10 15 2009 C of A AgendaTOWNSHIP OF ORO-MEDONTE
COMMITTEE OF ADJUSTMENT
a MEETING AGENDA
7i COUNCIL CHAMBERS
Township of
Proud xeritoge, Exciting Frame DATE: THURSDAY, OCTOBER 15, 2009
TIME: 9:30 A.M.
Page
1. OPENING OF THE MEETING BY THE CHAIR
2. ADOPTION OF AGENDA
a) Motion for Adoption.
3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE
THEREOF - IN ACCORDANCE WITH THE ACT"
4. ADOPTION OF MINUTES
3-7 a) Minutes of the meeting held on September 17, 2009.
5. PUBLIC MEETINGS:
8-18 a) 2009-B-34, Wayne Ross
4917 Line 4 North, West Part of Lot 11, Concession 5 (Medonte)
Boundary Adjustment
19-31 b) 2009-B-35, Alice, Barry and Susan Cockburn
389 Horseshoe Valley Road East, North Part of Lot 1, Concession 9 (Oro)
Boundary Adjustment.
32-46 c) 2009-A-25, Fercan Developments Inc.
2921 Highway 11, Part Lot 21, Concession 7 (Oro)
Variance for Relief from the Definition of "Custom Workshop".
6. NEW BUSINESS:
47-49 a) Correspondence dated October 13, 2009 from Harold and Linda Roe, re: Variance
Application 2009-A-08.
b) Cancellation of December 17, 2009 meeting.
7. NEXT MEETING DATE
November 19, 2009.
Page 1 of 49
Page
8. ADJOURNMENT
a) Motion for Adjournment.
Page 2 of 49
Agenda Item # 4a) - Minutes of the meeting held on September 17, 2009.
Draft
Township qf
Proud Heritcige, Exciting Future
Thursday, September 17, 2009
THE TOWNSHIP OF ORO-MEDONTE
COMMITTEE OF ADJUSTMENT MEETING
MINUTES
Council Chambers
9:35 a.m.
2006 - 2010 COUNCIL
Present: Michelle Lynch, Chair
Lynda Aiken
Bruce Chappell
Garry Potter
Regrets: Rick Webster
Staff Present: Steven Farquharson, Intermediate Planner/
Secretary Treasurer; Meghan Keelan, Planner;
Marie Brissette, Committee Coordinator/ Deputy
Secretary Treasurer
1. OPENING OF THE MEETING BY THE CHAIR
Michelle Lynch assumed the Chair and called the meeting to order at 9:35
a. m.
2. ADOPTION OF AGENDA
a) Motion to adopt agenda.
Motion No. CA090917-01
Moved by Chappell, Seconded by Aiken
It is recommended that the Committee of Adjustment that the agenda for the
meeting of Thursday, September 17, 2009 be received and adopted.
Carried.
Page 1 of 5
Page 3 of 49
Agenda Item # 4a) - Minutes of the meeting held on September 17, 2009.
Draft
Minutes of the September 17, 2009 meeting of the Committee of Adjustment.
"DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF - IN ACCORDANCE WITH THE ACT"
None declared.
4. ADOPTION OF MINUTES
a) Minutes of the August 20, 2009 meeting.
Motion No. CA090917-02
Moved by Aiken, Seconded by Chappell
It is recommended that the minutes of the Committee of Adjustment meeting
of Thursday, August 20, 2009 be adopted as printed and circulated.
Carried.
5. PUBLIC MEETINGS:
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.
Catherine Martin and Anne-Marie Dean, applicants, were present.
Motion No. CA090917-03
Moved by Chappell, Seconded by Aiken
It is recommended that the Committee of Adjustment approves Variance
Application 2009-A-24, Catherine Martin, to permit the construction of single
detached dwelling with a minimum first storey floor area of approximately 80
square metres, subject to the following conditions:
1. That the appropriate zoning certificate and building permit be
obtained from the Township only after the Committee's decision
becomes final and binding, 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 applicant apply for a demolition permit prior to the issuance
of a building permit.
Carried.
Page 2 of 5
Page 4 of 49
Agenda Item # 4a) - Minutes of the meeting held on September 17, 2009.
Draft
Minutes of the September 17, 2009 meeting of the Committee of Adjustment.
b) 2009-B-33, David & Kathleen Levison
Range 1, Pt of Lot 2, (Former Township of Oro), RP 51 R22929 Pt 1 to 3
Technical severance.
Joy and David Levison, applicants, were present.
A letter of objection from Peter Maxwell was read into the record.
Motion No. CA090917-04
Moved by Chappell, Seconded by Aiken
It is recommended the Committee of Adjustment grants provisional approval
to Consent application 2009-B-33 for a technical severance to create a new
lot which once existed as a separate parcel of land. The lands proposed to
be severed would have a lot frontage along Range Road of approximately
65.8 metres, a lot depth of approximately 172.2 metres and a lot area of
approximately 5.2 hectares. The lands to be retained would have a lot area of
approximately 8.9 hectares, subject to the following conditions:
1. That three copies of a Reference Plan for the subject land indicating
the severed parcel be prepared by an Ontario Land Surveyor and
submitted to the Secretary-Treasurer.
2. That the applicant's solicitor prepare and submit a copy of the
proposed conveyance for the parcel severed, for review by the
Municipality; Furthermore, the legal description of the severed lot be
identical to that contained in the original deed- and must be so
designated on a Reference Plan to be provided by the Applicant.
