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07 16 2009 C of A AgendaTownship v~ Proud Heritage, ExCitifE~ Future Page TOWNSHIP OF ORO-MEDONTE COMMITTEE OF ADJUSTMENT MEETING AGENDA COUNCIL CHAMBERS Thursday, July 16, 2009 9:30 a.m. 1. OPENING OF THE MEETING BY THE CHAIR 2. ADOPTION OF AGENDA a) Motion to adopt the agenda. 3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" 4. ADOPTION OF MINUTES 3-14 a) Minutes of June 18, 2009 meeting. 5. PUBLIC MEETINGS: 15-17 a) 2009-B-24 - Terence and Mary Hunter 5696 Concession 4 North Creation of a new lot. 18-34 b) 2009-B-18 - Dr. David and Darcy Campbell 4335 Vasey Road, Lot 24, Concession 7 Boundary adjustment. 35-51 c) 2009-B-20 to 2009-B-23 - Tom Obradovich and Kathy Reid Lot 1, Concession 5 (Oro), south-west corner of Horseshoe Valley Road and Line 4 Creation of four (4) lots. 2009-A-18 - Tom Obradovich and Kathy Reid Lot 1, Concession 5 (Oro), south-west corner of Horseshoe Valley Road and Line 4 Variance for Lot 1 for minimum required lot area. 52-65 d) 2009-B-19 - Horseshoe Valley Lands Ltd 1101 Horseshoe Valley Road, Lots 1 & 2, Concession 4 Boundary adjustment. 66-79 e) 2009-A-15 to 2009-A-17 - 206334 Ontario Inc (Homire Subdivision) 1885 Warminster Sideroad Page 1 of 96 Committee of Adjustment - July 16, 2009. Page 5. 80-89 f) 6. 90-94 a) 95-96 b) 7. 8. PUBLIC MEETINGS: Variance for three (3) additional model homes. 2009-A-19 - Margaret Arnold 227 Bass Line, Concession 1, Part Lot 3 (Orillia) Variance for front and rear yard setback for a deck. NEW BUSINESS: Correspondence from Ann Budge dated June 21, 2009, re: Indian Park Association Applications for Creation of New Lots. OMB Appeal of 2008-A-51 (Mike Gannon), 6 Catherine Street NEXT MEETING DATE ADJOURNMENT Page 2 of 96 Agenda Item # 4a) - Minutes of June 18, 2009 meeting. Township of Amid Heritage, Excitlug Future TOWNSHIP OF ORO-MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Thursday, June 18, 2009 9:30 a.m. Present: Chair Michelle Lynch Member Rick Webster Member Garry Potter Member Lynda Aiken Member Bruce Chappell Staff Present: Steven Farquharson, Secretary Treasurer/Intermediate Planner; Meghan Keelan, Planner; Marie Brissette, Deputy Secretary Treasurer/Committee Coordinator; Jerry Ball, Director of Transportation and Environmental Services 1. OPENING OF THE MEETING BY THE CHAIR 2. ADOPTION OF AGENDA a) Motion to adopt Agenda. CA090618-01 Moved by Aiken, Seconded by Chappell It is recommended by the Committee of Adjustment that the agenda for the meeting of Thursday, June 18, 2009 be received and adopted. Carried. 3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - IN ACCORDANCE WITH THE ACT" None declared. 4. ADOPTION OF MINUTES a) Minutes of May 21, 2009. CA090618-02 Moved by Chappell, Seconded by Webster It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, May 21, 2009 be adopted as printed and circulated. Carried. Page 1 of 12 Page 3 of 96 Agenda Item # 4a) - Minutes of June 18, 2009 meeting. 5. PUBLIC MEETINGS: a) 2009-A-10 (Theodore and Susan Lunstead) 93 Shoreline Drive, Part of Lot 11 and 12, Plan 640A and Part 1 on 51 R- 8107 Variance from setback from average high water mark of Lake Simcoe. Mr. Theodore Lunstead and Mrs. Susan Lunstead, applicants, were present. Mr. Todd Casselman questioned whether the accessory structures (bunkies) would be removed and whether bond securities would be required to obtain a demolition permit for the removal of the structures. Mr. Jerry Ball, Director of Transportation and Environmental Services, was questioned as to the location and direction of the swale. CA090618-03 Moved by Aiken, Seconded by Chappell It is recommended that the Committee of Adjustment approves Variance Application 2009-A-10, being to provide relief from the Township's Comprehensive Zoning By-law in relation to the required setback for a structure from the Average High Water Mark of Lake Simcoe, 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 that the dwelling be located no closer than 15 metres from the average high water mark of Lake Simcoe; 2. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 3. That the applicant meet all requirements set out to them by the Lake Simcoe Region Conservation Authority, if applicable; 4. That the applicant install a swale to the satisfaction of the Township; 5. 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 by the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 2 of 12 Page 4 of 96 Agenda Item # 4a) - Minutes of June 18, 2009 meeting. b) 2009-A-11 (Andrew and Claudia Geen) 3 Nelson Street Variance from side yard, front yard and lot coverage. Mr. Andrew Geen and Mrs. Claudia Geen, applicants, were present. CA090618-04 Moved by Potter, Seconded by Chappell It is recommended that the Committee of Adjustment approves Variance Application 2009-A-11, being to construct a detached accessory building (2 car garage), to have an area of 52.0 square metres, subject to the following conditions. 1. That the detached accessory building, notwithstanding Section 5.1.3 a) and d) and Section 5.1.5, otherwise meet with all other provisions for detached accessory buildings; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying in writing that the detached garage be located no closer than 4.2 metres from the front property line; and that the detached garage be setback no closer than 0.2 metres from the interior side lot line; 3. That the applicant obtain any permits and/or approvals, if required, from the Nottawasaga Valley Conservation Authority; 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. Page 3 of 12 Page 5 of 96 Agenda Item # 4a) - Minutes of June 18, 2009 meeting. c) 2009-A-12 (Matthew McCowan) 152 Lakeshore Drive West Variance for increased floor volume in a required yard. Mr. Matthew McCowan, applicant, was present. CA090618-05 Moved by Webster, Seconded by Aiken It is recommended that the Committee of Adjustment approves Variance Application 2009-A-12, being to construct an addition onto the front and rear of an existing dwelling subject to the following conditions. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by pinning the footings and confirming that the proposed addition does not extend into the side yard further than the existing building, 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 5.16.1 b) of Zoning By-law 97-95, the addition to the single family dwelling 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. 5. That the applicant verify that the sewage system meets minimum required setbacks as per Part 8 of the Ontario Building Code. Carried. Page 4 of 12 Page 6 of 96 Agenda Item # 4a) - Minutes of June 18, 2009 meeting. d) 2009-A-13 (Blake and Patricia Partridge) 123 Lakeshore Road East, Plan 589, Lot 5 & 26 (Former Township of Oro) Relief from maximum lot coverage and maximum floor area. Mr. Blake Partridge, applicant, was present. CA090618-06 Moved by Chappell, Seconded by Webster It is recommended that the Committee of Adjustment approves Variance Application 2009-A-13, being to construct a detached accessory building (3 car garage), to have an area of 107 square metres (1151 square feet), 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 footings of the building and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report that the detached accessory building is no larger than 107 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 5.1.5 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. Carried Page 5 of 12 Page 7 of 96 Agenda Item # 4a) - Minutes of June 18, 2009 meeting. e) 2009-A-14 (Paula Wright) 127 Robinson Street, Lot 23, Plan 653 Variance from side yard setback for dwelling and boathouse. Ms. Paula Wright, applicant, and Mr. Andrew Windrow were present. CA090618-07 Moved by Aiken, Seconded by Webster It is recommended that the Committee of Adjustment approves Variance Application 2009-A-14, being to construct a two storey dwelling and boathouse, subject to the following conditions: 1. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 2. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 3. That the applicant obtain and/or approvals, if required, from the Lake Simcoe Region Conservation Authority 4. