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11 20 2008 C of A Minutes1 TOWNSHIP OF ORO-MEDONTE ` ..~ `~ '§ COMMITTEE OF ADJUSTMENT MEETING MINUTES COUNCIL CHAMBERS -DATE: THURSDAY, NOVEMBER 20, 2008 TIME: 9.30 A.M. Present: Michelle lynch, Chair Garry Patter -arrived at 9:34 a.m. Lynda Aiken Rick Webster Bruce Chappell Staff present: Steve Farquharson, Secretary Treasurer/intermediate Planner Ryan Vandenberg, Planner Andria Leigh, Director of Development Services Marie Brissette, Deputy Secretary Treasurer/Committee Coordinator 1. OPENING OF MEETING BY THE CHAIR Michelle Lynch assumed the Chair and called the meeting to order. 2. ADOPTION OF AGENDA CAO$1120-01 Moved by Aiken, Seconded by Chappell It is recommended by the Committee of Adjustment that the agenda far the meeting of Thursday, November 20, 2008 be received and adopted as amended to add 7b) December Meeting. Carried. 3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" None. 4. MINUTES OF PREVIOUS MEETING a) Minutes of Committee of Adjustment Meeting of Thursday, October 16, 2008. CA081120-02 Moved by Chappell, Seconded by Webster It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, October 16, 2008 be adopted as presented. Carried. Committee of Adjustment Minutes -November 20, 200$ Page t 5. PUBIC MEETINGS ti,~:. a} Application: 2008-A-41 Applicant: George and Heidi Caufin Location: 175 Lakeshore Road West, Lot 65, Concession 7 (Formerly Township of Uro) Proposal: Relief from Maximum height for a Boathouse Mr. George Caufin and Mrs. Heidi Caufin were present. CA081120-03 Moved by Chappell, Seconded by A'rken It is recommended that the Committee of Adjustment approves Miner Variance 2008-A-41 subject to the following conditions: 1. That the maximum height of the proposed boathouse not exceed 5.7 metres; 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.U. 1990, C.P. 13.; 3. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by pinning the footing and verifying in writing prior to pouring of the foundation so that the boathouse not exceed a maximum height of 5.7 metres from the average high water mark; 4. That the applicants obtain approval from the Lake Simcoe Region Conservation Authority under the Conservation Authorities Act; 5. That the 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. Carried. Committee of Adjustment Minutes -November 20, 2008 Page 2 b) Application: 2008-A-40 ~' Applicant: Vincent and Mauro Caruana Location: 1065 Lakeshore Rd. E., Lots 15& 16, Plan 882 (Formerly Township of Oro) Proposal; Relief from Interior Side Yard Setback for an Accessary Building Mr. Rob Phillipps was present on behalf pfi the applicants. CAQ81120-Q4 Moved by Patter, Seconded by Webster It is recommended that the Committee denies Variance Application 2008-A-40 on the basis that: 1. the application does not conform to the general intent of the Township's Official Plan; 2. the application does not conform to the general intent of the Township's Zoning By-law; 3. the request is not considered minor; and 4. the proposal is not considered appropriate development, use of land, building ar structure. Defeated. CA081120-05 Maned by Aiken, Seconded by Chappell It is recommended that the Committee of Adjustment approves Variance Application 2008-A-40, to permit the construction of an accessory building located 1.0 metre from the west interior side lat line, 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 accessary structure (storage shed) be setback no Glaser than 1.0 metre from the east side lat line; 2. Notwithstanding Section 5.1.3 (d) of Zoning By-law 97-95, that the detached accessary building meet with all other provisions for detached accessary buildings; 3. That the Applicant meet all requirements set out to them by the Lake Simcoe Region Conservation Authority; 4. That the appropriate coning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding. Carried. Committee of Adjustment Minutes -November 20, 2oa8 Page 3 `~~ ~~ c} Application: 2008-A-49 , Applicant: Gray Car Development CorparatianlAndrew Ralph Location: 1045 Lakeshore Rd. E., Lot 4, Plan 882 (Formerly Township Of Ura} Proposal: Relief from Minimum Required Interior Side Yard Setback for Addition to Dwelling Mr. Andrew Ralph was present. CA081120-06 Moved by Aiken, Seconded by Chappell It is recommended that the Committee approves Minor Variance 2008-A-49, being to grant a reduction for the east interior side yard setback from the required 3 metres to 1.46 metres, for 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 cerkificate 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 the Applicant meet all requirements set out to them by the Lake Simeoe Region Conservation Authority; 4. 