04 16 2009 C of A AgendaTOWNSHIP OF ORO-MEDONTE
COMMITTEE OF ADJUSTMENT MEETING AGENDA
COUNCIL CHAMBERS
DATE: THURSDAY, APRIL 16, 2009 TIME: 9:30 A.M.
1. OPENING OF MEETING BY THE CHAIR
2. ADOPTION OF AGENDA
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 March 19, 2009.
5. PUBLIC MEETINGS
a) Application:
Applicant:
Location:
Proposal:
b) Application:
Applicant:
Location:
Proposal:
c) Application:
Applicant:
Location:
Proposal:
2009-B-10
Donald and Margaret Ball
4491 Line 12 North
Boundary adjustment.
2009-B-11
1350363 Ontario Inc.
2273 15/16 Sideroad East
Creation of new lot.
2004-B-44
Elizabeth and David Woronka
628 Ridge Road East
Technical severance.
6. STAFF REPORTS
None
7. NEW BUSINESS
a) Application 2008-B-03 (Anthony & Dianne Keene).
8. NEXT MEETING DATE
Thursday, May 21, 2009 at 9:30 a.m.
9. ADJOURNMENT
_. ..; ivi~v~i~ ~ ~ I~yYltltJl III
MAR 2 ~ ~~~9 TOWNSHIP OF ORO-MEDONTE
COMMITTEE OF ADJUSTMENT MEETING MINUTES
~:~?~ETI~G: C®UNCIL C_~ COUNCIL CHAMBERS
C. OF W. ^ DATE: THURSDAY, MARCH 19, 2009 TIME: 9:30 A.M.
Present: Michelle Lynch, Chair
Lynda Aiken Bruce Chappell
Staff present: Steve Farquharson, Secretary Treasurer/Intermediate Planner
Marie Brissette, Deputy Secretary Treasurer/Committee Coordinator
Ryan Vandenburg, Planner
Regrets: Rick Webster Garry Potter
1. OPENING OF MEETING BY THE CHAIR
Michelle Lynch assumed the Chair and called the meeting to order.
2. ADOPTION OF AGENDA
CA090319-01
Moved by Chappell, Seconded by Aiken
It is recommended by the Committee of Adjustment that the agenda for the meeting of
Thursday, March 19, 2009 be received and adopted as presented.
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, February 19, 2009.
CA090319-02
Moved by Aiken, Seconded by Chappell
It is recommended that the minutes of the Committee of Adjustment meeting of Thursday,
February 19, 2009 be adopted as presented.
Carried.
Committee of Adjustment Minutes -March 19, 2009
Page 1
~/>Z
5. PUBLIC MEETINGS
a) Application: 2009-B-05
Applicant: Indian Park Association
Location: Adjacent to 19 Algonquin Trail
Proposal: Boundary adjustment.
Marlene Jacob was present on behalf of the applicant.
CA090319-03
Moved by Chappell, Seconded by Aiken
It is recommended that the Committee of Adjustment grants provisional approval to Consent
Application 2009-B-05, being to permit a boundary adjustment to convey approximately 0.10
hectares (0.24 acres) from the subject property to the neighbouring residential lot being 19
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 19 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. 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.
Carried.
Committee of Adjustment Minutes -March 19, 2009
Page 2
~~3
b} Application: 2009-A-04
Applicant: Linda Clipsham and Carol Craig
Location: 67 Eight Mile Point Road
Proposal: Relief from required setback from the Average High Water Mark of Lake
Simcoe.
Linda Clipsham was present.
CA090319-04
Moved by Aiken, Seconded by Chappell
It is recommended that the Committee of Adjustment approves Variance Application 2009-A-04
being to construct a 34.0 sq. m. (365 sq. ft) deck, with a 23.3 sq.m. (250 sq. ft) screened porch onto
the rear of an existing dwelling, subject to the following conditions:
1. That the size and setbacks of the proposed addition 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 addition including the attached deck be located no closer than 14.8 metres from the
average high water mark of Lake Simcoe;
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 meets all requirements set out to them by the Lake Simcoe Region
Conservation Authority, if applicable.
Carried.
Committee of Adjustment Minutes -March 19, 2009
Page 3
~k~'1
c) Application: 2009-A-05
Applicant: Ian and Mimi Eng
Location: 33 Goss Road
Proposal: Relief from the required interior side yard setback provision for boathouses.
Ian Eng was present.
