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03 17 2011 CofA AgendaProud Heritage, Exciting Future 1. OPENING OF MEETING: a) Appointment of Chair. b) Appointment of Vice Chair. c) Appointment of Secretary- Treasurer. d) Appointment of Deputy Secretary- Treasurer. 2. ADOPTION OF THE AGENDA: a) Motion to Adopt the Agenda. 3. DISCLOSURE OF PECUNIARY INTEREST: 4. ADOPTION OF MINUTES: None. 5. PUBLIC MEETINGS: THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING AGENDA COUNCIL CHAMBERS Thursday, March 17, 2011 10:00 a.m. a) 2011 -B -01 - Granite Hill Forestry Block B, Plan 1650, and Block C, Plan M29 Permit a lot addition /boundary adjustment. b) 2011 -A -01 - Duane Wright and Janice Lefaive 103 Blueberry Marsh Road Relief from minimum front yard, maximum height and maximum floor area. c) 2011 -A -02 - Dr. Gerry Arbus 797 Woodland Drive Relief from setback from a water course. d) 2011 -A -03 - Timothy and Donna Hilliard 856 Horseshoe Valley Road East Relief from minimum required interior side yard setback and non - complying buildings. e) 2011 -A -04 - Catherine Bass 2675 Lakeshore Road East Relief from minimum Interior side yard setback. Page 1 of 115 6. NEW BUSINESS: a) By -Law No. 2011 -013, Being a By -law to Govern the Proceedings of the Committee of Adjustment in the Township of Oro - Medonte. b) Memorandum dated March 3, 2011 from Andria Leigh, Director of Development Services, re: Site Inspections for Committee of Adjustment Applications. c) Correspondence dated February 15, 2011 from Rachelle Hamelin, Planner II, County of Simcoe, re: County Role in the Committee of Adjustment Process. 7. NOTICE OF MOTION: 8. NEXT MEETING DATE: Thursday, April 21, 2011 at 10:00 a.m. 9. ADJOURNMENT: a) Motion to Adjourn. Page 2 of 115 Application No: 2011 -B -01 To: Committee of Adjustment Prepared By: Steven Farquharson, Intermediate Planner Meeting Date: March 17, 2011 Subject: Consent Application (Granite Hill Forestry Inc.) Block B of Plan 1650 & Block C of Plan M29 Motion # Roll #: 4346 - 020 - 005 -04050 R.M.S. File #: 010 -41215 5a) - 2011 -B -01 - Granite Hill Forestry Blo... C�o%.11'u�oizt� Proud Hn;rage, G„YBng Flamm Development Services Application No. 2011 -B -01 TOWNSHIP OF ORO- MEDONTE REPORT REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 1. That three copies of a Registered 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 severed lands be merged in title with 29 Slalom Drive 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. I BACKGROUND: The applicant is proposing a boundary adjustment to convey approximately 0.9 hectares (2.2 acres) from the subject property to the neighbouring residential lot to the south being 29 Slalom Drive. No new building lots are proposed to be created as a result of the lot addition. I ANALYSIS: The purpose of application 2011 -B -01 is to permit a lot addition /boundary adjustment. The subject land is Part of Block B, Plan 1650, having a frontage of approximately 15 metres along Slalom Drive Meeting Date: March 17, 2011 Page 1 of 5 Page 3 of 115 5a) - 2011 -B -01 - Granite Hill Forestry Blo... an a depth of approximately 60 metres and an area of approximately 0.9 hectares. The subject lands are proposed to be added to the adjacent lands to the south (29 Slalom Drive). No new building lot is proposed to be created as a result of the lot addition. I FINANCIAL: Not applicable. I POLICIES /LEGISLATION: Township of Oro - Medonte Official Plan? 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 Rura / 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 permit conservation uses, forestry uses and golf courses. None of these uses currently exists on the portion of the property that is proposed to be Development Services Meeting Date: March 17, 2011 Application No. 2011 -B -01 Page 2 of 5 Page 4 of 115 5a) - 2011 -B -01 - Granite Hill Forestry Blo... conveyed to 29 Slalom Drive. The lot to be enhanced, being 29 Slalom Drive, is zoned Rural Residential Two (RUR2) 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 RUR2 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 residential structures are not permitted on the lands zoned Private Recreation (PR) Zone. I CONSULTATIONS: Public Works Department - Building Department - Engineering Department — County of Simcoe- No Objection (See Attached) 1 ATTACHMENTS: 1. Location Map 2. Proposed Lands to be Conveyed I CONCLUSION: It is the opinion of the Planning Department, that Consent application 2011 -B -01 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: Steven "Fafquharson, B.URPL Intermediate Planner Reviewed by: I �r Glenn White Manager, Planning Services Development Services Meeting Date: March 17, 2011 Application No. 2011 -B -01 Page 3 of 5 Page 5 of 115 5a) - 2011 -B -01 - Granite Hill Forestry Blo... Development Services Application No. 2011 -B -01 Proposed Lands to be Conveyed to 29 Slalom Drivel Meeting Date: March 17, 2011 Page 4 of 5 Page 6 of 115 5a) - 2011 -B -01 - Granite Hill Forestry Blo... Development Services 5 w U ' J MOONSTONE P PP.— 29 Slalom Drive Attachment #2- (Lands to be Conveyed) w z a Proposed Lands to be Conveyed to 29 Slalom Drive Meeting Date: March 17, 2011 Application No. 2011 -B -01 Page 5 of 5 Page 7of115 1 0 SHEET 7 _ BLOCK 58523 - SHEET 8 OF 8 0 ' SHEET 4 pe .a r L'W L' L1 E 8(077 rOp5 r 6gi' • . Tau," 0fro77W10ENINGI IfQ<O.ACLE.','NP..£8(10778 01110ES577(7 7 SNOB 08 W! 07/SK 0 (07 W ILfN O — 1 IY7 '8ESfJNE '.. BLOCK 3NY0•WO7d7S .'. v � i . am Ak 5001?507 caze ° was SLALOM DRNE OJJE OJJI ii REG P : 'M50 03E � w a y 030 MOONSTONE CRESCENT 5 7' 0318 S 0332 1 0320 8 0 0320 $ 0308 OMB OYM R.. 500 $ 039 , 0J0Y ie H 036 9 0g A y W' ''' R t I R `a 1650. ® ti 0340 0 # O a Od e` P 9 P .REG 1,111 1650 • SHEET 5 - e[eC 0 R`. y 4 § 0'303 0 W 3 ' ro 03.20 0305 a 0102 — 6 03&9 P ' 01 p 111 4111* B(Aat JI INV, P G� 5f i0 ` SHEET 5 � ,PN ' p NOTES MO MINISTRY OF M.D.. CONSUMER NNO Mowry mummy ........ .... ., M erw .rcemn UXIVIERAL Y{/ �/ COMMERCIAL PROPERTY INDEX MAP _ ONTARIO RELATIONS BLOCK 58523 a" w.., NNMr" mNN,,. 01.4/ , w. ' "'" THIS INDEX MAP SHOW5 ALL "0.. niaP°^ Nunn G' MOM. n 11. 11 o xMEw o Ha mm PROPERTIES EXISTING 15 TOWNSHIP OF NC.. « ,m.POM , 0<w 0 rr. raMMi, r. ... . F. NM"EM,a.M F. woPu BLOCK 58523 - SHEET 8 - iwuwarw ONLY ON JULY I. 2000. ORO MEDONTE w nw -.. • COUNTY OF SIMCOE �M.r PM��r `A "`°` "" SCALE )OFFICE 51) .rtnEmE nun mENmuMr"•lla A.M. hie XIJIMER 9 "iwr Nuwu wunwNwN en. w uu Arnrnrn vwE:,r 1500 I 1 5a) - 2011 -B -01 - Granite Hill Forestry Blo... Page 8 of 115 5a) - 2011 -B -01 - Granite Hill Forestry Blo... From: Hamelin, Rachelle To: Farquharson, Steven Subject: RE: March Committee of Adjustment Application 2011 -B -01 Date: Monday, March 07, 2011 10:32:31 AM I have reviewed 2011 -B -01 and have no comment. Please circulate the minor variance applications. Thank you. If you require additional information, do not hesitate to contact me. Sincerely, Rachelle Hamelin Planner II County of Simcoe, Planning Department 1110 Highway 26, Midhurst, ON LOL 1X0 Phone: (705) 726 -9300 ext.1315 Fax: (705) 726 -9832 Email: rachelle.hamelin simcoe.ca From: Farquharson, Steven [mailto :sfarquharson ©oro- medonte.ca] Sent: Thursday, March 03, 2011 3:59 PM To: Hamelin, Rachelle Cc: Hoppe, Bruce Subject: March Committee of Adjustment Application 2011 -B -01 Good Afternoon Rachelle, Please find the attached Notice of Hearing and application for a Consent application that has been submitted to the Township to consideration. This is the only consent that has been submitted for this month's meeting. Would you like for me to send you the variance applications? There is only one that is on the County Road (Horseshoe Valley Road). Steven Farquharson Intermediate Planner Township of Oro - Medonte ,i ., , re,« P; (705) 487 -2171 F: (705) 487 -0133 143 Line 7s., Box 100 Oro, Ontario LOL 2X0 www.oro- medonte.ca Have your Say! Please complete our website survey, click here. Please consider the environment before printing this email. This e -mail may contain PRIVILEGED AND CONFIDENTIAL INFORMATION and is intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, please notify the sender by e- Page 9 of 115 5a) - 2011 -B -01 - Granite Hill Forestry Blo... mail. Further, you should not copy, disclose, or distribute this e-mail or its contents to any other person and any such actions are unlawful. This e -mail may contain viruses. The Township of Oro - Medonte has taken every reasonable precaution to minimize this risk, but is not liable for any damage you may sustain as a result of any virus in this e-mail. You should carry out your own virus checks before opening the e-mail or attachment. The Township of Oro - Medonte reserves the right to monitor and review the content of all messages sent to or from this e -mail address. Messages sent to or from this e -mail address may be stored on the Township of Oro - Medonte's e- mail system. This message has been scanned for viruses and dangerous content by MailScanner(11), and is believed to be clean. Page 10 of 115 5a) - 2011 -B -01 - Granite Hill Forestry Blo... Page 11 of 115 5a) - 2011 -B -01 - Granite Hill Forestry Blo... Page 12 of 115 5a) - 2011 -B -01 - Granite Hill Forestry Blo... Page 13 of 115 Application No: 2011 -A -01 To: Committee of Adjustment Prepared By: Alan Wiebe, Planner Meeting Date: March 17, 2011 Subject: Variance Application (Duane Wright and Janice Lefaive) 103 Blueberry Marsh Road Concession 2, East Part Lot 65 (Former Township of Medonte) Motion # Roll #: 4346- 020 - 009 -21501 R.M.S. File #: D13 -41280 5b) - 2011 -A -01 - Duane Wright and Janice ... Proud Hrrirage, F.xelang Furarr TOWNSHIP OF ORO- MEDONTE REPORT REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 1. That, notwithstanding Section 5.1.4 of Zoning By -law 97 -95, the building /structure shall otherwise comply with all other applicable provisions of the Zoning By -Law for detached accessory buildings; a. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying, in writing, that the height of the detached accessory building not exceed approximately 5.2 metres; 2. That the applicant obtain any permits and /or approvals, if required, from Nottawasaga Valley Conservation Authority; and 3. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c. P. 13. I BACKGROUND: The subject property occupies an area of approximately 1.11 hectares (2.75 acres), has frontage along Blueberry Marsh Road of approximately 164 metres and 129 metres, respectively, and is an irregularly shaped lot with variable depth. The subject property has an existing dwelling with a floor area of approximately 102.2 square metres (1,100 square feet), and an attached garage with a floor area of approximately 37.16 square metres (400 square feet) constructed in 2000, and three accessory buildings. The applicant is proposing to construct a detached accessory building on the subject property with a floor area of approximately 196 square metres (2,112 square feet) and a height of 5.2 metres 17.1 feet) above grade, located at 6 metres (19.7 feet) from the front lot line, and at 7.5 metres (24.6 feet) from the exterior side lot line. The proposed detached accessory building is proposed to consist of Development Services Meeting Date March 17, 2011 Application No. 2011 -A -01 Page 1 of 9 Page 14 of 115 5b) - 2011 -A -01 - Duane Wright and Janice ... interior space with a floor area of 151.6 square metres (1,632 square feet), and an attached "lean -to" with an exterior floor area of 44.5 square metres (480 square feet). The applicant has advised that the proposed detached accessory building is to be used for the storage of vehicles, inclusive of a boat and recreational vehicle, as well as a lawn mower and other seasonal equipment. I ANALYSIS: The purpose of this report is to consider Minor Variance Application 2011 -A -01, for relief from the Township's Comprehensive Zoning By -Law in relation to the maximum floor area, maximum height, and the minimum required front yard setback for a detached accessory building. The applicant is requesting the following relief from Table B1 of Zoning By -law 97 -95: Zone: Agricultural /Rural (A/RU) Zone 1. Table B4B — Minimum front yard 2. Section 5.1.4 — Maximum height 3. Section 5.1.6 — Maximum floor area Not applicable. Required 8.0 metres 4.5 metres 100 square metres Proposed 6.0 metres 5.2 metres 196 square metres I FINANCIAL: I POLICIES /LEGISLATION: Do the variances conform to the general intent of the Official Plan? The subject property has portions of land designated Rural and Environmental Protection One, respectively, and is entirely located within the Environmental Protection Two Overlay designation, in the Township's Official Plan. The portion of the subject property in the Rura / designation is located in the northeast corner. Section C2 of the Township's Official Plan states that the objectives of the Rural designation are "[to] preserve and promote the rural character of the Township and the maintenance of the open countryside" and "[to] prevent the intrusion of land uses which are incompatible with the rural character and /or resource activities of the area." Permitted uses in this designation include "single detached dwellings". Where environmental features are identified in the Township's planning policies, and development is proposed to take place within the environmental feature, or within lands adjacent to these features, the appropriate agencies from whom comments are sought are one of the two Conservation Authorities with jurisdiction over defined areas within the Township. The subject application has been circulated to the Nottawasaga Valley Conservation Authority (NVCA) for commenting, and has advised that it "has no objection to its approval', and that an EIS (as required for development on lands adjacent to specific environmental features) would not provide the NVCA with any additional information beyond what is already known. NVCA staff have also advised that no impacts are anticipated through the construction of the proposed garage "which cannot be mitigated through the application of conditions of a permit under the [Conservation Authorities] Act'. Based on comments Development Services Meeting Date March 17, 2011 Application No. 2011 -A -01 Page 2 of 9 Page 15 of 115 5b) - 2011 -A -01 - Duane Wright and Janice ... from NVCA staff, it is the opinion of Planning Department staff that the general intent of the Official Plan is maintained through the NVCA's non - objection to the subject application while not requiring the applicant to complete and EIS and MP. On the basis that the proposed detached accessory