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08 19 2010 C of A AgendaPage 3 -15 16 -35 36 -37 38 -61 62 -93 94 -110 111 -140 f) To o f�� /r/' Proud Heritage, Exciting FutureExciting Future 1. OPENING OF THE MEETING BY THE CHAIR 2. ADOPTION OF AGENDA a) Motion to Adopt the Agenda. 3. DISCLOSURE OF PECUNIARY INTEREST 4. ADOPTION OF MINUTES a) Minutes of Committee of Adjustment of meeting held on July 15, 2010. 5. PUBLIC MEETINGS: a) 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. b) 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. c) 2010 -B -25 David and Sylvia Beard 872 Horseshoe Valley Road East, Concession 11, West 1 /2 Lot 1 (Former Township of Medonte) Technical severance to create a lot which once existed as a separate parcel of land. d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Road West, Part of Lot 11, Concession 5 Create a new lot. e) 2010 -A -28 Jesse McKerroll 3225 Line 7 North, Part Lot 1, Concession 8 Relief from minimum setback from front lot line for agricultural buildings. 2010 -A -29 James Rogers 79 Stanley Avenue, Plan 626, Lot 105 Relief from minimum exterior side yard, minimum interior side yard, minimum rear yard and minimum first storey floor area. 6. NEW BUSINESS: None. THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING AGENDA COUNCIL CHAMBERS Thursday, August 19, 2010 9:30 a.m. Page 1 of 140 Page Committee of Adjustment Agenda Thursday, August 19, 2010. 7. NEXT MEETING DATE Thursday, September 16, 2010, 9:30 a.m. 8. ADJOURNMENT a) Motion to Adjourn. Page 2 of 140 4a) Minutes of Committee of Adjustment of meeting held on July 1... THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Present: ,÷i,eg 46 Touaalris vj ���L[o,,t& Proud Heritage, Exciting Future Thursday, July 15, 2010 Time: 9:30 a.m. Staff present: Bruce Chappell, Chair Roy Hastings Garry Potter 3. DISCLOSURE OF PECUNIARY INTEREST Lynda Aiken Michelle Lynch Steven Farquharson, Secretary Treasurer /Intermediate Planner Alan Wiebe, Planner Marie Brissette, Deputy Secretary Treasurer /Committee Coordinator 1. OPENING OF THE MEETING BY THE CHAIR Bruce Chappell assumed the Chair and called the meeting to order. 2. ADOPTION OF AGENDA a) Motion to adopt the agenda. Motion No. CA100715 -1 Moved by Aiken, Seconded by Hastings It is recommended that the Committee of Adjustment agenda for Thursday, July 15, 2010 be received and adopted. Carried. Member Lynch declared a conflict of interest on Item 5k) 2010 -A -25 Robert and Patricia Ryersee as the applicants are immediate neighbours. Member Lynch left the table and did not participate in any discussion or vote on this item. 4. ADOPTION OF MINUTES a) Adoption of minutes of meeting held on Thursday, June 17, 2010. Motion No. CA100715 -2 Moved by Aiken, Seconded by Lynch It is recommended that the minutes of the Committee of Adjustment meeting held on Thursday, June 17, 2010 be adopted as printed and circulated. Carried. Page 1 of 13 Page 3 of 140 4a) Minutes of Committee of Adjustment of meeting held on July 1... Committee of Adjustment Minutes Thursday, July 15, 2010 5. PUBLIC MEETINGS: 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. Cameron Sellers, agent, was present. Suzanne Dupuis, neighbour, noted her support for the application as it suited the neighbourhood. Motion No. CA100715 -3 Moved by Lynch, Seconded by Aiken It is recommended that the Committee of Adjustment grants provisional approval for Consent Application 2010 -B -04, being for the conveyance of approximately 20 metres of frontage along 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), subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 2. That the severed lands be merged in title with 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 applicant's solicitor provides an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That the applicant obtains any approvals from the County of Simcoe; 6. That the applicant applies 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; 9. And That Variance Application 2010 -A -08 be approved. Carried. Page 2 of 13 Page 4 of 140 4a) Minutes of Committee of Adjustment of meeting held on July 1... Committee of Adjustment Minutes Thursday, July 15, 2010 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. Cameron Sellers, agent, was present. Suzanne Dupuis, neighbour, noted her support for the application as it suited the neighbourhood. Motion No. CA100715 -4 Moved by Lynch, Seconded by Aiken It is recommended that the Committee of Adjustment grants Variance Application 2010 A-08, being for relief from the Township's Comprehensive Zoning By -law in relation to reducing the minimum required lot frontage and lot area provision in the SR Zone, subject to the following condition: 1. That the minimum lot area for the retained lands (2010 -B -04) be no less than 0.15 hectares and the minimum lot frontage be no less than 23 metres. Doug and Lynda Crawford, applicants, and Shirley Partridge, agent, were present. Motion No. CA100715 -5 Moved by Lynch, Seconded by Aiken Carried. 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. It is recommended that the Committee of Adjustment defers Consent Application 2010- B -07 (Revised) in order to allow the applicants to be in discussion with the County of Simcoe in regards to the entrance, and for the Lake Simcoe Region Conservation Authority to comment. Carried. Page 3 of 13 Page 5 of 140 4a) Minutes of Committee of Adjustment of meeting held on July 1... Committee of Adjustment Minutes Thursday, July 15, 2010 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. James Partridge, applicant, and Shirley Partridge, agent, were present. Steve Howcraft noted his support for the application. Motion No. CA100715 6 Moved by Aiken, Seconded by Hastings It is recommended that that the Committee of Adjustment grants provisional approval to Consent Application 2010 -B -18, being for a technical severance to recreate a lot which once existed as a separate parcel of land. The lands proposed to be severed would have a 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), subject to the following conditions: 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 pays $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. 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 4 of 13 Page 6 of 140 4a) Minutes of Committee of Adjustment of meeting held on July 1... Committee of Adjustment Minutes Thursday, July 15, 2010 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. Daniel Lambert, applicant, and Wayne Lambert were present. Chris Iles, neighbour, noted his support for the application. Motion No. CA100715 -7 Moved by Hastings, Seconded by Potter It is recommended that the Committee of Adjustment defers Consent Application 2010- B -21 in order to obtain comments from the Lake Simcoe Region Conservation Authority. Carried. 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. Daniel Lambert, applicant, and Wayne Lambert were present. Chris Iles, neighbour, noted his support for the application. Motion No. CA100715 -8 Moved by Aiken, Seconded by Lynch It is recommended that the Committee of Adjustment defers Variance Application 2010 A-21 to obtain comments from the Lake Simcoe Region Conservation Authority. Carried. Page 5 of 13 Page 7 of 140 4a) Minutes of Committee of Adjustment of meeting held on July 1... Committee of Adjustment Minutes Thursday, July 15, 2010 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. Paul and Suzanne Dupuis, applicants, were present. Chris Meissner and Eric Cole, neighbours, noted their objection the application, due to restrictions within a covenant registered on title to the property. The Committee received correspondence dated July 15, 2010 from Klaus Jacoby supporting the application. Motion No. CA100715 -9 Moved by Hastings, Seconded by Aiken It is recommended that the Committee of Adjustment grants provisional approval to Application 2010 -B -22, being 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, subject to the following conditions: 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 applicants pay 2,000.00 for each lot created as cash -in -lieu of a parkland contribution; 3. That the applicants' 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; 5. That Variance Application 2010 -A -23 be approved; 6. And That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 6 of 13 Page 8 of 140 4a) Minutes of Committee of Adjustment of meeting held on July 1... Committee of Adjustment Minutes Thursday, July 15, 2010 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. Paul and Suzanne Dupuis, applicants, were present. Chris Meissner and Eric Cole, neighbours, noted their objection the application, due to restrictions within a covenant registered on title to the property. The Committee received correspondence dated July 15, 2010 from Klaus Jacoby supporting the application. Motion No. CA100715 -10 Moved by Potter, Seconded by Lynch It is recommended that the Committee of Adjustment grants Variance Application 2010 A-23, being to create a new residential lot with a total area of approximately 0.13 hectares and minimum lot frontage of approximately 22 metres onto Shanty Bay Road, subject to the following conditions: 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. And That the applicants satisfy County of Simcoe By -laws #5544 and #5604. Carried. Page 7 of 13 Page 9 of 140 4a) Minutes of Committee of Adjustment of meeting held on July 1... Committee of Adjustment Minutes Thursday, July 15, 2010 i) 2010 -B -23 Michael and Katherine Vandergeest 2555 Dunns Line, Concession 14, Part of Lot 13 (Former Township of Medonte) Boundary adjustment. Michael and Katherine Vandergeest, applicants, were present. Motion No. CA100715 -11 Moved by Potter, Seconded by Hastings It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2010 -B -23, being 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. The proposed retained lot would consist of approximately 51.8 hectares (128 acres), subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor 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 applicants' solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicants' 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 8 of 13 Page 10 of 140 4a) Minutes of Committee of Adjustment of meeting held on July 1... Committee of Adjustment Minutes Thursday, July 15, 2010 j) 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. Duane Van Dixhoorn, applicant, was present. Eric Miller, neighbour, noted his support for the application. Motion No. CA100715 -12 Moved by Lynch, Seconded by Aiken It is recommended that the Committee of Adjustment grants approval of Variance Application 2010 -A -24, being for the construction of a two- storey detached accessory building with a height of 5.99 metres, subject to the following conditions: 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 provides 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. 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 9 of 13 Page 11 of 140 4a) Minutes of Committee of Adjustment of meeting held on July 1... Committee of Adjustment Minutes Thursday, July 15, 2010 k) 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. Member Lynch declared a conflict of interest on Item 5k) 2010 -A -25 Robert and Patricia Ryersee as the applicants are immediate neighbours. Member Lynch left the table and did not participate in any discussion or vote on this item. Robert and Patricia Ryersee, applicants, were present. Motion No. CA100715 13 Moved by Hastings, Seconded by Aiken It is recommended that the Committee of Adjustment grants approval of Variance Application 2010 -A -25, being for the construction of a detached accessory building on a portion of the subject property that is located within the Environmental Protection (EP) Zone, with a 0 metre 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 a permit be obtained from the Nottawasaga Valley Conservation Authority under the Conservation Authorities Act; 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 by the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 10 of 13 Page 12 of 140 4a) Minutes of Committee of Adjustment of meeting held on July 1... Committee of Adjustment Minutes Thursday, July 15, 2010 I) 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. Tony Clemente, applicant, was present. Motion No. CA100715 -14 Moved by Lynch, Seconded by Potter It is recommended that the Committee of Adjustment grants approval of Variance Application 2010 -A -26, being for the construction of a detached accessory building in the front yard of the lot, which is to be approximately 6.0 metres from the front 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 detached 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 complies 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 applicants obtain any permits and /or approvals, if required, from Lake Simcoe Region Conservation Authority; 6. