07 15 2010 C of A AgendaPage
4. ADOPTION OF MINUTES
a) Adoption of minutes of meeting held on Thursday, June 17, 2010.
5. PUBLIC MEETINGS:
15 -34 a) 2010 -B -04 Mark Porter
298 Shanty Bay Road, Plan 1, East Part Lot 15
Boundary adjustment. Application is in conjunction with 2010 -A -08.
b) 2010 -A -08 Mark Porter
298 Shanty Bay Road, Plan 1, East Part Lot 15
Relief from the minimum lot area and lot frontage. Application is in conjunction
with 2010 -B -04.
c) 2010- B- 07(Revised) Ridgoro Farms Ltd.
280 Ridge Road East, Part of Lot 23 24, Concession 8 (Former Township
of Oro)
Technical severance to create a lot which once existed as a separate parcel of
land.
d) 2010 -B -18 (Revised) James Partridge
Concession 5, Part of Lot 16 (Former Township of Oro)
Technical severance to create a lot which once existed as a separate parcel of
land.
e) 2010 -B -21 Bryan and Daniel Lambert
839 Ridge Road West, Lot 26, Concession 5
Create a new residential lot. Application is in conjunction with 2010 -A -21.
f) 2010 -A -21 Bryan and Daniel Lambert
839 Ridge Road West, Lot 26, Concession 5
Relief from the minimum lot area and lot frontage. Application is in conjunction
with 2010 -B -21.
3 -14
35 -47
48 -61
62 -73
74
ToumsWp o t� f
Proud Heritage, Exciting Future
1. OPENING OF THE MEETING BY THE CHAIR
2. ADOPTION OF AGENDA
a) Motion to adopt the agenda.
3. DISCLOSURE OF PECUNIARY INTEREST
TOWNSHIP OF ORO- MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING AGENDA
COUNCIL CHAMBERS
Thursday, July 15, 2010
9:30 a.m.
Page 1 of 163
Page
75 -94
95 -97
98 -109
110 -131
j)
132 -145 k)
146 -155 1)
156 -163
5. PUBLIC MEETINGS:
g) 2010 -B -22 Paul and Suzanne Dupuis
299 Shanty Bay Road, Part of Lot 15, Plan 1, 51 R -27502 Part 7
Create a new residential lot. Application is in conjunction with 2010 -A -23.
h) 2010 -A -23 Paul and Suzanne Dupuis
299 Shanty Bay Road, Part of Lot 15, Plan 1, 51 R -27502 Part 7
Relief from the minimum lot area and lot frontage. Application is in conjunction
with 2010 -B -22.
i) 2010 -B -23 Michael and Katherine Vandergeest
2555 Dunns Line, Concession 14, Part of Lot 13 (Former Township of
Medonte)
Boundary adjustment.
2010 -A -24 Duane Van Dixhoorn
2A Conder Drive, Lot 9, Concession 13, RP 51R17645 Part 2 (Former
Township of Medonte)
Relief from maximum height.
2010 -A -25 Robert and Patricia Ryersee
2863 Line 11 North, Part of Lot 3, Concession 12 (Former Township of Oro)
Relief from setback to EP Zone.
2010 -A -26 Tony and Kristin Clemente
22 Lakeshore Road West, Lot 26, Concession 7, 51 R- 36302, Part 2
Relief from permitted locations for detached accessory buildings and
structures in all zones.
m) 2010 -A -27 Brian Sirbovan
237 Eight Mile Point Road, Plan 780, Lot 114 (Former Township of Oro)
Relief from setback from average high water mark of Lake Simcoe.
6. NEW BUSINESS:
Thursday, August 19, 2010 at 9:30 a.m.
7. NEXT MEETING DATE
8. ADJOURNMENT
a) Motion to adjourn.
Page 2 of 163
Tount ship u l d o t&
Proud Heritage, Exciting Future
Thursday, June 17, 2010 TIME: 9:31 a.m.
Present:
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. CA100617 -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.
3. DISCLOSURE OF PECUNIARY INTEREST
None declared.
4a) Adoption of minutes of meeting held on Thursday, June 17, 20...
Bruce Chappell, Chair
Roy Hastings
Garry Potter
THE TOWNSHIP OF ORO- MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING MINUTES
Council Chambers
Lynda Aiken
Michelle Lynch
Carried.
Page 1 of 12
Page 3 of 163
4a) Adoption of minutes of meeting held on Thursday, June 17, 20...
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.
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
Carried.
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 4 of 163
4a) Adoption of minutes of meeting held on Thursday, June 17, 20...
Committee of Adjustment Minutes Thursday, June 17, 2010
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
Carried.
It is recommended that at the request of the applicant of Consent Application 2010 -B-
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 -B -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 and 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 5 of 163
4a) Adoption of minutes of meeting held on Thursday, June 17, 20...
Committee of Adjustment Minutes Thursday, June 17, 2010
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.
Carried.
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 4 of 12
Page 6 of 163
4a) Adoption of minutes of meeting held on Thursday, June 17, 20...
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 7 of 163
4a) Adoption of minutes of meeting held on Thursday, June 17, 20...
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. CA100617 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 8 of 163
4a) Adoption of minutes of meeting held on Thursday, June 17, 20...
Committee of Adjustment Minutes Thursday, June 17, 2010
g) 2010 -A -20 Eggert Boehlau
2251 Ridge Road, Part of Lots 1 and 2, Range 2 (Former Township of Oro)
Relief from residential limited service (RLS) zone.
Colin Kingsland, agent, was present on behalf of the application.
The Committee noted correspondence received from Mary Jane Sarjeant and Ron
McClean, Tim Crooks and the Lake Simcoe Conservation Authority.
Tim Crooks commented that the Lake Simcoe Protection Plan was enacted and that it
overruled the Township's By -laws and Official Plan. Mary Jane Sarjeant and Sue
Benjafield opposed the proposal of habitation in an outbuilding.
Motion No. CA100617 -9 (Amendment)
Moved by Lynch, Seconded by Aiken
It is recommended that the Committee of Adjustment removes condition 8. from the
pending motion, being: "That the proposed dwelling be setback 27 metres from the
average high water mark of Lake Simcoe".
Carried.
Page 7 of 12
Page 9 of 163
Committee of Adjustment Minutes Thursday, June 17, 2010
Motion No. CA100617 -10
4a) Adoption of minutes of meeting held on Thursday, June 17, 20...
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 10 of 163
4a) Adoption of minutes of meeting held on Thursday, June 17, 20...
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.
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. CA100617 -12
Moved by Aiken, Seconded by Hastings
Carried.
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 11 of 163
4a) Adoption of minutes of meeting held on Thursday, June 17, 20...
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 -B -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 and 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 12 of 163
4a) Adoption of minutes of meeting held on Thursday, June 17, 20...
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 13 of 163
6. NEW BUSINESS:
4a) Adoption of minutes of meeting held on Thursday, June 17, 20...
Committee of Adjustment Minutes Thursday, June 17, 2010
Steven Farquharson informed the Township had received notice that Application 2010
B-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. CA100617 -15
Moved by Hastings, Seconded by Potter
It is recommended that we do now adjourn at 12:46 p.m.
Carried.
Bruce Chappell, Chair Steven Farquharson, Secretary Treasurer
Page 12 of 12
Page 14 of 163
d
rCIL •r6onte
Proud Heritage, EaWrtg F■rrre
Application No:
2010 -A -08
2010 -B -04
Meeting Date:
July 15, 2010
Roll
4346- 010- 006 -097
REQUIRED CONDITIONS:
TOWNSHIP OF ORO- MEDONTE
REPORT
To: Committee of Adjustment
Subject: Variance /Consent
Application (Mark Porter)
Plan 1, East Part of Lot 15
298 Shanty Bay Road
5a) 2010 -B -04 Mark Porter
298 Shanty Bay Road, Plan 1, E...
Prepared By:
Steven Farquharson, B.URPL
Intermediate Planner
Motion
R.M.S. File
010 -40374
D13 -40375
The following conditions are required to be imposed on the Committee's decision regarding Consent
applications 2010 -B -04:
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 300 Shanty Bay Road 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 applicants obtain any approvals from the County of Simcoe;
6. That the applicants apply for a change of use for the existing dwelling to an accessory building
on the lands municipally known as 298 Shanty Bay Road, and that the Septic system be
decommissioned.
7. That the conditions of consent imposed by the Committee be fulfilled within one year from the
date of the giving of the notice.
8. That the applicant satisfies the conditions of the County of Simcoe as outlined in their July 8,
2010 correspondence.
Development Services Meeting Date July 15, 2010
Application No. 2010-A-08
2010 -6 -04 Page 1 of 6
Page 15 of 163
The following conditions are required to be imposed on the Committee's decision regarding Variance
application 2010 -A -08:
1. That the minimum lot area for the retained lands (2010 -B -04) be no Tess than 0.15 hectares
and the minimum lot frontage be no less than 23 metres.
BACKGROUND:
The purpose of this report is to consider a Variance Application 2010 -A -08, for relief from the
Township's Comprehensive Zoning By -law in relation to reducing the minimum required lot frontage
and lot area provision in the R1 Zone. Also part of this report is for consideration for Consent
application 2010 -B -04, being a boundary adjustment to the abutting property also owned by the
applicant
The application appeared before the Committee on April 15, 2010, but was deferred 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.
5. To obtain comments from the County of Simcoe
The application has since met these requirements and the application can now be heard by the
Committee.
ANALYSIS:
5a) 2010 -B -04 Mark Porter
298 Shanty Bay Road, Plan 1, E...
The applicant is seeking relief from Table B1 of Zoning By -law 97 -95 for the minimum lot area and lot
frontage requirements for a residential lot in conjunction with Consent Application 2010 -B-04. The
applicant is requesting the following relief from Zoning By -law 97 -95:
Residential One (R1) Zone:
Table B1- Minimum Lot Area:
Minimum Lot Frontage:
Rice aired
0.2 hectares
30 metres
Proposed
0.15 hectares
23.0 metres
Consent application 2010 -B -04 is for a boundary adjustment/lot addition which would have a frontage
of approximately 20 metres on Shanty Bay Road, a depth of approximately 66.9 metres and an area
of approximately 0.13 hectares. The subject lands are proposed to be added to the adjacent lands to
the east (300/302 Shanty Bay Road). No new building lot is proposed to be created as a result of the
lot addition.
FINANCIAL:
Not applicable.
Development Services Meeting Date July 15, 2010
Application No. 2010 -A -08
2010 -B -04 Page 2 of 6
Page 16 of 163
POLICIES/LEGISLATION:
Township of Oro Medonte Official Plan
5a) 2010 -B -04 Mark Porter
298 Shanty Bay Road, Plan 1, E...
The subject lands are designated Rural 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 to be created. The lands
proposed to be conveyed are not being used for agricultural purposes and thus appears would not
affect the viability of the current agricultural use on the retained lands. 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.
Does the Consent comply with the general Intent of the Zoning By -law?
The lands to be conveyed and retained lands are both zoned Residential One (R1) Zone. The
proposed lands to be enhanced have a split zoning of Residential One (R1) Zone and Local
Commercial Exception 116 (LC *116) Zone.
The proposed retained lands would not appear to meet the requirements under Section 4.1 Table B1
in terms of the required lot frontage and lot area. The requirement under the Zoning By -law requires a
lot frontage of 30 metres and tot area of 0.2 hectares for lands within the R1 Zone. The applicant is
proposing that the retained lands have a frontage along Shanty Bay Road of approximately 23 metres
and a lot area of 0.15 hectares. Even though the lot is deficient in frontage and area, it is in keeping
with the general area as there are similar or smaller lots in the area. Lots in the area range from
frontage of 15 metres to 23 metres, and lot areas of 0.13 hectares to 0.2 hectares.
As part of the deferral of the application from the April 15, 2010 meeting, the applicant has provided
verification that the proposed retained lands would be able to accommodate a dwelling within the
zoning standards of the R1 Zone. The applicant has provided a drawing which shows that the
proposed retained lands would be able to contain a single detached dwelling and septic system. The
applicant has also indicated that a change of use application for the existing dwelling on the lands to
be conveyed will be applied for to convert the existing dwelling to an accessory building. The
applicant will be required to remove all human habitation, which includes all plumbing and sleeping
accommodations.
Development Services
Application No. 2010 -A -08
2010 -B -04
Meeting Date July 15, 2010
Page 3 of 6
Page 17 of 163
i
The lands to be enhanced currently have two single detached dwellings and a split zoning on the
property, any further development of the lands will require an application to rezone the property in
order to accommodate the proposed use.
On the basis of the above, the proposal is considered to comply with the general intent of the Zoning
By -law.
CONSULTATIONS:
Transportation and Environmental Services
Building Department
Engineering Department
County of Simcoe- Comments forthcoming
ATTACHMENTS:
Schedule 1: Location Map
CONCLUSION:
It is the opinion of the Planning Department that Consent Application 2010 -B -04 for a boundary
adjustment be granted provisional approval. Also, that Variance Application 2010 -A -08 is for relief
from the Township's Comprehensive Zoning By -law in relation to reducing the minimum required lot
frontage and lot area provision in the R1 Zone.
