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07 21 2011 CofA Agendai Township of Proud Heritage, Exciting Future Page THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING AGENDA COUNCIL CHAMBERS Thursday, July 21, 2011 10:00 A.M. 1. OPENING OF MEETING: 2. ADOPTION OF THE AGENDA: a) Motion to Adopt the Agenda. 3. DISCLOSURE OF PECUNIARY INTEREST: 4. ADOPTION OF MINUTES: 3 -9 a) Minutes of Committee of Adjustment meeting held on Thursday, June 16, 2011. 5. PUBLIC MEETINGS: 10 -27 a) 2011 -B -06 - Alexander and Ronald Mollison, Joanne Babiy 54 and 56 Stanley Avenue, Plan 626, Lots 227, 228 and 229 Permit the creation of a new residential lot by way of severance in conjunction with Variance Applications 2011 -A -08 and 2011 -A -09. 2011 -A -08 (Revised) and 2011 -A -09 - Alexander and Ronald Mollison, Joanne Babiy 54 and 56 Stanley Avenue, Plan 626, Lots 227, 228 and 229 Relief from the minimum lot area and lot frontage requirements for the creation of a new residential lot and the retained lands in conjunction with Consent Application 2011 -B -06. 28 -39 b) 2011 -A -19 - Christopher Frank 67 Lakeshore Road East, Plan 798, Lots 33 & 34 Relief from Shoreline Residential (SR) Zone, Table B1 - Minimum Rear Yard Setback (Proposed Deck) 40 -49 c) 2011 -A -21 - Lori Femdley 1 Crawford Street, Plan 807, North Part of Lot 14 Relief from Shoreline Residential (SR) Zone, Minimum Exterior Side Yard Setback (Addition and Deck). 50 -67 d) 2011 -A -20 - Greg and Nadia Bell Concession 2, Part Lot 2, RP 51 R- 31848, Part 1 RP 51 R33292, Parts 3 & 4 Relief from Agricultural /Rural Exception 142 (A /RU *142) Zone, Setbacks for Structures from the Average High Water Mark of Lake Simcoe, Maximum Height of Boathouses (Swimming Pool). Page 1 of 127 Page Committee of Adjustment Meeting Agenda - July 21, 2011. 5. PUBLIC MEETINGS: 68 -100 e) 2011 -A -17 - Garry and Marie Potter 18 Lakeshore Road East, Plan 655, Lot 10 Relief from Shoreline Residential (SR) Zone, Maximum Height, Maximum Lot Coverage, Maximum Floor Area (Detached Accessory Building). 101 -113 f) 2011 -A -16 - Doug Austgarden and Michelle Cellucci 191 Lakeshore Road West, Plan 807, Lot 27 (Former Township of Oro) Relief from Non - Complying Buildings /Structures and Relief from Shoreline Residential (SR) Zone (Boathouse). 114 -127 g) 2011 -A -18 - Zahra Assadian 1753 Ridge Road West, East Part of Lot 28, Concession 3, RP 51 R28760, Parts 5 & 6, (Oro) Relief from Section 5.6g), Maximum Height (Two- Storey Boathouse). 6. NEW BUSINESS: 7. NOTICE OF MOTION: None. 8. NEXT MEETING DATE: Friday, August 19, 2011. 9. ADJOURNMENT: a) Motion to Adjourn. Page 2 of 127 4a) - Minutes of Committee of Adjustment meeting held on Thu... �� l 7'ou� h j 1 rraud Heritage, Exciting Framer Thursday, June 16, 2011 THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Time: 10:07 a.m. Moved by Hastings, Seconded by Macpherso It is recom the agenda for the Committee of Adjustment meeting of Thursday, June 16, 1 be rec d and ted. Carried. a) Minutes of Committee of Adjustment meeting held on Thursday, May 19, 2011. Motion No. CA110616 -2 Moved by Johnson, Seconded by Macpherson It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, May 19, 2011 be adopted as printed and circulated. Carried. Page 1 of 7 Page 3 of 127 4a) - Minutes of Committee of Adjustment meeting held on Thu... Committee of Adjustment Minutes — June 16, 2011 5. PUBLIC MEETINGS: a) 2010 -A -18 - Robert E. Drury 170 Line 1 North, Part East ' /z Lot 12, Concession 1, Plan 51 R- 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. Robert Drury, applicant, was present. Motion No. CA110616 -3 Moved by Macpherson, Seconded by Johnson It is recommended that the Committee of Adjustment approves Variance Application 2010 - A-18, being to recognize an existing dwelling which is located within the required 30 metre setback to the Environmental Protection (EP) Zone, be reduced to 0 metres, and a rear year setback reduced from the required 8.0 metres to 7.7 metres. Subject to the following conditions: 1. 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. And That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. Carried. Page 2 of 7 Page 4 of 127 4a) - Minutes of Committee of Adjustment meeting held on Thu... Committee of Adjustment Minutes — June 16, 2011 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. Rod Young, agent, was present. Motion No. CA110616 -4 Moved by Macpherson, Seconded by Johnson It is recommended that the Committee of Adjustment approves Variance Application 2011 - A-14, 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, 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. 