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 7. And That the entrance at the west side lot line must be removed. Carried. Page 11 of 13 Page 13 of 140 4a) Minutes of Committee of Adjustment of meeting held on July 1... Committee of Adjustment Minutes Thursday, July 15, 2010 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. Brian Sirbovan, applicant, was present. Motion No. CA100715 -15 Moved by Lynch, Seconded by Potter It is recommended that the Committee of Adjustment grants approval of Variance Application 2010 -A -27, being for the construction of a deck onto the rear of a new dwelling, with a proposed setback of 15 metres from the Average High Water Mark of Lake Simcoe, 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 that only the proposed deck be located no closer than approximately 15 metres from the average high water mark of Lake Simcoe; 2. That the setback for the proposed deck be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 3. That the applicant obtain any permits and /or approvals, if required, from Lake Simcoe Region Conservation Authority, if applicable, and that proper erosion and sediment control measures be in place prior to any site alteration; 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 by the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 12 of 13 Page 14 of 140 4a) Minutes of Committee of Adjustment of meeting held on July 1... Committee of Adjustment Minutes Thursday, July 15, 2010 6. NEW BUSINESS: None. 7. NEXT MEETING DATE Thursday, August 19, 2010 at 9:30 a.m. 8. ADJOURNMENT a) Motion to adjourn. Motion No. CA100715 -16 Moved by Aiken, Seconded by Hastings It is recommended that we do now adjourn at 1:05 p.m. Carried. Bruce Chappell, Chair Steven Farquharson, Secretary Treasurer Page 13 of 13 Page 15 of 140 Application No: 2010 -B -21 2010 -A -21 To: Committee of Adjustment Prepared By: Steven Farquharson, Intermediate Planner Meeting Date: August 19, 2010 Subject: Consent and Variance Applications (Bryan and Daniel Lambert) Lot 26, Concession 5 839 Ridge Road West (Former Township of Oro) Motion Roll 4346 010 008 -1420 R.M.S. File D10 -40622 D13 -40623 5a) 2010 -B -21 Bryan and Daniel Lambert 839 Ridge Road W... to •,u i� 9a Prowl firrienge, L•'ma ifinR Fmtr< TOWNSHIP OF ORO- MEDONTE REPORT REQUIRED CONDITIONS: I 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 lot 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 and a lot frontage of approximately 42 metres. 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 for the severed lands and lot frontage on the retained lands in the Agricultural /Rural (A/RU) Zone. The application appeared before the Committee of Adjustment at the July 15, 2010 meeting however was deferred in order to receive comments from the Lake Simcoe Region Conservation Authority (LSRCA) in regards to woodland feature south of the subject lands. Township staff have since completed a site visit with LSRCA staff, and comments have been received in regards to the environmental features south of the subject lands, and therefore it is appropriate for the application to come before the Committee for their consideration. I ANALYSIS: The purpose of application 2010 -B -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. Development Services Application No. 2010 -B -21 2010 -A -21 Meeting Date August 19, 2010 Page 1 of 6 Page 16 of 140 5a) 2010 -B -21 Bryan and Daniel Lambert 839 Ridge Road W... I FINANCIAL: i Not applicable. POLICIES /LEGISLATION: Does the Consent conform to the general intent of the Official Plan? 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 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 size of the lands to be severed is 0.7 hectares. Therefore, Consent Application 2010 -B -21 does not conform to the general intent of the Official Plan. 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 shall meet the policies of C2.3.1. Due to the application not having the required 36 hectares as required in the Township Official Plan for the creation of one residential lot, this application is considered not to meet the policy of Places to Grow. Development Services Application No. 2010 -B -21 2010 -A -21 Meeting Date August 19, 2010 Page2of6 Page 17 of 140 5a) 2010 -B -21 Bryan and Daniel Lambert 839 Ridge Road W... 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. Lake Simcoe Protection Plan In reviewing the proposed Consent and Variance Applications, The LSRCA has reviewed the Lake Simcoe Protection Plan (LSPP) to determine if the application is in conformity. Upon review of the Official Plan, an environmental feature being a "significant woodland" is located on the applicant's lands. Within the LSPP, the key natural heritage and key hydrologic feature policies apply to all areas outside of existing settlement area and outside of the Greenbelt area and Oak Ridges Moraine area. The LSPP requires through policies 6.23 -6.25 that all new development must be a minimum of 30 metres from any key natural features, or larger if determined appropriate by an evaluation. The LSPP requires that a Natural Heritage Evaluation (NHE) be completed and a revised application showing that the new lot line is a minimum 30 metres from the Significant Woodland. Therefore, the LSRCA is requesting that this application be deferred until an NHE and revised application be completed and submitted for review. I CONSULTATIONS: Transportation and Environmental Services Building Department Engineering Department County of Simcoe- Lake Simcoe Region Conservation Authority- Comments Attached I ATTACHMENTS: 1. Location Map 2. Proposed Site Plan Development Services Application No. 2010 -B -21 2010 -A -21 Meeting Date August 19, 2010 Page 3 of 6 Page 18 of 140 5a) 2010 -B -21 Bryan and Daniel Lambert 839 Ridge Road W... I 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. It is also the opinion of the Planning Department that Variance Application 2010 -A -21 does not satisfy the four test of the Planning Act. Respectfully submitted: Reviewed by: Steven Farquharson, B.URPL Intermediate Planner Manager, Planning Services Development Services Application No. 2010 -B -21 2010 -A -21 Glenn White, MCIP, RPP Meeting Date August 19, 2010 Page 4 of 6 Page 19 of 140 5a) 2010 -B -21 Bryan and Daniel Lambert 839 Ridge Road W... LANDS TO BE SEVERE) LANDS TO BE RETAINED Development Services Application No. 2010 -3-21 2010 -A -21 SCHEDULE 1: LOCATION MAP 2010 -B -21 and 2010 -A -21 (Lambert) RID GE -ROAD z. 01020 40 60 80 Meters Meeting Date August 19, 2010 Page 5 of 6 Page 20 of 140 5a) 2010 -B -21 Bryan and Daniel Lambert 839 Ridge Road W... SCHEDULE 2: PROPOSED SITE PLAN 2010 -B -21 and 2010 -A -21 (Lambert) EirARMS ISEREON air c PO' REFERK010 THE' AN vintiom THE sattnip%sT coRNge,13F LOT 2, CONCESSION,I Development Services Application No. 2010 -B -21 2010 -A -21 Meeting Date August 19, 2010 Page 6 of 6 Page 21 of 140 5a) 2010 -B -21 Bryan and Daniel Lambert 839 Ridge Road W... County of Simcoe COUNTY OF Transportation and S IMCOE Engineering 1110 Highway 26, Midhurst, Ontario LOL 1X0 Steven Farquharson Secretary- Treasurer Township of Oro Medonte 148 Line 7 South Oro, Ontario LOL 1X0 Dear Mr. Farquharson Main Line (705) 726 9300 Toll Free 1 866 893 9300 Fax (705) 727 7984 Web: simcoe.ca TRANSPORTATION AND ENGINEERING .d.. 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. 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. The County of Simcoe has no objection to the approval of the application, provided the following conditions are included: 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 22 of 140 5a) 2010 -B -21 Bryan and Daniel Lambert 839 Ridge Road W... 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 transferrea to me County. upon approval, me county wui instruct the surveyor to deposit 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. AN 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, 7 .7rportion of he County of Simcoe 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 County Comments 2 X: \Corporate Services \Planning \D Development Planning D 00 to D14 Development Correspondence \Oro- Medonte \D10 Severance D13 Variances12010 \OM -B 1021 Lambert CR 20\ County Comments July 8, 10.doc Page 23 of 140 5a) 2010 -B -21 Bryan and Daniel Lambert 839 Ridge Road W... Corporate Services Division Transportation Services Department BRYAN DANIEL LAMBERT 839 RIDGE ROAD WEST ORO STATION, ON LOL 2E0 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. Conditions: 1) The Corporation of the County of Slmcoe Please be advised that: (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 5T", 2009 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. Christian Meile, P. Eng. Director, Transportation Maintenance Attachment District No.: 1 Garage Location: Midhurst Foreman: Craig DeCarie Phone: (705)726- 9325x1906 17 -41 p CRLI 2{T /9/O9' fgrze -arc- X:\Corporate Services\Roads Engineering \P Protection Enforcement Permits1P10 Permits (2009)\2009 Entrance Permits\Entrance Permits YARD 1\BLANK LEI t ER for Entrance Permit Yard #1.doc Page 24 of 140 5a) 2010-B-21 Bryan and Daniel Lambert 839 Ridge Road W... Dad krtififStslitiOL I NOISS33NO0 89NS03 ISVBKOOS 3441 1E10441 NVIOIOV 341 at Mt:id3 SNV NO 4OI$0 14021.4 0BAI,V30 94V Wif P0N.L NO38314 SONIE4V30 -1014 Axel :7! a g•u93 Jatoo0-3 s. rtl'! 9 (INV „cgpt„ VOA QNi OWV.I. *Z141 NO 0313100 SVM Awns SRI'? .830 Nrt 3 aK gavel SNOlOrlelaiiai 1 OW, .1.3v vamns 3.4 HAM% 30wAR:1 °NV 1438803 2NV NV14 ow AsAisis sn4.1 AA1.00:1)844Bki 3.1.110141.1.833 6,8013AWI5 Z6169 4'V 2.5411 aPvit ,99 AV,961SN -AIMS 33t400 NIBBM.1.38, 33NVMOT1V vrn.-Rewil Page 25 of 140 5a) 2010 -B -21 Bryan and Daniel Lambert 839 Ridge Road W... August 10, 2010 Dear Mr. Farquharson: Lake Simcoe Region Conservation Authority Sent by email sfarguharson @oro- medonte.ca Mr. Steven Farquharson Secretary Treasurer, Committee of Adjustment Corporation of the Township of Oro Medonte P.O. Box 100 Oro, ON LOL 2X0 We provide the following comments for your consideration: 120 Bayview Parkway Box 282, Newmarket, Ontario L3Y 4X1 Tel: 905.895.1281 1.800.465.0437 Fax: 905.853.5881 13- 2vsail: in.fo@lsrca.on.ca Website: www.lsrca.on,ca Inter 1 a11e n a1 Riverfoundation Proud winner of the 2009 International Thiess ltiverprize File Nos.: 2010 -B -21 2010 -A -21 IMS Nos.: PLDC1004C2 PVOC691 RE: Land Division Consent Minor Variance Applications Creation Of A New Residential Lot Bryan Daniel Lambert, Owners Part of Lot 26, Concession 5 (Former Township of Oro) 839 Ridge Road West Township of Oro Medonte, County of Simcoe Thank you for conferring with the Lake Simcoe Region Conservation Authority (LSRCA) with regard to the above noted Land Division Consent and Minor Variance applications. It is our understanding that the purpose and effect of these applications will allow for the creation of a new residential lot. We have reviewed these applications for consistency with the Public Health and Safety Policies (Natural Hazards) of the Provincial Policy Statement (PPS), conformity with the Lake Simcoe Protection Plan (LSPP), and in accordance with Ontario Regulation 179/06 made under the Conservation Authorities Act. Based on the Township of Oro Medonte Official Plan, the proposed lot to be created is located adjacent to an area designated Environmental Protection Two (EP2). This designation recognizes a 'significant woodland'. The Key Natural Heritage and Key Hydrologic feature policies of the Lake Simcoe Protection Plan apply to all areas outside of existing settlement areas and outside of the Greenbelt area and Oak Ridges Moraine area. The Lake Simcoe Protection Plan Policies 6.23 -6.25 require all new development must be a minimum of 30 metres from any key natural heritage features, or larger if determined appropriate by an evaluation (the evaluation is required if within 120 metres of the feature). Page 1 of 2 A Watershed for Life Page 26 of 140 5a) 2010 -B -21 Bryan and Daniel Lambert 839 Ridge Road W... Lake Slmcoe Region Conservation Authority Mr. Steven Farquharson File No.: 2010 4-21 IMS No: PLDC1004C2 August 10, 2010 Page 2 of 2 Based upon this information, a Natural Heritage Evaluation (NHE) must be completed for this application, in accordance with Policy 6.26 -DP of the Lake Simcoe Protection Plan. In the absence of this report, the current application does not comply with the Lake Simcoe Protection Plan, and is considered an incomplete application under the Planning Act. Please note, any new lot lines are required to be a minimum of 30 metres (or greater, as determined by the NHE) from the Significant Woodland. In order to submit a complete application, the Natural Heritage Evaluation and revised consent must be submitted for review. Further, the subject property is located within the jurisdiction of the LSRCA, and is partially located within an area regulated under this Authority's Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 179/06) made under the Conservation Authorities Act. The south eastern portion of this property is regulated for unevaluated wetland adjacent lands. A permit will be required for any future development of the regulated portion of the above noted property, prior to issuance of a municipal building permit. Please advise the applicant that in accordance with the LSRCA's Planning and Development Fees Policy (April 23, 2010), the total fee for this application is $300.00. The applicant should be advised that currently this fee is outstanding and to please forward the above mentioned fee to the LSRCA as soon as possible. If you have any questions, comments, or require anything further from the LSRCA, please do not hesitate to contact the undersigned at 905 895 -1281, extension 287, or by e-mail at i.walker@lsrca.on.ca. Please reference the above file numbers in future correspondence. I trust this meets your requirements at this time. Please advise us of your decision in this matter. Yours truly, Ian Walker, BSc. Environmental Planner c. Bryan Daniel Lambert, Owners, lambert7015@rogers.com Charles Burgess, Senior Planning Coordinator, LSRCA Councillor Sandy Agnew, Representative, Township of Oro Medonte S; \Env Plan \Plan Appls \Planning Letters Consents \Oro Medonte\ 2010 \PLDC1004. 