Respectfully submitted:
Steven F. arson, B.URPL
Intermediate Planner
Development Services
Application No. 2010 -A -08
2010 -B-04
5a) 2010 -B -04 Mark Porter
298 Shanty Bay Road, Plan 1, E...
Reviewed by:
Glenn White, MCIP, RPP
Manager, Planning Services
Meeting Date July 15, 2010
Page 4 of 6
Page 18 of 163
Development Services
Application No 2010 -A -08
2010 -B -04
SCHEDULE 1: LOCATION MAP
2010 -A -08 (Porter)
2010 -B -04
ENHANCED LANDS 300/302 SHANTY BAY ROAD
RETAitEED,tANDS 298 SHANTY B4Y ROAD
LANDS TO BE ADDED TO 300/302 SHANTY BAY ROAD
5a) 2010 -B -04 Mark Porter
298 Shanty Bay Road, Plan 1, E...
0 10 20
60
Meeting Date July 15, 2010
Page 5 of 6
ers
Page 19 of 163
Development Services
Application No. 2010 -A -08
2010 -5-04
SCHEDULE 1: CONTEXT MAP
2010 -A -08 (Porter)
2010 -B -04
S
5a) 2010 -B -04 Mark Porter
298 Shanty Bay Road, Plan 1, E...
Meeting Date July 15, 2010
Page 6 of 6
Page 20 of 163
Township of Oro Medonte
148 Line 7 South
Oro, Ontario
LOL 2X0
Attention: Steven Farquharson
Planner
Re:
Boundary Adjustment Minor Variance
Lots 15 16, Registered Plan 1069
Lot 1, Concession 1, East Penetanguishene Road
Township of Oro Medonte, County of Simcoe
Further to the Oro Medonte Committee of Adjustment Notice of Decision dated April 15th 2010, please
find the updated documents. We have responded to the Committee's comments /concems as follows:
Site Plan Drawing
Drawing has been updated to show how the proposed retained lands will be able to
accommodate a dwelling and septic system as per the required setback in the R1 zone
Planning Report and Drawing changed to reflect that the existing dwelling at 298 Shanty Bay
Road will have it's respective bathroom, kitchen, well, and septic system decommissioned to
change it's use to an accessory storage building upon consent approvals.
If this submission is complete, we would request that notice be provided within the required timeframe
under the Planning Act. We look forward to future correspondence from you on this matter.
Respectfully submitted,
Innovative Planning Solutions
Darren P. Vella, B.Sc
President Director of Planning
Cc Lover's Harbour Inc.
5a) 2010 -B -04 Mark Porter
298 Shanty Bay Road, Plan 1, E...
INNOVATIVE PLANNING SOLUTIONS
Planners, Project Managers and Land Development
Friday June 4th, 2010
89 COLLIER STREET, SUITE 101, BARRIE ONTARIO L4M 1H2
TEL: (705) 812 -3281 FAX: (705) 812 -3438 EMAIL: INFO @IPSCONSULTINGINC.COM
Page 21 of 163
County of Simcoe Main Line (705) 726 -9300
Si cov Planning Toil Free 1- 866 893 -9300
ir IC E f j 1110 Highway 26, Fax (705) 727 -4276
Midhurst, Ontario LOL 1X0 simcoe.ca
July 8, 2010
Steven Farquharson
Secretary- Treasurer
Township of Oro Medonte
148 Line 7 South
Oro, Ontario
LOL 1X0
Dear Mr. Farquharson
PLO-003-001
5a) 2010 -B -04 Mark Porter
298 Shanty Bay Road, Plan 1, E...
RE: Consent Application 2010 -B -04 (Porter Lover's Harbour Inc.)
Part of Lot 1, Concession 1 East Penetanguishene Road
(298, 300, 302 Shanty Bay Road, County Road 20)
Former Township of Oro
Now Township of Oro Medonte
Thank you for circulating the above -noted application to the County of Simcoe for review. This application is
seeking to adjust the boundary between two adjacent properties. Despite the associated Planning
Justification Report (Innovative Planning Solutions, June 4 2010), the purpose and effect of the boundary
adjustment, remains unclear. However it is noted that the residential lots are located within the local
municipality's Rural designation and are subject to the Rural policies of the Simcoe County Official Plan
(SLOP). Please note SCOP policy 3.3.2 states that "In the Rural and Agricultural, and Greenland
Designations, only one detached dwelling may be located on an existing lot, subject to appropriate zoning
and local municipal bylaws and official plans may make provision for semi detached dwelling units,
accessory apartments, structures providing accommodation for temporary or seasonal farm help, garden
suites, or other temporary accommodations. subject to the provision of adequate water and sewage
treatment facilities."
The County of Simcoe does not object to the proposed consent application, provided that it maintains
conformity with the County Official Plan and County By -laws. Should the Committee of Adjustment decide
to grant the provisional Consent, the County of Simcoe requests that the consent be conditional upon the
inclusion of the following conditions:
1. The applicant shall transfer to the Corporation of the County of Simcoe "County at no
cost, a fee simple, unencumbered interest in the following:
A daylight (sight) triangle measuring 12 metres east -west x 12 metres north -south
at the southeast corner of the property adjacent to County Road 20 (Ridge Road)
and Colborne Street.
The County of Simcoe is requesting the daylight triangle lands for road widening purposes
pursuant to section 53(12) of the Planning Act and such and will form part of the highway to
the extent of the designated widening in accordance with section 31(6) of the Municipal Act,
2001. The daylight triangle is required pursuant to the County's standards for the
Page 22 of 163
5a) 2010 -B -04 Mark Porter
298 Shanty Bay Road, Plan 1, E...
construction of roads such as County Road 20 and is consistent with proper safety
standards.
The applicant shall submit to the satisfaction of the County's Transportation and Engineering
Department a preliminary ptarr(3 copies which sets out the
triangle to be transferred to the County. Upon approval, the County will instruct the surveyor
to deposit the reference plan in the Land Registry Office for Simcoe County and request the
surveyor provide the County with three copies of the deposited reference plan.
All costs associated with the land transfer, including costs relating to surveying, legal fees
and disbursements, agreements, GST, etc. shall be borne by the applicant. All
documentation is to be prepared and registered by the County's Solicitor and to be executed
where required by the Applicant.
The Applicant shall submit to the County's Solicitor a deposit in the amount of $2000.00
(payable to: Graham Partners LLP in Trust), prior to the services being rendered.
Prior to stamping of the deed by the Township of Oro Medonte, the Applicant shall obtain
written clearance from the County for the above -noted condition.
2. The County Entrance By -law No. 5544 states, "Where a subdivision or individual lot fronts on
both a County Road and a Local Road, the entrance will be from the Local Road, where
feasible". Any entrances to proposed lot "8" must be from the Local Road (Colborne Street).
3. After the boundry adjustment, proposed lot 'B" will have four driveways with three entrances
onto County Road 20. The County Entrance By -law No. 5544 states, "One legally existing
entrance to each lot of record at the time of the passage of this by -law will be permitted In
consideration of the existing commercial use, two entrances onto County Road 20 must be
removed.
In addition, please note the County Setback By -law No. 5604 states, "No person shall locate, install or
rebuild any building or structure within 15 metres form the Highway Structures include septic systems and
garages. Any new structures must be located 15 metres back from the County right -of -way.
Please forward a copy of the decision. If you require any further information, please do not hesitate to
contact me.
Sincerely,
The Cor ora'n of the County of Simcoe
fj /7
w Y i
Ra`chelle Hamelin
Planner II
cc. Cameron Sellers, Innovative Planning Solutions
Paul Murphy, Planning /Engineering Technician, County of Simcoe
Bruce Hoppe, Manager of Development Planning, County of Simcoe
Page 23 of 163
2010-B-04, 2010-A-08 (Porter)
Dwelling at 300 Shanty Bay
2010-B-04, 2010-A-08 (Porter)
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Application No:
2010 -B -07
(Revised Application)
Meeting Date:
July 15, 2010
Roll
4346 010 -009 -0890
REQUIRED CONDITIONS:
BACKGROUND:
The purpose of Consent application 2010 -8-07 (Revised application) 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 Ridge Road East of approximately 701 metres (2300 feet) and
approximately 446 metres (1463 feet) on Line 8 South, with a lot depth of approximately 492 metres
(1615 feet) and have a lot area of approximately 38 hectares (96 acres). The lands to be retained
would have a lot area of approximately 24 hectares (60 acres).
The application appeared before the Committee of Adjustment at the May 20, 2010 meeting however
was deferred in order to receive comments from the County of Simcoe in regards to the existing
entrance to the proposed severed lands. The County of Simcoe has since provided comments in
regards to the entrance which has been included in this report for the Committee's reference. The
application then came before the Committee before the June 17, 2010 meeting but was subsequently
deferred at the request of the applicant in order to come before the Committee with a revised
application. The applicant has submitted a revised application which is now before the Committee for
their consideration.
The applicant has submitted a historical timeline of the property, which has been attached for the
Committee's reference. The West half of Lot 24 was conveyed to Ridgoro Farms Ltd in 1977 at which
point they merged in title under the applicants name. The summary of the deeds which support this
timeline are attached to this report.
ANALYSIS:
5c) 2010- B- 07(Revised) Ridgoro Farms Ltd.
280 Ridge Road...
TOWNSHIP OF ORO- MEDONTE
REPORT
To: Committee of Adjustment
Subject: Consent Application
Ridgoro Farms Ltd
Concession 8, Part of Lot 23 and 24
(Former Township of Oro),
280 Ridge Road East
Prepared By:
Steven Farquharson, B.URPL
intermediate Planner
Motion
R.M.S. File
D10.40426
The purpose of consent application 2010 -B -07 (Revised application) 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.
Development Services Meeting Date July 15, 2010
Application No. 2010- B- 07(Revised application) Page 1 of 7
Page 35 of 163
FINANCIAL:
Not applicable.
POLICIES /LEGISLATION:
OFFICIAL PLAN
5c) 2010- B- 07(Revised) Ridgoro Farms Ltd.
280 Ridge Road...
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 117 accordance with the Planning Act;
As per the attached deed, in 1974 the 24 hectare parcel was acquired by Ridgoro Farms Ltd, which
shows that the two parcels were once separate and 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 Ridgoro Farms Ltd having acquired ownership of
both parcels in 1977.
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 parcel is the same shape or size as they existed
at the time they were separate lot. Therefore, it is determined that the lands are 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 Ridge Road East, and is maintained year -round by a public authority (County
of Simcoe).
f) There are no public interest served by maintaining the property as a single conveyable parcel;
The County of Simcoe has stated their correspondence received July 8, 2010 that no new entrances
will be permitted on County Road 20 (Ridge Road)
g) Conforms with Section D2.2.1 of this Plan; and,
Section D2.2.1 of the Plan is discussed further below.
Development Services Meeting Date July 15, 2010
Application No. 2010- B -07(Revised application) Page 2 of 7
Page 36 of 163
5c) 2010- B- 07(Revised) Ridgoro Farms Ltd.
280 Ridge Road...
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 County
of Simcoe for access for the severed lands from Ridge Road East.
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 Ridge Road East, which is a
public roadway maintained year -round by the County of Simcoe.
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 have access to Ridge Road East, which is a County Road. The County of Simcoe
has commented that they will not support a new entrance being located outside of a settlement area.
No access to County Road 20 (Ridge Road), will be granted for the retained lands.
c) Will not cause a traffic hazard;
This application proposes to recreate a lot. The applicant will be required to apply for and obtain an
entrance permit from the County of Simcoe.
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 Ridge Road East of approximately 701 metres (2300 feet) and approximately 446
metres (1463 feet) on Line 8 South, with a lot depth of approximately 492 metres (1615 feet) and
have a lot area of approximately 38 hectares (96 acres). The severed parcel currently has an existing
dwelling and agricultural buildings. The lands to be retained would have a lot area of approximately
24 hectares (60 acres).
The minimum required lot area for an agricultural use in the A/RU Zone is 2.0 hectares, and the
minimum lot frontage for a single detached dwelling 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.
f) Will not have a negative impact on the drainage paftems 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.
Development Services Meeting Date July 15, 2010
Application No. 2010- B- 07(Revised application) Page 3 of 7
Page 37 of 163
County Official Plan
Provincial Policy Statement
5c) 2010- B- 07(Revised) Ridgoro Farms Ltd.
280 Ridge Road...
g) Will not restrict the development of the retained lands or other parcels of land, particularly as it
relates to the provision of access, if they are designated for development by this Plan;
The retained lands, will meet with the minimum required lot frontage and area requirements of the
Zoning By -law. No development applications are active adjacent to the subject lands, and as such no
negative impacts with respect to access are anticipated as a result of this consent.
h) Will not have a negative impact on the features and functions of any ecological feature in the
area;
The rear portion of the severed lands is regulated by Lake Simcoe Region Conservation Authority,
comments are forthcoming. Due to a watercourse being located on the retained lands the
Conservation Authority regulated a small portion of the subject lands.
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 the basis, that the proposed application does not meet the criteria of Section D2.2.1 (b), the
proposed technical severance is considered not to be appropriate and not generally conform to the
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 1977 and prior to that time were separately conveyable as a 24 hectare and 38 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 be of a sufficient size to permit agricultural use, 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).
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 38 hectares of land provide for a use that was
intended on an existing lot. The proposed use is consistent with other Tots of record in the
surrounding area. The Township's comprehensive Zoning By -law requires a minimum lot area of 2.0
Development Services Meeting Date July 15, 2010
Application No. 2010- B- 07(Revised application) Page 4 of 7
Page 38 of 163
5c) 2010- B- 07(Revised) Ridgoro Farms Ltd.
280 Ridge Road...
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 38 hectares (96 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. The subdivision of land policies state that both the severed and retained lands must not
have direct access to a Provincial Highway or County Road, unless the Province or County supports
the request. The County of Simcoe have stated that they do not support a residential entrance for the
retained lands, which would therefore not conform to this policy.
Based on the above, the Consent application would not generally conform with the Place to Grow
legislation.
ZONING BY -LAW
The subject property is currently zoned AgriculturaURural (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 AgriculturaURural (NRU) Zone, as the minimum
lot area and frontage have been met.
Therefore, the application would comply with the provisions as prescribed by the Zoning By -law.
CONSULTATIONS:
Public Works Department
Building Department
Engineering Department
County of Simcoe Comments Attached
Lake Simcoe Conservation Authority- Comments forthcoming
Development Services Meeting Date July 15, 2010
Application No. 2010- B- 07(Revised application) Page 5 of 7
Page 39 of 163
ATTACHMENTS:
Schedule #1- Location Map
CONCLUSION:
By reviewing the timeline provided by the applicant, which confirms that these parcels previously
existed as separate parcels, it is determined that the proposal does not appears to meet the criteria
required by Section D2.2.1 of the Official Plan, it is the opinion of the Planning Department, that
Consent application 2010- B- 07(Revised Application) for a technical severance is not appropriate.
Respectfully submitted: Reviewed by:
Steve rquha son, B.URPL
Intermediate Planner
5c) 2010- B- 07(Revised) Ridgoro Farms Ltd.
280 Ridge Road...
Andria Leigh, MCIP RPP
Director of Development Services
Development Services Meeting Date July 15, 2010
Application No 2010- B- 07(Revlsed application) Page 6 of 7
Page 40 of 163
Reposed Severed Lands
Reposed Retained Lands
5c) 2010-B-07(Revised) Ridgoro Farms Ltd.