3. That the conditions of consent imposed by the Committee be fulfilled
within one year from the date of the giving of the notice.
4. That as per the request of the County of Simcoe, the applicant shall
transfer to the Corporation of the County of Simcoe, at no cost, a fee
simple, unencumbered interest in the following: A daylight (sight) triangle
measuring 15 metres eat-west x 15 metres north-south west corner of the
property adjacent to Councy Road 20 (Ridge Road) and the 5/6 Side
Road.
Carried.
Page 3 of 5
Page 5 of 49
Agenda Item # 4a) - Minutes of the meeting held on September 17, 2009.
Draft
Minutes of the September 17, 2009 meeting of the Committee of Adjustment.
c) 2009-B-24, Terence and Mary Hunter
5696 Concession 4 North
Creation of a new lot.
Mary Hunter, applicant, was present.
Motion No. CA090917-05
Moved by Potter, Seconded by Chappell
It is recommended that the Committee of Adjustment grants provisional
approval to Consent Application 2009-B-24, being 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,
subject to 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 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.
Carried.
Page 4 of 5
Page 6 of 49
Agenda Item # 4a) - Minutes of the meeting held on September 17, 2009.
Minutes of the September 17, 2009 meeting of the Committee of Adjustment.
NEW BUSINESS:
None.
7. NEXT MEETING DATE
Thursday, October 15, 2009 at 9:30 a.m.
ADJOURNMENT
a) Motion to adjourn.
Motion No. CA090917-06
Moved by Aiken, Seconded by Potter
It is recommended that we do now adjourn at 11:05 a.m.
Michelle Lynch, Chair Steven Farquharson, Secretary Treasurer
Draft
Carried.
Page 5 of 5
Page 7 of 49
Agenda Item # 5a) - 2009-B-34, Wayne Ross 4917 Line 4 North, West Part of Lot 1...
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Application No:
2009-B-34
Meeting Date:
October 15, 2009
Roll
4346-020-002-0700
REQUIRED CONDITIONS:
TOWNSHIP OF ORO-MEDONTE
REPORT
To: Committee of Adjustment
Subject: Consent Application
Wayne Ross
West Part of Lot 11, Concession 5
4917 Line 4 North
Prepared By:
Steven Farquharson,
Intermediate Planner
Motion #
R.M.S. File
D10-39793
The following conditions are required to be imposed on the Committee's decision:
1. That three copies of a Reference Plan for the subject land indicating the severed parcel be
prepared by an Ontario Land Surveyor be submitted to the Secretary-Treasurer;
2. That the severed lands be merged in title with 730 Mount St. Louis Road West and that the
provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent
conveyance or transaction involving the subject lands;
3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the
parcel severed, for review by the Municipality;
4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be
enhanced will merge in title;
5. That the conditions of consent imposed by the Committee be fulfilled within one year from the
date of the giving of the notice.
BACKGROUND:
The applicant is proposing a boundary adjustment to convey approximately 0.18 hectares (0.44
acres) from the subject property to the neighbouring residential lot being 730 Mount St. Louis Road
West. The proposed retained lot, would consist of approximately 37 hectares (93 acres), and
currently contains single detached dwelling and agricultural buildings. No new building lots are
proposed to be created as a result of the lot addition.
ANALYSIS:
The purpose of application 2009-B-34 is to permit a lot addition/boundary adjustment. The subject
land is municipally known as 4917 Line 4 North, and also has a frontage of approximately 21 metres
Development Services
Application No. 2009-B-34
Meeting Date: October 15, 2009
Page 1 of 4
Page 8 of 49
Agenda Item # 5a) - 2009-B-34, Wayne Ross 4917 Line 4 North, West Part of Lot 1...
on Mount St Louis Road West, with a depth of approximately 85 metres and an area of approximately
0.18 hectares. The subject lands are proposed to be added to the adjacent lands to the east (730
Mount St. Louis Road West). No new building lot is proposed to be created as a result of the lot
addition.
FINANCIAL:
Not applicable.
POLICIES/LEGISLATION:
OFFICIAL PLAN
The subject lands are designated Agricultural by the Official Plan (OP). Section D2 of the OP
contains policies with respect to subdivision of land. Specifically, Section D2.2.2 -"Boundary
Adjustments", provides the following guidance for Consent Applications in general:
"a consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot
is created ...the Committee of Adjustment shall be satisfied that the boundary adjustment will not
affect the viability of the use of the properties affected."
With respect to the application at hand, no new building lots are proposed to be created. The lands
proposed to be conveyed are not being used for agricultural purposes and thus appears would not
affect the viability of the current agricultural use on the retained lands. As such, the proposed
boundary adjustment is generally in keeping with the intent of the policies stated in the Official Plan,
and otherwise conforms with the boundary adjustment policies contained in Section D.2.2.2.
ZONING BY-LAW
The portion of the subject lands to be conveyed is currently zoned Agricultural/Rural (A/RU) Zone in
the Township's Zoning By-law. The lot to be enhanced, 730 Mount St. Louis Road West, is also
zoned Agricultural/Rural (A/RU) Zone, which contains a single detached dwelling. The intended use
on the enhanced lot is to remain residential. The enhanced lot will have a total area of approximately
0.6 hectares. Therefore, the application would comply with the provisions as prescribed by the Zoning
By-law.
