09 17 2009 C of A AgendaTorvnsI of
Proud Heritage, Exciting Future
Page
1. OPENING OF THE MEE
TOWNSHIP OF ORO-MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING AGENDA
COUNCIL CHAMBERS
Thursday, September 17, 2009
9:30 a.m.
TING BY THE CHAIR
2. ADOPTION OF AGENDA
3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
4. ADOPTION OF MINUTES
2-16 a) Minutes of the August 20, 2009 meeting.
5. PUBLIC MEETINGS:
17-33 a) 2009-A-24, Catherine Martin
46 Ward Avenue, Plan 979, West Part Lot 20, (Former Township of Oro)
Variance for minimum first storey floor area.
34-68 b) 2009-13-33, David & Kathleen Levison
Range 1, Pt of Lot 2, (Former Township of Oro), RP 51 R22929 Pt 1 to 3
Technical severance.
69-86 c) 2009-13-24, Terence and Mary Hunter
5696 Concession 4 North
Creation of a new lot.
6. NEW BUSINESS:
7. NEXT MEETING DATE
8. ADJOURNMENT
Page 1 of 86
Agenda Item # 4a) - Minutes of the August 20, 2009 meeting.
Township o f
Proud Heritage, Exciting Future
Thursday, August 20, 2009
THE TOWNSHIP OF ORO-MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING MINUTES
Council Chambers
9:34 a.m.
Present: Michelle Lynch, Chair, Lynda Aiken,
Bruce Chappell, Garry Potter, Rick Webster
Staff Present: Steven Farquharson, Secretary
Treasurer/Intermediate Planner, Marie Brissette,
Deputy Secretary Treasurer/Committee Coordinator,
Meghan Keelan, Planner, Andria Leigh, Director of
Development Services
1. OPENING OF THE MEETING BY THE CHAIR
Michelle Lynch assumed the Chair and called the meeting to order at 9:34 a.m.
2. ADOPTION OF AGENDA
a) Motion to Adopt the Agenda.
CA090820-01
Moved by Potter, Seconded by Chappell
It is recommended by the Committee of Adjustment that the agenda for meeting
of Thursday, August 20, 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) Committee of Adjustment minutes, meeting held on Thursday, July 16, 2009.
CA090820-02
Moved by Chappell, Seconded by Webster
It is recommended by the Committee of Adjustment that the minutes of the
meeting held on Thursday, July 16, 2009 be adopted as printed and circulated.
Carried.
Page 1 of 15
Page 2 of 86
Agenda Item # 4a) - Minutes of the August 20, 2009 meeting.
Minutes of the Committee of Adjustment meeting held on Thursday, August 20, 2009.
5. PUBLIC MEETINGS:
a) 2009-A-20 - Michael & Dawn Oschefski
1081 Woodland Drive, Lot 29, Plan 993 (Former Township of Orillia)
Variance from Interior Side Yard Setback.
CA090820-03
Moved by Webster, Seconded by Chappell
It is recommended that the Committee of Adjustment approves Variance
application 2009-A-20, being to construct an addition (basement) to an
existing cottage of an area of approximately 95.6sq.m (1,029sq.ft), which is to
be setback from the interior lot line at a distance of 1.1 metres, subject to the
following conditions:
1. That an Ontario Land Surveyor provide verification to the Township of
compliance with the Committee's decision by 1) pinning the footing and 2)
verifying in writing prior to pouring of the foundation by way of survey/real
property report so that the raised cottage be located no closer than
approximately 1.1 metres from the side 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
Carried.
Page 2 of 15
Page 3 of 86
Agenda Item # 4a) - Minutes of the August 20, 2009 meeting.
Minutes of the Committee of Adjustment meeting held on Thursday, August 20, 2009.
b) 2009-A-23 - Ed Mayhew
13 Greenwood Forest Road, Concession 5, Plan 709, Lot 37, (Former
Township of Oro)
Variance from Interior Side Yard Setback and Rear Yard Setback.
Rick McFadden was present on behalf of the applicant.
George Hawrysch, Member of the Board of Directors of Plan 709 Limited,
objected to the application citing it would impede on access provided by
a court ruling.
Clarification was provided as to the property boundaries and the Open Space
Zone.
CA090820-04
Moved by Chappell, Seconded by Webster
It is recommended that the Committee of Adjustment approves Variance
Application 2009-A-23, being to construct a deck with an area of
approximately 53.2sq.m (573sq.ft), which is to be setback from the interior
side lot line of 1.7 metres and 4.9 metres from the rear lot line, 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:
a) the deck be located no closer than approximately 1.7 metres from the side
lot line;
b) the deck be located no closer than approximately 4.9 metres from the zone
boundary acting as 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.
Carried.
Page 3 of 15
Page 4 of 86
Agenda Item # 4a) - Minutes of the August 20, 2009 meeting.
Minutes of the Committee of Adjustment meeting held on Thursday, August 20, 2009.
c) 2009-A-21 - Larry & Linda Hatherly
7 Stanely Ave, Lots 3 & 4, Plan 626 (Former Township of Oro)
Variance for Structures and Uses - Permitted Locations.
Larry Hatherly, applicant, was present.
CA090820-05
Moved by Aiken, Seconded by Chappell
It is recommended that the Committee of Adjustment approves Variance
Application 2009-A-21, being to construct a 22.3sq.m (240sq.ft) detached
accessory building for storage purposes, which is to be setback from the front
and interior lot lines at a distance of 1.0 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 that the detached accessory building be no closer than
approximately 1 m from the front lot line and 1 m from the interior side 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.
Carried.
Page 4 of 15
Page 5 of 86
Agenda Item # 4a) - Minutes of the August 20, 2009 meeting.
Minutes of the Committee of Adjustment meeting held on Thursday, August 20, 2009.
d) 2009-B-31 - James and Nancy Partridge
Part of Lots 14 & 15, Concession 5 (Former Township of Oro)
Sever Existing Single Detached Dwelling Unit.
2009-A-22 - James and Nancy Partridge
Part of Lots 14 & 15, Concession 5 (Former Township of Oro)
Sever Existing Single Detached Dwelling Unit.
Variance for Agricultural Buildings.
Trudy Paterson, agent, Nancy and Jim Partridge, applicants, were present.
Rita Squier was provided clarification on allowed uses for this type of zoning.
CA090820-06
Moved by Potter, Seconded by Aiken
It is recommended that the Committee of Adjustment approves Consent
Application 2009-B-31, being to permit the creation of a new residential lot as
a surplus to a farming operation. The lot to be severed is proposed to have
frontage along Line 4 of approximately 168 metres, and approximately 118
metres along 15/16 Sideroad and having a lot area of approximately 2
hectares, subject to the following conditions:
1. That three copies of a Reference Plan of the subject lands prepared by an
Ontario Land Surveyor be submitted to the Committee 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 applicant pay $2,000.00 for the lot created as cash-in-lieu of a
parkland contribution;
4. That all municipal taxes be paid to the Township of Oro-Medonte;
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 land owner apply for a demolition permit for the large, collapsed
Quonset Hut on the South-westerly limits of the main barn on the severed
lands.
Carried as Amended.
Page 5 of 15
Page 6 of 86
Agenda Item # 4a) - Minutes of the August 20, 2009 meeting.
Minutes of the Committee of Adjustment meeting held on Thursday, August 20, 2009.
CA090820-07
Moved by Chappell, Seconded by Aiken
It is recommended by the Committee of Adjustment that Motion No.
CA090820-06 be amended to add condition 6 "That the land owner apply for
a demolition permit for the large, collapsed Quonset Hut on the South-
westerly limits of the main barn on the severed lands".
Carried.
CA090820-08
Moved by Aiken, Seconded by Chappell
It is recommended that the Committee of Adjustment approves Variance
Application 2009-A-22, being to permit the existing agricultural building to be
located within the required interior side yard setback, subject to the following
condition:
1. That an Ontario Land Surveyor provide verification to the Township of
compliance with the Committee's decision by verifying in writing that the
agricultural barn be located no closer than approximately 8 metres from the
interior property line; and that the Quonset but be setback no closer than
approximately 2 metres from the interior side lot line.
Carried.
Page 6 of 15
Page 7 of 86
Agenda Item # 4a) - Minutes of the August 20, 2009 meeting.
Minutes of the Committee of Adjustment meeting held on Thursday, August 20, 2009.
e) 2009-B-32 - Nancy Partridge
Part of Lots 14 & 15, Concession 5 315 15/16 Sideroad East, (Former
Township of Oro)
Creation of New Lot.
Trudy Paterson, agent, Nancy and Jim Partridge, applicants, were present.
Rita Squier and Wendy Parkinson were provided clarification on allowed
uses for this type of zoning.
CA090820-09
Moved by Potter, Seconded by Webster
It is recommended that the Committee of Adjustment approves Consent
Application 2009-B-32, being to permit the creation of a new residential lot as
a surplus to a farming operation. The lot to be severed is proposed to have a
lot frontage along 15/16 Sideroad of approximately 63 metres, a depth of
approximately 100 metres and having a lot area of approximately 0.63
hectares, subject to the following conditions:
1. That three copies of a Reference Plan of the subject lands prepared by an
Ontario Land Surveyor be submitted to the Committee 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 applicant pay $2,000.00 for the lot created as cash-in-lieu of a
parkland contribution;
4. That all municipal taxes be paid to the Township of Oro-Medonte;
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.
Page 7 of 15
Page 8 of 86
Agenda Item # 4a) - Minutes of the August 20, 2009 meeting.
Minutes of the Committee of Adjustment meeting held on Thursday, August 20, 2009.
f) 2009-B-29 - Ethan Angi & Robert Angi
1270 Line 1 North, Lot 22, Concession 1 (Former Township of Oro)
Lot addition/boundary adjustment.
