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10 21 2010 C of A AgendaPage 3 -9 10 -23 24 -44 45 -57 58 -79 80 -92 93 -107 108 -126 g) Township of Proud Heritage, Exciting Future 1. OPENING OF THE MEETING BY THE CHAIR 2. ADOPTION OF AGENDA a) Motion to adopt the agenda. 3. DISCLOSURE OF PECUNIARY INTEREST 4. ADOPTION OF MINUTES THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING AGENDA COUNCIL CHAMBERS Thursday, October 21, 2010 9:30 a.m. a) Minutes of meeting held on Thursday, September 16, 2010. 5. PUBLIC MEETINGS: a) 2010 -B -26 UCCI Consolidated Companies Inc. Lot 27, Plan M -187 Lot 23, Concession 5) Boundary adjustment. b) 2010 -B -06 Coulson Ridge Estates Ltd Concession 7, Lot 3 (Former Township of Oro) Technical severance to create a lot which once existed as a separate parcel of land. c) 2010 -B -15 Robert Drury 661 Penetanguishene Road, Lot 12, Concession 1 (Former Township of Oro) Boundary adjustment. d) 2010 -B -29 Douglas and Catherine Mary Shelswell 2278 15/16 Sideroad East, Concession 14, West Part of Lot 15 Technical severance to create a lot which once existed as a separate parcel of land. e) 2010 -B -30 Granite Hill Forestry Inc. Block B, Plan 1650, and Block C, Plan M29 Lot addition /boundary adjustment. f) 2010 -B -31 Adrian and Tanya McKendry 1202 Bass Lake Sideroad, Part of Lot 5, Concession 4, RP 51R-17464 Part 1 Create a residential lot by way of severance. 2010 -A -33 Suzanne Caudry 15 Pemberton Lane, Range 1, East Part Lot 1, Part 7 Relief from maximum total area of deck and boathouse. Page 1 of 204 Page 127 -139 140 -176 177 -191 Committee of Adjustment Agenda Thursday, October 21, 2010 j) 192 -204 k) 5. PUBLIC MEETINGS: h) 2010 -A -34 Phil Tuck 33 Robinson Street, Plan 615, West Part Lot B Relief from permitted locations for detached accessory buildings and maximum floor area. i) 2010 -A -35 K. Koprowicz 1 Sunset Crescent, Plan M469, Part Lot 24 Relief from maximum floor area. 2010 -A -36 Thomas Edward and Penny Lee Shainline 73 Lakeshore Road West, Lot 16 and 17, Plan 755 Relief from width of a boathouse. 2010 -A -37 Michael Johnson and Mary Jane Parent 4065 Line 8 North, Concession 9, West Part Lot 6, 51R656, Part 14 Relief from minimum lot size for an equestrian facility (3 or more horses). 6. NEW BUSINESS: None. 7. NEXT MEETING DATE Thursday, November 18, 2010 8. ADJOURNMENT a) Motion to adjourn. Page 2 of 204 7 e ari e. I') ourd ffarar1I,e, i ;.$1erivi, ilrruare Thursday, September 16, 2010 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 4a) Minutes of meeting held on Thursday,... Motion No. CA100916 -1 Moved by Hastings, Seconded by Potter It is recommended that the agenda for the meeting of Thursday, September 16, 2010 be received and adopted. 3. DISCLOSURE OF PECUNIARY INTEREST None declared. 4. ADOPTION OF MINUTES a) Motion to Adopt Minutes Motion No. CA100916 -2 Moved by Aiken, Seconded by Lynch It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, August 19, 2010 be adopted as presented. 9:34 a.m. Carried. Carried. Page 1 of 7 Page 3 of 204 Committee of Adjustment Minutes Thursday, September 16, 2010 5. PUBLIC MEETINGS: John Raimondi, agent, was present. 4a) Minutes of meeting held on Thursday,... a) 2010 -A -32 James Rogers 79 Stanley Avenue, Plan 626, Lot 105 Relief from minimum front yard, minimum exterior side yard, sight lines on a corner lot and setbacks for driveways. The Committee received correspondence from Joanne Taylor dated September 15, 2010 and correspondence from Jim Stewart dated September 14, 2010. Joanne and Kevin Pembleton noted that the proposed driveway would create road hazards and difficulties in accessing their driveway with their work and recreational vehicles, noted potential loss of sunlight to their front yard due to the height of the proposed structure, the proposed decks would give the property owner a direct view into their master bedroom, noted potential additional strain on ditches due to snow removal from an additional driveway and that the proposal was intrusive on the corner of the two roads. Brenda Prosser noted that the proposal is not in character with the neighbourhood and that an additional driveway on Simcoeside could not be supported. Peter Svensson noted ditching concerns which would cause his property to flood, the proposal would obstruct his view and questioned where the septic would be in comparison to his well. Motion No. CA100916 -3 Moved by Potter, Seconded by Hastings It is recommended that the Committee of Adjustment defeats Variance Application 2010 -A -32 as it is not in keeping with the neighbourhood nor is the application considered minor. Carried. Page 2 of 7 Page 4 of 204 Committee of Adjustment Minutes Thursday, September 16, 2010 4a) Minutes of meeting held on Thursday,... b) 2010 -A -31 Catherine Jo -Anne and George Armstrong Thompson 21 Patterson Road, Plan 1719, RP 51R-9538, Part 1 Relief from minimum interior side yard setback. No one was present on behalf of the application. Motion No. CA100916 -4 Moved by Aiken, Seconded by Lynch It is recommended that the Committee of Adjustment defers Variance Application 2010 A-31 at the request of the applicant. Carried. Page 3 of 7 Page 5 of 204 Committee of Adjustment Minutes Thursday, September 16, 2010 c) 2010 -A -30 Horseshoe Valley Lands Limited Part of Lots 3 and 4, Concession 4 Relief from temporary construction and sales. John Boville, agent, was present. Catherine Fortune, Helen MacRae, Donald McKay and U.B. Surmann questioned which streets the model homes would face and how the developer would address potential increased traffic, streetlighting, dumping, destruction of landscape and the potential road deterioration. Motion No. CA100916 -5 Moved by Potter, Seconded by Lynch 4a) Minutes of meeting held on Thursday,... It is recommended that the Committee of Adjustment approve Variance Application 2010 -A -30, to provide relief from Zoning By -law 97 -95, with respect to the construction of two model homes on the subject lots. Subject to the following conditions: 1. That the applicant apply for, and obtain, the removal of the Holding (H) Provision which currently applies to the lands in which Lot 56 is located prior to the use of this lot for the construction of a model home; 2. That the setbacks for the model homes be in conformity with the Residential One Zone with Exception 140 (R1 *140), in Zoning By -Law 97 -95, as amended; 3. That all other forms of development associated with the model homes be in conformity with the applicable Zoning By -Law 97 -95, as amended; 4. That the applicant obtain any permits and /or approvals, if required, from Nottawasaga Valley Conservation Authority; 5. That the appropriate zoning certificate(s) and building permit(s) 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.; 6. And That the second model home be built on Lot 56, as per Schedule 2 of the report for Variance Application 2010 -A -30. Carried. Page 4 of 7 Page 6 of 204 Committee of Adjustment Minutes Thursday, September 16, 2010 4a) Minutes of meeting held on Thursday,... d) 2010 -B -28 Gordon Arnaut 2600 Townline East Part of Lot 12, Concession 14, RP 51R-36312 Part 1 Boundary adjustment. Gordon Arnaut, was present. Motion No. CA100916 -6 Moved by Hastings, Seconded by Aiken It is recommended that the Committee of Adjustment approve Consent Application 2010 -B -28, being to permit a boundary adjustment. The subject land being 2600 Townline, to convey land having an area of approximately 19 hectares (46 acres) to be added to the adjacent land to the north also owned by the applicant. 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 2508 Townline Road to the north (enhanced lands, per Schedule #2), and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. And That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 5 of 7 Page 7 of 204 Committee of Adjustment Minutes Thursday, September 16, 2010 e) 2010 -B -27 Harvie Peter Johnstone, Douglas Hardy Johnstone, Edna Eileen Ayers, Margaret Eileen Ayers, Norma Irene Harvie 451/421 Line 14 North, Concession 1, Part of Lot 12, Parts 1, 2, and 3, Registered Plan 51 R20203 Boundary adjustment. Douglas Downey, agent, was present. Motion No. CA100916 -7 Moved by Aiken, Seconded by Hastings 4a) Minutes of meeting held on Thursday,... It is recommended that the Committee of Adjustment approve Consent Application 2010 -B -27, being to permit a boundary adjustment. The subject land being Part of Lot 12, Concession 1, Parts 1, 2, and 3, and it presently occupies an area of approximately 41.6 hectares (102.83 acres), has frontage on Line 14 North of approximately 465.6 metres (1,527.5 feet), and a depth of approximately 679.3 metres (2,228.6 feet). The lands proposed to be conveyed have frontage on Line 14 North of approximately 108.7 metres (356.6 feet), occupy an area of approximately 7.13 hectares (17.61 acres), and do not presently contain any buildings or structures. The lands to be retained would have frontage on Line 14 North of approximately 356.9 metres (1,170.9 feet), occupy an area of approximately 34.5 hectares (85.22 acres), and presently contain a dwelling and a barn. 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 100 acre lot to the south, known as Part 7, West Half Lot 13, Concession 1, and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicants solicitor provide 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 6 of 7 Page 8 of 204 Committee of Adjustment Minutes Thursday, September 16, 2010 f) 2010 -B -26 UCCI Consolidation Companies Inc. Lot 27, Plan M -187, Lot 23, Concession 5 Boundary adjustment. Bryan Davidson, agent, was present. Motion No. CA100916 -8 Moved by Aiken, Seconded by Potter It is recommended that the Committee of Adjustment defer Application 2010 -B -26, in order for Planning Staff to make further comments and to request additional information from the applicant. 6. NEW BUSINESS: None. 7. NEXT MEETING DATE Thursday, October 21, 2010 at 9:30 a.m. 8. ADJOURNMENT a) Motion to Adjourn Motion No. CA100916 -9 Moved by Potter, Seconded by Lynch It is recommended that we do now adjourn at 12:42 p.m. 4a) Minutes of meeting held on Thursday,... Carried. Carried. Bruce Chappell, Chair Steven Farquharson, Secretary Treasurer Page 7 of 7 Page 9 of 204 Pmna Hervgge, Exciring Fminr Application No: 2010 -B -26 Meeting Date: October 21, 2010 Roll 4346- 010- 008 -09434 REQUIRED CONDITIONS: 5a) 2010 -B -26 UCCI Consolidated Compan... TOWNSHIP OF ORO- MEDONTE REPORT To: Committee of Adjustment Subject: Consent Application UCCI Consolidated Companies Inc. Lot 27, Plan M -187 (Lot 23 Concession 5) Winfield Drive West (Former Township of Oro) Prepared By: Steven Farquharson, Intermediate Planner Motion R.M.S. File D10 40839 The following conditions are required to be imposed on the Committee's decision: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 2. That the severed lands be merged in title with CON 5 PT LOTS 26 -28 and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That the applicant apply for an entrance permit with the Township of Oro Medonte; 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. BACKGROUND: The applicant is proposing a boundary adjustment to convey approximately 0.10 hectares (0.24 acres) from the subject property 42 Winfield Drive West, to the neighbouring lot to the north. The proposed retained lot, would consist of approximately 1.0 hectares (2.6 acres), and currently vacant. No new building Tots are proposed to be created as a result of the lot addition. The application appeared before the Committee of Adjustment at the September 16, 2010 meeting however was deferred in order for the applicant to clarify what the final intent of the access is for. The applicant has submitted a revised sketch which is now before the Committee for their consideration. Development Services Meeting Date: October 21, 2010 Application No. 2010 -B -26 Page 1 of 7 Page 10 of 204 ANALYSIS: The purpose of application 2010 -B -26 is to permit a boundary adjustment. The subject land being 42 Winfield Drive West, to convey land having an area of approximately 0.10 hectares (0.24 acres) to be added to the adjacent land to the north also owned by the applicant. The boundary adjustment will provide a 6 metre wide access to the abutting lands to the north from Winfield Drive. No new building lots are proposed to be created as a result of the lot addition. The applicant has indicated that they lands proposed to be conveyed will be used as part of the water irrigation system for the proposed golf course on the enhanced lands, which proposes to draw its water supply from Lake Simcoe. The applicant has indicated there will be no vehicular traffic on these lands, but will only be used for the maintenance of the irrigation system. FINANCIAL: Not applicable. POLICIES /LEGISLATION: Official Plan The subject lands are designated Shoreline by the Official Plan (OP). Section D2 of the OP contains policies with respect to subdivision of land. Specifically, Section D2.2.2 "Boundary Adjustments provides the following guidance for Consent Applications in general: "a consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created... the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected." With respect to the application at hand, no new building lots are proposed and it is not anticipated that the proposed boundary adjustment would affect the viability of the use of the property. The subject lands currently vacant. The proposed land that is to be conveyed is to provide access to the enhanced lands from Winfield Drive. As such, the proposed boundary adjustment is generally in keeping with the intent of the policies stated in the Official Plan, and otherwise conforms with the boundary adjustment policies contained in Section D.2.2.2. Zoning By -law 5a) 2010 -B -26 UCCI Consolidated Compan... The subject property is currently zoned Rural Residential One Exception 84 (RUR1 "84) Zone in the Township's Zoning By -law. Currently the subject lands and the lands to be enhanced are vacant. The lot to be enhanced, is zoned Private Recreational Exception 174 Hold) (PR *174(H)), Residential One Exception 173 Hold (R1 *173(H)), and Environmental Protection Exception 172 Hold (PR*172(H)) Zones. The enhanced lands have been approved for a maximum of 40 single detached dwelling, with an associated golf course. With the lands to be conveyed to the enhanced lot, the retained lands would remain in compliance with the minimum required frontage and lot area requirements of the RUR1*84 of the Zoning By -law. Therefore, the application would comply with the provisions as prescribed by the Zoning By -law. Development Services Meeting Date: October 21, 2010 Application No. 2010 -B -26 Page 2 of 7 Page 11 of 204 Policy Conformity 5a) 2010 -B -26 UCCI Consolidated Compan... The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while at the same time promoting efficient land use and development patterns. Policy 1.1.1 a) contains policy that states that promoting efficient development and land use patterns which sustain the financial well being of the Province and municipalities over the long term. Also found in subsection (b) states that accommodating an appropriate range and mix of residential, employment (including industrial, commercial and industrial uses), recreational and open space uses to meet long term needs. The proposed severance is located outside of a settlement area, however meets Section 1.1 and is considered to be consistent with the Provincial Policy Statement. 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. Also found in Policy 2.2.3 General Intensification Section 6(f), which states that all municipalities will develop and implement through their Official Plans a strategy and policies to phase in and achieve intensification. Subsection (i) states that the municipalities will plan for a range and mix of housing. In Policy 2.2.9 Rural Areas, there are provisions that allow for residential development to occur outside of settlement areas in site specific locations with approved designations. This applies to the abutting lands to the north (the enhanced lands). The Township's Official Plan currently contains policies which permit staff and the Committee to consider application for consent in the Shoreline Designation provided that the proposed lot meeting the policies of D2.2.2. Due to the application meeting the required policies of the Township Official Plan for boundary adjustments, the application is considered to meet this policy. Based on the above, the Consent application would generally be in conformity with the different policies referenced above. County of Simcoe Official Plan In analyzing this Consent application, Township staff reviewed the County of Simcoe Official Plan. The County of Simcoe has commented that they have no objection to the proposed boundary adjustment. It is the opinion of the Planning Department that the proposed consent conforms to the policies of the County of Simcoe Official Plan CONSULTATIONS: Transportation and Environmental Services- Culvert at entrance off of Winfield Drive does not meet Township standard of 3 metres either side of property lines. Building Department Engineering Department Lake Simcoe Region Conservation Authority- Development Services Meeting Date: October 21, 2010 Application No. 2010 -B -26 Page 3 of 7 Page 12 of 204 ATTACHMENTS: Schedule #1- Location Map Schedule #2- Context Map Schedule #3- Irrigation System Layout CONCLUSION: It is the opinion of the Planning Department, that Consent application 2010 -B -26 for a boundary adjustment, would appear to conform to the general intent of the Official Plan and Zoning By -law. Respectfully submitted: Steven uharson, B.URPL Intermediate Planner 5a) 2010 -B -26 UCCI Consolidated Compan... Reviewed by: Glenn White, MCIP, RPP Manager of Planning Services Development Services Meeting Date: October 21, 2010 Application No. 2010 -B -26 Page 4 of 7 Page 13 of 204 w Z Development Services Application No. 2010 -B -26 SUBJECT LANDS 5a) 2010 -B -26 UCCI Consolidated Compan... SCHEDULE 1: LOCATION MAP 2010 -B -26 (UCCI) I BiANCED LANDS L w 2 J RIDGE ROAD WINDFIELD DRIVE LAKEVIEW ROAD 1— 0 55 110 220 330 440 Meters Meeting Date: October 21, 2010 Page 5 of 7 Page 14 of 204 EI-IANCED LANDS tt RETAINED LANDS VillfVop LANDS TO BE CON VEYED 4 D 'D RIVE 6b* 2010-B-26 UCCI Consolidated Compan... SCHEDULE 2: CONTEXT MAP 2010-B-26 (UCCI) 125 50 75 10( Meters Development Services Meeting Date: October 21, 2010 Application No. 2010-B-26 Page 6 of 7 Page 15 of 204 iR 511, t1 441- 4 tg o -d Proposed Irrigation System z kk I cn 0 LOT CONCESSION Development Services Application No. 2010 -B -26 SCHEDULE 3: IRRIGATION SYSTEM LAYOUT 2010 -B -26 (UCCI) '6 5a) 2010 -B -26 UCCI Consolidated Compan... N G` spim 45Y0S..i arr 6 Meeting Date: October 21, 2010 Page 7 of 7 -LOT CONCE§SII W Page 16 of 204 Ct 1 5a) 2010 -B -26 UCCI Consolidated Compan... 6 try 8 Page 17 of 204 2. 2. tA.C.C.% UttotIS a3 _______1_41 I 1 Li E I 1 1 1 16 Pt w ig I I 52' en s:0 OF LOT 27 L-ND 6ROKEN LOT 28, CONCESSO\I TONS:61? OF OO R COUNTY OF SIViCOE. 1 1 24 t czassFs-ex=ezeama== 1 6412M iM• a V r" -a- a C .7 2 t:M "Et CZ .rOaTO.f r t L-OC 1:0C. L 1 1 9 .99 c:g 2-' 0.9L 8' 0 0' cw)36V ,14 r 2 7 2 01083 8-31:0\ r BC L-0 96-0 6Z 0 t V L6-0 LZ 01'1 9Z 01 GZ VI*1 VZ 90'■ 604 ZZ 001 IZ 16.0 4 .3 1 '4 )s. 30.21115 V S 1V•Ils 1,11■1(100 i0 cill•ASION01. N3)40139 ONV 22 101 30 18,48 z.z 9 9/ 9 c. O6 e,- 1-6 Z' tr L'GC- 0-117 43 Z I 1 G 0 9 9 A7 t7 g 9t 13 9.4 0408- 4 _?....Y V 7 agar 1 s 140**Amt aws ■sis or 1 1/2 V t, 1 4 .,1, j. 96-0 LS-0 9% 4J60 17t 470 g 6 Z% 6z-0 ir II 9Q .O v() •0 it 6 Q9 0 ar 09 r 9 0 r G 19' i7 9 g• 0 6G'° 2 99 r I 91 -1 'coLI) 5 O i- 6 P bd I. 9 •.g j7 1 .