CONSULTATIONS:
Public Works Department-
Building Department-
Engineering Department -
Nottawasaga Valley Conservation Authority- No Objection
ATTACHMENTS:
Schedule #1- Location Map
Development Services
Application No. 2009-13-34
Meeting Date: October 15, 2009
Page 2 of 4
Page 9 of 49
Agenda Item # 5a) - 2009-B-34, Wayne Ross 4917 Line 4 North, West Part of Lot 1...
CONCLUSION:
It is the opinion of the Planning Department, that Consent application 2009-13-34, for a boundary
adjustment would appear to conform to the policies of the Official Plan, and maintains the use and
setback provisions of the Zoning By-law.
Respectfully submitted:
Reviewed by:
Steven Farquharson, B.URPL
Glenn White, MCIP, RPP
Intermediate Planner
Manager, Planning Services
Development Services Meeting Date: October 15, 2009
Application No. 2009-13-34 Page 3 of 4
Page 10 of 49
Agenda Item # 5a) - 2009-B-34, Wayne Ross 4917 Line 4 North, West Part of Lot 1...
SCHEDULE 1: LOCATION MAP
2009-B-34 (Ross)
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El Retained Lands
Development Services
Application No. 2009-13-34
0 25 50 100 150 200
Maters
Meeting Date: October 15, 2009
Page 4 of 4
Page 11 of 49
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Page 17 of 49
Agenda Item # 5a) - 2009-B-34, Wayne Ross 4917 Line 4 North, West Part of Lot 1...
OCT-06-2089 10:01 FROM:NVCA 7854242115 T0:17054870133 P.1.1
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~A TION P ~
October 6, 2009
Steven Farquharson, Secretary-Treasurer
Member
Committee of Adjustment
Municipalities
Township of Oro-Medonte
P.O
Box 100
Arfj..lla-Its ,presntin
.
Oro, Ontario
Ainaranth
LOL 2XQ
Hippie
IhF 131ue Ivluunt.iin;
Dear Mr. Farquharson;
F3radtor[I-Wrr,r LwtllimJSUry
Re: Application for Consent 2009-"4
C Iearvlew
Part Lot 11, Concession 5, 4917 Line Four North
nlf;rlwoorJ
Township of Oro-Medonte (Formerly Township of Medonte)
Inni,nfil
The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this
application for consent which would facilitate a boundary adjustment and
tf1a"[tl,or.
based upon our mandate and policies under the Conservation Authorities
Mono
Act, we have no objection to its approval.
Nlulmw
,,,,W leculp1 C:111
Thank you for circulating this application for our review and please forward
a copy of any decision.
0 o-Ml duntF
Gnv I liphlancls
Sincerely,
tihellnmlc
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1h~ar. -l~;rl liF +rh
Tim Salkeld
Resource Planner
Watershed
Counties
Simone
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s,tLy
Member of
Conseruitrg our Healthy Waters
NOTTAWAtiA(;A VALLEY (QNSERVAI ION RUTH(1R114' Ccnlrc for (nn+[rvahun
Cnnservadon John Flix (.onservation Administr ahun Ccntre ° Tiffin C'nnSel'VlUGn Areal M95 8th Lhic Ulopie, f_1n LOM 1To
O .~,_N:.r aTARIO Tdufphone 70SA14.1479 rrtx: 705 4?4.1115 Web www..nwa 00.t..d f mail' admin@nwr3 On Cu
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Page 18 of 49
Agenda Item # 5b) - 2009-B-35, Alice, Barry and Susan Cockburn 389 Horseshoe Va...
TOWNSHIP OF ORO-MEDONTE
,'`l REPORT
7'mw! Hmlagrt, Eaxinng Fvm.r
Application No: To: Committee of Adjustment Prepared By:
2009-B-35 Steven Farquharson,
Intermediate Planner
Meeting Date:
Subject: Consent Application Motion #
October 15, 2009
Alice, Barry and Susan Cockburn
North part of Lot 1, Concession 9
Roll
389 Horseshoe Valley Road East R.M.S. File
4346-010-004-04300
D10-39794
REQUIRED CONDITIONS:
The following conditions are required to be imposed on the Committee's decision:
1. That three copies of a Reference Plan for the subject land indicating the severed parcel be
prepared by an Ontario Land Surveyor be submitted to the Secretary-Treasurer;
2. That the severed lands be merged in title with 351 Horseshoe Valley Road East and that the
provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent
conveyance or transaction involving the subject lands;
3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the
parcel severed, for review by the Municipality;
4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be
enhanced will merge in title;
5. That the conditions of consent imposed by the Committee be fulfilled within one year from the
date of the giving of the notice.
BACKGROUND:
The applicant is proposing a boundary adjustment to convey approximately 0.05 hectares (0.12
acres) from the subject property to the neighbouring residential lot being 351 Horseshoe Valley Road
East. The proposed retained lot, would consist of approximately 36 hectares (90 acres), and is
currently developed with a single detached dwelling and agricultural buildings. The applicant has
indicated that the lands to be conveyed include an existing fence, which was believed to be on 351
Horseshoe Valley Road East. No new building lots are proposed to be created as a result of the lot
addition.
Development Services
Application No. 2009-B-35
Meeting Date: October 15, 2009
Page 1 of 5
Page 19 of 49
Agenda Item # 5b) - 2009-B-35, Alice, Barry and Susan Cockburn 389 Horseshoe Va...
