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04 15 2010 C of A AgendaPage 3 -10 54 -68 69 -82 83 -98 Proud Heritage, Exciting Future 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" 4. ADOPTION OF MINUTES a) Motion to Adopt Minutes. 5. PUBLIC MEETINGS: 11 -17 a) 2010 -B -03, Stuart and Shirley Woodrow, Part of Lot 20, Concession 7, (Former Township of Oro), Boundary adjustment. 18 -53 b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part Lot 15, 298 Shanty Bay Road, Relief from the minimum lot area and lot frontage for the boundary adjustment/lot addition of a residential lot. c) 2010 -B -05, Donald Robinson, 91 15/16 Sideroad West, Concession 7, Lot 16 (Former Township of Oro), Technical severance to create a lot which once existed as a separate parcel of land. d) 2010 -A -04, Joseph Balkovec, 25 Stanley Avenue, Plan 626, Lot 13 (Former Township of Oro), Relief from interior side yard setback. e) 2010 -A -07, Sheila Sinclair King, 1603 15/16 Sideroad East, West Lot 16, Concession 12 (Former Township of Oro), Construct an addition onto the existing single detached dwelling. 99 -115 f) 2010 -A -09, Andrew and Claudia Geen, 3 Nelson Street, Plan 629, Lot 2 (Former Township of Oro), Relief from interior side yard setback for a boathouse. 6. NEW BUSINESS: TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING AGENDA COUNCIL CHAMBERS Thursday, April 15, 2010 9:30 a.m. Page 1 of 115 Page Committee of Adjustment Agenda Thursday, April 15, 2010 6. NEW BUSINESS: 7. NEXT MEETING DATE Thursday, May 20, 2010 at 9:30 a.m. 8. ADJOURNMENT a) Motion to Adjourn. Page 2 of 115 Township of nJ Heritage, Exciting Fnture Present: Bruce Chappell, Chair Lynda Aiken Michelle Lynch Regrets: Roy Hastings Garry Potter 4a) Motion to Adopt Minutes. THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Thursday, March 18, 2010 9:30 a.m. Staff present: Steven Farquharson, Secretary Treasurer /Intermediate Planner Marie Brissette, Deputy Secretary Treasurer /Committee Coordinator 1. OPENING OF THE MEETING BY THE CHAIR Bruce Chappell assumed the Chair and called the meeting to order. 2. ADOPTION OF AGENDA a) Motion to adopt the agenda. Motion No. CA100318 01 Moved by Lynch, Seconded by Aiken It is recommended the agenda for the Committee of Adjustment meeting of Thursday, March 18, 2010 be received and adopted. 3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF IN ACCORDANCE WITH THE ACT" None declared. Carried 4. ADOPTION OF MINUTES a) Minutes of Committee of Adjustment meeting held on Thursday, January 21, 2010. Motion No. CA100318 02 Moved by Aiken, Seconded by Lynch It is recommended that the minutes of the Committee of Adjustment meeting held on Thursday, January 21, 2010 be adopted as printed and circulated. Carried. Page 1 of 8 Page 3 of 115 Committee of Adjustment Minutes Thursday, March 18, 2010 5. PUBLIC MEETINGS: Martin Kimble, agent, was present on behalf of the applicant. Motion No.CA100318 -03 Moved by Aiken, Seconded by Lynch 4a) Motion to Adopt Minutes. a) 2009 -A -29, Horseshoe Resort Skyline /Smout; 3101 Line 3 North, Pt Lots 1 2, Concession 3 4 (Formerly Township of Oro); Variance from permitted use to erect a building for storage purposes. It is recommended that the Committee of Adjustment approves Variance Application 2009 -A -29, being to permit a business which operates a training school for recreational vehicles, (i.e. snowmobiles, ATVs and other off -road vehicles), 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. Carried. Page 2 of 8 Page 4 of 115 Committee of Adjustment Minutes Thursday, March 18, 2010 Andrew McIntyre, agent, was present on behalf of the applicant. Motion No.CA100318 04 Moved by Lynch, Seconded by Aiken 4a) Motion to Adopt Minutes. b) 2010 -A -02, Nancy Rouse; 1109 Woodland Drive, Plan 993, Lot 22 (Former Township of Oriliia); Variance from minimum front yard setback construct an addition to the existing dwelling. It is recommended that the Committee of Adjustment approves Variance Application 2010 -A -02, being to permit the construct an addition to the existing dwelling with an area of approximately 88 sq. m. (947 sq. ft), onto the front of an existing dwelling with a front yard setback of approximately 5.5 metres, subject to the following conditions: 1. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 2. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 3. That the applicant obtains any permits and /or approvals, if required, from Lake Simcoe Region Conservation Authority. 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 addition be located no closer than approximately 5.5 metres from the front lot line. Carried. Page 3 of 8 Page 5 of 115 Committee of Adjustment Minutes Thursday, March 18, 2010 c) 2010 -A -04, Joseph Balkovec; 25 Stanley Avenue, Plan 626, Lot 13 (Former Township of Oro); Variance from minimum interior side yard setback to demolish the existing dwelling and construct a new dwelling. No one was present on behalf of the application. Motion No. CA100318 -05 Moved by Lynch, Seconded by Aiken 4a) Motion to Adopt Minutes. It is recommended that the Committee of Adjustment defers Variance Application 2010 -A -04 until 1) the Applicant provides a more comprehensive drawing showing how the location of the proposed dwelling and septic system can be accommodated within the proposed setbacks; and 2) the Applicant clarify future intentions regarding the existing garage, in order for the Planning Department to fully evaluate the proposed setbacks. Carried Page 4 of 8 Page 6of115 Committee of Adjustment Minutes Thursday, March 18, 2010 d) 2010 -A -05, Dave Best and Violet Watkins; 741 Line 13 North, Concession 14, Part of Lots 13, Plan 51 R -20687 (Former Township of Oro); Variance from setback from the interior side lot line to construct agricultural building. Dave Best and Violet Watkins, applicants, were present. Lyle and Lynda Dorie questioned if the proposed structure could be moved further into the property in order to meet the setbacks. Motion No. CA100318 06 Moved by Aiken, Seconded by Lynch 4a) Motion to Adopt Minutes. It is recommended that the Committee of Adjustment approves Variance Application 2010 -A -05, being to permit the construction on an agricultural building with an area of approximately 173 square metres, with an interior side yard setback of approximately 5.2 metres, subject to the following conditions: 1. That notwithstanding the interior side yard setback being reduced to 5.2 metres that the structure shall otherwise comply with all other provisions for agricultural buildings, as required under Table B4(c) of the Zoning By -law. 2. 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. 3. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying in writing that the interior side yard setback of the structure is no closer than approximately 5.2 metres. 4. That the applicant obtain any permits and /or approvals, if required, from Lake Simcoe Region Conservation Authority. 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 5 of 8 Page 7 of 115 Committee of Adjustment Minutes Thursday, March 18, 2010 e) 2010 -A -06, Catherine Wright c/o Andrew Wright; 12 Cook Lane, Plan 794, Lot 6 (Former Township of Oro); Variance for height of a boathouse. Peter Wassenaar, agent, was present on behalf of the applicant. Motion No. CA100318 07 Moved by Aiken, Seconded by Lynch 4a) Motion to Adopt Minutes. It is recommended that the Committee of Adjustment approves Variance Application 2010 -A -06, being to permit the construction of a boathouse with a maximum height of 5.2 metres from the average high water mark of Bass Lake, 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 so that the boathouse not exceed a maximum height of 5.2 metres from the Average High Water Mark of Bass Lake. 3. Notwithstanding Section 5.6 (g), that the proposed boathouse meets all other provisions of Section 5.6 of Zoning By -law 97 -95. 4. 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 6 of 8 Page 8 of 115 Committee of Adjustment Minutes Thursday, March 18, 2010 Elizabeth Woronka, applicant, was present. Motion No. CA100318 08 Moved by Lynch, Seconded by Aiken 4a) Motion to Adopt Minutes. f) 2010 -B -02, Elizabeth and David Woronka; East Part of Lot 24, Concession 9, 51 R- 26601, being Parts 1 and 2, 628 Ridge Road East; Application for a lot addition /boundary adjustment. It is recommended that the Committee of Adjustment gives provisional approval for Consent Application 2010 -B -02, being to permit a lot addition /boundary adjustment conveying approximately 10.6 metres on Ridge Road East, a depth of approximately 162 metres and an area of approximately 0.16 hectares, subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer. 2. That the severed lands be merged in title with 628 Ridge Road East and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands. 3. That the applicants to prepare and submit for review by the municipality a Reference Plan showing an easement for a mutual driveway from Ridge Road West (County Road 20), which is to be registered in title on for both the enhanced and retained lands. 4. That the applicants' solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. 5. That the applicants' solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title. 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. 7. That the applicant obtains an entrance permit for both the retained and enhanced lands from the County of Simcoe. Carried. Page 7 of 8 Page 9of115 4a) Motion to Adopt Minutes. Committee of Adjustment Minutes Thursday, March 18, 2010 6. NEW BUSINESS: a) Correspondence dated February 18, 2010, Ontario Municipal Board, re: Appeal Withdrawn for 2009 -B -35, 389 Horseshoe Valley Road East, Barry and Alice Cockburn. Motion No. CA100318 09 Moved by Aiken, Seconded by Lynch It is recommended that correspondence dated February 18, 2010, Ontario Municipal Board, re: Appeal Withdrawn for 2009 -B -35, 389 Horseshoe Valley Road East, Barry and Alice Cockburn be received. 7. NEXT MEETING DATE Thursday, April 15, 2010, 9:30 a.m. 8. ADJOURNMENT a) Motion to adjourn. Motion No. CA100318 10 Moved by Aiken, Seconded by Lynch It is recommended that we do now adjourn at 11:10 a.m. Carried. Carried. Bruce Chappell, Chair Steven Farquharson, Secretary Treasurer Page 8 of 8 Page 10 of 115 'Wad Heritage, F_ceinng F..rre Application No: 2010 -B -03 REQUIRED CONDITIONS: BACKGROUND: ANALYSIS: TOWNSHIP OF ORO- MEDONTE REPORT To: Committee of Adjustment 5a) 2010 -B -03, Stuart and Shirley Woodrow, Part of Lot 20,... Meeting Date: Subject: Variance Application April 15, 2010 Stuart and Shirley Woodrow Part of Lot 20, Concession 7 Roll R.M.S. File 4346- 003 -31200 D10 -40371 The following conditions are required to be imposed on the Committee's decision: Prepared By: Steven Farquharson, B.URPL Intermediate Planner Motion 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 2. That the 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's solicitor provides an undertaking that the severed lands and the lands to be enhanced will merge in title. 4. 