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11 18 2010 C of A Minutesf ~rrr~lri~X" kwo Thursday, November 18, 2010 Present: Bruce Chappell, Chair Roy Hastings Garry Potter THE TOWNSHIP OF ORO-MEDONTE ORO-MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Lynda Aiken Michelle Lynch 9:31 a. m. 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. CA101118-1 Moved by Aiken, Seconded by Hastings It is recommended that the agenda for the meeting of Thursday, November 18, 2010 be received and adopted. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST None declared. 4. ADOPTION OF MINUTES a) Motion to adopt the minutes from Committee of Adjustment meeting held on October 21, 2010. Motion No. CA101118-2 Moved by Potter, Seconded by Aiken It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, October 21, 2010 be adopted as presented. Carried. Page 1 of 9 5. PUBLIC MEETINGS: a) 2010-A-30 -Horseshoe Valley Lands Limited Part of Lots 3 and 4, Concession 4 Temporary Construction and Sales (proposal to construct two model homes). Motion No. CA101118-3 Moved by Potter, Seconded by Hastings John Boville, applicant, was present. Don McKay noted his support. It is recommended that the Committee of Adjustment approves a request for revision to its Notice of Decision dated September 16, 2010, regarding Variance Application 2010- A-30, consisting of the construction of a model home on proposed Lot 1 (formerly proposed Lot 37), and a change in the proposed lot on which the second model home is to be constructed, from proposed Lot 56, to proposed Lot 10. Subject to the following conditions: 1. 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. 2. That all other forms of development associated with the model homes be in conformity with the applicable Zoning By-Law 97-95, as amended. 3. That the applicant obtains any permits and/or approvals, if required, from Nottawasaga Valley Conservation Authority. 4. 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. 5. And That the model homes be built on proposed Lots 1 and 10, as per Appendix 5 of Memorandum dated November 10, 2010, for Variance Application 2010-A-30, and SCHEDULE A to this Notice of Decision. Carried. Page 2of9 b) 2010-A-31 - Georgian Equipment (Catherine Jo-Anne and George Armstrong Thompson) 21 Patterson Road, Plan 1719, RP 51 R-9538, Part 1 (Former Township of Orillia) Relief from Minimum Interior Side Yard Setback. Jason Gullet, agent, was present. Motion No. CA101118-4 Moved by Aiken, Seconded by Lynch It is recommended that the Committee of Adjustment approves Variance Application 2010-A-31, to construct a single storey industrial building within the required exterior side yard setback from the required 11 metres to 5.0 metres on the subject property. Subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report so that: a) That the single storey industrial building be located no closer than approximately 5.0 metres from the west exterior lot line 2. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 3. That the applicant obtains any permits and/or approvals, if required, from Lake Simcoe Region Conservation Authority, if applicable 4. And That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 3 of 9 c) 2010-13-32 - Angela McCuaig, Kevin McLean & Donald McLean 1051 Line 3 North, Part Lot 14, Concession 4 Permit a lot addition/boundary adjustment. Shirley Partridge, agent, was present. Motion No. CA101118-5 Moved by Aiken, Seconded by Hastings It is recommended that the Committee of Adjustment grants provisional approval of Consent application 2010-13-32, to permit a boundary adjustment. Subject to the following conditions: 1. That three copies of a Registered 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 1071 Line 3 North to the south- west (enhanced lands, per Schedule B to this Notice of Decision), and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands. 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. 4. That the applicant's solicitor provides an undertaking that the severed lands and the lands to be enhanced will merge in title. 5. And That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. d) 2010-B-33 -Fraser Hardy McConney 170 15/16 Sideroad East, Concession 8, Lot 16 Technical severance to create a lot which once existed as a separate parcel of land. Shirley Partridge, agent, was present. Motion No. CA101118-6 Moved by Aiken, Seconded Lynch It is recommended that the Committee of Adjustment defers Consent application 2010- 6-33, to create a lot which once existed as a separately conveyable parcel of land, for Planning staff to obtain clarification from the applicant and their agent on the sequence of events in the merging of properties leading to the present day configuration of the subject property. Page 4 of 9 Carried. e) 2010-A-38 - Donald Leroux North Side of Mount Saint Louis, East of Highway 400, Part of Lot 10, Concession 8 Relief from Maximum Floor Area and Timing of Construction. No one was present on behalf of the applicant. Lynn Thomson noted concern over the potential use of the agriculture building as a business occupation in a residential neighbourhood, the clearing of the land that has occurred and creation of a parking lot on the property. Dwight Holm reviewed his concerns outlined in correspondences dated November 16, 2010 and November 17, 2010. Motion No. CA101118-7 Moved by Hastings, Seconded by Potter It is recommended that the Committee of Adjustment defers Variance Application 2010- A-38, until proper notice is given in accordance with the Planning Act. Carried. Page 5 of 9 f) 2010-A-39 - Meghan Church, Caitlin Hussey, Kathleen Sutherland 53 Eight Mile