2010- 6- 21.839RIdgeRoadWest.Lambert.IW 1,docx Page 27 of 140 5a) 2C and Daniel Lambert W... Page 28 of 140 11 5a) 2C and Daniel Lambert W... Page 28 of 140 5a) 2010-B-21 Bryan and Daniel Lambert 839 Ridge Road W... 1 FLAN 4 OF OF THE fEAST '26 ROAD ALLOWANCE BETVEEN CONCESglOiiT 5 AND 6 •1 N 31 w 66W 'tar No 589792 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY IAAT: 1 THIS SURVEY AACI PLAN ARE CORRECT AND IN ACCORDANCE WITH THE SURVEYS ACT AND TtE REGULATIONS MADE THEREUNDER, 2 THE SURVEY WAS COMPLETED ON hIBER 15, 1972. TAM LAND SURVEYOR '1035" 1 BEARINGS HEREON ARE ASTRONOMC AND ARE DERIVED FROM OBSEf?VADONS ON POLARIS AND REFERRED TO ME MERIDIAN THROUGH THE SOUTHEAST CORNER CC LOT 2, CONCESSION 1, TOWNSHIP 47 ORO Page 29 of 140 5a) 2010-B-21 Bryan and Daniel Lambert 839 Rid .e Road W... Page 30 of 140 5a) 2010 -B -21 Bryan and Daniel Lambert 839 Ridge Road W... tkx Page 31 of 140 5a) 2010 -B -21 Bryan and Daniel Lambert 839 Ridne Road W... Page 32 of 140 5a) 2010 -B -21 Bryan and Daniel Lambert 839 Ridge Road W... Page 33 of 140 5a) 2010 -B -21 Bryan and Daniel Lambert 839 Ridge Road W... cu E ft) a ROAD ALLOWANCE BETWEEN CONCESS I S. .5 Nat °!6'w 66' Woe PLAN OF P' OF THE EAST ij` i OF LOT 26 r W 5 towisisHiP OF ORO COUNTY 9T2 SIMCOE SURVEYORS CERTIFICATE 1 HEREBY CERTIFY TtiAT- I. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH TFE SURVEYS ACT AND TFE REOULAT MS MADE THEREUNDER, 2 THE SURVEY WAS COMPLETED ON FABER 15, 1972. TARO LAND SURVEYOR 1035" 2lI.1T' S. E. Corner Lor 26, Con. 5 a FA. SIB Norwell BEARINGS HEREON ARE ASTRDNc c ANC ARE DERIVED FROM OBSERVATIONS ON POLARIS AND REFERRED TO TIE MER1OIAN THROUGH THE SOUTHEAST CORNER OF LOT 2, CONCESSION 1, TOYASHIPCF ORO Page 34 of 140 5a) 2010-B-21 Bryan and Daniel Lambert R39 Ridne Rnad W... Page 35 of 140 5b) 2010 -A -21 Bryan and Daniel Lambert 839 Ridge Road W... Corporate Services Division Transportation Services Department BRYAN DANIEL LAMBERT 839 RIDGE ROAD WEST ORO STATION, ON LOL 2E0 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. Conditions: 1) 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. 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. Christian Meile, P. Eng. Director, Transportation Maintenance Attachment The Corporation of the County of Simcoe Please be advised that: O Headwalls of any design are not permissible. O Plantings or any structures are not allowed on County Roads. 0 No culvert required at this location. 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 P10 (3502) JUNE 5 2009 f PfeARtL Oc /9 X:\Corporate Services\Roads Engineering \P Protection Enforcement Permits\PIO Permits (2009)12009 Entrance Permits \Entrance Permits YARD 1\BLANK LE t I ER for Entrance Permit Yard #1.doc Page 36 of 140 5b) 2010-A-21 Bryan and Daniel Lambert 839 Ridge Road W... tztvett3 4:2 ROAD ALLOWANCE BETVVEEN CONCESSIO 6/3)° 66 Wide 4.50' Oa. ati PLAN Qf SURVEY OF PM1SOFTHE EAST NSW b 46 21 1 N .1103USE 1Nsr No 389792 stpveyows CER C E R TIFICATE CERTIFY I. ma SURY.P.-- PM: PLAN ARE CORRECT AND IN ACCORDANCEIWftfT THE SURVEYS ACT AND THE REGULATIONS MADE 114EREUNDER. 2. THE SURVEY WAS COMPtittED ON EN 1972, (4116•11 126 "1401 fAR)0 LAND $ORV,EYOR 1035" I 130` 192 SIVICOE FO. T S41.440 g AN 6 EtOmer L n:5 BEARINGS HeGEON ARE ASTSPNCr ARE' DERIVED FROM' ossg AWNS' ON IS AND REFERRED TO THE 1D1AN THROUGH THE BI SO4TH ro EAS QF T CORNER CF LOT 2, CONCESSION 1, Page 37 of 140 Application No: 2010 -B -25 To: Committee of Adjustment Prepared By: Steven Farquharson, B.URPL Intermediate Planner Meeting Date: August 19, 2010 Subject: Consent Application David and Sylvia Beard Concession 11, Part of Lot 1 (Former Township of Oro), 872 Horseshoe Valley Road East Motion Roll 4346- 020 010 -1410 R.M.S. File D10- 5c) 2010 -B -25 David and Sylvia Beard 872 Horseshoe Valle... rla.e Heritage, E«i if e.m,e TOWNSHIP OF ORO- MEDONTE REPORT I REQUIRED CONDITIONS: I BACKGROUND: The purpose of Consent application 2010 -B -25 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 on Horseshoe Valley Road East of approximately 208 metres (681 feet) with a lot depth of approximately 547 metres (1795 feet), and a lot area of approximately 20 hectares (51 acres). The severed parcel currently has an existing dwelling and agricultural buildings. The lands to be retained would have a lot frontage on Horseshoe Valley Road East of approximately 53 metres (174 feet) with a lot depth of approximately 616 metres (2022 feet), and a lot area of approximately 21 hectares (52 acres). The applicant has submitted a historical timeline of the property, which has been attached for the Committee's reference. The West half of Lot 1 was conveyed to William Beard is undetermined but it occurred between 1912 to 1931 at which point they were separate lands in title. The subject lands all merged in title in their current layout in 1984 under the applicants name.The summary of the deeds which support this timeline are attached to this report. I ANALYSIS: The purpose of consent application 2010 -B -25 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. I FINANCIAL: Not applicable. Development Services Application No. 2010 -B -24 Meeting Date August 19, 2010 Page 1 of 7 Page 38 of 140 5c) 2010 -B -25 David and Sylvia Beard 872 Horseshoe Valle... I POLICIES /LEGISLATION: 1 OFFICIAL PLAN The subject lands are designated Agricultural in the Township's Official Plan. Section D2.2.3 of the Official Plan provides a specific policy to allow the Committee to consider applications to correct a situation where two or more lots have merged on title maybe be permitted, provided that the Committee of Adjustment is satisfied that the following criteria have been met. Planning Staff's opinion of how the criteria have been met are outlined below. a) Was once separate conveyable lot in accordance with the Planning Act; As per the attached deed, in 1984 the entire West Half of Lot 1 was merged into one parcel, 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 David William Beard and Sylvia Beard having acquired ownership of both parcels in 1984. 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 Horseshoe Valley Road East, and is maintained year -round by a public authority (County of Simcoe). f) There are no public interest served by maintaining the properly as a single conveyable parcel; The County of Simcoe has stated their correspondence received August 11, 2010 that no new entrances will be permitted on County Road 22 (Horseshoe Valley Road East) g) Conforms with Section D2.2.1 of this Plan; and, Section D2.2.1 of the Plan is discussed further below. h) Subject to the access policies of the relevant road authority At the time a building permit is applied for an entrance permit would also be required from the County of Simcoe for access for the severed lands from Horseshoe Valley Road East. The County of Simcoe has commented that no new entrance will be permitted on County Road 22 (Horseshoe Valley Road East). Development Services Meeting Date August 19, 2010 Application No. 2010 -B -24 Page 2 of 7 Page 39 of 140 5c) 2010 -B -25 David and Sylvia Beard 872 Horseshoe Valle... 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 Horseshoe Valley Road East, which is a public roadway maintained year -round by the County of Simcoe. The County of Simcoe have stated that no new entrance will be permitted on Horseshoe Valley Road East. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; The properties are proposed to have access to Horseshoe Valley Road East, which is a County Road. The County of Simcoe has commented stating that they will do not support a new entrance being located outside of a settlement area. c) Will not cause a traffic hazard; This application proposes to recreate a lot. Significant traffic volume will not be generated by any additional dwellings if located on the proposed lots. The applicant will be required to apply for and obtain an entrance permit from the 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 on Horseshoe Valley Road East of approximately 208 metres (681 feet) with a lot depth of approximately 547 metres (1795 feet), and a lot area of approximately 20 hectares (51 acres). The severed parcel currently has an existing dwelling and agricultural buildings. The lands to be retained would have a lot frontage on Horseshoe Valley Road East of approximately 53 metres (174 feet) with a lot depth of approximately 616 metres (2022 feet), and a lot area of approximately 21 hectares (52 acres). The minimum required lot area for a residential use in the A/RU Zone is 0.4 hectares, and the minimum lot frontage is 45 metres. It has been noted that the proposed severed lot does meet the lot area and frontage of the A/RU Zone. e) Can be serviced with an appropriate water supply and means of sewage disposal; The applicant will be required at the time of submission of building permit to meet all requirements for septic system installation and private water supply. The Township Zoning By -law has established a minimum lot area of 0.4 hectares for a residential use in the A/RU Zone to reflect development on private services. f) Will not have a negative impact on the drainage patterns in the area; Any future residential development will be reviewed by the Township Building Department, where the construction of a new single detached dwelling may be subject to the completion of a lot grading and drainage plan to ensure water runoff has no negative impact on neighbouring properties. Development Services Meeting Date August 19, 2010 Application No. 2010 -B -24 Page 3 of 7 Page 40 of 140 5c) 2010 -B -25 David and Sylvia Beard 872 Horseshoe Valle... 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, however, the County of Simcoe will not grant new access onto Horseshoe Valley Road. h) Will not have a negative impact on the features and functions of any ecological feature in the area; The easterly portion of the retained lands is regulated by Nottawasaga Valley Conservation Authority (NVCA), who have commented stating that they have no objection to the proposed application. i) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; Any future development would require appropriate approvals for a well, which would ensure it would not negatively impact the quality and quantity of groundwater. On 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 County Official Plan In analyzing this Consent application, Township staff reviewed both the County Official Plan currently in effect as well as the Official Plan adopted by County Council in November 2008. Specifically, Section 3.6 contains the Agricultural policies which are required to be considered in assessing the proposed technical severance application. Section 3.6.6 states that new lots should be not less than 36 hectares or the original survey lot size, whichever is the lesser. As stated above, these two lots merged in 1984 and prior to that time were separately conveyable as a 20 hectare and 21 hectare parcel. As stated above, the County of Simcoe has stated that the proposed consent application would not be granted new access to Horseshoe Valley Road, therefore this application does not conform to the County Official Plan. Provincial Policy Statement The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Policy 2.3.4 contains the policies in Agricultural Areas in municipalities which permits lot creation in prime agricultural area's provided that that the lots are of size appropriate for the type of agricultural use common in the area and are of sufficiently large to maintain flexibility for future changes in the type of agricultural operations. The proposed Consent is intended to re- create a parcel of land which was previously separately conveyable and contains 24 hectares of land provide for a use that was intended on an existing lot. The proposed use is consistent with other lots of record in the surrounding area. The Township's comprehensive Zoning By -law requires a minimum lot area of 2.0 hectares for agricultural use and 4.0 hectares for a specialized agricultural use. The proposed lot size of the severed lands would be able to accommodate both of these types of agricultural uses. Development Services Meeting Date August 19, 2010 Application No. 2010 -B -24 Page 4 of 7 Page 41 of 140 5c) 2010 -B -25 David and Sylvia Beard 872 Horseshoe Valle... 