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06 16 2011 CofA AgendaPage �4 Township of Proud Heritage, Exciting Future 1. OPENING OF MEETING: 2. ADOPTION OF THE AGENDA: a) Motion to Adopt the Agenda THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING AGENDA COUNCIL CHAMBERS Thursday, June 16, 2011 10:00 a.m. 3. DISCLOSURE OF PECUNIARY INTEREST: 4. ADOPTION OF MINUTES: 3 -11 a) Minutes of Committee of Adjustment meeting held on Thursday, May 19, 2011. 5. PUBLIC MEETINGS: 12 -19 a) 2010 -A -18 - Robert E. Drury 170 Line 1 North, Part East 1/2 Lot 12, Concession 1, Plan 51R- 27532, Part 1 (Former Township of Oro) Request to recognize an existing dwelling being within the required rear yard setback in the Rural Residential Two (RUR2) Zone. 20 -63 b) 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North, Concession 14, West Part Lot 13 Request for relief from maximum height, increase in situation of non- compliance and building or structure within 30 metres of Environmental Protection (EP) Zone. 64 -74 c) 2011 -A -15 - Harold Huber 21 Lakeshore Road East, Plan 627, Lot 9 (Former Township of Oro) Request for relief from accessory structures and uses permitted locations (setback distance equal to front yard), maximum lot coverage and setback of approximately 12.0 metres from the average high water mark of Lake Simcoe. 75 -86 d) 2011 -B -10 - Stephen and Marsha Sperling 364 Shanty Bay Road, Part of Lots 22, 23 and 24, North Side of Monk Street, Plan 1(Former Township of Oro) Request to permit an easement for an existing buried Bell Canada cable. 87 -97 e) 2011 -B -11 -Terrace Hill Homes Inc. Part of Lots 22, 23 and 24, North Side of Monk Street, Plan 1(Former Township of Oro) Request to permit an easement for an existing buried Bell Canada cable. Page 1 of 97 Page 6. NEW BUSINESS: a) OMB Appeal - 2011 -B -09, William and Loretta Crawford, 432 Line 7 South, Technical Severance. 7. NOTICE OF MOTION: 8. NEXT MEETING DATE: Thursday, July 21, 2011 at 10:00 a.m. 9. ADJOURNMENT: a) Motion to Adjourn. Page 2 of 97 4a) - Minutes of Committee of Adjustment meeting held on Thu... ��! 7'ou� h j 1 rraud Heritage, Exciting Framer Thursday, May 19, 2011 THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Present: Larry Tupling, Chair Allan Johnson Roy Hastings Scott Macpherson Regrets: Bruce Chappell 'je Staff present: Steven Farquharson, Alan Wiebe, Planner 1. OPENING OF MEETING: Larry Tupling assumed the Chair and called the 2. ADOPTION OF THE AGEN a) Motion to Adopt the Agenda 10:00 a.m. r /Intermediate Planner rder. Moved by Hastings, Seconded by Macphers 106mmb.- % It is reco the agenda for the Committee of Adjustment meeting of Thursday, May 10, OFTe rec d and adopted. Carried. 1411101L 1W 1W 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. 4. ADOPTION OF MIN a) Minutes of the Committee of Adjustment meeting held on April 21, 2011. Motion No. CA110519 -2 Moved by Johnson, Seconded by Macpherson It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, April 21, 2011 be adopted as printed and circulated. Carried. Page 1 of 9 Page 3 of 97 4a) - Minutes of Committee of Adjustment meeting held on Thu Committee of Adjustment Minutes — May 19, 2011 5. PUBLIC MEETINGS: a) 2011 -13-07 - 1588521 Ontario Ltd. 2329 Highway 11, Concession 5, East Part Lot 21, RP 51R10063, 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. Steve St -Onge, agent, was present. Motion No. CA110519 -3 Page 2 of 9 Page 4 of 97 4a) - Minutes of Committee of Adjustment meeting held on Thu Committee of Adjustment Minutes — May 19, 2011 c) 2011-B-08- Helen Perry 556 Line 11 North, Concession 11, East Part Lot 17 Boundary adjustment /lot addition. Helen Perry, applicant, and Craig Shelswell, agent, were present. The Committee received correspondence from Russ and Diane Thornton. Motion No. CA110519 -5 Moved by Hastings, Seconded by Johnson It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2011 -B -08, being to permit a lot addition /boundary adjustment for the conveyance of approximately 20 hectares, with frontage of approximately 206.97 metres along Line 11 North and a depth of approximately 710 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 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 prepares and submits a copy of the proposed conveyance for the parcel severed, for review by the Municipality. 4. That the applicant's solicitor provides an undertaking that the severed lands and the lands to be enhanced will merge in title. 5. And That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 3 of 9 Page 5 of 97 4a) - Minutes of Committee of Adjustment meeting held on Thu Committee of Adjustment Minutes — May 19, 2011 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. William and Loretta Crawford, applicants, and Shirley Partridge, agent, were present. Motion No. CA110519 -6 Moved by Hastings, Seconded by Johnson It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2011 -B -09, being for a technical severance to recreate a lot which once existed as a seperate parcel of land, with frontage on Line 7 South of approximately 145 metres, a lot depth of approximately 713 metres, and a lot area of approximately 10 hectares, subject to the following conditions: 1. That three copies of a registered reference plan for the subject land, indicating the parcel severed, be prepared by an Ontario Land Surveyor and 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. Furthermore, the legal description and the parcel description of the recreated parcel be indentical to that contained in the original deed and must so be designated on a reference plan to be provided by the applicant. 3. That the applicant complete to the satisfaction of the Township, a minimum distance separation calculation to confirm an appropriate building envelope is available on the severed lands. 4. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of giving of the notice. 5. And That an approval letter from the Lake Simcoe Region Conservation Authority be obtained. Carried. The Committee unanimously consented to the reconsideration of Motion No. CA110519 -6 in regards to Application 2011 -B -09. Page 4 of 9 Page 6 of 97 4a) - Minutes of Committee of Adjustment meeting held on Thu Committee of Adjustment Minutes — May 19, 2011 Motion No. CA110519 -7 Moved by Hastings, Seconded by Johnson It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2011 -B -09, being for a technical severance to recreate a lot which once existed as a separate parcel of land, with frontage on Line 7 South of approximately 145 metres, a lot depth of approximately 713 metres, and a lot area of approximately 10 hectares, subject to the following conditions: 1. That three copies of a registered reference plan for the subject land, indicating the parcel severed, be prepared by an Ontario Land Surveyor and 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. Furthermore, the legal description and the parcel description of the recreated parcel be indentical to that contained in the original deed and must so be designated on a reference plan to be provided by the applicant. 3. That the applicant complete to the satisfaction of the Township, a minimum distance separation calculation to confirm an appropriate building envelope is available on the severed lands. 4. And That the conditions of consent imposed by the Committee be fulfilled within one year from the date of giving of the notice. Carried. Page 5 of 9 Page 7 of 97 4a) - Minutes of Committee of Adjustment meeting held on Thu Committee of Adjustment Minutes — May 19, 2011 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. Mary and Dave Love, applicants, were present. Ivan Strachan asked for clarification on the Environmental Protection Zone. Motion No. CA110519 -8 Moved by Macpherson, Seconded by Hastings It is recommended that the Committee of Adjustment approves 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 for buildings and structures on the subject property, subject to the following conditions: 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 B to this Decision; 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. 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 6 of 9 Page 8 of 97 4a) - Minutes of Committee of Adjustment meeting held on Thu Committee of Adjustment Minutes — May 19, 2011 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. Todd Hiles, applicant, and David Carr, builder, were present. Motion No. CA110519 -9 Moved by Johnson, Seconded by Macpherson It is recommended that the Committee of Adjustment approves Variance Application 2011 - A-11, specifically, 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 subject to the following conditions: 1. 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. Carried. Page 7 of 9 Page 9 of 97 4a) - Minutes of Committee of Adjustment meeting held on Thu Committee of Adjustment Minutes — May 19, 2011 g) 2011 -A -12 -Frank Say 187 Shorline Drive, Concession 14, West Part Lot 21 Relief from minimum required front yard and change in floor area or volume in a required yard, of a non - complying building or structure. Frank Say, applicant, was present. Motion No. CA110519 -10 Moved by Hastings, Seconded by Macpherson It is recommended that the Committee of Adjustment approves Variance Application 2011 - A-12, specifically to permit the enlargement of a non - complying building in a way that increases its floor area and volume in a minimum required yard, subject to the following conditions: 1. That the setbacks from the front and interior side lot lines for the dwelling, exclusive of any attached garage, be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision that the non - compliance of the existing dwelling, exclusive of any attached garage, not be increased within the minimum required front yard of 7.5 metres, by any more than approximately a) 27.9 square metres in floor area, and b) 76.5 cubic metres in volume. 