Robert Angi, applicant, was present.
CA090820-10
Moved by Chappell, Seconded by Aiken
It is recommended that the Committee of Adjustment approves Consent
Application 2009-B-29, being a lot addition/boundary adjustment. The
proposed lot addition will result in a parcel of 74sq.m (0.01 acres), being
added to an existing residential lot, 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 an Ontario Land Surveyor provide verification to the Township by way
of survey/real property report that the existing drive shed is no closer to the
new west corner of the enhanced lot than approximately 7.3 metres;
3. That the severed lands be merged in title with Con 1, E Part of Lot 22,
former Township of Oro(1262 Line 1 North 4346-010-001-14400)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;
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 the applicants solicitor provide an undertaking that the severed lands
and the lands to be enhanced will merge in title;
6. 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 15
Page 9 of 86
Agenda Item # 4a) - Minutes of the August 20, 2009 meeting.
Minutes of the Committee of Adjustment meeting held on Thursday, August 20, 2009.
g) 2009-B-30 - Jim Drury
West Part of Lot 11, Concession 5 (Former Township of Oro)
Severance for Proposed Development of a Plan of Subdivision.
Dan Amadio, agent, and Jim Drury, applicant, were present.
CA090820-11
Moved by Chappell, Seconded by Aiken
It is recommended that the Committee of Adjustment approves Consent
Application 2009-B-30, being to permit the severance of lands for a portion of
the property draft approved for a residential subdivision from the balance of
the property which is agricultural land. The lands to be severed have an area
of approximately 9 hectares, and are proposed for the future development of
15 residential lots, which are draft plan approved by Council, subject to the
following conditions:
1. That three copies of a Reference Plan of the subject lands prepared by an
Ontario Land Surveyor be submitted to the Committee 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 applicant pay $2,000.00 for the lot created as cash-in-lieu of a
parkland contribution;
4. That all municipal taxes be paid to the Township of Oro-Medonte;
5. That the applicant shall submit to the satisfaction of the County's
Transportation and Engineering Department a copy of the draft reference
plan for the proposed consent, depicting the County's standard 15 x 15 metre
daylight (sight) triangle at the northeast corner of the retained lands,
corresponding to the proposed intersection associated with the proposed
subdivision on the proposed severed lands;
6. 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 9 of 15
Page 10 of 86
Agenda Item # 4a) - Minutes of the August 20, 2009 meeting.
Minutes of the Committee of Adjustment meeting held on Thursday, August 20, 2009.
h) 2009-B-25 (Lot 2), 2009-B-26 (Lot 3), 2009-B-27 (Lot 13) and 2009-B-28
(Lot 14) - Indian Park Association
Part of Lot 3, Concession 6, Plan M-9, Block A & Part of Lot 3, Concession 6,
Plan M-8, Block A & Part of Lot 3, Concession 6, Plan M-30, Block A,
(Former Township of Oro)
Creation of New Lots.
Kris Menzies, agent, and D.L. Price Sherman, President of the IPA, were
present on behalf of the applicant.
Phillip McGee opposed Lot 14 (2009-B-28) as it would depreciate the value
of the trail system and green space.
Tushka T. Lapp questioned the boundary lines of Lot 3 (2009-B-26).
CA090820-12
Moved by Chappell, Seconded by Aiken
It is recommended that Consent Application 2009-B-25, being to create a
new lot with an area of approximately 0.32 hectares and approximately 68
metres of frontage along Huron Woods Drive, subject to the following
conditions:
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 a re-zoning to include a Holding provision, 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 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 15
Page 11 of 86
Agenda Item # 4a) - Minutes of the August 20, 2009 meeting.
Minutes of the Committee of Adjustment meeting held on Thursday, August 20, 2009.
CA090820-13
Moved by Chappell, Seconded by Aiken
It is recommended that the Committee of Adjustment approves Consent
Application 2009-B-26, being to create a new lot with an area of
approximately 0.21 hectares and approximately 37 metres of frontage along
Algonquin Trail, subject to the following conditions:
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 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 the conditions of consent imposed by the Committee be fulfilled within
one year from the date of the giving of the notice.
Carried.
Page 11 of 15
Page 12 of 86
Agenda Item # 4a) - Minutes of the August 20, 2009 meeting.
Minutes of the Committee of Adjustment meeting held on Thursday, August 20, 2009
CA090820-14
Moved by Chappell, Seconded by Aiken
It is recommended that the Committee of Adjustment approves Consent
Application 2009-B-27, being to create a new lot with an area of
approximately 0.28 hectares and approximately 61 metres of frontage along
Huron Woods Drive, subject to the following conditions:
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 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 the conditions of consent imposed by the Committee be fulfilled within
one year from the date of the giving of the notice.
Carried.
Page 12 of 15
Page 13 of 86
Agenda Item # 4a) - Minutes of the August 20, 2009 meeting.
Minutes of the Committee of Adjustment meeting held on Thursday, August 20, 2009
CA090820-15
Moved by Chappell, Seconded by Aiken
It is recommended that the Committee of Adjustment approves Consent
Application 2009-B-28, being to create a new lot with an area of
approximately 0.31 hectares and approximately 52.7 metres of frontage
along Oneida Avenue, subject to the following conditions:
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 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 the conditions of consent imposed by the Committee be fulfilled within
one year from the date of the giving of the notice.
Carried.
Page 13 of 15
Page 14 of 86
Agenda Item # 4a) - Minutes of the August 20, 2009 meeting.
Minutes of the Committee of Adjustment meeting held on Thursday, August 20, 2009.
i) 2009-A-08 - Rob Butler
67 Barrie Terrace, Lot 15, Plan 1
Variance for Front Yard Setback.
Nicolla Michenson, agent, and Rob Butler, applicant, were present.
Harold and Linda Roe, although not oppsing the application, asked that the
Committee add a condition that would ensure that all interests on the right of
way be released.
Andria Leigh, Director of Development Services, provided clarification as to
the Committee's authority.
CA090820-16
Moved by Potter, Seconded by Chappell
It is recommended that the Committee of Adjustment denies Variance
Application 2009-A-08 on the basis that the request is not considered minor.
Withdrawn.
CA090820-17
Moved by Potter, Seconded by Chappell
It is recommended that the Committee of Adjustment approves 2009-A-08,
being for the construction of an attached garage with an area of
approximately 51 sq. m. (576 sq. ft), onto the front of an existing dwelling,
which is to be setback from the front lot line at a distance of approximately 4.8
metres, 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 an Ontario Land Surveyor provides verification to the Township of
compliance with the Committee's decision by verifying in writing that the
proposed attached garage does not exceed approximately 4.8 metres to the
front lot line.
4. That the applicant provide the Township with an undertaking to release the
right of way over 65 & 57 Barrie Terrace.
Carried.
Page 14 of 15
Page 15 of 86
Agenda Item # 4a) - Minutes of the August 20, 2009 meeting.
Minutes of the Committee of Adjustment meeting held on Thursday, August 20, 2009.
6. NEW BUSINESS:
a) Steven Farquharson, Secretary Treasurer/Intermediate Planner, verbal
update re: OMB Appeal, 2009-A-51 (Mike Gannon).
CA090820-18
Moved by Webster, Seconded by Aiken
It is recommended that the verbal update presented by Steven Farquharson,
Intermediate Planner, re: OMB Appeal, 2009-A-51 (Mike Gannon), be
received.
Carried.
7. NEXT MEETING DATE
Next meeting date is September 17, 2009.
8. ADJOURNMENT
a) Motion to Adjourn.
CA090820-19
Moved by Aiken, Seconded by Potter
It is recommended that we do now adjourn at 2:31 p.m.
Steven Farquharson, Secretary Treasurer Michelle Lynch, Chair
Carried.
Page 15 of 15
Page 16 of 86
Agenda Item # 5a) - 2009-A-24, Catherine Martin 46 Ward Avenue, Plan 979, West...
~ ,ffLL(JfE'
ir,if.k" L~cirirzg t'n~~~ce
Application No:
2009-A-24
Meeting Date:
September 17, 2009
Roll
4346-010-005-3200
REQUIRED CONDITIONS:
TOWNSHIP OF ORO-MEDONTE
REPORT
To: Committee of Adjustment
Subject: Variance Application
(Catherine Martin)
46 Ward Avenue
Plan 979, West Part Lot 20, (Former
Township of Oro)
Prepared By:
Steven Farquharson, B.URPL
Intermediate Planner
Motion #
R.M.S. File
D13-39686
The following conditions are required to be imposed on the Committee's decision:
1. 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.
2. That the applicant meet all requirements set out to them by the Nottawasaga Valley
Conservation Authority, if applicable
3. That the existing dwelling on the property be removed prior to the issuance of a Building permit.
BACKGROUND:
The subject property currently contains a single family dwelling on the south side of Ward Avenue on
the east side of Bass Lake. The subject property contains approximately 30.4 metres of frontage on
Ward Avenue, and an area of approximately 0.14 hectares (0.35 acres). The proposed dwelling does
not meet with the required minimum first storey floor area, being 90 square metres. As such, the
applicant has applied to the Committee of Adjustment for a variance for a reduction in the minimum
first storey floor area from 90 square metres (968.8 square feet) to 80 square metres (861 square
feet).
ANALYSIS:
The applicant is proposing to construct a single detached dwelling. The property is zoned Shoreline
Residential (SR) Zone. The applicant is requesting the following relief from Section 4, Table B1 of
Zoning By-law 97-95:
Minimum First Storey Floor Area:
FINANCIAL:
Development Services
Application No. 2009-A-24
Reauired Proposed
90 sq. metres 80 sq. metres
Meeting Date September 17, 2009
Page 1 of 8
Page 17 of 86
Agenda Item # 5a) - 2009-A-24, Catherine Martin 46 Ward Avenue, Plan 979, West...