*'21 0 0 we 1 a I tinZe lel i ita I mmmmmmmmmmmmmmmmmmmmmmmmmmmmmm WE 2.. Gc b 3, 1 i lk I;f ----"/1---7---------- \1- .,,..,-'n u tt ZZ Z li 'IMMO AM MAO 1 3 Page 20of24 U o U w i 0 a� o N 4-) co N 0_ N CL 5a) 2010 -B -26 UCCI Consolidated Compan... Page 21 of 204 Page 22 of 20 5a) 2010 -B -26 UCCI Consolidated Compan... Page 23 of 204 TuwurGep of Prowl Heritage, Exciting Rune Application No: 2010 -B -06 Meeting Date: October 21, 2010 Roll 4346- 010 -003 -2850 REQUIRED CONDITIONS: BACKGROUND: ANALYSIS: FINANCIAL: Not applicable. TOWNSHIP OF ORO- MEDONTE REPORT To: Committee of Adjustment 5b) 2010 -B -06 Coulson Ridge Estates Lt... Subject: Consent Application Coulson Ridge Estates Ltd Concession 7, Lot 3 (Former Township of Oro), Prepared By: Steven Farquharson, B.URPL Intermediate Planner Motion R.M.S. File D10 -40423 The purpose of the consent application is for a technical severance to re- create a lot which once existed as a separate parcel of land. The lands proposed to be severed would have a lot frontage along Line 7 North of approximately 145 metres (475 feet), with a lot depth of approximately 294 metres (964 feet) and a lot area of approximately 4 hectares (10 acres) and are vacant. The lands to be retained would have a lot area of approximately 80 hectares (200 acres) and are currently vacant. The application appeared before the Committee of Adjustment at the May 20, 2010 meeting however was deferred in order for the applicant to complete an Environmental Impact Study (EIS) as requested by the Nottawasaga Valley Conservation Authority and the County of Simcoe. The applicant has not submitted an EIS for review, but has requested that the application come before the Committee for their consideration. The applicant has submitted a historical timeline of the property, which has been attached for the Committee's reference. The lots were separate conveyable lots until 1949, when they merged in title. The summary of the deeds which support this timeline are attached to this report. The purpose of consent application 2010 -B -06 is for a technical severance to re- create lots which previously existed as separate conveyable parcels of land. The Township's Official Plan contains policies (Section D2.2.3) which permit Planning Staff and the Committee to consider technical severances. Development Services Meeting Date October 21, 2010 Application No. 2010 -13-06 Page 1 of 7 Page 24 of 204 POLICIES /LEGISLATION: OFFICIAL PLAN 5b) 2010 -B -06 Coulson Ridge Estates Lt... The subject lands are designated Oro Moraine Core /Corridor Area 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 1949 the second of the two parcels was acquired by Joseph Walker, thereby creating the merger of the title for both lots. On the basis of the registry information, the proposed lots were considered to be once separately 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 Joseph Walker having acquired ownership of both parcels. c) Is of the same shape and size as the lot which once existed as a separate conveyable lot; A review of the deeds has determined that the proposed severed and retained parcels are the same size and shape that existed at the time they were separate lot. The Township will require that a surveyor confirm the new lots match the original description. 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 Line 7 North, and is maintained year -round by a public authority. f) There are no public interest served by maintaining the property as a single conveyable parcel; It is the opinion of the Planning Department that it would be in the public's interest to maintain the parcel as one which does not fragment the environmental feature (Oro Moriane Core Area). This would need to be confirmed by the NVCA through an EIS. g) Conforms with Section D2.2.1 of this Plan; and, Section D2.2.1 of the Plan is discussed further below. Development Services Meeting Date October 21, 2010 Application No. 2010 -B -06 Page 2 of 7 Page 25 of 204 5b) 2010 -B -06 Coulson Ridge Estates Lt... 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 to be considered and approved from the Township Transportation Department in order for access for the severed lands from Line 7 North to be obtained. 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 Line 7 North, which is a public roadway maintained year -round by the Township of Oro Medonte. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; The properties will not have direct access to a Provincial Highway or County Road. c) Will not cause a traffic hazard; This application proposes to re- create 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 Township Public Works Department. d) Has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By -law and is compatible with adjacent uses; The application proposes to re- create a lot that once existed, which has inadvertently been merged on title. The purpose of the consent application is for a technical severance to re- create a lot which once existed as a separate parcel of land. The lands proposed to be severed would have a lot frontage along Line 7 North of approximately 145 metres (475 feet), with a lot depth of approximately 294 metres (964 feet) and a lot area of approximately 4 hectares (10 acres). The lands to be retained would have a lot area of approximately 80 hectares (200 acres) and currently vacant. 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 October 21, 2010 Application No. 2010 -8 -06 Page 3 of 7 Page 26 of 204 g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; The retained lands, will meet with the minimum required lot frontage and area requirements of the Zoning By -law. No development applications are active adjacent to the subject lands, and as such no negative impacts with respect to access are anticipated as a result of this consent. h) Will not have a negative impact on the features and functions of any ecological feature in the area; The severed land is regulated by the Nottawasaga Valley Conservation Authority, which have stated that an EIS is required to demonstrate there will be no negative impacts on the natural features or ecological functions of the area. Planning Staff are of the opinion that favorable comments from the NVCA are required before the application can proceed. 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. Section B1.10.1.4 of the Official Plan sets out the development policies of the Oro Moraine- Natural Core /Corridor Area. The Official Plan states that the objective of the policies in this designation are to protect and maintain significant natural heritage features and the rural character of the Oro Moraine. The policies do not allow for the creation of a new lot for residential purposes. Both the lands to be severed and retained are identified on Schedule B of the Official Plan as having a Provincially Significant Wetland (PSW). Due to this natural feature being located on the lands to be severed, the recreation of a new lot, will not be in keeping with the intent of policies found within the Official Plan. On this basis, the application is considered not to be appropriate and does not generally conform with the policies noted above from the Official Plan. County Official Plan In analyzing this Consent Application, Township staff reviewed the County Official Plan. The subject property is designated in the County of Simcoe Official Plan as Greenland. Specifically, Section 3.7 contains the Greenland policies which require an Environmental Impact Study (EIS) to be completed prior to development occurring on the lot. Section 3.7.5 states that development is not permitted within provincially significant wetlands. The proposed technical severance would not be consistent with the Greenland policies without the submission of an EIS, which is to be reviewed and approved by the County of Simcoe and NVCA. It is our opinion that the proposed development does not generally conform to the policies of the County Official Plan. Provincial Policy Statement 5b) 2010 -B -06 Coulson Ridge Estates Lt... 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 2.1.4 contains the policies in Natural Heritage Areas in municipalities which does not permit development in significant wetlands, unless there has been a demonstration that there is no negative Development Services Meeting Date October 21, 2010 Application No. 2010 -B -06 Page 4 of 7 Page 27 of 204 impacts on the natural features or their ecological functions. The requirement of an EIS would be required in order for the proposed severance to be permitted. 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 4 hectares (10 acres). Township staff considered the application to be premature until an EIS has been received and reviewed by the NVCA are received to determine if the EIS 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 subject lands are designated Oro Moraine Core /Corridor Area within the Township Official Plan, which requires the submission an EIS to ensure that the development of the lands will not have a negative effect on the environmental features. Once the ESI has been reviewed by the Township, County of Simcoe and the Nottawasaga Valley Conservation Authority, it can then be determined if the proposed recreation of a lot would conform with the Place to Grow legislation. With the absence of an EIS the proposed applications does not conform to the Places 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. CONSULTATIONS: Public Works Department Building Department Engineering Department County of Simcoe See Attached Nottawasaga Valley Conservation Authority- See Attached ATTACHMENTS: Schedule #1- Location Map 5b) 2010 -B -06 Coulson Ridge Estates Lt... Development Services Meeting Date October 21, 2010 Application No. 2010 -B -06 Page 5 of 7 Page 28 of 204 CONCLUSION: By reviewing the timeline provided by the applicant, it confirms that these parcels did previously exist as separate conveyable parcels. However, it is determined that the proposal does not appear to meet the criteria required by Section D2.2.3 of the Official Plan, which requires the submission of an EIS for review and approval by the Township, County of Simcoe and the Nottawasaga Valley Conservation Authority. It is the opinion of the Planning Department, that Consent application 2010 -B -06 for a technical severance is not appropriate without a supporting EIS. Respectfully submitted: Reviewed by: Steven arson, B.URPL Intermediate Planner 5b) 2010 -B -06 Coulson Ridge Estates Lt... Glenn White, MCIP RPP Manager of Planning Services Development Services Meeting Date October 21, 2010 Application No. 2010 -B -06 Page 6 of 7 Page 29 of 204 HIGK Development Services SCHEDULE 1: LOCATION MAP 2010-B-06 (Coulson Ridge Estates Ltd) 44 "•70 ,444,4 41 4444 4•4* Proposed Severed Lands Proposed Retained Lands BASS LAKE SIDEROAD 5b) 2010-B-06 Coulson Ridge Estates Lt... w z 260 39G 520 Meters Meeting Date October 21, 2010 Application No. 2010-B-06 Page 7 of 7 Page 30 of 204 eterS 14 1 15 16 11 17 1 18 I 19 Ju20 .i I 21 1 22 23 36W 1 24 25 _1, 26 27 478 BASS LAKE SIDEROA 387 2401 173 5b) 2010 -B -06 Coulson Ridge Estates Lt... Lvrc "r eb 2940 2376 2916 2888 /OAC, w z 037.95 150 225 300 Meters 3193 h 2943 00000 Page 32 of 204 r a rig PURSER iN DOOLEY COCKBURN SMITH LLP. January 14, 2010 Coulson Ridge Estate Ltd. 14 Scottdale Drive R.R. #1 Hawkestone, ON LOL 1 TO Attention: William Stonkus Dear Bill: MEMORANDUM Re: Lot 3, Concession 7, Township of Oro Medonte Our File No.: 29848 5b) 2010 -B -06 Coulson Ridge Estates Lt... COpr You have asked us to determine whether the small portion of Lot 3, Concession 7, Township of Oro Medonte which you identify as the scut-east ten (10) acres was ever historically in separate ownership from the abutting lands. Shirley Partridge has completed her search and we have reviewed it and conclude that the ten (10) acre parcel has never, since the Patent of the east half of Lot 3 in 1842, been in separate ownership from abutting lands. The said ten (10) acre parcel was split off the balance of the east half of Lot 3 by the covenyance registered on June 3, 1949 in favour of Joseph Walker who in that same conveyance unfortunately acquired the east half of Lot 4 being the abutting lands to the south. That was the first Deed to separate the ten (10) acre parcel from the remainder of the east half of Lot 3. Good News The east half of Lot 4 was separated in title from the west half of Lot 4 from June 25, 1873 until 1949. 151 Ferris Lane, Suite 300 Barrie, ON L4M 6C1 Tel: 705.792.6910 Fax: 705.792.6911 www.pdcslaw.com Page 33 of 204 5b) 2010 -B -06 Coulson Ridge Estates Lt... 2 On June 25, 1873, one Alexander McLean acquired the east half of Lot 4, Concession 7 and the east half was transferred through a number of owners, none of whom owned the west half of the Lot until 1949 when the east half was conveyed to Joseph Walker who had previously acquired the west half of the Lot in 1936. West half of Lot 4. Concession 7 The west half of Lot 4, Concession 7 was acquired by James Durham on July 9, 1874 (and west half continued through a chain of title through a series of owners who did not own the abutting east half until Joseph Walker acquired the west half on November 6, 1936). It is my understanding that the Township of Oro Medonte policy is to permit the revival of a severance of two (2) properties which have been historically owned separately but have merged inadvertently under the provisions of The Planning Act. In accordance with that policy you should be successful in separating the east half of Lot 4 from the west half of Lot 4. Deviation Road Deviation Road which connects the Road allowance between Concessions 6 and 7 across the south -west corner of your Lot 4 was deeded to the Township in 1911 thus creating a severed parcel of Lot 4 at the south -west corner. This deviated parcel is shown on the Teranet report that Paul Miller acquired and attached. For your reference we are attaching: 1. A copy of the chain of title prepared by Shirley Partridge, our title searcher a) East half of Lot 3; and b) Lot 4, Concession 7. 2. Block map; and 3. Copies of the reports provided by Paul Miller. Yours very truly, PUR R OOLEY OCKBURN SMITH LLP Per: J. R. Cockburn, Q.C. JRC:bg Encls. Page 34 of 204 County of Simcoe Main Line (705) 726 -9300 NTYOF Planning ToII Free 1- 866 893 -9300 S1 1110 Highway 26, Fax (705) 727 -4276 Midhurst, Ontario LOL 1X0 simcoe.ca PLD- 003 -001 September 30, 2010 Township of Oro Medonte 148 Line 7 South P.O. Box 100 Oro Station, ON LOL 2X0 Mr. Farquharson, 5b) 2010 -B -06 Coulson Ridge Estates Lt... RE: Consent Application No. 2010 -B -06 (Coulson Ridge Estates Ltd.) Lot 3, Concession 7, Former Township of Oro, now Township of Oro Medonte Thank you for re- circulating the consent application to the County of Simcoe. The subject property is designated Rural in the Local Official Plan and partially designated Greenlands in the County Official Plan, therefore is subject to the General, Rural and Greenlands policies of the County of Simcoe Official Plan. The applicant is requesting consent to create a 4 hectare (10 acre) lot. The proposed retained portion of the subject property would be approximately 80 hectares (200 acres). The subject lands are within an area identified as the Oro Moraine (0M2) Copeland Forest unit of the County Greenlands designation. The Copeland Forest is a large swamp forest that has been classified as a provincially significant wetland. It is owned and managed by the OMNR. The area immediately to the south of the forest forms part of the Oro Moraine proper, which is typified by undulating topography and very sandy soils. Ground water recharge occurs throughout the moraine, a portion of which subsequently makes its way to the deep regional aquifer, while some discharges into wetland (bottomland) forests situated at the base of the moraine, which in turn provide baseflow to the Coldwater and Sturgeon Rivers. Three provincially significant wetlands occur within this unit: the Copeland Swamp Complex and the Coulson East and West Wetlands. Baseflow contributions to the headwaters of these systems promote cold water fisheries. Section 3.7.6 of the County Official Plan states that residential lots created by consent may be permitted in the Greenland designation, conditional on acceptable results from an Environmental Impact Statement (E.I.S.). In addition, County of Simcoe Official Plan policy 3.3.5 states that; "Development or site alteration shall not be permitted within Class 1, 2, or 3 Wetlands (Schedule 5.2.2), the habitat of threatened or endangered species, or hazardous lands. Development or site alteration may be permitted within 120 metres of these features where such development is otherwise permitted by this Plan and local municipal Plans and where an Environmental Impact Statement (EIS) can demonstrate that there will be no negative impact on the natural features or on the ecological functions, including water resources, for which the area is identified." This land use policy is supported by the Provincial Policy Statement (Policy 2.1.3 b) which states that "Development and site alteration shall not be permitted in significant wetlands in Ecoregions 5E, 6E or 7E Followed by Policy 2.1.4 which states "Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policy 2.1.3 unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural Page 35 of 204 features or on their ecological functions The subject property is within the 6E Ecoregion of the Ministry of Natural Resources' Ecological Land Classification. County of Simcoe Official Plan policy 3.6.11 also states that residential lots in the Rural designation should be restricted in size in order to conserve other lands in larger blocks for agricultural or environmental purposes. Consent lots should be developed to an approximate maximum size of one hectare, except where larger sizes may be suitable because of environmental constraints or design considerations. The environmental constraint consideration is to provide for variation of the 1 hectare lot size. Therefore, the County of Simcoe does not object to the proposed lot creation, provided an EIS demonstrates that the proposed development will not have a negative impact on the natural features and associated ecological functions of area. Please forward a copy of the decision. If you require additional information, do not hesitate to call, 726- 9300, ext.1315. Sincerely, The Corpora achelle Hamelin Planner II cc. Tim Salkeld, NVCA n of the County of Simcoe. 