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 application 2010 -B -03 is to permit a boundary adjustment. The subject land being a strip of land having a frontage of 6.10 metres (20 feet) on Line 7 North, a depth of 123 metres (403 feet) and an area of 0.08 hectares (0.20 acres). The subject land is proposed to be added to the lands to the north being 96 Line 7 North (also owned by the applicant). No new building lots are proposed to be created as a result of the lot addition. The purpose of Application 2010 -B -03 is to permit a boundary adjustment. The applicant is proposing to add approximately 0.08 hectares (0.2 acres) from the subject property to the neighbouring residential lot to the north, also owned by the applicant. The proposed retained lot, being Lot 20, Concession 7, would consist of approximately 10 hectares, and contains no buildings. No new buildings are proposed to be constructed on the lot addition lands. Development Services Meeting Date AprIl 15, 2010 Application No. 2010 -8 -03 Page 1 of 4 Page 11 of 115 FINANCIAL: Not applicable. POLICIES /LEGISLATION: Official Plan The property is designated Oro Centre Office /Industrial in the Official Plan. Subsection D2.2.2 of the Official Plan 'Boundary Adjustments' contains the policies to be considered by the Committee for an application for a boundary adjustment. These policies state that consent may be permitted for the purpose of modifying lot boundaries, provided no new building lots are created. It states further that the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected as intended by Plan. It is understood that the intent of the boundary adjustment is to add lands to the existing residential lot to the north which are currently wooded and it is the desire of the current landowner to protect this wooded area. The boundary adjustment application meets the requirements of the Official Plan. Zonina By -law The subject property is zoned AgriculturaURural Exception (A/RU*32) and the lot to be enhanced is zoned Rural Residential Two (RUR2) by Zoning By -law 97 -95. Within the Township there are a number of properties which contain split zonings. The lands subject to this boundary adjustment application are intended to be maintained in their wooded state and a changing in zoning of the lands is not proposed. Should the lands be proposed for residential structures, a rezoning would be required. The lot to be enhanced as well as the retained lands, would both conform to the minimum lot area and frontage provisions of the zoning by -law. In addition, the existing dwelling on the enhanced lands would also comply with the minimum setback requirements for a structure in the RUR2 Zone. CONSULTATIONS: Transportation and Environmental Services Building Department Engineering Department ATTACHMENTS: 1. Location Map 5a) 2010 -B -03, Stuart and Shirley Woodrow, Part of Lot 20,... Development Services Meeting Date April 15, 2010 Application No. 2010 -B -03 Page 2 of 4 Page 12 of 115 CONCLUSION: In the opinion of the Planning Department, Consent Application 2010 -B -03, being to grant a boundary adjustment would appear to conform to the policies of the Official Plan, and comply with the provisions of the Zoning By -law. Respectfully subrr� Reviewed by: 5a) 2010 -B -03, Stuart and Shirley Woodrow, Part of Lot 20,... Steven uharson, B.URPL Glenn White, MCIP, RPP Intermediate Planner Manager, Planning Services Development Services Meeting Date April 15, 2010 Application No. 2010 -8-03 Page 3 of 4 Page 13 of 115 Development Services AV AA I RETAINED LANDS SCHEDULE 1: LOCATION MAP 2010 -B -03 (Woodrow) 96 LINE NORTH ENHANCED LOT 5a) 2010 -B -03, Stuart and Shirley Woodrow, Part of Lot 20,... HIGHWAY 11 L r Li 11 o 150 200 Meters Meeting Date April 15, 2010 Application No. 2010 -B -03 Page 4 of 4 Page 14 of 115 L 5a) 2010 -B -03, Stuart and Shirley Woodrow, Part of Lot 20.... L4 OXi 6 7 d %f=lf?rd Page 15 of 115 5a) 2010 -B -03, Stuart and Shirley Woodrow, Part of Lot 20,... Page 16 of 115 4. 1/2 LOT 20 :ONCESSION 7 PIN 58546 0045 A NSB Sz 00 •E t4.04 LOT 10 REGISTERED TIN 58546 01 LOT 9 REGISTERED PLAN N sreE PART 1 ASEA SM SO M 443.1V30 123.00 PIN 51346 0039 (LT) 20 CONCESSION RETAINED ARPA -997 ISa 1 PLAN 1145 4 4-- 1 E:2 002 2/5 8 6 1145 •MMO 1 0 1 10 LOT 1 R.P.I145 11 1130 I REQUIRE TFILA PLAN TO DE UNDER THE LAND ITTLES ACT. DATE DATE P. L MANSFDILD, OLS PLAN 51R REM VIM AND LAND REGISTRAR FOR THE LAND TITLES INVISION OF sn.icoE. Na SCHEDULE PART LUT 1 CONCESSION PIN 1 I I PANT Of I 15 PLAN OF SURVEY OP PART OF LOT 20 CONCESSION 7 GEOGRAPHIC v.,. OF ORO TOWNSHIP OF ORO-MEDONTE COUNTY OF SIMCOE 9640 318 4.11 112 254 xi.' menus NOTES BEARINGS SHOUT.; ON TIES PLAN ARE ASTRONOMIC AND ARE r.,. TO TEEN 31'00 00' V/ OP THE EASTERLY 12M3T OP LOT 20 IN ACCORDANCE WITH 16.......• PLAN 1145. DENOTES FOUND SURVEY MONUMENT O SET SURVEY MONUMENT SIB STANDARD IRON BAR 18 IRON DAR OU ORM UNKNOWN MS MEASURED PL. REGISTERED P11N 1145 DI INST. Ms R01093100 SURVEYOR'S CERTIFICATE THAT: I. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT, THE SURVL ACT AND THE LAN( 'IMES ACT A1401550 ECAILATIONS MADE UNDER 111104: 2 1711 SURVEY WAS COMPLE7ED ON 4u4 ?Dog DATE g 22° ONTARIO LAND FAIIDOTYOR METRIC CONVERSION P. J. MANSFIELD DISTANCES SHOWN ON MS PLAN MEIN WIRES AND CAN BE CONVERTED TO PERT BY EMEND BY 03001. Job No. 08.3804 58 CRIEFTAIIN CRESCENT BARRIE ONIARIO IAN 4L8 105 728 9852 rum,hr1 H11tE'i Prod Nertfnpq F_ttuf l Furore Application No: 2010 -A -08 2010 -B -04 Meeting Date: April 15, 2010 Roll 4346 -010- 006 -097 REQUIRED CONDITIONS: BACKGROUND: ANALYSIS: Table B1- Minimum Lot Area: Minimum Lot Frontage: FINANCIAL: Not applicable. Development Services Application No. 2010 -A -08 2010 -B -04 TOWNSHIP OF ORO- MEDONTE REPORT To: Committee of Adjustment Subject: Variance /Consent Application (Mark Porter) Plan 1, East Part of Lot 15 298 Shanty Bay Road 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part Required 0.2 hectares 30 metres Prepared By: Steven Farquharson, B.URPL Intermediate Planner Motion R.M.S. File D10 -40374 D13 -40375 The purpose of this report is to consider a Variance Application 2010 -A -08, for relief from the Township's Comprehensive Zoning By -law in relation to reducing the minimum required lot frontage and lot area provision in the SR Zone. Also part of this report is for consideration for Consent application 2010 -B -04, being a boundary adjustment to the abutting property also owned by the applicant The applicant is seeking relief from Table B1 of Zoning By -law 97 -95 for the minimum lot area and lot frontage requirements for a residential lot in conjunction with Consent Application 2010 -B-04. The applicant is requesting the following relief from Zoning By -law 97 -95: Proposed 0.15 hectares 23.0 metres Consent application 2010 -B -04 is for a boundary adjustment/lot addition which would have a frontage of approximately 20 metres on Shanty Bay Road, a depth of approximately 66.9 metres and an area of approximately 0.13 hectares. The subject lands are proposed to be added to the adjacent lands to the east (300/302 Shanty Bay Road). No new building lot is proposed to be created as a result of the lot addition. Meeting Date AprI115, 2010 Page 1 of 3 Page 18 of 115 POLICIES /LEGISLATION: Township of Oro Medonte Official Plan? The property is designated Rural in the Official Plan. Township of Oro Medonte Comprehensive Zoning By -law 97 -95 The subject property is zoned Residential One (R1) Zone CONSULTATIONS: Transportation and Environmental Services Building Department Engineering Department County of Simcoe- Comments forthcoming ATTACHMENTS: Schedule 1: Location Map CONCLUSION: Variance Application 2010 -A -08 is for relief from the Township's Comprehensive Zoning By -law in relation to reducing the minimum required lot frontage and lot area provision in the R1 Zone. Also, for consideration for Consent Application 2010 -B -04, being a boundary adjustment to the abutting property also owned by the applicant. It is the opinion of the Planning Department that the applications be deferred in order for the applicant to provide a more comprehensive drawing showing how the proposed retained lands will be able to accommodate a dwelling and septic system as per the required setback in the R1 Zone. The applicant is also required to provide verification that the existing dwelling on the lands to be conveyed meets the interior side yard setback for the R1 Zone. When these items are received by the Township, the Planning Department can fully evaluate the proposed applications. Respectfully submitted: Stev-Jjj7 rquharson, B.URPL 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part Reviewed by: Glenn White, MCIP, RPP Intermediate Planner Manager, Planning Services Development Services Application No. 2010 -A -08 2010 -B-04 Meeting Date April 15, 2010 Page 2 of 3 Page 19 of 115 1 Development Services Application No. 2010 -A -08 2010 -B -0a SCHEDULE 1: LOCATION MAP 2010 -A -08 (Porter) 2010 -B -04 ENHANCED LANDS 300/302 SHANTY BAY ROAD AIN ANDS 298 SHANTY BAY ROAD LANDS TO BE ADDED TO 300/302 SHANTY BAY ROAD 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part BO Meters Meeting Date April 15, 2010 Page 3 of 3 Page 20 of 115 INNOVATIVE PLANNING SOLUTIONS Planners, Project Managers and Land Development Township of Oro Medonte 148 Line 7 North Oro Medonte, Ontario Attention: Committee of Adjustment Planning Department Re: 1.0 Introduction Planning Justification Report (Boundary Adjustment Minor Variance) Lots 15 16, Registered Plan 1069 Lot 1, Concession 1, East Penetanguishene Road Township of Oro Medonte, County of Simcoe Innovative Planning Solutions has been retained by Lover's Harbour Inc. to complete the following boundary adjustment and minor variance applications relative to Lots 15 16 Registered Plan 1069, Lot 1 Concession 1 E.P.R.. The purpose of the following report is to assess the impacts of adjusting one boundary lot line on the above captioned property. For the purposes of this report, East Penetanguishine Road will be referred to as Shanty Bay Road. The following report will review the applicable policies found within the documents noted below to justify the boundary adjustment and minor variance applications under good planning principles: Provincial Policy Statement (2005) Places to Grow Gune, 2006) Lake Simcoe Protection Plan (June, 2009) County of Simcoe Official Plan (Consolidated August, 2007) Township of Oro Medonte Official Plan (March, 2007) 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part Thursday March 25 2010 89 COLLIER STREET, SUITE 101, BARRIE ONTARIO L4M 1112 TEL: (705) 812 -3281 FAX: (705) 812 -3438 EMAIL: INFO@IPSCONSULTINGINC.COM Page 21 of 115 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part Township of Oro Medonte Zoning Bylaw (Consolidated February, 2005) The purpose of the boundary adjustment and minor variance applications is to reposition a boundary limit between two properties owned by the applicant. The result of the boundary adjustment will be one single detached dwelling residential lot of the same size and character as the surrounding neighbourhood, and one large corner lot suitable for potential future commercial development within the Rural designation. The proposed boundary adjustment and minor variance are necessary first steps in order to allow for potential commercial redevelopment to occur. 