Not applicable.
POLICIES/LEGISLATION:
Does the variance conform to the general intent of the Official Plan?
The property is designated Shoreline in the Official Plan. Section C5 which contains the Shoreline
policies in the Township's Official Plan sets out the following objectives:
• To maintain the existing character of this predominantly residential area.
o The proposed dwelling is in keeping with the characteristics of the area in that the
proposed dwelling of 80 square metres is in close relation to the range of first storey
floor areas ranging from 64.4 square metres to 129 square metres on Ward Avenue.
• To protect the natural features of the shoreline area and the immediate shoreline.
o As the applicant is proposing to construct the proposed dwelling further away from the
average high water mark of Bass Lake, than the existing dwelling. Currently the existing
dwelling is within the required setback of 15 metres of Bass Lake. The applicant is
proposing to place the new dwelling at a distance of 17.0 metres from the average high
water mark of Bass Lake. This would be protecting the natural features of the shoreline.
The requested variance for the relief of first storey floor area would appear to maintain the character
of the residential area, as dwellings are a permitted use in the Shoreline designation. The dwelling
would not infringe on any natural features or the shoreline. The applicant is proposing to tear down
the existing dwelling 80 square metres (864 square feet) and replace it with a same size dwelling,
however is setback further from the average high water mark of the existing dwelling. 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 Shoreline Residential (SR). The Shoreline Residential (SR) Zone
permits single detached dwellings. With respect to the proposed reduced minimum first storey floor
area, it is the intent of the By-law to ensure that new residential construction does not take the form of
unduly small, seasonal, or temporary dwellings, which may detract from the general character and
aesthetics of the local neighbourhood. The application at hand seeks to construct a two storey
dwelling with an attached deck on front entrance and living room entrance. According to drawings
submitted with the application, the first storey floor area, minus the attached decks, is approximately
80 square metres. The total gross floor area of the proposed dwelling will be 100 square metres.
Aside from the minimum first storey floor area requirement, the proposed dwelling otherwise meets
with all applicable front, side, and rear yard setbacks, and complies with setback from the average
high-water mark to Bass Lake as prescribed.
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-24
Meeting Date September 17, 2009
Page 2 of 8
Page 18 of 86
Agenda Item # 5a) - 2009-A-24, Catherine Martin 46 Ward Avenue, Plan 979, West...
Is the variance appropriate for the desirable development of the lot?
Based on the site inspection, it was noted that surrounding dwellings on Ward Avenue are larger then
what the applicant is proposing. However, many of the homes, if the garage area was ignored,
appeared to be quite small, particularly in the single storey examples. A survey of the first storey floor
area of homes on Ward Avenue in close proximity to the subject lands was taken, and according to
Township building records, structures in the area range between 64.4 square metres to 129 square
metres. As such, the average first storey floor area for dwelling on Ward Avenue is 80 square
metres, consisting of a mix of one and two-storey dwellings. As the proposed dwelling would consist
of a first storey floor area of 80 square metres, the proposed structure would be compatible with the
character of development in the area. The existing dwelling is currently within the required setback
from the average highwater mark of Bass Lake of 15 metres. The applicant is proposing to place the
new dwelling at a distance of 17.0 metres from the average high water mark of Bass Lake. This would
remove a structure that is in non-conformity with the By-law for setbacks to the average high water
mark and bring it into compliance. As such, the variance is desirable for the appropriate development
of the lot.
Is the variance minor?
As this application should not adversely affect the character of the surrounding area, or the intended
use of the subject lands, the proposed variance is considered to be minor.
CONSULTATIONS:
Public Works Department
Building Department- Septic permit will be required for review and approval
Engineering Department
Nottawasaga Valley Conservation Authority- Comments Forthcoming
ATTACHMENTS:
1. Location Map
2. Site Plan
3. Floor Plan
4. Elevation Drawings
CONCLUSION:
In the opinion of the Planning Department, Variance application 2009-A-24, being an application for
relief from the minimum requires frost storey floor area for a dwelling, appears to satisfy the tests of
the Planning Act.
Respectfully submitted:
Steven Farquharson, B.URPL
Intermediate Planner
Reviewed by:
Glenn White, MCIP, RPP
Manager of Planning Services
Development Services
Application No. 2009-A-24
Meeting Date September 17, 2009
Page 3 of 8
Page 19 of 86
Agenda Item # 5a) - 2009-A-24, Catherine Martin 46 Ward Avenue, Plan 979, West...
SCHEDULE 1: LOCATION MAP
2009-A-24 (MARTIN)
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Page 20 of 86
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Meeting Date September 17, 2009
Page 5 of 8
Page 21 of 86
Agenda Item # 5a) - 2009-A-24, Catherine Martin 46 Ward Avenue, Plan 979, West...
SCHEDULE 3: FLOOR PLANS
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Application No. 2009-A-24 Page 6 of 8
Page 22 of 86
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Page 23 of 86
Agenda Item # 5a) - 2009-A-24, Catherine Martin 46 Ward Avenue, Plan 979, West...
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Page 24 of 86
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Page 32 of 86
Agenda Item # 5a) - 2009-A-24, Catherine Martin 46 Ward Avenue, Plan 979, West...
September 16, 2009
Steven Farquharson, Secretary-Treasurer
Committee of Adjustment
Township of Oro-Medonte
P.O. Box 100
Oro, Ontario, LOL 2X0
Member
m,11icipalitics
Dear Mr. Farquharson;
Adijl,,t4hsoft)nW)
Re: Application for Minor Variance 2009-A-24 (Martin)
Aniaaararh
Part Lot 2, Concession 14, 46 Ward Avenue
rl,rr1,
Township of Oro-Medonte (Formerly Township of Oro)
me tilt Ir-AkouriNlins
The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this
t r rir<„ -ewe a Caw illintt?Ltry
minor variance application in accordance with regulations established
under the Conservation Authorities Act.
The NVCA has no objection to the approval of this application subject to
B: o
the following condition:
i;5ntxfil
mvl.Dr=am#p • That the applicant obtain a permit from the Nottawasaga Valley
,nom) Conservation Authority under the Conservation Authorities Act.
The purpose. of the permit in part is to ensure adequate floodproofing
"k'"'elevations for the proposed structure and ensure erosion and sediment
controls are installed prior to construction to protect Bass Lake and
c;r l,lwi associated environmental features and functions.
41;a•ffisirnrThank you for circulating this application and please advise us of any
decision.
Sincerely,
'Watershed
Counties
/G+••
sit,ks,~ Tim Salkeld
rf«rin Resource Planner
Tpy
~lfJT'AV•/A ACA `JAI_L`c`! r CN ?1/AT QtJ. A=JT6~RlT Centre ror Consarrarloi
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Page 33 of 86
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
TOWNSHIP OF ORO-MEDONTE
REPORT
(9>rv~.~~..~e~rirzte
1'rovd HMfagc, F..iH g Fvuur
Application No:
To: Committee of Adjustment
Prepared By:
2009-B-33
Meghan Keelan, Planner
Meeting Date:
Subject: Consent Application
Motion #
September 17, 2009
David & Kathleen Levison
Range 1, Pt of Lot 2
Roll
(Former Township of Oro),
R.M.S. File
4346-010-007-06400
RP 51 R22929 Pt 1 to 3
D10-39685
4346-010-007-0660
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 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 and the
parcel description of the recreated parcels 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.
BACKGROUND:
The purpose of the consent application is for a technical severance to recreate a lot which once
existed as a separate parcel of land. The lands proposed to be severed would have a frontage along
Range Road of approximately 65.8 metres (216 feet), frontage on Ridge Road of approximately 353.5
metres (1160 feet), a lot depth of approximately 172.2 metres (565 feet) and a lot area of
approximately 5.2 hectares (13 acres).
The lands to be retained would have frontage along Ridge Road of 538.2 metres (1766 feet), frontage
on 5/6 Sideroad of 298.3 meters (979 feet), a lot depth of approximately 235.3 metres (772 feet), and
a lot area of approximately 8.9 hectares (22 acres). Both parcels are currently vacant. The notice
which was sent out indicated there are buildings on the property, however there are not.
The applicant's solicitor has submitted a historical timeline of the property, which has been attached
for the Committee's reference. Mr. J.N.D. Holden acquired the retained parcel on June 18, 1956. In
March 1969, Mr. J.N.D. Holden acquired the severed parcel. It was at this point that the two
properties merged into one lot. The deeds which support this timeline are attached to this report. The
Development Services
Application No. 2009-B-33
Meeting Date: September 17, 2009
Page 1 of 6
Page 34 of 86
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
two properties have continued to be assessed as separate parcels with separate roll numbers and
taxes paid accordingly.
ANALYSIS:
The purpose of consent application 2009-B-33 is for a technical severance to recreate lots which
previously existed as separate conveyable parcels of land. The Township's Official Plan contains
policies (Section D2.2.3) which permit Planning Staff and the Committee to consider technical
severances. These policies are discussed further below.
FINANCIAL:
Not applicable.
POLICIES/LEGISLATION:
OFFICIAL PLAN
The subject lands are designated Agricultural in the Township's Official Plan.
Section D2.2.3 of the Official Plan provides a specific policy to allow the Committee to consider
applications to correct a situation where two or more lots have merged on title maybe be permitted,
provided that the Committee of Adjustment is satisfied that the following criteria have been met.