5b) 2010 -B -06 Coulson Ridge Estates Lt... Page 36 of 204 Member Municipalities Adjala- Tosorontio Amaranth Barrie The Blue Mountains Bradford -West Gwillimbury Clearview Collingwood Essa Grey Highlands Innisfil Melancthon Mono Mulmur New Tecumseth Oro-Medonte Shelburne Spri ngwater Wasaga Beach Watershed Counties Dufferin Grey Simcoe Member of Conservation ONTARIO 'mural cdamwons May 14, 2010 Steven Farquharson, Secretary Treasurer Committee of Adjustment Township of Oro Medonte P.O. Box 100 Oro, Ontario, LOL 2X0 Dear Mr. Farquharson; 5b) 2010 -B -06 Coulson Ridge Estates Lt... Re: Application for Consent 2010 -B -06 (Coulson Ridge Estates) Part Lot 3, Concession 7 Township of Oro Medonte (Formerly Township of Oro) The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this application for consent in accordance with Natural Heritage and Natural Hazard policies established under the Provincial Policy Statement and environmental policies of the Oro- Medonte Official Plan. The property contains several environmental features such as part of the West Coulson Provincially Significant Wetland, a headwater tributary of the Coldwater River, valleylands and significant woodland. The property is located within the Oro Moraine Core /Corridor Area and partially within the County of Simcoe Official Plan Greenland designation. Given the sloping nature of the property and the environmental features, a developable envelope which avoids all Natural Heritage and Natural Hazard features is not apparent. The NVCA therefore recommends any approval of the application be deferred until the following technical study has been prepared: An Environmental Impact Statement (EIS) prepared by a professional ecologist to the satisfaction of the Township of Oro Medonte, the County of Simcoe and the NVCA, demonstrating the proposed lot and subsequent land use will have no negative impacts on the natural features or ecological functions of the area. The EIS should be prepared with reference to the Province of Ontario Ecological Land Classification System and among other things, should demonstrate the location of driveway access and the building envelope with appropriate setbacks to ensure protection of environmental features. Prior to commencement of the study, we recommend NVCA ecologist Dave Featherstone be consulted for input on the scale and scope of the study. Celebrating 50 Years in Conservation 1960 2010 ...12 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: adminOnvca.on.ca Page 37 of 204 5b) 2010 -B -06 Coulson Ridge Estates Lt... Aoolication for Consent 2010-B-06. Oro-Medonte continued Paae 2 Depending on the location of proposed development, the NVCA may require a Natural Hazards Assessment using guidelines established under the Provincial Policy Statement demonstrating all development will occur outside of floodplain and erosion hazard areas of the Coldwater River tributary. Please note our comments reflect Section 2.1 (Natural Heritage) and Section 3.1 (Natural Hazards) of the Provincial Policy Statement. Please be advised that a significant part of the property is under the regulatory jurisdiction of the NVCA whereby permits are required under the Conservation Authorities Act prior to any development. Thank you for circulating this application for our review and please forward a copy of any decision. Sincerely, Tim Salkeld Resource Planner Page 38 of 204 5b) 2010 -B -06 Coulson Ridge Estates Lt... Page 39 of 204 5b) 2010 -B -0b 1,oury Page 40 of 204 5b) 2010 -B -06 Coulson Ridge Estates Lt... Page 41 of 204 5b) 2010 -B -06 Coulson Ridge Estates Lt... Page 42 of 204 ti Z u to e la 6o 2 Member Municipalities Adjala- Tosorontio Amaranth Barrie The Blue Mountains Bradford -West Gwillimbury Clearview Co I I i ngwood Essa Grey Highlands Innisfil Melancthon Mono Mulmur New Tecumseth Oro Medonte Shelburne Springwater Wasaga Beach Watershed Counties Dufferin Grey Simcoe Member of Conservation ON TARIO �T 4 October 19, 2010 Steven Farquharson, Secretary- Treasurer Committee of Adjustment Township of Oro Medonte P.O. Box 100 Oro, Ontario, LOL 2X0 Dear Mr. Farquharson; 5b) 2010 B 06 Coulson Ridge Estates Lt... Re: Application for Consent 2010 06 (Revised Comments) Part Lot 3, Concession 7 Township of Oro Medonte (Formerly Township of Oro) The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this application for consent in accordance with Natural Heritage and Natural Hazard policies established under the Provincial Policy Statement and environmental policies of the Oro Medonte Official Plan. The property contains several environmental features such as part of the West Coulson Provincially Significant Wetland, valleylands and significant woodland. The property is located within the Oro Moraine Core /Corridor Area and partially within the County of Simcoe Official Plan Greenland designation. The proposed severed lot is bisected by a distinct ravine feature which could convey significant flood flows during the Regional Storm event. Given the sloping nature of the property and the environmental features, a developable envelope which avoids all Natural Heritage and Natural Hazard features is not apparent. The NVCA therefore recommends any approval of the application be deferred until the following technical study has been prepared: An Environmental Impact Statement (EIS) prepared by a professional ecologist to the satisfaction of the Township of Oro Medonte, the County of Simcoe and the NVCA, demonstrating the proposed lot and subsequent land use will have no negative impacts on the natural features or ecological functions of the area. The EIS should be prepared with reference to the Province of Ontario Ecological Land Classification System and among other things, should demonstrate the location of driveway access and the building envelope with appropriate setbacks to ensure protection of environmental features. As recommended in previous correspondence, NVCA Ecologist Dave Featherstone was contacted by an environmental consultant for input on their proposed study. 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 1 TO Telephone: 705.424.1479 Fax: 705.424.21 Web: www.nvca.on.ca Email: admin @nvca.on.ca Page 43 of 204 5b) 2010 -B -06 Coulson Ridge Estates Lt... Aoolication for Consent 2010-B-06. Oro-Medonte continued Paae 2 Depending on the location of proposed development, the NVCA may require a Natural Hazards Assessment using guidelines established under the Provincial Policy Statement demonstrating all development will occur outside of potential floodplain and erosion hazard areas. Please note our comments reflect Section 2.1 (Natural Heritage) and Section 3.1 (Natural Hazards) of the Provincial Policy Statement. Please be advised that a significant part of the property is under the regulatory jurisdiction of the NVCA whereby permits are required under the Conservation Authorities Act prior to any development. Thank you for circulating this application for our review and please forward a copy of any decision. Sincerely, 4 Tim Salkeld Resource Planner Page 44 of 204 Proud Heritage, Exciting F: t Application No: 2010 -B -15 Meeting Date: October 21, 2010 Roll 4346 010 -001 -005 REQUIRED CONDITIONS: BACKGROUND: ANALYSIS: TOWNSHIP OF ORO- MEDONTE REPORT To: Committee of Adjustment Subject: Consent Application (Robert Drury) Concession 1, Lot 12 661 Penetanguishene Road 5c) 2010 -B -15 Robert Drury 661 Penetan... Prepared By: Steven Farquharson, Intermediate Planner Motion R.M.S. File D13 -40439 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 170 Line 1 North and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That the applicant apply for and obtain a minor variance in order to recognize the existing dwelling as being within the required 30 metre setback from the Environmental Protection (EP) Zone. 6. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. The applicant is proposing a boundary adjustment to convey approximately 0.06 hectares (0.15 acres) from the subject property to the neighbouring residential lot being 170 Line 1 North. The proposed retained lot, would consist of approximately 51 hectares (126 acres), and is currently contains a residential dwelling. No new building lots are proposed to be created as a result of the lot addition. The purpose of application 2010 -B -15 is to permit a boundary adjustment. The subject lands being 661 Penetanguishene Road, to convey an area of approximately 0.06 hectares (0.15 acres) to be Development Services Meeting Date October 21, 2010 Application No. 2010 -B -15 Page 1 of 4 Page 45 of 204 added to the adjacent lands being 170 Line 1 North. The retained lands would maintain an area of approximately 51 hectares (126 acres). No new building lot is proposed to be created as a result of this application. FINANCIAL: Not applicable. POLICIES /LEGISLATION: Township of Oro Medonte Official Plan The subject lands are designated "Agricultural" and "Environmental Protection One" by the Official Plan. Section D2 of the Official Plan contains policies with respect to subdivision of land. Specifically, Section D2.2.2 -"Boundary Adjustments provides the following guidance for Consent Applications in general: "a consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created... the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected." With respect to the application at hand, no new building lots are proposed and does not affect the viability of the current use. As such, the proposed boundary adjustment is generally in keeping with the intent of the residential policies stated in the Official Plan, and otherwise conforms to the boundary adjustment policies contained in Section D.2.2.2. County Official Plan The subject lands are designated Greenland designation in the County of Simcoe's Official Plan. Section 3.3.4 of the County's Official Plan, "General Subdivision and Development Policies states that "Consents for the purpose of boundary adjustments and consolidation of land holdings are permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan. All lots created shall conform to all applicable municipal policies and bylaws." On this basis, the proposed consent appears to generally conform to the policies of the County of Simcoe's Official Plan. Provincial Policy Statement The Provincial Policy Statement does not contain policies directly related to Lot adjustments (boundary adjustments) in the "Rural Areas" or "Nature Heritage" areas. The policies are related to the creation of a new lot or development, which are not proposed by this application. Township of Oro Medonte Comprehensive Zoning By -law 97 -95 5c) 2010 -B -15 Robert Drury 661 Penetan... The subject property is zoned Agricultural /Rural (A/RU) Zone and Environmental Protection (EP) Zone. The lands subject to the boundary adjustment are zoned Environmental Protection (EP), given that the Township's Zoning By -law also contains a general provision (Section 5.28) which requires Development Services Meeting Date October 21, 2010 Application No. 2010 -B -15 Page 2 of 4 Page 46 of 204 buildings to be setback a minimum of 30 metres from an Environmental Protection (EP) boundary. The applicant will be required as a condition of approval to obtain a minor variance in order for the existing dwelling to be recognized as being within the EP Zone setback. The retained would remain in compliance with the Zoning By -law in terms of lot area and lot frontage for the Agricultural /Rural Zone. The lands to be enhanced are zoned Rural Residential Two (RUR2) Zone and would remain in compliance with the minimum required frontage and lot area. CONSULTATIONS: Transportation and Environmental Services Building Department Engineering Department Nottawasaga Valley Conservation Authority- Comments Attached ATTACHMENTS: Schedule 1: Location Map CONCLUSION: In the opinion of the Planning Department, Consent Application 2010 -B -15, being to convey approximately 0.06 hectares (0.15 acres) from the subject property to the neighbouring residential lot being 170 Line 1 North, be approved subject to the applicant obtaining a minor variance to recognize the existing dwelling being within the EP Zone boundary. Respectfully submitted: Steven F: arson, B.URPL Intermediate Planner 5c) 2010 -B -15 Robert Drury 661 Penetan... Reviewed by: Glenn White, MCIP, RPP Manager of Planning Services Development Services Meeting Date October 21, 2010 Application No. 2010 -B -15 Page 3 of 4 Page 47 of 204 SCHEDULE 1: LOCATION MAP 2010 -B -15 (Drury) Proposed Lands to be conveyed I Proposed Retained Lands 5c) 2010 -B -15 Robert Drury 661 Penetan... 0 15 3) 50 90 120 J I Meters Development Services Meeting Date October 21, 2010 Application No. 2010 -B -15 Page 4 of 4 Page 48 of 204 0 t` 0 12 LTD. 6£ CONY ERT ED. URVEY RtK 25 5ERCZ1 STREET725-066J BARRIE,ONT 010 BOX 1150 T N9' S ?96 EDW■ aT010 LAND p OF OF PAR1 OF 12 P SOT N E, T T ON6E SSIO ORO� r O R n the pW� SH1P OF S COUNTY OF S cAI£ 10p00 1KES yEYtNG L T0, 199 4V Y R, From: Timothy Salkeld To: Wiehe. Alan Cc: Farnuharson. Steven Subject: FW: 2010 -B -15, Drury Date: Thursday, October 07, 2010 2:40:55 PM Attachments: D00017.PDF Hi Alan. I attached our comments for the Drury application which we previously supplied for the Committee's consideration. While we prefer the existing configuration, we would not appeal a decision supporting the boundary adjustment. If you have questions, please call. Tim Salkeld Resource Planner Nottawasaga Valley Conservation Authority 8195 8th Line Utopia, ON LOM 1TO (705) 424 -1479 ext 233 (705) 424 -2115 tsalkeld(rhnvca on.ca This e -mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of the original message From: Timothy Salkeld Sent: Monday, July 12, 2010 11:15 AM To: 'Farquharson, Steven' Subject: 2010 -B -15, Drury Hi Steve. 5c) 2010 -B -15 Robert Drury 661 Penetan... I just had a conversation with Bob Drury about his boundary adjustment application. I'm not sure if any action is required on my part but I thought I would let you know that our comments previously supplied are still applicable. Bob had mentioned that an EP zone may apply to the boundary adjustment lands. While we support the maintenance of the existing configuration, I don't believe we would be appealing an approval of the application. Page 50 of 204 If you would like to discuss, please call. Tim Salkeld Resource Planner Nottawasaga Valley Conservation Authority 8195 8th Line Utopia, ON LOM 1TO (705) 424 -1479 ext 233 (705) 424-2115 tsalkeld(Tnvcann.ca 5c) 2010 -B -15 Robert Drury 661 Penetan... This e -mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of the original message Page 51 of 204 Watershed Counties Dufferi n Grey Simcoe Member of Conservation O N R 1 O Member Municipalities Adja la- Tosorontio Amaranth Barrie The Blue Mountains Bradford -West Gwillimbury Clearview Coll ingwood Essa Grey Highlands Innisfil Melancthon Mono Mulmur New Tecumseth Oro- Medonte Shelburne Springwater Wasaga Beach May 18, 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 -15 (Drury) Part Lot 12, Concession 1, 661 Penatanguishene Road Township of Oro Medonte (Formerly Township of Oro) 5c) 2010 -B -15 Robert Drury 661 Penetan... The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this application for consent in accordance with policies established under the Provincial Policy Statement and our mandate for the conservation, restoration, development and management of natural resources. The NVCA offers the following for consideration by the Committee of Adjustment. As you may be aware, the NVCA where possible, discourages lot lines which encroach into natural heritage features such as watercourses, floodplains and wetlands. In this particular case, the boundary adjustment would appear to result in further encroachment of a lot into the Provincially Significant Dalston Wetland and adjacent lands. The NVCA believes the wetland is better protected under the current lot configuration as the boundary adjustment could potentially increase the risk of further development in or adjacent to the wetland. The NVCA supports an approach whereby a minor variance could be applied for which would bring the lot into compliance with the Township of Oro Medonte Zoning By -law. We advise the property is partially within an area affected by Ontario Regulation 172/06 whereby a permit is required from the NVCA under the Conservation Authorities Act prior to development. Thank you for circulating this application 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 1 TO Telephone: 705.424.1479 Fax: 705.424.2115 Web: www.nvca.on.ca Email: admin @nvca.on.ca Page 52 of 204 2010-B-15 Drury) Existing dwelling on lands to be retained pr urY� d r etaine 2010-B-1.5 be lands building n lan agricultural b Existing I 1 1 n�ra o s S u1 P��na I'�a as a q o� spu�eI u a ui�e� �Z JUNG i LO 10 c c 1 1 1 s u�e� pas d a u� aaanas q °l o� spin\ p p �u'� aq 51,-S- �Z ana4 i 1 I 5c) 2010 -B -15 Robert Drury 661 Penetan... Page 57 of 204 Proud Iftrilgtlr, Extiii,g Fururte Application No: 2010 -B -29 Meeting Date: October 21, 2010 Roll 4346- 010- 005 -203 REQUIRED CONDITIONS: BACKGROUND: 5d) 2010 -B -29 Douglas and Catherine Ma... TOWNSHIP OF ORO- MEDONTE REPORT To: Committee of Adjustment Subject: Consent Application Doug Shelswell and Catherine Harrigan- Shelswell Concession 14, West Half Lot 15 (Former Township of Oro), 2278 1 5/1 6 Sideroad Prepared By: Steven Farquharson, B.URPL Intermediate Planner Motion R.M.S. File D10 -40918 The following conditions are required to be imposed on the Committee's decision: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor and submitted to the Secretary- Treasurer; 2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; Furthermore, the legal description and the parcel description of the recreated parcels be identical to that contained in the original deed and must be so designated on a Reference Plan to be provided by the Applicant; 3. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. The purpose of Consent application 2010 -B -29 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 approximately 423 metres of frontage along 15/16 Sideroad East, with a lot depth of approximately 617 metres and a lot area of approximately 25 hectares and contains a dwelling and various outbuildings. The lands to be retained would have frontage along 15/16 Sideroad West of 326 metres, a lot depth of approximately 617 metres, and a lot area of approximately 20 hectares. The retained parcel currently is vacant. The applicant has submitted a historical timeline of the property, which has been attached for the Committee's reference. The lots were separate conveyable lots until 1868, when they merged in title under Edward Mawdlsey. The summary of the deeds which support this timeline are attached to this report. Development Services Meeting Date October 21, 2010 Application No. 201 0 -B -29 Page 1 of 7 Page 58 of 204 ANALYSIS: 5d) 2010 -B -29 Douglas and Catherine Ma... The purpose of consent application 2010 -B -29 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. FINANCIAL: Not applicable. POLICIES /LEGISLATION: 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 1868 Edward Mawdlsey had ownership of the west part of Lot 15 and on February 4 1868, acquired the East part of the West part of Lot 15, therefore the two were conveyable in accordance with the Planning Act. b) The merging of the lots was unintentional and was not merged as a requirement of a previous planning approval; The parcels were merged together as a result of Edward Mawdlsey having acquired ownership of both parcels in 1868. 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 parcels are the same size and shape that existed at the time they were separate lots. The Township will require that a surveyor confirm the new lots match the original description. 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 15/16 Sideroad East and Line 13 North respectively, both of which are maintained year -round by a public authority (Township). Development Services Meeting Date October 21, 2010 Application No. 2010 -B -29 Page 2 of 7 Page 59 of 204 f) There are no public interest served by maintaining the property as a single conveyable parcel; The public interest would not be affected by this proposal. g) Conforms with Section D2.2.1 of this Plan; and, Section D2.2.1 of the Plan is discussed further below. 5d) 2010 -B -29 Douglas and Catherine Ma... 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 Township for access for the retained lands from the 15/16 Sideroad East. The severed lands currently have a dwelling and various outbuildings and have an existing entrance from 15 Section D2.2.1 of the Official Plan contains tests to be considered 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 would have frontage on the 15/16 Sideroad East and Line 13 North and the retained land will have frontage on the 15/16 Sideroad East, which are public roadways maintained year -round by the Township of Oro Medonte. b) Does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; The properties will not have access to a Provincial Highway or County Road. c) Will not cause a traffic hazard; This application proposes to re- create a lot. Significant traffic volume will not be generated by any additional dwellings if located on the proposed retained lands. The applicant will be required to apply for and obtain an entrance permit from the Township Public Works Department. 