2.0 Description of Subject Property and Surrounding Land Uses The Township of Oro Medonte recognizes the subject property within the Rural designation. The property is located in close proximity to the shores of Lake Simcoe and the City of Barrie easterly limits. A base plan of the entire subject property displaying current structures can be found in Appendix 1. The topogtaphy of the land is generally flat with a gentle slope from north to south as displayed by the contours in Figure 1. The subject lands possess sporadic deciduous and evergreen trees and shrubs both fronting Shanty Bay Road as well as Colborne Street. There is also a strip of trees along the current lot line between the two subject parcels of land. Currently the two parcels possess three single detached dwellings, one vacant Automotive workshop with apartments above, as well as a detached Garage. These structures are accessed via three entrances from Shanty Bay Road as well as one entrance from Colborne Street structures axe all serviced by private well and septic systems. There are three wells, three tile fields, and four septic systems currently on the subject lands. Boundary Adjustment Report Lover's Harbour Inc. Township of Oro Medonte IPS File No: 09 -277 Page 2 Page 22 of 115 Surrounding land uses include: 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part North: Lands designated Restricted Rural in the Township of Oro Medonte. A steeply sloping hill exists to the north beyond which lies a small subdivision with one internal road. Futher to the north exists farmland and the City of Barrie. South: Lands to the south are designated Shoreline and consist of single detached dwelling waterfront homes. Further to the south exists Kempenfelt Bay. East: Single detached dwelling Residential lots on Rural designated property within the Township of Oro Medonte fronting Shanty Bay Road. These Residential lots are smaller in size and frontage than the residential lot proposed by this boundary adjustment. Further to the east exists single detached dwelling waterfront properties fronting Lake Simcoe as well as the settlement area of Shanty Bay. West: Single detached dwelling residential lots on Rural designated property within the Township of Oro Medonte. These Residential lots are of the same size and character as the residential lot proposed by this boundary adjustment Further to the west is the City of Barrie Figure 1: Subject Property and Surrounding Land Uses Source: maps.simcoe.ca The following pictures depict the subject property and surrounding neighbourhood character: Boundary Adjustment Report Lover's Harbour Inc. IPS File No: 09 -277 Township of Oro Medonte Page 3 Page 23 of 115 Photo No. 2 Photo No. 3 INNOVATIVE PLANNING SOLUTIONS Planners, Project Managers and Land Development Date: March 2, 2010 298 Shanty Bay Road Date: March 2, 2010 Boundary Adjustment Report Lover's Harbour Inc. IPS File No: 09 -277 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part Site Location: Site Location: 302 Shanty Bay Road 09 -277 Description: Parcel A as seen from Shanty Bay Road, facing North. Description: Parcel B as shown from intersection of Shanty Bay Road and Colborne Street, facing North West. Township of Oro-Medonte Page 4 Page 24 of 115 fi Photo No. 4 Date: Photo No. 5 Date: March 2, 2010 Boundary Adjustment Report Lover's Harbour Inc. IPS File No: 09 -277 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part INNOVATIVE PLANNING SOLUTIONS 09 -277 Planners, Project Managers and Land Development Site Location: March 2, 2010 300 302 Shanty Bay Road Site Location: 300 302 Shanty Bay Road Description: Front dwellings on Parcel B as shown from Shanty Bay Road, facing North -West. Description: Parcel B as shown from Colborne Street, facing West. Township of Oro Medonte Page 5 Page 25 of 115 Photo No. 6 Photo No. 7 INNOVATIVE PLANNING SOLUTIONS Planners, Project Managers and Land Development Date: Date: March 2, 2010 Boundary Adjustment Report Lover's Harbour Inc. IPS File No: 09 -277 Site Location: 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part March 2, 2010 Shanty Bay Road, East of subject lands Description: 15m frontage single dwelling residential lots East of Subject Lands on Shanty Bay Road, facing North. Site Location: Shanty Bay Road, West of subject lands 09 -277 Description: 23m frontage single dwelling residential lots West of Subject Lands on Shanty Bay Road, facing North -West. Township of Oro Medonte Page 6 Page 26 of 115 Photo No. 8 INNOVATIVE PLANNING SOLUTIONS Planners, Project Managers and Land Development Date: March 2, 2010 3.0 Development Proposal 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part 09 -277 Site Location: Intersection of Shanty Bay Road and Colborne Street Description: Commercial Business adjacent to Parcel B across Colborne Street, facing North -East. Figure 9 illustrates the subject property and the parcels relating to this application. The green illustrates parcel `A' while the red indicates parcel B'. The blue illustrates the location to which the boundary proposes to be adjusted. Area `C' displays the land to be added to B' from `A'. The site plan for the proposed development is attached as Appendix 2. Table 1 below describes the dimensions of both Parcel `A' and B' after the boundary adjustment. Boundary Adjustment Report Lover's Harbour Inc. Township of Oro Medonte IPS File No: 09 -277 Page 7 Page 27 of 115 Table 1: Proposed Lot Dimensions 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part Parcel Frontage (m) Depth (m) Area (hectares) 23.0 66.82 5 B 1 67.18 1 81.64 0.55 As shown in Figure 9, Parcel `A' currently is designated as Rural and zoned Residential in the Township of Oro Medonte. This proposal does not intend to alter the existing designation or zoning. One extremely small and deteriorated dwelling is currently located on Parcel `A'. As a result of the boundary adjustment, this structure will be located on Parcel B' and ultimately demolished when Parcel B' is further developed. Parcel `A' will be a vacant single dwelling residential lot possessing 23 in (75.5 feet) of frontage on Shanty Bay Road, depth of 66.82 m (219 feet) and an area of approximately 01537 ha (0.38 acres). Appendix 2 displays the lot fabric for the two subject parcels resulting from this boundary adjustment application. Parcel B' is currently designated Rural and zoned both Local Commercial and Residential. This proposal does not intend to alter the existing designation or zones. Parcel B' as a result of the proposed boundary adjustment will possess 67.18 m (220 feet) of frontage on Colborne Street, a depth of 81.64 m (268 feet), and an area of 0.5508 ha (1.361 acres). Currently there are two (2) residential dwellings, a detached garage, as well as an Automotive repair shop with apartments above situated on Parcel 'B'. These structures and uses will not be affected by the proposed boundary adjustment. Parcel `A' will front Shanty Bay Road while Parcel B' will front Colborne Street, adjacent to Shanty Bay Road. Parcel `A' will in future be serviced by private water and septic systems, and Parcel B' will continue to be serviced with private water and septic systems as is currently the case. This boundary adjustment will allow the pursuit of future potential commercial redevelopment on Parcel B' with the goal to improve the aesthetics of the area while creating opportunities for employment within the Township of Oro Medonte. Figures 10 11 display the result of the boundary adjustment in comparison to surrounding properties to the east and west along Shanty Bay Road. Boundary Adjustment Report Lover's Harbour Inc. Township of Oro- Medonte IPS File No: 09 -277 Page 8 Page 28 of 115 Fit Yure 10: Boundary Adjustment Report Lover's Harbour Inc. IPS File No 09 -277 Figure 9: Key Map Source: maps.simcoe.ca 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part Parcel 'A' comnarable nronerties to the West Township of Oro Medonte Page 9 1 Page 29 of 115 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part e 11: Parcel `A' com s arable ro erties to the East 4.0 Planning Policy Analysis 4.1 Provincial Policy Statement The Provincial Policy Statement is issued under the authority of Section 3 of the Planning Act and came into effect on March 1, 2005. It applies to all applications, matters or proceedings commenced on or after Match 1 2005. In respect of the exercise of any authority that affects a planning matter, Section 3 of the Planning Act requires that decisions affecting planning matters "shall be consistent with" policy statements issued under the Act. Section 1.1.4 on rural areas in Municipalities, states development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. This proposal is compatible with and in keeping with the character of the surrounding Rural neighbourhood and will be on Rural service levels. The boundary adjustment does not conflict with the policies of the Provincial Policy Statement nor create a new development lot. Having said this, the following proposal `is consistent with' the Provincial Policy Statement. Boundary Adjustment Report Lover's Harbour Inc. Township of Oro Medonte IPS File No: 09 -277 Page 10 Page 30 of 115 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part 4.2 Places to Grow Growth Plan for the Golden Horseshoe The relevant sections of the Growth Plan have been reviewed as they pertain to the subject property and boundary adjustment The Growth Plan incorporates key initiatives such as the Greenbelt Plan, Planning Act reform and the Provincial Policy Statement, 2005. The Growth Plan's goal is to address such pressing issues as the increasing number of automobiles on our roadways, efficient use of public transit, and maintaining employment lands for future economic opportunities, utilizing new and existing infrastructure and controlling urban sprawl to maintain our natural environment. Growth Plan section 2.2.9 Rural Areas states that development outside of settlement areas, may be permitted in rural areas in accordance with Policy 2.2.2.1(i). New multiple lots and units for residential development will be directed to settlement areas. The general intent of the Growth Plan is to focus growth and intensification to existing settlement areas. The proposed boundary adjustment does not seek to create any new lots and therefore is not new growth or intensification. The proposed boundary adjustment is in keeping with the principles of the Growth Plan. 4.4 Lake Simcoe Protection Plan The Lake Simcoe Protection Plan came into effect on June 2, 2009. This document provides direction on ways to ensure a healthy Lake Simcoe. The basis of the plan is to protect Lake Simcoe, its watershed and various tributaries. While the area covered by the Lake Simcoe watershed is vast, the plan provides details on how to ensure its overall health and preserve its key features. The result of the boundary adjustment will only alter the size of two existing lots and does not warrant further investigation in terms of its impact on the Lake Simcoe Watershed. Boundary Adjustment Report Lover's Harbour Inc. Township of Oro-Medonte IPS File No: 09 -277 Page 11 Page 31 of 115 4.5 County of Simcoe Official Plan The County of Simcoe Official Plan was adopted by County Council on October 28` 1997 and approved by the Ministry of Municipal Affairs and Housing on April 1s`, 1998. The subject property is designated Rural and Agricultural in the County of Simcoe Official Plan. The proposed boundary adjustment will maintain the rural character and avoid strip development. Section 3.3.4 of the Official Plan states that Consents for the purpose of boundary adjustments are permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan. The Simcoe Official Plan also states that lot sizes should be restricted in order to conserve lands in larger blocks for agricultural and environmental purposes. The County of Simcoe Official Plan is accommodated by the proposed boundary adjustment as it will not result in any negative impacts to the rural character of the area or the ongoing issue of strip development. The boundary adjustment does not propose to create a new lot. 4.6 Township of Oro Medonte Official Plan 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part The goals, objectives and policies contained in the Township of Oro Medonte Plan are intended