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05 20 2010 C o A AgendaPage 1. OPENING OF THE MEETING BY THE CHAIR 2. ADOPTION OF AGENDA a) Motion to Adopt the Agenda 3. DISCLOSURE OF PECUNIARY INTEREST 4. ADOPTION OF MINUTES 5 -12 a) Minutes of Committee of Adjustment meeting held on April 15, 2010. 5. TOWNSHIP OF ORO- MEDONTE �..� COMMITTEE OF ADJUSTMENT �\ MEETING AGENDA � COUNCIL CHAMBERS Toumship of land. Proud Heritage, Exciting Future THURSDAY, MAY 20, 2010 TIME: 9:30 A.M. 1. OPENING OF THE MEETING BY THE CHAIR 2. ADOPTION OF AGENDA a) Motion to Adopt the Agenda 3. DISCLOSURE OF PECUNIARY INTEREST 4. ADOPTION OF MINUTES 5 -12 a) Minutes of Committee of Adjustment meeting held on April 15, 2010. 5. PUBLIC MEETINGS: 13 -28 a) 2010 -B -12 - Ralph and Joyce Hayes, 1307 Line 3 North, Concession 4, East Half Lot 12 (Former Township of Oro), Technical severance to create a lot which once existed as a separate parcel of land. 29 -45 b) 2010 -B -13 - Ralph and Joyce Hayes, 1307 Line 3 North, Concession 4, West Half Lot 12 (Former Township of Oro), Technical severance to create a lot which once existed as a separate parcel of land. 47 -63 c) 2010 -B -06 - Coulson Ridge Estates Ltd, Concession 7, Lot 3 (Former Township of Oro), Technical severance to create a lot which once existed as a separate parcel of land. 65 -78 d) 2010 -B -07 - Ridgoro Farms Ltd, 280 Ridge Road East, Concession 8, Part of Lot 23 and 24 (Former Township of Oro), Technical severance to create a lot which once existed as a separate parcel of land. Break: 5 minutes 79 -86 e) 2010 -B -08 - John and Pauline Warnica, 25 Baycrest Drive, Plan 1069, Lot 9 (Former Township of Oro), Boundary adjustment. Page 1 of 267 Page 5. PUBLIC MEETINGS: 87 -98 f) 2010 -A -12 - Catherine Cudmore, 35 Penetanguishene Road, Plan 1069, Lot 8 (Former Township of Oro), Recognize an existing pool that was constructed within the required rear yard setback. 99 -117 g) 2010 -B -09 - Brian Strachan, 1247 Line 8 North, Concession 9, Lot 13 (Former Township of Oro), Technical severance to create a lot which once existed as a separate parcel of land. 119 -131 h) 2010 -B -10 - Gordon Rankin, 3750 Line 10 North, East Half of Lot 3, Concession 10 (Former Township of Medonte), Boundary adjustment. Break: 5 minutes. 133 -137 i) 2010 -B -11 - Claro Construction Ltd, 1441 Line 4 North, Concession 5, Part of Lot 12 (Former Township of Oro), Technical severance to create a lot which once existed as a separate parcel of land. 139 -156 j) 2010 -B -14 - Allan Shelswell, 127 Line 12 North, Concession 13, Lot 9 (Former Township of Oro), Technical severance to create a lot which once existed as a separate parcel of land. 157 -168 k) 2010 -B -15 - Robert Drury, 661 Penetanguishene Road, Boundary adjustment. Lot 12, Concession 1 (Former Township of Oro), 169 -181 1) 2010 -B -16 - Michael and Katherine Vandergeest, 2555 Dunns Line, Concession 14, Lot 14 (Former Township of Medonte), Technical severance to create a lot which once existed as a separate parcel of land. 183 -202 m) 2010 -B -17 - Ronald Briggs, 834 Line 7 North, Concession 7, Part of Lot 14 and 15 (Former Township of Oro), Technical severance to create a lot which once existed as a separate parcel of land. Break: 5 minutes. 203 -215 n) 2010 -A -10 - Anna Gordon, 11 Stanley Avenue, Plan 626, Lot 6 (Former Township of Oro), Relief from setback from average high water mark of Lake Simcoe and front yard setback. Page 2 of 267 Page 5. PUBLIC MEETINGS: 217 -227 o) 2010 -A -13 - John N Johnson Construction Ltd, Part of Lot 1, Concession 14, Lots 9, 10, 11, 12, 13, 14 and 15 of Proposed Draft Plan of Subdivision 43T -93003 (Former Township of Oro), Relief from the required minimum lot frontage. 229 -244 p) 2010 -A -11 -Dave and Valerie Hamill, 1868 Mount St. Louis Road E, Concession 13, Part Lot 9, RP 51R2880 PT PART 1 (Former Township of Medonte), Relief from maximum height and maximum floor area. 245 -267 q) 2010 -A -14 - Michael and Kelly Brown, 2299 Lakeshore Road East, Lot 81, Plan 952(Former Township of Oro), Relief from interior side yard setback. 6. NEW BUSINESS: 7. NEXT MEETING DATE Thursday, June 17, 2010 at 9:30 a.m. 8. ADJOURNMENT a) Motion to Adjourn Page 3 of 267 Page 4 of 267 4a) - Minutes of Committee of Adjustment meeting held on April 15,... T I ctf � we Prurrd ' Thursday, April 15, 2010 THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Present: Bruce Chappell, Chair Lynda Aiken Roy Hastings Michelle Lynch Regrets: Garry Potter Time: 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 Agenda. Motion No. CA100415 -1 Moved by Aiken, Seconded by Lynch It is recommended that the Committee of Adjustment agenda for Thursday, April 15, 2010 be received and adopted. Carried. 3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — IN ACCORDANCE WITH THE ACT" None declared. 4. ADOPTION OF MINUTES a) Motion to Adopt Minutes. Motion No. CA100415 -2 Moved by Lynch, Seconded by Aiken It is recommended that the minutes of the Committee of Adjustment meeting held on Thursday, March 18, 2010 be adopted as printed and circulated. Carried. Page 1 of 8 Page 5 of 267 4a) - Minutes of Committee of Adjustment meeting held on April 15,... Committee of Adjustment Minutes —Thursday, April 15, 2010 5. PUBLIC MEETINGS: a) 2010 -B -03, Stuart and Shirley Woodrow, Part of Lot 20, Concession 7, (Former Township of Oro), Boundary adjustment. Stuart and Shirley Woodrow, Applicants, were present. Motion No. CA100415 -3 Moved by Aiken, Seconded by Hastings It is recommended that the Committee of Adjustment grant Provisional Consent to Application 2010 -B -03, being to permit a boundary adjustment. The subject land being a strip of land having an approximate frontage of 6.10 metres (20 feet) on Line 7 North, an approximate depth of 123 metres (403 feet) and an approximate 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), 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 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; and 4. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 2 of 8 Page 6 of 267 4a) - Minutes of Committee of Adjustment meeting held on April 15,... Committee of Adjustment Minutes —Thursday, April 15, 2010 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. Cameron Sellers, Agent, was present. Eric Cole questioned the type of commercial business could operate on the properties. Motion No. CA100415 -4 Moved by Aiken, Seconded by Lynch It is recommended that the Committee of Adjustment deferrers Variance Application 2010 -A -08 and Consent Application 2010 -B -04 for the following reasons: 1. 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; 2. 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; 3. The septic system location and setbacks must be verified on lot# 298 Shanty Bay Road; 4. Verification of the well location on the lands to be conveyed, which must be on the same lands as the house, it serves; and 5. To obtain comments from the County of Simcoe. Carried. Page 3 of 8 Page 7 of 267 4a) - Minutes of Committee of Adjustment meeting held on April 15,... Committee of Adjustment Minutes —Thursday, April 15, 2010 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. Donald and Gail Robinson, Applicants, were present. The Committee received correspondence dated April 12, 2010 from Ian E. Thomson. Motion No. CA100415 -5 Moved by Hastings, Seconded by Aiken It is recommended that the Committee of Adjustment grants provisional approval for Consent Application 2010 -B -05, being a technical severance to create a lot which once existed as a separate parcel of land. The lands proposed to be severed would have a lot frontage along 15/16 Sideroad West of approximately 185 metres (610 feet), and approximately 557 metres (1830 feet) on Line 7 North, with a lot depth of approximately 603 metres (1980 ft) and a lot area of approximately 19.8 hectares (49 acres), subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor and submitted to the Secretary - Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; Furthermore, the legal description 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; and 3. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 4 of 8 Page 8 of 267 4a) - Minutes of Committee of Adjustment meeting held on April 15,... Committee of Adjustment Minutes —Thursday, April 15, 2010 d) 2010 -A -04, Joseph Balkovec, 25 Stanley Avenue, Plan 626, Lot 13 (Former Township of Oro), Relief from interior side yard setback. Dino Astri, Agent, was present. Robert Ward asked that the vegetated buffer be maintained. Motion No. CA100415 -6 Moved by Aiken, Seconded by Hastings It is recommended that the Committee of Adjustment grants Variance Application 2010 - A-04, being to construct a new dwelling, which is proposed to be located approximately 1.2 metres from the interior side yard setback, subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report so that the dwelling be located no closer than approximately 1.2 metres from the west 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; 4. That the applicants obtain approval from the Lake Simcoe Region Conservation Authority under the Conservation Authorities Act. Carried. Page 5 of 8 Page 9 of 267 4a) - Minutes of Committee of Adjustment meeting held on April 15,... Committee of Adjustment Minutes —Thursday, April 15, 2010 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. Danny Prospero, Agent, was present. Motion No. CA100415 -7 Moved by Hastings, Seconded by Lynch It is recommended that the Committee of Adjustment grants Variance Application 2010 -A -07, being to construct an addition to the existing single dwelling within the required setback to Environmental Protection (EP) Zone boundary, 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.; and 3. That the applicant obtains any permits and /or approvals, if required, from Lake Simcoe Region Conservation Authority. Carried. Page 6 of 8 Page 10 of 267 4a) - Minutes of Committee of Adjustment meeting held on April 15,... Committee of Adjustment Minutes —Thursday, April 15, 2010 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. Andrew Geen, Applicant, was present. Motion No. CA100415 -8 Moved by Lynch, Seconded by Hastings It is recommended that the Committee of Adjustment approves Variance Application 2010 -A -09, being to construct a single- storey boathouse with an interior side yard setback of approximately 0.5 metres, subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision in writing 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. Notwithstanding 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; and 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 7 of 8 Page 11 of 267 4a) - Minutes of Committee of Adjustment meeting held on April 15,... Committee of Adjustment Minutes —Thursday, April 15, 2010 6. NEW BUSINESS: None. 7. NEXT MEETING DATE Thursday, May 20, 2010 at 9:30 a.m. 8. ADJOURNMENT a) Motion to Adjourn. Motion No. CA100415 -9 Moved by Aiken, Seconded by Lynch It is recommended that we do now adjourn at 10:54 a.m. Carried. Bruce Chappell, Chair Steven Farquharson, Secretary Treasurer Page 8 of 8 Page 12 of 267 5a) - 2010 -13-12 - Ralph and Joyce Hayes, 1307 Line 3 North, ... REPORT Proud Hnit.A" Es'W" Fvw UIRED CONDITIONS: following conditions are required to be imposed on the Committee's decision: That three copies of a Reference Plan for the subject land indicating the severed parcel 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 t parcel severed, for review by the Municipality; Furthermore, the legal description and t parcel description of the recreated parcels be identical to that contained in the original de 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 date of the giving of the notice. ROUND: e purpose of Consent application 2010 -B -12 is for a technical severance to create a lot which or isted as a separate parcel of land. The lands proposed to be severed would have a lot frontage )ng Line 4 N of approximately 457 metres (1502 feet), with a lot depth of approximately 670 metr 200 feet) and a lot area of approximately 39 hectares (98 acres). The lands to be retained would ve a lot area of approximately 20 hectares (50 acres) and currently contains a dwelling and varic tbuildings. -he purpose of Consent application 2010 -B -13 is for a technical severance to create a lot which one existed as a separate parcel of land. The lands proposed to be severed would have a lot frontage ilong Line 3 N of approximately 123 metres (403 feet), with a lot depth of approximately 414 metres 1360 feet) and a lot area of approximately 5.6 hectares (14 acres). The lands to be retained would lave a lot area of approximately 20 hectares (50 acres) and currently contains a dwelling and variou ►utbuildings. Development Services Meeting Date: May 20, 2010 Application No. 2010 -13-12 & 2010 -B -13 Pa6dggfYg1 67 pplication No: To: Committee of Adjustment Prepared By: 010 -B -12 and 2010 -13- Andria Leigh, MCIP, RPP 3 Director, Development Services eeting Date: Subject: Consent Application Motion # ay 20, 2010 Ralph and Joyce Hayes Concession 4, East Half of Lot 12 (Former Township of Oro), toll #: R.M.S. File #: 346- 010 - 002 -092 1307 Line 3 North D10 -40424 & D10 -40525 UIRED CONDITIONS: following conditions are required to be imposed on the Committee's decision: That three copies of a Reference Plan for the subject land indicating the severed parcel 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 t parcel severed, for review by the Municipality; Furthermore, the legal description and t parcel description of the recreated parcels be identical to that contained in the original de 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 date of the giving of the notice. ROUND: e purpose of Consent application 2010 -B -12 is for a technical severance to create a lot which or isted as a separate parcel of land. The lands proposed to be severed would have a lot frontage )ng Line 4 N of approximately 457 metres (1502 feet), with a lot depth of approximately 670 metr 200 feet) and a lot area of approximately 39 hectares (98 acres). The lands to be retained would ve a lot area of approximately 20 hectares (50 acres) and currently contains a dwelling and varic tbuildings. -he purpose of Consent application 2010 -B -13 is for a technical severance to create a lot which one existed as a separate parcel of land. The lands proposed to be severed would have a lot frontage ilong Line 3 N of approximately 123 metres (403 feet), with a lot depth of approximately 414 metres 1360 feet) and a lot area of approximately 5.6 hectares (14 acres). The lands to be retained would lave a lot area of approximately 20 hectares (50 acres) and currently contains a dwelling and variou ►utbuildings. Development Services Meeting Date: May 20, 2010 Application No. 2010 -13-12 & 2010 -B -13 Pa6dggfYg1 67 5a) - 2010 -13-12 - Ralph and Joyce Hayes, 1307 Line 3 North, ... 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 applicant's name. The summary of the deeds which support this timeline are attached to this report. ANALYSIS: The purpose of consent applications 2010 -B -12 and 2010 -B -13 are for technical severances to re- create the three 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 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 deeds, the easterly 39 hectares (98 acres) were acquired in 1962 and caused the merger on title with the balance of the lands owned by Hayes being the 20 hectares subject to Consent application 2010 -13-13 which had been acquired in 1959 and 1962 respectively. Each of the three parcels subject to these two applications was a separately conveyable parcel prior to 1962 and 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 historical acquisitions of each of the three parcels by Ralph and Joyce Hayes. 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 lots. The registry search confirms that PIN 0050 was separated in 1956 and PIN 0085 in 1840. The Township will require that a surveyor confirm the new lots match the original description. Development Services Meeting Date: May 20, 2010 Application No. 2010 -B -12 & 2010 -B -13 Page 2 of 8 Page 14 of 267 5a) - 2010 -13 -12 - Ralph and Joyce Hayes, 1307 Line 3 North, ... d) Can be adequately serviced by on -site sewage and water system; Each of the three parcels is of an adequate size to permit the establishment of private services, this would be further confirmed prior to the issuance of any building permits. e) Fronts on a public road that is maintained year -round by public authority, The parcels front onto Line 4 North and Line 3 North, both are which are maintained year -round by a public authority. f) There are no public interest served by maintaining the property as a single conveyable parcel; In assessing the merits of the application and the historical merger of the properties, there does not appear to be any public interest that would require the parcel to remain as on single conveyable parcel. . g) Conforms with Section D2.2.1 of this Plan; and, Section D2.2.1 of the Plan is discussed below. 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 and retained lands would have frontage on Line 4 North and Line 3 North respectively, which are both 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, These applications propose to recreate a total of three lots. Significant traffic volumes are not anticipated to be generated by any additional dwellings if located on the severed lands. The applicant will be required to apply for and obtain an entrance permit from the Township Public Works Department, at the time of considering any application for a new dwelling. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By -law and is compatible with adjacent uses; The application proposes to recreate lots that once existed, which has inadvertently been merged on title. The proposed severed lands would have a frontage along Line 4 North with a lot area of 39 hectares (98 acres). The lands to be retained have frontage on Line 3 North are the subject to the second Consent application 2010 -13-13 and would contain lot areas of 5.6 hectares (14 acres) and 20 hectares (50 acres) respectively. 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 and retained lots do meet the lot area and frontage of the A/RU Zone. Development Services Meeting Date: May 20, 2010 Application No. 2010 -13-12 & 2010 -13-13 Page 3 of 8 Page 15 of 267 5a) - 2010 -13-12 - Ralph and Joyce Hayes, 1307 Line 3 North, ... e) Can be serviced with an appropriate water supply and means of sewage disposal, The applicant will be required at the time of any submission of a 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. 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; There are portions of both the severed and retained lots that are regulated by the Nottawasaga Valley Lake Simcoe Region Conservation Authority, who have been circulated for their comments. As stated on the application, the lands located on Line 3 North currently contain the dwelling and farm buildings and any additional buildings would be subject to the applicable review and permits from the NVCA if located within the regulated area. On the severed lands, which are currently vacant, it is anticipated that buildings would be constructed outside of the regulated area. 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 that 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. County Official Plan In analyzing this Zoning By -law Amendment application, Township staff reviewed both the County Official Plan currently in effect as well as the Official Plan adopted by County Council in November 2008. Specifically, Section 3.6 contains the Agricultural policies which are required to be considered in assessing the proposed technical severance application. Section 3.6.6 states that new lots should be not less than 36 hectares or the original survey lot size, whichever is the lesser. As stated above, these three lots merged in 1962 and prior to that time were separately conveyable parcels. Each of the parcels is viable for agricultural purposes in the future and therefore it is considered appropriate to re- create these parcels at the land size previously in existence. The proposed technical severance would be consistent with the surrounding land uses and has been determined that it conforms to the policies of the County Plan. The adopted County Plan continues to include the policies discussed Development Services Meeting Date: May 20, 2010 Application No. 2010 -13-12 & 2010 -13-13 Page 4 of 8 Page 16 of 267 5a) - 2010 -13-12 - Ralph and Joyce Hayes, 1307 Line 3 North, ... above and therefore, it is our opinion that the proposed development generally conforms to the policies of both County Official Plans (approved and adopted). Provincial Policv Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Policy 2.3 contains the policies for Agriculture areas, Section 2.3.4 provides the policies for lot creation and lot adjustments and provides the ability for lots for agricultural uses provided that the lots are of a size appropriate for the type of use common to the area and sufficiently large to maintain flexibility for future changes in type or size of agricultural operation. The proposed Consent applications are intended to re- create parcels of land which was previously separately conveyable being 5.6 hectares (14 acres), 20 hectares (50 acres), and 39 hectares (98 acres) respectively. The proposed use for agricultural and residential and would be consistent with other lots of record in the surrounding area. In Policy 1.6, "Infrastructure and Public Service Facilities ", addresses issues such as the use of existing infrastructure and public service facilities should be optimized, wherever feasible, before consideration is given to developing new infrastructure and public service facilities. The lot would be serviced by an individual well and private septic system at the time that any buildings were proposed to be constructed. The proposed Consent application which provides for the technical severance to re- create lots which was separately conveyable and based on the lot areas could be utilized for agricultural use and are considered to be consistent with the Provincial Policy Statement. Places to Grow The application has been reviewed with reference to the Place to Grow policies that have been in place since 2006. In Policy 2.2.9 - Rural Areas there are provisions that allow for residential development to occur outside of settlement areas in site specific locations with approved designations. The proposed consent as stated above would re- create a lot which was previously separately conveyable and merged on title when acquired in the same ownership. As stated above, the Township's Official Plan currently contains policies which permit staff and the Committee to consider these technical severances in accordance with the existing policies provided for within the Official Plan, on this basis the consent for the technical severance to re- create the original lots would therefore conform to this policy. Based on the above, the Consent application would generally conform with the Place to Grow legislation. ZONING BY -LAW The subject property is currently zoned Agricultural /Rural (A/RU) and Environmental Protection (EP) Zone in the Township's Zoning By -law 97 -95, as amended. The proposed severed and retained lots would continue to comply with the provisions of the Agricultural /Rural (A/RU) Zone, as the minimum lot area and frontage have been met to permit agricultural uses on the property. Development Services Meeting Date: May 20, 2010 Application No. 2010 -13-12 & 2010 -B -13 Page 5 of 8 Page 17 of 267 5a) - 2010 -13-12 - Ralph and Joyce Hayes, 1307 Line 3 North, ... 