3. That the applicant obtains any permits and /or approvals from the Lake Simcoe Region 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 8 of 9 Page 10 of 97 4a) - Minutes of Committee of Adjustment meeting held on Thu... Committee of Adjustment Minutes — May 19, 2011 6. NEW BUSINESS: a) Steven Farquharson, Secretary- Treasurer, re: April 2011 OACA Newsletter [to be distributed at the meeting]. Motion No. CA110519 -11 Moved by Johnson, Seconded by Hastings It is recommended that the information presented by Steven Farquharson, Secretary - Treasurer, re: April 2011 OACA Newsletter be received. Carried. 7. NOTICE OF MOTION: 8. NEXT MEETING DATE: Thursday, June 16, 2011 9. ADJOURNMENT: a) Motion to Adjou Motion No. CA110519 -11 Moved by Macpherson, Second It is recommended that we do now adjourn at 12:50 p.m. Larry Tupling, Chair Carried. Steven Farquharson, Secretary Treasurer Page 9 of 9 Page 11 of 97 Twu hi�oJ ��. (9sv�.�� /orate Ihvud Hvrl� q,•, Fx hwg F,, 5a) - 2010 -A -18 - Robert E. Drury 170 Line 1 North, Part East... TOWNSHIP OF ORO- MEDONTE REPORT Application No: To: Committee of Adjustment Prepared By: 2010 -A -18 Steven Farquharson, Intermediate Planner Meeting Date: Subject: Variance Application Motion # June 16, 2011 (Robert C Drury) East Part 1/2 Lot 12, Concession 1, Plan 51 R 27532, Part 1 Roll #: R.M.S. File #: 4346 - 010 - 001 -15220 170 Line 1 North D13 41451 REQUIRED CONDITIONS: That an Ontario Land Surveyor provides verification to the Township of compliance with the Committee's decision by verifying in writing that the existing dwelling does not exceed 7.7 metres to the rear lot line. 2. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; BACKGROUND: The purpose of this report is to consider a Variance Application 2010 -A -18, for relief from the Township's Comprehensive Zoning By -law in relation to the required setback from the Environmental Protection (EP) Zone and rear yard setbacks for single detached dwellings in the Rural Residential Two (RUR2) Zone. The applicant was required to apply for a Minor Variance, as a condition of Consent for application 2010 -B -15, to recognize the reduced setback to the Environmental Protection (EP) Zone of the existing dwelling. ANALYSIS: The applicant is proposing to recognize an existing dwelling being within the required rear yard setback in the Rural Residential Two (RUR2) Zone. The existing dwelling is located within the required setback of the Environmental Protection (EP) Zone. The applicant is requesting the following relief from of Zoning By -law 97 -95: (Required) (Proposed) Section 5.28 "Setbacks to Environmental Protection (EP) Zone: 30 m 0 m Table B1- Rear Yard Setback in the Rural Residential Two (RUR2) Zone: 8.0m 7.7 m FINANCIAL: Not applicable. Development Services Meeting Date June 16, 2011 Application No. 2010 -A -18 Page 1 of 5 Page 12 of 97 5a) - 2010 -A -18 - Robert E. Drury 170 Line 1 North, Part East... POLICIES /LEGISLATION: Does the variance conform to the general intent of the Official Plan? The property is designated "Agricultural' and "Environmental Protection One" in the Official Plan. Section C1.2 of the Plan states that "permitted uses on lands designated Agricultural ... are single detached dwellings [and accessory buildings to such] ". Therefore, the existing dwelling would be considered a permitted use. On this basis the proposal is considered to conform with the intent of the Official Plan. Does the variance comply with the general intent of the Zoning By -law? The subject property is zoned Rural Residential Two (RUR2) Zone, which permit such uses as single detached dwellings and accessory buildings. The lands surrounding the 170 Line 1 North are Zoned Environmental Protection (EP) Zone, which prohibits structures /buildings from being located within 30 metres of the EP Zone. The existing dwelling does not comply with the required 30 metres setback from the EP Zone. One of the purposes of regulating structures being built within the required Environmental Protection setback is to maintain and enhance the ecological integrity of the natural heritage system, to ensure that development does not occur on lands that are unstable or susceptible to flooding and to ensure that development does not occur on hazardous slope. The application was circulated to the Nottawasaga Valley Conservation Authority (NVCA). The Authority has commented it has no objections to recognizing the existing dwelling being within the EP Zone setbacks. The purpose for the applicant applying for a 0 metre setback to the EP Zone, is to allow for some flexibility for any future residential associated structures and uses. The primary purpose of the required rear yard setback for structures /buildings is to establish that there is adequate spacing between structures on abutting lots and to ensure there is ample room for amenities such as recreational and sanitary systems. Upon site inspection it was revealed that the existing dwelling is situated further back on the property, which allows for a large front yard which can meet the amenities for recreational and sanitary systems. In addition, there are no structures or buildings immediately abutting the property to the West and therefore the issue of privacy is not an issue at the present time. In the site plan that was submitted with the application, verified that the existing dwelling otherwise meets with all other Zoning By -law provisions (such as front and interior side yard setbacks) for dwelling units in the RUR2 Zone. On the basis of the above, the proposal is considered to comply with the general intent of the Zoning By -law. Is the variance appropriate for the desirable development of the lot? Based on a site inspection, it was noted that the existing dwelling is a non - conforming structure in terms of setbacks to the Environmental Protection (EP) Zone boundary, therefore any alteration to the existing dwelling would require a variance. Due to the applicant not proposing to alter the existing dwelling, the environmental features do not appear to be adversely affected. As stated above, the NVCA has no objection to the proposed variance. The existing trees that surround the property will provide an adequate buffering to the abutting land uses. The property that surrounds the rear lot line is currently used for agricultural purposes and Development Services Application No. 2010 -A -18 Meeting Date June 16, 2011 Page 2 of 5 Page 13 of 97 5a) - 2010 -A -18 - Robert E. Drury 170 Line 1 North, Part East... therefore the proposed rear year setback would appear not to have any negative effects on its operations. The existing dwelling in relation to the large lot will still maintain the character of the neighbourhood. On the basis of the above, the proposal is considered to be appropriate for the desirable development on the lot. Is the variance minor? As this application maintains the intent of the Official Plan and Zoning By -law, the proposed variance is considered to be minor. CONSULTATIONS: Transportation and Environmental Services - Building Department - Engineering Department — Nottawasaga Valley Conservation Authority- No Objection ATTACHMENTS: Schedule 1: Location Map Schedule 2: Context Map CONCLUSION: In the opinion of the Planning Department, Variance Application 2010 -A -18, to recognize an existing dwelling which is located within the Environmental Protection (EP) Zone required setbacks with the required setback reduced from 30 metres to 0 metres, and a rear year setback reduced from the required 8.0 metres to 7.7 metres, appears to meet the four tests of the Planning Act. Respectfully submitted: Steven arquharson, B.URPL Intermediate Planner Reviewed by: Glenn White, MCIP, RPP Manager, Planning Services Development Services Meeting Date June 16, 2011 Application No. 2010 -A -18 Page 3 of 5 Page 14 of 97 5a) - 2010 -A -18 - Robert E. Drury 170 Line 1 North, Part East... SCHEDULE 1: LOCATION MAP 2010 -A -18 (Drury) Development Services Meeting Date June 16, 2011 Application No. 2010 -A -18 Page 4 of 5 Page 15 of 97 LANDS SUBJECT TO VARIANCEAPPLICATION 2010 -A -18 W _z J HIGHWAY-11 HIGHWAY -11 I Development Services Meeting Date June 16, 2011 Application No. 2010 -A -18 Page 4 of 5 Page 15 of 97 910 9 afied LLOZ `9L aunt ejea 6ui;aaw 5a) - 2010 -A -18 - Robert E. Drury 170 Line 1 North, Part East... 8 VV-0 LOZ 'oN uoileoi)ddb 9831AASS Iuawdo)anaQ .� 'i1 ! SOn ya_ --o ,� ,(4 - - ;. ....«•J� i`tiM ro4 H �''.... !. W � T. ',row ''vy. ✓r .`a.17.� + .r 4 r� 7a" �k • rye �.« �f<:r •'JF• 7 ,Rw^ yhr °• a f L ati4 x �•''} 'a. �'L„�`bMr♦ r j ?w.x�f. 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's� •y �, Ok fn ; ^.y . •�'T' •. � a '� "4. a �`wa� ;:..•y . �► � x"`•. . �� "� .ro'�•A'•M,uti., �y�";�.;'.