05 19 2011 CofA Agenda�4
Township of
Proud Heritage, Exciting Future
Page
THE TOWNSHIP OF ORO- MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING AGENDA
COUNCIL CHAMBERS
Thursday, May 19, 2011
10:00 a.m.
Page 1 of 129
1.
OPENING OF MEETING:
2.
ADOPTION OF THE AGENDA:
a)
Motion to Adopt the Agenda
3.
DISCLOSURE OF PECUNIARY INTEREST:
4.
ADOPTION OF MINUTES:
3 -13
a)
Minutes of the Committee of Adjustment meeting held on April 21, 2011.
5.
PUBLIC MEETINGS:
14 -28
a)
2011 -B -07 - 1588521 Ontario Ltd.
2329 Highway 11, Concession 5, East Part Lot 21, RP 51 R10063, Part 1
Creation of a new residential lot by way of severance to separate an existing
single detached dwelling from a commercial operation occupying the same
property.
29 -40
b)
2011 -B -02 - Douglas and Catherine Shelswell
2278 15/16 Sideroad East, West Half of Lot 15, Concession 14
Boundary adjustment/lot addition.
41 -62
c)
2011 -B -08 - Helen Perry
556 Line 11 North, Concession 11, East Part Lot 17
Boundary adjustment/lot addition.
63 -76
d)
2011 -B -09 - William and Loretta Crawford
432 Line 7 South, Concession 7, Lot 23 (Former Township of Oro)
Technical severance to create a lot which once existed as a separate parcel of
land.
77 -95
e)
2011 -A -10 - Mary Love
Concession 7, Part Lot 3, RP 51 R19805, Part 1
Reduction in the minimum required setback from the boundary of
Environmental Protection (EP) Zone.
96 -110
f)
2011 -A -11 - Todd and Natalie Hiles
25 Alpine Drive, Plan M -29, Lot 105
Relief from maximum height, maximum floor area and maximum lot coverage.
111 -129
g)
2011 -A -12 - Frank Say
187 Shorline Drive, Concession 14, West Part Lot 21
Page 1 of 129
Page
Committee of Adjustment Agenda - Thursday, May 19, 2011
5. PUBLIC MEETINGS:
Relief from minimum required front yard and change in floor area or volume in
a required yard, of a non - complying building or structure.
6. NEW BUSINESS:
a) Steven Farquharson, Secretary- Treasurer, re: April 2011 OACA Newsletter [to
be distributed at the meeting].
7. NOTICE OF MOTION:
8. NEXT MEETING DATE:
Thursday, June 16, 2011
9. ADJOURNMENT:
a) Motion to Adjourn
Page 2 of 129
Tc�uvufrip ���, ,
P+��ral !!er rl.rtr, !a� ifi+rt Fer7rrrr
Thursday, April 21, 2011
Present:
Staff present
Larry Tupling, Chair
Bruce Chappell
Scott Macpherson
4a) - Minutes of the Committee of Adjustme...
THE TOWNSHIP OF ORO- MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING MINUTES
Council Chambers
Allan Johnson
Roy Hastings
Time: 10:01 a.m.
Steven Farquharson, Secretary Treasurer /Intermediate Planner
Alan Wiebe, Planner
Marie Brissette, Deputy Secretary Treasurer /Committee Coordinator
1. OPENING OF MEETING:
Larry Tupling assumed the Chair and called the meeting to order.
2. ADOPTION OF THE AGENDA:
a) Motion to adopt the agenda.
Motion No. CA110421 -1
Moved by Macpherson, Seconded by Hastings
It is recommended that the agenda for the Committee of Adjustment meeting of Thursday,
April 21, 2011 be received and adopted.
Carried.
3. DISCLOSURE OF PECUNIARY INTEREST:
None declared.
Page 1 of 11
Page 3 of 129
4a) - Minutes of the Committee of Adjustme...
Committee of Adjustment Minutes —April 21, 2011
4. ADOPTION OF MINUTES:
a) Minutes of Committee of Adjustment meeting held on March 17, 2011.
Motion No. CA110421 -2
Moved by Macpherson, Seconded by Johnson
It is recommended that the minutes of the Committee of Adjustment meeting of Thursday,
March 17, 2011 be adopted as amended to add under
5e) 2011 -A -04 - Catherine Bass "The Committee received correspondence dated March 10,
2011 from Douglas and Kimberley Campbell."
Carried.
5. PUBLIC MEETINGS:
a) 2011-B-02- Douglas and Catherine Shelswell
West Half of Lot 15, Concession 14, Part 1, Plan 51R-37806
Transpose an existing lot, located at West Half of Lot 15 Concession 14, Part 1 on Plan
51 R- 37806, to a location immediate north -west of 2278 15/16 Sideroad East.
No one was present.
Motion No. CA110421 -3
Moved by Macpherson, Seconded by Johnson
It is recommended that the Committee of Adjustment defers Consent Application 2011 -B -02,
for proper notice to be given in accordance with the Planning Act.
Carried.
Page 2of11
Page 4 of 129
4a) - Minutes of the Committee of Adjustme...
Committee of Adjustment Minutes —April 21, 2011
b) 2011 -B -04 -Wayne and Catherine Blakely
387 Ingram Road, North - East' /4 of Lot 8, Concession 7
Permit the creation of a new agricultural lot by way of severance for a proposed
equestrian facility.
Catherine Blakely, applicant, was present.
Bob Yard questioned if the zoning would allow for a residential home to be built.
Andrew Yorke noted concerns over the area becoming urban rather than rural.
Kathryn Peet reiterated Mr. Yorke's comments and read out correspondence from Larry and
Vicky Douglas.
Murielle Stint, interested purchaser of land, reviewed her plans for a home and paddocks for
the property.
Mark Lamoureux noted his objection to the application.
Motion No. CA110421 -4
Moved by Chappell, Seconded by Hastings
It is recommended that the Committee of Adjustment grants provisional approval for
Consent Application 2011 -B -04, being to permit the creation of a lot with an average depth
of 214 metres, and frontage along Ingram Road of 201 metres, and a lot area of 4.0
hectares, subject to the following conditions:
1. That three copies of a Registered Reference Plan of the subject lands prepared by an
Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer;
2. That the maximum total lot area for the severed lot be no greater than approximately 4.0
hectares;
3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for
the parcel severed, for review by the Municipality;
4. That the applicant pay $2,000.00 for the lot created as cash -in -lieu of a parkland
contribution;
5. That all municipal taxes be paid to the Township of Oro - Medonte;
6. And That the conditions of consent imposed by the Committee be fulfilled within one year
from the date of the giving of the notice.
Carried.
Page 3 of 11
Page 5 of 129
4a) - Minutes of the Committee of Adjustme...
Committee of Adjustment Minutes —April 21, 2011
c) 2011-B-05- George and Edna Caldwell
Lot 21, Concession 3 (Former Township of Oro)
Permit a lot addition /boundary adjustment.
Klaus Jacoby, solicitor, and Jim Blackstock, interested purchaser, were present
Motion No. CA110421 -5
Moved by Macpherson, Seconded by Chappell
It is recommended that the Committee of Adjustment grants provisional approval for
Consent Application 2011 -B -05, being to permit a lot addition /boundary adjustment, for the
conveyance of approximately 0.5 hectares with frontage of approximately 36 metres along
Line 3 South and a depth of approximately 112 metres, subject to the following conditions:
1. That three copies of a Registered Reference Plan for the subject land indicating the
severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary -
Treasurer;
2. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for
the parcel severed, for review by the Municipality;
3. That the applicant's solicitor provides an undertaking that the severed lands and the
lands to be enhanced will merge in title;
4. And That the conditions of consent imposed by the Committee be fulfilled within one year
from the date of the giving of the notice.
Carried.
Page 4 of 11
Page 6 of 129
4a) - Minutes of the Committee of Adjustme...
Committee of Adjustment Minutes —April 21, 2011
d) 2011 -B -06 -Alexander and Ronald Mollison, Joanne Babiy
54 and 56 Stanley Avenue, Plan 626, Lots 227, 228 and 229
Permit the creation of a new residential lot by way of severance in conjunction with
Variance Applications 2011 -A -08 and 2011 -A -09.
2011 -A -08 and 2011 -A -09 - Alexander and Ronald Mollison, Joanne Babiy
54 and 56 Stanley Avenue, Plan 626, Lots 227, 228 and 229
Relief from the minimum lot area and lot frontage requirements for the creation of a new
residential lot and the retained lands in conjunction with Consent Application 2011 -B -06.
No one was present.
Motion No. CA110421 -6
Moved by Macpherson, Seconded by Chappell
It is recommended that the Committee of Adjustment
1. Defers Consent Application 2011 -B -06, at the requested that the applicant in order to
provide additional material to be submitted to the Township for review and approval of
the Chief Building Official.
2. Defers Variance Application 2011 -A -08, for relief from the minimum required lot frontage
and lot area provisions of Zoning By -law 97 -95 for the proposed severed lands, subject
to additional appropriate material submitted to the satisfaction of the Chief Building
Official.
3. Defers Variance Application 2011 -A -09, for relief from the minimum required lot frontage
and lot area provisions of Zoning By -law 97 -95 for the proposed retained lands, subject
to additional appropriate material submitted to the satisfaction of the Chief Building
Official.
Carried.
Page 5 of 11
Page 7 of 129
4a) - Minutes of the Committee of Adjustme...
Committee of Adjustment Minutes —April 21, 2011
e) 2011 -A -01 (Revised) - Duane Wright and Janice Lefaive
103 Blueberry Marsh Road, Concession 2, East Part Lot 65
Relief from Minimum front yard, Maximum height and Maximum floor area
Duane Wright, applicant, was present.
