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05 15 2008 CofA MinutesCommittee of Adiustment Minutes Thursdav Mav 15. 2008. 9:32 a.m. In Attendance: Member Rick Webster; Chairperson Michelle Lynch; Member Lynda Aiken; Member Bruce Chappell; Member Garry Potter; Secretary-Treasurer Adam Kozlowski Also present: Steven Farquharson, Marie Brissette 1. Communications and Correspondence Correspondence to be read at the time of specific hearing. 2. Disclosure of Pecuniary Interest Member Lynda Aiken declared a Pecuniary Interest for b) 2005-B-48 to 2005-B-50 (Jules Goossens), Sever 3 Lots on Part of Lots 25, Concession 10, 38 Poplar Crescent, (Former Township of Oro). Member Aiken left the room and did not participate in any discussion or vote on this item. Committee of Adjustment-May 15, 2008 Page 1 3. Hearings a) 2008-13-07 (Revised) (Raymar Investments) Boundary Adjustment for Pt. Lot 10, Con. 13, 1705 Mount St. Louis Rd. E., (Former Township of Medonte) In Attendance: Jim Even, Agent for Applicant Motion No. CA080515- 1 Moved by Bruce Chappell, seconded by Lynda Aiken BE IT RESOLVED that: Committee grant Provisional Consent to Application 2008-B-07 (REVISED), being for a conveyance of land having 13.53 metres of frontage on Mount Saint Louis Road, and an area of 0.181 hectares, subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the severed lands be merged in title with Concession 13, East part of Lot 10, known as RP-51 R768 Part 15, PIN 74059-0012 (LT), and that the provisions of Subsections (3) or (5) of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried Committee of Adjustment-May 15, 2008 Page 2 b) 2005-13-48 to 2005-8-50 (Jules Goossens) Sever 3 Lots on Part of Lots 25, Concession 10, 38 Poplar Crescent, (Former Township of Oro) Member Lynda Aiken declared a Pecuniary Interest for b) 2005-B-48 to 2005-B-50 (Jules Goossens), Sever 3 Lots on Part of Lots 25, Concession 10, 38 Poplar Crescent, (Former Township of Oro). Member Aiken left the room and did not participate in any discussion or vote on this item. In Attendance: Tiziano Zaghi, Agent for Applicant. Motion No. CA080515- 2 Moved by Bruce Chappell, seconded by Rick Webster BE IT RESOLVED that: Committee grant provisional consent for Applications 2005-B-48, 2005-B-49, and 2005- B-50 subject to the following conditions: 1. That Official Plan Amendment 25 to the Township of Oro-Medonte Official Plan be approved by Council for the County of Simcoe, and that Notice of Approval and/or Adoption be received from the County of Simcoe prior to the issuance of a Form 2 Certificate of Official for the proposed lots from the Secretary-Treasurer; 2. That the proposed lots conform to the lot line configuration, frontage and area provisions as depicted on "Schedule A-1" to By-law No. 2008-045, April 9, 2008, being Official Plan Amendment 25, Township of Oro-Medonte, AND as depicted on "Schedule A" to By-law No. 2008-046, April 9, 2008, being Zoning By-law Amendment 2005-ZBA-27, Township of Oro-Medonte; 3. 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; 4. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcels severed, for review by the Municipality; 5. That the applicant pay $ 2,000.00 for each lot created as cash-in-lieu of a parkland contribution; 6. That the applicant pay the appropriate Development Charges Fee for each lot created to the Township; 7. That all municipal taxes be paid to the Township of Oro-Medonte; and, 8. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried Committee of Adjustment-May 15, 2008 Page 3 c) 2008-B-11 to B-16 (Tim Crawford) Sever 6 Lots on Lot 26, Concession 9, (Former Township of Oro) In Attendance: Tim Crawford, Applicant; Bob McGregor, Neighbour. Mr. McGregor made presentation to the Committee. Motion No. CA080515- 3 Moved by Garry Potter, seconded by Bruce Chappell BE IT RESOLVED that: Committee grant provisional consent for Applications 2008-B-11, 2008-13-12, and 2008- 13, 2008-B-14, 2008-B-15 and 2008-B-16 subject to the following conditions: 1. That the proposed lots conform to the lot line configuration, frontage and area provisions as depicted on "Schedule A-1" to By-law No. 2007-126, November 14, 2007, being Official Plan Amendment 24, Township of Oro-Medonte, AND as depicted on "Schedule A" to By-law No. 2007-127, November 14, 2007, being Zoning By-law Amendment 2004-ZBA-04, Township of Oro-Medonte; 2. 