Loading...
06 18 2009 C of A MinutesAgenda Item # 12b) - Minutes of Committee of Adjustment, meeting held on June 18,... o~o MO r1OW-1 JUN 2 9 2009 ME ING: COUNCIL I C. OF W Proud Heritage, Exciriug Future Thursday, June 18, 2009 Present: Staff Present: TOWNSHIP OF ORO-MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers 9:30 a.m. Chair Michelle Lynch Member Rick Webster Member Garry Potter Member Lynda Aiken Member Bruce Chappell 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. f%Annn&40 nA 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 273 of 412 Agenda Item # 12b) - Minutes of Committee of Adjustment, meeting held on June 18,... 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 274 of 412 Agenda Item # 12b) - Minutes of Committee of Adjustment, meeting held on June 18,... 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 275 of 412 Agenda Item # 12b) - Minutes of Committee of Adjustment, meeting held on June 18,... 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. 1. 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 276 of 412 Agenda Item # 12b) - Minutes of Committee of Adjustment, meeting held on June 18,... 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 277 of 412 Agenda Item # 12b) - Minutes of Committee of Adjustment, meeting held on June 18,... 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 278 of 412 Agenda Item # 12b) - Minutes of Committee of Adjustment, meeting held on June 18,... 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 279 of 412 Agenda Item # 12b) - Minutes of Committee of Adjustment, meeting held on June 18,... 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 280 of 412 Agenda Item # 12b) - Minutes of Committee of Adjustment, meeting held on June 18,... 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 281 of 412 Agenda Item # 12b) - Minutes of Committee of Adjustment, meeting held on June 18,... i) 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 282 of 412 Agenda Item # 12b) - Minutes of Committee of Adjustment, meeting held on June 18,... 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 283 of 412 Agenda Item # 12b) - Minutes of Committee of Adjustment, meeting held on June 18,... 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. Carried. Steve arquh`ars ; Secretary Treasurer Michelle Lynch, Chair Page 12 of 12 Page 284 of 412