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 lands proposed to be severed would have a frontage along 15/16 Sideroad East of approximately 423 metres, and a lot area of approximately 25 hectares. The lands to be retained would have frontage along 15/16 Sideroad East of approximately 326 metres, and a lot area of approximately 20 hectares. The severed parcel currently has an existing dwelling with various agricultural building. 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 and retained lands would 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. Development Services Meeting Date October 21, 2010 Application No. 2010 -B -29 Page 3 of 7 Page 60 of 204 f) Will not have a negative impact on the drainage patterns in the area; Any future residential development will be reviewed by the Township Building Department, where the construction of a new single detached dwelling may be subject to the completion of a lot grading and drainage plan to ensure water runoff has no negative impact on neighbouring properties. g) Will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; The retained lands, will meet with the minimum required lot frontage and area requirements of the Zoning By -law. No development applications are active adjacent to the subject lands, and as such no negative impacts with respect to access are anticipated as a result of this consent. h) Will not have a negative impact on the features and functions of any ecological feature in the area; Both the severed and retained lands are sufficiently outside of the regulated area of the Lake Simcoe Region Conservation Authority and no environmental feature is identified on Schedule B of the Official Plan. 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 this basis, the application is considered to be appropriate and generally conforms 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 Tots should be not less than 35 hectares, or the original survey lot size, whichever is the lesser. As stated above, these two lots merged in 1868 and prior to that time were separate as a 20 hectare and 25 hectare parcel and therefore it is considered appropriate to re- create these parcels at the land size previously in existence. The proposed technical severance would be consistent with the surrounding land uses, would continue to allow for agricultural uses, and has been determined that it conforms to the policies of the County Plan. The adopted County Plan continues to include the policies discussed above and therefore, it is our opinion that the proposed development generally conforms to the policies of both County Official Plans (approved and adopted). Provincial Policy Statement 5d) 2010 -B -29 Douglas and Catherine Ma... 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 Development Services Meeting Date October 21, 2010 Application No. 2010 -B -29 Page 4 of 7 Page 61 of 204 type of agricultural operations. The proposed Consent is intended to re- create a parcel of land which was previously separately conveyable and contains 25 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. 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 25 hectares could be utilized for agricultural use and is considered to be consistent with the Provincial Policy Statement. Places to Grow ZONING BY -LAW 5d) 2010 -B -29 Douglas and Catherine Ma... 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, on this basis the consent for the technical severance to re- create the original lot would therefore conform to this policy. The subject property is currently zoned Agricultural /Rural (A/RU) 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. CONSULTATIONS: Transportation and Environmental Services Building Department Engineering Department County of Simcoe Comments Forthcoming ATTACHMENTS: Schedule #1- Location Map Development Services Meeting Date October 21, 2010 Application No. 2010 -B -29 Page 5 of 7 Page 62 of 204 CONCLUSION: By reviewing the timeline provided by the applicant, which confirms that these parcels previously existed as separate parcels, determining that the proposal appears to meet the criteria required by Section D2.2.3 of the Official Plan, and that these parcels would maintain the use and setback provisions of the Zoning By -law, it is the opinion of the Planning Department, that Consent application 2010 -B -29 for a technical severance is appropriate. Respectfully submitted: Steven rquharson, B.URPL Intermediate Planner 5d) 2010 -B -29 Douglas and Catherine Ma... Reviewed by: Glenn White, MCIP RPP Manager of Planning Services Development Services Meeting Date October 21, 2010 Application No. 2010 -B -29 Page 6 of 7 Page 63 of 204 Development Services Application No. 2010-B-29 SCHEDULE 1: LOCATION MAP 2010-B-29(Shelswell) 5d) 2010-B-29 Douglas and Catherine Ma... Proposed Severed Lands co Proposed Retained Lands I 0 55 /110 220 330 Meeting Date October 21, 2010 Page 7 of 7 440 'Aet ,rs Page 64 of 204 SHIRLEY PARTRIDGE REGISTRY SERVICES INC. 168 LAKESHORE ROAD WEST R.R. 1, ORO STATION, ON LOL 2E0 September 17 2010 The Corporation of The Township of Oro Medonte 148 Line 7 S, Box 100 Oro, ON LOL 2X0 Attention: Committee of Adjustment Dear Members: 5d) 2010 -B -29 Douglas and Catherine Ma... Re: Douglas Ian Shelswell and Catherine Mary Harrigan Shelswell Application for Technical Severance West Half of Lot 15, Concession 14, Township of Oro Medonte PIN 58539- 0092(LT) Douglas Ian Shelswell and Catherine Mary Harrigan Shelswell are the registered owners of the West Half of Lot 15, Concession 14 in the former Township of Oro. Lot 15, Concession 14 was patented as "All of Lot" in 1832 to the Canada Company. The entire lot was then conveyed to Henry Creswicke in April, 1849. Mr. Creswicke commenced to split the said lot 15 into four parts: i) south -east part Fifty Acres to John McColman on March 29 1848; ii) north -east part Fifty Acres to John McPhee on March 15 1855; iii) east part of west part Fifty Acres to Archibald McPhee also on March 15 1855; iv) west part Sixty -four Acres to Edward Mawdsley on July 23` 1855. An old sketch illustrating the division of the lot was affixed to a copy of the original abstract page many years ago. Archibald McPhee proceeded to convey his portion being the east part of the west part (50 acres) to Edward Mawdlsey on February 4 1868. Therefore the west part (64 acres) already under the ownership of Edward Mawdsley merged with the said east part of the west part (50 acres) acquired by him at this time. The two portions comprising all of the west half of Lot 15, Concession 14 passed through the Mawdsley family until April 15 2003 at which time Mr. and Mrs. Shelswell purchased the lands. The Shelswell's wish to re- establish the west Page 65 of 204 5d) 2010 -B -29 Douglas and Catherine Ma... half of Lot 15, Concession 14 into the two separate parcels that existed in 1855, namely the east part of the west part (50 acres), and the west part (64 acres). You very truly, irley Partri..e e e !dent Shirley Partri.ge Registry Services Inc. Page 66 of 204 1 t)0 oito cl m Ltaarvyari aJI4DropV )''Q v 1, 5 w I h LA S CS d \4 -E- J4 ).0 -1.?! siAn!5N AQJ k l 71.417 A)) P'J X 5d) 2010 -B -29 Douglas and Catherine Ma... n A n Chn1 ut oarv?I- amon'1o)) b9 ry o 1 1 svt Ai srcxp1,A upam*: Jur orvini 1t1 poo3 Page 67 of 204 381 301114077v (N OY.. 1 4 &gap 5d) 2010 -B -29 Douglas and Catherine Ma... a Page 68 of 204 Sl�7Ya r,r ca0 S i.1 �a. /f7 Z 3 y v (5 i /f7 e'' 07. 1 if......144..)zcz... y ,,a,, ci'a.d ao e eti 6 K. /176• p' 7 �..f 4t ,7214 014.4 e 44 ct1 ttY tom -/1k c rOP1 fk ri2- J >4'�aa.� -v .i 2-0,0 71; .f' 3/27444/ al e2 a JfPa G <_f rkw 4>�., .14 [`sue d. s rGaG+io.• m -t A Gf� G. y..✓/ 2O1O She Existing Dwelling and Agricultural Buildings on Sever ed lands a) to z CU m w tf, ion 01 0 N co tan 0 1 CO 3 o LL- 0 N 5d) 2010 -B -29 Douglas and Catherine ivia... Page 71 of 204 2010 -B-29 She swe Frontage along 15/16 Sideroad 5d) 2010 -B -29 Douglas and Catherine Ma... Page 73 of 204 1 i 1 S puel pap `S P (ii51a5 61-0tOZ 1 0 2010 -8 -29 (She Swe l Surroundi and uses to the South- west 2010 -B -29 She swe Surrounding Land Uses to the West 2OiOB a nds SbeSWe W esterly Limits of the Severe L (9 �nea/orte Application No: 2010 -B -30 Meeting Date: October 21, 2010 Roll Proud Heritage, Earring Fsrrure REQUIRED CONDITIONS: BACKGROUND: ANALYSIS: TOWNSHIP OF ORO- MEDONTE REPORT To: Committee of Adjustment Subject: Consent Application (Granite Hill Forestry Inc.) Block B of Plan 1650 4346- 020 005 -04050 Block C of Plan M29 5e) 2010 -B -30 Granite Hill Forestry In... Prepared By: Steven Farquharson, Intermediate Planner Motion R.M.S. File D10 -40922 The following conditions are required to be imposed on the Committee's decision: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 2. That the severed lands be merged in title with 20 Snowshoe Trail and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. The applicant is proposing a boundary adjustment to convey approximately 0.15 hectares (0.37 acres) from the subject property to the neighbouring residential lot to the south being 20 Snowshoe Trail. No new building lots are proposed to be created as a result of the lot addition. The purpose of application 2010 -B -30 is to permit a lot addition /boundary adjustment. The subject land is Part of Block B, Plan 1650, having a depth of approximately 18 metres and an area of Development Services Meeting Date: October 21, 2010 Application No. 2010 -B -30 Page 1 of 5 Page 80 of 204 approximately 0.15 hectares. The subject lands are proposed to be added to the adjacent lands to the south (Snowshoe Trail). No new building lot is proposed to be created as a result of the lot addition. FINANCIAL: Not applicable. POLICIES /LEGISLATION: Township of Oro Medonte Official Plan? 5e) 2010 -B -30 Granite Hill Forestry In... The subject lands are designated "Rural" and "Environmental Protection Two" by the Official Plan. Section D2 of the Official Plan contains policies with respect to subdivision of land. Specifically, Section D2.2.2 "Boundary Adjustments provides the following guidance for Consent Applications in general: "a consent may be permitted for the purpose of modifying lot boundaries, provided no new building lot is created... the Committee of Adjustment shall be satisfied that the boundary adjustment will not affect the viability of the use of the properties affected." With respect to the application at hand, no new building lots are proposed and does not affect the viability of the current use. As such, the proposed boundary adjustment is generally in keeping with the intent of the residential policies stated in the Official Plan, and otherwise conforms to the boundary adjustment policies contained in Section D.2.2.2. County Official Plan The subject lands are designated Rural designation in the County of Simcoe's Official Plan. Section 3.3.4 of the County's Official Plan, "General Subdivision and Development Policies states that "Consents for the purpose of boundary adjustments and consolidation of land holdings are permitted but shall not be for the purpose of creating new lots except as otherwise permitted in this Plan. All lots created shall conform to all applicable municipal policies and bylaws." On this basis, the proposed consent appears to generally conform to the policies of the County of Simcoe's Official Plan. Provincial Policy Statement The Provincial Policy Statement does not contain policies directly related to Lot adjustments (boundary adjustments) in the "Rural Areas" or "Nature Heritage" areas. The policies are related to the creation of a new lot or development, which are not proposed by this application. Does the Consent comply with the general intent of the Zoning By -law? The subject property is zoned Private Recreational (PR) Zone by Zoning By -law 97 -95 as amended. This zone permits a wide range of passive and active recreational uses and does not require a minimum lot area or frontage. Lands zoned PR conservation uses, forestry uses and golf courses. None of these uses currently exists on the portion of the property that is proposed to be conveyed to 20 Snowshoe Trail. The lot to be enhanced, being 20 Snowshoe Trail, is zoned Residential One (R1) Development Services Meeting Date: October 21, 2010 Application No. 2010 -B -30 Page 2 of 5 Page 81 of 204 Zone. Pending approval of the application, the lot to be enhanced will still maintain the required lot area, and will comply with the minimum setback requirements for a structure in the R1 Zone. Staff is of the opinion that the rezoning of the conveyed lands is not necessary at this time however it should be noted that the no residential structures are permitted on the lands with the Private Recreation (PR) Zone. CONSULTATIONS: Public Works Department Building Department Engineering Department ATTACHMENTS: 1. Location Map 2. Proposed Lands to be Conveyed CONCLUSION: It is the opinion of the Planning Department, that Consent application 2010 -B -30 for a boundary adjustment, would appear to conform to the general intent of the Official Plans of the Township and the County of Simcoe, as well as the Provincial Policy Statement, and maintains the use and setback provisions of the Zoning By -law. Respectfully submitted: Reviewed by: Steven ha on, B.URPL Intermediate Planner 5e) 2010 -B -30 Granite Hill Forestry In... Glenn White Manager, Planning Services Development Services Meeting Date: October 21, 2010 Application No. 2010 -B -30 Page 3 of 5 Page 82 of 204 Development Services Application No. 2010 -B -30 txtt +ii f t r t r ty r i s K a} f rf I <i isy *s i tt r'ttt I wttt xy f t }xi rts� *i�� M iY�'Y jrrs'sK Kss� fi liir *�f'�i *��}awwMti}yj *r� *yi+y�x qt r 1 s. a s iit *t i W a�tf ftyl} Attiiint r *s r tY +f IJ iti .tit t e r s e i ce *r aty*tur r a} }r sw a t A/ o ?t n/ I a s r }s:Yi`ri" }at�Ytett f *i��ri�r�fyii d f t fptt *sett i }'*i `ii *"s, —rti si f *i +e•tY} wtetti Ytr I cif *r ttrY i *t tt ii wR�yi +ia r+rt �r t Y tiftr w t a t taY a ra rx tY ar t rt etiw six �s.�" s R tit tz/ offs. ^a et i e t t si i'r r *tit i a t t i f t tttt tt rt t f tr ri }rt *t' t t i e ft} Y ft tt 'srt };iit Yti te ti� }a lffti tit Yt Y Ml' tia 7 Y K f f i M rtM r} r fttr fe at }t a ft t tif e e t i Y x sx ri' r Yr+f i ft f` :i`* yxw is fi .tt Mftit }af aft *ri1 *ti *�i>•ri*ttfi +r rxh. er e a xrtartf Attachment #1: LOCATION MAP VALLEYVEE W r 20 Snowshoe Trail 11‘ Proposed Retained Lands II Proposed Lands to be Conveyed to 20 Snowshoe Trail 5e) 2010 -B -30 Granite Hill Forestry In... J Q' 0 75 150 s— Meeting Date: October 21, 2010 Page 4 of 5 Page 83 of 204 t t �t�� Development Services Application No. 2010 -B -30 Attachment #2- (Lands to be Conveyed) Proposed Lands to be Conveyed to 20 Snowshoe Trail f 5e) 2010 -B -30 Granite Hill Forestry In... :i* tttttt 00 i� i* r *f .�r y O 0 .sti 1 **r yr s *r w ir As.** 13:00,1t 1% 131104' 1 1 *ri*rfs *i*000.11ri %M*i%s .....1 f r000" X06., 0K ±�w w1 *..r. r 1.0.0hOtt *0 o *1** w **wM *.'+'r'r *s.... *rF *.f 1M r 0.0 r+l.*rt*1%{r0y0°000i.{.Y* �.i p *i`r O ttri�'isF0 i +*w *rry {K�* "w *i ii; *i i�i*� Ott: 01100 06 .iil' +irsriri *r *r**.. iy* 1 r* d* r** r*%,* 0 0 4 %1.0.1%.*** "*i** *i+1'i *r *r Y *'r**r4.40 1 .fr ri ∎10. 'i'* iM 1W0.4 *rifr.r %0 .'{f *r* *0K *r *Yr***** 20 Snowshoe Trail I I Proposed Retained Lands 0 20 40 80 120 160 Meters Meeting Date: October 21, 2010 Page 5 of 5 Page 84 of 204 .1 N. 1n1 1 v REG A 8.47650 VG 1 1 OW i 4.. 14 I II 2 8 I-7 WIE 80 OW 8 1 L r °,1 1 ei a MOONSTONE CRESCENT G P 0 a 56' I C'3 W G. 085 1 I 8 PLAN 5,81953 (12) MNMTRY OF CONSUMER AND COMMERCIAL ONTARIO RELATIONS THIS INDEX MAP SHOWS ALL PROPERTIES EXISTING N BLOCK 58523 SHEET 8 ON JULY 4 2000. SCALE 0091 0295 0296 Pfl I WO PROPERTY INDEX MAP BLOCK 58523 TOWNSHIP OF ORO—MEDONTE COUNTY OF SIMCOE (OFFICE 51) 5e) 2010 Granite Hill Forestry In... 18 3800 PLAN 518-6502 SHEET 5 8 8 LEGEND on.po tp.seno PPM. N.. CAP 141411. nmuns mops", elm CVO 01.75.60.0 fl....004917 8088 PEG PLAN IWO PE 40111.... ran MOPE. 11.7002.1 0147, PM.. OP I7E .1.17. MEER EOM AND PP R. OUT „0.1■001„..„ MTVAS UCII4CTIregb „WEPT, Page 85 of 204 060 LAIL 51847597 4. NOTES Nom Ametm un, OEM. OUNSvo. NE.. PRO.. SONO II certn. 4.4 WS NAP FAS COWLI„ P. PLANS .4. N LANO 110.7114 PM, EPS .11 POP NEMIP nen. ow. POP InipPENS Of PPM. M.N. ONLY la AJe. E•SEI. I EX I' ralt=417 CO 0 co 1500 0 1 4 0, 1; 2, F-- 0 I _J 17.0 Nobert Clarke INC., I490 we.lir, 77.73 FoRZ5,,,c r STOREY 0") 77.30 LOT 10 PLAN M--174 z CftA.O.S1 N$9 '06 Pat ILA/ .wE• SNOWSHOE N50 4..17 PEES (2a12m. itiOe oattavEct BY PLAN Ai--/7•) u UK .8% REGISTERED P! 16 Ns9 mco 3E TRAIL HO PERS>: NAT COPY. REPRODUCE. OISTRIROE OR Au INS PLAN IN %ROLE OR IN PART WITHOUT TNE WRITTEN PECIUMION OF ROBERT N. cLARKe 044, NOTE LEGEND scRVEYOR'S CERTIFICATE I DENOTEs suRver mCINUMENT FOLINO I cr7TIPY THAT: sE ARE AS1ROMOIRC AND ARE RRea 0 SURVEY NONulAENT "''T THE AEU SURWEY REPRESENTED TO IRE ttoRTHERLY UNIT OF LOT 70 SS STANDARD IRON ISAR ON THIS PLAN AS SKEAN CA PLAN P-174 NAvING A REARN0 [RON BAR n.e Acse.-43,,, IP 55.89 PAN R.2.7_96 C=.25.04 A.20.50 N2618E PAS ROL3FPT r".6 I N I -or IT 41- 52.35 IC.25.04 .125..50 NZ6 WE !PAS Member Municipalities Adjala- 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 October 7, 2010 Steven Farquharson, Secretary- Treasurer Committee of Adjustment Township of Oro Medonte P.O. Box 100 Oro, Ontario LOL 2X0 Dear Mr. Farquharson; 5e) 2010 -B -30 Granite Hill Forestry In... Re: Application for Consent 2010 -B -30 (Granite Hill Forestry Inc.) Block B, Plan 1650, and Block C, Plan M29 Township of Oro Medonte (Formerly Township of Medonte) The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this application for consent to facilitate a boundary adjustment and based upon our mandate and policies, 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 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 87 of 204 L V) CU L 0 LL 5e) 2010 -B -30 Granite Hill Forestry In... Page 88 of 204 L CD L 0 LL -o w w 0 U W -o 0 C (r) co L. co J a) 0 0 L M CL O 1 0 N 5e) 2010 -B -30 Granite Hill Forestry In... Page 90 of 204 L CU L 0 LL -0 w c ca a cc sp -I--J O .4 I C N ro co S. J N 0 O 2 L M m O 1 0 N 5e) 2010 -B -30 Granite Hill Forestry In... Page 91 of 204 Hi-- FO ceStry (Granite Enhanced be En e Proposed to Propo.b,;� 2010-B-30 ands on Existing (9; /ieclo ite� Pr,vd Heritage, Ereff lag Future Application No: 2010 -B -31 Meeting Date: October 21, 2010 Roll 4346 -010- 002 -1640 REQUIRED CONDITIONS: TOWNSHIP OF ORO- MEDONTE REPORT To: Committee of Adjustment 5f) 2010 -B -31 Adrian and Tanya McKendr... Subject: Consent Application Adrian and Tanya McKendry Part of Lot 5, Concession 4, RP 51R-17464 Part 1 1202 Bass Lake Sideroad (Former Township of Oro) Prepared By: Steven Farquharson, Intermediate Planner Motion R.M.S. File D10- 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 maximum total lot area for the severed lot be no greater than approximately 1.97 hectares; 3. That the applicant and the NVCA establish a conservation agreement with an associated Conservation Easement and Restrictive Covenants to be registered on title to ensure long term protection of remaining natural heritage features on the property. 4. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 5. That the applicant pay 2,000.00 for the lot created as cash -in -lieu of a parkland contribution; 6. That all municipal taxes be paid to the Township of Oro Medonte; 7. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. BACKGROUND: The purpose of Consent application 2010 -B -31 is to create a residential lot by way of severance would have a frontage of approximately 121 metres on Bass Lake Sideroad, a depth of approximately 161 metres and an area of approximately 1.97 hectares. Development Services Meeting Date: October 21. 2010 Application No. 2010 -B -31 Page 1 of 6 Page 93 of 204 ANALYSIS: The purpose of Consent application 2010 -B -31 is to create a residential lot by way of severance would have a frontage of approximately 121 metres on Bass Lake Sideroad, a depth of approximately 161 metres and an area of approximately 1.97 hectares. The propose retained lands would have approximately 219 metres of frontage along Bass Lake Sideroad and a lot area of approximately 19.4 hectares. The applicant has completed as part of the consent process an Environmental Impact Study, to show that the creation of a new residential lot in the Oro Moraine Core /Corridor Area will have no negative effects. The applicant is required (discussed below) to enter into an conservation easement with dedication of lands to a public authority or non profit group. FINANCIAL: Not applicable. POLICIES /LEGISLATION: Official Plan 5f) 2010 -B -31 Adrian and Tanya McKendr... The subject lands are designated Oro Moraine- Natural Core /Corridor Area within the Official Plan. The applicant's lands are characterized as having extensive mature tree coverage, with a steady incline to the north, however the preferred location in which the applicant would like to place a dwelling is clear of any significant tree coverage and is relatively flat. Due to the property being located within the Oro Moraine- Natural Core /Corridor Area, the applicant was required to complete an EIS to ensure that the development of the lands will not have a negative effect on the environmental features. Section B1.10 of the Official Plan requires an EIS for new development on lands within the Oro Moraine- Natural Core /Corridor designation. As a result of the EIS investigation, it was determined that the proposed development on subject lands would have no negative impacts on the natural Hertiage features or functions of the area. The EIS was completed by Dillon Consulting, dated September 2010, and subsequently circulated to the Nottawasaga Valley Conservation Authority (NVCA) for comment. Comments were received from the NVCA on October 8, 2010, with respect to the EIS. The NVCA accepts the conclusion from the EIS that the creation of a lot and future development will not have a negative impact of natural heritage features and functions of the area. More specifically, Section B1.10.1.4 of the OP provides specific criteria, and which development may occur. Subsection d) allows for the creation of one new residential lot per 20 hectare parcel maybe be considered if the result of the application is the dedication of lands to a public authority or non profit group. In addition, new residential lots maybe considered if the remnant parcel will be subject to a long term (over 20 years) conservation easement. The applicant has indicated that an conservation easement will be entered into with the NVCA, upon approval of the consent application. County Official Plan Development Services Meeting Date: October 21. 2010 Application No. 2010 -B -31 Page 2 of 6 Page 94 of 204 In analyzing 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 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 Oro Moraine Core /Corridor designation, the Township's policies apply. The Township Official Plan required the applicant to completed an EIS demonstrating that there would be negative effects on the natural heritage system (Oro Moraine). The applicant has completed this study which has confirmed that the creation of a new lot would not have any negative effects on the natural heritage system. The NVCA has reviewed the study and have agreed with this conclusion. 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 2.1 of the PPS contains policies that discourage development in Natural Heritage areas unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions. The applicant has completed an EIS, which concluded that there will be no negative effects on the environmental feature (Oro Moraine). On this basis, the proposal appears to be consistent with the intent of the Provincial Policy Statement. Places to Grow Zoning By -law 5f) 2010 -B -31 Adrian and Tanya McKendr... Planning staff has reviewed the application for consent in the context of the Places to Grow policies of the Provincial Government, introduced in 2006. As stated above, the policies in the Official Plans for the Township and the County of Simcoe permit severances within the Oro Moraine Core /Corridor Area, provided that and EIS is completed to demonstrate that there will be no negative effects on the environmental features. On this basis, the proposal appears to generally conform with the Places to Grow policies of the Provincial Government. The subject property is zoned Agricultural /Rural (A/RU) Zone by Zoning By -law 97 -95 as amended. The area in which that is proposed to be severed has a zoning of Agricultural /Rural Zone. With consultation with the NVCA, it was determined that the proposed lot will not have any negative impact on the environmental features (Oro Moraine). The minimum lot area required for a single detached dwelling is 0.4 hectares and the required frontage of 45 metres. With the creation of a residential lot by way of severance would have a frontage of approximately 121 metres on Bass Lake Sideroad, a depth of approximately 161 metres and an area of approximately 1.97 hectares., and as such the application appears to meet the provisions with the Zoning By -law. Development Services Meeting Date: October 21. 2010 Application No. 2010 -B -31 Page 3 of 6 Page 95 of 204 CONSULTATIONS: Public Works Department Building Department Engineering Department Nottawasaga Valley Conservation Authority- Comments attached County of Simcoe- No Objection ATTACHMENTS: Schedule #1- Location Map Schedule #2- Proposed lot location CONCLUSION: In the opinion of the Planning Department, Consent applications 2010 -B -31, to create a residential lot by way of severance, conforms to the general intent of the Official Plan and Zoning By -law. Respecttully submitted: Steven arquharson, B.URPL Intermediate Planner 5f) 2010 -B -31 Adrian and Tanya McKendr... Reviewed by: Glenn White, MCIP, RPP Manager, Planning Services Development Services Meeting Date: October 21. 2010 Application No. 2010 -B -31 Page 4 of 6 Page 96 of 204 ca fi ST NORDI__�te. ert r z m Proposed Retained Lands Proposed Severed Lands SCHEDULE 1: LOCATION MAP 2010- B- 31(McKendry) L BAS 5f) 2010 -B -31 Adrian and Tanya McKendr... tr w z J 0 1: 5 275 550 T1 Development Services Meeting Date: October 21. 2010 Application No. 2010 -B -31 Page 5 of 6 1,100 Mete •s Page 97 of 204 Development Services Application No. 2010 -B -31 Proposed Retained Lands Proposed Severed Lands I 5f) 2010 -B -31 Adrian and Tanya McKendr... SCHEDULE 2: Proposed Lot Location 2010 -B -31 (McKendry) 0 45 S,0 180 270 360 Mete s Meeting Date: October 21. 2010 Page 6 of 6 Page 98 of 204 Garage 1126.21' 1202 Bass Lake Side Rd. W. Existing area 5188 acres Zoning A /RU Small Mar 2 Retained: 48 acres Pool 1' Existing House 1 Septic 720.67' 5f) 2010 -B -31 Adrian and Tanya McKendr... Severed Area 4.88 acres n 66 Bass Lake Side Rd. W. 293.5' Page 99 of 204 ttrri (rAputt i r Ataitii Izrtt INSTALLER APPLICATION NO. Ewart Ball DATE July 16 19 82 F 82 0 29 WORK AUTHORIZED BY THE CERTIFICATE OF APPROVAL HAS BEEN SATISFACTORILY COMPLETED AND INCLUDES: a) Septic tank /holding tank of working capacity of 800 Imp. Gals. constructed of steel concrete 25 fibreglass on site or prefabricated to serve 3 (no. of bedrooms or units). new single family dwelling b) Leaching bed of total 250' lineal feet of 3 inch diameter distribution pipe 01 Gravenhurs Muskoka P .V. C. (type and product description e.g. Canon CSA Approved PVC) laid in 5 runs and fed by gravity (gravity, siphon, pump). c) Proprietary Aerobic System. (Manufacturer) (Model) d) Other details 1) trench bed at 6' centres with split header 2) drilled well a) System components installed as shown on application suppo rting Certificate of Approval b) If located other than in (a) use space below for sketch and dimensions from permanent points of reference sufficient to facilitate future location of tank and leaching bed including orientation of pipe runs. P,. t p 0'5.4 Ty 0 c A T 1 1 1 1 1 1 1.. I 1 lI I I I 1 I I 1 11 1 1 1 1 1 1 1 .4- 1_ n 1 J r z0 r/ AC'-'m THE FOLLOWING WORK REMAINS TO BE COMPLETED. 5f) 2010 -B -31 Adrian and Tanya McKendr... 1 'Backfill System and Complete 2i-finish Grading to Shed Run -off and Divert Water Around Leaching Bed &I all Sloped Surfaces Other Any Use Permit issued hereunder may be revoked if this work is not completed promptly to health unit standards. U Under Section 59a of The Environmental Protection Act, 1971 and subject to the provisions of The Act and Regulations a Permit is hereby issued to S (Owner) Mr. Philip Graydon for the use and operation of the Class IV sewage p g system constructed/ 5 installed/ er'riaw.,4 1.4..,.ed,'eltel:ed pursuant to the Certificate of Approval issued above application number in accordance with the application P and Certificate of Approval with any changes indicated above and located on Lot gt Concession 4 1W d,4ownship /Ma '.;.f.t,; Oro E __R.giona ist0OSLCounty Simcoe Plan No. h 2 R Sub -Lot No. 11}}EEgq4 provides that no change can be made t ny building s) iT INSPECTED MM PE f DIRECTOR DATE '7 f j f j N Section 5 of The Act O operation effec tiveness of the sewage system will or is likely t be affected by the change, unless a new Certificate of Approv is obtained. Section 78 T of The Act provides that art applicant may appeal the imposition of terms and conditions by a Director on issuing a permit. Written notice of appeal must E be forwarded to the Director and to the Environmental Appeal Board, 365 Bay Street, Suite 900, Toronto, Ont., M5H 2V3 within 15 days of receipt of the permit. OWNER'S COPY USE PcRMIT FOR CLASS 4, 5, 6 SEWAGE SYSTEMS Page 100 of 204 Member Municipalities Re: Adjala- Tosorontio Amaranth Barrie The Blue Mountains Bradford -West Gwillimbury Clearview Co I I i ngwood Essa Grey Highlands Innisfil Melancthor Mono Mulmur New Tecumseth Oro Medonte Shelburne Spri ngwater Wasaga Beach Watershed Counties Dufferin Grey Simcoe Member of Conservation ONTARIO October 8, 2010 Steven Farquharson, Secretary- Treasurer Committee of Adjustment Township of Oro Medonte P.O. Box 100 Oro, Ontario LOL 2X0 Dear Mr. Farquharson; 5f) 2010 B 31 Adrian and Tanya McKendr... Application for Consent 2010 -B -31 (McKendry) Part Lot 5, Concession 4, 1202 Bass Lake Sideroad West Township of Oro- Medonte (Formerly Township of Oro) The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this application for consent in accordance with Natural Heritage policies established under the Provincial Policy Statement and within the Oro Medonte Official Plan. The NVCA has reviewed the Environmental Impact Study (EIS) dated September 2010 prepared by Dillon Consulting Limited. The NVCA accepts the conclusion that the creation of the lot and future development will not have a negative impact on natural heritage features and functions of the area. On this basis, the NVCA has no objection to the approval of this application subject to the following condition: That the applicant and the NVCA establish a Conservation Agreement with an associated Conservation Easement and Restrictive Covenants to be registered on title to ensure the long term protection of remaining natural heritage features on the property. Our request for the establishment of a Conservation Agreement Easement and Restrictive Covenants is in concert with the Conservation Land Act, the Conservation Authorities Act and the NVCA Conservation Land Protection and Acquisition Policy. We advise the property is not under the regulatory jurisdiction of the NVCA and a permit is not required under the Conservation Authorities Act for future development. Notwithstanding this, the NVCA recommends that the mitigation measures recommended in Section 5.1 of the EIS be implemented during the remainder of the planning and construction process. Celebrating 50 Years in Conservation 1960 2010 ..J2 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 101 of 204 5f) 2010 -B -31 Adrian and Tanya McKendr... Application for Consent 2010- B- 31.Oro- Medonte Thank you for circulating this application and please advise us of any decision. Sincerely; Tim Salkeld Resource Planner Copy: Adrian McKendry, applicant Paae 2 Page 102 of 204 2010 -B -31 Vc<endry 1202 Bass Lake Sideroad West Figure 1: Project Location and Natural Features Legend e Preterree Lecanun 01 N.. Mira Re9bental Barg Sin Corrtt7VIB I 1202 133!-S Lie 9demaa West Ppproxlmate Locatlan If &.BBMe Lxd Sevelarlue 0eenllae scheme 5.1 Land Use Ceggra1o!s) CVR_d: Rual Property' FOCM5-1: E Fr0Sh sugar Maple Dentdiapts Face51 FC410:2 -2: Dfl FRah Sugar Ma1N e0'Tlte Pt* Mixed Fet10 TAGM1: CArine0m00 nantaetn 7HMM1 -1: Nallve M1eee 9ege1EC32 JI i11[SC1 15,030 6 ILO 20J 3N cleated &q: C a 00 mha.4 DR 0 a adirla :0 10 ca 0d 110OAetl:0019111 L3] f 00 Pafh: I.'[ 0110114 110150 LCmhcm m0 03Wn1 Features. 1010 0 4J 5f) 2010 -B -31 Adrian and Tanya McKendr... Page 104 of 204 5f) 2010 -B -31 Adrian and Tanya McKendr... Page 105 of 204 2010 -B -31 ;Vc<endry) Proposed Severed Lands 5f) 2010 -B -31 Adrian and Tanya McKendr... Page 107 of 204 78um sLip of .edonte P+w.d Heritage, Fixating Mawr Application No: 2010 -A -33 Meeting Date: October 21, 2010 Roll 4346- 010- 007 -08600 REQUIRED CONDITIONS: BACKGROUND: TOWNSHIP OF ORO- MEDONTE REPORT To: Committee of Adjustment Subject: Variance Application (Suzanne Caudry) 15 Pemberton Lane Range 1, East Part Lot 1, Part 7 (Former Township of Oro) 5g) 2010 -A -33 Suzanne Caudry 15 Pember... Prepared By: Alan Wiebe, Planner Motion R.M.S. File D13 -40901 The subject property occupies an area of approximately 0.4 hectares, has frontages along Pemberton Lane and along Lake Simcoe of approximately 79 metres, and a depth of approximately 51 metres. The subject property has an existing dwelling constructed between 1950 and 1970, and a previously existing deck along the lake, constructed around 1985, that occupies an area of approximately 36 square metres (387 square feet). In 2009, an application for a Site Plan Agreement was submitted for the construction of a boathouse of approximately 78.15 square metres (841.25 square feet), as this property is zoned Residential Limited Service (RLS) Zone and subject to Site Plan Control, and the boathouse was constructed in 2010. Schedule 5 to this report was submitted to the Township with the subject Application for Minor Variance, and was also submitted with Site Plan Application 2009 SPA -13, for the construction of the boathouse, also showing the recently constructed deck, and omitting the previously existing deck. The previously existing deck and the boathouse were approximately 5.3 metres (17.5 feet) apart, per Schedule 3, until the construction of a deck occupying an area of approximately 33 square metres (357 square feet) joined the previously existing deck with the existing boathouse, occupying a total area of approximately 147 square metres (1,580 square feet). This connecting deck was constructed without a building permit, and brought the combination of the boathouse and attached decks into non- compliance with the Zoning By -Law. The purpose of this report is to consider Minor Variance Application 2010 -A -33, for relief from the Township's Comprehensive Zoning By -law in relation to the total area occupied by a boathouse with attached decks. Development Services Meeting Date October 21, 2010 Application No. 2010 -A -33 Page 1 of 10 Page 108 of 204 ANALYSIS: FINANCIAL: Not applicable. POLICIES /LEGISLATION: Do the variances conform to the general intent of the Official Plan? Does the variance meet the general intent of the Zoning By -law? 5g) 2010 -A -33 Suzanne Caudry 15 Pember... The applicant is requesting the following relief from Table B1 of Zoning By -law 97 -95: Zone: Residential Limited Service (RLS) Zone Required Proposed Section 5.7 b) Maximum total area of deck and 70 square metres 147 square metres boathouse 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. 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. On this basis, the proposal is considered to conform to the general intent of the Official Plan. The subject property is zoned Residential Limited Service (RLS) Zone, and permitted uses in the RLS Zone include single detached dwellings. Section 5.6 of the Township's Zoning By -Law contains provisions for the construction of boathouses within the Township. Section 5.6 does not regulate the area occupied by a boathouse, however, this section does regulate their location relative to a property's lot lines, their width relative to the width of a lot, their height above the average high water mark, and uses prohibited to take place within them. Section 5.6 c) states that "Boathouses are permitted on a lot provided The width of the boathouse does not exceed 30 percent of the width of the lot at the average high water mark" Section 5.7 of the Zoning By -Law contains provisions for the construction of decks, and distinguishes between decks which are attached to a house, stand alone, or attached to a boathouse. Section 5.7 b) states that "Decks which are either attached to a boathouse or are stand alone are permitted to be located at the water's edge provided the total area of the deck and the boathouse does not exceed 70 square metres (753 square feet)." Development Services Meeting Date October 21, 2010 Application No. 2010 -A -33 Page 2 of 10 Page 109 of 204 The purpose of these provisions is to regulate the visual prominence of buildings and structures along the shoreline, to prevent the overdevelopment of the shoreline, and to limit their effects on the shoreline area. 5g) 2010 -A -33 Suzanne Caudry 15 Pember... Based on the width of the lot (per Schedule 2) at 79.08 metres (259.45 feet), and the width of the boathouse, existing deck, and proposed deck (per Schedule 3) at 27.15 metres (89.08 feet), their cumulative dimensions occupy approximately 34.3 per cent of the width of the lot. Although Section 5.6 c) of the Zoning By -Law does not include reference to decks attached to boathouses in the calculation of a boathouse's width relative to the width of a lot, the general intent of this provision and of Section 5.7, is to limit the visual prominence of any one building or structure along the shoreline, and to prevent its overdevelopment. A site inspection revealed that the existing boathouse also has a deck area on its roof, occupying the entire footprint of the existing boathouse (approximately 78.15 square metres, or 841.25 square feet), and that the existing boathouse and approximate 69 square metres (744 square feet) of attached deck area occupies a significant area and proportion of the shoreline on the subject property. Further, the site inspection revealed that the subject property has an existing 1- storey dwelling which, based on Schedule 4 to this report, occupies an area of approximately 110 square metres (1,184 square feet). Therefore, as the application proposes to permit the increase in the total area of the boathouse and attached decks to occupy an area larger than the main building on the property, the proposal is considered to compromise the main building's visual prominence and use as the main building or structure on the property. Further, as the application proposes to increase the total area occupied by a boathouse and attached decks to 210 per cent of the total area permitted (of 70 square metres), the proposal is considered to lead to the overdevelopment of the shoreline. Therefore, on the basis of the above, the proposal is not considered to comply with the general intent of the Zoning By -Law. Is the variance appropriate for the desirable development of the lot? A site inspection revealed that the deck connecting the previously existing deck and boathouse has already been constructed. As previously noted, this connecting deck was constructed without a permit and brought the existing boathouse and deck into a situation of non compliance, where, individually, each was previously in compliance. As this connecting deck has lead to the increased development of the lot in a manner that is not considered to meet the general intent of the Zoning By- Law, the proposal is not considered appropriate for the desirable development of the lot. Is the variance minor? Although the proposal is considered to conform to the general intent of the Official Plan, and is considered appropriate for the desirable development of the lot, under these circumstances, as the application proposes to increase the allowable total area for a boathouse and attached decks on this property to more than twice the maximum permitted in the Zoning By -Law, and as the area occupied by the boathouse and attached decks occupies a greater area than the existing dwelling on the property, the proposed variance is not considered minor. Development Services Meeting Date October 21, 2010 Application No. 2010 -A -33 Page 3 of 10 Page 110 of 204 CONSULTATIONS: Transportation and Environmental Services Building Department Engineering Department Lake Simcoe Region Conservation ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Schedule 3: Floor Plan Schedule 4: Topographic Survey Schedule 5: Site Plan (October 2009) Schedule 6: Boathouse Elevations CONCLUSION: In the opinion of the Planning Department, Variance Application 2010 -A -33, to permit the construction and /or existence of a boathouse and attached decks that occupy a total area of approximately 147 square metres (1,580 square feet), does not appear to meet the four tests of the Planning Act. Respectfully submitted: Reviewed by: 7 Alan Wiebe Planner 5g) 2010 -A -33 Suzanne Caudry 15 Pember... Glenn White, MCIP, RPP Manager, Planning Services Development Services Meeting Date October 21, 2010 Application No. 2010 -A -33 Page 4 of 10 Page 111 of 204 Development Services Application No. 2010 -A -33 SCHEDULE 1: LOCATION MAP 2010 -A -33 (Suzanne Caudry) SUBJECT PROPERTY Lake Simcoe PEMBERTON LANE- 5g) 2010 -A -33 Suzanne Caudry 15 Pember... RIDGE ROAD 0 75 150 Meeting Date October 21, 2010 Page 5 of 10 L 300 Meters Page 112 of 204 N 5 v m 0 0 m 0 N O n N 0 00 PART 4 As se l FLAN 512.31725 ,s.r.r gyjano.