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying in writing that: a. The proposed dwelling setback does not exceed 1.27 metres to the west interior side lot line. b. The proposed boathouse setback does not exceed 0.91 metres from the east interior side lot line. Carried. Page 6 of 12 Page 8 of 96 Agenda Item # 4a) - Minutes of June 18, 2009 meeting. f) 2009-A-08 (Rob Butler) 67 Barrie Terrace Variance for front yard setback. Mr. Rob Butler, applicant, and Mr. Andrew McIntyre were present. Ms. Linda Ambrose-Roe expressed concerns over the on-going legal issues regarding the right-of-way, tree removal by hydro and continued development of the area. She reviewed the concerns listed in the correspondence she submitted. Mr. Harold Roe reiterated Ms. Ambrose-Roe's concerns. Clarification was provided as notice requirements under the Planning Act. Correspondence submitted by Carol Meissner, Matt Gariepy, Bernice Whelan, Klaus N. Jacoby, C. April Stewart, Gerald E. Norman were noted. CA090618-08 Moved by Potter, Seconded by Chappell It is recommended by the Committee of Adjustment that Application 2009-A- 08 be deferred until the issues of the Right-of-Way be clarified and registered on title. Carried. Page 7 of 12 Page 9 of 96 Agenda Item # 4a) - Minutes of June 18, 2009 meeting. g) 2009-B-12 (Barry and Susan Leigh) 290 Ridge Road Consent for Specialized Agricultural Use. Mrs. Susan Leigh, Mr. Barry Leigh, applicants, and Mr. Rick Jones, consultant, were present. Mr. Robert Blackmore expressed concern over the possibility of a future subdivision. Mr. Rick Fatherly noted the lot having previously been severed. Ms. Susan Leigh offered that the lot creation was necessary in order to operate a seperate business from the business currently being operated on the property. Correspondence from Craig Sophie, Michelle Fournier and Rober Blackmore Jr. were noted. CA090618-09 Moved by Potter, Seconded by Aiken It is recommended that the Committee of Adjustment grants provisional approval to Consent application 2009-B-12to the creation of a new specialized agricultural lot by way of severance; the land to be severed is proposed to have frontage along Ridge Road West of approximately 264 metres, a depth of approximately 302 metres, and a lot area of approximately 5.7 hectares; the land to be retained is proposed to have a lot area of approximately 49.5 hectares, and currently contains a dwelling and agricultural buildings, 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 and 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 $ 2,000.00 for the lot created as cash-in-lieu of parkland contribution; 5. That the applicant apply for a zoning amendment to reflect the proposed specialized agricultural use; 6. That the maximum total lot area for the new lot be no greater than 5.7 hectares; 7. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 8 of 12 Page 10 of 96 Agenda Item # 4a) - Minutes of June 18, 2009 meeting. h) 2009-B-15 (Jane Walsh) 1753 Ridge Road West Boundary adjustment. Mr. Chris Walsh was present on behalf of the applicant. CA090618-10 Moved by Chappell, Seconded by Potter It is recommendedthat the Committee of Adjustment grants provisional approval to Consent application 2009-B-15to permit a lot addition/boundary adjustment. The proposed lot addition will result in no increase in frontage along Ridge Road West, with a depth of approximately 256 metres and an area of approximately 0.18 hectares. The proposed enhanced lot being 1755 Ridge Road West, will have a new total lot area of approximately 1.0 hectare. No new building lot is proposed to be created as a result of the lot addition, 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 1755 Ridge Road West 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. 6. That the applicant obtain approval from the Transportation and Engineering Department of the County of Simcoe as per the conditions set out in their correspondence dated June 2, 2009. Carried. Page 9 of 12 Page 11 of 96 Agenda Item # 4a) - Minutes of June 18, 2009 meeting. 2009-B-16 (John and Nancy Cameron) 1384 Line 10 North Technical severance. Mr. John Cameron and Mrs. Nancy Cameron, applicants, were present. CA090618-11 Moved by Aiken, Seconded by Webster It is recommended that the Committee of Adjustment grants provisional approval to Consent application 2009-B-16, being a technical severance to create a lot which once existed as a separate parcel of land; the lands proposed to be severed would have a lot frontage along Line 9 of approximately 307 metres, a lot depth of approximately 593 metres, and a lot area of approximately 16.9 hectares; the lands to be retained would have a lot area of approximately 26.5 hectares and currently contain a dwelling and various outbuildings, subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor and 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; Furthermore, the legal description of the severed lot be identical to that contained in the original deed- and must be so designated on a Reference Plan to be provided by the Applicant; 3. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 10 of 12 Page 12 of 96 Agenda Item # 4a) - Minutes of June 18, 2009 meeting. j) 2009-B-17 (Dorothy Horne) 1192 Concession 12 North Ms. Dorothy Horne, applicant, Mr. Bob Horne and Mr. Daniel Horne were present. CA090618-12 Moved by Chappell, Seconded by Webster It is recommended that the Committee of Adjustment grants provisional approval to Consent application 2009-B-17, being a technical severance to create a new lot which once existed as a separate parcel of land; the lands proposed to be severed would have a lot frontage along Line 11 North of approximately 278 metres, a lot depth of approximately 728 metres and a lot area of approximately 20.2 hectares; the lands to be retained would have a lot area of approximately 39.6 hectares and currently contain a dwelling and various outbuildings, subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor and 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; Furthermore, the legal description of the severed lot be identical to that contained in the original deed- and must be so designated on a Reference Plan to be provided by the Applicant; 3. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. 4. That the applicant apply for a Holding Provision on the severed lands. Carried. Page 11 of 12 Page 13 of 96 Agenda Item # 4a) - Minutes of June 18, 2009 meeting. 6. NEW BUSINESS: 7. NEXT MEETING DATE July 16, 2009 8. ADJOURNMENT a) Motion to adjourn. CA090618-13 Moved by Chappell, Seconded by Aiken It is recommended that we now adjourn at 1:48 p.m. Steven Farquharson, Secretary Treasurer Michelle Lynch, Chair Carried. Page 12 of 12 Page 14 of 96 Agenda Item # 5a) - 2009-13-24 - Terence and Mary Hunter 5696 Concession 4 Nort L~~e~~~l~~clonte ('rnul HcrUU,Qr~ Faitittq Fx:~~re Application No: 2009-B-24 Meeting Date: July 16, 2009 Roll 4346-020-007-06300 REQUIRED CONDITIONS: BACKGROUND: TOWNSHIP OF ORO-MEDONTE REPORT To: Committee of Adjustment Prepared By: Steven Farquharson, Intermediate Planner Subject: Consent Application Motion # Terence and Mary Hunter Lots 17, Concession 4, 5696 Line 4 North R.M.S. File (Former Township of Medonte) D10-39507 The purpose of Consent application 2009-B-24 is to permit the creation of a residential lot. The lot to be severed is proposed to have 205 metres of frontage on Line 4 North, and a lot area of approximately 2.8 hectares. The proposed retained lot would contain approximately 165 metres of frontage on Line 4 North, and a lot area of 46 hectares. ANALYSIS: FINANCIAL: Not applicable. POLICIES/LEGISLATION: CONSULTATIONS: Public Works Department- Building Department- Engineering Department - Nottawasaga Valley Conservation Authority- Comments Forthcoming ATTACHMENTS: Schedule #1- Location Map Development Services Application No. 2009-13-24 Meeting Date: July 16, 2009 Page 1 of 3 Page 15 of 96 Agenda Item # 5a) - 2009-B-24 - Terence and Mary Hunter 5696 Concession 4 Nort CONCLUSION: It is recommended that the Committee defers Application 2009-13-24- Terence and Mary Hunter Lot 17, Concession 14 (Former Township of Medonte) in order to attain comments from the Nottawasga Valley Conservation Authority. Respectfully submitted: Reviewed by: Steven Farquharson, B.URPL Glenn White Intermediate Planner Manager, Planning Services Development Services Meeting Date: July 16, 2009 Application No. 2009-B-24 Page 2 of 3 Page 16 of 96 Agenda Item # 5a) - 2009-B-24 - Terence and Mary Hunter 5696 Concession 4 Nort... SCHEDULE 1: LOCATION MAP 2009-B-24(Hunter) I ill fyiCJC)NST,~)NE RC~AD ® W EJECT LANDS / 0 4590 130 270 300 rr~~ Meters f - Development Services Meeting Date: July 16, 2009 Application No. 2009-8-24 Page 3 of 3 Page 17 of 96 Agenda Item # 5b) - 2009-B-18 - Dr. David and Darcy Campbell 4335 Vasey Road, L... TOWNSHIP OF ORO-MEDONTE (t~ ei- ' l,, kr nlc•USE REPORT 14riJ Hrnmg~; F_ie ~tin,~+k~i~.