ANALYSIS:
The purpose of application 2009-B-35 is to permit a lot addition/boundary adjustment. The subject
land is municipally known as 389 Horseshoe Valley Road East, having a frontage of approximately
4.8 metres on Horseshoe Valley Road East, a depth of approximately 140 metres and an area of
approximately 0.05 hectares. The subject lands are proposed to be added to the adjacent lands to the
west (351 Horseshoe Valley Road East). No new building lot is proposed to be created as a result of
the lot addition.
FINANCIAL:
Not applicable.
POLICIES/LEGISLATION:
OFFICIAL PLAN
The subject lands are designated Agricultural by the Official Plan (OP). Section D2 of the OP
contains policies with respect to subdivision of land. Specifically, Section D2.2.2 -"Boundary
Adjustments", provides the following guidance for Consent Applications in general:
"a consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot
is created... the Committee of Adjustment shall be satisfied that the boundary adjustment will not
affect the viability of the use of the properties affected."
With respect to the application at hand, no new building lots are proposed and it appears would not
affect the viability of the current agricultural use on the retained lands. As such, the proposed
boundary adjustment is generally in keeping with the intent of the policies stated in the Official Plan,
and otherwise conforms with the boundary adjustment policies contained in Section D.2.2.2.
ZONING BY-LAW
The subject property is currently zoned Agricultural/Rural (A/RU) Zone in the Township's Zoning By-
law. The lot to be enhanced, 351 Horseshoe Valley Road East, is zoned Rural Residential Two
(RUR2) Zone and Environmental Protection (EP) Zone and currently contains a single detached
dwelling and an accessory building. The intended use on the enhanced lot is to remain residential.
The enhanced lot will have a total area of approximately 1.6 hectares. The existing dwelling on the
enhanced lands (351 Horseshoe Valley Road East), currently does not meet the interior side yard
setback within the RUR2 Zone, however with the proposed lot addition, will bring the dwelling into
compliance with the Zoning By-law. Therefore, the application would comply with the provisions as
prescribed by the Zoning By-law.
Development Services
Application No. 2009-B-35
Meeting Date: October 15, 2009
Page 2 of 5
Page 20 of 49
Agenda Item # 5b) - 2009-B-35, Alice, Barry and Susan Cockburn 389 Horseshoe Va...
CONSULTATIONS:
Public Works Department-
Building Department-
Engineering Department -
Nottawasaga Valley Conservation Authority- No Objection
ATTACHMENTS:
Schedule #1- Location Map
Schedule #2- Context Map
CONCLUSION:
It is the opinion of the Planning Department, that Consent application 2009-13-35, for a boundary
adjustment would appear to conform to the policies of the Official Plan, and maintains the use and
setback provisions of the Zoning By-law.
Respectfully submitted: Reviewed by:
Steve ~arqu~harson, B.URPL Glenn White, CIP, RPP
Intermediate Planner Manager, Planning Services
Development Services Meeting Date: October 15, 2009
Application No. 2009-B-35 Page 3 of 5
Page 21 of 49
Agenda Item # 5b) - 2009-B-35, Alice, Barry and Susan Cockburn 389 Horseshoe Va...
SCHEDULE 1: LOCATION MAP
2009-B-35 (Cockburn)
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HORSESHOELVAULEY ROAD (TT-
Retained La ids
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Development Services
Application No. 2009-13-35
0 60 120 240 360 480
01::~ ~ Meters
Meeting Date: October 15, 2009
Page 4 of 5
Page 22 of 49
Agenda Item # 5b) - 2009-B-35, Alice, Barry and Susan Cockburn 389 Horseshoe Va...
SCHEDULE 2: CONTEXT MAP
2009-B-35 (Cockburn)
Retained Lands
® Enhanced Lands
Lands to be Conveyed to 351 Horseshoe Valle1 Road East
HORSESHOE VALLEY ROAD!
Development Services
Application No. 2009-B-35
Meeting Date: October 15, 2009
Page 5 of 5
Page 23 of 49
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Agenda Item # 5b) - 2009-B-35, Alice, Barry and Susan Cockburn 389 Horseshoe Va...
Agenda Item # 5b) - 2009-B-35, Alice, Barry and Susan Cockburn 389 Horseshoe Va...
Page 26 of 49
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OCT-06-2889 09:39 FRON:NVCA
pSLAGA
October 6, 2009
7054242115 T0:17054870133 P.1.1
Steven Farquharson, Secretary-Treasurer
Member
Committee of Adjustment
Municipalities
Township of Oro-Medonte
P.O. Box 100
Adj:da Tosorontio
Oro, Ontario
Ammiranlh
LOL 2X0
lfarm
The FiluF Mnrinnin5
Dear Mr. Farquharson;
Ciradlurd-4Va,l Lwdlrnrbury
Re: Application for Consent 2409-8-35
C. If;:,irv1E w
Part Lot 1, Concession 9, 389 Horseshoe Valley Road East
Cnilin,Qwaod
Township of Ora-Medonte (Formerly Township of Oro)
Essa
Iran=111
The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this
application for consent which would facilitate a boundary adjustment and
Mr:l:inr than
based upon our mandate and policies under the Conservation Authorities
Mono
Act, we have no objection to its approval.
Mulmul
r^I(w fit urT, ~<r1,
Thank you for circulating this application for our review and please forward
a copy of any decision.