•$ Y� , � t;w� 74';r e3w.4 � ''ary. '. � 31NOZ (d3) NOLLO31OUd WiN3MMJIAN3 (smvi io3we is) r W §? A 3NOZ (Z21f12i)OMl_WLLN3als3il lVmnH k 'Y.... •+..l�r"'�- i''a -.•� w'.. "`�`'.vA'. 'w,':���•' ., wA,. ''r� .. .y+, Y.f..; ,�,., }'rirt• (lunaa) 9L-v-OLO3 dVN 1XD1NOO :Z mnC13HOS Page 16 of 97 5a) - 2010 -A -18 - Robert E. Drury 170 Line 1 North, Part East... Wiebe, Alan From: Timothy Salkeld < tsalkeld @nvca.on.ca> Sent: Monday, May 02, 20111:58 PM To: Wiebe, Alan Cc: Farquharson, Steven Subject: RE: May 19, 2011 Committee of Adjustment - Township of Oro - Medonte Attachments: image003.gif; image002jpg Hi Alan. The NVCA has reviewed this application for minor variance in conjunction with consent application 2010 -13-15 which received conditional approval. The application indicates the nature of relief being requested in #4 seems to reflect the old lot configuration (e.g. 8 metres to 7.75 metres). Notwithstanding this, the NVCA understands the approval of the application would also recognize the location of the existing dwelling in relation to the EP zone. The NVCA has no objection to the approval of the application. Regards; Tim Salkeld Resource Planner Nottawasaga Valley Conservation Authority 8195 8th Line Utopia, ON LOM 1TO (705) 424 -1479 ext 233 (705) 424 -2115 tsalkeld @ nvca.on.ca p, A04 e ti This e -mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of the original message From: Wiebe, Alan [mailto:awiebe @oro- medonte.ca] Sent: Wednesday, April 27, 2011 2:50 PM To: Timothy Salkeld Cc: Farquharson, Steven Subject: May 19, 2011 Committee of Adjustment - Township of Oro - Medonte Hello Tim: Please find attached zipped files containing scanned copies documents submitted in relation to the following Applications for Variance: • 2010 -A -18 (Drury) • 2011 -A -10 (Love) Page 17 of 97 5a) - 2010 -A -18 - Robert E. Drury 170 Line 1 North, Part East... Page 18 of 97 5a) - 2010 -A -18 - Robert E. Drury 170 Line 1 North, Part East... Page 19 of 97 JY �: A'A ,. �r tom✓ �._. ,w''k f w x y a.:, `- O I y%d5 4-j %%U.0010 i LU 0 Q 4- 0 U N a� Ln a� a o �. Q- � 1 Page 19 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... TOWNSHIP OF ORO- MEDONTE REPORT Pn�ud Hrrle Sr, li.rtliinq Fin�rr Application No: To: Committee of Adjustment Prepared By: 2011 -A -14 Alan Wiebe, Planner Meeting Date: Subject: Variance Application Motion # June 16, 2011 (Sandra and Tibor Harmathy) 641 Line 13 North (Former Township of Medonte) Roll #: R.M.S. File #: 4346 - 010- 005 -20400 D13 -41695 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 1. That, notwithstanding Table B5, and Sections 5.16.1 c), and Section 5.28 of Zoning By -law 97- 95, the single detached dwelling on the subject property shall comply with all other applicable provisions of Zoning By -law 97 -95; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision: a. by 1) pinning the footings, and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report, that the footprint of the dwelling will not exceed approximately 210.12 square metres; and b. verifying in writing by real property report, that the height of the dwelling will not exceed approximately 11.0 metres. 3. That the applicant obtain any permits and /or approvals, if required, from Lake Simcoe Region Conservation Authority; and 4. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. BACKGROUND: The subject property occupies an area of approximately 32.11 hectares (79.35 acres), has frontages along Line 13 North of approximately 298.7 metres (980 feet) and 91.4 metres (300 feet), respectively, and has a depth ranging from 227.9 metres (748 feet) to 670.5 metres (2,200 feet). The property has portions of land zoned Agricultural /Rural (A/RU) Zone, Mineral Aggregate Resource Two (MAR2) Zone, and Environmental Protection (EP) Zone, and currently contains a dwelling that is entirely located within the Environmental Protection (EP) Zone, in addition to one agricultural building. The applicant is proposing to modify the existing dwelling, consisting of an increase in height from 4.88 metres to 10.5 metres, an increase in footprint from approximately 193 square metres to 210 square metres, and an increase in floor area from approximately 375 square metres to 574 square metres. Development Services Application No. 2011 -A -14 Date June 16, 2011 Page 1 of 8 Page 20 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... ANALYSIS: The purpose of this report is to consider Variance Application 2011 -A -14, -for relief from the Township's Comprehensive Zoning By -law in relation to the maximum height for a building in the Environmental Protection (EP) Zone, the increase in a situation of non - compliance of an existing building, and in relation to the minimum required setback from the limits of the Environmental Protection (EP) Zone. The applicant is requesting the following relief from Zoning By -law 97 -95: Zone: Environmental Protection (EP) Zone Required 1. Table B5 — Maximum height 7.5 metres 2. Section 5.16.1 c) — increase in situation of non- No increase compliance permitted 3. Section 5.28 — building or structure within 30 metres of Not permitted Environmental Protection (EP) Zone FINANCIAL: Not applicable. POLICIES /LEGISLATION: Do the variances conform to the general intent of the Official Plan? Proposed 11.0 metres Increase in floor area and volume Expansion of building within EP Zone The subject property has portions of land designated Agricultural, Oro Moraine Core /Corridor Area, Oro Moraine Enhancement Area, and Environmental Protection Two Overlay in the Township's Official Plan, and the existing dwelling is located in a portion of the property designated Oro Moraine Core /Corridor Area. With respect to the Oro Moraine Core /Corridor Area designation, Section 81.10.1.3 of the Official Plan states that "Permitted uses ... are limited to ... single detached dwellings and accessory uses on existing lots..." as well as other uses including "fish and wildlife management' and "conservation uses". With respect to the Environmental Protection Two Overlay designation, Section B3.3 of the Official Plan states that the "uses permitted in these areas shall be those permitted by the underlying designation". 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. As the property has area regulated by the Lake Simcoe Region Conservation Authority ( LSRCA), a permit would be required from the LSRCA prior to the submission of an Application for a Permit to Construct. On the basis that a single detached dwelling is a permitted use in the Oro Moraine Core /Corridor Area designation, and that a permit would be required from the LSRCA prior to obtaining a Building Permit for the proposed work, the proposed variance is considered to conform to the general intent of the Official Plan. Development Services Meeting Date June 16, 2011 Application No. 2011 -A -14 Page 2 of 8 Page 21 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... Do the variances meet the general intent of the Zoning By -law? The subject property has portions of land zoned Agricultural /Rural (A/RU) Zone, Mineral Aggregate Resource Two (MAR2) Zone, and Environmental Protection (EP) Zone and, as previously noted, the existing dwelling is located entirely within the Environmental Protection (EP) Zone. The applicant is proposing to construct a second storey on the existing dwelling, and to increase the footprint of the existing dwelling, which is entirely located within the Environmental Protection (EP) Zone. Based on a submission by the applicant, the proposal would result in an increase in a situation of non - compliance of the existing dwelling as outlined below, leading to the application for variances from the provisions of Table B5 (maximum height in EP Zone), Section 5.16.1 c) (no increase in a situation of non - compliance permitted), and Section 5.28 (no building or structure permitted within 30 metres of limit of EP Zone): Table B1 of the Zoning By -law requires that no building or structure located within the Environmental Protection (EP) Zone be constructed any higher than 7.5 metres. The purpose of this maximum height provision is to ensure that buildings or structures located within this zone will be limited in their visual prominence and in their impact on environmental features this zoning classification is intended to protect. Section 5.16.1 of the Zoning By -law, "Non- Complying Buildings and Structures" contains provisions for the potential enlargement, repair, replacement, or renovation of existing buildings and structures that do not presently comply with the provisions of the Zoning By -law. Specifically, this Section permits their modification as outlined above, provided that such work " ... c) does not ... increase a situation of non - compliance ... ". The purpose for this provision is to ensure that buildings and structures that existed on the effective date of the Township's Zoning By -law 97 -95 can be modified from their original form, provided that such work does not result in an increased impact on the natural feature, character, or visual prominence of buildings and structures in the immediate area, through such modification. 