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 20 hectares (51 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 Agricultural /Rural (A/RU) and Environmental Protection (EP) Zone in the Township's Zoning By -law 97 -95, as amended. The proposed severed and retained lots would continue to comply with the provisions of the Agricultural /Rural (A/RU) Zone, as the minimum lot area and frontage have been met. Therefore, the application would comply with the provisions as prescribed by the Zoning By -law. I CONSULTATIONS: Public Works Department Building Department Engineering Department County of Simcoe Comments Attached Nottawasaga Valley Conservation Authority- Comments Attached I ATTACHMENTS: Schedule #1- Location Map Development Services Application No. 2010 -B -24 Meeting Date August 19, 2010 Page 5 of 7 Page 42 of 140 5c) 2010 -B -25 David and Sylvia Beard 872 Horseshoe Valle... I 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 -24 for a technical severance is not appropriate. Respectfully submitted: Steve •uha son, B.URPL Intermediate Planner Reviewed by: Glenn White, MCIP RPP Manager of Planning Services Development Services Meeting Date August 19, 2010 Application No. 2010 -B -24 Page 6 of 7 Page 43 of 140 5c) 2010 -B -25 David and Sylvia Beard 872 Horseshoe Valle... Development Services Application No. 2010 -B -24 SCHEDULE 1: LOCATION MAP 2010- B- 24(Beard) Prc posed Severed Lands Prc posed Retained Lands MI ■E LAKE SIMC 0 125 250 500 Meters w z Meeting Date August 19, 2010 Page 7 of 7 w z II Page 44 of 140 5c) 2010 -B -25 David and Sylvia Beard 872 Horseshoe Valle... July 26 2010 Dear Members: SHIRLEY PARTRIDGE REGISTRY SERVICES INC. 168 LAKESHORE ROAD WEST R.R. 1, ORO STATION, ON LOL 2E0 The Corporation of The Township of Oro Medonte 148 Line 7 S, Box 100 Oro, ON LOL 2X0 Attention: Committee of Adjustment Re: David William Beard and Sylvia Beard Application for Technical Severance Part of Lot 1, Concession 11 Township of Oro Medonte Part of PIN 58529- 0124(LT) David William Beard and Sylvia Beard are the registered owners, as joint tenants, of the part of Lot 1 in the 11 Concession of the former Township of Medonte described as Parts 6 and 8 on Plan 51R-12482 and Part 1 on Plan 51R- 9998 except Part 7, 51R-12482. The Patent for the West Half of Lot 1, Concession 1 in the former Township of Medonte was issued to Thomas Thornton on February 14th, 1843. Thornton conveyed the West Half to James Williamson in 1850. Williamson purported to convey the South West Half of West Half (50) acres in 1854 to James Beard, and a half acre parcel from the North West Quarter to John Guild in 1870. James Williamson passed away, and his heirs conveyed the West 25 acres of the East Half of the West Half of Lot 1, Concession 11 to Robert James Williamson in 1881. The deed contains a recital that it rectifies an error in the description in an intended conveyance from James to Robert Williamson. That indication of an error suggests inaccuracy in earlier descriptions such as that in the deed to James Beard in 1854 which perhaps should have been the West Half of the West Half. James Beard conveyed the lands using the misdescription in 1858 to Joseph Beard. Two Quit Claims were registered in 1883 to Joseph Beard by the heirs of James Williamson for the East 30 acres of the West Half. The said Joseph Beard (the first) was the registered owner of the "West Half of the West Half', and the East Page 45 of 140 5c) 2010 -B -25 David and Sylvia Beard 872 Horseshoe Valle... 30 acres of the West Half at the time of his death. In his Will, he bequests the West Half of the West Half to Joseph Beard (the second), and the East 30 acres of the West Half to James Beard. The later quit claims his interest to Joseph (the second) in 1926 (originally dated in 1912). Joseph Beard (the second subsequently dies, and Arthur Beard acquires the two parcels of land in 1926. The said Arthur Beard in turn conveys the West Half of Lot 1 (with exceptions established many years prior along the County Road) to William Beard in 1931. In a conveyance from Robert Williamson to James Williamson (not the original James), his parcel is now described as the West 23 5 /8th acres of the East Half of the West Half of Lot 1 instead of the West 25 acres of the East Half of the West Half. James Williamson conveys this parcel to William Bloomfield in 1908. Bloomfield purports to convey part of the West Half of the East Half of the West Half to Catherine Hall in 1912 (which parcel ultimately becomes Parts 1 and 2, Plan 51R-9998). However he does not appear to ever deal with the balance of this parcel. It is included in that part of the West Half of the lot conveyed by Arthur Beard to William Beard in 1931. It is not clear if a predecessor to Arthur Beard acquired the balance by possessory title, or by a deed that was never registered. The title to the "Hall" parcel passes through several changes in ownership until Sylvia Beard acquires it in 1978. A reference plan (51R-9998) was registered in 1980, and Part 1 thereon was conveyed by Sylvia to William J. Beard and Ethelyne S. Beard. A Consent by the Committee of Adjustment for the former Township of Medonte under File12/78 was given on June 27 1978, but not dated until January 5 1981 which is beyond the acceptable period set out in the Planning Act in effect at the time (2 years). William Beard, the owner of the balance of the West Half of Lot 1, Concession 11 (minus certain exceptions from the late 1800's and early 1900's), and William J. Beard and Ethelyne S. Beard, the owners as joint tenants of Part of the West Half designated as Part 1, Plan 51R-9998 convey all their lands to John Beard and David Beard, carrying on business as Beard Farms as partnership property in 1984. The lands are now described as Parts 6 and 8 51R-12482, and Part 1 51 R -9998. This effectively merges the parcels as the Consent given for Part 1 51 R -9998 may be viewed as invalid. Part of Part 1 51 R -9998 now known as Part 7 51R-12482 was conveyed with a Committee of Adjustment Consent (given August 28 1984) on March 8 1985 to William J. Beard. He subsequently conveyed said Part 7 to David Beard on March 15 1985. In 1989, John Beard and David Beard conveyed that part of Lot 1, Concession 11 described as Parts 6 and 8 51R-12482 and Part 1 51R-9998 (except Part 7 51R- 12482) to David William Beard and Sylvia Beard as joint tenants. These lands now comprise Pin 58529- 0124(LT). Mr. and Mrs. Beard now wish to restore the original parcel that was created in 1854, being the South West Half of the West Half (more properly described as the West Half of the West Half) of Lot 1, Concession 11 leaving the remnant Page 46 of 140 5c) 2010 -B -25 David and Sylvia Beard 872 Horseshoe Valle... parcel as the remainder of the West 25 (23 5/8) acres of the East Half of the West Half and the East 30 acres of the West Half. You very truly, S irley Partrig resident Shirley Partridge Registry Services Inc. Page 47 of 140 5c) 2010-B-25 David and Sylvia Beard 872 Horseshoe Valle... 0 g oad iii 1 6 cloc e hefwe,i Con *Nal J o at 4 4 -lt o an c e bdwi Page 48 of 140 5c) 2010 -B -25 David and Sylvia Beard 872 Horseshoe Valle... ROAD ALLOWANCE BETWEEN CONCESSIONS 11 AN[ Page 49 of 140 5c) 2010 -B -25 David and Sylvia Beard 872 Horseshoe Valle... lld vgrdPf Page 50 of 140 5c) 2010 -B -25 David and Sylvia Beard 872 Horseshoe Valle... AUG -12 -2010 08:49 FROM:NVCA 7054242115 TO:17054870133 P.1/1 Member Municipalities Adjala To5orontio Amaranth It: -�rno The Blue Mountains Bradford West Gwilhn,bbury Ir::rrvicw Collingwoorl Essa Grey Highlands Inni5ttl Mt I,rClhOn Mono Muir nrr Now 11r-umsC(11 )ro- Medontr Sh(lburna 4pri ngv✓ater W'asaga Beach Watershed Counties Uufferin Grey Sant ur Member ul Conservation ONTARIO August 12, 2010 Steven Farquharson, Secretary Treasurer Committee of Adjustment Township of Oro Medonte P.O. Box 100 Oro, Ontario LOL 2X0 Dear Mr. Farquharson; Re: Application for Consent 2010 -B -25 West 1 /2 Part Lot 1, Concession 11, 872 Horseshoe Valley Road East Township of Oro- Medonte (Formerly Township of Medonte) The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this application for consent and based upon our mandate and policies under the Conservation Authorities Act, we have no objection to its approval. 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 NOI I'AWASA(,A VAI I I-Y 1 ON`,FRVATI( )N At i 1110RI [Y Centre 10t Conservation John I (ix (nnuarvation Admini=,tration entre Tiffin Conservation Area 11195 8Ih Line Utopia: On LOM 1 TO I(tlalrhone: 705.4 24.117'/ Fax: 70 1 %1 II W'Fh. wwwnvca.nn Finail rIrni nvci nn c'. Page 51 of 140 5c) 2010 -B -25 David and Sylvia Beard 872 Horseshoe Valle... Page 52 of 140 5c) 2010-B-25 David and Sylvia Beard 872 Horseshoe Valle... lo ot -4- cJ 3 likarrIpc 09 t4 0' ti r" r )we j t.f 0 )10, O. Page 53 of 140 5c) 2010 -B -25 David and Sylvia Beard 872 Horseshoe Valle... 1174410 ZWAIOrPt arom ra:r� niMit IOW HS OW ii a te° 1 1 9 1 1 F a ame p, 1 Of OW s 4) Page 54 of 140 5c) 2010 -B -25 David and Sylvia Beard 872 Horseshoe Valle... Page 55 of 140 5c) 2010 -B -25 David and Sylvia Beard R77 HnrcpchnA Valle... Page 56 of 140 5c) 2010 -B -25 David and Sylvia Beard R72 HnrsPChnP Valle... Page 57 of 140 5c) 2010 -B -25 David and Sylvia Beard 872 Horseshoe Valle... Page 58 of 140 5c) 2010 -B -25 David and Sylvia Beard $72 HnrsPshnP alle... Page 59 of 140 s L 0 z 0 a, c c L. 0 Ca a) 0 CO OA c 'U c6 4- a) L a) CU to a) O 0 c co CU to O Q O L o_ 5c) 2010 -B -25 David and Sylvia Beard R72 HnrcpchnP Valle.., Page 60 of 140 5c) 2010-B-25 David and Sylvia Beard 8771 Valle_ Page 61 of 140 Application No: 2010 -B -24 To: Committee of Adjustment Prepared By: Steven Farquharson, B.URPL Intermediate Planner Meeting Date: August 19, 2010 Subject: Consent Application (1802281 Ontario Limited) Part of Lot 11, Concession 5 (Former Township of Oro) Motion Roll 4346 -010- 002 -26400 R.M.S. File D10 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... tQi`vr fedw,t Pnwd Hnilagr, Er:ning Future TOWNSHIP OF ORO- MEDONTE REPORT REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision regarding Consent applications 2010 -B -24: 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 3. That the applicant 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 applicant apply for and obtain a rezoning of the property to remove the holding provision; 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. I BACKGROUND: The purpose of the application is to separate, by way of severance, a 1.9 hectare parcel that is currently vacant. The retained lands have an area of 7.1 hectares, which is part of a draft plan approved residential subdivision (2006- SUB -02) consisting of 15 residential lots. The subject land currently vacant, which will have frontage along Line 4 North of 30 metres, a depth of approximately 181 metres (594 feet), and an area of approximately 1.9 hectares (4.7 acres). Development Services Application No. 2010 -B -24 Meeting Date August 19, 2010 Page 1 of 6 Page 62 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... Adjacent land uses to the north include commercial and additional residential lots within the Edger Settlement Area. ANALYSIS: The purpose of Consent Application 2010 -B -24 is to create a new lot fronting onto Line 4 North. The land to be severed would have approximately 30 metres of frontage on Line 4 North, a depth of approximately 181 metres (594 feet), and an area of approximately 1.9 hectares (4.7 acres). The proposed retained lands would have a frontage on Old Barrie Road of approximately 396 metres (1299 feet), a depth of approximately 159 metres (521 feet), and an area of approximately 71 hectares (17.5 acres). The retained lands would be the balance of Plan of Subdivision Application 2006 SUB -02. I FINANCIAL: Not applicable. POLICIES /LEGISLATION: Does the Consent conform to the general intent of the Official Plan? The subject lands are presently designated "Rural Settlement Area" by Schedule "A" of the Official Plan. The Settlement Area Strategy identifies Edger as a small rural service centre, which is not serviced with municipal water system. Development of the Edger Settlement Area is to occur with small scale development by Plan of Subdivision on private services maybe permitted. Permitted uses on lands designated Rural Settlement Area are "low density residential, small scale commercial uses that serve the needs of the settlement area and surrounding rural area, small scale industrial development in the form of repair garages, warehouses, workshops or manufacturing and /or processing fabrication plants, institutional uses such as schools, places of worship, community centres, libraries and similar uses In analyzing the proposed severance, Staff reviewed the County of Simcoe Official Plan, Provincial Policy Statement and Places to Grow legislation. Given the subject lands are located within an identified settlement area, as such, the proposed severance constitutes a permitted use in accordance with the Rural Settlement Area policies of the Official Plan and is consistent with the County of Simcoe and Provincial policies. Therefore, the proposed severed and retained lands would comply with the policies as found within the Official Plan. Does the Consent comply with the general intent of the Zoning By -law? The proposed lands to be severed and retained are both zoned Residential One Hold(R1 *H) Zone. The Residential One (R1) Zone requires a minimum lot frontage of 30 metres (98.4 feet) and a minimum lot area of 0.2 hectares (0.49 acres). The Zoning By -law includes a Holding provision that shall not be lifted until the Subdivision agreement has been entered into between the Township of Oro Medonte and developer. Staff is recommending that a condition be included that requires the Development Services Meeting Date August 19, 2010 Application No. 2010 -B -24 Page 2 of 6 Page 63 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... applicant to rezone the property to remove the holding provision, because the lot is no longer part of the Plan of Subdivision. The proposed severed lot will consist of 1.9 hectares, and will have 30 metres of frontage on Line 4 North. The proposed retained lands would consist of the balance of the Plan of Subdivision of approximately 7.1 hectares. Therefore, the proposed severed and retained lands would continue to meet with all requirements of lot area and frontage in 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. 