011'9-MFri4rlte
Guy Highlands
Sincerely,
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511rtnF•wgfc-r
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Wasaga Beach
Tim Salkeld
Resource Planner
Watershed
Counties
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Conserving our Healthy Waters
NOTTAWASAC.A VAU.L1:1' C 0N`iFHVA1 ION !U.) I FIOKI I Y Centre for (_onservation
C"nmervation John I lix Conservation Admini tration i.enrrx Tiffin C:nngrrvafion Arra 81145 81.11 Line Utopia On LOM ITO
ONTARIO IEEIEIrhone: 7115.424.1479 - Fax: 705:1242115 Web wvwnvcaon .ca Email achnw(Wnvcaon.ca
wm>ar~. 1 ;
Page 31 of 49
Agenda Item # 5c) - 2009-A-25, Fercan Developments Inc. 2921 Highway 11, Part L...
0 ~ ~W-mlo-nte
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Application No:
2009-A-25
Meeting Date:
October 15, 2009
Roll
4346-010-009-01700
BACKGROUND:
TOWNSHIP OF ORO-MEDONTE
REPORT
To: Committee of Adjustment
Subject: Variance Application
Fercan Developments Inc
Part of Lot 21, Concession 7,
2921 Highway 11
(Former Township of Oro)
Prepared By:
Steven Farquharson,
Intermediate Planner
Motion #
R.M.S. File
D13-39795
The purpose of variance application 2009-A-25 is for relief from the definition of "Custom Workshop"
found in Zoning By-law 97-95, in order to operate the establishment of a woodworking and furniture
manufacturing. The property is zoned General Commercial (GC*32) Zone. The business proposes to
have a retail component. The applicants are requesting the following relief from Zoning By-law 97-95:
Custom Workshop:
"Means premises used by a trade, craft or guild for the manufacture, in small quantities, of
made to measure clothing or articles including the sale of such products at retail and, for
the purpose of this By-law shall include upholstering but does not include metal spinning,
woodworking or furniture manufacturing".
A staff report will follow upon further discussion and clarification with the applicant regarding the
proposed woodworking and furniture manufacturing business. For the Committee's review of the
background for the application, the applicant's planning report has been attached for information
purposes.
~a,-
Respectfully submitted:
Steven Farqu~iarson, B.URPL
Intermediate Planner
Development Services
Application No. 2009-A-25
Reviewed by:
Glenn Whi e, MCIP, RPP
Manager, Planning Services
Meeting Date: October 15, 2009
Page 1 of 2
Page 32 of 49
Agenda Item # 5c) - 2009-A-25, Fercan Developments Inc. 2921 Highway 11, Part L...
SCHEDULE 1: LOCATION MAP
2009-A-25
(Fercan Developments Inc)
Subject Lands
Development Services
Application No. 2009-A-25
LEI
'Pi
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J
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J
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0 25 F 0 100 150 200
Meters
Meeting Date: October 15, 2009
Page 2 of 2
Page 33 of 49
IGHWAY-11
Agenda Item # 5c) - 2009-A-25, Fercan Developments Inc. 2921 Highway 11, Part L...
EEEfPF.
September 25, 2009
mopp~./s
..ENE
Via Courier
AENENE
MENNEN
Ms. Andria Leigh
Director of Development Services
O1V~T~ CJ
148 Line 7 South
~ CONSULTING GROUP LTD
.
Oro, ON, LOL 2X0
PLANNERS. ENGINEERS. SURYETORS
Dear Ms. Leigh:
SPP 2 5 2009
Re: Application for Minor Variance
ORO-MEDONTE
70WN51-lIP
Fercan Developments Inc. sale to Bruce Bateman 'In Trust'
2921 Highway 11 (Part Lot 21, Concession 7)
Our File: Bat-09331
We represent Fercan Developments Inc. and Bruce Bateman who have entered into a purchase
and sale agreement respecting land located at 2921 Highway 11. Bruce Bateman's purchase is
subject to a 90 day conditional period (lapsing on November 26, 2009) in which he may apply
for a minor variance to permit a woodworking and furniture manufacturing business on a portion
of the lands.
Enclosed for your review, please find the following:
• Completed application for Minor Variance
• Application fee of $600
• Authorization forms (2) signed by the current owner and the purchaser.
• Ten (10) copies of the minor variance sketch
• Explanation of the purpose and planning rationale in support of the application
1.0 Purpose of the Application
The purpose of the application for minor variance is to vary the definition of a 'custom
workshop' which is a permitted use within the General Commercial (GC*32) zone to include
woodworking and furniture manufacturing within a portion of the existing building on the
property. The variance would only apply to a portion of this property.
2.0 Description of the Proposed Use
Bruce Bateman is the owner of Bateman Furniture and he is proposing to manufacture and sell
furniture from the building. The entire building comprises approximately 4,200 square metres of
area. The building previously was a grocery store that closed in the 1990s. The building currently
contains a post office (which will remain) and vacant space.
The proposed woodworking and furniture manufacturing use would occupy 790 square metres
of area, while the retail portion (which is already a permitted use under the GC Zone), will also
occupy approximately 700 square metres at the front of the building.
The woodworking and furniture manufacturing use will include a spray booth, finishing area,
miscellaneous woodworking/manufacturing equipment and an internal dust collector. The
business will employ 15 persons, with 3 being devoted to the retail component, and the balance
of 12 persons working in the manufacturing side.
