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05 21 2009 C of A AgendaPage Tnwnship of Proud Heritage, Exciting Future TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING AGENDA COUNCIL CHAMBERS DATE: Thursday, May 21, 2009 TIME: 9:30 a.m. 1. OPENING OF THE MEETING BY THE CHAIR 2. ADOPTION OF AGENDA 3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — IN ACCORDANCE WITH THE ACT" 4. ADOPTION OF MINUTES 3 -7 a) Minutes of April 16, 2009. 5. PUBLIC MEETINGS: 8 -21 a) 2008 -A -34 (Lane) 85 Moon Point Drive Variance from Front Side Yard Setback. 22 -40 b) 2009 -A -09 (Colquhoun) 327 Horseshoe Valley Road East Variance for garage in front of house and maximum floor area. 41 -54 c) 2009 -B -13 (Del Coin Holdings Inc) 13 Line 14 South Boundary adjustment to enhance lands of 5219 Highway 11 North. 55 -77 d) 2009 -B -14 (Beaton) Part of Lot 1, Concession 9 Boundary adjustment to enhance lands of 336 Horseshoe Valley Road East. 6. NEW BUSINESS: a) Steven Farquharson, Intermediate Planner /Secretary Treasurer, verbal update, re: OMB Appeal, 2008 -A -51 (Gannon). 7. NEXT MEETING DATE June 18, 2009. Page 1 of 77 Page Committee of Adjustment - May 21, 2009 ADJOURNMENT Page 2 of 77 Agenda Item # 4a) - Minutes of April 16, 2009. TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES COUNCIL CHAMBERS DATE: THURSDAY, APRIL 16, 2009 TIME: 9:30 A.M. Present: Michelle Lynch, Chair Lynda Aiken Bruce Chappell Rick Webster Garry Potter Staff present: Steve Farquharson, Secretary Treasurer /Intermediate Planner 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 CA090416 -01 Moved by Aiken, Seconded by Chappell It is recommended by the Committee of Adjustment that the agenda for the meeting of Thursday, April 16, 2009 be received and adopted as presented. Carried. 3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — IN ACCORDANCE WITH THE ACT" 0eMIT 4. MINUTES OF PREVIOUS MEETING a) Minutes of Committee of Adjustment Meeting of Thursday, March 19, 2009. CA090416 -02 Moved by Chappell, Seconded by Aiken It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, March 19, 2009 be adopted as presented. Carried. Committee of Adjustment Minutes — April 16, 2009 Page 1 Page 3 of 77 Agenda Item # 4a) - Minutes of April 16, 2009. 5. PUBLIC MEETINGS a) Application: 2009 -B -10 Applicant: Donald and Margaret Ball Location: 4491 Line 12 North Proposal: Boundary adjustment. Mr. Donald Ball, Applicant, was present. CA090416 -03 Moved by Chappell, Seconded by Potter It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2009 -B -10, 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 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 he 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. Carried. Committee of Adjustment Minutes — April 16, 2009 Page 2 Page 4 of 77 Agenda Item # 4a) - Minutes of April 16, 2009. b) Application: 2009 -B -11 Applicant: 1350363 Ontario Inc. Location: 2273 15/16 Sideroad East Proposal: Creation of new lot. Mr. Allan French, Solicitor for the Applicant, and Ms. Susan McGill, Applicant, were present. CA090416 -04 Moved by Potter, Seconded by Webster It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2009 -B -11, to permit the creation of a new lot by way of severance, 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, 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; 7. That the applicant files a site plan of the retained lot for review and approval to the Site Plan Control Committee. Carried. Committee of Adjustment Minutes — April 16, 2009 Page 3 Page 5 of 77 Agenda Item # 4a) - Minutes of April 16, 2009. c) Application: 2004 -B -44 Applicant: Elizabeth and David Woronka Location: 628 Ridge Road East Proposal: Technical severance. Ms. Elizabeth Woronka, Applicant, was present. CA090416 -05 Moved by Chappell, Seconded by Aiken It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2004 -B -44, to permit a technical severance to re- create a lot that has subsequently merged on title, subject to the following conditions: 1. 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. Carried. Committee of Adjustment Minutes — April 16, 2009 Page 4 Page 6 of 77 Agenda Item # 4a) - Minutes of April 16, 2009. 6. STAFF REPORTS None. 7. NEW BUSINESS a) Application 2008 -13-03 (Anthony & Dianne Keene) CA090416 -06 Moved by Chappell, Seconded by Webster It is recommended that the Committee of Adjustment amends motion CA080619 -14, being to grant provisional approval to Consent 2008- B- 03(Revised) to permit the creation of a residential lot. The lot severed is proposed to have 55 metres of frontage on Ridge Road East, and a lot area of 0.36 hectares. The lot proposed to be retained lands would contain 205 metres of frontage on Ridge Road East, and a lot area of 4.9 hectares, to remove "3. The applicant enters into a site plan agreement to address the requested conditions of the Lake Simcoe Region Conservation Authority" with "3. That the applicant apply and obtain a Holding Provision to be placed on the subject lands as per the request of the Lake Simcoe Region Conservation Authority ". 8. NEXT MEETING DATE Thursday, May 21, 2009 at 9:30 a.m. 9. ADJOURNMENT CA090416 -07 Moved by Chappell, Seconded by Webster It is recommended that we do now adjourn at 10:58 a.m. Carried. Carried. Michelle Lynch, Chair Steven Farquharson, Secretary Treasurer Committee of Adjustment Minutes — April 16, 2009 Page 5 Page 7 of 77 luumrhit�����i� PmxJ Nrrirgpc, E itigq F.— TOWNSHIP OF ORO- MEDONTE REPORT Application No: To: Committee of Adjustment Prepared By: 2008- A- 34(Revised) Steven Farquharson, Intermediate Planner Meeting Date: Subject: Consent Application Motion # May 21, 2009 (Joseph and Nelly Lane) 85 Moon Point Drive, Lot 25, Plan 920 Roll #: R.M.S. File #: 4346 - 010 - 004 -4500 D13 -38328 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 1. That the stairs be located no closer than 4.3 metres from the front lot line 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. BACKGROUND: The purpose of this report is to consider a Variance Application 2008- A- 34(Revised), for relief from the Township's Comprehensive Zoning By -law in relation to the required front yard setback. The applicant appeared before the Committee of Adjustment on August 21, 2008 and was approved by the Committee for a front yard setback of 5.9 metres. As part of a condition included in the decision, the Committee requested that an Ontario Land Surveyor provide verification that the stairs were in compliance with what the approved setback. The applicant obtained an OLS as requested by the Committee, in which it was discovered that the stairs did not meet the approved front yard setback, and as such the applicant must appear before the Committee for a revision to their original variance request. Attached please find the original staff report, the Committee's decision from the August 21, 2008 meeting and the letter from the Ontario Land Surveyor verifying the setback. ANALYSIS: Staff has reviewed the revised application and it is the opinion of Planning that the revised application meets the intent of the Townships Official Plan and Zoning By -law, ATTACHMENTS: 1. Location Map 2. Revised