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 - L ATTACHMENTS: L Schedule #1- Location Map CONCLUSION: 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: -_,A,_,L -,�;A Andria Leigh, MCIP RPP Director, Development Services Development Services Meeting Date: May 20, 2010 Application No. 2010 -13-12 & 2010 -13-13 Page 6 of 8 Page 18 of 267 5a) - 2010 -13-12 - Ralph and Joyce Hayes, 1307 Line 3 North, ... SCHEDULE 1: LOCATION MAP 2010- B- 12(Hayes) Proposed Severed Lands ®Proposed Retained Lands x OLD RRIE.RaA Q v iu z w z ,3 J DRURY M ILL ROAD 0 ' 110 220 33C 440 Meters Development Services Meeting Date: May 20, 2010 Application No. 2010 -B -12 & 2010 -13-13 Page 7 of 8 Page 19 of 267 5a) - 2010 -13-12 - Ralph and Joyce Hayes, 1307 Line 3 North, ... SCHEDULE 1: LOCATION MAP 2010- B- 13(Hayes) Proposed Severed Lands ® Proposed Retained Lands `V OLD BAIRRIE ROAD Li F IT J~ `� v ul Z M w Z J DRt1RY M ILL ROAD i i 0 55110 220 33C 440 f Meters 11 Development Services Meeting Date: May 20, 2010 Application No. 2010 -13-12 & 2010 -13-13 Page 8 of 8 Page 20 of 267 5a) - 2010 -13 -12 - Ralph and Joyce Hayes, 1307 Line 3 North, ... SHIRLEY PARTRIDGE REGISTRY SERVICES INC. 168 LAKESHORE ROAD WEST R.R. # 1, ORO STATION, ON LOL 2120 April 28th, 2010 The Corporation of The Township of Oro - Medonte 148 Line 7 S, Box 100 Oro, ON LOL 2X0 Attention: Committee of Adjustment Dear Members: Re: Ralph Vincent Hayes and Joyce Evelyn Hayes Application for Technical Severance Part of Lot 12, Concession 4 Township of Oro- Medonte Part of PIN 58542 -0030(LT) The holdings of Ralph Vincent Hayes and Joyce Evelyn Hayes are comprised of part of the East Half of Lot 12, and part of the West Half of Lots 12 and 13, all in the 4th Concession of the former Township of Oro. The West half of Lot 12, Concession 4 was patented to Caesar Hebrun on June 18th, 1856. The South West Quarter of the West Half was established by Hebrun when he conveyed it to George Ady (Aidy) in 1856. It was passed through the Ady family and ultimately to Hiram Aidie (Eddy) in 1860. In 1873, Hiram Eddy split the South West Quarter of the West Half into the West 15 Acres (George Eddy) and the East 10 acres (John Graham). He later purported to transfer the south one -half of 1 acre square at the northwest angle of the South West Quarter to Alexander Eddy, and the north one -half of 1 acre square at the northwest angle of the South West Quarter which accounts for the irregular boundary at the northwest angle of the South West Quarter. As noted earlier, the West 14 acres of the South Half of the West Half was transferred to George Eddy in 1873. The parcel then proceeded to pass through twelve ownership changes between 1873 and 1959 when Ralph and Joyce Hayes purchased it. The Hayes' had also acquired the North West Quarter of Lot 13, Concession 4 in 1959. Lot 13, Concession 4 was patented as "All of Lot" to James Chewitt in 1820 who subsequently conveyed it to William Roe in 1838. William Roe created the North West Quarter when he conveyed it to James Harrington in 1867. Page 21 of 267 5a) - 2010 -B -12 - Ralph and Joyce Hayes, 1307 Line 3 North, ... It passed down through many changes of ownership as well, and the ownership of the North West Quarter of Lot 13 (50 acres) and the South West 14 acres of the West Half of Lot 12 merged together with no change in the configuration of the original parcels. Ralph Vincent Hayes and Joyce Evelyn Hayes acquired the lands in 1959. To restore the South West 14 acres of the West Half of Lot 12 as originally created as a separate parcel, Mr. and Mrs. Hayes request a technical severance. Yqurs very trulyn Shirley Pa rid, President Shirley Partridge Registry Services Inc. Page 22 of 267 5a) - 2010 -B -12 - Ralph and Joyce Hayes, 1307 Line 3 North, ... Page 23 of 267 z� b 3Nll m m os C o N r � 0 m E 3NIl 'r C) �1 Q N � � v J 9 N C � O O 2 ❑® Page 23 of 267 5a) - 2010 -B -12 - Ralph and Joyce Hayes, 1307 Line 3 North, ... aolo -8 -ta Page 24 of 267 5a) - 2010 -13-12 - Ralph and Joyce Hayes, 1307 Line 3 North, ... • Fri ao�o -a -�a 14i CA BETW CONCESSIONS 3 -AND 4 • COUNTY ROAD 7 JI: r. ...�... • v .^• ,r • • • r, • • T fr. ! . j .'h ?• N w f . •� (o,ql�f- _� ' ROAD ALLOWANCE BETWEEN CONCESSIONS 4 AND S - - - - - - BLOCK 58541 Page 25 of 267 5a) - 2010 -B -12 - Ralph and Joyce Hayes, 1307 Line 3 North, ... Page 26 of 267 r � a M 14 1 Y � g: • • �x Page 26 of 267 5a) - 2010 -B -12 - Ralph and Joyce Hayes, 1307 Line 3 North, ... Page 27 of 267 5a) - 2010 -B -12 - Ralph and Joyce Hayes, 1307 Line 3 North, ... Page 28 of 267 i rk ZY S Zf J J - i v a 41-11 a i � 1 -9- 0) 0 Page 28 of 267 5b) - 2010 -13-13 - Ralph and Joyce Hayes, 1307 Line 3 North, ... TOWNSHIP OF ORO- MEDONTE REPORT f'ruuJ Hrneagr, ExririnQ Fuurrc Application No: To: Committee of Adjustment Prepared By: 2010 -B -12 and 2010 -13- Andria Leigh, MCIP, RPP 13 Director, Development Services Meeting Date: Subject: Consent Application Motion # May 20, 2010 Ralph and Joyce Hayes Concession 4, East Half of Lot 12 (Former Township of Oro), Roll #: R.M.S. File #: 4346- 010 - 002 -092 1307 Line 3 North D10 -40424 & D10 -40525 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 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. BACKGROUND: The purpose of Consent application 2010 -B -12 is for a technical severance to create a lot which once existed as a separate parcel of land. The lands proposed to be severed would have a lot frontage along Line 4 N of approximately 457 metres (1502 feet), with a lot depth of approximately 670 metres (2200 feet) and a lot area of approximately 39 hectares (98 acres). The lands to be retained would have a lot area of approximately 20 hectares (50 acres) and currently contains a dwelling and various outbuildings. The purpose of Consent application 2010 -B -13 is for a technical severance to create a lot which once existed as a separate parcel of land. The lands proposed to be severed would have a lot frontage along Line 3 N of approximately 123 metres (403 feet), with a lot depth of approximately 414 metres (1360 feet) and a lot area of approximately 5.6 hectares (14 acres). The lands to be retained would have a lot area of approximately 20 hectares (50 acres) and currently contains a dwelling and various outbuildings. Development Services Meeting Date: May 20, 2010 Application No. 2010 -13-12 & 2010 -B -13 Page 1 of 8 Page 29 of 267 5b) - 2010 -B -13 - Ralph and Joyce Hayes, 1307 Line 3 North, ... 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 applicant's name. The summary of the deeds which support this timeline are attached to this report. ANALYSIS: The purpose of consent applications 2010 -B -12 and 2010 -B -13 are for technical severances to re- create the three 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 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 deeds, the easterly 39 hectares (98 acres) were acquired in 1962 and caused the merger on title with the balance of the lands owned by Hayes being the 20 hectares subject to Consent application 2010 -13-13 which had been acquired in 1959 and 1962 respectively. Each of the three parcels subject to these two applications was a separately conveyable parcel prior to 1962 and 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 historical acquisitions of each of the three parcels by Ralph and Joyce Hayes. 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 lots. The registry search confirms that PIN 0050 was separated in 1956 and PIN 0085 in 1840. The Township will require that a surveyor confirm the new lots match the original description. Development Services Meeting Date: May 20, 2010 Application No. 2010 -13-12 & 2010 -B -13 Page 2 of 8 Page 30 of 267 5b) - 2010 -13-13 - Ralph and Joyce Hayes, 1307 Line 3 North, ... d) Can be adequately serviced by on -site sewage and water system; Each of the three parcels is of an adequate size to permit the establishment of private services, this would be further confirmed prior to the issuance of any building permits. e) Fronts on a public road that is maintained year -round by public authority, The parcels front onto Line 4 North and Line 3 North, both are which are maintained year -round by a public authority. f) There are no public interest served by maintaining the property as a single conveyable parcel; In assessing the merits of the application and the historical merger of the properties, there does not appear to be any public interest that would require the parcel to remain as on single conveyable parcel. . g) Conforms with Section D2.2.1 of this Plan; and, Section D2.2.1 of the Plan is discussed below. 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 and retained lands would have frontage on Line 4 North and Line 3 North respectively, which are both 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; These applications propose to recreate a total of three lots. Significant traffic volumes are not anticipated to be generated by any additional dwellings if located on the severed lands. The applicant will be required to apply for and obtain an entrance permit from the Township Public Works Department, at the time of considering any application for a new dwelling. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By -law and is compatible with adjacent uses; The application proposes to recreate lots that once existed, which has inadvertently been merged on title. The proposed severed lands would have a frontage along Line 4 North with a lot area of 39 hectares (98 acres). The lands to be retained have frontage on Line 3 North are the subject to the second Consent application 2010 -13-13 and would contain lot areas of 5.6 hectares (14 acres) and 20 hectares (50 acres) respectively. 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 and retained lots do meet the lot area and frontage of the A/RU Zone. Development Services Meeting Date: May 20, 2010 Application No. 2010 -13-12 & 2010 -13-13 Page 3 of 8 Page 31 of 267 5b) - 2010 -13-13 - Ralph and Joyce Hayes, 1307 Line 3 North, ... e) Can be serviced with an appropriate water supply and means of sewage disposal, The applicant will be required at the time of any submission of a 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. 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; There are portions of both the severed and retained lots that are regulated by the Nottawasaga Valley Lake Simcoe Region Conservation Authority, who have been circulated for their comments. As stated on the application, the lands located on Line 3 North currently contain the dwelling and farm buildings and any additional buildings would be subject to the applicable review and permits from the NVCA if located within the regulated area. On the severed lands, which are currently vacant, it is anticipated that buildings would be constructed outside of the regulated area. 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 that 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. County Official Plan In analyzing this Zoning By -law Amendment application, Township staff reviewed both the County Official Plan currently in effect as well as the Official Plan adopted by County Council in November 2008. Specifically, Section 3.6 contains the Agricultural policies which are required to be considered in assessing the proposed technical severance application. Section 3.6.6 states that new lots should be not less than 36 hectares or the original survey lot size, whichever is the lesser. As stated above, these three lots merged in 1962 and prior to that time were separately conveyable parcels. Each of the parcels is viable for agricultural purposes in the future and therefore it is considered appropriate to re- create these parcels at the land size previously in existence. The proposed technical severance would be consistent with the surrounding land uses and has been determined that it conforms to the policies of the County Plan. The adopted County Plan continues to include the policies discussed Development Services Meeting Date: May 20, 2010 Application No. 2010 -13-12 & 2010 -13-13 Page 4 of 8 Page 32 of 267 5b) - 2010 -13-13 - Ralph and Joyce Hayes, 1307 Line 3 North, ... above and therefore, it is our opinion that the proposed development generally conforms to the policies of both County Official Plans (approved and adopted). Provincial Policv Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Policy 2.3 contains the policies for Agriculture areas, Section 2.3.4 provides the policies for lot creation and lot adjustments and provides the ability for lots for agricultural uses provided that the lots are of a size appropriate for the type of use common to the area and sufficiently large to maintain flexibility for future changes in type or size of agricultural operation. The proposed Consent applications are intended to re- create parcels of land which was previously separately conveyable being 5.6 hectares (14 acres), 20 hectares (50 acres), and 39 hectares (98 acres) respectively. The proposed use for agricultural and residential and would be consistent with other lots of record in the surrounding area. In Policy 1.6, "Infrastructure and Public Service Facilities ", addresses issues such as the use of existing infrastructure and public service facilities should be optimized, wherever feasible, before consideration is given to developing new infrastructure and public service facilities. The lot would be serviced by an individual well and private septic system at the time that any buildings were proposed to be constructed. The proposed Consent application which provides for the technical severance to re- create lots which was separately conveyable and based on the lot areas could be utilized for agricultural use and are considered to be consistent with the Provincial Policy Statement. Places to Grow The application has been reviewed with reference to the Place to Grow policies that have been in place since 2006. In Policy 2.2.9 - Rural Areas there are provisions that allow for residential development to occur outside of settlement areas in site specific locations with approved designations. The proposed consent as stated above would re- create a lot which was previously separately conveyable and merged on title when acquired in the same ownership. As stated above, the Township's Official Plan currently contains policies which permit staff and the Committee to consider these technical severances in accordance with the existing policies provided for within the Official Plan, on this basis the consent for the technical severance to re- create the original lots would therefore conform to this policy. Based on the above, the Consent application would generally conform with the Place to Grow legislation. ZONING BY -LAW The subject property is currently zoned Agricultural /Rural (A/RU) and Environmental Protection (EP) Zone in the Township's Zoning By -law 97 -95, as amended. The proposed severed and retained lots would continue to comply with the provisions of the Agricultural /Rural (A/RU) Zone, as the minimum lot area and frontage have been met to permit agricultural uses on the property. Development Services Meeting Date: May 20, 2010 Application No. 2010 -13-12 & 2010 -13-13 Page 5 of 8 Page 33 of 267 5b) - 2010 -13-13 - Ralph and Joyce Hayes, 1307 Line 3 North, ... 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: edule #1- Location Map CONCLUSION: 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: _,A,,L �;A Andria Leigh, MCIP RPP Director, Development Services Development Services Meeting Date: May 20, 2010 Application No. 2010 -B -12 & 2010 -B -13 Page 6 of 8 Page 34 of 267 5b) - 2010 -13-13 - Ralph and Joyce Hayes, 1307 Line 3 North, ... SCHEDULE 1: LOCATION MAP 2010- B- 12(Hayes) FlProposed Severed Lands ®Proposed Retained Lands _OL© BARRIE.ROA_ D iu z m w z DRURY M ILL ROAD 0 ' 110 220 33 440 Meters i Development Services Meeting Date: May 20, 2010 Application No. 2010 -B -12 & 2010 -13-13 Page 7 of 8 Page 35 of 267 5b) - 2010 -13-13 - Ralph and Joyce Hayes, 1307 Line 3 North, ... SCHEDULE 1: LOCATION MAP 2010- B- 13(Hayes) FjPropossd Severed Lands ®Proposed Retained lands OLD BARRIE ROAD F III v w Z M W J DRURY M ILL ROAD 0 55110 220 33C 440 Meters I Development Services Meeting Date: May 20, 2010 Application No. 2010 -B -12 & 2010 -B -13 Page 8 of 8 Page 36 of 267 5b) - 2010 -13-13 - Ralph and Joyce Hayes, 1307 Line 3 North, ... SHIRLEY PARTRIDGE REGISTRY SERVICES INC. 168 LAKESHORE ROAD WEST R.R. # 1, ORO STATION, ON LOL 2EO April 28th, 2010 The Corporation of The Township of Oro - Medonte 148 Line 7 S, Box 100 Oro, ON LOL 2X0 Attention: Committee of Adjustment Dear Members: Re: Ralph Vincent Hayes and Joyce Evelyn Hayes Application for Technical Severance Part of Lot 12, Concession 4 Township of Oro- Medonte Part of PIN 58542 -0030(LT) The holdings of Ralph Vincent Hayes and Joyce Evelyn Hayes are comprised of part of the East Half of Lot 12, and part of the West Half of Lots 12 and 13, all in the 4"' Concession of the former Township of Oro. The East Half of Lot 12, Concession 4 (100 acres) was patented to Benjamin Turner on March 19th, 1840 with a reservation of one acre at the northeast comer for a "burying gound" (now identified as PIN 58542 -0085 (LT)). Mr. Turner proceeded to split the East Half into the South 60 acres; the South one -half of the north 40 acres; and the north 21 acres. The South 60 acres was conveyed to James Slessor in 1862, and it stayed in the Slessor family name until 1931 when Bert Slessor conveyed the parcel to Sarah Best and her husband, William R. Best. The said William R. Best also acquired the north 41 acres of the East Half personally in 1931 after many ownership changes. Best passed away, and his wife conveyed the north 41 acres of the East Half to herself. Sarah Best was now the owner of the South 60 acres of the East Half by survivorship, and the owner of the north 41 acres of the East Half by deed. She proceeded to convey all to Ernest and Doris Ash in 1955. Mr. and Mrs. Ash conveyed a small parcel referred to as "a garden" along the Easterly limit of the lot to Willis and Bernice Culbeck on June 21 "t, 1956 which parcel is now identified as PIN 58542 -0050 (LT). The balance of the East Half was acquired by Ellis Hutchinson in 1955, and conveyed to Ralph Hayes and Joyce Hayes on May 2nd, 1962. Page 37 of 267 5b) - 2010 -B -13 - Ralph and Joyce Hayes, 1307 Line 3 North, ... Mr. and Mrs. Hayes had already acquired the North West Quarter of Lot 13 on May 15th, 1959. That parcel of land had been established in 1867 and was of the same configuration in 1959. The balance of the East Half of Lot 12 and the North West Quarter of Lot 13 would have merged in May, 1962 when the Hayes' purchased that part of the East Half of Lot 12 excepting the "burying ground" and the "garden" previously conveyed away. There has been no alteration of the boundaries since their acquisition, and they wish to apply for a technical severance to restore the East Half of Lot 12, Concession 4 as it was in 1962. Yo very truly, ,l(iC hirley Pa rig g , resident Shirley Partridge Registry Services Inc. Page 38 of 267 5b) - 2010 -B -13 - Ralph and Joyce Hayes, 1307 Line 3 North, ... Page 39 of 267 LL= ?� - Lj b 3Nil O� N N Cz O 2 CO T Q, MI W � O W� 1 Eh I I n FITTq m L £ 3NIl T O oI O N ° � v J m j C N 9 cc cc O G a 0 Page 39 of 267 5b) - 2010 -B -13 - Ralph and Joyce Hayes, 1307 Line 3 North, ... Z(0 -6 -t3 Page 40 of 267 5b) - 2010 -13-13 - Ralph and Joyce Hayes, 1307 Line 3 North, ... a016-e--13 s4 A I . �'7 a��r'• ' e"e'e z. ----- - - - - -- :- - - - - -- - - -- ' -- - - - - -- - RaAD ALLOVANCE BETWEEN COAVEW VS 4 AND S • .p dA ' BLOCK 58541' Page 41 of 267 5b) - 2010 -B -13 - Ralph and Joyce Hayes, 1307 Line 3 North, ... Page 42 of 267 W)I( 5- 8 - (3 Q - rs 52 Cli Page 42 of 267 5b) - 2010 -B -13 - Ralph and Joyce Hayes, 1307 Line 3 North, ... Page 43 of 267 ,. „: �1 b , t. - 3 � r ,�•, i f N� Alfil. Af .a .'"•�,��t �y a M1 1 ( 1 +f t S • 1 d "n t y '� 1 oe f ( f _ 1 J t +i Page 43 of 267 5b) - 2010 -B -13 - Ralph and Joyce Hayes, 1307 Line 3 North, ... Page 44 of 267 I'd(; i Page 44 of 267 5b) - 2010 -B -13 - Ralph and Joyce Hayes, 1307 Line 3 North, ... Page 45 of 267 0 yy 1 � Wr.'J, , • �pf • s • Page 45 of 267 Page 46 of 267 5c) - 2010 -13-06 - Coulson Ridge Estates Ltd, Concession 7, L... REPORT I'ro..J Herimgr, F_.W q F.— pplication No: To: Committee of Adjustment Prepared By: 010 -13-06 Steven Farquharson, BURP Intermediate Planner eeting Date: Subject: Consent Application Motion # ay 20, 2010 Coulson Ridge Estates Ltd Concession 7, Lot 3 (Former Township of Oro), oil #: R.M.S. File #: 346- 010- 003 -2850 D10 -40423 IRED CONDITIONS: KGROUND: ie purpose of the consent application is for a technical severance to re- create a lot which once cisted as a separate parcel of land. The lands proposed to be severed would have a lot frontage ong Line 7 North of approximately 145 metres (475 feet), with a lot depth of approximately 294 etres (964 feet) and a lot area of approximately 4 hectares (10 acres) and are vacant. The lands tc retained would have a lot area of approximately 80 hectares (200 acres) and are currently vacant applicant has submitted a historical timeline of the property, which has been attached for mmittee's reference. The lots were separate conveyable lots until 1949, when they merged in summary of the deeds which support this timeline are attached to this report. YSIS: purpose of consent application 2010 -B -06 is for a technical severance viously existed as separate conveyable parcels of land. The Township' icies (Section D2.2.3) which permit Planning Staff and the Committee NANCIAL: of applicable. to re- create lots whi Township's Official Plan contai to consider technic Development Services Meeting Date May 20, 2010 Application No. 2010 -8 -06 PaedOW1102767 5c) - 2010 -B -06 - Coulson Ridge Estates Ltd, Concession 7, L... POLICIES /LEGISLATION: OFFICIAL PLAN The subject lands are designated Oro Moraine Core /Corridor Area 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 second of the two parcels was acquired by Joseph Walker, thereby creating the merger of the title for both lots. On the basis of the registry information, the proposed lots were considered to be once separately conveyable lots 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 Joseph Walker having acquired ownership of both parcels. c) Is of the same shape and size as the lot which once existed as a separate conveyable lot, A review of the deeds has determined that the proposed severed and retained 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 building permits. e) Fronts on a public road that is maintained year -round by public authority; The parcels front onto Line 7 North, and is maintained year -round by a public authority. f) There are no public interest served by maintaining the property as a single conveyable parcel; It is is the opinion of the Planning Department that it would be in the public's interest to maintain the parcel as one which does not fragment the environmental feature (Oro Moriane Core Area). This would need to be confirmed by the NVCA. g) Conforms with Section D2.2.1 of this Plan; and, Section D2.2.1 of the Plan is discussed further below. 