CA090319-05
Moved by Aiken, Seconded by Chappell
It is recommended that the Committee of Adjustment approves Variance Application 2009-A-05,
being to construct asingle-storey boathouse which is proposed to have a total area of 31.2 m2 (336
ft~), subject to the following conditions:
1. That an Ontario Land Surveyor provide verification to the Township of compliance with the
Committee's decision in writing that the proposed boathouse maintain an interior side yard
setback of 0.61 metres.
2. That the applicants obtain approval from the Nottawasaga Valley Conservation Authority under
the Conservation Authorities Act.
3. That the setbacks be in conformity with the dimensions as set out on the application and
sketches submitted and approved by the Committee;
4. 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.
Carried.
Committee of Adjustment Minutes -March 19, 2009
Page 4
~~~
d) Application: 2009-A-05
Applicant: Jason Brearley and Janis Nevison
Location: 25 Huronwoods
Proposal: Relief from the required interior side yard setback.
Alex Kolodziej was present on behalf of the applicant.
CA090319-06
Moved by Chappell, Seconded by Aiken
It is recommended that the Committee of Adjustment approves Variance Application 2009-A-05,
being to construct asingle-storey boathouse which is proposed to have a total area of 31.2 m2 (336
ftz), subject to the following conditions:
1. That an Ontario Land Surveyor provide verification to the Township of compliance with the
Committee's decision in writing that the proposed boathouse maintain an interior side yard
setback of 0.61 metres.
2. That the applicants obtain approval from the Nottawasaga Valley Conservation Authority under
the Conservation Authorities Act.
3. That the setbacks be in conformity with the dimensions as set out on the application and
sketches submitted and approved by the Committee;
4. 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.
Carried.
Committee of Adjustment Minutes -March 19, 2009
Page 5
~f>b
e) Application: 2009-A-06
Applicant: Harold Roe and Linda Ambrose
Location: 65 Barrie Terrace
Proposal: Relief from required front yard setback.
The application was withdrawn.
CA090319-07
Moved by Aiken, Seconded by Chappe8
It is recommended that the Committee of Adjustment receives correspondence dated March 17,
2009 from Philippe Lamadeleine, re: Application No.: 2009-A-06, being to withdraw the application.
Carried.
Committee of Adjustment Minutes -March 19, 2009
Page 6
~C~~
6. STAFF REPORTS
None.
7. NEW BUSINESS
None.
$. ADJOURNMENT
CA090319-0$
Moved by Aiken, Seconded by Chappell
It is recommended that we do now adjourn at 10:18 a.m.
Carried.
Michelle Lynch, Chair
Steven Farquharson, Secretary Treasurer
Committee of Adjustment Minutes -March 19, 2009
Page 7
zr,~~~nst ~f, nj -
TOWNSHIP OF ORO-MEDONTE
REPORT ~ I
Application No: To: Committee of Adjustment Prepared By:
2009-B-10 Steven Farquharson,
Intermediate Planner
Meeting Date: Subject: Consent Application Motion #
April 16, 2009 (Donald and Margaret Ball)
Roll #: Lot 9, Concession 13, R.M.S. File #:
4346-020-004-0500 51 R-14456 Part 1 and D10-039077
51 R-24361 Part 1
REQUIRED CONDITIONS:
>-he following conditions are required to be imposed on the Committee's decision:
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 existing lot location be merged in title with 4491 Line 12 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 including an undertaking from the applicants solicitor to
this effect;
4. That the conditions of consent imposed by the Committee be fulfilled within one year from the
date of the giving of the notice.
BACKGROUND:
The purpose of application is to permit a boundary adjustment to facilitate a proposed lot transposition. The
applicant's intent is to move or transpose an existing lot to the northwest corner of the farm and establish this
as a new location for the residential lot. No new building lots are proposed to be created as a result of
the boundary adjustment.
ANALYSIS:
The purpose of application 2009-B-10 is to transpose an existing lot with lot frontage of approximately
66.4 metres, a lot depth of approximately 66.4 metres and an area of approximately 0.44 hectares
Development Services Meeting Date: April 16, 2009
Application No. 2009-B-10 Page 1 of 4
located at Lot 9 Concession 13, to a location in the north-west corner of 4491 Line 12 North. No new
buildin lots are ro osed as a result of this a lication.
FINANCIAL:
Not applicable.
POLICIES/LEGISLATION:
Does the Consent conform to the general intent of the Official Plan?