to guide the decisions of public authorities and private interests in order to maintain the Township as a liveable and attractive community. No public work can be undertaken nor shall any Zoning By -law that does not conform with the Official Plan. It is intended that this Plan serve as the basis for managing change in the Township to the year 2023. The subject property is designated Rural according to the Township of Oro Medonte Official Plan Schedule A Land Use. The Official Plan as it applies to the proposed boundary adjustment is as follows: Boundary Adjustment Report Lover's Harbour Inc. Township of Oro Medonte IPS File No: 09 -277 Page 12 Page 32 of 115 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part Section A2.5.2 Rural Character b) To minimize the negative impact of proposed development on the open and natural character of the existing rural area. e) To discourage the intrusion of land uses which are incompatible with the rural character and /or resource activities of the area. Section A5.4 on Servicing of Development outside of Settlement Areas states prior to the creation of a new lot that is to be serviced by a private septic system, Council shall be satisfied that the soils are appropriate for the construction and use of a private septic system on the lot. If the lot is to be serviced by a private well, Council shall be satisfied that an adequate supply of potable water will be available to service the new lot. Where more than 5 lots are proposed, this would be confirmed by a hydrogeological assessment prepared by the applicant to the satisfaction of the Council and appropriate agencies. Section C2.1 `Rural Land Use Objectives To preserve and promote the rural character of the Township and the maintenance of the open countryside. To prevent the intrusion of land uses which are incompatible with the rural character and /or resource activities of the area. The proposed boundary adjustment does not negatively impact the natural character of the existing surrounding rural area and is not an intrusion of an incompatible land use. As there will be only one single detached dwelling added to Parcel `A' at a future date, a hydrogeological assessment is not warranted or required by the Official Plan. Section C2.2 states that a single detached dwelling is a permitted use in the Rural designation, as is proposed for Parcel `A' after boundary adjustment. Section C2.3.1 details policies relative to the creation of new lots for residential purposes. In accordance with the intent of the Official Plan to maintain the rural character of the Township, only a limited number of new lots for residential purposes can be created in the Township. The proposed boundary adjustment does not create a new residential lot but rather alters the size of Boundary Adjustment Report Lover's Harbour Inc. Township of Oro Medonte IPS File No: 09 -277 Page 13 Page 33 of 115 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part an existing residential lot while maintaining compatibility with the surrounding lot fabric and neighbourhood. Section D2.2.2 of the Official Plan states that a Consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created. The boundary adjustment will not affect the viability of the use of the properties affected as intended by this Plan. In addition, the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the agricultural parcels affected. Section E1.2 of the Official Plan states that the municipality may pass temporary use by -laws permitting temporary housing, temporary accommodation facilities for a specific time period up to three years where a permanent or continuing basis and where alternatives such as relocation are not practical. Prior to the approval of a temporary use Zoning By -law, Council shall be satisfied that the following principles and criteria axe met: The proposed use shall be of a temporary nature and shall not entail any major construction or investment on the part of the owner so that the owner will not experience undue hardship in reverting to the original use upon the termination of the temporary use; The proposed use shall be compatible with adjacent land uses and the character of the surrounding neighbourhood; The proposed use shall not require the extension or expansion of existing municipal services; The proposed use shall not create any traffic circulation problems within the area nor shall it adversely affect the volume and /or type of traffic serviced by the area's roads; Boundary Adjustment Report Lover's Harbour Inc. Township of Oro Medonte IPS File No: 09 -277 Page 14 Page 34 of 115 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part Parking facilities required by the proposed use shall be provided entirely on-site; The proposed use shall not warrant the need for road improvements during the term of the use; and, The proposed use shall generally be beneficial to the neighbourhood or the community as a whole. Section 5.8 of Oro Medonte's Zoning By -law states that unless otherwise specified, no more than one dwelling unit is permitted on a lot. As stated above, the small dwelling on Parcel `A' would be added to Parcel B' thus creating more than one dwelling unit on Parcel B'. It is proposed that this temporary use Zoning By -law policy would be utilized to allow the small dwelling from Parcel `A' to be located on Parcel B' after the boundary adjustment for a short period of time, under three years. This temporary use would be a condition of boundary adjustment approval in order for the structure to remain intact while potential commercial development is pursued on Parcel 'B'. All of the stated temporary use Zoning By -law criteria are met in the case of the boundary adjustment The proposed boundary adjustment is consistent with the intent of the Official Plan. 5.0 Township of Oro Medonte Comprehensive Zoning By -law (Consolidated 2007) The properties affected by the proposed boundary adjustment are currently zoned Residential Zone One (R1) and Local Commercial Zone Exception 116 (LC *116) in the Township of Oro Medonte Comprehensive Zoning By -law as shown in Figure 12. Table 2 provides a comparison of the Zoning requirements vs. existing and proposed. Boundary Adjustment Report Lover's Harbour Inc. Township of Oro Medonte IPS File No: 09 -277 Page 15 Page 35 of 115 I'ru\ i iun Required )9S Sh:utty Farrel `A' Ida\ Rudd I,Ai.tinz; Min. Lot Area Min. Lot Frontage Min. Front Yard Min. Rear Yard Min. Interior Side Yard Min. Exterior Side Yard Min. 1" Floor Area Maximum Height Table 2: Zo 0.2 ha 30 m 7.5 m 7.5 m 2.5 m 4.5 m 90 m2 11 m Boundary Adjustment Report Lover's Harbour Inc. IPS File No: 09 -277 *Variance Requested 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part rovision com 0.291 ha 43.0 m 50.1 m 9.8m 6.6 m N/A 52.5 m2 <11m nson 0.1537 ha 23.0 m >7.5 m >7.5 m >2.5 m >4.5 m >90m2 <11m It should be noted that the existing single dwelling does not meet the zoning requirement for minimum first floor area. Future residential development on Parcel `A' will respect all R1 zoning setback and floor area requirements. Figure 12: Subject Property Zoning Source: Township of Oro Medonte Comprehensive Zoning By -law Schedule Al Township of Oro Medonte Page 16 Page 36 of 115 6.0 Minor Variance Four Tests Under the Planning Act 6.1 Does the variance conform to the Official Plan 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part The subject property is designated Rural Agricultural in the Simcoe Official Plan and Rural in the Oro Medonte Official Plan. The objectives of these designations are to enable the agricultural industry to function effectively in prime agricultural areas and to provide resource activity, recreation and limited residential uses in non -prime agricultural. The Rural designation aims to protect the rural character and to have regard for the resource of built heritage and cultural heritage landscapes associated with rural and agricultural areas. The Simcoe County Official Plan states that lots should be restricted in size in order to conserve other lands in larger blocks for agricultural or environmental purposes. Within the Oro Medonte Official Plan, stated objectives of the Rural designation include preserving and promoting the rural character of the Township and the maintenance of the open countryside. Another goal within this section is to prevent the intrusion of land uses which are incompatible with the rural character and /or resource activities of the area. The Oro Medonte Official plan states permitted uses on lands in the Rural designation include single detached dwellings, as will be the result of the proposed minor variance. The following minor variance will not introduce a use that is incompatible or detrimental to agricultural practices and will not take away productive agricultural lands. It is only to adjust adjacent lot boundaries, will not create any new building lot, and will not affect the viability of the use of either of the properties affected. Both Official Plans permit single detached dwellings in Rural designated areas, as is the proposed result of this minor variance. Furthermore, based on the existence of other smaller rural residential lots fronting Shanty Bay Road in close proximity to the subject lands, the proposed minor variance is in keeping with the rural character of the surrounding neighbourhood. Boundary Adjustment Report Lover's Harbour Inc. Township of Oro Medonte IPS File No: 09 -277 Page 17 Page 37 of 115 For the above noted reasons the proposed minor variance conforms to the applicable Official Plans. 6.2 Does the variance conform to the Zoning By -law 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part The properties affected by the proposed boundary adjustment are currently zoned in the Township of Oro Medonte Comprehensive Zoning By -law as shown in Figure 12. Table 2 provides a comparison of the Zoning requirements vs. existing and proposed. The subject property is zoned Residential Zone One (R1) and Local Commercial Zone Exception 116 (LC *116). Under the Residential Zone One (R1), Section 3.1 Table Al Permitted Uses, a single detached dwelling is permitted. Under Section 4.1 Table B1, minimum frontage of 30 m (98.4 ft) with an overall area of 0.2 hectares (0.5 acres) is required. Parcel `A' as a result of the proposed minor variance will possess a frontage of approximately 23 m (75.5 ft). The reduction in lot frontage from the required 30m to the requested 23.0m represents a variance of approximately 23 Access to the existing dwellings on Parcel '13' along Shanty Bay Road and Colborne Street are not proposed to change. In future, access to the single detached dwelling to be constructed on Parcel `A' will be from Shanty Bay Road. Due to the fact Parcel `A' is larger both in width and depth than surrounding residential lots in the neighbourhood, amenity space on Parcel `A' will be comparable to surrounding properties as well. The requested minor variance for mining lot frontage still ensures that the proposed lot has ample space for access to the single detached dwelling, as well as amenity space on the property. The lot size and frontage being requested will allow for a comparable size dwelling with the existing surrounding community. Parcel `A', as a result of the proposed minor variance, will possess an area of approximately 0.1537 ha (0.38 acres). The reduction in lot area from the required 0.2 ha to the requested 0.1537 ha also represents a reduction of approximately 23 In comparing abutting and surrounding parcels zoned Residential, the proposed area for Parcel `A' is comparable and in