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 to be considered and approved from the Township Transportation Department in order for access for the severed lands from Line 7 North to be obtained. Development Services Meeting Date May 20, 2010 Application No. 2010 -13-06 Page 2 of 7 Page 48 of 267 5c) - 2010 -B -06 - Coulson Ridge Estates Ltd, Concession 7, L... Section D2.2.1 of the Official Plan contains test for the creation of anew lot byway 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 and retained lands would have frontage on Line 7 North, which is a public roadway 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 direct access to a Provincial Highway or County Road. c) Will not cause a traffic hazard, This application proposes to re- create 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 -law and is compatible with adjacent uses; The application proposes to re- create a lot that once existed, which has inadvertently been merged on title. The purpose of the consent application is for a technical severance to re- create a lot which once existed as a separate parcel of land. The lands proposed to be severed would have a lot frontage along Line 7 North of approximately 145 metres (475 feet), with a lot depth of approximately 294 metres (964 feet) and a lot area of approximately 4 hectares (10 acres). The lands to be retained would have a lot area of approximately 80 hectares (200 acres) and currently vacant. 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. 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. Development Services Meeting Date May 20, 2010 Application No. 2010 -13-06 Page 3 of 7 Page 49 of 267 5c) - 2010 -B -06 - Coulson Ridge Estates Ltd, Concession 7, L... h) Will not have a negative impact on the features and functions of any ecological feature in the area; The severed land is regulated by the Nottawasaga Valley Conservation Authority, comments are anticipated to be forthcoming. Planning Staff are of the opinion that favorable comments from the NVCA are required before the application can proceed. 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. Section 81.10.1.4 of the Official Plan sets out the development policies of the Oro - Moraine- Natural Core /Corridor Area. The Official Plan states that the objective of the policies in this designation are to protect and maintain significant natural heritage features and the rural character of the Oro Moraine. The policies do not allow for the creation of a new lot for residential purposes. Both the lands to be severed and retained are identified on Schedule B of the Official Plan as having a Provincially Significant Wetland (PSW). Due to this natural feature being located on the lands to be severed, the recreation of a new lot, will not be in keeping with the intent of policies found within the Official Plan. On this basis, the application is considered not to be appropriate and does not generally conform with the policies noted above from the Official Plan. County Official Plan In analyzing this Consent Application, Township staff reviewed both the County Official Plan currently in effect as well as the Official Plan adopted by County Council in November 2008. The subject property is designated in the County of Simcoe Official Plan as Greenland. Specifically, Section 3.7 contains the Greenland policies which require an Environmental Impact Study (EIS) to be completed prior to development occurring on the lot. Section 3.7.5 states that development is not permitted within provincially significant wetlands. The proposed technical severance would not be consistent with the Greenland policies without the submission of an EIS, which is to be reviewed and approved by the County of Simcoe and NVCA. The adopted County Plan continues to include the policies discussed above and therefore, it is our opinion that the proposed development does not generally conform to the policies of both County Official Plans (approved and adopted). Provincial Policy Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Policy 2.1.4 contains the policies in Natural Heritage Areas in municipalities which does not permit development in significant wetlands, unless there has been a demonstration that there is no negative impacts on the natural features or their ecological functions. The requirement of an EIS would be required in order for the proposed severance to be permitted. The proposed Consent application which provides for the technical severance to re- create a lot which was separately conveyable and based on the lot area of 4 hectares (10 acres). Township staff Development Services Meeting Date May 20, 2010 Application No. 2010 -B -06 Page 4 of 7 Page 50 of 267 5c) - 2010 -B -06 - Coulson Ridge Estates Ltd, Concession 7, L... considered the application to be premature until comments from the NVCA are received to determine if an EIS is required to be completed before it can be considered to be consistent with the Provincial Policy Statement. Places to Grow The application has been reviewed with reference to the Place to Grow policies that have been in place since 2006. In Policy 2.2.9 - Rural Areas there are provisions that allow for residential development to occur outside of settlement areas in site specific locations with approved designations. The proposed consent as stated above would re- create a lot which was previously separately conveyable and merged on title when acquired in the same ownership. As stated above, the Township's Official Plan currently contains policies which permit staff and the Committee to consider these technical severances in accordance with the existing policies provided for within the Official Plan, on this basis the consent for the technical severance to re- create the original lot would therefore conform to this policy. Based on the above, the Consent application would generally conform with the Place to Grow legislation. ZONING BY -LAW The subject property is currently zoned Agricultural/Rural (A/RU) and Environmental Protection (EP) Zone in the Township's Zoning By -law 97 -95, as amended. The proposed severed and retained lots would continue to comply with the provisions of the Agricultural /Rural (A/RU) 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 — Nottawasaga Valley Conservation Authority- Comments forthcoming ATTACHMENTS: Schedule #1- Location Map Development Services Meeting Date May 20, 2010 Application No. 2010 -B -06 Page 5 of 7 Page 51 of 267 5c) - 2010 -B -06 - Coulson Ridge Estates Ltd, Concession 7, L... CONCLUSION: By reviewing the timeline provided by the applicant, it confirms that these parcels did previously exist as separate conveyable parcels. However, Planning staff have determined that the application requires favorable comments from NVCA and specifically confirmation is required on the need to obtain the completion of an EIS be required. Respectfully submitted: Steven arquha on, B.URPL Intermediate Planner Reviewed by: Andria Leigh, MCIP RPP Director of Development Services Development Services Meeting Date May 20, 2010 Application No. 2010 -B -06 Page 6 of 7 Page 52 of 267 5c) - 2010 -B -06 - Coulson Ridge Estates Ltd, Concession 7, L... SCHEDULE 1: LOCATION MAP 2010 -B -06 (Coulson Ridge Estates Ltd) Development Services Application No. 2010 -B -06 Meeting Date May 20, 2010 Page 7 of 7 Page 53 of 267 Page 54 of 267 PURSER . DOOLEY COCKBURN SMITH LLP. January 14, 2010 Coulson Ridge Estate Ltd. 14 Scottdale Drive R.R. #1 Hawkestone, ON LOL 1TO Attention: William Stonkus Dear Bill: 5c) - 2010 -B -06 - Coulson Ridge Estates Ltd, Concession 7, L... MEMORANDUM Re: Lot 3, Concession 7, Township of Oro - Medonte Our File No.: 29848 'Opp You have asked us to determine whether the small portion of Lot 3, Concession 7, Township of Oro- Medonte which you identify as the seat-east- ten (10) acres was ever historically in separate ownership from the abutting lands. Shirley Partridge has completed her search and we have reviewed it and conclude that the ten (10) acre parcel has never, since the Patent of the east half of Lot 3 in 1842, been in separate ownership from abutting lands. The said ten (10) acre parcel was split off the balance of the east half of Lot 3 by the covenyance registered on June 3, 1949 in favour of Joseph Walker who in that same conveyance unfortunately acquired the east half of Lot 4 being the abutting lands to the south. That was the first Deed to separate the ten (10) acre parcel from the remainder of the east half of Lot 3. Good News The east half of Lot 4 was separated in title from the west half of Lot 4 from June 25, 1873 until 1949. 151 Ferris Lane, Suite 300 Barrie, ON I-AM 6C1 Tel: 705.792.6910 Fax: 705.792.6911 www.pdcslaw.00m Page 55 of 267 rV 1 5c) - 2010 -B -06 - Coulson Ridge Estates Ltd, Concession 7, L... 2 On June 25, 1873, one Alexander McLean acquired the east half of Lot 4, Concession 7 and the east half was transferred through a number of owners, none of whom owned the west half of the Lot until 1949 when the east half was conveyed to Joseph Walker who had previously acquired the west half of the Lot in 1936. West half of Lot 4. Concession 7 The west half of Lot 4, Concession 7 was acquired by James Durham on July 9, 1874 (and west half continued through a chain of title through a series of owners who did not own the abutting east half until Joseph Walker acquired the west half on November 6, 1936). It is my understanding that the Township of Oro - Medonte policy is to permit the revival of a severance of two (2) properties which have been historically owned separately but have merged inadvertently under the provisions of The Planning Act. In accordance with that policy you should be successful in separating the east half of Lot 4 from the west half of Lot 4. Deviation Road Deviation Road which connects the Road allowance between Concessions 6 and 7 across the south -west corner of your Lot 4 was deeded to the Township in 1911 — thus creating a severed parcel of Lot 4 at the south -west comer. This deviated parcel is shown on the Teranet report that Paul Miller acquired and attached. For your reference we are attaching: 1. A copy of the chain of title prepared by Shirley Partridge, our title searcher a) East half of Lot 3; and b) Lot 4, Concession 7. 2. Block map; and 3. Copies of the reports provided by Paul Miller. Yours very truly, PUR R��OCKBURN SMITH LLP C, o Per J. R. Cockburn, Q.C. J RC: bg Encls. Page 56 of 267 5c) - 2010 -B -06 - Coulson Ridge Estates Ltd, Concession 7, L... Page 57 of 267 4� N OP+ N O L 3NII o U 0 1 F Q Z- O N M C A T !C m O ,U m o o i Vi _ a n di U 11d211� ®a � _i 9i3N1_l .._ Cl) m Page 57 of 267 5c) - 2010 -B -06 - Coulson Ridge Estates Ltd, Concession 7, L... a010 -B -o6 Page 58 of 267 5c) - 2010 -B -06 - Coulson Ridge Estates Ltd, Concession 7, L... 9VO -B -o6 Page 59 of 267 5c) - 2010 -B -06 - Coulson Ridge Estates Ltd, Concession 7, L... Page 60 of 267 f. 'iIRC • -� NI O. r Jr • ... - .. w iy \ {. AV - - _h f , . L •..M t .., t. � i •' f. R Page 60 of 267 5c) - 2010 -B -06 - Coulson Ridge Estates Ltd, Concession 7, L... Page 61 of 267 .�""' � �. �+ ��" l ..�' yam• f /��. �. .y �'J�"•}M T /F to .t ;u Lie AL • r Page 61 of 267 5c) - 2010 -B -06 - Coulson Ridge Estates Ltd, Concession 7, L... Page 62 of 267 5c) - 2010 -B -06 - Coulson Ridge Estates Ltd, Concession 7, L... Page 63 of 267 lair. «I� r � . '.rte �� L�•i,��'�'� a.`� Y n ' y:� / ►[J�;y.w � _ill .' 4 �C,� .'_. . J • i «rte pr f . f Page 63 of 267 Page 64 of 267 00�lllec�/i�/Zto Nnud tirri�.gc, E.nrtiMg Fw.ve 5d) - 2010 -B -07 - Ridgoro Farms Ltd, 280 Ridge Road East, Co... TOWNSHIP OF ORO- MEDONTE REPORT Application No: To: Committee of Adjustment Prepared By: 2010 -B -08 Glenn White, Manager of Planning Services Meeting Date: Subject: Consent Application Motion # May 20, 2010 John and Pauline Warnica 25 Baycrest Drive Lot 9, Plan 1069 Roll #: R.M.S. File #: 4346- 010 - 006 -10600 Township of Oro - Medonte D10 -40428 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 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 Lot 8, Plan 1069 (35 Penetanguishene Road, 4346 - 010 - 006 - 10400) and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. BACKGROUND: The applicant is proposing a boundary adjustment to convey approximately 9.5sq.m (103 sq.ft.) from the subject property (25 Baycrest Dr.) to the adjacent lot to the west being 35 Penetanguishene Road No new building lots are proposed to be created as a result of the lot addition. The subject land contains a section of the armour stone retaining wall associated with the existing pool at 35 Penetanguishene Road. Development Services Meeting Date: May 20, 2010 Application No. 2010 -13-08 Page 1 of 4 Page 65 of 267 5d) - 2010 -B -07 - Ridgoro Farms Ltd, 280 Ridge Road East, Co... ANALYSIS: The purpose of Application 2010 -13-08 is to permit a lot addition /boundary adjustment. The proposed lot addition will result in a parcel of 9.5sq.m (103 sq.ft), being added to the adjacent residential lot to the west. No new building lot is proposed to be created as a result of the lot addition. The reason for the application is to correct an encroachment of a armour stone retaining wall associated with the existing pool at 35 Penetanguishene Road (the adjacent neighbour to the west). The lot addition represents the area where the retaining wall encroaches onto their lands. The Committee is considering a related Variance Application 2010 -A -12 for a reduction to the required rear yard setback to a pool at 35 Penetanguishene Road. FINANCIAL: Not applicable. POLICIES /LEGISLATION: OFFICIAL PLAN The lands to be conveyed, the retained lands, and the enhanced lot are all designated Rural Residential by the Official Plan. Section D2 of the OP contains policies with respect to subdivision of land. Specifically, Section D2.2.2 - "Boundary Adjustments ", provides the following guidance: "a consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created... the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected." The proposed boundary adjustment will not create a new building lot nor alter the existing permitted uses on the retained or enhanced lot. The proposed boundary adjustment will correct the encroachment of a armour stone retaining wall and result in it being contained on the lands of 35 Penetanguishene Road ZONING BY -LAW The lands to be conveyed, retained and enhanced lot are all zoned Residential One in the Township's Zoning By -law. The proposed lands to be conveyed will cover the area of the retaining wall. The retained and enhanced lands will meet the zoning requirements for lot area. All of the lands involved in this consent application are zoned Residential One (R1) Zone so no split zoning will be created. Therefore, the application would comply with the provisions as prescribed by the Zoning By -law. CONSULTATIONS: Development Services Meeting Date: May 20, 2010 Application No. 2010 -13-08 Page 2 of 4 Page 66 of 267 5d) - 2010 -B -07 - Ridgoro Farms Ltd, 280 Ridge Road East, Co... Public Works Department - Building Department- No concerns Enoineerina Department — ATTACHMENTS: Schedule #1- Location Map CONCLUSION: It is the opinion of the Planning Department, that Consent application 2010 -B -08, for a boundary adjustment would appear to conform to the general intent of the Official Plan, and maintains the use and setback provisions of the Zoning By -law. Respectfully submitted: Glenn White, MCIP, RPP Manager of Planning Services Development Services Meeting Date: May 20, 2010 Application No. 2010 -B -08 Page 3 of 4 Page 67 of 267 5d) - 2010 -B -07 - Ridgoro Farms Ltd, 280 Ridge Road East, Co... SCHEDULE 1: LOCATION MAP 2010 -B -08 (John and Pauline Warnica) � \ h pO\ \8g1`C off: Proposed Landsto'be conveyed Proposed Retained Lands Proposed- Enhanced Lands 0 5 10 20 30 \ Meters Development Services Meeting Date: May 20, 2010 Application No. 2010 -B -08 Page 4 of 4 Page 68 of 267 5d) - 2010 -B -07 - Ridgoro Farms Ltd, 280 Ridge Road East, Co... SHIRLEY PARTRIDGE REGISTRY SERVICES INC. 168 LAKESHORE ROAD WEST R.R. # 1, ORO STATION, ON LOL 2EO April 26th, 2010 The Corporation of The Township of Oro - Medonte 148 Line 7 S, Box 100 Oro, ON LOL 2X0 Attention: Committee of Adjustment Dear Members: Re: Ridgoro Farms Ltd. Application for Technical Severance Part of Lots 23 and 24, Concession 8, Township of Oro- Medonts Part of PIN 58548 -0032(LT) The lands owned by Ridgoro Farms Ltd. are comprised of Part of the West Half of Lot 24 Concession 8, Part of the East Half of Lot 24 Concession 8, Part of the East Half of Lot 25 Concession 8 and part of the West Half of Lot 23 Concession 8, all in the former Township of Oro. All of Lot 23 Concession 8 (200 acres) was patented in 1822 to Nathaniel Coffin. It was continually transferred as "Ail of Lot" until Horatio Yates split the lot into the West Half and East Half in 1854. John Whitley and Allan Bell acquired the West Half at that time with Allan Bell taking over Whitley's share a few months later in 1854. At that time, Allan Bell conveyed the South West Quarter to Francis Bell and retained the North West Quarter until 1885. Francis Bell subsequently split the South West Quarter into the West Half of the South West Quarter and the East Half of the South West Quarter in 1895. The East Half of the South West Quarter stayed in the Bell name until 1926 when it was conveyed to Alexander Miller. Miller later sold this parcel with other lands to Howard J. Crawford and Bessie P. Crawford on November 28th, 1938. The Crawford's then conveyed these lands on March 20th, 1974 to Ridgoro Farms Ltd. together with the East Half of Lot 24, Concession 8, and that part of Lot 25, Concession 8 lying north of the Ridge Road. However, because the East Half of the South West Quarter would now be a landlocked parcel, unable to be conveyed on its own, it would seem prudent to add it to that part of the West Half of Lot 24, Concession 8 abutting directly to the south of the said parcel. Page 69 of 267 5d) - 2010 -B -07 - Ridgoro Farms Ltd, 280 Ridge Road East, Co... The West Half of Lot 24, Concession 8 was patented to George Gibson on September 12th, 1823 (100 acres). It was conveyed a number of times until Francis Bell acquired it in 1856. He died and Arthur Bell became the owner of the West Half of Lot 24 in 1895. He proceeded to sell multiple parcels from the West Half of Lot 24 both north and south of the Ridge Road which began the development of the Village of Oro Station. Those lands that he had not conveyed within his lifetime fell into the residue of his estate and were conveyed to Thomas Bell in 1948 who in turn transferred them days later to Albert Graham. In January, 1949, Graham conveyed the remnant portion of the West Half of Lot 24 to Howard Crawford and Bessie Crawford. Howard took title personally in 1970 and received a Consent on December 29th, 1969 for a small parcel he then conveyed to his wife, Bessie. The reference plan to divide the severed parcel was not registered until July 17th, 1975 as 51R-4730. Bessie Crawford obtained a Consent dated May 8th, 1975 (B- 21/75) for Part 1 51 R-4730 which she then granted back to Howard to effect the severance. The remaining portion of the severed portion which became Parts 2 and 3 51 R-4730 were later sold to Perri and Fleming in 1992. The balance of the remnant portion of the West Half of Lot 24 stayed in Howard Crawford's name until March 20th, 1974 at which time he conveyed it to Ridgoro Farms Ltd. The Company subsequently received a Consent under file B -2191 which was conveyed as Part 1 51R-22826 to Douglas and Linda Crawford on July 31St, 1992. The aforementioned balance of the West Half of Lot 24 and the landlocked East Half of the South West Quarter of Lot 23 would create one viable parcel. The East Half of the South West Quarter of Lot 23 was purchased by Howard and Bessie Crawford in 1938 at the same time as that portion of the East Half of Lot 24, Concession 8 lying north of the Ridge Road. However, the East Half of Lot 24 was originally patented separately leaving the East Half of the South West Quarter potentially as an "orphan parcel ". It would seem logical to put these two parcels together to ensure that there was access to the East Half of the South West Quarter of Lot 23, and at the same time recognize that the East Half of Lot 24, Concession 8 could be restored as one parcel as originally patented on September 29, 1829 to Abraham Boice. Yours very truly, T2 Shirley Partri ge, President Shirley Part dge Registry Services Inc. Page 70 of 267 5d) - 2010 -B -07 - Ridgoro Farms Ltd, 280 Ridge Road East, Co... 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Page 78 of 267 0rrr�llle�iinte ve.a rt�;i.