The subject lands are designated Agricultural by the Official Plan. Section D2 of the Official Plan
contains policies with respect to subdivision of land. 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. The same number of lots will exist
in a concentrated location at the northwest corner of the applicant's lands. The applicant indicated to
Staff that the proposed new location contains stony soil which would not be conducive to productive
agriculture. The existing location of the lot is within a forested area, with changing topography, which
would make the construction of a dwelling very difficult. The proposed location of the lot would further
increase the setback to the existing agricultural building that is used to house livestock. The
proposed lot will be the same size and shape of the existing lot, staff supports the relocated lot.
As such, the proposed boundary adjustment is generally in keeping with the intent of the policies
stated in the Official Plan, and otherwise conforms to the boundary adjustment policies contained in
Section D.2.2.2.
Does the Consent comply with the general intent of the Zoning By-law?
The subject property is currently zoned Agricultural/Rural (A/RU) Zone in the Township's Zoning By-
law. The minimum frontage for a lot in the A/RU Zone is 45 metres; the subject lands will have a
frontage approximately 66.4 metres of frontage, with an area of approximately 0.4 hectares (0.98
acres), the required lot area for a residential use in the A/RU Zone is 0.4 hectares;
On the basis of the above, the proposed boundary adjustment generally maintains the intent of the
Zoning By-law.
CONSULTATIONS:
i
Public Works Department-
Building Department-
Engineering Department -
Development Services Meeting Date: April 16, 2009
Application No. 2009-B-10 Page 2 of 4
~--
ATTACHMENTS:
1. Location Map
2. Site Plan (Current and Proposed)
CONCLUSION:
It is the opinion of the Planning Department, that Consent application 2009-B-10 for a boundary
adjustment would appear to conform to the policies of the Official Plan, and maintains the use and
zoning provisions of the Zoning By-law.
Development Services Meeting Date: April 16, 2009
Application No. 2009-B-10 Page 3 of 4
SCHEDULE 1; LOCATION MAP
2009-B-10 (Ball)
Development Services Meeting Date: April 16, 2009
Application No. 2009-B-10 Page 4 of 4
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TOWNSHIP OF ORO-MEDONTE ~ 1
REPORT '
Application No: To: Committee of Adjustment Prepared By:
2009-B-11 Steven Farquharson,
Intermediate Planner
Meeting Date: Subject: Consent Application Motion #
April 16, 2009 (1350363 Ontario Inc)
Lot 16
Concession 14
Roll #: ,
,
51 R-18392 Part 1
R.M.S. File #:
4346-010-005-20140 15/16 Sideroad D10-039087
REQUIRED CONDITIONS:
The followino conditions are required to be imposed on the Committee's decision:
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 all municipal taxes be paid to the Township of Oro-Medonte;
4. That the applicant pay $ 500.00 for the lot created as cash-in-lieu of a parkland contribution;
5. That the maximum total lot area for the new lot be approximately 1.2 hectares;
6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of
the giving of the notice.
BACKGROUND:
The applicant is proposing to create a new lot by way of severance. It is the intention of the applicant to use the
lands for an Economic Development use on the proposed vacant lot to be created as a result of this
application.
ANALYSIS:
The applicant is proposing to create a new lot by way of severance. The lot is proposed to have a frontaoe on
15/16 Sideroad of approximately 66 metres, a depth of approximately 183 metres, and an area of approximately
1.2 hectares. The retained lands would also front on 15/16 Sideroad, having a frontage of approximately 133
metres, and a lot area of approximately 1.2 hectares. The intended use of the property will be for a Economic
Development use.
Development Services Meeting Date: April 16, 2009
Application No. 2009-B-11 Page 1 of 4
r
.-~
FINANCIAL:
Not applicable.
POLICIES/LEGISLATION:
Does the Consent conform to the oeneral intent of the Official Plan?
The subject lands are designated Industrial by the Official Plan. Section C8.4 of the Official Plan
provides a policy to allow Committee to consider applications for creation of new lots within the
"Industrial" designation.
Due to the property being located in the Industrial designation and zoned Economic Development
(ED) Zone, it will be subject to Site Plan Control, when development is to occurs. Section C8.5.1
outlines policies in which Council shall consider when a Site Plan is submitted, which includes:
a. Adequate parking and loading facilities shall be provided on the site. These facilities,
except for a limited amount of visitor parking, should not be located between the building(s)
and Highway 11.
b. Adequate buffering from adjacent residential uses shall be provided on site
c. Building shall be designed the blend in with their surroundings and withother buildings in
the area.
d. Building or structures on untried sites shall incorporate landscaping to enhance the site and
surrounding area
e. A high standard of landscaping shall be required on the lands adjacent to Highway 11
f. Outdoor storage area shall be substantially screened from view from passing traffic on
Highway i 1.
g. Where a proposed use abuts or is in close proximity to an existing residential use, fencing,
landscaping, berming or a combination of these features shall be utilized to ensure that
there is adequate screening between the uses.
