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02 19 2009 C of A Minutes~~i TOWNSHIP OF ORO-MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES ~ ~ G- - COUNCIL CHAMBERS DATE: THURSDAY, FEBRUARY 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 Also present: Mike Gannon Theresa and John AbreaE~~~~~'~~,~1~~i~~ ~~~~IN~~Ih~~ Rich Foshay Dr. Allan Losing ~ ~-~ ~cl a0 Albert Dykxhoorn Matt Birse j ~~~~~~ ~~' ~,m ----~- ~~ BAR - ~ Zi~9 1. OPENING OF MEETING BY THE CHAIR j~IIEETfNG: GaUNGl~-1 Michelle Lynch assumed the Chair and called the meeting to order. ~ G 0~ ~f. ~ 2. ADOPTION OF AGENDA CA090219-01 Moved by Chappell, Seconded by Aiken It is recommended by the Committee of Adjustment that the agenda for the meeting of Thursday, February 19, 2009 be received and adopted as amended to add 7a) 2007-A-18 OMB Decision - Spasav. 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, January 29, 2009. CA090215-02 Moved by Aiken, Seconded by Chappell It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, January 29, 2009 be adopted as presented. Carried. Committee of Adjustment Minutes -February 19, 2009 Page 1 1~<~z 5. PUBLIC MEETINGS a) Application: 2008-A-51 Applicant: Mike Gannon Location: 6 Catherine Street, West Part of Lot 1, Concession 13 Proposal: Relief from maximum height and maximum floor area for accessory structure. Mr. Mike Gannon was present. Mrs. Theresa and Mr. Jahn Abreau expressed concerns over the use of the proposed accessory structure as commercial rather than residential, noted excessive speed and traffic on the road due to Mr. Gannon's current use of the property, and stated concern aver the visual impact of the proposed structure in a residential area. Mr. Rich Foshay noted his objection over the proposal being approximately three times the size allowed under the current by-law and reiterated Mr. and Mrs. Abreau's concerns regarding the visual impact. Dr. Allan Lossing also expressed concerns over the size and visual impact of the commercial type building in a residential area. CA090219-03 Moved by Chappell, Seconded by Aiken It is recommended that Committee 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 5.64 metres and relief from Maximum Floor Area 70 sq. m. to the 139.4 sq m. subject to the following conditions: 1. That an Ontario [..and Surveyor provide verification to the Township of compliance with the Committee's decision by verifying in writing that the accessory structure does not exceed 4.96 metres from the average grade to the midpoint of the roof, and the floor area does not exceed 139.4 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 all 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, as provided for within the Planning Act. Carried. Committee of Adjustment Minutes -February 19, 2009 Page 2 ~~ ~ b) Application: 2009-B-04 ~ ~ ~ -~ Applicant: Indian Park Association Location: t43 Huronwoods Drive, Part of Block B, Plan M-30 Proposal: Boundary adjustment. Mr. Albert Dykxhoorn and Mr. Matt Birse were present on behalf of the applicant. CA090219-04 Moved by Chappell, Seconded by Aiken It is recommended that the Committee of Adjustment grants provisional approval to Consent Appiication 2009-8-04, being to permit a boundary adjustment to convey approximatety 0.10 hectares (0.24 acres) from the subject property to the neighbouring residential lot being 29 Seneca lane, 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 29 Seneca Lane 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 applicants' 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 -February 19, 2009 Page 3 ~~~~ 6. STAFF REPORTS None. 7. NEW BUSINESS a} 2007-A-18 OMB Decision -Spasov. CA090219-05 Moved by Chappell, Seconded by Aiken It is recommended that OMB Decision - 2007-A-18 Spasov, be received. ~~~ -y- Carried. 8. ADJOURNMENT CA09021$-0¢ Moved by Chappell, Seconded by Aiken It is recommended that we do now adjourn at 11:03 a.m. Carried. ~'_.k~°~ Michelle Lynch, Ch ' ~s ~~°-._°° ven Farquharson, Secretary Treasurer Committee of Adjustment Minutes -February 19, 2009 Page 4