280 Ridge Road...
SCHEDULE 1: LOCATION MAP
2010-B-07(Ridgoro Farms Ltd)
w CTUDH'OPE.BOULEVA RD_
1 1 S I PR 1 IN 3HOM E ROAD
1111
o 4500 180 368
and 1111
r
1111
Development Services Meeting Date July 15, 2010
Application No 2010-B-07(Revlsed application) Page 7 of 7
Page 41 of 163
COUNTY OF
S1MCOE
Steven Farquharson
Secretary- Treasurer
Township of Oro Medonte
148 Line 7 South
Oro, Ontario
LOL 1X0
Dear Mr. Farquharson:
County of Simcoe
Transportation and
Engineering
1110 Highway 26,
Midhurst, Ontario LOL 1X0
5c) 2010- B- 07(Revised) Ridgoro Farms Ltd.
280 Ridge Road...
Main Line (705) 726 9300
Toll Free 1 866 893 9300
Fax (705) 727 7984
Web: simcoe.ca
RE: Notice of Hearing Consent Application No. 2010 -B -07 (Ridgoro Farms Ltd.)
Part of Lot 23, Concession 8, (280 Ridge Road East/County Road #20)
Former Township of Oro, now Township of Oro Medonte
TRANSPORTATION AND
ENGINEERING
July 8, 2010
*Via: E -Mail*
Thank you for circulating the County of Simcoe the Notice of Hearing for the above referenced consent
application. The applicant is requesting consent to create a 38 hectares (96 acres) lot. The proposed
retained portion of the subject property would be approximately 24 hectare (60 acre). The County's
Transportation and Engineering Department has reviewed this file and provides the following
comments:
Section 2.5.2 of the County Entrance By -law states that "New entrances shall not be permitted to
individual lots created on County Roads following June 30, 1996, except in urban settlement areas
designated in Official Plans The proposed residential lot does not fall within an urban Settlement Area
boundary in either the Township of Oro Medonte Official Plan or the County of Simcoe Official Plan.
No access to County Road 20 (Ridge Road) will be granted from a severed lot.
Section 4.8.2.6 of the County Official Plan states that, `The existence of multiple entrances to a parcel
of land does not imply that additional lots can be created Section 4.8.2.5 of the County's Official Plan
states that "New entrances to County Roads for individual residential lots created after June 30, 1996,
are not permitted except in accordance with the County of Simcoe by -law regulating access to County
Roads and any applicable local municipal official plan
Based on the requirements of the County of Simcoe Entrance By -law No. 5544, any alteration or
change in use of the existing entrance would require an entrance permit from the County. In
accordance with Section 2.2.1.4 of the by -law, changing the use of a field entrance to a residential
entrance would require an entrance permit from the County.
The County of Simcoe's Transportation and Engineering Department does not support the request to
create a new lot, as the proposal is contrary to the roads policies of the County Official Plan and the
requirements of the County Entrance By -law.
For these foregoing reasons, the County continues to object to the approval of the application. Please
forward a copy of the decision. If you require any further information, please do not hesitate in
contacting me.
Page 42 of 163
Sincere)
1 ne/;orpo9ation orme my OT imcoe
/1
P Paul Murphy, B.Sc.
V Planning /Engineering Technician
(705) 725 -9300 ext. 1371
Cc: 'hristian Meile, County of Simcoe
ryan MacKell, County of Simcoe
J Hunter, County of Simcoe
Ra 1e Hamelin, County of Simcoe
5c) 2010- B- 07(Revised) Ridgoro Farms Ltd.
280 Ridge Road...
County Comments 2
X: \Corporate Services \Planning \D Development Planning D1D07 to D14 Development Correspondence \Oro- Medonte \D10 Severance D13
Variances12010 \OM -B -1007 Ridgoro Farms CR20 Undersized AG Notice of Hearing Response July 8, 10.doc
Page 43 of 163
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5c) 2010- B- 07(Revised) Ridgoro Farms Ltd.
280 Ridge Road...
Page 44 of 163
2010 -B -07 (Ridgoro Farms _td)
Lands Proposed to be Severed
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5c) 2010- B- 07(Revised) Ridgoro Farms Ltd.
280 Ridge Road...
Page 46 of 163
5c) 2010- B- 07(Revised) Ridgoro Farms Ltd.
280 Ridge Road...
Page 47 of 163
�X e1f'../L'tl(ltZtaYi
Proud Heritogc� Fxliring Finare
Application No:
2010 -B -18
Meeting Date:
July 15, 2010
Roll
4346 010- 002 -32500
REQUIRED CONDITIONS:
TOWNSHIP OF ORO- MEDONTE
REPORT
To: Committee of Adjustment
Subject: Consent Application
James Partridge
Concession 5, Part of Lot 16
(Former Township of Oro),
5d) 2010 -B -18 (Revised) James Partridge
Concession 5, Pa...
Prepared By:
Alan Wiebe, Planner
Motion
R.M.S. File
D10- 040570
The following conditions are required to be imposed on the Committee's decision regarding Consent
application 2010 -B -18:
1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land
Surveyor be submitted to the Secretary- Treasurer of the Committee of Adjustment;
2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the
parcel severed, for review by the Municipality;
3. That the applicant pay $2,000.00 for the lot created as cash -in -lieu of a parkland contribution;
4. That all municipal taxes be paid to the Township of Oro Medonte;
5. That 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 Application for Consent 2010 -B -18 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 15/16 Sideroad West of approximately 356 metres (1,168 feet), with a lot depth of
approximately 633 metres (2,077 feet), and a lot area of approximately 20.2 hectares (50 acres). The
lands to be retained would have a lot area of approximately 30.3 hectares (74.8 acres), and does not
currently contain any buildings or structures.
The applicant has submitted a letter dated July 16, 210, with a history of the property, attached for the
Committee's reference. As noted in this submission, the lands proposed to be retained and the lands
Development Services Meeting Date July 15, 2010
Application No. 2010 -B -18 Page 1 of 10
Page 48 of 163
proposed to be conveyed were separate conveyable Tots until 1970, when they merged in title under
the applicant's name. The summary of the recent history of ownership for the subject property, which
support this timeline, is attached to this report.
ANALYSIS:
The purpose of consent application 2010 -B -18 is for a technical severance to recreate lots that
previously existed as separate conveyable parcels of land. The Township's Official Plan contains
policies (Section D2.2.3), which permit the Committee to consider technical severances.
FINANCIAL:
Not applicable.
POLICIES /LEGISLATION:
Townshia Official Plan
5d) 2010 -B -18 (Revised) James Partridge
Concession 5, Pa...
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. Pursuant to the Official
Plan, the creation of new Tots maybe be permitted, provided that the Committee of Adjustment is
satisfied that the following criteria have been met. The opinion of Planning staff as to whether /how
such criteria has been met are outlined below.
a) Was once separate conveyable lot in accordance with the Planning Act;
As per the attached letter, in 1969 James Partridge had ownership of the West Half of Lot 16, and the
East Half of Lot 16 was in joint ownership between James Partridge and Howard Partridge. In 1970
Howard Partridge transferred his holding to James Partridge, which caused the lots to merge.
Therefore the two were separately 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 James Partridge having acquired ownership of both
parcels in 1970.
c) Is of the same shape and size as the lot which once existed as a separate conveyable lot;
A review of the past ownership and parcel history submitted indicates that the proposed severed
lands 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 of each lot.
Development Services Meeting Date July 15, 2010
Application No. 2010 -B -18 Page 2 of 10
Page 49 of 163
d) Can be adequately serviced by on -site sewage and water system;
5d) 2010 -B -18 (Revised) James Partridge
Concession 5, Pa...
The parcels should be of an adequate size to permit the establishment of private services, to be
confirmed prior to the issuance of any building permit(s).
e) Fronts on a public road that is maintained year -round by public authority;
The proposed lands to be conveyed front onto 15/16 Sideroad West, which 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 the opinion of Planning staff that there are no public interests served by maintaining the property
as a single conveyable parcel. The portion of the subject property proposed for severance appears to
have once been a separate conveyable lot and, although an environmental feature (a floodplain)
appears to occupy a portion of the retained lands, the Nottawasaga Valley Conservation Authority
(NVCA) has advised that it has no objection to the approval of this application. It has further advised
that a significant portion of the lands proposed to be retained are regulated by the NVCA, thereby
requiring a permit from the NVCA prior to any development on the proposed retained lands.
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
When an application for a building permit is submitted, an application for entrance permit would also
be required from the Township for access to the severed lands, from 15/16 Sideroad West.
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 parcels front onto 15/16 Sideroad West, which is maintained year -round by a public authority.
b) Does not have direct access to a Provincial Highway or County Road, unless the Province or
the County supports the request;
Neither the proposed severed, nor the proposed retained lands will 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 volumes are not anticipated by way of
the opportunity for an additional single detached dwelling being constructed on the proposed lands to
Development Services Meeting Date July 15, 2010
Application No 2010 -B -18 Page 3 of 10
Page 50 of 163
5d) 2010 -B -18 (Revised) James Partridge
Concession 5, Pa...
be conveyed. The applicant will be required to apply for, and obtain, an entrance permit from the
Township's Public Works Department prior to the construction of any new entrance.
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 appears to have been
unintentionally merged on title. The lands proposed to be severed would have a lot frontage along
the south side of 15/16 Sideroad West of approximately 356 metres, a lot depth of approximately 633
metres, and cover an area of approximately 20 hectares (approximately 50 acres). The minimum
required lot area for an agricultural use in the A/RU Zone is 2.0 hectares, and the minimum lot
frontage for a single detached dwelling on such a lot is 45 metres. Based on the dimensions of the
proposed severed lands, the proposed severed lands meet the minimum required lot area and
frontage for the A/RU Zone.
e) Can be serviced with an appropriate water supply and means of sewage disposal;
The applicant will be required to meet all requirements for septic system installation and private water
supply at the time of submission of building permit.
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 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 proposal.
h) Will not have a negative impact on the features and functions of any ecological feature in the
area;
Although the proposed retained lands appear to have a large area regulated by the Nottawasaga
Valley Conservation Authority, the proposed severed lands do not appear to be in an area regulated
by the Conservation Authority. The Conservation Authority has commented, and stated that it has no
objection to the approval of this application for severance.
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 the well
would not negatively impact the quality and quantity of groundwater.
Development Services Meeting Date July 15, 2010
Application No. 2010 -B -18 Page 4 of 10
Page 51 of 163
On this basis, the application is considered appropriate and is considered to generally conform to the
Official Plan.
County Official Plan
In analyzing this Application for Consent, Township staff has 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 of the County's Official Plans (approved and adopted), respectively, contain
policies for Agricultural lands, which are required to be considered in assessing an applications for
consent. Section 3.6.6 of the County's adopted Official Plan states that new lots should "generally
not be less than 35 hectares "and Section 3.6.5 of the County's approved Official Plan (pending
adoption) states that "New lots for agricultural uses should not be less than 40 hectares and both
proceed to state the alternative of or the original survey lot size, whichever is lessee. As stated
above, these two lots merged in 1970 and, prior to that time, they were separately conveyable as a
two 50 acre parcels "as originally established in 1905" (per Schedule 3).
Therefore, it is considered appropriate to recreate the proposed severed parcel as a separate
conveyable lot (per the West half of the East half of Lot 16, illustrated in Schedule 4).
The approved Official Plan of the County and the adopted Official Plan of the County (pending
approval) contain policies relating to new lots for agricultural purposes and, therefore, it is the opinion
of the Township's Planning staff that the proposal is considered to conform to the policies of the
County of Simcoe's Official Plans (both adopted and approved).
Provincial Policy Statement
5d) 2010 -B -18 (Revised) James Partridge
Concession 5, Pa...
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 2.3.4.1 of the PPS contains policies that discourages the creation of lots in prime agricultural
areas, and states that the creation of new lots may only be permitted for:
"a) agricultural uses, provided that the lots are of a size appropriate for the type of agricultural
use(s) common in the area and are sufficiently large to maintain flexibility for future
changes in the type or size of agricultural operations;
b) agriculture related uses, provided that any new lot will be limited to a minimum size
needed to accommodate the use and appropriate sewage and water services;?
Policy 2.3.4.2 of the PPS, however, states that "[lot] adjustments in prime agricultural areas may be
permitted for legal or technical reasons."
On this basis, the proposal appears to be consistent with the intent of the Provincial Policy Statement.
Places to Grow
Planning staff has reviewed the application for consent in the context of the Places to Grow policies of
the Provincial Government, introduced in 2006. The proposed consent would recreate a lot that
previously existed as a separately conveyable lot, which was merged on title as a result of having
been acquired by the owner of an adjacent property. As stated above, the policies in the Official
Development Services Meeting Date July 15, 2010
Application No. 2010 -B -18 Page 5 of 10
Page 52 of 163
Plans for the Township and the County of Simcoe contemplate technical severances, provided that
their purpose is to recreate a lot which once existed as a separate conveyable lot.
On this basis, the proposal appears to generally conform with the Places to Grow policies of the
Provincial Government.
ZONING BY -LAW
The subject property is currently zoned Agricultural /Rural (A/RU) Zone 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 AgriculturaVRural (A/RU) Zone, as the
minimum lot area and frontage have been met.
Therefore, the proposal is considered to comply with the provisions as prescribed by the Zoning By-
Law.
CONSULTATIONS:
Public Works Department
Building Department
Engineering Department
County of Simcoe
Nottawasaga Valley Conservation Authority- No objection
ATTACHMENTS:
Schedule #1- Location Map
Schedule 2 Title Search (Page 1)
Schedule 3 Title Search (Page 2)
Schedule 4 Title Search (Page 3)
CONCLUSION:
5d) 2010 -B -18 (Revised) James Partridge
Concession 5, Pa...
Upon review of the history of the subject property, as submitted by the applicant, it appears that the
lands proposed for severance once existed as a separate conveyable lot until approximately 1970.
Further, the proposal is considered to conform with the County and Township's Official Plans, with the
Provincial Policy Statement and Places to Grow policies, and is also considered to comply with the
Township's Zoning By -Law. Therefore, in the opinion of the Planning Department, Application for
Consent 2010 -B -18, for a technical severance, is considered appropriate.