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. Policy 1.1.2.1 states that Settlement area shall be the focus of growth and their vitality and regeneration shall be promoted. The proposed severance is located inside of a settlement area 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 easy access to local stores and services. In Policy 2.2.9 Rural Areas there are provisions that state that settlement areas are key to the vitality and economic well being of rural communities. Due to the application to create one new residential lot by means of severance in an identified Settlement Area in Township Official Plan, it is considered to meet to meet this policy. 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 Planning Department have commented, stating that they that no objection to the proposed severance application. It is the opinion of the Planning Department that the proposed severance conforms to the County of Simcoe Official Plan CONSULTATIONS: Transportation and Environmental Services Building Department Engineering Department NVCA- County of Simcoe- Development Services Application No. 2010 -B -24 Meeting Date August 19, 2010 Page3of6 Page 64 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... I ATTACHMENTS: 1. Location Map 2. Proposed Site Plan I CONCLUSION: In the opinion of the Planning Department, Consent application 2010 -B -24 being to create a lot by way of severance conforms to the Official Plan, and complies with the minimum lot area and frontage as required by the Zoning By -law. Respectfully submitted: Steveftf rquh rson, B.URPL Intermediate Planner Reviewed by: Glenn White, MCIP, RPP Manager of Planning Services Development Services Meeting Date August 19, 2010 Application No. 2010 -B -24 Page 4 of 6 Page 65 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... Development Services Application No. 2010 -B -24 SCHEDULE 1: LOCATION MAP 2010 -B -24 (1802281 Ontario Ltd) Proposed Severed Lands Proposed Retained Lands Meeting Date August 19, 2010 Page 5 of 6 Page 66 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... Development Services Application No. 2010 -B -24 SCHEDULE 2: PROPOSED SITE PLAN 2010 -B -24 (1802281 Ontario Ltd) ROAD ALLOWANCE B N CONCESSIONS 4 AND 5 Meeting Date August 19, 2010 Page 6 of 6 Page 67 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... From: White, Glenn To: Farquharson, Steven Subject: FW: Pre consultation for Edgar lot severance Date: Tuesday, July 27, 2010 11:28:32 AM Attachments: GSP -1.odf Glenn White Manager of Planning Township of Oro Medonte From: Marek, Greg [mailto:Greg.Marek ©simcoe.ca] Sent: Tuesday, July 27, 2010 10:25 AM To: 'Darren Vella'; Cameron Sellers Cc: Hoppe, Bruce; Leigh, Andria; White, Glenn; Hamelin, Rachelle Subject: Pre consultation for Edgar lot severance Darren and Cameron, Thank you for meeting with Bruce Hoppe and I regarding the proposed severance of the Lot 1 lands from the Drury draft approved plan of subdivision property (Township File No. 2006 SUB -02) as identified on the attached plan,. The County has no objection to the proposed severance. Please call if you have any questions. Regards, Greg Marek Planner 11 County of Simcoe, Planning Department 1110 Highway 26, Midhurst, ON LOL 1X0 Phone: 705 726 -9300 x1362 Fax: 705 727 -7984 Email: greg.marekCgsimcoe.ca Website: www.simcoe.ca Please consider the environment before printing my email. Page 68 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... kr INNOVATIVE PLANNING SOLUTIONS Planners, Project Managers and Land Development Township of Oro Medonte 148 Line 7 South Oro, Ontario LOL 2X0 Attention: Andria Leigh Director Development Services Re: Respectfully submitted, Innovative Planning Solutions Cameron Sellers Junior Planner Consent Application (Severance) Part of Lot 11, Concession 5 Township of Oro Medonte, County of Simcoe Cc 1802281 Ontario Limited Friday July 23` 2010 On behalf of 1802281 Ontario Limited we are pleased to submit the following package for your review: 1. One (1) copy of the completed Severance application, including the applicable fee. 2. One (1) copy of the completed Development application to lift the Zoning hold relative to the proposed severance, including the applicable fee. 3. Authorization as Agent Letter 4. Two (2) copies of a Planning Justification Report in support of the following applications. 5. Two (2) copies of the concept plan (one for each of the applications). If this submission is complete, we would request that notice be provided within the required timeframe under the Planning Act., otherwise, please inform what items are outstanding. We look forward to future correspondence from you on this matter, 89 COLLIER STREET, SUITE 101, BARRIE ONTARIO L4M 1112 TEL: (705) 812 -3281 FAX: (705) 812 -3438 EMAIL: INFO @IPSCONSULTINGINC.COM Page 69 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... INNOVATIVE PLANNING SOLUTIONS Planners, Project Managers and Land Development Township of Oro Medonte 148 Line 7 North Oro Medonte, Ontario Attention: Committee of Adjustment Planning Department Re: 1.0 Introduction Planning Justification Report (Severance) Part of Lot 11, Concession 5 Township of Oro Medonte, County of Simcoe Thursday July 22', 2010 Innovative Planning Solutions has been retained by 1802281 Ontario Limited to complete the following severance application relative to Part of Lot 11, Concession 5, in the Township of Oro Medonte, County of Simcoe. The purpose of the following report is to assess the impacts of severing one lot from the above captioned property. Table 1 displays the attributes of the severed and retained lots. Table 1: Severance Proposal Scccrccl Rctaincd 1'arccl Frontage (m) Depth (m) Area (ha) 30.0 181.0 2.04 396.1 158.8 6.97 The purpose of the following severance is to allow the applicant to sever Lot 1 within Draft Approved Whispering Creek Estates Subdivision from the remaining subdivision lands. The severed lot will front Oro Medonte Line 4 North while the retained lands will front Simcoe County Road No. 11, which are each recognized as open and maintained public road allowances. The site plan for the proposed development is attached as Appendix 1 89 COLLIER STREET, SUITE 101, BARRIE ONTARIO L4M 1I12 TEL: (705) 812 -3281 FAX: (705) 812 -3438 EMAIL: INFO@IPSCONSULTINGINC.COM Page 70 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... The following report will review the applicable policies found within the documents noted below to justify the severance application under good planning principles: Provincial Policy Statement (2005) Places to Grow (June, 2006) County of Simcoe Official Plan (Consolidated August, 2007) Township of Oro Medonte Official Plan (March, 2007) Township of Oro Medonte Zoning Bylaw (Consolidated 2010) 2.0 Description of Subject Property and Surrounding Land Uses The Township of Oro Medonte recognizes the subject property as entirely being within the Rural Settlement area of Edgar as shown in Figure 1; the yellow line surrounds the subject property while the red line indicates the settlement boundaries of Edgar. The topography of the land slopes gradually from North to South. The subject lands currently possess one old and deteriorated residential dwelling that is to be demolished in the near future; however this dwelling is not located on the parcel being proposed for severance A tributary of Willow Creek runs through the subject property and actually isolates lot 1 from the remainder of the subdivision development. Deciduous and evergreen tree growth is present on each side of the tributary, with the remainder of the subject lands being clear of significant vegetation. Much of the perimeter of the subject lands possess post and wire strand fence. Surrounding land uses include: North: Single detached residential dwellings within the settlement area of Edgar. These residential lots are smaller in size than the residential lot proposed by this severance. Beyond Edgar lies lands designated Agricultural in the Township of Oro Medonte. Further to the north exists the Oro Moraine as well as the Settlement area of Horseshoe Valley. Severance Report Township of Oro Medonte IPS File No: 10 -315 Page 2 Page 71 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... South: Lands designated Agricultural in the Township of Oro Medonte as well as the Setdement area of Guthrie. Further to the north exists the shores of Lake Simcoe. East: Lands designated Agricultural within the Township of Oro Medonte. Further to the east exists the City of Orillia. West: Directly across Oro Medonte Line 4 exists single detached residential dwellings within Edgar. Further west are lands designated Agricultural. Highway 400 exists to the west along with the settlement area of Midhurst. Severance Report IPS File No: 10 -315 Figure 1: Subject Property and Surrounding Land Uses Source: maps.simcoe.ca The following pictures depict the subject property and surrounding neighbourhood character: Township of Oro- Medonte Page 3 Page 72 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... 3.0 Development Proposal The lot proposed for severance will possess approximately 30.0 m (98.4 ft) of frontage along Oro Medonte Line 4 North. The lot will possess a depth of 181.0m (593.8 ft) and have an overall lot area of 2.04 ha (5.03 acres). The proposed lot represents all of lot 1 from the draft approved Whispering Creek Estates Subdivision. Lot 1 is divided from the remainder of the subdivision development by the Willow Creek tributary which passes between the two entities (Block 18). Figure 2 displays the proposed severed lot within the Plan of Subdivision. Severance Report IPS File No: 10 -315 Figure 2: Proposed Severed Lot Source: Whispering Creek Estates Subdivision Plan The proposed severed lot will not require nor be connected to any of the servicing (roads, electricity, communication, etc.) to be constructed for Whispering Creek Estates subdivision. As such it can be considered a separate entity from the remainder of the subdivision. 1802281 Township of Oro Medonte Page 4 Page 73 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... Ontario Limited has a purchaser ready to buy this severed lot and commence building on it as soon as possible. The configuration of the severed lot is consistent in frontage, and larger in size when compared to the remaining lots in the approved Draft Plan of Subdivision, as well as the existing lots within Edgar. The Draft Plan of Subdivision is attached as Appendix 2. The proposed severed lot is currently vacant. In future the lot will possess an entrance from Oro Medonte Line 4N, and serviced by a private individual well and private septic system. The lot proposed to be severed by this application was designed to maintain the character of the community, respect the natural attributes and environmental features, and conform to the applicable zoning standards. The site plan for the proposed development is attached as Appendix 1. 4.0 PLANNING POLICY CONFORMITY Provincial Policy Section 1.6.4.4 on Sewage and Water states individual on -site sewage services and individual on- site water services shall be used for a new development of five lots or less or private residences where municipal sewage services and municipal water services or private communal sewage services and private communal water services are not provided and where site conditions are suitable for the long -term provision of such services. The proposed severed and retained lots will possess both private water and septic services, maintaining consistency with this policy. Severance Report IPS File No: 10 -315 4.1 Provincial Policy Statement Section 3 of the Planning Act requires that decisions affecting planning matters "shall be consistent with" policy statements issued under the Act. Township of Oro Medonte Page 5 Page 74 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... The subject property is classified as a Rural Settlement Area where the local Official Plan permits development on private services. The proposed land use pattern can be considered efficient based on the servicing methodology proposed while protecting the character of the surrounding community. 