�, E.nrtiy fwnn 5e) - 2010 -B -08 - John and Pauline Warnica, TOWNSHIP OF ORO- MEDONTE REPORT 25 Baycrest Driv... Application No: To: Committee of Adjustment Prepared By: 2010 -B -08 Glenn White, Manager of Planning Services Meeting Date: Subject: Consent Application Motion # May 20, 2010 John and Pauline Warnica 25 Baycrest Drive Lot 9, Plan 1069 Roll #: R.M.S. File #: 4346- 010 - 006 -10600 Township of Oro - Medonte D10 -40428 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 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 Lot 8, Plan 1069 (35 Penetanguishene Road, 4346- 010 - 006 - 10400) and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. BACKGROUND: The applicant is proposing a boundary adjustment to convey approximately 9.5sq.m (103 sq.ft.) from the subject property (25 Baycrest Dr.) to the adjacent lot to the west being 35 Penetanguishene Road No new building lots are proposed to be created as a result of the lot addition. The subject land contains a section of the armour stone retaining wall associated with the existing pool at 35 Penetanguishene Road. Development Services Application No. 2010 -B -08 Meeting Date: May 20, 2010 Page 1 of 4 Page 79 of 267 5e) - 2010 -B -08 - John and Pauline Warnica, 25 Baycrest Driv... ANALYSIS: The purpose of Application 2010 -13-08 is to permit a lot addition /boundary adjustment. The proposed lot addition will result in a parcel of 9.5sq.m (103 sq.ft), being added to the adjacent residential lot to the west. No new building lot is proposed to be created as a result of the lot addition. The reason for the application is to correct an encroachment of a armour stone retaining wall associated with the existing pool at 35 Penetanguishene Road (the adjacent neighbour to the west). The lot addition represents the area where the retaining wall encroaches onto their lands. The Committee is considering a related Variance Application 2010 -A -12 for a reduction to the required rear yard setback to a pool at 35 Penetanguishene Road. FINANCIAL: Not applicable. POLICIES /LEGISLATION: OFFICIAL PLAN The lands to be conveyed, the retained lands, and the enhanced lot are all designated Rural Residential by the Official Plan. Section D2 of the OP contains policies with respect to subdivision of land. Specifically, Section D2.2.2 - "Boundary Adjustments ", provides the following guidance: "a consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created ... the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected." The proposed boundary adjustment will not create a new building lot nor alter the existing permitted uses on the retained or enhanced lot. The proposed boundary adjustment will correct the encroachment of a armour stone retaining wall and result in it being contained on the lands of 35 Penetanguishene Road ZONING BY -LAW The lands to be conveyed, retained and enhanced lot are all zoned Residential One in the Township's Zoning By -law. The proposed lands to be conveyed will cover the area of the retaining wall. The retained and enhanced lands will meet the zoning requirements for lot area. All of the lands involved in this consent application are zoned Residential One (R1) Zone so no split zoning will be created. Therefore, the application would comply with the provisions as prescribed by the Zoning By -law. CONSULTATIONS: Development Services Meeting Date: May 20, 2010 Application No. 2010 -B -08 Page 2 of 4 Page 80 of 267 5e) - 2010 -B -08 - John and Pauline Warnica, 25 Baycrest Driv... Public Works Department - Building Department- No concerns Enaineerina Department — ATTACHMENTS: Schedule #1- Location Map CONCLUSION: It is the opinion of the Planning Department, that Consent application 2010 -13-08, for a boundary adjustment would appear to conform to the general intent of the Official Plan, and maintains the use and setback provisions of the Zoning By -law. Respectfully submitted: Glenn White, MCIP, RPP Manager of Planning Services Development Services Meeting Date: May 20, 2010 Application No. 2010 -B -08 Page 3 of 4 Page 81 of 267 5e) - 2010 -B -08 - John and Pauline Warnica, 25 Baycrest Driv... SCHEDULE 1: LOCATION MAP 2010 -13-08 (John and Pauline Warnica) I /r 0 i -qy \�sT4, Proposed Lands to' be conveyed Proposed Retained Lands Proposed. Enhanced Lands 0 5 10 20 30 Meters Development Services Meeting Date: May 20, 2010 Application No. 2010 -B -08 Page 4 of 4 Page 82 of 267 5e) - 2010 -B -08 - John and Pauline Warnica, 25 Baycrest Driv... Page 83 of 267 N- SIB (6,6) h O V Z Qv fi 5e) - 2010 -B -08 - John and Pauline Warnica, 25 Baycrest Driv... BAYCREST DRIVE Na2ZY(IO;E � m 1 15,24 , ) CO PART 1 P.LN wws -w" n» (1265) INN 8 h PART 2 P.I.W. 58553 -0054 (L>) STEAL FENCE i - x- x -x -x- ENCE 1.2 E (O ^O WALL 0.5 E C� Q' �S I I iI oo+GE WALL 0.6 E M'+r' 46.05 E VREPLAC A7H S P �V 98 SUCCK �. (12AS) 0�1 (LT) p.O. �' ASSOOAT10N OF ONTARUO LAND SURVEYORS PLAN SLOWSSM FUN 1 7 2 8 2 9 4 DDtST�S SHOWN ON THIS PLAN RES ARE IN MET AND CAN BE TM PLAN IS NOT YARD CONVERTED TO FEET BY DMOINO UNLESS IT IS AN BY 0.3048 ORIGINAL DOPY SURVEYOR'S REAL PROPERTY REPORT ( PART 1 ) PLAN OF SURVEY OF BOUNDARY BEIIWM LOTS 8 AND 9 REGISTERED PLAN 1069 GEOGRAPHIC TOWNSHIP OF ORO —M TOWNSHIP OF ORO COUNTY OF SIMACOE SCALE 1 : 100 CON LAND SURVEYORS INC. SURVEYOR'S CERTIFICATE I CERTIFY THAT. 1) THS SURVEY AND PLAN ARE CORRECT AND IN CE WITH THE SURVEYS ACT, THE SURVEYORS ACT AND THE REGULATIONS MADE UNDER THEN. 2) THE SURVEY WAS COMPLETED ON THE 22ND DAY OF .MULY. 2009. JAY 31, DATE PETER T. Was, BS6. OUP, C S ONTARIO LAND SURVEYOR BEARING NOTE BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO PART OF THE WESTERLY UNIT OF LOT B AS SHOWN ON A PLAN 51R -1608, NAV1N0 A BEARING OF N72700'E LEGEND t DENOTES FOUND SURVEY MONUMENT -0- DENOTES PLANTED SURVEY MONUMENT ®e DENOTES IRON BAR ROM a DEN0IES IRON BAR (615) DENOTES d K DIAMOND, O.L.S. (738) DENOTES R G KWIO'ATRICX O.LS. (1255) DENOTES RODNEY G RAIN" O.LS (PI) DENOTES REGISTERED PLAN 1089 (P2) DENOTES PLAN 51R-4M SURVEYOR'S REAL PROPERTY REPORT (PART 2) REPORT SUMMARY BOUNDARY BETWEEN LOTS 8 AND 9 REGISTERED PLAN 1089 TOWNSHIP OF OtO, COUNT' OF SOAGOE. m NONE THIS REPORT WAS PREPARED TO ILLUSTRATE THE P09DON OF THE POE. ON LOT a. RELATIVE TO THE BOUNDARY AND TO WISTRATE THE POSITION OF THE FENCE AND ARDOUR STONE WALL ON TAT 9 me wM MtmWpd m Not -rfff d by tMe Report NONE T11LS REPORT WAS PREPARED FOR MR. JOHN WAR14CA AND THE UNDERSIGNED ACCEPTS NO RFSPON9DIUTY FOR USE BY 07HER PARTIES LAID SURVEYORS vir Ontado Land Surveyors Canada Land Surveyors 89 Me SAY POW ROAD BAMUE, 0KrAR10 L4N SM5 (706) 722 -3848 E -MN. MNWfa)NLANO9UM1EY0R400M Page 84 of 267 5e) - 2010 -B -08 - John and Pauline Warnica, 25 Baycrest Driv... Page 85 of 267 l� f • , -,.. fir` x ' M f�G�•r p � Yy� J1 IN Y � 'w k �I• �, .ice" Mi y a ah Page 85 of 267 5e) - 2010 -B -08 - John and Pauline Warnica, 25 Baycrest Driv... Page 86 of 267 Tu:unshie/��1L:�1Ll Pro.J 11n*,ge, Enin.g F.,- 5f) - 2010 -A -12 - Catherine Cudmore, 35 Penetanguishene Road... TOWNSHIP OF ORO- MEDONTE REPORT Application No: To: Committee of Adjustment Prepared By: 2010 -A -12 Glenn White, Manager of Planning Meeting Date: Subject: Variance Application Motion # May 20, 2010 (Catherine Cudmore) 35 Penetanguishene Lot 8, Plan 1069 Road, Township of Oro- Medonte Roll #: 4346 - 010- 006 -10400 R.M.S. File #: D13 -40429 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 1. That the pool 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. BACKGROUND: The purpose of this report is to consider Variance Application 2010 -A -12, for relief from the Township's Comprehensive Zoning By -law in relation to the required minimum rear yard setback by a pool. ANALYSIS: The purpose of this report is to consider Variance Application 2010 -A -12, for relief from the Township's Comprehensive Zoning By -law in relation to the minimum required rear yard setback for a pool. The property is presently zoned Residential One (R1) Zone by By -law 97 -95, as amended. The applicant is requesting relief from Section 5.35 (b) of Zoning By -law 97 -95. The applicant is proposing the rear yard setback to the pool to be 1.03 metres rather than the required 2.0 metre setback. Development Services Meeting Date May 20, 2010 Application No. 2010 -A -12 Page 1 of 5 Page 87 of 267 Minimum Rear Yard Setback to a Pool (Required) R1 Zone 2.0 metres FINANCIAL: Not applicable. POLICIES /LEGISLATION: 5f) - 2010 -A -12 - Catherine Cudmore, 35 Penetanguishene Road... Minimum Rear Yard Setback to a Pool (Proposed) 1.03 metres Does the variance conform to the general intent of the Official Plan? The property is designated "Rural Residential" by the Official Plan. Section C4.2 of the Official Plan states that "permitted uses on lands designated Rural Residential..... are single detached dwelling [and accessory buildings, pools to such] ". Therefore, the pool would be considered a permitted use. On this basis, the proposal is considered to conform to the intent of the Official Plan. Is the variance appropriate for the desirable development of the lot? The applicant has requested a variance to the rear setback to a pool to maintain the existing pool's location 1.03 metres from the rear lot line. The pool was built in a location not in accordance with the requirement of the Zoning By -law or in accordance with the approved Zoning Certificate which identified a 2.286 metre (7.5 feet) rear yard setback to pool. The required setback is measured from the edge of the pool to the rear lot line. The applicant has built a concrete deck around the pool which is considered to be hard landscaping and not part of the pool structure. The applicant has also constructed an armour stone retaining wall which encroached over the rear lot line onto the neighbour's property to the east. This situation is considered by Consent Application 2010 -B -08. It is staff opinion, that the impact of the use of the pool will not be substantially greater with the approval of the requested rear yard setback of 1.03 metres rather than the required 2.0 metres. The existing pool is an inground pool and not an above ground pool. The visual impact would also not be substantially greater to the abutting neighbor. Based on the above, this application is appropriate for the desirable development of the lands and is suitable with the surrounding neighbourhood. Development Services Meeting Date May 20, 2010 Application No. 2010 -A -12 Page 2 of 5 Page 88 of 267 5f) - 2010 -A -12 - Catherine Cudmore, 35 Penetanguishene Road... On the basis of the above, the proposal is considered to comply with the general intent of the Zoning By -law. 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- Proposal appears to meet minimum standards ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan CONCLUSION: In the opinion of the Planning Department, Variance Application 2010 -A -12, to reduce the required minimum rear yard setback to a pool from the required 2.0 metres to 1.03 metres appears to meet the tests of the Planning Act. Respectfully su mit Glenn White MCIP RPP Manager of Planning Services Development Services Meeting Date May 20, 2010 Application No. 2010 -A -12 Page 3 of 5 Page 89 of 267 5f) - 2010 -A -12 - Catherine Cudmore, 35 Penetanguishene Road... SCHEDULE 1: LOCATION MAP 2010 -A -12 (Catherine Cudmore) ®Subject lands 35 Penetanguishene Road \ / / \° 5 '° MC 30 40 Meters Development Services Meeting Date May 20, 2010 Application No. 2010 -A -12 Page 4 of 5 Page 90 of 267 5f) - 2010 -A -12 - Catherine Cudmore, 35 Penetanguishene Road... SCHEDULE 2: SITE PLAN 2010 -A -12 (Catherine Cudmore) BAYCREST DRIVE SURVEYOR'S REAL PROPERTY REPORT (PART 1 ) PLAN OF SURVEY OF BOUNDARY BETWEEN LOTS S AND 9 0,0 o.. .b ( DyeiiTl tf3m REGISTERED PLAN 1069 00 PART 1 GEOGRAPHIC TOWNSHIP OF ORO— MEDONTE TOMSNIP OF ORO P"� d4°� 0030 an COUNTY OF SIMCOE i 4; O Q� v PART 2 P.IX � Mn — xm,- ;—°J max —x- i OIOROUtm POOL I �I I Q 1:03 (120 METRIC, DMTA SHOWN ON TMs PINT c�aNNae mom r-ET ear nWiow0 DY O.iO�e. Development Services Application No. 2010 -A -12 I. JP` 0, N 0 (TM) RERADm wAIN g1, DCK PfK 3.e•'r -� �» AS30OATION OF ONTARm LAND SURVEYORS R.Yr stm�ar �Bi 1 7 2 8 2 9 4 SURVEYOR'S REAL. PROPERTY REPORT (PART 2) REPORT SUMMARY EOUNDART Bt1wJFN t a AND e RAN IWO TowR9Rw or aouNTY ov EwcDE. NONE TM REPORT wAS PR-- - D.WS Te TIE {+09fION OP Tl1E POOL. ON TAT 4 RELAThB TO THE 1/1E FNDE SiWE M"""' N WT Y Nd ereewl by Nb RWP NONE TH13 REPORT WA3 PNEPAR® FM MR JDIM WAMOOA AND THE UNDERAONED AREPT9 No RE�ON9BIt1TY FOP USS BY OTl/0i PARTIES ryTl auecvc T(/K:l ML OYNerlD Land 9uiw= Canada Lend 9prve eq I a AOAO e I,70n1 Ti3 -S!q YL NMLOWI6AI�A�tl�ppN- u_- Meeting Date May 20, 2010 Page 5 of 5 Page 91 of 267 a2ee1 SCALE 1 : 100 CDN LAND SURVEYORS INC. m SURVEYOR'S CERTIFICATE E I c4RTPY TNATk 1) TO9 xelYET' Alm FLAN Ale: O—Crr AND N A —AM NEOULARONe YADEYADL U�IYfi TNpl, s 21 T 9M4flY —b DIfWILTE.O ON TIE 22)m DAY OF JULY. 2 0 JULY m, L—ATE -p9q PETER T. RAII OIJP, CL9 ONTARm lAlm bVRV4YOR RD L R aRIF N RE A BPJI ARE ASINO AND ARE REFERIipp TO OF Y PANT Oi TE Td 46M lJ1et OE l.0'T B A8 9NlYT1 ON A RI�N 61R -400q RAWq A BFXENO OI NTlTOO$ fi C 1 IcDEND � �- OFHOTES casm sWKY MwuudT O 4 DOIOI® PIANl44T) 3letV YONUYIBJT �S/7Jp' � Y RN OQ•/01® OIOIR BAR ROIfND ® OE//OT® UN31 DAR Qy (Mm 00io1F8 .L K —AI RICK, (fie) D!!!Ol[9 0. G IOIO�ATMOC O.LS -- (1Rim DENOTEa RoDea- 6- RAtl2t, O.!_S (PI) DENOTES DEUVO'le9 PLAN e1 61 rt> PLAN Oe0 D'U � I. JP` 0, N 0 (TM) RERADm wAIN g1, DCK PfK 3.e•'r -� �» AS30OATION OF ONTARm LAND SURVEYORS R.Yr stm�ar �Bi 1 7 2 8 2 9 4 SURVEYOR'S REAL. PROPERTY REPORT (PART 2) REPORT SUMMARY EOUNDART Bt1wJFN t a AND e RAN IWO TowR9Rw or aouNTY ov EwcDE. NONE TM REPORT wAS PR-- - D.WS Te TIE {+09fION OP Tl1E POOL. ON TAT 4 RELAThB TO THE 1/1E FNDE SiWE M"""' N WT Y Nd ereewl by Nb RWP NONE TH13 REPORT WA3 PNEPAR® FM MR JDIM WAMOOA AND THE UNDERAONED AREPT9 No RE�ON9BIt1TY FOP USS BY OTl/0i PARTIES ryTl auecvc T(/K:l ML OYNerlD Land 9uiw= Canada Lend 9prve eq I a AOAO e I,70n1 Ti3 -S!q YL NMLOWI6AI�A�tl�ppN- u_- Meeting Date May 20, 2010 Page 5 of 5 Page 91 of 267 Page 92 of 267 / 1 I Q �ys�a e O x T O N a =a 5f) - 2010 -A -12 - Catherine Cudmore, 35 Penetanguishene Road... Page 93 of 267 •.I Ui m ti- t) E) 03 W as-se w i.4. Q� ais PART 1 s AREA, 0.38 ACS. � 3¢ 0 ■ www r L4` 'PART' 2 0 Z. m AREA h = 0.52ACS. wcc :J P� oo a. C: � Cl , swtl , 5f) - 2010 -A -12 - Catherine Cudmore, 35 Penetanguishene Road... ao10 -,q -ca PLAN OF SURVEY OF LOT . 8 , 'tEGISTERED PLAN 1069 TOWNSHIP OF ORO , COUNTY OF SIMCOE BeeIN I °a 80' Rodney C. Ralkes - 0•L•9- 1975 il..r 1144 ' '=`v ,6. � a, {IF :1069) P. almm CAUTION no PLAM wNORA PW YeANele aeeayltMt e. My "a. mm qtO" NOTES slomm N iw, elsyfRl' ALL tuNau LtlNS elp7e lLL-(�' Ote.tr M�4 b. LL11— .� Ya.A @A LT. -0- twr tw AL ...�. SURVEYOR'S C 1 lelMYT eeMTatT tNAT LTNIS euMVeT ANO VIJM MM6Qp� TNe SYRYlq ACT AND TM[ REDBy MADR TMRIRIMiOeM. IL TM MXWW WAS COt KCM CM I BLOCK A `q�r� DATG f4wa 14th , IM &f,4 i I � Dnrorto� r z 3 RODNEY C. ] "°'"°' .� TARIO LAND BOX 1180 BARRIE , ON SM A'TY LAY ROAD (rom,my D,*is stj R.E.A. 6.T Page 94 of 267 5f) - 2010 -A -12 - Catherine Cudmore, 35 Penetanguishene Road... V 6 OW jW <d 30 rg � �0 m 3NO�S -�lol� 3„DD�Z.LDN 57f S�'Oti o 1 E OW x CV Q Nv i u Q �� x m ¢ z 0� ��S D )Rive d ma 0 Page 95 of 267 so (815) OG) l 5f) - 2010 -A -12 - Catherine Cudmore, 35 Penetanguishene Road... BAYCREST DRIVE N8223'00 "E ro,45rwa7l n 524 (738) (b PART 1 R P.I.N. 5955) —o055 av h 0 QV PART 2 P.I.N. sms3 -0054 ao STEAL FENCE g — x— x —x —x- (1255) IBM 8 6 I I I E2N(E Di Q WALL 0.5 E 0) L V R' WALL D.a E aoco -�--ta SURVEYOR'S REAL PROPERTY REPORT ( PART 1 ) PLAN OF SURVEY OF BOUNDARY BETWEEN LOTS 8 AND 9 REGISTERED PLAN 1069 GEOGRAPHIC TOWNSHIP OF ORO- MEDONTE TOWNSHIP OF ORO COUNTY OF SIMCOE SCALE 1: 100 1 0 5 0 metros CON LAND SURVEYORS INC. SURVEYOR'S CERTIFICATE 1) THIS SURVEY' AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT. THE SURVEYORS ACT AND THE REGULATIONS MADE UNDER THEM. 2) THE SURVEY WAS COMPLETED ON THE 222NDDA DAY /OF JULY, 1. 2 — &C'��3.- JULY 31, 2009 DATE PETER T. RAVES, BSc. OUP, OLS ONTARIO LAND SURVEYOR BEARING NOTE BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO PART OF THE WESTERLY LIMIT OF LOT 9 AS SHOWN ON A PLAN 51R -4508, HAVING A BEARING OF N7'27'00'E LEGEND i- DENOTES FOUND SURVEY MONUMENT -0- DENOTES PLANTED SURVEY MONUMENT MA DENOTES IRON BAR ROUND IB DENOTES IRON BAR (515) DENOTES J. H. DIAMOND. O.L.S. (738) DENOTES R. G KIWATRICK. OAS. (12M* DE140TES RODNEY C. rZAINE4 O.LS. (P1) DENOTES REGISTERED PLAN 1089 (P2) DENOTES PUN 51R -4508 SURVEYOR'S REAL PROPERTY REPORT (PART 2) REPORT SUMMARY es on of BOUNDARY BETWEEN L07S 8 AND 9 REGISTERED PLAN 1089 TOWNSWP OF ORO, COUNTY OF SUACOE • w dla —o NONE men s THIS REPORT WAS PREPARED TO ILLUSTRATE THE POSITION OF THE POOL, ON LOT 0, RELATIVE TO THE BOUNDARY AND TO ILLUSTRATE THE POSITION OF THE FENCE AND AR)ACUR STONE WALL ON LOT 9 knoe with onln Lowe Not ortIfed by tNle Report Aoldftnd NONE THIS RFPpii WAS PREPARED FOR MR. JOHN WARNICA AND TiE UNDERSIGNED ACCEPTS NO RESPONSIBILITY FOR USE BY OTHER PARTIES. LfiIV L/ JUJ% V E L LlFtJ INC. Ontorto Land Surveyors Canada Land Survoyors 99 BIG BAY POINT ROAD GAME. ONTARO L4N BM5 (705) 722 -3815 E -MAL MAILOODNI-ANDMVEtivRS.COM Page 96 of 267 Lp,ffiZ FOUND ® (735) 84 TN REPUTED A E SIB BLOCK `� p,I.N• s11— ASSOCIATION OF ONTARIO LAND SURVEYORS P,m sualas5(W FORM 1 7 2 8 2 9 4 DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE INS PLAN IS NOT VALID CONVERTED TO FEET BY DIVIDING UNLESS IT IS AN EMBOSSED BY 0.3048, ORIGINAL COPY ISSUED BY THE SURVEYOR 1) THIS SURVEY' AND PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT. THE SURVEYORS ACT AND THE REGULATIONS MADE UNDER THEM. 2) THE SURVEY WAS COMPLETED ON THE 222NDDA DAY /OF JULY, 1. 2 — &C'��3.- JULY 31, 2009 DATE PETER T. RAVES, BSc. OUP, OLS ONTARIO LAND SURVEYOR BEARING NOTE BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO PART OF THE WESTERLY LIMIT OF LOT 9 AS SHOWN ON A PLAN 51R -4508, HAVING A BEARING OF N7'27'00'E LEGEND i- DENOTES FOUND SURVEY MONUMENT -0- DENOTES PLANTED SURVEY MONUMENT MA DENOTES IRON BAR ROUND IB DENOTES IRON BAR (515) DENOTES J. H. DIAMOND. O.L.S. (738) DENOTES R. G KIWATRICK. OAS. (12M* DE140TES RODNEY C. rZAINE4 O.LS. (P1) DENOTES REGISTERED PLAN 1089 (P2) DENOTES PUN 51R -4508 SURVEYOR'S REAL PROPERTY REPORT (PART 2) REPORT SUMMARY es on of BOUNDARY BETWEEN L07S 8 AND 9 REGISTERED PLAN 1089 TOWNSWP OF ORO, COUNTY OF SUACOE • w dla —o NONE men s THIS REPORT WAS PREPARED TO ILLUSTRATE THE POSITION OF THE POOL, ON LOT 0, RELATIVE TO THE BOUNDARY AND TO ILLUSTRATE THE POSITION OF THE FENCE AND AR)ACUR STONE WALL ON LOT 9 knoe with onln Lowe Not ortIfed by tNle Report Aoldftnd NONE THIS RFPpii WAS PREPARED FOR MR. JOHN WARNICA AND TiE UNDERSIGNED ACCEPTS NO RESPONSIBILITY FOR USE BY OTHER PARTIES. LfiIV L/ JUJ% V E L LlFtJ INC. Ontorto Land Surveyors Canada Land Survoyors 99 BIG BAY POINT ROAD GAME. ONTARO L4N BM5 (705) 722 -3815 E -MAL MAILOODNI-ANDMVEtivRS.COM Page 96 of 267 48 (II,S> i Q 0 5f) - 2010 -A -12 - Catherine Cudmore, 35 Penetanguishene Road... BAYCREST DRIVE 46.65 IS RFPL.ACIS nM.) N82'23'00'E i8 \� NB4 �� � - -+ 41,r� 772 e) (115.24 (738 40 PART 1 I aLN SBSSJ -0053 n-o �� 1728294 (1288) Tee ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048. THIS PLAN IS NOT VALID UNLESS IT IS AN EMBOSSED ORUNCAL COPY ISSUED BY THE SURVEYOR PART 2 P M SBSST -00.54 (LY) STEAL FENCE FENCE ID, _ - X- X- X- X \O WALL G 0.5 E NGROUND POOL Q 11, • f f� �N liy • mltla WALL 0.8 E Loco -A ^ ca SURVEYOR'S REAL PROPERTY REPORT ( PART 1 ) PLAN OF SURVEY OF BOUNDARY BETWEEN LOTS 8 AND 9 REGISTERED PLAN 1069 GEOGRAPHIC TOWNSHIP OF ORO— MEDONTE TOWNSHIP OF ORO COUNTY OF SMCOE SCALE 1 : 100 a CDN LAND SURVEYORS INC. ma SURVEYOR'S CERTIFICATE I CERTIFY MAT: 1) THIS SURVEY AND PLAN ARE CORRECT AND N ACCORDANCE M1TH THE SURVEYS ACT, THE SURVEYORS ACT AND THE REGULATIONS MADE UNDER THEM. 2) THE SURVEY WAS COMPLETED ON THE MD DAY OF JULY, 2008. JULY 31. 2008 DATE PETER T. RA80:S, BSc, OUP, CLS ONTARIO LAND SURVEYOR BEARING NOTE BEARINGS ARE ASTRONOMIC AND ARE REFIIiRED TO PART OF THE WESTERLY LIMIT OF LOT 9 AS SHOWN ON A PLAN MR -4808, HAVING A BEARING OF N727'000E. LEGEND DENOTES FOUND SURVEY MONUMENT -N>- DENOTES PLANTED SURVEY MONUMENT IH DENOTES IRON BAR ROUND a DENOTES IRON BAR (815) DENOTES J. H. DIAMOND, O.L.S. (738) DENOTES R C. KIRKPATRICN. O.L.S (1256) DENOTES RODNEI'-L-iWKES, O.L.S. (P1) DENOTES REGISTERED PLAN 1069 (P7) DENOTES PLAN 81R -4808 0,04 on E 46.65 IS RFPL.ACIS nM.) \� NB4 �� � A 8150CK Q,. (1258) 4 (LT) p,I.N• ASSOCIATION OF ONTARIO LAND SURVEYORS PLAN RNMISSW A7RU 1728294 METRIQ DSTANQNCE S SHOWN ON THIS PLAN ARE IN METRES AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048. THIS PLAN IS NOT VALID UNLESS IT IS AN EMBOSSED ORUNCAL COPY ISSUED BY THE SURVEYOR ®COPYRIGHT 2009 WN NAND SURVEYORS SURVEYOR'S REAL PROPERTY REPORT (PART 2) REPORT SUMMARY BOUNDARY BETWEEN LOTS 8 AND 9 REGISTERED PLAN 1OB9 TOWNSHIP a OR0 OOUNTY BARGEE NONE Enawchirmts DO REPORT WAS PREPARED TO ILLUSTRATE THE POSITION OF THE POOL. ON TAT B, RELATIVE TO THE BOUNDARY AND TO ILLUSTRATE THE POSITION OF THE FENCE AND ARMOUR STONE WALL ON LOT 9 Not oerUfled by 00 RepaL NONE THIS REPORT WAS PREPARED FOR MR JOHN WARNICA AND THE UNDER510NED ACCEPTS NO RESPONSIBU FOR USE BY OTHER PARTIES. L,etm ! auKVC Yuma t1YG 0M8rfO Land surveyors Canada Land Surveyors M 0I9 BAY POOR ROAD BARRE, ONTARIO LAIN SIN (705) 722 -3846 E —MAIL BOOM AMD I BtEFL= FIE_N.W Page 97 of 267 5f) - 2010 -A -12 - Catherine Cudmore, 35 Penetanguishene Road... Page 98 of 267 5g) - 2010 -B -09 - Brian Strachan, 1247 Line 8 North, Co... TOWNSHIP OF ORO- MEDONTE flift'' REPORT Tua+hi ro Prn„J Henfagr, F«irinq Fame Application No: To: Committee of Adjustment Prepared By: 2010 -B -09 Steven Farquharson, B.URPL Intermediate Planner Meeting Date: Subject: Consent Application Motion # May 20, 2010 Brian Robert Strachan Concession 9, Lot 13 (Former Township of Oro), Roll #: R.M.S. File #: 4346 -010- 004 -0200 1247 Line 8 N D10 -40427 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor 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. BACKGROUND: 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 Line 8 North of approximately 279 metres (917 feet), a lot depth of approximately 749 metres (917 feet) and a lot area of approximately 21 hectares (52 acres). The lands to be retained would also have frontage along Line 8 North of 422 metres (1386 feet), a lot depth of approximately 759 metres (2493 feet), and a lot area of approximately 22 hectares (54 acres). The retained parcel currently has an existing 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 1997, when they merged in title under the applicant's name. The two lots were created by way of consent on June 10,1974, but however merged back together. The summary of the deeds which support this timeline are attached to this report. Development Services Meeting Date May 20, 2010 Application No. 2010 -B -09 Page 1 of 7 Page 99 of 267 5g) - 2010 -B -09 - Brian Strachan, 1247 Line 8 North, Co... ANALYSIS: The purpose of consent application 2010 -13-09 is for a technical severance to re- create 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: Township Official Plan The subject lands are designated Agricultural 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 1974 the two parcels were created by way of by consent by the Township of Oro. The two properties where than acquired by Robert Strachan on October 15, 1997, but had subsequently merged together. 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 Robert Strachan having acquired ownership of both parcels. 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 lots. 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 building permits. e) Fronts on a public road that is maintained year -round by public authority; The parcels front onto Line 8 North which is maintained year -round by the Township, a public authority. Development Services Meeting Date May 20, 2010 Application No. 2010 -13-09 Page 2 of 7 Page 100 of 267 5g) - 2010 -B -09 - Brian Strachan, 1247 Line 8 North, 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. g) Conforms with Section D2.2.1 of this Plan; and, Section D2.2.1 of the Plan is discussed further below. 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 Line 8 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 and retained lands would have frontage on Line 8 North, which is a public roadway 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 re- create a lot. Significant traffic volume will not be generated by any additional dwelling if located on the proposed lot. 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 -law and is compatible with adjacent uses; The application proposes to re- create a lot that once existed, which has inadvertently been merged on title. The lands proposed to be severed would have a frontage along Line 8 North of approximately 279 metres (917 feet), a lot depth of approximately 749 metres (917 feet) and a lot area of approximately 21 hectares (52 acres). The lands to be retained would also have frontage along Line 8 North of 422 metres (1386 feet), a lot depth of approximately 759 metres (2493 feet), and a lot area of approximately 21 hectares (54 acres). The retained parcel currently has an existing 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 a 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 May 20, 2010 Application No. 2010 -B -09 Page 3 of 7 Page 101 of 267 5g) - 2010 -B -09 - Brian Strachan, 1247 Line 8 North, Co... 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, who has stated that they have no objection to the proposed application. 