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 purpose 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. On the basis of the points outlined below, the proposed variances are considered to meet the general intent of the Zoning By -law: Development Services Meeting Date June 16, 2011 Application No. 2011 -A -14 Page 3 of 8 Page 22 of 97 - Existing Proposed Ground floor area (footprint) 193.02 square metres 210.12 square metres Gross floor area total area of all floors) 375.07 square metres 573.99 square metres Height 4.88 metres 10.5 metres Volume 1,072.59 square-metres 1,933.40 square metres Table B1 of the Zoning By -law requires that no building or structure located within the Environmental Protection (EP) Zone be constructed any higher than 7.5 metres. The purpose of this maximum height provision is to ensure that buildings or structures located within this zone will be limited in their visual prominence and in their impact on environmental features this zoning classification is intended to protect. Section 5.16.1 of the Zoning By -law, "Non- Complying Buildings and Structures" contains provisions for the potential enlargement, repair, replacement, or renovation of existing buildings and structures that do not presently comply with the provisions of the Zoning By -law. Specifically, this Section permits their modification as outlined above, provided that such work " ... c) does not ... increase a situation of non - compliance ... ". The purpose for this provision is to ensure that buildings and structures that existed on the effective date of the Township's Zoning By -law 97 -95 can be modified from their original form, provided that such work does not result in an increased impact on the natural feature, character, or visual prominence of buildings and structures in the immediate area, through such modification. 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 purpose 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. On the basis of the points outlined below, the proposed variances are considered to meet the general intent of the Zoning By -law: Development Services Meeting Date June 16, 2011 Application No. 2011 -A -14 Page 3 of 8 Page 22 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... • a permit would be required from the LSRCA prior to the submission of an Application for a Permit to Construct; • the variances requested would not result in a decrease in the existing setback from the dwelling to the top of bank of the nearby watercourse (see Schedule 3 to this Report); • the proposed height for the dwelling does not exceed the height permitted for single detached dwellings in the residential zones and the Agricultural /Rural (A/RU) Zone; and • the proposed modifications to the existing dwelling otherwise comply with the provisions of the Zoning By -law. Are the variances appropriate for the desirable development of the lot? As the proposed variances are considered to conform to the general intent of the Township's Official Plan, and to meet the general intent of the Township's Zoning By -law, the proposed variances are considered appropriate for the desirable development of the lot. Are the variances minor? As the proposed variances would not result in a decrease in the setback from the existing dwelling to the top of bank of the watercourse, the proposed variances are considered to be minor. CONSULTATIONS: Transportation and Environmental Services — Building Department — Engineering Department — Lake Simcoe Region Conservation Authority — ATTACHMENTS: Schedule 1: Location Map Schedule 2: Zone Boundary Map (with Aerial Image) Schedule 3: Site Plan Schedule 4: Existing Elevation Schedule 5: Proposed Elevation CONCLUSION: In the opinion of the Planning Department, Variance Application 2011 -A -14, specifically, to permit the enlargement of a dwelling within the Environmental Protection (EP) Zone, appears to meet the four tests of the Planning Act. Re pectfully submitted: Alan b Planner Development Services Application No. 2011 -A -14 Reviewed by: Glenn White, MCIP, RPP Manager, Planning Services Meeting Date June 16, 2011 Page 4 of 8 Page 23 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... SCHEDULE 1: LOCATION MAP 2011 -A -14 ( Harmathy) Development Services Meeting Date June 16, 2011 Application No. 2011 -A -14 Page 5 of 8 Page 24 of 97 OLD = BARRIE ROAD- w- CW M Z z J PROPERTY^ Q�Q' SUBJECT 15`/- -116- SIDEROAD Development Services Meeting Date June 16, 2011 Application No. 2011 -A -14 Page 5 of 8 Page 24 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... SCHEDULE 2: ZONE BOUNDARY MAP (WITH AERIAL IMAGE) 2011 -A -14 (1-larmathy) Development Services Application No. 2011 -A -14 Meeting Date June 16, 2011 Page 6 of 8 Page 25 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... SCHEDULE 3: SITE PLAN 2011 -A -14 (Harmathy) uro-Y �iaiiiia�a'wa4w xa �o i II Development Services Application No. 2011 -A -14 4 R qj V J 2 V mza r 0 � y g 'i - -- -> j ZO I Al �II m i O E F E E t E 21 E E N ° 64 \� 1 Ui 0! wn Auld Cr CL o $$ i a uro-Y �iaiiiia�a'wa4w xa �o i II Development Services Application No. 2011 -A -14 � o q G 7 SNU I� CL W r L- 3: ;a Meeting Date June 16, 2011 Page 7 of 8 Page 26 of 97 R g ZO I Al �II m i O E F E E t E 21 E E N ° 64 Ui 0! wn Auld Cr CL o $$ i a Y a. ;o - a i � o q G 7 SNU I� CL W r L- 3: ;a Meeting Date June 16, 2011 Page 7 of 8 Page 26 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... SCHEDULE 4: EXISTING ELEVATION 2011 -A -14 (Harmathy) •= .'-";- - -- rte. ;�li ;� s�i I�1 i _ �. Flo � "�7Ey''E;Iti4 f1:m�iG�,L,rq f,LYA1'iG. SCHEDULE 5: PROPOSED ELEVATION 2011 -A -14 (Harmathy) Izi 9 v Development Services Meeting Date June 16, 2011 Application No. 2011 -A -14 Page 8 of 8 Page 27 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... RODERICK H. YOUNG BES, B. Arch., OAA, MRAIC A R C H I T E C T _Question 4 MINOR VARIANCE APPLICATION 641 LINE 13 N, ORO- MEDONTE DR. & MRS. HARMATHY RESIDENCE P.O. Box 10 (102 Ladle Street) ORILLIA, Ontario L3V 6H9 Ph. (705) 325 -0761 Fax (705) 327 -5114 young.rya @bellnet. ca Zoning Bylaw Reference Variance Requested Standards for the Environmental Permission to increase the Maximum Height Protection, Open Space, Private of building in Environmental Protection Zone Recreation and Institutional Zone from 7.5 meters to 11.0 meters (this matches - Section 4 (Table B5) maximum height of all other Zones in Bylaw). Non - Complying Buildings and Structures Permission to increase a situation of non- Enlargement, Repair and Renovation compliance by increasing both the floor area - Subsection 5.16.1(b) & (c) and volume of a non - complying building. Setbacks from Limits of Environmental Permission to increase both the volume and Protection Zone floor area of a building within the - Subsection 5.28 Environmental Protection Zone. Setback from Water Courses Permission to increase both the volume and - Subsection 5.33 floor area of a building that existed prior to the effective date of this Bylaw that is located within the minimum setback for the top of bank. Existing setback is 21 meters, where Zoning Bylaw requires 30 meters. NOTE: Subsections 5.16.1(b) & c) and 5.28 - Floor Area of building increases from 375.07 sm to 573.99 sm (198.92 sm increase). - Volume of building increases from 1072.59 cubic meters to 1933.40 cubic meters (860.81 cubic meter increase). Page 28 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... LERODERICK H. YOUNG BES, B. Arch., OAA, MRAIC A R C H I T E C T Question 5 MINOR VARIANCE APPLICATION 641 LINE 13 N, ORO- MEDONTE DR. & MRS. HARMATHY RESIDENCE The reasons for the variances requested are as follows: P.O. Box 10 (102 Lac] ie Street) ORILLIA, Ontario L3V 6H9 Ph. (705) 325 -0761 Fax (705) 327 -5114 young.rya @bellnet. ca Zoning Bylaw Reference Variance Requested Standards for the Environmental Design of suitable roof for second floor Protection, Open Space, Private requires a height excess of the maximum Recreation and Institutional Zone allowable height. - Section 4 (Table B5) Non - Complying Buildings and Structures The location of the existing dwelling, Enlargement, Repair and Renovation constructed in 1975 deems it to be a "non- - Subsection 5.16.1(b) & (c) complying building" under the regulations of the Zoning Bylaw. Desired renovations to the existing building increases the situation of non - compliance. Setbacks from Limits of Environmental The location of the existing dwelling, Protection Zone constructed in 1975 in the Environmental - Subsection 5.28 Protection Zone requires permission to undertake desired renovations that will increase the floor area and volume. Setback from Water Courses The location of the existing dwelling - Subsection 5.33 constructed in 1975 places it within the required setback of 30 meters from the top of bank of a water course. Permission is required to increase both floor area and volume of the building within the required yard. Page 29 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... _ RODERICK H. YOUNG BES, B. Arch., OAA, MRAic P.O. Box 10 (102 Ladie Street) ORILLIA, Ontario A R C H I T E C T L3V 6H9 Ph. (705) 325 -0761 Fax (705) 327 -5114 young. rya @bellnet. ca Question 7 1. MINOR VARIANCE APPLICATION 641 LINE 13 N, ORO- MEDONTE DR. & MRS. HARMATHY RESIDENCE EXISTING BUILDINGS (Includes Sunroom) Residence Barn Ground Floor Area 193.02 sm 126 sm Gross Floor Area Basement 182.05 sm First Floor 126 sm First Floor 193.02 sm Loft 83 sin 375.07 sm 209 sin No. Storeys 1 Storey & Walkout Basement 1 Storey & Hay Loft Width 19 m 12.4 m Length 19 m 10.1 m Height 4.88 m 5.6 m PROPOSED BUILDINGS (Includes Sunroom) All as Existing. Ground Floor Area 210.12 sm Gross Floor Area Basement 182.05 sm First Floor 210.12 sm Second Floor 181.82 sm 573.99 sm No. Storeys 2 Storeys & Walkout Basement Width 19 m Length 19 m Height 10.5 m Continued... 