Planning Staff's opinion of how the criteria have been met are outlined below.
a) Was once separate conveyable lot in accordance with the Planning Act,
As per the attached deed, in 1956 the parcel identified as the retained, was purchased separately and
therefore was conveyable in accordance with the Planning Act.
b) The merging of the lots was unintentional and was not merged as a requirement of a previous
planning approval,
A planning approval has not been granted for the subject lands.
c) Is of the same shape and size as the lot which once existed as a separate conveyable lot;
A review of the deeds determined that the proposed parcels are the same size and shape that existed
at the time they were separate lot. The Township will require that a surveyor confirm the new lots
match the original description.
d) Can be adequately serviced by on-site sewage and water system;
The parcels should be of an adequate size to permit the establishment of private services, this would
be further confirmed prior to the issuance of any building permits.
e) Fronts on a public road that is maintained year-round by public authority,
The parcels front onto 5/6 Sideroad and Range Road as well as Ridge Road respectively, all three of
these roads are maintained year-round by a public authority.
Development Services
Application No. 2009-&33
Meeting Date: September 17, 2009
Page 2 of 6
Page 35 of 86
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
f) There are no public interest served by maintaining the property as a single conveyable parcel,
The public interest would not be affected by this proposal.
g) Conforms with Section D2.2.1 of this Plan; and,
Section D2.2.1 of the Plan is discussed below.
h) Subject to the access policies of the relevant road authority
At the time a building permit is applied for an entrance permit would also be required from the
Township for access from 5/6 Sideroad or Range Road. An entrance permit from the County would
be required for access from Ridge Road.
Section D2.2.1 of the Official Plan contains test for the creation of a new lot by way of Consent. In
particular, this section states 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 year round basis:
Both the proposed severed would have frontage on Range Road and the retained land will have
frontage on 5/6 Sideroad, which are public roadways maintained year-round by the Township of Oro-
Medonte.
b) Does not have direct access to a Provincial Highway or County Road, unless the Province or
the County supports the request;
The properties would have frontage on Ridge Road, which is a County Road; however no entrances
are proposed at this time and both parcels have access to municipal roads should an entrance be
required in the future. The application has been sent to the County, however at the time of writing this
report no comments have been received.
c) Will not cause a traffic hazard;
This application proposes to recreate a lot. Significant traffic volume will not be generated by any
additional dwellings if located on the proposed lots. The applicant will be required to apply for and
obtain an entrance permit from the Township Public Works Department.
d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive
Zoning By-la and is compatible with adjacent uses;
The application proposes to recreate a lot that once existed, which has inadvertently been merged on
title. The lands to be retained would have an area of approximately 8.9 hectares (22 acres) and a lot
frontage along 5/6 Sideroad of 298.3 meters (979 feet). The severed lands would have frontage on
Range Road of approximately 65.8 metres (216 feet), and a lot area of 5.2 hectares (13 acres). The
minimum required lot area for a residential use in the A/RU Zone is 0.4 hectares, and the minimum lot
frontage is 45 metres. It has been noted that the proposed severed lot does meet the lot area and
frontage of the A/RU Zone.
e) Can be serviced with an appropriate water supply and means of sewage disposal,
The applicant will be required at the time of submission of building permit to meet all requirements for
septic system installation and private water supply. The Township Zoning By-law has established a
minimum lot area of 0.4 hectares for a residential use in the A/RU Zone to reflect development on
Development Services
Application No. 2009-B-33
Meeting Date: September 17, 2009
Page 3 of 6
Page 36 of 86
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
private services. The applicant will be required at the time of building permit to verify that the sewage
system meets minimum required setbacks as per Part 8 of the Ontario Building Code.
f) Will not have a negative impact on the drainage patterns in the area;
Any future residential development will be reviewed by the Township Building Department, where the
construction of a new single detached dwelling may be subject to the completion of a lot grading and
drainage plan to ensure water runoff has no negative impact on neighbouring properties.
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;
The retained lands, will meet with the minimum required lot frontage and area requirements of the
Zoning By-law. No development applications are active adjacent to the subject lands, and as such no
negative impacts with respect to access are anticipated as a result of this consent.
h) Will not have a negative impact on the features and functions of any ecological feature in the
area,
The property is not regulated by a Conservation Authority, nor are there any features identified on the
property on Schedule B of the Official Plan. Therefore there are no features to be impacted by the
application.
i) Will not have a negative impact on the quality and quantity of groundwater available for other
uses in the area;
Any future development would require appropriate approvals for a well, which would ensure it would
not negatively impact the quality and quantity of groundwater.
On this basis, the application is considered to be appropriate and generally conforms to the Official
Plan.
ZONING BY-LAW
The subject property is currently zoned Agricultural/Rural (A/RU) in the Township's Zoning By-law 97-
95, as amended. The proposed severed and retained lots would continue to comply with the
provisions of the Agricultural/Rural (A/RU) Zone, as the minimum lot area and frontage have been
met.
Therefore, the application would comply with the provisions as prescribed by the Zoning By-law.
CONSULTATIONS:
Public Works Department- no concerns
Building Department- no concerns
Engineering Department -
County of Simcoe -
ATTACHMENTS:
Schedule #1- Location Map
Development Services
Application No. 2009-8-33
Meeting Date: September 17, 2009
Page 4 of 6
Page 37 of 86
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
CONCLUSION:
By reviewing the timeline provided by the applicant, which confirms that these parcels previously
existed as separate parcels, determining that the proposal appears to meet the criteria required by
Section D2.3.10 of the Official Plan, and that these parcels have maintained separate roll numbers,
maintains the use and setback provisions of the Zoning By-law and has been shown as separate
parcels on the zoning map, it is the opinion of the Planning Department, that Consent application
2009-B-33 for a technical severance is appropriate.
Respectfully submitted: Reviewed by:
k
Meghan Keelan, B.E.S. Glenn White, MCIP RPP
Planner Manager, Planning Services
Development Services Meeting Date: September 17, 2009
Application No. 2009-8-33 Page 5 of 6
Page 38 of 86
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
SCHEDULE 1: LOCATION MAP
2009-B-33(Levison)
LAKE S1MC+OE
0 45 91 180 270
Development Services
Application No. 2009-&33
X
Lands Proposed to be Severed
® Lands Proposed to be Retained
Meeting Date: September 17, 2009
Page 6 of 6
Page 39 of 86
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Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
K JOY UMSON
Barrister and Solicabr
AREAS OF PRACTICE: Real Estate, Corporate/Commercial
Wills and Estates, Family Low
August 27, 2009
Via Facsimile 1-7051187-0133
The Township of Oro-Medome
148 Line 7 South, Box 100
Oro, ON LOL 2X0
Attention: Steven Farouharson
Dear Sir:
34A Clapperlon Street
Barrie, Ontario, L9M 3E7
Tell. (705) 737-5410
Fax (705) 737-5418
RE- Severance G.L. 2009-11-33 0 410. Lot 2. Range 1. Oro-Medonte
As per your request I am providing copies of deeds #56109 and 293321. These deed numbers are
clearly evidenced on the survey material provided being 51R-22929.
1. Mr. J.N.D. Holden acquired the "retained parcel" by deed number 56109 on June 18,
1956. At that time he owned no abutting land.
2. On the 26" day of March, 1969 by deed number 293321 Mr. J.N.D. Holden acquired the
"severed parcel" (secondly in deed). At that point in time two previously legally separate
properties merged into one for the purposes of the Planning Act.
3. The properties continue to be separately assessed. Retained parcel: roll #4346-010-007-
06600-0000. Retained parcel: roll 1!4346-010-007-06410-0000. Copies attached.
4. The Township zoning map also recognizes the singularity of the two parcels. Copy
attached.
Yo ery truly,
K. J y L vison
KJL:rpk
Page 42 of 86
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
need- Without Dewey
Q1~
e (in duplicate) the lst day of June,
one thousand nine hundred and fifty-six
3n Vurguance of Zbe ibbort Yaw of lCoubMa uO lid
XeMun
HOLDEN, of the City
52T.'. Ad.196 c $ o oronto, in the county of
r'WI"# York, Widow of John B. Holden,
deceased$
hereinafter called the GRANTOR,
OF THE FIItST PART,
- and -
J~ of the City
0 oronto, n a County of
York, YArine Contractor,
hereinafter tailed the GRANTEE,
OF THE SECOND PART.
MM000 that in consideration of natural love and affection
and the sum of ONES
- 01.00) Dollars
of lawful money of Canada now paid by the said Grantee to the said
Grantor (the receipt whereof is hereby by aclmowledged),
the said Grantor 1o th Irma unto the said Grantee in fee simple.
OU wt0 $in4alar that certain parcel or tract of land and premises
situate lying and being in the Province of Ontario, County of
Simcoe, Township of Oro, containing by admeasurement Twenty-
one (21) acres more or less, and being composed of Part of
Lot Two (2) in the First Range of said Township, which said
parcel or tract of land may be more particularly described
as followst-
COMENCING at the intersection of the Northerly limit of
Ridge Road with the Easterly limit of the Original Sixty-six
foot (66+) Road Allowance between the First Range and
Concession two (2);
Page 43 of 86
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
PADS IA
THENCE North Fifty-nine degrees and Right minutes East ti
(N. 590 81 B.) along the North limit of Ridge Road a distance
of Seven Hundred and Nineteen and Fifty-four One-hundredths
feet (719.34')f
THENCE North Sixty degrees, Thirty-five minutes and
Thirty seconds East (N. 600, 33', 30" E.) continuing along the
I
North limit of Ridge Road a distance.of One Thousand and Forty-".;.
six and Ninety-three One hundredths feet (1,vO4.6.93+) to a fence
' THENCE Worth Twenty-seven degrees, Twenty-six minutes and
Thirty seconds West (N. 270, 269, 30" W.) along a fence a
distance of Five Hundred and Sixty-seven and Seventy-five One-
Hundredths feet (367.751) to the Southerly limit of the
Canadian National Railway Right-of Wayl
THENCE South Sixty-six degrees 'dirty-one Vdautes and
Thirty seconds West (S. 660. 31' 30" W.) along the South limit
of said Right-of-Way a distance of One Thousand, One hundred
i
and Sight and Seventeen one-hundredths feet (1,109.179) to the
Easterly limit of the Original Sixty-six foot (66,) Road
Allowance between the First Range and Concession Two (2)f
THENCE South Fourteen degrees, Fifty-three minutes and
Twenty seconds West (S. 140, 53'20" W.) along, the East limit ,t
of said Road Allowance a distance of Nine Hundred and Seventy- i;
eight and Seventy-one one-hundredths feet (978.719) more or
less to the point of commencement.