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. County Official Plan In analyzing this Consent application, Township staff reviewed both the County Official Plan currently in effect as well as the Official Plan adopted by County Council in November 2008. Specifically, Section 3.6 contains the Agricultural policies which are required to be considered in assessing the proposed technical severance application. Section 3.6.6 states that new lots should be not less than 36 hectares or the original survey lot size, whichever is the lesser. As stated above, these two lots merged in 1997 and prior to that time were separately conveyable as a 21 hectare and 22 hectare parcel and therefore it is considered appropriate to re- create these parcels at the land size previously in existence. The proposed technical severance would be consistent with the surrounding land uses, would provide sufficient land area for agricultural purposes, and has been determined that it conforms to the policies of the County Plan. The adopted County Plan continues to include the policies discussed above and therefore, it is our opinion that the proposed development generally conforms to the policies of both County Official Plans (approved and adopted). Provincial Policy Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Policy 2.3.4 contains the policies in Agricultural Areas in municipalities which permits lot creation in prime agricultural area's provided that that the lots are of size appropriate for the type of agricultural use common in the area and are of sufficiently large to maintain flexability for future changes in the type of agricultural operations. The proposed Consent is intended to re- create a parcel of land which Development Services Meeting Date May 20, 2010 Application No. 2010 -B -09 Page 4 of 7 Page 102 of 267 5g) - 2010 -B -09 - Brian Strachan, 1247 Line 8 North, Co... was previously separately conveyable and contains 21 hectares (52 acres) of land provide for a use that was intended on an existing lot. The proposed use is consistent with other lots of record in the surrounding area. The Township's comprehensive Zoning By -law requires a minimum lot area of 2.0 hectares for agricultural use and 4.0 hectares for a specialized agricultural use. The proposed lot size of the severed lands would be able to accommodate both of these types of agricultural uses. In Policy 1.6, "Infrastructure and Public Service Facilities ", addresses issues such as the use of existing infrastructure and public service facilities should be optimized, wherever feasible, before consideration is given to developing new infrastructure and public service facilities. The lot would be serviced by an individual well and private septic system at the time that any buildings were proposed to be constructed. The proposed Consent application which provides for the technical severance to re- create a lot which was separately conveyable and based on the lot are of 21 hectares (52 acres) could be utilized for agricultural use and is considered to be consistent with the Provincial Policy Statement. Places to Grow The application has been reviewed with reference to the Place to Grow policies that have been in place since 2006. In Policy 2.2.9 - Rural Areas there are provisions that allow for residential development to occur outside of settlement areas in site specific locations with approved designations. The proposed consent as stated above would re- create a lot which was previously separately conveyable and merged on title when acquired in the same ownership. As stated above, the Township's Official Plan currently contains policies which permit staff and the Committee to consider these technical severances in accordance with the existing policies provided for within the Official Plan, on this basis the consent for the technical severance to re- create the original lot would therefore conform to this policy. Based on the above, the Consent application would generally conform with the Place to Grow legislation. ZONING BY -LAW The subject property is currently zoned Agricultural /Rural (A/RU) and Environmental Protection (EP) Zone in the Township's Zoning By -law 97 -95, as amended. The proposed severed and retained lots would continue to comply with the provisions of the Agricultural /Rural (A/RU) Zone, as the minimum lot area and frontage have been met for agricultural purposes. 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 — Lake Simcoe Conservation Authority- No Objection (Comments attached) Development Services Meeting Date May 20, 2010 Application No. 2010 -13-09 Page 5 of 7 Page 103 of 267 5g) - 2010 -B -09 - Brian Strachan, 1247 Line 8 North, Co... ATTACHMENTS: Schedule #1- Location Map CONCLUSION: 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 D2.2.3 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 -09 for a technical severance is appropriate. Respectfully submitted: Steven Fa arson, Z/BRPL Intermediate Planner Reviewed by: "L_ -Ze� Andria Leigh, MCIP RPP Director of Development Services Development Services Meeting Date May 20, 2010 Application No. 2010 -B -09 Page 6 of 7 Page 104 of 267 5g) - 2010 -B -09 - Brian Strachan, 1247 Line 8 North, Co... SCHEDULE 1: LOCATION MAP 2010- B- 09(Strachan) Development Services Meeting Date May 20, 2010 Application No. 2010.8 -09 Page 7 of 7 Page 105 of 267 Page 106 of 267 5g) - 2010 -B -09 - Brian Strachan, 1247 Line 8 North, Co... SHIRLEY PARTRIDGE REGISTRY SERVICES INC. 168 LAKESHORE ROAD WEST R.R. # 1, ORO STATION, ON LOL 2EO April 26th, 2010 The Corporation of The Township of Oro - Medonte 148 Line 7 S, Box 100 Oro, ON LOL 2X0 Attention: Committee of Adjustment Dear Members: Re: (Brian Robert Strachan /application for Technical Severance Dart of Lot 13, Concession 9, Township of Oro- edonte Part of PIN 58540 -0035(LT) Brian Robert Strachan owns the West Half of Lot 13, Concession 9, and Part of the North West portion of Lot 14, Concession 9. The West Half of Lot 13, Concession 9 was patented in 1845 to John Smith. In 1849, John Smith conveyed the south part of the West Half (54 acres) to Janet Smith. It was later referred to as comprised of 50 acres. The South West Quarter remained in the Smith family name until Rose Smith transferred it to William Currie in 1927. He later died and his estate subsequently conveyed it back to Rose Smith in 1941. Rose Smith then transferred the parcel to George Strachan on May 7th, 1945. The north part of the West Half of Lot 13, Concession 9 was conveyed by the aforementioned John Smith to George Crawford on May 30th, 1866. This parcel remained in the Crawford family until 1955 at which time it was acquired by A. Fleetwood Marshall and Charles Marshall, c.o.b. as A. Fleetwood Marshall & Sons. The Marshall's transferred their interest to Alexander Sycko and Lydia Sycko in 1960 with Mr. Sycko taking the lands in his name personally in 1965. Alexander Sycko obtained a severance in 1974 under File B -67/74 for Part 1 51R-3018, which parcel he subsequently conveyed to George Strachan on February 20th, 1975. George Strachan had obtained title to the north twenty (20) acres of the West Half of Lot 14, Concession 9 from Rose Smith in 1945 when he obtained the South part of the West Half of Lot 13. He then conveyed all three parcels to his son, Robert Strachan on April 24th, 1981. Brian Robert Strachan acquired the Page 107 of 267 5g) - 2010 -B -09 - Brian Strachan, 1247 Line 8 North, Co... South Part of the West Half of Lot 13, the north part of the West Half of Lot 13 now described as Part 1 51 R -3018, and the North twenty (20) acres of the West Half of Lot 14 all in the 9th Concession from his father, Robert Strachan, on October 15th, 1997. The Consent for the north part of the West Half of Lot 13 was a good and valid Consent at the time it was granted by the Committee of Adjustment for the Township of Oro on June 11, 1974 (8- 67/74). However there have been case law decisions that have ruled that the parcels merge again if the consented parcel was not dealt with. The Planning Act was amended on March 31st, 1979 to add Section 49(12) which provided that no further consent was required to deal with a parcel of land that had been conveyed with a Consent under Section 49. This effectively created the 'once a consent, always a consent" rule for any consents granted after March 31st, 1979 (unless provisional). Therefore to restore the parcel as originally established in 1849, and to effect the intent of the original decision granted in 1974, Brian Robert Strachan wishes to sever the parcel now known as Part 1, 51R -3018 from the balance of his holdings. It would then be deemed to be a separate parcel for all time, and to qualify under the amendment passed on March 31st, 1979. YOLA,very truly, '' Shirley Pa idge, Preside Shirley Partridge Registry Services Inc. Page 108 of 267 5g) - 2010 -B -09 - Brian Strachan, 1247 Line 8 North, Co... 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TOWNSHIP OF ORO- MEDONTE REPORT Application No: To: Committee of Adjustment Prepared By: 2010 -B -10 Steven Farquharson, Intermediate Planner Meeting Date: Subject: Consent Application Motion # May 20, 2010 Gordon Rankin East Half of Lot 3, Concession 10, 3750 Line 10 North Roll #: R.M.S. File #: 4346- 020 - 010 -13400 (Former Township of Medonte) D10 -40433 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 2. That the severed lands be merged in title with 3776 Line 10 North 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 prepare and submit for review by the municipality a Reference Plan showing an easement for access to the mutual well located at 3776 Line 10 North. 4. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 5. That the 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. BACKGROUND: The applicant is proposing a boundary adjustment to convey approximately 0.6 hectares (1.4 acres) from the subject property 3750 Line 10 North, to the neighbouring residential lot being 3776 Line 10 North. The proposed retained lot, would consist of approximately 40 hectares (99 acres), and currently contains a residential dwelling and various outbuildings. No new building lots are proposed to be created as a result of the lot addition. Development Services Meeting Date: May 20, 2010 Application No. 2010 -13-10 Page 1 of 5 Page 119 of 267 5h) - 2010 -B -10 - Gordon Rankin, 3750 Line 10 North, East Ha... L ANALYSIS: The purpose of application 2010 -B -10 is to permit a lot addition /boundary adjustment. The proposed lot addition will result in an increase of approximately 34 metres on Line 10 N, a lot depth of approximately 94 metres and an area of approximately 0.6 hectares. The subject lands are proposed to be added to the adjacent lands to the north being 3776 Line 10 North. No new building lot is proposed to be created as a result of the lot addition. FINANCIAL: Not applicable. POLICIES /LEGISLATION: OFFICIAL PLAN The subject lands are designated Agricultural by the Official Plan (OP). Section D2 of the OP contains policies with respect to subdivision of land. Specifically, Section D2.2.2 "Boundary Adjustments ", provides the following guidance for Consent Applications in general: "a consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created... the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected." With respect to the application at hand, no new building lots are proposed and it is not anticipated that the proposed boundary adjustment would affect the viability of the agricultural parcel. The subject lands currently contain a single detached dwelling with various outbuildings and the viability would not appear to be affected by the proposed boundary adjustment. As such, the proposed boundary adjustment is generally in keeping with the intent of the policies stated in the Official Plan, and otherwise conforms with the boundary adjustment policies contained in Section D.2.2.2. ZONING BY -LAW The subject property is currently zoned Agricultural /Rural (A/RU) Zone in the Township's Zoning By- law. The lot to be enhanced, 3776 Line 10 North, is also zoned Agricultural /Rural (A/RU) Zone and currently contains a residential dwelling. The applicant has indicated that the portion of the lands to be conveyed currently contains a mutual well, which would include an easement to allow for the retained lands being 3750 Line 10 North, to have access to the well. The enhanced lot is proposed to have a new total lot area of 0.8 hectares, which would bring the lot into compliance with the minimum lot area requirements for a single detached dwelling in the A/RU Zone. Therefore, the application would comply with the provisions as prescribed by the Zoning By -law. Development Services Meeting Date: May 20, 2010 Application No. 2010 -B -10 Page 2 of 5 Page 120 of 267 5h) - 2010 -B -10 - Gordon Rankin, 3750 Line 10 North, East Ha... CONSULTATIONS: Transportation and Environmental Services - Building Department - Engineering Department — Nottawasaga Valley Conservation Authority- ATTACHMENTS: Schedule #1- Location Map CONCLUSION: It is the opinion of the Planning Department, that Consent application 2010 -B -10, for a boundary adjustment would appear to conform to the general intent of the Official Plan, and maintains the use and setback provisions of the Zoning By -law. Respectfully submitted: Steven quharson, B.URPL Intermediate Planner Reviewed by: Andria Leigh, MCIP, RPP Director of Development Services Development Services Meeting Date: May 20, 2010 Application No. 2010 -13-10 Page 3 of 5 Page 121 of 267 5h) - 2010 -B -10 - Gordon Rankin, 3750 Line 10 North, East Ha... Page 122 of 267 5h) - 2010 -B -10 - Gordon Rankin, 3750 Line 10 North, East Ha... Page 123 of 267 Page 124 of 267 5h) - 2010 -B -10 - Gordon Rankin, 3750 Line 10 North, East Ha... Page 125 of 267 5h) - 2010 -B -10 - Gordon Rankin, 3750 Line 10 North, East Ha... OV3NIl c O T M1 W O T o O N d m o n ❑® Page 126 of 267 4 V OR 5h) - 2010 -B -10 - Gordon Rankin, 3750 Line 10 North, East Ha... UMMH /\ of FART Of THE E1/T Of WT 7, CARCFSSIOII io X (maaAV� n� m �onq TOWNSHIP OF ORO- MEDONTS UNR OP ®OODE 444~9, aG�g G O b9 1' p�♦ A 40 s a '" � r N � A, A N f O f � o � ao z to ,M `4Ae y� V 'G 4 I < � J% �O P o \ �' c \ 2 \ / 4 \ / VO / `A 44 \ M14. 4° v 44 4 GROYIOq 9IORM OM ilq PVM IlR al ImRb Alp o1R � CoN1L11m TO IRT W OPO11O R O.IOOI Page 127 of 267 \ n y ea o P�t� a 0 0 4T F°°14�1ti p ✓ \ i \ / 1 z to ,M `4Ae y� V 'G 4 I < � J% �O P o \ �' c \ 2 \ / 4 \ / VO / `A 44 \ M14. 4° v 44 4 GROYIOq 9IORM OM ilq PVM IlR al ImRb Alp o1R � CoN1L11m TO IRT W OPO11O R O.IOOI Page 127 of 267 / / / / / / / / / man LL z to ,M `4Ae y� V 'G 4 I < � J% �O P o \ �' c \ 2 \ / 4 \ / VO / `A 44 \ M14. 4° v 44 4 GROYIOq 9IORM OM ilq PVM IlR al ImRb Alp o1R � CoN1L11m TO IRT W OPO11O R O.IOOI Page 127 of 267 5h) - 2010 -B -10 - Gordon Rankin, 3750 Line 10 North, East Ha... Page 128 of 267 5h) - 2010 -B -10 - Gordon Rankin, 3750 Line 10 North, East Ha... Page 129 of 267 f f . �f. fit. f����j,�� ,-`I • � � � f � � y f 1 y rt r • f 9 Page 129 of 267 5h) - 2010 -B -10 - Gordon Rankin, 3750 Line 10 North, East Ha... Page 130 of 267 r 7 -.e fp1 �, VV � t � � �•� �. ACT °� 1 71 ` Page 130 of 267 5h) - 2010 -B -10 - Gordon Rankin, 3750 Line 10 North, East Ha... Page 131 of 267 Page 132 of 267 5i) - 2010 -B -11 - Claro Construction Ltd, 1441 Line 4 North,... GERALD E. NORMAN LAW OFFICE 99 Bayrield Street, Box 732 Barrie, Ontario L4M 4Y5 Telephone: (705) 726 2772 FAX: (705) 734 1942 E -mail: geraldnorman@normanlawofce.ca April 19, 2010 Township of Oro - Medonte P. 0. Box 100 Oro, Ontario LOL 2X0 Attention: Committee of Adjustments Dear Sirs/Madams: RE: Claro Construction Ltd. - Application for Severance Parts of the West Half & East Half of Lot 12, Concession 5, Township of Oro - Medonte, County of Simcoe ( "Claro Lands") Please be advised that I act for Claro Construction Ltd. ( "Claro ") and have been requested to review the title to the above mentioned lands and to provide a report pertaining to same in support of an Application for Severance by Claro with respect to its lands consisting of approximately 120 acres, thereby creating two (2) separate parcels. The Claro Lands, consisting of Part of the East Half of Lot 12 (approximately 35 acres), hereinafter referred to as "Part A" and consisting of Part of the West Half of Lot 12 (approximately 85 acres), hereinafter referred to as "Part B ", were purchased by Claro on June 28m, 2005 by Instrument No. SC341541. Notwithstanding the foregoing however, the Claro Lands previously consisted of two (2) separate parcels of land until April 22 °d,1950 when Joseph Reynolds, who owned Part A, acquired Part B by Instrument No. 16987. Part A was acquired by Joseph Reynolds on May 7d, 1918 by Instrument No. 10228. Page 133 of 267 5i) - 2010 -B -11 - Claro Construction Ltd, 1441 Line 4 North,... Page 2. Together with this letter, I am enclosing for your review, a photocopy of the Parcel Registers with respect to Part A, being the East Half of Lot 12 and Part B, being the West Half of Lot 12, along with documents showing the chains of title to date. On the chains of title, you will note that I have highlighted in yellow, the point in time when Joseph Reynolds became the owner of both, Part A and later Part B. If any further information or documentation is required, please do not hesitate to contact me. Thank you very much. Yours v ry truly, Gerald E. Norman ye/enc. cc: Clients Page 134 of 267 r� 0 L _Cz U T T 1 Cb 1 T N 5i) - 2010 -B -11 - Claro Construction Ltd, 1441 Line 4 North,... Nil Page 135 of 267 ........................ ............................... Q W e ° m $° °g --I FIL - ..........:.... --------- ®o Page 135 of 267 Nottawasaga 5i) - 2010 -B -11 - Claro Construction Ltd, 1441 Line 4 North,... Conservation Aut D 106.25212.5318.75 425 850 Meters 0 500 1,000 1,500 2,000 4,000 Feet ��l ►ice, 1 �i11�� %� �, a' pVKV05EO .1eC' �4icr `e . us-d p0swinffm OSwdpw awe �ewn�enmmty •aOWaamm, A= PMO Page 136 of 267 5i) - 2010 -B -11 - Claro Construction Ltd, 1441 Line 4 North,... Page 137 of 267 Page 138 of 267 5j) - 2010 -B -14 -Allan Shelswell, 127 Line 12 North, Conces... TOWNSHIP OF ORO- MEDONTE �1,' REPORT te 11—d H,,Wgr, Fnir,ng Fnuor, Application No: To: Committee of Adjustment Prepared By: 2010 -B -14 Steven Farquharson, B.URPL Intermediate Planner Meeting Date: Subject: Consent Application Motion # May 20, 2010 Allan Shelswell Concession 13, Lot 19 (Former Township of Oro), Roll #: R.M.S. File #: 4346- 010 - 005 -1000 127 Line 12 N D10 -40434 REQUIRED CONDITIONS: BACKGROUND: 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 lot frontage along Line 12 N of approximately 67 metres (221 feet), with a lot depth of approximately 335 metres (1100 feet) and a lot area of approximately 4.8 hectares (12 acres). The lands to be retained would have a lot area of approximately 35 hectares (87 acres) and currently contains a dwelling and various outbuildings. 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 1964, when they merged in title under the applicant's name. The summary of the deeds which support this timeline are attached to this report. The subject lands were severed by way of consent in 1960, but subsequently merged back in title in 1964. ANALYSIS: The purpose of consent application 2010 -B -14 is for a technical severance to re- create 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. Development Services Meeting Date May 20, 2010 Application No. 2010 -B -14 Page 1 of 7 Page 139 of 267 5j) - 2010 -B -14 -Allan Shelswell, 127 Line 12 North, Conces... POLICIES /LEGISLATION: OFFICIAL PLAN The subject lands are designated Agricultural 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 1960 the two parcels were created by way of severance by the Township of Oro. The two properties where than acquired by Allan Shelswell as the sole owner in 1964, 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 Allan Shelswell having ownership of both parcels. 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 severed and retained parcels are not the same shape or size as they existed at the time they were separate lots. The applicant's were granted a severance on July 15, 2004, for a residential lot measuring 0.4 hectares. Therefore, it is determined that the lands are not of the same shape and size as it existed when they merged. 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 building permits. e) Fronts on a public road that is maintained year -round by public authority, The parcels front onto Line 12 North which is maintained year -round by a public authority. f) There are no public interest served by maintaining the properly as a single conveyable parcel, The public interest would not be affected by this proposal. g) Conforms with Section D2.2.1 of this Plan; and, Section D2,2.1 of the Plan is discussed below. 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 Line 12 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: Development Services Meeting Date May 20, 2010 Application No. 2010 -B -14 Page 2 of 7 Page 140 of 267 5j) - 2010 -B -14 -Allan Shelswell, 127 Line 12 North, Conces... a) Fronts on and will be directly accessed by a public road that is maintained year round basis: The proposed severed lands and retained lands would have frontage on Line 12 North, 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 direct 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 -law and is compatible with adjacent uses; The application proposes to re- create a lot that once existed, which has inadvertently been merged on title. The purpose of the consent application is for a technical severance to re- create a lot which once existed as a separate parcel of land. The lands proposed to be severed would have a lot frontage along Line 12 N of approximately 67 metres (221 feet), with a lot depth of approximately 335 metres (1100 feet) and a lot area of approximately 4.8 hectares (12 acres). The lands to be retained would have a lot area of approximately 35 hectares (87 acres) and currently contains a dwelling and various outbuildings. 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. 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; Development Services Application No. 2010 -B -14 Meeting Date May 20, 2010 Page 3 of 7 Page 141 of 267 5j) - 2010 -B -14 -Allan Shelswell, 127 Line 12 North, Conces... The rear portion of the severed lands is regulated by Lake Simcoe Region Conservation Authority, however there is still sufficient area outside of the regulated area to construct a dwelling. The LSCRA have provided comments which are attached to this report. 