<.e Application No: To: Committee of Adjustment Prepared By: 2009-B-18 Meghan Keelan, Planner Meeting Date: Subject: Consent Application Motion # July 16, 2009 David and Darcy Campbell Lot 24, Concession 7 Roll 4335 Vasey Road R.M.S. File 4346-020-007-12600 D10-39470 REQUIRED CONDITIONS: The 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 severed lands be merged in title with 4325 Vasey Road 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 3.6 hectares (8.9 acres) from the subject property to the neighbouring agricultural lot, being 4325 Vasey. The proposed retained lot, would consist of approximately 11.5 hectares (28.4 acres), and is currently used for a hobby farm with a residence located on the lands. No new building lot is proposed to be created as a result of the lot addition. ANALYSIS: The purpose of application 2009-B-18 is to permit a lot addition/boundary adjustment. The proposed lot addition will result in a parcel of 3.6 hectares, 204m deep, and with 173m frontage being added to Development Services Meeting Date: July 16, 2009 Application No. 2009-B-18 Page 1 of 5 Page 18 of 96 Agenda Item # 5b) - 2009-B-18 - Dr. David and Darcy Campbell 4335 Vasey Road, L... an existing lot. The proposed enhanced lot, being 4325 Vasey, will have a new total lot area of approximately 113.6 hectares (280.7 acres). No new building lot is proposed to be created as a result of the lot addition. According to the applicant the reason for the boundary adjustment is to remove an agricultural field from a hobby farm that is for sale and attach it to an agricultural operation. Staff confirms this seems to be the current use of the properties from a site visit. There is currently existing residences on both properties. FINANCIAL: Not applicable. POLICIES/LEGISLATION: OFFICIAL PLAN The lands proposed to be divided are designated Agricultural in the Township's Official Plan (OP). The enhanced lot is designated Rural. Both parcels are subject to the Environmental Protection Two overlay. Only a small portion in the north-east corner of the proposed conveyed parcel is subject to this overlay. As the lands to be severed are designated Agricultural and subject to the Environmental Protection Two overlay, both of these policy sets will be addressed in this report. The objectives of the Agricultural designation are: to maintain and preserve the agricultural resource base of the Township; to protect land suitable for agricultural uses; to promote the agricultural industry and associated activities; and to preserve and promote the agricultural character of the Township. The principle use of land in the Agricultural designation shall be agriculture. Agriculture is the current use of the subject lands and the land to be conveyed are currently used as a crop field. This use will not change as a result of the boundary adjustment. The applicant has advised that this boundary adjustment will permit this use to continue. Both the retained parcel and conveyed parcel will continue as agricultural properties. Therefore the objectives of this designation are maintained. The enhanced lot is designated Rural. Agriculture is a permitted use in the Rural designation. The applicant has confirmed that the existing agricultural uses will continue with the boundary adjustment. Due to the proposed boundary adjustment, the enhanced parcel will end up having a split designation. Therefore 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" The policies of both designations, Rural and Agricultural, will be maintained by this boundary adjustment as the agricultural uses will continue. The objectives of the Environmental Protection Two overlay are to protect environmentally sensitive areas from incompatible activities, maintain and enhance the ecological integrity of the natural heritage system and protect significant woodland features and wildlife habitat. The uses permitted in Development Services Meeting Date: July 16, 2009 Application No. 2009-B-18 Page 2 of 5 Page 19 of 96 Agenda Item # 5b) - 2009-B-18 - Dr. David and Darcy Campbell 4335 Vasey Road, L... the designation are those permitted by the underlying designation. In this case, the underlying designation is Agricultural, therefore agricultural uses are permitted. The Environmental Protection Two policies limit development on these lands, if a rezoning or an amendment to the OP is required. In this instance, the existing uses are permitted in the OP and Zoning By-law; these uses will continue and the boundary adjustment will not cause the creation of a new lot, the construction of a new dwelling, or a new use. Therefore the objectives of the overlay are maintained. 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 agricultural properties affected." With respect to the application at hand, no new building lot will be achieved. As discussed above, the proposed boundary adjustment is in keeping with the objectives and policies of both the Agricultural designation and Environmental Protection Two Overlay. Based on a site visit and information from the applicant, it is staff's opinion that the parcel to be severed is currently used as a hobby farm and can continue in this capacity with the parcel severed off. As discussed below it will also meet the zoning requirements for a hobby farm in the Agricultural/Rural Zone. It is Staff's opinion that this proposal conforms to the Official Plan. ZONING BY-LAW The subject lands (both the parcel to be conveyed and those to be retained) are zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law. The lot to be enhanced, 4325 Vasey Road, is partially zoned Agricultural/Rural (A/RU) and currently contains a single detached dwelling. This property is also zoned Environmental Protection (EP). The retained parcel will have a frontage of approximately 584m on Vasey Road and an area of 11.5ha. This meets the provisions of the A/RU Zone for a hobby farm (2ha is required). Therefore it will continue to meet the relevant provisions of the Zoning By-law if the severance is granted. The enhanced lot currently meets the zoning provisions for the A/RU Zone. The addition of the conveyed parcel will not affect this properties compliance with the zoning provisions. While the back portion of the property is zoned EP, agricultural uses are permitted in the EP zone. The proposed boundary adjustment is not adjacent to the area zoned EP and will not affect those lands. Therefore, the application would comply with the provisions as prescribed by the Zoning By-law. CONSULTATIONS: Public Works Department- Building Department- Engineering Department - County of Simcoe - no concerns Development Services Meeting Date: July 16, 2009 Application No. 2009-13-18 Page 3 of 5 Page 20 of 96 Agenda Item # 5b) - 2009-B-18 - Dr. David and Darcy Campbell 4335 Vasey Road, L... ATTACHMENTS: Schedule #1- Location Map CONCLUSION: It is the opinion of the Planning Department, that Consent application 2009-113-18, 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. Res tfully ubmitted: Reviewed by: I _Q~~ Meghan Keelan, B.E.S. Glenn White Planner Manager, Planning Services Development Services Meeting Date: July 16, 2009 Application No. 2009-B-18 Page 4 of 5 Page 21 of 96 Agenda Item # 5b) - 2009-B-18 - Dr. David and Darcy Campbell 4335 Vasey Road, L... SCHEDULE 1: LOCATION MAP 2009-B-18 (David and Darcy Campbell) f 0 115/230 460 690 920 Meters Development Services Meeting Date: July 16, 2009 Application No. 2009-B-18 Page 5 of 5 Page 22 of 96 23 ~ ! ~ RDAP woo- Hm cm I dN~ er ro o.