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 3 of 7 Page 5 of 127 4a) - Minutes of Committee of Adjustment meeting held on Thu... Committee of Adjustment Minutes — June 16, 2011 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. Andrew McIntyre, agent, was present. He advised that the new property owner, Randy Bosse, had provided authorization to continue with the application. Garry Potter, neighbour, requested that the conditions imposed by the Committee include the requirement for a privacy screen at the end of the deck, that the new deck be required to be no higher than the existing deck, that the setback be reduced to 13 metres and that the depth of the proposed deck be no greater than 3.6 metres. Motion No. CA110616 -5 Moved by Hastings, Seconded by Macpherson It is recommended that the Committee of Adjustment approves Variance Application 2011 - A -15, specifically, being to reduce the required setback to the average high water mark of Lake Simcoe from 20 metres to 13.0 metres for a the construction of a deck and for an addition onto the existing private garage, which is proposed reduce the required front yard setback from 7.5 metres to 5.5 metres and increase the lot coverage to 6% for accessory buildings in the SR Zone, subject to the following conditions: 1. That the size and setbacks of the proposed deck be in conformity with the sketches submitted with the application and approved by the Committee; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation so that: i. The deck be located no closer than 13.0 metres from the average high water mark of Lake Simcoe; ii. The proposed private garage be located no closer than 5.5 metres from the front lot line; 3. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 4. That the applicant submits to the satisfaction of Township and the Lake Simcoe Region Conservation Authority a tree planting plan. 5. And That the applicant obtain approvals, if required, from the Lake Simcoe Region Conservation Authority. Carried. Page 4 of 7 Page 6 of 127 4a) - Minutes of Committee of Adjustment meeting held on Thu... Committee of Adjustment Minutes — June 16, 2011 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. Tania Batchuarova, agent, was present. The Committee received correspondence dated June 15, 2011 from Marion Elliott, Dean and Kurt Stauffer. Motion No. CA110616 -6 Moved by Chappell, Seconded by Macpherson it It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2011 -B -10, being to permit an easement having an area of approximately 0.012 hectares for a buried Bell Canada cable. Subject to the following conditions: X Am 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. 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 5 of 7 Page 7 of 127 4a) - Minutes of Committee of Adjustment meeting held on Thu... Committee of Adjustment Minutes — June 16, 2011 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. Tania Batchuarova, agent, was present. Motion No. C110616 -7 Moved by Chappell, Seconded by Hastings It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2011 -B -10, being to permit an easement having an area of approximately 0.012 hectares for a buried Bell Canada cable. Subject to the following 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. 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 6 of 7 Page 8 of 127 4a) - Minutes of Committee of Adjustment meeting held on Thu... Committee of Adjustment Minutes — June 16, 2011 6. NEW BUSINESS: a) OMB Appeal - 2011 -B -09, William and Loretta Crawford, 432 Line 7 South, Technical Severance. Motion No. C110616 -8 Moved by Macpherson, Seconded by Johnson It is recommended that the verbal information presented by Steven Farquharson, Secretary Treasurer, re: OMB Appeal - 2011 -B -09, William and Loretta Crawford, 432 Line 7 South, Technical Severance be received. 