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 applicant obtained a severance of a residential lot in 2004, and changed the shape and size of the lots that had previously merged on title, the application is considered to not generally conform to the Official Plan. Countv Official Plan In analyzing this Consent application, Township staff reviewed both the County Official Plan currently in effect as well as the Official Plan adopted by County Council in November 2008. Specifically, Section 3.6 contains the Agricultural policies which are required to be considered in assessing the proposed technical severance application. Section 3.6.6 states that new lots should be not less than 35 hectares or the original survey lot size, whichever is the lesser. As stated above, these two lots merged in 1964 and prior to that time were separately conveyable as a 21 hectare and 22 hectare parcel and therefore it is considered appropriate to re- create these parcels at the land size previously in existence. The proposed technical severance would be consistent with the surrounding land uses and has been determined that it conforms to the policies of the County Plan. The adopted County Plan continues to include the policies discussed above and therefore, it is our opinion that the proposed development generally conforms to the policies of both County Official Plans (approved and adopted). Provincial Policy Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Policy 2.3.4 contains the policies in Agricultural Areas in municipalities which permits lot creation in prime agricultural area's provided that that the lots are of size appropriate for the type of agricultural use common in the area and are of sufficiently large to maintain flexibility for future changes in the type of agricultural operations. The proposed Consent is intended to re- create a parcel of land which was previously separately conveyable and contains 4.8 hectares (12 acres) of land provide for a use that was intended on an existing lot. The proposed use is consistent with other lots of record in the surrounding area. The Township's comprehensive Zoning By -law requires a minimum lot area of 2.0 hectares for agricultural use and 4.0 hectares for a specialized agricultural use. The proposed lot size of the severed lands would be able to accommodate both of these types of agricultural uses. In Policy 1.6, "Infrastructure and Public Service Facilities ", addresses issues such as the use of existing infrastructure and public service facilities should be optimized, wherever feasible, before consideration is given to developing new infrastructure and public service facilities. The lot would be serviced by an individual well and private septic system at the time that any buildings were proposed to be constructed. Development Services Meeting Date May 20, 2010 Application No. 2010 -13-14 Page 4 of 7 Page 142 of 267 5j) - 2010 -B -14 -Allan Shelswell, 127 Line 12 North, Conces... The proposed Consent application which provides for the technical severance to re- create a lot which was separately conveyable and based on the lot area of 4.8 hectares (12 acres) could be utilized for agricultural use and is considered to be consistent with the Provincial Policy Statement. The application has been reviewed with reference to the Place to Grow policies that have been in place since 2006. In Policy 2.2.9 - Rural Areas there are provisions that allow for residential development to occur outside of settlement areas in site specific locations with approved designations. The proposed consent as stated above would re- create a lot which was previously separately conveyable and merged on title when acquired in the same ownership. As stated above, the Township's Official Plan currently contains policies which permit staff and the Committee to consider these technical severances in accordance with the existing policies provided for within the Official Plan, on this basis the consent for the technical severance to re- create the original lot would therefore conform to this policy. Based on the above, the Consent application would generally conform with the Place to Grow legislation. ZONING BY -LAW The subject property is currently zoned Agricultural /Rural (A/RU) and Environmental Protection (EP) Zone in the Township's Zoning By -law 97 -95, as amended. The proposed severed and retained lots would continue to comply with the provisions of the Agricultural /Rural (A/RU) Zone, as the minimum lot area and frontage have been met to permit an agricultural use on the property. Therefore, the application would comply with the provisions as prescribed by the Zoning By -law. CONSULTATIONS: Public Works Department - Building Department - Engineering Department — County of Simcoe — Lake Simcoe Conservation Authority- Comments attached ATTACHMENTS: Schedule #1- Location Map Development Services Meeting Date May 20, 2010 Application No. 2010 -13-14 Page 5 of 7 Page 143 of 267 5j) - 2010 -B -14 -Allan Shelswell, 127 Line 12 North, Conces... CONCLUSION: By reviewing the timeline provided by the applicant, which confirms that these parcels previously existed as separate parcels, however, due to the properties not being that of the same shape and size as they were when they merged, the proposal does not appears to meet the criteria required by Section D2.2.3 of the Official Plan, it is the opinion of the Planning Department, that Consent application 2010 -B -14 for a technical severance is not appropriate. Respectfully submitted: 4 Steven rquharson, B.URPL Intermediate Planner Development Services Application No. 2010 -13-14 Reviewed by: Andria Leigh, MCIP RPP Director of Development Services Meeting Date May 20, 2010 Page 6 of 7 Page 144 of 267 5j) - 2010 -B -14 -Allan Shelswell, 127 Line 12 North, Conces... Page 145 of 267 Page 146 of 267 5j) - 2010 -B -14 -Allan Shelswell, 127 Line 12 North, Conces... SHIRLEY PARTRIDGE REGISTRY SERVICES INC. 168 LAKESHORE ROAD WEST R.R. # 1, ORO STATION, ON LOL 2EO April 26', 2010 The Corporation of The Township of Oro - Medonte 148 Line 7 S, Box 100 Oro, ON LOL 2X0 Attention: Committee of Adjustment Dear Members: Re: Allan Roy Shelswell Application for Technical Severance Part of Lot 19, Concession 13 Township of Oro - Medonte Part of PIN 58548 -0148(LT) The holdings of Allan Roy Shelswell are comprised of Part of the West Half of Lot 18 lying north of Highway 11, and Part of Lot 19, lying north of the said Highway, all in the 13th Concession in the former Township of Oro. All of Lot 19, Concession 13 (200 acres) was patented on the 17th day of July, 1832 to Edward Davis. The first conveyance after the said Patent was a Bargain and Sale to James Patton dated the 11th day of July, 1855 for the North West Quarter of Lot 19. There was a Deed Poll by the Sheriff of the County of Simcoe to A. King for the said North West Quarter in 1857. The parcel was continuously conveyed as the North West Quarter until 1953 at which time land was expropriated for Highway 11. Roy Shelswell and Ermina Shelswell received a Transfer from Charles Moore on May 28th, 1953 for "All that portion of the North West Quarter lying north of the Highway" thereby automatically severing the northwest corner from the balance of the North West Quarter lying south of the highway. On October 13th, 1960, Mr. and Mrs. Shelswell obtained a Consent from the Couchiching Area Planning Board for "all that part of Lot 19, Concession 13, lying north of Highway 11 except for" a parcel described by metes and bounds (said exception is now known as PIN 58548 - 0054). They conveyed such parcel of land to Allan Roy Shelswell on December 2 "d, 1960. The Consent granted in 1960 pre -dates the amendment to the Planning Act on March 315t, 1979 (sec 49(12)) which created the rule of "once a consent, always a consent'. Mr. Shelswell subsequently conveyed the parcel along with part of Page 147 of 267 5j) - 2010 -B -14 -Allan Shelswell, 127 Line 12 North, Conces... Lot 18 to the north to himself and his wife, Elizabeth, in 1964. They did not alter that part of Lot 19 as conveyed with Consent in any way. Mrs. Shelswell has since passed away, and Allan Shelswell is the surviving joint tenant. That part of the West Half of Lot 18, Concession 13 adjoining to the north is in the name of Mr. Shelswell as well, having been acquired by him in 1959. The West Half of Lot 18 was patented separately in 1832. Allan Shelswell wishes to restore the parcel originally consented to by the Planning Board in existence in 1960, and to give it the effect of the amendment to the Planning Act in 1979. You ry truly, Shirley Par n ge, President Shirley Partridge Registry Services Inc. Page 148 of 267 5j) - 2010 -B -14 -Allan Shelswell, 127 Line 12 North, Conces... Page 149 of 267 5j) - 2010 -B -14 -Allan Shelswell, 127 Line 12 North, Conces... Page 150 of 267 5j) - 2010 -B -14 -Allan Shelswell, 127 Line 12 North, Conces... �`i0�. j4- �1r/Lc.,Q nc e� �ween 'CDn c l 2 K l3 d -r IS \ \ o s Page 151 of 267 - 2010 -B -14 -Allan S e swe 127 Line 12 North, Conces... Aoad A-(Vuct ee Y- I Ali \V V" Page 152 of 267 5j) - 2010 -B -14 -Allan Shelswell, 127 Line 12 North, Conces... Page 153 of 267 5j) - 2010 -B -14 -Allan Shelswell, 127 Line 12 North, Conces... Page 154 of 267 5j) - 2010 -B -14 -Allan Shelswell, 127 Line 12 North, Conces... Page 155 of 267 5j) - 2010 -B -14 -Allan Shelswell, 127 Line 12 North, Conces... Page 156 of 267 5k) - 2010 -B -15 - Robert Drury, 661 Penetanguishene Road, Lo... TOWNSHIP OF ORO- MEDONTE REPORT PmuJ H<neeQc, Emiring Euuua Application No: To: Committee of Adjustment Prepared By: 2010 -B -15 Steven Farquharson, Intermediate Planner Meeting Date: Subject: Consent Application Motion # May 20, 2010 (Robert Drury) Concession 1, Lot 12 661 Penetanguishene Road Roll #: R.M.S. File #: 4346- 010- 001 -005 D13 -40439 REQUIRED CONDITIONS: BACKGROUND: The applicant is proposing a boundary adjustment to convey approximately 0.06 hectares (0.15 acres) from the subject property to the neighbouring residential lot being 170 Line 1 North. The proposed retained lot, would consist of approximately 51 hectares (126 acres), and is currently contains a residential dwelling. No new building lots are proposed to be created as a result of the lot addition. ANALYSIS: The purpose of application 2010 -B -15 is to permit a boundary adjustment. The subject lands being 661 Penetanguishene Road, to convey an area of approximately 0.06 hectares (0.15 acres) to be added to the adjacent lands being 170 Line 1 North. The retained lands would maintain an area of approximately 51 hectares (126 acres). No new building lot is proposed to be created as a result of this application. FINANCIAL: Not applicable. POLICIES /LEGISLATION: Township of Oro - Medonte Official Plan The property is designated Agricultural and Environmental Protection One in the Official Plan. The lands subject to the boundary adjustment are designated Environmental Protection One and would require consultation with the Nottawasaga Valley Conservation Authority to determine conformity with the Official Plan. Development Services Meeting Date May 20, 2010 Application No. 2010 -B -15 Page 1 of 3 Page 157 of 267 5k) - 2010 -B -15 - Robert Drury, 661 Penetanguishene Road, Lo... Township of Oro- Medonte Comprehensive Zoning By -law 97 -95 The subject property is zoned Agricultural /Rural (A/RU) Zone and Environmental Protection (EP) Zone. The lands subject to the boundary adjustment are zoned Environmental Protection (EP), given that the Township's Zoning By -law also contains a general provision (Section 5.28) which requires buildings to be setback a minimum of 30 metres from an Environmental Protection (EP) boundary, additional discussions with the applicant are required to ensure compliance for the existing dwelling. CONSULTATIONS: Transportation and Environmental Services - Building Department - Enaineerina Deoartment- ATTACHMENTS: Schedule 1: Location Map CONCLUSION: In the opinion of the Planning Department, Consent Application 2010 -B -15, being to convey approximately 0.06 hectares (0.15 acres) from the subject property to the neighbouring residential lot being 170 Line 1 North, be deferred in order for there to be further discussions with the applicant in regards to the appropriate application. Once this discussion with the applicant is completed, then the Planning Department can fully evaluate the proposed setbacks. Respectfully submitted: Steven ar on, B.URPL Intermediate Planner Development Services Application No. 2010 -13-15 Reviewed by: __A`- Andria Leigh, MCIP, RPP Director of Development Services eeting Date May 20, 2010 Page 2 of 3 Page 158 of 267 5k) - 2010 -B -15 - Robert Drury, 661 Penetanguishene Road, Lo... Page 159 of 267 Page 160 of 267 5k) - 2010 -B -15 - Robert Drury, 661 Penetanguishene Road, Lo... Page 161 of 267 Z a� m L 3NIl3Nn h U 0 Q LO o % T � l W l00; O T / N o w / o ` r� v 4VO2l3N3HSnONV13N3d Page 161 of 267 L 0 LO T M1 W 1 O T O N 5k) - 2010 -B -15 - Robert Drury, 661 Penetanguishene Road, Lo... i Page 162 of 267 CON CESS;O, r- o r R AD 5k) - 2010 -B -15 - Robert Drury, 661 Penetanguishene Road, Lo... ,R g' 9 9 0 3 E. P_ R, r• �� a `i i R 14t v r• L v b c„ ti v , ..e• A �0WANCE SETWEE.v C �' a,vD 2 E. ?. R — . a 0 7' ' 1 r- r. o O JON CEBa; ON �k m X 0 7C N m @wN D A m mmN mpC A O N -4 < L O m M n O � •� Z z O N m w m r m Oi O Q e_ i° mo �s e= oy .z.= rm '• K oT 00 \ o 0 2 E. P. R. z w Page 163 of 267 :00- 4 -4or�� °pOrm 'vi; 0 - a mm .mC r[NZ -4 +wQ Y ciar„K N _ Zz'=0 s ua ; tin o i�> h - Tsai <i O s •p-C =O '� >° '+ ^^'� ,i0m0 Z m O my • T> •vcc ur- Z9 r 7 - r K �z m s oi'm `~ = P •� K D rn m 3 o Z a �T% q0 eerie Z � O a0 ° mn t ° Page 163 of 267 5k) - 2010 -B -15 - Robert Drury, 661 Penetanguishene Road, Lo... Page 164 of 267 �Fi �' T l Y•A1 .., t' • -r r�: d rxf 5k) - 2010 -B -15 - Robert Drury, 661 Penetanguishene Road, Lo... Page 166 of 267 A.. r 4 f: ! .t � r i4 a � r7 i C s Page 166 of 267 5k) - 2010 -B -15 - Robert Drury, 661 Penetanguishene Road, Lo... it rt a Page 167 of 267 •'' 1 ` -law * .. t: i Y•� �f" T•f •� s • r'� f f _ V f i� Page 167 of 267 5k) - 2010 -B -15 - Robert Drury, 661 Penetanguishene Road, Lo... Page 168 of 267 r e w , � r • ,�iJ M 0.b, • ��. • try !„ #qq,� Spa p 4 Page 168 of 267 51) - 2010 -B -16 - Michael and Katherine Vandergeest, 2555 Du... TOWNSHIP OF ORO- MEDONTE (➢:�lr,/!''L�/ REPORT PmwJ Hrnfopr, Exrmnp Fuirnr Application No: To: Committee of Adjustment Prepared By: 2010 -B -16 Andria Leigh, MCIP, RPP Director, Developments Services Meeting Date: Subject: Consent Application Motion # May 20, 2010 Michael and Katherine Vandergeest Concession 14, Lots 12, 13, and 14 (Former Township of Medonte), Roll #: R.M.S. File #: 4346- 020 - 006 -177 2555 Dunn's Line D10 -40445 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 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. BACKGROUND: The purpose of Consent application 2010 -B -16 is for a technical severance to create a lot which once existed as a separate parcel of land. The lands proposed to be severed would have a lot frontage along Dunn's Line of approximately 167 metres (550 feet), with a lot depth of approximately 670 metres (2200 feet) and a lot area of approximately 10.1 hectares (25 acres). The lands to be retained would have a lot area of approximately 58 hectares (143 acres) and currently contains a dwelling and various outbuildings. The applicant has submitted the required deeds for the acquisition of the property, which have been attached for the Committee's reference. The applicant, Mike Vandergeest acquired the 58 ha parcel in 1979 which included the East and West Halves of Lot 13 and the West Half of Lot 12. In 1980 Mr. Vandergeest acquired the 10.1 hectare parcel being the southwest quarter of Lot 14, at the time of acquiring this parcel under the same ownership, the parcels merged on title. The lots were separate conveyable lots until 1980, when they merged in title under the applicant's name. Development Services Meeting Date: May 20, 2010 Application No. 2010 -8 -16 Page 1 of 7 Page 169 of 267 51) - 2010 -B -16 - Michael and Katherine Vandergeest, 2555 Du... ANALYSIS: The purpose of consent application 2010 -B -16 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 1979 the 58 hectare parcel was acquired by Mike Vandergeest and in 1980 the 10 hectare parcel was acquired by Mr. Vandergeest at which time they merged under the same ownership. On this basis the 10 hectare parcel 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 acquisition by Mr. Vandergeest without the ability to place the 10 hectare parcel in a separate ownership. 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; Based on the size of the parcels, they should be of an adequate size to permit the establishment of private services, this would be further confirmed prior to the issuance of any building permits. e) Fronts on a public road that is maintained year -round by public authority, The parcels front onto Dunn's Line which is maintained year -round by a public authority. Development Services Meeting Date: May 20, 2010 Application No. 2010 -13-16 Page 2 of 7 Page 170 of 267 51) - 2010 -B -16 - Michael and Katherine Vandergeest, 2555 Du... 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. g) Conforms with Section D2.2.1 of this Plan; and, Section D2.2.1 of the Plan is discussed below. h) Subject to the access policies of the relevant road authority Should a building permit be submitted for the 10 hectare parcel, the submission of an entrance permit would also be required from the Township for access for the severed lands from Dunn's Line. 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 and retained lands would have frontage on Dunn's Line, which is a public roadway 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 dwelling if located on the severed lands. The applicant will be required to apply for and obtain an entrance permit from the Township Public Works Department, at the time of considering any application for a new dwelling. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By -law 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 Dunn's Line of approximately 167 metres (550 feet) and a lot area of approximately 10.1 hectares (25 acres). The lands to be retained also have frontage on Dunn's Line and contain a land area of 58 hectares (143 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 any submission of a 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: May 20, 2010 Application No. 2010 -B -16 Page 3 of 7 Page 171 of 267 51) - 2010 -B -16 - Michael and Katherine Vandergeest, 2555 Du... 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 northern half of the proposed severed lot and the southern portion of the retained lands are regulated by the Nottawasaga Valley Lake Simcoe Region Conservation Authority, who have been circulated for their comments. As stated on the application, the retained lands currently contain the dwelling and farm buildings and any additional buildings would be subject to the applicable review and permits from the NVCA if located within the regulated area. On the severed lands, which are currently vacant, it is anticipated that buildings would be constructed outside of the regulated area, which would include approximately 12 -13 acres of the property. 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 that 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. County Official Plan In analyzing this Zoning By -law Amendment application, Township staff reviewed both the County Official Plan currently in effect as well as the Official Plan adopted by County Council in November 2008. Specifically, Section 3.6 contains the Agricultural policies which are required to be considered in assessing the proposed technical severance application. Section 3.6.6 states that new lots should be not less than 36 hectares or the original survey lot size, whichever is the lesser. As stated above, these two lots merged in 1980 and prior to that time were separately conveyable as a 10 hectare and 58 hectare parcel which were utilized for agricultural purposes. Both parcels can continue to be utilized for agricultural purposes and therefore it is considered appropriate to re- create these parcels at the land size previously in existence. The proposed technical severance would be consistent with the surrounding land uses and has been determined that it conforms to the policies of the County Plan. The adopted County Plan continues to include the policies discussed above and therefore, it is our opinion that the proposed development generally conforms to the policies of both County Official Plans (approved and adopted). Development Services Meeting Date: May 20, 2010 Application No. 2010 -B -16 Page 4 of 7 Page 172 of 267 51) - 2010 -B -16 - Michael and Katherine Vandergeest, 2555 Du... Provincial Policv Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Policy 2.3 contains the policies for Agriculture areas, Section 2.3.4 provides the policies for lot creation and lot adjustments and provides the ability for lots for agricultural uses provided that the lots are of a size appropriate for the type of use common to the area and sufficiently large to maintain flexibility for future changes in type or size of agricultural operation. The proposed Consent is intended to re- create a parcel of land which was previously separately conveyable and contains 10.1 hectares (25 acres) of land provide for a use that was intended on an existing lot which currently contains a single detached dwelling. The proposed use is consistent with other lots of record in the surrounding area. In Policy 1.6, "Infrastructure and Public Service Facilities ", addresses issues such as the use of existing infrastructure and public service facilities should be optimized, wherever feasible, before consideration is given to developing new infrastructure and public service facilities. The lot would be serviced by an individual well and private septic system at the time that any buildings were proposed to be constructed. The proposed Consent application which provides for the technical severance to re- create a lot which was separately conveyable and based on the lot are of 10.1 hectares (25 acres) could be utilized for agricultural use and is considered to be consistent with the Provincial Policy Statement. Places to Grow The application has been reviewed with reference to the Place to Grow policies that have been in place since 2006. In Policy 2.2.9 - Rural Areas there are provisions that allow for residential development to occur outside of settlement areas in site specific locations with approved designations. The proposed consent as stated above would re- create a lot which was previously separately conveyable and merged on title when acquired in the same ownership. As stated above, the Township's Official Plan currently contains policies which permit staff and the Committee to consider these technical severances in accordance with the existing policies provided for within the Official Plan, on this basis the consent for the technical severance to re- create the original lot would therefore conform to this policy. Based on the above, the Consent application would generally conform with the Place to Grow legislation. ZONING BY -LAW The subject property is currently zoned Agricultural /Rural (A/RU) and Environmental Protection (EP) Zone in the Township's Zoning By -law 97 -95, as amended. The proposed severed and retained lots would continue to comply with the provisions of the Agricultural /Rural (A/RU) Zone, as the minimum lot area and frontage have been met to permit agricultural uses on the property. Therefore, the application would comply with the provisions as prescribed by the Zoning By -law. Development Services Meeting Date: May 20, 2010 Application No. 2010 -B -16 Page 5 of 7 Page 173 of 267 51) - 2010 -B -16 - Michael and Katherine Vandergeest, 2555 Du... CONSULTATIONS: Public Works Department - Building Department- no concerns Engineering Department — County of Simcoe - ATTACHMENTS: Schedule #1- Location Map CONCLUSION: 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 -16 for a technical severance is appropriate. Respectfully submitted: Andria Leigh, MCIP, RPP Director, Development Services Development Services Meeting Date: May 20, 2010 Application No. 2010 -13-16 Page 6 of 7 Page 174 of 267 51) - 2010 -B -16 - Michael and Katherine Vandergeest, 2555 Du... Page 175 of 267 Page 176 of 267 51) - 2010 -B -16 - Michael and Katherine Vandergeest, 2555 Du... Page 177 of 267 3NilNMOI z�r= $g _ o N w♦ IY� /l O Cz O � y C0 T �J O 3Nll SNNn(J p 0' 12 �"GP O LU .