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05 20 2010 C of A MinutesUfil ~ M ED ' W 5d) - Minutes of Committee of Adjustment meeting held on May 20, 2... N/101 i is N MAY 6 ZU1U ~EI TI"!C: COUNCIL 0 OF W THE TOWNSHIP OF ORO-MEDONTE . . COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers t~>°~etJPS~ I'T t`YtP~~!'. ~:..l~Ef f:d~ f"1Pf/A➢i" Thursday, May 20, 2010 TIME: 9:31 a.m. Present: Bruce Chappell, Chair Lynda Aiken Roy Hastings Michelle Lynch Regrets: Garry Potter Staff present: Steven Farquharson, Secretary Treasurer/Intermediate Planner Marie Brissette, Deputy Secretary Treasurer/Committee Coordinator 1. OPENING OF THE MEETING BY THE CHAIR Bruce Chappell assumed the Chair and called the meeting to order. 2. ADOPTION OF AGENDA a) Motion to Adopt the Agenda Motion No. CA100520-1 Moved by Lynch, Seconded by Aiken It is recommended that the Committee of Adjustment agenda for Thursday, May 20, 2010 be received and adopted. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST None declared. 4. ADOPTION OF MINUTES a) Minutes of Committee of Adjustment meeting held on Thursday, April 15, 2010. Motion No. CA100520-2 Moved by Aiken, Seconded by Lynch It is recommended that the minutes of the Committee of Adjustment meeting held on Thursday, April 15, 2010 be adopted as printed and circulated. Carried. Page 1 of 16 Page 15 of 183 5d) - Minutes of Committee of Adjustment meeting held on May 20, 2... Committee of Adjustment Minutes - Thursday, May 20, 2010 5. PUBLIC MEETINGS: a) 2010-13-12 -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. Nyle Mcllveen and Shirley Partridge, agents, were present on behalf of the applicants. Motion No. CA100520-3 Moved by Aiken, Seconded by Hastings It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2010-13-12, being a technical severance, which proposes sever approximately 457 metres (1502 feet) of frontage along Line 4 North, with a lot depth of approximately 670 metres (2200 feet) and a lot area of approximately 39 hectares (98 acres), and the lands to be retained would have a lot area of approximately 20 hectares (50 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; 3. And 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 16 Page 16 of 183 5d) - Minutes of Committee of Adjustment meeting held on May 20, 2... Committee of Adjustment Minutes - Thursday, May 20, 2010 b) 2010-13-13- 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. Nyle Mcllveen and Shirley Partridge, agents, were present on behalf of the applicants. Motion No. CA100520-4 Moved by Hastings, Seconded by Lynch It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2010-13-13, being a technical severance to sever approximately 123 metres (403 feet) on Line 3 North, with a lot depth of approximately 414 metres (1360 feet) and a lot area of approximately 5.6 hectares (14 acres), and the lands to be retained would have a lot area of approximately 20 hectares (50 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; 3. And 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 3 of 16 Page 17 of 183 5d) - Minutes of Committee of Adjustment meeting held on May 20, 2... Committee of Adjustment Minutes - Thursday, May 20, 2010 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 Bill Stonkus, applicant, was present. Motion No. CA100520-5 Moved by Lynch, Seconded by Aiken It is recommended that the Committee of Adjustment defers Consent Application 2010- 6-06, in order for the applicant to complete an Environmental Impact Study (EIS), to the satisfaction of the Nottawasaga Valley Conservation Authority. Carried. d) 2010-13-07 - 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. Lynda and Doug Crawford, applicants, and Shirley Partridge, agent, were present. Motion No. CA100520-6 Moved by Hastings, Seconded by Lynch It is recommended that the Committee of Adjustment defers Consent Application 2010- 6-07 to obtain comments from the County of Simcoe regarding the existing entrance for the proposed severed parcel on Ridge Road East. Carried. Page 4 of 16 Page 18 of 183 5d) - Minutes of Committee of Adjustment meeting held on May 20, 2... Committee of Adjustment Minutes - Thursday, May 20, 2010 e) 2010-B-08 -John and Pauline Warnica, 25 Baycrest Drive, Plan 1069, Lot 9 (Former Township of Oro), Boundary adjustment. Bernard Keating, agent, was present on behalf of the applicants. Motion No. CA100520-7 Moved by Aiken, Seconded by Hastings It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2010-13-08, being a boundary adjustment to convey approximately 9.5sq.m (103 sq.ft.) from the subject property being 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, subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 2. That the severed lands be merged in title with Lot 8, Plan 1069, 35 Penetanguishene Road, roll #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 applicant's solicitor provides an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. And 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 5 of 16 Page 19 of 183 5d) - Minutes of Committee of Adjustment meeting held on May 20, 2... Committee of Adjustment Minutes - Thursday, May 20, 2010 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. Bernard Keating, agent, was present on behalf of the applicants. Motion No. CA100520-8 Moved by Hastings, Seconded by Lynch It is recommended that the Committee of Adjustment grants Variance Application 2010- A-12, being to reduce the required minimum rear yard setback to a pool from the required 2.0 metres to 1.03 metres, subject to the following conditions: 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. Carried. 