THE herein Described parcel of land is shorn outlined in
blue on a Plan of Survey by Humphries and Hurghan, Ontario
Land Surveyors, dated the 25th day of January, 1956, a true
copy of which is attached hereto and marked Annexure "A" to
this Deed.
SUBJBCT to an Easement for a Hydro line across the
Page 44 of 86
Rnuthorla wart n'£ Maid ereearty-
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
Deed d Land
Paw f -un. D ob-
Page 45 of 86
g0 babt Mb to bQlb unto the said Grantee his heirs and
assigns, to and for his and their sole and only use for ever. Amwect
,4ebectbelm to the reservations, limitations, provisoes and conditions,
uonr O-A in +1- nrininsl "mvi+ Fhnranf frnm +ha C'mwn_
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
rwd _ Witham Down
rees-D"an.b-
0be said Grantor tlabe W a with the said Grantee g►dt 8 he
has the right to convey the said lands to the said Grantee notwithstand-
ing any act of the said Grantor .
20 Od the said Grantee shall have quiet possession of the said lands,
free from all enc unbrances.
Rub the said Grantor /Cabtmd 8 with the said Grantee that she
wMexecute such further assurances of the said lends as may be requisite.
fl<nb the said Grantor tobmW 8 with the said Grantee that she
has done no act to encumber the said lands.
SM the said Grantor Seleast s to the said Grantee fZill hal,
claims uvon ft said land
PW&,h. Px" -b Nab-4b
IN THE MIZENCE OF
%"iV~ 0
Page 46 of 86
3n Mato WijaW the said parties hereto have hereunto set
their hands and seals.
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
t
COUNTY OF YORK I TO al C~904111'</ a/ X Ale 0
TO WITII 01 the City of Toronto, in t eCoun y
y of ork,
,So [ i'1`dr
1. THAT I was personally present and did see the within
or annexed Instrument and a duplicate thereof duly signed, sealed
and executed by MAUDE L. BOLDED, one of the parties thereto.
2. THAT the said Instrument and duplicate were executed by
the said party at the City of Toronto.
3. THAT I know the said party.
4. THAT I am a subscribing witness to the said Instrument
and duplicate.
j
SWORN before me at the City
of Toronto, in the County
r•
of York this it
day of A.D. 1956.
4
A Commissioner for taking Affidavits, etc.
t.
h
C'
Page 47 of 86
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
S-m3r.. Oft
,liff~~viii, ~ itir~tcefer ~a~ lhrt
IN THE MATTER OF THE LAND TRANSFER TAX ACT
PROVINCE OF ONTARIO I, MAODE L. HOLDEN,
COUNTY OF atthe City of Toronto,
l.d. C.,t.,f York, Widow, Grantor
To wit: named in the within (or annexed) transfer mate oath and say:
I oar the Grantor
w .,.ae er sa.
~~.e..,,. „ named In the within (or annexed) transfer.
4. I have s
personal knowledge of the facto stated in this affidavit.
of
+a Z.= & The true amount of the monies in cash and the value of any property or security included in the
a~ emsideration is as follows:
sm.s be, =
s-9 z- (a) Monies paid in cash--.-..-___._. 1....1.00
E 7- -
(b) Property trandarred in subange; Equity value 1_ r
Encumbra.wsa '~a . Nil
(e) Securities transferred to the value 1...-Nil
(d) Balances of aide tig encumbrances with interest owing at date of transfer Nil seest
(e) Monies wanted by mortgage under this transaction-.. it ~ ab,wi
(J) Limy annuities tad maintenance charges to which transfer is subject S.-
Total consideration 1-.-.. SIM-
4. . If consideration is samisal, is the transfer for natural eve and~ms3er9 and 30A
_MO^tti
5. If eo, wbat is the relationship between, Grantor and Grantee?
8. Other remarks and explanati ons, if necessary
Sworn bsfme me at the city __)-Q~
Toronto
the Connq g York,
day of at. A.D. It 5
A Cones mdoner, ate.
Page 48 of 86
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
S -Teed - WitDh4 Dower M
n~: a
made (in duplicate) the seventeenth day of March,
one thousand nine hundred and sixty-nine
Jn Vurouance of Zbe (tort j1ormsc of Conbepancet get
~etE~een
L. H Te.•ro, raiod-
m ; of the City j.
0 oroato, In the County of
York, Widow,
(hereinafter called the "Grantorm)
OF THE FIRST PART
f'
- and -
4OHM Y. 0- HIM of the
ownahl of Dro, in the county
of Simcoe, Forster,
(hereinafter called the *Grantee*):
OF THE SECOND PART
itttegget j that in consideration of other good .and valuable.-
r•
consideration F
consideration and the sum of ORE---------- 'i
f;
i.
:i
't (l-OO )•-:•••a••r Dollaai
i;
i of lawful money of Canada now paid by the said Grantee to the said
Grantor (the receipt whereof is hereby by her acknowledged),
the said Grantor Both @rant unto the said Grantee in fee simple.
9111 anb bingular th at certain parcel or tract of land and premises "
tuate lyin d b • in the Township of Oro, in the County of }i
1imcoe 4a we Was of Ontario, being composed of part
of Lots 1, 2 and fill of 3 in Range 1 for the said township,
containing a total of 115.12 acres, be the same sore or less; F.
and which said parcels may be more particularly described a•
follows
PRUISING that the easterly 1ULt of Lots 1 and 2 has an
astronomical course of N. 30 degrsea 23tW-, derived from a
sun observation, and relating all bearings herein, thereto.
FIRSJT&L All that part of Lot 2 and all Lot 3 in Range 1
contisning 77.50 acres more or less COOMCIIG at the
north-easterly angle of Lot 3; ?SEMI S- 30 degrees 23x8.,
along the easterly limit of Late 3 and 2 a distance of twenty-
four hundred and sixty and one tenth (2460.11) feet to a point
Page 49 of 86
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
in the northerly lima of the Canadian National Railrq risht-of-1
wry; TRUCE S. 59 degrees 241M., along this said northerly limit
of the Railwq right-of-wn a distance of twenty-three hundred
and th
cold w
Land un
f
SEMMn
s
f
aeatio
S. 59
a
seven
TRUCE
or fiv
_Af
_Z6W_ son (2161) fact so
i
coaftenoomentl
THIRM t All that yart of Lots 1
A." ec.ta~ining 24.09 acres, be th
particularly described as tollorsi
southerly t of the Ridge Road,
easterly limit of Lot 2 said
airtr-tva and three te;6; (WA-3t
231$., th•resloa_ from the northaa
8. 53 degrees 3o W., along the so
a distanse of Lin hundred and one
a pointi THUGS S. 30 degrees 231
limit of the lot a distance of one
to a point, being th~o pout of cos
i being described; iM 2 S. 30 dog
limit of the lands described to re
17125, being parallel to the caste
of twalte lutndred and fifteen, and
a point in the northerly limit of
following the windings of this 2 lying south of the Ridge '
of wq*; MME s. 59 degrees 371
right-of-mw a distance of six
I' test to a point; THUGS N. 30 dspr
esstorly Unit of Lot 1 a distant0
and eight tem0a (415.81) feet to
37'M., along the northerly limit.
registered tnatramont number 1279
cad fifty-two and :forty four one
point; THUGS S. 33 degrees 1112.
forty and fire touthe (140.51) t
degrees 3918. a distance of four
toothy (404.71) fact more on less
mark of Lake Maws] THUGS in a
m nor. or lose more
~GIN1tIIs at a pent in the
it to intersected by the
Wt s aiurrid S3. 30 d~r•os
s17r ule thlrio_; dYg~eICB
two tenths t the
1.2x) f eel at
a twenty-five 12511 foot
Y., alaag this said licit 61111-h
hundred and twenty-throe (6232)
ees 239W., parallel to the
of four hundred and fifte•a
a point] THUM B. 59 degrees j
of the lands described in
6 a distance of three hundred
hundredths (352.44') rest to a
S. 31and
nit to a point• ; out hundred
hundred and four and seven
to a point In the high rater s
general westerly direction
said high water mark a distance
of thirty-three (331 feet more or less to a point; THesCa N-
31 depose 39'w•, a distance of three hundred and o•memwty-fire
and seven temrtlaa (373.71) fact to a iplt r: THBdiCS N. 33 dope
1.1111.ialong a wino tone line a • of six* hundred and
■cr•u7:fiws and two touthe (975.21 fait to a point in the
Page 50 of 86
].r halt of Lot 2; TRUd* k. 7 ebgraes 37+$: along t-t2hia I
esterl SUnit of Late 2 and 3 a distance of girt;-one
hundred
and-one and four tonthe (3131.41) foot to the
northwestea~ly a of Let 31 THlOiC2 N. 59 dogrees 2712., along ,
rthorrl limit of Lot 3 a distance of four hundred and eight
cis twthe (404.61) feet to the point of sommeneenont;
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
Dmd of Land
:I h[tP-1)fei DarMn . .
it 4
I
i~
4
}E
1
.i
i
i j
4
go babt anb to botb unto the said Grantee his heirs and
assigns, to and for hie and their sole and only use for ever. Onwett
Aebttodw to the reservations, limitations, provisoes and conditions, 1
expressed in the original grant thereof from the Crown
Page 51 of 86
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
Deed -Without Dower .
