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10 21 2010 C of A Minutes4a) - Motion to adopt the minutes from Com... �'raun� hG,Ihipt, lr.�lrtin,�; lu;nr: Thursday, October 21, 2010 Present: Bruce Chappell, Chair Roy Hastings Regrets: Michelle Lynch THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Time: 9:40 a.m. Lynda Aiken Garry Potter Staff present: Steven Farquharson, Secretary Treasurer /Intermediate Planner Alan Wiebe, Planner Marie Brissette, Deputy Secretary Treasurer /Committee Coordinator 1. OPENING OF THE MEETING BY THE CHAIR Bruce Chappell assumed the Chair and called the meeting to order. 2. ADOPTION OF AGENDA a) Motion to adopt the agenda. Motion No. CA101021 -1 Moved by Aiken, Seconded by Hastings It is recommended that the agenda for the meeting of Thursday, October 21, 2010 be received and adopted. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST None declared. 4. ADOPTION OF MINUTES a) Minutes of meeting held on Thursday, September 16, 2010. Motion No. CA101021 -2 Moved by Potter, Seconded by Aiken It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, September 16, 2010 be adopted as presented. Carried. Page 1 of 14 Page 3 of 274 4a) - Motion to adopt the minutes from Com... Committee of Adjustment Minutes — Thursday, October 21, 2010 5. PUBLIC MEETINGS: a) 2010 -B -26 - UCCI Consolidated Companies Inc. Lot 27, Plan M -187 ( Lot 23, Concession 5) Boundary adjustment. Bryan Davidson, agent, was represent. Motion No. CA101021 -3 (Amendment) Moved by Potter, Seconded by Hastings It is recommended that the Committee of Adjustment amend the motion for 2010 -B -26 to add a condition, being : 7. And That no vehicular traffic be permitted on the lands to be conveyed." Carried. Motion No. CA101021 -4 Moved by Lynch, Seconded by Hastings It is recommended that the Committee of Adjustment grants provisional approval for Consent Application 2010 -B -26, to permit a boundary adjustment, to convey approximately 0. 10 hectares to be added to the lands to the north. The boundary adjustment will provide a 6 meter wide access to the abutting lands to the north from Winfield Drive, which it to be used as part of the irrigation system for the golf course on the enhanced lands. Subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer. 2. That the severed lands be merged in title with CON 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. 7. And That no vehicular traffic be permitted on the lands to be conveyed. Defeated (As amended) Page 2 of 14 Page 4 of 274 4a) - Motion to adopt the minutes from Com... Committee of Adjustment Minutes — Thursday, October 21, 2010 Motion No. CA101021 -5 Moved by Aiken, Seconded by Potter It is recommended that the Committee of Adjustment grants provisional approval for Consent Application 2010 -13-26, to permit a boundary adjustment, to convey approximately 0. 10 hectares to be added to the lands to the north. The boundary adjustment will provide a 6 meter wide access to the abutting lands to the north from Winfield Drive, which it to be used as part of the irrigation system for the golf course on the enhanced lands. Subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer. 2. That the severed lands be merged in title with CON 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. 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 3 of 14 Page 5 of 274 4a) - Motion to adopt the minutes from Com... Committee of Adjustment Minutes — Thursday, October 21, 2010 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. Bill Stohkus, agent, was present. Shirley Partridge provided clarification on the timeline that the merge occurred. Motion No. CA101021 -6 Moved by Potter, Seconded by Hastings That the Committee of Adjustment approves Consent Application 2010 -B -06, subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor and submitted to the Secretary- Treasurer. 2. That the applicant's solicitor 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. And That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 4 of 14 Page 6 of 274 4a) - Motion to adopt the minutes from Corn Committee of Adjustment Minutes — Thursday, October 21, 2010 c) 2010 -B -15 -Robert Drury 661 Penetanguishene Road, Lot 12, Concession 1 (Former Township of Oro) Boundary adjustment. Robert Drury, applicant, was present. Motion No. CA101021 -7 Moved by Potter, Seconded by Aiken That the Committee of Adjustment grants provisional approval for Consent Application 2010 -B -15, to permit a boundary adjustment. The subject land being 661 Penetanguishene Road, to convey an area of approximately 0. 19 hectares (0.46 acres) and is proposed to be added to the adjacent lands being 170 Line 1 North. Subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer. 2. That the severed lands be merged in title with 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 meter setback from the Environmental Protection (EP) Zone. 6. And That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 5 of 14 Page 7 of 274 4a) - Motion to adopt the minutes from Com... Committee of Adjustment Minutes — Thursday, October 21, 2010 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. Doug Shelswell, applicant, was present. Motion No. CA101021 -8 Moved by Hastings, Seconded by Aiken It is recommended that the Committee of Adjustment grants provisional approval for Consent Application 2010 -B -29, to create 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. Subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor and submitted to the Secretary- Treasurer. 2. That the applicant's solicitor 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. 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 14 Page 8 of 274 4a) - Motion to adopt the minutes from Com... Committee of Adjustment Minutes — Thursday, October 21, 2010 e) 2010 -B -30 - Granite Hill Forestry Inc. Block B, Plan 1650, and Block C, Plan M29 Lot addition /boundary adjustment. John Quick, applicant, and Duncan Way, agent, were present. Motion No. CA101021 -9 Moved by Potter, Seconded by Hastings It is recommended that the Committee of Adjustment grants provisional approval for Consent Application 2010 -13-30 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 approximately 0. 