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)
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Meters
Development Services Meeting Date: July 16, 2009
Application No. 2009-B-18 Page 5 of 5
Page 22 of 96
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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
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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)
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Development Services
Application No. 2009-13-20 to 2009-13-23
2009-A-18
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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
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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
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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
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Development Services
Application No. 2009-B-19
Meeting Date: July 16, 2009
Page 4 of 4
Page 55 of 96
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Agenda Item # 5d)-2009-B-19- Horseshoe Valley Lands Ltd 1101 Horseshoe Valle...
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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
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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
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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...
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Page 79 of 96
Agenda Item # 5f) - 2009-A-19 - Margaret Arnold 227 Bass Line, Concession 1, Pa...
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)
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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
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rnl GEOGRAPHIC TOWNSHIP OF SOUTH ORILLIA
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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
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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
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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
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