01 21 2010 C of A MinutesAgenda Item # 12b) - Minutes of Committee of Adjustment meeting held on January 2...
TGC~ T0WNSHF
JAN 2 7 261IU
VIEETING: COUNCIL I~1
0. OF W.
i'
Townskep of
Prond Heritage, Excitint, Future
Thursday, January 21, 2010
THE TOWNSHIP OF ORO-MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING MINUTES
Council Chambers
9:37 a.m.
Present: Michelle Lynch, Chair
Lynda Aiken, Bruce Chappell, Garry Potter
Staff Present: Steven Farquharson, Intermediate
Planner/Secretary Treasurer, Meghan Keelan,
Planner, Marie Brissette, Committee
Coordinator/Deputy Secretary Treasurer
1. OPENING OF THE MEETING BY THE CHAIR
Michelle Lynch assumed the Chair and called the meeting to order.
2. ADOPTION OF AGENDA
a) Motion to adopt agenda.
Motion No. CA100121-01
Moved by Chappell, Seconded by Aiken
It is recommended that the agenda for the Committee of Adjustment meeting
of January 21, 2010 be received and adopted as amended to add under 6.
New Business:
d) Appointment of 2010 Chair.
e) Appointment of 2010 Co-Chair.
Carried.
3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL
NATURE THEREOF - IN ACCORDANCE WITH THE ACT"
None declared.
Page 13 of 46
Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on January 2...
Committee of Adjustment Minutes - Thursday, January 21, 2010
4. ADOPTION OF MINUTES
a) Minutes of the November 19, 2009 meeting.
Motion No. CA100121-02
Moved by Aiken, Seconded by Chappell
It is recommended that the minutes of the Committee of Adjustment meeting
held on November 19, 2009 be adopted as printed and circulated with the
amendment under 7. Next Meeting Date, the time noted as 9:00 a.m. to be
amended to 9:30 a.m.
Carried.
Page 14 of 46
Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on January 2...
Committee of Adjustment Minutes - Thursday, January 21, 2010
5. PUBLIC MEETINGS:
a) 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).
Christopher Taylor, Applicant, was present.
Correspondence dated January 19, 2010 and January 20, 2010 from
Domenic and Lauren Natale was distributed to the Committee.
Motion No. CA100121-03
Moved by Potter, Seconded by Chappell
It is recommended that the Committee of Adjustment approves application
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), being
to for the construction of 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, subject to the following conditions:
1. That the setbacks be in conformity with the dimensions as set out on the
application and sketches submitted and approved by the Committee.
2. That the appropriate zoning certificate and building permit be obtained
from the Township only after the Committee's decision becomes final
and binding, as provided for within the Planning Act R.S.O. 1990, c.P.
13.
3. That the applicant obtain any permits and/or approvals 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 accessory structure be
located no closer than 2.9 metres from the front lot line.
Carried.
Page 15 of 46
Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on January 2...
Committee of Adjustment Minutes - Thursday, January 21, 2010
b) 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).
Terry Coram, Applicant, was present.
Motion No. CA100121.04
Moved by Potter, Seconded by Aiken
It is recommended that the Committee of Adjustment approves application
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), being to for
the construction of a detached accessory building (2 car garage), to have an
area of 125 square metres, subject to the following conditions:
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.
Carried.
Page 16 of 46
Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on January 2...
Committee of Adjustment Minutes - Thursday, January 21, 2010
c) 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).
No one was present on behalf of the application.
Motion No. CA100121-05
Moved by Chappell, Seconded by Potter
It is recommended that the Committee of Adjustment defers application 2009-
A-29 until the applicant provides to the Committee of Adjustment:
1. A copy of a suitable agreement with the owners of the property.
2. The appropriate building drawings to be designed and engineered.
Carried.
Page 17 of 46
Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on January 2...
Committee of Adjustment Minutes - Thursday, January 21, 2010
d) 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.
Martin Carl, Applicant, was present.
Motion No. CA100121-06
Moved by Aiken, Seconded by Chappell
It is recommended that the Committee of Adjustment approves application
2010-A-01 - Martin and Eileen Carl, 7 Melissa Crescent, Plan M71, Lot 7
(Former Township of Oro), being to 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 for
an addition onto an existing 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 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 byway 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.
Carried.
Page 18 of 46
Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on January 2...
Committee of Adjustment Minutes - Thursday, January 21, 2010
e) 2010-A-02 - Nancy Rouse
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.
No one was present on behalf of the application.
Motion No. CA100121-07
Moved by Chappell, Seconded by Aiken
It is recommended that the Committee of Adjustment defers Variance
Application 2010-A-02, being an application to reduce the front yard setback
from 7.5m to 5.5.m for an addition onto an existing dwelling, until the proper
Notice of Hearing requirements under the Planning Act are fulfilled.
Carried.
Page 19 of 46
Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on January 2...
Committee of Adjustment Minutes - Thursday, January 21, 2010
f) 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.
Doug Hill, Solicitor for the Applicant, was present.
Andy Tereshyn provided clarification in regards to the two existing dwellings
on one property.