Point Road, Plan 780, Lot 26 (Former Town of Orillia) Relief from Minimum Interior Side Yard Setback. Bryan Hussey, applicant, was present. Motion No. CA101118-8 Moved by Lynch, Seconded by Hastings It is recommended that the Committee of Adjustment approves Variance Application 2010-A-39, to grant reduced interior side yard setback from the required 2.0 metres to 1.1 metres for the construction of an addition onto an existing boathouse on the subject property. Subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision in writing that: a) That the proposed boathouse maintain an interior side yard setback of 1.1 metres 2. That the applicants obtain approval from the Lake Simcoe Region Conservation Authority under the Conservation Authorities Act. 3. Nothwithstanding Section 5.6 (a), that the proposed boathouse meets all other provisions of Section 5.6 of Zoning By-law 97-95; 4. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 5. 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. g) 2010-A-40 - Taras Sakharevych 61 Eight Mile Point Road, Plan 780, Lot 30 (Former Town of Orillia) Relief from Minimum Interior Side Yard Setback. Terry Sakharevych, applicant, was present. Motion No. CA101118-9 Moved by Potter, Seconded by Lynch It is recommended that the Committee of Adjustment denies Variance Application 2010- A-40, to construct a boathouse with a minimum interior side yard setback of 0.6 metres, rather than the required 2 metre setback. Carried. Page 6of9 h) 2010-A-42 -Cory Venable and Danielle Park 4 Georgina Drive, Lot 8, Plan 1561 Relief from Minimum Interior Side Yard Setback. Cory Venable, applicant, was present. Motion No. CA101118-10 Moved by Aiken, Seconded by Hastings It is recommended that the Committee of Adjustment approves Variance Application 2010-A-42, to permit a single detached dwelling and attached garage to be constructed as near as 1.234 metres from the interior side lot line to the north. Subject to the following conditions: 1. That the setback from the interior side lot lines for the dwelling and attached garage be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by: 1) pinning the footings, and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report that the distance from the single detached dwelling and attached garage, and the interior side lot line, be no less than approximately 1.234 metres. 3. That the applicant obtain any permits and/or approvals, if required, from Lake Simcoe Region Conservation Authority, if applicable; and 4. And That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 7 of 9 2010-A-43 - James Rogers 79 Stanley Avenue, Plan 626, Lot 105, (Former Township of Oro) Minimum Front Yard, Minimum Exterior Side Yard, Sight Lines on a Corner Lot and Setbacks for Driveways. John Raimondi, agent, was present. Joanne Taylor, neighbour, noted concern over the proposed driveway, the house size and the impact on the property. Kevin Pembleton, neighbour, noted concern over the sightline. Motion No. CA1 01 1 1 8-1 1 Moved by Potter, Seconded by Aiken It is recommended that the Committee of Adjustment approves Variance Application 2010- A-43, to permit a single detached dwelling and attached decks to be constructed as near as 2.95 metres from the front lot line, 1.21 metres from the exterior side lot line for a deck and 1.37 metres from the exterior side lot line for a dwelling, and within the sight line, and to permit a driveway to be located as near as 1.5 metres from an interior lot line. Subject to the following conditions: 1. That the setbacks from the front and exterior side lot lines for the dwelling and deck(s) be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by: 1) pinning the footings, and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report that the distances between the noted building/structure and the respective lot lines be no less than approximately the following: i. 2.95 metres from the front lot line, and 1.21 from the exterior side lot line, for the attached deck; and ii. 2.95 metres from the front lot line, and 1.37 metres from the exterior side lot line, for the dwelling. 3. That the applicant obtain an Entrance Permit for the relocation of the driveway for access to the single detached dwelling on the subject property; 4. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by way of survey/real property report that the distance between the driveway and the rear lot line be no less than 1.5 metres; 5. That the applicant obtain any permits and/or approvals, if required, from Lake Simcoe Region Conservation Authority, if applicable; and 6. 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 8of9 j) 2010-A-44 -McDougall Auto Wreckers 328 Line 14 North, Part Lot 14, Concession 14 Relief from Fence Height deemed not to be a Structure. James Doherty, agent, was present. Motion No. CA101118-12 Moved by Lynch, Seconded by Potter It is recommended that the Committee of Adjustment defers Variance Application 2010- A-44 until it is determined whether the use of the subject property is considered a "non- conforming" use. Carried. 6. NEW BUSINESS: A verbal update, re: OMB Hearing date for Consent Application 2010-1321 and Variance Application 2010-A-21 was provided. Memorandum dated November 17, 2010 from Andria Leigh, Director of Development Services, re: Coulson Ridge Estates Ltd - Consent Application 2010-13-06 - OMB Appeal. 7. NEXT MEETING DATE Thursday, December 16, 2010 at 9:30 a.m. 8. ADJOURNMENT a) Motion to adjourn. Motion No. CA101118-13 Moved by Aiken, Seconded by Hastings It is recommended that we do now adjourn at 12:18 p.m. Carried. B c Chappell, Xhair Steven Farqu arso , Secretary Treasurer Page 9of9