~+x+a 560 _ 2 ! ! / LOT ' d 1 tom / i / i I of m~ svalo~ xe { D-dq LOT 24 14 LAW ,Q ~ \11 ~ y~rc-rrzae / / / LOT/ 2 vN+T 3 23 LOT / / / - / / / LAS seem. 7 OONCE,; ON OF LW WXDMIE Pd 7'_ ,V1 r r r rr / J r ! ~ r r N L01 2¢ I ~ co 4- LOT 23 All U n Agenda Item # 5b) - 2009-13-18 - Dr. David and Darcy Campbell 4335 Vasey Road, L... Page 24 of 96 Agenda Item # 5b) - 2009-B-18 - Dr. David and Darcy Campbell 4335 Vasey Road, L... I U) W Z_ V Q W N 0 Z a W 'y m V1 „F r ~ $T 1- y Page 25 of 96 Agenda Item # 5b) - 2009-13-18 - Dr. David and Darcy Campbell 4335 Vasey Road, L... J I c w } W Z O 0 W M O 0 W N O a O a a W a Page 26 of 96 Agenda Item # 5b) - 2009-13-18 - Dr. David and Darcy Campbell 4335 Vasey Road, L... F- O co 0 z V a J W V Q a 0 W W z O 0 Page 27 of 96 Agenda Item # 5b) - 2009-B-18 - Dr. David and Darcy Campbell 4335 Vasey Road, L... 0 z v Q U- J W Q a v w W Z 0 ~ U Page 28 of 96 Agenda Item # 5b) - 2009-13-18 - Dr. David and Darcy Campbell 4335 Vasey Road, L... Page 29 of 96 Agenda Item # 5b) - 2009-B-18 - Dr. David and Darcy Campbell 4335 Vasey Road, L... is - •v.. , ems' - 1 _ ~ Cy 1 Y -~5 d 1 l~ ;a 94 Page 30 of 96 Agenda Item # 5b) - 2009-B-18 - Dr. David and Darcy Campbell 4335 Vasey Road, L... f A. °Ke ktr ^ i M1 . ..a ~ y ~ Ab x L ~ e Pfi f- 1 - d, i "rte t t. 7 ' r r 4 Y x ` 4 f # l f r. I kf fi q . a L1 Y 5 ev ~ r ~ " ° l 4 . k r U 9 t 4 r t.e Page 31 of 96 ro .v S . RESIDENCE , RETAINED ~.A►N~ , till y A , ~ Y + i Y I >f• I M CC) 0) D~ c6 4- ewpj4CF'p LOT r.. w CD 0 (9 CA aril m r+ m cr a Agenda Item # 5c) - 2009-B-20 to 2009-13-23 - Tom Obradovich and Kathy Reid Lot t'rauS 1-lrriia~, Tu~Nn~ f~nrrvv Application No: 2009-B-20 to 2009-B-23 2009-A-18 Meeting Date: July 16, 2009 Roll 4346-010-002-3000 REQUIRED CONDITIONS: TOWNSHIP OF ORO-MEDONTE REPORT To: Committee of Adjustment Prepared By: Steven Farquharson, Intermediate Planner Subject: Variance Application (Tom Obradovich and Kathy Reid) Part of Lot 1, Concession 4 & 5 and Part of the Original Road Allowance Between Concessions 4 & 5(As Closed by by-law 1169) (Former Township of Oro) Motion # R.M.S. File D10-39505 D13-39509 The following conditions are required to be imposed on the Committee's decision regarding Consent applications 2009-B-20, 2009-B-21 and 2009-B-22: 1. That three copies of a Reference Plan for the subject land indicating the severed parcels be prepared by an Ontario Land Surveyor be submitted to the Secretary-Treasurer; 2. That the applicant pay $ 2,000.00 for each lot created as cash-in-lieu of a parkland contribution; 3. That the applicant apply for and obtain a re-zoning, of the severed land to accurately reflect the proposed residential land use; 4. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 5. That all municipal taxes be paid to the Township of Oro-Medonte; and, 6. That Variance application 2009-A-18, be approved for consent application 2009-13-20 7. That the applicant enters into an agreement with the Township to provide hydrant installation and services from the water main to property line, with all cost being paid by the applicant. 8. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Development Services Application No. 2009-13-20 to 2009-B-23 2009-A-18 Meeting Date July 16, 2009 Page 1 of 7 Page 35 of 96 Agenda Item # 5c) - 2009-B-20 to 2009-13-23 - Tom Obradovich and Kathy Reid Lot The following conditions are required to be imposed on the Committee's decision regarding Variance application 2009-A-18: 1. That the minimum lot area for Lot 1 (2009-B-20) be no less than 0.84 hectares BACKGROUND: Official Plan Amendment No. 28 was submitted by the applicant in August 2008, for the purpose of re-designating 6.16 hectares of the subject property from the "Horseshoe Valley- Medium Density Residential" to the "Horseshoe Valley - Low Density Residential" designations. Part of the Official Plan Amendment included permission to sever 4 new residential lots. The applicant also submitted a Zoning By-law Amendment application concurrent with the Official Plan Amendment, seeking to rezone the subject lands from the Agricultural/Rural Exception 15 (A/RU*15) Zone to the Residential One Exception (R1 Zone. Through consultation with the County of Simcoe, it was determined that the redesignation and rezoning would be appropriate. Official Plan Amendment No. 28 was subsequently adopted by Township Council on February 11, 2009, and approved by Simcoe County Council on May 13, 2009. The Zoning Amendment was approved by Township Council on February 11, 2009, and includes the placement of a Hold provision on the proposed new residential lots for the purpose of Site Plan Control, which shall be implemented at the time of building permit application. The Site Plan requirement is intended to ensure that the placement of a dwelling, driveways, septic systems and other structures are appropriately located on the subject lands. ANALYSIS: The purpose of applications 2009-B-20 to 2009-B-23 is to permit the creation of four new residential lots fronting on Line 4 North. The lots are proposed to have a frontage ranging from 35 metres to 106 metres, and lot area averaging 1.5 hectares. Lot 1 Lot 2 Lot 3 Lot 4 Proposed Lot Frontage 106 metres 66.2 metres 35.9 metres 18.7 metres Proposed Lot Area 0.84 hectares 1.83 hectares 1.45 hectares 2.04 hectares The land proposed to be retained would have a lot area of approximately 2.8 hectares. The purpose of application 2009-A-18, is to allow one of the proposed lots (Lot 1, 2009-B-20) to be created with less total area than the minimum area required by the site specific zoning implemented on the subject lands. FINANCIAL: Not applicable. POLICIES/LEGISLATION: Does the Consent conform to the general intent of the Official Plan? The subject property has a split designated of Horseshoe Valley- Low Density Residential and Horseshoe Valley- Resort Facility in the Official Plan. The portion of the property that is designated Development Services Application No. 2009-13-20 to 2009-B-23 2009-A-18 Meeting Date July 16, 2009 Page 2 of 7 Page 36 of 96 Agenda Item # 5c) - 2009-B-20 to 2009-13-23 - Tom Obradovich and Kathy Reid Lot Horseshoe Valley- Resort Facility are the lands to be retained. The lots that are proposed to be severed are within the the Horseshoe Valley- Low Density Residential designation. Section C14.3.4 which contains the Horseshoe Valley Low Density Residential policies in the Township's Official Plan. The permitted uses within the "Horseshoe Valley -Low Density Residential" designation include single detached dwellings, home occupations, and Bed and Breakfast establishments. Within this designation the density of residential development shall generally not exceed 7.0 units per gross hectare, which the proposed development does not exceed. The total area that the proposed lots will cover, has not changed from the original proposal. In terms of servicing the subject lands, Section A5.2 of the Plan states that prior to the creation of any new lot in a settlement area that is to be serviced by a private septic system, Council shall be satisfied that the soils are appropriate for the construction and use of a private septic system on the lot. The Planning Report that was submitted by MHBC Planning (attached) referenced a Hydrogeology Report completed by Terraprobe, which concluded that the soils are appropriate for private septic systems. The Planning Report also indicted that there was sufficient water supply to support the development. The Functional Servicing Report was completed by Cole Engineering. The Township's engineering consultant AECOM has reviewed this reports at the time of the Official Plan Amendment and Rezoning process and have advised it is acceptable. For the consideration of subdivision of land, Section D2 of the Official Plan contains policies that are considered with every application to subdivide land in the Township. Section D2.2.1 contains the following general criteria for the Committee of Adjustment to consider: "Prior to issuing provisional consent for a new lot for any purpose, the Committee of Adjustment shall be satisfied that the lot to be retained and the lot to be severed: a) fronts on and will be directly accessed by a public road that is maintained on a year-round basis; b) does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; c) will not cause a traffic hazard; d) has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By-law and is compatible with adjacent uses; e) can be serviced with an appropriate water supply and means of sewage disposal; f) will not have a negative impact on the drainage patterns in the area; 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; 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; and, j) will conform to Section 51 (24) of the Planning Act, as amended." As such, the application to create 4 new residential lots constitutes a permitted use in accordance with the Horseshoe Valley-Low Density Residential policies of the Official Plan. Development Services Application No. 2009-8-20 to 2009-13-23 2009-A-18 Meeting Date July 16, 2009 Page 3 of 7 Page 37 of 96 Agenda Item # 5c) - 2009-B-20 to 2009-13-23 - Tom Obradovich and Kathy Reid Lot Does the Consent comply with the general intent of the Zoning By-law? The proposed lots are zoned Residential One Exception 187 (R1 "187) Zone. The proposed lot sizes that the applicant has submitted