4.2 Places to Grow Growth Plan for the Greater Golden Horseshoe The subject site is located within the rural settlement area of Edgar. As such, the following Growth Plan Policies apply: Section 2.2.9 Rural Areas 1. Rural settlement areas are key to the vitality and economic well -being of rural communities. Municipalities are encouraged to plan for a variety of cultural and economic opportunities within rural settlement areas to serve the needs of rural residents and area businesses. The Growth Plan defines Settlement Areas as urban areas and rural settlement areas within municipalities (such as cities, towns, villages and hamlets) where: a) development is concentrated and which have a mix of land uses; and b) lands have been designated in an official plan for development over the long term planning horizon provided for in the Provincial Policy Statement, 2005. The community of Edgar is considered a Rural Settlement Area in the Township of Oro Medonte Official Plan. The Places to Grow Plan identifies Rural Settlement Areas as an area in which growth and development should be concentrated. The proposed severance is in conformity with Section 2.2.9. Severance Report Township of Oro Medonte IPS File No: 10-315 Page 6 Page 75 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... SMI OFFICIAL PLAN 4.3 County of Simcoe Official Plan The County of Simcoe Official Plan was adopted by County Council on October 28 1997 and approved by the Ministry of Municipal Affairs and Housing on April 1s`, 1998. The subject property is designated `Settlement' in the County of Simcoe Official Plan as it is within the limits of the settlement of Edgar; see Figure 3. Section 3.5 of the Official Plan details policies for Settlements. They are as follows as they relate to the subject application. 3.5.1 To utilize existing settlements where appropriate in accordance with the policies of this Plan, as the setting for urban uses and /or most non resource related growth and development. 3.5.2 To develop a compact urban form that promotes the efficient use of land and provision of water, sewer, transportation, and other services. In the case of the proposed severed lot, the size and shape are dictated to the North by existing residential housing, to the East by a Willow Creek tributary, and to the South by the settlement boundary of Edgar. Frontage along Oro Medonte Line 4N also exists for one lot only, making it impossible to create smaller lot sizes by severing more than one lot. Thus, the proposed lot pattern conforms with the Official Plan. 3.5.4 Settlement areas shall be the focus of growth and their vitality and regeneration shall be promoted. The boundaries of settlement areas are shown in local municipal official plans and are considered to be the approved settlement area boundaries of this Plan. 3.5.8 Settlement areas should be planned to accommodate a diversity of land uses, including residential, commercial, industrial, and institutional, to reinforce their traditional role as central places and service centres. 3.5.12 In Settlement Designations, subdivision may occur by plan or by consent. Expansion of Settlement Designations should normally be by plan of subdivision, while urban infill may take place through subdivision by consent. Severance Report Township of Oro Medonte IPS File No: 10 -315 Page 7 Page 76 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... The Official Plan specifically states that settlement areas shall be the focus of growth and regeneration shall be promoted. The proposed development represents growth within a defined settlement area within the County of Simcoe. The Official Plan also states that subdivision may occur by consent, as is the case in this application. Figure 3: Official Plan Land Use Designation Source: Coun of Simcoe Official Plan Schedule 5.1 Section 4.7.2 states where a servicing feasibility study concludes that the provision of full municipal or communal services cannot be implemented for the types of development identified in Section 4.7.1, and private individual sewage and water systems are proposed in keeping with the other policies of this Plan, a settlement capability study is required. Draft Approval of the Whispering Creek Estates Subdivision proves suitability of private individual services for the proposed severed lot. Proposed locations of the well and septic system are shown in Appendix 3. Severance Report Township of Oro Medonte IPS File No: 10 -315 Page 8 Page 77 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... In accordance with the County of Simcoe Official Plan, the development being proposed represents responsible planning. 4.4 Township of Oro Medonte Official Plan The subject property is designated Rural Settlement Area according to the Township of Oro Medonte Official Plan Schedule A Land Use as shown in Figure 4. The Official Plan as it applies to the proposed severance is documented in the following section. Section A3.2.3 states the Rural Settlement Area designation applies to the rural service centre or residential community of Edgar. Section A4.2.7 states that limited growth on private services will occur in Edgar as it currently functions as a small rural service centre. Edgar is currently not serviced with a municipal water system T •invited infilling and small-scale development by Plan of Subdivision on private services may be permitted in Edgar. The following application to sever one (1) lot represents limited growth on private services as is deemed the direction for Edgar in the Official Plan. Section A5.2 on Servicing within Edgar states that servicing is by individual privately owned wells and septic systems. Where more than five lots are proposed, this would be confirmed by a hydrogeological assessment prepared by the applicant to the satisfaction of Council and the appropriate agencies. Severance Report Township of Oro Medonte IPS File No: 10 -315 Page 9 Page 78 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... Figure 4: Official Plan Land Use Designation Source: Township of Oro- Medonte Official Plan Schedule W The proposed severed lot will be on a privately owned well and septic system as is permitted in the Official Plan. In addition to this, the suitability of private services for the subject lot was justified within the Hydrogeological report submitted with the Whispering Creek Estates Subdivision application. Section C3 states one of the objectives of Rural Settlement Areas is to maintain and create attractive communities with suitable amenities. Another objective is to ensure that settlement areas are developed in a logical and cost effective manner. Section C3 also states permitted uses within the Rural Settlement Area designation include low density residential uses as is proposed by this severance application. The subject severance supports these objectives as it represents a low density residential use possessing a logical lot size, shape, and location while being cost- effective. Severance Report Township of Oro Medonte IPS File No: 10 -315 Page 10 Page 79 of 140 Pruv i,in Ilctluin d ['Alec! `n' Min. Lot Area 0.2 ha 2.04 ha Min. Lot Frontage 30 m 30.0 m Min. Front Yard 7.5 m >7.5 m Min. Rear Yard 7.5 m >7.5 m Min. Interior Side Yard 2.5 m >2.5 m Min Exterior Side Yard 4.5 m >4.5 m Min. 1s` Floor Area 90 m2 >90m2 Maximum Height 11 m 11 m 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... TOWNSHIP OF OR0#OONT4 ZONING BY4AW Proud Herinw, Fvtna( MIMIC 5.0 Township of Oro Medonte Comprehensive Zoning By -law (Consolidated 2010) The subject lot to be severed is currently zoned Residential Zone One (R1) with a Holding provision (H) attached in the Township of Oro Medonte Comprehensive Zoning By -law as shown in Figure 5. Table 2 provides a comparison of the R1 Zoning requirements vs. the proposed lot. As per Table Al within the Comprehensive Zoning Bylaw, single detached dwellings are permitted within the R1 zone as is proposed by this severance and subsequent development. The severed parcel and subsequent development of a single detached residential dwelling will conform to all requirements within the Township of Oro Medonte Zoning Bylaw without exception. It is requested that the Holding provision be lifted as a condition of consent approval by a deposition in front of Township Council. The holding provision is currently in place until Whispering Creek Estates subdivision agreement is in place, however once the lot is severed it can be considered a separate entity from the remainder of the Subdivision. Table 2: Zoning provision comparison (R1) Severance Report IPS File No: 10 -315 Township of Oro Medonte Page 11 Page 80 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... 1 EIRI1LL ON laws 6.0 Conclusion Figure 5: Subject lot zoning Source: Township of Oro Medonte Zoning Bylaw Map A -12 II t' A /RU 1 The result of the following severance application will create one new lot for residential purposes within the Settlement Area of Edgar. The lot proposed has already been established by the draft approval of Whispering Creek Estates Subdivision by the Township of Oro Medonte. The proposed severance serves to accelerate building activity within the community of Edgar on a lot that is separated from the remainder of the subdivision development which requires servicing (roads, utilities, infrastructure, etc.). The proposed lot conforms to the Provincial Policy Statement, County of Simcoe Official Plan, Township of Oro Medonte Official Plan, and Township of Oro Medonte Zoning By -law. Having said this, it is my professional opinion that the following severance application represents good planning. Severance Report Township of Oro Medonte IPS File No: 10 -315 Page 12 Page 81 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... Respectfully submitted, Innovative Planning Solutions Darren Vella, B.Sc President Cameron Sellers Junior Planner Severance Report Township of Oro Medonte IPS File No: 10 -315 Page 13 Page 82 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... APPENDIX 1 Severance Report Township of Oro Medonte IPS File No: 10 -315 Page 14 Page 83 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... APPENDIX 2 Severance Report Township of Oro Medonte IPS File No: 10 -315 Page 15 Page 84 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... 6 z SO o z F Z$ F a EN, ovs50 aS a o LL a g a e cn o 1 °Li®"" g aNV b SNOISS30NO0 N33M138 33NVM077V QVOb Page 85 of 140 CONCEPT UF<AF 1 PLAN OF SUBDIVISION 91 1 /91 OT 11. CONCESSION 5 a,w aaw�viaaamm.,xoweax36 v °Q1 ,n bO' nnmm 1 e i 3iV313LL2133 S.L13NM0 SURVEYOR'S CERTIFICATE. MOUSY ClIttreiKKr. S.W.. 7..0709ESUCINV4VOCtill. iw .nrm.oe,..' ADDITIONAL INFORMATION REQUIRED UNDER SECTION 51(17) OF THE PLANNING ACT R.S.O. 1990,o.P.13, AS AMENDED .97101. C MINN ovc rsrwE A MUNICIPAL WATUMPPLY LLCM meow 3 ""F1- 4 a s E n XS fle y o il ypo II 1 T I: 1 REA SCHEDULE LAND USE SUMMARY E gg k 2 Q Z (EY PLAN ,pkrv, &SA ra r _J1e a, 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... Y �a 0 l \v F•' y y// r v y -C. .y 1 C �.t y C `y Y Page 86 of 140 5d) 2010 -E 2281 Ontario Limited Ro. Page 87 of 140 sJ aTeq,Ad ww■ OS? P V c I L CO I rl J J 0 3 EH peurels pesactosa pOjeAas pas-odol,i 9 I C) 1 1 N 00 0 c ICI 011 1 0 10 0 0 010" 0301011 1 }00 troporio 4 illm N r CD I 1 3FJl1 0 ti LOZ 5d) 2010 -E 2281 Ontario Limited Ro. Page 87 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... 0 O l-1 00 N 0 00 1 Gm NO6S NO s 0 J 39 30NVMQ776' GYON t Page 88 of 140 5d) 2010-B-24 1802281 Ontario Limited 1099 Old Barrie Ro... N Y N 1 r''C' \f k, c /4, A 4 1, A 1 4 f V" 4 1, -K .4. e A' 4 V e 1 1 N S" /n 7 1 Page 89 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1 n99 nIrl Rarrie Ro... Page 90 of 140 0 CO co 4'J O C Q O� U cu 00 v) cu N N o CD 4S 00 L 0 iti o (NJ v) co CO 6 ,--1 0 N 5d) 2010 -B -24 1802281 Ontario Limited 1 fQ9 nirl Rarrie Ro... Page 91 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1099 Old Barrie Ro... Page 92 of 140 5d) 2010 -B -24 1802281 Ontario Limited 1(ig9 C)Id Rarria Ro... Page 93 of 140 Application No: 2010 -A -28 To: Committee of Adjustment Prepared By: Alan Wiebe, Planner Meeting Date: August 19, 2010 Subject: Variance Application (Jesse McKerroll) Part of Lot 1, Concession 8 3225 Line 7 North (Former Township of Oro) Motion Roll 4346 010 003 -35500 R.M.S. File D13 40752 5e) <span style "font- family: arial; letter- spacing: -0.1 pt; fon... l'rnnd Hniingq Exciting Fam.r TOWNSHIP OF ORO- MEDONTE REPORT REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 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 that the proposed agricultural building be located no closer than approximately 23 metres from the front lot line of the subject property; 2. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 3. That the applicant obtain any permits and /or approvals, if required, from Nottawasaga Valley Conservation Authority, if applicable; and 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 by the Planning Act R.S.O. 1990, c.P. 13. I BACKGROUND: The purpose of this report is to consider Variance Application 2010 -A -28, for relief from the Township's Zoning By -Law in relation to reducing the minimum required setback from the front lot line for an agricultural building. The subject property has an area of approximately 4 hectares (10 acres), frontage on Line 7 North of approximately 265 metres (870 feet), and a depth of approximately 164.6 metres (540 metres). Properties surrounding the subject property to the north, east, and south, are also zoned Agricultural /Rural (A/RU) Zone, and properties to the west of the subject property are zoned Agricultural /Rural (A/RU) Zone and Environmental Protection (EP) Zone. The proposed agricultural building is proposed to be located approximately 23 metres (75.5 feet) from the front lot line, approximately 184.4 metres (605 feet) from the interior side lot line to the south, and approximately 32.6 metres (107 feet) from the existing dwelling on the subject property. Development Services Meeting Date August 19, 2010 Application No. 2010 -A -28 Page 1 of 5 Page 94 of 140 5e) <span style "font- family: arial; letter- spacing: -0.1 pt; fon... I ANALYSIS: The applicant is requesting the following relief from Table B4 C of Zoning By -law 97 -95: (Required) (Proposed) Table B4 C Minimum setback from front lot line 30.0 metres (98.4 feet) 23 metres (75.5 feet) I FINANCIAL: Not applicable. I POLICIES /LEGISLATION: Does the variance conform to the general intent of the Official Plan? The property is designated Rural and Oro Moraine Boundary in the Township's Official Plan. Section C2.1 of the Official Plan states that the objectives of the Rural designation are: "To preserve and promote the rural character of the Township and the maintenance of the open countryside. To prevent the intrusion of land uses which are incompatible with the rural character and /or resource activities of the area." Section C2.2 of the Official Plan states that permitted uses in the Rural designation are agriculture, single detached dwellings which includes accessory uses. A small portion of the subject property is within the Oro Moraine Boundary, however, the proposed location of the agricultural building does not appear to be within the Oro Moraine Boundary. The policies of the Official Plan related to the Oro Moraine do not limit the construction of the proposed agricultural building. 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 zoned Agricultural /Rural (A/RU) Zone in the Township's Zoning By -Law. Permitted uses in the Agricultural /Rural (A/RU) Zone include agricultural uses, single detached dwellings, and accessory uses. The subject property has an existing dwelling with a footprint of approximately 97.5 square metres (1050 square feet), a barn with a footprint of approximately 92.9 square metres (1000 square feet), and a garage with a footprint of approximately 86.9 square metres (935 square feet). Table B4 C of the Zoning By -Law requires agricultural building to be located a minimum of 30 metres from a property's front lot line. The purpose of the setback for agricultural buildings from the front lot line is to ensure an appropriate degree of separation between agricultural uses on a property and uses on neighbouring properties, and to reduce any adverse visual impact caused by the agricultural building on surrounding properties. Development Services Meeting Date August 19, 2010 Application No. 2010 -A -28 Page 2 of 5 Page 95 of 140 5e) <span style "font- family: arial; letter- spacing: -0.1 pt; fon... The site plan drawing submitted with Variance Application 2010 -A -28 shows a 54 foot by 20 foot shed located 4 feet and 8 inches from the front lot line, between the location of the proposed agricultural building and the front lot line. An inspection of the proposed minor variance revealed that a vegetative buffer exists between that existing shed and the front lot line, which continues toward the interior side lot line to the south of the subject property, beginning from approximately the northern most point of the shed. This vegetative buffer is anticipated to reduce the visual impact of a reduced setback from the front lot line for the proposed agricultural building. On this basis, the proposal is considered to comply with the general intent of the Zoning By -Law. Is the variance appropriate for the desirable development of the lot? Based on the above, the application to reduce the required setback from the front lot line for the proposed agricultural building appears to be appropriate for the desirable development of the lot. Is the variance minor? As this application is anticipated not to have an adverse effect on the character of the surrounding agricultural and rural area, the proposed variance is considered to be minor. I CONSULTATIONS: Transportation and Environmental Services Building Department- proposal appears to meet minimum standards Engineering Department Nottawasaga Valley Conservation Authority (NVCA) the location of the proposed building is located within an area under the regulatory jurisdiction of the NVCA whereby a permit (for clearance) is required under the Conservation Authorities Act prior to development ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan CONCLUSION: In the opinion of the Planning Department, Variance Application 2010 -A -28, to reduce the required setback from the front lot line for an agricultural building appears to meet the four tests of the Planning Act. Respectfully submitted: 1 ,t6 e Alan Wiebe Planner Development Services Application No. 2010 -A -28 Reviewed by: Le Glenn White, MCIP, RPP Manager, Planning Services Meeting Date August 19, 2010 Page 3 of 5 Page 96 of 140 5e) <span style "font- family: arial; letter- spacing: -0.1 pt; fon... Development Services SCHEDULE 1: LOCATION MAP 2010 -A -28 (Jesse McKerroll) HORSESHOE=VALLEYTROADW k /11111111 SUBJECT PROPERTY L ip wki WARP z nl ril w z J HORSESHOELVALLEY—E:: 0 125 250 500 Meters Meeting Date August 19, 2010 Application No. 2010 -A -28 Page 4 of 5 Page 97 of 140 5e) <span style "font- family: arial; letter- spacing: -0.1 pt; fon... SCHEDULE 2: SITE PLAN 2010 -A -28 (Jesse McKerroll) Development Services Application No. 2010 -A -28 Meeting Date August 19, 2010 Page 5 of 5 Page 98 of 140 m t `9/ f I L IJ r f .,�;f emu/ //o r 1 f i y t1 ri:A."'Vl e l k 'T t o f I I i s 1 1 m Q‘'h t\''. f X t 5e) <span style "font- family: arial; letter- spacing: -0.1 pt; fon... SCHEDULE 2: SITE PLAN 2010 -A -28 (Jesse McKerroll) Development Services Application No. 2010 -A -28 Meeting Date August 19, 2010 Page 5 of 5 Page 98 of 140 5e) <span style "font- family: arial; letter- spacing: -0.1 pt; fon... Page 99 of 140 1 c ric ac ci o-.r I 3 A A9 It e M1 V. ip Lc 5e) <span style "font- family: arial; letter- spacing: -0.1 pt; fon... qtql Jth 21 3 ..1 OgsB 0 u 9 �0. 1 1 e Page 100 of 140 5e) <span style "font- family: arial; letter- spacing: -0.1 pt; fon... Page 101 of 140 5e) <span style "font- family: arial; letter- spacing: -0.1 pt; fon... p5AG �i JP� +o 1� y 00 -Ark Zu 0 P AT:NG 50 96 0 -20 Member Municipalities Adjata- Tosorontio Amaranth Barrie The Blue Mountains Bradford -West Gwillimbury Clearview Collingwood Essa Grey Highlands Innisfil Melancthon Mono Mulmur New Tecumseth Oro Medonte Shelburne Springwater Wasaga Beach Watershed Counties Dufferin Grey Simcoe Member of Conservation ONTARIO August 12, 2010 Steven Farquharson, Secretary- Treasurer Committee of Adjustment Township of Oro Medonte P.O. Box 100 Oro, Ontario LOL 2X0 Dear Mr. Farquharson; Re: Application for Minor Variance 2010 -A -28 Part Lot 1, Concession 8, 3225 Line 7 North Township of Oro Medonte (Formerly Township of Oro) The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this application for minor variance and based upon our mandate and policies under the Conservation Authorities Act, we have no objection to its approval. We advise the location of the proposed building is located within an area under the regulatory jurisdiction of the NVCA whereby a permit (or clearance) is required under the Conservation Authorities Act prior to development. 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 102 of 140 5e) <span style "font- family: otter- spacing: -0.1 pt; fon... Page 103 of 140 I I o Q 0 III sJ 0}®1ry 009 O W J Q 111 0 r ■9Z 9Z L 0 z 0 111 0 Kei 0 v r r r p X Or r pr r N1 1 Ni Q N r a 3 Q 11.1 illii .+L c =1 D J d J_ W r.-' 3TOZ I 1 11 W VJ W I 410 to Il 110104 k 5e) <span style "font- family: otter- spacing: -0.1 pt; fon... Page 103 of 140 5e) <span style "font- family: arial; letter- spacing: -0.1 pt; fon... 0 L... W 0 2 Page 104 of 140 5e) <span style "font- family: arial; letter- spacing: -0.1 pt; fon... Page 105 of 140 5e) <span style "font- family: arial; letter- spacing: -0.1 pt; fon... Page 106 of 140 5e) <span style "font- family: arial; letter- spacing: -0.1 pt; fon... Page 107 of 140 5e) <span style "font- family: arial; letter- spacing: -0.1 pt; fon... Page 108 of 140 5e) <span style "font- family: arial; letter- spacing: -0.1 pt; fon... Page 109 of 140 5e) <span style "font- family: arial; letter- spacing: -0.1 pt; fon... Page 110 of 140 Application No: 2010 -A -29 To: Committee of Adjustment Prepared By: Alan Wiebe, Planner Meeting Date: August 19, 2010 Subject: Variance Application (James Rogers) Plan 626, Lot 105 79 Stanley Avenue (Former Township of Oro) Motion Roll 4346 010 -010 -16200 R.M.S. File 5f) 2010 -A -29 James Rogers 79 Stanley Avenue, Plan 626, 61;:ii- V,0■l Hr.ilep., LAY irinp y'u,nre TOWNSHIP OF ORO- MEDONTE REPORT REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision, with respect to the construction of a single detached dwelling on the subject property: a. that the exterior side yard and rear yard setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; b. that the first storey floor area for the dwelling be no Tess than approximately 88.971 square metres; c. that the interior side yard setback be in conformity with Table B1 of the Township's Zoning By- Law 97 -95; d. 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 first storey floor area for the proposed single detached dwelling on the subject property be no less than approximately 88.971 square metres, and that the yard setbacks be no less than the following: i. 7.5 metres from the front lot line, ii. 3.27 metres from the exterior side lot line, iii. 5.0 metres from the rear lot line, and iv. 3.0 metres from the interior side lot line. e. that the applicant obtain any permits and /or approvals, if required, from Lake Simcoe Region Conservation Authority, if applicable; and f. 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. I BACKGROUND: Development Services Application No. 2010 -A -29 Meeting Date August 19, 2010 Page 1 of 9 Page 111 of 140 5f) 2010 -A -29 James Rogers 79 Stanley Avenue, Plan 626, The subject property occupies an area of approximately 0.0463 hectares, has a frontage on Stanley Avenue of approximately 17.94 metres, and a depth ranging between 26.02 metres and 27.29 metres. The applicant is proposing to construct a three storey single detached dwelling occupying a "ground floor area" of 88.971 square metres, standing 10.594 metres above grade, and located 1.2 metres from the subject property's interior side lot line, 3.27 metres from the exterior side lot line, 5.0 metres from the rear lot line, and 8.493 metres from the front lot line. The subject property currently contains a single detached dwelling located at approximately 1.7 metres from the front lot line, 1.26 metres from the exterior side lot line, and 6.56 metres from the interior side lot line, and is noted to occupy an area of approximately 66.742 square metres. The purpose of this report is to consider Minor Variance Application 2010 -A -29, for relief from the Township's Comprehensive Zoning By -law in relation to the: 1. minimum first storey floor area for a single detached dwelling, 2. minimum required setback from the rear lot line, 3. minimum required setback from the exterior side lot line, and 4. minimum required setback from the interior side lot line. I ANALYSIS: The applicant is proposing to construct a three storey single detached dwelling occupying a "ground floor area" of 88.971 square metres, standing 10.594 metres above grade, and located 1.2 metres from the subject property's interior side lot line, 3.27 metres from the exterior side lot line, 5.0 metres from the rear lot line, and 8.493 metres from the front lot line. The applicant is requesting the following relief from Table B1 of Zoning By -law 97 -95: Zone: Shoreline Residential (RLS) Zone 1. Minimum first storey floor area 2. Minimum required rear yard 3. Minimum required exterior side yard 4. Minimum required interior side yard I FINANCIAL: Not applicable. POLICIES /LEGISLATION: Do the variances conform to the general intent of the Official Plan? The subject property is designated Shoreline in the Official Plan. Section C5.1 of the Official Plan states that the objectives of the Shoreline designation are: "To maintain the existing character of this predominantly residential area. To protect the natural features of the shoreline area and the immediate shoreline Development Services Application No. 2010 -A -29 Required 90 square metres 7.5 metres 7.5 metres 3.0 metres Proposed 88.971 square metres 5.0 metres 3.27 metres 1.2 metres Meeting Date August 19, 2010 Page 2 of 9 Page 112 of 140 5f) 2010 -A -29 James Rogers 79 Stanley Avenue, Plan 626, To ensure that existing development is appropriately services with water and sewer services." Section C5.2 of the Official Plan states that "Permitted