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01 21 2010 C of A AgendaProud Heritage, Exciting Future 4. ADOPTION OF MINUTES a) Minutes of the November 19, 2009 meeting. 5. PUBLIC MEETINGS: TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING AGENDA COUNCIL CHAMBERS Thursday, January 21, 2010 9:30 a.m. 1. OPENING OF THE MEETING BY THE CHAIR 2. ADOPTION OF AGENDA a) Motion to adopt agenda. 3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF IN ACCORDANCE WITH THE ACT" a) 9:30 a.m. 2010 -A -03 Christopher Taylor and Carol Rose 247 Lakeshore Road West, Lot 6, Plan 807 and Part 2, 51 R28525, Lot 6 (Former Township of Oro) Proposal: To construct a single storey accessory building (not a detached private garage). b) 9:30 a.m. 2009 -A -28 Terry and Denise Coram 41 Blueberry Marsh Road, Concession 2, Part of Lot 65, RP 51 R -19869 (Former Township of Medonte) Proposal: To construct a detached accessory building (two car garage). c) 9:45 a.m. 2009 -A -29 Horseshoe Valley Resort/Clinton Smout 3101 Line 3 North, Concession 3 4, Part of Lots 1 2, pt of Blk 14 Plan M720 (Former Township of Oro) Proposal: To construct a detached accessory building (storage). d) 9:45 a.m. 2010 -A -01 Martin and Eileen Carl 7 Melissa Crescent, Plan M71, Lot 7 (Former Township of Oro) Proposal: To construct a single storey addition onto the front of an existing dwelling. e) 10:00 a.m. 2010 -A -02 Nancy Rouse Page 1 of 105 Page 65 -74 75 -85 86 -97 Committee of Adjustment Thursday, January 21, 2010. 5. PUBLIC MEETINGS: 1109 Woodland Drive, Plan 993, Lot 22 (Former Township of Orillia) Proposal: To construct an addition to the existing dwelling onto the front of an existing dwelling. f) 10:00 a.m. 2009 -B -37 Howard and Barbara Rogers 8 Simcoe Avenue, Lots 71 -75, Plan 709 (Former Township of Oro) Proposal: To permit a boundary adjustment. g) 10:15 a.m. 2008 -B -49 Federico Rossi and Silva Rossi 5395 Line 8 North, Part of Lot 14, Concession 9 (Former Township of Medonte) Purpose: Creation of a new residential lot. h) 10:15 a.m. 2010 -B -01 Jean Bylow c/o Connie Andersen 9733 Highway 12, Part Lot 5, Concession 14, (Former Township of Medonte) Purpose: Severance of lands from the portion of the property which is draft approved for a residential subdivision. 6. NEW BUSINESS: 98 -103 a) 2004 -B -44 Elizabeth and David Woronka 628 Ridge Road East, Lot 24, Concession 9 (Former Township Of Oro) 104 b) 2008 -B -22 Ian Johnstone 274 Line 11 South, Part of Lot 22, Concession 10 (Former Township of Oro) 105 c) Ontario Municipal Board Appointment of Hearing, dated December 21, 2009, re: 2009 -B -35 (Barry, Susan and Alice Cockburn). 7. NEXT MEETING DATE 8. ADJOURNMENT Page 2 of 105 Township of Proud Heritage, Exciting Future Agenda Item 4a) Minutes of the November 19, 2009 meeting. THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Thursday, November 19, 2009 9:00 a.m. Present: Staff Present: Michelle Lynch, Chair Lynda Aiken, Bruce Chappell, Garry Potter, Rick Webster Steven Farquharson, Secretary Treasurer /Intermediate Planner; Meghan Keelan, Planner; Marie Brissette, Deputy Secretary Treasurer /Committee Coordinator 1. OPENING OF THE MEETING BY THE CHAIR Michelle Lynch assumed the Chair and called the meeting to order. 2. ADOPTION OF AGENDA a) Motion to adopt agenda. Motion No. CA091119 -01 Moved by Chappell, Seconded by Aiken It is recommended that the Committee of Adjustment agenda for the meeting of November 19, 2009 be received and adopted. 3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF IN ACCORDANCE WITH THE ACT" None declared. 4. ADOPTION OF MINUTES a) Motion to adopt minutes of meeting held on October 15, 2009. Carried. Motion No. CA091119 -02 Moved by Webster, Seconded by Aiken It is recommended that the minutes of the Committee of Adjustment meeting held on October 15, 2009 be adopted as printed and circulated. Carried. Page 1 of 7 Page 3 of 105 5. PUBLIC MEETINGS: Agenda Item 4a) Minutes of the November 19, 2009 meeting. a) 2009 -A -23 Ed Mayhew (Revised) 13 Greenwood Forest Road, Concession 5, Plan 709, Lot 37, (Former Township of Oro) Variance from rear yard setback for a deck. Rick McFadden, agent, was present on behalf of the applicant. Motion No. CA091119 -03 Moved by Chappell, Seconded by Aiken It is recommended that the Committee of Adjustment approves Variance Application 2009 -A -23 (Revised), being to amend the variance approved by the Committee of Adjustment to construct a deck with an area of approximately 35.3sq.m (380.5sq.ft), which is to be setback 1.0 metres from the zone boundary acting as a 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; and 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. The previously approved conditions are amended as follows: Condition 1 b) is amended such that the deck and stairs be located no closer than approximately 1.0m from the zone boundary acting as the rear lot line as per the drawings submitted with the revised appplication. Defeated. Page 2 of 7 Page 4 of 105 Agenda Item 4a) Minutes of the November 19, 2009 meeting. Motion No. CA091119 -04 Moved by Potter, Seconded by Webster It is recommended that the Committee of Adjustment approves Variance Application 2009 -A -23 (Revised), being to amend the variance approved by the Committee of Adjustment to construct a deck with an area of approximately 35.3sq.m (380.5sq.ft), which is to be setback 1.0 metres from the zone boundary acting as a 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; and 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. The previously approved conditions are amended as follows: Condition 1 b) is amended such that the stairs be located no closer than approximately 1.0m from the zone boundary acting as the rear lot line as per the drawings S1 and S2 submitted with the revised appplication dated October 30, 2009. Carried. Page 3 of 7 Page 5 of 105 Agenda Item 4a) Minutes of the November 19, 2009 meeting. b) 2009 -A -26 Roth 117 Poplar Crescent, Plan 985, Lot 23 and Part of Road Allowance known as Poplar Crescent (Former Township of Oro) Relief from maximum height, maximum lot coverage and maximum floor area for accessory building. Bev Dunnett and Jim Roth, applicants, were present. Motion No. CA091119 -05 Moved by Potter, Seconded by Webster It is recommended that the Committee of Adjustment approves Variance Application 2009 -A -26, being for relief from the maximum height, the maximum floor area, and the maximum lot coverage for accessory buildings in Zoning By -law 97 -95, in order to construct a detached garage accessory to a single family dwelling, subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 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 height of the accessory building is no more than approximately 5.5m; b) The floor area of the accessory building is no more than approximately 111sq.m; and c) The lot coverage of the accessory buildings combined (excluding the main dwelling) be no more than approximately 7.7% of the lot area. 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 4of7 Page 6 of 105 Agenda Item 4a) Minutes of the November 19, 2009 meeting. c) 2009 -A -27 Peter and Liliane Zimmerman 9 Grandview Crescent, Lot 2, Plan 935 Relief from front yard and interior side yard setbacks for an attached garage. Peter Zimmerman, applicant, was present. Genevieve Whyte asked for clarification on the setbacks. George Hibrant questioned parking on the proposed driveway. Motion No. CA091119 -06 Moved by Chappell, Seconded by Webster It is recommended that the Committee of Adjustment approves Variance Application 2009 -A -27, for relief from the minimum front yard setback and the minimum interior side yard setback in Zoning By -law 97 -95, in order to construct a garage attached to a single family dwelling 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 amended by the Committee; 2. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 3. That the applicant obtain any permits and /or approvals, if required, from Lake Simcoe Region Conservation Authority, if applicable 4. 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 proposed attached garage be located no closer than 4.6 metres from the front lot line and 1.7 metres from the interior side lot line. Carried. Page 5 of 7 Page 7 of 105 Agenda Item 4a) Minutes of the November 19, 2009 meeting. d) 2009 -B -36 Doug and Ruth Kingsbury 15 Forest Plain Road, Lot 20, Plan 1719 Create a new lot by way of severance. Motion No. CA091119 -07 Moved by Aiken, Seconded by Chappell It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2009 -B -36, being to create a new industrial lot from the subject land municipally known as 15 Forest Plain Road. The proposed severed parcel will have approximately 91 metres on Forest Plain Road, with an area of approximately 1.1 hectares. The retained lot will have approximately 66 metres of frontage on Forest Plain Road, with an area of approximately 1 hectare, subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That all municipal taxes be paid to the Township of Oro Medonte; 4. That the applicant pay 500.00 for the lot created as cash -in -lieu of a parkland contribution; 5. That the maximum total lot area for the new lot be approximately 1.1 hectares; 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 6 of 7 Page 8 of 105 7. NEXT MEETING DATE 8. ADJOURNMENT Agenda Item 4a) Minutes of the November 19, 2009 meeting. 6. NEW BUSINESS: a) OMB Decision dated October 29, 2009, re: 2008 -A -51. Motion No. CA091119 -08 Moved by Aiken, Seconded by Chappell It is recommended that the OMB Decision dated October 29, 2009, re: 2008 A-51 be received. Carried. b) Mandatory training, re: Accessibility Standards for Customer Service. Motion No. CA091119 -09 Moved by Chappell, Seconded by Aiken It is recommended that the mandatory training, re: Accessibility Standards for Customer Service be received. Thursday, January 21, 2010 at 9:00 a.m. a) Motion to adjourn. Motion No. CA091119 -10 Moved by Chappell, Seconded by Aiken It is recommended that we do now adjourn at 1:22 p.m. Michelle Lynch, Chair Steven Farquharson, Secretary Treasurer Carried. Carried. Page 7 of 7 Page 9 of 105 Proud Heritage, F hing F re Application No: 2010 -A -03 Meeting Date: January 21, 2010 Roll 4346- 010- 008 -23910 REQUIRED CONDITIONS: 1. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 2. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c. P. 13. 3. That the applicant obtain any permits and /or approvals, if required, from Lake Simcoe Region Conservation Authority, if applicable 4. 