7. NOTICE OF MOTION: 8. NEXT MEETING DATE: Thursday, July 21, 2011 at 10:00 a.m' 9. ADJOURNMENT: a) Motion to Adjourn Motion No. C110616 -9 Moved by Chappell, Seconded by Macpherson It is recommended that we do now adjourn at 11 47 a.m. Larry Tupling, Chair Carried. Carried. Steven Farquharson, Secretary Treasurer Page 7 of 7 Page 9 of 127 5a) - 2011 -B -06 - Alexander and Ronald Mollison, Joanne Babi... TOWNSHIP OF ORO- MEDONTE REPORT Y.oed Floimge, G.enti�� Furwn• Application No: To: Committee of Adjustment Prepared By: 2011 -B -06 Steven Farquharson, 2011 -A -08 Intermediate Planner 2011 -A -09 Meeting Date: Subject: Consent and Variance Motion # July 21, 2011 Applications (Alexander and Ronald Mollison and Joanne Babiy) Roll #: R.M.S. File #: 4346- 010 - 010 -2070 Plan 626, Lots 227, 228 and 229 D10 -41467 54 and 56 Stanley Avenue D13 -41469 (Former Township of Oro) D13 -41468 REQUIRED CONDITIONS: BACKGROUND: The purpose of Consent Application 2011 -B -06 is to create a new residential lot fronting Stanley Avenue. The land to be severed would have approximately 20.3 metres of frontage on Stanley Avenue, a lot depth of approximately 36 metres and an area of 0.08 hectares. The proposed retained lands would have a lot frontage of approximately 27.9 metres and a lot area of approximately 0.1 hectares. Consent Application 2011 -B -06 is to be considered in conjunction with Minor Variance Applications 2011 -A -08 and 2011 -A -09, which are proposing to recognize the deficiency in lot frontage and area for the severed lands in the Shoreline Residential (SR) Zone. The applicants are also proposing a variance to the severed lot for the minimum first storey floor area for single detached dwellings from the required 90 square metres to a proposed 80 square metres. The application appeared before the Committee of Adjustment at the April 21, 2011 meeting, however was deferred in order for the applicant to provide additional information to the Chief Building Official regarding how the septic system would be accommodated on the lands. The applicant has provided this material to the satisfaction of the Chief Building Official and therefore it is appropriate for the applications to come before the Committee for their consideration. ANALYSIS: The purpose of application 2011 -13-06 is to permit the creation of a new residential lot fronting onto Stanley Avenue. The severed lot is proposed to have a frontage of 20.3 metres, and lot area 0.08 hectares. The land proposed to be retained would have a lot frontage of 27.9 metres and a lot area of approximately 0.1 hectares. The purpose of Application 2011 -A -08 is to facilitate the creation of a lot Development Services Meeting Date July 21, 2011 Application No. 2011 -B -06 2011 -A -08 2011 -A -09 Page 1 of 10 Page 10 of 127 5a) - 2011 -B -06 - Alexander and Ronald Mollison, Joanne Babi... with a lot area and lot frontage deficiency of the minimum requirement for the SR Zone and first storey floor area of a single detached dwelling. Variance Application 2011 -A -09, is to recognize the deficiency in the lot frontage and area of the proposed retained lands of Consent Application 2011 -B -06. FINANCIAL: Not applicable. POLICIES/LEGISLATION: Does the Consent conform to the general intent of the Official Plan? The subject property is designated "Shoreline" by the Official Plan. The permitted uses within the "Shoreline" designation include single detached dwellings, home occupations, and Bed and Breakfast establishments. For the consideration of subdivision of land, Section D2 of the Official Plan contains policies that are considered with every application to subdivide land in the Township. Section D2.2.1 contains the following general criteria for the Committee of Adjustment to consider: "Prior to issuing provisional consent for a new lot for any purpose, the Committee of Adjustment shall be satisfied that the lot to be retained and the lot to be severed: a) fronts on and will be directly accessed by a public road that is maintained on a year -round basis; b) does not have direct access to a Provincial Highway or County Road, unless the Province or the County supports the request; c) will not cause a traffic hazard; d) has adequate size and frontage for the proposed use in accordance with the Comprehensive Zoning By -law and is compatible with adjacent uses; e) can be serviced with an appropriate water supply and means of sewage disposal; f) will not have a negative impact on the drainage patterns in the area; g) will not restrict the development of the retained lands or other parcels of land, particularly as it relates to the provision of access, if they are designated for development by this Plan; h) will not have a negative impact on the features and functions of any ecological feature in the area; i) will not have a negative impact on the quality and quantity of groundwater available for