survey 3. Staff Report from August 21, 2008 4. Committee of Adjustment Decision from August 21, 2008 meeting Development Services Meeting Date May 21, 2009 Application No. 2008- A- 34(Revised) Page 1 of 4 r` r` 0 co a> 0) M a 5. Letter from Ontario Land Surveyor CONCLUSION: In the opinion of the Planning Department, Variance application 2008 -A -34 ( Revised), being to grant a revision to the Committee of Adjustment decision dated August 21, 2008, to reduce the front yard setback to 4.3 metres, appears to meet the tests of the Planning Act. Respectfully submitted: Reviewed by: St ve Farquharson Glenn White, MCIP, RPP Intermediate Planner Manager, Planning Services r` r` 4- 0 rn a� c� a Development Services Meeting Date May 21, 2009 Application No. 2008- A- 34(Revised) Page 2 of 4 SCHEDULE 1: LOCATION MAP 2008 -A -34- Revised (Lane) MOON POINT z z g 0 0 0 Q � OHN MOO \� LAKE SIMCOE J Jtt/ SUBJECT LANDS l/ 0 45 90 180 270 360 Meters Development Services Meeting Date May 21, 2009 Application No. 2008- A- 34(Revised) Page 3 of 4 ti ti 0 O (D 0) M 0- SCHEDULE 2: REVISED SURVEY SURVEYOR'S REAL PROPERTY REPORT - -�`' - - - - -- PART 2 21 PART i �f CONJUNCTION WITH SURVEY REPORT PLAN OF LOT 25, REGISTERED PLAN 92D /1 TIE REPORT WA6 PxEPNIED FOR MR AMIN LANE (OBOGRARM mll IMP Of So= on¢ug NOTE'S: OOER PWRm TRNV mesa +Re ARNNeK. eooRm m ma Para. n na rAer un aF woA oN.c WAYN A K.RRR n NtTN\ a RRIM OA F{A. PID. TOWNSHIP OF ORO- MEDONTE (��2E} -NORIa a T. SteDRhY1' o L s DLSTANCES SHOWN ON THIS PLM! ARE OI FEET AND CNN awm nw'. COUNTY OF SWOE FaT 1 atom � ee mom. arc Or e r stRNOUrw O L R ®C.T. STRONWAN SURVEYING LTD, 0." NO PERSON MW COPY, REPRODU , DWWTE OR ALIEN, "S PLM " WNOE OR IN PART WRNOW THE wRA M PERmgION OF C.T. STRONGMAN D.L.S. LEGEND tme -m R. C. 1 STRONG O L S 2008 unlooaa C,T. STRONGMAN SURVEYM LTD. / / tl tNS RRxT ARR Ruri wt OaRRCr No N .aeROUNE / / ♦ 27 0 Nnn M[ RAnen KT rK Rfi(5R6 AcL Ao M eta mane ua RR No. A 6YN. LH-OIN � W e 1 X �43rY j ORILLIAONTARIO 261, I l # amRA P> 3WR Naeao LYR RAnOW - .9aL+PAR_ v nr..,na !. —IG:rf A. Yt d R Orp R 28 3-7 24 W O , aC I I y 23 C l 2 i O 22 - -�`' - - - - -- PART 2 21 THIS PM WST BE READ IN CONJUNCTION WITH SURVEY REPORT DATED OCTOBER 27, 2ODS. TIE REPORT WA6 PxEPNIED FOR MR AMIN LANE AND ALL OTNER PAYIIES TO ENE TRINyCMM THE �Y FOR OSE W A S No NOTE'S: OOER PWRm TRNV mesa +Re ARNNeK. eooRm m ma Para. n na rAer un aF woA oN.c WAYN A K.RRR n NtTN\ a RRIM OA F{A. PID. (��2E} -NORIa a T. SteDRhY1' o L s DLSTANCES SHOWN ON THIS PLM! ARE OI FEET AND CNN awm nw'. BE CONVERTED TO METRES BY WL7<PLITNC BY 0.7048 1 atom � ee mom. arc Or e r stRNOUrw O L R ®C.T. STRONWAN SURVEYING LTD, 0." NO PERSON MW COPY, REPRODU , DWWTE OR ALIEN, "S PLM " WNOE OR IN PART WRNOW THE wRA M PERmgION OF C.T. STRONGMAN D.L.S. LEGEND SURVEYORS CERTIFICATE unlooaa C,T. STRONGMAN SURVEYM LTD. n RPM .°�R we.. 1 s -roPRm Ra W tl tNS RRxT ARR Ruri wt OaRRCr No N .aeROUNE Ontario Land Surveyors } a - NNOILH KR aR N>AN :7, sP -room siNnmu. va Nnn M[ RAnen KT rK Rfi(5R6 AcL Ao M eta mane ua RR No. A 6YN. LH-OIN � W e 1 X ll nc RRF2r+w ooriflFa aN ua ue ar n ♦enw T Fw ( yyi]8 -aft5 ORILLIAONTARIO O 'ooeno ItlMiNNR NRAP amRA P> 3WR Naeao LYR RAnOW - .9aL+PAR_ v nr..,na !. —IG:rf A. Development Services Meeting Date May 21, 2009 Application No. 2008- A- 34(Revised) Page 4 of 4 rl- rl- 0 a� (6 Towns[ of Oro- Medonte - Committee of Adj ment August 21, 2008 2008 -A -34 — Joseph and Nelly Lane 85 Moon Point Drive, Lot 25, Plan 920 (Orillia) 1. PROPOSAL The applicant is requesting relief from the required front yard setback for an existing single detached dwelling. Specifically, the applicant is requesting the following relief from Zoning By -law 97 -95: Zone: Shoreline Residential Exception 2 (SR *2) Zone: Required Proposed Table B7 Standards for Permitted Uses: Minimum Required Front Side Yard Setback 7.5 m 5.9 m 2. MUNICIPAL POLICY ZONING AND PREVIOUS APPROVALS Official Plan Designation — Shoreline Zoning By -law 97 -95 — Shoreline Residential One Exception 2 (SR *2) Zone Previous Applications — 3. DEPARTMENT /AGENCY COMMENTS Public Works — No Comments received Building Department — Proposal appears to meet minimum standards Engineering Department- No Comments received 4. BACKGROUND The subject property has a lot frontage on Line 10 North of approximately 44 metres (144 feet), and a lot depth of approximately 50 metres (164 feet), and a lot area of 0.17 hectares (0.43 acres). The lot is presently occupied by an existing two storey dwelling, which was constructed in 1972. The applicant is applying to the Committee to recognize that the proposed stairs leading into the existing dwelling were constructed with the required 7.5 metre setback from the front property line. Does the variance maintain the general intent of the Official Plan? The property is designated Shoreline in the Official Plan. Permitted uses in this designation include single detached dwellings, existing marina's, small scale commercial uses such as convenience stores, public parks and bed and breakfast. As the existing dwelling constitutes a permitted use within the Shoreline designation, the application would therefore maintain the intent of the Official Plan. Does the variance maintain the general intent of the Zoning Brlaw? The subject property is zoned Shoreline Residential Exception 2 (SR *2) Zone. Permitted uses in the SR Zone include single detached dwellings and accessory buildings, such as garages and storage sheds. With respect to front yard setbacks, the primary purpose for maintaining a minimum distance from roadways is to ensure that adequate buffering exists between structures and the traveled portion of the road. As well, the front yard setback also ensures that adequate vehicle parking exists for the dwelling, and in some cases provides for lot area for components of septic systems. For the application at hand, the existing dwelling with a covered porch, is located 9.6 metres (31.6 feet) at its closest point from the front property line. r` r` 0 N (D 0) M 0- The zoning exception 2, whic placed on the property address minis n interior side yard setback for a structure. Aside from the reduced front yard setback, the proposed dwelling would otherwise comply with height, floor area, and all other setback requirements. Section 5.9.1 states: Architectural features such as sills, belt courses, cornices, eaves or gutters, chimney breasts, pilasters, roof overhangs, stairs and landings used to access a main building, cantilevered window bays, unenclosed porches and balconies may encroach into any required yard a distance of no more than 1.0 metre (3.2 feet). This would allow the front porch to encroach 6.5 metres (21.3 feet), to the front property line, which would mean the applicant is only seeking recognition of 0.5 metres (1.9 feet) front yard setback deficiency. On the basis of the above, the existing dwelling would therefore maintain the general intent of the Zoning By -law. Is the variance desirable for the appropriate development of the lot? The location of the existing dwelling appears to be appropriate, as the structure is located at a significant distance from the travelled portion of Moon Point Road. The purpose of the front yard setback is to maintain separation between the traveled portion of the roadway and residential structures, and to allow for vehicle parking. The existing driveway and vehicle parking space on the subject lands will also not be affected by the nature of this application, the existing dwelling, albeit setback further into the lot. On the basis of the above, the recognizance of the existing dwelling and proposed reduction of the required side yard setback is deemed to be appropriate. Is the variance minor? As this application is deemed to conform with the Official Plan, maintain the intent of the Zoning By -law and constitutes appropriate development, the variance is considered to be minor. 