Head Office: Barrie Suite 100 • 300 Lakeshore Drive, Barrie, ON L4N OB4 705-734-2538 • 705-734-1056 fax
Collingwood 243 Ste. Marie Street Collingwood, ON L9Y 3K6 705-446-3230 • 705-446-3240 fax
Fnrm re ae I ISO 9001:2000 Certified www.lonescorisulflnn.com
Page 34 of 49
Agenda Item # 5c) - 2009-A-25, Fercan Developments Inc. 2921 Highway 11, Part L...
3.0 Tests for a Minor Variance
Section 45.(1) of the Planning Act grants the Committee of Adjustment the authority to grant a
minor variance, if in the Committee's opinion the tests for approval of a minor variance have
been met. We have provided below a list of each of the tests and our assessment of how the
application for a woodworking and furniture manufacturing use meets these tests,
Is the request minor in nature?
The assessment of an application should consider the impact of the proposal on adjacent
properties and the compatibility of the proposal with the surrounding land uses of the area. The
use of the word `minor' must be reviewed on a site-specific basis relative to the immediate
impact the approval of the variance would impose on the surrounding neighborhood.
The Owner has requested permission to permit woodworking and furniture manufacturing use,
which is excluded from the definition of 'custom workshop' under the General Commercial Zone
permitted uses.
In my opinion, there will be no impact on the adjacent properties. There is only one adjacent
use within proximity of the building (Atkinson Maple Syrup Supplies located to the west) and that
land is also zoned General Commercial. Furthermore, the proposed woodworking and furniture
manufacturing use will be contained within the building. Lastly, there are no perceived impacts
on future adjacent tenants or the Post Office as the entire building will be owned by Bruce
Bateman who has a vested interested to ensure that his business would not negatively impact
any other tenants.
Coincidentally, the Bateman Furniture location in Barrie also contains an adjacent Post Office
and there has been no conflicts between these uses.
We also consider this application to be minor because there is no broader public interest that
would benefit from the enhanced circulation and review that would be associated with an
application for a Zoning By-law Amendment.
In my opinion, the variance application to permit a woodworking and furniture manufacturing
use is minor in nature.
Is the request desirable for the appropriate development or use of the land, building or
structure?
In assessing this test, an application should be measured against whether it will introduce an
element that is undesirable for the appropriate development or use of the land, and whether
there would be cumulative impacts if subsequent applicants followed this direction.
The subject lands are currently zoned General Commercial (GC*32) according to the Township
of Oro-Medonte Zoning By-law 97-95. There are 33 permitted uses in this zone that cover a wide
range, Examples include; retail, custom workshops, building supply outlets, marine and motor
vehicle sales and service establishments, personal service shops, repairs shops, and service
shops.
The number and types of uses permitted in the GC Zone all have the potential to create typical
commercial effects relating to noise, traffic, deliveries, etc.. That being said, the proposed
woodworking and furniture manufacturing use is not anticipated to create any adverse impacts
as further detailed below:
2
Head Office: Barrie Suite 100 • 300 Lakeshore Drive, Barrie, ON L4N 064 705-734-2538 • 705-734-1056 fax
Collingwood 243 Ste. Marie Street Collingwood, ON 1_9V 3K6 705-446-3230 • 705-446-3240 fax
Form to Rev i ISO 9001:2000 Certified www. innnsCnn6Ultinn.cnm
Page 35 of 49
Agenda Item # 5c) - 2009-A-25, Fercan Developments Inc. 2921 Highway 11, Part L...
• Dust is controlled by means of an internal dust collector. The dust is removed regularly by
a farmer who uses it as bedding for his cattle operation.
• Noise will be controlled internally through the use of sound deadening materials. Bruce
Bateman has a manufacturing and retail location in Barrie and is experienced in
methods to ensure that noise does not disrupt his own retail operations or the operations
of other tenants.
• Odours will be controlled by only painting/staining within a spray booth that will contain
filters. The spray booth used is similar to an automotive spray booth which contains filters
to collect overspray. There are no other odours that will be emitted that could impact
other tenants or the adjacent property owner.
• Waste wood material is handled by a regular commercial waste removal contract.
Water is not required in the woodworking process so no wet waste will be created.
• Traffic impacts will be less than a typical retail operation in that only 1 delivery truck (5
metres long) will visit the site 2 days a week, in addition to one lumber deliver per week
on a flat bet truck.
This general area of Highway 11 has also contained other furniture manufacturing businesses on
commercially zoned lands (i.e. Booth Furniture)
In my opinion, the minor variance application to permit a woodworking and furniture
manufacturing use represents a desirable and appropriate use of the land.
3. Is the request maintaining the general intent and purpose of the Official Plan?
The purpose of this test is to ensure that the proposed variance does not alter the zoning by-law
such that it no longer conforms to the Official Plan,
Schedule E of the Township of Oro-Medonte Official Plan designates the portion of the property
subject to the application as Highway 11 Special Policy Area and Oro-Centre - Limited Service
Industrial. According to the policies of Section E5 in the Official Plan pertaining to the Oro
Centre Secondary Plan, there are significant limits on the development of new buildings in these
designations. However, in accordance with the Official Plan the existing building has been
recognized.
In my opinion, the minor variance application to permit woodworking and furniture
manufacturing maintains the general intent and purpose of the Official Plan in that no new
buildings or expansions of existing buildings are requested as part of the application.
