbacks of the proposed deck addition be in conformity 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 by verifying in writing that the attached deck be located no closer than 5.91 metres from the rear lot line; 3. That the appropriate zoning certificate and 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.U. 1990, c.P. 13. Carried. Committee of Ad}"ustment Minutes -January 29, 2009 Page 10 j} Application: 2008-A-51 Applicant: Mike Gannon Location: 6 Catherine Street, West Part of Lot 1, Concession 13, Part 1 Proposal: Relief from maximum height for accessory structures and maximum floor area. Mr. Mike Gannon was present. Correspondence from Tina Tanzi, was noted as received. Mrs. Theresa Abreau noted the proposal was for commercial rather than residential use and expressed concerns over the potential of the tree buffer being removed. Mr. Rich Foshay noted the request for relief for size was not considered minor, that the proposal would be invasive in a residential neighbourhood, and that the use would be commercial rather than residential. Mr. Doug Brock noted that the proposal would be beneficial as Mr. Gannon's tools and equipment would be kept indoors and out of site. CA090129-14 Moved by Chappell, Seconded by Aiken It is recommended that Gommittee of Adjustment approves Variance Application 2008-A-51, being to a request for relief from the Maximum Height for Accessory Structures from the required 4.5 metres to 5.13 metres and relief from Maximum Floor Area 70 sq. m. to the 162.58 sq m. subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying in writing that the accessory structure does not exceed 5.13 metres from the average grade to the midpoint of the roof, and the floor area does not exceed 162.58 square metres; 2. Notwithstanding Section 5.1.4 and Section 5.1.6 of Zoning By-law 97-95, that the detached accessory building meet with ail other provisions for detached accessory buildings; 3. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding. Defeated. GA090129-15 Moved by Potter, Seconded by Chappell It is recommended that Committee of Adjustment defers Application 2008-A-51 until the applicant provides a detailed site plan and elevation drawings. Carried. Cammittee of Adjustment Minutes -January 29, 2009 Page 11 -~~. Michelle Lynch, Chair, left the meeting the meeting at 1:49 p.m. Mr. Rick Webster assumed the Chair. k) Application: 2048-A-52 Applicant: Mark Stephenson and Laurie Wilson Location: 10 Slalom Drive, Lot 26, Plan 1650 ProposaL• Relief from minimum required interior side yard setback. Mr. Mark Stephenson and Ms. Laurie Wilson were present. caoso~ zs-~ s Moved by Chappell, Seconded by Aiken It is recommended that the Committee approve Minor Variance 2008-A-52, being to grant a reduction for the south interior side yard setback from the required 4.5 metres to 3.5 metres, far the construction of an addition 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 and sketches submitted and approved by the Committee; 2. That the appropriate zoning certificate and 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. 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 addition does not exceed 3.5 metres to the south interior side lot line. Carried. Committee of Adjustment Minutes -January 29, 2009 Page 12 I} Application: 2009-A-01 {Revision to 2008-A-42} ~ ~ -~ Applicant: Marion Garnett Location: 3 Beach Road, Lot 16, Plan 949 Proposal: Relief Pram minimum setback to Bass Lake. Mr. Brack Wallace was present on behalf of the applicant. CA09U129-1 ? Maned by Potter, Seconded by Chappell It is recommended that the Committee approve Variance Application 2009-A-01 subject to the following conditions: 1. That the size and setbacks of the proposed dwelling and deck be in conformity 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 14.15 metres from the average high water mark of Bass Lake; 3. That the appropriate zoning certificate and 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 applicant meet all requirements set out to them by the Nottawasaga Valley Conservation Authority, if applicable. Carried. Committee of Adjustment Minu#es -January 29, 2049 Page 13 m} Application: 2009•A-02 Applicant: Margaret Kavanah ' ~ '~ ._ ,_ Location: 20 Parkview Avenue, Lot 26 & 27, Concession 5, Plan 709 = Proposal: Relief from minimum required front yard. Ms. Margaret Kavanah was present. CAQ9Q129-18 Moved by Aiken, Seconded by Chappell It is recommended that the Committee approve Minor Variance 2009-A-02, being to grant a reduction for the front yard setback from the required 7.5 metres to 4.5 metres, for the construction of a single family dwelling, subject to the following conditions: 1. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 2. That the appropriate zoning certificate and 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.Q. 1990, c.P. 13. 3. That an Ontario Land Surveyor provides verification to the Township of compliance with the Committee's decision by verifying in writing that the proposed dwelling does not exceed 4.5 metres to the front lot line. Carried. Committee of Adjustment Minutes -January 29, 2009 Page 14 n) Application: 2009-A-03 ~ ~ J Applicant: Powell - Location: 2683 Lakeshore Rd. E., Lot 9, Plan 680 Proposal: Relief from Non-Complying BuildingslStructures. Mr. Allan Powell and Mrs. Hilary Powell were present. CA090129-19 Moved by Potter, Seconded by Chappell It is recommended that the Committee Approve Variance application 2009-A-03 subject to the following conditions: 1. Tha# 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 the addition be no closer than 1.03 metres to the west interior side lot line; 2. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 3. That the applicant meet all requirements set out to them by the Lake Simcoe Region Conservation Authority 4. That the appropriate zoning certificate and building permit be obtained from the Township's Chief Building Qfficial only after the Committee's decision becomes final and binding, as provided far within the Planning Act R.S.O. 1990, c.P. 13. Carried. Committee of Adjustment Minutes -January 29, 2009 Page 15 ~/ 6. STAFF REPCIRTS . a) Minutes from the October 30, 2008 meeting, OMEGA Habitat Working Group, re: Tree Preservation By-law. GA090129-20 Moved by Chappell, Seconded by Aiken It is recommended that the Minutes from the October 30, 2008 meeting, OMEGA Habitat Working Group, re: Tree Preservation By-law, be received. Carried. ?. NEW BUSINESS a) Appointment of 2009 Chair. GA090129-2i Moved by Chappell, Seconded by Aiken It is recommended that the Gommittee of Adjustment appoint Michelle Lynch as Chair for 2009. Carried. CA090129-22 Moved by Aiken, Seconded by Lynch It is recommended that the Committee of Adjustment appoint Rick Webster as Co-Chair for 2009. Carried. S. ADJOURNMENT GA090129-23 Moved by Chappell, Seconded by Aiken It is recommended that we do now adjourn at 2:32 p.m. unti19:30 a.m., Thursday, February 19, 2009, or at the call of the Chair. Carried. °.~ ~ ~~ Michelle Lynch, Chair Stever~rquharson, Secretary Treasurer Committee of Adjustment Minutes -January 29, 2009 Page 16