±_, PART 5 1.---- PLAN 6R -31725 /NN 58554.0103 es-sreeaex cartow L. e alie! RI 1 aala c0010U1 LNL— (KNOWN AS) 01371£30.3. Kuno. IN 0r/o000 111.$1 nermen x ..70•.01 1 eV( Kr'iMb s rN PW 58554-0,103 03 wwuu n.3 lnmele 11.0310101e3A axle ew4ri am0 7 03l anon la w xl o PART 7 PLAN SIR -31725 w ���'1vwG� V4LL PART 6 Rd57. PLAN 51R 31725 wO IVNL 11 »m -1 1.1 maul PEMBERTON MIL 33 Weal 0 01 'z m E X63 I �zru3 ca+TOUR Ewe 1 0001 ma flJt'7 u i. C114T ihzlo ergai 7' 2c q SPA t3 LAKE SIMCOE PIN 5Q 0399 PART I PLAN 51R -3530 PIN 58554 -0097 006027-' LANE PART I PLAN 516 P1 N 58554 -0704 C N30 0 LKIC ROU f�ve0K3mTE iM m PICK! SMpaLa[ 901 f MTwTR L16 N O (J) On m w 0 C cn N 7 Cr) <D m 1 r QD Z 1.1 A J 1 I NMI 11 1.. 1 lllllllll 111001 11111 lllll /111111 l I llll 1111111i111111 1111 llllllllll 111411 11111111111115 lllll 1 1111111E1111111111 .t ilium llllllll II 1111111111111111111111 /411111111111111111i 1111111111111111111111 111111111111111111111 111111,141.1;li.111111 I. I ijiiiniji inEilh111111111 1111 11 11 lllll IM11111 lllll II 111111 llll liIrr 111.11 1 1111111111 1111111M 111111in 1111111111 .itourim 1111 11111E1111111 sammultuti 1111111111111 11111111131 IuIuIIuIuI llllll M1111111111 IlIlI 11111 lllll 111 I .M111111111 lin1111111ti 1111111M1111 lllll It .0 r11111 lllll II CM= -4› SCHEDULE 3: FLOOR PLAN 2010-A-33 (Suzanne Caudry) of* .ti 5g) 2010-A-33 Suzanne Caudry 15 Pember... z di Development Services Meeting Date October 21, 2010 Application No. 2010-A-33 Page 7 of 10 Page 114 of 204 41.10 PO 7 .1•11 Pl..SfiS PMT i ...AV.. au a. P. WO:Ma 2 /4 —laatt.■• Is PEMBERTON w o 1,4,...o- e. ow. ....0...d....- ..?„7: WM. V I' Milef 3 11.r1 50;47:3 _rf !GAN& SCHEDULE 4: TOPOGRAPHIC SURVEY 2010-A-33 (Suzanne Caudry) 0 ,0•0 04•3* flTL VIFTC AL SCAti t 301 71 .„1 rix---- 1 7 ig, IrI.ax II I i- AKE At.tErxE •A' NALL 0.06 WraM111:1PreldIS111" 5g) 2010-A-33 Suzanne Caudry 15 Pember... N1330 on 104.0H,, upour PART OF LOT RANGE 1 rx or.c 0 op 70tiVTISHIP Cf ORO• *DOH' E COACT f SMCCE 0 *€S L04110 oywww. Development Services Meeting Date October 21, 2010 Application No. 2010-A-33 Page 8 of 10 *2 TES rA•nrr.....f.r.:=4.;va=" unror &AV( Mx; OtIrTIIA.IfE amaau. e: Page 115 of 204 Development Services Application No. 2010 -A -33 SCHEDULE 5: SITE PLAN (OCTOBER 2009) 2010 -A -33 (Suzanne Caudry) A 5g) 2010 -A -33 Suzanne Caudry 15 Pember... 1 Meeting Date October 21, 2010 Page 9 of 10 r Page 116 of 204 SCHEDULE 6: BOATHOUSE ELEVATIONS 2010 -A -33 (Suzanne Caudry) 5g) 2010 -A -33 Suzanne Caudry 15 Pember... Development Services Meeting Date October 21, 2010 Application No. 2010 -A -33 Page 10 of 10 Page 117 of 204 2010-A-33 x-Caudry`. Existing Dwelling on Subject Property -A-33 (CaudtV` 2O10 o n Subject Property Existing Boathouse 1 1 eo8 �u!'�S!x3 u }ooil asnou} l.�aadoad ��a(gn5 uO SApaa p OZ MP neD) -‘•C N c C c Page 121 of 2 2010 -A-33 (CaudtV` Boathouse on Subject Property Roof of Existing 5g) 2010 -A -33 Suzanne Caudry 15 Pember... Page 123 of 204 rr 124 2010 -A -33 Caudry Existing Dwelling, Decks, and Boathouse on Subject Property P 126 of 204 (9iv%.L Pi ovd ihvirnyv, 6scHlyg V./ IC Application No: 2010 -A -34 Meeting Date: October 21, 2010 Roll 4346-010-011-27100 REQUIRED CONDITIONS: TOWNSHIP OF ORO- MEDONTE REPORT To: Committee of Adjustment Subject: Variance Application (Phil Tuck) 33 Robinson Street Plan 615, West Part Lot B (Former Township of Oro) 5h) 2010 -A -34 Phil Tuck 33 Robinson St... Prepared By: Alan Wiebe, Planner Motion R.M.S. File D13 -40934 The following conditions are required to be imposed on the Committee's decision, with respect to the construction of a detached accessory building on the subject property: a. that notwithstanding Section 5.1.3 a) and 5.1.6 of Zoning By -law 97 -95, the structure shall otherwise comply with all other provisions for detached accessory buildings, as required under Section 5.1 of the Zoning By -law; b. that the setbacks from the front and interior side lot lines for the detached accessory building be in conformity with Table B1 (minimum required front yard for single detached dwelling), and Section 5.1.3 b) through f), of the Township's Zoning By -Law 97 -95; c. that the floor area for the detached accessory building, measured as the "total area of all floors in a building, measured between the exterior faces of the exterior walls of the building at each floor level" not exceed approximately 92.2 square metres (992 square feet); i. 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 the issuance of an occupancy permit that the floor area of the detached accessory building not exceed approximately 92.2 square metres (992 square feet); d. that the applicant obtain any permits and /or approvals, if required, from Lake Simcoe Region Conservation Authority, if applicable; and e. 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. Development Services Meeting Date October 21, 2010 Application No. 2010 -A -34 Page 1 of 7 Page 127 of 204 BACKGROUND: ANALYSIS: Not applicable. POLICIES /LEGISLATION: Do the variances conform to the general intent of the Official Plan? 5h) 2010 -A -34 Phil Tuck 33 Robinson St... The subject property occupies an area of approximately 0.17 hectares (0.42 acres), has a frontage along Robinson Street of approximately 18 metres (60 feet), a depth of approximately 93 metres (306 feet), and currently contains a single detached dwelling. The applicant is proposing to construct a detached garage in the front yard of the property, with a main floor of approximately 69.9 square metres (752 square feet), and a storage area on a second floor with an area of approximately 22.3 square metres (240 square feet), located beyond the minimum required front yard for a single detached dwelling and beyond the minimum required interior side yard for a detached accessory building. The purpose of this report is to consider Minor Variance Application 2010 -A -34, for relief from the Township's Comprehensive Zoning By -law in relation to the permitted locations for detached accessory buildings, and in relation to the floor area of a detached accessory building. The applicant is requesting the following relief from Table B1 of Zoning By -law 97 -95: Zone: Shoreline Residential (SR) Zone Required Proposed 1. Section 5.1.3 a) Permitted locations for detached Not in front yard In front yard accessory buildings 2. Section 5.1.6 Maximum floor area 70 square metres 92.2 square metres FINANCIAL: 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. 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 The proposed accessory building is associated with the permitted single detached dwelling. On this basis, the proposal is considered to conform to the general intent of the Official Plan. Development Services Meeting Date October 21, 2010 Application No. 2010 -A -34 Page 2 of 7 Page 128 of 204 Do the variances comply with the general intent of the Zoning By -law? 1. Permitted locations for detached accessory buildings 5h) 2010 -A -34 Phil Tuck 33 Robinson St... The subject property is zoned Shoreline Residential (SR) Zone. Permitted uses in the Shoreline Residential (SR) Zone include single detached dwellings and accessory buildings, such as detached garages. Section 5.1.3 a) of the Township's Zoning By -Law prohibits detached accessory buildings from being located in a front yard, however, this provision continues to state that "Notwithstanding this provision, a detached private garage is permitted in the front yard of a lot that abuts Lake Simcoe provided it is set back a minimum distance equal to the required front yard for the main building from the front lot line." The purpose for this provision is to reduce the visual prominence and impact of detached accessory buildings on properties, so as to not compromise the prominence of the main building on the property, by locating detached accessory buildings in interior side or rear yards, except where it is impractical to do so, such as in the case of a property that abuts Lake Simcoe. A site inspection revealed that the property to the east of the subject property has a detached accessory building within the front yard, between the existing dwelling and Robinson Street, and that that property to the east also does not abut Lake Simcoe, and that the property between these two properties and Lake Simcoe is accessed by an entrance to the east of both properties. As the Zoning By -Law permits detached accessory buildings to be located in the front yard for properties that abut Lake Simcoe, and as the subject property is located between Lake Simcoe and Robinson Street, with no streets separating this property from Lake Simcoe, the proposed variance to permit a detached accessory building to be located in the front yard is considered appropriate in regards to the general intent of the Zoning By -Law. 2. Maximum floor area Section 5.1.6 of the Zoning By -Law regulates the maximum floor area for detached accessory buildings at 70 square metres (753.5 square feet). The purpose for regulating the size of detached accessory buildings and structures is to ensure that such buildings remain clearly secondary to the primary use of the lot. In this case, the primary use of the property is residential, with a one storey single detached dwelling which, based on Schedule 2, occupies an area of approximately 85.5 square metres (920 square feet). In this case, although the proposed detached accessory building is proposed to stand at one and a half storeys high, and have a floor area of approximately 92.2 square metres (992 square feet), with the existing dwelling standing one storey high, with a floor area of approximately 85.5 square metres (920 square feet), and separated by approximately 37 metres (120 feet), the proposed location of the proposed detached accessory building would not be anticipated to compromise the main building as the primary use on the lot. Therefore, on this basis, the proposed variance from the maximum floor area for a detached accessory building is considered to maintain the general intent of the Zoning By -Law. Development Services Meeting Date October 21, 2010 Application No. 2010 -A -34 Page 3 of 7 Page 129 of 204 Are the variances appropriate for the desirable development of the lot? A site inspection and observations of detached accessory buildings on nearby properties revealed that the proposed detached accessory building would appear to be in keeping with the character of the surrounding residential area and, therefore, would be considered appropriate for the desirable development of the lot. The abutting property to the east has a detached accessory building in the front yard. Are the variances minor? As this application is considered to conform with the general intent of the Official Plan and Zoning By- Law, is considered appropriate for the desirable development of the lot, and is not anticipated to have an adverse affect on the character of the surrounding residential area, the proposed variance is considered to be minor. CONSULTATIONS: Transportation and Environmental Services Building Department Engineering Department ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Schedule 3: Floor Plan CONCLUSION: 5h) 2010 -A -34 Phil Tuck 33 Robinson St... In the opinion of the Planning Department, Variance Application 2010 -A -34, to permit the construction of a detached accessory building in the front yard of the subject property with a floor area of approximately 92.2 square metres (992 square feet), appears to meet the four tests of the Planning Act. Respectfully submitted: Reviewed by: G.J �YXJ`'f Alan Wiebe Glenn White, MCIP, RPP Planner Manager, Planning Services Development Services Meeting Date October 21, 2010 Application No. 2010 -A -34 Page 4 of 7 Page 130 of 204 Development Services SUBJECT PROPERTY SCHEDULE 1: LOCATION MAP 2010 -A -34 (Phil Tuck) Lake Simcoe 5h) 2010 -A -34 Phil Tuck 33 Robinson St... ROBINSON STREET 0 50 100 200 Meters Meeting Date October 21, 2010 Application No. 2010 -A -34 Page 5 of 7 Page 131 of 204 5024 23343) 0 R O B I N S O N G Development Services 216.23'(4 217.00'(P,01.&02) 4 Ml Tj SCHEDULE 2: SITE PLAN 2010 -A -34 (Phil Tuck) 145727'00'E 14!0.1 PART 1 51R-25343 (REGISTERED PLAN 93, 50.00' WIDE) od FE RENCE LINE) 60.61 %MbP) 60.601PROP) 60.00' (02) 1 d 60.00•(01) 121.21' (Y) "120.00' (01 402) W rel T a NELL CASINO sa t 1 874.05' A 4 cCT 3 l p JA ma 12.a' W I. Y a P L u 24fa.! a' U3 n H c sorcraarlarep '2 z z �JJ z (N0 FENCE) 5h) 2010 -A -34 Phil Tuck 33 Robinson St... St 1-- NEOCE 2.071 60.00'(D2) 1° 60.00'(D1) 145754'10'E 22 .6911) N5727'00 E 120.001D1&02) 4181 12e r Meeting Date October 21, 2010 Application No. 2010 -A -34 Page 6 of 7 Page 132 of 204 I I Development Services Application No. 2010 -A -34 4. s SCHEDULE 3: FLOOR PLAN 2010 -A -34 (Phil Tuck) L 7 sa I�at L. 5h) 2010 -A -34 Phil Tuck 33 Robinson St... Meeting Date October 21, 2010 Page 7 of 7 I II II II Page 133 of 204 V I D 00 M Q O 1 0 N 5h) 2010 -A -34 Phil Tuck 33 Robinson St... Page 134 of 204 V D 1 5h) 2010 -A -34 Phil Tuck 33 Robinson St... Page 135 of 204 00 M Q O 1 0 N 5h) 2010 -A -34 Phil Tuck 33 Robinson St... Page 136 of 204 00 5h) 2010 -A -34 Phil Tuck 33 Robinson St... Page 137 of 204 V I D 00 M Q O 1 0 N 5h) 2010 -A -34 Phil Tuck 33 Robinson St... Page 138 of 204 V D 1 5h) 2010 -A -34 Phil Tuck 33 Robinson St... Page 139 of 204 ru�,.�n�� n 1 9/'o- f.1donte Prwid Ftnirnye, C..xirer{q Fnwer Application No: 2010 -A -35 Meeting Date: October 21, 2010 Roll 4346- 030 010 -28688 REQUIRED CONDITIONS: BACKGROUND: ANALYSIS: TOWNSHIP OF ORO- MEDONTE REPORT To: Committee of Adjustment Subject: Variance Application (K. Koprowicz) 1 Sunset Crescent Plan M469, Part Lot 24 (Former Township of Orillia) Zone: Rural Residential One Exception 3 (RUR1 *31 Zone Required Section 5.1.6 Maximum floor area 70 square metres 5i) 2010 -A -35 K. Koprowicz 1 Sunset Cr... Prepared By: Alan Wiebe, Planner Motion R.M.S. File The subject property occupies an area of approximately 1.8 hectares, and has frontage along Sunset Crescent of approximately 20 metres (65.6 feet) and along Highway 12 of approximately 223 metres (731.6 feet). The subject property currently contains a single detached dwelling (one storey bungalow) with a floor area of approximately 250 square metres (2,690 square feet), and a detached accessory building of approximately 94 square metres (1,012 square feet). The applicant is proposing to construct a detached accessory building, proposed to occupy a footprint of 129 square metres (1,389 square feet), at approximately 95 metres from the exterior side lot line of the property (on Highway 12), approximately 31 metres (102 feet) from the rear lot line, and as near as 23 metres (75 feet) from an interior side lot line. As stated in the application, the proposed detached accessory building is proposed to be used for "hobby uses", and "required wheelchair design necessitates larger dimensions". As of the writing of this report, floor plan drawings have not been submitted that reflect the intended use of the proposed detached accessory building, as stated in the application. The purpose of this report is to consider Minor Variance Application 2010 -A -35, for relief from the Township's Comprehensive Zoning By -Law in relation to the maximum floor area for a detached accessory building. The applicant is requesting the following relief from Table B1 of Zoning By -law 97 -95: Development Services Meeting Date October 21, 2010 Application No. 2010 -A -35 Page 1 of 5 Proposed 129 square metres Page 140 of 204 FINANCIAL: Not applicable. POLICIES /LEGISLATION: Does the variance conform to the general intent of the Official Plan? 5i) 2010 -A -35 K. Koprowicz 1 Sunset Cr... The subject property is designated Rural Residential in the Township's Official Plan. Section C4.1 of the Official Plan states that the objective of the Rural Residential designation is: "To recognize existing estate, country estate and chalet residential developments in the Township." Section C4.2 of the Official Plan states that "Permitted uses on lands designated Rural Residential are limited to single detached dwellings and accessory uses." On this basis, the proposal is considered to conform to 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 Rural Residential One with Exception 3 (RUR1 *3) Zone. The primary use of the property is residential, and the property currently contains a single detached dwelling of approximately 250 square metres (2,690 square feet) and a detached accessory building of approximately 94 square metres (1,012 square feet). The purpose for regulating the size, height, and location of detached accessory buildings and structures is to ensure that such buildings remain clearly secondary to the primary use of the lot. The application proposes a minor variance for the construction of a second detached accessory building with a floor area of approximately 129 square metres (1,389 square feet), in addition to the existing detached accessory building that is larger than