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 proposed attached garage be located no closer than 2.9 metres from the front lot line; BACKGROUND: The purpose of this report is to consider a Variance Application 2010 -A -03, for relief from the Township's Comprehensive Zoning By -law in relation to an expansion of a non conforming structure and the location on an accessory building in the required front yard setback in the Shoreline Residential Zone. ANALYSIS: Agenda Item 5a) 9:30 a.m. 2010 -A -03 Christopher Taylor and Carol Rose 2... TOWNSHIP OF ORO- MEDONTE REPORT To: Committee of Adjustment Subject: Variance Application (Christopher Taylor and Carol Rose) 247 Lakeshore Road West Lot 6, Plan 807 and Part 2 51 R- 28525, Lot 6 Prepared By: Steven Farquharson, B. URPL Intermediate Planner Motion R.M.S. File D13- The applicant is proposing a single storey accessory building, not a detached private garage with an area of approximately 12.2 sq. m. (132 sq. ft) in front of the existing dwelling. The property is zoned for residential use. The applicant is requesting the following relief from Section 5.16.1 (b)(c) and Section 5.1.3 of Zoning By -law 97 -95: 5.16.1 Enlargement, Repair or Renovation of a Non Complying Building (b) Does not increase the amount of floor area or volume in a required yard Development Services Meeting Date January 21, 2010 Application No. 2010 -A -03 Page 1 of 4 Page 10 of 105 FINANCIAL: Not applicable. Agenda Item 5a) 9:30 a.m. 2010 A 03 Christopher Taylor and Carol Rose 2... (c) Does not in any other way increase a situation of non compliance Section 5.1.3 Permitted locations for detached accessory buildings and structures in all zones a) Not be located in the front yard. Notwithstanding this provision, a detached private garage is permitted in the front yard of a lot that abuts Lake Simcoe or Bass Lake provided it is set back a minimum distance equal to the required front yard for the main building from the front lot line (being 7.5 metres in the Shoreline Residential (SR) Zone). PROPOSED to be located in the front yard approximately 2.9 metres from the front lot line. POLICIES /LEGISLATION: Does the variance conform to the general intent of the Official Plan? The property is designated Shoreline in the Official Plan. Section C5.2 of the Plan states that "permitted uses on lands designated Shoreline...are single detached dwellings [and accessory buildings to such] Therefore, the accessory building to the existing dwelling would be considered a permitted use. On this basis the proposal is considered to conform with the intent of the Official Does the variance comply with the general intent of the Zoning By -law? The subject property is zoned Shoreline Residential (SR) Zone. Detached accessory buildings are permitted in the Shoreline Residential (SR) Zone. The Zoning By -law permits detached private garages to be located in the front yard of properties which have frontage on Lake Simcoe, provided they are not located within the required front yard setback. However, the applicant is proposing to expand an existing accessory structure located in the front yard. The required front yard setback for the SR Zone is 7.5m. The purpose of the setback is to ensure that structures do not cause an obstruction for the travelled portion of the road. In this instance, it is staff's opinion from observations during a site visit, that the proposed structure will not hinder the travelled portion of the road as it is being integrated into the existing cedar hedge and will not extend beyond. Therefore the intent of the front yard is maintained. With respect to the request for variances to expand a non conforming structure and to reduce the side and front yard setback, the applicant has provided a survey indicating that the detached accessory building does not comply with current zoning provisions for accessory structures in the SR Zone; however, as the detached accessory structure was built in approximately 1930, it would be considered a non conforming structure. The proposed increase in height of the existing accessory building would not further reduce the existing front yard setback, however a height increase is adding additional floor volume in a required yard. By the applicant changing the height of the non conforming accessory structure a variance is required to identify this change and have relief from the Zoning By- law. The applicant has indicated that the increase in height will maintain the maximum height allowance of 4.5 metres as stated in Section 5.1.4 of the Zoning By -law. The footprint of the Development Services Meeting Date January 21, 2010 Application No. 2010 -A -03 Page 2 of 4 Page 11 of 105 Agenda Item 5a) 9:30 a.m. 2010 -A -03 Christopher Taylor and Carol Rose 2... accessory building is not being increased and will maintain a interior side and front yard setback of 3.9 metres and 2.9 metres. Therefore, the variance is considered to comply with the general intent of the Zoning By -law. Is the variance appropriate for the desirable development of the lot? It would be considered desirable development for the lot to construct a detached accessory building in the front yard as they are a permitted use. The proposed location is desirable, as the structure has existed in the same location with no increase of the foot print of the building. This proposed location does not proposed to infringe on the septic system, setbacks to the septic system and preserves the mature trees on the lot which obstruct the view of the accessory building from Lakeshore Road West and the neighbouring lot to the west. Based on the above, the application to add floor volume of a an accessory building into the required front yard, appears to be appropriate for the desirable development of the lot. Is the variance minor? As this application maintains the intent of the Official Plan and Zoning By -law, the proposed variance is considered to be minor. CONSULTATIONS: Transpor?ation and Environmental Services Building Depaument- Proposal appears to meet minimum standards Engineering Department Lake Simcoe Conservation Authority- ATTACHMENTS: Schedule 1: Location Map CONCLUSION: In the opinion of the Planning Department, Variance Application 2010 -A -03, being to expand a non- conforming structure and to have a front yard setback reduced from the required 7.5 metres to 2.9 metres, appears to meet the four tests of the Planning Act. Respectfully submitted: czA Steven arquharson, B.URPL Intermediate Planner Development Services Reviewed by: Glenn White, MCIP, RPP Manager, Planning Services Meeting Date January 21, 2010 Application No. 2010 -A -03 Page 3 of 4 Page 12 of 105 Agenda Item 5a) 9:30 a.m. 2010 -A -03 Christopher Taylor and Carol Rose 2... IJI RID GE_RQAD Development Services Application No. 2010-A-03 LAKFSHCREPrIADI 1 J LANE St1BJ ECT LANDS SCHEDULE 1: LOCATION MAP 2010 -A -03 (Taylor and Rose) LAKE SIMCOE 0 35 70 140 210 280 Meter s Meeting Date January 21, 2010 Page 4 of 4 Page 13 of 105 Agenda Item 5a) 9:30 a.m. 2010 -A -03 Christopher Taylor and Carol Rose 2... Page 14 of 105 View from Neighbouring Lot to the West Agenda Item 5a) 9:30 a.m. 2010-A-03 Christopher Taylor and Carol Rose 2... Page 16 of 105 Agenda Item 5a) 9:30 a.m. 2010 -A -03 Christopher Taylor and Carol Rose 2... Page 17 of 105 :efit, .1 CD 03 0 01 Facing toward proposed location from Lakeshore Road West *or gip Agenda Item 5b) 9:30 a.m. 2009 -A -28 Terry and Denise Coram 41 Blueberry (So Proud Heritage, Exciting Encore Application No: 2009 -A -28 Meeting Date: January 21, 2010 Roll 4346- 020 -009 -21605 REQUIRED CONDITIONS: TOWNSHIP OF ORO- MEDONTE REPORT To: Committee of Adjustment Subject: Variance Application (Terry and Denise Coram) 41 Blueberry Marsh Road Concession 2, Part of Lot 65, RP 51 R -19869 (Medonte) Prepared By: Steven Farquharson, Intermediate Planner Motion R.M.S. File D13 -40089 The following conditions are required to be imposed on the Committee's decision: 1. That notwithstanding Section 5.1.6 of Zoning By -law 97 -95, the structure shall otherwise comply with all other provisions for detached accessory buildings, as required under Section 5 of the Zoning By -law; 2. That the floor area of the detached garage not exceed approximately 125 square metres; 3. That the setbacks be in conformity with the dimensions as set out in the application and on the sketch submitted with the application and approved by the Committee; 4. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying in writing that the floor area of the detached accessory structure not exceed approximately125 square metres; 5. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c. P. 13. BACKGROUND: The purpose of this report is to consider a Variance Application 2009 -A -28, for relief from the Township's Comprehensive Zoning By -law in relation to the permitted location and maximum floor area of an accessory building in the A/RU Zone. The applicants originally application submission was for a detached accessory building with a total floor area of 140 square metres and an interior side yard setback of 0.6 metres. Through further consultation with Township staff, the applicant revised their application to bring it closer into compliance with the Zoning By -law. The revised application reduced the floor area to 125 square metres and increased the interior side yard setback to 2 metres. With the revision, the applicant Development Services Meeting Date January 21, 2010 Application No. 2009 -A -28 Page 1 of 6 Page 21 of 105 Agenda Item 5b) 9:30 a.m. 2009 -A -28 Terry and Denise Coram 41 Blueberry eliminated the variance request for an interior side yard setback, however a variance is still required for the maximum floor area of an accessory building. The subject property has a lot frontage of 57.9 metres on Blueberry Marsh Road, a depth of 106 metres, and a lot area of 0.6 hectares. The subject property contains a single detached dwelling, built in approximately 1995. The property is located east of Scarlett Line and North of Moonstone Road, and is bounded on all sides by large agriculturaVrural parcels. The applicant is proposing to construct a 125 square metre detached garage, to be located in the northwest corner of the property, approximately 13.4 metres in front of the existing dwelling. The applicant has indicated that the increased garage floor area is needed to accommodate parking of classic vehicles, and as well serve as a workshop. ANALYSIS: PURPOSE OF APPLICATION: The applicant is proposing to construct a detached accessory building (2 car garage), to have an area of 125 square metres. The applicant is requesting the following relief from Zoning By -law 97 -95: 1. Section 5.1.6 Maximum Floor Area The maximum floor area of any detached accessory building or structure, excluding boathouses is 100 square metres on lots in the AgriculturaVRural (A/RU) Zone with an area less than 2.0 hectares. PROPOSED floor area. is 125 square meters. FINANCIAL: Not applicable. POLICIES /LEGISLATION: Does the variance conform to the general intent of the Official Plan? The property is designated Rural in the Official Plan. Section C2.2 of the Plan states that "permitted uses on lands designated Rural...are single detached dwellings, bed and breakfast establishments, home occupations, Therefore, the construction of an accessory building would be considered a permitted use. On this basis the proposal is considered to conform with the intent of the Official Plan. Does the variance comply with the general intent of the Zoning By -law? The subject property is zoned Agricultural /Rural (A/RU) Zone. The purpose for regulating the size, height and location of detached accessory structures is to ensure that such buildings remain clearly secondary to the primary use of the lot, in this case being residential. Provisions for the maximum floor area for accessory structures in the A/RU Zone are slightly larger; while in residential zones the maximum floor area is 70 square metres, the A/RU maximum is 100 square metres. This difference in floor areas reflects that accessory structures in the rural areas of the Township may be geared more to the storage of recreational, agricultural, and other large vehicles and machinery. In this case, Development Services Meeting Date January 21, 2010 Application No. 2009 -A -28 Page 2 of 6 Page 22 of 105 Agenda Item 5b) 9:30 a.m. 2009 -A -28 Terry and Denise Coram 41 Blueberry while the garage is proposed to have an area of 125 square metres, the existing dwelling has a floor area of 185 square metres. As such, the garage will remain secondary to the dwelling. Aside from the maximum floor area provision, the proposed garage will otherwise meet with the required height, interior side and rear yard setbacks, setback to the dwelling, and will not exceed the maximum 5 percent lot coverage provision. Therefore, the variance is considered to maintain the general intent of the Zoning By -law. Is the variance appropriate for the desirable development of the lot? A site inspection revealed that the proposed garage will be located approximately 19 metres from the front property boundary, and an additional 13.4 metres in front the existing dwelling. As such, the existing dwelling will be well in behind the garage, and thus remain visually predominant. The site inspection also revealed that the subject lands are located in an area of the Township, where surrounding lands consist of mainly large agricultural parcels. It was also noted that there consists a large vegetative treed buffer along the front lot line which will provide a buffer and the proposed garage would not cause a visual impact from Blueberry Marsh Road. The proposed location is clear of any tree vegetation, which will allow for the applicant to have no need for tree removal. The neighbouring