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03 17 2011 C of A MinutesTHE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Thursday, March 17, 2011 Present: Larry Tupling, Chair Allan Johnson Bruce Chappell Roy Hastings Scott Macpherson 10:27 a.m. Staff present: Steven Farquharson, Secretary Treasurer /Intermediate Planner Alan Wiebe, Planner Marie Brissette, Deputy Secretary Treasurer /Committee Coordinator 1. OPENING OF MEETING: Steven Farquharson, Intermediate Planner, called the meeting to order a) Appointment of Chair. Motion No. CA1 1 031 7 -01 Moved by Chappell, Seconded by Macpherson It is recommended that Larry Tupling be appointed as Chair of the Committee of Adjustment for 2011. Carried. b) Appointment of Vice Chair. Motion No. CA1 1 031 7 -02 Moved by Chappell, Seconded by Hastings It is recommended that Scott MacPherson be appointed as Vice Chair for the Committee of Adjustment for 2011. Carried. Page 1 of 8 Committee of Adjustment Minutes — March 17, 2011 c) Appointment of Secretary- Treasurer. Motion No. CA1 1 031 7 -03 Moved by Chappell, Seconded by Macpherson It is recommended that Steven Farquharson be appointed as Secretary- Treasurer for the Committee of Adjustment. Carried. d) Appointment of Deputy Secretary- Treasurer. Motion No. CA110317 -04 Moved by Macpherson, Seconded by Johnson It is recommended that Marie Brissette be appointed as Deputy Secretary- Treasurer for the Committee of Adjustment. Carried. Larry Tupling assumed the Chair. 2. ADOPTION OF THE AGENDA: a) Motion to Adopt the Agenda. Motion No. CA110317 -05 Moved by Macpherson, Seconded by Chappell It is recommended that the agenda for the Committee of Adjustment meeting of Thursday, March 17, 2011 be received and adopted. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. 4. ADOPTION OF MINUTES: None. Page 2 of 8 Committee of Adjustment Minutes — March 17, 2011 5. PUBLIC MEETINGS: a) 2011 -B -01 - Granite Hill Forestry Block B, Plan 1650, and Block C, Plan M29 Permit a lot addition /boundary adjustment. John Quick, applicant, and Jennifer Peschutter were present. Motion No. CA110317 -06 Moved by Chappell, Seconded by Macpherson It is recommended that the Committee of Adjustment grants provisional approval for Consent Application 2011 -B -01, being 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 and a depth of approximately 60 metres and an area of approximately 0.09 hectares. The subject lands are proposed to be added to the adjacent lands to the south (29 Slalom Drive), subject to the following conditions: 1. That three copies of a Registered Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor 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. And That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 3 of 8 Committee of Adjustment Minutes — March 17, 2011 b) 2011 -A -01 - Duane Wright and Janice Lefaive 103 Blueberry Marsh Road Relief from minimum front yard, maximum height and maximum floor area. Duane Wright, applicant, was present. Motion No. CA110317 -07 Moved by Macpherson, Seconded by Hastings It is recommended that the Committee of Adjustment defers Variance Application 2011 -A -01 to allow for the measurements to be adjusted. Carried. c) 2011 -A -02 -Dr. Gerry Arbus 797 Woodland Drive Relief from setback from a water course. Dr. Gerarld Arbus, applicant, and Steve Hass, agent, were present. Motion No. CA110317 -08 Moved by Chappell, Seconded by Hastings It is recommended that the Committee of Adjustment defers Variance Application 2011 -A- 02, 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. Carried. Page 4 of 8 Committee of Adjustment Minutes — March 17, 2011 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. Timothy Hilliard, applicant, and Denis Johnson, builder, were present. Motion No. CA110317 -09 Moved by Macpherson, Seconded by Hastings It is recommended that the Committee of Adjustment approves Variance Application 2011 - A-03, being to permit the construction of an addition to the existing building on the subject property, located as near as approximately 0.97 metres from the interior side lot line to the west, occupying approximately an additional 62.4 square metres of floor area, and approximately an additional volume of 285.4 cubic metres, subject to the following conditions: 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 west 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. And That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 5 of 8 Committee of Adjustment Minutes — March 17, 2011 e) 2011 -A -04 - Catherine Bass 2675 Lakeshore Road East Relief from minimum Interior side yard setback. Catherine Bass, applicant, and James Worrall, engineer, were present. Eileen and Al Schwartz, neighbours, reviewed the correspondence submitted to the Committee. The Committee received correspondence dated March 10, 2011 from Douglas and Kimberley Campbell. Motion No. CA110317 -10 Moved by Chappell, Seconded by Macpherson It is recommended that the Committee of Adjustment approves Variance Application 2011 - A-04, to permit the construction of a dwelling to be located approximately 1.2 metres from the interior side lot line, subject to the following conditions: 1. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 2. That 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 approvals, if required, from the Lake Simcoe Region Conservation Authority. 4. And 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. Carried. Page 6 of 8 Committee of Adjustment Minutes — March 17, 2011 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. Motion No. CA1 1 031 7 -1 1 Moved by Chappell, Seconded by Macpherson It is recommended that the Committee of Adjustment receives By -Law No. 2011 -013, being a By -law to Govern the Proceedings of the Committee of Adjustment in the Township of Oro - Medonte. Carried. b) Memorandum dated March 3, 2011 from Andria Leigh, Director of Development Services, re: Site Inspections for Committee of Adjustment Applications. Motion No. CA110317 -12 Moved by Macpherson, Seconded by Hastings It is recommended that the Committee of Adjustment receives Memorandum dated March 3, 2011 from Andria Leigh, Director of Development Services, re: Site Inspections for Committee of Adjustment Applications. Carried. c) Correspondence dated February 15, 2011 from Rachelle Hamelin, Planner II, County of Simcoe, re: County Role in the Committee of Adjustment Process. Motion No. CA1 1 031 7 -1 3 Moved by Chappell, Seconded by Macpherson It is recommended that the Committee of Adjustment receives the correspondence dated February 15, 2011 from Rachelle Hamelin, Planner II, County of Simcoe, re: County Role in the Committee of Adjustment Process. Carried. 7. NOTICE OF MOTION: None. Page 7 of 8 Committee of Adjustment Minutes - March 17, 2011 8. NEXT MEETING DATE: Thursday, April 21, 2011 at 10:00 a.m. 9. ADJOURNMENT: a) Motion to Adjourn. Motion No. CA110317 -14 Moved by Chappell, Seconded by Macpherson It is recommended that we do now adjourn at 12:55 p.m. Lar plin , Chair Carried. Steven arson, Secretary Treasurer Page 8 of 8