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11 19 2009 C of A MinutesAgenda Item 12b) Minutes of Committee of Adjustment meeting held on November S!t.- t...'y +l L 4 i tJ4V i ill NOV 2 5 2099 I E l[' \JG: COUNCIL Li C, OF W.11 I Township f Proud Heritage, Exciting Future Thursday, November 19, 2009 9:00 a.m. Present: Staff Present: 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 THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers 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 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 51 of 97 Agenda Item 12b) Minutes of Committee of Adjustment meeting held on November 5. PUBLIC MEETINGS: 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 52 of 97 Agenda Item 12b) Minutes of Committee of Adjustment meeting held on November 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 53 of 97 Agenda Item 12b) Minutes of Committee of Adjustment meeting held on November 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 4 of 7 Page 54 of 97 Agenda Item 12b) Minutes of Committee of Adjustment meeting held on November 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 55 of 97 Agenda Item 12b) Minutes of Committee of Adjustment meeting held on November 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 56 of 97 Agenda Item 12b) Minutes of Committee of Adjustment meeting held on November 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. 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. Carried. 7. NEXT MEETING DATE Thursday, January 21, 2010 at 9:30a.m. 8. ADJOURNMENT 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 Carried. Carried. Steve uharson, ecretary Treasurer Page 7of7 Page 57 of 97