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. Brian Strachan, applicant, and Shirley Partridge, agent, were present. Motion No. CA100520-9 Moved by Aiken, Seconded by Lynch It is recommended that the Committee of Adjustment defers Consent Application 2010- B-09 in order for proper notice to be given in accordance with the Planning Act. Carried. Page 6 of 16 Page 20 of 183 5d) - Minutes of Committee of Adjustment meeting held on May 20, 2... Committee of Adjustment Minutes - Thursday, May 20, 2010 h) 2010-B-10- Gordon Rankin, 3750 Line 10 North, East Half of Lot 3, Concession 10 (Former Township of Medonte), Boundary adjustment. Gordon Rankin, applicant, and Shirley Partridge, agent, were present. Motion No. CA100520-10 Moved by Aiken, Seconded Hastings It is recommended that the Committee of Adjustment grants provisional approval to 2010-13-10, being to permit a lot addition/boundary adjustment. The proposed lot addition will result in an increase of approximately 34 metres on Line 10 North, 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. An easement is also being placed on the enhanced lands being 3776 Line 10, for access to the mutual well, subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 2. That the severed lands be merged in title with 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 applicant 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 applicant's solicitor provides an undertaking that the severed lands and the lands to be enhanced will merge in title; 6. And 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 7 of 16 Page 21 of 183 5d) - Minutes of Committee of Adjustment meeting held on May 20, 2... Committee of Adjustment Minutes - Thursday, May 20, 2010 i) 2010-13-11 - 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 Darcy and Wilson Claro, applicants, were present. Motion No. CA100520-11 Moved by Lynch, Seconded by Aiken It is recommended that the Committee of Adjustment defers Consent Application 2010- 6-11, in order for the applicant to complete an Environmental Impact Study (EIS), to the satisfaction of the Nottawasaga Valley Conservation Authority. Carried. Page 8 of 16 Page 22 of 183 5d) - Minutes of Committee of Adjustment meeting held on May 20, 2... Committee of Adjustment Minutes - Thursday, May 20, 2010 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. Allan Shelswell, applicant, and Shirley Partridge, agent, were present. Motion No. CA100520-12 Moved by Hastings, Seconded by Lynch It is recommended that the Committee of Adjustment approves Consent Application 2010-13-14, 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; 3. And That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Defeated. Motion No. CA100520-13 Moved by Lynch, Seconded by Aiken It is recommended that the Committee of Adjustment denies Consent Application 2010- 6-14, for the reason that it does not meet the technical severance polices of the Township and County of Simcoe's Official Plan. Carried. Page 9 of 16 Page 23 of 183 5d) - Minutes of Committee of Adjustment meeting held on May 20, 2... Committee of Adjustment Minutes - Thursday, May 20, 2010 k) 2010-B-15- Robert Drury, 661 Penetanguishene Road, Lot 12, Concession 1 (Former Township of Oro), Boundary adjustment. No one present on behalf of the application. Motion No. CA100520-14 Moved by Hastings, Seconded by Lynch It is recommended that the Committee of Adjustment defers Consent Application 2010-B-15, in order for there to be further discussions with the applicant in regards to the appropriate Planning application. Once this discussion with the applicant is completed, then the Planning Department can fully evaluate the proposed setbacks. Carried. Page 10 of 16 Page 24 of 183 5d) - Minutes of Committee of Adjustment meeting held on May 20, 2... Committee of Adjustment Minutes - Thursday, May 20, 2010 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. Michael and Katherine Vandergeest, applicants, were present. Motion No. CAI 00520-15 Moved by Aiken, Seconded by Hastings It is recommended that the Committee of Adjustment grants provisional approval to Consent Application, 2010-13-16 for a technical severance to create a lot which once existed as a separate parcel of land. The lands 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), 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; 3. And 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 