building is proposed to be located in the Rural designation portion of the lot, and on the basis that the NVCA has stated that it has no objection to the approval of the application, the proposed variances are 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 Agricultural /Rural (A/RU) Zone in the Township's Zoning By -Law 97 -95 and, per Table B4A of the Zoning By -Law, the only permitted use on properties in the A/RU Zone with a lot size less than 2.0 hectares (4.94 acres) are single detached dwellings. As stated above, the property currently contains a single detached dwelling with a floor area of approximately 102.2 square metres (1,100 square feet), and an attached garage with a floor area of approximately 37.16 square metres (400 square feet). Through the variances requested, as identified in the Analysis section, the applicant is proposing to construct a detached accessory building with a floor area of 196 square metres (2,112 square feet) and a height of 5.2 metres, and located as near as 6.0 metres from the front lot line, encroaching within the minimum required front yard of 8.0 metres. Section 5.1.3 a) of the Zoning By -Law states that "a detached accessory building is permitted in the front yard in the Agricultural /Rural (A/RU) Zone provided it is not located in the required front yard." In the case of a property in the Agricultural /Rural (A/RU) Zone, the minimum required front yard is 8.0 from the front lot line. The purpose for a minimum required front yard setback for detached accessory buildings is to maintain the character of properties in the Township based on the locations of buildings and structures, and to ensure that the visual impact of buildings from transportation routes and nearby properties will be minimized by maintaining a minimum setback. Section 5.1.6 of the Zoning By -Law states that "on Jots in the Agricultural /Rural (A/RU) Zone with an area less than 2.0 hectares (4.94 acres), the maximum floor area of any one detached accessory building or structure may not exceed 100 square metres". The purpose for regulated the maximum floor area for detached accessory buildings, based on lot size, is to ensure that no one detached accessory building will compromise the main use and /or visual prominence of the main building on a lot with an area less than 2.0 hectares, being a residential use or a single detached dwelling. As stated in the Background section to this report, the applicant has advised that the proposed detached accessory building is to be used for the storage of vehicles, inclusive of a boat and recreational vehicle, as well as a lawn mower and other seasonal equipment. The construction of a detached accessory building with a floor area 196 square metres, however, would result in the existence of an accessory building on the property with a floor area equal to approximately 140% the floor area of the existing dwelling on the property, inclusive of the attached garage, and equal to approximately 190% the floor area of the dwelling on the property, exclusive of the attached garage. Further, the proposed construction of an accessory building with a width of 13.4 metres (44 feet) and a depth of 14.6 metres (48 feet), for a floor area of 196 square metres, relates to the proposed variance from the minimum required front yard setback. Specifically, the proposed detached accessory building is proposed to consist of interior space with a floor area of 151.6 square metres (1,632 square feet), and an attached "lean -to" with an exterior floor area of 44.5 square metres (480 square feet). Development Services Meeting Date March 17, 2011 Application No. 2011 -A -01 Page 3 of 9 Page 16 of 115 5b) - 2011 -A -01 - Duane Wright and Janice ... On the basis that the proposed detached accessory building would be anticipated to compromise the visual prominence of the existing dwelling, and compromise the main use of the lot, for a residential purpose with the existing single detached dwelling, the proposed variance from the maximum floor area is not considered to meet the general intent of the Zoning By -Law. Further, as the variance requested from the minimum required front yard setback appears to be related to the variance requested from the maximum floor area for the proposed detached accessory building, with its proposed 2.0 metre encroachment into the minimum required front yard, where the proposed 196 square metre floor area of the building relates to the proposed encroachment, the proposed variance from the minimum required front yard setback is not considered to meet the general intent of the Zoning By -Law. Due to proposed height of the proposed detached accessory building being related to the height of items to be stored within the proposed building, the variance requested from the maximum height provision of the Zoning By -Law is analyzed separately. 1. Section 5.1.4 — Maximum height Section 5.1.4 of the Zoning By -Law states that "[the] maximum height of any detached accessory building ... is 4.5 metres". The purpose of a maximum height for detached accessory buildings is to restrict the visual impact of accessory buildings and to ensure that their visual prominence will remain clearly secondary to the main use and /or main building on the lot. On the basis that the height of the proposed detached accessory building, at 5.2 metres above grade, is not anticipated to compromise the visual prominence of the existing single detached dwelling on the property, the proposed variance from the maximum height provision 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 a moderate vegetative buffer presently exists between the proposed location of the proposed detached accessory building, and Blueberry Marsh Road. This site inspection also revealed that accessory buildings on nearby properties do not compromise the visual prominence of single detached dwellings on these lots. With respect to the proposed variances from the maximum floor area and minimum front yard setback provisions, the existing vegetative buffer, however, would not be anticipated to reduce the visual impact of a detached accessory building with a floor area of 196 square metres, located as near as 6.0 metres from the front lot line, and 7.5 metres from the exterior side lot line. On this basis, the proposed variances from the maximum floor area and minimum front yard setback provisions, when assessed collectively, are not considered appropriate for the desirable development of the lot. With respect to the proposed variance from the maximum height for the proposed detached accessory building, the proposed increase in the height permitted for a detached accessory building, from 4.5 metres to 5.2 metres, would not be anticipated to compromise the visual prominence of the existing dwelling, and would also not be anticipated to compromise the main use of the lot, for a residential purpose with a single detached dwelling. On this basis, the proposed variance from the maximum height provision, when considered separately, is considered appropriate for the desirable development of the lot. Development Services Meeting Date March 17, 2011 Application No. 2011 -A -01 Page 4 of 9 Page 17 of 115 5b) - 2011 -A -01 - Duane Wright and Janice ... Is the variance minor? As the proposed variance from the maximum height provision of the Zoning By -Law would result in a 15 per cent increase in the maximum height of a detached accessory building, the proposed variance from the maximum height provision is considered to be minor. The proposed variances from the maximum floor area and minimum required front yard, however, would appear to have a cumulative effect which would result in a proposed 96 per cent increase in the maximum floor area presently allowed for a detached accessory building on the property nearly twice the floor area of the size of accessory building presently allowed. Further, the proposed 196 square metre building would lead to a detached accessory building on the property that occupies a larger area on the lot than the existing dwelling. Therefore, the proposed variances from the maximum floor area and minimum required front yard provisions for a detached accessory building are not considered to be minor. CONSULTATIONS: Transportation and Environmental Services - Building Department- proposal appears to meet minimum standards Engineering Department — no concerns Nottawasaga Valley Conservation Authority — no objection I ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Schedule 3: Floor Plan Schedule 4: Exterior Elevation I CONCLUSION: i In the opinion of the Planning Department, portions of Variance Application 2011 -A -01, specifically, to permit the construction of a detached accessory building occupying a total area of approximately 196 square metres (2,112 square feet) on the subject property, located as near as 6.0 metres from the front lot line, does not appear to meet the four tests of the Planning Act. However, it is the opinion of the Planning Department that a portion of Variance Application 2011 -A- 01, specifically, to permit the construction of a detached accessory building with a height of 5.2 metres (17.1 feet) on the subject property, does appear to meet the four tests of the Planning Act. Respectfully submitted: A an Wiebe Planner Reviewed by: Glenn White, MCIP, RPP Manager, Planning Services Development Services Meeting Date March 17, 2011 Application No. 2011 -A -01 Page 5 of 9 Page 18 of 115 5b) - 2011 -A -01 - Duane Wright and Janice ... SCHEDULE 1: LOCATION MAP 2011 -A -01 (Duane Wright and Janice Lefaive) HUMMINGBIRD :HILL BLUEBERRY MARSH :ROAD L SUBJECT PROPERTY W Z MOONSTONE :ROAD Development Services Meeting Date March 17, 2011 Application No. 2011 -A -01 Page 6 of 9 Page 19 of 115 5b) - 2011 -A -01 - Duane Wright and Janice ... Page 20 of 115 SCHEDULE 2: SITE PLAN 2011-A-01 (Duane Wright and Janice Lefaive) ,Ij+ N f NE. CORNER -) L C b � � 8 K se ( 0: N N ' •. $: PART 1 PLAN 51R -11774 4, f . • I m, S . ..• N 1 - tit?, ' INST. N. I I 4 ATTACHED GARAGE i 5 IB WIELUNC il �� (719) -7 LOT CONSTRUCTION * UNDER J b NdB• 39,J0- �(7 ) 1 CONCESSION 2 t . INS T. N' 792841 '/,,, et .Toy J,.0 7 i . J Development Services Meeting Date March 17, 2011 Application No. 2011 -A -01 Page 7 of 9 5b) - 2011 -A -01 - Duane Wright and Janice ... Page 20 of 115 5b) - 2011 -A -01 - Duane Wright and Janice ... SCHEDULE 3: FLOOR PLAN 2011 -A -01 (Duane Wright and Janice Lefaive) Development Services Application No. 2011 -A -01 Meeting Date March 17, 2011 Page 8 of 9 Page 21 of 115 5b) - 2011 -A -01 - Duane Wright and Janice ... Development Services Meeting Date March 17, 2011 Application No. 2011 -A -01 SCHEDULE 4: EXTERIOR ELEVATION 2011 -A -01 (Duane Wright and Janice Lefaive) Page 9 of 9 Page 22 of 115 5b) - 2011 -A -01 - Duane Wright and Janice ... S ee c 27 flUxLi/US e 20" 3� ,?zDwi/ / -Exie ee,, e 5.5 AM_ e4o # 20 /ySUt /+ ".1317 29 6/9(16 5 ,5;k2414 77/99 g 1�,1/ ,6 /0 /Xq Pcej s @ 2r o .c. 2/ 4 .57`4/45 ' zy'a. c. " 6 2 '°3z_ 6 0o414. '.E ' 9 Covfses $ ,9C UGC 1 1 Ay /4/ V'" L ?2 6 , ,4c Page 23 of 115 5b) - 2011 -A -01 - Duane Wright and Janice ... Page 24 of 115 5b) - 2011 -A -01 - Duane Wright and Janice ... Page 25 of 115 5b) - 2011 -A -01 - Duane Wright and Janice ... Page 26 of 115 5b) - 2011 -A -01 - Duane Wright and Janice ... Page 27 of 115 5b) - 2011 -A -01 - Duane Wright and Janice ... Wiebe, Alan From: Hamelin, Rachelle <Rachelle.Hamelin @simcoe.ca> Sent: Monday, March 07, 2011 11:49 AM To: Wiebe, Alan Cc: sfarquarson @oro- medonte.ca Subject: RE: Variance Application for March 17, 2011 Meeting Attachments: image001.gif Thanks Alan. Paul and I have reviewed the attached applications and have no comment. Rachelle From: Wiebe, Alan [mailto:awiebe©oro-medonte.ca] Sent: Monday, March 07, 2011 11:17 AM To: Hamelin, Rachelle Cc: Farquharson, Steven Subject: RE: Variance Application for March 17, 2011 Meeting Hi Rachelle: Please excuse the delay in forwarding two of the four variance applications for the March 17 hearings. I have just sent them as zipped attachments in an email message to Bryan, carbon copying you and Bruce. Thank you, Alan Alan Wiebe Planner Township of Oro - Medonte ,: - .'nor.! fda; rr. ¢;;.. dla� Viii: -rNrrr ' 71 .17; . .T..:33 :.. ne 7s., ;`iox 100 ::,tario L0L 2X0 „ ., r..;�ro- medonte.ca Have your Say! Please complete our website survey, click here. CO Please consider the environment before printing this email. This e -mail may contain PRIVILEGED AND CONFIDENTIAL INFORMATION and is intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, please notify the sender by e -mail. Further, you should not copy, disclose, or distribute this e-mail or its contents to any other person and any such actions are unlawful. This e -mail may contain viruses. The Township of Oro - Medonte has taken every reasonable precaution to minimize this risk, but is not liable for any damage you may sustain as a result of any virus in this e-mail. You should carry out your own virus checks before opening the e-mail or attachment. The Township of Oro - Medonte reserves the right to monitor and review the content of all messages sent to or from this e -mail address. Messages sent to or from this e-mail address may be stored on the Township of Oro- Medonte's e-mail system. 