Motion No. CA110421 -7
Moved by Macpherson, Seconded by Johnson
It is recommended that the Committee of Adjustment approves Variance Application 2011 -
A-01 (Revised), specifically, to permit the construction of a detached accessory building
occupying a total area of approximately 125 square metres (1,344 square feet), with a
height of 5.2 metres (17.1 feet) on the subject property, subject to the following conditions:
1. That, notwithstanding Sections 5.1.4 and 5.1.6 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;
2. That an Ontario Land Surveyor provide verification to the Township of compliance with
the Committee's decision by verifying, in writing, that the detached accessory building
not exceed approximately:
a. 5.2 metres in height above grade; and
b. 125 square metres in floor area;
3. That the applicant obtain any permits and /or approvals, if required, from Nottawasaga
Valley Conservation Authority;
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 6 of 11
Page 8 of 129
4a) - Minutes of the Committee of Adjustme...
Committee of Adjustment Minutes —April 21, 2011
f) 2011 -A -02 (Revised) -Dr. Gerry Arbus
797 Woodland Drive, Plan 1329, Lot 7 (Former Orillia)
Relief from Setback from Water Courses.
Dr. Gerard Arbus, applicant, was present.
Motion No. CA110421 -8
Moved by Macpherson, Seconded by Chappell
It is recommended that the Committee of Adjustment approves Variance Application 2011 -
A-02 (Revised), specifically, for the construction of a new dwelling and detached private
garage as near as 6.0 metres from the top of bank of the watercourse, subject to the
following conditions:
1. That the size and setbacks of the proposed dwelling be in conformity with the sketches
submitted with the application and approved by the Committee;
2. That an Ontario Land Surveyor provide verification to the Township of compliance with
the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to
pouring of the foundation so that:
i. The dwelling be located no closer than 6.0 metres the top of bank of the watercourse;
ii. The proposed private garage be located no closer than 6.0 metres from the top of
bank of the watercourse;
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;
4. And That the applicant obtain approvals, if required, from the Lake Simcoe Region
Conservation Authority.
Carried.
Page 7 of 11
Page 9 of 129
4a) - Minutes of the Committee of Adjustme...
Committee of Adjustment Minutes —April 21, 2011
g) 2011 -A -05 -Skyline Horseshoe Valley Inc.
East Half of Lot 2, Concession 3
Relief from Permitted Uses in the Private Recreation (PR) Zone, which do not identify
Paintball as a permitted use.
No one was present.
Motion No. CA110421 -9
Moved by Macpherson, Seconded by Chappell
It is recommended that the Committee of Adjustment defers Variance Application 2011 -A-
05, being for relief from Table A5 of Zoning By -law 97 -95 "Permitted Uses" in the Private
Recreation (PR) Zone, subject to the completion of an Environmental Impact Study (EIS),
and its submission and review by Township and Nottawasaga Valley Conservation Authority
staff.
Carried.
h) 2011 -A -06 - Paul H. Martin
993 Lakeshore Road East, Plan 863, Lot 7
Relief from Setback to front lot line, Setback to interior side lot line and Setback to
Environmental Protection.
Paul and Betty Martin, applicants, were present.
Motion No. CA1 1 0421 -1 0
Moved by Macpherson, Seconded by Chappell
It is recommended that the Committee of Adjustment approves Variance Application 2011 -
A-06, for relief from the minimum required setbacks for a detached private garage from the
front and interior side lot lines, and to the boundary of the Environmental Protection (EP)
Zone, subject to the following conditions:
1. That an Ontario Land Surveyor provide verification to the Township of compliance with
the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to
pouring of the foundation by way of survey /real property report that the detached private
garage be no closer than approximately 1.5 metre from the front lot line, 1.5 metre from
the east interior side lot line and approximately 23 metres from the Environmental
Protection (EP) Zone;
2. That a tree planting plan be submitted and approved by the Township with the
associated securities to ensure that replacement of the vegetative buffer can occur;
3. 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 8 of 11
Page 10 of 129
4a) - Minutes of the Committee of Adjustme...
Committee of Adjustment Minutes —April 21, 2011
i) 2011 -A -07 - Don Bick
131 Robinson Street, Plan 653, Lot 24 Part Lot 25
Relief from Maximum height, Maximum floor area and Setback from Water Courses
Don Bick, applicant, was present.
Motion No. CA1 10421 -1 1
Moved by Macpherson , Seconded by Hastings
It is recommended that the Committee of Adjustment approves Variance Application 2011 -
A-07, specifically, for the construction of a detached private garage with a floor area of
approximately 145.7 sq. metres and a maximum height of 5.3 metres and as near as 9.14
metres from the top of back of the watercourse, subject to the following conditions:
1. That notwithstanding Section 5.1.6 and 5.1.4 of Zoning By -law 97 -95, the structure shall
otherwise comply with all other provisions for private garage, as required under Section 5
of the Zoning By -law;
2. That the maximum floor area of the detached private garage not exceed approximately
145.7 square metres;
3. That the setbacks be in conformity with the dimensions as set out in the application and
on the sketch submitted with the application and approved by the Committee;
4. That an Ontario Land Surveyor provide verification to the Township of compliance with
the Committee's decision by verifying in writing that:
a. The maximum ground floor area of the detached private garage not exceed
approximately 91.7 square metres;
b. The private garage be no closer than 9.14 metres from the top of bank of the
watercourse to the south.
c. The maximum height of the detached private garage not exceed approximately 5.3
metres;
5. That the applicant applies for and obtains any permits /approvals from the Lake Simcoe
Region Conservation Authority;
6. And That the appropriate zoning certificate and building permit be obtained from the
Township only after the Committee's decision becomes final and binding, as provided for
within the Planning Act R.S.O. 1990, c.P. 13.
Carried.
Page 9of11
Page 11 of 129
4a) - Minutes of the Committee of Adjustme...
Committee of Adjustment Minutes —April 21, 2011
6. NEW BUSINESS:
a) 2011 Ontario Association of Committee of Adjustment and Consent Authorities
Conference, May 29 - June 1, 2011, Quality Hotels & Suites & Convention Centre,
Woodstock.
Motion No. CA1 1 0421 -1 2
Moved by Johnson, Seconded by Chappell
It is recommended that the correspondence, re: 2011 Ontario Association of Committee of
Adjustment and Consent Authorities Conference, May 29 - June 1, 2011, Quality Hotels &
Suites & Convention Centre, Woodstock be received.
And That the Committee of Adjustment requests from the Council of the Township of Oro -
Medonte for Larry Tupling and Scott Macpherson to attend the 2011 Ontario Association of
Committee of Adjustment and Consent Authorities Conference, May 29 - June 1, 2011,
Quality Hotels & Suites & Convention Centre, Woodstock.
Carried.
b) OMB Appeal - 2011 -A -04 -Catherine Bass
2675 Lakeshore Road East
Relief from minimum interior side yard setback
Steve Farquharson informed the Committee of the pending OMB Appeal and provided them
with an overview of an OMB Appeal process.
Motion No. CA1 1 0421 -1 3
Moved by Macpherson, Seconded by Hastings
It is recommended that the verbal information presented by Steven Farquharson, Secretary
Treasurer, re: OMB Appeal - 2011 -A -04 - Catherine Bass
2675 Lakeshore Road East, Relief from minimum interior side yard setback be received.
Carried.
Page 10 of 11
Page 12 of 129
4a) - Minutes of the Committee of Adjustme...
Committee of Adjustment Minutes — April 21, 2011
7. NOTICE OF MOTION:
8. NEXT MEETING DATE:
Thursday, May 19, 2011 at 10:00 a.m.
9. ADJOURNMENT:
a) Motion to adjourn.
Motion No. CA110421 -14
Moved by Chappell, Seconded by Johnson
It is recommended that we do now adjourn at 12:53 p.m.
Carried.
Larry Tupling, Chair Steven Farquharson, Secretary Treasurer
Page 11 of 11
Page 13 of 129
5a) - 2011 -B -07 - 1588521 Ontario Ltd.
2329...
�__w� TOWNSHIP OF ORO- MEDONTE
OfT� j������� REPORT
Application No:
2011 -B -07
To: Committee of Adjustment
Prepared By:
Alan Wiebe, Planner
Meeting Date:
Subject: Consent Application
Motion #
May 19, 2011
1588521 Ontario Ltd.
2329 Highway 11
Concession 5, East Part Lot 21, RP
Roll #:
R.M.S. File #:
4346- 010 - 008 -11400
51 R10063, Part 1
D10-
(Former Township of Medonte),
REQUIRED CONDITIONS:
BACKGROUND:
The purpose of Consent application 2011 -B -07 is to permit the creation of a new residential lot by
way of severance, to separate an existing single detached dwelling from a commercial operation
occupying the same property. The existing lot has approximately 155.3 metres (509.5 feet) of
frontage along Highway 11, an average depth of approximately 175.72 metres (576.5 feet), and
occupy an area of approximately 2.768 hectares (6.84 acres). Further, the existing lot has portions of
land in multiple zones, the General Commercial (GC) Zone, along Highway 11, and the
Agricultural /Rural (A/RU) Zone, for the southern -most portion.
ANALYSIS:
The purpose of application 2011 -B -07 is to permit the creation of a new lot. The lands proposed to be
severed currently contain a dwelling and two detached accessory buildings, would have
approximately 89.8 metres (294.6 feet) of frontage along Highway 11, variable depth ranging between
55.4 metres (181.76 feet) and 76.9 metres (252.29 feet), and a lot area of approximately 0.6 hectares
(1.48 acres). The lands proposed to be retained currently contain a commercial building and two
detached accessory buildings, would have approximately 65.5 metres (214.9 feet) frontage along
Highway 11, a depth of up to 175.931 metres (577.2 feet), and a lot area of 2.168 hectares (5.36
acres).
FINANCIAL:
Not applicable.
Development Services Meeting Date May 19, 2011
Application No. 2011 -13-07 Page 1 of 6
Page 14 of 129
5a) - 2011 -B -07 - 1588521 Ontario Ltd.
2329...
POLICIES /LEGISLATION:
Township Official Plan
The subject property is designated Rural Settlement Area in the Township's Official Plan.
Zoning By -Law
The subject property is zoned General Commercial (GC) Zone and Agricultural /Rural (A/RU) Zone in
the Township's Zoning By -law.