exceeds the Residential One Zone standards. The purpose of the exception was that a site specific zoning be placed on the property for development requirements. The exception 187 states the following: a. Notwithstanding Section 5.32 of this By-law, the following zone provisions apply on the lands denoted by the symbol R1 *187 on the schedule to this By-law: No building or structure shall be located within 5 metres of a slope or embankment that exceeds 33% or 3 to 1. b. The minimum required setback from County Road 22 (Horseshoe Valley Road West) shall be 15 metres; c. Notwithstanding the provisions of Section 4.0- Use standards, Table B1 "Standards for Permitted Uses on the R1, R2, RUR2, Sr and RLS Zones" the following provisions will apply: Lot 1 Lot 2 Lot 3 Lot 4 Minimum Lot Frontage 105.1 metres 59.0 metres 35.3 metres 47.4 metres Minimum Lot Area 1.45 hectares 1.23 hectares 1.45 hectares 2.04 hectares" As well as part of the zoning exception each lot would be subject to a Holding provision which would require a Site Plan Agreement to be entered into. The proposed lots would appear to meet these requirements for site specific zoning with the exception of Lot 1. The applicant has changed the lot configuration since they came before Council for the Official Plan Amendment and Zoning Amendment. The minimum lot area requirement for Lot 1 is 1.45 hectares, where as the applicant is proposing a lot area of 0.84 hectares. With the reduction in lot area for Lot 1, there remains enough room on the property to place a septic system and dwelling. As such, the proposed lots comply with the requirements of the Residential One (R1) Zone. On the basis of the above, the proposal is considered to comply with the general intent of the Zoning By-law. CONSULTATIONS: Transportation and Environmental Services - Developer responsible for hydrant installation and services from water main to property line. Building Department Engineering Department ATTACHMENTS: 1. Location Map 2. Proposed Site Plan Development Services Application No. 2009-13-20 to 2009-B-23 2009-A-18 Meeting Date July 16, 2009 Page 4 of 7 Page 38 of 96 Agenda Item # 5c) - 2009-B-20 to 2009-B-23 - Tom Obradovich and Kathy Reid Lot CONCLUSION: In the opinion of the Planning Department, Consent applications 2009-B-20 to 2009-B-23 conforms to the Official Plan, as the future development of residential uses would be in keeping with the Horseshoe Valley- Low Density Residential designation policies. It is also the opinion of the Planning Department that Variance application 2009-A-18, being an application for relief from the minimum lot area for Lot 1, appears to satisfy the tests of the Planning Act. Respectfully submitted: Reviewed by: Steven Farquh Win, B.URPL Glenn White, MCIP, RPP Intermediate Planner Manager, Planning Services Development Services Meeting Date July 16, 2009 Application No. 2009-B-20 to 2009-B-23 2009-A-18 Page 5 of 7 Page 39 of 96 Agenda Item # 5c) - 2009-B-20 to 2009-B-23 - Tom Obradovich and Kathy Reid Lot... SCHEDULE 1: LOCATION MAP 2009-B-20 to 2009-B-23 (Obradovich and Reid) HORSESHOE / / / I / r =a 3sQ ~ Meters Development Services Application No. 2009-B-20 to 2009-8-23 2009-A-18 Meeting Date July 16, 2009 Page 6 of 7 Page 40 of 96 Agenda Item # 5c) - 2009-B-20 to 2009-B-23 - Tom Obradovich and Kathy Reid Lot... SCHEDULE 2: PROPOSED SITE PLAN 2009-B-20 to 2009-13-23 (Obradovich and Reid) g ❑ ❑ ' 2 Oil Development Services Application No. 2009-13-20 to 2009-13-23 2009-A-18 71 . s - A iry o i Z I5 O N u M 00 , Meeting Date July 16, 2009 Page 7 of 7 Page 41 of 96 Agenda Item # 5c) - 2009-B-20 to 2009-B-23 - Tom Obradovich and Kathy Reid Lot C4 a a 00 eye e P EI a n~ W 0 o~ Z if F~ V ~W =LL W ~ 3$ g2° W ,,cc cc nId Page 42 of 96 Agenda Item # 5c) - 2009-B-20 to 2009-B-23 - Tom Obradovich and Kathy Reid Lot... r V~ z Q J I- V W n m co CO Q O H H OC O z z a LL Page 43 of 96 Agenda Item # 5c) - 2009-B-20 to 2009-B-23 - Tom Obradovich and Kathy Reid Lot ~k L / a W W 2 H 0 H CO) G Z Q J Page 44 of 96 Agenda item # 5c) - 2009-B-2U to Gvv~ is Itel► n Page 48 of l ' ~ ~rAMaMF ` ~~s++~'`"' ,.•i ' ~ r'. ~ ~ ~~~1 .mom- ! ~ , ` Ilk -d^tlC;rr7 uy xt,,+~'T .:✓f - ` ` Oie,~:~' ~ s lC ~ ~ ally: ~ y~ y■~'~~k"` ty .-~~ik' ~yr~ ~ 4dN 6 S~ Y, ~ ~ d a''~ it :dCyC xnV '~a'~L 'Ift a M ~i''•' a • - Via`"' _ d •,5` e " ='a?;k , W► w pry 40 Page 49 Agenda Item # 5c) - 2009-B-20 to 2009-B-23 - Tom Obradovich and Kathy Reid Lot... ~f ■ O J LL O Q LU i` a R :std , ' Marc . f Y 1 Ii £ 101:10,8v a~ ~4 - Agenda Item # 5d)-2009-B-19- Horseshoe Valley Lands Ltd 1101 Horseshoe Valle... TOWNSHIP OF ORO-MEDONTE (9' '`~1~~~ ,.~Ize REPORT Ih.uJ 4rritc~r, Ese iri ~ F4inre Application No: To: Committee of Adjustment 2009-B-19 Meeting Date: Subject: Consent Application July 16, 2009 Horseshoe Valley Lands Ltd Lots 1 & 2, Concession 4, Plan 51 R- Roll 35261 pt 1 4346-020-010-05501 Prepared By: Meghan Keelan, Planner Motion # R.M.S. File D10-39482 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 Con 3, PT Lots 1 and 2, PT ORA, RP 51 R32830, Part 2, 8, 9, 14 to 16, 18 to 30, 35 to 40, 42 to 45, 47, 48 and 50 (the former road allowance and assessment number 4346-020-010-004) 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 2.9 hectares (7.1 acres) from the subject property to the adjacent lot being the former road allowance (legally described as Con 3, PT Lots 1 and 2, PT ORA, RP 51R32830, Part 2, 8, 9, 14 to 16, 18 to 30, 35 to 40, 42 to 45, 47, 48 and 50). The proposed retained lot would consist of approximately 15.9 hectares (39.2 acres). No new building lots are proposed to be created as a result of the lot addition. ANALYSIS: Development Services Meeting Date: July 16, 2009 Application No. 2009-B-19 Page 1 of 4 Page 52 of 96 Agenda Item # 5d)-2009-B-19- Horseshoe Valley Lands Ltd 1101 Horseshoe Valle... The purpose of application 2009-B-19 is to permit a lot addition/boundary adjustment. The proposed lot addition will result in a parcel of 2.9 hectares (7.1 acres), being added to an existing lot. The proposed enhanced lot being the former road allowance, will have a new total lot area of approximately 4.9 hectares (12.1 acres). No new building lot is proposed to be created as a result of the lot addition. The reason for the application is to correct ownership of this parcel as a result of the purchase and sale of the certain lands from the resort. FINANCIAL: Not applicable. POLICIES/LEGISLATION: OFFICIAL PLAN The lands to be conveyed are designated Horseshoe Valley Village by the Official Plan (OP). The enhanced lot is also designated Horseshoe Valley Village. The retained lands are designated Horseshoe Valley - Medium Density Residential with a small portion designated Horseshoe Valley Village. It is the intent of the Plan that the main commercial and resort facilities associated with Horseshoe Valley Resort are to be located in the Horseshoe Valley designation. The severed parcel is currently vacant. This application does not propose to create a new lot or establish any new uses on either the severed parcel or the enhanced lot. Various forms of residential development are permitted in the Horseshoe Valley - Medium Density Residential designation. However the retained lands are currently vacant and no new building or lot creation is proposed in this application. 