Respectfully submitted: Reviewed by:
tj 4(1
Alan Wiebe
Planner
Development Services
--e
Andria Leigh, MCIP RPP
Director, Development Services
Meeting Date July 15, 2010
Application No. 2010 -B -18 Page 6 of 10
Page 53 of 163
L
eered
Retained Lands
Development Services
Application No, 201041-18
SCHEDULE 1; LOCATION MAP
2010 -B -18 (Partridge)
5d) 201043_18 (Revised)
James Partridge
Concession 5, Pa...
7o /1 6 •S1DEROAr
Meeting Date July 15, 2070
P age 7 of 10
35 70
1411 210 280
Meters
Page 54 of 163
June 16 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:
5d) 2010 -B -18 (Revised) James Partridge
Concession 5, Pa...
SCHEDULE 2: TITLE SEARCH (PAGE 1)
2010 -B -18 (Partridge)
SHIRLEY PARTRIDGE REGISTRY SERVICES INC.
168 LAKESHORE ROAD WEST
R.R. 1, ORO STATION, ON LOL 2E0
Re: James Howard Partridge
Application for Technical Severance
Part of Lot 16, Concession 5 Township of Oro Medonte
Part of PIN 58545- 0039(LT)
James Howard Partridge is the registered owner of the East Half of Lot 16 and
Part of Lot 17, all in the 5th Concession of the former Township of Oro.
The Crown Patent for All of Lot 16 was granted to Duncan McCuaig on the 25
day of June, 1853. Mr. McCuaig subsequently divided the West Half of the lot
into two parcels in 1854 and 1855 to create the West Half of the West Half and
the East Half of the West Half. That split Left the East Half of the lot which he
then conveyed to Donald McMillan in 1867. It went back into the McCuaig family
name in 1886. In 1905, Donald McCuaig transferred the West Half of the East
Half (50 acres) to John McCuaig whose estate then conveyed the same parcel to
Gilbert Love in 1908. Gilbert Love also acquired the East Half of the East Half in
1911 from the aforementioned Donald McCuaig, as well as the North Half of the
East Half of Lot 17 from Thomas Baker in 1899. Love subsequently passed
away and his son, Ernest, acquired all of the interest of his father in the said
lands. He then conveyed all of the East Half of Lot 16, and part of the north part
of Lot 17 to Maxwell Livingstone and Margaret Livingstone in1949.
An easement in favour of Trans- Canada Pipeline was registered in 1958, and an
easement in favour of Bell Canada was registered in 1988, each over part of Lot
17, Concession 5.
A plan of survey prepared by Leonard McNeice on December 27 1967 purports
to divide Lots 16 and 17, Concession 5 into multiple parcels, and more
particularly the East Half of Lot 16 into eleven parcels of just slightly more than
ten acres each. At that time there was provision under the Planning Act (subsc
Development Services Meeting Date July 15, 2010
Application No. 2010 -B -18 Page 8 of 10
Page 55 of 163
5d) 2010 -B -18 (Revised) James Partridge
Concession 5, Pa...
SCHEDULE 3: TITLE SEARCH (PAGE 2)
2010 -B -18 (Partridge)
26(1)(c)) that consent was not required to convey parcels that were ten acres or
more, as long as the retained lands were also ten acres or more. The "ten acre
rule" was repealed by subs 2(1) of the Planning Amendment Act, 1968 on May
2 1968, and any transactions on or after May 3 1968 required consent.
On April 18d', 1968, Bernard and Margaret Betts acquired the East Half as well
as part of the West Half of Lot 16 and part of the north part of Lot 17 from the
Livingstone's. The Betts' conveyed a parcel identified as "Parcel 12" on the said
survey and comprised of 10.18 acres to Bernard Betts alone on May 2 1968.
At this point in time consent was not required for such a transfer. On September
19 1969, Bernard and Margaret Betts conveyed the balance of the East Half of
Lot 16 to James Partridge personally, and Bernard Betts conveyed the lands
comprised of the said "Parcel 12" to James Partridge and Howard Partridge, as
joint tenants. This prevented a merger of the parcels at this time, but a further
Transfer on January 6 1970 by Mr. and Mrs. Betts and Howard Partridge (the
other joint tenant) to James Partridge for all of the lands including "Parcel 12" did
create a merger of title.
James Partridge transferred the East Half of Lot 16 together with part of the
North Half of the East Half of Lot 17, Concession 5 to Putcher Holdings Ltd., In
Trust, but received a Quit Claim of the lands back on March 13 1992.
Mr. Partridge would like to restore the division of the East Half of Lot 16 into the
West Half of East Half (50 acres) and the East Half of the East Half (50 acres) as
originally established in 1905. He would like to apply for a technical severance to
re- create the West Half of the East Half of Lot 16, Concession 5 as a separate
parcel, leaving the retained parcel as the East Half of the East Half of Lot 16 and
that part of Lot 17, Concession 5 adjoining to the south.
Shirley Partrid resident
Shirley Partridge Registry Services Inc.
Development Services Meeting Date July 15, 2010
Application No. 2010 -B -18 Page 9 of 10
Page 56 of 163
5d) 2010 -B -18 (Revised) James Partridge
Concession 5, Pa...
SCHEDULE 4: TITLE SEARCH (PAGE 3)
2010 -B -18 (Partridge)
giluwan.ee _Co.or S
r-
p{. Oildwanet £4ii CtMr -x'
Development Services Meeting Date July 15, 2010
Application No. 2010 -13-18 Page 10 of 10
Page 57 of 163
5d) 2010 -B -18 (Revised) James Partridge
Concession 5, Pa...
Page 58 of 163
5d) 2010 -B -18 (Revised) James Partridge
Concession 5, Pa...
Page 59 of 163
5d) 2010 -B -18 (Revised) James Partridge
Concession 5, Pa...
Page 60 of 163
2O1OB1S (PBftfldge
Prop ertY
Lands to the Nort of Subject Pr p
r.:�n..hlp of
C i*f) 4;;hed nte-
Pr J Hnt,.yr, Vuoing Funve
Application No:
2010 -B -21
2010 -A -21
Meeting Date:
July 15, 2010
Roll
4346- 010 -008 -1420
REQUIRED CONDITIONS:
BACKGROUND:
The purpose of Consent Application 2010 -B -21 is to create a new residential lot fronting onto Ridge
Road West. The land to be severed would have approximately 30 metres of frontage on Ridge Road
West, a fot depth of 107 metres and an area of 0.3 hectares. The proposed retained lands would
have a lot area of approximately 0.4 hectares. Consent Application 2010 -B -21 is to be considered
in conjunction with Minor Variance Application 2010 -A -21, which is recognizing the deficiency in lot
frontage and area in the AgriculturalRural (A/RU) Zone.
ANALYSIS:
The purpose of application 2010 -3-21 is to permit the creation of a new residential lot fronting onto
Ridge Road West. The lot is proposed to have a frontage of 30 metres, and lot area 0.3 hectares. The
land proposed to be retained would have a lot area of approximately 0.4 hectares. The purpose of
application 2010 -A -21 is to facilitate the creation of a lot with a lot area and lot frontage deficiency of the
minimum requirement for the AgriculturaVRural Zone.
FINANCIAL:
Not applicable.
POLICIES /LEGISLATION:
Does the Consent conform to the general intent of the Official Plan?
Development Services
Application No. 2010 -8 -21
2010 -A -21
To: Committee of Adjustment
Subject: Variance Application
(Bryan and Daniel Lambert)
Lot 26, Concession 5
839 Ridge Road West
(Former Township of Oro)
5e) 2010 -B -21 Bryan and Daniel Lambert
839 Ridge Road W...
TOWNSHIP OF ORO- MEDONTE
REPORT
Prepared By:
Steven Farquharson,
Intermediate Planner
Motion
R.M.S. File
D10 -40622
D13 -40623
The subject property is designated "Rural" by the Official Plan. The permitted uses within the "Rural"
designation include single detached dwellings, home occupations, and Bed and Breakfast
Meeting Date July 15, 2010
Page 1 of 5
Page 62 of 163
establishments. Section C2.3; contain policies which provide direction regarding the creation of new
lots for residential purposes in the "Rural" designation.
Section C2.3.1 states that only one new lot can be severed from a lot in the Rural designation that
has an area of at least 36 hectares. The total lot size of the lot to be severed is 0.7 hectares.
Therefore, Consent Application 2010 -B -21 does not conform to the general intent of the Official Plan.
5e) 2010 -B -21 Bryan and Daniel Lambert
839 Ridge Road W...
Does the Consent comply with the general intent of the Zoning By -law?
The proposed lot is zoned Agricultural /Rural (A/RU) Zone by Zoning By -law 97 -95. The proposed lot
size that the applicant has submitted is deficient in lot frontage and lot area requirements of the
Agricultural /Rural (A/RU) Zone. The applicant is proposing a lot area of 0.3 hectares and lot frontage
of 30 metres for the severed lot. The By -law requirement for minimum lot area is 0.4 hectares and
the minimum lot frontage requirement is 45 metres. Please refer to the conclusion section of this
report regarding consideration of Variance Application 2010 -A -21.
Provincial Policy Statements
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 1.1.3 contains policy that states settlement areas shall be the focus of growth and their vitality
and regeneration shall be promoted. The proposed severance is located outside of a settlement area
therefore it is considered not 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 Township's Official Plan currently contains policies which provided that the
proposed lot meeting the policies of C2.3.1. Due to the application not having the required 36
hectares as required in the Township Official Plan to the creation of one residential lot, the application
is considered not to meet this policy.
Based on the above, the Consent application would not conform with the Place to Grow legislation.
County of Simcoe Official Plan
In analyzing Consent and Variance applications, 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
County of Simcoe has commented stating that they have no objection to the proposed consent
application. Section 3.4.1 states that where policies of local municipal Official Plan are considered
more restrictive to development than the policies of the County Official Plan, the more restrictive
policies shall apply. Due to the Township's Official Plan policies being more restrictive for lot creation
in the Rural designation, the Township's policies apply. The adopted County Official Plan continues
to include the policies discussed above and therefore it is our opinion that the proposed development
generally does not conform to the policies of both County Plans (approved and adopted).
Development Services
Application No. 2010 -B -21
2010 -A -21
Meeting Date July 15, 2010
Page 2 of 5
Page 63 of 163
CONSULTATIONS:
Transportation and Environmental Services
Building Department
Engineering Department
County of Simcoe-
Lake Simcoe Region Conservation Authority-
ATTACHMENTS:
1. Location Map
2. Proposed Site Plan
Respectfully submitted:
Steven F tq aralsth, B.URPL
Intermediate Planner
Development Services
Application No. 2010 -8-21
2010 -A -21
5e) 2010 -B -21 Bryan and Daniel Lambert
839 Ridge Road W...
CONCLUSION:
In the opinion of the Planning Department, Consent application 2010 -B -21 does not conform to the
Official Plan, as the proposed severance does not meet the Rural designation policies. The proposed
severance does not conform to the minimum lot size of at least 36 hectares to have one new
residential lot created from it. The proposed Consent is not consistent with the Provincial Policy
Statement and does not conform with the Places to Grow, County Official Plan and Township Official
Plan. Given that staff is not in support of Consent Application 2010 -B -21 because the application
does not conform to the policies of the Official Plan; staff have not proceeded to do a complete
analysis and evaluation of Variance Application 2010 -A -21.
Reviewed by:
Glenn White, MCIP, RPP
Manager, Planning Services
Meeting Date July 15, 2010
Page 3 of 5
Page 64 of 163
LANDS TO BE SEVERED
LANDS TO BE RETAINED
Development Services
Application No. 2010 -B -21
2010 -A -21
5e) 2010 -B -21 Bryan and Daniel Lambert
839 Ridge Road W...
SCHEDULE 1: LOCATION MAP
2010 -B -21 and 2010 -A -21 (Lambert)
RIO GE -ROAD
W
Z
J
0 1020 40 60 80
Meters
Meeting Date July 15, 2010
Page 4 of 5
Page 65 of 163
Pattigi/J044
Development Services
Application No. 2010-B-21
2010-A-21
SCHEDULE 2: PROPOSED SITE PLAN
2010-B-21 and 2010-A-21 (Lambert)
ROAD ALLOWANCE 'Bertieet.
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StARVEY00 CEL
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SURVEYS.Acr ANCi
5e) 2010-B-21 Bryan and Daniel Lambert
839 Ridge Road W...
6
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RataitiED TO E' TP-Mt1014 rife
SOUTHEf4St C bF LOT 2, CONcEerefOit.1,
Meeting Date July 15, 2010
Page 5 of 5
Page 66 of 163
cOd0.6P
Aoger
f
COUNTY OF
SIMCOE
Steven Farquharson
Secretary- Treasurer
Township of Oro Medonte
148 Line 7 South
Oro, Ontario
LOL 1X0
Dear Mr. Farquharson
County of Simcoe
Transportation and
Engineering
1110 Highway 26,
Midhurst, Ontario LOL 1X0
5e) 2010 -B -21 Bryan and Daniel Lambert
839 Ridge Road W...
Main Line (705) 726 9300
Toll Free 1 866 893 9300
Fax (705) 727 7984
Web: simcoe.ca
July 8, 2010
*via: e-mail"
RE: Consent Application File No. 2010 -B -21 (Lambert)
839 County Road 20 (Ridge Road), Lot 26, Concession 5, Township of Oro Medonte,
County of Simcoe.
The County of Simcoe has no objection to the approval of the application, provided the following
conditions are included:
TRANSPORTATION AND
ENGINEERING
Thank you for circulating the above -noted application to the County of Simcoe for review. The County
of Simcoe's Transportation Master Plan identifies County Road 20 as requiring road improvements to
address deficiencies and future expansion of the area. The existing right -of -way on County Road 20
adjacent to the subject property is approximately 15.0 metres wide. In accordance with Schedule 5.5 of
the Simcoe County Official Plan, the required basic right -of -way width for County Road 20 is 20 metres.
County staff has reviewed this requirement and feel that the full right -of -way width is necessary for
future road maintenance, road improvements and stormwater flow from County Road 20. In order to
meet this right -of -way requirement, the County will require a road widening of approximately 3.0
metres.