� v m � a.a a s Z OVOU3018 31N003W Page 177 of 267 51) - 2010 -B -16 - Michael and Katherine Vandergeest, 2555 Du... Page 178 of 267 51) - 2010 -B -16 - Michael and Katherine Vandergeest, 2555 Du... Page 179 of 267 • s,a, ai J a � i X i r �u Page 179 of 267 51) - 2010 -B -16 - Michael and Katherine Vandergeest, 2555 Du... Page 180 of 267 0.. a � 4 .• r YI 1 i Y , • 11 t.0' Oki r Page 180 of 267 51) - 2010 -B -16 - Michael and Katherine Vandergeest, 2555 Du... Page 181 of 267 Page 182 of 267 5m) - 2010 -B -17 - Ronald Briggs, 834 Line 7 North, Concessio... TOWNSHIP OF ORO- MEDONTE REPORT PrewJ Herieegr, Ecririni� Fii,,,. Application No: To: Committee of Adjustment Prepared By: 2010 -13-17 Steven Farquharson, B.URPL Intermediate Planner Meeting Date: Subject: Consent Application Motion # May 20, 2010 Ronald Briggs Concession 7, Lot 14 and 15 (Former Township of Oro), Roll #: R.M.S. File #: 4346- 010 -003 -304 834 Line 7 N D10 -40444 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 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. BACKGROUND: 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 Line 7 North of approximately 343 metres (1126 feet), a lot depth of approximately 733 metres (2406 feet) and a lot area of approximately 25 hectares (62 acres). The lands to be retained would have frontage along 15/16 Sideroad West of 670 metres (2200 feet), and 603 (1980 feet) on Line 7 North, a lot depth of approximately 670 metres (2200 feet), and a lot area of approximately 40 hectares (100 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 1964, when they merged in title under the applicant's name. The summary of the deeds which support this timeline are attached to this report. Development Services Meeting Date May 20, 2010 Application No. 2010 -13-17 Page 1 of 7 Page 183 of 267 5m) - 2010 -B -17 - Ronald Briggs, 834 Line 7 North, Concessio... ANALYSIS: The purpose of consent application 2010 -B -17 is for a technical severance to re- create 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 1953 Ronald Briggs had ownership of East half of Lot 15 and on September 10, 1964, acquired the West half of Lot 15, therefore the two were 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 Ronald Briggs having acquired ownership of both parcels in 1964. 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 lots. 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 building 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 respectively, both of which are maintained year -round by a public authority (Township). Development Services Meeting Date May 20, 2010 Application No. 2010 -13-17 Page 2 of 7 Page 184 of 267 5m) - 2010 -B -17 - Ronald Briggs, 834 Line 7 North, Concessio... 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. g) Conforms with Section D2.2.1 of this Plan; and, Section D2.2.1 of the Plan is discussed further below. 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 the 15/16 Sideroad West. Section D2.2.1 of the Official Plan contains tests to be considered 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 the 15/16 Sideroad West and the retained land will have frontage on both the 15/16 Sideroad West and Line 7 North, 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 re- create a lot. Significant traffic volume will not be generated by any additional dwellings if located on the proposed lot. 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 re- create a lot that once existed, which has inadvertently been merged on title. . The lands proposed to be severed would have a frontage along Line 7 North of approximately 343 metres (1126 feet), a lot depth of approximately 733 metres (2406 feet) and a lot area of approximately 25 hectares (62 acres). The lands to be retained would have frontage along 15/16 Sideroad West of 670 metres (2200 feet), and 603 (1980 feet) on Line 7 North, a lot depth of approximately 670 metres (2200 feet), and a lot area of approximately 40 hectares (100 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 May 20, 2010 Application No. 2010 -13-17 Page 3 of 7 Page 185 of 267 5m) - 2010 -B -17 - Ronald Briggs, 834 Line 7 North, Concessio... 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, however there is still sufficient area outside of the regulated area to construct a dwelling. The LSRCA is providing comments, which are anticipated to be 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. Countv Official Plan In analyzing this Consent application, Township staff reviewed both the County Official Plan currently in effect as well as the Official Plan adopted by County Council in November 2008. Specifically, Section 3.6 contains the Agricultural policies which are required to be considered in assessing the proposed technical severance application. Section 3.6.6 states that new lots should be not less than 35 hectares, or the original survey lot size, whichever is the lesser. As stated above, these two lots merged in 1964 and prior to that time were separately conveyable as a 25 hectare and 40 hectare parcel and therefore it is considered appropriate to re- create these parcels at the land size previously in existence. The proposed technical severance would be consistent with the surrounding land uses, would continue to allow for agricultural uses, and has been determined that it conforms to the policies of the County Plan. The adopted County Plan continues to include the policies discussed above and therefore, it is our opinion that the proposed development generally conforms to the policies of both County Official Plans (approved and adopted). Provincial Policy Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Policy 2.3.4 contains the policies in Agricultural Areas in municipalities which permits lot creation in prime agricultural area's provided that that the lots are of size appropriate for the type of agricultural Development Services Meeting Date May 20, 2010 Application No. 2010 -B -17 Page 4 of 7 Page 186 of 267 5m) - 2010 -B -17 - Ronald Briggs, 834 Line 7 North, Concessio... use common in the area and are of sufficiently large to maintain flexibility for future changes in the type of agricultural operations. The proposed Consent is intended to re- create a parcel of land which was previously separately conveyable and contains 25 hectares (62 acres) of land provide for a use that was intended on an existing lot. The proposed use is consistent with other lots of record in the surrounding area. The Township's comprehensive Zoning By -law requires a minimum lot area of 2.0 hectares for agricultural use and 4.0 hectares for a specialized agricultural use. The proposed lot size of the severed lands would be able to accommodate both of these types of agricultural uses. In Policy 1.6, "Infrastructure and Public Service Facilities ", addresses issues such as the use of existing infrastructure and public service facilities should be optimized, wherever feasible, before consideration is given to developing new infrastructure and public service facilities. The lot would be serviced by an individual well and private septic system at the time that any buildings were proposed to be constructed. The proposed Consent application which provides for the technical severance to re- create a lot which was separately conveyable and based on the lot area of 25 hectares (62 acres) could be utilized for agricultural use and is considered to be consistent with the Provincial Policy Statement. Places to Grow The application has been reviewed with reference to the Place to Grow policies that have been in place since 2006. In Policy 2.2.9 - Rural Areas there are provisions that allow for residential development to occur outside of settlement areas in site specific locations with approved designations. The proposed consent as stated above would re- create a lot which was previously separately conveyable and merged on title when acquired in the same ownership. As stated above, the Township's Official Plan currently contains policies which permit staff and the Committee to consider these technical severances in accordance with the existing policies provided for within the Official Plan, on this basis the consent for the technical severance to re- create the original lot would therefore conform to this policy. ZONING BY -LAW The subject property is currently zoned Agricultural /Rural (A/RU) and Environmental Protection (EP) Zone in the Township's Zoning By -law 97 -95, as amended. The proposed severed and retained lots would continue to comply with the provisions of the Agricultural/Rural (A/RU) 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: Transportation and Environmental Services - Building Department - Engineering Department — County of Simcoe — Comments Forthcoming Lake Simcoe Region Conservation Authority- Comments Forthcoming Development Services Meeting Date May 20, 2010 Application No. 2010 -B -17 Page 5 of 7 Page 187 of 267 5m) - 2010 -B -17 - Ronald Briggs, 834 Line 7 North, Concessio... ATTACHMENTS: Schedule #1- Location Map CONCLUSION: 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 -19-17 for a technical severance is appropriate. Respectfully submitted: Stev uharson, 4BURPL Intermediate Planner Development Services Application No. 2010 -B -17 Reviewed by: Andria Leigh, MCIP RPP Director of Development Services Date May 20, 2010 Page 6 of 7 Page 188 of 267 ® Proposed Lands to be Severed ElProposed Retained Lands Development Services Application No. 2010 -B -17 5m) - 2010 -B -17 - Ronald Briggs, 834 Line 7 North, Concessio... SCHEDULE 1: LOCATION MAP 2010- B- 17(Briggs) F� 0 2550 100 150 200 Meters Meeting Date May 20, 2010 Page 7 of 7 Page 189 of 267 Page 190 of 267 5m) - 2010 -B -17 - Ronald Briggs, 834 Line 7 North, Concessio... SHIRLEY PARTRIDGE REGISTRY SERVICES INC. 168 LAKESHORE ROAD WEST R.R. # 1, ORO STATION, ON LOL 2EO April 29"', 2010 The Corporation of The Township of Oro- Medonte 148 Line 7 S, Box 100 Oro, ON LOL 2X0 Attention: Committee of Adjustment Dear Members: Re: Ronald Briggs Application for Technical Severance Part of Lots 14 and 15, Concession 7 Township of Oro- edonte Part of PIN 58541-0047(LT) Ronald Arthur Briggs is the registered owner of the Easterly three quarters (3/4) of Lot 15, and Ronald Briggs is the registered owner of part of Lot 14, all in the 5"' Concession of the former Township of Oro. Ronald Arthur Briggs and Ronald Briggs are one and the same person. Lot 15 was patented by the Crown into the East Half to Joseph Hall in 1868, and the West Half to George Pearce in 1872. Luke Pearsall acquired the said East Half from Hall in 1873, and subsequently conveyed it to W. Henry Pearsall in 1896. In 1936, W. Henry Pearsall passed the Easterly three quarters of Lot 15 to George W. Pearsall. The lands were then transferred to Joseph Roy Briggs and Ronald Arthur Briggs in 1944. Joseph Roy Briggs released his interest in the said lands to Ronald Arthur Briggs in 1953. The West Half of Lot 15 was conveyed by George Pearce in 1882 to Robert Colbry, Jr. Henry W. Pearsall also acquired the East Half of the West Half in 1909 and 1929, and this parcel was included in the grant to George Pearsall of the Easterly three quarters (3/4) of the lot in 1936. The chain of title then passes to Joseph Roy Briggs and Ronald Arthur Briggs as above - mentioned. The West Half of Lot 14 was patented by the Crown to William Hatch in 1843 and conveyed by him to Robert J. H. Harrison in 1847. Harrison sold the West Half to John Barkley in 1879. There were many conveyances and Powers of Sale through the years. The West Half of Lot 14 was then split in 1912 into the northerly part and the southerly part and went through several changes in ownership until George Inglis acquired both parts of the West Half in 1916. The Page 191 of 267 5m) - 2010 -B -17 - Ronald Briggs, 834 Line 7 North, Concessio... lands again went through many changes in ownership either through transfer by deed, by power of sale or bankruptcy. They were picked up by Alexander Miller in 1946 who then transferred the West Half of Lot 14 to Reginald Scott in 1949. Charles Scott acquired the West Half from Reginald Scott in 1954 and conveyed a small part of it to Ronald Briggs on September 10th, 1964. This parcel adjoined and would then merge with that part of the West Half of Lot 15 to the south acquired earlier by Briggs. Mr. Briggs wishes to re- establish the boundary between the East Half and the West Half of Lot 15 as established by the patents. The East Half of the West Half of Lot 15 acquired by him in 1944 initially adjoins that part of Lot 14 acquired later in 1964. There has been no change in the boundaries of the parcel since these acquisitions. Yo very trul , L Shirley Part d� , President Shirley Partridge Registry Services Inc. Page 192 of 267 5m) - 2010 -B -17 - Ronald Briggs, 834 Line 7 North, Concessio... Page 193 of 267 5m) - 2010 -B -17 - Ronald Briggs, 834 Line 7 North, Concessio... Page 194 of 267 5m) - 2010 -B -17 - Ronald Briggs, 834 Line 7 North, Concessio... I I JWAO ALLOWANCE WWEEN' CONCESSIONS •T AND Page 195 of 267 5m) - 2010 -B -17 - Ronald Briggs, 834 Line 7 North, Concessio... Page 196 of 267 A-1 ("a 4u p�Uaek l 0.rS, m )aefWeeh C,6tc• k iT - - ���'ei �-t �Ub✓G�te2 iacPszn e0tt L (p c t .y tA T NQQ•1' zt- -� fi Q' .r Page 196 of 267 5m) - 2010 -B -17 - Ronald Briggs, 834 Line 7 North, Concessio... Page 197 of 267 5m) - 2010 -B -17 - Ronald Briggs, 834 Line 7 North, Concessio... Page 198 of 267 5m) - 2010 -B -17 - Ronald Briggs, 834 Line 7 North, Concessio... Page 199 of 267 4 y �{ t CD N z - > `t 0 y cn c c J Page 199 of 267 5m) - 2010 -B -17 - Ronald Briggs, 834 Line 7 North, Concessio... Page 200 of 267 5m) - 2010 -B -17 - Ronald Briggs, 834 Line 7 North, Concessio... Page 201 of 267 Er i` O, a. �• a. OF Q i r W Q I N M 3NIl 5 Page 201 of 267 5m) - 2010 -B -17 - Ronald Briggs, 834 Line 7 North, Concessio... Page 202 of 267 I t yy ' M ' r 3 r �4 2 1 eF' P .J •• 1 f . 1 , Page 202 of 267 5n) - 2010 -A -10 - Anna Gordon, 11 Stanley Avenue, TOWNSHIP OF ORO- MEDONTE REPORT te I'rovd Henrogp Fxti,� Fanre Application No: To: Committee of Adjustment Prepared By: 2010 -A -10 Steven Farquharson, Intermediate Planner Meeting Date: Subject: Variance Application Motion # May 20, 2010 (Anna Gordon) 11 Stanley Aveune Lot 6, Plan 626 Roll #: R.M.S. File #: 4346 - 010- 010 -13800 D13 -40430 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report that: a) That the proposed dwelling be located no closer than approximately 17 metres from the average high water mark of Lake Simcoe; b) That the proposed dwelling be no closer than approximately 1.5 metres from the interior side lot line; c) The proposed deck be located no closer than approximately 15.2 metres from the average high water mark of Lake Simcoe d) That the proposed detached garage be located no closer than approximately 3.7 metres to the front lot line 2. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 3. That the applicant obtain any permits and /or approvals, if required, from Lake Simcoe Region Conservation Authority, if applicable 4. That the applicant obtain approval from the Township sewage system prior to issuance of any building permit; 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 by the Planning Act R.S.O. 1990, c.P. 13. Development Services Application No. 2010 -A -10 Meeting Data May 20, 2010 Pagel of 7 Page 203 of 267 5n) - 2010 -A -10 - Anna Gordon, 11 Stanley Avenue, BACKGROUND: The purpose of this report is to consider Variance Application 2010 -A -10, for relief from the Township's Comprehensive Zoning By -law in relation to the required setback for a structure from the Average High Water Mark of Lake Simcoe and the interior side yard. The applicant is also seeking relief to have a detached garage in the required front yard setback. ANALYSIS: The applicant is proposing to demolish the existing dwelling and construct a two storey single detached dwelling. The applicant is requesting relief from Section 5.31 "Setback from average high water mark of Lake Simcoe", and the minimum required interior side yard setback as noted on Table B1. The applicant is also proposing to construct a detached garage on the property which is located within the required front yard setback: Setback to Lake Simcoe Required Proposed Proposed Two Storey Dwelling 20 metres 17 metres Proposed Deck 20 metres 15.2 metres 5.1.3 Accessory Structures and Uses Permitted Locations Required Proposed a) Setback distance equal to front yard 7.5 m 3.7 m Table B1: Minimum Required Interior Side Yard Setback 3.0 m 1.5 m For a proposed two storey dwelling L FINANCIAL: L 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 C5.1 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 requested variances to the proposed dwelling would appear to maintain the character of the shoreline residential area, as dwellings are a permitted use in the Shoreline designation. Therefore, the variances would conform to the general intent of the policies contained in the Official Plan. Development Services Meeting Date May 20, 2010 Application No. 2010 -A -10 Page 2 of 7 Page 204 of 267 5n) - 2010 -A -10 - Anna Gordon, 11 Stanley Avenue, ... Does the variance comply with the general intent of the Zoning By -law? The subject lot is currently zoned Shoreline Residential (SR). The existing dwelling was constructed in approximately 1945, and would therefore be considered a non conforming structure as is does not meet the existing setback to Lake Simcoe or interior side yard setback. The primary purpose of the setback requirement from Lake Simcoe is to protect the natural features of the shoreline area in general, and the immediate shoreline of the subject property. In assessing the issue of conformity with the Zoning By -law, the proposed dwelling should not detract from the overall character of the lot and surrounding natural features. One of the purposes of regulating the construction of structures within the 20 metres from the average High Water Mark of Lake Simcoe, 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 slopes. Planning staff and LSRCA have discussed the application and it was noted that this increase in the setback from Lake Simcoe for the dwelling portion would not have a negative effect on the ecological integrity of the shoreline. It was also revealed there were mature trees along the interior property line and towards the front of the property. This tree vegetation would provide an adequate buffer between the proposed dwelling and the neighbouring dwellings. When reviewing the surrounding residences in the area, there were many dwellings that were located within the required 20 metre setback from the average high water mark of Lake Simcoe. The purpose of the side yard setback is to ensure that there is no obstructed access from the front to the rear of the property. The existing dwelling currently has a setback of 1.0 metres on both interior lot lines. The proposed dwelling is to have a setback of 1.5 on the west property line and 3.2 on the east property. By increasing the setback in the east property line it will not impede access to the rear of the lot. There is an existing vegetative buffer on the eastern property boundary which acts as a buffer between neighbouring properly and the existing dwelling. As side from the interior side yard and setback to Lake Simcoe the dwelling would otherwise meet all over Zoning By -law provisions. In terms of the detached garage being located within the required front yard setback, the applicant is proposing a 3.7 metre setback from the required 7.5 metres from the front lot line. The purpose of the setback is to ensure that structures do not cause an obstruction for the travelled portion of the road. In this instance, it is staff's opinion from observations during a site visit, that the proposed structure will not hinder the travelled portion of the road as it is being integrated into the existing cedar hedge and will not extend beyond. Therefore the intent of the front yard is maintained. If the applicant is wanting to move the driveway to have better access for the garage, an entrance permit has been granted by the Township's roads department at the proposed location on Stanley Ave. Also determined during the site visit, is that there are other properties in the area which have detached accessory buildings in similar positions on the lot, close to the road. The detached building would otherwise meet with all other Zoning By -law provisions (such as maximum height, side yard, rear yard and setback to the dwelling). On the basis of the above analysis, the variances are considered to comply with the general intent of the Zoning By -law. Is the variance appropriate for the desirable development of the lot? The proposed dwelling should provide for a form of development that is suitable and consistent with the surrounding area. The proposed variance for setback to Lake Simcoe and interior side yard, will provide for the construction of a dwelling and will continue to maintain the shoreline character of the Development Services Meeting Date May 20, 2010 Application No. 2010 -A -10 Page 3 of 7 Page 205 of 267 5n) - 2010 -A -10 - Anna Gordon, 11 Stanley Avenue, ... area. The existing dwelling is currently located approximately 15 metres from the average high water mark. The applicant is proposing that the new dwelling be located 17 metres from the average high water mark and the deck being located 15 metres. Due to the proposed location of the septic system, the applicant is not able to locate the garage further away from the front lot line. It should also be noted that there are also five accessory buildings currently existing that are not in compliance with the By -law, that the applicant has indicated they will remove should the Committee grant the requested variance for the garage Based on the site inspection, the proposed single family dwelling would appear to be appropriate for the desirable development of the lot. A large existing hedge will provide the abutting dwelling to the east and west will provide adequate buffering from the proposed dwelling. The applicant is proposing to be closer to the interior side yard on the west property line by 0.73 metres on the west side than the existing dwelling. Access to the rear of the lot will be from the east property line which proposing to have the proposed dwelling be 3.2 metres from the interior lot line. The lots 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 1.5 metres would be in keeping with the surrounding area and would maintain the character of the area. Even though, the proposed dwelling will still not meet the required setback from Lake Simcoe, the applicant is removing a non compliant structure and bringing the proposed dwelling closer to compliance and making development desirable on the lot. Due to the topography of the lot and the location of the septic system, the applicant is limited in possible areas for development. It is therefore concluded that the proposed dwelling and garage is appropriate for the development on the lot. Is the variance minor? On the basis that the proposal is reasonable and would not appear to adversely affect to the surrounding properties, and that this type of development is a common feature in the shoreline area and will not have a negative impact on privacy or access for either the subject or surrounding properties, the proposed variance is considered to be minor. CONSULTATIONS: Public Works Department - Building Department- Sewage system approval would be required prior to issuance of any building permit Engineering Department Lake Simcoe Region Conservation Authority- No Objection (formal comments to follow) ATTACHMENTS: 1. Location Map 2. Schedule 2 CONCLUSION: Development Services Meeting Date May 20, 2010 Application No. 2010 -A -10 Page 4 of 7 Page 206 of 267 5n) - 2010 -A -10 - Anna Gordon, 11 Stanley Avenue, In the opinion of the Planning Department, Variance Application 2010 -A -10, being an application to consider the construction of a dwelling within the required setback from the average high water mark appears to meet the tests of the Planning Act. Respectfully submitted: Steven rquharson, B.URPL Intermediate Planner Development Services Application No. 2010 -A -10 Reviewed by: -PTA Andria Leigh, MCIP, RPP Director of Development Services Meeting Date May 20, 2010 Page 5 of 7 Page 207 of 267 5n) - 2010 -A -10 - Anna Gordon, 11 Stanley Avenue, ... SCHEDULE 1: LOCATION MAP 2010 -A -10 ® SUBJECT LANDS J� YVaNRF Qy O ME e - So�M �L Q,A r� 0 2� ��PN�ti�I oPO X)p Meters 0 25 50 100 (Gordon) Development Services Meeting Date May 20, 2010 Application No. 2010 -A -10 Page 6 of 7 Page 208 of 267 5n) - 2010 -A -10 - Anna Gordon, 11 Stanley Avenue, ... SCHEDULE2: NEIGHBOURING PROPERTIES 2010 -A -10 Development Services Meeting Date May 20, 2010 Application No. 2010 -A -10 Page 7 of 7 Page 209 of 267 Page 210 of 267 5n) - 2010 -A -10 - Anna Gordon, 11 Stanley Avenue, ... l t cPoze(ed Av� STANLEY A VENUE Sri rw,o ooa An _____________ _A•GBtx ------- .. .