dwellings are located approximately 65 metres away, as such, the distance would likely reduce the negative visual or aesthetic impact for the neighbouring residences based on spatial separation. On this basis the proposal is considered desirable for the appropriate development of the subject lot. Is the variance minor? As this application is deemed to conform with the Official Plan, maintain the intent of the Zoning By- law and constitutes appropriate development, the variance is considered to be minor. CONSULTATIONS: Transportation and Environmental Services Building Department- Proposal appears to meet minimum standards Engineering Department Nottawasaga Valley Conservation Authority- No Objection ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Development Services Meeting Date January 21, 2010 Application No. 2009 -A -28 Page 3 of 6 Page 23 of 105 Agenda Item 5b) 9:30 a.m. 2009 -A -28 Terry and Denise Coram 41 Blueberry CONCLUSION: In the opinion of the Planning Department, Variance application 2009 -A -28, being to grant an increase in maximum floor area for an accessory building from 100 square metres to 125 square metres, appears to meet the four tests of the Planning Act. Respectfully submitted: Reviewed by: /_2 Intermediate Planner Manager, Planning Services Development Services Meeting Date January 21, 2010 Application No. 2009 -A -28 Page 4 of 6 Page 24 of 105 Agenda Item 5b) 9:30 a.m. 2009 -A -28 Terry and Denise Coram 41 Blueberry TOWNSHIP OF SPRINGWATER Development Services Application No. 2009 -A -28 SUBJECT LANDS 41 BLUEBERRY MARSH ROAD SCHEDULE 1: LOCATION MAP 2009 -A -28 (Coram) BLUEBERRY MARSH ROAD iiM MOON STONE_RQAD o 50 100 200 300 400 Meters Meeting Date January 21, 2010 Page 5 of 6 Page 25 of 105 1 r1) C y k z rti b 4 1 b 4 Wa' (as alMl I� NI 0 4819'0 =d3 d r'C Ilya y 1 b 0 o d .10 0 II� Te nt 7 4 113,41" 1 J (n N .p-4 "/G--` S 3 1 V a rD Agenda Item 5b) 9:30 a.m. 2009 -A -28 Terry and Denise Coram 41 Blueberry 1 „r io I J rl lath tI F—� 4. y N 9 CO Co DI •101 1 9NI Nr31 SCHEDULE 2: SITE PLAN 2009 -A -28 Coram) am mom Ion- CO 99 9 59 6107 N33M13g ,I, 1' 9 i Acce$SoK1 O�tow6 7r 0 T q r tli la,an R. s� {a.Ala aahli IJII IS 'Nd3 3 *NO3 1 09 101 1i 11301103 'M •N r-t• �a nl a ria r at yr Iti 9 N3N 3l3NI 3 „00 ,81 •9 t N I /044 C 'Ob' Development Services Meeting Date January 21, 2010 Application No 2009 -A -28 Page 6 of 6 6861 1 .1Ala all Ilttl Page 26 of 105 to 1989 NO 1 1 11 11111• 1/ Ise i'vS0'01 I 21111 N 5 9 19 0 O" E CREFERENCE tins) SEA 1N9 R 1 177.15 .1 F 119.24 6- 0 t I0 f;. 0 ,11i i p8oss a .DD v ri_ os R s 1. e' -7 1Wif k 1 4 5 1 PA it .471 11 IA 1 A (i A 0.6 /8 ha. (r, P t b ae .rm. f I LI:CM I j t venf' o 0 ?a, N. W. CORNER LOT 65 CON.2 EPR. 0 R42449 AL_L.4.1-444-1AICE BETWEEN LOTS 65 a 66 PI z 11551011 le I. 59°19 00"E 57. 91 0 I QI 105. S S -4 1. 111 /735/ 01 (s) Agenda Item 5b) 9:30 a.m. 2009 -A -28 Terry and Denise Coram 41 Blueberry Member Municipalities Adjala- Tosorontio Amaranth Barrie The Blue Mountains Bradford -West Gwillimbury Clearview Coll ingwood Essa Grey Highlands Innisfil Melancthon Mono Mulmur New Tecumseth Oro Medonte Shelburne Springwater Wasaga Beach Watershed Counties Dufferin Grey Simcoc Member of Conservation ONTARIO Natural Champ».e January 13, 2010 Steven Farquharson, Secretary- Treasurer Committee of Adjustment Township of Oro Medonte P.O. Box 100 Oro, Ontario LOL 2X0 Dear Mr. Farquharson; Re: Application for Minor Variance 2009 -A -28 Part Lot 65, Concession 2, 41 Blueberry Marsh Road Township of Oro Medonte (Formerly Township of Medonte) The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this application for minor variance and based upon our mandate and policies under the Conservation Authorities Act, we have no objection to its approval. Thank you for circulating this application for our review and please forward a copy of any decision. Sincerely, Tim Salkeld Resource Planner Celebrating 50 Years in Conservation 1960 -2010 NOTTAWASAGA VALLEY CONSERVATION AUTHORITY Centre for Conservation John Hix Conservation Administration Centre Tiffin Conservation Area 8195 8th Line Utopia, On LOM 1TO Telephone: 705.424.1479 Fax: 705.424.2115 Web: www.nvca.on.ca Email: admin@nvca.on.ca Page 28 of 105 ri1,040. ■..11 eat .1 4:-.141-mArd" .11111111Mai* 4.11:"14614 4 't 404411116 411""- VA, %Ai= xiaerig :nish.."1, 144: genda Item a.‘.4., 4. 4 iet. Voillimi&V ,.•4111110 Alte .1113101111111141G PAIS,..-0411 1 6 Ammo" T' ii.X._;... ........•■•■=10,111010.001°. 0 ~OW Page 29 oi 1 Agenda Item 5b) 9:30 a.m. 2009-A-28 Terry and Denise Coram 41 Blueberry h Msrt i ..WICIVAXIMOSEINffialr h z47 se:, `.011111101111•11 11,1M"?.: ."sieNomta■asamme,.. elor 41 461, ;1111.11P 444"94;i4 e ..11104, f Air 'ol -telM• A ...mummy 41-1W lea .orf fe. 1r4"..t.14.,PrillWARL4Z S.-31111.1V !Mr,. 'i A VI; j 0 C4 2 Page 30 of 105 Agenda Item 5b) 9:30 a.m. 2009 -A -28 Terry and Denise Coram 41 Blueberry Page 31 of 105 Agenda Item 5b) 9:30 a.m. 2009 -A -28 Terry and Denise Coram 41 Blueberry Page 32 of 105 Agenda Item 5b) 9:30 a.m. 2009 -A -28 Terry and Denise Coram 41 Blueberry Page 33 of 105 Agenda Item 5b) 9:30 a.m. 2009 -A -28 Terry and Denise Coram 41 Blueberry Page 34 of 105 Proposed Location facing toward Blueberry Marsh Agenda Item 5b) 9:30 a.m. 2009 -A -28 Terry and Denise Coram 41 Blueberry Proposed Side Yard Setback Page 36 of 105 Agenda Item 5b) 9:30 a.m. 2009 -A -28 Terry and Denise Coram 41 Blueberry Proposed Side Yard Setback Facing Blueberry Marsh Road Page 37 of 105 Agenda Item 5c) 9:45 a.m. 2009 -A -29 Horseshoe Valley Resort/Clinton Smout... 0 felon, Proud Heritage, Exciting Furore Application No: 2009 -A -29 Meeting Date: January 21, 2010 Roll 4346- 010 002 -03500 REQUIRED CONDITIONS: BACKGROUND: ANALYSIS: TOWNSHIP OF ORO- MEDONTE REPORT To: Committee of Adjustment Subject: Variance Application (Horseshoe Resort Skyline /Smout) 3101 Line 3 N Pt Lots 1 2, Concession 3 4, former Township of Oro Motion R.M.S. File D13 -40091 The following conditions are required to be imposed on the Committee's decision: Prepared By: Meghan Keelan, Planner 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. The purpose of this report is to consider Variance Application 2009 -A -29, for relief from the Township's Comprehensive Zoning By -law in relation to a permitted use in the AgriculturaVRural Exception 15 (A/RU *15) Zone. The applicant applied for a permit to erect a building for storage purposes, accessory to the existing business. It was determined that the existing commercial use was not permitted under the zoning. However, a previous permit had already been granted for a portable for the office portion of the business in 2006, as such the business has been operating on the site since 2006, despite the prohibitive zoning. In order to rectify the situation and to permit the applicant to obtain the necessary permits for the accessory storage structure, a minor variance is required. As per the letter from the applicant attached, the business is a training school for recreational vehicles, i.e. snowmobiles, ATVs and other off-road vehicles. This facility trains students from ages 6 to adults. The applicant has been running a business on the property since 2006. The minor variance is required to permit this business to operate as the zoning does not permit any uses which did not exist prior to the passing of the current Zoning By -law 97 -95. Zoning By -law came into effect November 5, 1997. The business was not in operation on the subject lands at that time. This report will review the four tests of Development Services Meeting Date January 21, 2010 Application No. 2009 -A -29 Page 1 of 4 Page 38 of 105 Agenda Item 5c) 9:45 a.m. 2009 -A -29 Horseshoe Valley Resort/Clinton Smout... the Planning Act to determine if the minor variance is appropriate and supportable from a planning perspective. FINANCIAL: Not applicable. POLICIES/LEGISLATION: Does the variance conform to the general intent of the Official Plan? The property is designated Horseshoe Valley Resort Facility in the Township's Official Plan. Section C14.3.5 of the Plan states that "small scale resort- related facilities are permitted A small business which offers recreational vehicle training to resort guests as well as Oro Medonte residents is considered to be a small scale resort- related facility. This business is small scale because of its physical size. It operates out of a single former classroom portable. It also has lease agreements with the County of Simcoe to operate on the County Forest Trails. On this basis the proposal is considered to conform with the intent of the Official Plan. Does the variance comply with the general intent of the Zoning By -law? The subject land is zoned AgriculturaVRural Exception 15 (A/RU* 15). This exception provision is for lands adjacent to settlement areas. Exception 15 does not permit any use that did not exist at the date of the passing of the By -law. As previously stated, the By -law came into effect on November 5, 1997, at which time the use did not exist. The intent of the exception provision, A/RU *15, is to prevent the un- organized expansion of settlement areas without a comprehensive plan. A comprehensive plan has been undertaken for the Horseshoe Valley Node and it resulted in the current Official Plan designation of Horseshoe Valley Resort Facility. As previously discussed the use is permitted in this designation. Aside from the use, the existing office and proposed accessory storage would otherwise comply with the other provisions of the Zoning By -law for the A/RU Zone. The variance to permit this commercial use would maintain the general intent of the Zoning By -law. is the variance appropriate for the desirable development of the lot? The use has been operating on the lot since 2006 without issue or complaint, to the Township's knowledge. As per the attached cover letter from the business owner, there is relatively little noise or disturbance from the operation of the business. Also the lot is designated for this type of use, a use ancillary to the operation of the resort. When the comprehensive plan for the Horseshoe Valley Node was created, uses ancillary to the resort, for the guests and Oro Medonte residents, similar to the recreational vehicle training center operating now, were contemplated. Based on the above, the application existing commercial business appears to be appropriate for the desirable development of the lands. Development Services Meeting Date January 21, 2010 Application No. 2009 -A -29 Page 2 of 4 Page 39 of 105 Agenda Item 5c) 9:45 a.m. 2009 -A -29 Horseshoe Valley Resort/Clinton Smout... Is the variance minor? The surrounding uses are maintenance buildings associated with a residential development, large agricultural properties, and County forests; these uses are not likely to be disturbed by the operating business. There is a residential development to the south of the subject lands. As described by the applicant, the business does not appear to infringe or disturb this development. As this application maintains the intent of the Official Plan and Zoning By -law, the proposed variance is considered to be minor. CONSULTATIONS: Public Works Department Building Department no concerns Engineering Department ATTACHMENTS: Schedule 1: Location Map Schedule 2: Applicant's letter CONCLUSION: In the opinion of the Planning Department, Variance Application 2009 -A -29, being to operate a commercial business and subsequently construct an accessory storage structure, appears to meet the four tests of the Planning Act. Respectfully submitted: 106, Meghan Keelan, BES Planner Development Services Application No. 2009 -A -29 Reviewed by: Glenn White, MCIP, RPP Manager Planning Services Meeting Date January 21, 2010 Page 3 of 4 Page 40 of 105 Agenda Item 5c) 9:45 a.m. 2009 -A -29 Horseshoe Valley Resort/Clinton Smout... N w z Development Services Application No. 2009 -A -29 SUBJECT AREA SCHEDULE 1: LOCATION MAP 2009 -A -29 (Horseshoe Resort Skyline /Smout) HORSESHOE VALLEY-ROAD 0 85 170 340 510 680 mlinf■ Meters Meeting Date January 21, 2010 Page 4 of 4 Page 41 of 105 Agenda Item 5c) 9:45 a.m. 2009 -A -29 Horseshoe Valley Resort/Clinton Smout... HORSESHOE a RESORT uYAMAHA November 30, 2009 -11 -30 RECD. 