5. RECOMMENDATION It is recommended that Committee approves Variance Application 2008 -A -34, being to recognize the stairs used to access the existing dwelling, having a minimum front yard setback of 5.9 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 survey /real property report so that:: a. the stairs be located no closer than 5.9 metres from the front lot line 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.O. 1990, c.P. 13. Respectfully submitted, Reviewed by Steven Farquharson, B.URPL Andria Leigh, MCIP RPP Intermediate Planner Director of Development Services r` r` 0 c� (D 0) c� kJO Page 14 of 77 FRAMED COLUMN NO C)IVER 4.5"12-DA5E PLATE 6' REINFORCED TO SLAB CONCRETE SLAB ON CA5rED-IN C101,4ELS-REBAR IN L CONCRETE PIERS SE TEE? HITH MAIL LAND5r-APED STONE FIN. G DE FIN. GRADE STE_5 UNIT5_5TAC,�Ell FRICTION CONCRETE 1LOATIN6 SLAB 'OR LANDSC-APE OF t14TS 'CON METE PIERS IN I'jOF PIERS ^a FRONT ELEVATION- SECTION . ������� x@���;/�n| _ 3'-0' BLACK IRON ROM HANDRAIL SEPARATED �ITH '--'-----'-----'--' . EXPANSION 5EPARAT ON | || | BO7rOM OF . ------'------ --- -- '-----------'--' A-I SIDE SCALE 1/4–V-0 _–_–_---_ Replacement – Existing Deck 85 Moon Point Dr. �— 5~~,^IP Elevations - sectinns°ith Plan dimensions =~/A�~~` Joe Lane A02 Page 15 Of77 11,11 Ills 5,11010 Millis lslitilliflielL Isis 1511111.1101111,111110101111111 Isis all 1 .11 4, Ij ON .11. fill AMC 3-2X'O HOOD FE FE F- EX1517IN& HOUSE BEYOND FRAMED COLUMN NO C)IVER 4.5"12-DA5E PLATE 6' REINFORCED TO SLAB CONCRETE SLAB ON CA5rED-IN C101,4ELS-REBAR IN L CONCRETE PIERS SE TEE? HITH MAIL LAND5r-APED STONE FIN. G DE FIN. GRADE STE_5 UNIT5_5TAC,�Ell FRICTION CONCRETE 1LOATIN6 SLAB 'OR LANDSC-APE OF t14TS 'CON METE PIERS IN I'jOF PIERS ^a FRONT ELEVATION- SECTION . ������� x@���;/�n| _ 3'-0' BLACK IRON ROM HANDRAIL SEPARATED �ITH '--'-----'-----'--' . EXPANSION 5EPARAT ON | || | BO7rOM OF . ------'------ --- -- '-----------'--' A-I SIDE SCALE 1/4–V-0 _–_–_---_ Replacement – Existing Deck 85 Moon Point Dr. �— 5~~,^IP Elevations - sectinns°ith Plan dimensions =~/A�~~` Joe Lane A02 Page 15 Of77 COMMITTEE OF ADJUSTMENT NOTICE OF DECISION Submission No. 2008 -A -34 —Lane, 85 Moon Point Drive, Plan 920, Lot 25 (Formerly Township of Orillia) IN THE MATTER OF the Planning Act, 1990, as amended, Section 45 (1)(2)(8)(9) and (10), and IN THE MATTER OF an application to the Committee of Adjustment submitted with respect to 2008 -A- 34 - 85 Moon Point Drive, Plan 920, Lot 25 (Formerly Township of Orillia), now in the Township of Oro - Medonte. The Committee, in making the decision upon this application have considered whether or not the variance requested was minor and desirable for the appropriate development and use of the land and that the general intent and purpose of the Zoning By -law and the Official Plan will be maintained, or in the case of a change in a use of property which is lawfully non - conforming under the By -law as to whether or not this application has met the requirements of Section 45 (2) of the Planning Act. The following is the Decision of the Committee: It is recommended that Committee of Adjustment approves Variance Application 2008 -A -34, being to recognize the stairs used to access the existing dwelling, having a minimum front yard setback of 5.9 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 survey /real property report so that the stairs be located no closer than 5.9 metres from the front lot line; 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.0.1990, c.P. 13. Dated this 21 st day of August, 2008. Z Lynda Aiken Bruce 6appall Garry Po der Michelle Ly ch, Chair Rick Webster i Steven Farquharson Secretary Treasurer Carried. NOTICE IS HEREBY GIVEN THAT THE LAST DATE FOR APPEALING THE ABOVE DECISION AND /OR CONDITIONS TO THE ONTARIO MUNICIPAL BOARD IS SEPTEMBER 10T", 2008. ti ti O (D t) M 0- Joe Lane From: C.T. Strongman Surveying Ltd. [strongman Oorilliapronet.com] Sent: Monday, November 17, 2008 4:35 PM To. joe@lanecontracting.com Subject: Distance from steps to limit of Moon Point Drive, 85 Moon Point Drive Joe. The north -west corner of the steps are 14.36 feet (perpendicular) from the road limit. The south -west corner of the steps are 16.27 feet (perpendicular) from the road limit. Steve Lougheed, For C.T. Strongman. OLS C.T. Strongman Surveying Ltd. 4145 Burnside Line, R.R. #4 Orillia, Ontario L3V 6H4 Tel: 705 -329 -0765 Fax: 705- 329 -0424 strongman@oriUiapronet.com 11 172008 r` r` 0 r` a� c>3 a PART 2 - SURVEYORS REAL PROPERTY REPORT Description of Land Being composed of all of Lot 25, Registered Plan 920 (Geographic Township of South Orillia) Township of Oro - Medonte, County of Simcoe, being more particularly described in Property Identifier No. 58567 -0039 (LT) and being known municipally as 85 Moon Point Drive. Registered Easements an4Lor Rights- of -Wav Nil Encroachmeata Note that the neighbours deck (Lot 24) is encroaching over the southerly boundary of Lot 25 by up to 1.7 feet as more particularly noted on Part 1 of this report. Compliance with Municipal Zoning By -Laws Not certified by this report Additional Remarks Note that the one storey stucco clad dwelling and aluminum clad boathouse known municipally as 85 Moon Point Drive are both located wholly within the boundaries of Lot 25, Registered Plan 920 as indicated by the tie distances from the building comers to the property lines as more particularly noted on Part 1 of this report. The subject lands have a frontage of 147.72 feet measured along the easterly limit of Moon Point Drive and extend easterly to the present waters edge of Lake Simcoe where the property has a frontage measured along the present waters edge of the lake of approximately 92 feet. During the course of the field work, we have located the various iron bars monumenting or witnessing the exterior angles of the subject lands and marked same in order that all concerned parties will have no problem in ascertaining the location of the iron bars as same are situate on the ground. This report is to be read in conjunction with Part 1 of the Surveyors Real Property Report being C.T. Strongman Surveying Ltd., Drawing C -4574 dated October 27, 2008. C.T. STRONGMAN SURVEYING LTD. ONTARIO LAND SURVEYORS Orillia, Ontario. October 27, 2008 per: C.T. Strongman, B.Tech., OLS ti ti 0 co N 0) M 0_ Agenda Item # 5a) - 2008-A-34 (Lane) 85 Moon Point Drive Variance from Front S... Page 19 of 77 MOON