1 Page 28 of 115 5b) - 2011 -A -01 - Duane Wright and Janice ... From: Farquharson, Steven Sent: Monday, March 07, 2011 11:13 AM To: Hamelin, Rachelle Cc: Wiebe, Alan Subject: RE: Variance Application for March 17, 2011 Meeting That is Alan's application. Steven Farquharson Intermediate Planner Township of Oro - Medonte From: Hamelin, Rachelle [ mailto: Rachelle.Hamelin @simcoe.ca] Sent: Monday, March 07, 2011 11:10 AM To: Farquharson, Steven Subject: RE: Variance Application for March 17, 2011 Meeting Are you making me wait in anticipation for the variance on Horseshoe Valley Road? Sincerely, Rachelle Hamelin Planner II County of Simcoe, Planning Department 1110 Highway 26, Midhurst, ON L0L 1X0 Phone: (705) 726 -9300 ext.1315 Fax: (705) 726 -9832 Email: rachelle.hamelinsimcoe.ca From Farquharson, Steven [ mailto :sfarquharson @oro- medonte.ca] Sent: Monday, March 07, 2011 10:35 AM To: Hamelin, Rachelle Subject: FW: Variance Application for March 17, 2011 Meeting Good Morning Rachelle, Please find the attached Notice of Hearing and Application for the above noted a variance application that has been received by the Township. If you have any further questions please feel free to contact me. Steven Farquharson Intermediate Planner Township of Oro - Medonte . .'71 E. I: -4 ".1133 148 . a .,, _,... :.: ' 00 fJU 4i i�li r` Oro, u ...11;i.; .?;1 rr.i .. I :. iJir�4 l =rr�rr i . WWW.010- iiledu "i`t'.: Have your Say! Please complete our website survey, click here. ® Please consider the environment before printing this email. This e -mail may contain PRIVILEGED AND CONFIDENTIAL INFORMATION and is intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, please notify the sender by e -mail. Further, you should not copy, disclose, or distribute this e-mail or its contents to any other person and any such actions are unlawful. This e -mail may contain viruses. The Township of 2 Page 29 of 115 5b) - 2011 -A -01 - Duane Wright and Janice ... Oro - Medonte has taken every reasonable precaution to minimize this risk, but is not liable for any damage you may sustain as a result of any virus in this e-mail. You should carry out your own virus checks before opening the e-mail or attachment. The Township of Oro - Medonte reserves the right to monitor and review the content of all messages sent to or from this e -mail address. Messages sent to or from this e-mail address may be stored on the Township of Oro - Medonte's e-mail system. This message has been scanned for viruses and dangerous content by MailScanner(11) and is believed to be clean. This message has been scanned for viruses and dangerous content by MailScanner(12) and is believed to be clean. 3 Page 30 of 115 5b) - 2011 -A -01 - Duane Wright and Janice ... tv aSoG q Oo /9sON2o5 Member Municipalities Watershed Counties Dufferin Grey Simcoe Member of Conservation ONTARIO 0 Adjala - Tosorontio Amaranth Barrie The Blue Mountains Bradford -West Gwilllmbury Clearview Collingwood Essa Grey Highlands Innisfil Melancthon Mono Mulmur New Tecumseth Oro-Medonte Shelburne Springwater Wasaga Beach February 22, 2011 Steven Farquharson, Secretary- Treasurer Committee of Adjustment Township of Oro- Medonte P.O. Box 100 Oro, Ontario LOL 2X0 Dear Mr. Farquharson; Re: Application for Minor Variance 2011 - - 01 Part Lot 65, Concession 2, 103 Blueberry Marsh Road Township of Oro - Medonte (Formerly Township of Oro) The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this application for minor variance and based upon our mandate and policies under the Conservation Authorities Act, we have no objection to its approval. We advise the location of the proposed building is located within an area under the regulatory jurisdiction of the NVCA whereby a permit (or clearance) is required under the Conservation Authorities Act prior to development. Thank you for circulating this application for our review and please forward a copy of any decision. Sincerely, Tim Salkeld Resource Planner Celebrating 50 Years in Conservation 1960 -2010 NOTTAWASAGAVALLEY 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 31 of 115 5b) - 2011 -A -01 - Duane Wright and Janice ... Wiebe, Alan From: Timothy Salkeld <tsalkeld @nvca.on.ca> Sent: Wednesday, March 02, 2011 3:47 PM To: Wiebe, Alan Cc: Leigh, Andria; Barbra Perreault Subject: 2011 -A -01, 103 Blueberry Marsh Road Attachments: image002.jpg Hi Alan. Thanks for your call today. Through review of this minor variance application, the NVCA did not anticipate any negative impacts on natural heritage features or functions of the area with the construction of the garage. An EIS would result in further expense to the applicant and we do not believe an EIS would provide any additional information beyond what we already know. Our assessment determined: • the proposed garage location appears to be in the neighbourhood of 50 metres from the PSW as mapped by MNR; • the proposed garage well exceeds the setback of the existing house from the PSW; • it's proposed location is generally the highest part of the property and is located closely between two developed areas (i.e. the house and the municipal road); • it's located in an area requiring limited mature tree removal; • the proposed development in our opinion was minor in nature. We do not anticipate any impacts of the proposed garage on the PSW which cannot be mitigated through the application of conditions of a permit under the C.A. Act (e.g. limited grading, sediment and erosion control). Should you wish to discuss further, please call. Regards; Tim Salkeld Resource Planner Nottawasaga Valley Conservation Authority 8195 8th Line Utopia, ON LOM 1TO (705) 424 -1479 ext 233 (705) 424 -2115 tsalkeld(c�nvca.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 1 Page 32 of 115 5b) - 2011 -A -01 - Duane Wright and Janice ... Page 33 of 115 5b) - 2011 -A -01 - Duane Wright and Janice ... Page 34 of 115 5b) - 2011-A-01 - Duane Wright and Janice ... ut 1 ' 14611 " as, tomt Sit: .47: pib -4p a Th■ 4. Alf Page 35 of 115 5b) - 2011-A-01 - Duane Wright and Janice ... Page 36 of 115 5b) - 2011 -A -01 - Duane Wright and Janice ... Page 37 of 115 5b) - 2011-A-01 - Duane Wright and Janice ... ,oreat. ' l aarileaquall r?1.po - 44 i .4*. , --,A,.......1, .4:26wmitait .--.. 4164, .1EMPTIalikl, wrdirzwpwwarawr mreiii. : .....:*' .i. . • • ■tollina. %ANN . ..--..- • - -- " . ".. 1, , , Att .,-,,,,,..„ NZ * 4' j "'W '".' , .'• ivaz, 1111- Page 38 of 115 5b) - 2011 -A -01 - Duane Wright and Janice ... Page 39 of 115 Application No: 2011 -A -02 To: Committee of Adjustment Prepared By: Steven Farquharson, Intermediate Planner Meeting Date: March 17, 2011 Subject: Variance Application (Gerald Arbus) Plan 1329, Lot 7 737 Woodland Drive Motion # Roll #: 4346 - 030 - 012 -37300 R.M.S. File #: D13 -41282 5c) - 2011 -A -02 - Dr. Gerry Arbus 797 Woodl... T gcx- of f ddo,?t Prod Heritage, Exciting Fiance TOWNSHIP OF ORO— MEDONTE REPORT REQUIRED CONDITIONS: I BACKGROUND: The purpose of this report is to consider a Variance Application 2011 -A -02, for relief from the Township's Comprehensive Zoning By -law in relation to reducing the minimum required setback from the top of bank of a watercourse. I ANALYSIS: The applicant is proposing to demolish the existing non conforming dwelling and construct a new one closer to the watercourse on the south side of the property. The dwelling and detached accessory building on the above noted property is requesting relief from Section 5.33 "Setback from Water Courses:" Section 5.33: Setback from a Water Course: Required Proposed 30 metres 2.9 metres (Dwelling) 15.3 metres (Accessory Building) I FINANCIAL: Not applicable. I POLICIES /LEGISLATION: Township of Oro - Medonte Official Plan? The property is designated Shoreline in the Official Plan. Township of Oro - Medonte Comprehensive Zoning By -law 97 -95 The subject property is zoned Shoreline Residential (SR) Zone Development Services Application No. 2011 -A -02 Meeting Date March 17, 2011 Page 1 of 4 Page 40 of 115 5c) - 2011 -A -02 - Dr. Gerry Arbus 797 Woodl... CONSULTATIONS: Transportation and Environmental Services - Building Department - Engineering Department - Lake Simcoe Conservation Authority- Comments attached 1 ATTACHMENTS: Schedule 1: Location Map I CONCLUSION: After reviewing the comments received from the Lake Simcoe Region Conservation Authority (LSRCA) in regards to Variance Application 2011 -A -02, being to reduce the minimum required setback from the top of bank of a watercourse from 30 metres to 2.9 metres for a dwelling and 15.3 metres for an accessory building, Planning Staff concur with the comments of LSRCA. The proposed dwelling should not be located closer than the existing dwelling (6 metres) to the top of bank of the watercourse and therefore should be deferred in order for a revised application be submitted to the Township. Planning staff have no objection to the proposed accessory building setback of 15.3 metres from the top of bank of a watercourse. Upon receiving a revised application, the Planning Department and LSRCA can fully evaluate the proposed setbacks to the top of bank of the watercourse. Respectfully submitted: Reviewed by: Steven a son, B.URPL Glenn White, MCIP, RPP Intermediate Planner Manager, Planning Services Development Services Meeting Date March 17, 2011 Application No. 2011 -A -02 Page 2 of 4 Page 41 of 115 5c) - 2011 -A -02 - Dr. Gerry Arbus 797 Woodl... Application No. 2011 -A -02 SCHEDULE 1: LOCATION MAP 2011 -A -02 (Arbus) a. -J 0 0 10 LAKE SIMCOE 797 WOODLAND DRIVE Development Services Meeting Date March 17, 2011 Page 3 of 4 Page 42 of 115 5c) - 2011 -A -02 - Dr. Gerry Arbus 797 Woodl... 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From: Ian Walker To: Farquharson, Steven Subject: 2011 -A -02 - Minor Variance - Arbus (LSRCA File #PV00774) Date: Thursday, March 10, 2011 3:28:10 PM Steven, Section 3.1.1b. of the Provincial Policy Statement requires that development shall generally be directed to areas outside of hazardous lands adjacent to rivers /streams which are impacted by erosion hazards. The proposed replacement dwelling is partially located within the 100 -year erosion allowance (meanderbelt) of the adjacent watercourse. LSRCA staff recommend that the Minor Variance application be amended to provide a minimum 6 metre setback to the edge of the watercourse, which would allow for the minimum 6 metre erosion access allowance, and coincides with being no closer to the watercourse than the existing residence which is to be removed. The 6 metre erosion access allowance is the standard provided by the Ministry of Natural Resources. The purpose is: - To provide emergency access to erosion prone areas; - To provide for construction access for regular maintenance and access to the site in the event of an erosion event or failure of a structure; and To provide protection against unforeseen or predicted external conditions. LSRCA staff would be in a position to support the minimum 6 metre setback from the watercourse (for the residence), based on the existing residence being located at 5.96 metres. LSRCA staff support the 15.3 metre setback for the accessory building. Please note, the fee of $200.00 for the LSRCA review of the Minor Variance is outstanding, the landowner is responsible to provide payment of this fee to LSRCA as per the Planning & Development Fees Policy (April 23, 2010). Should you have any questions, do not hesitate to ask. I will follow up with formal comments on letterhead for your files. Ian Walker, B.Sc. Environmental Planner Lake Simcoe Region Conservation Authority 120 Bayview Parkway, Box 282, Newmarket, ON L3Y 4X1 905.895.1281 x287 11.800.465.0437 I i.walker a@lsrca.on.ca 1 Isrca.on.ca From: Farquharson, Steven [mailto :sfarquharson ©oro- medonte.ca] Sent: March 7, 2011 10:31 AM To: Ian Walker Cc: Info Mail Subject: Variance Application for March 17, 2011 Meeting Good Morning Ian, Please find the attached Notice of Hearing and Application for the above noted a variance Page 51 of 115 5c) - 2011 -A -02 - Dr. Gerry Arbus 797 Woodl... application that has been received by the Township. If you have any further questions please feel free to contact me. Steven Farquharson Intermediate Planner Township of Oro - Medonte Have your Say! Please complete our website survey, click here. Please consider the environment before printing this email. f,:rr.i,;;,. L:.o��6,ti / .rr,rn. F. (705. ,I. T 1P, ° This e -mail may contain PRIVILEGED AND CONFIDENTIAL INFORMATION and is intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, please notify the sender by e- mail. Further, you should not copy, disclose, or distribute this e-mail or its contents to any other person and any such actions are unlawful. This e -mail may contain viruses. The Township of Oro - Medonte has taken every reasonable precaution to minimize this risk, but is not liable for any damage you may sustain as a result of any virus in this e-mail. You should carry out your own virus checks before opening the e-mail or attachment. The Township of Oro - Medonte reserves the right to monitor and review the content of all messages sent to or from this e -mail address. Messages sent to or from this e-mail address may be stored on the Township of Oro - Medonte's e- mail system. Page 52 of 115 5c) - 2011 -A -02 - Dr. Gerry Arbus 797 Woodl... Page 53 of 115 5c) - 2011 -A -02 - Dr. Gerry Arbus 797 Woodl... Page 54 of 115 5c) - 2011 -A -02 - Dr. Gerry Arbus 797 Woodl... Page 55 of 115 5c) - 2011 -A -02 - Dr. Gerry Arbus 797 Woodl... Page 56 of 115 5c) - 2011 -A -02 - Dr. Gerry Arbus 797 Woodl... Page 57 of 115 5c) - 2011 -A -02 - Dr. Gerry Arbus 797 Woodl... Page 58 of 115 5c) - 2011 -A -02 - Dr. Gerry Arbus 797 Woodl... Page 59 of 115 5c) - 2011 -A -02 - Dr. Gerry Arbus 797 Woodl... Page 60 of 115 5c) - 2011 -A -02 - Dr. Gerry Arbus 797 Woodl... Page 61 of 115 Application No: 2011 -A -03 To: Committee of Adjustment Prepared By: Alan Wiebe, Planner Meeting Date: March 17, 2011 Subject: Variance Application (Timothy and Donna Hilliard) 856 Horseshoe Valley Road East Concession 11, West Part Lot 1 (Former Township of Medonte) Motion # Roll #: 4346- 020 - 010 -14300 R.M.S. File #: D13 -41298 5d) - 2011 -A -03 - Timothy and Donna Hillia... TMI MS i n( � (9/ p ,/lledorite TOWNSHIP OF ORO- MEDONTE REPORT REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 1. That, notwithstanding Sections 5.16.1 c) and 5.18 of Zoning By -law 97 -95, the building/structure shall otherwise comply with all other applicable provisions of the Zoning By -Law; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying, in writing by way of survey or real property report, that the proposed addition to the existing building on the subject property will not: a. Be located any closer to the interior side lot line to the east than approximately 0.97 metres; b. Occupy any more than approximately 62.4 square metres of additional floor area; and c. Occupy any more than approximately 285.4 cubic metres of additional volume. 3. That the owner of the property at 856 Horseshoe Valley Road East; Concession 11, West Part Lot 1; roll no. 4346 - 020 - 010 - 14300) apply for, and enter into a Site Plan Agreement with Council for the Township for the existence of, and expansion to, the non - conforming use and the non - complying building, on the subject property (pursuant to Section 2.3 of By -Law 2009- 062 4. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c. P. 13. Extract of Section 2.3 from Township of Oro - Medonte By -Law 2009 -062 "2.3 At commercial and industrial uses permitted by way of an exception in Section 7.0 of By -Law 97 -95, as amended, an all legal non - conforming industrial and commercial uses in any Zone are also subject to Site Plan Control." Development Services Meeting Date March 17, 2011 Application No. 2011 -A -03 Page 1 of 7 Page 62 of 115 5d) - 2011 -A -03 - Timothy and Donna Hillis... I BACKGROUND: The subject property occupies an area of approximately 0.16 hectares (0.385 acres), has frontage along Horseshoe Valley Road East of approximately 22.9 metres (75.16 feet), and an average depth of approximately 66.9 metres (219.5 feet). The first storey of the existing main building on the subject property is used for a motor vehicle repair garage in accordance with Section 5.18 of Zoning By -Law 97 -95 ( "Non- Conforming Uses "), the second storey of the main building is used for an apartment, and the property also has a detached accessory building. The existing main building on the subject property is located as near as 5.42 metres (17.78 feet) from the interior side lot line to the west. The applicant is proposing to construct an addition standing 4.57 metres (15 feet) high, and occupying 62.4 m (672 feet to the existing building occupying 173.9 m (1,872 feet for the purpose of expanding the floor area of a motor vehicle repair garage, to be located as near as 0.97 metres from the interior side lot line to the west. I ANALYSIS: The purpose of this report is to consider Minor Variance Application 2011 -A -03, for relief from the Township's Comprehensive Zoning By -Law in relation to the minimum required interior side yard setback for a non - conforming and non - complying building, and in relation to the Zoning By -Law provisions for the enlargement of a non - complying building. The applicant is requesting the following relief from Table B1 of Zoning By -law 97 -95: Zone: Agricultural /Rural (A/RU) Zone Required 1. Minimum required interior side yard setback 2. Section 5.16.1 c) — Non- complying buildings Not applicable. Development Services Application No. 2011 -A -03 A non - complying building ... may be enlarged ... provided that the enlargement ... does not in any other way increase a situation of non - compliance Proposed 0.97 metres Floor area increase of: 62.4 m (672 feet (approx. from 173.9 m to 236.3 m Volume increase of: 285.4 m (10,080 feet I FINANCIAL: Meeting Date March 17, 2011 Page 2 of 7 Page 63 of 115 5d) - 2011 -A -03 - Timothy and Donna Hillis... I POLICIES /LEGISLATION: Do the variances conform to the general intent of the Official Plan? The subject property is located in the Rural Settlement Area designation in the Township's Official Plan. Section C3.1 of the Official Plan states that the objectives of this designation are "[to] maintain and create attractive communities with suitable amenities" and "[to] ensure that settlement areas are developed in a logical and cost - effective manner." Section C3.2 of the Official Plan states that "[permitted] uses in the Rural Settlement Area designation ... are low density residential uses, small scale commercial uses that .serve the needs of the settlement area and the surrounding rural area, small scale industrial development in the form of repair garages ... ". On this basis, the proposed variances are considered to conform to the general intent of the Official Plan. Do the variances meet the general intent of the Zoning By -law, and are the variances appropriate for the desirable development of the lot? The subject property is zoned Agricultural /Rural (A/RU) Zone in the Township's Zoning By -Law 97- 95. Permitted uses in the Agricultural /Rural (A/RU) Zone include agricultural uses and single detached dwellings, and do not include motor vehicle repair garages. The applicant has indicated in the Application for Minor Variance form that the existing buildings and structures on the property were constructed in 1952, and that their use has existed, and continued, since the "1950s ". Since the Township of Oro - Medonte's Zoning By -Law 97 -95 was originally passed in 1997, and the Former Township of Medonte's Zoning By -Law 1337 was passed in 1977, the use of this property as stated in the application form would be considered to comply with Section 5.18 of Zoning By -Law 97 -95, which states that "No lands shall be used and no building or structure shall be used except in conformity with the provisions of this By -law unless such use existed before the date of passing this By -law and provided that it has continued and continues to be used for such purpose, and that such use, when established, was not contrary to a By -law passed under Section 34 of the Planning Act, R.S.O 1990, cP. 13 or a predecessor thereof that was in force at that time." On the basis that motor vehicle repair garages are not identified as a permitted use on properties zoned Agricultural /Rural (A/RU) Zone, Zoning By -Law 97 -95 does not identify a minimum required interior side yard setback for such a use. However, as the purpose of a minimum required interior side yard setback includes: a) to maintain the character of an area, b) to maintain an appropriate degree of separation between buildings and structures on adjacent properties, and c) to reduce the visual impact of buildings or structures as viewed from neighbouring properties, the proposed construction of an addition to the existing non - conforming /non - complying building is deemed to require a variance for its expansion. A site inspection revealed that the existing dwelling on the neighbouring property to the west has an dwelling which appears to be located within the minimum required interior side yard setback to its eastern lot line. Although the construction of the proposed addition to the existing building would appear to decrease the degree of separation between it, and the dwelling on the neighbouring property to the west, the character of the area would be considered to be maintained. Further, it is noted that the purpose for the proposed addition is "to expand business space of existing garage Development Services Meeting Date March 17, 2011 Application No. 2011 -A -03 Page 3 of 7 Page 64 of 115 5d) - 2011 -A -03 - Timothy and Donna Hillis... area ". As stated above, the existing use on the subject property does not conform to Table Al of Zoning By -Law 97 -95, however, its use complies with Section 5.18 of the Zoning By -Law. On the basis that the proposed variances are not considered to have an adverse impact on the character of the surrounding area, and that the existing non - conforming use of the property meets the requirements of Section 5.18 of the Zoning By -Law, the proposed variances are considered to meet the general intent of the Zoning By -Law, and are considered appropriate for the desirable development of the lot. Are the variances minor? As the proposed variances are considered to conform to the general intent of the Official Plan, to meet the general intent of the Zoning By -Law, and are considered appropriate for the desirable development of the lot, the proposed variances are considered to be minor. CONSULTATIONS: Transportation and Environmental Services - Building Department - Engineering Department — 1 ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Schedule 3: Floor Plan CONCLUSION: In the opinion of the Planning Department, the proposed variances in Variance Application 2011 -A- 03, specifically, to permit the construction of an addition to the existing building on the subject property, located as near as 0.97 metres from the interior side lot line to the west, occupying an additional 62.4 square metres (672 square feet) of floor area, and an additional volume of 285.4 cubic metres (10,800 cubic feet) of volume, appear to meet the four tests of the Planning Act. Respectfully submitted: A an iebe Planner LhiY)4 Reviewed by: Glenn White, MCIP, RPP Manager, Planning Services Development Services Meeting Date March 17, 2011 Application No. 2011 -A -03 Page 4 of 7 Page 65 of 115 5d) - 2011 -A -03 - Timothy and Donna Hillis... HORSESHOE VALLEY ROAD SCHEDULE 1: LOCATION MAP 2011 -A -03 (Timothy and Donna Hilliard) w z J SUBJECT PROPERTY Development Services Meeting Date March 17, 2011 Application No. 2011 -A -03 Page 5 of 7 Page 66 of 115 5d) - 2011 -A -03 - Timothy and Donna Hi llis... SCHEDULE 2: SITE PLAN 2011 -A -03 (Timothy and Donna Hilliard) J ,' AR !V I I 8 113901 (1390) _ _ N59 ° 99'30 E_ _ _ •)d e - -- pLn POST +30.10' N59 ° 311'E 0 3 v C/1 t ") 11NST. 4117320 6 SETT 0 !V 8 , 1- 4,V 5 12480 828; 4 0 on Z i ! ! N60 °21' 40 "E 69.30' IMS1.407920) 77. 44" IMEAS) Ia 1,390) - 4 A w1AE FENCE F ,...,. i NE.; ;' ,V ' 40; T. J AREA 0.385 Ac. 1 -r: � r 2 `i Ti , REY Hui I.p1N(1 ∎SEk%r C STATION! 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N En _# co I- 18 a A f - o a °0 rvN re) It) - 01 Q1 > ' ` N NI ` li . iv '41:4-s V` Bgf-q ce I 7N', 1 �k,9.17 7 ... 1 539 .., SSIB 1139 01 OF MEDONTE AND ORO 066's BEARINGS APE ASTRONOMIC AN0 ARC REFERRED TO 111E NOR5HERLY 21411 OF THE ROAD ALLOWANCE BETWEEN TONNSNIFS OF MCDONI'C AND 000 AS SHOWN ON FLAN 3 1 24102. HAVING A BEARING OF 01 BB' 30' W. SURVE YINC LID. 014 71115 OAT 01' 2 „- SW/VT --' '- - (_ .. • , . - - - \ \ PAUL R KITCHEN T � • . - l SURVEYING LTD. / OII rARlO LAND SURVEYORS - `- CANADA LANDS SURVETORS 105 COLLIER ST. BARRIE, ONTARIO 105-722 39 PETER ST. M. ORILUA, oNrARIo 705`315 - 7665 BRACE BRIDGE 705 - 645.-4194 N0VEMOEH SURVEYOR'S CERTIFICATE - 1 0(051(7 711611 THE fILLQ SURVEY REPRESENTED NAN HOVE WAS COUPI ITEO 00 MT Sfd NOJFMBCP. 1906. 16 1 0 T --v.' /I 1 PAUL R. KITC10.11 ONTA PIO 1 AND SCALE 1 41011 .. AD 1011 IE 0:410 DRAWN BT 1,051 AMIN R. 1RBA NO01117041 000(1)00 CO. JOB Be, M - 11 - , 5d) - 2011 -A -03 - Timothy and Donna Hillia... Page 69 of 115 5d) - 2011 -A -03 - Timothy and Donna Hillia... 4 � v oN w s '£t Page 70 of 115 5d) - 2011 -A -03 - Timothy and Donna Hillis... Wiebe, Alan From: Hamelin, Rachelle <Rachelle.Hamelin @simcoe.ca> Sent: Monday, March 07, 2011 11:49 AM To: Wiebe, Alan Cc: sfarquarson @oro- medonte.ca Subject: RE: Variance Application for March 17, 2011 Meeting Attachments: image001.gif Thanks Alan. Paul and I have reviewed the attached applications and have no comment. Rachelle From: Wiebe, Alan [mailto:awiebe©oro-medonte.ca] Sent: Monday, March 07, 2011 11:17 AM To: Hamelin, Rachelle Cc: Farquharson, Steven Subject: RE: Variance Application for March 17, 2011 Meeting Hi Rachelle: Please excuse the delay in forwarding two of the four variance applications for the March 17 hearings. I have just sent them as zipped attachments in an email message to Bryan, carbon copying you and Bruce. Thank you, Alan Alan Wiebe Planner Township of Oro - Medonte ,: - .'nor.! fda; rr. ¢;;.. dla� Viii: -rNrrr ' 71 .17; . .T..:33 :.. ne 7s., ;`iox 100 ::,tario L0L 2X0 „ ., r..;�ro- medonte.ca Have your Say! Please complete our website survey, click here. CO Please consider the environment before printing this email. This e -mail may contain PRIVILEGED AND CONFIDENTIAL INFORMATION and is intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, please notify the sender by e -mail. Further, you should not copy, disclose, or distribute this e-mail or its contents to any other person and any such actions are unlawful. This e -mail may contain viruses. The Township of Oro - Medonte has taken every reasonable precaution to minimize this risk, but is not liable for any damage you may sustain as a result of any virus in this e-mail. You should carry out your own virus checks before opening the e-mail or attachment. The Township of Oro - Medonte reserves the right to monitor and review the content of all messages sent to or from this e -mail address. Messages sent to or from this e-mail address may be stored on the Township of Oro- Medonte's e-mail system. 1 Page 71 of 115 5d) - 2011 -A -03 - Timothy and Donna Hillis... From: Farquharson, Steven Sent: Monday, March 07, 2011 11:13 AM To: Hamelin, Rachelle Cc: Wiebe, Alan Subject: RE: Variance Application for March 17, 2011 Meeting That is Alan's application. Steven Farquharson Intermediate Planner Township of Oro - Medonte From: Hamelin, Rachelle [ mailto: Rachelle.Hamelin @simcoe.ca] Sent: Monday, March 07, 2011 11:10 AM To: Farquharson, Steven Subject: RE: Variance Application for March 17, 2011 Meeting Are you making me wait in anticipation for the variance on Horseshoe Valley Road? Sincerely, Rachelle Hamelin Planner II County of Simcoe, Planning Department 1110 Highway 26, Midhurst, ON L0L 1X0 Phone: (705) 726 -9300 ext.1315 Fax: (705) 726 -9832 Email: rachelle.hamelinsimcoe.ca From Farquharson, Steven [ mailto :sfarquharson @oro- medonte.ca] Sent: Monday, March 07, 2011 10:35 AM To: Hamelin, Rachelle Subject: FW: Variance Application for March 17, 2011 Meeting Good Morning Rachelle, Please find the attached Notice of Hearing and Application for the above noted a variance application that has been received by the Township. If you have any further questions please feel free to contact me. Steven Farquharson Intermediate Planner Township of Oro - Medonte . .'71 E. I: -4 ".1133 148 . a .,, _,... :.: ' 00 fJU 4i i�li r` Oro, u ...11;i.; .?;1 rr.i .. I :. iJir�4 l =rr�rr i . WWW.010- iiledu "i`t'.: Have your Say! Please complete our website survey, click here. ® Please consider the environment before printing this email. This e -mail may contain PRIVILEGED AND CONFIDENTIAL INFORMATION and is intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, please notify the sender by e -mail. Further, you should not copy, disclose, or distribute this e-mail or its contents to any other person and any such actions are unlawful. This e -mail may contain viruses. The Township of 2 Page 72 of 115 5d) - 2011 -A -03 - Timothy and Donna Hillis... Oro - Medonte has taken every reasonable precaution to minimize this risk, but is not liable for any damage you may sustain as a result of any virus in this e-mail. You should carry out your own virus checks before opening the e-mail or attachment. The Township of Oro - Medonte reserves the right to monitor and review the content of all messages sent to or from this e -mail address. Messages sent to or from this e-mail address may be stored on the Township of Oro - Medonte's e-mail system. This message has been scanned for viruses and dangerous content by MailScanner(11) and is believed to be clean. This message has been scanned for viruses and dangerous content by MailScanner(12) and is believed to be clean. 3 Page 73 of 115 5d) - 2011 -A -03 - Timothy and Donna Hillis... .. i111 IIIII[ Page 74 of 115 5d) - 2011 -A -03 - Timothy and Donna HiIlia... Page 75 of 115 5d) - 2011 -A -03 - Timothy and Donna HiIlia... Page 76 of 115 5d) - 2011 -A -03 - Timothy and Donna HiIlia... Page 77 of 115 Application No: 2011 -A -04 To: Committee of Adjustment Prepared By: Steven Farquharson, Intermediate Planner Meeting Date: March 17, 2011 Subject: Variance Application (Catherine Joan Bass) 2675 Lakeshore Road East Plan 860, Lot 7 (Former Township of Oro) Motion # Roll #: 4346- 010 - 012 -2410 R.M.S. File #: D13 -41296 5e) - 2011 -A -04 - Catherine Bass 2675 Lakes... n „>.unr of ('9,,iffdonte Proud Heritage, Iaiifutg•F.tore TOWNSHIP OF ORO- MEDONTE REPORT REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 1. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 2. That 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. 3. That the applicant obtain and /or approvals, if required, from the Lake Simcoe Region Conservation Authority 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. The proposed dwelling setback does not exceed approximately 1.2 metres to the west interior side lot line. I BACKGROUND: The subject property has a road frontage of approximately 15.2 metres (50 feet) and a lot area of approximately 0.2 hectares (0.5 acres). The property currently has a one storey single detached dwelling, which the applicant is proposing to demolish, which is setback approximately 1.6 metre (5.2 feet) from the interior side yard. The Township Zoning By -law requires a 3 metre (9.5 feet), interior side yard setback in the Shoreline Residential (SR) Zone for a dwelling. The proposed single detached dwelling is proposed to be a distance of 1.2 metres (3.9 feet) from the interior side yard lot line. Development Services Application No. 2011 -A -04 Meeting Date March 17, 2011 Page 1 of 5 Page 78 of 115 5e) - 2011 -A -04 - Catherine Bass 2675 Lakes... I ANALYSIS: The applicant is proposing to construct a one and half storey dwelling with a gross floor area of 210 square metres (2260 square feet). The applicant is requesting the following relief from Zoning By -law 97 -95: Required Proposed Table B1- Minimum Interior Side Yard Setback in the SR Zone: 3.0 metres 1.2 metres I FINANCIAL: Not applicable. I POLICIES /LEGISLATION: Does the variance conform to the general intent of the Official Plan? The property is designated Shoreline in the Official Plan. Section C5.1 which contains the Shoreline policies in the Township's Official Plan sets out the following objectives: • To maintain the existing character of this predominantly residential area. • To protect the natural features of the shoreline area and the immediate shoreline. The requested variance for the proposed dwelling and boathouse would appear to maintain the character of the shoreline residential area, as dwellings are a permitted use in the shoreline designation. Therefore, the variance would conform to the general intent of the policies contained in the Official Plan. Does the variance comply with the general intent of the Zoning By -law? The subject property is zoned Shoreline Residential (SR). The Shoreline Residential Zone permits single detached dwellings. The new location of the proposed dwelling would comply with the minimum required setbacks for the front yard of 7.5 metres and setback to Lake Simcoe of 20 metres. The existing dwelling does not meet the required interior side yard setback. The proposed setback of 1.2 metres, is still within the required setback, but the foot print of the proposed dwelling would only further encroach by 0.35 metres (1.1 feet) into the interior side yard then what is already existing. The purpose of the interior side yard setback is to provide access to the rear yard of the property, and to provide for a degree of separation between neighbouring dwellings. The site inspection revealed that the proposed single detached dwelling should not adversely impact access to the rear of the property, as the east interior side lot line is proposed to be located approximately 3.0 metres (9.8 feet) beyond the east wall of the proposed dwelling. Further, the proposed dwelling otherwise meets with all other Zoning By -law provisions (such as maximum height, front and rear yard setbacks) for single detached dwellings in the SR Zone. On the basis of the above, the proposal is considered to comply with the general intent of the Zoning By -law. Development Services Meeting Date March 17, 2011 Application No. 2011 -A -04 Page 2 of 5 Page 79 of 115 5e) - 2011 -A -04 - Catherine Bass 2675 Lakes... Is the variance appropriate for the desirable development of the lot? Based on the site inspection, the proposed single family dwelling would appear to be appropriate for the desirable development of the lot. A large existing hedge will provide the abutting dwelling to the east with adequate buffering from the proposed dwelling. The location of the applicants' driveway is situated on the east side of the property due to the location of the septic bed being located north of the proposed dwelling. The applicant is proposing to maintain the interior side yard setback on the east side of the proposed dwelling of 3.0 metres (9.8 feet) in order to be able to access the rear of the property. The lots in the area are generally single Tots averaging in width of approximately 15 metres (49.2 feet), not allowing for the required setbacks to met. With the proposed lot having an average width of 15 metres (49.2 feet), the applicants proposed design of the dwelling would not be able to meet the required interior side yard setbacks of the SR Zone. On this basis, the proposal is considered appropriate for the desirable development of the subject lot. Is the variance minor? As this application should not adversely affect the character of the surrounding area, the proposed variance is considered to be minor. I CONSULTATIONS: Public Works Department Building Department Engineering Department Lake Simcoe Region Conservation Authority 1 ATTACHMENTS: 1. Location Map 2. Proposed Site Plan I CONCLUSION: In the opinion of the Planning Department, Variance application 2011 -A -04, being an application for relief from the interior side yard for a proposed dwelling, appears to satisfy the tests of the Planning Act. Respectfully submitted: Stev en on B.URPL Intermediate Planner Development Services Application No. 2011 -A -04 Reviewed by: Glenn White, MCIP, RPP Manager, Planning Services Meeting Date March 17, 2011 Page 3 of 5 Page 80 of 115 5e) - 2011 -A -04 - Catherine Bass 2675 Lakes... Application No. 2011 -A -04 SCHEDULE 1: LOCATION MAP 2011 -A -04 (Bass) Development Services Meeting Date March 17, 2011 Page 4 of 5 Page 81 of 115 5e) - 2011 -A -04 - Catherine Bass 2675 Lakes... 9 po 9 abed LLOZ `LL 4aaeW a ;ea 6ui ;aaw g. _l_ .LSV3 QVOH 3HOHSDIV1 (sv NMDrp) QYOE SSVd 11 a a a (sse) to G i. o Nt ld 311S a3SOdO1Id :Z 31f143HOS 170-V-1. LOZ 'oN uofeoliddV saoiivas 4uawdoIanaa Page 82 of 115 5e) - 2011 -A -04 - Catherine Bass 2675 Lakes... 0 wm ISVR 0V02I H2I0HS MV1 (sv NMONN) avo2i ssvds32LL 3 ? ;moi;m01.0:3 1111111111 ill 4 bp ik an LT AFB =O o• Esz 5 148a 1 5o Page 83 of 115 5e) - 2011-A-04 - Catherine Bass 2675 Lakes... Page 84 of 115 5e) - 2011 -A -04 - Catherine Bass 2675 Lakes... Page 85 of 115 Fl 9 3 91 $ 5 si 9 P i{ f S a w imi e as— „ II r... _ g r IC V ti = ' „ IA t :o ,,f it ll v l ip al_ E..r� MEM : �,B�i I 0 5e) - 2011 -A -04 - Catherine Bass 2675 Lakes... Page 85 of 115 5e) - 2011 -A -04 - Catherine Bass 2675 Lakes... From: Ian Walker To: Farquharson, Steven Subject: 2011 -A -04 - Minor Variance - Bass (LSRCA File #PV00775) Date: Thursday, March 10, 2011 3:56:00 PM Good afternoon Steven, LSRCA staff will be in support of the proposed side yard setback variance, subject to the following conditions: That a permit be obtained from LSRCA prior to issuance of a municipal building permit; That proper sediment & erosion controls be installed prior to the commencement of any on -site works. Please note, the fee of $200.00 for the LSRCA review of the Minor Variance is outstanding, the landowner is responsible to provide payment of this fee to LSRCA as per the Planning & Development Fees Policy (April 23, 2010). Should you have any questions, do not hesitate to ask. I will follow up with formal comments on letterhead for your files. Ian Walker, B.Sc. Environmental Planner Lake Simcoe Region Conservation Authority 120 Bayview Parkway, Box 282, Newmarket, ON L3Y 4X1 905.895.1281 x287 11.800.465.0437 I i.walker @Isrca.on.ca 1 Isrca.on.ca From: Farquharson, Steven [mailto :sfarquharson ©oro- medonte.ca] Sent: March 7, 2011 10:29 AM To: Ian Walker Cc: Info Mail Subject: Variance Application Good Morning Ian, Please find the attached application and Notice of Hearing for Variance Application 2011 -A -04. If you have any further questions please feel free to contact me. We can complete a site inspection tomorrow when you are in the office. Steven Farquharson Intermediate Planner Township of Oro - Medonte Page 86 of 115 5e) - 2011 -A -04 - Catherine Bass 2675 Lakes... P:(70 1 14. ..:r,. - i . .. Oro, C .:rio L01 2> www.oro- medonte.ca Have your Say! Please complete our website survey. click here. Please consider the environment before printing this email. This e -mail may contain PRIVILEGED AND CONFIDENTIAL INFORMATION and is intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, please notify the sender by e- mail. Further, you should not copy, disclose, or distribute this e-mail or its contents to any other person and any such actions are unlawful. This e -mail may contain viruses. The Township of Oro - Medonte has taken every reasonable precaution to minimize this risk, but is not liable for any damage you may sustain as a result of any virus in this e-mail. You should carry out your own virus checks before opening the e-mail or attachment. The Township of Oro - Medonte reserves the right to monitor and review the content of all messages sent to or from this e -mail address. Messages sent to or from this e -mail address may be stored on the Township of Oro - Medonte's e- mail system. Page 87 of 115 5e) - 2011 -A -04 - Catherine Bass 2675 Lakes... Page 88 of 115 5e) - 2011 -A -04 - Catherine Bass 2675 Lakes... Page 89 of 115 5e) - 2011 -A -04 - Catherine Bass 2675 Lakes... Page 90 of 115 5e) - 2011 -A -04 - Catherine Bass 2675 Lakes... Page 91 of 115 5e) - 2011 -A -04 - Catherine Bass 2675 Lakes... Page 92 of 115 5e) - 2011 -A -04 - Catherine Bass 2675 Lakes... Page 93 of 115 5e) - 2011 -A -04 - Catherine Bass 2675 Lakes... From: Eileen Schwartz To: Farouharson, .Steven Cc: Wiebe. Alan Subject: Re: Submission No. 2011 -A -04, Lot 7, Plan 860 Date: Sunday, March 13, 2011 2:00:50 PM Attachments: Cathie Bass hearingMarch17 2011 (Inc Dear Mr. Farquharson, I am attaching my written comment re Submission No. 2011 -A -04; Lot 7, Plan 860 (Oro). I have also placed a copy in the mailbox in the Township offices. We are planning to attend the meeting on Thursday, March 17 at 10 AM as well. I am the owner of the property next door to Ms. Bass (2669 Lakeshore Rd. E., lots 5 and 6, Plan 860, Oro). When I spoke to you last week I asked if there were plans to put in a basement in the proposed house for Ms. Bass. You didn't see a basement in the plans. However, we met with Ms. Bass yesterday and she said that there will be a full basement under the house and the basement would be a walk -out to the lake side of the property. I will look tomorrow to see online whatever papers relate to this submission and this may help to make this aspect clearer. I was interested in making this aspect clearer because it relates to the digging that will be done so close to the property line and the possible negative affects on the adjacent land and mature trees. Thank you very much for your attention to this matter. Yours sincerely, Eileen Schwartz Page 94 of 115 5e) - 2011 -A -04 - Catherine Bass 2675 Lakes... March 16, 2011 Secretary of the Committee of Adjustment The Corporation of the Township of Oro - Medonte P. O. Box 100, Oro, ON LOL2X0 Attention: Committee of Adjustment Re: Submission No. 2011 -A -04; Lot 7, Plan 860 (Former Township of Oro) Concern for damage to our mature cedar and ash trees along our property line . , ZGUL I am the owner of 2669 Lakeshore Road East, Plan 860, Lots 5 & 6, the property adjacent to 2675 Lakeshore Rd. E. and I oppose the application for the following reasons. I would like this letter to accompany my previous letter of March 11 as I want to express some new concerns after viewing the information on the internet. The ash trees are very tall (over 9 metres), and a minimum of over 35 years old (see pictures attached). Ms. Bass has requested a reduction in the minimum side yard setback adjacent to our property from 3 metres to 1.2 metres. I believe that if her request is granted, the construction of the footings and basement will damage our cedar and ash trees. The proposed building will be very close to our trees. We have concerns that the roots will be cut and damaged and thereby affect the health of the trees. The trees provide character to our shoreline residential property and enhance the property's value. Due to their size, structure and age they are irreplaceable. If they are destroyed or damaged either by the construction or the proximity to the new building, their loss will have a significant impact on the value of our property. I recommend that the request for a variance with respect to the above minimum side yard requirement adjacent to our property be denied. Determining what is a minor variance 1. Precedent I would like to draw the committee's attention to a precedent for this application. I am referring to submission # 2010 -A -29 (Plan 626, Lot 15) whereby the applicant was also applying for relief from a minimum side yard setback from 3 metres to 1.2 metres. The committee determined that the application was denied on the basis that the test for a minor variance was not met. The neighbour also had a "vegetative buffer" between their properties. The planning department stated in that case that, "With . respect to the proposal for variance ... for a reduction in the minimum required interior side yard setback, as it would be anticipated to have an adverse effect on the surrounding area, the proposed variance is not considered to be minor." As per Page 95 of 115 5e) - 2011 -A -04 - Catherine Bass 2675 Lakes... Alan Wiebe in his report to the Committee of Adjustment in that case, "In the opinion of the planning department to permit a single detached dwelling to be constructed as near as 1.2 metres from the interior side lot line on the subject property does not appear to meet the test of the planning act." This precedent is respectfully submitted as one that is relevant to this submission. 