2. Page 30 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... Question 7 ... continued. TOTAL FLOOR AREA = 193.20 sm 2. EXISTING HOUSE VOLUME Basement & First Floor 4.78 m x 182.05 sm = 870.19 m3 Sunroom Addition 2.29 m x 11.15 sm = 25.53 m3 Main Roof 6.46 sm x 24.77 m (ridgeline) = 160.01 m' Hip Ends 4 x 2.23 m' (corners) = 8.92 m3 Hip 2x(1.24m3x3.2m)= 2x3.97 m3 = 7.94 m3 176.87 m3 Total Existing House Volume 1072.59 m3 PROPOSED HOUSE VOLUME Basement & First Floor 4.78 m x 198.97 sm = 990.87 m3 Sunroom Addition 2.29 m x 11.15 sm = 25.53 m3 Roof / Second Floor 29.11 m x 30.48 sm = 887.27 m3 Dormers 6.45 m x 4.61 sm = 29.73 m3 917.00 m3 Total Proposed House Volume 1933.40 m3 DIFFERENCE 1933.40 - 1072.59 = 860.81 m3 Page 31 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... Page 32 of 97 a o 50 °.?S HE�etl ii xi>�2�a� 0o z O fi2 � �_ Sw °C � e m p ❑ y IP 01, °g. I� � 1 MI I` gg " 14 y�1 it L $3 � "i ro$ Page 32 of 97 5 }b -DV- g -s@m and Tibor mnathy 641 Line g a#. ` §;!; \ ? • a3 : CO R |$ [ [) 2 � P § A a G ))r ® °§Q;7;® » (; 1 ! ! 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OCbI ETA 5/l1;EPlMS:;'' IXi92 ii P:AN S'RD58 ^ .PN3 falYtS-5vl 0.06 y 0035 p BLOCK 58598 p O T� V= "wara, LC o MINISTRY OF - LEGEND NO TEES CO ANC C0 MERCIft coMMEftcIAL PROPERTY INDEX MAP w ��zw«�,.�.ww... _ —.— =o„E �, wu usesµ u. r="x ONTARIO RELATIONS .a,.wrrw,. w.ww D!'n or zu" BLOCK 58539 P'4Y .u"vim" Pxovmry vww_� = THIS woEx MAP SHOWS ALL TOWNSHIP OF PROPERTIES EXISTING IN I _ _ _ _ __ _ _ rmz..:..w.aff. wnr BLOCK 58539 - SHEET 2 _ ORO- MEDONTE ON JUNE I. 2000. .zr_ umwaa vuxs um ooauu.rs _ COUNTY OF SIMCOE 0 SCALE (OFFICE 51) ` °N� mci, wem �wniaxwx l,mem" w =mx mnvareo r"wurr 5000 Page 42 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... Page 43 of 97 W z FI I z a O A ce) 01 C) iq ■ t? l 1 1a ©d �X4 4 C� .0 91 Run n e I I 0 rx --I IZ g u , Gx W N I y n 'N Z U1 4 sun $ O � .I i � 1 E p ? X t g X � J 0 _ [K X J m i X � J £ or RN co V g X Q\ J 0 ? RN d Ytp a � o 4 II c � ' UO° J 'N a RNn . o m � q v 0 dI v v a ON aa d C4 x w c o d 2 A �w a ..0 ✓c �^ � 1.4 ° cf " Q Ce� v 7 a P4 a ; c . K G� I I 1 a P4 C a Iz 4 a w A U ° w o � . Page 43 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... o ®® � , „, Page 44 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... Residence Dr. T. Harmathy Addition Existinq Exterior Conditions 11-108 Photos - 2011 March 15 Pi r tr I I� !y R+ / 12 011-0 8J PG BL- (S 'A 1 1 1 1. of 0 Page 45 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... Dr. T. Harmathy Residence Addition Existing Exterior Conditions 11 -108 Photos Taken 2011 March 15 Pic03 2011 -03 -15 11108,JPG Pic04 2011 -03 -15 11108JPG Page 46 of 97 2of10 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... Dr. T. Harmathy Residence Addition Existing Exterior Conditions 11 -108 Photos Taken 2011 March 15 Pic05 2011 -03 -15 11108.JPG ;i Pic06 2011 -03 -15 11108JPG 3of10 Page 47 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... Dr. T. Harmathy Residence Addition Existina Exterior Conditions 11-108 Photos - i f Pic082011-03-151 O: - 4 of 10 Page 48 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... Dr. T. Harmathy Residence Addition Existina Exterior Conditions 11-108 Photos i aP' k i�. ea 19 1 1 1: - c- sus F 1t v j� I ' >r Picl 02011-03-1511108JPG of 1 Page 49 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... Dr. T. Harmathy Residence Addition Existing Exterior Conditions 11 -108 Photos Taken 2011 March 15 i Pic11 2011 -03 -15 11108.JPG .f - w Pic12 2011 -03 -15 11108JPG 6of10 Page 50 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... Dr. T. Harmathy Residence Addition Existing Exterior Conditions 11 -108 Photos Taken 2011 March 15 Pic13 2011 -03 -15 11108.JPG Pic14 2011 -03 -15 11108JPG Page 51 of 97 7 of 10 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... Dr. T. Harmathy Residence Addition Existing Exterior Conditions 11 -108 Photos Taken 2011 March 15 Pic15 2011 -03 -15 11108.JPG Pic16 2011 -03 -15 11108JPG Page 52 of 97 8of10 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... Dr. T. Harmathy Residence Addition Existing Exterior Conditions 11 -108 Photos Taken 2011 March 15 sr - � Ili v = Pic17 2011 -03 -15 11108.JPG - c �M 4 Pic18 2011 -03 -15 11108JPG 9 of 10 Page 53 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... Dr. T. Harmathy Residence Addition Existing Exterior Conditions 11 -108 Photos Taken 2011 March 15 Pic19 2011 -03 -15 11108.JPG Page 54 of 97 10 of 10 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... _ RODERICK H. YOUNG BES, B. Arch., oAA, MRAIC P.O.. Box 10 (102 Laclie Street) ORILLIA, Ontario A R C H I T E C T L3V 61-19 Ph. (705) 325 -0761 Fax (705) 327 -5114 young.rya @bellnet. ca W. Steven Farquharson, Intermediate Planner 26 May 2011 The Township of Oro - Medonte PO Box 100, 148 Line 7 South ORO- MEDONTE, Ontario LOL 2X0 Dear Mr. Farquharson: RE: APPLICATION FOR MINOR VARIANCE 641 LINE 13 N., ORO- MEDONTE (Part Lot 13, Con. 14) DR. & MRS. HARMATHY RESIDENCE We are the Authorized Agents for the Owners of the above noted property. Please find attached copies of the following documents in support of the above noted Application. 1. Application for Minor Variance, completed and signed. 2. Cheque in favour of The Township of Oro- Medonte in the amount of $600.00. 3. Sketch of subject property by W. Douglas Smith Ltd. OLS. 4. Sketch of topographic features adjacent to existing dwelling by Dearden and Stanton Limited OLS. 5. Drawings by Roderick H. Young Architect showing existing dwelling: SK 401 Existing Site Plan SK -102 Existing Basement Floor Plan SK -103 Existing First Floor Plan SK -104 Existing Building Elevations 6. Drawings by Roderick H. Young Architect showing the proposed alterations: SK -201 First and Second Floor Plan SK -202 Roof Plan SK -203 Exterior Elevations SK -204 Typical Cross Section 7. Copy of Transfer / Deed of Land. 8. 11" x 17" sketch SK -901 suitable for circulation showing alterations and location of building. 9. Copy of Property Index Map, Block 58539 with subject property noted. 10. Zoning Map A -13. 11. Air photo showing LSRCA "regulated area" (Maps 101 and 108). 12. Photos of existing residence. Page 1 of 2 Page 55 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... Mr. Steven Farquharson, Intermediate Planner 26 May 2011 The Township of Oro - Medonte Page 2 of 2 Scope of Proposed Work The existing residence located in the Environmental Protection Zone, was constructed in 1975 and has been occupied by the current owners since 1986, is to be renovated and expanded. The proposed work involves the following changes that require permission for variances from the Township Zoning Bylaw: A. One story addition (with basement) with a main floor area of 17.10 square meters to the east side of the existing structure. B. New second floor area of 181.82 square meters over existing main floor. C. New roof over entire main floor of building with a height of 10.5 meters. Variances Reouired The Application contemplates variances from several regulations of the Township Zoning Bylaw. We have discussed the variances required with Mr. Alan Wiebe of your office. Mr.Wiebe was very helpful to the writer in the preparation of this Application. One or more of the variances requested may, upon your review of the Application, not be required, however, for the sake of completeness we have included all of the possible variances to allow you to fully review the variances necessary to carry out the proposed alterations to the building. It should be noted that the property is over 32 hectares in area, contains only the subject residence, and a small barn. The residence is not visible from either Line 13 nor the adjacent properties. We request that this Application be placed before the Committee of Adjustment at the hearing scheduled for June 16, 2011. Please do not hesitate to call if you have any questions or require further information on the project. Thank you. Yours very truly, i�F Roderick H. Young Registered Architect Cony: Dr. & Mrs. Harmathy, Owner F: 11-1 08/Farquharson.01 Mr. G. Downard, R &F Construction Attachments. Mr. Ian Walker, Lake Simcoe Region Conservation Authority Page 56 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... Page 57 of 97 0 N F_ ° Z J J W ° 1c O H D R Q Z 0 N u N ,Z N JQQwo N zF rco W J ncoN J ¢ N 7 W O�0Qx W ° D t7 FxOU `-'aaa O °J - W —v0m� -a» c do Q° d Ncs F 3 °M 0 z 0 O JO tL W d W N a- ® Q m ao�� o O W (f) D O O� \\ LL Z O� � Z `r W Y LU r COPY Wi K p O F 7 Q °x N 2 \� ��d � �8 /Wl unleea 1 G 9g0 d K v o _ N -D -_ r �iy ^ m CNJ 90 c O rj, 1 �, O ,c� 1 \ r /i11 tl -1 Y Page 57 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... Page 58 of 97 y� A � b � T E l 4 • %%U.0010 LU+- lk � '• a r ^A � s Page 58 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... Page 59 of 97 .�5 m ��� I Fear -•. �, , • .z IN -- fP �� ]me I • g ♦w Il 1 ;. —�— . �- • � -mss = „���- ,� iffy N _ r 1... N e�ft I Page 59 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... Page 60 of 97 41 ° r r = • E sc � s a ' I � f 4� { vim, Page 60 of 97 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... Page 61 of 97 r • 6 ; e.' V 5njr� _ 'fig � • :r,,�;T ;,,� .