4. Is the request maintaining the general intent and purpose of the Zoning By-law?
This test requires an assessment of whether the application represents a major departure from
the general intent and purpose of the By-law.
According to the definition of 'custom workshop' in the Township's Zoning By-law 97-95,
woodworking and furniture manufacturing is specifically excluded as noted below;
Means premises used by a trade, craft or guild for the manufacture, in small
quantities, of made to measure clothing or articles including the sale of such
Head Office: Barrie Suite 100 • 300 Lakeshore Drive, Barrie, ON L4N 0134 705-734-2538 • 705-734-1056 fax
Collingwood 243 Ste. Marie Street Collingwood, ON L9V 3K6 705-446-3230 • 705-446-3240 fax
Form to Rev i ISO 9001:2000 Certified www.ionescnnwltinn. -m
Page 36 of 49
Agenda Item # 5c) - 2009-A-25, Fercan Developments Inc. 2921 Highway 11, Part L...
products at retail and, for the purpose of this By-law shall include upholstering but
does not include metal spinning, woodworking or furniture manufacturing.
In my opinion, the intent of the By-law through the definition of 'custom workshop' was to limit
manufacturing in commercial zones to small operations. I do not know the reason for excluding
woodworking and furniture manufacturing, but one possible reason is that those uses generically
speaking, have the potential to require large spaces and can create dust and noise impacts.
As noted in this letter, there is no discernable noise, dust or odour impacts from the proposed use
and the proposal will occupy less than 20% of the building space. In that sense, it's a small
manufacturing use consistent with the spirit of the definition of 'custom workshop'.
The current zoning contains an exception ('32) which prohibits the construction of new buildings
or additions to buildings. As noted previously, the proposed use does not require any additions
or new buildings to be constructed,
In my opinion, the minor variance application to permit woodworking and furniture
manufacturing maintains the general intent and purpose of the Zoning By-law.
The proposed woodworking and furniture manufacturing use will generate economic growth in
the Township through the creation of 15 new jobs. In addition, the use will help revitalize an
underutilized building.
In summary, my planning opinion is that the proposed Minor Variance represents good planning
in that the application is minor in nature, represents a desirable land use in the area, and
maintains the intent of both the Official Plan and Zoning By-law.
We look forward to the processing of the application and if you have any questions or require
additional information, please call me.
Sincerely,
THE JONES CONSULTING GROUP LTD.
Ray Duhamel, M.C.P., MCIP, RPP
Partner
Manager, Planning Services
C. Bruce Bateman
Michael Hassey
4
Head Office: Barrie
Collingwood
Form 10 Rev I
Suite 100 • 300 Lakeshore Drive, Barrie, ON L4N 0134 705-734-2538 • 705-734-1056 fax
243 Ste. Marie Street Collingwood, ON L9Y 3K6 705-446-3230 • 705-446-3240 fax
ISO 9001:2000 Certified www. nnescrnnsiiItinn.cnm
Page 37 of 49
Agenda Item # 5c) - 2009-A-25, Fercan Developments Inc. 2921 Highway 11, Part L...
September 8, 2009
To Whom It May Concern:
I have an accepted offer of purchase and Sale for lands described 2921
Highway 11, Oro-Medonte, legally described as Pt. Lot 21, Con 7, Oro Pts 1-5, 8-
10, Except Pt 1 51 R-30031 S/T Oro 13056, Oro 16803; Township of Oro-Medonte.
This letter authorizes the Jones Consulting Group to act as my agent for all
planning act matters relating to the establishment of a proposed
woodworking/furniture making shop.
Sincerely,
Bruce Bateman
Page 38 of 49
Agenda Item # 5c) - 2009-A-25, Fercan Developments Inc. 2921 Highway 11, Part L...
SEP/02/2009/WEU 05;15 PM
5rP-Q-lUUV WhD 0:11 rfl Hassey Kealty Corp,
FAX No, r. UUI/UUi
FAX NO, YUb YU 8816 Y. UZ
September 2, 2009
To Whom It May Concern,
I am the registered owner of 2921 Highway 11, Oro-Medonte, legally described
as Pt Lt 21 Con 7 Oro Pts 1,2,3,4,5,8,9 & 10 51R15046 Except Pt 1 51 830031;
SIT Oro13056, OR016803; Township of Oro-Medonte. I have accepted an offer
of purchase and sale from Bruce Bateman "In Trust" For a Company to be
Incorporated and this letter authorizes Bruce Bateman to submit any necessary
applications (including but not limited to an application for Minor Variance), to
permit a woodworking/furniture making shop on my property. This letter also
authorizes The Jones Consulting Group to act as my agent for all matters
pertaining to these application(s)
Sincerely,
e/,-, 4
r^ercan Developments Inc.
M 'd 9198 6£L SOL 'ON XU 'daoo 6aleaN GassvH Wd £9:50 03M 6002-ZO-ES
Page 39 of 49
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Agenda Item # 6a) - Correspondence dated October 13, 2009 from Harold and Linda
October 13, 2009.
Mr. Robin Dunn, Chief Administrative Officer 00 1 G 2009
Ms Andria Leigh, Director of Development Services.