other uses in the area; and, j) will conform to Section 51 (24) of the Planning Act, as amended." Staff, have reviewed these policies and have found that the proposed consent does not conform with subsection (d), which is outlined below. The proposed severed and retained lands are both within the SR Zone, which require 30 metres of frontage and 0.2 hectares. The proposed retained lands and severed do not satisfy these Development Services Meeting Date July 21, 2011 Application No. 2011 -13-06 2011 -A-08 2011 -A -09 Page 2 of 10 Page 11 of 127 5a) - 2011 -B -06 - Alexander and Ronald Mollison, Joanne Babi... requirements, which is the reasoning for variance application 2011 -A -08 and 2011 -A -09. The proposed retained lands are proposed to have a lot frontage of 27.9 metres, with a lot area of 0.10 hectares. The severed lands are proposed to have a frontage of 20.3 metres, with a lot area of 0.08 hectares. It is acknowledged that there are similar lots in the area of the simular lot frontage and lot area, and dwelling size to that of which the applicants are proposing, however these are considered non- complying lots and structures. Section E1.6 of the Official Plan, allows for non - complying uses and structures to continue to exist. Many of the surrounding lots in the area if they wanted to place an addition or replace the existing dwelling would require the approval of the Committee of Adjustment. Section E1.5.1 states "As a rule, existing uses that do not conform with the policies of this Plan, should gradually be phased out so that the affected land use may be changed to a use which is in conformity with the goals of the Official Plan and the intent of the implementing Zoning By -law. It is for this reason that Council adopted By -law 97 -91, deeming Plan 626 no longer a registered plan of subdivision which will be discussed in the Deeming By -law portion of this report. Therefore, the creation of two non- conforming residential lots is not in keeping with the policies of the Official Plan. It is staff's opinion that Consent Application 2011 -B -06 not satisfying Section D2.2.1 (d) and E1.5.1. The applicants are proposing to create lots which will result in the proposed lots being deficient in lot frontage and lot area. Does the Consent comply with the general intent of the Zoning By -law? The proposed lot is zoned Shoreline Residential (SR) Zone by Zoning By -law 97 -95. The proposed lot size that the applicant has submitted is deficient in lot frontage and lot area requirements of the Shoreline Residential (SR) Zone. The applicant is proposing a lot area of 0.08 hectares and lot frontage of 20.3 metres for the severed lot, and a lot area of 0.10 hectares and a lot frontage of 27.9 metres for the retailed lands. The By -law requirement for minimum lot area is 0.2 hectares and the minimum lot frontage requirement is 30 metres. The purpose of establishing a minimum lot area of 0.2 hectares in the SR Zone is to ensure that there is sufficient space for a single detached dwelling, amenity space and septic system can be placed on the property. The applicant has indicated that there is adequate land for the placement of a septic system, however the construction of a single detached dwelling in compliance with the minimum first storey floor area requirement cannot be achieved. Section 5.17.1 of the Zoning By -law allows for lots that existed prior to the effective of the By -law 97- 95, that do not meet the lot area and /or lot frontage requirements to be permitted. However, the intent of the Zoning By -law for establishing a standard for lot area and /or lot frontage is to ensure that structures are able to be located on the property with sufficient distance away from lot lines, and leaves the opportunity for further development on the lot for such structures as accessory building, and additions onto existing dwellings. By allowing for the proposed applications, there would be the creation of two deficient lots, which do not meet the intent of the Zoning By -law. With respect to the proposed reduced minimum first storey floor area, it is the intent of the By -law to ensure that new residential construction does not take the form of unduly small, seasonal, or temporary dwellings, which may detract from the general character and aesthetics of the local Development Services Application No. 2011 -B -06 2011 -A -08 2011 -A -09 Meeting Date July 21, 2011 Page 3 of 10 Page 12 of 127 5a) - 2011 -B -06 - Alexander