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." No new building lots are proposed or will result from this boundary adjustment. As previously discussed, the adjustment is required to clarify land ownership after the sale of certain lands from the resort. The proposed boundary adjustment is in keeping with the intent of the Official Plan policies which apply to the subject lands, as the existing uses will not change as a result of the boundary adjustment. The subject lands, both the severed and retained parcels are currently vacant, removing the conveyable lands will not affect the retained parcels to be developed in accordance with the Horseshoe Valley - Medium Density Residential policies, should this occur in the future. Development Services Application No. 2009-B-19 Meeting Date: July 16, 2009 Page 2 of 4 Page 53 of 96 Agenda Item # 5d)-2009-B-19- Horseshoe Valley Lands Ltd 1101 Horseshoe Valle... ZONING BY-LAW The lands to be conveyed are zoned Future Development 67 (FD*67) in the Township's Zoning By- law. The enhanced lot is also zoned Future Development 67 (FD*67). The retained lands are subject to the Residential Two Exception 60 (R2" 60) Zone and the Future Development 67 (FD*67) Zone. Uses permitted in the Future Development 67 (FD'67) Zone are the uses which existed on the effective date of the site specific by-law. The lands to be conveyed are currently vacant and will remain so regardless of the boundary adjustment. The enhanced lot is also subject to this site specific zone; however the boundary adjustment will not cause the land uses to change on this property either. The retained parcel is zoned Residential Two Exception 60 (R2*60) and the Future Development 67 (FD*67). The removal of the conveyed parcel will not cause this land to be non-complying with the uses or provisions of these zones. These lands are currently vacant and will remain so regardless of the boundary adjustment. Therefore, the application would comply with the provisions as prescribed by the Zoning By-law. CONSULTATIONS: Public Works Department- Building Department- no concerns Engineering Department - Retained lands subject to Easement Part 1, Plan 51 R-24285; does not affect application. No additional concerns. ATTACHMENTS: Schedule #1- Location Map CONCLUSION: It is the opinion of the Planning Department, that Consent application 2009-B-19, 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: Reviewed by: ,4 7 -1 z Meghan Keelan, B.E. S. Glenn White, M.C.I.P, R.P.P. Planner Manager, Planning Services Development Services Application No. 2009-B-19 Meeting Date: July 16, 2009 Page 3 of 4 Page 54 of 96 Agenda Item # 5d)-2009-B-19- Horseshoe Valley Lands Ltd 1101 Horseshoe Valle... SCHEDULE 1: LOCATION MAP 2009-B-19 (Horseshoe Valley Lands Ltd) LEGEND LANDS TO BE ADDED ENHANCED LOT 0 110 220 440 660 880 ~~PAeters LI _..t Development Services Application No. 2009-B-19 Meeting Date: July 16, 2009 Page 4 of 4 Page 55 of 96 - l SKETCH - EVE~N~E I S GUNc PON sNi of MEOaNTE LOT GRAAND PHIC Ta =EDONTE or 09 GO,NNSHIP z' IMGOE COUNT O KvPLAN wHwW~ I I ~EEGENfl Lana51obe Retained fx 15.9ha) Lands to tie C°nveYed 2 9ha1 R O A D ] BevWEr4 3 p E ALLE Y BY , CLOSED O R S BY LANI 2004 - _ 2 2 - ` 042 N O. _ F R O A O ` T 0 j !"f OOPELANDFgRESS L -To Be ReTA~~ NpS REGRE+~TIONAI- (GOLF COURSE) RES{ flENT1Al- _`N ESN - ~ES{4ETIj1~- S TAM R ISE~' PRppE ov~+~~"'P~°~~ER~NT GED OF ORpE -VOWN COUN OF Stmt ~~ts) Kk-y Pt'N`I > _ t 1 4 1 t {ty1 ~ s s,~ Y i"S lSG~NQ a.shs) gubje~'~nds tt 1 Q t G~-~~OR ~ v 4 ~giDENT1P1- REStDENj ~t+~ s„« n.~a<so~=mss z_ 5 E 5 s, Q~~,<<1srF.lt t- RE. _ - t ~tHOC, - 2 2 _ -ON7Y C, 0 96 }0 99 durla • / o x s.a-xe ~n 1t 4 ( ( t m. ~a f au ~oTS 1 x 2 CONC6551ON c come*c 'I c'E~M„x lovmsx° ~MEDONTE - Td~SHIP OF ORfl C4UNTY OF StMCdE `5l Agenda Item # 5d)-2009-B-19- Horseshoe Valley Lands Ltd 1101 Horseshoe Valle... I C~ f Page 59 of 96 Agenda Item # 5d) - 2009-B-19 - Horseshoe Valley Lands Ltd 1101 Horseshoe Valle... HORSESHOE VALLEY ROAD FACING WEST k 4 r %k T /y 1 d~,Y zy ~ V ~ ~ M r~r Page 60 of 96 Agenda Item # 5d)-2009-B-19- Horseshoe Valley Lands Ltd 1101 Horseshoe Valle... a~ N 0 Z i Q J a O 44 S, " i d l e ~P ~ ~l r te a iA • ~ - a , ca ~ ~ , ~ t ~ ~i yy Y f. k; Page 61 of 96 Agenda Item # 5d)-2009-B-19- Horseshoe Valley Lands Ltd 1101 Horseshoe Valle... Agenda Item # 5d)-2009-B-19- Horseshoe Valley Lands Ltd 1101 Horseshoe Valle... a~ N 0 Z i Q J a O 44 S, " i d l e ~P ~ ~l r te a iA • ~ - a , ca ~ ~ , ~ t ~ ~i yy Y f. k; Page 63 of 96 Agenda Item # 5d)-2009-B-19- Horseshoe Valley Lands Ltd 1101 Horseshoe Valle... EVERED PARCEL - SOUTHERN PO t tires • a. ILI% AA* 0 I Page 65 of 96 Agenda Item #5e) - 2009-A-15 to 2009-A-17 -206334 Ontario Inc (Homire Subdivis... q, TOWNSHIP OF ORO-MEDONTE r REPORT ,~~~'/ec%rzte 0 Rnad tievirngr, Fixnring Frunre Application No: To: Committee of Adjustment Prepared By: 2009-A-15, 2009-A-16, Steven Farquharson, 2009-A-17 Intermediate Planner Meeting Date: Subject: Variance Application Motion # July 16, 2009 2063334 Ontario Inc. (Homire Subdivision) Roll Concessionl4, Lot 5 (Former R.M.S. File 4346-020-004-1430 Township of Medonte) D13-39472 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: If Committee is satisfied that the application is appropriate, it is recommended that Committee approve variance application 2009-A-15, 2009-A-16 and 2009-A-17, subject to the following conditions: 1. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding; 2. That the setbacks be in conformity with the dimensions as set out in the application and on the sketch submitted with the application and approved by the Committee; BACKGROUND: The applicant proposes to build 3 detached residential dwellings to be used as model homes within the draft approved subdivision known as Homire Subdivision. These model homes are being proposed to be built on Lots 1, 23 and 28 of the Plan of subdivision. It should be noted that the applicant was originally intending to construct a model home on Lot 24, but opted to have it located on Lot 1, for sale purposes. It is the intention of the applicant to use these dwellings as model homes for the proposed subdivision and to then sell them to potential buyers. ANALYSIS: The applicant is proposing to construct three single detached dwellings located west of Townline and south of Warminster Sideroad which will be used as model homes for the proposed "Homire" subdivision. The applicant is requesting the following relief from Zoning By-law 97-95: Development Services Meeting Date July 16, 2009 Application No. 2009-A-15, 2009-A-16 and 2009-A-17 Page 1 of 5 Page 66 of 96 Agenda Item #5e) - 2009-A-15 to 2009-A-17 -206334 Ontario Inc (Homire Subdivis... 5.8 DWELLING UNITS: Unless otherwise specified by this By-law, no more than one dwelling unit is permitted on a lot. FINANCIAL: Not applicable. POLICIES/LEGISLATION: Does the variance conform to the general intent of the Official Plan? The subject lands are designated Rural Settlement Area in the Township Official Plan. Single detached dwellings, home occupation, private recreational and open space uses are permitted in this designation. The applicant's proposal does not appear to offend these policies, given that the variance is for the construction of three single detached dwellings. The proposed model homes will be located on the lots within a draft approved plan of subdivision. On this basis the proposal is considered to conform to the intent of the Official Plan. Does the variance comply with the general intent of the Zoning By-law? The subject property is zoned Residential One Exception 110 and 119 Hold (R1*110,119(H)) Zone and Environmental Protection (EP) Zone. Based on a site inspection, the proposed dwellings would appear to be in a suitable and acceptable location. The other element to this variance is that the developer seeks to build three homes in addition to the one that already permitted. One dwelling that is permitted by Zoning By-law 97-95. Section 5.36 b) (Temporary Construction and Sales Uses) states: b) Nothing in this By-law shall prevent the use of land for a sales office and/or a model home for the sale of dwelling units provided the dwelling units to be sold are to be located on lands within the limits of the Township of Oro-Medonte. Given that the dwellings are part of a subdivision with 28 residential lots, it is submitted that three model homes for such a subdivision is reasonable and in keeping with the intent of the Zoning By- law. Is the variance appropriate for the desirable development of the lot? These homes are typically developed with a high degree of detail and landscaping and it is the intention of the developer to sell these dwellings as part of the subdivision. In accordance with normal Township policy, the developer will be required to prepare an engineered lot grading plan prior to the issuance of a building permit. On this basis it is suggested that the proposed variances will be appropriate and desirable development of the subject lots. Development Services Meeting Date July 16, 2009 Application No. 2009-A-15, 2009-A-16 and 2009-A-17 Page 2 of 5 Page 67 of 96 Agenda Item #5e) - 2009-A-15 to 2009-A-17 -206334 Ontario Inc (Homire Subdivis... Is the variance minor? The construction of model homes for sales purposes is common in new plans of subdivision. On this basis and on the basis that the proposal is to develop only 3 lots for model home purposes, it is suggested that the proposed variance is minor. CONSULTATIONS: Public Works Department Building Department Engineering Department ATTACHMENTS: 1. Location Map 2. Proposed Site Plan CONCLUSION: In the opinion of the Planning Department, Variance application 2009-A-15 to 2009-A-17 being an application for relief to construct three model homes, appears to satisfy the tests of the Planning Act. Respectfully submitted: Stetren-Fg"rqu arson, B.URPL Intermediate Planner Reviewed by: Glenn White, MCIP, RPP Manager, Planning Services Development Services Application No. 2009-A-15, 2009-A-16 and 2009-A-17 Meeting Date July 16, 2009 Page 3 of 5 Page 68 of 96 Agenda Item #5e) - 2009-A-15 to 2009-A-17 -206334 Ontario Inc (Homire Subdivis... SCHEDULE 1: LOCATION MAP 2009-A-15 to 2009-A-17 (2063334 Ontario Inc) I w Z 2_ k N'v -IL 17 Development Services Application No. 2009-A-15, 2009-A-16 and 2009-A-17 SUBJECT LANDS - 0 62.5 125 250 375-" 500 Meters Meeting Date July 16, 2009 Page 4 of 5 Page 69 of 96 Agenda Item #5e) - 2009-A-15 to 2009-A-17 -206334 Ontario Inc (Homire Subdivis... wa,-0 I - I':.Yd' C !