POINT E:l 0 0 fr OHN Moo LAKE SIMCOE SUBJECT LANDS 0 45 90 180 270 360 Meters Page 19 of 77 y � z K yy_� _ • r a• �, ... _ �, -sue. M ti t tA At +t' a Mot . View � I T 4a fn:ca{ S' r $ • • • - 4 5 _ P � 11OFFrom Driveway 1 y'�f 4 loarorhip �;;; t 0 0v��lledarit+✓ 1'ru.d /fnitaRe E.cc;tiny Fuu.rc TOWNSHIP OF ORO- MEDONTE REPORT Application No: To: Committee of Adjustment Prepared By: 2009 -A -09 Steven Farquharson, Intermediate Planner Meeting Date: Subject: Consent Application Motion # May 21, 2009 (Barry and Heather Colquhoun) 327 Horseshoe Valley Road East, Lot 1, Concession 9 Roll #: R.M.S. File #: 4346- 010- 0044500 D13 -39218 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 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 survey /real property report that the detached garage be no larger than 75 square metres, 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 notwithstanding Section 5.1.3(a) and 5.1.6 of Zoning By -law 97 -95, the detached accessory structure will otherwise comply with all other applicable provisions for such structures as prescribed by Zoning By -law 97 -95; 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. BACKGROUND: The purpose of this report is to consider Variance Application 2009 -A -09, for relief from the Township's Comprehensive Zoning By -law in relation to the required location and maximum floor area for an accessory building provision. ANALYSIS: The applicant is proposing to construct an accessory structure to an existing single detached dwelling. The garage is proposed to have a ground floor area of 75.6 square metres (814 square feet). The applicant is requesting the following relief from Section 5.1.3 and Section 5.1.6 of Zoning By -law 97 -95: Rural Residential Two (RUR2) Zone: Re uired Section: 5.1.6 Maximum Floor Area: 70 sq. m. Development Services Application No. 2009 -A -09 Proposed 75.6 sq m. Meeting Date May 21, 2009 Page 1 of 4 r` r` 4 0 N N a� M 0- Section 5.1.3 Permitted locations for detached accessory buildings and structures in all zones a) Not be located in the front yard. Notwithstanding this provision, a detached private garage is permitted in the front yard of a lot that abuts Lake Simcoe or Bass Lake provided it is set back a minimum distance equal to the required front yard for the main building from the front lot line. PROPOSED to be located in the front yard approximately 12.8 metres from the front lot line. FINANCIAL: Not applicable. POLICIES /LEGISLATION: Does the variance conform to the general intent of the Official Plan? The property is designated Oro - Moraine- Natural Core /Corridor Area in the Official Plan. Section 131.10.1.3 which contains the policies for the permitted uses within the Oro - Moraine- Natural Core /Corridor Area. It states that the "permitted uses on lands designated Oro- Moraine — Natural CorelCorridor Area on the schedules to this plan are single detached dwellings and accessory uses on existing lots." Therefore, the proposed detached accessory building would be considered a permitted use in the Oro- Moraine- Natural Core /Corridor Area designation. On this basis the proposal is considered to conform to the general intent of the Official Plan. Does the variance comply with the general intent of the Zoning By -law? The subject property is zoned Rural Residential Two (RUR2) and Environmental Protection (EP) Zone. The Rural Residential Two Zone permits single detached dwellings and accessory buildings. For the application at hand, the location of the proposed new garage would comply with all minimum required front, side, and rear yard setbacks. The minimum required front yard setback is 8.0 metres. The proposed garage is also in compliance with maximum height provisions, along with the maximum lot coverage requirement. The proposed garage also meets the required 30 metres setback from the Environmental Protection (EP) Zone boundary line. With respect to floor area, the intent of the Zoning By -law in limiting the size of any one accessory structure floor area at 70 square metres and is to ensure that the building remains clearly secondary to the primary permitted use of the lot. In this case, the dwelling on the subject lands has a floor area of 149 square metres (1608 square feet), and as such the proposed garage would remain visually - secondary to the existing dwelling. Nothwithstanding, Sections 5.1.3(a) and 5.1.6, the proposed garage meets the provisions of accessory building as outlined within the Zoning By -law. Therefore, the variance is considered to comply with the general intent of the Zoning By -law. Is the variance appropriate for the desirable development of the lot? The proposed new garage, being approximately 75 square metres, would be a minimal increase of the floor area permitted by Section 5.1.6 of the Zoning By -law. The location of the proposed garage Development Services Meeting Date May 21, 2009 Application No. 2009 -A -09 Page 2 of 4 r` r` 0 (Y) N N rZ in the front yard is due to the significant wetlands being located in the rear of the property. The proposed location will also allow for there to be a minimum tree removal which will allow for the rural character to remain unchanged. The applicant conducted a site visit with the Nottawasaga Valley Conservation Authority, and they have indicated that they have no objection to the proposed garage and have issued a permit which is attached for the Committee's reference. A site inspection, showed that the subject property contained significant tree cover, which will provide a degree of visual buffering between the neighbouring dwellings, and the proposed garage. On this basis, the proposal is considered appropriate for the desirable development of the subject lot. Is the variance minor? As this application should not adversely affect the character of the surrounding area, the proposed variance is considered to be minor. CONSULTATIONS: Public Works Department- No Comments Building Department- Proposal appears to meet minimum standards Engineering Department — No Concerns Nottawasaga Valley Conservation Authority- No Objection ATTACHMENTS: 1. Location Map CONCLUSION: In the opinion of the Planning Department, Variance application 2009 -A -09, being an application to consider an accessory building with an area of 75 square metres to be located in the front yard, appears to meet the tests of the Planning Act. Respectf s- dbmitted: S Farquharson Intermediate Planner Reviewed by: Glenn White, MCIP, RPP Manager, Planning Services Development Services Meeting Date May 21, 2009 Application No. 2009 -A -09 Page 3 of 4 r` r` 0 N N 0) c� a SCHEDULE 1: LOCATION MAP 2009 -A -09 (Colquhoun) h i i HORSESHOE - VALLEY ROAD m z J ® SUBJECT LAND (S + 0 20 80 120 160 I Meters Development Services Meeting Date May 21, 2009 Application No. 2009 -A -09 Page 4 of 4 ti ti O LO N N 0) (6 0- Agenda Item # 5b) - 2009 -A -09 (Colquhoun) 327 Horseshoe Valley Road East Varia... Page 26 of 77 Agenda Item # 5b) - 2009 -A -09 (Colquhoun) 327 Horseshoe Valley Road East Varia... Farquharson, Steven From: Timothy Salkeld [tsalkeld @ nvca.on.ca] Sent: May -08- 0911:41 AM To: Farquharson, Steven Subject: RE: Minor Variance Application