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04 21 2011 C of A Minutes4 x wolt7 JM1 Pond Hrrirge, Excitiag F'witrr Thursday, April 21, 2011 Time: 10:01 a.m. Present: Larry Tupling, Chair Allan Johnson Bruce Chappell Roy Hastings Scott Macpherson Staff present: 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. THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Page 1 of 11 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 51 R -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 2 of 11 Committee of Adjustment Minutes — April 21, 2011 b) 2011 -B -04 - Wayne and Catherine Blakely 387 Ingram Road, North -East l/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 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 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 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 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 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 10421 -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 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. CA110421 -11 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 9 of 11 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. CA110421 -12 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. CA110421 -13 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 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 ling, Chair Steven a son, Secretary Treasurer Page 11 of 11