CONSULTATIONS:
Public Works Department -
Building Department -
Engineering Department -
Lake Simcoe Region Conservation Authority -
Ministry of Transportation -
ATTACHMENTS:
Schedule #1- Location Map
Schedule 92- Context Map
Schedule #3- Plan of Survey Extract
Schedule #4- Plan of Survey Extract (Annotated)
CONCLUSION:
It is the opinion of the Planning Department that Consent application 2011 -B -07 be deferred until
such time as comments are received from the Ministry of Transportation and the Lake Simcoe Region
Conservation Authority.
Respectfully submitted: Reviewed by:
C
Alan Wiebe Glenn White, MCIP RPP
Planner Manager, Planning Services
Development Services Meeting Date May 19, 2011
Application No. 2011 -B -07 Page 2 of 6
Page 15 of 129
5a) - 2011 -B -07 - 1588521 Ontario Ltd.
2329...
SCHEDULE 1: LOCATION MAP
2011 -B -07 (1588521 Ontario Ltd.)
11111 Illiltu
n
c�
HIGHWAY 11 N HIGHWAY 11 S
0
SUBJECT PROPERTY
Development Services Meeting Date May 19, 2011
Application No. 2011 -B -07 Page 3 of 6
Page 16 of 129
5a) - 2011 -B -07 - 1588521 Ontario Ltd.
2329...
SCHEDULE 2: CONTEXT MAP
2011 -D -07 (1588521 Ontario Ltd.)
Development Services
Application No. 2011 -8 -07
Meeting Date May 19, 2011
Page 4 of 6
Page 17 of 129
MELVILLE COURT
HIGHWAY 11 5
HIGHWAY 11 N
f :. PROPOSED RETAINED LANDS
- PROPOSED SEVERED LANDS
Development Services
Application No. 2011 -8 -07
Meeting Date May 19, 2011
Page 4 of 6
Page 17 of 129
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5a) - 2011 -B -07 - 1588521 Ontario Ltd.
2329...
SCHEDULE 3: PLAN OF SURVEY EXTRACT
2011 -B -07 (158852 -1 Ontario Ltd.)
i5.0 t11 F. SURVEY
OF PART OF
LOT 21, CONCESSION 5
TOWNSHIP OF ORO
COUNTY .OF SIMCOE
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Development Services
Application No. 2011 -B -07
ONTA
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DATE GI, J.rN aY JOtl ry
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Meeting Date May 19, 2011
Page 5 of 6
Page 18 of 129
5a) - 2011 -B -07 - 1588521 Ontario Ltd.
2329...
SCHEDULE 4: PLAN OF SURVEY EXTRACT (ANNOTATED)
(2011 -5 -07 1588521 Ontario Ltd.)
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Development Services
Application No. 2011 -B -07
Meeting Date May 19, 2011
Page 6 of 6
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Application No. 2011 -B -07
Meeting Date May 19, 2011
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5a) - 2011 -B -07 - 1588521 Ontario Ltd.
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PLAN OF SURVEY
OF PART OF
LOT 21, CONCESSION 5
TOWNSHIP OF ORO
COUNTY OF SIMCOE
. SCALE - 1:2000
PAUL R. KITCHEN, O.L.S.
1980
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THIS PLAN IS REVISED ACCORDING Q
FIELD SURVEY COMPLETED ON THE O
14 th DAY OF JANUARY, 1988.
JANUARY 29, 1988.
D. G. SMITH
ONTARIO LAND SURVEYOR
SURVEYOR'S CERTIFICATE
1 CERTIFY THAT:
1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE
WITH THE SURVEYS ACT AND THE REGISTRY ACT AND THE
REGULATIONS MADE THEREUNDER
2. THE SURVEY WAS COMPLETED ON THE It th DAY OF
DECEMBER, 1980-
Page 21 of 129
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FIELD SURVEY COMPLETED ON THE O
14 th DAY OF JANUARY, 1988.
JANUARY 29, 1988.
D. G. SMITH
ONTARIO LAND SURVEYOR
SURVEYOR'S CERTIFICATE
1 CERTIFY THAT:
1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE
WITH THE SURVEYS ACT AND THE REGISTRY ACT AND THE
REGULATIONS MADE THEREUNDER
2. THE SURVEY WAS COMPLETED ON THE It th DAY OF
DECEMBER, 1980-
Page 21 of 129
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5b) - 2011 -B -02 - Douglas and Catherine Sh...
TOWNSHIP OF ORO- MEDONTE
REPORT
Application No:
2011 -B -02 (Revised)
To: Committee of Adjustment
Prepared By:
Steven Farquharson, B.URPL
Intermediate Planner
Meeting Date:
Subject: Consent Application
Motion #
May 19, 2011
Doug Shelswell and
Catherine Harrigan- Shelswell
Concession 14, West Half Lot 15
Roll #:
R.M.S. File #:
4346 - 010 - 005 -203
(Former Township of Oro),
D10 -41434
REQUIRED CONDITIONS:
The following conditions are required to be imposed on the Committee's decision:
1. That three copies of a Reference Plan for the subject land indicating the severed parcel be
prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer;
2. That the severed lands be merged in title with the enhanced lands, 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.
BACKGROUND:
The purpose of Application for Consent 2011 -B -02 (Revised) is for a boundary adjustment to convey
approximately 21.7 hectares (53 acres) from the subject property, West Part of Lot 15, Concession
14, to the neighbouring agricultural lot to the east. The lands to be conveyed currently contain a
residential dwelling and various agricultural buildings. The proposed retained lot would consist of
approximately 3.7 hectares (9.1 acres), and. No new building lots are proposed to be created as a
result of the proposed boundary adjustment.
Development Services
Application No. 2011- B- 02(Revised)
Meeting Date May 19, 2011
Page 1 of 6
Page 29 of 129
5b) - 2011 -B -02 - Douglas and Catherine Sh...
ANALYSIS:
The purpose of application 2011 -B -02 (Revised) is to permit a lot addition /boundary adjustment. The
subject land being West Part of Lot 15, Concession 14, having a frontage of approximately 415
metres along 15/16 Sideroad East, and a depth of approximately 613 metres and an area of
approximately 21.7 hectares. The subject lands are proposed to be added to the adjacent lands
agricultural lands to the east, resulting in a total area of approximately 41.6 hectares. The retained
lands would have a total lot area of approximately 3.7 hectares. It would appear that the retained lot
size is related to the existing agricultural field and defined by existing hedge rows along its
boundaries. No new building lot is proposed to be created as a result of the lot addition.
FINANCIAL:
Not applicable.
POLICIES /LEGISLATION:
Township Official Plan
The subject lands are designated Agricultural in the Township's Official Plan. Section D2 contains
policies regarding the subdivision of land. Specifically, Section D2.2.2, "Boundary Adjustments ",
provides the following direction for Applications for Consent:
"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 as intended by this Plan. In addition, the
Committee ... shall be satisfied that the boundary adjustment will not affect the viability of the
agricultural parcels affected."
With respect to the subject application, no new building lots are proposed and it is not anticipated that
the proposed boundary adjustment would affect the viability of the agricultural parcel. The lands to be
conveyed currently contain a single detached dwelling with various outbuildings. The retained lands
are currently vacant and the agricultural viability would not appear to be affected by the proposed
boundary adjustment. The resulting lot size of the enhanced lands is proposed to be 41.6 hectares
(102 acres) in size.
As such, the proposed boundary adjustment is generally in keeping with the intent of the policies
stated in the Official Plan, and otherwise conforms with the boundary adjustment policies contained in
Section D.2.2.2.
County Official Plan
Policy 3.3.4 of the County of Simcoe's Official Plan, which applies to several land use designations,
including the Agricultural designation, 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
Development Services Meeting Date May 19, 2011
Application No. 2011- B- 02(Revised) Page 2 of 6
Page 30 of 129
5b) - 2011 -B -02 - Douglas and Catherine Sh...
except as otherwise permitted in this Plan. All lots created shall conform to all applicable municipal
policies and bylaws.
On the basis of the proposal not being for the purpose of creating a new lot, the proposal is
considered to conform with the policy of the County of Simcoe's Official Plan.
Provincial Policy Statement
Section 2.3.4 of the Provincial Policy Statement, 2005, "Lot Creation and Lot Adjustments ", states
that "[lot] creation in prime agricultural areas is discouraged and may only be permitted for: a)
agricultural uses, provided that the lots are of a size appropriate for the type of agricultural use(s)
common in the area and are sufficiently large to maintain flexibility for future changes in the type of
agricultural operations ".
While a new lot is not being created, the proposed boundary adjustment would result in the
enlargement of an existing 20 hectare (49 acre) parcel, to 41.6 hectares (102 acres), and the
reduction of the retained lands to 3.7 hectares (9.1 acres). Therefore, the viability of the resulting
agricultural lands through the proposed conveyance, will be enhanced, and the lands proposed to be
retained will continue to be of a sufficient size to be viable for agricultural purposes in accordance
with the Zoning By -law 97 -95.
On this basis, the proposal is considered to conform with the policies of the Provincial Policy
Statement, 2005.
Zoning By -Law
The subject property is zoned Agricultural /Rural (A /RU) Zone in the Township's Zoning By -Law, as
are the lands to be enhanced. The proposed boundary adjustment would result in the enhanced
lands occupying an area of approximately 41.6 hectares (102 acres), and the retained lands would
occupy an area of approximately 3.7 hectares (9.1 acres). Both the enhanced and the retained lands
would comply with the provisions of the Zoning By -Law related to the minimum required lot frontage
for single detached dwellings on lands in the A/RU Zone, of 45 metres, and related to the minimum lot
sizes for various agricultural uses, of between 2.0 and 4.0 hectares, and single detached dwellings on
lots in the A/RU Zone, of 0.4 hectares.
On this basis, the application is considered to comply with the provisions of the Zoning By -Law.
CONSULTATIONS:
Transportation and Environmental Services -
Building Department- New entrance to be located at North -Side of lot on Line 13 North
Engineering Department —
Countv of Simcoe- Comments Attached
ATTACHMENTS:
Schedule #1- Location Map
Schedule #2- Context Map
Development Services
Application No. 2011- B- 02(Revised)
Meeting Date May 19, 2011
Page 3 of 6
Page 31 of 129
5b) - 2011 -B -02 - Douglas and Catherine Sh...
