Loading...
06 17 2010 C of A MinutesIoRONE~rtr t-rOwNSnir MOTION# JUN 2 3 2010 5b) - Minutes of Committee of Adjustment meeting held on June 17, MEETING- COUNCILV C. OF W.El i~~tr~i~•t tv r3~ . + f _ '!tome, Thursday, June 17, 2010 Present: Bruce Chappell, Chair Roy Hastings Garry Potter THE TOWNSHIP OF ORO-MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers TIME: 9:31 a.m. Lynda Aiken Michelle Lynch Staff present: Steven Farquharson, Secretary Treasurer/Intermediate Planner Alan Wiebe, Planner Marie Brissette, Deputy Secretary Treasurer/Committee Coordinator Janette Teeter, Deputy Clerk 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. CAI 00617-1 Moved by Lynch, Seconded by Hastings It is recommended that the Committee of Adjustment agenda for Thursday, June 17, 2010 be received and adopted. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST None declared. Page 1 of 12 Page 7 of 365 5b) - Minutes of Committee of Adjustment meeting held on June 17, Committee of Adjustment Minutes -Thursday, June 17, 2010 4. ADOPTION OF MINUTES a) Motion to Adopt Minutes of the Committee of Adjustment meeting held on Thursday, May 20, 2010. Motion No. CA100617-2 Moved by Aiken, Seconded by Lynch It is recommended that the minutes of the Committee of Adjustment meeting held on Thursday, May 20, 2010 be adopted as printed and circulated. Carried. 5. PUBLIC MEETINGS: a) 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. CA100617-3 Moved by Potter, Seconded by Aiken It is recommended that the Committee of Adjustment approves Variance Application 2010-A-14, which proposes to demolish a portion of the existing dwelling and reconstruct that portion of the dwelling 1.5 metres from the interior side yard setback. Subject to the following conditions: 1. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by: 1) pinning the footing, and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report that the distance from the portion of the dwelling proposed to be reconstructed be located no closer than approximately 1.5 metres from the interior side lot line to the east. 3. That a permit be obtained from the Lake Simcoe Region Conservation Authority under Ontario Regulation 179/06 prior to the issuance of a municipal building permit. 4. 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. Page 2 of 12 Page 8 of 365 5b) - Minutes of Committee of Adjustment meeting held on June 17, Committee of Adjustment Minutes - Thursday, June 17, 2010 Carried. b) 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. Shirley Partridge, agent, was present. Motion No. CA100617-4 Moved by Hastings, Seconded by Aiken It is recommended that at the request of the applicant of Consent Application 2010-13- 07, the Committee of Adjustment defers hearing of the application in order to allow further discussions with staff in regards to the submission of a revised application by the applicant. Carried. c) 2010-B-09 - Brian Robert 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. CA100617-5 Moved by Lynch, Seconded by Aiken It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2010-13-09, being 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 8 North of approximately 279 metres (917 feet), with a lot depth of approximately 757 metres (2460 feet) and a lot area of approximately 21 hectares (52 acres). The lands to be retained would have a lot area of approximately 22 hectares (54 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 prepares and submits 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. Page 3 of 12 Page 9 of 365 5b) - Minutes of Committee of Adjustment meeting held on June 17, Committee of Adjustment Minutes -Thursday, June 17, 2010 Carried. d) 2010-A-16 -Bruce and Manon Leibold 42 Lauder Road, Plan M723, Lot 17 (Former Township of Oro) Relief from maximum floor area. Bruce Leibold, applicant, was present. Motion No. CA100617-6 Moved by Potter, Seconded by Hastings It is recommended that the Committee of Adjustment approves Variance Application 2010-A-16, being for the construction of a detached accessory building, which is proposed to have a floor area of approximately 72.5 square metres. Subject to the following conditions: 1. That notwithstanding Section 5.1.6 of Zoning By-law 97-95, the structure shall otherwise comply with all other provisions for detached accessory buildings, as required under Section 5 of the Zoning By-law. 2. That the floor area of the detached garage not exceeds approximately 72.5 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. 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 4of12 Page 10 of 365 5b) - Minutes of Committee of Adjustment meeting held on June 17, Committee of Adjustment Minutes - Thursday, June 17, 2010 e) 2010-A-17 -William and Carolyn Smith 9 Trillium Trail, Plan 51 M-324 Lot 24 (Former Township of Oro) Relief from rural residential one exception 10 (RUR1*10) zone. Carolyn Smith and Paul Frank, applicants, were present. Motion No. CA100617-7 Moved by Lynch, Seconded by Hastings It is recommended that the Committee of Adjustment approves Variance Application 2010-A-17, being for the construction of an addition (garage) onto the side of the existing dwelling, which is proposed to be 3.9 metres from the north interior lot line. Subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report so that: a) the addition be located no closer than approximately 3.9 metres from the north interior 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. 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 5 of 12 Page 11 of 365 5b) - Minutes of Committee of Adjustment meeting held on June 17, Committee of Adjustment Minutes -Thursday, June 17, 2010 f) 2010-A-19 -Harry and Shirley Evans 27 Greenwood Forest Road, Plan 709, Lot 30 (Former Township of Oro) Relief from shoreline residential (SR) zone. Harry Evans, applicant, and Carlos Salabar, agent, were present. Motion No. CAI 00617-8 Moved by Lynch, Seconded by Potter It is recommended that the Committee of Adjustment approves Variance Application 2010-A-19, being for the construction of an addition (garage) onto the front of the existing dwelling, which is proposed to be 2.4 metres from the west interior lot line, subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report so that the attached garage be located no closer than approximately 2.4 metres from the side lot line. 2. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 3. That the applicant obtains any permits and/or approvals, if required, from Lake Simcoe Region Conservation Authority. 4. And That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. Carried. Page 6 of 12 Page 12 of 365 5b) - Minutes of Committee of Adjustment meeting held on June 17, Committee of Adjustment Minutes - Thursday, June 17, 2010 Motion No. CA100617-10 Moved by Potter, Seconded by Hastings It is recommended that the Committee of Adjustment approves Variance Application 2010-A-20, being specifically to have the minimum required setback from a water course reduced from 30 metres (98.4 feet) to 8.0 metres (26.25 feet), for a single detached dwelling and a detached accessory building. Subject to the following conditions: 1. That the setbacks for be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by: 1) pinning the footings, and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report that the distances from the single detached dwelling and the detached accessory building as set out on the application and sketches submitted be no closer than approximately 8.0 metres from the top of bank of the water course along the interior side lot line to the west of the subject property. 3. That the applicant obtains any permits and/or approvals, if required, from Lake Simcoe Region Conservation Authority. 4. 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. 5. That no human habitation be permitted in the accessory building. 6. That the height of the accessory building not exceeds 4.5 metres. 7. That the floor area of the accessory building not exceeds 70 square metres. Carried As Amended. Page 8 of 12 Page 14 of 365 5b) - Minutes of Committee of Adjustment meeting held on June 17, Committee of Adjustment Minutes -Thursday, June 17, 2010 h) 2010-A-22 -John and Winifred Hewetson 4862 Line 11 North, East Part of Lot 11, Concession 11, 51 R-13066, Part 2 (Former Township of Medonte) Relief from setback to environmental protection (EP) zone. Allan French, agent, was present. Motion No. CA100617-11 Moved by Aiken, Seconded by Lynch It is recommended that the Committee of Adjustment approves Variance Application 2010-A-22, to recognize an existing dwelling which is located within the Environmental Protection (EP) Zone with the required setback reduced from 30 metres to 0 metres, subject to the following conditions: 1. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. Carried. i) 2010-B-18 - James Partridge Concession 5, Lot 16 (Former Township of Oro) Technical severance to create a lot which once existed as a separate parcel of land. No one was present on behalf of the applicant. Motion No. CAI 00617-12 Moved by Aiken, Seconded by Hastings It is recommended that at the request of the applicant of Consent Application 2010-B- 18, the Committee of Adjustment defers hearing the application in order to allow further discussions with staff in regards to the submission of a revised application by the applicant. Carried. Page 9 of 12 Page 15 of 365 5b) - Minutes of Committee of Adjustment meeting held on June 17, Committee of Adjustment Minutes - Thursday, June 17, 2010 j) 2010-B-19- Bernice McHugh 3870 Line 13 North, Part of Lot 4, Concession 13 (Former Township of Medonte) Boundary adjustment. William Holdsworth, agent, was present. Motion No. CA100617-13 Moved by Hastings, Seconded by Lynch It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2010-13-19, being to permit a boundary adjustment. The subject land being 3870 Line 13 North, to convey land having an area of approximately 0.69 hectares (1.7 acres) to be added to the adjacent land to the south being 3818 Line 13 North. 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 CON 13 E PT LOT 4 EXCEPT RP;51 R28074 PART 1 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 10 of 12 Page 16 of 365 5b) - Minutes of Committee of Adjustment meeting held on June 17, Committee of Adjustment Minutes - Thursday, June 17, 2010 k) 2010-B-20 -Indian Park Association Cayuga Court, Part of Block A, Plan M-30 Lot addition/boundary adjustment. Michelle Lawson, agent, was present. Motion No. CA100617-14 Moved by Lynch, Seconded by Potter It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2010-B-20 being to permit a lot addition/boundary adjustment. The subject land to be conveyed is Part of Block A, Plan M-30, having a depth of approximately 55 metres (180 feet) and an area of approximately 0.09 hectares (0.22 acres). The subject lands are proposed to be added to the adjacent lands to the east being 15 Cayuga Court. 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 merged in title with 15 Cayuga Court 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 prepares and submits 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. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. 6. And That the applicant submits a copy of the easement/restrictive covenant for review. Carried. Page 11 of 12 Page 17 of 365 5b) - Minutes of Committee of Adjustment meeting held on June 17, Committee of Adjustment Minutes - Thursday, June 17, 2010 6. NEW BUSINESS: Steven Farquharson informed the Township had received notice that Application 2010- 6-14 was being appealed to the Ontario Municipal Board. 7. NEXT MEETING DATE Thursday, July 15, 2010 at 9:30 a.m. 8. ADJOURNMENT a) Motion to Adjourn Motion No. CAI 0061 7-1 5 Moved by Hastings, Seconded by Potter It is recommended that we do now adjourn at 12:46 p.m. Carried. Br ce Ch pell, Chair Steven F r har on, Secretary Treasurer Page 12 of 12 Page 18 of 365