and Ronald Mollison, Joanne Babi... neighbourhood. The application at hand seeks to construct a 2 storey dwelling containing an attached garage, and covered front porch. According to drawings submitted with the applications, the first storey floor area, minus the garage and covered porch, is approximately 80.0 square metres. This proposed dwelling size of approximately 80 square metres does not maintain the intent of the Zoning By -law, if the applicants created a dwelling unit in compliance with the 90 square metre requirement, additional variances would be required for encroachments into required yard setbacks. As such, the proposed severance and variance requests do not meet the minimum standards of the By -law and therefore does not meet the intent of the Zoning By -law. Deeming By -law 97 -91 In 1997, The Township of Oro - Medonte passed deeming By -law 97 -91 for Registered Plan 626, deeming it no longer a Plan of Subdivision. As a result of By -law 97 -91, Lots 227 and 228, merged into one lot due to the lots being in the same ownership. The Deeming By -law was adopted by Council, because the existing lots did not satisfy the current zoning standards. The intent of the Deeming By -law was to facilitate the merging of lots thus creating larger lots which would meet the requirement of the Zoning By -law in terms of lot frontage and area. These larger lots would also provide the opportunity to build a new or expand existing dwellings which would meet or replace the zoning standards for minimum first storey floor area and setbacks. The Deeming By -law supported the goals of Section E1.5.1 of the Official Plan that non - conforming situations would generally be phased out and change to being in conformity with the goals of the Official and the intent of the implementing Zoning By -law. The proposed Consent and Variance applications are proposing to create lots and an dwelling that would not meet the minimum provisions of the Zoning By -law. County of Simcoe Official Plan Section 3.4.1 states that where policies of local municipal Official Plan are considered more restrictive to development than the policies of the County Official Plan, the more restrictive policies shall apply. Due to the Township's Official Plan policies being more restrictive for lot creation, the Township's policies apply. CONSULTATIONS: Transportation and Environmental Services — Building Department Engineering Department County of Simcoe- ATTACHMENTS: 1. Schedule 1- Location Map 2. Schedule 2- Site Plan 2011 -A -08 3. Schedule 3- Proposed Dwelling 2011 -A -09 4. Schedule 4- Site Plan 2011 -A -09 5. Schedule 5- Proposed Dwelling 2011 -A -09 Development Services Application No. 2011 -B -06 2011 -A -08 2011 -A -09 ng Date July 21, 2011 Page 4 of 10 Page 13 of 127 5a) - 2011 -B -06 - Alexander and Ronald Mollison, Joanne Babi... CONCLUSION: Council passed Deeming By -law 97 -91 which deemed Registered Plan 626 to no longer be a plan of subdivision. The intent was for the small deficient lots to merge over time into larger lots which would meet the requirements of the Zoning By -law. The applicants lands did merge and now they are proposing to create the subject and retained lands (lots) which do not meet the minimum standards of the Zoning By -law in terms of lot frontage, lot area and proposing a new dwelling which does not comply with the minimum first storey floor area provisions. It is acknowledged that there are other existing lots in the area which are of similar size to the proposed lots resulting from these applications. However, as stated above, it is the intent of the Official Plan that non - conforming lots gradually be phased out. In the opinion of the Planning Department, Consent Application 2011 -B -06 does not meet the general intent of the Township Official Plan and therefore Variance Applications 2011 -A -08 and 2011 -A -09 do not satisfy the test of the Planning Act. Respectfully submitted: Steven Fa rs& B.URPL Intermediate Planner Development Services Application No. 2011 -B -06 2011 -A -08 2011 -A -09 Reviewed by: Glenn White, MCIP, RPP Manager, Planning Services Meeting Date July 21, 2011 Page 5 of 10 Page 14 of 127 5a) - 2011 -B -06 - Alexander and Ronald Mollison, Joanne Babi... SCHEDULE 1: LOCATION MAP 2011 -B -06 and 2011 -A -08 and 2011 -A -09 ( Mollison and Babiy) LAKE SIMCOE Legend ® VARIANCE APPUCATION 2011 -A-08 (SEVERED LANDS) VARIANCEAPPUCATION 2011 -A -09 (RETAINED LANDS) Development Services Meeting Date July 21, 2011 Application No. 2011 -B -06 2011 -A -08 2011 -A -09 Page 6 of 10 Page 15 of 127 5a) - 2011 -B -06 - Alexander and Ronald Mollison, Joanne Babi... 