Pure S- D_ • Do.b-
9be said Grantor aCobenant s with the said Grantee Tbaat S he
ha the right to convey the said lands to the said Grantee notwithatand-
ing any act of the said Grantor
I
Sub teat the said Grantee shall have quiet possession of the said lands,
free from all encumbrances.
210 the said Grantor "enant s with the said Grantee that she
will execute such further assurances of the said lands as may be requisite.
Mnb the said Grantor 1Cabettants with the said Grantee that she
ha s done no act to encumber the said lands.
1Snb the said Grantor Relent a to the said Grantee all her
claims upon the said lands.
if
i
Jn Witnto Mljereof the said parties hereto have hereunto set
their hands and seals.
^Mb. ~~,i<n seta tttr~rn
IN THE PRESENCE OF
Page 52 of 86
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
AFFIDAVIT AS TO LEGAL AGE AND MARITAL STATUS
PROVINCE OF ONTARIO I/=&.....Aw4A..1,a....{01Q4
COUNTY OF YC~$ of the C1LAY.............. ._....._......of................. Q{'~ ~s~..............
v«a and To Wit:. in the County of 19rk.f....Uft
°wi in the within instrument named, make oath and say that at the time of the executiou of the within
and ialti.t. instrument,
1. I was of the full we of twenty-one years;
If Artnmr
as (oohs
8. X
8.
a
SWORN before me at the...._r . f
of
t~.C G Ci~ C. v.
......_Torotc...__-........._
to f>~..._7thtY...of..Yor k.....................................__
this....... 17th say of....._March..............._...
a.n. Ip.~9.r...
A Commissioner for taking Afmavits, ate.
NOTE: If Attortcev, substitute in space provided "I am Attorney for...._....__..(State name).... _
one of the parties named therein and he/sbe was of the full age of twenty one years.,-
Sffibabit, 3Lanb tranOter tax ad
IN THE MATTER OF THE LAND TRANSFER TAX ACT
PROVINCE OF ONTARIO 1, Sidney Hamlin Robinson
COUNTY OF of the City of Toronto,
in the County of York , Solicitor for the Grantor
To Wit: named in the within (or annexed) transfer make oath and say:
3olieitor Por the Grantor
This aaldarn our 1. I am
ee code br am named in the within (or annexed) transfer.
aw w by ur = 2. I have a personal knowledge of the facts stated in this affidavit..
-dor under w 8. The true amount of the monies in cash and the value of any property or security included In
ber,M the consideration is as follows:
..............5.......!.................. .
(yp~ by u1f (a) Monica paid in cash. _ CCO
shoe,- ds'eldura~at (b) Property transferred in exchange; Equity value
tbem. Encumbrances ;
(c) Securities transferred to the value of..... 6laets
(d) Wanes of existing encumbrances with interest owing at date of transfer S - - mesa
(e) Monies secured by mortgage under this transaction is.
(f) Liens, annuities and maintenance charges to which transfer is subject....i .
Total consideration.......; 4~1.e.O.O.O.......
4. If consideration is nominal, is the transfer for natural love and affection?
S. If so, what is the relationship between Grantor and Grantee? .
s. Other remarks and explanations, if necessary
Sworn before me at the City
of Toronto
to the (~Y~,f York,
tbia 17'~~1 taro)'/- f/ 69
day of .A.D. is .
/ lFuommissioner, etc.
Page 53 of 86
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
COUI+~Y aF YOii$ I.........EII.F.EN...MOD.CHILD
of tim ....................QItry..................................of'....................... Toronto............. .1n tlM
ia".Q.unty....o ..:X.9ft .of
TO WIT:
make oath and nay:
.
1. THAT I was personally present and did see the within or annexed Instrument and a duplicate thereof duly
signed, sealed and executed by......Mudd...stn...H4USL..........
_ _ Otte .....of the parties thS}ptp.
TTorontHAT the said Instrument and duplicate were executed by the said party at the............ of
& THAT 10 know the said part Y
d. THAT I am a subscribing witness to the said Instrument and duplicate.
SWORN before 91* Ch ~t ..........tcounty
county ~i
ot.....'~DT~!►?aO
is the C
ot...lark this. 17............. ~ .ar
day of . 19 69.
A Commies for taking Adidavia, etc.
OF of the of_.......... I............... ............in the
_....at.....................................
TO WIT: .......make oath and nay:
1. THAT I was personally present and did see the within or annexed Instrument and a duplicate thereof duly
signed, sealed and executed by
............of the parties thereto.
THAT the said Instrument and duplicate were executed by the said part at the
3. THAT I know the said part
THAT I am a subscribing witness to the said Instrument and duplicate.
SWORN before me at the
of - in the county
of this
day of A.D. 19
A Commissioner for taking Agldsvits, eta
a
o
L
o
H u
~ ' r ~ dfu_3
1_ w F_ s 1 ii
a O sex rf x I
• s tl, x
QQ d m Lo X x
m
0
° R a
o ^ y-
39am
3 -s
a_
S3Stl0IdLt83t30I&& iJ,6iilj2IOd UZAE3S31 38 OS 3L'VdS S1HL
Page 54 of 86
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
Page 55 of 86
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
ST LOT LINE
~ 4y v
l,~ o~~ M1 I Fyn
T--
hn iTWIT
UP,
.;K _
Page 56 of 86
41-
x
- , ww`~
^Je R - ~y., ''tr B ..tea LAY
41
14
r~ 1t ~ £ - ~ ~ 'p ~#a ~ ~a ,y. k y-, i ~ r.+~ xgF.c t - s; m~,y`~ -
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
Cl)
0
Z
Q
J
W
Z_
Q
F
W
~i
Page 58 of 86
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
■
1
D
Z
D
W
w
w
I
Page 59 of 86
- S
rID
LA
~E~ER~ ~~yGE
FACING
,OAID
5
w 4~
r4 k ~
w a - .~tx
l+ .a ;el~'~ r _ ~ 'r 4 4 ~ "~i
s
At,
~ ti app ~1{~' ~a ~ ~q 8 1
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
,°¢n; ' .
t ' ~ a' ` icy 7y,~
~ o ~ b. yr".. art.. +n ~.r, ~ ~ ~ n
Y~.'... 1 ~s. R, Y=om. ~~LSL a~J•.~'L^^..
"mot ri1
T. "W
M
fi
r
2
r> ' ; ik
Ilk
t
~A
t ~ aa,
V) 0 ~y g+~ ~a °1
Z x.
Q W s
VQ m ~
a mY
z M01
W
W
W
Page 61 of 86
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
C
COUNTY OF
SIMCOF W,
County of Simcoe
Transportation and
Engineering
1110 Highway 26,
Midhurst, Ontario LOL 1X0
Steven Farquharson
Secretary-Treasurer
Township of Oro-Medonte
148 Line 7 South
Oro, Ontario
LOL 1 XO
Dear Mr. Farquharson,
Main Line (705) 726 9300
Toll Free 1 866 893 9300
Fax (705) 727 7984
Web: simcoe.ca
=_~nt r4 I 7LE9
TRANSPORTATION AND
ENGINEERING
September 15, 2009
*Via: E-Mail*
RE: Consent Application No. 2009-B-33 (Levison)
2533 Ridge Road West (County Road 20), Lot 2, Range 1, Township of Oro-Medonte,
County of Simcoe
Thank you for circulating the above-noted application to the County of Simcoe for review. The
applicant is seeking a technical severance of two original parcels of land that were merged.
The County of Simcoe sets out requirements to maintain safe and efficient operation and maintenance
of the County road system. Part of these requirements involves road widenings and daylight (sight)
triangles. The County standard for daylight (sight) triangles is 15 metres X 15 metres. These
dimensions are applied to the limit of the right-of-way.
The County of Simcoe has no objection to the approval of the application, provided the following
condition is included:
The applicant shall transfer to the Corporation of the County of Simcoe ("County"), at no
cost, a fee simple, unencumbered interest in the following:
A daylight (sight) triangle measuring 15 metres east-west x 15 metres north-
south at the south west corner of the property adjacent to County Road 20
(Ridge Road) and the 5/6 Side Road.
The County of Simcoe is requesting the daylight triangle lands for road widening purposes pursuant to
section 53(12) of the Planning Act and such land will form part of the highway to the extent of the
designated widening. in accordance with section 31(6) of the Municipal Act, 2001.
The applicant shall submit to the satisfaction of the County's Transportation and Engineering
Department a preliminary reference plan (3 copies) which sets out the daylight (sight) triangle to be
transferred to the County. Upon approval, the County will instruct the surveyor to deposit the reference
plan in the Land Registry Office for Simcoe County and request the surveyor provide the County with 3
copies of the deposited reference plan.
All costs associated with the land transfer, including costs relating to surveying, legal fees and
disbursements, agreements, GST, etc. shall be borne by the applicant. All documentation is to be
prepared and registered by the County's Solicitor and to be executed where required by the Applicant.
Page 62 of 86
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
County Comments - 2
The Applicant shall submit to the County's Solicitor a deposit in the amount of $2000.00 (payable to:
Graham, Wilson and Green in Trust), prior to the services being rendered.