2. Test of a footprint If we look at the test of the "footprint" of the old building that exists now on Ms. Bass's property, it is true that "the footprint of the proposed dwelling would only further encroach by 0.35 metres (1.1 feet) into the interior side yard than what already exists (current report as quoted from Ian Wheeler)." As Ms. Bass is demolishing the old building and is applying for a new building permit (ie. not a renovation) the old footprint will not exist anymore. If the old footprint does not exist then the new building will be encroaching 1.75 metres (the difference between 3 metres and the proposed 1.2 metres) times 12 metres (the new length of the new building). This calculation is 21 square metres or 226.04 square feet of floor space in the new proposed house that is appreciably more than the present by -law for a minimum side yard setback of 3 metres. Therefore, this does not appear to be a "minor" variance by the test of a "footprint." Change of character of the neighbourhood Ms. Bass has requested a variance to enable her to build a large 1 and 'A storey house on a small lot. I welcome the construction of a new residence on the property but feel that it should not negatively affect our trees, the value of our property or the character of the neighbourhood. I recognize that Ms. Bass has the right to construct any style building that she wishes but believe that the setback restrictions were designed to keep some uniformity in a neighbourhood by controlling the position and size of a building on the property. For instance, our home is 2100 square feet on a 100 foot lot and her projected home is 2260 square feet on a 50 foot lot. I am attending the meeting tomorrow in order to respond to any questions that you may have. I will bring pictures (see attached) so that you can see the height of our trees and how close the proposed building is to our trees. I would like to be informed in writing of the decision of the Committee of Adjustment with respect to this application. Respectfully submitted, Eileen Schwartz Toronto Residence: Oro Residence: 2669 Lakeshore Road East, Oro - Medonte, ON. Page 96 of 115 5e) - 2011 -A -04 - Catherine Bass 2675 Lakes... 2679 Lakeshore Road East Hawkestone, ON LOL 1T0 March 10, 2011 Secretary of the Committee of Adjustment The Corporation of the Township of Oro - Medonte P.O. Box 100 Oro, ON LOL 2X0 Re: Submission No. 2011 -A -04 Lot 7 Plan 860 Former Townshi To the Secretary of the Committee MAR 1 4 2rni of Oro • have received the Notice of Hearing scheduled for March 17, 2011. Unfortunately, we will be unable to attend this hearing but would like to make a written comment. With the submission of the building plan contained in the Township's notice, my wife and I see nothing overtly that would negatively impact on the enjoyment of our property as a result of Ms. Bass' building plans unless the side yard variance being requested is on the property line between lots 7 and 8. It is difficult to read any numbers on the site plan included in the letter. If this is the case, we do not wish to have the building any closer than the existing by -law allows for (ie 3.0 metres) from the property line between lots 7 & 8. Having said that, I am also concerned regarding the overhead high voltage lines that run across both Ms. Bass' and my property. With the proposed building being located significantly closer to these overhead high voltage lines, I'm wondering whether Ms. Bass will be required to have these lines re- routed. If this is the case, I am VERY much opposed to having these lines run down the property line, between lots 7 and 8, to Lakeshore Road. I do not want to have high voltage lines enveloping my property on two sides. It is bad enough that they are as close to my house on the water side as they currently are. don't know what the setback is from Hydro One's perspective but i can't imagine that this close proximity to a residential home would be allowed. Although Ms. Bass' submission is only requesting a change in a side yard setback, I'm concerned that there might be an issue arising with Hydro One and Page 97 of 115 5e) - 2011 -A -04 - Catherine Bass 2675 Lakes... those high voltage lines that she is proposing building so close to and we do not want to be financially responsible for any such re- routing of those lines as a result of her building plans. Has this been investigated by either the Township or Hydro One? Has Hydro One been informed about Ms. Bass' building plans? would like to be kept informed of the decision of the Township in respect of this application and hope that this letter will serve both as my written comment to the Secretary of the Committee and my request to be kept informed. Re ectfully sub i ed Douglas L. ' 64, Kimberley A. Campbell Page 98 of 115 6a) - By-Law No. 2011-013, Being a By-law ... THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2011-013 Being a By-law to Govern the Proceedings of the Committee of Adjustment in the Township of Oro-Medonte. WHEREAS Section 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, states that every municipality and local board shall pass a procedure by-law for governing the calling, place and proceedings of meetings; AND WHEREAS Section 238(2.1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, states that the procedure by-law shall provide for public notice of meetings; AND WHEREAS pursuant to subsection 54(2) of the Planning Act, R.S.O., 1990, c.P. 13, as amended, the authority for the giving of consents as defined in Section 50 of the Act may be delegated by the Council to a Committee of Adjustment; AND WHEREAS pursuant to subsection 54(2.1) of the Planning Act, R.S.O. 1990, c.P. 13, as amended, the delegation of authority for the giving of consents is deemed to include authority to give approvals under subsection 50(18) and to issue certificates of validation under section 57 of the Act; AND WHEREAS Section 45 of the Planning Act, R.S.O. 1990, c.P. 13, as amended, establishes the authority of the Committee of Adjustment to authorize Minor Variances from a by-law in effect under Section 34 and passed under Section 38; AND WHEREAS pursuant to subsection 54(7) of the Planning Act, R.S.O. 1990, c.P. 13, as amended, a delegation of authority made by the Council may be subject to such conditions as the Council by by-law provides; AND WHEREAS the Council of the Township of Oro-Medonte has adopted a By- law to Constitute a Committee of Adjustment. AND WHEREAS the Council of the Township of Oro-Medonte has adopted a By- law to Govern the Proceedings of Council and Committees/Technical Support Groups of Council in the Township of Oro-Medonte under the authority of the Municipal Act, 2001, S.O. 2001, c.25, as amended, Section 238(2); AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it expedient to reflect the current practices, procedures, and statutory requirements of Council and Committees of Council; NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That the proceedings of the Committee of Adjustment, the conduct of Members, and the calling of meetings shall be governed by the provisions and regulations contained in Schedule "A", attached hereto and forming part of this by-law. 2. That the current edition of "Robert's Rules of Order Newly Revised" shall be the basis of interpretation for questions of procedure or order not provided for in Schedule "A". 3. That should any section, subsection, clause, paragraph or provision of this by-law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the by-law as a whole or any part thereof, other than the provision so declared to be invalid. Any provincial Statutes imposed contrary to this by-law shall take precedence. Page 99 of 115 6a) - By-Law No. 2011-013, Being a By-law ... READ A FIRST, SECOND AND THIRD TIME THIS 26th DAY OF JANUARY, 2011 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 4. That this by-law may be cited as the "Committee of Adjustment Procedural By-law". 5. And that this By-law shall take force and effect upon final passage hereof. Page 100 of 115 6a) - By-Law No. 2011-013, Being a By-law ... 12.0 AGENDA AND MINUTES 12.1 Agenda 12.2 Minutes 13.0 PUBLIC MEETINGS Schedule "A" to By-law No. 2011-013 10.0 VOTING 10.1 Voting - Chair 10.2 Voting on Questions 10.3 Failure to Vote 10.4 Equality of Votes 10.5 Recorded Vote INDEX 1.0 DEFINITIONS 2.0 NOTICE OF MEETINGS 3.0 CALLING, PLACE AND TIME OF MEETINGS 4.0 CANCELLATION OF MEETINGS 5.0 QUORUM 6.0 CHAIR OF COMMITTEE 6.1 Duties of the Chair 7.0 CONDUCT 7.1 Conduct - Members During Meeting 7.2 Conduct - Public During Meeting 8.0 MEETING PROCEDURES 9.0 RULES OF DEBATE 9.1 Rules of Debate - Chair 9.2 Rules of Debate - Members 9.3 Rules of Debate - In Committee 11.0 MOTIONS/RECOMMENDATIONS 11.1 Motions/Recommendations - General 11.2 Withdrawal of a Motion 11.3 Motion to Amend 11.4 Notice of Motion 14.0 PETITIONS AND COMMUNICATIONS Page 101 of 115 6a) - By-Law No. 2011-013. Being @ By-law ... 1.0 DEFINITIONS: Schedule "A" to By-law No. 2011-013 a) "Chair means the Chair of the Committee of Adjustment, The Corporation of the Township of Oro-Medonte appoirited by Members of the Committee at the first meeting of the caiendar year, and presides over a meeting of the Committee. b) Committee means a group of individuals appointed byCnu Corporation of the Township of Oro-Medonte to the Committee of Adjustment of the Township of Oro-Medonte pursuant to the provisions of the P .a"yAct, ".".", 1990, c.r./a.as amended„ n.uu. 1990, c.P.13, as amended. c) 'Committee Coordinator" means the Committee Coordinator of the Township of Oro-Medonte and/or his/her designate acting in their capaoity. d) Deputy Secretary-Treasurer rer means such other person appointed by the Members of the Committee, as required, to be responsible for the duties of the Secretary-Treasurer in the event of his/her absence. e) Meeting" means any regular, special, or other meeting of the Committee, f) Member means a Member appointed by the Couricil of the Township to the Committee. In accordance with Township policy, all members of the Committee shall be, and must remain for the duration of their term of office, a qualified resident in the Township of Oro-Medonte. N "Recorded Vote" means the recording of the name and vote of every Member on any matter af question. h) "Secretary-Treasurer means the Secretary-Treasurer of the Committee appointed by the Members. i) "Township" means The Corporation of the Township of Oro-Medonte. j) "Vice Chair" means a Vice-Chair elected by the Members of the Committee to Chair Committee meetings in the absence of the Committee Chair (selected by Members of the Committee at the first meeting of the calendar year and presides over a meeting of the Committee in the absence of the Chair). 2.0 NOTICE OF MEETINGS a) Notice of Application to be considered at a meeting shall be given in a manner that tI Committee deems appropriate, in accordance with the provisions of the Pi'anningAct n.S.O, 1990, c.P.13, as amended, and any regulations passed thereunder. b) Notice of Application procedures with respect to applications for validation of title, power of sale and foreclosure and for change to conditioris shall be the same as the procedures for consent applications in accordance with the provisions of the PlannirigAct, R.S.O., 1990, c.P.13, as amended, and any regulations passed thereunder, c) The Committee Coordinator shall ensure that the agenda for each regular meeting ot the Committee shall be posted to the Township website on the morning of the first busineas day of the week of the meetirig. d) The S asurer, or designate, shall provide notice of cancellation to the Committee, 3mn, and all other interested parties a minimum of one and a haif (1.5) hours in advance of any meeting, in the case of severe inclement weather. Page 102 of 115 6a) - By -Law No. 2011 -013, Being a By -law ... n Schedule "A" to By -law No. 2011 -013 3.0 CALLING, PLACE, AND TIME OF MEETINGS a) All meetings of the Committee shall be called by the Secretary- Treasurer, or designate, in consultation with the Chair, or designate. b) The regular schedule of meetings for the Committee shall be on the third Thursday of each month commencing at 10:00 a.m. or on such other day and /or time as may be determined from time to time. c) Meetings of the Committee shall be held at the Township of Oro - Medonte Administration Building located at 148 Line 7 South, Oro, Ontario, or any other location within the Municipality otherwise designated from time to time for such purposes. The room shall be identified on the Notice of an Application that is circulated by the Secretary- Treasurer. 4.0 CANCELLATION OF MEETINGS a) The Secretary- Treasurer, or designate, may cancel or reschedule a meeting as deemed necessary and will advise the Chair, or designate, and Committee Members accordingly and shall post notice of the cancellation and rescheduling on the Township's website. 5.0 QUORUM a) Three (3) Members of the Committee shall constitute a quorum. b) Where quorum is not present within thirty minutes of the time appointed for a meeting, the Committee Coordinator, or designate, shall call the roll and record the names of the Members present. The meeting shall stand adjourned until the next regular meeting or until a Special Meeting is called. c) The seat of a Member shall be declared vacant if the Member is absent for three (3) consecutive meetings, without prior approval from Council, with the exception of illness /health reasons. d) Members of the Committee are required to inform the Secretary- Treasurer of any anticipated absences from upcoming meetings. 6.0 CHAIR OF COMMITTEE a) The Chair of the Committee shall be appointed from amongst the Members of the Committee on an annual basis. b) A Vice Chair shall be appointed annually, at the same time as the appointment of the Chair. c} The Chair shall be counted in determining quorum and shall be entitled to all the rights of a Member on the Committee, including voting. d) Where the Chair is absent, through illness, or otherwise, the Vice Chair shall preside over the meeting. Page 103 of 115 6a) - By -Law No. 2011 -013, Being a By -law ... Schedule "A" to By -law No. 2011 -013 6.1 Duties of the Chair The Chair is responsible: a) To preserve order and decorum, decide questions or order and, without unnecessary comment cite the rule of authority commonly accepted (under parliamentary procedures), applicable to the case, if called upon to do so. b) To open the meeting of the Committee by taking the chair and calling the Members to order. c) To announce the business before the Committee in the order in which it is to be acted upon. d) To receive and submit, in the proper manner, all motions presented by the Members. e) To put to vote all questions which are regularly moved and seconded, or necessarily arise in the course of proceedings, and to announce the results. f) To decline to put to vote motions which infringe on the rules of procedure. g) To restrain the Members, within the rules of order, when engaged in debate. h) To enforce, on all occasions, the conduct of the Members. i) To expel any person for improper conduct. j) To call by name any Member persisting in breach of the rules of order of the Committee, thereby ordering him /her to vacate the Council Chamber, or designated meeting place. To receive all messages and other communications and announce them to the Committee. I) To authenticate, by his /her signature when necessary, all minutes, motions and decisions of the Committee. m) To ensure that the decisions of Committee are in conformity with the laws and by -laws governing activities of the Committee. n) To adjourn the meeting when the business is concluded. o) To adjourn the meeting without the question put, in the case of grave disorder arising in the Council Chamber, or designated meeting place. 