07 15 2010 C of A MinutesTownship e (9,oa 1J edo ,it�
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Thursday, July 15, 2010 Time: 9:30 a.m.
Present:
Bruce Chappell, Chair
Roy Hastings
Garry Potter
THE TOWNSHIP OF ORO- MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING MINUTES
Council Chambers
Lynda Aiken
Michelle Lynch
Staff present: 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.
3. DISCLOSURE OF PECUNIARY INTEREST
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
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
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
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
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
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, 51R-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
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, 51R-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 Tess then
approximately 22 metres;
2. And That the applicants satisfy County of Simcoe By -laws #5544 and #5604.
Carried.
Page 7 of 13
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
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 9of13
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
Committee of Adjustment Minutes Thursday, July 15, 2010
1) 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
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
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.
Buce G ha eII,
pQtiair p
Carried.
Steven ar .•rdrirSecretary Treasurer
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Page 13 of 13