'r D To: Oro Medonte NOV J 2909 ORO -M ED u NTE From: Clinton Smout, Program Manager TOWNSHIP Horseshoe Riding Adventures Dear Andrea, I was asked to write a letter describing what our business is all about here at Horseshoe Riding Adventures. This business started in 1995 as a Humber College program. I was a Canada Safety Council chief instructor for the street motorcycle training program. There were over two hundred street locations in Canada where teens and adults could receive safe instruction and street motorcycle license tests. There were no programs providing safe, professional training for any age of off road riders. There are too many off road injuries and fatalities and proper rider training helps reduce accidents. My dream is that insurance companies will eventually support rate reductions if the customer has taken an off road rider training safety course. At present off road and snowmobile operators do not have any monetary incentive from reduced insurance costs from taking a safety course. Young drivers in cars or street motorcycles do have insurance support of training and the statistics prove it works. I incorporated a business in 1997called Canadian Motorcycle Training Services www.cmts.or¢ and started a small part time program for young riders. Our first location was in Spring Water township and with the blessings and support of Simcoe County, the Canada Safety Council and Humber College we started training children how to ride with a safe curriculum. The off road safety school has grown into the largest off road safety school in Canada. We have a mobile program (Yamaha Riding Academy) that travels from Moncton to Vancouver in the winter providing free indoor rider training to new riders age 6 to 12. Last year we reached the milestone of our 20,000 student. We also have a home base school which moved from Spring Water Township to Horseshoe Resort in November of 2006. At that time we received a building permit for a school portable which is our storage for the riding equipment students wear. We also have shipping containers used to house the training vehicles. I purchased a cover all roof structure and in the application process for the building permit it was found that our business doesn't fit the zoning for our location. Mr. Martin Kimble explained a bit about Oro Medonte zoning and Horseshoe Resort and I now understand that a zoning variance is required since our location (beside Carriage Ridge) might be zoned Agricultural not Recreational. Often when the word off road motorcycle is heard people think of loud, racing dirt bikes. We are not about noise or racing. Our Horseshoe location for the past four years has maintained a very safe 1 101 Horseshoe Valley Rd. Comp 10, RR# 1, Barrie, ON, Canada L4M 4Y8 705.835.2790 ext. 1 288 Toll Free 1.800.461 .5627 Fax 705.722.0307 www.cmts.org Email: yamaha ©horseshoeresort.com Page 42 of 105 Agenda Item 5c) 9:45 a.m. 2009 -A -29 Horseshoe Valley Resort/Clinton Smout... HORSESHOE a RESORT pwM OYAMAHA and friendly relationship with our neighbours. We have a commercial lease agreement with Simcoe County for the North and South Barr Tract of forest. We also utilize the Horseshoe Farm loop in the summer and the Ontario Federation of Snowmobile Trails in the winter. Our vehicles are very quiet mini bikes, off road motorcycles, ATVs and snowmobiles. We provide the safe riding gear, professional instruction (starting with children age six) the legal vehicle and a great place to learn how to ride safely. Customers can bring their own vehicle but, it must meet our strict noise level and legality standards. Horseshoe Riding Adventures currently employs over forty people (many who live in Oro Medonte). We taught 2600 students at our Horseshoe Resort location in 2009 bringing tourism dollars to our county in fuel, accommodation, meals and support to other local business. We are very proud of the curriculum we teach which not only trains safe operation of off road vehicles but, teaches proper trail etiquette, where to ride and how to do it legally. We also really enjoy giving back to the community. We work with 0.P.P officers, troubled youth councillors and pastors and have created mentoring programs for teens in trouble. The magnetic draw of something with an engine has helped many Oro Medonte troubled teens get back on track. We provide free training, riding gear and instruction to the teens who must then earn the right to be in our program with: Staying in school, staying out of trouble with the law and working at our school. They work first by being punctual, helping children learn how to ride, washing bikes and gear and then they get the latter half of the day to continue their own training and fun riding. Every Wednesday in July our staff provides free training to deaf and otherwise challenged children. In the last ten years we have put smiles on over four thousand deaf children. In fourteen years we have now trained over 50,000 students (over half for no charge) across Canada. We are very proud of our safety record as well, having called 911 only six times. I am sure that no township will find a business type category that fits our particularly unique school. We are sincerely hoping that Oro Medonte will grant us the zoning variance that will allow us to continue the important work we do here. Please contact me if I can shed any further light into what we do. If you require any references please contact Earl Dertinger or 'sham Davis from the County of Simcoe. Best regards, Clinton Smout, Program Manager 1 101 Horseshoe Valley Rd. Comp 10, RR# 1, Barrie, ON, Canada L4M 4Y8 705.835.2790 ext. 1288 Toll Free 1.800.461.5627 Fax 705.722.0307 www.cmts.org Email: yamaha®horseshoeresort.com Page 43 of 105 Agenda Item 5c) 9:45 a.m. 2009 -A -29 Horseshoe Valley Resort/Clinton Smout... Page 44 of 105 Agenda Item 5c) 9:45 a.m. 2009 -A -29 Horseshoe Valley Resort/Clinton Smout... Page 45 of 105 Agenda Rem 5c) 9:45 a.m. 2009 -A -29 Horseshoe Valley Resort/Clinton Smout... Page 46 of 105 Agenda Item 5c) 9:45 a.m. 2009 -A -29 Horseshoe Valley Resort/Clinton Smout... Page 47 of 105 Agenda Item 5c) 9:45 a.m. 2009 -A -29 Horseshoe Valley Resort/Clinton Smout... Page 48 of 105 Agenda Item 5c) 9:45 a.m. 2009 -A -29 Horseshoe Valley Resort/Clinton Smout... Page 49 of 105 Agenda Item 5c) 9:45 a.m. 2009 -A -29 Horseshoe Valley Resort/Clinton Smout... Page 50 of 105 Agenda Item 5d) 9:45 a.m. 2010 -A -01 Martin and Eileen Carl 7 Melissa Cre... Proud Heritage. Exciting Forme Application No: 2010 -A -01 Meeting Date: January 21, 2010 Roll 4346 010 007 -29300 REQUIRED CONDITIONS: BACKGROUND: ANALYSIS: TOWNSHIP OF ORO- MEDONTE REPORT To: Committee of Adjustment Subject: Variance Application (Martin Eileen Carl) 7 Melissa Crescent Lot 7, Plan M71, Lot 27, Concession 3 Prepared By: Meghan Keelan, Planner Motion R.M.S. File D13 -40108 The following conditions are required to be imposed on the Committee's decision: 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 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 proposed addition be located no closer than approximately 4.4 metres from the front lot line and approximately 2.1 metres from the interior side lot line; 3. 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. The purpose of this report is to consider Variance Application 2010 -A -01, for relief from the Township's Comprehensive Zoning By -law in relation to the setbacks for a dwelling in the Residential One (R1) Zone. The applicant is proposing to construct an addition onto their single detached dwelling. In order to accommodate the proposed addition, a minor variance from two provisions of the R1 Zone is required as outlined below. The applicant is proposing to construct an addition to their house. The addition will be located to the west side and front of the existing dwelling. The proposed addition is encroaching into the side and front yards. The applicant has requested variances to the required setbacks from 7.5m to 4.4m (front yard) Development Services Meeting Date January 21, 2010 Application No. 2010-A-01 Page 1 of 6 Page 51 of 105 Agenda Item 5d) 9:45 a.m. 2010 -A -01 Martin and Eileen Carl 7 Melissa Cre... and from 2.5m to 2.1 m (east side yard). This report will review the four tests of the Planning Act to determine if the minor variance is appropriate and supportable from a planning perspective. FINANCIAL: Not applicable. POLICIES /LEGISLATION: Does the variance conform to the general intent of the Official Plan? The property is designated Rural Settlement Area in the Township's Official Plan. Section C3.1 outlines the objectives of this designation, which are to maintain and create attractive communities with suitable amenities and to ensure that settlement areas are developed in a logical and cost effective manner. Section C3.2 outlines the permitted uses for this designation; low density residential uses are included. An addition to an existing single detached dwelling will be in keeping with the character of the residential area. On this basis the proposal is considered to conform with the intent of the Official Plan. Does the variance comply with the general intent of the Zoning By -law? The subject land is zoned Residential One (R1) and the applicant is requesting relief from two provisions; the front yard and the side yard setback for a single detached dwelling. The intent of the front yard setback is to ensure there is adequate room to park a car and to ensure that the road way is not obstructed by any structures or vehicles. The applicant is requesting a reduction from the required 7.5m (24.6ft) to 4.4m (14.4ft) for the front yard. With a 4.4m (14.4ft) front yard a car will still be able to fit in the driveway. The structure will still be set back from the front lot line and the road way, it will not obstruct or impede the road way. The intent of the side yard setback is to ensure there is adequate access to the back of the house and in this case the septic system. The applicant is requesting a reduction from the required 2.5m (8.2ft) for a side yard to 2.1 m (6.8ft) for the west side yard. On this property there will still be a substantial side yard on the east side of the house of 5.95m (19.5ft). There will also still be a side yard on the west side. In the Zoning By -law 2m (6.5ft) is the prescribed side yard for an accessory building. In this instance, with the 5.95m on the east side and remaining 2.1 m on the west, there will be adequate access to the rear of the property. Side yard setbacks are imposed to also ensure adequate separation between neighbouring dwellings. There is an existing hedge along the west property line and the dwelling to the west of the subject property is not near the property line. The requested side yard of 2.1 m with the existing hedge would appear to be enough to maintain an adequate separation distance between the two dwellings. Aside from the front and side yard setbacks, the proposed addition would otherwise comply with the other provisions of the Zoning By -law for the R1 Zone. The variance to permit an addition to a single detached dwelling would maintain the general intent of the Zoning By -law. Development Services Meeting Date January 21, 2010 Application No. 2010 -A -01 Page 2 of 6 Page 52 of 105 Agenda Item 5d) 9:45 a.m. 2010 -A -01 Martin and Eileen Carl 7 Melissa Cre... Is the variance appropriate for the desirable development of the lot? The subject lands are both designated and zoned for residential uses. An addition to the single detached dwelling would be in keeping with the uses permitted on this property. Increasing the size of the dwelling would be considered desirable development of the lot. Is the variance minor? The subject property is located in a residential subdivision surrounding by established residential uses. As the proposal will not negatively impact the surrounding lots nor infringe on the road way and the intent of the Official Plan and Zoning By -law are maintained, the proposed variance is considered to be minor. CONSULTATIONS: Public Works Department Building Department Engineering Department