7.0 CONDUCT 7.1 Conduct — Members During Meeting Members of Council shall: a) Not disturb another, or the Committee itself, by any disorderly deportment disconcerting to any Member speaking. b) Not resist the rules of Committee or disobey the decision of the Chair on questions of order or practice or upon the interpretations of the rules of order of the Council. c) Not be permitted to retake his /her seat at any meeting after being ordered by the Chair to vacate after committing a breach of any rule of order of the Committee, without making apology and the consent of the Committee expressed by a majority vote of the other Members present, determined without debate. Page 104 of 115 6a) - By -Law No. 2011 -013, Being a By -law ... Schedule "A" to By -law No. 2011 -013 d) Not leave his /her place on adjournment until the Chair leaves his /her chair. e) Not speak until he /she has addressed himself /herself to the Chair. f) Not walk across or out of the Council Chamber, or designated meeting place, or make any noise or disturbance when the Chair is putting a question and shall occupy his /her seat while a vote is being taken and until the result thereof is declared. g) Not disclose any written or verbal information received at a meeting or part of a meeting closed to the general public. h) Declare where a pecuniary interest or possible pecuniary interest exists, and shall not participate in the discussion of or vote on any question with respect to the matter. i} Convey the position of the Committee once a question has been decided, including when a Member had a minority opinion, while demonstrating respect for democracy. j) Adhere to a dress code for Committee meetings as agreed to by the current Committee. 7.2 Conduct — Public During Meeting All Members of the public shall: a) Respect the decorum of the Committee and shall refrain from public outbursts, shouting, or behaviour intended to disrupt the debate, discussion and /or general proceedings of the Committee. The Chair may request that a member(s) of the public vacate the meeting room if their behaviour is deemed to be disruptive to the business at hand. The Chair may unilaterally suspend the meeting until order is restored in the meeting room. 8.0 MEETING PROCEDURES a) The meeting of the Committee shall be called to order by the Chair of the Meeting or the Secretary- Treasurer. The normal hour for the onset of the meeting is 10:00 a.m. and the meeting will continue until a motion is passed to adjourn the meeting. Variations to this time can be amended by the Committee with a majority vote of those present. b) The Chair shall ask the Members to disclose any pecuniary interest they may have in applications before the Committee, and the provisions of the Municipal Conflict of Interest Act, R.S.O. 1990, Chapter M.50, as amended, shall apply. c) All meetings shall be open to the public and no person shall be excluded therefrom except for improper conduct, except as indicated in part (d) hereunder. d) All deliberations of the Committee shall be in open session and Members of the public, including the applicant, authorized agent, applicant's representative and any respondents may be present during any such deliberations, with the exception of those items which may be discussed in closed session in accordance with Section 239 of the Municipal Act, 2001, S.O. 2001, c.25, as amended. e) The Chair and /or the Secretary- Treasurer shall call for any requests for deferral of an application or for any request for withdrawal of an application. A request for deferral of an application to a later meeting date must be for reasonable cause and shall indicate any other requirements or conditions for deferral, such as re- notification, amendment or additional required information. f) The Chair, or designate, shall call each application in the order determined by the agenda. Page 105 of 115 6a) - By -Law No. 2011 -013, Being a By -law ... g) Schedule "A" to By -law No. 2011 -013 The Secretary- Treasurer, or designate, shall provide a brief overview of the basis of the application. h) The Chair of the meeting shall ask the applicant, authorized agent or the applicant's representative to introduce themselves and present the application. i) Committee Members may ask questions of the applicant, authorized agent or applicant's representative during and after the presentation. j) The Chair of the meeting shall ask the Secretary- Treasurer or Deputy Secretary- Treasurer to read all comments received from agencies, residents and others who responded to the circulation of the Notice of an Application. k) The Chair of the meeting shall invite anyone else having interest(s) /concern(s) with respect to application(s) to come forward and advise the Committee of their position(s). The Members, through the Chair, may ask questions of those parties expressing interest(s) / concern(s). 1) The Members shall provide the applicant, authorized agent or the applicant's representative the opportunity to respond to any comments received from commenting agencies or interested parties. m) After having considered the issues raised by the applicant, authorized agent, applicant's representative, any respondents and hearing the evidence at the meeting by the Committee, the Chair of the meeting shall ask the Members for a motion with respect to the disposition of the application. The Chair of the meeting, upon receipt of a motion from a Member, shall ask for a seconder to the motion. The Chair of the meeting shall call for a vote by the Members on the motion and the Chair shall announce whether the motion is carried or defeated. A defeated motion is not a decision. A new motion should then be presented until a motion is carried by a majority of the Members present. The Chair shall announce at the meeting, the decision of the Committee. n) Members may ask the Secretary- Treasurer for any assistance they require. o) Members concurring with the decision of the Committee shall sign the decision of the meeting. Pursuant to subsection 51.1(1) of the Planning Act, R.S.O., 1990, c.P.13, as amended, where the Committee may impose such conditions as in the Committee's opinion are reasonable, the Committee may require the payment of cash -in -lieu of the conveyance of land for park or other recreational purposes, as set out in the policies of the Township. The cash -in -lieu of a conveyance of land for park or other recreational purposes shall be received, pursuant to the previous section to fulfill conditions on the notice of decision of the Committee, shall be collected by the Secretary- Treasurer of the Committee and provided to the Township Treasurer. p) q) r) The resolutions, of the Committee shall be those passed at a meeting of the Committee where no quorum is present. 9.0 RULES OF DEBATE 9.1 Rules of Debate — Chair In directing the course of debate, the Chair shall: a) Designate the Member who has the floor when Members raise his /her hand to speak. Page 106 of 115 6a) - By-Law No. 2011-013. Being @ By-law ... Schedule "Arm By-law No. 2o11'o13 W Preserve order and decide questions of order. c) Cause to be read aPI motioris/recommendations presented in writing and state all motions/recommendations presented verbaily before uebmaonmequemion excop*wman'u� i provided this question, omemwoapmw e in by-law. 9.2 Rules of Debate - Members Iri addressing the Committee, no Member shall: a) Speak disany Family, or of the Governor-General, Lieutenant-Governor the Senate, the House of Commons of Canada, the Legislative Assembly of Ontario or the Couricil of the Township of Oro-Medonte, b) Usa offensive, insultirig or improper language in inst the Committee or any Member thereof, employees of the Township or citiz ns of the Township. c) Speak beside the questiorl in debate. d) Speak against any decision of the Com ktee except for the pu of moving that the question be reconsidered or to bring torward a motion to rescind or alter or amend tho docisiori. e) Disobey the rules of the Committee or a decision of the Chair. 9.3 Rules of Debate — In Committee a) Every Member when speaking to any question or motion shall respectfully address the Chair. b) When a Member is speaking, no other Member ohaU pass between him/he arid the Chair, or interrupt him/her except to raise a point of order. c) Any Member may require the question ormuUonunue,muuuaoionmuo read at any time during the debate, but not so as to interrupt a Member while speaking. d) No Member shall speak to the same question for longer than o(twm) minutes. With the leave of the Committee, a supplementary question with a further 1 (one) minute, may be grarited. (1 A Member may ask a question only for the purpose of obtaining facts relevant to the matter under discussion and necessary for a clear understanding thereof. (ii) All questions shall be stated succinctly and questions shall not be used as a means of making statements or assertions. 10.0 VOTING 10.1 Voting — Chair a) Notwithstanding Section 10.2 c), the Chair (excep where disqualified from voting by reason of interest or otherwise) may vote with the Members on all questions. 10.2 Voting on Questbns a) Wheri the Chair calls for the vote on a question, each Member shall occupy his/her seat and shall remain there until the result of the vote has bean declared by the Chair, During such time no Member shall waik across the room or speak to any other Member or make ariy noise or disturbance. b) After a question is finaily put by the Chair or Member, no Member shall speak to the question nor shall any other motion be made until after the vote is takeri and the result has been declared. c) Every Member present at a meeting of the Committee, when a question is put, shall vote thereon, unless he/she has declared any pecuniary interest, direct or indirect in the question. Page 107 of 115 6a) - By-Law No. 2011-013. Being @ By-law ... oV The manner af determining the decisio of t Committee on a motion shat bebye "show ofhends". e) Ariy motion shall a majority of votes of the quorum present. 10.3 Failure to Vote a) Failure r present, excep when a Member has declared a pecuniary interest, shall be taken as a negative vote. 10.4 Equality of Votes a) Where a vote on a question results in an equality of votes, the result shall be deemed to be negative. 10.5 Recorded Vote a) when a Member present requests, immediately subsequent to the taking of the vote, that the vote be recorded, each Member present, except a Member who is disqualified from voting by any Act, shall announce his/her vote openly. W The Chai immediately following the request for a recorded vote, will put the question again. c) All Members present at the Meating, unless disqualified from voting by ariy Act, must vote in alphabetical orde,beginning whh�omember who has �que�edthe vaco�edvme.The ��mmittrnCoordinator shall call each Member individually, record the Member's vote, and report the result of the vote to the Chair, d) The Chair shall vote last. 11.0 MOTIONS/RECOMMENDATIONS 11.2 Withdrawal of a Motion Schedule "A" to By-law No. 2011-013 11.1 Motions/Recommendations - General a) Motions/recommendations, or notices thereof, shall be in writing, moved and seconded. W Every motion/recommendation, when duly moved and seconded, shall be received by the Chair, and shall then be open for discussion prior to the vote being taken. Immediately preceding the taking of the vote, the Chair may state the question in the form introduced and shall do so if required by a Member. He/she shall state the question in the precise form in which it will be recorded in the minutes. c) The following matters may be introduced orally, without written notice, and without leave: 0 a point of order or persona privilege (ii) presentations of petitions (iii) a motion to suspend a rule of procedure or in compliance with a rule of procedure (iv) a motion to adjourn (not debatable) (v) a motion that the vote riow be taken d) When the motion, un consideration, coricerns two or more matters, a vote on each matter, upon the request of any Member, may be taken separately. e) A motion in respect of a matter which is beyond the jurisdiction of the Committee shall not be in order. f) A Member shall apeuxmomodonmaocordancewitxRuleomoeoute — |n Committee. a) After a motion has been received and/or read by the Chair, it shall be deemed to be in the possession of the Committee but may be withdrawn by Page 108 of 115 6a) - By -Law No. 2011 -013, Being a By -law ... Schedule "A" to By -law No. 2011 -013 the mover, with the consent of the seconder, prior to amendment or voting thereon. 11.3 Motion to Amend A motion to amend: a) Shall be presented in writing. b) Shall be relevant to the question to be received. c) Shall not be received proposing a direct negative to the question. d) Shall receive disposition of the Committee prior to a decision on the main question. e) Shall be disposed of in the reverse order of presentation to any further amendment and /or the original motion. f) Shall not be further amended, more than once, provided that further amendment may be made to the original motion. g) May propose a separate and distinct disposition of a question. 11.4 Notice of Motion a) A motion to rescind or alter or amend a motion entered upon the minutes, shall be received or put only when notice of intention to introduce such motion is given in accordance with Section 11.4 (b). b) Notice of motion requires the Member to provide, at a minimum, a brief verbal explanation of the matter and to provide the Chair with a written motion at a regularly scheduled meeting of the Committee. Such motion shall be provided to Members in an agenda for consideration at its next regularly scheduled meeting. 