the Zoning By -Law presently permits. With the construction of the proposed detached accessory building, the area occupied by detached accessory buildings on the property would equal to approximately 223 square metres (2,400 square feet). The applicant has also stated in the application form of their intent to build an addition to the existing dwelling on the property, proposed to occupy an additional 98.5 square metres (1,060 square feet), bringing the existing dwelling to approximately 348.5 square metres (3,751 square feet). Although the floor area proposed to be occupied by detached accessory buildings on the property would be less than the floor area occupied by the existing dwelling, and less than the total floor area of the dwelling with the proposed addition, as the proposed detached accessory building would be anticipated to compromise the visual prominence and purpose for the main building on the lot, in addition to being highly visible from other lots in the immediate area, the proposed variance is not considered to meet the general intent of the Zoning By -Law. Development Services Meeting Date October 21, 2010 Application No. 2010 -A -35 Page 2 of 5 Page 141 of 204 Is the variance appropriate for the desirable development of the lot? A site inspection revealed that majority of properties in the area with dwellings either do not have detached accessory buildings, or do not have detached accessory buildings that are near or exceeding the 70 square metre (753.5 square feet) maximum floor area. One property near the subject property, however, has two detached accessory buildings which appear to comply with the maximum floor area provision, and are relatively hidden from view of adjacent properties by a vegetative buffer. The proposed detached accessory building on the subject property, however, would be anticipated to be highly visible from other nearby properties, as well as from Sunset Crescent and Orsi Drive. Therefore, as the proposed detached accessory building would be anticipated to have an adverse effect on the character of the surrounding area, and would not be considered to meet the general intent of the Zoning By -Law, the proposed variance is not considered appropriate for the desirable development of the lot. Is the variance minor? As stated above, as the proposed variance is not considered appropriate for the desirable development of the lot, and is not considered to meet the general intent of the Zoning By -Law, the proposed variance is not considered to be minor. CONSULTATIONS: Transportation and Environmental Services Building Department Engineering Department Ministry of Transportation ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan CONCLUSION: 5i) 2010 -A -35 K. Koprowicz 1 Sunset Cr... In the opinion of the Planning Department, Variance Application 2010 -A -35, to permit the construction of a detached accessory building occupying a floor area of approximately 129 square metres, does not appear to meet the four tests of the Planning Act. Respectfully submitted: 24 i Alan Wiebe Planner Reviewed by: Glenn White, MCIP, RPP Manager, Planning Services Development Services Meeting Date October 21, 2010 Application No. 2010 -A -35 Page 3 of 5 Page 142 of 204 SCHEDULE 1: LOCATION MAP 2010 -A -35 (K. Koprowicz) I DEVIITTTtSTREET A BARR=AVE E GANTONI ROAD w Development Services Application No. 2010 -A -35 w;y 0 Q O —co ti o o BASS LAKE MI SUBJECT PROPERTY 0 125 250 50Meters 5i) 2010 -A -35 K. Koprowicz 1 Sunset Cr... Township of Severn I� 4 44 -f at qe s 0 _I ORSI DRIVE n City of Orillia Meeting Date October 21, 2010 Page 4 of 5 Page 143 of 204 Development Services Qft (dporta4 13e SCHEDULE 2: SITE PLAN 2010 -A -35 (K. Koprowicz) lR 4 PAR 2 j _D-r Z1- (S uk 24 P 44q l2o 410 5i) 2010 -A -35 K. Koprowicz 1 Sunset Cr... 4 °m t AAA Meeting Date October 21, 2010 Application No. 2010 -A -35 Page 5 of 5 Page 144 of 204 2010 -A -35 Koprowicz Existing Dwelling on Subject Property 2010-A-35 o rove i o erty Existing Accessory Building on Subject Prop 5i) 2010 -A -35 K. Koprowicz 1 Sunset Cr... Page 147 of 204 Page 148 of 2 2010 -A -35 (Koprowicz) Proposed Location of Accessory Building 2010 -A -35 :<oprowicz, Proposed Location and Area of Accessory Building 0 0 r r 2010 -A -35 :<oprowicz, Proposed Location and Area of Accessory Building M.JacloJd luaoefpv uo 2umanncl :1 231 nAo d o)i` SE-V 1 1 oS Sa��d �u!� oad �uaDefpd uo Z l� aad o� l 5 z01 N\Osid 2O10 A on Adjacent Property Existing Accessory Building Wiebe, Alan From: Hendrix, Janice (MTO) [Janice.Hendrix@ontario.ca] Sent: October -19 -10 10:44 AM To: Farquharson, Steven; Wiebe, Alan Subject: Minor Variance 2010 -A -35, K. Koprowicz, Part Lot 24, Plan M -469 1 Sunset Crescent, Highway 12, Township of Oro Medonte Hello Steven and Alan; We had now had an opportunity to review the above -noted minor variance and have no concerns with it. A MTO Building Permit is not required for the accessory building. Regards, Janice Hendrix Permits Officer Simcoe Corridor Management Section Ministry of Transportation 1201 Wilson Avenue 7th Floor, Building D Downsview, Ontario M3M 1J8 Tel. (416) 235 -5382 Fax.(416) 235 -4267 Website: www.mto.aov.on.ca 1 5i) 2010 -A -35 K. Koprowicz 1 Sunset Cr... Page 157 of 204 TO: THE CORPORATON OF THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMEN T RE: APPLICATION FOR A MINOR VARIANCE.SUBMISSION 2010 -A -35 As owners of #5 Orsi Drive located within the township of Oro- Medonte my husband William (Bill) HILES and myself Ica HILES are granting permission to Mr. Rick FRARACCI to represent our interest at the above noted hearing. Mr. FRARACCI will read a letter approved and signed by us and is free to ask any questions and provide a rebuttal. Currently our circumstances are as follows. I am 80 years of age and my husband is 86. Ten years ago Bill suffered a stroke which left him partially paralyzed with mobility very slow and difficult. Because of these circumstances our presence at this hearing would be very difficult as Bill requires my entire attention. Mr. FRARACCI is a neighbor and close friend of both Bill and myself as we trust his judgment in many of our affairs. Respectfully William and Ica HILES October 17, 201 5i) 2010 -A -35 K. Koprowicz 1 Sunset Cr... kiaa3Luo 6-9 zoo Page 158 of 204 TO: THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTECOMMITTEE OF ADJUSTMENT. RE: APPLICATION FOR A MINOR VARIANCE. SUBMISSION 2010 -A -35 When my husband William (Bill) HILES and I moved from Parry Sound several years ago we decided to settle at 5 Orsi drive in Oro Medonte for several reasons. Our attraction to the property and the proximity to the City of Orillia for Bill's medical demands were paramount. The property size and panoramic views from all sides of our lot which include a pond to the North, gentle rolling landscaped lawns which blend with neighbours to the South and East and a long view of Bass Lake to the West. All of the above factors provide a sense of comfort, security and tranquility for me and especially Bill who can often be found inspecting the grounds on his electric scooter. Since my cancer operation last May my appreciation for our property has grown even stronger. Photographs introduced will depict how we maintain, enjoy and appreciate our property As property owners w e have several concerns as the East side of our property backs onto 1 Sunset Crst. 1) The view from the entire East side of our property will now be interrupted with a proposed berm and a building protruding 13' from the top of this man made landscape. 2) I have had conversations with the occupant of# 1 Sunset Crst. Mr. Alexander March who explained to me that the service building he intends to construct will be a hobby building for a relative. Bill and I question why an additional building must be constructed when his property already has a double car attached garage and a separate building equivalent to a 3 car garage. Is there a hidden agenda for a commercial business taking place here? 3) As a member of the Military Services who served in World War Two and later worked in a furniture factory Bill survives on government pensions as we have no other income from the private sector. Our home is the only equity we have and we must preserve our interests in the event Bill requires extended medical assistance which is not covered by OHIP. In closing it is obvious that Bill and I are opposed to this amendent as we clearly see a devaluation of our property value and potential funds we may require to survive in with in the future. Our wishes are to maintain a neighbourly relationship with all occupants of 1 Sunset Crst. Please respect our wishes. Respectfully Bill and Ica HILES 5i) 2010 -A -35 K. Koprowicz 1 Sunset Cr... October 17, 2010 Page 159 of 204 5i) 2010 -A -35 K. Koprowicz 1 Sunset Cr... Hello neighbour, As the owners of #1 Sunset :Kinga, Adam, Buzz and myself wish to inform you that we are applying to the township of ORO- Medonte for a 'Minor Variance' so that we can begin the renovations of our new home. This is very important to us as we work to improve our property and lifestyle. We want to reassure you that our activities will not adversely affect you and request your support with our projects. If you have any questions complaints or concerns please feel free to call me (AT ANY TIME) for an explanation. (usually I am available at 705. 689 3301 or 1 800 663 4786 or you can leave a message, alternately you may use my private line:705 345 7496 believe that we have paid fees so that the township will inform you 'officially' and so you should expect a notice and an invitation to comment on our project The Details: We will be adding an addition on the south side of the house and an accessory building. The minor variance is required because the accessory building is to be larger than 750 square feet. Our accessory building will be approx 20 feet North -S) by 70 feet East —W) The highest point will be approx. 13' 4" tall. will stake out the lawn where the building is to be located, please feel free to walk over and see where it will be, and I attach some diagrams to assist you. Mike Linda will only see part of the rear of the building from their house as the trees block much of the view, the south wall will be approximately 80 feet from the property Tine (25M) It is unlikely that Bill Itza will see much through the trees that are between their rear yard and our septic field. They will be closest to the SW corner of the building at about 75 feet from the property line (23n4) Rob Carol Beer might be able to see the side view from across the pond. The side of the building will be 265 feet away from the property line. (82M) Kathleen will not be able to see it as the trees block her view as will our existing house. The addition and accessory building are located on the south side of the existing building and are invisible to hwy #12 which is over 300 feet away (95M) Thank you in advance for your continued support. Sincerely, Alexander 1699 Kirkfield Road, Kirkfield, ON KOM 2B0 Page 160 of 204 i&Ag- thew Pe /1 K. 7:::::::::::.----77.7.;_. ___---77::::-....._—__ .2 1 ii i E T 1 1 1 ir j i 1 L 1 ...............1 C 1 1 /V 4 o 77?.. 1 1 ,1 --T--- l i I 1 /e- rf-7 6 ,x; 1 Peit 7o I 21,50A Z--o 6 Al 0 0 0 pow NEN ACGE5 i,"Y g.uttDCAIG AjDrrI oN 1 t\4Dr Scj 5i) 2010 -A -35 K. Koprowicz 1 Sunset Cr... k Page 162 of 204 Apr z. 5i) 2010 -A -35 K. Koprowicz 1 Sunset Cr... Page 163 of 204 5i) 2010 -A -35 K. Koprowicz 1 Sunset Cr... Page 164 of 204 October 19 2010 To: The Corporation of the Township of Oro-Medonte Committee of Adjustment From: Michael Goudie, 7 Orsi Drive, Oro Medonte Re: Application for a Minor Variance, Submission #2010 -A -35 I, Michael Goudie, grant permission for Mr. Rick Fraracci to represent my interest and make submissions on my behalf in the above -noted matter. I am unable to attend the hearing October 21 2010, as I will be out of the country attending a business conference. Sincerely, 5i) 2010 -A -35 K. Koprowicz 1 Sunset Cr... Michael Goudie Page 165 of 204 5i) 2010 -A -35 K. Koprowicz 1 Sunset Cr... October 19 2010 To: The Corporation of the Township of Oro Medonte Committee of Adjustment From: Michael Goudie, 7 Orsi Drive, Oro- Medonte Re: Application for a Minor Variance, Submission #2010 -A -35 List of Concerns The following is a list of concerns with respect to the above -noted application. 1. Size of proposed outbuilding. According to my calculation based on the drawing provided, it is 132.225 meters, not 129 as indicated, and is almost twice the maximum floor area of 70 square meters. This will be a very large building and its presence will not be blocked by the trees that border our properties. 2. The height of the berm is not indicated in the drawing. There is concern about water run -off and flooding, i.e. rainwater run -off from the roof, and how that may possibly impact our septic system. 3. I feel this outbuilding will have the biggest impact on my property as far as future property values are concerned because the back will be visible from our backyard. 4. I have concern regarding how long this project will take to complete. Page 166 of 204 5i) 2010 -A -35 K. Koprowicz 1 Sunset Cr... Page 167 of 204 'I JUi IJGL ....1..• Page 168 of 204 1 October 20, 2010 5i) 2010 -A -35 K. Koprowicz 1 Sunset Cr... YSLC' yy}} Cam, cue za ode b- I' 2 TO: The Mayor and Members of Council and Corporation of Committee of Adjustments of Oro Medonte Re: APPLICATON FORA MINOR VARIANCE; SUBMISSION #2010 -A -35 My wife Muriel, myself and my family moved to this subdivision in October of 1997. We made a significant investment by purchasing our home located at 8 Orsi Drive. We chose to make our home here because of the quality of homes and properties, and the care that the people here take in them. The residents take a great deal of pride in the maintenance of their home and property. Outside the front door of our house has always been picturesque, well manicured lawns and homes and behind us we have a beautiful view of Bass Lake. These views were the deciding factor in choosing our home. Our daughter and her husband, Marla and Christian Vandenberg and granddaughter chose to move here also for the same reasons and reside at 2 Orsi Drive. To our utter dismay, over the past couple of months, my wife Muriel and I have several MAJOR concerns that have arisen in regards to activities at #1 Sunset Crescent in our subdivision. The construction of a large berm by the highway. 1 Sunset Drive has become a dumping station for dump trucks operating all hours of the night and day dumping construction materials such as concrete, bricks, large pieces of asphalt pavement, rebar and wires into the soil. This is covered up, UNSUPERVISED by the township, by an ever present bulldozed that operates during the weekends. No one is supervising what is being dumped by these large trucks that enter and exit this residential subdivision daily at will. All of our homes are on wells and we are Legitimately concerned about the contaminants being buried that can seep into our water table and affect our wells. This subdivision was specifically engineered to drain water via its' slope. These berms that are being constructed have already noticeably altered the drainage and will continue to do so putting our homes at risk of flooding. The construction of an extension of an existing additional storage building changes the aesthetics of the sudivision and the view from my home. I can clearly see from my front door the stakes that have been erected marking out where this large building will stand. Such a large industrial sized building is an inappropriate addition to a residential area and the harmonious makeup of our subdivision. It will greatly affect our view from the front of our home. We are strongly opposed to this sort of alteration. We feel it will definitely devalue the sizeable investment we have in our home and our property. Please see attached photos of our home and the view of across the street. Page 170 of 204 Sincerely, C.E. Ted Burton and Muriel Burton 8 Orsi Drive Orillia, ON L3V 7Z7 5i) 2010 -A -35 K. Koprowicz 1 Sunset Cr... We are genuinely concerned that this building will be used for commercial purposes by the applicant. The applicant already has a large additional unattached three bay garage on his property as well as an attached double car garage. This should be more than adequate for a residential property. My wife and I strongly oppose the variance to the Zoning By -law 97 -95. Council has a legislative obligation to be transparent and ACCOUNTABLE to the public. I strongly urge Council and this Committee to abide by the existing bylaw and deny the request from K. Koprowicz to exceed the maximum floor area allowed and indeed to build another storage facility on his property. In addition, we feel that the building of the berm and subsequent dumping and burial of construction materials contravenes the bylaw 98 -134 in numerous ways and would like an investigation by the township into this matter. Please be advised that we wish to receive any and all information regarding the consideration of this application and the contravention of bylaw 98 -134 to be forwarded to us in writing Page 171 of 204 D. 5i) 2010-A-35 K. Koprowicz 1 Sunset Cr... OLIZ Th t_r Lc; u Po F 1,3 r OLA-R- 1-10,01 o,R Page 172 of 204 5i) 2010 -A -35 K. Koprowicz 1 Sunset Cr... Page 173 of 204 October 20, 2010 Sincerely Chris Marla Vandenberg 2 Orsi Drive Orillia, ON L3V 7Z6 5i) 2010 -A -35 K. Koprowicz 1 Sunset Cr... To: The Mayor, Members of Council and Corporation of Oro- Medonte Committee of Adjustments Re: Application for a Minor Variance; Submission #2010 -A -35 My wife Marla, our 5 year old daughter Alaina and I moved to 2 Orsi Drive several years ago. In doing so, we have made a sizable financial investment. We did this with the understanding that we had like- minded neighbours that take a great amount of pride in their home and property and who are collectively proud of their subdivision. Several months ago, there began to be some activity at 1 Sunset Drive as trucks started dumping materials unsupervised on the North side of the property near the highway. This has served as a tremendous eyesore for the residents here and has tracked a tremendous amount of dirt onto our roads as we enter the subdivision. I have several significant concerns, both for my home and more importantly, my family: l have a young daughter. There have been large trucks entering and exiting our subdivision seemingly at will. This has increased traffic immensely. The work here continues to be an eyesore that could devalue our home. The change to drainage will directly affect my house as I am located directly across the road. Pavement with tar, rebar, old wires and bricks have been dumped an subsequently covered by the applicant who seemingly has an absolute disregard for the health of the residents. My wife recently fought through Stage 3 Endometrial Cancer and 6 rounds of chemotherapy. I am extremely worried that these materials will leech into our drinking water since we are all on wells. Trust. I have a difficult time trusting that his intent for this variance is not for a commercial purpose. This area is deemed as rural residential. This does not fit into the zoning of our subdivision.. My wife and I strongly oppose the variance to the Zoning By -law 97 -95. Council has a legislative obligation to be transparent and ACCOUNTABLE to the public. We strongly urge Council and this Committee to abide by the existing bylaw and deny the request from K. Koprozicz to exceed the maximum floor area allowed and indeed to build another storage facility on his property. We feel that the building of the berm and subsequent dumping and burial of construction materials contravenes the bylaw 98 -134 in numerous ways and would like an investigation by the township into this matter. Please be advised that we wish to receive any and all information regarding the consideration of this application and the contravention of bylaw 98 -134 to be forwarded to us in writing. Page 174 of 204 J U11JGL Page 175 of 204 Re: Hearing in the matter of Section 45 of the Plarming Act, R.S.O. 1990c.P.13 cocerning the application by K. Koprowics for the property located at 1 Sunset Crescent, Plan M469, Part Lot 24. We live at 3Hepinstall Place, a single dwelling, in the same development as the property in question. It seems very apparent that the structure planned for this lot is for business /manufacturing use. Not only would the structure be unsightly, if permitted, the construction of the proposed building would affect the property value of the residential homes in the area. The creation of the berms already underway, using recycled concrete and other materials changes the topography of the area and could effect our water supplies since all of the properties are dependent on wells for our water supply. Surely the welfare of the majority, should outweigh this request from one family who at the moment do not even live in the area. Respectfully, Corinne Walter Bremner 5i) 2010 -A -35 K. Koprowicz 1 Sunset Cr... Page 176 of 204 _mot iYr%✓f�e c t onte Ynvd Nn;rayr, Exriling Fvmrr Application No: 2010 -A -36 Meeting Date: October 21, 2010 Roll 4346 -010- 009 -38100 REQUIRED CONDITIONS: BACKGROUND: TOWNSHIP OF ORO- MEDONTE REPORT To: Committee of Adjustment 5j) 2010 -A -36 Thomas Edward and Penny Subject: Variance Application (Penny Shainline) 73 Lakeshore Road West Lot 16 and 17, Plan 755 (Former Township of Oro) Prepared By: Alan Wiebe, Planner Motion R.M.S. File D13 -40935 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 width of the boathouse, as "measured from the interior faces of the walls of the boathouse does not exceed approximately 32 percent "of the width of the lot at the average high water mark' for Lake Simcoe; i. 