~3 r^i 5 q n Aq I d 1 i P~ R zit] ~ Development Services Application No. 2009-A-15, 2009-A-16 and 2009-A-17 SCHEDULE 2: PROPOSED SITE PLAN 2009-A-15 to 2009-A-17 (2063334 Ontario Inc.) f ~2007-A-17a a k ' Nit i X , PA r O I " 2007-A-16 I i x g~ "n till P ff d C, 'I e a ''q _ i!" so R ti I .r}' f , u X. ?gyp G c Ii m I~ f _ f 1/f y g $C i yqs- _._ma,a. - x~ q t em______n~ ~ ~ X 3 y x - w L m y e a ~ X 1QT 9 j -fAf B; ems..- r --__uua_______ ^ - - - ~ a 'm m I# i o t ~ X N y WAD ELARAII BVr9E?,EH -oa RMS Of "MME & OWUU 1 1 ! ! ! d ! 1 ! ! it, ' 89111 g ~ I - i i S J. p ~A II t ' ! i~3~3~S1S}tft~ t i ~ ~ ~ Meeting Date July 16, 2009 Page 5 of 5 Page 70 of 96 A VL, Agenda Item #5e) - 2009-A-15 to 2009-A-17 -206334 Ontario Inc (Homire Subdivis... 1 I ~A• ~ Ems. .l a s 4y .0 g F rrr J "►''+y~ F ,r iA.~ ~ A ' s i• ° IN n om- Y~,~~ S`5, . ~-tip Page 72 of 96 iS• f ,4N - m. s i A 1 1 3 41 S g y ,ell ~;~y, 'aver ~ ~ }a a ~ -'t Page 73 r ,ma.yy, i E Rt ~ T ty., A4 % J 4 J t r.., rYl a, d AW m s~ ~ o r f F#9` kb r R{.` P nN L 1 Agenda Item #5e) - 2009-A-15 to 2009-A-17 -206334 Ontario Inc (Homire Subdivis... !!!!s!slEl X9999999999 @g@g mB 1~ ! ~ a5 ■ e @p@p I 3; tl ~ I 5se 99565!!! •e •sse~• I II ! ~ E E E 111111 ! 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Yrnuri Hariu~aq Srriring Fmvro Application No: 2009-A-19 Meeting Date: July 16, 2009 Roll 4346-030-010-0480 REQUIRED CONDITIONS: TOWNSHIP OF ORO-MEDONTE REPORT To: Committee of Adjustment Prepared By: Steven Farquharson, Intermediate Planner Subject: Variance Application Motion # (Margaret Arnold) 227 Bass Line, Lot 3, Concession 1 (Former Township of Orillia) R.M.S. File D13-39508 The following conditions are required to be imposed on the Committee's decision: It is recommended that the Committee approve Minor Variance 2009-A-19, being to grant a reduction for the front yard setback from 7.5 metres to 5.4 metres and rear yard setback from 7.5 metres to 0.2 metres for the construction of a deck having a floor area of approximately 22 square 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 deck be located no closer than 5.4 metres from the front lot line b) the deck be located no closer than 0.2 metres from the rear 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. 3. That applicant to verify that sewage system meets minimum required setbacks as per Part 8 of the Ontario Building Code BACKGROUND: The subject property has a road frontage of approximately 30.5 metres (100.2 feet) and a lot area of approximately 0.04 hectares (0.098 acres). The property currently has a one storey single detached dwelling, which includes an attached deck, which is setback 5.4 (17.8 feet) from the front lot line and is 0.2 metres (0.90 feet) from the rear lot line. The Township Zoning By-law requires a 8.0 metre (26.2 feet),front and rear yard setback in the Agricultural/Rural (A/RU) Zone for a dwelling. Development Services Application No. 2009-A-19 Meeting Date July 16, 2009 Page 1 of 5 Page 80 of 96 Agenda Item # 5f) - 2009-A-19 - Margaret Arnold 227 Bass Line, Concession 1, Pa... ANALYSIS: The applicant is proposing to construct a deck with an area of approximately 22 m2 (240 ft2). The applicant is requesting the following relief from Zoning By-law 97-95: AgriculturaVRural (A/RU) Zone Front Yard Setback Rear Yard Setback FINANCIAL: Not applicable. POLICIES/LEGISLATION: Reauired Proposed 8 m (26.2 ft) 5.4 m (17.8 ft) 8 m (26.2 ft) 0.2 m (0.90 ft) Does the variance conform to the general intent of the Official Plan? The property is designated Restricted Rural in the Official Plan. Section C6 which contains the Restricted Rural policies in the Township's Official Plan sets out the following objectives: • To discourage the development of scattered residential, commercial and industrial uses in the area surrounding Barrie and Orillia. • To maintain and preserve the rural character of the area by clearly defining the urban boundary of the Cities of Barrie and Orillia The requested variance for the deck would appear to maintain the character of the residential area, as dwellings are a permitted use in the Restricted Rural designation. Therefore, the variance would conform to the general intent of the policies contained in the Official Plan. Does the variance comply with the general intent of the Zoning By-law? The subject property is zoned Agricultural/Rural (A/RU). The Agricultural/Rural (A/RU) Zone permits single detached dwellings. The dwelling was constructed in approximately 1959, it would be considered a non-conforming structure. The location of the deck would comply with the minimum required setbacks for the interior side yard of 4.5 metres. The existing dwelling does not meet the required front and rear yard setback of the A/RU Zone. The purpose of the front yard setback is to ensure that there is adequate distance between structures and the traveled portion of the road. The proposed setback of 5.4 metres to the front lot line, would not create a visual hindrance or otherwise impact on privacy then the dwelling that is currently on the lot. The site inspection revealed that the deck should not adversely impact amenity space and sanitary systems. The deck would otherwise meet with all other Zoning By-law provisions (such as maximum height and interior side yard setback). On the basis of the above, the proposal is considered to comply with the general intent of the Zoning By-law. Development Services Application No. 2009-A-19 Meeting Date July 16, 2009 Page 2of5 Page 81 of 96 Agenda Item # 5f) - 2009-A-19 - Margaret Arnold 227 Bass Line, Concession 1, Pa... Is the variance appropriate for the desirable development of the lot? Based on the site inspection, the deck would be located at the side of the existing dwelling and is in line with the existing location of the dwelling. It was also noted that there is existing tree coverage along the north and south interior side lot line that provides additional buffering from the abutting properties. Due to the size and shape of the lot the applicant has limited options on where the deck can be placed. The lot currently is has a lot a frontage along Bass Line of 30.5 metres and a lot size of 0.04 hectares, and therefore does not meet the Zoning requirements of the A/RU Zone. Section 5.17 of Zoning by-law 97-95, speaks to lots that are not in conformity may be used and buildings can be erected, enlarged, repaired or renovated provided it conforms to the By-law. Do to the deck not further reducing the rear yard setback and not encroaching on the travelled portion of the road on Bass Line, the proposal is considered to be desirable for the appropriate development on the 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 Building Department- applicant to verify that sewage system meets minimum required setbacks as per Part 8 of the Ontario Building Code Engineering Department ATTACHMENTS: 1. Location Map 2. Proposed Site Plan CONCLUSION: In the opinion of the Planning Department, Variance application 2009-A-19, being an application for relief from the front and rear yard setbacks for a deck, appears to satisfy the tests of the Planning Act. Respectfully submitted: Steve'`n-Fa-rq_uhar B.URh Intermediate Planner Reviewed by: 12, Glenn White, MCIP, RPP Manager, Planning Services Development Services Application No. 2009-A-19 Meeting Date July 16, 2009 Page 3 of 5 Page 82 of 96 Agenda Item # 5f) - 2009-A-19 - Margaret Arnold 227 Bass Line, Concession 1, Pa... SCHEDULE 1: LOCATION MAP 2009-A-19 (Arnold) Al w _z J Cl~ Q i i t..._ ~QRi.7g BASS LAKE 0 SUBJECT LANDS 0 5 10 20 30 40 I Meters Development Services Application No. 2009-A-19 Meeting Date July 16, 2009 Page 4 of 5 Page 83 of 96 Agenda Item # 5f) - 2009-A-19 - Margaret Arnold 227 Bass Line, Concession 1, Pa... SCHEDULE 2: PROPOSED SITE PLAN 2009-A-19 (Arnold) LOT 2 SURVEYORS REAL PROPERTY REPORT PART 1 rS' izh°- PLAN OF PART OF LOT 3, CONCESSION 1 rnl GEOGRAPHIC TOWNSHIP OF SOUTH ORILLIA 'g7 F`FRl 1 NOW IN THE I 51R-2s os TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE O y ( 1U1~ J. C. 91A 0N~ O.LS-, C.