most cases larger than the neighbourhood. Servicing for the future single detached dwelling on Parcel `A' will be via private septic and water systems. Due to the fact that Parcel `A' is comparable and larger than Boundary Adjustment Report Lover's Harbour Inc. Township of Oro Medonte IPS File No: 09 -277 Page 18 Page 38 of 115 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part surrounding residential properties which are also on private services, the proposed lot area should be considered sufficient enough in size to handle private services, in keeping with the lot fabric of the neighbourhood. For the above noted reasons the proposed minor variance conforms to the applicable Zoning By -law. 6.3 Is the variance desirable for the appropriate development of the lot Parcel `A' after boundary adjustment will be in keeping with, and even larger than, most surrounding residential lots in the neighbourhood. No off -site rural or agricultural operations will be impacted from the approval of the minor variance, thus protecting agricultural lands. The lot and single dwelling that will be constructed on it at a future date will blend into the natural and surrounding landscape. The future residential dwelling to be constructed on Parcel `A' will conform to all setback and floor area requirements for R1 zoning. Servicing for future development on Parcel `A' will be with private well and septic system. As displayed by surrounding single detached residential dwellings with private services on smaller lot sizes, the proposed lot size for Parcel `A' should be considered appropriate for private services. Parcel `A' currently possesses one entrance from Shanty Bay Road which is recognized as a year round public road. After boundary adjustment and subsequent development of a single residential dwelling on Parcel `A', there will still be one entrance onto Shanty Bay Road. 6.4 Is the variance minor The following variances can be considered minor in nature given that Parcel `A' possesses more lot area and lot frontage as compared to adjacent and surrounding Residential properties fronting Shanty Bay Road. The variances in lot area and lot frontage created by the boundary adjustment are reductions of 23% each respectively. The resulting residential lot will conform to all other Zoning provisions. The boundary adjustment and resulting residential lot will respect the fabric and rural character of the surrounding neighbourhood. Access to the existing dwelling and Boundary Adjustment Report Lover's Harbour Inc. Township of Oro Medonte IPS File No: 09 -277 Page 19 Page 39 of 115 accessory buildings is not intended to change and will not result in a safety hazard for emergency purposes or essential services. Due to the above noted reasons, it is felt that the requested variances should be considered minor. 7.0 Conclusion The following report is intended to assess the impacts of executing a boundary adjustment and minor variance from Part of Lots 15 16, Registered Plan 1069, in the Township of Oro Medonte, County of Simcoe. According to the policies of the Provincial Policy Statement, Growth Study, County and Township Official Plan, as well as the Township of Oro Medonte, Comprehensive Zoning By -law the following boundary adjustment and minor variance applications can be considered appropriate. The boundary adjusttnent will not create a new lot and serves to improve the deteriorating condition of the subject lands by allowing for future redevelopment. It is my professional opinion that the following boundary adjustment and minor variance applications conform to the applicable policies and represent good planning. Respectfully submitted, Innovative Planning Solutions S i. Darren Vella, B.Sc President 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part Cameron Sellers Junior Planner Boundary Adjustment Report Lover's Harbour Inc. Township of Oro- Medonte IPS File No: 09 -277 Page 20 Page 40 of 115 APPENDIX 1 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part Boundary Adjustment Report Lover's Harbour Inc. Township of Oro Medonte IPS File No: 09 -277 Page 21 Page 41 of 115 -o OUNDARY ADJUSTMENT PLAN B B ARRIE co CITY O BOUNDARY ADJUSTMENT PLAN 29 8-302 SHANTY BAY ROAD LOTS 15 16, REGISTERE C, WNE ROM CONCESSl O f ORO TO WNSHIP OFO SIMCOE MTE Chu 2010 13.704 kia \TOTAL SITE AREA 1.74 ea RESIDENTIAL LOT LANDS TO BE ADDED TO 300 302 SH ANTY BAY ROAD 300 1 302 S HANTY BAY ROAD APPENDIX 2 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part Boundary Adjustment Report Lover's Harbour Inc. Township of Oro Medonte IPS File No: 09 -277 Page 22 Page 43 of 115 ZOE 00t Valk/ 101\ V e T tr 3 0 '08 6110 aro it 'oe td: Valk/ al-IS -9;i10.1\ .01141:0 ova awns ao AIWIt00 al3.100900.10 atsstontai. os olc:g am ost mo 6901 IOnd cratelsovi 0/013 ,J14VV-IS ZOS-26Z SSViii na% 018-4-1 40 A.L10 1\1\nd 3Stra 1 5b) 2010-B-04 2010-A-08, Mark Porter, Plan 1, East Part #411MIx'., Page 45 of 115 ms c as c O a) c a) 0) c 0, x a) O Y U is .Q a) 0, CD N 0 O. 0 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part Page 46 of 115 Retained Lands 298 Shanty Bay Road 5b) 2010-B-04 2010-A-08, Mark Porter, Plan 1, East Part Page 48 of 115 5b) 2010 -B -04 2010 -A -08, Mark Porter, Plan 1, East Part Page 49 of 115 Dwelling at 298 Shanty Bay Lands to be conveyed Enhanced Lands 1 uo ad eaee .li..3 spat Paou�eu� [4: a Proud linker, Eeuins Anne Application No: 2010 -B -05 Meeting Date: April 15, 2010 Roll 4346- 010-003 -306 REQUIRED CONDITIONS: BACKGROUND: TOWNSHIP OF ORO- MEDONTE REPORT To: Committee of Adjustment Subject: Consent Application Donald Robinson Concession 7, Lot 16 (Former Township of Oro), 91 15/16 Sideroad West 5c) 2010 -B -05, Donald Robinson, 91 15/16 Sideroad West, Co... Prepared By: Steven Farquharson, B.URPL Intermediate Planner Motion R.M.S. File D10 -40370 The following conditions are required to be imposed on the Committee's decision: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor and submitted to the Secretary- Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; Furthermore, the legal description and the parcel description of the recreated parcels be identical to that contained in the original deed and must be so designated on a Reference Plan to be provided by the Applicant; 3. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. The purpose of the consent application is for a technical severance to recreate a lot which once existed as a separate parcel of land. The lands proposed to be severed would have a frontage along 15/16 Sideroad West of approximately 185 metres (610 feet), and approximately 557 metres (1830 feet) on Line 7 North, a lot depth of approximately 603 metres (1980 feet) and a lot area of approximately 19.8 hectares (49 acres). The lands to be retained would have frontage along 15/16 Sideroad West of 291 metres (956 feet), a lot depth of approximately 603 metres (1980 feet), and a lot area of approximately 18 hectares (45 acres). The retained parcel currently has an existing dwelling with various agricultural building. The applicant has submitted a historical timeline of the property, which has been attached for the Committee's reference. The lots were separate conveyable lots until 1988, when they merged in title under the applicants name. The summary of the deeds which support this timeline are attached to this report. Development Services Meeting Date: Apr1115, 2010 Application No. 2010 -B-05 Page 1 of 6 Page 54 of 115 ANALYSIS: 5c) 2010 -B -05, Donald Robinson, 91 15/16 Sideroad West, Co... The purpose of consent application 2010 -B -05 is for a technical severance to recreate lots which previously existed as separate conveyable parcels of land. The Township's Official Plan contains policies (Section D2.2.3) which permit Planning Staff and the Committee to consider technical severances. FINANCIAL: Not applicable. POLICIES /LEGISLATION: OFFICIAL PLAN The subject lands are designated Agricultural and Environmental Protection One in the Township's Official Plan. Section D2.2.3 of the Official Plan provides a specific policy to allow the Committee to consider applications to correct a situation where two or more lots have merged on title maybe be permitted, provided that the Committee of Adjustment is satisfied that the following criteria have been met. Planning Staff's opinion of how the criteria have been met are outlined below. a) Was once separate conveyable lot in accordance with the Planning Act; As per the attached deed, in 1949 the two parcels were acquired by Edward and Pearl Robinson on November 24, 1949, therefore was conveyable in accordance with the Planning Act. b) The merging of the lots was unintentional and was not merged as a requirement of a previous planning approval; The parcels were merged together as a result of the death of Edward Robinson. c) Is of the same shape and size as the lot which once existed as a separate conveyable lot; A review of the deeds determined that the proposed parcels are the same size and shape that existed at the time they were separate lot. The Township will require that a surveyor confirm the new lots match the original description. d) Can be adequately serviced by on -site sewage and water system; The parcels should be of an adequate size to permit the establishment of private services, this would be further confirmed prior to the issuance of any budding permits. e) Fronts on a public road that is maintained year -round by public authority; The parcels front onto 15/16 Sideroad West and Line 7 North, both are are maintained year -round by a public authority. Development Services Meeting Date: Apri115, 2010 Application No. 2010 -B -05 Page 2 of 6 Page 55 of 115 g) Conforms with Section D2.2.1 of this Plan; and, Section D2.2.1 of the Plan is discussed below. 5c) 2010 -B -05, Donald Robinson, 91 15/16 Sideroad West, Co... f) There are no public interest served by maintaining the property as a single conveyable parcel; The public interest would not be affected by this proposal. h) Subject to the access policies of the relevant road authority At the time a building permit is applied for an entrance permit would also be required from the Township for access for the severed lands from 15/16 Sideroad West or Line 7 North. Section D2.2.1 of the Official Plan contains test for the creation of a new lot by way of Consent. in particular, this section states the Committee of Adjustment shall be satisfied that the lot to be retained and the lot to be severed: a) Fronts on and will be directly accessed by a public road that is maintained year round basis: The proposed severed lands would have frontage on 15/16 Sideroad West and Line 7 North and the retained land will have frontage on 15/16 Sideroad West, which are public roadways maintained year round by the Township of Oro Medonte. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; The properties will not have access to a Provincial Highway or County Road. c) Will not cause a traffic hazard; This application proposes to recreate a lot. Significant traffic volume will not be generated by any additional dwellings if located on the proposed lots. The applicant will be required to apply for and obtain an entrance permit from the Township Public Works Department. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By -la and is compatible with adjacent uses; The application proposes to recreate a lot that once existed, which has inadvertently been merged on title. The proposed severed lands would have a frontage along 15/16 Sideroad West of approximately 185 metres (610 feet), and approximately 557 metres (1830 feet) on Line 7 North, a lot depth of approximately 603 metres (1980 feet) and a lot area of approximately 19.8 hectares (49 acres). The lands to be retained would have frontage along 15/16 Sideroad West of 291 metres (956 feet), a lot depth of approximately 603 metres (1980 feet), and a lot area of approximately 18 hectares (45 acres). The retained parcel currently has an existing dwelling with various agricultural building. The minimum required lot area for a residential use in the A/RU Zone is 0.4 hectares, and the minimum lot frontage is 45 metres. It has been noted that the proposed severed lot does meet the lot area and frontage of the A/RU Zone. e) Can be serviced with an appropriate water supply and means of sewage disposal; The applicant will be required at the time of submission of building permit to meet all requirements for septic system installation and private water supply. The Township Zoning By -law has established a minimum lot area of 0.4 hectares for a residential use in the A/RU Zone to reflect development on private services. Development Services Meeting Date: April 15, 2010 Application No. 2010 -B -05 Page 3 of 6 Page 56 of 115 f) Will not have a negative impact on the drainage patterns in the area; Any future residential development will be reviewed by the Township Building Department, where the construction of a new single detached dwelling may be subject to the completion of a lot grading and drainage plan to ensure water runoff has no negative impact on neighbouring properties. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; The retained lands, will meet with the minimum required lot frontage and area requirements of the Zoning By -law. No development applications are active adjacent to the subject lands, and as such no negative impacts with respect to access are anticipated as a result of this consent. h) Will not have a negative impact on the features and functions of any ecological feature in the area; The rear portion of the severed lands is regulated by Lake Simcoe Region Conservation Authority, comments are forthcoming. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; Any future development would require appropriate approvals for a well, which would ensure it would not negatively impact the quality and quantity of groundwater. On this basis, the application is considered to be appropriate and generally conforms to the Official Plan. ZONING BY -LAW The subject property is currently zoned Agricultural /Rural (NRU) and Environmental Protection (EP) Zone in the Township's Zoning By -law 97 -95, as amended. The proposed severed and retained Tots would continue to comply with the provisions of the AgriculturaVRural (NRU) Zone, as the minimum lot area and frontage have been met. 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 County of Simcoe ATTACHMENTS: Schedule #1- Location Map 5c) 2010 -B -05, Donald Robinson, 91 15/16 Sideroad West, Co... Development Services Meeting Date: April 15, 2010 Application No. 2010 -B-05 Page 4 of 6 Page 57 of 115 CONCLUSION: 5c) 2010 -B -05, Donald Robinson, 91 15/16 Sideroad West, Co... By reviewing the timeline provided by the applicant, which confirms that these parcels previously existed as separate parcels, determining that the proposal appears to meet the criteria required by Section D2.3.10 of the Official Plan, and that these parcels have maintained separate roll numbers, maintains the use and setback provisions of the Zoning By -law and has been shown as separate parcels on the zoning map, it is the opinion of the Planning Department, that Consent application 2010 -B -05 for a technical severance is appropriate. Respectfully submitted: Reviewed by: Steve uhaHrs B.U� Glenn White, MCIP RPP Intermediate Planner Manager, Planning Services Development Services Meeting Date: April 15, 2010 Application No. 2010 -8 -05 Page 5 of 6 Page 58 of 115 Development Services RETAINED LANDS t l 1 E D SCHEDULE 1: LOCATION MAP 2010- B- 05(Robinson) .••f1• •f ❖ff.•f❖ .•.f.•Q. i•• i f f f f f •f f •f ff.• ff.•••. f•❖ ••••1 ❖.•••.f••ff.••••f••ff.•ff. ff. i f. f. ff f. ff. ff• f. f ❖.f. f f •f f f.f •f ff. ❖f f. A •.f••.f.•.f.•.f� ❖••.f••.f.•ff� ❖ff. �4•ff•�. k f ff f.•f•••f•.•f••Q•f•••ff.•ffi•1 •❖f• wit .f•.f 1f f.1.♦ fiiii i if iif i f i i •if i f i'i f i O i• iii •O •.f.f..f if lf••f.f.f 1♦ �fi •�•i•Oiiifiifiifif.•Oiifi•�•i f•f fi• Oi ❖ii•�fi••fi•••�•••if.•ifi••fi0 •ii• •fiif i i fififii•�fi•�•ifii :•iiifii •ii• 0 o f.f .f.f• ❖.••ff.fi. f i if i• if i fi f i i O i i f i f i f ifi if i O •i iif if ii if i •i if ii ii i f i f ii if i if i O iif i i if .•1f 1.f.f.f1••.f••. ♦f♦ ♦•.f.f.f.•f 1f 1f ♦•f 1f 1f....f.f.•♦ ♦f.f.•f.....f..f.•♦ 15116 -S DEROAD 5c) 2010 -B -05, Donald Robinson, 91 15/16 Sideroad West, Co... L 0 2040 80 120 160 tir■=almMelws Meeting Date: April 15, 2010 Application No. 2010 -B-05 Page 6 of 6 Page 59 of 115 ORig) NMI t 1 Pro pe,r Wkly .5;1%1 w f q s &ayes Cris .51 arms do c 1 i elt Lot l6 cDnCession T Oro 5c) 2010 -B -05, Donald Robinson, 91 15/16 Sideroad West, Co... Lbn 006 Ins on 5 iJo hol (PAb;ns Pa/.)), Page 60 of 115 March 26 2010 Dear Members: 5c) 2010 -B -05, Donald Robinson, 91 15/16 Sideroad West, Co... SHIRLEY PARTRIDGE REGISTRY SERVICES INC. 168 Lakeshore Road West R.R. 1, Oro Station ON LOL 2E0 The Corporation of The Township of Oro Medonte 148 Line 7S, Box 100 Oro, ON LOL 2X0 Attention: Committee of Adjustment Re: Donald Edward Robinson Application for Technical Severance Part of Lot 16, Concession 7, Township of Oro Medonte PIN 58546 -0053(LT) All of Lot 16, Concession 7 in the former Township of Oro was patented on February 18 1834 to Charles Stanley Monk who then subsequently split the lot into the West Half and the East Half in 1838. The East Half of Lot 16 (100 acres) was further subdivided into the West forty-five acres and the East fifty -five acres in 1855 by Donald McEachern. The parcels remained in separate ownership until 1949 (94 years). Edward Robinson acquired the East fifty -five acres of the East Half on the 16 day of April 1949. Edward Robinson and his wife, Pearl Robinson acquired the West forty -five acres of the East Half on November 24 1949 as Joint Tenants. At this point in time the parcels were still legally separate as a result of the separate tenure. In 1961 Edward Robinson conveyed a parcel from the East fifty -five acres to Asrt Proper and Grietze Proper which parcel is now know as PIN 58546- 0054(LT). Planning Act Consent was obtained from the Minister of Housing and dated June 2, 1961. In 1970, Edward Robinson conveyed a parcel from the East fifty -five acres to Donald Robinson together with an additional sliver in 1975 described as Part 1, Plan 51R -5152. Consent from the Ministry of Housing was obtained for the first parcel on the 9 day of September, 1970, and for the second parcel from the Committee of Adjustment for the Township of Oro on the 24 day of November, 1975 under submission No. B- 47/75. These parcels together are now known as PIN 58546- 0055(LT). Page 61 of 115 Edward Robinson died on or about the 9 day of March, 1988 which automatically severed the joint tenancy with his wife Pearl on the West forty -five acres of the East Half. Pearl Robinson thereby becomes the sole owner by operation of law of both the West forty -five acres of the East Half and the East fifty -five acres of the East Half. Mrs. Robinson's solicitor, through an abundance of caution prepared and registered a Transfer from the Estate of Edward Leland Robinson to Pearl Christena Robinson of the balance of the East fifty -five acres of the East Half as a "specific bequest under terms of Will The parcels would have merged together in any event upon the death of Mr. Robinson. Prior to her death, Pearl Robinson conveyed the entire parcel comprising PIN 58546 0053(LT) to her surviving son, Donald Edward Robinson, and the widow of her deceased son, Bruce, namely Alice Mary Robinson. Alice Mary Robinson subsequently conveyed her interest to Donald Edward Robinson in 2003. It is now Donald Edward Robinson's wish to return the subject lands to their historical designation, being the West forty-five acres of the East Half, and the East fifty -five acres of the East Half. The parcels were separately owned from March 24 1855 until the date of Edward Robinson's death in 1988 (133 years). It is clear that it was the intention of Edward Robinson and Pearl Robinson to continue to keep the parcels separate when they acquired them in 1949 by taking title to the East fifty -five acres of the East Half in Edward's name alone and the balance of the East Half (West forty -five acres) in Edward and Pearl's name as Joint Tenants. It is my opinion as a conveyancer with thirty-two years experience that the parcels merged in 1988 solely as the result of the death of a joint tenant, and with no deliberate act to effect the merger of the said parcels. This historical review of the title of the East half of Lot 16, Concession 7 is made in good faith and in support of an Application by Donald Robinson to obtain a technical severance of the aforementioned parcels. Yours very truly, aLey Shirley Partridge Registry Services Inc. Shirley Partridge, President 2 5c) 2010 -B -05, Donald Robinson, 91 15/16 Sideroad West, Co... Page 62 of 115 p. CO56 ROAD ALLOWANCE BETWEEN ..ors 15 AND 6 0007 K AN 51R 1-- PLA 13152 +t, (7 tu .64 P LAN 51R-20664 OCOA ROAD AL/MAW E BETWEEN LOTS 15 AND 16 I_ cylet( tie,. PLAN 5FR-255631'M-A 5/R1 If 00501 PLAN. 5114- PLAN 51R-27302 005" Daveci.Vciwaed Lakyttart LIviett -1441,4 4oSs. 51R--.1454 Mirth .14, its :ar D- 1 k arn- Y e we,t t4S-- acres V 2., [0+ COS 0055 CO55 PLAN 5IR-5152 Cr VR-16°29 0-01/414 EP 5 EU pal WO PLAN I -1 ppm Tec 2 7: 9 51R i I i ii OC97 11, Corp:20.17'On 04 N- ';:-•-i, 16'49.b, et4N1 041- Earvie t..-- I.1.1 c•:::. I...1 IAA C-v-evett TliOnison r lareyte SylvrskTitonisr 43100 54 Giof 4f. rn (011. 144 PF BL TC t)100., ecliaOti Koloinsor Melly P4' Vic 12.0 bins° n (OF FRE LEA NATI FREE LEA! NATL. TOP 5c) 2010 -B -05, Donald Robinson, 91 15/16 Sideroad West, Co... Page 65 of 115 5c) 2010 -B -05, Donald Robinson, 91 15/16 Sideroad West, Co... Page 66 of 115 5c) 2010 -B -05, Donald Robinson, 91 15/16 Sideroad West, Co... Page 67 of 115 ‘ok\ cye A o-Y■ oLL■e— 3 yin "z_n■cz, F c gcb \a_ 5c) 2010-B-05, Donald Robinson, 91 15/16 Sideroad West, Co... N OK 15/1‘ 72.- Wen L o L_ 7-0" e_5_0„ A rstlf C_ A :k-CS' CAs.. e C r• "C "5+ cj ig liz,■ 4._ 14- A -0= cLys 1S c, x-11, L el 41. e 1 ht cs\ "k sa*X-4. tke--iime-Alicui_ 5 e' la-ect-t J-k e A p 40/1_0‘ie AzAA:z.W V. tt‘ex, g- \-7) -±ke the, Irirck06 AJ: LA; A. elm -5 is m-3 c■con-IC c.....2nt 0 Page 68 of 115 Proof Heritage, arid"! Fluwe Application No: 2010 -A -04 Meeting Date: March 18, 2010 Roll 4346- 010-010 -14400 REQUIRED CONDITIONS: BACKGROUND: ANALYSIS: TOWNSHIP OF ORO- MEDONTE REPORT To: Committee of Adjustment Subject: Consent Application (Joseph Balkovec) Plan 626, Lot 13 25 Stanley Avenue 5d) 2010 -A -04, Joseph Balkovec, 25 Stanley Avenue, Plan 62... Prepared By: Steven Farquharson, B.URPL Intermediate Planner Motion R.M.S. File D13 -40162 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report so that the raised cottage be located no closer than approximately 1.2 metres from the side lot line. 2. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c. P. 13. 