15 hectares. The subject lands are proposed to be added to the adjacent lands to the south (20 Snowshoe Trail). 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 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. 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 7 of 14 Page 9 of 274 4a) - Motion to adopt the minutes from Com... Committee of Adjustment Minutes — Thursday, October 21, 2010 f) 2010 -B -31 -Adrian and Tanya McKendry 1202 Bass Lake Sideroad, Part of Lot 5, Concession 4, RP 51 R -17464 Part 1 Create a residential lot by way of severance. Adrian McKendry, applicant, was present. Jim Gray questioned the applicable policies. Motion No. CA101021 -10 Moved by Aiken, Seconded by Hastings It is recommended that the Committee of Adjustment grants provisional approval 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. Subject to the following conditions: 1. That three copies of a Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the 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. Carried. Page 8 of 14 Page 10 of 274 4a) - Motion to adopt the minutes from Com... Committee of Adjustment Minutes — Thursday, October 21, 2010 g) 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. Bill Thompson, builder, and Zarum, agent, were present. Motion No. CA101021 -11 Moved by Potter, Seconded by Hastings It is recommended that the Committee of Adjustment defers Variance Application 2010 - A-33, to permit the LSRCA to comment. Carried. Page 9 of 14 Page 11 of 274 4a) - Motion to adopt the minutes from Com... Committee of Adjustment Minutes — Thursday, October 21, 2010 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. Andrew McIntyre, agent, was present. Motion No. CA101021 -12 Moved by Hastings, Seconded by Aiken It is recommended that the Committee of Adjustment approves 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) on the subject property. Subject to the following conditions: 1. 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. 2. 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. 3. 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). 4. 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). 5. That the applicant obtain any permits and /or approvals, if required, from Lake Simcoe Region Conservation Authority, if applicable. 6. And That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 10 of 14 Page 12 of 274 4a) - Motion to adopt the minutes from Com... Committee of Adjustment Minutes — Thursday, October 21, 2010 2010 -A -35 - K. Koprowicz 1 Sunset Crescent, Plan M469, Part Lot 24 Relief from maximum floor area. Alexander March, agent, was present. Rick Fraracci, neighbour to the applicant and representative of William and Ica Hiles Michael Goudie, reviewed the correspondence he and other neighbours submitted opposing the application. Ted Burton, neighbour to the applicant and representative of Chris and Marla Vandenberg, Corinne and Walter Bremner, reviewed the correspondence he and other neighbours submitted opposing the application. Motion No. CA101021 -13 Moved by Potter, Seconded by Hastings It is recommended that the Committee of Adjustment denies Variance Application 2010 - A-35, to permit the construction of a detached accessory building occupying a floor area of approximately 129 square metres (1,389 square feet) as it does not meet the four tests of the Planning Act. Carried. Page 11 of 14 Page 13 of 274 4a) - Motion to adopt the minutes from Com... Committee of Adjustment Minutes — Thursday, October 21, 2010 j) 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. Andrew McIntyre, designer, and Tom Shainline, applicant, were present. Motion No. CA101021 -14 Moved by Potter, Seconded by Hastings It is recommended that the Committee of Adjustment approves 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. Subject to the following conditions: 1. 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; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by: 1) pinning the footings, and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report that the boathouse does not exceed approximately 32 percent of the width of the lot at the average high water mark; 3. 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; 4. That the applicant obtain any permits and /or approvals, if required, from Lake Simcoe Region Conservation Authority, if applicable; and 5. And That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 12 of 14 Page 14 of 274 4a) - Motion to adopt the minutes from Com... Committee of Adjustment Minutes — Thursday, October 21, 2010 k) 2010 -A -37 -Michael Johnson and Mary Jane Parent 4065 Line 8 North, Concession 9, West Part Lot 6, 51 R656, Part 14 Relief from minimum lot size for an equestrian facility (3 or more horses). Donna Reynolds, agent, and Laurie Latimer, daughter of agent, were present. Patti Clayton reviewed the correspondence she submitted. Motion No. CA101021 -15 Moved by Aiken, Seconded by Potter It is recommended that the Committee of Adjustment approves Variance Application 2010 -A -37, to provide relief from Zoning By -law 97 -95 in permitting an equestrian facility (having 3 or more horses) on the subject property. Subject to the following conditions: 1. That the applicant provide to the Township documentation confirming the size of the property as being no less than approximately 3.55 hectares; 2. That the subject property be used for the keeping of no more than four (4) horses; 3. 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; 4. That the applicant obtain any permits and /or approvals, if required, from Nottawasaga Valley Conservation Authority, if applicable; and 5. And 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. Carried. Page 13 of 14 Page 15 of 274 4a) - Motion to adopt the minutes from Com... Committee of Adjustment Minutes — Thursday, October 21, 2010 6. NEW BUSINESS: None. 7. NEXT MEETING DATE Thursday, November 18, 2010 8. ADJOURNMENT a) Motion to adjourn. Motion No. CA100515 -16 Moved by Aiken, Seconded by Hastings It is recommended that we do now adjourn at 2:08 p.m. Carried. Steven 6ju rso ecretary Treasurer Page 14 of 14 Page 16 of 274