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 boathouse does not exceed approximately 32 percent of the width of the lot at the average high water mark; b. that notwithstanding Section 5.6 c) of Zoning By -law 97 -95, the boathouse shall otherwise comply with all other provisions of the Zoning By -law; c. that the applicant obtain any permits and /or approvals, if required, from Lake Simcoe Region Conservation Authority, if applicable; and d. that the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c. P. 13. The subject property occupies an area of approximately 0.16 hectares (0.39 acres), has a frontage along Lakeshore Road West of approximately 30.5 metres (100 feet), and depth of approximately 51.5 metres (169 feet). The subject property has an existing dwelling, constructed prior to 1986, and an existing boathouse with depth of 7.3 metres (24 feet), a width of 3 metres (9.8 feet), and occupies an area of approximately 22 square metres (236 square feet). Further, the existing boathouse is presently surrounded by an existing concrete retaining wall with an interior width of approximately Development Services Meeting Date October 21, 2010 Application No. 2010 -A -36 Page 1 of 9 Page 177 of 204 ANALYSIS: Zone: Shoreline Residential (SR) Zone Section 5.6 c) BOATHOUSES Width of a boathouse FINANCIAL: Not applicable. POLICIES /LEGISLATION: 5j) 2010 -A -36 Thomas Edward and Penny 9.86 metres (32.3 feet), and exterior dimensions of approximately 10.46 metres (34.3 feet) and 10.6 metres (34.8 feet). The applicant is proposing to construct a new boathouse, proposed to be located approximately 3.9 metres (12 feet 8 inches) from an interior side lot line, occupying an area of 111.1 square metres (1,196 square feet), and width equating to approximately 32 per cent the width of the lot at the average high water mark. The proposed boathouse is proposed to use the existing concrete retaining wall surrounding the existing boathouse as the walls supporting the proposed boathouse. The purpose of this report is to consider Minor Variance Application 2010 -A -36, for relief from the Township's Comprehensive Zoning By -law in relation to the maximum width of a boathouse. The applicant is requesting the following relief from Table B1 of Zoning By -law 97 -95: Does the variance conform to the general intent of the Official Plan? Reauired Proposed 30 per cent 32 per cent 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. 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. On this basis, the proposal is considered to conform to the general intent of the Official Plan. Does the variance meet the general intent of the Zoning By -law? The subject property is zoned Shoreline Residential (SR) Zone, and permitted uses in the Shoreline Residential (SR) Zone include single detached dwellings, and accessory uses, such as boathouses. Section 5.6 of the Township's Zoning By -Law contains provisions for the construction of boathouses within the Township. Section 5.6 c) states that "Boathouses are permitted on a lot provided The Development Services Meeting Date October 21, 2010 Application No. 2010 -A -36 Page 2 of 9 Page 178 of 204 5j) 2010 -A -36 Thomas Edward and Penny width of the boathouse does not exceed 30 percent of the width of the lot at the average high water mark." The purpose of these provisions is to regulate the visual prominence of buildings and structures along the shoreline, and to limit their effects on the shoreline area. Based on: a) the existence of concrete retaining wall surrounding the existing boathouse; b) its having existed since prior to the passing of the Zoning By -Law, in November of 1997; and c) the anticipation that the existing two storey dwelling will continue to maintain its visual prominence in relation to the proposed boathouse; the proposal is considered to meet the general intent of the Zoning By -Law. Is the variance appropriate for the desirable development of the lot? As site inspection revealed that the existing boathouse lying within the existing concrete retaining wall is largely surrounded by areas along the shoreline where the natural vegetation has been retained. It was also observed that other properties in the area presently have boathouses of similar characteristics with similar proportions of the shoreline appearing to have retained their natural vegetation. On this basis, and as the proposal is considered to meet the general intent of the Zoning By -Law, the proposal is considered appropriate for the desirable development of the lot. Is the variance minor? As the proposal is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By -Law, is considered appropriate for the desirable development of the lot, and proposes to exceed the maximum width of a boathouse by approximately 2 percent, from 30 percent to 32 percent, the proposed variance is considered to be minor. CONSULTATIONS: Transportation and Environmental Services Building Department Engineering Department Lake Simcoe Region Conservation Authority ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Schedule 3: Floor Plan and Elevation Schedule 4: Plan of Survey Schedule 5: Existing Boathouse Development Services Meeting Date October 21, 2010 Application No. 2010 -A -36 Page 3 of 9 Page 179 of 204 CONCLUSION: Respectfully submitted: 441J Alan Wiebe Planner 5j) 2010 -A -36 Thomas Edward and Penny In the opinion of the Planning Department, Variance Application 2010 -A -36, to permit the construction of a boathouse that occupies approximately 32 per cent of the width of the lot at the average high water mark, appears to meet the four tests of the Planning Act. Reviewed by: Glenn White, MCIP, RPP Manager, Planning Services Development Services Meeting Date October 21, 2010 Application No. 2010 -A -36 Page 4 of 9 Page 180 of 204 HOWARD R /1tE Development Services Application No. 2010 -A -36 SUBJECT PROPERTY 0 50 100 5j) 2010 -A -36 Thomas Edward and Penny SCHEDULE 1: LOCATION MAP 2010 -A -36 (Penny Shainline) 200 Meters N Lake Simcoe Meeting Date October 21, 2010 Page 5 of 9 Page 181 of 204 raM1 evsJ 550crr(Pbne 1 co. 00' 5' rt Development Services z NEW GRANITE BOULDERS i i —q r2° 't17hip Ger 0. :e 02' 5j) 2010 -A -36 Thomas Edward and Penny SCHEDULE 2: SITE PLAN 2010 -A -36 (Penny Shainline) LAKESHORE ROAD d j 40.32' PI an; Iv f rame `n yf ,r 8 it -1 wide Vn ler. decry ROPOSED NEW ROOF LAKE SIMCOE Ed; is u1" ory I5,1 96C ,gal' EXISTING CONCRETE A Iwo OIL ON g 4 2 A Meeting Date October 21, 2010 Application No. 2010 -A -36 Page 6 of 9 Page 182 of 204 SCHEDULE 3: FLOOR PLAN AND ELEVATION 2010 -A -36 (Penny Shainline) 5j) 2010 -A -36 Thomas Edward and Penny Development Services Meeting Date October 21, 2010 Application No. 2010 -A -36 Page 7 of 9 Page 183 of 204 8 e9 9 D s TE AL C�n, III"` 1 ,P a PLAN OF SURVEY OF LOTS 16 and 17 REGISTERED PLAN 755 TOWNSHIP OF ORO COUNTY OF SIMCOE SCALE 1 30' W. DOUGLAS SMITH O.L.S. U4031 N 1986 NOTES BEARINGS ARE 48ERONONIC AND ARE REFERRED TOME NORTIIEPI.Y LIMIT OF LOTS 14 THRU 32, AS SHOWN ON MOISTENED PUN 'P6, RAVING E HEARING DF or 00' OD'!. vs DENOTES II a 4' 34009 IRON 660. FOUND. 0ANOTE9 4)01 a b9'a 2' WAG IRON BAR, FOUND. O O0 DENOTES Sera S 5,a S9' 2' LOUD I 1 RO! DM, PUNTED ME*S. DENOTES MEASURED. 0.14 DENOTES DRI51M 10090414. ALAN- OFNOTES REGISTERED PLAN '50 WIT DENOTES FATNESS. T30 DENOTES 0100WRICK,0L5. 0 M. DOUGLAS SMITH OL.S. 110091 NO PERSON MAY 4! NOVAE ow REPRODUCE PARf.WIT1O TN! *SETTEE PERMISSION CF W, DOUGlA95MITHALS. aTON. hli.E$ or,,,Kg E ANOT#D. THE CONCRETE] SURVEYOR'S CERTIFICATE 1 HEREBY CERTIFY THAT THE FIELD SURI,EY REPRESENTED W TICE RAN WAS COMPLETED ON JANUARY 20, *BS OARR10, oNTAR10 325040) 01, 1966 WDS DOUGLAS SMITH (14031 ONTARIO LAND SURVEYOR W. DOUGLAS SMITH LTD ONTARIO LAND SURVEYORS 138 COWER SE.. BARRIE ONT. 722 -8222 N O M oC7 D o T T V 0 CD r D Z 00 C 5 Ti m BOATHO SCHEDULE 53 (Penny y SBainline) 2p10 A Develop ment At o. 201 _;;�wn p14 Meet pate OctobPage 9 o f 9 n.Ine 1 BE 2010 -A -36 Shain ine: Existing Dwelling on Subject Property 5j) 2010 -A -36 Thomas Edward and Penny Page 187 of 204 ,,,riA '18 AlJadoad pafgns uo IIeM 2u!u!elaH aIaJDuoJ 2u!ls!x3 :au! uieyS, 9E-V-OIOZ 1 1 R uo ��aad l�evlS 9-`c1-01,0Z t�u!lu- For the best experience, open this PDF portfolio in Acrobat 9 or Adobe Reader 9, or later. s D D i Al r u�t e rietio Zte Proud Heritage, E.ittb Future Application No: 2010 -A -37 Meeting Date: October 21, 2010 Roll 4346 020 003 -01403 REQUIRED CONDITIONS: b. BACKGROUND: TOWNSHIP OF ORO- MEDONTE REPORT To: Committee of Adjustment 5k) 2010 -A -37 Michael Johnson and Mary... Subject: Variance Application (Michael Johnson and Mary Jane Parent) 4065 Line 8 North Concession 9, West Part Lot 6, 51R656, Part 14 (Former Township of Medonte) Prepared By: Alan Wiebe, Planner Motion R.M.S. File The following conditions are required to be imposed on the Committee's decision, with respect to permitting an equestrian facility (having 3 or more horses) on the subject property: a. that the applicant provide to the Township documentation confirming the size of the property as being no less than approximately 3.55 hectares; that the subject property be used for the keeping of no more than four (4) horses; c. that, notwithstanding the minimum lot size for an equestrian facility, per Table B4 A of Zoning By -law 97 -95, the use of the subject property shall otherwise comply with all other provisions of the Zoning By -law; d. that the applicant obtain any permits and /or approvals, if required, from Nottawasaga Valley Conservation Authority, if applicable; and e. that any appropriate zoning certificate(s) and building permit(s) be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. The subject property occupies an area of approximately 3.55 hectares (8.77 acres), has a frontage on Line 8 of approximately 61 metres (200 feet), and has a depth of approximately 583 metres (1912 feet). The property has an existing dwelling, constructed in the year 2000, and does not currently contain any detached accessory buildings or structures. The applicant is proposing to have four (4) horses on the subject property, and the purpose of this report is to consider Minor Variance Application 2010 -A -37, for relief from the Township's Comprehensive Zoning By -Law in relation to the minimum lot size for an equestrian facility, in having three (3) or more horses on a property. Development Services Meeting Date October 21, 2010 Application No. 2010 -A -37 Page 1 of 5 Page 192 of 204 ANALYSIS: 5k) 2010 -A -37 Michael Johnson and Mary... The applicant is requesting the following relief from Table B1 of Zoning By -law 97 -95: Zone: Aaricultural /Rural (A/RU1 Zone Table B4 Minimum lot size for an equestrian facility (3 or more horses) FINANCIAL: Not applicable. POLICIES /LEGISLATION: Does the variance conform to the general intent of the Official Plan? The subject property is designated Agricultural in the Township's Official Plan. Reauired Proposed 4.0 hectares 3.55 hectares Section C1.1 of the Official Plan states that the objectives of the Agricultural designation are: "To maintain and preserve the agricultural resource base of the Township. To protect land suitable for agricultural production from development and land uses unrelated to agriculture. To promote the agricultural industry and associated activities and enhance their capacity to contribute to the economy of the Township. To preserve and promote the agricultural character of the Township and the maintenance of the open countryside." Section C1.2 of the Official Plan states that "The principle use of land in the Agricultural designation shall be agriculture [other] permitted uses include single detached dwellings". On this basis, the proposal is considered to conform to the general intent of the Official Plan. Does the variance comply with the general intent of the Zoning By -law? The majority of the subject property is zoned Agricultural /Rural (A/RU) Zone, and portions of the property are zoned Environmental Protection (EP) Zone in the Township's Zoning By -Law. Permitted uses in the Agricultural /Rural (A/RU) Zone include single detached dwellings, hobby farms, and equestrian facilities, with minimum lot sizes applying to each specific use. The minimum lot size for single detached dwellings is 0.4 hectares, for hobby farms is 2.0 hectares, and for equestrian facilities, as noted above, is 4.0 hectares. Provisions of the Zoning By -Law that distinguish between the terms "Hobby Farm" and "Equestrian Facility" are found in Section 6.0 of the Zoning By -Law, "Definitions which state as follows: "Hobby Farm Means the keeping of no more than two horses for personal use and enjoyment on the same lot as a single detached dweNing Development Services Meeting Date October 21, 2010 Application No. 2010 -A -37 Page 2 of 5 Page 193 of 204 "Equestrian Facility Means an area of land where three or more horses are boarded and taken out to be ridden by their owners or rented to others and where riding lessons may be given." The purpose for these provisions is to regulate the use of properties for specific purposes based on the appropriateness of their lot size in carrying out such a use. On the basis that the applicant proposes a variance from the minimum lot size required for having more than two horses on a lot, where having four horses on the lot is being sought, intended for personal use and enjoyment, the proposal is considered to meet the general intent of the Zoning By- Law. Is the variance appropriate for the desirable development of the lot? A site inspection revealed that few uses related to agriculture presently exist in the area surrounding the subject property. However, as the present zoning and size of the property presently permit "the keeping of [up to] two horses" on the property, and as the proposal is considered to conform to the general intent of the Official Plan, and to meet the general intent of the Zoning By -Law, the proposal is considered appropriate for the desirable development of the lot. Is the variance minor? As the proposal is considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By -Law, is considered appropriate for the desirable development of the lot, and as the proposal sought is for a reduction of approximately ten percent in the minimum lot size required for more than two horses to be kept, from 4.0 hectares to 3.55 hectares, the proposal is considered to be minor. CONSULTATIONS: Transportation and Environmental Services Building Department Engineering Department Nottawasaga Valley Conservation Authority No objection ATTACHMENTS: Schedule 1: Location Map Schedule 2: Aerial Image CONCLUSION: Respectfully submitted: Reviewed by: 4-rjf Alan Wiebe 5k) 2010 -A -37 Michael Johnson and Mary... In the opinion of the Planning Department, Variance Application 2010 -A -37, to keep up to four (4) horses on a property with an area of approximately 3.55 hectares, appears to meet the four tests of the Planning Act. Glenn White, MCIP, RPP Planner Manager, Planning Services Development Services Meeting Date October 21, 2010 Application No. 2010 -A -37 Page 3 of 5 Page 194 of 204 5k) 2010 -A -37 Michael Johnson and Mary... SCHEDULE 1: LOCATION MAP 2010 -A -37 (Michael Johnson and Mary Jane Parent) r' t� i WA RMIINST E R SIDEROAD e rr y iN�i r ii�i= ii� i �p i �ye ir r zi� ir =i ;N C�� V. SUBJECT PROPERTY 0 125 250 500 Meters Development Services Meeting Date October 21, 2010 Application No. 2010 -A -37 Page 4 of 5 Page 195 of 204 Development Services Application No. 2010 -A -37 5k) 2010 -A -37 Michael Johnson and Mary... SCHEDULE 2: AERIAL IMAGE 2010 -A -37 (Michael Johnson and Mary Jane Parent) Meeting Date October 21, 2010 Page 5 of 5 Page 196 of 204 SAGA A Oo ,ZU cl to X60- -20 Member Municipalities Adjala 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 Natural Ch, rap ons October 7, 2010 Steven Farquharson, Secretary- Treasurer Committee of Adjustment Township of Oro- Medonte P.O. Box 100 Oro, Ontario LOL 2X0 Dear Mr. Farquharson; 5k) 2010 A 37 Michael Johnson and Mary... Re: Application for Minor Variance 2010 -A -37 (Johnson) Pt. Lot 6, Concession 9, 4065 Line 8 North Township of Oro Medonte (Formerly Township of Medonte) 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. 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 198 of 204 2010 -A -37 :..ohnson-Parent: Existing Dwelling on Subject Property 3 a D N 201p -A -37 Ohnson-Parel,, Open Area on Subject Property 1 (`ohnSO parent 2 010-A-37 Building on Adjacent Property Existing AccessorY 2010 -A -37 :..ohnson-Parent: Existing Dwelling on Adjacent Property 2010A37 (OhnsonParent. Existing Accessory Building on Adjacent Property NOTICE TO THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 5k) 2010-A-37 Michael Johnson and Mary... "ai•16 e6 CD_k 2J Zu Ccl From: John and Pattilynne Clayton Con 9 W pt lot 6 RP 51R656 Part 15 1 We are the neighbours to the south of the applicant Michael Johnson and Mary lance PATAnt. With rAgArrk tn relief from 7 oning Ry-I AW Q7 7 r 1 nr hnVP no objections providing the following concerns are addressed and adhered to: 1. That a reasonable limit be placed on the number of horses that can be kept on the property. 2. That proper management and disposal of waste material, ie manure be followed in order to preserve neighhnuring wellc (ours is ctill a ring well) 3. That proper fencing be used to restrict the horses, that it be both humane And sturdy. No harb wire or split rail And that the fens he well maintained with adequate top rail 4. That proper fly and pest control be used during summer months. 5. That the relief from Zoning apply only to horses and not other farm stock curb ac rattle cheep rr pigc. Thank you for addressing our concerns John and Pattilynne Clayton Page 204 of 204