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 1.46 metres to the east interior side lot line. Carried. Committee of Adjustment Minutes -November 20, 2008 Page 4 d) Application: 2406-8-16 ~ •' w Applicant: John & Dorothy Howard Location: 4182 tine 10 N, Concession 10, East Part Lot 7, West Park k_ot 6 (Formerly Township of Medonte) Proposal: Technical severance to create a new lot, which once existed as a separate parcel of land Mr. Tiziano Zaghi, Planner with Jones Consulting, was present on behal# of the applicants. CA081120-07 Moved by Chappell, Seconded by Webster It is recommended that the Committee grant Provisional Consent to Application 2006-8-16 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 applican#s' solicitor prepares and submits a copy of the proposed conveyance for the parcel severed, for review by the Municipality. Furthermore, the legal description of the severed lot be identical to that contained in the original deed - "The Northeast Quarter, Lot 7, Concession 10 (formerly Township of Medonte), now Township of C}ro-Medonte, containing fifty {54) acres" 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 -November 20, 2008 Page 5 e} Application: 2008-8-46 _ Applicant: Mary Georgina Robertson Location: 1404 Line 12 North, Lot 10, Concession 12 {Formerly the Township of Oro} Proposal: Lot addition/boundary adjustment Mr. Robert Wallace and Mrs. Ann WaNace were present on behalf of the applicant. CAO$1120-08 Moved by Potter, Seconded by Chappell It is recommended that the Committee grant Provisional Consent to Application 2008-8-46 to convey a parcel of land having a frontage of 6.10 metres on Old Barrie Road, a depth of approximately 157 metres and an area of approximately 0.51 hectares to the adjacent lands {also owned by the applicant} subject to the faNowing conditions: 1. That the conveyed lands be rezoned to Rural Residential Two {RUR2} Zone in order to provide a consistent zoning of the enhanced lands; 2. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary-Treasurer; 3. That the Applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the Applicant's solicitor provides an undertaking that the severed lands and the lands to be enhanced will merge in title. 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Committee of Adjustment Minutes -November 20, 2008 Page 6 f} Application: Applicant: location: Proposal: 240$-8-47, 2001$-B-48 Indian Park Association r: 143 Huron Woods Drive, Block B, Plan M-30 (Formerly Township of t}ro) Creation of two new residential lots Ms. Meghan Keehn, Planner with MHBC, was present on behalf of the applicant. CA08112a-09 Moved by Webster, Seconded by Potter It is recommended that application 2448-B-47 & 48 be deferred until such time as Council has advised this Committee that they are satisfied with the divesting of lands owned by IPA by way of boundary adjustments and lot creation rather than by way of a planning initiative that encompasses the entire lands held by IPA. Carried. Committee of Adjustment Minutes -November 20, 2008 Page 7 g} Applica#ion: 200$-8-49 Applicant: Federico and Silva Rossi Location: 5395 dine 8 North, Part of Lot 14, Concession 9 (Former Twp. of Medonte} Proposal: Creation of a new residential lot Mr. Federico Rossi, Mrs. Silva Rossi and Mr. Rocco Rossi {son} were present. CA081 ~ 20-10 Moved by Aiken, Seconded by Chappell It is recommended that the Committee defers Consent Application 2008-8-49, until an EIS is completed. Carried. Committee of Adjustment Minutes -November 20, 2008 Page 8 h) Application: 2008-A-46, 2008-A-47 Applicant: Mass Developments location: 95 line 1 North, Part of Lot 3, Concession 7 (Formerly Township of Oro) Proposal: Relief from Model Homes permitted far two Madei Homes Ms. Julie Jackson was present on behalf of the applicant. CA081120-11 Moved by Aiken, Seconded by Webster It is recommended that Committee of Adjustment approves variance applications 2008-A-46 and 2008-A-47, 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; 2. That the setbacks be in conformity with the dimensions as set out in the application and on the sketch submitted with the application and approved by the Committee. Carried. Committee of Adjustment Minutes -November 20, 2008 Page 9 6. STAFF REPt}RTS None. 7. NEW BUSINESS a} Site Visits GA081 1 20-1 2 Moved by Webster, Seconded by Aiken j ',_F It is recommended that the Memorandum dated November 19, 2008, Andria Leigh, Director of Development Services, re: Site Inspections for Committee of Adjustment Applications, be received. Carried. b} December Meeting GAO$i f 20-13 Moved by Chappell, Seconded by Aiken It is recommended that the verbal information from Andria Leigh, Director of Development Services, re: December meeting, be received. Carried. 8. ADJOURNMENT GAO$1120-14 Moved by Aiken, Seconded by Chappell It is recommended that we da now adjourn at 12:29 p.m. until 9:30 a.m., Thursday, January 18, 2008, or at the call of the Chair. Carried. .~' `~ ~~ ~ . Michelle Lynch, Chair Steven Fa~q~harson, Secretary Treasurer Committee of Adjustment Minutes -November 20, 200$ Page 10