As such, the proposed lot is generally in keeping with the intent of the industrial policies stated in the
Official Plan, and otherwise conforms to the policies contained in Section C8.4.
The industry area where the subject land is located has lots of varying lot areas and frontages.
However, there are two existing lots located on the east side of Line 13 North, which have similar lot
frontage and area as proposed (approximately 58 metre lot frontage and approximately 1.1 hectare
lot area).
Does the Consent comply with the general intent of the Zoning By-law?
The subject property is currently zoned Economic Development (ED) Zone in the Township's Zoning
By-law. The minimum frontage for a lot in the ED Zone is 40 metres; the subject lands will have a
frontage approximately 66.4 metres of frontage, with an area of approximately 1.2 hecters, the
required lot area for a industrial use in the ED Zone is 0.4 hectares;
On the basis of the above, the proposed creation of a new industrial lot generally maintains the intent
of the Zoning By-law.
Development Services Meeting Date: April 16, 2009
Application No. 2009-B-11 Page 2 of 4
,---
-;
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CONSULTATIONS:
Public Works Deoartment-
Building Department-
Engineering Department -
ATTACHMENTS:
1. Location Map
2. Site Plan (Current and Proposed)
CONCLUSION:
It is the opinion of the Planning Department, that Consent application 2009-8-11 for the creation of a
new lot would appear to conform to the policies of the Official Plan, and maintains the use and zone
standards of the Zoning By-law.
Respectfully submitted:
~'" `~
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r
tevenjFarquharson,
Intermediate Planner
Reviewed by:
1 ,
~.
Glenn White
Manager, Planning Services
Development Services Meeting Date: April 16, 2009
Application No. 2009-B-11 Page 3 of 4
-,
SCHEDULE 1: LOCATION MAP ~~
2009-B-11 (1350363 Ontario Inc.)
Development Services Meeting Date: April 16, 2009
Application No. 2009-B-11 Page 4 of 4
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TOWNSHIP OF ORO-MEDONTE ~~ w_
REPORT
Application No: 2004-B-44 To: Committee of Adjustment Prepared By:
Steven Farquharson,
Intermediate Planner
Meeting Date: Subject: Consent Application Motion #
April i6, 2009 (Elizabeth and David Woronka)
East Part Lot 24, Concession 9,
Roll #: 628 Ridge Road East R.M.S. File #:
4346-010-009-0840 (County Road 20) D10-13938
REQUIRED CONDITIONS:
fhe toliowing conditions are regwretl to be imposed on the committee's decision:
That three copies of a Reference Plan (or description suitable for registration) for the subject lands
indicating the severed and retained parcels be prepared by an Ontario Land Surveyor and submitted to
the Secretary-Treasurer;
2. That the applicant 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-Medonte;
4. That the applicant obtain an entrance permit for both the retained and severed lands from the County of
Simcoe;
5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of
the giving of the notice.
BACKGROUND:
Un February ~ 5, 2UU/, consent application zuu4-ti-44 was deterred by the committee of Adjustment at the
request of the applicant. The request was due to the applicant being advised by the County of Simcoe that as a
result of By-law No. 4206, new direct entrances were prohibited to individual residential lots on County roads.
The applicant has since completed a Traffic Report prepared by Pearson-McCuaig which was submitted to the
County for their review. On January 14, 2009, the applicant appeared before the Count y of Simcoe Corporate
Services Committee. On January 27, 2009, County Council approved the request for an exception to by-law
4206 for a mutual residential entrance to County Road 20 (Ridge Road) for 628 Ridge Road East and the
proposed new lot as a result of the technical severance.
The subject lands currently exist as a single 5.6 hectare (13.84 acre) parcel with approximately 408.77 metres
(1341 feet) of frontage on Ridge Road. The subject lands originally consisted of Parts 1, 2 and 3 of 51 R-8558,
where part 3 was severed and sold in 1990. Parts 1 and 2 remained as separate parcels under different
ownership until approximately June 6, 1990, when the applicants took possession of both parts. As both parts
1 and 2 of 51 R-8558 came under single ownership, the parcels subsequently merged on title as a single
Development Services Meeting Date: April 16, 2009
Application No. 2004-B-44 Page 1 of 5
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holding. The purpose of this technical severance is to re-create Parts 1 and 2; Part 1 containing the applicant's
dwelling and various outbuildings, Part 2 remaining vacant.