The Simcoe County Official Plan also states the requirement for daylight (sight) triangles. The County
standard for daylight (sight) triangles is 15 metres X 15 metres. These dimensions are applied to the
limit of the right -of -way.
1. The applicant shall transfer to the Corporation of the County of Simcoe "County at no
cost, a fee simple, unencumbered interest in the following:
A road allowance widening along the entire frontage of the subject property
adjacent to County Road 20 to provide a 10.0 metre right -of -way from the
centre line of County Road 20.
A daylight (sight) triangle measuring 10 metres east -west x 10 metres north
south at the north -east corner of the property adjacent to County Road 20
(Ridge Road) and Line 5 South. The County would accept a smaller daylight
(sight) triangle if the dedicated triangle lands contain a structure such as a well
or septic system.
Page 67 of 163
The applicant shall submit to the satisfaction of the County's Transportation and Engineering
Department a preliminary reference plan (3 copies) which sets out the road widening and daylight
triangle to oe transterreu to the Gounry. upon approvai,ire county will instruct the surveyor to`aeposit
the reference plan in the Land Registry Office for Simcoe County and request the surveyor provide the
County with 3 copies of the deposited reference plan.
All costs associated with the land transfer, including costs relating to surveying, legal fees and
disbursements, agreements, GST, etc. shall be borne by the applicant. All documentation is to be
prepared and registered by the County's Solicitor and to be executed where required by the Applicant.
The Applicant shall submit to the County's Solicitor a deposit in the amount of $2000.00 (payable to:
Graham Partners LLP in Trust), prior to the services being rendered.
Prior to stamping of the deed by the Township of Oro Medonte, the Applicant shall obtain written
clearance from the County for the above -noted conditions.
The County of Simcoe is requesting the road widening including the daylight triangle lands for road
widening purposes pursuant to section 53(12) of the Planning Act and such land will form part of the
highway to the extent of the designated widening in accordance with section 31(6) of the Municipal Act,
2001. The widening of County Road 20 and the daylight triangle are required pursuant to the County's
standards for the construction of roads such as County Road 20 and are consistent with proper safety
standards.
Please forward a copy of the decision. If you require any further information, please do not hesitate to
contact me.
Sincerely,
Thh orp ation of )he County of Simcoe
I
1
I/
Paul Murp y, B.Sc.
Planning/ ngineering Technician
(705) 726-9300 ext. 1371
C.C. Jim Hunter, County of Simcoe
Bryan MacKell, County of Simcoe
5e) 2010 -B -21 Bryan and Daniel Lambert
839 Ridge Road W...
County Comments 2
X: \Corporate Services \Planning \D Development Planning 01007 to 014 Development Correspondence \Oro- Medonte \D10 Severance 013
Variances12010\OM -B 1021 Lambert CR 20 \County Comments July 8, 10.doc
Page 68 of 163
Conditions:
Attachment
The Corporation of the
County of Simcoe
Corporate Services Division
Transportation Services Department
BRYAN DANIEL LAMBERT
839 RIDGE ROAD WEST
ORO STATION, ON
LOL 2E0
Please be advised that:
Christian Meile, P. Eng.
Director, Transportation Maintenance
5e) 2010 -B -21 Bryan and Daniel Lambert
839 Ridge Road W...
District No.: 1
Garage Location: Midhurst
Foreman: Craig DeCarie
Phone: (705)726- 9325x1906
(705) 735 -6901 or 1- 800 263 -3199
1110 Highway 26
Administration Centre
Midhurst, Ontario LOL 1X0
O Headwalls of any design are not permissible.
O Plantings or any structures are not allowed on County Roads.
O No culvert required at this location.
P10 (3502)
JUNE 5Th, 2009
RE: PERMIT 3502 SUPPLEMENTAL CONDITIONS
Enclosed is your approved entrance permit. Please be advised the applicant is responsible for obtaining any
approvals which may be necessary for the construction of this entrance, which may include: Utilities, the
Department of Fisheries and Oceans, Ministry of Natural Resources, Local Conservation Authorities, etc.
1) The finished grade of the entrance is to be no higher than the existing shoulder so as not to run water on the
County Road.
When installation of the entrance is completed, please contact the number below to arrange for an inspection
appointment.
If you have any questions, please do not hesitate to contact the undersigned.
7
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X: \Corporate Services\Roads Engineering \P Protection Enforcement Permits\P10 Permits (2009)12009 Entrance Penmts\Entrance Permits YARD
11BLANK LETTER for Entrance Permit Yard #l.doc
Page 69 of 163
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Application No:
2010 -B -22
2010 -A -23
Meeting Date:
July 15,2010
Roll
4346 010 -006 -00450
REQUIRED CONDITIONS:
Development Services
Application No. 2010 -13-22
2010 -A-23
To: Committee of Adjustment
Subject: Variance Application
(Paul and Suzanne Dupuis)
Part of Lot 15, Plan 1,
51 R -27502 Part 7
299 Shanty Bay Road
(Former Township of Oro)
5g) 2010 -B -22 Paul and Suzanne Dupuis
299 Shanty Bay Roa...
TOWNSHIP OF ORO- MEDONTE
REPORT
Prepared By:
Steven Farquharson,
Intermediate Planner
Motion
R.M.S. File
D10 -40655
D13 -40656
The following conditions are required to be imposed on the Committee's decision regarding Consent
applications 2010 -B -22:
1. That three copies of a Reference Plan for the subject land indicating the severed parcels be
prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer;
2. That the applicant pay 2,000.00 for each lot created as cash -in -lieu of a parkland
contribution;
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 all municipal taxes be paid to the Township of Oro Medonte; and,
5. That Variance application 2010 -A -23, be approved for consent application 2010 -B -22
6. That the conditions of consent imposed by the Committee be fulfilled within one year from the
date of the giving of the notice.
The following conditions are required to be imposed on the Committee's decision regarding Variance
application 2010 -A -23:
1. That the minimum lot area for the severed lot (2010 -B -22) be no less then approximately 0.13
hectares and the minimum frontage be no less then approximately 22 metres
2. That the applicant satifiies the conditions of the County of Simcoe as outlined in their July 7,
2010 correspondence.
Meeting Date July 15, 2010
Page 1 of 6
Page 75 of 163
BACKGROUND:
ANALYSIS:
FINANCIAL:
Not applicable.
POLICIES/LEGISLATION:
5g) 2010 -B -22 Paul and Suzanne Dupuis
299 Shanty Bay Roa...
The purpose of Consent Application 2010 -B -22 is to create a new residential lot fronting onto Shanty
Bay Road. The land to be severed would have approximately 22 metres of frontage on Shanty Bay
Road, a lot depth of 62 metres and an area of 0.13 hectares. The proposed retained lands would
have a lot area of approximately 0.2 hectares. Consent Application 2010 -B -22 is to be considered
in conjunction with Minor Variance Application 2010 -A -23, which is recognizing the defiency in lot
frontage and area in the R1 Zone.
The purpose of application 2010 -B-22 is to permit the creation of a new residential lots fronting onto
Shanty Bay Road. The lot is proposed to have a frontage of 23 metres, and lot area 0.13 hectares.
The land proposed to be retained would have a lot area of approximately 0.2 hectares. The purpose of
application 2010-A-21, is to allow for the lot to be created with Tess total area than the minimum area
and frontage required by the R1 Zone. The applicant is requesting the following relief from Zoning By-
law 97 -95:
Residential One (R1) Zone: Required Proposed
Table B1- Minimum Lot Area: 0.2 hectares 0.13 hectares
Minimum Lot Frontage: 30 metres 22 metres
Does the Consent conform to the general intent of the Official Plan?
The subject property is designated Shoreline by the Official Plan. Permitted land uses within the
Shoreline Designation include single detached dwellings, accessory structures to residential uses,
and home -based businesses. For the purpose of this application, it is noted that the creation of new
lots by way of severance is permitted within the Shoreline designation, where conformity with the
tests of severance as listed in Section D2.2.1 of the Official Plan are achieved. The proposed
severed and retained lots would front on a municipal road, would not be located within an
environmentally sensitive area, however the applicants are also seeking a variance for the new lot in
terms of lot frontage and lot area which would if approved, comply with relevant Zoning provisions of
the Shoreline Residential (SR) Zone (discussed below). As the proposed severed and retained lands
would be 0.13 and 0.2 hectares respectively, the application would be in keeping with the general
character of the area, and in keeping with the intent of the Official Plan.
Development Services Meeting Date July 15, 2010
Application No. 2010 -B-22
2010 -A -23 Page 2 of 6
Page 76 of 163
5g) 2010 -B -22 Paul and Suzanne Dupuis
299 Shanty Bay Roa...
Does the Consent comply with the general intent of the Zoning By- -law?
The subject property is zoned Residential One (R1) Zone. The proposed lot will consist of
approximately 0.13 hectares, and will have approximately 22 metres of frontage on Shanty Bay Road;
the required frontage for a lot in the R1 Zone is 30 metres, and the required minimum lot area for a
residential use is 0.2 hectares. The proposed retained lands would consist of approximately 0.2
hectares, and maintain 34 metres of frontage on Shanty Bay Road.
With respect to severance policies contained in the Official Plan, Section D2.2.1 d) indicates that that
the severed and retained Tots "[have] adequate size and frontage for the proposed use in accordance
with the Zoning By- law..." As noted above, the property is zoned R1; a condition of Provisional
Consent should be that Variance application 2010 -A -23 be approved to recognize the proposed lot
not meeting the minimum required lot frontage is 30 metres, and the minimum required lot area for a
residential use is 0.2 hectares in the R1 Zone. A survey of property sizes in the area of Shanty Bay
Road and Barrie Terrance determined that the residential lot sizes range from 0.13 hectares to 0.2
hectares for the area and frontage ranges from 15 metres to 23 metres, therefore the proposed
severance and variance would be in keeping with the character of the neighbourhood and the intent
of the Zoning By -law.
On the basis of the above, the proposal is considered to comply with the general intent of the Zoning
By -law.
Provincial Policy Statements
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 1.1.1 a) contains policy that states that promoting efficient development and land use patterns
which sustain the financial well being of the Province and municipalities over the long term. Also
found in subsection (b) states that accommodating an appropriate range and mix of residential,
employment (including industrial, commercial and industrial uses), recreational and open space uses
to meet long term needs. The proposed severance is located outside of a settlement area, however
meets Section 1.1 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 2.2.2- Managing Growth (h) encourages cities and towns to develop as
complete communities with a diverse mix of land uses, a range and mix of employment and housing
types, high quality public open space and east access to local stores and services. Also found in
Policy 2.2.3 General Intensification Section 6(f), which states that all municipalities shall development
and implement through their Official Plans policies which will facilitate and promote intensification.
Subsection (i) states that the municipalities will plan for a range and mix of housing. 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 Township's Official Plan currently
contains policies which permit staff and the Committee to consider application for consent in the
Shoreline Designation provided that the proposed lot meeting the policies of D2.2.1. Due to the
application meeting the required policies of the Township Official Plan to the creation of one
residential lot, the application is considered to meet this policy.
Development Services Meeting Date July 15, 2010
Application No. 2010 -B -22
2010-A-23 Page 3 of 6
Page 77 of 163
Based on the above, the Consent application would generally conform with the Place to Grow
legislation.
County of Simcoe 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 County of
Simcoe Transportation and Engineering Department have indicated that as part of By -law 5544 which
states where a subdivision or individual lot fronts on both a County Road and Local Road, the
entrance will be from the Local Road, where feasible. As a result of this By -law the County have
stated that the severed lot will not have access to County Road 20 (Shanty Bay Road). Therefore the
applicant would be required to obtain an entrance from the Township for access to Barrie Terrace.
The County has also commented stating that no structures (including wells and septic systems) shall
be located within 15 metres from the County Road. It is the opinion of the Planning Department that
the proposed severance and variance conforms to the County of Simcoe Official Plan
CONSULTATIONS:
Transportation and Environmental Services
Building Department
Engineering Department
County of Simcoe- Comments Attached
Lake Simcoe Region Conservation Authority-
ATTACHMENTS:
1. Location Map
2. Proposed Site Plan
CONCLUSION:
In the opinion of the Planning Department, Consent application 2010 -B -23 does conform to the
Official Plan, as the proposed severance does meet the Shoreline development policies as the future
development of residential uses would be in keeping with the Shoreline designation policies. It is also
the opinion of the Planning Department that Variance application 2009 -A -23, being an application for
relief from the minimum lot area and lot area, appears to satisfy the tests of the Planning Act.
Respectfully submitted:
Steven F a n, B.URPL
Intermediate Planner
Development Services
Application No. 2010 -B -22
2010 -A -23
5g) 2010 -B -22 Paul and Suzanne Dupuis
299 Shanty Bay Roa...
Reviewed by:
Glenn White, MCIP, RPP
Manager, Planning Services
Meeting Date July 15, 2010
Page 4 of 6
Page 78 of 163
Development Services
Application No. 2010 -8 -22
2010 -A -23
5g) 2010 -B -22 Paul and Suzanne Dupuis
299 Shanty Bay Roa...
SCHEDULE 1: LOCATION MAP
2010 -B -22 and 2010 -A -23 (Dupuis)
Meeting Date July 15, 2010
Page 5 of 6
Page 79 of 163
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Development Services
Application No 2010 -B -22
2010-A-23
5g) 2010 -B -22 Paul and Suzanne Dupuis
299 Shanty Bay Roa...
SCHEDULE 2: PROPOSED SITE PLAN
2010 -B -22 and 2010 -A -23 (Dupuis)
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Meeting Date July 15, 2010
Page 6 of 6
Page 80 of 163
COUNTY OF
S1MCgE
Steven Farquharson
Secretary- Treasurer
Township of Oro Medonte
148 Line 7 South
Oro, Ontario
LOL 1X0
Dear Mr. Farquharson
County of Simcoe
Transportation and
Engineering
1110 Highway 26,
Midhurst, Ontario LOL 1X0
Sincerel
The .rpor io of the County of Simcoe
1
Paul Murphy;B.Sc.