uses on lands designated Shoreline are single detached dwellings and accessory uses. Therefore, on this basis, the four proposals for variances in the "Analysis" section, above, are considered to conform with the general intent of the Official Plan. Do the variances meet the general intent of the Zoning By -law? The subject property is zoned Shoreline Residential (SR) Zone in the Township's Zoning By -Law. Permitted uses in the Shoreline Residential (SR) Zone include single detached dwellings and accessory buildings. Due to the effects of the dimensions and size of the subject property on the opportunity to construct a new single detached dwelling, the relief sought from Zoning By -Law 97 -95 are also evaluated in consideration of the area and frontage of the subject property. Table B1 of the Zoning By -Law requires a minimum lot area in the Shoreline Residential (SR) Zone of 0.2 hectares, and a minimum lot frontage of 30 metres. The purpose for minimum lot area and minimum lot frontage provisions in the Zoning By -Law is to regulate the size and visual prominence of properties within specific zones, to ensure relative consistency in the character of properties on the basis of the respective zone(s) within which they are located. At approximately 0.0463 hectares in size, with a frontage on Stanley Avenue of approximately 17.94 metres, the subject property is deficient in the minimum required lot size and lot frontage for a property in the Shoreline Residential (SR) Zone. With respect to "Non- complying lots section 5.17.1 of the Zoning By -Law states that "A lot in existence prior to the effective date of this By -law that does not meet the lot area and/or lot frontage requirements of the applicable Zone, may be used and buildings thereon may be erected, enlarged, repaired or renovated provided the use conforms with the By -law and the buildings or structures comply with all of the other provisions of this By- law." 1. Minimum first storey floor area With respect to the proposal for a reduction in the minimum first storey floor area for a single detached dwelling, from 90 square metres to 88.971 square metres, the purpose of the minimum first storey floor area provision in the Zoning By -Law is to ensure that a relatively consistent character of dwelling will be maintained on properties within the Township. Based on the information provided with the application, the existing dwelling on the subject property is considered to be a non complying building in terms of the first storey floor area it occupies, at approximately 66.742 square metres. Therefore, on the basis that: 1) a single detached dwelling is a permitted use in the Shoreline Residential (SR) Zone, 2) buildings may be erected on non- conforming lots, and 3) the proposed first storey floor area occupies an area of approximately 89 square metres and the minimum required first storey floor area is 90 square metres, the proposed reduction in the minimum first storey floor area provision of the Zoning By -Law is considered to comply with the general intent of the Zoning By -Law. Development Services Meeting Date August 19, 2010 Application No. 2010 -A -29 Page 3 of 9 Page 113 of 140 5f) 2010 -A -29 James Rogers 79 Stanley Avenue, Plan 626, 2. Minimum required rear yard With respect to the proposal for a reduction in the minimum required rear yard for a single detached dwelling, from 7.5 metres to 5.0 metres, the purpose of the minimum required rear yard setback provision in the Zoning By -Law is to ensure that an appropriate degree of separation will be maintained between activities on properties adjacent to one another. A site inspection of the subject property revealed that the rear yard is facing a fence of approximately six feet in height, along the interior side lot line of the neighbouring property to the south of the subject property, and that the rear yard is not presently occupied by a vegetative buffer or other significant features. Therefore, on this basis, the proposed reduction in the minimum rear yard setback is considered to comply with the general intent of the Zoning By -Law. 3. Minimum required exterior side yard With respect to the proposal for a reduction in the minimum required exterior side yard for a single detached dwelling, from 7.5 metres to 3.27 metres, the purpose of the minimum required exterior side yard setback provision in the Zoning By -Law is to: 1) ensure that a consistent character will be maintained within required yards that front on a street, and 2) ensure that an appropriate sight line will be maintained for traffic while it approaches an intersection, and that no buildings or structures will obstruct travellers' ability to see oncoming vehicular and /or pedestrian traffic. A site inspection of the subject property, and a review of the site plan and survey drawings submitted with the application for variance revealed that the existing dwelling lies within the required sight line at the intersection of Stanley Avenue and Simcoeside Avenue. Based on a site inspection and the site plan drawing submitted with the application, the proposed location of a new single detached dwelling, at 8.493 metres from the front lot line and 3.27 metres from the exterior side lot line, would be in compliance with Section 5.34 of Zoning By -Law 97 -95 "Sight Lines on a Corner Lot Therefore, on this basis, the proposed reduction in the minimum exterior side yard setback is considered to comply with the general intent of the Zoning By -Law. 4. Minimum required interior side yard With respect to the proposal for a reduction in the minimum required interior side yard for a single detached dwelling, from 3.0 metres to 1.2 metres, the purpose of the minimum required interior side yard setback provision in the Zoning By -Law is to ensure that an appropriate degree of separation will be maintained between dwellings on properties adjacent to one another, and to allow for access to the rear yard by emergency services, or other equipment. A site inspection of the subject property revealed that there is an existing vegetative buffer between the subject property and the neighbouring property to the west (which share the interior side lot line subject to the proposed variance), which consists of a row of cedar trees. During this site inspection, it was noticed that stakes and paint illustrated the proposed location of a new single detached dwelling on the subject property as being located near the base of the cedar trees near the interior side lot line, specifically, within the approximate drip line for the existing vegetative buffer. As the purpose of the interior side yard setback is to maintain a degree of separation between dwellings on properties Development Services Meeting Date August 19, 2010 Application No. 2010 -A -29 Page 4 of 9 Page 114 of 140 5f) 2010 -A -29 James Rogers 79 Stanley Avenue, Plan 626, adjacent to one another, and the purpose of a vegetative buffer is to maintain a degree of privacy for residents of neighbouring dwellings, the proposed location of a single detached dwelling within the drip line of the existing vegetative buffer may conceivably have an adverse affect on the exiting vegetative buffer between the subject property and the adjacent property to the west. Therefore, in the opinion of the Planning Department, as a reduction in the minimum required interior side yard setback would be anticipated to have an adverse effect on the vegetative buffer, this proposed reduction would also be anticipated to have an adverse effect on the privacy of the resident(s) of the subject property and the resident(s) of the neighbouring property to the west. It is note that, until this intended replacement of the existing dwelling on the subject property with a new dwelling in a different location, the neighbouring property to the west has enjoyed significant privacy from the existing dwelling, which lies at approximately 6.56 metres from the interior side lot line. It is the opinion of the Planning Department that the proposed variances 1 through 3, identified above, could create the ability to construct a new dwelling which meets the general intent of the Zoning By- Law. However, the variance sought from the minimum required interior side yard does not meet the general intent of the Zoning By -Law. Therefore, on this basis, the proposed reduction in the minimum interior side yard setback is not considered to comply with the general intent of the Zoning By -Law. Are the variances appropriate for the desirable development of the lot? With respect to the proposals for variances 1 through 3, above, for reductions in the minimum required first storey floor area for a single detached dwelling, minimum required rear yard setback, and minimum required exterior side yard setback, as they are considered to conform with the general intent of the Official Plan, comply with the general intent of the Zoning By -Law, and are not anticipated to have an adverse effect on the surrounding area, the proposed variances are considered appropriate for the desirable development of the lot. With respect to the proposal for variance from the minimum required interior side yard setback, the neighbouring property to the west would experience an impact on its privacy with the construction of a new dwelling at the required 3.0 metre setback, given the existing dwelling is set back 6.56 metres from this lot line. This impact on its privacy would suffer a further cumulative effect through the reduction of the required setback from 3.0 metres to 1.2 metres, and the anticipated impacts of this reduction on the existing vegetative buffer. Therefore, this proposed variance is not considered appropriate for the desirable development of the lot. Are the variances minor? With respect to the proposals for variances 1 through 3, above, for reductions in the minimum required first storey floor area for a single detached dwelling, minimum required rear yard setback, and minimum required exterior side yard setback, as they are not anticipated to have an adverse effect on the surrounding area, the proposed variances are considered to be minor. With respect to the proposal for variance 4, above, for a reduction in the minimum required interior side yard setback, as it would be anticipated to have an adverse effect on the surrounding area, the proposed variance is not considered to be minor. Development Services Meeting Date August 19, 2010 Application No. 2010 -A -29 Page 5 of 9 Page 115 of 140 5f) 2010 -A -29 James Rogers 79 Stanley Avenue, Plan 626, I CONSULTATIONS: Transportation and Environmental Services Building Department Engineering Department I ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Schedule 3: First Storey Floor Plan I CONCLUSION: In the opinion of the Planning Department, portions of Variance Application 2010 -A -29, specifically, to permit a single detached dwelling to be constructed as near as 3.27 metres from the exterior side lot line and 5.0 metres from the rear lot line, and to have a first storey floor area of approximately 88.971 square metres on the subject property, appear to meet the four tests of the Planning Act. In the opinion of the Planning Department, a portion of Variance Application 2010 -A -29, specifically, to permit a single detached dwelling to be constructed as near as 1.2 metres from the interior side lot line on the subject property, does not appear to meet the four tests of the Planning Act. Respectfully submitted: Reviewed by: 6 1 IM-,449 Alan Wiebe Glenn White, MCIP, RPP Planner Manager, Planning Services Development Services Meeting Date August 19, 2010 Application No. 2010 -A -29 Page 6 of 9 Page 116 of 140 5f) 2010 -A -29 James Rogers 79 Stanley Avenue, Plan 626, Development Services Application No. 2010 -A -29 EMI SUBJECT PROPERTY SCHEDULE 1: LOCATION MAP 2010 -A -29 (James Rogers) LAKE SIMCOE 0 25 50 Meeting Date August 19, 2010 Page 7 of 9 100 Meters Page 117 of 140 5f) 2010 -A -29 James Rogers 79 Stanley Avenue, Plan 626, off i r SCHEDULE 2: SITE PLAN 2010 -A -29 (James Rogers) STANLEY AVENUE A7 10015113R])•IXtTMI In Ou001CY .14xti dIIP W[lML •Kl'Mtl0' l i Development Services Meeting Date August 19, 2010 Application No. 2010 -A -29 Page 8 of 9 Page 118 of 140 5f) 2010 -A -29 James Rogers 79 Stanley Avenue, Plan 626, PM SCHEDULE 3: FIRST STOREY FLOOR PLAN 2010 -A -29 (James Rogers) SINN t1N PO 5 tairl Development Services Application No. 2010 -A -29 IMO 5 N 7.1R $J11 Meeting Date August 19, 2010 Page 9 of 9 5 5 IS Page 119 of 140 50 2010 -A -29 James Rogers 79 Stanley Avenue, Plan 626, Page 120 of 140 5f) 2010-A-29 James Rogers 79 Stanley Avenue, Plan 626, Page 121 of 140 i Alk q Ci A Ala %al I ./9C .e009000 0 E91 ZVI. wpdiood 6up1ng :000003101 W000 9ZZ •ape09 paysiuld WE99 17ZZ ..loold luawases u. 4ZZ ugood lo wouog Wg 1.9 LZZ *.00ld paysluid I /01 :puebai uoneuuolui elIS 09009 I 1 ..A Dg 13 1 11 N '"e ILI 11 j...... 1 1 3.00L3.6E IIM 91P0 ..9P...0+d .r' .444 i /11-822 v.,. me itlaJaino 1 i I 1 I I (11) t i r- 0 1 awl qm.3 ZtO 0 VL Z94 L (i) IlaMmeN1 _7 ward snipaN 09 1 N/ OLZ 0 Ep Ap■apiwoo panowa, aq I sq Ham alanqw 0u,six3 I 05 0 m Z C I m I 1 I I 1 o al 'I, I g 1 riu.s OLZ E. o 009 9,9 f i I r a t 1.s. 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