ATTACHMENTS: Schedule 1: Location Map Schedule 2: Proposed Site Plan Schedule 3: Proposed Elevations CONCLUSION: In the opinion of the Planning Department, Variance Application 2010 -A -01, being an application to reduce the side yard setback from 2.5m to 2.1 m and the front yard setback from 7.5m to 4.4.m, appears to meet the four tests of the Planning Act. Respectfully submitted: 7 Meghan Keelan, BES Planner Development Services Reviewed by: Glenn White, MCIP, RPP Manager Planning Services Meeting Date January 21, 2010 Application No. 2010 -A -01 Page 3 of 6 Page 53 of 105 Agenda Item 5d) 9:45 a.m. 2010 -A -01 Martin and Eileen Carl 7 Melissa Cre... RED- flAK- CRESCEl SCHEDULE 1: LOCATION MAP 2010 -A -01 (Eileen and Martin Carl) L 1tt.1LL lAM _STR EE.T_ j I `q O ix n` I w 8 GRAHAM- STREET of w to CI BROOK STREET 4 zd a ie a tea t a■Metrr s Development Services Meeting Date January 21, 2010 Application No 2010 -A -01 Page 4 of 6 Page 54 of 105 Agenda Item 5d) 9:45 a.m. 2010 -A -01 Martin and Eileen Carl 7 Melissa Cre... z Development Services Application No. 2010-A-01 a wi yo SCHEDULE 2: PRPOSED SITE PLAN 2010 -A -01 (Eileen and Martin Carl) a E► Meeting Date January 21, 2010 Page 5 of 6 Page 55 of 105 Agenda Item 5d) 9:45 a.m. 2010-A-01 Martin and Eileen Carl 7 Melissa Cre... Development Services 4 SCHEDULE 3: PRPOSED ELEVATIONS 2010-A-01 (Eileen and Martin Carl) 0 ra Meeting Date January 21, 2010 Application No. 2010-A-01 Page 6 of 6 Page 56 of 105 I Subject Lands I I Agenda Item 5d) 9:45 a.m. 2010 -A -01 Martin and Eileen Carl 7 Melissa Cre... Page 58 of 105 Agenda Item 5d) 9 :45 a.m. 2010 -A -01 Martin and Eileen Carl 7 Melissa Cre... Page 59 of 105 lenda Item 5d) 9:45 a.m. -40 ‘s, Page 60 c Agenda Item 5d) 9:45 a.m. 2010-A-01 Martin and Eileen Carl 7 Melissa Cre... Page 61 of 105 Agenda Item 5d) 9:45 a.m. 2010-A-01 Martin and Eileen Carl 7 Melissa Cre... Page 62 of 105 Agenda Item 5d) 9:45 a.m. 2010-A-01 Martin and Eileen Carl 7 Melissa Cre... Page 63 of 105 I Front Yard Setback i Agenda Item 5f) 10:00 a.m. 2009 -B -37 Howard and Barbara Rogers 8 Simcoe r€ r rskiii nJ Ct Y Prow Heeiragr, E,citing Furore Application No: 2009 -B -37 Meeting Date: January 21, 2010 Roll 4346- 010 008 -170 REQUIRED CONDITIONS: BACKGROUND: TOWNSHIP OF ORO- MEDONTE REPORT To: Committee of Adjustment Subject: Consent Application Barbara Howard Rogers Simcoe Ave Lots 71 to 75, Plan 709 (Former Township of Oro) Prepared By: Meghan Keelan, Planner Motion R.M.S. File D10 -40090 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 with an area of approximately 589.9sq.m and frontage of approximately 15.2m be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 2. That the severed lands (Lot 73) be merged in title with Lots 74 75, Plan 709, former Township of Oro (4346- 010 008 -17100 4346- 010 -008 -170 PIN 5857 -0130) 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. The applicant is proposing a boundary adjustment to convey approximately 589.9sq.m (0.14 acres) from the subject property to the adjacent lot legally described as Lots 74 75 of Plan 709. The proposed retained lot would consist of approximately 0.11 hectares (0.3 acres). No new building lots will be created as a result of the lot addition. The applicants originally purchased 5 lots of subdivision Plan 709, specifically Lots 71 to 75. When the plan was deemed to no longer be a subdivision, some of the lots merged on title. The applicant's solicitor has outlined that former Lots 71, 72 and 73 of Plan 709 merged on title under one PIN and former Lots 74 75 merged on title under a separate PIN. Development Services Meeting Date: January 21, 2010 Application No. 2009 -B-37 Page 1 of 6 Page 65 of 105 Agenda Item 5f) 10:00 a.m. 2009 -B -37 Howard and Barbara Rogers 8 Simcoe Between the two lots there were three houses built. One dwelling is primarily located on former Lot 73, however it encroaches on to former Lot 74. For the Committee's information, this situation arose because the Township passed a Deeming By- law, specifically By -law 97 -71. It is permitted under the Planning Act and common practice for municipalities to deem older subdivisions to no longer be a Plan of Subdivision. This process is undertaken for older subdivisions which no longer comply with the current Zoning By -law standards. In this instance, the applicant had 5 Tots from the original subdivision. These lots would not comply with current standards. In order to bring the area in to better conformity with the Zoning By -law standards, the Township passed the deeming by -law. Once the Deeming By -law is passed, the Registry office merges all properties which are registered in the same name. As a result former Lots 71, 72 and 73 were merged as they were all registered under "Howard Stanley Rogers and Barbara Anne Rogers" and former Lots 74 75 were merged because they were listed under "Howard Stanley Rogers ANALYSIS: The purpose of application 2009 -B -37 is to permit a lot addition /boundary adjustment. As outlined above there are two separate Tots with three dwellings. As one dwelling is located on former Lot 73 but encroaches onto Lot 74, the applicants have requested that the former Lot 73 be severed from former Lots 71 72 and added to former Lots 74 75. The proposed lot addition will result in a parcel of 589.9sq.m (0.14 acres), being added to an existing residential lot. The proposed enhanced lot will have a new total lot area of approximately 1,791.5sq.m (0.44 acres). No new building lot is proposed to be created as a result of the lot addition. FINANCIAL: Not applicable. POLICIES/LEGISLATION: OFFICIAL PLAN The lands to be conveyed, the retained lands, and the enhanced lot are all designated Shoreline by the Township's Official Plan (OP). The goals and objectives of the Shoreline designation are to maintain the existing residential character, protect the natural features and the shoreline, and to ensure that development is appropriately serviced (Section C5.1). Single detached dwellings are permitted in this designation as per Section C5.2. In this instance, both properties are residential with currently functioning septic systems. Should building permits for replacement or renovated dwellings be applied for, additional approvals for septic systems would be undertaken at that time. The subject properties are not on the immediate shoreline, nor are any natural feature identified nearby. Therefore the proposed boundary adjustment would not impact any natural features or the immediate shoreline. This proposal meets the goals and objectives of the designation. Development Services Meeting Date: January 21, 2010 Application No. 2009 -8-37 Page 2 of 6 Page 66 of 105 Agenda Item 5f) 10:00 a.m. 2009 -B -37 Howard and Barbara Rogers 8 Simcoe Section D2 of the OP contains policies with respect to subdivision of land. Specifically, Section D2.2.2 `Boundary Adjustments provides the following guidance: "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." The proposed boundary adjustment will not create a new building lot, nor alter the existing permitted uses on the retained or enhanced lot. Both properties will be able to continue to operate as residential properties. Therefore the proposed application conforms with the Official Plan. ZONING BY -LAW The subject lands are zoned Shoreline Residential (SR) in the Township's Zoning By -law. Single detached dwellings are permitted in the Shoreline Residential Zone. This zone has a minimum lot area of 0.2ha and a minimum lot frontage of 30m requirement. The chart below outlines the existing and resultant frontages and areas. I Lots Today Area Frontage 1 To be Severed (Lots 71, 72, 73) 0.17ha (0.44ac) 45m (150ft) 1 To be Enhanced (Lots 74, 75) 0.11 ha (0.27ac) 30m (100ft) I Lots After Boundary Adjustment Area Frontage I Enhanced Lot (Lots 73, 74, 75) 0.17ha (0.44ac) 45m (150ft) I Retained Lot (Lots 71,72) 0.11 (0.27ac) 30m (100ft) The Tots today are non conforming in terms of area. The lots after the boundary adjustment will still not comply with the minimum lot area provision. The situation of non compliance is not worsened or changed as a result of the boundary adjustment. Section 5.17 allows existing lots which do not comply to the Zoning By -law to be used. As previously discussed, there are three dwellings between the two properties. This is also a situation of non compliance. The same reasoning applied above applies here, the boundary adjustment will not further the situation of non compliance, there are two dwellings on one lot currently, after the boundary adjustment there would still be two dwellings on one lot. Section 5.17 also applies in this instance. Therefore, the application would comply with the provisions as prescribed by the Zoning By -law. CONSULTATIONS: Public Works Department Building Department- no concerns Engineering Department Development Services Meeting Date: January 21, 2010 Application No. 2009 -B -37 Page 3 of 6 Page 67 of 105 ATTACHMENTS: Schedule #1- Location Map Schedule #2 Proposed Severance CONCLUSION: It is the opinion of the Planning Department, that Consent application 2009 -B -37, for a boundary adjustment would appear to conform to the general intent of the Official Plan, and maintains the use and setback provisions of the Zoning By -law. Agenda Item 5f) 10:00 a.m. 2009 B 37 Howard and Barbara Rogers 8 Simcoe R l;e l ully ubmitted: Reviewed by: eyhan elan, B.E. S. Glenn White, M.C.I.P, R.P.P. Planner Manager of Planning Services Development Services Meeting Date: January 21, 2010 Application No. 2009 -B-37 Page 4 of 6 Page 68 of 105 Agenda Item 5f) 10:00 a.m. 2009 -B -37 Howard and Barbara Rogers 8 Simcoe -----GREENWp02 FOR SI R-bP1) r r SCHEDULE 1: LOCATION MAP 2009 -B -37 (Barbara and Howard Rogers) WINDFIELD DRIVE LAKEVIEW ROAD w z Sl BJECT L .NDS 0 0 20 40 60 80 Meter._ Development Services Meeting Date: January 21, 2010 Application No. 2009 -B-37 Page 5 of 6 Page 69 of 105 Agenda Item 5f) 10:00 a.m. 2009 -B -37 Howard and Barbara Rogers 8 Simcoe Application No. 2009 &37 SCHEDULE 2: PROPOSED SEVERANCE 2009 -B -37 (Barbara and Howard Rogers) LAKEVIEW ROAD Existing Lot (Lots 74 an. 75) Lands to be added to the land to the north (Lot 73) Retained Lands (Lots 71 &72) 0 5 10 20 30 40 gym Meters Development Services Meeting Date: January 21, 2010 Page 6 of 6 Page 70 of 105 1 t 1 Agenda Item 5f) 10:00 a.m. 2009 -B -37 Howard and Barbara Rogers 8 Simcoe w .0 O 03 J Page 71 of 105 Agenda Item 5f) 10:00 a.m. 2009 -B -37 Howard and Barbara Rogers 8 Simcoe Page 72 of 105 Agenda Item 5f) 10:00 a.m. 2009-B-37 Howard and Barbara Rogers 8 Simcoe Page 73 of 105 Agenda Item 5f) 10:00 a.m. 2009 -B -37 Howard and Barbara Rogers 8 Simcoe Page 74 of 105 Agenda Item 5g) 10:15 a.m. 2008 -B -49 Federico Rossi and Silva Rossi 5395... Proud Heeltegc, E 4th g Furore Application No: 2008 -B -49 Meeting Date: January 21, 2010 Roll 4346- 020 -005 -11000 REQUIRED CONDITIONS: BACKGROUND: TOWNSHIP OF ORO- MEDONTE REPORT To: Committee of Adjustment Subject: Consent Application (Federico and Silva Rossi) Part of Lot 14, Concession 9 (Former Township of Medonte) 5395 Line 8 N 5. That all municipal taxes be paid to the Township of Oro Medonte; Prepared By: Steven Farquharson, B.URPL Intermediate Planner Motion R.M.S. File D10 -38702 The following conditions are required to be imposed on the Committee's decision for Consent application 2008 B-49: 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 each lot created as cash -in -lieu of a parkland contribution; 4. That the applicant apply to the Township to have a holding provision placed on the retained lands, in order to satisfy the recommendations of the EIS (Dillon Consulting, September 2009) submitted and approved by the Nottawasaga Valley Conservation Authority; 6. That the applicants verify the sewage system meets the minimum required setbacks as per Part 8 of the Ontario Building Code. 7. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. The application had originally came before the Committee of Adjustment on November 28, 2008, but was deferred until an Environmental Impact Study (EIS) was completed. The applicant has since completed the required EIS which has been reviewed and approved by the Nottawasaga Valley Conservation Authority, and thus it is appropriate for the application to come to the Committee for consideration. The subject property is located in the former Township of Medonte, municipally known Development Services Meeting Date: January 21, 2010 Application No. 2008 -13-49 Page 1 of 5 Page 75 of 105 Agenda Item 5g) 10:15 a.m. 2008 -B -49 Federico Rossi and Silva Rossi 5395... as 5395 Line 8 North, south of Moonstone Road and east of Line 8 North. The lands are designated Rural by the Official Plan, and zoned Agricultural /Rural (A/RU) Zone and Environmental Protection (EP) Zone. The lands proposed to be severed currently have a single detached dwelling, with no watercourses or wetlands on the property. The existing lot currently contains approximately 653 metres (2142 feet) of frontage on Line 8 North, and a lot area of 37 hectares (91.5 acres). The subject property contains undisturbed tree cover and underbrush along the road frontages and towards the rear of the properties. Surrounding lands uses are predominantly residential. ANALYSIS: The purpose of Consent Application 2008 -B -49 is to permit the creation of a new residential lot by way of severance. The land to be severed is proposed to have a depth of 76.2 metres, frontage along Line 8 North of 54.8 metres, and a lot area of 0.41 hectares. The land to be retained is proposed to have a lot area of approximately 36.6 hectares. FINANCIAL: Not applicable. POLICIES /LEGISLATION: Does the Consent conform to the general intent of the Official Plan? The subject property is designated Rural by the Official Plan. Permitted land uses within the Rural designation include single detached dwellings, home occupation and bed and breakfast establishments. 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 C2.3.1 of the Official Plan are met. The Oro Medonte Official Plan permits lot creation in the Rural designation in accordance with the following policies and criteria: Only one new lot can be severed from a lot in the Rural designation that has an area of at least 36 hectares or is the whole of an original Township lot provided a lot has not been severed from the parcel after March 26, 1973. In considering the creation of a new lot for residential purposes, the Committee of Adjustment shall be satisfied that the proposed lot: a) Will have a minimum lot area of 0.4 hectares; b) Is of an appropriate size for residential use, with such a residential use generally not requiring a lot size that exceeds 2.0 hectares; c) Fronts onto an existing public road that is maintained year round by the Township or County; d) Will not cause a traffic hazard as a result of its location on a curve or a hill; and, e) Can be serviced with an appropriate water supply and an appropriate means of sewage disposal. As found on Schedule B of the Official Plan the subject lands contain a "Significant Woodlands" natural feature. As a result, the applicant was required to complete an EIS, which was reviewed and Development Services Meeting Date: January 21, 2010 Application No. 200 8-8 -49 Page 2 of 5 Page 76 of 105 Agenda Item 5g) 10:15 a.m. 2008 -B -49 Federico Rossi and Silva Rossi 5395... approved by the NVCA. It was found in the EIS that the location of a dwelling on the retained lands would be at the south -west portion of the Meadow and would utilize the existing access road. In order to ensure that the future development of the retained lands is in keeping with the recommendation of the EIS, a holding provision will require the submission of a site plan application in order for staff to ensure the recommendations of the EIS are implemented during the building permit process and construction of the future dwelling. Based on the above factors, the application to create a new residential lot through severance maintains the general intent of the Official Plan. Does the Consent comply with the general intent of the Zoning By -law? The property is currently zoned Agricultural/Rural (A/RU) Zone. The proposed lot will consist of approximately 0.4 hectares (1.03 acres), and will have approximately 54.8 metres (180 feet) of frontage on Line 8 North. The required frontage for a lot in the A/RU Zone is 45 metres (147.6 feet), and the required minimum lot area for a single detached dwelling is 0.4 hectares (0.98 acres). The proposed retained lands would consist of approximately 36.6 hectares (90.4 acres), and maintain a frontage of approximately 598 metres (1962 feet) of frontage on Line 8 North. The proposed severed and retained lots would front on a municipal road, and would comply with relevant Zoning provisions of the Agricultural /Rural (A/RU) Zone On the basis of the above, the proposed creation of a new lot for residential purposes generally maintains the intent of the Zoning By -law. CONSULTATIONS: County of Simcoe- No Objection Transpotation and Environmental Services Building Department- Applicant to verify that sewage system meets minimum required setbacks as per Part 8 of the Ontario Building Code Engineering Department Nottawasaga Valley Conservation Authority- No Objection ATTACHMENTS: 1. Location Map 2. Proposed Severed Lands CONCLUSION: It is the opinion of the Planning Department, that Consent application 2008 -B -49 for the creation of a new lot would appear to conform to the policies of the Official Plan, and maintains the use and zone standards of the Zoning By -law. Respectfully submitted: Sta�lr�a1'quhar n,B.URPL Intermediate Planner Development Services Application No. 2008 -B -49 Reviewed by: GI n White, MCIP, RPP Manager, Planning Services Meeting Date: January 21, 2010 Page 3 of 5 Page 77 of 105 Agenda Item 5g) 10:15 a.m. -Federico Rossi and Silva Rossi 5395... Development Services Application No. 2008 -13- SCHEDULE 1: LOCATION MAP 2008 -g49 (Rossi) 4D I i T 1 MO O S TfVE T OLD GOUNTY ,k rn p 114 220 Meters MOUNT SAINT LOUIS N11 Meeting Date: January 21, 2010 Page 4 of 5 Page 78 of 105 Agenda Item 5g) 10:15 a.m. 2008 -B -49 Federico Rossi and Silva Rossi 5395... SCHEDULE 2: PROPOSED SEVERED LANDS 2008 -B -49 (Rossi) Development Services Meeting Date: January 21, 2010 Application No. 2008 -B -49 Page 5 of 5 Page 79 of 105 Retained Lands Draft Plan Approved Subdivision I 1 Agenda Item 5h) 10:15 a.m. 2010 -B -01 Jean Bylow c/o Connie Andersen 9733... Page 94 of 105 Agenda Item #5h\-10:15@.nn.2O1[-B-01- Jean R«OwC/O Connie Andersen 9733... Page 95 of 105 Agenda Item 51 10:15 a.m. 2010-6-01 Jean 1 Page 96 at 105 Agenda Item 5g) 10:15 a.m. 2008-B-49 Federico Rossi and Silva Rossi 5395... 0) c 2 c.) a. 1 0 4: D 0 7+ 0 Z Page 80 of 105 Agenda Item 5g) 10:15 a.m. 2008 -B -49 Federico Rossi and Silva Rossi 5395... Page 81 of 105 :n daltem #591- 10,15 Pag 82 c Agenda Item 5g) 10:15 a.m. 2008 -B -49 Federico Rossi and Silva Rossi 5395... Page 83 of 105 Agenda Item 5g) 10:15 a.m. 2008 -B -49 Federico Rossi and Silva Rossi 5395... Page 84 of 105 Member Municipalities Adjala Tosorontio Amaranth Barrie The Blue Mountains Bradford -West Gwillimbury Clearview Co l l i ngwood Essa Innisfil Melancthon Mono Mulmur New Tecumseth Oro Medonte Grey Highlands Shelburne Springwater Wasaga Beach Watershed Counties Simcoe Dufferin Grey Member of Conservation ONTARIO Agenda Item 5g) 10:15 a.m. 2008 -B -49 Federico Rossi and Silva Rossi 5395... November 25, 2009 Steven Farquharson, Secretary- Treasurer Committee of Adjustment Township of Oro Medonte P.O. Box 100 Oro, Ontario, LOL 2X0 Dear Mr. Farquharson; Re: Application for Consent 2008 -B-49 (Rossi) Part Lot 14, Concession 9 Township of Oro Medonte (Formerly Township of Medonte) The Nottawasaga Valley Conservation Authority (NVCA) has reviewed the Environmental Impact Study prepared by Dillon Consulting (dated September 2009) which was prepared in support of this consent application. The Study has demonstrated that the use of the existing driveway to access a proposed dwelling in the southwest corner of the Forb Meadow will not have a negative impact on the form or functions of the natural communities that are the basis of the County of Simcoe Greenlands designation on the subject property. Based upon this conclusion, the NVCA has no objection to the approval of this consent application. The NVCA advises the location of the future dwelling is not under the regulatory jurisdiction of the NVCA and a permit is therefore not required under the Conservation Authorities Act. The EIS has provided recommendations on the location of future development and mitigation of negative impacts at the construction stage. The Committee of Adjustment may want to consider a condition of approval which would insure these recommendations are carried out at the development stage (e.g. consent agreement under Section 51(26) of the Planning Act). Thank you for circulating this application for our review and please forward a copy of any decision. Sincerely, Tim Salkeld Resource Planner Conserving our Healthy Waters NOTTAWASAGA VALLEY CONSERVATION AUTHORITY Centre for Conservation John Hix Conservation Administration Centre Tiffin Conservation Area 5195 8th Line Utopia, On L0M 1TO Telephone: 705.424.1479 Fax: 705.424.2115 Web: www.nvca.on.ca Email: admin@nvca.on.ca Page 85 of 105 Agenda Item 5h) 10:15 a.m. 2010 -B -01 Jean Bylow c/o Connie Andersen 9733... li T kt& Prowl tfeNi g, Exciting Application No: 2010 -B -01 Meeting Date: January 21, 2010 Roll 4346- 020 004 -13700 REQUIRED CONDITIONS: BACKGROUND: TOWNSHIP OF ORO- MEDONTE REPORT To: Committee of Adjustment Subject: Consent Application (Jean Bylow c/o Connie Andersen) Part of Lot 5, Concession 14 (Former Township of Medonte) Prepared By: Steven Farquharson, B.URPL Intermediate Planner Motion R.M.S. File D10 -40114 The following conditions are required to be imposed on the Committee's decision regarding Consent applications 2010 -B -01: 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 By -law 2010 -006 be passed and becomes full force and effect; 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. The purpose of the application is to separate, by way of severance, a 0.27 hectare parcel that currently contains a single detached dwelling. The retained lands have an area of 5.54 hectares, which is part of a draft plan approved residential subdivision (2008 SUB -01) consisting of 22 residential lots. The subject land currently consists of an existing dwelling, which the applicant owns at the south- west corner of the property that has access to Highway 12. Adjacent land uses to the north include an institutional building and municipal park with additional residential Tots within the Warminster Settlement Area. Development Services Meeting Date January 21, 2010 Application No. 2010 -B -01 Page 1 of 7 Page 86 of 105 Agenda Item 5h) 10:15 a.m. 2010 -B -01 Jean Bylow c/o Connie Andersen 9733... ANALYSIS: The purpose of application 2010 -B -01 is to permit the severance of lands from the portion of the property which is draft approved for a residential subdivision (2008- SUB -01). The lands to be severed have an area of approximately 0.27 hectares, and frontage along Highway 12 of approximately 56 metres. The retained lands are proposed for the future development of 22 residential lots, which has a total lot area of approximately 5.54 hectares. FINANCIAL: Not applicable. POLICIES /LEGISLATION: Does the Consent conform to the general intent of the Official Plan? The subject lands are presently designated "Rural Settlement Area" by Schedule "A" of the Official Plan. The Rural Settlement Area designation provides for limited residential growth by Plan of Subdivision on municipal water and private septic services, as proposed by this application. Warminster is a rural service centre and is serviced by a municipal water system that is capable of being expanded at the owner's expense. Permitted uses on lands designated Rural Settlement Area are "low density residential, small scale commercial uses that serve the needs of the settlement area and surrounding rural area, small scale industrial development in the form of repair garages, warehouses, workshops or manufacturing and /or processing fabrication plants, institutional uses such as schools, places of worship, community