� _ it j l4� 7. a �Y •i' •, �Ha d L ; r � � �� • bl' '� -,i� Vii. •�a,� � Pia �` Page 61 of 97 Lake Simcoe Region Conservation Authority Sent by email sforquharson @oro- medonte.ca June 9, 2011 Mr. Steven Farquharson Secretary - Treasurer, Committee of Adjustment Corporation of the Township of Oro - Medonte P.O. Box 100 Oro, ON LOL 2X0 Dear Mr. Farquharson: 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... File No.: 2011 -A -14 IMS No. PVOC816C3 RE: Minor Variance Application — Increase Maximum Height, Floor Area and Volume, and Expansion of Building Within Environmental Protection Zone Sandra & Tibor Harmathy, Owners Part of Lot 13, Concession 14 (Former Township of Oro) 641 Line 13 North Township of Oro- Medonte, County of Simcoe Thank you for conferring with the Lake Simcoe Region Conservation Authority (LSRCA) with regard to the above noted Minor Variance application. It is our understanding that the purpose and effect of this application will allow for the construction of additions to the existing single family dwelling located within an Environmental Protection zone on an existing lot of record. We have reviewed this application for consistency with the Public Health and Safety Policies (Natural Hazards) of the Provincial Policy Statement (PPS), conformity with the Lake Simcoe Protection Plan (LSPP), and in accordance with Ontario Regulation 179/06 made under the Conservation Authorities Act. As you are aware, the subject property is located within the jurisdiction of the LSRCA, and is partially located within an area regulated under this Authority's Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 179/06) made under the Conservation Authorities Act. This property is regulated for a watercourse (Bluffs Creek) with associated meanderbelt (erosion allowance), regulatory floodplain (FE = 254.44 to 246.06 mast), apparent valley system, and Evaluated Wetland (Bluffs Creek West Wetland). A permit will be required for any future development within the regulated portions of the above noted property, prior to issuance of a municipal building permit. 120 Bayview Parkway Box 282, Newmarket, Ontario UY 4X1 Tel: 905.895.1281 1.800.465.0437 Fax: 905,853.5881 E -Mail: Info @lsrca.on.ca Web: www.lsrca.on.ca Page 1 of 2 �g51.2011 Proud Past • Focused Future Page 62 of 97 June 9, 2011 File No.: 2011 -A -14 IMS No.: PVOC816C3 Mr. Steven Farquharson Page 2 of 2 5b) - 2011 -A -14 - Sandra and Tibor Harmathy 641 Line 13 North... Lake Simcoe Region conservation Authority Policy 6.45 -DP of the Lake Simcoe Protection Plan (LSPP) permits development in relation to existing uses, as long as it does not expand into a key natural heritage feature, key hydrologic feature and any Minimum Vegetation Protection Zone (MVPZ) associated with a feature. The Plan will permit this development within the MVPZ if there is no alternative to the alteration, in which case the use shall be directed away from the feature to the maximum extent possible and limited in scope. Based on the site plan drawing; the proposed additions are above the existing structure, and within the developed portion of this site (outside of any key heritage or hydrologic feature). This proposal would not be prevented by the LSPP. Section 3.1.1b. of the Provincial Policy Statement (PPS) requires that development shall generally be directed to areas outside of hazardous lands adjacent to rivers /streams which are impacted by flooding hazards and /or erosion hazards. The proposed additions to the existing structure will be located outside of the regulatory floodplain, outside of the 100 -year erosion allowance (meanderbelt) and beyond the stable top -of -bank of the adjacent watercourse. This proposal would not be prevented by Section 3 of the PPS. On this basis, the LSRCA has no objection to the above noted Minor Variance application, subject to the following conditions: J. That a permit be obtained under Ontario Regulation 179/06 from the LSRCA, prior to the issuance of a municipal building permit for the construction of the proposed additions, and any proposed development or site grading within the regulated portion of the above noted property. 2. That prior to any site alteration, proper erosion and sediment control measures must be in place. If you have any questions, comments, or require anything further from the LSRCA, please do not hesitate to contact the undersigned at 905 - 895 - ,1281, extension 287, or by e-mail at i.walker @lsrca.on.ca. Please reference the above file numbers in future correspondence. I trust this meets your requirements at this time. Please advise us of your decision in this matter. Yours truly, . P&L" Ian Walker, BSc. Environmental Planner IW /ph C.. Sandra & Tibor Harmathy, Owners, hannathy @Dnail.co:m Charles Burgess, Senior Planning Coordinator, LSRCA Si \Env Plan \Plan Appis \Planning Letters \Minor Variances\ Oro- Medonte \2011 \PVOC816. 2011- A- 14. 641Line13North .Hatmathy.IW- 1.docx Page 63 of 97 T warhip of (9fY���c%•ate� Proud Iinifq,r. Earlluig Fnnrrr 5c) - 2011 -A -15 - Harold Huber 21 Lakeshore Road East, Plan 6... TOWNSHIP OF ORO- MEDONTE REPORT Application No: To: Committee of Adjustment Prepared By: 2011 -A -15 Steven Farquharson, Intermediate Planner Meeting Date: Subject: Variance Application Motion # June 16, 2011 (Harold Huber) Plan 627, Lot 9 21 Lakeshore Road East Roll #: R.M.S. File #: 4346- 010 -009 -4250 (Oro) D13 -41696 REQUIRED CONDITIONS: BACKGROUND: The purpose of this report is to consider a Variance Application 2011 -A -15, for relief from the Township's Comprehensive Zoning By -law in relation to constructing an addition onto an existing private garage, which is proposed to be located within the required front yard setback and an increase in the maximum allowable lot coverage. The applicant is also requesting relief from the Zoning By -law in relation to the minimum required setback from the average high water mark of Lake Simcoe for the construction of an attached deck onto an existing dwelling. The subject property was granted a variance (A- 49/99) for relief from the setback to the average high water mark of Lake Simcoe, for the reconstruction of the existing dwelling. The Committee of Adjustment granted a reduced setback of 16.4 metres to the average high water mark. A variance (A- 39/00) was also granted for relief from the exterior side yard setback for the private garage which is currently located in the front yard. The variance allowed for the private garage to be located 1.5 metres from the exterior side lot line. ANALYSIS: PURPOSE OF APPLICATION: The applicant is proposing to construct an addition onto an existing private garage for the parking of motor vehicles. The applicant is also requesting to construct an addition onto an existing deck, which is proposed to be within the required setbacks of Lake Simcoe. The applicant is requesting the following relief from Zoning By -law 97 -95: 5.1.3 Accessory Structures and Uses Permitted Locations Required Proposed a) Setback distance equal to front yard 7.5 metres 5.5 metres 5.1.5 Maximum Lot Coverage 5% 6.0% Development Services Meeting Date June 16, 2011 Application No. 2011 -A -15 Page 1 of 4 Page 64 of 97 5c) - 2011 -A -15 - Harold Huber 21 Lakeshore Road East, Plan 6... 5.7 Decks Decks attached to a single detached dwelling are not permitted within 20 metres of the average high water mark of Lake Simcoe. The applicant is proposing a setback of approximately 12.0 metres from the average high water mark of Lake Simcoe. FINANCIAL: Not applicable. POLICIES /LEGISLATION: Does the variance conform to the general intent of the Official Plan? The property is designated Shoreline in the Official Plan. Does the variance comply with the general intent of the Zoning By -law? The subject property is zoned Shoreline Residential (SR) Zone. Is the variance appropriate for the desirable development of the lot? Is the variance minor? CONSULTATIONS: Transportation and Environmental Services - Building Department - Engineering Department — ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan CONCLUSION: Upon a site visit conducted by the applicants agent, Planning Staff and the Lake Simcoe Region Conservation Authority (LSRCA), the applicant is now considering revising their application. At the time of writing this report, revised material had not been submitted for consideration by the Township and LSRCA. A report will be distributed to the Committee members at the schedule meeting on June 16, 2011, pending the Township and LSRCA receiving a revised application. Respectfully submitted: eeen arquharson, B.URPL Intermediate Planner Development Services Application No. 2011 -A -15 Reviewed by: Glenn White, MCIP, RPP Manager, Planning Services Meeting Date June 16, 2011 Page 2 of 4 Page 65 of 97 z 5c) - 2011 -A -15 - Harold Huber 21 Lakeshore Road East, Plan 6... SCHEDULE 1: LOCATION MAP 2011 -A -15 (Huber) LANDS SUBJECT TO VARIANCE APPLICATION 2011 -A -15 21 LAKESHORE ROAD EAST LAKE SIMCOE Development Services Meeting Date June 16, 2011 Application No. 2011 -A -15 Page 3 of 4 Page 66 of 97 5c) - 2011 -A -15 - Harold Huber 21 Lakeshore Road East, Plan 6... SCHEDULE 2: PROPOSED SITE PLAN LU11 -A -15 (Huber) o / E d Y (i•�uf` / ORILL,EO WELL cEEi Q p N89'ST IQ'`N •s�JlB[1 i231(WRJ E � -�s�s "- T 76'31• � IB(778} ( ISTU •B ) c 0.23' W 0 W W I Development Services Application No. 2011 -A -15 777E tIR/ ]+d- 20Q1. LAKE SIMCOE Meeting Date June 16, 2011 Page 4 of 4 Page 67 of 97 m � m X 1W �n LAKESHORE ROAL s19(1a23) C .5i=9o,ei9 ORVALE DRIVE (REGISTERED F C- 90.79' N92'22' 19�N 1 P3JA E TT •`+- S19(I423) 18(738)(Wm - s s -��H 0.36• GIRAGE o 1 CL LOT 9 1 1NST No 01271907 1 m W 'C E OWEL! 111C n ^ al 4 of MUN N. 21 I W n b 0 z qa• aa,o5' I4f0' o / E d Y (i•�uf` / ORILL,EO WELL cEEi Q p N89'ST IQ'`N •s�JlB[1 i231(WRJ E � -�s�s "- T 76'31• � IB(778} ( ISTU •B ) c 0.23' W 0 W W I Development Services Application No. 2011 -A -15 777E tIR/ ]+d- 20Q1. LAKE SIMCOE Meeting Date June 16, 2011 Page 4 of 4 Page 67 of 97 5c) - 2011 -A -15 -Harold Huber 21 Lakeshore Road East, Plan 6... Page 68 of 97 � m m LAKESHORE ROAE 58(1423) 11-507.39' a =90.82' ORVA`E DRIVE (REGISTERED F C-90.70' �' N82'22'19�H ' 1 N9T3a'00^ 1 17,07 P&M — SIS(1423) 18(738)(WM arlwv �A- N _ 1IJJ�. O • 6.30• 1= =wow" we N CRAGE 00 s i O m a s LOT 9 INST No 01271907 j • � Q m/ �+ ' / N W � aWELINC d O MUN No 21 CSI I W C 7 r • 1 te • • m :n - W / of r m E a Y / DRILLED WELL °'� Q� (Pe6o+tr / r M .2 a M to1.35'(ftm) N N89'S7'IO-it ]esl 18(798) 18 f 1 iZ31(WIT)) 1596' — 17 ISTU ,BE O 0.23' a ai N N WA1F)C5 EDGE yMU1Jl'I 5�• 2001. CD LAKE SIMCOE 0 W �r Wo W N m Page 68 of 97 n� O O J Z � Ca ^ ' Ca V i Ir— a..