EECLUSION:
It is the opinion of the Planning Department, that Consent application 2011 -B -02 (Revised), 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:
i
Steve arquharson, B.URPL
Intermediate Planner
Development Services
Application No. 2011- B- 02(Revised)
Reviewed by:
J�ff �_
Glenn White, MCIP RPP
Manager, Planning Services
Meeting Date May 19, 2011
Page 4 of 6
Page 32 of 129
5b) - 2011 -B -02 - Douglas and Catherine Sh...
Page 33 of 129
5b) - 2011 -B -02 - Douglas and Catherine Sh...
SCHEDULE 2: CONTEXT MAP
2011 -B -02- REVISED (SHELSWELL)
Development Services Meeting Date May 19, 2011
Application No. 2011- B- 02(Revised) Page 6 of 6
Page 34 of 129
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Application No. 2011- B- 02(Revised) Page 6 of 6
Page 34 of 129
5b) - 2011 -B -02 - Douglas and Catherine Sh...
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5c) - 2011 -B -08 - Helen Perry
556 Line 11 N...
TOWNSHIP OF ORO- MEDONTE
REPORT
P „� «d Hnir ^gr, E -fling Fnrv,•
Application No:
To: Committee of Adjustment
Prepared By:
2011 -B -08
Alan Wiebe, Planner
Meeting Date:
Subject: Consent Application
Motion #
May 19, 2011
Helen Perry
556 Line 11 North
Concession 11, East Part Lot 17
Roll #:
R.M.S. File #:
4346- 010 -004 -23400
(Former Township of Oro),
D10 -41516
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 be submitted to the Secretary- Treasurer;
2. That the severed lands be merged in title with the property at 544 Line 11 North, "Lands
Proposed to be Enhanced” per Schedule # 2, and that the provisions of Subsection 3 or 5 of
Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving
the subject land;
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; and
5. That the conditions of consent imposed by the Committee be fulfilled within one year from the
date of the giving of the notice.
BACKGROUND:
The purpose of Consent application 2011 -B -08 is to permit a boundary adjustment/lot addition. The
subject property being Concession 11, East Part Lot 17, 556 Line 11 North, having frontages along
Line 11 North of 51.5 metres (169 feet), and 206.97 metres (679 feet), respectively, and a lot area of
approximately 21.3 hectares (52.6 acres).
ANALYSIS:
The purpose of application 2011 -13-08 is to permit a lot addition /boundary adjustment. The lands
proposed to be retained (556 Line 11 North) would have frontage along Line 11 North of 51.5 metres
(169 feet), a lot area of approximately 1.264 hectares (3.12 acres), and currently contain a dwelling.
The lands proposed to be conveyed would have frontage along Line 11 North of 206.97 metres (679
feet), a depth of up to 710 metres (2,329.4 feet), and an area of approximately 20 hectares (49.4
acres). The lands proposed to be enhanced (544 Line 11 North) presently contain a dwelling, and
several additional buildings associated with a business operation. As stated in the application form,
the purpose of this application is to allow for "storage (outsidey', and for "agricultural training', with no
additional "permanent structure[s]" where the "conveyed land to remain primarily agricultural [in] use ".
No new lot is proposed to be created as a result of the proposed boundary adjustment/lot addition.
Development Services Meeting Date May 19, 2011
Application No. 2011 -13-08 Page 1 of 7
Page 41 of 129
5c) - 2011 -B -08 - Helen Perry
556 Line 11 N...
FINANCIAL:
Not applicable.
POLICIES /LEGISLATION:
Township Official Plan
The subject lands are designated Agricultural in the Township's Official Plan. Section C1 of the
Official Plan contains provisions for lands within the Agricultural designation. Section C1.2 of the
Official Plan provides for permitted uses on lands within this designation, stating that the "principle
use of land in the Agricultural designation ... shall be agriculture ", and continues to state that
"agricultural research and training establishments" are also permitted, subject to the provisions of
Section C1.3.7 of the Official Plan, "Agricultural Research and Training Establishments".
Section D2 contains policies regarding the subdivision of land. Specifically, Section D2.2.2,
"Boundary Adjustments ", provides the following direction on applications for Consent:
"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 as intended by this
Plan. In addition, the Committee ... shall be satisfied that the boundary adjustment will not affect
the viability of the agricultural parcels affected."
In the subject application for Consent, no new building lots are proposed, and the proposal consists of
the conveyance of approximately 20 hectares (49.4 acres) from a lot with an area of approximately
21.3 hectare (52.6 acres), to a lot with an area of approximately 1.47 hectares (3.63 acres).
As the proposed boundary adjustment is for the purpose of establishing or expanding an operation
which is identified as a permitted use in the Agricultural designation policies of the Township's Official
Plan and, on this basis, and as the proposal would not be anticipated to have a net impact on the
viability of the agricultural parcels affected (per Section D2.2.2), the proposed boundary adjustment is
considered to generally maintain the intent of the policies of the Township's Official Plan.
Zonina By -Law
The subject property has portions of land zoned Rural Residential Two (RUR2) Zone, and
Agricultural /Rural (A/RU) Zone in the Township's Zoning By -law, and the property proposed to be
enhanced is zoned Rural Industrial (IR) Zone. The proposed boundary adjustment would result in the
retained lands encompassing the entire portion of the subject property zoned RUR2 Zone with
frontage on Line 11 North of 51.511 metres and a depth of approximately 100 metres, in addition to a
portion of land zoned A/RU Zone with a depth of approximately 58 metres located farther from Line
11 North than the RUR2 Zone portion of the lot. The total area of the retained lands would be 1.264
hectares (3.12 acres). With respect to the proposed retained lands, as the RUR2 Zone requires a
minimum lot area of 0.4 hectares, and a minimum lot frontage of 45 metres, the proposed retained
lands would be considered to comply with the provisions of the Zoning By -law.
Development Services Meeting Date May 19, 2011
Application No. 2011 -B -08 Page 2 of 7
Page 42 of 129
5c) - 2011 -B -08 - Helen Perry
556 Line 11 N...
The lands proposed to be enhanced, with the addition of the lands proposed to be conveyed, would
also be considered to comply with the minimum lot area (of 2.0 hectares, for an "Agricultural Use "),
and minimum lot frontage (of 45 metres), having a total lot area of approximately 21.47 hectares
(53.03 acres) and a lot frontage of approximately 253.9 metres (833 feet).
Based on a site inspection of the subject property, and the proposed lands to be enhanced, Planning
staff have observed that situations of compliance, or non - compliance, of existing buildings or
structures do not appear to be subject to change through the proposed boundary adjustment.
On this basis, the application is considered to comply with the provisions of the Zoning By -Law.
County Official Plan
The subject lands are in the Rural designation in the County of Simcoe's Official Plan.
Section 3.3 of the County's Official Plan contains "General Subdivision and Development Policies"
and, specifically, Section 3.3.4 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', and continues to state that "[all] lots created shall conform
to all applicable municipal policies and bylaws."
Section 3.6 of the County's Official Plan contains policies for lands in the Rural and Agricultural
designation; however, this Section does not contain specific policies related to boundary adjustments
for lands within this designation. Therefore, the Planning Department refers specifically to the
policies of Section 3.3 of the County's Official Plan, for the subject proposal.
On the basis that the subject application does not propose the creation of a new lot, and that the
proposal is considered to generally conform to the Official Plan policies of the Township, and to
comply with the provisions of the Township's Zoning By -law, the proposal is considered to conform to
the policies of the County of Simcoe's Official Plan.
Provincial Policy Statement, 2005 (PPS)
Section 2.3.3 of the PPS states that "[in] prime agricultural areas, permitted uses and activities are:
agricultural uses, secondary uses and agriculture - related uses", whereby "agriculture- related uses"
include "farm- related commercial and farm - related industrial uses that are small scale and directly
related to the farm operation and area required in close proximity to the farm operation."
Section 2.3.4 of the PPS, "Lot Creation and Lot Adjustments", states that "[lot] creation in prime
agricultural areas is discouraged and may only be permitted for: a) agricultural uses, provided that the
lots are of a size appropriate for the type of agricultural use(s) common in the area and are sufficiently
large to maintain flexibility for future changes in the type of agricultural operations".
Section 2.3.4.2 of the PPS states that "[lot] adjustments in prime agricultural areas may be permitted
for legal or technical reasons", which the PPS defines as "severances for purposes such as ... minor
boundary adjustments, which do not result in the creation of a new lot."
While no new lot is being created, the proposed boundary adjustment would result in the conveyance
of approximately 20 hectares (49.4 acres) from a 21.3 hectare (52.6 acre) parcel, to a lot with an area
Development Services Meeting Date May 19, 2011
Application No. 2011 -B -08 Page 3 of 7
Page 43 of 129
5c) - 2011 -B -08 - Helen Perry
556 Line 11 N...
of approximately 1.47 hectare (3.63 acre). Further, the applicant has indicated that the proposed
boundary adjustment will primarily result in the maintenance of the existing agricultural use on the
conveyed lands. The viability of the lands to be enhanced through the proposed conveyance, for
agricultural uses and /or agriculture - related uses, will be enhanced, and the lands proposed to be
retained will continue to be used for a residential purpose. Therefore, no net loss is anticipated in the
viability of the lands to be conveyed, for agricultural uses and /or agricultural - related uses, through the
proposed boundary adjustment. On this basis, the proposal is considered to conform to the policies
of the Provincial Policy Statement, 2005.
CONSULTATIONS: 7_71
Public Works Department -
Building Department — Proposal appears to meet minimum standards
Engineering Department — No concerns
Lake Simcoe Region Conservation Authority -
County of Simcoe -
ATTACHMENTS:
Schedule #1- Location Map
Schedule #2- Context Map
Schedule #3- Application Drawing
CONCLUSION:
It is the opinion of the Planning Department, that Consent application 2011 -B -08, for a boundary
adjustment, would appear to conform to the general intent of the Official Plans of the Township and
the County of Simcoe, as well as the Provincial Policy Statement, and maintains the use and setback
provisions of the Zoning By -law.