centres, libraries and similar uses In analyzing the proposed severance, Staff reviewed the County of Simcoe Official Plan, Provincial Policy Statement and Places to Grow legislation. Given the subject lands are located within an identified settlement area, as such, the proposed severance constitutes a permitted use in accordance with the Rural Settlement Area policies of the Official Plan and is consistent with the County of Simcoe and Provincial policies. Therefore, the proposed severed and retained lands would comply with the policies as found within the Official Plan. Does the Consent comply with the general intent of the Zoning By -law? Development Services Meeting Date January 21, 2010 Application No. 2010 -B -01 Page 2 of 7 Page 87 of 105 The proposed lands to be severed are zoned Agricultural/Rural Exception 15 (NRU*15) Zone, while the retained lands are zoned Residential One Hold(R1 *H) Zone and Open Space (OS) Zone. Due to the subject lands being located within Agricultural /Rural Exception 15 (A/RU *15) Zone, Council is considering By -law 2010 -006 at the January 13, 2010 Council meeting, which would rezone the lands to be severed to Residential One Exception (R1*) Zone. This would allow the severed lands to meet the Residential One (R1) Zone requirements of a minimum lot frontage of 30 metres (98.4 feet) and a minimum lot area of 0.2 hectares (0.49 acres). The Zoning By -law exception is required if and when a new residential dwelling is constructed on the severed lands, the minimum lot frontage shall be 29 metres (95 feet) abutting Street A of draft approved plan of subdivision File 2008 SUB -01. The existing driveway access onto Highway 12 shall be removed and the highway ROW be restored to Agenda Item 5h) 10:15 a.m. 2010 -B -01 Jean Bylow c/o Connie Andersen 9733... the satisfaction of the Ministry of Transportation. Until such time when the new dwelling is constructed, the existing access and frontage will remain on Highway 12, to the satisfaction of the Township of Oro Medonte and the Ministry of Transportation. If the Committee grants provisional approval to the proposed severance, Planning staff recommends that a condition be included to ensure that By -law 2010 -006 be passed and full force and effect. Therefore, the proposed severed and retained lands would continue to meet with all requirements of lot area and frontage in the Zoning By -law. CONSULTATIONS: Transportation and Environmental Services Building Department Engineering Department NVCA- No Objection Ministry of Transportation- ATTACHMENTS: 1. Location Map 2. Proposed Site Plan 3. By -law 2010 -006 CONCLUSION: In the opinion of the Planning Department, Consent application 2010 -B -01 being to create a lot by way of severance conforms to the Official Plan, and complies with the minimum lot area and frontage as required by the Zoning By -law. Respectfully submitted: --Ade Steven Farquharson, B.URPL Intermediate Planner Development Services Application No. 2010 -B -01 Reviewed by: Glenn White, MCIP, RPP Manager of Planning Services Meeting Date January 21, 2010 Page 3 of 7 Page 88 of 105 Agenda Item 5h) 10:15 a.m. 2010 -B -01 Jean Bylow c/o Connie Andersen 9733... (BylOW) Development Services Application No. 2010 -B -01 l n GEO A I V' DR O I I w 71 '111 Y SCHEDULE 1: LOCATION MAP 2010 -B -01 r WA tMINSTER_SIDEROA'D ..,..:4:::%4:+::•:•+::•:•+::•:, i4;;;;;.::.:4::•::+44:44::+44::. i♦♦�r`��ifi�i ♦i`i•.•;:4* Oi x `i`i�i`i�i`i�i`i`i ♦i`i�i`i�i`i` f`ii i k iii` ♦i ♦i`Oi`i�i ♦i ♦i�i�i�i i ♦i`� ♦i ♦i`i`i`; `i ♦i' :i`i`i i :i k �s ♦i ♦�ifi� ♦i ♦♦�iO� ;`i��i ♦i i ♦i ♦`•i •i♦ ;♦i♦i ♦ice i X \t.: 4:4:::.:4::::4* i`♦ O�i` i` Oi♦ i♦iii` �i` i` fOHO♦�i`i`•i :i♦i♦i`i�00i�i `i`• +i ♦f ♦�f�•�p♦��e•�•�•�•�•�f♦�i� :Olf�♦�•�♦�f�Op•�•�•�O♦�Op♦ :::i ►0000000•'OOOD: ♦i'00 0:'0 ♦i0 i i 1 i♦ i` i` i�♦♦ i` i` i`i`��i•�•i ♦�`i`i`�•i`�`i�` :s:- DRAFT PLAN APPROVED SUBDI LANDS TO BE SEVERED ION V 0 15 30 60 90 120 ismicsols Meters Meeting Date January 21, 2010 Page 4 of 7 Page 89 of 105 Agenda Item 5h) 10:15 a.m. 2010 -B -01 Jean Bylow c/o Connie Andersen 9733... s. i o _jam a I o S,s,s°e 3 N fi 1 O N N GO$ pttx' 1�.,,,, \6,0. r 7/".-- <4 0 1. 3 is tii/ Development Services Application No. 2010 -B -01 SCHEDULE 2: PROPOSED SITE PLAN 2010 -B -01 (Bylow) °.n 4' Sy s r74$ l 11 l i e1 N �]1 9 i 1j l EIGyy6yyFeepliiiipi i 9 i f, 6 :5 11111111T1T1 i 4y e 1 j N/? r C p pN ''re1 r r, A �i °OTC i s VIP II m DS TO BE SEVERED J D -1809 Ii �P s Meeting Date January 21, 2010 Page 5of7 Page 90 of 105 Agenda Item 5h) 10:15 a.m. 2010 -B -01 Jean Bylow c/o Connie Andersen 9733... Mayor, H.S. Hughes Clerk, J. Douglas Irwin SCHEDULE 3: BY -LAW 2010 -006 2010 -B -01 (Bylow) THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY- LAW NO. 2010-006 A By-law to amend the zoning provisions which apply to lands within Part of Lot 5, Concession 14, (Former Township of Medonte), now in the Township of Oro Medonte (Andersen 2008- ZBA -13) WHEREAS the Council of the Corporation of the Township of Oro Medonte is empowered to pass By -laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13; AND WHEREAS Council deems it appropriate to rezone the lands to permit the development of residential uses, in accordance with Section C3 of the Official Plan; NOW THEREFORE the Council of the Corporation of the Township of Oro Medonte hereby enacts as follows: 1. Schedule `A21' to Zoning By -law 97 -95, as amended, is hereby further amended by changing the zone symbol applying to the land located in Part of Lot 5, Concession 14, in the former geographic Township of Medonte, now in the Township of Oro Medonte, from Agricultural/Rural Exception 15 (A/RU *15) Zone to the Residential One Exception 195 (R1 *195) Zone as shown on Schedule 'A' attached hereto and forming part of this By -law. 2. Section 7 EXCEPTIONS is hereby amended by adding subsection 7.195 as follows: "7.195 *195- Part of Lot 5, Concession 14 (Medonte) If and when a new residential dwelling is constructed on the subject lands, the minimum lot frontage shall be 29 metres (95 feet) abutting Street A of Draft Plan of Subdivision File 2008- SUB -01. The existing driveway access onto Highway 12 shall be removed and the highway ROW be restored to the satisfaction of the Ministry of Transportation Until such time when the new dwelling is constructed, the existing access and frontage wit remain on Highway 12, to the satisfaction of the Township of Oro Medonte and the Ministry of Transportation 3. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of the Planning Act, as amended. BY -LAW READ A FIRST AND SECOND TIME THIS 13 DAY OF JANUARY, 2010. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS DAY OF JANUARY, 2010. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Development Services Meeting Date January 21, 2010 Application No. 2010 -B -01 Page 6 of 7 Page 91 of 105 This is Schedule 'A' to By -Law 2010 -006 passed the l31h day of January, 2010. Mayor Clerk Agenda Item 5h) 10:15 a.m. 2010 -B -01 Jean Bylow c/o Connie Andersen 9733... H.S. Hughes J. Douglas Irwin �l l G I AD l l Q i wi w —cu it WARM itISTER_SIDEROAD n? h xxr...,.... RY'1T� •.h•. >lxs<i2xx j. :ip uviw O •.O:•::�.ii i ii ❖:'i ii:0 i i i i ii• ii:❖ �1'lCCT. :•••:1'Ol• siTi S;I•1'i'i'�I 4 '•i'• •1'1.1`1 ❖i i •O ,OJ.iP •y: J. ❖•00 .00.0.1.•0 Development Services Application No. 2010 -B -01 Schedule 'A' to By -law No. 2010 -006 DRAFT PLAN APPROVED SU BD 1SION LANDS TO BE REZONED FROM AGRICULTURALJRURAL EXCEPTION 15 (ARU'15) ZONE TO RESIDENTIAL ONE EXCEPTION 135 (R3\ 1 \E. 0 15 30 60 90 120 Meters TOWNSHIP OF ORO- MEDONTE (FILE 2008- ZBA -13) Meeting Date January 21, 2010 Page 7 of 7 Page 92 of 105 Agenda Item 5h) 10:15 a.m. 2010 -B -01 Jean Bylow c/o Connie Andersen 9733... P ti PS G At O p 2 1� A ZU I r s t o gy -z y January 13, 2010 Steven Farquharson, Secretary- Treasurer Member Committee of Adjustment Municipalities Township of Oro- Medonte P.O. Box 100 Adjala- Tosorontio Oro, Ontario Amaranth LOL 2X0 Barrie The Blue Mountains Dear Mr. Farquharson; Bradford. -West Gwillimbury Re: Application for Consent 2010 -B -01 Clearview Part Lots 5, Concession 14 Collingwood Township of Oro Medonte (Formerly Township of Medonte) Essa Grey Highlands The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this application for consent and based upon our mandate and policies under the lnnisfil Conservation Authorities Act, we have no objection to its approval. Melancthon Mono Thank you for circulating this application for our review and please forward Mulmur a copy of any decision. New Tecumserh Sincerely, Oro Shelburne Springwater Tim Salkeld Wasaga Beach Resource Planner Watershed Counties Dufferin Grey Simcoe Member of CA" Conservation ONTARIO Na:ua Cha mpions Celebrating 50 Years in Conservation 1960 -2010 NOTTAWASAGA VALLEY CONSERVATION AUTHORITY Centre for Conservation John Hix Conservation Administration Centre Tiffin Conservation Area 8195 8th Line Utopia, On LOM 1T0 Telephone: 705.424.1479 Fax: 705.424.2115 Web: www.nvca.on.ca Email: admin @nvca.on.ca Page 97 of 105 Agenda Item 6a) 2004 -B -44 Elizabeth and David Woronka 628 Ridge Road East... T• ip °ff ed. Ff/ Fraud I[rriragc. E.viting Futurr.. Application No: 2004 -B -44 To: Committee of Adjustment Meeting Date: January 21, 2010 Roll 4346- 010 009 -0840 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: BACKGROUND: TOWNSHIP OF ORO- MEDONTE REPORT Subject: Consent Application (Elizabeth and David Woronka) East Part Lot 24, Concession 9, 628 Ridge Road East (County Road 20) Prepared By: Steven Farquharson, Intermediate Planner Motion R.M.S. File D10 -13938 1. It is recommended that the Committee include a condition on Consent Application 2004 -B -44 Elizabeth and David Woronka, 628 Ridge Road East, East Part of Lot 24, Concession 9, (Former Twp. of Oro) to the following: That the applicants prepare and submit for review by the municipality an easement for a mutual driveway from Ridge Road West (County Road 20) to access Part 1 and Part 2 of Plan 51R- 26601, which is to be registered on title for both the severed and retained lands." The Committee of Adjustment gave provisional approval to Consent application 2004 -B -44 on April 16, 2009 to permit a technical severance to re- create a lot that has subsequently merged in title. Due to the lands having road frontage on a County Road (Ridge Road), Count of Simcoe By -law 4206 provides that the creation of a new entrance is not permitted outside of settlement areas. County Staff, recommended that the application not be approved, based on the proposal would not conform to the requirements of the County of Simcoe's Entrance By -law 4206. The County Official Plan does not have policies that recognized technical severances. On January 27, 2009, County Council approved a request for an exception for a mutual residential entrance to County Road 20 for the lands subject to this application. The County of Simcoe approval for the mutual entrance is attached for information purposes (Schedule A). Due to the County granting a mutual driveway (Schedule B), the applicant is requesting approval from the Committee for an easement to be placed over the retained and severed lands. This approval is required as per Section 50(5) of the Planning Act, where an easement is to be in place for a period longer then twenty -one years. Development Services Meeting Date: January 21, 2010 Application No. 2004 -B-44 Page 1 of 6 Page 98 of 105 CONCLUSION: It is recommended that the Committee include a condition on Consent Application 2004 -B -44 Elizabeth and David Woronka, 628 Ridge Road East, East Part of Lot 24, Concession 9, (Former Twp. of Oro) to the following: `That the applicants prepare and submit for review by the municipality an easement for a mutual driveway from Ridge Road West (County Road 20) to access Part 1 and Part 2 of Plan 51R- 26601, which is to be registered in title on for both the severed and retained lands" Respectfully submitted, .7 StevenFarquh rson, B.URPL Intermediate Planner Agenda Item 6a) 2004 -B -44 Elizabeth and David Woronka 628 Ridge Road East... Reviewed by, Glenn White, MCIP RPP Manager of Planning Services Development Services Meeting Date: January 21, 