Planning /Engineering Technician
(705) 726 -9300 ext. 1371
C.C. Jim Hunter, County of Simcoe
Bryan acKell, County of Simcoe
5g) 2010 -B -22 Paul and Suzanne Dupuis
299 Shanty Bay Roa...
Main Line (705) 726 9300
Toll Free 1 866 893 9300
Fax (705) 727 7984
Web: simcoe.ca
TRANSPORTATION AND
ENGINEERING
July 7,2010
*via: e-mail*
RE: Consent Application File No. 2010 -B -22 (Dupuis)
299 County Road 20 (Shanty Bay Road), Plan 1, Lot 15, Concession 1, Township of Oro
Medonte, County of Simcoe.
Thank you for circulating the above -noted Consent Application to the County of Simcoe. The
Transportation and Engineering Department has reviewed the application and has the following
comments:
1. The County Entrance By -law No. 5544 states, 'Where a subdivision or individual lot fronts on
both a County Road and a Local Road, the entrance will be from the Local Road, where
feasible Any entrance to the severed lot must be from the Local Road (Barrie Terrace).
2. The County Setback By -law No. 5604 states, "No person shall locate, install or rebuild any
building or structure within 15 metres from the Highway". Structures include septic systems,
wells and garages. Any new structures must be located 15 metres back from the County right
of -way.
Please forward a copy of the decision. If you require any further information, please do not hesitate to
contact me.
X: \Corporate ServiceslPlanning \D Development Planning D \D07 to D14 Development Correspondence\Oro- Medonte \D10 Severance D13
Variances \2010 \OM -B- 1022 \County Comments July 7, 10.doc
Page 81 of 163
2010 -B -22 ;Dupuis;
Existing Dwelling on Subject Property (from North)
2010 -B -22 ;Dupuis)
Boundary of Proposed Severance (from North)
2010-B-22 :Dupuis)
Western Lot Line of Subject Property/Severed Lands (from North)
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Page 85 of 163
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5g) 2010 -B -22 Paul and Suzanne Dupuis
299 Shanty Bay Roa...
Page 87 of 163
2010 -B -22 ;Dupuis)
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299 Shanty Bay Roa...
Page 92 of 163
2010 -A -23 ;Dupuis;
Existing Dwelling on Subject Property (from South)
Xerox WorkCentre 5225
Transmission Report
5g) 2010 -B -22 Paul and Suzanne Dupuis
299 Shanty Bay Roa...
Document has been sent.
Job Date Time 07/15/2010 09:07 AM
Sender KO
Document 4230
705 726 9197 Klaus Jacoby L,0 Oel• Jacoby 61a[ubylaW Omen 09:16:5ea.m. 07-15 -2010
JACOBY &JkCOBY
Vie Fax only to 487.0133
The Corporation of the
Township of Oro-Medonte
Committee of Adjustment
148 Line 7 South
P. 0. Box 100
ORO, ON LOL 2X0
Attention: Mr. Steven Farquharson
Secretary- Treasurer
Deer Sirs:
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K. 60000 JACOBY
6b101007041 r.c0
July 15, 2010
RE: DUPUIS Applications for Consent and Minor Variance
Applications No. 2010 -A -23 and No. 2010.1 -22
29 Bay Road. aarrie_ Ontario
I em writing to you not in my capacity as solicitor, but as owner of
73 Barrie Terrace and hence, an Interested party in connection with the above -noted
Applications.
I would like to express my support to both Applications but would
respectfully request that if access to the subject lands i5 by way of Barrie Terrace, that
should Consent be granted, it be made subject to the driveway location for the severed
lot heing limited to the East side of the lot so as to avoid a congestion of entrances at the
end of Berrie Terrace.
Thank you for your consideration hare'
Yours
KNJ:mr KLAUS N. JACOBY
PO BOX 350. 34 cuPPeRroNOTREET, BARR,E. 0574410 I/rn415 7CU:1705)726.0239 FAX: 1705r725.0197
Date Time Sent Recipient Information Result
07/15/2010 09:07 AM faxrepository@oro-medonte.ca Completed
Date Time 07/15/2019 09:07 AM
Page [(Last Page)
Page 94 of 163
2010 -A -23 ;Dupuis)
Proposed Reduced Frontage of Severed Lot
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Existing Dwelling on Subject Property (from North)
2010 -A -23 ;Dupuis;
Existing Dwelling on Subject Property (from South)
Meeting Date:
July 15, 2010
Proud Heritage, Exciting Fume
Application No:
2010 -B -23
Roll
4346- 020 -006 -17700
REQUIRED CONDITIONS:
BACKGROUND:
5i) 2010 -B -23 Michael and Katherine Vandergeest
2555 Dun...
TOWNSHIP OF ORO- MEDONTE
REPORT
To: Committee of Adjustment
Subject: Consent Application
Michael and Katherine Vandergeest
2555 Dunns Line
Part of Lot 13, Concession 14
(Former Township of Medonte),
Prepared By:
Alan Wiebe, Planner
Motion
R.M.S. File
D10 -40612
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 the 25 acre lot to the north "(A) per Schedule
#3), 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.
The purpose of Application for Consent 2010 -B -23 is for a boundary adjustment to convey
approximately 4.8 hectares (12 acres) from the subject property, Part of Lot 13, Concession 14, to the
neighbouring agricultural lot to the north "(A) per Schedule #3). The proposed retained lot would
consist of approximately 51.8 hectares (128 acres), and currently contains a residential dwelling and
various agricultural buildings. No new building Tots are proposed to be created as a result of the
proposed boundary adjustment.
Development Services Meeting Date July 15, 2010
Application No. 2010 -B -23 Page 1 of 7
Page 98 of 163
ANALYSIS:
The purpose of application 2010 -B -23 is to permit a lot addition /boundary adjustment. The proposed
lot addition will result in an increase of approximately 73 metres of frontage on Dunns Line, and a lot
depth of approximately 670 metres, being conveyed to the recently created lot to the north. No new
building lot is proposed to be created as a result of the lot addition.
FINANCIAL:
Not applicable.
POLICIES /LEGISLATION:
Township Official Plan
5i) 2010 -B -23 Michael and Katherine Vandergeest
2555 Dun...
The subject lands are designated Agricultural in the Township's Official Plan. Section D2 contains
policies regarding the subdivision of land. Specifically, Section D2.2.2, "Boundary Adjustments
provides the following direction for Applications for Consent:
"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 as intended by this Plan. In addition, the
Committee shall be satisfied that the boundary adjustment will not affect the viability of the
agricultural parcels affected."
With respect to the subject application, 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 land s to be
retained currently contain a single detached dwelling with various outbuildings, and the viability of the
retained lands would not appear to be affected by the proposed boundary adjustment. The resulting
lot is proposed to be 51.8 hectares (128 acres) in size, thereby exceeding the minimum lot size for a
new agricultural lot, required by the County of Simcoe's Official Plan.
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.
County Official Plan
Policy 3.3.4 of the County of Simcoe's Official Plan, which applies to several land use designations,
including the Agricultural designation, states that "Consents for the purpose of boundary adjustments
and consolidation of land holdings are permitted but shall not be for the purpose of creating new lots
except as otherwise permitted in this Plan. All lots created shall conform to all applicable municipal
policies and bylaws.
Development Services Meeting Date July 15, 2010
Application No. 2010 -B -23 Page 2 of 7
Page 99 of 163
5i) 2010 -B -23 Michael and Katherine Vandergeest
2555 Dun...
On the basis of the proposal not being for the purpose of creating a new lot, the proposal is
considered to conform with the policy of the County of Simcoe's Official Plan.
Provincial Policy Statement
Section 2.3.4 of the Provincial Policy Statement, 2005, "Lot Creation and Lot Adjustments states
that "[lot] creation in prime agricultural areas is discouraged and may only be permitted for: a)
agricultural uses, provided that the lots are of a size appropriate for the type of agricultural use(s)
common in the area and are sufficiently large to maintain flexibility for future changes in the type of
agricultural operations
While a new lot is not being created, the proposed boundary adjustment would result in the
enlargement of an existing 10.1 hectare (25 acre) parcel, to 14.9 hectares (37 acres), and the
reduction of a 56.6 hectare (140 acre) parcel, to 51.8 hectares (128 acres). Therefore, the viability of
the lands to be enhanced through the proposed conveyance, for agricultural purposes, will be
enhanced, and the lands proposed to be retained will continue to be of a sufficient size to be viable
for agricultural purposes.
On this basis, the proposal is considered to conform with the policies of the Provincial Policy
Statement, 2005.
Zoning y -Law
The subject property is zoned Agricultural /Rural (A/RU) Zone in the Township's Zoning By -Law, as
are the lands to be enhanced. The proposed boundary adjustment would result in the enhanced
lands occupying an area of approximately 14.9 hectares (37 acres), and the retained lands would
occupy an area of approximately 51.8 hectares (128 acres). Both the enhanced and the retained
lands would comply with the provisions of the Zoning By -Law related to the minimum required lot
frontage for single detached dwellings on lands in the A/RU Zone, of 45 metres, and related to the
minimum lot sizes for various agricultural uses, of between 2.0 and 4.0 hectares, and single detached
dwellings on lots in the A/RU Zone, of 0.4 hectares.
On this basis, the application is considered to comply with the provisions of the Zoning By -Law.
CONSULTATIONS:
Public Works Department
Building Department
Engineering Department
Nottawasaga Valley Conservation Authority- NVCA is in support of the application
ATTACHMENTS:
Schedule #1- Location Map
Schedule #2- Context Map
Schedule #3- Application Drawing
Development Services Meeting Date July 15, 2010
Application No. 2010 -B -23 Page 3 of 7
Page 100 of 163
CONCLUSION:
5i) 2010 -B -23 Michael and Katherine Vandergeest
2555 Dun...
It is the opinion of the Planning Department, that Consent application 2010 -B -23, for a boundary
adjustment, would appear to conform to the general intent of the Official Plans of the Township and
the County of Simcoe, as well as the Provincial Policy Statement, and maintains the use and setback
provisions of the Zoning By -law.
Respectfully submitted: Reviewed by:
Alan Wiebe
Planner
Glenn White, MCIP RPP
Manager, Planning Services
Development Services Meeting Date July 15, 2010
Application No. 2010 -B -23 Page 4 of 7
Page 101 of 163
Proposed Lands to be Enhanced
Subject Lands
SCHEDULE 1: LOCATION MAP
(2010 -B -23 Michael and Katherine Vandergeest)
FOXMEAD ROAD
5i) 2010 -B -23 Michael and Katherine Vandergeest
2555 Dun...
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Development Services Meeting Date July 15, 2010
Application No. 2010 -B -23 Page 5 of 7
Page 102 of 163
Proposed Lands to be Retained
Proposed Lands to be Conveyed
I
Proposed Lands to be Enhanced.
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5i) 2010 -B -23 Michael and Katherine Vandergeest
2555 Dun...
SCHEDULE 2: CONTEXT MAP
(2010 -B -23 Michael and Katherine Vandergeest)
0 60 120 240
=Meters
Development Services Meeting Date July 15, 2010
Application No. 2010 -B -23 Page 6 of 7
Page 103 of 163
SCHEDULE 3: APPLICATION DRAWING
(2010 -B -23 Michael and Katherine Vandergeest)
5i) 2010 -B -23 Michael and Katherine Vandergeest
2555 Dun...
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Development Services Meeting Date July 15, 2010
Application No. 2010 -B -23 Page 7 of 7
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Page 104 of 163
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Municipalities
Adiala- Tosorontio
Amaranth
Barrie
The Blue Mountains
Bradford -West Gwillimbury
Clearview
Colhngwood
Essa
Grey Highlands
Innisfil
Melancthon
Mono
Mulmur
New Tecumseth
Oro Medonte
Shelburne
Spdngwater
Wasaga Beach
Watershed
Counties
Dufferin
Grey
Simcoe
Member of
Conservation
ONTARIO
July 7, 2010
Dear Mr. Farquharson;
5i) 2010 -B -23 Michael and Katherine Vandergeest
2555 Dun...
Steven Farquharson, Secretary- Treasurer
Committee of Adjustment
Township of Oro Medonte
P.O. Box 100
Oro, Ontario
LOL 2X0
Re: Application for Consent 2010 -B -23
Part Lot 13, Concession 14
Township of Oro Medonte (Formerly Township of Medonte)
The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this
application for consent which would facilitate a boundary adjustment. Based
upon our mandate and policies under the Conservation Authorities Act, we
have no objection to its approval.
The NVCA is in support of this application as the existing lot to which lands
will be conveyed is low lying and flood susceptible. With the addition of
lands through this boundary adjustment, there is higher ground on the
enhanced lot where future development could occur outside of the
floodplain. We advise any driveway entrance to this larger lot should be
located at the extreme southern limits of the property to limit encroachment
into the floodplain. This vacant lot is under the regulatory jurisdiction of the
NVCA whereby a permit is required under the Conservation Authorities Act
prior to any development. Through the permit process, development shall
generally be directed away from environmental features such as
watercourses and floodplains.
Thank you for circulating this application for our review and please forward
a copy of any decision.
Sincerely,
Tim Salkeld
Resource Planner
Celebrating 50 Years in Conservation 1960 -2010
NOTTAWASAGA VALLEY CONSERVATION AUTHORITY Centre for Conservation
John Hix Conservation Administration Centre Tiffin Conservation Area 8195 8th Line Utopia. On LOM 1TO
Telephone: 705.424.1479 Fax: 705.424.2115 Web: www.nvca.on.ca Email: admin@nvca.on.ca
Page 105 of 163
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Page 107 of 163
2010 -B -23 VanderGeest
Lands Proposed to be Enhanced
5i) 2010-B-23 Michael and Katherine Vandergeest
2555 Dun...
Page 109 of 163
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Application No:
2010 -A -24
Meeting Date:
July 15, 2010
Roll
4346- 020 004 -06002
REQUIRED CONDITIONS:
BACKGROUND:
TOWNSHIP OF ORO- MEDONTE
REPORT
To: Committee of Adjustment
Subject: Variance Application
(Duane Van Dixhoorn)
Lot 9, Concession 13
2A Conder Drive
(Former Township of Medonte)
5j) 2010 -A -24 Duane Van Dixhoorn
2A Conder Drive, Lot 9,...