Respectfully submitted: Reviewed by:
UX�I ( L - -
Alan Wiebe Glenn White, MCIP RPP
Planner Manager, Planning Services
Development Services
Application No. 2011 -B -08
Meeting Date May 19, 2011
Page 4 of 7
Page 44 of 129
5c) - 2011 -B -08 - Helen Perry
556 Line 11 N...
SCHEDULE 1: LOCATION MAP
(2011 -B -08 Helen Perry)
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Development Services Meeting Date May 19, 2011
Application No. 2011 -B -08 Page 5 of 7
Page 45 of 129
5c) - 2011 -B -08 - Helen Perry
556 Line 11 N...
SCHEDULE 2: CONTEXT MAP
(2011 -B -08 Helen Perry)
Development Services
Application No. 2011 -B -08
Meeting Date May 19, 2011
Page 6 of 7
Page 46 of 129
5c) - 2011 -B -08 - Helen Perry
556 Line 11 N...
SCHEDULE 3: APPLICATION DRAWING
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Application No. 2011 -B -08 Page 7 of 7
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May 17, 2011
Attention: Steven Farquharson
Alan Wiebe
Planning Department
Oro Medonte
5c) - 2011 -B -08 - Helen Perry
556 Line 11 N...
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sfarquharsonCa,oro- medonte.ca MAY 1 6 2011
awiebe(a_oro- medonte. ca O RO -M E DONTE
We received a notice of hearing indicating that there is an application for consent, submission No.
2011 -B -08 to take place on May 19a', 2011.
The applicant is Helen Perry Concession 11, East Part Lot 17 556 Line 11 North
We are not able to attend the meeting on May 19th, 2011 in regards to the above Boundary
Adjustment. It appears from the township of Oro Medonte's committee of adjustment report, the
boundary adjustment for the applicant Helen Perry is going to be approved.
We moved to our farm in Oro- Medonte in 1996 and at that time the Morris Shelswell Excavating
Companies shop & yard was approximately 2 -3 acres. The property was used to store and repair
excavating equipment as well as an administration office. The noise level was minimal as workers
met at the shop in the morning and drove company trucks to the job sites. Approximately 5 years
ago Morris Shelswell Excavating purchased an additional 2 -3 acres of agricultural land from Helen
Perry. The Land is being used to store more excavating equipment, and materials. The company is
trucking in soil, stock piling and screening it. They are stock piling stones, culverts and various
excavating materials. The noise level from loaders and screeners processing the imported soil has
increased significantly. The equipment is often running on weekends and after normal business
hours. We fear if they are allowed to expand the existing excavating yard onto agricultural land the
noise will increase and the landscape of the property will deteriorate significantly.
We do not have a concern about the Boundary Adjustment, but would like to know if the township
has a Site Plan Control in place for the existing rural industrial land?
If the township does not have a Site Plan Control in place, is the township going to initiate one to
prohibit any expansion of the excavating company and its operations onto land zoned agricultural?
The application indicates the intention is to use the agricultural land for outdoor storage and no
where in the permitted land uses for agricultural zoning for Oro Medonte official plan does it permit
outdoor storage. We understand that a live stock pasture fence will be moved to allow the
expansion of the contractor's yard to be used for parking and storage of excavating materials and
equipment; this does not comply with agricultural permitted land use.
It is our understanding that it is the townships responsibility to ensure that this property
enhancement complies with the agricultural zoning and land use and protects abutting land owners
from additional noise, importing of material, destruction of the landscape, unsightly storage of
excavating materials and equipment, increased traffic and pollution that will affect the quality of
rural life and the property value of surrounding properties. We would like the township to ensure
that there will be a Site Plan Control initiated and any expansion of the excavating business
complies with the agricultural zoning and land use.
Page 61 of 129
5c) - 2011 -B -08 - Helen Perry
556 Line 11 N...
As stated in the Oro - Medonte official plan the townships objectives are:
■ To maintain and preserve the agricultural resource base of the Township
■ To protect land suitable for agricultural production from development and land uses
unrelated to agriculture.
■ To preserve and promote the agricultural character of the Township and the maintenance of
the open countryside.
We believe that Morris Shelswell Excavating Company's future intentions are to expand their
excavating business onto the lands zoned agricultural and will not comply with the agricultural
zoning bylaws. Expanding their excavating yard to allow for more parking and storage does not
comply with the agricultural zoning bylaws. Craig Shelswell informed us that they are planning to
move a fence in order to expand their yard another 30 feet. This is why we feel so strongly that a
Site Plan Control should be put in place now so that future activities can be regulated.
We do not want to make this a personal issue but would like to see our agricultural land preserved
as stated in the townships official plan.
As a Condition of Consent we would expect the township to Institute a Site Plan Control to
contain the existing excavating yard to its present size and regulate times of operation, importing of
soil, and to include site and noise buffers. A Site Plan Control on the existing rural industrial land
would ensure proper land use of the lot addition/boundary adjustment.
If you have any questions before the meeting takes place please contact Russ' cell 705 -717 -1108.
Regards,
Russ and Diane Thornton
472 Line 11 North RRl
Hawkestone, ON
LOL 1T0
Page 62 of 129
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5d) - 2011 -B -09 - William and Loretta Craw...
TOWNSHIP OF ORO- MEDONTE
REPORT
Application No:
To: Committee of Adjustment
Prepared By:
2011 -B -09
Steven Farquharson, B.URPL
Intermediate Planner
Meeting Date:
Subject: Consent Application
Motion #
May 19, 2011
William and Loretta Crawford
Concession 7, Lot 23
(Former Township of Oro),
Roll #:
R.M.S. File #:
4346- 010 - 009 -024
432 Line 7 S
D10 -41517
REQUIRED CONDITIONS:
BACKGROUND:
The purpose of the consent application is for a technical severance to recreate a lot which once
existed as a separate parcel of land. The lands proposed to be severed would have a frontage along
Line 7 South of approximately 145 metres (475 feet), a lot depth of approximately 713 metres (2339
feet) and a lot area of approximately 10 hectares (24.7 acres).
The lands to be retained would have frontage along Line 7 South of 262 metres (859 feet), a lot depth
of approximately 713 metres (2339 feet), and a lot area of approximately 22 hectares (54 acres). The
retained parcel currently has an existing dwelling with various agricultural building.
The applicant has submitted a historical timeline of the property, which has been attached for the
Committee's reference. The lots were separate conveyable lots until 1888, when they merged in title.
The summary of the deeds which support this timeline are attached to this report.
ANALYSIS:
The purpose of consent application 2011 -B -09 is for a technical severance to re- create lots which
previously existed as separate conveyable parcels of land. The Township's Official Plan contains
policies (Section D2.2.3) which permit Planning Staff and the Committee to consider technical
severances.
FINANCIAL:
Not applicable.
Development Services Meeting Date May 19, 2011
Application No. 2011 -B -09 Page 1 of 5
Page 63 of 129
5d) - 2011 -B -09 - William and Loretta Craw...
POLICIES /LEGISLATION:
Township Official Plan
The subject lands are designated Agricultural in the Township's Official Plan.
Section D2.2.3 of the Official Plan provides a specific policy to allow the Committee to consider
applications to correct a situation where two or more lots have merged on title, provided that the
Committee of Adjustment is satisfied that the criteria detailed in subsection (a) through (h) have been
met. In reviewing these criteria, the title search showed that the proposed lot was once a separate the
parcels that merged unintentionally as a result of common ownership and are of the same shape and
size when they merged. Both the severed and retained lands have frontage onto a public road that is
maintained year round by a public authority, and that both sites can be serviced by on -site sewage
and water systems. It is the opinion of the Planning Department that the requirements Section D2.2.3
of the Official Plan have been satisfied.
On this basis, the application is considered to be appropriate and generally conforms to the Official
Plan.
County Official Plan
In analyzing this Consent application, Township staff reviewed both the County Official Plan currently
in effect as well as the Official Plan adopted by County Council in November 2008. In reviewing the
County of Simcoe Official Plan, there are no policies that permit the favorable consideration of a
technical severance, and therefore the Township's policy is not consistent with the County of Simcoe
Official Plan. Section 27 (1) of the Planning Act requires that the lower -tier municipality shall amend
every Official Plan to conform with that plan that comes into effect as the Official Plan of the upper -tier
municipality. Planning staff, prepared a report to Council recommending that the technical severance
polices be removed, due to them not being in conformity with the County of Simcoe Official Plan. It
was the direction of Council to defer this process until the Township begins its conformity exercise of
the Official Plan with the County of Simcoe Official Plan.
Section 3.6.6 of the County of Simcoe Official Plan states that agricultural areas will be protected for
agricultural and compatible uses and should generally not be less than 35 hectares or the original
survey lot size. Due to the proposed severed lot consisting of a lot area of approximately 10 hectares
and is not the original survey lot size, the proposed severance does not satisfy the policies of Section
3.6.6. The adopted County Plan continues to include the policies discussed above and therefore, it is
our opinion that the proposed development does not generally conform to the policies of both County
Official Plans (approved and adopted).
Provincial Policy Statement
The intent of the Provincial Policy Statement (PPS) is to build strong and healthy communities while
at the same time promoting efficient land use and development patterns.
In prime agricultural areas, the PPS discourages lot creation and states that new lots may only be
permitted under strict criterion. Policy 2.3.4.3 states that the creation of new residential lots in prime
Development Services
Application No. 2011 -B -09
Date May 19, 2011
Page 2 of 5
Page 64 of 129
5d) - 2011 -B -09 - William and Loretta Craw...
agricultural areas is not permitted, however the PPS may permit "Lot Adjustments" in prime
agricultural areas for legal or technical reasons as found in policy 2.3.4.2. For the purpose of policy
2.3.4.2 of the PPS, the term "Legal or Technical reasons" is defined as: "severances for purposes
such as easements, correction of deeds, quit claims and minor boundary adjustment, which do not
result in the creation of a new lot ". This definition does not provide for the re- creation of a lot.