11 of 16 Page 25 of 183 5d) - Minutes of Committee of Adjustment meeting held on May 20, 2... Committee of Adjustment Minutes - Thursday, May 20, 2010 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. Doug Briggs and Shirley Partridge, agents, were present on behalf of the applicant. Motion No. CA100520-16 Moved by Hastings, Seconded by Aiken It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2010-B-17, being for a technical severance to recreate a lot which once existed as a separate parcel of land. The lands proposed to be severed would have a frontage along 15/16 Sideroad 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), 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; 3. And 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 12 of 16 Page 26 of 183 5d) - Minutes of Committee of Adjustment meeting held on May 20, 2... Committee of Adjustment Minutes - Thursday, May 20, 2010 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. Alex and Stan Gordon, agents, were present on behalf of the applicant. Motion No. CA100520-17 Moved by Aiken, Seconded by Hastings It is recommended that the Committee of Adjustment approves Variance Application 2010-A-10, being to demolish the existing dwelling and to construct a two storey dwelling being located approximately 17 metres from the average high water mark of Lake Simcoe and 1.5 metres from the west interior side lot line. The applicant is also proposing an attached deck to the rear of the dwelling which is proposed to be located approximately 15.2 metres from the average high water mark of Lake Simcoe and to construct a detached accessory building, which is to be located approximately 3.7 metres from the front lot line, subject to the following conditions: 1. That an Ontario Land Surveyor provides 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 west 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 obtains any permits and/or approvals, if required, from Lake Simcoe Region Conservation Authority; 4. That the applicant obtains approval from the Township with regard to the sewage system prior to issuance of any building permit; 5. And 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. Carried. Page 13 of 16 Page 27 of 183 5d) - Minutes of Committee of Adjustment meeting held on May 20, 2... Committee of Adjustment Minutes - Thursday, May 20, 2010 o) 2010-A-13 -John 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. No one present on behalf of the application. Motion No. CA100520-18 Moved by Lynch, Seconded by Aiken It is recommended that the Committee of Adjustment grants Variance Application 2010- A-13, being 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, subject to the following conditions: 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 obtains any permits and/or approvals, if required, from Nottawasaga Valley Conservation Authority; 4. And That 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. Carried. Page 14 of 16 Page 28 of 183 5d) - Minutes of Committee of Adjustment meeting held on May 20, 2... Committee of Adjustment Minutes - Thursday, May 20, 2010 p) 2010-A-11 -Dave and Valerie Hamill, 1868 Mount St. Louis Road E, Concession 13, Part Lot 9, RP 51 R2880 PT PART 1 (Former Township of Medonte), Relief from maximum height and maximum floor area. Dave Hamill, applicant, was present. Marika Csap, neighbour, noted that the property is lower than the highway and tree covered, therefore the proposal would provide privacy and would not be evasive. Motion No. CA100520-19 Moved by Hastings, Seconded by Lynch It is recommended that the Committee of Adjustment grants application 2010-A-11, being to grant an increase in the maximum floor area for an accessory building, from 100 square metres to approximately 120.4 square metres, and to grant an increase in the maximum height of an accessory building or structure, from 4.5 metres to approximately 5.6 metres, subject to the following conditions: 1. That notwithstanding Section 5.1.6 and 5.1.4 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 exceeds 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 approximately 5.6 metres; 5. And 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 15 of 16 Page 29 of 183 5d) - Minutes of Committee of Adjustment meeting held on May 20, 2... Committee of Adjustment Minutes - Thursday, May 20, 2010 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. Michael Brown, applicant, was present. Motion No. CA100520-20 Moved by Lynch, Seconded by Aiken It is recommended that the Committee of Adjustment defers Consent Application 2010- A-14, in order for proper notice to be given in accordance to the Planning Act. Carried. 6. NEW BUSINESS: None. 7. NEXT MEETING DATE Thursday, June 17, 2010 at 9:30 a.m. 8. ADJOURNMENT a) Motion to Adjourn Motion No. CAI 00520-21 Moved by Aiken, Seconded by Lynch It is recommended that we do now adjourn at 1:39 p.m. Carried. 1 - iwa Bru a Chappel , Chair Steven F u on, S retary Treasurer Page 16 of 16 Page 30 of 183