2010 Application No. 2004 -B -44 Page 2 of 6 Page 99 of 105 Agenda Item 6a) 2004 -B -44 Elizabeth and David Woronka 628 Ridge Road East... COUNYYOP SIMC >*t SCHEDULE A: COUNTY OF SIMCOE ENTRANCE PERMIT Name: Elizabeth David Woronka Address: 628 Ridge Road, East RR 3, Oro Station, ON LOL 2E0 County of Slmcoa Main Line (705) 726 9300 Transportation and. Tot Free 1 866 893 9300 Engineering Fax (705) 728 =9B32 1110 Highway 26, Web: simcoe.ce Midhurst, Ontario LOL 1X0- TRANSPORTATION AND EN61NEEa1N6 P10 (3523) October 22" 2009 RE: ENTRANCE PERMIT 3523 SUPPLEMENTAL CONDITIONS Enclosed is your approved entrance permit. Please be advised the applicant is responsible for obtaining any approvals which may be necessary for the construction of this entrance, which may include: Utilities, the Department of Fisheries and Oceans, Ministry of Natural Resources, Local Conservation Authorities, etc. Please be advised that: Conditions: 1) The finished grade of the entrance is to be no higher than the existing shoulder so as not to run water on the County Road. 2) The ditch is to be cleaned at both ends of the culvert at the time of installation, to pennit an unobstructed flow. 3) Existing entrance to retained lands -be removed and restore to original. state. When installation of the entrance is completed, please contact the number below to arrange for an inspection appointment. District No.: 1 Garage Location: Midhurst Foreman: Craig. DeCarie Phone: (705)726- 932Sx1906 If you have any questions, please do not hesitate to contact the undersigned. C,. Christian Meile, P. Eng, Director, Transportation Maintenance Attachment Headwalls of any design are not permissible. Plantings or any structures are not allowed on County Roads. X;CCcrporate EeMreelRoade Englneer)ne1P protection enforcement Permit .10 Permits (2004)t2004 Entrance PermttstBLAN.K Entrance PennrtLetter- Yard 81:doc Development Services Meeting Date: January 21, 2010 Application No. 2004 -B -44 Page 3 of 6 Page 100 of 105 0 -a m o �.n 7 CD Z O N CD o 5 CU W Coun of S imcoe couxn'ar Trancportationand S r 1MC M(0. Engineering y 26, Midhurat, Ontario LOL 1Xx.O THIS PERMIT IS ISSUED TO Elizabeth David Woronka ADDRESS: 628 Ridge Road East, RR 3, Oro.Station, ON 101-2E0 FOR.AN ENTRANCE FROM LOT PLAN OR CONCESSION NO: NO: LOT 24 CON. 9 TO BE CONSTRUCTED ALTERED RELOCATE AN EXISTING ENTRANCE NEWLY CREATED. LOT Main Line (705) 726 9300 Toil Free 1 866 893 930Q Fax.(705)726 -9832 Web: simcoe.ca APPROVED LENGTH OF PIPE OR CULVERT 8 M 1 911 ADDRESS TOWNSHIP/TOWN Oro- Mledonte TQ ^NS P Oi ENGINEE "noN ND IN ACCORDANCE WITH BY LAW NO. 5544 COUNTY SIMCOE Same AS A MEANS OF ACCESS TO A (DETAILED DESCRIPTION OF TYPE OF ESTABLISHMENT): Residential (Mutual Access) AND SUCH ENTRANCE SHALL. NOT BE USED AS A MEANS OF ACCESS TO ANY TYPE OF ESTABLISHMENT OTHER THAN THAT DESCRIPED HEREIN: :PAVE EXISTING APPROVED SIZE OF PIPE OR CULVERT 450 MM ENTRANCE PERMIT NO. 3523 March 24, 2010 s CQ�iiDiTIONI 1) Ditch to be cleaned and ends of culvert to provide unrestricted flow. 2) Finish grade of entrance to be no higher than .existing shoulder so as riot to run water onto County Road. 3). F,xisdng enhance to- Retained.L•ands removed and restore to original state. F r SIGNED DATED AT MIDHURST THIS 22 DAY OF OCTOBER 2009 THIS PERMIT IS ISSUED UNDER THE AUTHORITY VESTED IN THE COUNTY ENGINEER BY COUNTY OF SIMCOE BY -LAW. No. 5544 AND REGULATIONS PURSUANT HERETO AND IS SUBJECT TO THE CONDITIONS ATTACHED HERETO. ON TO COUNTY ROAD NO. COUNTY ROAD 20 APPROVED MATERIAL Corrugated Steel Pipe/ A Gravel EXPIRY DATE: a ENTRANCE PERMIT NO. 3523 This permit is subject to the following conditions and to any supplementary conditions established by the County of Simcoe at the time of issue. Supplementary conditions applying; to this Permit have{ Have not been established by the County. I. This Entrance Permt'is subject to all Municipal Bylaws 9. The use or purpose an entrance inlet not be changed in a m that changes the classification of the: entrain*. Improper use r 2. Work on the construction or alteration ofan entrance must not be started entrance may result in cancellation of the Permit therefore. If before an EntrancePennit for the work has been issued by the Ceanty, Owner ofa property desires to change the classification of an entrance, an application to do so must be submitted tothe Cot 3. for approval. Construction oflnfrastructure and structures related to the use f which a permit is granted must be started within six months of the date of issue of this permit, or the permit shall be void and shall be cancelled by the County- 4. All works related to or. forming: a part of an entrance shall be carried outin accordance with the approved plans and specifications and subject to the approval of the County. The Owner of the property shalt bear all expense related thereto. 5. Trees, shrubs etc. on the Right of Way of a County Road must notbe -cut or thinned without the written permission of The County :and 'such cutting or trimming may only be done under the direct supervision of the County or its dulyauthorized agent; where it is to cut or irinrtrees on property adjacent to a County road, the Applicant mast make the necessary arrangements with the property Owners and must bear all expenses in connection therewith, including any damages occasioned as a result of such cutting or trimming. 6. Each enhance must be designed, constructed and maintained in a manner that prevents surface water from the entranceway and/or the adjoining property from being discharged via the entrance on the County road. 7. The Applicant is responsible for the construction, marking and maintenance of the detours requited and for safety measures. for the protection of the public during the construction of any works in respect to an entrance. 8. The design and specifications of an enhance must not be changed without the approval of the County. If theOwner ofa property desires to change the design of an entranceor add curbs, gutters, etc., an application to do so must be submitted to the County for approval. j0.. The Owner ofa'property served by entrance .shall .maintain entrance to bis property in accordance with the requirements County. 11:.: If there is<anexpky date named otitis Perniit and a furtherte desired, =application for the renewal Of Permit shall be n to the County before the expirydate named in this Permit, A further term may be approved or refused' by the. County. 12. If this permit expires and is not renewed for any reason all wt constricted, maintained or operated under this Permit shall, if County so directs be removed without expense to the County the Conntyroad shall be left in as good of condition as it was the said works were installed or constructed. 13. This p e r m i t must not be assigned ortransferred from one Owr another: Each new Permit is subject to the conditions applyin time of issue: 14, An efltrancepemtit.maybe cancelled at any tbrbreach o regulations or conditions of the Permit or for such reason§ as 1 County in its discretion deems proper. 15, If during thelife:of this Permit any By -Laws of regulations ad which affect the rights and privileges herein. granted, the said Laws or regulations shall be applicable to this Permit the on which they come into force Agenda -44 Elizabeth and David WoCOnka 62$ Ridge E s a. A9 Item 6a) 2004 B i SCHEDULE B.PROPOSED MUTUAL DRIVEWAY Development Sark—Aces e pppiication No Meeting pate' January Page 6 of 6 Page 103 of 105 Agenda Item 6b) 2008 -B -22 lan Johnstone 274 Line 11 South, Part of Lot 22... Proud Heritage, arching Mawr Application No: 2008 -B -22 Meeting Date: January 21, 2010 Roll 4346- 010 007 -07000 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 1. It is recommended that the Committee amend Condition 3 on Application 2008 -B -22 lan Johnstone, 274 Line 9 South, Part of Lot 22, Concession 10, (Former Twp. of Oro) to state the following: "That the existing lot at the north west corner be merged in title with 265 Line 9 South, Concession 10 West Part of Lot 22, (Former Twp. Of Oro) and that the provisions of Subsection 3 or 5 of the Planning Act apply to any subsequent conveyance or transaction involving the subject lands including the undertaking from the applicants solicitor to this effect" BACKGROUND: The Committee of Adjustment gave provisional approval to Consent application 2008 -B -22 on January 29, 2009 to permit a boundary adjustment to facilitate a proposed lot transposition. The applicant's intent is to move or transpose an existing lot which was recently severed at the northwest corner of the farm and establish this lot at the southwest corner of the lands. No new building lots were created as a result of the lot addition. As part of the provisional approval the Committee of Adjustment granted, an approved condition that stated the existing lot at the northwest corner be merged on title with 274 Line 9 South. However, 274 Line 9 South is located on the west side of Line 9 South and would not allow for them to merged as intended in the Committee decision. The correct address in which the existing lot is to be merged with is 265 Line 9 South. CONCLUSION: It is recommended that the Committee amend condition 3 on Application 2008 -B -22 Ian Johnstone, 274 Line 9 South, Part of Lot 22, Concession 10, (Former Twp. of Oro) to the following: "That the existing lot at the north west corner be merged in title with 265 Line 9 South, Concession 10 West Part of Lot 22, (Former Twp. Of Oro) and that the provisions of Subsection 3 or 5 of the Planning Act apply to any subsequent conveyance or transaction involving the subject lands including the undertaking from the applicants solicitor to this effect' Respectfully submitted, Steven Fat Kars B.URPL Intermediate Planner TOWNSHIP OF ORO- MEDONTE REPORT To: Committee of Adjustment Subject: Consent Application (Ian Johnstone) 274 Line 9 South, Concession 10, West Part of Lot 22 (Oro) Reviewed by, Prepared By: Steven Farquharson, B.URPL Intermediate Planner Motion R.M.S. File D10- 037951 Glenn White, MCIP, RPP Manager of Planning Services Page 104 of 105 Agenda Item 6c) Ontario Municipal Board Appointment of Hearing, dated Decemb... Ontario Municipal Board 655 Bay St Suite 1500 Toronto, ON M5G 1 E5 Tel (416) 326 -6800 Toll Free: 1-866-B87-8820 Fax (416) 326 -5370 www.omb.aov.on_ca Commission des affaires municipales de ('Ontario 655 rue Bay Bureau 1500 Toronto, ON M5G 1E5 Tel (416) 326 -6800 Sans Frais: 1-866-887-8820 Telec (416) 326 -5370 www.omb.00v.on.ca IN THE MATTER OF subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: Applicant: Subject: Property Address /Description: Municipality: OMB Case No.: OMB File No.: Municipal No. County of Simcoe Barry, Susan Alice Cockburn Consent 389 Horseshoe Valley Road East Township of Oro Medonte PL091045 PL091045 2009 -B -35 APPOINTMENT FOR HEARING The Ontario Municipal Board hereby appoints: at: 10:30 AM on: Tuesday February 23, 2010 4.01 at: Council Chambers 148 Oro Medonte Line 7 South, Oro Oro Medonte, ON LOL 2X0 for the commencement of the hearing of this appeal. The Board has set aside 1 day for this hearing. DATED at Toronto, this 21ST day of December, 2009. IMO MN IN= MN Ontario DEC Viv 2 2 2049 OHO -MEL ONT!E TO�\A /N uHIH All parties and participants should attend at the start of the hearing at the time and date indicated, irrespective of the number of days scheduled. Hearing dates are firm adjournments will not be granted except in the most serious circumstances, and only in accordance with the Board's Rules on Adjournments. If you do not attend and are not represented at this hearing, the Board may proceed in your absence and you will not be entitled to any further notice of the proceedings. In the event the decision is reserved, persons taking part in the hearing and wishing a copy of the decision may request a copy from the presiding Board member or, in writing, from the Board. Such decision will be mailed to you when available. Pour recevoir des services en frangais, veuillez communiquer avec le Division des audiences au (416) 326 -6800, au moins 20 jours civils avant la date fixee pour l'audience. PATRICK HENNESSY SECRETARY Page 105 of 105