It is the opinion of Planning staff that the proposed consent application does not satisfy the definition
of "Legal or Technical reason" in the PPS, and Policy 2.3.4.3, therefore is not is considered to be
consistent with the Provincial Policy Statement.
Places to Grow
The Places to Grow Growth Plan for the Greater Golden Horseshoe has been in place since 2006
and does not contain specific policies that relate to technical severance. Since the Places to Grow
document is silent in regards to a technical severances in all lands uses, it is the opinion of Planning
staff that technical severances are not recognized and therefore not permitted by the Plan. The
Growth Plan policies are consistent with the policies of the Provincial Policy Statement on this basis
the consent for the technical severance to re- create the original lot would therefore not conform to this
policy.
Zoning By -law 97 -95
The subject property is currently zoned Agricultural /Rural (A/RU) and Environmental Protection (EP)
Zone in the Township's Zoning By -law 97 -95, as amended. The proposed severed and retained lots
would continue to comply with the provisions of the Agricultural /Rural (A/RU) Zone, as the minimum
lot area and frontage have been met.
Therefore, the application would comply with the provisions as prescribed by the Zoning By -law.
CONSULTATIONS:
Transportation and Environmental Services -
Building Department -
Engineering Department —
County of Simcoe — Comments Forthcoming
Lake Simcoe Region Conservation Authority- Comments Forthcoming
ATTACHMENTS:
Schedule #1- Location Map
Development Services
Application No. 2011 -B -09
Date May 19, 2011
Page 3 of 5
Page 65 of 129
5d) - 2011 -B -09 - William and Loretta Craw...
CONCLUSION:
By reviewing the timeline provided by the applicant, which confirms that these parcels previously
existed as separate parcels, determining that the proposal appears to meet the criteria required by
Section D2.2.3 of the Township Official Plan. However, it is the opinion of the Planning Department
that the proposed severance does not conform to the Agricultural policies of County of Simcoe's
Official Plan's Agricultural policies and is not consistent with the PPS and Places to Grow Growth
Plan. Therefore, Planning staff does not feel that Consent application 2011 -B -09 for a technical
severance is appropriate.
Respectfully submitted: Reviewed by:
Steven arquharson, B.URPL Glenn White, MCIP RPP
Intermediate Planner Manager of Planning Services
Development Services Meeting Date May 19, 2011
Application No. 2011 -B -09 Page 4 of 5
Page 66 of 129
5d) - 2011 -B -09 - William and Loretta Craw...
Page 67 of 129
5d) - 2011 -B -09 - William and Loretta Craw...
SHIRLEY PARTRIDGE REGISTRY SERVICES INC.
168 LAKESHORE ROAD WEST
R.R. # 1, ORO STATION, ON LOL 2EO
April 27th, 2011
The Corporation of The Township of Oro - Medonte
148 Line 7 S, Box 100
Oro, ON LOL 2X0
Attention: Committee of Adjustment
Dear Members:
Re: William Robert Crawford and Loretta Maria Crawford
Application for Technical Severance
Part of Lot 23, Concession 7 Township of Oro - Medonte
Part of PIN 58550- 0097(LT)
The holdings of William Robert Crawford and Loretta Maria Crawford are
comprised of Part of the West Half of Lot 23 in the 7`h Concession, and further
identified as Part 2 Plan 51 R -9454 in the former Township of Oro.
Lot 23, Concession 7 was patented on the 12th day of October, 1841 to the
Canada Company. The Canada Company conveyed the West Half (100 acres)
in January, 1856 to James Bell, and the East Half (100 acres) to Allan Bell in
February, 1862. Four months later, Allan Bell split the East Half and conveyed
the South East Quarter (50 acres) to James Crawford, and he mortgaged the
North East Quarter (50 acres) in 1869. A discharge of a previous mortgage was
registered in June, 1876 and that is the last mention of Allan Bell. A Release of
Dower by Euphemia Bell to Elizabeth Adams was registered in 1873, and it is the
said Elizabeth Adams together with her husband, James who conveyed the said
North East Quarter to Robert Crawford on September 3rd, 1888.
Meanwhile in 1866, James Crawford Sr. had conveyed the South Half of the East
Half (50 Acres) to James Crawford Jr. On March 31St, 1909, the said James
Crawford Jr. conveyed the South East Quarter (also known as the South Half of
the East Half) to George Crawford.
Subsequent to his acquisition of the South East Quarter, George Crawford split
his parcel into two pieces and conveyed the North Twenty -Nine rods (478.5 feet)
to Robert Crawford (Great Uncle of current owner) on July 31St, 1911. There is
a reference in the 1911 Deed to a lane extending Westerly along the Southerly
Page 68 of 129
5d) - 2011 -B -09 - William and Loretta Craw...
limit of the said parcel. This would suggest that the lane provided an actual and a
visual separation of the two parcels that formerly comprised the South East
Quarter. At this point the two holdings by Robert Crawford would inadvertently
merge as this predated the introduction of the Provincial Planning Act, and he
could not have anticipated the future and the necessity to keep the ownership
separate.
In August, 1952, John A. Crawford conveyed the lands owned by Robert
Crawford to William Ernest Crawford and Barbara Jane Crawford (parents of
current owner). On November 7th, 1962, the Executors of the Emma J. Crawford
(widow of Robert Crawford) confirmed the earlier Transfer to William and Barbara
Crawford as her Estate had not registered a Transfer to the said John A.
Crawford to carry out the terms of her Will.
Mr. and Mrs. Crawford acquired the West Half of Lot 23, Concession 7 in April,
1963 from Albert Pearsall which adjoined the North East Quarter and North
Twenty- Nine Rods of the south East Quarter that they already had in their
possession.
In 1977, they applied for and received a severance for Part 1, Plan 51R-7005,
being the most north- easterly corner of the North East Quarter of Lot 23 which
parcel was then conveyed to their son, Steven. That Consent was given by
Submission B -14/77 on May 31St, 1977 and dated August 17th, 1977. This would
eliminate any future possibility of a technical severance for the North East
Quarter.
By a subsequent severance in June, 1980, William Ernest Crawford and Barbara
Jane Crawford conveyed the balance of the North East Quarter and all of the
Northerly Twenty -Nine Rods of the South East Quarter to their son, William
Robert Crawford. This Consent was given by Submission No. B24/79 on the 13th
day of June, 1979 and dated June 3, 1980. These lands are now described as
Part 2, Plan 51 R -9454. This severance was necessary as William Ernest
Crawford and Barbara Jane Crawford still retained the West Half of lot 23 at this
time. This Transfer did not create a new parcel or alter the earlier configuration,
but rather allowed the son to have ownership of the lands for the dairy operation
carried out on the parcel at that time.
William Robert Crawford later conveyed these lands to himself and his wife,
Loretta Maria Crawford in 1989.
Mr. and Mrs. Crawford now wish to recreate the parcel described in 1911 as the
"Northerly 29 Rods of the South East Quarter" that merged inadvertently with the
North East Quarter acquired previously by Robert Crawford in 1888. The
previous planning approval for Part 2, Plan 51R-9454 was not to merge the
balance of the North East Quarter and the Northerly Twenty -Nine Rods of the
South East Quarter, but rather to separate that portion of the East Half from the
Page 69 of 129
5d) - 2011 -B -09 - William and Loretta Craw...
lands owned by Mr. Crawford's parents in the West Half. The former dairy
operation is no longer carried on at this location.
Your emery truly,
irley Part id e ` President
Shirley Pa ridge Registry Services Inc.
Page 70 of 129
5d) - 2011 -B -09 - William and Loretta Craw...
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5e) - 2011 -A -10 - Mary Love
Concession 7, P...
TOWNSHIP OF ORO- MEDONTE
` "r'`Tlec�oite REPORT
Application No:
To: Committee of Adjustment
Prepared By:
2011 -A -10
Alan Wiebe, Planner
Meeting Date:
Subject: Variance Application
Motion #
May 19, 2011
(Mary Love)
Concession 7, Part Lot 3, 51 R19805,
Part 1
Roll #:
R.M.S. File #:
4346 - 020 - 010 -07610
(Former Township of Medonte)
D13 -41482
REQUIRED CONDITIONS:
The following conditions are required to be imposed on the Committee's decision:
1. That no building(s) /structure(s) be located any closer than 30 metres to the "top of bank of the
distinct ravine feature on the property', as determined by the Nottawasaga Valley
Conservation Authority, and as approximated in Schedule 3 to this Report; and
a. That an Ontario Land Surveyor provide verification to the Township of compliance with
the Committee's decision by: 1) pinning the footings, and 2) verifying in writing prior to
pouring of the foundation by way of survey /real property report for the construction of
any proposed building(s) /structure(s) on the subject property;
b. That, notwithstanding Section 5.28 of Zoning By -law 97 -95, any building(s) /structure(s)
constructed on the subject property shall comply with all other applicable provisions of
Zoning By -law 97 -95.
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.
BACKGROUND:
The subject property occupies an area of approximately 0.94 hectares (2.33 acres), has lot lines along
Mill Pond Sideroad with length totalling approximately 45.7 metres (150 feet), and has a depth ranging
between 109 metres (357.79 feet) and 128 metres (420 feet). The subject property is presently vacant,
and has a significant portion of its area occupied by land in the Environmental Protection (EP) Zone,
per the Township's Zoning By -law 97 -95. The applicant has stated that the purpose for proposing a
reduction in the minimum required setback for buildings and structures from the limits of the
Environmental Protection (EP) Zone is "to allow for a reasonable building envelope" on the subject
property.
Development Services Meeting Date May 19, 2011
Application No. 2011 -A -10 Page 1 of 7
Page 77 of 129
5e) - 2011 -A -10 - Mary Love
Concession 7, P...
ANALYSIS:
The purpose of this report is to consider Variance Application 2011 -A -10, for relief from the Township's
Comprehensive Zoning By -law in relation to the minimum required setback for buildings and structures
from the limits of the Environmental Protection (EP) Zone. The applicant is requesting the following
relief from Table B1 of Zoning By -law 97 -95:
Section 5.28 — Setbacks from Limits of Environmental Protection Zone Required Proposed
Minimum required setback for buildings) /structure(s) 30 metres 0 metres
FINANCIAL:
Not applicable.