+ m N 0 O O N 5c) - 2011 -A -15 - Harold Huber 21 Lakeshore Road East, Plan 6... r. ,a. C 1 Page 69 of 97 5c) - 2011 -A -15 - Harold Huber 21 Lakeshore Road East, Plan 6... Page 70 of 97 5c) - 2011 -A -15 - Harold Huber 21 Lakeshore Road East, Plan 6... Page 71 of 97 5c) - 2011 -A -15 - Harold Huber 21 Lakeshore Road East, Plan 6... Page 72 of 97 5c) - 2011 -A -15 - Harold Huber 21 Lakeshore Road East, Plan 6... Page 73 of 97 • CEP r '� ' 1 -,� 'y o �,! � r ' s .., -rd's _�\ [:- • R a 9A � f p tf I Page 73 of 97 5c) - 2011 -A -15 - Harold Huber 21 Lakeshore Road East, Plan 6... Page 74 of 97 -'V • IFS ' 11:. _ ,.' • .c , � t., s 'd �.i ^�i kf %. �y�"�� 'y'Z K yr. y c ~ r Page 74 of 97 Cir��i�� %rrte Poea,d Hnit %P• C-4hg Fume 5d) - 2011 -B -10 - Stephen and Marsha Sperling 364 Shanty Bay ... TOWNSHIP OF ORO- MEDONTE REPORT Application No: To: Committee of Adjustment Prepared By: 2011 -B -10 Steven Farquharson, Intermediate Planner Meeting Date: Subject: Consent Application Motion # June 16, 2011 Stephen and Marsha Sperling Part of Lots 22, 23, and 24, North Side of Monk Street, Plan 1 Roll #: R.M.S. File #: 4346- 010 - 006 -06201 364 Shanty Bay Road D10 -41687 Former Township of Oro) REQUIRED CONDITIONS: 1. That three copies of a Registered Reference Plan indicating the lands subject to the easement 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 all municipal taxes be paid to the Township of Oro - Medonte; 4. 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 the application is to convey a utility easement for the purpose of an existing Bell Canada buried cable line. The proposed easement is approximately 3.7 metres wide, and has an overall length of approximately 125 metres. The retained lands would have an area of approximately 3.0 hectares, which currently has a single detached dwelling. ANALYSIS: The purpose of application 2011 -B -10 is to permit an easement for an existing buried Bell Canada cable. The subject land being 364 Shanty Bay Road, to convey land having an area of approximately 0.012 hectares (0.02 acres). No new building lots are proposed to be created as a result of the easement request. FINANCIAL: Not applicable. Development Services Meeting Date: June 16, 2011 Application No. 2011 -13-10 Page 1 of 5 Page 75 of 97 5d) - 2011 -B -10 - Stephen and Marsha Sperling 364 Shanty Bay ... POLICIES /LEGISLATION: Official Plan The subject property is designated "Restricted Rural" by the Official Plan. Section C6.2 of the Official Plan outlines the permitted uses within the Restricted Rural designation, which include agricultural and single detached dwellings. There are no specific policies in the Official Plan regarding easements for this proposed purpose. County Official Plan In analyzing this Consent application, Township staff reviewed both the County Official Plan currently in effect. The Township has circulated the application to the County of Simcoe Planning Department, who has stated they have no comment on the proposed application. In reviewing the proposed consent application for the proposed easement, the County of Simcoe Official Plan does not have any specific policies in regards to easements. 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. Section 1.1.1(g) provides "Healthy, livable and safe communities are sustained by: (g) ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs." The proposed easement for telecommunications addresses this policy. Places to Grow The application has been reviewed with reference to the Place to Grow policies that have been in place since 2006. In reviewing the Places to Grow Growth Plan, there are no direct consent policies that apply to the proposed easement application. ZONING BY -LAW The subject property is currently zoned Agricultural /Rural (A/RU) Zone in the Township's Zoning By- law 97 -95, as amended. There are no policies within Zoning By -law 97 -95 that specifies, the location or size of easements. Therefore, the application would comply with the provisions as prescribed by the Zoning By -law. CONSULTATIONS: Public Works Department - Building Department - Engineering Department — County of Simcoe- Development Services Meeting Date: June 16, 2011 Application No. 2011 -8 -10 Page 2 of 5 Page 76 of 97 5d) - 2011 -B -10 - Stephen and Marsha Sperling 364 Shanty Bay ... ATTACHMENTS: Schedule #1- Location Map Schedule #2- Context Map CONCLUSION: In the opinion of the Planning Department, Consent application 2011 -B -10 being for an easement for an existing buried Bell Canada cable is appropriate. Respectfully submitted: Steven Farquharson, B.URPL Intermediate Planner Development Services Application No. 2011 -B -10 Reviewed by: Glenn White, MCIP, RPP Manager, Planning Services Meeting Date: June 16, 2011 Page 3 of 5 Page 77 of 97 5d) - 2011 -B -10 - Stephen and Marsha Sperling 364 Shanty Bay ... SCHEDULE 1: LOCATION MAP 2011- 8- 10(Sperling) h PROPOSED EASEMENT FOR CONSENT APPLICATION 2011 - &10 BAR RI E GEOR G INq Development Services Meeting Date: June 16, 2011 Application No. 2011 -B -10 Page 4 of 5 Page 78 of 97 5d) - 2011 -B -10 - Stephen and Marsha Sperling 364 Shanty Bay ... SCHEDULE 2: Context Map 2011 -B -10 (Sperling) 4 I SOUTH SIDE I OF STEEL I N REG IPLAN 1 I ! I f ! I ! w 20 21 44z — — 23 - - ®-� -- _ Lij � i!) � i I I I I ! I ! I NORTH SIDE ! OF ADAM I REG PLAN I a9n,000 - 01fTYH SIDE .SF - AM 4/ RFfGiPLAN l ' I !, QZ ?0 21 — G -r'' b ,; 2.,T/ 0106 BLOCK A. REG PLAN I i S�o13 ' rA PL..A Coga 27 26\ 225 23\ Development Services Meeting Date: June 16, 2011 Application No. 2011 -B -10 Page 5 of 5 Page 79 of 97 5d) - 2011 -B -10 - Stephen and Marsha Sperling 364 Shanty Bay ... Page 80 of 97 1 d v 1 • .Fla > - Ilk _ t ` %1 •1 4.�i ��, .. YP i; Page 80 of 97 5d) - 2011 -B -10 - Stephen and Marsha Sperling 364 Shanty Bay ... Page 81 of 97 imv h•4 "{qlM e I V F . 1i 3.y `mod k� Page 81 of 97 5d) - 2011 -B -10 - Stephen and Marsha Sperling 364 Shanty Bay ... Page 82 of 97 "0 y -may _.C., ,r � }•-i,y � . � �� #` =tea[ i .. /i' ' F C I; yy � 4� y 4 / � I A'i :777 �' � � ' �rI+,IL. \ �i�' ° � '�" Sys � � b�tl'. _ M"" • Page 82 of 97 5d) - 2011 -B -10 - Stephen and Marsha Sperling 364 Shanty Bay ... M W c T� � 1 °t 4 t �r Page 83 of 97 5d) - 2011 -B -10 - Stephen and Marsha Sperling 364 Shanty Bay ... AWN r •• Vi.µ; __ � � - fA \ V Page 84 of 97 Mr. Steven Farquharson, B.URPI Intermediate Planner 148 line 7 South, Box 100 Oro, ON LOL 2X0 Dear Mr. Farquharson, This letter is in response to: 5d) - 2011 -B -10 - Stephen and Marsha Sperling 364 Shanty Bay ... June 15, 2011 Submission No. 2011 -B -10, an application by Stephen and Marsha Sperling, for an easement of Part of Lots 22, 23 and 24, North Side of Monk Street, Plan 1(Former Township of Oro) 364 Shanty Bay Road and Submission No. 2011 -B -11, an application by Terrace Hill Homes Inc., for an easement of Part of Lots 22,23,24 and what also seems to include but has not been stated in the NOTICE OF HEARING LETTER, part of lots 21,20 19 18 and Block S Reg. Plan 1, all the North Side of Monk Street (as indicated by the shaded area in the NOTICE OF HEARING diagram used to show the proposed easement.) It is our understanding that these easement requests are for the SOLE purpose to give access to the Bell to an existing buried Bell Canada cable. As joint owners of the parcel of land described as Plan 918 PT BLK X RP 51R25054 Part 3 to which there was a conveyance, (from the Township of Oro- Medonte) of part of the former southerly 33 feet of Monk Street Plan 1 being Part 2 on Plan 51R- 36886 completed on September 29, 2010 our primary concern remains unchanged. As stated in our deputation to Mayor Hughes and the Members of Council on Sept. 2, 2009 it is of GREAT IMPORTANCE to us that there remain a possibility of potential northerly access to our property should a plan for future development be considered. The long, complicated and somewhat troubling history of our property is well documented and was presented to Council during our deputation on Sept. 2, 2009. It is our position