ANALYSIS:
The purpose of application 2004-B-44 is to permit a technical severance to re-create a lot that has
subsequently merged on title. The land to be retained is proposed to have approximately 142.7 metres (468
feet) of frontage along Ridge Road East, an average depth of approximately182.5 metres (598 feet) and a lot
area of approximately 2.3 hectares (6 acres). The land proposed to be severed would have approximately 266
metres (872 feet) of frontage along Ridge Road East, an average depth of approximately 118.5 metres (389
feet), and a lot area of approximately 3.15 hectares (7.8 acres).
FINANCIAL:
POLICIES/LEGISLATION:
Does the Consent conform to the general intent of the Official Plan?
The subject property is designated Agricultural in the Official Plan. Section D2.2.3 of the Official Plan provides
a specific policy to allow the Committee to consider applications to re-create parcels of land which have
merged on title. The policy states:
The creation of new lots to correct a situation where two or more lots have merged on title may be
permitted, provided the Committee of Adjustment is satisfied that the new lot:
a) was once separate conveyable lot in accordance with the Planning Act;
b) the merging of the lots was unintentional and was not merged as a requirement of a previous planning
approval;
c) is of the same shape and size as the lot which once existed as a separate conveyable lot;
d) can be adequately serviced by on-site sewage and water systems;
e) fronts on a public road that is maintained year-round by a public authority;
f) there are no public interest served by maintaining the property as a single conveyable parcel;
g) conforms with Section D2.2.1 of this Plan; and,
h) subject to the access policies of the relevant road authority
Section D2.2.1 of the Official Plan contains specific tests for the creation of a new lot by Consent. In particular,
this section states "...the Committee of Adjustment shall be satisfied that the lot to be retained and lot to be
severed:
a) Fronts on and will be directly accessed by a public road that is maintained on a year-round basis;
Both the proposed severed and retained lands will have frontage on Ridge Road East, which are public
roadways maintained year-round by the County of Simcoe.
b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County
supports the request;
On January 27, 2009, Count y Council granted an exception to ey-law No. 4206 for a mutual entrance to
County Road 20 with 628 Ridge Road East and the proposed re-created residential lot.
c) W ill not cause a traffic hazard;
Development Services Meeting Date: April 16, 2009
Application No. 2004-B-44 Page 2 of 5
`~ - `
c
Significant traffic volume will not be generated by an additional dwelling fronting onto Ridge Road East. The
applicant will be required to apply for and obtain an entrance permit from the County of Simcoe, Transportation
and Engineering Department.
d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law
and is compatible with adjacent uses;
The application proposes to recreate a lot having an area of approximately 3.15 hectares (7.7 acres), a lot
frontage along Ridge Road East of approximately 266 metres (872 ft), a lot depth of approximately 118 metres
(387 ft). The (ands to be retained would have a lot area of approximately 2.3 hectares (5.6 acres) and currently
contain a dwelling and various outbuildings. The minimum required lot area for a residential use in the A/RU
Zone is 0.4 hectares (0.98 acres), and the minimum required lot frontage is 45 metres (147 feet).
e) Can be serviced with an appropriate water supply and means of sewage disposal;
The applicant will be required at the time of submission of building permit to meet all requirements for septic
system installation and private water supply. The Township Zoning By-law has established a minimum lot area
of 0.4 hectares for a residential use in the A/RU Zone to reflect development on private services.
f) Will not have a negative impact on the drainage patterns in the area;
Future residential development will be reviewed by the Township Building Department, where the construction
of a new single detached dwelling may be subject to the completion of a lot grading and drainage plan to
ensure drainage has no negative impact on neighbouring properties.
g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the
provision of access, if they are designated for development by this Plan;
Both the severed and retained lands, will meet with the minimum required lot frontage and area requirements
of the Zoning By-law. No development applications are active adjacent to the subject lands, and as such no
negative impacts with respect to access are anticipated as a result of this consent.
h) Will not have a negative impact on the features and functions of any ecological feature in the area;
i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the
area;
A portion of the severed lands are located within the Lake Simcoe Region Conservation Authority,
whose comments are forthcoming.