POLICIES /LEGISLATION:
Does the variance conform to the general intent of the Official Plan?
The subject property has portions of land designated Rural, and Oro Moraine Core /Corridor Area,
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 Rural designation is located in the northeastern portion of
the lot. 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".
The portion of the subject property in the Oro Moraine Core /Corridor Area designation is located in
the southwestern portion of the lot. Section B1.6.2 a) of the Official Plan states that "All permanent
streams, wetlands ... are considered to be hydrologically sensitive features ... [on] this basis, no
development within 30 metres of the stable bank shall be permitted'. Section B1.10.1.3 of the Official
Plan continues to state that permitted uses in this designation include "single detached dwellings and
accessory uses on existing lots ".
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', provided "that a minimum 30 metre no
development/disturbance setback should be maintained from the top of bank of the distinct ravine
feature on the property."
On the basis that the NVCA has stated that it has no objection to the approval of the application, the
proposed variance is considered to conform to the general intent of the Official Plan.
Development Services Meeting Date May 19, 2011
Application No. 2011 -A -10 Page 2 of 7
Page 78 of 129
5e) - 2011 -A -10 - Mary Love
Concession 7, P...
Does the variance meet the general intent of the Zoning By -law?
The subject property is partially zoned Agricultural /Rural (A/RU) Zone, and is also largely zoned
Environmental Protection (EP) Zone. The applicant is proposing a setback of 0 metres from the limit
of the Environmental Protection (EP) Zone, where a proposed dwelling could be located entirely
within the Agricultural /Rural (A /RU) Zone portion of the property, not encroaching within the EP Zone.
Table A4 of the Township's Zoning By -law identifies single detached dwellings as a permitted use
within this zone provided that, per Table 134A, the lot has a minimum size of 0.4 hectares.
Section 5.28 of the Zoning By -Law requires that all buildings and structures be located a minimum of
30 metres from the limits of the Environmental Protection (EP) Zone. The purposes of the setback
from the Environmental Protection (EP) Zone include:
to maintain and enhance the ecological integrity of the natural heritage system;
to ensure that development does not occur on lands that area unstable or susceptible to
flooding; and
to ensure that development does not occur on hazardous slopes.
As previously stated, staff from the NVCA have advised that it has "no objection" to the approval of
this application and that, as a result of any development/disturbance of the lot being located no closer
than 30 metres from the top of bank of the distinct ravine feature, "development [would be directed]
towards the roadside at the western side of the property where development is to have the least
impact."
On the basis that the NVCA has advised that it has no objection to the approval of this application,
that the variance requested does not propose the potential construction of buildings) /structure in the
Environmental Protection (EP) Zone portion of the property, and that the lot meets the minimum lot
size for its use for a single detached dwelling (per Table 134A), the proposal is considered to meet the
general intent of the Zoning By -law.
Is the variance appropriate for the desirable development of the lot?
As the proposed variance is considered to conform to the general intent of the Township's Official
Plan, to meet the general intent of the Township's Zoning By -law, and as staff from the NVCA has
advised that it has "no objection to its approval ", the proposal is considered appropriate for the
desirable development of the lot.
Is the variance minor?
As the proposed variance is not anticipated to have an adverse impact on the natural features
contained within the Environmental Protection (EP) Zone portion of the property, based on comments
from staff from the NVCA, the proposal is considered to be minor.
CONSULTATIONS:
Transportation and Environmental Services —
Building Department —
Engineering Department —
Nottawasaga Valley Conservation Authority — no objection
Development Services Meeting Date May 19, 2011
Application No. 2011 -A -10 Page 3 of 7
Page 79 of 129
5e) - 2011 -A -10 - Mary Love
Concession 7, P...
ATTACHMENTS:
Schedule 1: Location Map
Schedule 2: Zone Boundary Map
Schedule 3: Proposal
CONCLUSION:
In the opinion of the Planning Department, Variance Application 2011 -A -10, specifically, to permit the
reduction in the minimum required setback from the limit of the Environmental Protection (EP) Zone,
from thirty (30) metres to zero (0) metres, appears to meet the four tests of the Planning Act.
Respectfully submitted:
ho /aftff
Alan Wiebe
Planner
Development Services
Application No. 2011 -A -10
Reviewed by:
Glenn White, MCIP, RPP
Manager, Planning Services
Meeting Date May 19, 2011
Page 4 of 7
Page 80 of 129
5e) - 2011 -A -10 - Mary Love
Concession 7, P...
SCHEDULE 1: LOCATION MAP
2011 -A -10 (Mary Love)
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Development Services Meeting Date May 19, 2011
Application No. 2011 -A -10 Page 5 of 7
Page 81 of 129
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Concession 7, P...
SCHEDULE 2: ZONE BOUNDARY MAP
2011 -A -10 (Mary Love)
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Development Services Meeting Date May 19, 2011
Application No. 2011 -A -10 Page 6 of 7
Page 82 of 129
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Concession 7, P...
SCHEDULE & PROPOSAL
2011 -A -10 (Mary Love)
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Development Services Meeting Date May 19, 2011
Application No. 2011 -A -10 Page 7 of 7
Page 83 of 129
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Concession 7, P...
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May 5, 2011
Steven Farquharson, Secretary- Treasurer
Committee of Adjustment
Township of Oro - Medonte
P.O. Box 100
Oro, Ontario
LOL 2X0
5e) - 2011 -A -10 - Mary Love
Concession 7, P...
Member
Municipalities Dear Mr. Farquharson;
Adjala - Tosorontio Re: Application for Minor Variance 2011 -A -10
Amaranth Part Lot 3, Concession 7,
Barrie Township of Oro- Medonte (Formerly Township of Medonte)
The Blue Mountains The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this
Bradford -West Gwillimbury application for minor variance and based upon our on -site investigations
Clearview and policies established under the Conservation Authorities Act, we have
Collingwood no objection to its approval.
Essa We advise the location of the proposed building envelope is located within
Grey Highlands an area under the regulatory jurisdiction of the NVCA whereby a permit (or
Innisfil clearance) is required under the Conservation Authorities Act prior to
Melancthon development. Based upon our site visits, it is the NVCA's opinion that a
minimum 30 metre no development/disturbance setback should be
"' °n° maintained from the top of bank of the distinct ravine feature on the
Mulmur property. This would direct development towards the roadside at the
NewTecumseth western side of the property where development is to have the least impact.
Oro - Medonte
Shelburne Thank you for circulating this application for our review and please forward
a copy of any decision.
Springwater
Wasaga Beach Sincerely,
Watershed
Counties Tim Salkeld
Dufferin Resource Planner
Grev
Simcoe
Member of
Celebrating 50 Years in Conservation 1960 -2010
NOTTAWASAGA VALLEY CONSERVATION AUTHORITY Centre for Conservation
Conservation John Hix Conservation Administration Centre Tiffin Conservation Area 8195 8th Line Utopia, On LOM 1 TO
ONTARIO
N 1ch —pmre Telephone: 705.424.1479 Fax: 705.424.2115 Web: www.nvca.on.ca Email: admin @nvca.on.ca
Page 85 of 129
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5f) - 2011 -A -11 - Todd and Natalie Hiles
25...
TOWNSHIP OF ORO- MEDONTE
REPORT
Application No:
To: Committee of Adjustment
Prepared By:
2011 -A -11
Steven Farquharson,
Intermediate Planner
Meeting Date:
Subject: Variance Application
Motion #
May 19, 2011
(Todd and Natalie Hiles)
25 Alpine Drive
Plan M -29, Lot 105
Roll #:
R.M.S. File #:
4346- 020 - 005 -04304
(Oro)
D13 -41505
REQUIRED CONDITIONS:
The following conditions are required to be imposed on the Committee's decision:
That notwithstanding Section 5.1.4 and 5.1.6 of Zoning By -law 97 -95, the structure shall
otherwise comply with all other provisions for detached accessory buildings, as required under
Section 5 of the Zoning By -law;
2. That the floor area of the detached accessory building not exceed approximately 133.4 square
metres;
3. That the setbacks be in conformity with the dimensions as set out in the application and on the
sketch submitted with the application and approved by the Committee;
4. That an Ontario Land Surveyor provide verification to the Township of compliance with the
Committee's decision by verifying in writing that:
a. The ground floor area (including covered porch) of the detached accessory building not
exceed approximately 90.6 square metres;
b. The height of the detached accessory building be no greater than approximately 5.08
metres.
5. That the appropriate zoning certificate and building permit be obtained from the Township only
after the Committee's decision becomes final and binding, as provided for within the Planning
Act R.S.O. 1990, c.P. 13.
BACKGROUND:
The purpose of this report is to consider a Variance Application 2011 -A -11, for relief from the
Township's Comprehensive Zoning By -law in relation to the maximum floor area and height of a one
and half storey detached accessory building in the RUR2 Zone.
Development Services Meeting Date May 19, 2011
Application No. 2011 -A -11 Page 1 of 6
Page 96 of 129
5f) - 2011 -A -11 - Todd and Natalie Hiles
25...
The subject property has a lot frontage of 30.0 metres on Alpine Drive, a depth of approximately 221
metres, and a lot area of approximately 0.2 hectares. The subject property contains a single
detached dwelling, built in approximately 1987. The applicant is proposing to construct a one and
half storey detached accessory building with a total floor area of approximately 133.4 square metre,
which is to be located in the southeast corner of the property, approximately 18.2 metres from the
front lot line and approximately 4.5 metres from the south east interior lot line. The applicant has
indicated that the increased floor area and height are needed to accommodate additional storage and
hobby space.
