08 20 2009 C of A MinutesAgenda Item # 10a) - Committee of Adjustment, minutes of meeting held on August 2...
MOTI0N _ _ 1
SEP - 2 2009
MEETING: COUNCIL' ,
C. OF W. I
Proud Heritage, Exciting Future
Thursday, August 20, 2009
Present:
Staff Present:
THE TOWNSHIP OF ORO-MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING MINUTES
Council Chambers
9:34 a.m.
Michelle Lynch, Chair, Lynda Aiken,
Bruce Chappell, Garry Potter, Rick Webster
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.
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Page 95 of 146
Agenda Item # 10a) - Committee of Adjustment, minutes of meeting held on August 2...
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.
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Agenda Item # 10a) - Committee of Adjustment, minutes of meeting held on August 2...
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.
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Agenda Item # 10a) - Committee of Adjustment, minutes of meeting held on August 2...
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.
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Agenda Item # 10a) - Committee of Adjustment, minutes of meeting held on August 2...
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.
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Agenda Item # 10a) - Committee of Adjustment, minutes of meeting held on August 2...
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.
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Agenda Item # 10a) - Committee of Adjustment, minutes of meeting held on August 2...
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.
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Agenda Item # 10a) - Committee of Adjustment, minutes of meeting held on August 2...
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.
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Agenda Item # 10a) -Committee of Adjustment, minutes of meeting held on August 2...
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.
CAn9n82n-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
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Agenda Item # 10a) - Committee of Adjustment, minutes of meeting held on August 2...
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
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Agenda Item # 10a) - Committee of Adjustment, minutes of meeting held on August 2...
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
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Agenda Item # 10a) - Committee of Adjustment, minutes of meeting held on August 2...
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
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Agenda Item # 10a) - Committee of Adjustment, minutes of meeting held on August 2...
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
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Agenda Item # 10a) - Committee of Adjustment, minutes of meeting held on August 2...
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.
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Agenda Item # 10a) - Committee of Adjustment, minutes of meeting held on August 2...
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
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.
Next meeting date is September 17, 2009.
C~ z
Steven
rson, Secretary Treasurer
Michelle
Carried.
-V,C--~-
Chair
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