Attachments: DOC.PDF Hi Steve. Barb and I were out to see this site together. The NVCA has no objection to the approval of the minor variance application and we have issued the attached permit for the proposed development. Regards; This e -mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of the original message From: Farquharson, Steven [mailto :sfarquharson @oro- medonte.ca] Sent: Friday, May 08, 2009 9:54 AM To: Timothy Salkeld Subject: Minor Variance Application Good Morning Tim, Please find the attached application for a minor variance application on Horseshoe Valley Road East. I understand from the applicant that you did a site visit and are aware of this application. If you can please review and provide comments that would be great. Regards, Page 27 of 77 Agenda Item # 5b) - 2009 -A -09 (Colquhoun) 327 Horseshoe Valley Road East Varia... �y pSACq °I GA 71014 P� FILE MY Nottawasaga Valley Conservation Authority Centre for Conservation John Hix Conservation Administration Centre Tiffin Conservation Area 8195 Concession Line 8, Utopia, Ontario LOM 1TO Telephone: 705.424.1479 Fax: 705.424.2115 Email: 4d6n @nvca.on.ca April 29, 2009 PERMIT #2009 -6024 i In accordance with Section 28 (1) of the Conservation Authorities Act, R.S.O. 1990 and Ontario Regulation 172/06, permission has been granted to the applicant, subject to the conditions below, if you do not agree with these conditions, you have a right to a Hearing under the Conservation Authorities Act. Please notify the Nottawasaga Valley Conservation Authority (NVCA) within 30 days of receipt of this permit to exercise your right to a Hearing. Should you fail to notify the NVCA within 30 days of receipt of this permit, you will agree to the conditions as set out below. APPLICANT: Heather & Barry Colquhoun 327 Horseshoe Valley Rd. West Coldwater, Ontario LOK 1 EO LOCATION: Lot 1, Concession 9, Township of Oro Medonte, County of Simcoe Property Assessment Roll #: 4346010004045 UTM Coordinates: Easting 611248, Northing 4937389 PROPOSAL: for the construction of a new structure (garage), and placement of fill (extend existing driveway) at the above noted location as indicated on the attached or noted drawings /reports, subject to the following conditions: This permit is valid from Kimi SPECIAL PERMIT CONDITIONS 1) That consent is given to NVCA, its employees and other persons as required by NVCA, to access the property for the purpose of inspection, obtaining information, and or monitoring any and all works, activities and or construction pertaining to the property in addition to the works as approved under cover of any permit issued by NVCA. 2) That the works be carried out in accordance with the following submissions: • Site plan drawing submitted with permit application (on file) 3) All materials and equipment used for the purpose of site preparation and project completion shall be operated and stored in a manner that prevents any deleterious substance from entering the water. Vehicular re- fuelling and maintenance should be conducted well away from the water. 4) That nothing herein authorizes any person to carry out any work or undertaking, which may result in harmful alteration, disruption or destruction of fish habitat or any fishery. 5) Please note that this permit is only valid if approvals, agreements or permits are received from all other agencies having jurisdiction. ./2 Page 28 of 77 Agenda Item # 5b) - 2009 -A -09 (Colquhoun) 327 Horseshoe Valley Road East Varia... Page 2 of 2 STANDARD PERMIT CONDITIONS 6) That all development and site alteration is subject to all othey applicable federal, provincial and municipal statutes, regulations and by -laws, such as the Municipal Act, Zoning and Tree - Cutting By- Laws, the Federal Fisheries Act, Navigable Waters Act,,/Public Lands Act, Lakes and Rivers Improvement Act, Drainage Act, Environmental Protection Act and the Ontario Water Resources Act. 7) That this permit does not confer upon you any right to occupy, develop or flood lands owned by other persons or agencies. 8) That appropriate erosion and sediment control measures are installed prior to construction and maintained until all disturbed areas are stabilized, to ensure that sediments do not enter any water- course, wetland, lake, pond or sensitive area within the development or adjacent properties. When an erosion and sediment control plan appears to be inadequate, the deficiencies must be addressed and additional measures or practices implemented as needed. It is the responsibility of the owner and the owner's representative (if contracted) to implement, monitor and maintain all erosion /sedimentation control structures and practices until vegetative cover has been successfully established. 9) That any excess excavated material must be placed at least 30 metres from any slope, lake, pond, wetland, watercourse, floodplain or adjacent property. That any fill material stock piled for longer than 30 days must be stabilized and re- vegetated to prevent erosion. 10) The soils disturbed during construction and access should be stabilized as soon as possible upon completion of work and restored to a pre- disturbed state or better. Disturbed areas should be re- vegetated /seeded when the growing season permits. From September 15 'h to April 30 ", structural stabilization techniques (e.g. application of erosion control blankets) should be utilized. 11) That the owner provides copies of this permit to any contracting or construction supervisor(s) who must have a copy of the permit available on -site for inspection by an officer when requested and that the owner ensure that all of the contractors and site supervisors are aware of the obligations under this permit including any obligations assigned by the owner to the contractors and supervisors. All contractors and site supervisors must be aware that they may also be held responsible for any violations in relation to the obligations outlined under this permit. Note: It is the responsibility of the applicant to carry out the works in accordance with the above conditions. Failure to due so may result in cancellation of the permit and possible action in accordance with the Conservation Authorities Act. Should you have any questions regarding this permit, please contact Barb Perreault - Environmental Officer at (705) 424 -1479 extension 245. Chris Hibberd IP, RPP — Director of Planning �a]r::bi�P. ult, C.E.T., LEO(C) Senior Environmental Officer Officer under the Conservation Authorities Act Copy: Township of Oro Medonte — Building /Planning Department File (1) Page 29 of 77 v c� m w 0 0 R c� m Q v Agenda Item # 5b) - 2009 -A -09 (Colquhoun) 327 Horseshoe Valley Road East Varia... Page 31 of 77 (D CA) K) 0 SURVEYOR'S REAL PROPERTY REPORT PART 1 PLAN 2F PAR— — jT _ CONCESS ' ON 9 TOWNSHIP OF ORO Move' IN T.a- TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE 1 EL CONES TED N Qt. THIS PLAN ARE IN rEF7 ANC SAN BE EL CONVLqD TO METRES 81 IJULTIPIY14D RY 0 3048 A AC HIS IZ _AD iN WITH SURVEY Rr--,CR-., � L :7 EL MAY 22, 19�7 N' �-JRL -AISAC- Clql DLARDErl AI —ANTON TZ; C.L i ,C v, ­ N­ CORNER ROAD ALLOWANCE BETWEEN TOWNSHIPS OF MEDONTE AND ORO LOT I