Prior to stamping of the deed by the Township of Oro-Medonte, the Applicant shall obtain written
clearance from the County for the above-noted condition.
The County of Simcoe Entrance By-law No. 5544 states that "where a subdivision or individual lot fronts
on both a County Road and a Local Road, the entrance will be from the Local Road, where feasible".
Any entrances to the lots must be from the Local Road.
Please forward a copy of the decision. If you require any further information, please do not hesitate to
contact me.
Sincerely,
The Corporation of the County of Simcoe
Cc: Jim Hunter, County of Simcoe
Bryan MacKell, County of Simcoe
X\Corporate Services\Planning\D - Development & Planning D\D07 to D14 Developmem Correspondence\Oro-Medonte\D10 Severance & D13
Variances\20D9\2009-B-33 Levison CR20\T&E Comments, Sept 15,09.doc
Page 63 of 86
Paul Murphy, B.Sc.
Planning/Engineering Technician
(705) 726-9300 ext. 1371
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
VIA FACSIMILE, 4 PAGES
September 16, 2009
Committtee of Adjustment
Oro-Medonte Township
148 Line 7 S., Box 100
Oro, Ontario
LOL 2X0
Phone: (705) 487-2171
Fax: (705) 487-0133
Attention: Steven Farquharson, Secretary Treasurer, Committee of Adjustment
For Distribution to the Committee of Adjustment, the Mayor and Council
Re: Application for Consent 2009-13-33
c~a ~ ~ D4
Dear Steven,
Please ensure that this correspondence is provided to the Committee of Adjustment, the Mayor and
Council prior to the Committee of Adjustment meeting of September 17, 2009 at 9:30AM
It has come to my attention that there are at least two potential issues regarding the proposed
application for Consent 2009-13-3 submitted by David and Kathleen Levison.
1) Posting of proper notice as per Planning Act:
The planning act regulations (Planning Act, ONTARIO REGULATION 545106
ZONING BY-LAWS, BOLDING BY-LAWS AND INTERIM CONTROL BY LAWS) stipulate
that:
4 Notice shall be given,
(a) by personal service or ordinary mail, to every owner of land within 120 metres of the subject land,
subject to subsections (5) and (6); and
(b) by posting a notice, clearly visible and legible from a public highway or other place to which
the public has access, at every separately assessed property within the subject land or, if posting
on the property is impractical, at a nearby location chosen by the clerk of the municipality or the
secretary-treasurer of the planning board. O. Reg. 545/06, s. 5 (4)."
gyp:/lww i&-laws&ov.on.ca/htmUregs/enelish/elaws reas 060545 e.htm
In this case, the only notice provided was on an 8.5"x11" yellow sheet, placed at the most inaccessible
portion of the subject property, approximately 27 back from the Range Road, on the opposite side of a
10' wide ditch, behind a extremely large field of Poison Ivy. As can been seen from the attached
photographs, the posted notice clearly fails the test of being legible.
In addition, the regulations stipulate that this notice be posted "at every separately assessed property
Page 64 of 86
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
within the subject land"
As the Application states, there are two assessment role numbers for this property:
Westernmost parcel:
2533 Ridge Road West
PIN# 585520158, ARN: 434601000706600
Easternmost parcel:
No Civic Address
PIN# 585520087, ARN: 434601000706410
After having thoroughly scoured the perimeter of the subject property, we were only able to locate the
one, illegible, posted notice.
Without the proper posted notice I would submit that the Committee ofAdjustment lacks the authority
to reach a decision on this application.
2) There seems to be some question as to the chain of title of the Easternmost parcel of the subject
property. It may be the case that at the time the residential lot at the south-eastem most corner
of the eastern parcel was severed, (2420 Ridge Road West: Lot 2, 1 st Range, Oro Township
PIN# 585520157 ARN 434601000706400) that as a condition of severance the easternmost
parcel be merged with the westernmost title so that there would be no new lot created. The
planning report does not seem to contain the title search. One is underway, but will not be
completed in time for the Committee of Adjustment Meeting September 17, 2009 at 9:30AM.
I would object to the application for consent being granted at this time due to the reasons stated above.
I would respectfully ask the Committee of Adjustment to defer any decision on this application until the
following scheduled meeting, after proper posted public notice on both assessed parcels, of a size and
location that is of sufficient size so as to be visible clearly, and clearly legible from the public road.
I would also ask that the Committee of Adjustment, the Mayor, and Council clearly convey to the
Planning Department that proper posted public notice be provided for all applications as required by
the planning act so that the ratepayers of Oro-Medonte Township may be fully informed of proposed
development plans for their communities. I would ask that you stress that the point is to inform the
ratepayers, so the notices should be placed in the most prominent locations possible. My apologies to
the Committee for the last minute nature of this submission, but due to the lack of proper posted notice,
I was not made aware of the matter until this past Monday.
Sin el ,
Peter ell
1 Pemberton Lane
Shanty Bay, Ontario
Phone: (416) 972-9810
Fax: 1866-845-9691
Two Attachments follow
Page 65 of 86
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
~~T~iCI~lmPr~ V 12w Od f4kcc, pQM Anse POad
Page 66 of 86
Agenda Item # 5b) - 2009-B-33, David & Kathleen Levison Range 1, Pt of Lot 2,
-USG then V (e L„j a ~~~iCe, S~'~Ot~ i ~►S CO~~'~x~
Page 67 of 86
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Agenda Item # 5c) - 2009-B-24, Terence and Mary Hunter 5696 Concession 4 North...
,!.,~vJ Hrf~~oE.b F..r~trvrp Fno~rr
Application No:
2009-B-24
Meeting Date:
September 17, 2009
Roll
4346-020-007-06300
REQUIRED CONDITIONS:
TOWNSHIP OF ORO-MEDONTE
REPORT
To: Committee of Adjustment
Subject: Consent Application
Terence and Mary Hunter
Lots 17, Concession 4,
5696 Line 4 North
(Former Township of Medonte)
Prepared By:
Steven Farquharson,
Intermediate Planner
Motion #
R.M.S. File
D10-39507
1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land
Surveyor be submitted to the Committee Secretary-Treasurer;
2. That the maximum total lot area for the severed lot be no greater than approximately 0.87
hectares;
3. That the appropriate permit(s) and any other necessary approval(s) be obtained from the
Nottawasaga Valley Conservation Authority only after the Committee's decision becomes final
and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13.
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 the applicant apply for a zoning amendment of the severed land to accurately reflect the
proposed residential land use;
6. That the applicant pay $ 2,000.00 for the lot created as cash-in-lieu of a parkland contribution;
7. That all municipal taxes be paid to the Township of Oro-Medonte;
8. 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 appeared before the Committee of Adjustment at the July 16, 2009 meeting, proposing
the creation of a new residential lot. The Committee deferred the application in order to attain
comments from the Nottawasaga Valley Conservation Authority. The applicant has since had
meeting with the NVCA and Township staff, as a result they have revised their application. The lot to
Development Services
Application No. 2009-13-24
Meeting Date: September 17, 2009
Page 1 of 6
Page 69 of 86
Agenda Item # 5c) - 2009-B-24, Terence and Mary Hunter 5696 Concession 4 North...
be severed is proposed to have a frontage of approximately 110 metres on Line 4 North, and a lot
area of approximately 0.87 hectares. The proposed retained lot would contain approximately 259
metres of frontage on Line 4 North, and a lot area of 47 hectares.
The subject lands are designated Rural and Environmental Protection One within the Official Plan.
The zoning of subject lands is Agricultural/Rural (A/RU) Zone and Environmental Protection (EP)
Zone. The EP zoning exists in the location that the proposed lot is to be created, with a watercourse
which flows to the south. The applicant's lands are characterized as having extensive mature tree
coverage, however the area in which the lot is proposed to be created is clear of any significant tree
coverage. Due to part of the subject lands being located within the Environmental Protection One
designation, the applicant was required to complete an EIS to ensure that the development of the
lands will not have a negative effect on the environmental features.
Section B2 of the Official Plan requires an EIS for new development on lands within the
Environmental Protection One overlay. As a result of the EIS investigation, it was determined that the
proposed development on subject lands would have no negative impacts on the natural Hertiage
features or functions of the area. The EIS was completed by J. Dobell & Associates, dated June
2009, and subsequently circulated to the Nottawasaga Valley Conservation Authority (NVCA) for
comment. Comments were received from the NVCA on August 6, 2009, with respect to the EIS.
While the EIS stated that the development would not have any negative impacts on the natural
features, the NVCA had concerns with the proposed lot lines bisecting through the Provincially
Significant Wetland and was within the Regional Storm floodplan of the Sturgeon River. As a result of
the comments received from the NVCA, the applicant revised their proposal which proposes to have
the lot lines at the top of bank, and remaining in the open agricultural fields and away from the
environmental features. The new location of the proposed lot reflects the comments of the NVCA and
their concerns.
ANALYSIS:
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 approximately110 metres of frontage on Line 4 North, and a lot area
of approximately 0.87 hectares. The proposed retained lot would contain approximately 259 metres
of frontage on Line 4 North, and a lot area of approximately 47 hectares.
FINANCIAL:
Not applicable.
POLICIES/LEGISLATION:
Official Plan
The subject property is designated Rural and Environmental Protection One by the Official Plan.
Section C2.2 of the Official Plan outlines the permitted uses within the Rural designation, which
include single detached dwellings, and home occupation.
Development Services
Application No. 2009-8-24
Meeting Date: September 17, 2009
Page 2 of 6
Page 70 of 86
Agenda Item # 5c) - 2009-B-24, Terence and Mary Hunter 5696 Concession 4 North...