12.0 AGENDA AND MINUTES 12.1 Agenda a) The Committee Coordinator, or designate, shall forward all agendas to each Member for regular meetings of the Committee a minimum of 48 hours in advance of such meetings. b) The Order of the Day shall have preference during the Committee meeting: Order of the Day 1. Opening of Meeting 2. Adoption of the Agenda 3. Disclosure of Pecuniary Interest 4. Adoption of Minutes 5. Public Meetings 6. New Business 7. Notice of Motion 8. Next Meeting Date 9. Adjournment 12.2 Minutes The minutes of meetings of the Committee shall record, without note or comment: a) The place, date and time of meeting. b) The names of those present. c) Disclosure of pecuniary interest and the nature thereof. d) All resolutions /recommendations, decisions and proceedings of the meeting. 13.0 PUBLIC MEETINGS Page 109 of 115 6a) - By -Law No. 2011 -013, Being a By -law ... Schedule "A" to By -law No. 2011 -013 a) Public Meetings required for an application, in accordance with the Planning Act, R.S.O., 1990, c.P.13, as amended, shall be conducted during a scheduled meeting of the Committee. b) All Public Meetings shall be digitally recorded, and such recording shall be available to the public through the Township website. 14.0 PETITIONS AND COMMUNICATIONS a) Communication(s), including a petition(s) designed to be presented to the Committee and filed with the Secretary- Treasurer, shall be legibly written or printed, shall not contain any obscene or improper matter or language, shall be signed and dated by at least one person, and shall include an address and telephone number where return correspondence or contact is to be directed and shall become part of the public record of the meeting at which it is received. b) Petitions designed to be presented to the Committee and filed with the Secretary- Treasurer, shall contain original signatures, and all information on the petition, including names, addresses and telephone numbers shall become part of the public record of the meeting at which it is received. c) Communication(s) or petition(s), to be printed on an agenda, shall be delivered to the Secretary- Treasurer no later than 4:30 p.m. on the Wednesday of the week prior to meeting. If, in the Secretary- Treasurer's opinion, the communication /petition is of a time sensitive nature, the Secretary- Treasurer may bring forward such communication /petition for the Committee's consideration, after the aforementioned deadline. Page 110 of 115 6b) - Memorandum dated March 3, 2011 from ... MEMORANDUM To: cc.: Planning Division Staff, Committee Co- ordinator Committee of Adjustment Members From: Andria Leigh, Director of R.M. File #: Development Services Date: March 3, 2011 Roll #: Subject: Site Inspections for Committee of Adjustment Applications Council at their meeting of February 2, 2011 evaluated the merit in the members conducting site inspections. At that meeting the following resolution was adopted: "Be it resolved 1. That the verbal information presented by Andria Leigh, Director of Development Services, re: Committee of Adjustment Site Inspections be received. 2. That the Committee of Adjustment member who undertake site visits shall do so on their own accord, without remuneration, with the exception of mileage. 3. That the Committee of Adjustment members who wish to undertake a site visit must contact the applicant directly to obtain permission to enter the property at a mutually convenient time. 4. And that the Clerk bring forward the appropriate amendment to the Township's Remuneration By -law." Committee members should be advised however that site visits continue to be discouraged due to the personal liability to the member attending the site related to personal injury or property damage. In addition, not all proposed applications would necessitate the requirement for a viewing of the property. When a member has determined there is merit in attending a site; the member is required to contact the applicant directly to obtain permission to attend the site at a time that is convenient to the applicant. As a reminder members are not permitted to attend the site as a group as this would constitute a meeting of the Committee under the procedural by -laws. On this basis, it would require: (1) the site visit to be open for anyone to attend, (2) notification to be provided to all who received notice of the hearing of the date and time of the scheduled site visit, and (3) minutes to be recorded as a public record of the site visit. In summary, a member is permitted to individually attend a site should they determine such is warranted, but is reminded to contact the applicant to schedule such a visit. Regards, --e Andria Leigh, MCIP, RPP Director, Development Services Proud Heritage, Exciting Future Page 111 of 115 6c) - Correspondence dated February 15, 20... COUNTY OF SIMCOE PLD- 003 -001 February 15, 2011 Steven Farquharson Township of Oro - Medonte Committee of Adjustment 148 Line 7 South, P.O. Box 100 Oro Station, ON LOL 2X0 County of Simcoe Main Line (705) 726 -9300 Planning Toll Free 1- 866 - 893 -9300 1110 Highway 26, Fax (705) 727 -4276 Midhurst, Ontario LOL 1X0 simcoe.ca RE: County Role in the Committee of Adjustment Process Dear Secretary- Treasurer and Committee Members, With a New Year upon us and new Councils and Committees established, County planning staff would like to take this opportunity to share the role of Simcoe County in the Committee of Adjustment process. Ontario Regulation 197/96 for Consent Applications under the Planning Act, Section 3.(9)2. states "Notice shall be given, by personal service, ordinary mail or fax, to the clerk of every upper -tier municipality in which the subject land is located ". And Ontario Regulation 200/96 for Minor Variance Applications under the Planning Act, Section 3.(9) 2. states "Notice of a hearing on an application for a minor variance or permission under subsection 45 (5) of the Act shall be given by personal service, prepaid first class mail or telephone transmission of a facsimile of the notice to the clerk of every county and every regional or district municipality having jurisdiction in the area to which the application applies ". As a result of the prescribed circulation of notices, the County is granted the opportunity to participate as a commenting agency. The objectives and policies of the County of Simcoe Official Plan are provided to the Secretary- Treasurer of municipal Committee of Adjustments in order to identify County interests. County planning staff comment on development applications that may have impact or potential impact on the following County interests such as: • County Roads, • County Waste Disposal Sites (both active and inactive sites), • County Forests, • County Greenlands, • County of Simcoe Official Plan conformity, and • Conformity with other applicable Provincial policies where applicable, such as: • Provincial Policy Statement, • Growth Plan for the Greater Golden Horseshoe, • Greenbelt Plan, • Niagara Escarpment Plan • Minimum Distance Separation (MDS) Implementation Guidelines • Lake Simcoe Protection Plan • Oak Ridges Conservation Plan Page 112 of 115 6c) - Correspondence dated February 15, 20... County Roads • County road widening, issuance of entrance permits and setback issues are important in order to preserve the County Road network for its primary function as safe arterial transportation corridors. For these reasons, if development is proposed on a County Road — outside of a settlement area, the following County of Simcoe Official Plan policy 4.8.2.5 would apply: "New entrances to County Roads for individual residential lots created after June 30, 1996 are not permitted except in accordance with the County of Simcoe by -law regulating access to County Roads and any applicable local municipal official plan ". • If the proposed consent application abuts a County Road, the County will require, where deficient, the dedication of land in order to achieve County Road right of way widths identified in the County of Simcoe Official Plan Schedule 5.5, as per County Official Plan policy 4.8.2.3. The County of Simcoe requests planned road widening pursuant to section 53(12) of the Planning Act and such land will form part of the highway to the extent of the designated widening in accordance with section 31(6) of the Municipal Act, 2001. • Recently a revised dedication process regarding the requested road widening condition has been implemented. The County no longer requires that the applicant use the County Solicitor for the preparation and registration of land transfer documents associated with the transfer of a road widening as a condition of consent approval. To simplify the conveyance of the requested road widening, the applicant may use any solicitor they wish. The submission of registered deeds requires title insurance or legal certification of title, and the responsibility for the preparation of the survey indicating lands to be transferred to the County remains that of the applicant. Waste Disposal Sites • County landfill issues, such as development within approximately 500 metre assessment areas associated with active and inactive waste disposal sites, are addressed in order to provide for health and safety, compatibility concerns, and no adverse effects. The means utilized to determine no adverse effects, as a result of development in proximity to waste disposal sites, is the implementation of the Ministry of the Environment's Guideline D -4 Study. A D -4 Study is a report completed by a qualified professional (eg. P.Eng) in order to determine if there will be any impacts to persons and /or property due to a waste disposal site within the predetermined assessment area of an operating or non - operating waste disposal site. The study is to be completed based on the provincial guidelines and is at the expense of the applicant. The Study is submitted to the satisfaction of the appropriate D -4 approval authority. The County is the approval authority for County owned sites, and for Committee of Adjustment applications, local municipalities are the approval authority for private sites. County Forests • The Simcoe County Forest is the largest (approximately 12, 550 hectares), and one of the most productive municipal forests in Ontario. County forest issues are not common, however it is important to ensure the functions of the County forests as both a recreation and harvesting area are recognized adjacent to proposed development. Page 113 of 115 6c) - Correspondence dated February 15, 20... County Greenlands • County Greenlands are a designation in the County Official Plan. The Greenlands designation's objective is to protect the features and functions of natural heritage systems for sustained and future use. Generally, the Greenlands designation includes significant natural heritage features, and associated adjacent areas which often have a supporting role in the natural heritage function. • Environmental impact statements /studies (EIS) are used to identify natural heritage features and functions in addition to determining if there would be negative impact as a result of development. An EIS is often requested by County staff when considering development applications within or adjacent to the County Greenlands designation. An EIS is a report conducted by a qualified professional, at the applicant's expense, to assist in the recommendation of the suitability, and impending mitigation measures of a proposed development or site alteration. County Official Plan ■ County Official Plan conformity is also an important consideration. Legislated in the Planning Act, section 27. (1) states `The council of a lower -tier municipality shall amend every official plan and every by -law passed under section 34, or a predecessor of it, to conform with a plan that comes into effect as the official plan of the upper -tier municipality', and section 4.11.3 of the County Official Plan states "where there is a conflict between the policies of this Plan and the local Official Plan, this Plan shall prevail to the extent of the conflict ". In addition, section 4.11.4 states the more restrictive provision (between the local and County Official Plan) shall prevail. Therefore the County reviews Committee of Adjustment applications in order to provide consistent interpretation of County Official Plan policies particularly in the circumstance where a local Official Plan was approved prior to the County of Simcoe Official Plan. Policy considerations such as lot size in both the Rural and Agricultural designations and location of the proposed lots are occasional comments provided to the Secretary- Treasurer from County planning staff. Provincial Plans • Section 5 of the Planning Act also legislates that "a decision of the council of a municipality, a local board, a planning board, a minister of the Crown and a ministry, board, commission or agency of the government, including the Municipal Board, in respect of the exercise of any authority that affects a planning matter, (a) shall be consistent with the policy statements issued under subsection (1) that are in effect on the date of the decision; and (b) shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be ". Therefore as per the Memorandum of Understanding between the Province of Ontario and the County of Simcoe, in which it is agreed that it is the intent of the County to ensure that provincial land use policy interests are reflected in municipal decisions (Planning Act applications), County planning staff will comment on applications that appear to not be consistent or conform with provincial policy. Policy considerations such as the restriction of lot creation in an Agricultural designation (Provincial Policy Statement) and the restriction of number of lots permitted to be created in a Rural designation (Growth Plan for the Greater Golden Horseshoe) are examples of comments occasionally provided to the Secretary- Treasurer from County planning staff. Page 114 of 115 6c) - Correspondence dated February 15, 20... County planning staff look forward to working with you and recognize your Committee's busy schedule. In consideration of the above, we would be happy to attend a committee meeting to answer any questions you may have. Sincerely, The Corp Rachelle Hamelin Planner II tion of the County of Simcoe cc. Mark Aitken, CAO Rick Newlove, General Manager of Engineering, Planning and Environment Bryan MacKell, Director of Planning, Development and Tourism Bruce Hoppe, Manager of Development Planning Doug Irwin, Clerk, Township of Oro - Medonte Page 115 of 115