CONCESSION 9 --COUNTY ROAD NO. 22 WIDENED BY INST 212971 SURVEYOR'S CERTiFICATE \ LTL) 1106964 ONTARIO LAND SURVEYORS v 7 , "T u It, ­7 512 'a r. A < "Ic L ;, ii---------------- O of SURVEYOR'S REAL PROPERTY REPORT PART 1 PLAN 2F PAR— — jT _ CONCESS ' ON 9 TOWNSHIP OF ORO Move' IN T.a- TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE 1 EL CONES TED N Qt. THIS PLAN ARE IN rEF7 ANC SAN BE EL CONVLqD TO METRES 81 IJULTIPIY14D RY 0 3048 A AC HIS IZ _AD iN WITH SURVEY Rr--,CR-., � L :7 EL MAY 22, 19�7 N' �-JRL -AISAC- Clql DLARDErl AI —ANTON TZ; C.L i ,C v, ­ •_. - - - _... - x D_. ,,. n.;' v -, _ _ : >u S,.o'. Gr DEARDEN ANC S_,ANTON' LTD. 0,L.Sl NOTES: LEGEND SURVEYOR'S CERTiFICATE DEARDEN AND STANTON LTL) 1106964 ONTARIO LAND SURVEYORS v 7 , "T u It, ­7 ­ GANADA—LANDS. SURVEYORS r. A % � f i f _ — Al V c0 CD w w 0 D c0 m Q v m N O 0 1p 6 m 0 c 0 CA) N 4 0 0 CD �mmll CD 0 Q m v v Agenda Item # 5b) - 2009 -A -09 (Colquhoun) 327 Horseshoe Valley Road East Varia... Page 34 of 77 in Q N ^'V �mm lV 'W V 1 O �1 PLAN 1 Area v4 aq ft. Page 36 of 77 i Valley Road s i 1 ysa a _ 0�11 J� 11 4 I w 7/ F. I *` 6 Page 38 of 77 v (D W O D c� m Q v (D 3 v, CT N O O 1p D 6 m n O c O co N v 2 O (D O (D < (D ZJ O Q m v v v (D O O D c� m Q v (D 3 v, CT N O O 1p D 6 m n O c O w N v 2 O (D O (D < (D ZJ O Q m v v TOWNSHIP OF ORO- MEDONTE 0 --offlk REPORT )roMa.,g, Fuilhw FN1lut Application No: To: Committee of Adjustment Prepared By: 2009 -B -13 Steven Farquharson, Intermediate Planner Meeting Date: Subject: Consent Application Motion # May 21, 2009 Del Coin Holdings Inc Part of Lot 15, Concession 1, Plan 51 R -29496 Roll #: R.M.S. File #: 4346- 030 - 012 -0220 D10 -39180 REQUIRED CONDITIONS: The following 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 severed lands be merged in title with 5219 Highway 11 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; 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. BACKGROUND: The applicant is proposing a boundary adjustment to convey approximately 0.4 hectares (0.98 acres) from the subject property to the neighbouring commercial lot being 5219 Highway 11 North. The proposed retained lot, would consist of approximately 5.4 hectares (13.5 acres), and is currently used for commercial operations with one building located on the lands. No new building lots are proposed to be created as a result of the lot addition. ANALYSIS: The purpose of application 2009 -B -13 is to permit a lot addition /boundary adjustment. The proposed lot addition will result in no increase in frontage along Highway 11, with a depth of approximately 60 Development Services Meeting Date: May 21, 2009 Application No. 2009 -B -13 Page 1 of 4 r` r` 4- 0 a� c� a metres and an area of approximately 0.4 hectares. The proposed enhanced lot being 5219 Highway 11 North, will have a new total lot area of approximately 0.86 hectare. No new building lot is proposed to be created as a result of the lot addition. FINANCIAL: Not applicable. POLICIES /LEGISLATION: OFFICIAL PLAN The subject lands are designated Restricted Rural and Commercial by the Official Plan (OP). Section D2 of the OP contains policies with respect to subdivision of land. Specifically, Section D2.2.2 - "Boundary Adjustments ", provides the following guidance for Consent Applications in general: "a consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created... the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected." With respect to the application at hand, no new building lots are proposed. As such, the proposed boundary adjustment is generally in keeping with the intent of the Commercial and Restricted Rural policies stated in the Official Plan, and otherwise conforms with the boundary adjustment policies contained in Section D.2.2.2. Due to the proposed boundary adjustment on the subject lands having a split designation in the Official Plan, Section E1.8, applies to the application at hand. This Section of the Official Plan states: "Where the general intent of the document is maintained, minor adjustments to boundaries will not require amendment to this Plan" An objective of the Restricted Rural designation is to discourage the development of scattered residential, commercial and industrial uses in the area surrounding Barrie and Orillia. The subject property is located in a concentration of commercial activates along Highway 11. The proposed lot addition would add lot area to the existing commercial use. The general intent of the Official Plan is maintained. ZONING BY -LAW The subject property is currently zoned Agricultural /Rural (A/RU) Zone in the Township's Zoning By- law. The lot to be enhanced, 5219 Highway 11 North, is also zoned General Commercial (GC) Zone and currently contains a commercial building. The applicant has indicated that the intended use on the portion of the lands to be conveyed will remain vacant. If the applicant is wishing to utilize the lands being conveyed as part of the existing commercial operations on the enhanced lot, than a rezoning will be required. The enhanced lot will have a total area of approximately 0.86 hectares. Therefore, the application would comply with the provisions as prescribed by the Zoning By -law. CONSULTATIONS: Development Services Meeting Date: May 21, 2009 Application No. 2009 -B -13 Page 2 of 4 r` r` 0 N a� 0) c� a Public Works Department - Building Department - Engineering Department — ATTACHMENTS: Schedule #1- Location Map CONCLUSION: It is the opinion of the Planning Department, that Consent application 2009 - &13, for a boundary adjustment would appear to conform to the general intent of the Official Plan, and maintains the use and setback provisions of the Zoning By -law. Respectfully submitted: S n Farquharson, B.URPL Intermediate Planner Reviewed by: Glenn White Manager, Planning Services Development Services Meeting Date: May 21, 2009 Application No. 2009 -B -13 Page 3 of 4 r` r` 0 co a� 0) M a SCHEDULE 1: LOCATION MAR 2609 -B -13 (Del Coin Holdings Inc) r�A' � fF Z f / J �f 5219 HIGHWAY 11 NORTH tf� off RETAINED LANDS f f'ai'r /r 13 LINE 14 SOUTH v r W Z ai LANDS TO BE CONVEYF:D ENHANCED LOT 0 20 40 60 126 164 Makers Development Services Meeting Date: May 21, 2009 Application No. 2009 -B -13 Page 4 of 4 ti ti 0 (D 0) M a Agenda Item # 5c) - 2009 -B -13 (Del Coin Holdings Inc) 13 Line 14 South Boundar From: Polus. Asia (MTO) To: Farquharson, Steven Cc: Iannacito. Phil (MTO) Subject: FW: Consent Application 2009 -B -13 Date: May -14 -09 1:46:34 PM RE: Committee of Adjustment Notice of Hearing Application by Del Coin Holdings Inc. - 2009 -13 -13 Part Lot 15, Concession 1, 5219 Highway 11 North Township of Oro - Medonte We have reviewed the above noted circulation, dated May 08, 2009 and have the following comments: The ministry has no objection to the proposed lot addition. The applicant should be aware that any proposed development of the land, including any new buildings, any extension to the existing buildings, sewers, requires ministry review and approval. Ministry permits are required for all structures above and below ground, located within 45m from our highway property limit or 396m from ministry intersection. In general, the