Motion No. CA100121-08
Moved by Potter, Seconded by Aiken
It is recommended that the Committee of Adjustment grants provisional
approval to application 2009-B-37 - Howard and Barbara Rogers, 8 Simcoe
Avenue, Lots 71-75, Plan 709 (Former Township of Oro), being to permit a
boundary adjustment. The boundary adjustment will cause Lot 73 to be added
to the existing lands (Lot 74 & 75) to the north resulting in a lot having
approximately a frontage of approximately 45 metres on Simcoe Ave and a lot
area of approximately 1,769sq.m (0.17ha). The proposed retained lot (Lot 71
& 72) would contain approximately 30.48 metres of frontage on Simcoe Ave
and a lot area of approximately 1,179.8sq.m (0.11 ha), subject to the following
conditions:
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.
Carried.
Page 20 of 46
Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on January 2...
Committee of Adjustment Minutes - Thursday, January 21, 2010
g) 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.
Federico, Silva and Marko Rossi, Applicants, were present.
Motion No. CA100121-09
Moved by Potter, Seconded by Aiken
It is recommended that the Committee of Adjustment grants provisional
approval to application 2008-B-49 - Federico Rossi and Silva Rossi, 5395
Line 8 North, Part of Lot 14, Concession 9 (Former Township of Medonte),
being 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 approximately 76.2 metres,
frontage along Line 8 North of approximately 54.8 metres, and a lot area of
approximately 0.41 hectares. The land to be retained is proposed to have a lot
area of approximately 36.6 hectares, subject to the following conditions:
1. That three copies of a Reference Plan of the subject lands prepared by
an Ontario Land Surveyor be submitted to the Committee Secretary-
Treasurer.
2. That the applicant's solicitor prepare and submit a copy of the proposed
conveyance for the parcel severed, for review by the Municipality.
3. That the applicant pay $2,000.00 for 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.
5. That all municipal taxes be paid to the Township of Oro-Medonte.
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.
Carried.
Page 21 of 46
Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on January 2...
Committee of Adjustment Minutes - Thursday, January 21, 2010
h) 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.
Joshua Morgan, Agent for the Applicants, was present.
Motion No. CA100121-10
Moved by Aiken, Seconded by Potter
It is recommended that the Committee of Adjustment grants provisional
approval to application 2010-13-01 - Jean Bylow c/o Connie Andersen, 9733
Highway 12, Part Lot 5, Concession 14, (Former Township of Medonte), being
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, subject to the following conditions:
1. That three copies of a Reference Plan of the subject lands prepared by
an Ontario Land Surveyor be submitted to the Committee Secretary-
Treasurer.
2. That the applicant's solicitor prepare and submit a copy of the proposed
conveyance for the parcel severed, for review by the Municipality.
3. That the applicant pay $2,000.00 for the lot created as cash-in-lieu of a
parkland contribution.
4. That all municipal taxes be paid to the Township of Oro-Medonte.
5. That 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.
Carried.
Page 22 of 46
Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on January 2...
Committee of Adjustment Minutes - Thursday, January 21, 2010
6. NEW BUSINESS:
a) 2004-B-44 - Elizabeth and David Woronka
628 Ridge Road East, Lot 24, Concession 9 (Former Township Of Oro)
Kathryn Whitehead, Agent for the Applicants, was present.
Motion No. CA100121-11
Moved by Chappell, Seconded by Aiken
It is recommended that the Committee of Adjustment adds the
following condition:
1. That the applicants to 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 51 R-26601, which is to be
registered in title on for both the severed and retained lands.
Carried.
b) 2008-B-22 - Ian Johnstone
274 Line 11 South, Part of Lot 22, Concession 10 (Former Township of Oro)
Motion No. CA100121-12
Moved by Potter, Seconded by Chappell
It is recommended that the Committee of Adjustment revises condition 3 to
state:
1. 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.
Carried.
c) Ontario Municipal Board Appointment of Hearing, dated December 21, 2009,
re: 2009-13-35 (Barry, Susan and Alice Cockburn).
The Secretary Treasurer advised the Committee that the Township had
l received further correspondence advising that the Appeal had been deferred.
Motion No. CA100121-13
Moved by Potter, Seconded by Chappell
It is recommended that the correspondence dated December 21, 2009,
Ontario Municipal Board Appointment of Hearing, re: 2009-B-35 (Barry, Susan
and Alice Cockburn) be received.
Carried.
Page 23 of 46
Agenda Item # 12b) - Minutes of Committee of Adjustment meeting held on January 2...
Committee of Adjustment Minutes - Thursday, January 21, 2010
d) Appointment of 2010 Chair.
Motion No. CA100121-14
Moved by Potter, Seconded by Aiken
It is recommended that Bruce Chappell be appointed as Chair of the
Committee of Adjustment for the remaining meetings within the Committee's
Appointed Term in 2010.
Carried.
e) Appointment of 2010 Co-Chair.
Motion No. CA100121-15
Moved by Potter, Seconded by Aiken
It is recommended that Michelle Lynch be appointed as Co-Chair of the
Committee of Adjustment for the remaining meetings within the Committee's
Appointed Term in 2010.
Carried.
7. NEXT MEETING DATE
Thursday, March 18, 2010 at 9:30 a.m.
8. ADJOURNMENT
a) Motion to adjourn.
Motion No. CA100121-16
Moved by Chappell, Seconded by Aiken
It is recommended that we do now adjourn at 12:27 p.m.
Carried.
Steven rquhar , Secreta reasurer Michelle Lync hair
Page 24 of 46