05 19 2011 C of A MinutesProud Heritage, Exeilht g Fimire
THE TOWNSHIP OF ORO- MEDONTE
COMMITTEE OF ADJUSTMENT
MEETING MINUTES
Council Chambers
Thursday, May 19, 2011 10:00 a.m.
Present: Larry Tupling, Chair Allan Johnson
Roy Hastings Scott Macpherson
Regrets: Bruce Chappell
Staff present: Steven Farquharson, Secretary Treasurer /Intermediate Planner
Alan Wiebe, Planner
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. CA110519 -1
Moved by Hastings, Seconded by Macpherson
It is recommended that the agenda for the Committee of Adjustment meeting of Thursday,
May 19, 2011 be received and adopted.
Carried.
3. DISCLOSURE OF PECUNIARY INTEREST:
None declared.
4. ADOPTION OF MINUTES:
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
Committee of Adjustment Minutes — May 19, 2011
5. PUBLIC MEETINGS:
a) 2011 -B -07 - 1588521 Ontario Ltd.
2329 Highway 11, Concession 5, East Part Lot 21, RP 51 R10063, Part 1
Creation of a new residential lot by way of severance to separate an existing single detached
dwelling from a commercial operation occupying the same property.
Steve St -Onge, agent, was present.
Motion No. CA110519 -3
Moved by Macpherson, Seconded by Hastings
It is recommended that the Committee of Adjustment defers Consent Application 2011 -B -07,
until such time as comments are received from the Lake Simcoe Region Conservation
Authority.
Carried.
b) 2011 -B -02 -Douglas and Catherine Shelswell
2278 15/16 Sideroad East, West Half of Lot 15, Concession 14
Boundary adjustment/lot addition.
Douglas Shelswell, applicant, and Shirley Partridge, agent, were present.
Motion No. CA110519 -4
Moved by Macpherson, Seconded by Johnson
It is recommended that the Committee of Adjustment grants provisional approval to Consent
Application 2011 -B -02 (Revised), being to permit a lot addition /boundary adjustment for the
conveyance approximately 21.7 hectares (53 acres) from the subject property, West Part of
Lot 15, Concession 14, to the neighbouring agricultural lot to the east, being 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 Reference Plan for the subject land indicating the severed parcel be
prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer;
2. That the severed lands be merged in title with the enhanced lands, and that the provisions
of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent
conveyance or transaction involving the subject lands;
3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for
the parcel severed, for review by the Municipality;
4. That the applicants solicitor provide an undertaking that the severed lands and the lands to
be enhanced will merge in title;
5. That the conditions of consent imposed by the Committee be fulfilled within one year from
the date of the giving of the notice.
Carried.
Page 2 of 9
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
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
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
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 buildings) / 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;
2.
K
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.
That the applicant obtain any permits and /or approvals, if required, from Nottawasaga
Valley Conservation Authority.
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
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
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
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 Adjourn
Motion No. CA110519 -11
Moved by Macpherson, Seconded by Johnson
It is recommended that we do now adjourn at 12:50 p.m.
L er ry - rupl g P& air
Carried.
Steven F arson, Secretary Treasurer
Page 9 of 9