applicant should be aware that all new buildings and structures, above and below ground, must be setback a minimum distance of 14.0m from highway property limits. Sign permits are also required for any visible signing within 400m from the Highway 11 property limits. Please advise the property owner that an MTO Building and Land Use permit will be required prior to the start of any construction and all inquires should be forwarded to Phil Iannacito, Permit Officer for this area and he can be reached at 416- 235 -4592. If you need any further information, please do not hesitate to contact me. We request your co- operation in advising the applicant of the above noted matters. Sincerely, W. Asia Polus Corridor Management Technician Ministry of Transportation Engineering Office, Central Region Corridor Management Section 7th Floor, building "D" 1201 Wilson Avenue Downsview, Ont M3M 1J8 Tel. 416 - 235 -3991 Fax 416 - 235 -4267 From: Iannacito, Phil (MTO) Sent: May 8, 2009 10:53 AM To: Polus, Asia (MTO) Cc: Cane, Bruce (MTO) Subject: FW: Consent Application Hi Asia, Please review and provide comments to oro- medonte. Thanks, Page 45 of 77 Agenda Item # 5c) - 2009 -B -13 (Del Coin Holdings Inc) 13 Line 14 South Boundar Phil. - - - -- Original Message---- - From: Farquharson, Steven [mailto :sfarquharson @oro- medonte.ca] Sent: May 7, 2009 3:17 PM To: Iannacito, Phil (MTO) Subject: Consent Application Good Afternoon Phil, Please find at the attached consent application for a boundary adjustment to a property that fronts onto Highway 11 North. If you have any questions please feel free to contact me. Regards, Steven Farquharson Intermediate Planner Township of Oro - Medonte 191 1 This e -mail may contain PRIVILEGED AND CONFIDENTIAL INFORMATION and is intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, please notify the sender by e- mail. Further, you should not copy, disclose, or distribute this e-mail or its contents to any other person and any such actions are unlawful. This e -mail may contain viruses. The Township of Oro - Medonte has taken every reasonable precaution to minimize this risk, but is not liable for any damage you may sustain as a result of any virus in this e-mail. You should carry out your own virus checks before opening the e-mail or attachment. The Township of Oro - Medonte reserves the right to monitor and review the content of all messages sent to or from this e -mail address. Messages sent to or from this e -mail address may be stored on the Township of Oro- Medonte's e- mail system. Page 46 of 77 i Page 47 of 77 ti ti 4- 0 co a� c� a ti ti 4- 0 rn a� c� a ti ti 4- 0 0 LO (1) c� a ti ti 4- 0 LO (1) c� a ti ti 4- 0 N LO N Page 53 of 77 Agenda Item # 5c) - 2009 -13-13 (Del Coin Holdings Inc) 13 Line 14 South Boundar uharson, Steven From: Ian Walker [I.Walker@lsrca.on.ca] Sent: May -21 -09 9:19 AM To: Farquharson, Steven Subject: 2009 -B -13 (PLDC918) 13 Line 14 South & 5219 Highway 11 Good morning Steven, in regards to the above noted file, LSRCA has no objection. Please note the fee of $300.00 as per the LSRCA fees policy is outstanding. Please copy the landowner to advise. I will follow up with formal comments on letterhead in the near future, for your file. Please note, in reviewing the regulation mapping, the above noted property (5219 Highway 11) is adjacent to the area regulated by this Authority, but is currently outside the regulation limit. The proposed lot boundary adjustment is not within a hazard area identified by LSRCA under Section 3.1 of the Provincial Policy Statement, 2005 (PPS). Ian Walker . Environmental Planner Lake Simcoe Region Conservation Authority 120 Bayview Parkway, Box 282 Newmarket, ON L3Y 4X1 Phone: or 905- 895 -1281 x287 Fax: 905- 853 -5881 Email: i.walker @lsrca.on.ca Website: www.lsrca.on.ca Page 54 of 77 S: luwttship �.J 0 0.��,Tf,�.�t� !'rood H—g,, F.e Wq Fu TOWNSHIP OF ORO- MEDONTE REPORT Application No: To: Committee of Adjustment Prepared By: 2009 -B -14 Steven Farquharson, Intermediate Planner Meeting Date: Subject: Consent Application Motion # May 21, 2009 William Beaton Part of Lot 1, Concession 9 Roll #: R.M.S. File #: 4346- 020 - 010 -1000 D10 -39220 REQUIRED CONDITIONS: The following 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 severed lands be merged in title with 336 Horseshoe Valley Road East 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. BACKGROUND: The applicant is proposing a boundary adjustment to convey approximately 0.2 hectares (0.49 acres) from the subject property to the neighbouring residential lot being 336 Horseshoe Valley Road East. The proposed retained lot, would consist of approximately 19.5 hectares (48.3 acres), and is currently used for agricultural purposes and contains one agricultural building. The applicant has indicated that the lands to be conveyed contain a barn, which the owner does not currently use. It is the intention of the owner of the enhanced lot, to maintain and repair the barn. No new building lots are proposed to be created as a result of the lot addition. ANALYSIS: Development Services Meeting Date: May 21, 2009 Application No. 2009 -13-14 Page 1 of 4 r` r` 4- 0 L0 L0 (1) cc a The purpose of application 2009 -B -14 is to permit a lot addition/boundary adjustment. The proposed lot addition will result in no increase in frontage along Horseshoe Valley Road East, with a depth of approximately 55 metres and an area of approximately 0.2 hectares. The proposed enhanced lot being 336 Horseshoe Valley Road East, will have a new total area of 0.5 hectare. No new building lot is proposed to be created as a result of the lot addition. FINANCIAL: Not applicable. POLICIES /LEGISLATION: OFFICIAL PLAN The subject lands are designated Agricultural by the Official Plan (OP). Section D2 of the OP contains policies with respect to subdivision of land. Specifically, Section D2.2.2 - "Boundary Adjustments ", provides the following guidance for Consent Applications in general: "a consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created... the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected." With respect to the application at hand, no new building lots are proposed and it appears would not affect the viability of the current agricultural use on the retained lands. The subject lands contains a barn which the owner does not use. As such, the proposed boundary adjustment is generally in keeping with the intent of the residential policies stated in the Official Plan, and otherwise conforms with the boundary adjustment policies contained in Section D.2.2.2. ZONING BY -LAW The subject property is currently zoned AgriculturaVRural (A/RU) Zone in the Township's Zoning By- law. The lot to be enhanced, 336 Horseshoe Valley Road East, is also zoned Agricultural/Rural (A/RU) Zone and Environmental Protection (EP) Zone and currently contains a single detached dwelling and an accessory building. The intended use on the enhanced lot is to remain residential. The enhanced lot will have a total area of approximately 0.5 hectares. Therefore, the application would comply with the provisions as prescribed by the Zoning By -law. CONSULTATIONS: Public Works