Prepared By:
Alan Wiebe, Planner
Motion
R.M.S. File
D13- 040619
The following conditions are required to be imposed on the Committee's decision:
1. That notwithstanding Section 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 5.1 of the
Zoning By -law;
2. 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;
3. That an Ontario Land Surveyor provide verification to the Township of compliance with the
Committee's decision by verifying in writing that the height of the detached accessory structure
not exceed approximately 5.99 metres;
4. That the appropriate zoning certificate and building permit be obtained from the Township only
after the Committee's decision becomes final and binding, as provided for within the Planning
Act R.S.O. 1990, c.P. 13.
The purpose of this report is to consider a Variance Application 2010 -A -24, for relief from the
Township's Comprehensive Zoning By -law in relation to increasing the maximum height of a
detached accessory building.
The subject property has frontages of approximately 30.58 metres on Highway 12 and of
approximately 67.06 metres along Conder Drive, and has a lot area of approximately 0.2 hectares
(approximately 0.49 acres). The property contains a single detached dwelling, built in the year 2000,
and is surrounded to the east, north, and west by parcels of land also zoned Agricultural /Rural Zone,
and to the south by parcels of land zoned Rural Residential Two (RUR2) Zone. The applicant is
proposing the construct a two- storey detached garage occupying a floor area of less than 100 square
Development Services Meeting Date July 15, 2010
Application No. 2010 -A -24 Page 1 of 5
Page 110 of 163
metres, and standing approximately 5.99 metres high, to be located between the existing dwelling
and the rear lot line on the property.
ANALYSIS:
5j) 2010 -A -24 Duane Van Dixhoorn
2A Conder Drive, Lot 9,...
The applicant is proposing to construct a two- storey detached accessory building with a height of 5.99
metres. The property is zoned Agricultural /Rural (A/RU) Zone. The applicant is requesting the
following relief from Section 5.1.4 of Zoning By -law 97 -95:
Section 5.1.4 Maximum Height:
FINANCIAL:
Required Proposed
4.5 metres 5.99 metres
Not applicable.
POLICIES /LEGISLATION:
Does the variance conform to the general intent of the Official Plan?
The property is designated Rural Residential in the Official Plan. Section C4.2 of the Plan states that
"[permitted] uses on lands designated Rural Residential are single detached dwellings
Therefore, the construction of a detached accessory building would be considered a permitted use.
On this basis, the proposal is considered to conform with the general 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. Permitted uses in the A/RU
Zone include single detached dwellings and accessory buildings, such as garages. The purpose of a
maximum height for detached accessory buildings being established is to regulate the maximum
elevation and visual dominance of a detached accessory building or structure to ensure that it
remains clearly secondary to the main building on the property, and that its use remains clearly
secondary to the main use on the property.
The detached accessory building is proposed to stand approximately 5.99 metres high, between the
existing dwelling on the subject property and a vegetative buffer along the rear lot line of the subject
property.
On this basis, the proposal is considered to conform with the general intent of the Zoning By -Law.
Is the variance appropriate for the desirable development of the lot?
A site inspection and observations of buildings and structures on nearby properties revealed that the
proposed detached accessory building would appear to be in keeping with the character of detached
accessory buildings in the residential area near the subject property.
Development Services Meeting Date July 15, 2010
Application No. 2010 -A -24 Page 2 of 5
Page 111 of 163
On this basis, the proposal is considered appropriate for the desirable development of the lot.
Is the variance minor?
As this application is considered to conform with the general intent of the Official Plan and Zoning By-
Law, is considered appropriate for the desirable development of the lot, and is not anticipated to have
an adverse affect on the character of the surrounding residential area, the proposed variance is
considered to be minor.
CONSULTATIONS:
Transportation and Environmental Services
Building Department
Engineering Department
Nottawasaga Valley Conservation Authority (NVCA)
ATTACHMENTS:
Schedule 1: Location Map
Schedule 2: Exterior Elevations
CONCLUSION:
In the opinion of the Planning Department, Variance Application 2010 -A -24, to increase the maximum
height of a detached accessory building from the maximum of 4.5 metres, to approximately 5.99
metres, appears to meet the four tests of the Planning Act.
Respectfully submitted:
AAA ti
Alan Wiebe
Planner
Development Services
Application No. 2010 -A -24
5j) 2010 -A -24 Duane Van Dixhoorn
2A Conder Drive, Lot 9,...
Reviewed by:
Glenn White, MCIP, RPP
Manager, Planning Services
Meeting Date July 15, 2010
Page 3 of 5
Page 112 of 163
Development Services
Application No. 2010 -A -24
SUBJECT LANDS BEII G2A CON DER DRIVE
i 7
SCHEDULE 1: LOCATION MAP
2010 -A -24 (Duane Van Dixhoorn)
5j) 2010 -A -24 Duane Van Dixhoorn
2A Conder Drive, Lot 9,...
510 2 1 30 44
X47 I���s
Meeting Date July 15, 2010
Page 4 of 5
Page 113 of 163
SCHEDULE 2: EXTERIOR ELEVATIONS
2010-A-24 (Duane Van Dixhoorn)
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5j) 2010-A-24 Duane Van Dixhoorn
2A Conder Drive, Lot 9,...
SECTION
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Development Services Meeting Date July 15, 2010
Application No. 2010-A-24 Page 5 of 5
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Page 114 of 163
DRAWING LIST
A 1.0 PLAN -SITE
A2.0 PLAN FOUNDATION
PLAN -MAIN LEVEL
A3.0 ELEVATION SOUTH
ELEVATION -EAST
A3.1 ELEVATION -NORTH
ELEVATION -WEST
A 4.0 SECTION
A 5.0 GENERAL NOTES
PART of LOT 9 CONN. 13
PART 2, 51R-17645
TOWNSHIP of ORO- MEDONiE
NOTE:
THIS PLAN IS DERIVED FROM A
SURVEYORS REAL PROPERTY
REPORT
by
MUNEICE, HARVEY, DAMICO
0.1.8. FILE0115ME
(705) 326-2360
PROPOSED USE
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EXT SD YD 7.5m 13.42m
RR YD 2.0m 3.50m
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CONDOR DRIVE
LOT AREA 2032 22 sq m 100.0%
COVERAGE
EXIST HOUSE N/A
EXIST DECK N/A
NEW ACCESSORY BUILDING
PROVIDED 70.81 sq m 3.5%
REQUIRED MAX 5.0%
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SURVEYORS REAL PROPERT
REPORT
by
McNEICE, HARVEY, D'AMICO
0.L.S. FILE0115ME
(705) 326 -2360
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RR YD 2.0m 3.50m
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COVERAGE
EXIST HOUSE N/A
EXIST DECK N/A
NEW ACCESSORY BUILDING
PROVDED 70.81 sq m 3.5%
REQUIRED MAX 5.0%
FLOOR AREA
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2A Conder Drive, Lot 9,...
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2A Conder Drive, Lot 9,...
Page 124 of 163
2010 -A -24 ;Van Dixhoorn)
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2A Conder Drive, Lot 9,...
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2A Conder Drive, Lot 9,...
Page 127 of 163
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2A Conder Drive, Lot 9,...
Page 129 of 163
2010 -A -24 (Van Dixhoorn;
Detached Accessory Building on Nearby Property
2010 -A -24 "Van Dixhoorn'
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Application No:
2010 -A -25
Meeting Date:
July 15, 2010
BACKGROUND:
ANALYSIS:
Roll
4346- 010 -005 -06700
REQUIRED CONDITIONS:
TOWNSHIP OF ORO- MEDONTE
REPORT
To: Committee of Adjustment
5k) 2010 -A -25 Robert and Patricia Ryersee
2863 Line 11 N...
Subject: Variance Application
(Robert Patricia Ryersee)
Lot 3, Concession 12
2863 Line 11 North
(Former Township of Medonte)
Prepared By:
Alan Wiebe, Planner
Motion
R.M.S. File
013 -40620
The following conditions are required to be imposed on the Committee's decision:
1. That the setbacks be in conformity with the dimensions as set out on the application and
sketches submitted and approved by the Committee;
2. That a permit be obtained from the Nottawasaga Valley Conservation Authority under the
Conservation Authorities Act.
3. That the appropriate zoning certificate and building permit be obtained from the Township only
after the Committee's decision becomes final and binding, as provided by the Planning Act
R.S.O. 1990, c.P. 13.
The purpose of this report is to consider a Variance Application 2010 -A -25, for relief from the
Township's Comprehensive Zoning By -law in relation to reducing the minimum required setback from
the Environmental Protection (EP) Zone for a proposed detached accessory building. The applicant
is proposing to construct a detached accessory building for outdoor storage of 7.9 metres (26 feet) in
width, 10.4 metres (34 feet) in depth, and occupying an area of 82 square metres (884 square feet).
The accessory building is proposed to be located approximately 17 metres (56 feet) from the dwelling
on the property, and approximately 40 metres (130 feet) and 365 metres (1,200 feet), respectively,
from the interior side lot lines of the property.
The applicant is proposing to construct a detached accessory building on a portion of the subject
property that is located within the Environmental Protection (EP) Zone. The applicant is requesting the
following relief from Section 5.28 of Zoning By -law 97 -95:
Development Services Meeting Date July 15, 2010
Application No. 2010 -A -25 Page 1 of 7
Page 132 of 163
5k) 2010 -A -25 Robert and Patricia Ryersee
2863 Line 11 N...
(Reauiredl (Proposedl
Section 5.28 Setbacks from Limits of EP Zone 30 Metres (98.4 feet) 0 metres (0 feet)
FINANCIAL:
Not applicable.
POLICIES /LEGISLATION:
Does the variance conform to the general intent of the Official Plan?
The property is designated Oro Moraine Core /Corridor Area in the Official Plan. Section B1.10.1.1 of
the Official Plan states that the objectives of this designation are to:
"a) restrict development in the most sensitive area of the Oro Moraine;
b) encourage the retention and enhancement of the natural heritage features and functions in
the natural core area;
c) maintain and where possible, improve and restore linkages between significant natural
heritage features to facilitate the movement of plants and animals; and,
d) restrict development in the Oro Moraine Natural Corridor Area that would have a negative
impact on significant natural features and their ecological functions on lands within the Oro
Moraine Natural Core Area designation."
Section B1.10.1.3 of the Official Plan states that permitted uses in this designation include single
detached dwellings and accessory uses on existing lots and section 81.10.1.4 e) of the Official
Plan states that "[the] development of buildings or structures is not permitted on lands within a
Provincially Significant wetland or Provincially Significant Area of Natural and Scientific Interest
shown on Schedule B."
The Nottawasaga Valley Conservation Authority (NVCA) has considered the subject application, and
has advised that it "no objection to the approval of this application subject to the condition that a
permit be obtained from the [NVCA], under the Conservation Authorities Act." Therefore, such a
condition is recommended to be included in the Committee's decision on this application. Further, the
NVCA has advised that it will be seeking to limit the removal of any further vegetation and the
placement of fill around the proposed accessory building, and will also seek the environmental
enhancement of the area near the watercourse and wetland features.
On the basis of the NVCA's comments on the subject application, and the policies of the Official Plan,
the proposal is considered to conform with the general intent of the Official Plan.
Does the variance comply with the general intent of the Zoning By -law?
The subject property is largely zoned Environmental Protection (EP) Zone, with portions in the
southwestern and northeastern corners zoned Agricultural /Rural (A/RU) Zone. The proposed
detached accessory building is proposed to be located within the Environmental Protection (EP) Zone
portion of the subject property. Permitted uses in the Environmental Protection (EP) Zone include
agricultural uses, conservation uses, and public parks, and do not include single detached dwellings.
The subject property, however, has a single detached dwelling that was constructed in approximately
Development Services Meeting Date July 15, 2010
Application No. 2010 -A -25 Page 2 of 7
Page 133 of 163
5k) 2010 -A -25 Robert and Patricia Ryersee
2863 Line 11 N...
1983, as well as a detached accessory building, both of which are located within the Environmental
Protection (EP) Zone on the property.
Section 5.28 of the Zoning By -Law requires all buildings and structures to be located a minimum of 30
metres from the boundaries of the Environmental Protection (EP) Zone. The purpose of the setback
from the Environmental Protection (EP) Zone include:
to maintain and enhance the ecological integrity of the natural heritage system;
to ensure that development does not occur on lands that area unstable or susceptible to
flooding; and
to ensure that development does not occur on hazardous slopes.
A site inspection revealed that the proposed location of the accessory building is surrounded by
gentle slopes with natural vegetation. The immediate area proposed for the construction of the
detached accessory building, however, was clear of vegetation. Further, as stated above, the NVCA
has advised that it has no objection to the approval of the application, subject to the condition
previously noted.
On the basis of the use of this portion of the property, for a single detached dwelling, existing since
prior to the current Zoning By -Law (97 -95), and on the basis of the NVCA not objecting to the subject
application, the proposal is considered to confirm with the general intent of the Zoning By -Law.
Is the variance appropriate for the desirable development of the lot?
Based on the above, the application to reduce the required setback from the limits of the
Environmental Protection (EP) Zone, to permit the construction of an accessory building within the
Environmental Protection (EP) Zone, appears to be appropriate for the desirable development of the
lot.
Is the variance minor?
As this application is not anticipated to have an adverse affect on the character of the surrounding
environmental features, based on comments from the NVCA, the proposed variance is considered to
be minor.
CONSULTATIONS:
Transportation and Environmental Services
Building Department
Engineering Department
Nottawasaga Valley Conservation Authority (NVCA) The NVCA has no objection to the approval of
this application subject to the following condition, that a permit be obtained from the NVCA under the
Conservation Authorities Act
Development Services Meeting Date July 15, 2010
Application No. 2010 -A -25 Page 3 of 7
Page 134 of 163
ATTACHMENTS:
Schedule 1: Location Map
Schedule 2: Context Map
Schedule 3: Site Plan
CONCLUSION:
In the opinion of the Planning Department, Variance Application 2010 -A -25, to reduce the required
setback from the limits of the Environmental Protection (EP) Zone for a detached accessory building,
from 30 metres to 0 metres, appears to meet the four tests of the Planning Act.