that if the only change to the current status of the land where the easements are being requested, is that Bell Canada will have access to an existing Bell Canada cable and that these easements will in no way limit or change the fact that our land currently abuts the property owned by Terrace Hill Homes, we have no objections. Our agreement with the proposed easements is also given with the condition that these easements in no way compromise our position with regards to future potential development of the lands lying immediately north and abutting our property. Page 85 of 97 5d) - 2011 -B -10 - Stephen and Marsha Sperling 364 Shanty Bay ... Thank you for the opportunity to respond to these two applications for easements. Sincerely, O�," f"iJ �P�a Marion Elliott Dean Stauffert Kurt Stauffert c.c. Ms. Andrea Leigh Director of Planning Mr. Jerry Ball Director of Transportation Marie Brissette Committee Coordinator Page 86 of 97 . T —hip of � ©ro:��r�edont� A .d 11"ioyr, Exrii4rg Fur.ivr 5e) - 2011 -B -11 - Terrace Hill Homes Inc. Part of Lots 22, 23... TOWNSHIP OF ORO- MEDONTE REPORT Application No: To: Committee of Adjustment Prepared By: 2011 -B -11 Steven Farquharson, Intermediate Planner Meeting Date: Subject: Consent Application Motion # June 16, 2011 Terrace Hill Homes Part of Lots 22, 23, and 24, North Side of Monk Street, Plan 1 Roll #: R.M.S. File #: 4346- 010 - 006 -09101 (Former Township of Oro) D10 -41686 REQUIRED CONDITIONS: 1. That three copies of a Registered Reference Plan indicating the lands subject to the easement 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 all municipal taxes be paid to the Township of Oro - Medonte; 4. 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 the application is to convey a utility easement for the purpose of an existing Bell Canada buried cable line. The proposed easement is approximately 4.5 metres wide, and has an overall length of approximately 574 metres. The retained lands would have an area of approximately 5.2 hectares, which is currently vacant. ANALYSIS: The purpose of application 2011 -B -11 is to permit an easement for an existing buried Bell Canada cable. The subject land being Part 1 on Draft Reference Plan 1, to convey land having an area of approximately 0.23 hectares (0.5 acres). No new building lots are proposed to be created as a result of the easement request. FINANCIAL: Not applicable. Development Services Application No. 2011 -B -11 Meeting Date: June 16, 2011 Page 1 of 5 Page 87 of 97 5e) - 2011 -B -11 - Terrace Hill Homes Inc. Part of Lots 22, 23... POLICIES /LEGISLATION: Official Plan The subject property is designated "Restricted Rural" by the Official Plan. Section C6.2 of the Official Plan outlines the permitted uses within the Restricted Rural designation, which include agricultural and single detached dwellings. There are no specific policies in the Official Plan regarding easements for this proposed purpose. County Official Plan In analyzing this Consent application, Township staff reviewed both the County Official Plan currently in effect. The Township has circulated the application to the County of Simcoe Planning Department, who has stated they have no comment on the proposed application. In reviewing the proposed consent application for the proposed easement, the County of Simcoe Official Plan does not have any specific policies in regards to easements. 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. Section 1.1.1(g) provides "Healthy, livable and safe communities are sustained by: (g) ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs." The proposed easement for telecommunications addresses this policy. Places to Grow The application has been reviewed with reference to the Place to Grow policies that have been in place since 2006. In reviewing the Places to Grow Growth Plan, there are no direct consent policies that apply to the proposed easement application. ZONING BY -LAW The subject property is currently zoned Agricultural /Rural (A/RU) Zone in the Township's Zoning By- law 97 -95, as amended. There are no policies within Zoning By -law 97 -95 that specifies, the location or size of easements. Therefore, the application would comply with the provisions as prescribed by the Zoning By -law. CONSULTATIONS: Public Works Department - Building Department - Engineering Department — County of Simcoe- Development Services Meeting Date: June 16, 2011 Application No. 2011 -B -11 Page 2 of 5 Page 88 of 97 5e) - 2011 -B -11 - Terrace Hill Homes Inc. Part of Lots 22, 23... ATTACHMENTS: Schedule #1- Location Map Schedule #2- Context Map CONCLUSION: In the opinion of the Planning Department, Consent application 2011 -B -11 being for an easement for an existing buried Bell Canada cable is appropriate. Respectfully submitted: Reviewed by: Steven rquharson, B.URPL Glenn White, MCIP, RPP Intermediate Planner Manager, Planning Services Development Services Meeting Date: June 16, 2011 Application No. 2011 -B -11 Page 3 of 5 Page 89 of 97 5e) - 2011 -B -11 - Terrace Hill Homes Inc. Part of Lots 22, 23... SCHEDULE 1: LOCATION MAP 2011- B- 11(Terrace Hill Homes) Development Services Application No. 2011 -13-11 Meeting Date: June 16, 2011 Page 4 of 5 Page 90 of 97 Al C4 TINIJ� p4 G, Bi4RRtE � LAKE SIMOOE ■ PROPOSED EASEMENT FOR CONSENT APPLICATION 2011 - &11 =- RETAINED LANDS Development Services Application No. 2011 -13-11 Meeting Date: June 16, 2011 Page 4 of 5 Page 90 of 97 5e) - 2011 -B -11 - Terrace Hill Homes Inc. Part of Lots 22, 23... SCHEDULE 2: Context Map 2011 -B -11 (Terrace Hill Homes) r 1 Sw OF ALbW �K NCYiTH 5 /f� OF AOA4 S7I � �REG REC PLall ! PLW / ESPRA dyD ORO LRATT OF THE G7Y OF DARR7E PENETANGD/SHENE FO. V + S+irr_30 -T _ PLAN 1069 G /069 gRE N 1 11 I i I I '„ rx I.gII ., .a Yo OLD b GD/! 1p I cif I ne A . 11I m BEG PLAN 069 am .:019 i II �I iOil I�,II - C "NE STREET MAY &A-9W a43& �Ia N I m I mD gp�^ i. g W9A00 E , I �m _ ♦TIC � } �� i 1 — _ -- - - -- / % OpS9 ST ,4 �R M1 IId cri �i !�"�si 1 hai �Nj is it .i'� ri � I l a� V 1y O WT7 OBR /EN STREET djaQ / SHEET z Development Services Meeting Date: June 16, 2011 Application No. 2011 -B -11 Page 5 of 5 Page 91 of 97 5e) - 2011 -B -11 - Terrace Hill Homes Inc. Part of Lots 22, 23... Page 92 of 97 �� � - yt;at d�1.;�,. � 4 ,�s• r� .D``� r' 14, r f Page 92 of 97 5e) - 2011 -B -11 - Terrace Hill Homes Inc. Part of Lots 22, 23... N I Z� `A "• Yx� i y � rtc � � J �` ` rjv 10E W " T LU env AW CO=- (y 3 Page 93 of 97 s r 4 L � •� t '• -,i "t ;. �. !f �M. °fit �, Az 5e) - 2011 -B -11 - Terrace Hill Homes Inc. Part of Lots 22, 23... Page 95 of 97 .. .� � a !'' f ♦� ,. �kf��° fir; u, • ' P � ' I Y'r+�' �.. 7 an � � / IF 3 � l h .3 � x � '�s ,♦ dye,.. f{ - V E� I x _ q ri Page 95 of 97 Mr. Steven Farquharson, B.URPI Intermediate Planner 148 line 7 South, Box 100 Oro, ON LOL 2X0 Dear Mr. Farquharson, This letter is in response to: 5e) - 2011 -B -11 - Terrace Hill Homes Inc. Part of Lots 22, 23... June 15, 2011 Submission No. 2011 -B -10, an application by Stephen and Marsha Sperling, for an easement of Part of Lots 22, 23 and 24, North Side of Monk Street, Plan 1(Former Township of Oro) 364 Shanty Bay Road and Submission No. 2011 -B -11, an application by Terrace Hill Homes Inc., for an easement of Part of Lots 22,23,24 and what also seems to include but has not been stated in the NOTICE OF HEARING LETTER, part of lots 21,20 19 18 and Block S Reg. Plan 1, all the North Side of Monk Street (as indicated by the shaded area in the NOTICE OF HEARING diagram used to show the proposed easement.) It is our understanding that these easement requests are for the SOLE purpose to give access to the Bell to an existing buried Bell Canada cable. As joint owners of the parcel of land described as Plan 918 PT BLK X RP 51R25054 Part 3 to which there was a conveyance, (from the Township of Oro- Medonte) of part of the former southerly 33 feet of Monk Street Plan 1 being Part 2 on Plan 51R- 36886 completed on September 29, 2010 our primary concern remains unchanged. As stated in our deputation to Mayor Hughes and the Members of Council on Sept. 2, 2009 it is of GREAT IMPORTANCE to us that there remain a possibility of potential northerly access to our property should a plan for future development be considered. The long, complicated and somewhat troubling history of our property is well documented and was presented to Council during our deputation on Sept. 2, 2009. It is our position that if the only change to the current status of the land where the easements are being requested, is that Bell Canada will have access to an existing Bell Canada cable and that these easements will in no way limit or change the fact that our land currently abuts the property owned by Terrace Hill Homes, we have no objections. Our agreement with the proposed easements is also given with the condition that these easements in no way compromise our position with regards to future potential development of the lands lying immediately north and abutting our property. Page 96 of 97 5e) - 2011 -B -11 - Terrace Hill Homes Inc. Part of Lots 22, 23... Thank you for the opportunity to respond to these two applications for easements. Sincerely, O�," f"iJ �P�a Marion Elliott Dean Stauffert Kurt Stauffert c.c. Ms. Andrea Leigh Director of Planning Mr. Jerry Ball Director of Transportation Marie Brissette Committee Coordinator Page 97 of 97