Ms Michelle Lynch, Chair, Committee of Adjustment
The Corporation of the Township of Oro-Medonte y t` is d'
148 Line 7 South
Oro, ON
LOL 2X0
Dear Sir and Madams,
File 2009-A-08
The August meeting of the Committee of Adjustment decided to provide Mr. Butler with
the requested variance , under one condition: Mr Butler must provide a completed
undertaking to sign off and abandon his Right of Way over our property. Not at some
time in the future but before obtaining his permit. The wording of the Decision of the
Committee has been altered to suit Mr Butler. Hence he has been given a variance and
permit.. We were promised at the committee, (and they took great effort in getting the
wording right) that this should meet our concerns. One being safety from contractors on
our right of way road.
We are damaged by this unilateral action of the planning department.
The planning department of Oro-Medonte has interpreted and watered down the
Committee decision, and has issued Mr. Butler a permit. Today the construction began at
67 Barrie Terrace.
Mr. Butler is still on our deed.
Mr. Butler has written as fulfilling Clause 4 of the Committee Decision that he will
"undertake" the abandonment of his Right of Way. This is not an undertaking. This is a
promise to create an undertaking in the fature. T here is no timeline for this and no terms.
This empty promise is not what the Committee ordered to occur. The Committee ordered
an undertaking to release prior to getting the permit.
The one bargaining chip we had to get rid of this Right of Way has been lost due to the
townships mishandling of the Committee of Adjustment decision.
The wording of the clauses for the Committee decision was supervised and assisted by
Andria Leigh in order to make the decision binding and meaningful. We specifically
asked for the condition of abandonment of the right of way "quid pro quo" in exchange
for the variance and we were granted our request by Committee, with the assistance of
Andria Leigh to determine the exact wording.
Page 47 of 49
Agenda Item # 6a) - Correspondence dated October 13, 2009 from Harold and Linda
I am requesting a review of the actual minutes of the meeting, and a review of the permit
as it appears to have been issued in direct conflict with the instructions of the Committee
of Adjustment decision.
We want Mr. Butler to abandon his Right of Way over our land.
We will cease and desist any and all actions on this matter if Mr. Butler signs off and
abandons the Right of Way immediately, as he promised and which action the Committee
insisted should occur.
Yours truly,
Harold and Linda Roe
65 Barrie Terrace
Page 48 of 49
Agenda Item # 6a) - Correspondence dated October 13, 2009 from Harold and Linda
.n
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COMMITTEE OF ADJUSTMENT
NOTICE OF DECISION
Application No. 2009-A-08-Robert Butter, Lot 15, Plan 1, 67 Barrie Terrace,
IN THE MATTER OF the Planning Act, 1990, as amended, Section 45 (1)(2)(8)(9) and (10), and
IN THE MATTER OF the Planning Act, 1990, as amended, Section 45 (1)(2)(8)(9) and (I0), and
IN THE MATTER OF an application to the Committee of Adjustment submitted with respect to 2009-A-08- Robert
Butler, Lot 15. Plan 1, Township of Oro-Medonte.
WHEREAS Variance application 2009-A-08- Robert Butler. The applicant is proposing to construct an attached garage
with an area of 51 sq. in. (576 sq. ft), onto the front of an existing dwelling. The property is zoned Residential Limited
Service (RLS) Zone. The applicant is requesting the following relief from Table B 1 of Zoning By-law 97-95:
Reoubxd Proased
Table Bl- Minimum Front Yard Setback: 7.5 metres 4.8 metres
WHEREAS the subject property is designated "Shoreline" in the Official Plan, and Zoned "Residential Limited Service
-Hold (RLS*H) Zone" by By-law 97-95; and
WHEREAS having had regard to those matters addressed by The Planning Act, in accordance with the rules and
procedures prescribed under Ontario Regulation 197196, as amended, and having considered all relevant information as
presented at the public hearing on the 20 day of August 2009.
TAKE NOTICE that pursuant to Section 53(19) of the Planning Act, R.S.O. 1990, c.P. 13, as amended, the above
decision and/or conditions may be appealed to the Ontario Municipal Board. Only individuals, corporations and public
bodies may appeal decisions in respect of applications for consent to the Ontario Municipal Board. A notice of appeal
may not be riled by an unincorporated association or group. However, a notice of appeal may be filed in the name of an
individual who is a member of the association or group.
THE LAST DATE FOR FILING A NOTICE OF APPEAL IS WEDNESDAY, THE 9th DAY OF SEPTEMBER,
2009.
A "NOTICE OF APPEAL" setting out in writing the supporting reasons for the appeal should be received on or before
the last date for "Appeal" accompanied by a certified cheque in the amount of ONE HUNDRED AND TWENTY FIVE
DOLLARS payable to the MINISTRY OF FINANCE. The notice is to be submitted to the Secretary -Treasurer of the
Committee of Adjustment, 148 Line 7 South, PO Box 100, Oro, Ontario, LOL 2X0.
The following is the Decision of the Committee:
"It is recommended that the Committee of Adjustment approves variance 2009-A-08, being for the construction of an
attached garage with an area of approximately 51 sq. in. (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_'-.. W.,s 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 and 57 Barrie
Terrace.
Dated this 20" day of August, 2009.
Members concurring in this decision:
Lynda Amen
Garry Potter f
Bruce Yap A11Z.
4_~CL
Michelle Lynch, Chaii j
Carried.
Rick Webster
Steven Fufgiiwison
Secretary Treasurer
NOTICE IS HEREBY GIVEN THAT THE LAST DATE FOR APPEALING THE ABOVE DECISION AND/OR
CONDITIONS TO THE ONTARIO MUNICIPAL BOARD IS
SEPTEMBER 9, 2009.
Page 49 of 49