In order to confirm that the lot to be created was once a conveyable lot, the Townships' solicitor reviewed the
registered deeds and concluded that the new lot was once legally conveyable. The applicant's lands will be
serviced with on-site sewage and water systems, subject to the Building Department approval.
On this basis, the application is considered to be appropriate and generally conforms to the Official Plan.
Does the Consent comply with the general intent of the Zoning By-law?
The subject property is zoned Agricultural/Rural (A/RU) Zone. If Committee approves the application, both the
severed and retained lots would meet with permitted use, minimum frontage and lot area requirements of the
A/RU Zone, as prescribed in Zoning By-law 97-95. As well, the severed and retained lots both exceed 2
Development Services Meeting Date: April 16, 2009
Application No. 2004-B-44 Page 3 of 5
„-- ; ~
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hectares, and would therefore be of sufficient size to allow for agricultural uses (such as a hobby farm) to
occur. In this case, rezoning either the retained or severed lands will not be required.
On the basis of the above, the proposed creation of an existing residential lot generally maintains the intent of
the Zoning By-law.
County of Simcoe
On January 14, 2009 the applicant appeared before the County of Simcoe Corporate Services Committee,
requesting relief from County Entrance By-law No. 4206. Due to the lands having road frontage on a County
Road (Ridge Road), By-law 4206 provides that the creation of a new entrance is not permitted outside of
settlement areas. County Staff, recommended that the application not be approved, based on the proposal
would not conform to the requirements of the County of Simcoe's Entrance By-law 4206,and that it does not
conform to the agricultural policies of the County of Simcoe Official Plan. The County Official Plan does not
have policies that recognized technical severances. On January 27, 2009, County Council approved a request
for an exception for a mutual residential entrance to County Road 20 for the lands subject to this application.
CONSULTATIONS:
Building Department-
Engineering Department-
Lake Simcoe Region Conservation Authority-
ATTACHMENTS:
1. Location Map
2. Site Plan (Current and Proposed)
CONCLUSION:
By reviewing the deed and abstract provided by the applicants, the documents confirm that Part 2 of Plan 51 R-
8558 was once a separate and conveyable parcel, but it is unclear when the merger between Parts 1 and 2
occurred. With the allowance from the County of Simcoe to give the applicant an exemption from By-law No.
4206 for a mutual residential entrance to Ridge Road East (County Road 20), the proposal appears to meet
the minimum lot provisions of Zoning By-law 97-95 and the criteria listed under Section D2.2.3 of the Official
Plan.
It is the opinion of the Planning Department, that Consent application 2004-B-44 for a technical severance
would appear to conform to the policies of the Official Plan, and maintains the use and setback provisions of
the Zoning By-law.
Respectfully submitted: Reviewed by:
- ~--- - -
.-r~~' .~
teven Farquharson, Glenn White
Intermediate Planner Manager of Planning Services
SCHEDULE 1: LOCATION MAP
Development Services Meeting Date: April 16, 2009
Application No. 2004-B-44 Page 4 of 5
2004-B-44 (Woronka) ~ ~..~~
® Raposed Severed Lot
in
Retained Lot
Co
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Development Services Meeting Date: April 16, 2009
Application No. 2004-B-44 Page 5 of 5
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The Corporation of the
County of
Simcoe
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CLERK'S OFFICE
Telephone Extension (246
January 27, 2009
Mr. Ian Rowe
Burgar Rowe
90 Mulcaster Street
Box 758
Barrie, ON L4M 4Y5
Dear Mr. Rowe:
Re: Presentation to Corporate Services Committee on January 14. 2009
Beeton Area (905)729-2294
Administration Centrc
1110 Highway 26
Midhurst, Ontario LOL 1X0
Please tie advised that on January 27, 2009 County Council approved the following
recommendation of the Corporate Services Committee:
THAT the following recommendation (CS-001-09) (Item CS 09-017) of the Corporate
Services Committee be approved:
THAT the request for an exception to the County Entrance By-law No. 4206, as
amended, for a mutual residential entrance to County Road 20 in the Township of Ora
Medonte,"as outlined in Item CS 09-{117, be granted subject to the applicant submitting
an entrance permit appligtion for a mutual entrance and subject to an access easement
being registered on title for the severed lot.
If you have any further questions regarding this matter, please contact Mr. Greg Marek, Planner
If, at extension 1362.
Yours truly,
.~.G~~~
Glen R. Knox
County Clerk
/cam J/
C: G. Marek, Planner II /
C. Meile, Transportation Maintenance Director
(705)726-9300 Fax: (705)726-3991