Respectfully submitted:
Alan Wiebe
Planner
5k) 2010 -A -25 Robert and Patricia Ryersee
2863 Line 11 N...
Reviewed by:
Glenn White, MCIP, RPP
Manager, Planning Services
Development Services Meeting Date July 15, 2010
Application No. 2010 -A -25 Page 4 of 7
Page 135 of 163
E
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t ANDS SUBJECT TO MINOR VAR 4s10E
5k) 2010 -A -25 Robert and Patricia Ryersee
2863 Line 11 N...
SCHEDULE 1: LOCATION MAP
2010 -A -25 (Robert and Patricia Ryersee)
HORSESHOE VALLEY ROAD
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Meters
Development Services Meeting Date July 15, 2010
Application No. 2010 -A -25 Page 5 of 7
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Page 136 of 163
i.W.j ENVIRONMENTAL PROTECTION (EP) ZONE
PROPOSED ACCE'SORY BUILDING LOCATION
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Development Services
Application No. 2010 -A -25
5k) 2010 -A -25 Robert and Patricia Ryersee
2863 Line 11 N...
SCHEDULE 2: CONTEXT MAP
2010 -A -25 (Robert and Patricia Ryersee)
Meeting Date July 15, 2010
Page 6 of 7
Page 137 of 163
Development Services
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5k) 2010 -A -25 Robert and Patricia Ryersee
2863 Line 11 N...
Meeting Date July 15, 2010
Application No. 201 0 -A -25 Page 7 of 7
Page 138 of 163
Member
Municipalities
Adjala- Tosarontia
Amaranth
Barrie
The Blue Mountains
Bradford -West Gwillimbury
Clearview
Coningwood
Essa
Grey Highlands
Innisfil
Melancthon
Mono
Mulmur
New Tecumseth
Oro Medonte
Shelburne
Springwater
Wasaga Beach
Duffenn
Grey
Simcoe
Member of
Conservation
ONTARIO
July 7, 2010
Steven Farquharson, Secretary- Treasurer
Committee of Adjustment
Township of Oro Medonte
P.O. Box 100
Oro, Ontario, LOL 2X0
Dear Mr. Farquharson;
5k) 2010 -A -25 Robert and Patricia Ryersee
2863 Line 11 N...
Re: Application for Consent 2010 -A -25
Part Lot 3, Concession 12
Township of Oro Medonte (Formerly Township of Oro)
The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this
application for minor variance in accordance with regulations established
under the Conservation Authorities Act and our mandate for the
conservation, restoration, development and management of natural
resources.
The NVCA has no objection to the approval of this application subject to the
following condition:
That a permit be obtained from the Nottawasaga Valley
Conservation Authority under the Conservation Authorities Act.
The NVCA generally advocates minimum 30 metre setbacks from
environmental features such as watercourses and wetlands. While we
believe this setback may be unobtainable, the site for the proposed garage
is generally disturbed with limited tree cover. Through the permit process,
the NVCA will be (among other things) limiting any further vegetation
removal and fill placement around the proposed storage building. Based
upon a site inspection July 6, 2010, the NVCA believes there is also an
opportunity for environmental enhancement through the clean -up of debris
and garbage nearby the watercourse and associated wetland features.
Watershed Thank you for circulating this application for our review and please forward
Counties a copy of any decision.
Sincerely,
Tim Salkeld
Resource Planner
Celebrating 50 Years in Conservation 1960 -2010
NOTTAWASAGA VALLEY CONSERVATION AUTHORITY Centre for Conservation
John Hix Conservation Administration Centre Tiffin Conservation Area 8195 8th Line Utopia, On LOM 1TO
Telephone: 705.424.1479 Fax: 705.424.2115 Web: www.nvca.on.ca Email: admin @nvca.on.ca
Page 139 of 163
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Page 142 of 163
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Page 144 of 163
5k)- 20104\
Page 145 of 16
Pro th,*. Euuinp Furn,
Application No:
2010 -A -26
Meeting Date:
July 15, 2010
Roll
4346- 010 009 -39804
REQUIRED CONDITIONS:
BACKGROUND:
ANALYSIS:
TOWNSHIP OF ORO- MEDONTE
REPORT
To: Committee of Adjustment
Subject: Variance Application
(Tony and Kristin Clemente)
Lot 26, Concession 7,
51 R -36302 Part 2
22 Lakeshore Road West
51) 2010 -A -26 Tony and Kristin Clemente
22 Lakeshore Roa...
Prepared By:
Steven Farquharson,
Intermediate Planner
Motion
R.M.S. File
D13 -40621
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 6.0 metres from the front lot line.
2. That the proposed detached garage be located no closer than approximately 6.0 metres from
the front lot line, Lakeshore Road West, in accordance with the sketch submitted with the
application;
3. That the proposed detached garage comply with all other provisions for Detached Accessory
Buildings, as listed in Section 5.1 of Zoning By -law 97 -95;
4. That the appropriate zoning certificate and building permit be obtained from the Township only
after the Committee's decision becomes final and binding, as provided for within the Planning
Act R.S.O. 1990, c. P. 13.
5. That the applicant obtain any permits and /or approvals, if required, from Lake Simcoe Region
Conservation Authority, if applicable
6. That the setbacks be in conformity with the dimensions as set out on the application and
sketches submitted and approved by the Committee;
The purpose of this report is to consider a Variance Application 2010 -A -26, for relief from the
Township's Comprehensive Zoning By -law in relation to reducing the minimum required interior side
yard setback provision in the Shoreline Residential (SR) Zone.
The applicant is proposing to construct a detached accessory building, to have an area of 37 square
metres. The applicant is requesting the following relief from Zoning By -law 97 -95:
Development Services Meeting Date July 15, 2010
Application No. 2010-A-26 Page 1 of 6
Page 146 of 163
FINANCIAL:
Not applicable.
POLICIES /LEGISLATION:
Does the variance conform to the general intent of the Offlcial Plan?
51) 2010 -A -26 Tony and Kristin Clemente
22 Lakeshore Roa...
1. Section 5.1.3 Permitted locations for detached accessory buildings and structures in all
zones
a) Not be located in the front yard, notwithstanding this provision, a detached private garage is
permitted in the front yard of a lot that abuts Lake Simcoe...provided it is set back a
minimum distance equal to the required front yard for the main building from the front lot
line (being 7.5 metres in the Shoreline Residential (SR) Zone) PROPOSED to be located
6.0 metres from the front lot line.
The property is designated Shoreline in the Official Plan. Section C5.2 of the Plan states that
"permitted uses on lands designated Shoreline...are single detached dwellings (and accessory
buildings to such] Therefore, the proposed detached garage would be considered a permitted use.
On this basis, the proposal is considered to conform with the intent of the Official Plan.
Does the variance comply with the general intent of the Zoning By -law?
The subject property is zoned Shoreline Residential (SR) Zone. Permitted uses in the SR Zone
include single detached dwellings and accessory buildings, such as garages and storage sheds.
The location of the proposed garage would appear to meet the required rear and interior side yard
setbacks, along with the prescribed building height and floor area provisions. In addition, the setback
from the garage to other structures on the property, including the dwelling, will be maintained. The
proposed location of the garage is 6.0 metres from the front lot line which is well away from the
travelled portion of the road. Further, the garage is situated in an area which will not hinder access to
the rear or side yards of the property, including access to components of the septic system.
Therefore, the variance is considered to comply with the general intent of the Zoning By -law.
Is the variance appropriate for the desirable development of the lot?
The applicant's lot is a relatively large residential property, and the proposed garage would appear to
be compatible with the character of the lot, as the garage location is in keeping with the overall
orientation of the dwelling unit. As well, because the garage meets all other detached accessory
building provisions, particularly height and floor area, the structure will clearly be secondary to the
primary function of the property, being for a dwelling unit.
The locations on the property for the proposed garage are limited by the location of the dwelling and
its setbacks to the interior side lot lines. Therefore, it can be determined that the proposed location of
the garage in the front yard is the best location on the property.
On this basis, the proposal is considered appropriate for the desirable development of the lot.
Development Services Meeting Date July 15, 2010
Application No. 2010 -A -26 Page 2 of 6
Page 147 of 163
CONSULTATIONS:
Transportation and Environmental Services
Building Department
Engineering Department
Lake Simcoe Conservation Authority-
ATTACHMENTS:
Schedule 1: Location Map
Schedule 2: Site Plan
Schedule 3: Building Elevation
CONCLUSION:
Respectfully submitted:
51) 2010 -A -26 Tony and Kristin Clemente
22 Lakeshore Roa...
Is the variance minor?
As this application is not anticipated to have an adverse affect on the character of the surrounding
residential area, and the neighboring dwellings, the proposed variance is considered to be minor.
In the opinion of the Planning Department, Variance Application 2010 -A -26, to construct an accessory
building in the front yard, appears to meet the four tests of the Planning Act.
Reviewed by:
Steven arqu arson, B.URPL Glenn White, MCIP, RPP
Intermediate Planner
Manager, Planning Services
Development Services Meeting Date July 15, 2010
Application No. 2010 -A -26 Page 3 of 6
Page 148 of 163
LANDS SUBJECT TO MINOR VARIANCE
51) 2010 -A -26 Tony and Kristin Clemente
22 Lakeshore Roa...
SCHEDULE 1: LOCATION MAP
2010 26 (Clemente)
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Development Services Meeting Date July 15, 2010
Application No. 2010 -A -26 Page 4 of 6
Page 149 of 163
Development Services
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51) 2010 -A -26 Tony and Kristin Clemente
22 Lakeshore Roa...
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Meeting Date July 15, 2010
Application No. 2010 -A -26 Page 5 of 6
Page 150 of 163
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51) 2010 -A -26 Tony and Kristin Clemente
22 Lakeshore Roa...
SCHEDULE 3: BUILDING ELEVATION
2010 26 (Clemente)
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Development Services Meeting Date July 15, 2010
Application No. 2010 -A -26 Page 6 of 6
I
Page 151 of 163
51) 2010 -A -26 Tony and Kristin Clemente
22 Lakeshore Roa...
Page 152 of 163
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51) 2010 -A -26 Tony and Kristin Clemente
22 Lakeshore Roa...
Page 153 of 163
2010 -A -26 "C emente'
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Application No:
2010 -A -27
Meeting Date:
July 15, 2010
Roll
4346- 030 012 -12300
REQUIRED CONDITIONS:
BACKGROUND:
ANALYSIS:
FINANCIAL:
Not applicable.
POLICIES /LEGISLATION:
Township of Oro Medonte Official Plan?
TOWNSHIP OF ORO- MEDONTE
REPORT
To: Committee of Adjustment
Subject: Variance Application
(Brian Sirbovan)
Plan 780, Lot 114
237 Eight Mile Point Road
(Former Township of Oro)
5m) 2010 -A -27 Brian Sirbovan
237 Eight Mile Point Road,
Prepared By:
Alan Wiebe, Planner
Motion
R.M.S. File
D13 -40654
The purpose of this report is to consider a Variance Application 2010 -A -27, for relief from the
Township's Comprehensive Zoning By -law in relation to reducing the minimum required setback from
the average high water mark of Lake Simcoe for buildings and structures.
The applicant is proposing to demolish the existing single detached dwelling and attached deck on the
subject property, located 20.0 metres and 15.6 metres from Lake Simcoe, respectively, and reconstruct
the dwelling and deck at 20.1 and 15.8 metres from Lake Simcoe, respectively (per Schedule 2). The
Application for Minor Variance, however, requests a reduction in the required setback from the average
high water mark of Lake Simcoe, of 15 metres. This discrepancy appears to be the result of a
proposed margin of error being sought in the construction of the proposed deck.
The property is zoned Shoreline Residential Zone with Exception 2 (SR*2). The applicant is requesting
the following relief from Table B1 of Zoning By -law 97 -95, for the construction of the deck on the subject
property:
Section 5.31— Setback from Average High Water Mark of Lake Simcoe: 20 metres 15 metres
The property is designated Shoreline in the Official Plan.
Reauired Proposed
Development Services Meeting Date July 15, 2010
Application No. 2010 -A -27 Page 1 of 4
Page 156 of 163
Township of Oro Medonte Comprehensive Zoning By -law 97 -95
The subject property is located in the Shoreline Residential Zone with Exception 2 (SR" 2).
CONSULTATIONS:
Transportation and Environmental Services
Building Department
Engineering Department
Lake Simcoe Conservation Authority-
ATTACHMENTS:
Schedule 1: Location Map
Schedule 2: Site Plan
CONCLUSION:
In the opinion of the Planning Department, Variance Application 2010 -A -27, to reduce the required
setback from Lake Simcoe from 20 metres to 15 metres, be deferred pending the receipt of
comments from the Lake Simcoe Region Conservation Authority (LSRCA) on the subject application.
Subsection 3(9)5 of Ontario Regulation 200/96 requires the Notice of Hearing for minor variance
applications within a conservation authority's jurisdiction to be circulated to the appropriate
conservation authority. In the case of the subject application, the majority of the property is located in
the area regulated by the LSRCA. Therefore, to allow for a complete evaluation of the subject
application, including any potential impacts on the environmental features on the subject property, it is
the Planning Department's opinion that Application 2010 -A -27 be deferred to the August Committee
of Adjustment meeting to ensure that comments are received from the LSRCA prior to
recommendations being presented to the Committee..
e�pectfuliy submitted:
#4z/i
Alan Wiebe
Planner
Reviewed by:
5m) 2010 -A -27 Brian Sirbovan
237 Eight Mile Point Road,
Glenn White, MCIP, RPP
Manager, Planning Services
Development Services Meeting Date July 15, 2010
Application No. 2010 -A -27 Page 2 of 4
Page 157 of 163
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Development Services
Application No. 2010 -A -27
SUBJECT LANDS
237 EIGHT MILE POINT ROAD r
SCHEDULE 1: LOCATION MAP
2010 -A -27 (Brian Sirbovan)
5m) 2010 -A -27 Brian Sirbovan
237 Eight Mile Point Road,
90 120
Meters
Meeting Date July 15, 2010
Page 3 of 4
Page 158 of 163
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Page 159 of 163
2010 -A -27 (Sirbovan;
Proposed Area of Deck
Setback from Lake Simcoe
2010 -A -27 (Sirbovan)
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2010 -A -27 (Sirbovan,
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Page 163 of 163