3. That the applicant provide to Planning staff a vegetative plan protect or enhance the existing buffer along the west interior lot line. The purpose of this report is to consider a Variance Application 2010 -A -04, for relief from the Township's Comprehensive Zoning By -law in relation to reducing the minimum required interior side yard setback provision in the SR Zone. The application was deferred by the Committee of Adjustment on March 18, 2010, in order for the applicant to provide to the Township: a) drawing which would show how the location of the proposed dwelling and septic system can be accommodated within the proposed setbacks b) To clarify the intentions regarding the existing garage. The applicant has since provided these items to the Township and thus it is now appropriate for the Committee to consider the application. The applicant is proposing to demolish the existing dwelling and construct a new dwelling, which is proposed to be located within the required interior side yard setback. The property is zoned Shoreline Residential (SR) Zone. The applicant is requesting the following relief from Table B1 of Zoning By -law 97 -95: Development Services Meeting Date April 15, 2010 Application No. 2010 -A -04 Page 1 of 5 Page 69 of 115 Table B1- Minimum Required Interior Side Yard Setback: FINANCIAL: Not applicable. POLICIES /LEGISLATION: 5d) 2010 -A -04, Joseph Balkovec, 25 Stanley Avenue, Plan 62... guired 3.0 metres 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 addition to the existing dwelling the dwelling would be considered a permitted use. On this basis the proposal is considered to conform with the intent of the Official Plan. Proposed 1.2 metres Does the variance comply with the general Intent of the Zoning By -law? The subject property is zoned Shoreline Residential (SR). The Shoreline Residential (SR) Zone permits single detached dwellings. The dwelling was constructed in approximately 1962, it would be considered a non conforming structure as it does not meet the existing interior side yard setback. The purpose of the side yard setback is to ensure that there is unobstructed access from the front to the rear of the property. Maintaining the existing setback on the east property line would not impede access as there is approximately 1.2 metres already existing on the west interior lot line. There is existing vegetation on the eastern property boundary which acts as a buffer between neighbouring property and the existing dwelling. The dwelling would otherwise meet with all other Zoning By -law provisions (such as maximum height, front yard, rear yard and setback to the Lake). On the basis of the above, the proposal is considered to comply with the general intent of the Zoning By -law. Is the variance appropriate for the desirable development of the lot? Based on the site inspection, the proposed single family dwelling addition would appear to be appropriate for the desirable development of the lot. A large existing hedge will provide the abutting dwelling to the west with adequate buffering from the proposed dwelling. The location of the applicants' driveway is situated on the west side of the property due to the location of the proposed septic bed being located north of the proposed dwelling. The applicant is proposing to maintain the 1.2 metre interior side yard setback on the east side in order to be able to access the rear of the property. The Tots in the area including the subject lands are generally similar in size, averaging in width of approximately 15 metres, making it difficult to meet the required setbacks. Schedule 2, shows the surrounding properties interior side yard setbacks. These setbacks show that the proposed setback of 1.2 metres would be in keeping with the surrounding area and would maintain the character of the area. Development Services Meeting Date April 15, 2010 Application No. 2010 -A -04 Page 2 of 5 Page 70 of 115 Planning staff feel that it would be appropriate for the Committee to include a condition that the applicant is to enhance or maintain the existing vegetative buffer along the west interior lot line, to ensure that privacy is maintained with the abutting residential dwelling Is the variance minor? As this application is not anticipated to have an adverse affect on the character of the surrounding residential area, and the neighboring dwellings, the proposed variance is considered to be minor. CONSULTATIONS: Transportation and Environmental Services Building Department Engineering Department Lake Simcoe Conservation Authority- Comments forthcoming ATTACHMENTS: Schedule 1: Location Map Schedule 2: Surrounding Properties CONCLUSION: In the opinion of the Planning Department, Variance Application 2010 -A -04, being to reduce the interior side yard setback from the required 3.0 metres to 1.2 metres, appears to meet the four tests of the Planning Act. Respectfully submitted: Steven FirgulaerKon, .URPL Glenn White, MCIP, RPP Intermediate Planner 5d) 2010 -A -04, Joseph Balkovec, 25 Stanley Avenue, Plan 62... Reviewed by: 1 Manager, Planning Services Development Services Meeting Date April 15, 2010 Application No. 2010-A-04 Page 3 of 5 Page 71 of 115 YV ONN C LU 2 J SUBJECT LANDS 25 STANLEY AVENUE Development Services Application No. 2010 -A -04 SCHEDULE 1: LOCATION MAP 2010 -A -04 (Balkovec) 5d) 2010 -A -04, Joseph Balkovec, 25 Stanley Avenue, Plan 62... LAKE SIMCOE )O 0 15 30 60 90 120 Meters Meeting Date April 15, 2010 Page 4 of 5 Page 72 of 115 Development Services Application No. 2010 -A -04 SCHEDULE 1: SURROUNDING PROPERTIES 2010 -A -04 (Balkovec) 5d) 2010 -A -04, Joseph Balkovec, 25 Stanley Avenue, Plan 62... Meeting Date April 15, 2010 Page 5 of 5 Page 73 of 115 This document is created with trial version of TIFF2PDF Pilot 2.5.78. MARCH 19, 2010 7.6 8.0 2 256 BEARING NOTE 6 ry i.76 BUILDABLE wo1H f J (BY 6r -uwr1 1 1 o BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE SOUTH EASTERLY LIMIT OF STANLEY AVENUE AS SHOWN ON REGISTERED PLAN No. 626 AS KEMPENFELDT AVENUE AND BBNG N32'50 "E. DATE DINO R.S. ASTRI ONTARIO LAND SURVEYOR l20 �2 Aso X 26 SURVEYOR'S CERTIFICATE I CERTIFY THAT: 1) THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEY' ACT, THE SURVEYORS ACT AND THE REGULATIONS MADE UNDER THEM. 2) THE SURVEY WAS COMPLETED ON 11-16 215T DAY OF SEPTEMBER, 2009 SURVEYOR'S REAL PROPERTY REPORT (PART 1) PLAN OF ALL OF LOT 13 REGISTERED PLAN No. 626 (GEOGRAPHIC TOWNSHIP OF ORO) TOWNSHIP OF ORO— MEDONTE COUNTY OF SIMCOE mot 0 M- 0 0 v F- S o z J 0 o o e 0 5 NOTE THIS SURVEY WAS MODIFIED FROM THE ORIGINAL SURVEY FOR A COMMITTEE OF ADJUSTMENT APPLICATION. ELEVATION NOTE ELEVATIONS SHOWN HEREON ARE GEODETIC AND ARE DERIVED FROM MNR VERTICAL CONTROL MONUMENT No. 001673109 HAVING AN ELEVATION OF 220.21m. METRIC DISTANCES SHOWN ON 1111S PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048. DRAWN BY: LS/DA 5d) 2010 -A -04, Joseph Balkovec, 25 Stanley Avenue, Plan 62... 0 LEGEND 5 NM III SCALE 1:250 DINO R.S. ASTRI. O.LS. DENOTES O DENOTES SIB DENOTES RIB DENOTES IB DENOTES IT DENOTES WIT DENOTES -X—X- DENOTES (738) DENOTES (1255) DENOTES (P1) DENOTES (OU) DENOTES DENOTES DENOTES ©COPYRIGHT 2010 10 15 20m FOUND SURVEY MONUMENT PLANTED SURVEY MONUMENT STANDARD IRON -BAR ROUND IRON BAR IRON BAR IRON TUBE WITNESS FENCING R.C. KIRKPATRICK, 0.L5. R.C. RAIKES, 0.LS. PLAN No. 626 ORIGIN UNKNOWN CONIFEROUS TREE DECIDUOUS TREE DINO ASTRI SURVEYING LTD. 1 -661 Welham Road, Barrie, Ontario, L4N OB7 Phone: 705.792 -6780 Fax: 705-792-4164 www.astrisurveying.Com CHECKED BY: DRSA I PROJECT No. 9176- SRPR_COFA Page 74 of 115 rhis document is created with trial version of TIFF2PDF Pilot 2.5.78. VIO 'IA 'OS S8t J aOOMwIaug S 3 IT O H In= .LSW J.Il•AA1 W0 0 11 11111K1 N CD 7 2' o 0 rhis document is created with trial version of TIFF2PDF Pilot 2.5.78. 'IA "OS S81I (100Ma 5 g N 0 FI Atom LW," 5d) 2010-A-04, Joseph Balkovec, 25 Stanley Avenue, Plan 62... Page 77 of 115 Page 78 c Existing buffer along interior lot line O O E O N O O a) Es al v) v) c 5d) 2010 -A -04, Joseph Balkovec, 25 Stanley Avenue, Plan 62... Page 80 of 115 5d) 2010 -A -04, Joseph Balkovec, 25 Stanley Avenue, Plan 62... Page 81 of 115 5d) 2010 -A-04, Joseph Balkovec, 25 Stanley Avenue, Plan 62... Page 82 of 115 Proud Heritage, Exiting name Application No: To: Committee of Adjustment 2010 -A -07 Meeting Date: April 15, 2010 Roll 4346 -010- 005 -017 REQUIRED CONDITIONS: 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 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 BACKGROUND: The purpose of this report is to consider Variance Application 2010 -A -02, for relief from the Township's Comprehensive Zoning By -law in relation to the required setback from the Environmental Protection (EP) Zone. ANALYSIS: The applicant is proposing to construct an addition to the existing single dwelling. The south -west portion of the property contains Environmental Protection (EP) Zoning. The applicant is requesting the following relief from Section 5.28 of Zoning By -law 97 -95: FINANCIAL: Not applicable. Setback to EP Zone jguiredl 30 metres (98.4 feet) TOWNSHIP OF ORO- MEDONTE REPORT Subject: Variance Application (Sheila Sinclair King) 160315/16 Sideroad East, Lot 16, Concession 12 5e) 2010 -A -07, Sheila Sinclair King, 1603 15/16 Side... Setback to EP Zone jguired), 20 metres (65.6 feet) Prepared By: Steven Farquharson, B.URPL Intermediate Planner Motion R.M.S. File D13 -40373 Development Services Meeting Date April 15, 2010 Application No. 2010-A-07 Page 1 of 5 Page 83 of 115 POLICIES/LEGISLATION: Does the variance conform to the general Intent of the Official Plan? 5e) 2010 -A -07, Sheila Sinclair King, 1603 15/16 Side... The property is designated Agricultural in the Official Plan. Section C1.2 of the Plan states that "permitted uses on lands designated Agricultural...are single detached dwellings [and accessory buildings to such]°. Therefore, the addition 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 Plan. Does the variance comply with the general intent of the Zoning By -law? The subject property is zoned Agricultural /Rural (A/RU) Zone and Environmental Protection (EP) Zone. Permitted uses in the A/RU Zone include single detached dwellings and accessory buildings. The proposed addition would not detract from the overall character of the lot and surrounding land uses. One of the purposes of regulating structures being built within the required Environmental Protection setback is to maintain and enhance the ecological integrity of the natural heritage system, to ensure that development does not occur on lands that are unstable or susceptible to flooding and to ensure that development does not occur on hazardous slope. The application has been sent to Lake Simcoe Conservation Authority (LSRCA), with comments forthcoming. The proposed addition onto the existing dwelling would otherwise meet with all other Zoning By -law provisions (such as maximum height, interior side yard, rear yard) On the basis of the above, the proposal is considered to comply with the general intent of the Zoning By -law. Is the variance appropriate for the desirable development of the lot? Based on the site inspection, it was noted that the existing dwelling is a non conforming structure in terms on setbacks to the Environmental Protection (EP) Zone boundary, therefore any addition or alteration to the dwelling would require a variance. The proposed addition is further away from the Environmental Protection (EP) Zone then the existing dwelling. This proposal would appear not to adversely affect the environmental features anymore than the existing dwelling. 