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; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcels severed, for review by the Municipality; 4. That the applicant dedicates Block 7 as the appropriate contribution for parkland dedication. 5. That the applicant pay the appropriate Development Charges Fee for each lot created to the Township; 6. That all municipal taxes be paid to the Township of Oro-Medonte; and, 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 Committee of Adjustment-May 15, 2008 Page 4 d) 2008-A-15 (Matt Marshall) Variance for Front Yard Setback and Side Yard Setback on Plan 952, Lot 71, 2277 Lakeshore Road (Former Township of Oro) In Attendance: Matt Marshall, Tammy Massey, Applicants. Secretary-Treasurer read e-mail correspondence received from Susan Silma (concerns over reduced side yard setback) verbatim to Committee and the audience. Motion No. CA080515- 4 Moved by Rick Webster, seconded by Lynda Aiken BE IT RESOLVED that: Committee approve Variance Application 2008-A-15, being for the construction of a detached garage having an area of 57.9 square metres, to be located 3.05 metres from the front property line and 0.91 metres from the east interior side lot line, subject to the following conditions: That the detached accessory building, notwithstanding Section 5.1.3 a) and d), 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 3.05 metres from the front property line; and that the detached garage be setback no closer than 0.91 metres from the east side lot line; 3. That the applicant obtain any permits and/or approvals, if required, from the Lake Simcoe Region Conservation Authority; 4. That the appropriate building permit be obtained from the Township's Chief Building Official only after the Committee's decision becomes final and binding, as provided for within the Planning Act, R.S.O. 1990, c.P. 13. Deferred An amendment to the motion was requested. Committee of Adjustment-May 15, 2008 Page 5 Motion No. CA080515- 5 Moved by Garry Potter, seconded by Bruce Chappell BE IT RESOLVED that: Committee approve Variance Application 2008-A-15, being for the construction of a detached garage having an area of 57.9 square metres, to be located 3.05 metres from the front property line and 1.5 metres from the east interior side lot line, subject to the following conditions: 1. That the detached accessory building, notwithstanding Section 5.1.3 a) and d), 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 3.05 metres from the front property line; and that the detached garage be setback no closer than 1.5 metres from the east side lot line; 3. That the applicant obtain any permits and/or approvals, if required, from the Lake Simcoe Region Conservation Authority; 4. That the appropriate building permit be obtained from the Township's Chief Building Official 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 Committee of Adjustment-May 15, 2008 Page 6 4. Other Business Adoption of Minutes from April 17, 2008 meeting Motion No. CA080515- 6 Moved by Lynda Aiken, seconded by Bruce Chappell BE IT RESOLVED that: That the minutes for the April 17, 2008 Committee of Adjustment Meeting be adopted as printed and circulated. Carried Motion No. CA080515- 7 Moved by Garry Potter, seconded by Lynda Aiken BE IT RESOLVED that: That Committee hereby appoints Marie Brissette as Deputy Secretary-Treasurer for the Committee of Adjustment. Carried 5. Adjournment Motion No. CA080515- 8 Moved by Lynda Aiken, seconded by Bruce Chappell BE IT RESOLVED that: We do now adjourn at 12:02 pm. Carried Chairperson Michelle Lynch Secretary-Treasurer Adam Kozlowski (NOTE: A digital recording of this meeting is available for review.) Committee of Adjustment-May 15, 2008 Page 7