--------- _ ------- __..._____, C c r 9 . -.e-A xn--------- .____ - - -_ -__ -__T _______._______ Nw, n.m - a y i ca • J TOPOGRAPMrcAL PLAN OF' LOT 6, ; REGISTERED PLAN 626, (OEOCRAPNiC TOMN P OP ORO) / 4' TOWNSHIP OF ORO- MEDONTE CIXINTY OF SIMCOE 7 v dr p1[Tf phrtmM, ID. ---------------------------- ...--- perm, -m�a •t ..------------------------------------ ---------------- + l t cPoze(ed Av� STANLEY A VENUE Sri rw,o ooa An _____________ _A•GBtx ------- .. .--------- _ ------- __..._____, C c r 9 . -.e-A xn--------- .____ - - -_ -__ -__T _______._______ Nw, n.m - a y i ca • J �, er iou V; ♦�Ly� /tA9� l• n� "` x � `✓ C m,m vw A na�ur n,W.a s wvmad[ 7 v dr � � � om.camw� �� �!• � � � 6LVATON! 4 LAKE SiMCOE L Page 211 of 267 5n) - 2010 -A -10 - Anna Gordon, 11 Stanley Avenue, ... �a_ I .I I ' I a 4 10 I: I I - I n i I I I I ijl I s � ;I I I 4 �.I 107 y MR, Willi i z I L I� I I I I rn V� &g Q Page 212 of 267 ®s : .. - : -- , �,. z O it I II 1 I I I 5n) - 2010 -A -10 - Anna Gordon, 11 Stanley Avenue, ... rri 110 P z '111"IM 7 � " Page 213 of 267 5n) - 2010 -A -10 - Anna Gordon, 11 Stanley Avenue, ... .. . .... ... .. 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Or 0 Est iWD Stow a; g 3-2•1, 'o'— -21. to* PRE ftOO" neusss (UTHEDM CDJW) Its I 14 0 1 L mm o" wood -Dace z z Page 214 of 267 5n) - 2010 -A -10 - Anna Gordon, 11 Stanley Avenue, ... 81141141 Pap 50 IR b k sR� O 6 C -o r'a 8 IR b k b k d� gg a 99 tl C q 'o o q qo C 4 sR� O 6 C -o r'a 8 IR b k b k d� gg 99 C q 'o o q qo sR� O 6 C -o r'a 8 @b A� P�'.6 Z g i Page 215 of 267 IR @b A� P�'.6 Z g i Page 215 of 267 Page 216 of 267 5o) - 2010 -A -13 - John N Johnson Construction Ltd, Part of L... � TOWNSHIP OF ORO- MEDONTE 0 j�'`� REPORT Pmwd Ifrril..ea, L'sriNnp Inane Application No: To: Committee of Adjustment Prepared By: 2010 -A -13 Glenn White, Manager of Planning Meeting Date: Subject: Variance Application Motion # May 20, 2010 (John Johnson Construction Ltd.) South side of Horseshoe Roll #: R.M.S. File #: 4346 - 010 - 005 - 233000 Valley Road, Lots 9 to 15 of D13 -40431 Proposed Draft of Subdivision 43 -OM- 93003, Part of Lot 1, Concession 14 Township of Oro - Medonte REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 1. That the lot frontages 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 Nottawasaga Valley Conservation Authority, if applicable 4. The applicant applies for a Red Lined revision application to the Draft Plan approved Plan of Subdivision 43 -OM -93003 reflecting the reduced minimum lot frontage as presented in Application 2010 -A -13. BACKGROUND: The purpose of this report is to consider Variance Application 2010 -A -13, for relief from the Township's Comprehensive Zoning By -law in relation to the required minimum lot frontages for lots within draft Plan of Subdivision 43 -OM- 93003. Development Services Meeting Date May 20, 2010 Application No. 2010 -A -13 Page 1 of 5 Page 217 of 267 50) - 2010 -A -13 - John N Johnson Construction Ltd, Part of L... ANALYSIS: The property is presently zoned Residential One Holding (R1 (H)) Zone by By -law 97- 95, as amended. The request for the reduced frontages came about as a result of the County of Simcoe requesting a road widening and allowance along Horseshoe Valley Road (County Road 22). The applicant is proposing to equally distribute the road widening requirement between lots 9 through 15. This will result in lots 9 through 15 having deficient minimum lot frontage. The applicant is requesting the minimum lot frontage to be 28 metres rather than the required 30 metres and is requesting relief from "Table B1 Standards for Permitted Uses" of Zoning By -law 97 -95: Minimum Lot Frontage Minimum Lot Frontage (Required) (Proposed) R1 Zone 30 metres 28 metres FINANCIAL: Not applicable. POLICIEWLEGISLATION: Does the variance conform to the general intent of the Official Plan? The property is designated "Rural Settlement Area" by the Official Plan. Section C3.2 of the Official Plan that "permitted uses on lands designated Rural Settlement Area .....are low density residential uses." On this basis the proposal is considered to conform with the intent of the Official Plan. Is the variance appropriate for the desirable development of the lot? The lot frontages in the rest of the draft plan of subdivision range from 30m to 30.7m. The existing lots located on the adjacent Orser Drive and Vine Street have 30m frontages. The lots proposed by Plan of Subdivision 43 -OM -93003 have lot depths of approximately twice the depth of the existing lots located on the adjacent streets. This variance application proposes to reduce the lot frontages by 2 metres resulting in proposed lot frontages of 28 metres. The reduced lot frontages will not significantly reduce the lot areas. The proposed variance will result in lot frontages which will not be out of character with the rest of the neighbourhood. Development Services Meeting Date May 20, 2010 Application No. 2010 -A -13 Page 2 of 5 Page 218 of 267 50) - 2010 -A -13 - John N Johnson Construction Ltd, Part of L... Based on the above, this application is appropriate for the desirable development of the lands and is suitable with the surrounding neighbourhood. On the basis of the above, the proposal is considered to comply with the general intent of the Zoning By -law. 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- Proposal appears to meet minimum standards ATTACHMENTS: Schedule 1: Location Map Schedule 2: Plan of Subdivision CONCLUSION: In the opinion of the Planning Department, Variance Application 2010 -A -13, to reduce the required minimum lot frontage of proposed Lots 9 through 15 of Plan of Subdivision 43 -OM -93003 from 30 metres to 28 metres, appears to meet the tests of the Planning Act. Respectfully subm' d: ol Glenn White, MCIP, RPP Manager of Planning Services Development Services Meeting Date May 20, 2010 Application No. 2010 -A -13 Page 3 of 5 Page 219 of 267 5o) - 2010 -A -13 - John N Johnson Construction Ltd, Part of L... SCHEDULE 1: LOCATION MAP 2010 -A -13 (Johnson Const. Ltd.) ® SUBJECTCANDS LLI z `� z a TOWNSHIP OF SEVERN PRICE DRIVE f�TTTTrI fTt -T-T� LAKEVIEW DRIVE HORSESHOE VALLEY ROAD z ORSER DRIVE J — B� ROB y o c� I co BASS LAKE yG m \ �Rbs g�Cx fi'a4b 0 55110 220 330 440 Meters Development Services Meeting Date May 20, 2010 Application No. 2010 -A -13 Page 4 of 5 Page 220 of 267 5o) - 2010 -A -13 - John N Johnson Construction Ltd, Part of L... SCHEDULE 2: PROPOSED PLAN OF SUBDIVISION 2010 -A -13 (Johnson Const. Ltd.) �IZ NIN �0 I I - MI5 i ° VINE STREETIy vw !16]x- otfigl� I I F— 7- I— TO HIP OF OR0 Oj oarswc noro .uaw,wcr A,.m w ra-Mft cy aw �� I,tlM OWN S TOWNSHIP OF ORILLU `oN (SOUTHERN DIVISION) Z Development Services Application No. 2010 -A -13 \1 II III !I �pM�l III I� II II H e Ip! EDITH DRIVE 8 it I I lll0 Igllo I I m Ip I I ' >lis III'N Ilo Ilz III F— n r '0 o e � C) 0' 0 t.J old in �•z Meeting Date May 20, 2010 Page 5 of 5 Page 221 of 267 Page 222 of 267 50) - 2010 -A -13 - John N Johnson Construction Ltd, Part of L... 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Page 227 of 267 S � i t �t t �s �J Page 227 of 267 Page 228 of 267 5p) - 2010 -A -11 - Dave and Valerie Hamill, 1868 Mount St. Lo. TOWNSHIP OF ORO- MEDONTE REPORT PrnuJ Hrrlmp�, F..�x ding Fn+rrrr Application No: To: Committee of Adjustment Prepared By: 2010 -A -11 Alan Wiebe, Planner Meeting Date: Subject: Variance Application Motion # May 20, 2010 (Dave and Valerie Hamill) 1868 Mount St. Louis Road East Concession 13, Part of Lot 9, RP Roll #: R.M.S. File #: 4346 - 020 - 004 -05503 51 R- 2880PT Part 1 (Medonte) D13 -40432 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 1. That notwithstanding Section 5.1.6 of Zoning By -law 97 -95, the structure shall otherwise comply with all other provisions for detached accessory buildings, as required under Section 5 of the Zoning By -law; 2. That the floor area of the detached garage not exceed approximately 120.4 square metres; 3. That the setbacks be in conformity with the dimensions as set out in the application and on the drawings submitted with the application and approved by the Committee; 4. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying in writing that the floor area of the detached accessory structure not exceed approximately 120.4 square metres and that the height of the detached accessory structure not exceed 5.6 metres; 5. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. BACKGROUND: The purpose of this report is to consider a Variance Application 2010 -A -11, for relief from the Township's Comprehensive Zoning By -law in relation to the maximum floor area and maximum height of an accessory building in the Agricultural /Rural (A/RU) Zone. The subject property has a lot frontage of approximately 79.2 metres on Mount Saint Louis Road and of approximately 67.7 metres on Highway 12, a depth of 106 metres, and a lot area of 0.636 hectares. The subject property contains a single detached dwelling, built in approximately 1975, as well as an in ground pool and an existing accessory building. The property is located at the northwest corner of the intersection of Mount Saint Louis Road and Highway 12, and is largely bound by parcels Development Services Meeting Date May 20, 2010 Application No. 2010 -A -11 Page 1 of 7 Page 229 of 267 5p) - 2010 -A -11 - Dave and Valerie Hamill, 1868 Mount St. Lo... of land in the A/RU Zone, with the exception of a municipal right -of -way to the west of the property, and land in the General Commercial Zone to the southeast of the property, to the east of Highway 12. The applicant is proposing to construct a detached garage occupying an area of 120.4 square metres, and standing 5.6 metre high, to be located in the northeast corner of the property, as close as 14.1 metres from the exterior side lot line along Highway 12. The applicant has indicated that the increased garage floor area and height are needed to accommodate the storage of a recreational vehicle, all- terrain vehicle, boats, and an automobile. ANALYSIS: PURPOSE OF APPLICATION: The applicant is proposing to construct a detached accessory building (2 car garage), to have an area of 120.4 square metres. The applicant is requesting the following relief from Zoning By -law 97 -95: Section 5.1.4 Maximum Height The maximum height of any detached accessory building or structure, except boathouses, is 4.5 metres (14.7 feet). PROPOSED height is 5.6 metres (18.29 feet). Section 5.1.6 Maximum Floor Area The maximum floor area of any detached accessory building or structure, excluding boathouses is 100 square metres on lots in the Agricultural/Rural (A/RU) Zone with an area less than 2.0 hectares. PROPOSED floor area is 120.4 square metres (1,296 square feet). FINANCIAL: Not applicable. POLICIES /LEGISLATION: Does the variance conform to the general intent of the Official Plan? The property is in the Rural land use designation with the Environmental Protection Two overlay, in the Township's Official Plan. Section C2.2 of the Official Plan states that "Permitted uses on lands in the Rural designation ... are single detached dwellings, bed and breakfast establishments, home occupations ... ". Therefore, the construction of an accessory building would be considered a permitted use. On this basis, the proposal is considered to be in conformity with the intent of the Official Plan. Does the variance comply with the general intent of the Zoning By -law? The subject property is located in the Agricultural /Rural (A/RU) Zone. The purpose for regulating the size, height and location of detached accessory buildings and structures is to ensure that such buildings remain clearly secondary to the primary use of the lot. In this case, the primary use of the property is residential, with a single detached dwelling. The provision for the maximum floor area for accessory structures in the A/RU Zone is 100 square metres. In this case, while the garage is proposed to have an area of 120.4 square metres and a height of 5.6 metres, the existing dwelling has a floor area of approximately 147 square metres. As such, the use of the proposed garage for Development Services Meeting Date May 20, 2010 Application No. 2010 -A -11 Page 2 of 7 Page 230 of 267 5p) - 2010 -A -11 - Dave and Valerie Hamill, 1868 Mount St. Lo. storage will enable the dwelling to remain the primary use on the property with the garage being secondary to the dwelling. Aside from the maximum floor area and maximum height provisions, the proposed garage will otherwise meet the interior side yard, exterior side yard, and rear yard setbacks, setback to the dwelling, and will not exceed the maximum 5 percent lot coverage provision. Therefore, the variance is considered to maintain the general intent of the Zoning By -law. Is the variance appropriate for the desirable development of the lot? A site inspection revealed that the proposed garage will be located approximately 28 metres from the front property boundary, and over 15 metres to the northeast corner of the existing dwelling. As such, the proposed garage will be well in behind the existing dwelling, with the existing dwelling maintaining its visual dominance. The site inspection also revealed that the subject lands are located in an area of the Township where surrounding lands consist of mainly large agricultural parcels. It was also noted that there is a mild vegetative buffer between the location of the proposed garage and Highway 12 which would contribute to a reduced visual impact from the highway. The proposed location is clear of any vegetation, which eliminates the need for any tree removal. The neighbouring dwellings are located approximately 80 metres from the location of the proposed garage, at nearest. As such, this distance would likely reduce any negative visual or aesthetic impact for the neighbouring residences, based on geographic separation. On this basis, the proposal is considered desirable for the appropriate development of the subject lot. Is the variance minor? As this application is deemed to be in conformity with the Official Plan, maintain the intent of the Zoning By -Law, and constitutes appropriate development, the variance is considered to be minor in nature. CONSULTATIONS: Ministry of Transportation- Permit BL- 2010- 20T -17 issued on April 21, 2010, subject to conditions Transportation and Environmental Services - Building Department - Engineering Department — ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Schedule 3: Exterior Elevations CONCLUSION: In the opinion of the Planning Department, Variance application 2010 -A -11 to grant an increase in the maximum floor area for an accessory building, from 100 square metres to 120.4 square metres, and Development Services Meeting Date May 20, 2010 Application No. 2010 -A -11 Page 3 of 7 Page 231 of 267 5p) - 2010 -A -11 - Dave and Valerie Hamill, 1868 Mount St. Lo... to grant an increase in the maximum height of an accessory building or structure, from 4.5 metres to 5.6 metres, appears to meet the four tests of the Planning Act. Respectfully submitted: Alan Wiebe, B.A Planner Reviewed by: Glenn White, MCIP, RPP Manager, Planning Services Development Services Meeting Date May 20, 2010 Application No. 2010 -A -11 Page 4 of 7 Page 232 of 267 5p) - 2010 -A -11 - Dave and Valerie Hamill, 1868 Mount St. Lo... SCHEDULE 1: LOCATION MAP 2010 -A -11 (Hamill) h N ®SUBJECTLANDS 1868 MOUNTST LOUIS ROAD E 0 12.5 26 50 75 100 Meters Development Services Meeting Date May 20, 2010 Application No. 2010 -A -11 Page 5 of 7 Page 233 of 267 Site and Building Statistics sarrwar� � �pp•Yr71Q'1' Dl�wµfi� IIlMM�` ItRj IIO t1 %itn 5p) - 2010 -A -11 - Dave and Valerie Hamill, SCHEDULE 2: SITE PLAN 2010 -A -11 (Hamill) 4g; 22.431 m ' 27'0» �r .a 48.0„ conic FWUO r ON" 0e= i 14.100m`�� e�m v t •.• M:. i�acr HOUSE 3 Oanewur INT LOUIS ROAD 1868 Mount St. Lo. 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Page 244 of 267 r a.a _ 'yppp� � V yy pp1 J* •L 'd T Ai,. :�r d s 9,, y_ t � f t A I Page 244 of 267 5q) - 2010 -A -14 - Michael and Kelly Brown, 2299 Lakeshore Ro... CV3NII 0 ui \ y Q T \ O N Page 245 of 267 5q) - 2010 -A -14 - Michael and Kelly Brown, 2299 Lakeshore Ro... iI - - - ---------------------------- Page 246 of 267 A' 5q) - 2010 -A -14 - Michael and Kelly Brown, 2299 Lakeshore Ro... iI - - - ---------------------------- Page 246 of 267 5q) - 2010 -A -14 - Michael and Kelly Brown, 2299 Lakeshore Ro... i ' fir'•, r- -. ..- 1. - J. ...! ' i I F 1j u J -_j I I 6 - -5^ Page 247 of 267 5q) - 2010 -A -14 - Michael and Kelly Brown, 2299 Lakeshore Ro... T-11 0 `\ m I _ __ (D Page 248 of 267 5q) - 2010 -A -14 - Michael and Kelly Brown, 2299 Lakeshore Ro... Page 249 of 267 5q) - 2010 -A -14 - Michael and Kelly Brown, 2299 Lakeshore Ro... Page 250 of 267 Omeway Paved Lakadvive, Paid Em '—pin 5q) - 2010 -A -14 - Michael and Kelly Brown, 2299 Lakeshore Ro... DrIvemy Pawed eL Doub4m, Dr-way Garage, Greve) Garage, fr WalWay Driled Well a. trrem�s Fr rm 4. A POffiDn of Pcrtion of houSe, to be I Storey. house to removed and replaced F samunent ninivin Field Bed Fence Stairway steep Emberilonervil 7-- -may. r� IfIff �T -7 O Page 251 of 267 5q) - 2010 -A -14 - Michael and Kelly Brown, 2299 Lakeshore Ro... Lake Simcoe r„ w Region Conservation Authority May 12, 2010 Steve Farquharson Secretary- Treasurer Committee of Adjustment Township of Oro - Medonte 148 Line 7 South, P.O. Box 100 Oro, Ontario LOL 2X0 Dear Mr. Farquharson: Subject: Application for Minor Variance Your File: A -14 -2010 (Brown) 2299 Lakeshore Road East Township of Oro - Medonte, County of Simcoe _ 'nrcrnationai R verfa,ndeion Proud Winner (if the 2oo9 Intern atIon:d Thiess itivcrpr(ze Thank you for circulating the above -noted minor variance application to the Lake Simcoe Region Conservation Authority (LSRCA) for our review. The subject property is located on the shore -lands of Lake Simcoe and, as a result, is located within an area governed by Ontario Regulation 179/06. On this basis, the LSRCA has no objection to the approval of this minor variance application subject to the following condition: • That a permit be obtained from the LSRCA under Ontario Regulation 179/06 prior to the issuance of a municipal building permit. Please provide us with your Notice of Decision. Chants F. B�lrge s, MCIP, RPP Senio Pla lnp oordinator Copy: IARCA, Ian Walker 120 Bayview Parkway Box 252, Newmarket„ Ontario 1.3Y IXI Tel: 905.895.1281 1.400, 465 0437 Far: 905.453.5981 E -Mail: ir.F6 @1srca.on.ra Website: www.lsrca.on.ca A Watershed for Life Page 252 of 267 5q) - 2010 -A -14 - Michael and Kelly Brown, 2299 Lakeshore Ro... Page 253 of 267 5q) - 2010 -A -14 - Michael and Kelly Brown, 2299 Lakeshore Ro... 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Page 261 of 267 5q) - 2010 -A -14 - Michael and Kelly Brown, 2299 Lakeshore Ro... Page 262 of 267 Omeway Paved Lakadvive, Paid Em '—pin 5q) - 2010 -A -14 - Michael and Kelly Brown, 2299 Lakeshore Ro... DrIvemy Pawed eL Doub4m, Dr-way Garage, Greve) Garage, fr WalWay Driled Well a. trrem�s Fr rm 4. A POffiDn of Pcrtion of houSe, to be I Storey. house to removed and replaced F samunent ninivin Field Bed Fence Stairway steep Emberilonervil 7-- -may. r� IfIff �T -7 O Page 263 of 267 5q) - 2010 -A -14 - Michael and Kelly Brown, 2299 Lakeshore Ro... Lake Simcoe r„ w Region Conservation Authority May 12, 2010 Steve Farquharson Secretary- Treasurer Committee of Adjustment Township of Oro - Medonte 148 Line 7 South, P.O. Box 100 Oro, Ontario LOL 2X0 Dear Mr. Farquharson: Subject: Application for Minor Variance Your File: A -14 -2010 (Brown) 2299 Lakeshore Road East Township of Oro - Medonte, County of Simcoe _ 'nrcrnationai R verfa,ndeion Proud Winner (if the 2oo9 Intern atIon:d Thiess itivcrpr(ze Thank you for circulating the above -noted minor variance application to the Lake Simcoe Region Conservation Authority (LSRCA) for our review. The subject property is located on the shore -lands of Lake Simcoe and, as a result, is located within an area governed by Ontario Regulation 179/06. On this basis, the LSRCA has no objection to the approval of this minor variance application subject to the following condition: • That a permit be obtained from the LSRCA under Ontario Regulation 179/06 prior to the issuance of a municipal building permit. Please provide us with your Notice of Decision. Chants F. B�lrge s, MCIP, RPP Senio Pla lnp oordinator Copy: IARCA, Ian Walker 120 Bayview Parkway Box 252, Newmarket„ Ontario 1.3Y IXI Tel: 905.895.1281 1.400, 465 0437 Far: 905.453.5981 E -Mail: ir.F6 @1srca.on.ra Website: www.lsrca.on.ca A Watershed for Life Page 264 of 267 5q) - 2010 -A -14 - Michael and Kelly Brown, 2299 Lakeshore Ro... Page 265 of 267 5q) - 2010 -A -14 - Michael and Kelly Brown, 2299 Lakeshore Ro... Page 266 of 267 V : � 4 t" •A { •� .. .. l k J y * x _ 7 r y � ti � Y 1 Y' �� �� }b•; bbl .. ! .� �? � ,C� _ µg t s„2 • Cz • y mac, � • � - — ". \ '� C CL fin. .x 11 f { Page 266 of 267 5q) - 2010 -A -14 - Michael and Kelly Brown, 2299 Lakeshore Ro... Page 267 of 267 AN b ! �•.4 ♦ S Y so � _A Page 267 of 267