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: Transportation and Environmental Services Building Department Engineering Department Lake Simcoe Conservation Authority- Comments Forthcoming Development Services Meeting Date April 15, 2010 Application No. 2010 -A -07 Page 2 of 5 Page 84 of 115 ATTACHMENTS: Schedule 1: Location Map CONCLUSION: Respectfully submitted: Stevefrt"arquharson, B.URPL Intermediate Planner 5e) 2010 -A -07, Sheila Sinclair King, 1603 15/16 Side... In the opinion of the Planning Department, Variance Application 2010 -A -07, is to construct an addition onto the existing dwelling, and have the required setback to the Environmental Protection (EP) Zone, reduced to 20 metres, appears to meet the four tests of the Planning Act for a minor variance Reviewed by: Glenn White, MCIP, RPP Manager of Planning Services Development Services Meeting Date April 15, 2010 Application No. 2010 -A -07 Page 3 of 5 Page 85 of 115 SCHEDULE 1: LOCATION MAP 2010 -A -07 (King) SUBJECT LANDS 5e) 2010 -A -07, Sheila Sinclair King, 1603 15/16 Side... 3060 120 180 240 Meters i` n Development Services Meeting Date April 15, 2010 Application No. 2010 -A -07 Page 4 of 5 Page 86 of 115 g, ,,AA":;) i •51/6, :.`.:7`xe-,.. v q• 1 I '1 I 1 1 i t i I i 1 1 t A 1,72imIEY, r- ./1 7 .57 i lk t, --41 ).4 i P Ar c i)D,fi. 7 Weil F2 1 1 i. t13.5'1'.5M 4 (v. SCHEDULE 2: SITE PLAN 2010-A-07 (King) 5e) 2010-A-07, Sheila Sinclair King, 1603 15/16 Side... lc,d3 15/A. skkozotk csvia.-14.estkerwk cu1/4) Development Services Meeting Date April 15, 2010 Application No. 2010-A-07 Page 5 of 5 Page 87 of 115 •Inewma• E I 5C 7 1 r=•, Pt. N '57 re■ Q t re? p 4\c- (o61 I -1\ 5e) 2010-A-07, Sheila Sinclair King, 1603 15/16 Side... A S tk c 1 /Gc>3 1$//C S'ickce:yzksk CAvs— ON) Page 88 of 115 LJ m FRONT VIEW hark -crlott VIII IIINIIIIII�INIII II MI= SIM SIDE VIEW R la•rp MAC .mr MII I WI CMS® RFAR VFW ME MR SNIAI2 Sts. rr �.v IIIN.II l Ii VIII mom SIM f0) Li ROM I I I t WA/ v ROW l001I100 Amn. aol ILIJNO AMC r01311W MAIM I. WW1 SYMMMOM 19I-DICKM rla AL u rtow Mete to n �uknau WM. A4 MOM rm MVOS M N AtlaL. .40 prAOL 1.01 NEW woma 1603 15/16 SIDE RD. A3 10 -004 70901C9. .,h fl!1rru I m MO mro wn d 1 ffi ±1 XID I w1 I VOW FM s -r I r• I ..r 1 rx m MAIN Fl OOR PI AN (SECOND FLOOR FRAMING) IT SSI m SECOND FLOOR PLAN ormarrrwrr •-r I. -r I r -r I .-fr FOUNDATION PLAN s. IN•I'd Raul131 ma nm wM IV rus 1M1 „f-rti L__J J /1 >rI L9 uLL maa ml »S 01.11 ar /f MOM reijigr .Ir of rumps 01 RAM (e,rU 0 wr a -x V.r1 a -x lr.0 In SWUM MC M T 1 .'-r T r /19x.,011 I MwaPP no ru A rsw .r 7'1 (MI rx !I I I 1109 PM [11 01 I I owwnn mwsns 1- m1.xx4 x.p),ra aM. Rl u,:a. 71.-3 ell x,M. Wxxm w. Nsrx x M.1»xxlx 0lx9,Vxs/le.(axxmar. sue. (4t uoy o (W xar-0rrosy as sun 1 1. ed ®us�u 6 WO to ernoxi MOM ISO Iwav ImE mos nr M) MOM .1100103 1 9119 MAWS 191 0115095 n mamvm NM ncauow M 11.11. NEW aA01l1 1603 15/16 SIDE RD. orurvmiR, omno W I. venom M. MHO sm Ai pro 1 10 -004 ig 0 c,a o, o m I 6 o P o a 5e) 2010 -A -07, Sheila Sinclair King, 1603 15/16 Side... Page 91 of 115 5e) 2010-A-07, Sheila Sinclair King, 1603 15/16 Side... Page 94 of 115 ■S1 Front of proposed addition r Y Existing Dwelling from EP boundary ANALYSIS: V" tte Prod HMteggt, Eakin &tare Application No: 2010 -A -09 Meeting Date: April 15, 2010 Roll 4346- 010 005-03960 REQUIRED CONDITIONS: BACKGROUND: TOWNSHIP OF ORO- MEDONTE REPORT To: Committee of Adjustment Subject: Variance Application Andrew and Claudia Geen Lots 2, Plan 629 3 Nelson Street 5f) 2010 -A -09, Andrew and Claudia Geen, 3 Nelson Street, P... The following conditions are required to be imposed on the Committee's decision: Prepared By: Steven Farquharson, B.URPL Intermediate Planner Motion R.M.S. File D13 -40372 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision in writing that: That the proposed boathouse maintain an interior side yard setback of 0.5 metres 2. That the applicants obtain approval from the Nottawasaga Valley Conservation Authority under the Conservation Authorities Act. 3. Nothwithstanding Section 5.6 (a), that the proposed boathouse meets all other provisions of Section 5.6 of Zoning By -law 97 -95; 4. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 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. The purpose of this report is to consider a Variance Application 2010 -A -09, for relief from the Township's Comprehensive Zoning By -law in relation to the required interior side yard setback provision for boathouses. The applicants are proposing to construct a single storey boathouse on Bass Lake, which is proposed to have a total area of 34.8 m (375 ft The applicants are requesting the following relief from Zoning By -law 97 -95: Development Services Meeting Date April 15, 2010 Application No. 2010 -A -09 Page 1 of 5 Page 99 of 115 5f) 2010 -A -09, Andrew and Claudia Geen, 3 Nelson Street, P... 1. Section 5.6 a) Minimum interior side yard setback for a boathouse from the required 2 metres (6.5 feet) to a proposed 0.5 metres (1.6 feet). FINANCIAL: Not applicable. POLICIES /LEGISLATION: Does the variance conform to the general intent of the Official Plan? The property is designated Shoreline in the Official Plan. Section D10.1 which contains the Shoreline policies in the Township's Official Plan sets out the following objectives: To maintain the existing character of this predominantly residential area. To protect the natural features of the shoreline area and the immediate shoreline. The applicant is not requesting an increase in boathouse area or a variance for height just for the interior side yard setback. The requested interior side yard setback variance would appear to maintain the character of the shoreline area. On this basis, the proposed variance would therefore conform with the intent of the policies contained in the Official Plan. Does the variance comply with the general intent of the Zoning By -law? The subject property is zoned Shoreline Residential (SR) in Zoning By -law 97 -95. The intent of the By -law is to establish setback requirements, which assist in preserving the natural shoreline and maintaining the residential character. The purpose of the By -law for regulating the location and height of boathouses is to prevent over development shoreline which would ultimately impact the character of the shoreline. The proposed boathouse meets the height provisions of the By -law and the percentage of water frontage occupied by the structure. The applicant has indicated the purpose of requesting a 0.5 metre setback from the interior side yard setback is to have minimal impact on the existing shoreline and to maintain an unobstructed view of Bass Lake from the existing dwelling. Due to the topography of the shoreline the proposed boat is being constructed into the shoreline bank, which would allow for it to maintain the height restrictions, and not over development the shoreline. This would explain why the corner of the boathouse located on the lake side is proposed to be 0.5 metres. Therefore, the proposed variance would appear to maintain the intent of the Zoning- By -law provisions On this basis the variance is deemed to conform to the general intent of the Zoning by -law. Is the variance appropriate for the desirable development of the lot? Based on the site inspection, the proposed interior side yard setback for the boathouse would appear to be appropriate for the desirable development of the lot and in keeping with the surrounding shoreline area. Development Services Meeting Date Aprli 15, 2010 Application No 2010-A-09 Page 2 of 5 Page 100 of 115 It should be noted that there is an existing non conforming fence along the interior side property line of the proposed boathouse which will provide a visual buffer to the neighboring property. The area in which the applicant is proposing to build the boathouse is free and any significant tree coverage, which will allow for there to be maximum tree preservation on the property. When a site inspection was completed by staff, it was noted that the neighbouring boathouses at 9, 15, 23 Nelson Street all have similar style of boathouses with approximate interior side yard setbacks of equal or Tess then what the applicant is proposing. Given that the proposed boathouse will not result in the over- development of the subject lot or the shoreline, the proposal is considered appropriate for the desirable development of the subject lot. Is the variance minor? As this application should not adversely affect the character of the surrounding area, the proposed variance is considered to be minor. CONSULTATIONS: Transportation and Environmental Serivices- Building Department Engineering Department Nottawasaga Valley Conservation Authority- No Objection (Comments Attached) ATTACHMENTS: 1. Location Map 2. Site Plan CONCLUSION: In the opinion of the Planning Department, Variance application 2010 -A -09, being to grant reduced interior side yard setback from the required 2.0 metres to 0.5 metres for the construction of a boathouse, appears to meet the four tests of the Planning Act. Respectfully submitted: G Stev hrahars B.URPL Intermediate Planner 5f) 2010 -A -09, Andrew and Claudia Geen, 3 Nelson Street, P... Reviewed by: Glenn White, MCIP, RPP Manager, Planning Services Development Services Meeting Date Apr1115, 2010 Application No. 2010 -A-09 Page 3 of 5 Page 101 of 115 SUBJECT LANDS 3 NELSON STREET BASS LAKE 5f) 2010 -A -09, Andrew and Claudia Geen, 3 Nelson Street, P... SCHEDULE 1: LOCATION MAP 2010 -A -09 (Geen) 0 510 20 30 40 X71 Meters Development Services Meeting Date April 15, 2010 Application No. 2010 -A -09 Page 4 of 5 Page 102 of 115 Development Services Application No. 2010 -A-09 o1p 55"4-. °a" 66 SCHEDULE 2: SITE PLAN 2010 -A -09 (Geen) NELS?}t. STREET (Br RED!' D PLAN 6291• PIN 90031- 0461 5f) 2010 -A -09, Andrew and Claudia Geen, 3 Nelson Street, P... BASS LAKE MK 66011- 6096 N 1 Meeting Date April 15, 2010 Page 5 of 5 L E G E n t Page 103 of 115 5f) 2010-A-09, Andrew and Claudia Geen, 3 Nelson Street, P. reitit34, 44/142a1O4.10/0 titz4W 8 6ge) 1 1 Page 104 104 of 115 f 5f) 201 Andrew and Claudia Geen, 3 Nelson Street, P... Page 105 of 115 Steven Farquharson, Secretary- Treasurer Committee of Adjustment Township of Oro Medonte P.O. Box 100 Member Oro, Ontario Municipalities LOL 2X0 Adja la- Tosorontio Amaranth Barrie The Blue Mountains Bradford -West Gwillimbury Clearview Collingwood Essa Grey Highlands Innisfil Melancthon Mono Mulmur New Tecumseth Oro Medonte Shelburne Springwater Wasaga Beach Dufferin Grey Sirncoe Member of Conservation ONTARIO i Ch,n,y;«,.s April 6, 2010 Dear Mr. Farquharson; Watershed Tim Salkeld Counties Resource Planner 5f) 2010 -A -09, Andrew and Claudia Geen, 3 Nelson Street, P... Re: Application for Minor Variance 2010 -A -09 Plan 629, Lot 2, 3 Nelson Street Township of Oro- Medonte (Formerly Township of Oro) 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. We advise a permit under the Conservation Authorities Act will be required from the NVCA prior to construction of the boathouse. The purpose of the permit is to insure adequate floodproofing of the structure and protection of environmental attributes associated with Bass Lake. Thank you for circulating this application for our review and please forward a copy of any decision. Sincerely, 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 106 of 115 1 0 r c) a) ca d 5f) 2010-A-09, Andrew and Claudia Geen, 3 Nelson Street, P... Page 108 of 115 5f) 2010 -A -09, Andrew and Claudia Geen, 3 Nelson Street, P... Page 109 of 115 5f) 2010 -Q9, Andrew Nelson Street, P... Page 110 of 115 5f) 2010-A-09, Andrew and Claudia Geen, 3 Nelson Street, P... Page 111 of 115 ©1 6u p ogtAe ta" 5f) 2010 -A -09, Andrew and Claudia Geen, 3 Nelson Street, P... Page 113of115 5f) 2010 -A -09, Andrew and Claudia Geen, 3 Nelson Street, P... Page 114 of 115 5f) 2010-A-09, Andrew and Claudia Geen, 3 Nelson Street, P... Page 115 of 115