- 1114 E+ ~ m I o G ~I m I c.. w - S I rAP.; 1 w w ~ ~ ,..z • g x ~ I I x I I o ~c x fit, 3 r~ $ Q~ O ` PART 2 EJ 9 U l~~ ~ PilS PIAN MUST 8E RFAD IN i CI Q '~b0 i CONJUNCTION SURVEY REPORT U ~ DATED JUNE 25. , 2009. c y71 Q~l~ r: lx aPam Wws PREPAREC Tm Eau uwx Avo AEE mxrn PARnEx 1c 1NE. i1LWYL110N. lrc Q NCERSRD,'ED ACCFPrS ND RESPCNSIBXJTV FDR USE ~i ~ I ov anlm wm~ES N nncac rauracnoNs °x, 1111 1 I S mn a I R '~6u s'auRKVgli~ 1 ~_.,>~_.~.,~,„•J I 1707427 14 s yl AM- PART $Y 5 3~, 4 1(' IC - SURVEYOR'S M CERTIFICATE ARD'S gEACS ftAb ® DEARDEN AND STANTON LTD. O.LS. NO PfftSCN uAV cOPY, TR i,' DG'(REIUrf.' aR IM ax[ u zoos 1RL5 PLW M' wNOLE JR ttl PART WrtHCIrt 1xE WRttTEx PERULSSbN DF DEARDEN AND STANTON LTD. O.L.S. r>wo,. s ,p NOTE:i: LEGEND DEARDEN AND STANTON LTD ONTARIO LAND SURVEYORS Em_. CANADA LANDS SURVEYORS ccwhmEU rD ucls e+`A"uuEmEnuc er CONSULTING ENGINEERS n[5 SMDM1 NeF TD fiN®HED EXIEWDR cpRHFRY~~ ~r sr 19~ ~ a coLDYM1EA STREET E uv 1N'8 wry .a~ln PN0.Yf (1D$)]25-9521 FA% (10.5)325-0211 ORILLA - ONTARIO -1 1-, 1-7- IRA Development Services Application No. 2009-A-19 Meeting Date July 16, 2009 Page 5 of 5 Page 84 of 96 Agenda Item # 5f) - 2009-A-19 - Margaret Arnold 227 Bass Line, Concession 1, Pa... Page 85 of 96 Y A 1 0 C0 00 0) m a Agenda Item # 5f) - 2009-A-19 - Margaret Arnold 227 Bass Line, Concession 1, Pa... Page 87 of 96 Agenda Item # 5f) - 2009-A-19 - Margaret Arnold 227 Bass Line, Concession 1, Pa... Page 88 of 96 Agenda Item # 5f) - 2009-A-19 - Margaret Arnold 227 Bass Line, Concession 1, Pa... Z J N Q m O Z V Q LL 0 W D g O w II, •ay 0 Page 89 of 96 Ann Budge oho - e C bit" CN,-,tu vvu~I, 200 5vA-c'-~ 13 Oneida Ae., RR#A Coldwater, ON LOK 1 EO Q ( cY J ~ c4h~ t ✓ aH" 1 _ ~ ~ t ~nm A ~ AL t\ WL;,o~, ~k) -11 Fit to Eat:. ?roceeds to benefit Sl(AC lMNitfMHdla0I N1f n...... n•^ VVholesome Rec►peS for Active People SPORT MEDICINE COUNCIL OF CANADA 0 0 (D C) M 0- V-A A - C ji/J Ilfw- O-W a,jL \ Q ~ Ol Gt/1 n~ T 3 ( Vt3 4n CY l 5 V f A A`{ `YC p (Aix 4 t i~ i Indian Park Association - Sugarbush Subdivision Potential Lots - _ _ - ~ Sq ~~'t) t2 Leaw ,fli1 to bL. d o Pak d pOW"LM TrANetwodc Draft for Discussion proposed trs l matlgmnent Now- TNsiseaffiamaor Traa =r,Ot=r.pd Ttmym.*I.W Wdy. F f A 4- O LL i ff~ Page 11 WE REMEMBER HIM was the theme on September 3 s family and friends gathered to dedicatea trail to Hans Waldvogei who passed away in March of this year. In a touching and moving ceremony, Mary Waldvogel read aloud an epitaph and thanked everyone for the memorial to her husband. Thanks to Don and Ann Budge of Oneida Avenue who were instrumental in the gesture to commemorate our past treasurer. The trail extends from Oneida Avenue to the Recreation Centre. We Remember Him (adapted from Roland B. Glltelsohn) In the rising of the sun and in its going down we remember him In the blowing of the wind and in the chill of winter We remember him In the opening of buds and in the rebirth of spring We remember him In the blueness of the sky and in the warmth of summer We remember him In the naffing of leaves and in the beauty of autumn We remember him In the beginning of the year and when It ends We remember him When we are weary and in need of strength we remember him When wee are lost and sick at heart We remember him When we have joys we yagm to share we remember 4:.-n So long as we five, he too shell Ilve For now he is a part of us As we remember him rn 0 'IT rn (D 0) c6 Mary Waldvogel reads the eulogy "We Remember HIM" Family and friends attend the dedication of the Hans Waldvogel Trail on Oneida Avenue Mary Waldvogel (centre) with friends and neighbours Ann and Don Budge Agenda Item # 6b) - OMB Appeal of 2008-A-51 (Mike Gannon), 6 Catherine Street Ontario Commission des Municipal aff aires municipales Board de ('Ontario 655 Bay St Suite 1500 655 rue Bay Bureau 1500 Toronto, ON M5G 1 E5 Toronto, ON M5G 1 E5 Tel (416) 326-6800 T61(416) 326-6800 Toll Free: 1-866-887-8820 Sans Frais: 1-866-887-8820 Ontario Fax (416) 326-5370 Telec (416) 326-5370 www.omb.aov.on.ca www.omb.aov.on.ca IN THE MATTER OF subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: Applicant: Subject: Variance from By-law No.: Property Address/Description Municipality: OMB Case No.: OMB File No.: Municipal No.: Rich Foshay Mike Gannon Minor Variance 97-95 6 Catherine Street Township of Oro-Medonte PL090297 PL090297 2008-A-51 APPOINTMENT FOR HEARING ECV JUL 0 3 2009 ORO-MEDONTE TOWNSHIP The Ontario Municipal Board hereby appoints: at: 10:30 AM on: Tuesday, August 11, 2009 at: Council Chambers, Administration Office 148 Oro-Medonte Line 7 South Oro, ON LOL 2X0 for the commencement of the hearing of this appeal. The Board has set aside one (1) day for this hearing. All parties and participants should attend at the start of the hearing at the time and date indicated, irrespective of the number of days scheduled. Hearing dates are firm - adjournments will not be granted except in the most serious circumstances, and only in accordance with the Board's Rules on Adjournments. If you do not attend and are not represented at this hearing, the Board may proceed in your absence and you will not be entitled to any further notice of the proceedings. In the event the decision is reserved, persons taking part in the hearing and wishing a copy of the decision may request a copy from the presiding Board member or, in writing, from the Board. Such decision will be mailed to you when available. Pour recevoir des services en frangais, veuillez communiquer avec la Division des audiences au (416) 326-6800, au moins 20 jours civils avant la date fixee pour /'audience. DATED at Toronto, this 02nd day of July, 2009. PATRICK HENNESSY SECRETARY 4.01 Page 95 of 96 Agenda Item # 6b) - OMB Appeal of 2008-A-51 (Mike Gannon), 6 Catherine Street ONTARIO MUNICIPAL BOARD RULES ON ADJOURNMENTS 61. Hearina Dates Fixed Hearing events will take place on the date set unless the Board agrees to an adjournment. 62. Reauests for Adiournment if All Parties Consent If all of the parties agree, they may make a written request to adjourn a hearing event. The request must include the reasons, a suggested new date, and the signed consents of all parties. However, the Board may require that the parties attend in person or convene an electronic hearing to request an adjournment, even if all of the parties consent. 63. Reauests for Adiournment Without Consent If a party objects to an adjournment request, the party requesting the adjournment must bring a motion at least 10 days before the date set for the hearing event. If the reason for an adjournment arises less than 10 days before the date set for the hearing event, the party must give notice of the request to the Board and to the other parties and serve their motion materials as soon as possible. If the Board refuses to consider a late request, any motion for adjournment must be made in person, at the beginning of the hearing event. 64. Emeraencies Only The Board will grant last minute adjournments only for unavoidable emergencies, such as illnesses, so close to the hearing date that another representative or witnesses cannot be obtained. The Board must be informed of these emergencies as soon as possible. 65. Powers of the Board upon Adiournment Reauest The Board may, (a) grant the request; (b) grant the request and fix a new date or, where appropriate, the Board will schedule a prehearing conference on the status of the matter; (c) grant a shorter adjournment than requested; (d) deny the request, even if all parties have consented; (e) direct that the hearing proceed as scheduled but with a different witness, or evidence on another issue; (f) grant an indefinite adjournment, if the request is made by the applicant or proponent and is accepted by the Board as reasonable and the Board finds no substantial prejudice to the other parties or to the Board's schedule. In this case the applicant or proponent must make a request that the hearing be rescheduled; (g) convert the scheduled date to a mediation or prehearing conference; or (h) make any other appropriate order. August 11, 2008 4.01 Page 96 of 96