More specifically, Section 02.3.1 of the OP provides specific criteria, and in particular two tests, under
which severances may be permitted:
C2.3.1 The creation of new lots for residential purposes:
In accordance with the intent of this Plan to maintain the rural character of the Township, only
a limited number of new lots for residential purposes can be created in the Township. In this
regard, only one new lot can be severed from a lot in the Rural designation that has:
1) an area of at least 36 hectares or is the whole of an original Township lot provided;
2) a lot has not been severed from the parcel after March 26, 1973.
The subject lands meets the criteria for having a minimum lot size of at least 36 hectares. According
to Township records the applicant has not had a previous severance after March 26, 1973.
As such, the proposed creation of a new residential lot by way of severance is generally in keeping
with the intent of the rural policies stated in the Official Plan. For the purpose of this application, it is
noted that the creation of new lots by way of severance is permitted within the Rural designation,
where the tests of severance listed in Section D2.2.1 of the Official Plan are met. The proposed
severed and retained lots would front on a municipal road, would not be located within an
environmentally sensitive area, and would comply with relevant Zoning provisions. Based on these
factors, the application to create a new residential lots through severance maintains the general intent
of the Official Plan. On this basis, the policies of Section D2.2.1 have been satisfied.
Zonino By-law
The subject property is zoned Agricultural/Rural (A/RU) Zone and Environmental Protection (EP)
Zone by Zoning By-law 97-95 as amended. The area in which that is proposed to be severed has a
zoning of Environmental Protection (EP) Zone. While there are no minimum lot size requirements for
a lot within the EP zone, the proposed lot with meet the Official Plan policy for a minimum lot size of
0.4 hectares, which is the same requirement for a residential use with the A/RU Zone. With dwellings
not being permitted within the Environmental Protection (EP) Zone, the applicant would have to apply
for a rezoning to recognize the intended residential use. With consultation with the NVCA, it was
determined that the proposed lot will not have any negative impact on the abutting environmental
features. The minimum lot area required for a single detached dwelling is 0.4 hectares and the
required frontage of 45 metres. With the proposed lot being 0.87 hectare and having frontage of 110
metres, and as such the application appears to meet the provisions with the Zoning By-law.
CONSULTATIONS:
Public Works Department-
Building Department-
Engineering Department -
Nottawasaga Valley Conservation Authority- Comments attached
ATTACHMENTS:
Development Services
Application No. 2009-13-24
Meeting Date: September 17, 2009
Page 3 of 6
Page 71 of 86
Agenda Item # 5c) - 2009-B-24, Terence and Mary Hunter 5696 Concession 4 North...
Schedule #1- Location Map
Schedule #2- Proposed lot location
CONCLUSION:
In the opinion of the Planning Department, Consent applications 2009-13-24 conforms to the Official
Plan, as the future development of residential uses would be in keeping with the Rural and
Environmental Protection One designation policies
Respectfully submitted: Reviewed by:
~s
,T
Steven Farqu-harson, B.URPL Glenn White, MCIP, RPP
Intermediate Planner Manager, Planning Services
Development Services Meeting Date: September 17, 2009
Application No. 2009-B-24 Page 4 of 6
Page 72 of 86
Agenda Item # 5c) - 2009-B-24, Terence and Mary Hunter 5696 Concession 4 North...
SCHEDULE 1: LOCATION MAP
2009-B-24(Hunter)
eualECT LANDS
Al
E PET..,MNNFD LANDS
Development Services
Application No. 2009-B-24
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Meeting Date: September 17, 2009
Page 5 of 6
Page 73 of 86
Agenda Item # 5c) - 2009-B-24, Terence and Mary Hunter 5696 Concession 4 North...
SCHEDULE 2: Proposed Lot Location
2009-B-24 (Hunter)
Development Services
Application No. 2009-13-24
Meeting Date: September 17, 2009
Page 6 of 6
Page 74 of 86
Agenda Item # 5c) - 2009-B-24, Terence and Mary Hunter 5696 Concession 4 North...
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Page 80 of 86
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Agenda Item # 5c) - 2009-13-24, Terence and Mary Hunter 5696 Concession 4 North...
July 31, 2009
Steven Farquharson, Secretary-Treasurer
Committee of Adjustment
Township of Oro-Medonte
P.O. Box 100
Oro, Ontario, LOL 2X0
AUG pppg
Dear Mr. Farquharson;
Member Re: Application for Consent 2009-B-24 (Hunter)
Municipalities Part Lot 17, Concession 4
Adiala-To5or,nntio Township of Oro-Medonte (Formerly Township of Medonte)
Amaranth The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this
Barrie application for consent in accordance with Natural Heritage and Natural
The Blue Mountains Hazard policies established under the Provincial Policy Statement.
Bradford-West GwillimbU:y
The NVCA has reviewed the Environmental Impact Statement (EIS)
Clearview
prepared is support of this consent application. The NVCA concurs with
Collingwood
the conclusion that development within the agricultural field will have no
Essa
negative impacts on the natural heritage features and functions of the
Innisfil
area. We do note that proposed lot lines extend past top of bank into the
Provincially Significant Copeland-Craighurst-Guthrie Wetland Complex
Melancthon
and an area within the Regional Storm floodplain of the Sturgeon River.
Mono
The wetland boundary depicted on Figure 4 of the EIS is basically the
MUImUr
same as that identified by Ministry of Natural Resources. Based upon our
NewTecumseth
field assessment, we believe some refinements to this boundary are
required and essentially, the wetland starts at the base of the slope and
Oro-Medonte
extends to (and past) the Sturgeon River. The agricultural lands/top of
trey Highlands
bank lie approximately 20m from the wetland boundary. As you may be
Shelburne
aware, the NVCA discourages lot lines which increase private and multiple
Springwater
ownership of environmental features such as wetlands watercourses,
LS'asava Beach
woodlands floodplains and erosion hazard areas. The extension of lot
lines into these areas can lead to activities which cause negative
environmental impacts. This risk is already apparent as tree removal has
Watershed
occurred in the location of the preferred building envelope. The NVCA
Counties
therefore recommends the boundaries of the proposed lot be re-
Simcoe
configured to include only lands currently within the agricultural field while
avoiding the seasonal watercourse to the north (see attached photo).
Dufferin
Grey
Please note our approach is supported by Section 2.1 (Natural Heritage)
of the Provincial Policy Statement states natural features and areas shall
be protected for the long term. Furthermore, Section 3.1.1 states
Member of
"'/2
Conserving our Healthy Waters
NOTTAWASAGA VALLEY CONSERVATION AUTHORITY Centre for Conservation
Conservation
John Hix Conservation Administration Centre Tiffin Conservation Area 8195 8th Line Utopia, On LOM 1TO
ONTARIO
11-1
Telephone: 705.424.1479 Fax: 705.424.2115 Web: www.nvca.on.ca Email: admin@nvca.on.ca
Page 82 of 86
Agenda Item # 5c) - 2009-B-24, Terence and Mary Hunter 5696 Concession 4 North...
2009-B-24. Oro-Medonte continued
Paqe 2
development (including the creation of a new lot) shall generally be directed to areas
outside of hazardous lands adjacent to river and stream systems which are impacted by
flooding hazards and/or erosion hazards.
Please be advised that a significant part of the property is under the regulatory
jurisdiction of the NVCA whereby permits are required under the Conservation Authorities
Act prior to any development.
Thank you for circulating this application for our review and please forward a copy of any
decision.
Sincerely,
Tim Salkeld
Resource Planner
Page 83 of 86
Agenda Item # 5c) - 2009-B-24, Terence and Mary Hunter 5696 Concession 4 North...
Hunter Property - 5696 Conc 4 N, Oro-Medonte Twp
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Page 84 of 86
Agenda Item # 5c) - 2009-13-24, Terence and Mary Hunter 5696 Concession 4 North...
September 4, 2009
Steven Farquharson, Secretary-Treasurer
Committee of Adjustment
Member
Township of Oro-Medonte
Municipalities
P.O. Box 100
Adiah-Toy ortmlin
Oro, Ontario, LOL 2X0
Amaranth
Dear Mr. Farquharson;
il,rrrrv
The A1uo.'vWkw I:ts
Re: Application for Consent 2009-13-24 (Hunter)
uradlorri-Wort Gw ilimbory
Part Lot 17, Concession 4
Township of Oro-Medonte (Formerly Township of Medonte)
t ICilyIGW
Collmg%vowl
The Nottawasaga Valley Conservation Authority has reviewed the revised
I;ya
lot configuration and based upon this adjustment, we have no objection to
Innlsfll
the approval of this application.
M`'Ianc(hoo
Please be advised that a significant part of the property is under the
M011r1
regulatory jurisdiction of the NVCA whereby permits are required under
Mulmur
the Conservation Authorities Act prior to any development.
Nc•44 rncUmiell)
Thank you for circulating this application for our review and please forward
Oro Medm,te
a copy of any decision.
Grey I Ii};hinnd<
sholhurnp
Sincerely,
1171 irr~v 1ta I
' s
4"
Tim Salkeld
Watershed Resource Planner
Counties
S'mt -rt;
171rticrm
(key
Meniher• of
Conserving our Healthy Watct:y
NOTTAWASAGA VALLEY CONSERVATION AUTHORITY Centre for Conservation
on John Hix Conservation Administration. Centre Tiffin Conservation Area 8545 8th Line Utopia, Or- LONI 1T0
Sonserv3ir8
NTA
Telephone: 705.424.1474 Fax: 705.424.2115 Web: www.nvca.or,.ca Email: admir,0nvca.on.ca
Page 85 of 86
Agenda Item # 5c) - 2009-13-24, Terence and Mary Hunter 5696 Concession 4 ivui
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