ANALYSIS:
PURPOSE OF APPLICATION:
The applicant is proposing to construct a one and half storey accessory building with a floor area of
approximately 133.4 square metres (1,435 square feet), consisting of a first storey occupying
approximately 87.7 square metres (943 square feet), and a second storey having a floor area of
approximately 42.7 square metres (459 square feet), also included is a covered porch with a floor area
of approximately 2.9 square metres (31.9 square feet). The second storey of the proposed accessory
building is proposed to be used for storage. The proposed accessory building is proposed to have a
height of approximately 5.08 metres (16.8 feet). The applicant is requesting the following relief from
Zoning By -law 97 -95:
Zone: Rural Residential Two (RUR2) Zone Required Proposed
1. Section 5.1.4 — Maximum height 4.5 metres (max.) 5.08 metres
2. Section 5.1.6 — Maximum floor area 70 square metres (max.) 133.4square metres
Upon receiving additional information provided by the applicant, it was determined that the variance
request from Section 5.1.5 "Maximum Lot Coverage ", is not required as the applicant will be under the
maximum allowable 5% required under Zoning By -law 97 -95.
FINANCIAL:
Not applicable.
POLICIES /LEGISLATION:
Does the variance conform to the general intent of the Official Plan?
The property is designated Rural Residential in the Official Plan. Section C4 which contains the Rural
Residential policies in the Township's Official Plan sets out the following objectives:
• To recognize existing estate, country estate and chalet residential developments in the
Township
The requested variance for an accessory building would appear to maintain the character of the
residential area, as the use is secondary to the residential use and there are similar accessory
detached buildings in the neighbourhood. Therefore, the variance would conform to the general intent
of the policies contained in the Official Plan.
Development Services Meeting Date May 19, 2011
Application No. 2011 -A -11 Page 2 of 6
Page 97 of 129
5f) - 2011 -A -11 - Todd and Natalie Hiles
25...
Does the variance comply with the general intent of the Zoning By -law?
The subject property is zoned Rural Residential Two (RUR2) Zone. The purpose for regulating the
size, height and location of detached accessory structures is to ensure that such buildings remain
clearly secondary to the primary use of the lot, in this case being residential. Provisions for the
maximum floor area for accessory building in the RUR2 Zone are limited to a maximum floor area of
70 square metres. The applicant has indicated that the need for a one and half storey accessory
building with a total floor area of approximately 133.4 square metres is to accommodate additional
storage and hobby space. The ground floor of the accessory building has a floor area of approximately
87.7 square metres, while the top portion of the additional storey has a floor area of approximately 42.7
square metres. The applicant has also included a covered porch area, which has a floor area of 2.97
square metres. The gross floor area of the existing dwelling is 179 square metres and such, the
proposed accessory building will remain secondary to the dwelling.
Aside from the maximum floor area and maximum height, the proposed accessory building will
otherwise meet with the required interior side and front yard setbacks and setback to the dwelling.
Therefore, based on the above the variance is considered to maintain the general intent of the Zoning
By -law.
Is the variance appropriate for the desirable development of the lot?
A site inspection revealed that the proposed accessory building will be located approximately 18.2
metres from the front property boundary and approximately an additional 4.5 metres south east of the
existing dwelling. As such, the existing dwelling will remain visually predominant as the main use on
the lot.
The site inspection also revealed that the subject lands are located in an existing plan of subdivision
which have shown that the surrounding lots have non - conforming accessory building. The proposed
accessory building would be in keeping with character of the area. The proposed location is clear of
any tree vegetation, which will allow for the applicant to have no need for tree removal. The applicant
has also provided letters of support from the surrounding neighbouring dwellings stating they have no
objection to the proposed application.
On this basis, the proposal is considered desirable for the appropriate development of the subject lot
Is the variance minor?
As this application is deemed to conform with the Official Plan, maintain the intent of the Zoning By-
law and constitutes appropriate development, the variance is considered to be minor.
CONSULTATIONS:
Transportation and Environmental Services -
Building Department -
Engineering Department —
Nottawasaga Valley Conservation Authority- No Objection
Development Services Meeting Date May 19, 2011
Application No. 2011 -A -11 Page 3 of 6
Page 98 of 129
5f) - 2011 -A -11 - Todd and Natalie Hiles
25...
ATTACHMENTS:
Schedule 1: Location Map
Schedule 2: Elevation Drawings
CONCLUSION:
In the opinion of the Planning Department, Variance application 2011 -A -11, being to grant an
increase in maximum floor area for a detached accessory building from 70 square metres to 133.4
square metres, increase the maximum height from the required 4.5 metres to 5.08 metres and a lot
coverage from 5% to 7.3 %, appears to meet the four tests of the Planning Act.
Respectfully submitted: Reviewed by:
Steven arquharson, B.URPL Glenn White, MCIP, RPP
Intermediate Planner Manager, Planning Services
Development Services Meeting Date May 19, 2011
Application No. 2011 -A -11 Page 4 of 6
Page 99 of 129
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25...
SCHEDULE 1: LOCATION MAP
2011 -A -11 (Hiles)
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Development Services Meeting Date May 19, 2011
Application No. 2011 -A -11 Page 5 of 6
Page 100 of 129
5f) - 2011 -A -11 - Todd and Natalie Hiles
25...
SCHEDULE 2: ELEVATIONS
2011 -A -11 Hiles
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Development Services Meeting Date May 19, 2011
Application No. 2011 -A -11 Page 6 of 6
Page 101 of 129
Member
Municipalities
Adiala- Tosorontio
Amaranth
Barrie
The Blue Mountains
Bradford -West Gwillimbury
Clearview
Co I I i ngwood
Essa
Grey Highlands
Innisfil
Melancthon
Mono
Mulmur
New Tecumseth
Oro- Medonte
Shelburne
Springwater
Wasaga Beach
Watershed
Counties
Dufferin
Grey
Simcoe
Member of
C�%14_
Conservation
ONTARIO
5f) - 2011 -A -11 - Todd and Natalie Hiles
25...
.
MAY (I 5 2i11t
May 2, 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 -A -11
Lot 8, Concession 7, 25 Alpine Drive
Township of Oro - Medonte (Formerly Township of Medonte)
The Nottawasaga Valley Conservation Authority (NVCA) has reviewed this
application for minor variance and based upon our mandate under the
Conservation Authorities Act, we have no objection to its approval.
Thank you for circulating this application for our review and please forward
a copy of any decision.
Sincerely,
7z .
Tim Salkeld
Resource Planner
Celebrating 50 Years in Conservation 1960 -2010
NOTTAWASAGA VALLEY CONSERVATION AUTHORITY Centre for Conservation
John Hix Conservation Administration Centre Tiffin Conservation Area 8195 8th Line Utopia, On LOM 1TO
Telephone: 705.424.1479 Fax: 705.424.21 'I5 Web: www.nvca.on.ca Email admin @nvca.on.ca
Page 102 of 129
5f)-2011-A-11 -Todd and Natalie Hiles
25...
Page 103 of 129
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TOWNSHIP OF ORO- MEDONTE
REPORT
Application No:
To: Committee of Adjustment
Prepared By:
2011 -A -12
Alan Wiebe, Planner
Meeting Date:
Subject: Variance Application
Motion #
May 19, 2011
(Frank Say)
Concession 14 West Part Lot 21
187 Shoreline Drive
Roll #:
R.M.S. File #:
4346 - 010 - 012 -18800
(Former Township of Medonte)
D13-
REQUIRED CONDITIONS:
BACKGROUND:
The subject property occupies an area of approximately 0.19 hectares (0.48 acres), has frontage on
Shoreline Drive of approximately 30.4 metres (99.66 feet) and abuts Lake Simcoe for approximately
29.95 metres (98.26 feet), and depth ranging between 56.7 metres (186.16 feet) and 63.69 metres
(208.94 feet). The property has an existing garage and a boathouse, as well as a dwelling that is
presently located within the minimum required front yard, at 2.987 metres (9.8 feet) from the front lot
line.
The applicant is proposing to construct a second storey on the existing dwelling, consisting of an
increase in floor area of approximately 27.9 square metres (300 square feet), and an increase in
volume of approximately 76.5 cubic metres (2,700 cubic feet), within the required front yard, to as near
as 2.987 metres (9.8 feet) from the front lot line.
ANALYSIS:
The purpose of this report is to consider Variance Application 2011 -A -12, for relief from the Township's
Comprehensive Zoning By -law in relation to the minimum required front yard setback for a dwelling in
the Shoreline Residential (SR) Zone, and from the "Non- Complying Buildings and Structures" provision
(Section 5.16.1) of the Zoning By -law. The applicant is requesting the following relief from Zoning By-
law 97 -95:
Shoreline Residential (SR) Zone Required Proposed
1. Table B1 — Minimum required front yard 7.5 metres 2.98 metres
2. Section 5.16.1 b) — change in floor area No increase is permitted Increase volume and floor
or volume in a required yard, of a non- area of existing non-
complying building or structure complying dwelling, within
required front yard
Development Services Meeting Date May 19, 2011
Application No. 2011 -A -12 Page 1 of 5
Page 111 of 129
5g) - 2011 -A -12 - Frank Say
187 Shorline Dr...
FINANCIAL:
Not applicable.
POLICIES /LEGISLATION:
Official Plan
The subject property is designated Shoreline in the Township's Official Plan.
Zoning By -law
The subject property is zoned Shoreline Residential (SR) Zone in the Township's Zoning By -law.
CONSULTATIONS:
Transportation and Environmental Services —
Building Department —
Engineering Department —
Lake Simcoe Region Conservation Authority —
ATTACHMENTS:
Schedule 1: Location Map
Schedule 2: Survey
Schedule 3: Elevation Drawing
CONCLUSION:
In the opinion of the Planning Department that Variance Application 2011 -A -12 should be deferred
until such time as comments are received from the Lake Simcoe Region Conservation Authority.
Respectfully submitted: Reviewed by:
Alan Wiebe Glenn White, MCIP, RPP
Planner Manager, Planning Services
Development Services Meeting Date May 19, 2011
Application No. 2011 -A -12 Page 2 of 5
Page 112 of 129
5g) - 2011 -A -12 - Frank Say
187 Shorline Dr...
SCHEDULE 1: LOCATION MAP
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Application No. 2011 -A -12
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LAKE SIMCOE
SUBJECT PROPERTY
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Meeting Date May 19, 2011
Page 3 of 5
Page 113 of 129
SCHEDULE 2: SURVEY
2011 -A -12 (Frank Say)
SHORELINE DRIVE
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