Department - Building Department - Engineering Department - ATTACHMENTS: Schedule #1- Location Map Development Services Meeting Date: May 21, 2009 Application No. 2009 -B -14 Page 2 of 4 r` r` 4- 0 m L0 (1) c� a CONCLUSION: It is the opinion of the Planning Department, that Consent application 2009 -B -14, for a boundary adjustment 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: S Farquharson, B.URPL Intermediate Planner Reviewed by: Glenn White Manager, Planning Services ti ti 0 ti LO (D 0) M a Development Services Meeting Date: May 21, 2009 Application No. 2009 -B -14 Page 3 of 4 SCHEDULE 1: LOCATION MAP 2009 -8 -14 (Beaton) Development Services Meeting Date: May 21, 2009 Application No. 2009-8-14 Page 4 of 4 ti ti 0 4-- CO LO (1) RETAINED LANDS 336 H,,,,,h,, Valley R,od East w Z -j 4� LlHORSE SH OE-VAL`LEY• ROAD TO BE CONVEYED LANDS ENHANCED I LOT ' 0 25 50 100 150 200 Meters Development Services Meeting Date: May 21, 2009 Application No. 2009-8-14 Page 4 of 4 ti ti 0 4-- CO LO (1) Agenda Item # 5d) - 2009-B-14 (Beaton) Part of Lot 1, Concession 9 Boundary a... Page 59 of 77 RETAINED LANDS Cl? 336 Horseshoe Valley Raod East w HORSES H 0 E-VALLEY- ROAD INDSTOBECONVEYED ENHANCED LOT 0 25 50 100 150 200 MME�� Meters Page 59 of 77 Agenda Item # 5d) - 2009 -B -14 (Beaton) Part of Lot 1, Concession 9 Boundary a... May 13, 2009 P",. Mon" Steven Farquharson, Secretary- Treasurer Membpr Committee of Adjustment MCI nit:ipalitiea Township of Oro - Medonte NLw Ter arroeri l P.O. Box 100 Adiala4or ,.w a Oro, Ontario, LOL 2X0 Amaranth Barrie Dear Mr. Farquharson; Th` HILm Mnurt " "5 Re: Application for Consent 2009 -113-14 (Beaton) 1314dhard -well GwIlhinhury West Pt. Lot 1, Concession 9, co vww Township of Oro - Medonte (Formerly Township of Medonte) ( "nl l u, gwriru l The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this application for consent which would facilitate a boundary adjustment and based upon our policies under the Conservation Authorities Act, we have no objection to its approval. Mon" Thank you for circulating this application for our review and please forward a copy of any decision. NLw Ter arroeri l Oro- Nredontc Sincerely, Carry I�iglrlarirls 5helbume spr "'8w""ef Tim Salkeld waslgaHeaeh Resource Planner Watyyerr,hed �. ointles, %i mcoo rJUPkdrl GFey Member of C617servii7g oiir Healthy Waters ', GO Ao(,VSACf ":4•_Li= ��rGi �IiQfW, .,T i��� €��' �ci71i i�� i,-�i ti- ��r��i� t::o7,Ht -It i :Xi C}IW7 _ie,zi.o. 5 4, 4,1 "ro,v' i tics Page 60 of 77 Agenda Item # 5d) - 2009 -B -14 (Beaton) Part of Lot 1, Concession 9 Boundary a... Page 61 of 77 Agenda Item # 5d) - 2009 -B -14 (Beaton) Part of Lot 1, Concession 9 Boundary a... al7nrn2vx' , L ML)FI_:K'1'Y REPORT .—L � 1%Grv1lA RM%FJBDAREASf7EONOMIC IC®TTIFY THAT: MMU3T TO 1HL N D9°2YB0" R OP 7 A L THE W"EY AND PLAN An ODRABLT AND IN OF TiC VALBY AC07RDANCI RnAD PART I - PLAN F SURVEY OF The house, deck, gnrnge, ASS CIATION OF ONTARIO PART OF LO 1 "I� and nT dM Ere wholly NO SURVEYORS CONCESSIO situated an the lot 9 114 SURVEY WAS CFOx__.. � Y. I Ll f - P N SUBMISSION FORM 1424436 GEOGRAPHIC TO OF MEDONTE D EST. NM RW4719 P 1D0'. RATJ 2129'77 TOWNS OF ORO- MEDONn plan Land tea he cv- overfed tD nwttea bl vw1UPFYb'b �0 � COUNTY OF SIB COE CaPI'dEhl - P.J. AAurBdd, SCAM I NCR 0 FEET UN 1113 PLAN IS NOT VALID SS IT IS AN EMBOSSED P J• 60 EMT SFMD O.L.S.-2002 13 ORIGINAL COPY ED BY THE SURVEYOR In ettordance with r Rapt/ IIOe 1016, Sullen 29131. `�Vf PIN 29-OW (LI) oae� N 59'23'1(r 13 136.00 / RAIL FENCE TR to Tee mo r — ' 57-V U G f NC'U-eoY WELL FRAi�ffi ? 'ad 41 V" F C I r 1 GARAGE: kC (-�G✓'10 7V DISH �r� wl 2T Gp ce u l t r -e d .0 -SNP >: 9 �+ 94 PIN 58529-0041 (LI) AREA - OAM ACRES 3 `' z g _ N 59"22'50" E 147.06' t PART 2 EXPROPRIATION PLAN 212M �o — (967) N59�i'10'B— — —�r_� 147.9P�1b_llD — HORSESHOE VALLEY ROAD PIN ORIGINAL ROAD ALLOWANCE BETWEEN TOWNSI-IIPS OF ORO AND M6DONTELT' 1 AV1GS AND= 5UMVEYOR`SCERTIFICATE RM%FJBDAREASf7EONOMIC IC®TTIFY THAT: MMU3T TO 1HL N D9°2YB0" R OP 7 A L THE W"EY AND PLAN An ODRABLT AND IN OF TiC VALBY AC07RDANCI RnAD AS WUMM By OMA R N �ROPRIATION Wr7H THE SURVEYS ACT', TM SURVHW" ACT. TM RWVM ACT AND THH [AND PETER ER A SF�L D13iVI8S TrnM ACT AND 71E RECIJIAMNS CINDER illl0t. . 1�' V ■ POl1FID SURVEY BAR O SET SURVEY SAM zm t:rAtvDAlrn EBDN EAR 114 SURVEY WAS CFOx__.. � Y. I Ll f - YCI1_ SB cwwrAIN Ow9cwr EARM ONTARIO IAN ue 7M72"832 m IRON BAR MR ICL49LIXED DATE P. .:�~ «••••• D EST. NM RW4719 P 1D0'. RATJ 2129'77 ONTARIO LAND 6I7RVBYC7R T-------- ---- -- , ------- - - - - -- I AtEfRIC NOM Dlatancee e8oevn m fli8e ells In Acet Job No. 02 - 2733 plan Land tea he cv- overfed tD nwttea bl vw1UPFYb'b �0 � CaPI'dEhl - P.J. AAurBdd, Page 62 of 77 Agenda Item # 5d) - 2009 -B -14 (Beaton) Part of Lot 1, Concession 9 Boundary a... i ( 1.1-e b cc,f-r-\- ko, S n ry p C1} 5 nU wC� Page 63 of 77 kAc� 'cc 0 -e jcu tit o ; cs, I H-7 � 54 . I F y4 i y� is we (64 SD 1� �� 9<,rt {. HORSESHOE VALLEY k — ( 1.1-e b cc,f-r-\- ko, S n ry p C1} 5 nU wC� Page 63 of 77 ti ti 4- 0 a� c� a ti ti 4- 0 LO m (1) c� a .. 'i' - � S "` . t F -. � I .. A ti §e±� : ©a \\ :+�: . ^ .� .� %a / /ft \� \ :5• . �- • � f A Yr fir' � � S . -� - .' • ' 1. � e t�'. _ �.. .t ,_�.. , .� r `1 _. � _ �.. -. _ _sue•. •_- '.. •' ..__ t ", A � 1, ,3iL�`, �``' . r v Page 70 of 77 ti ti 4- 0 N ti N I ll -sue . 4k. Al, wl ll -sue ti ti 4- 0 ti a� c� a iz M MI ., i iH Agenda Item # 5d) - 2009 -B -14 (Beaton) Part of Lot 1, Concession 9 Boundary a... 4t�S AA-- --,�� J Watershed couni:ies ,411, (K, D wl_f €?r; i i (;rco y Coiiservcqg eater fl ahi y 101af &is PART?, ANASACA N44a LCY CONSER A-RON AUTHOR €T ' Ventre {er Cnnserv�t(nr7 t nn ervatT n lohn I ), Conser,ation A,ntir Yatbo-n C rrere Gf.n c nsrry tion ,' a „:9 11 Ott L t i fJtowa ,0(1 LGM i M ilt�TtRtt) �, eCeD lr_i c:.Q5 4241479 ��x: i��:42A.L7 t Nn _ s :v vra,_n.� �,ma�, .. IYYJ,.VC�i. {Ai Ga Page 77 of 77 May 13, 2009 Steven Farquharson, Secretary- Treasurer Member Committee of Adjustment Municipalities Township of Oro - Medonte P.O. Box 100 Oro, Ontario, LOL 2X0 Dear Mr. Farquharson; ho YI"'� Nin""t ""5 Re: Application for Consent 2009 -B -14 (Beaton) BNOjMdAW'4 G1A1i1uf+ttMr\., West Pt. Lot 1, Concession 9, cat :,ru�;u Township of Oro - Medonte (Formerly Township of Medonte) f�ijl�t�tvt7cacl The Nottawasaga Valley Conservation Authority .(NVCA) has reviewed this application for consent which would facilitate a boundary adjustment and based upon our policies under the Conservation Authorities Act, we have rhoo no objection to its approval. :��C711i5 Thank you for circulating this application for our review and please forward a copy of any decision. N'" unlseth Orr,� Sincerely, Gti :y PreP;ix;,rih C S1� tih €3..krttmc? . =`�rina " „er Tim Salkeld Resource Planner Watershed couni:ies ,411, (K, D wl_f €?r; i i (;rco y Coiiservcqg eater fl ahi y 101af &is PART?, ANASACA N44a LCY CONSER A-RON AUTHOR €T ' Ventre {er Cnnserv�t(nr7 t nn ervatT n lohn I ), Conser,ation A,ntir Yatbo-n C rrere Gf.n c nsrry tion ,' a „:9 11 Ott L t i fJtowa ,0(1 LGM i M ilt�TtRtt) �, eCeD lr_i c:.Q5 4241479 ��x: i��:42A.L7 t Nn _ s :v vra,_n.� �,ma�, .. IYYJ,.VC�i. {Ai Ga Page 77 of 77