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TOWNSHIP OF ORO- MEDONTE REPORT Application No: To: Committee of Adjustment Prepared By: 2011 -A -19 Steven Farquharson, Intermediate Planner Meeting Date: Subject: Variance Application Motion # July 21, 2011 (Christopher Frank) Plan 798, Lots 33 & 34 67 Lakeshore Road East Roll #: R.M.S. File #: 4346- 010- 009 -4920 REQUIRED CONDITIONS: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report so that the deck be located no closer than approximately 4.8 metres from 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; 3. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. BACKGROUND: The purpose of this report is to consider a Variance Application 2011 -A -19, for relief from the Township's Comprehensive Zoning By -law in relation to reducing the minimum required rear yard setback provision in the Shoreline Residential (SR) Zone. ANALYSIS: The applicant is proposing to construct a deck to the rear of the existing dwelling on the subject property. The proposed deck is to be located approximately 4.8 metres from the rear lot line to the south. The applicant is requesting the following relief from Zoning By -law 97 -95: Shoreline Residential (SR) Zone Required Proposed Table B1 — Minimum Rear Yard Setback 7.5 metres 4.8 metres FINANCIAL: Development Services Meeting Date July 21, 2010 Application No. 2011 -A -19 Page 1 of 5 Page 28 of 127 5b) - 2011 -A -19 - Christopher Frank 67 Lakeshore Road East, P... Not applicable. I POLICIESILEGISLATION: I Does the variance conform to the general intent of the Official Plan? The property is designated Shoreline in the Official Plan. Section C5.2 of the Plan states that "permitted uses on lands designated Shoreline... are single detached dwellings [and accessory buildings to such] ". Therefore, the addition of a deck to the rear of 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 Shoreline Residential (SR) Zone. The Shoreline Residential Zone permits single detached dwellings with either attached or stand alone decks. The purpose of the rear yard setback is to provide a degree of separation between dwellings. The minimum required rear yard setback in the SR Zone is 7.5 metres, with the applicant proposing a setback of 4.8 metres, it was determined as a result of a site inspection, that the proposed deck, should not adversely impact the separation between neighbouring dwellings to the rear of the property. In addition, the proposed deck would otherwise meets with all other Zoning By -law provisions (such as maximum height, interior setbacks) for dwelling units in the SR Zone. Therefore, the variance 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 the site inspection, the proposed deck would appear to be appropriate for the desirable development of the lot, and would be in keeping with the general characteristics of the surrounding residential area. Further, the proposed deck not being located in an area which would require the removal of any additional vegetation. It is also noted that the rear of the subject lands abuts O'Connell Lane not another residential property. On this basis, the proposal is considered appropriate for the desirable development of the subject lot. Is the variance minor? As this application is not anticipated to have an adverse affect on the character of the surrounding residential area, and the neighboring dwellings, the proposed variance is considered to be minor. CONSULTATIONS: Transportation and Environmental Services - Building Department - Engineering Department- Development Services Meeting Date July 21, 2010 Application No. 2011 -A -19 Page 2 of 5 Page 29 of 127 5b) - 2011 -A -19 - Christopher Frank 67 Lakeshore Road East, P... ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan CONCLUSION: In the opinion of the Planning Department, Variance Application 2011 -A -19, to construct a deck onto the rear of the existing dwelling and to have the rear yard setback reduced from the required 7.5 metres to 4.8 metres, appears to meet the four tests of the Planning Act. Respectfully submitted: Steve �quKars'on, B.URPL Intermediate Planner Development Services Application No. 2011 -A -19 Reviewed by: Glenn White, MCIP, RPP Manager, Planning Services Meeting Date July 21, 2010 Page 3 of 5 Page 30 of 127 5b) - 2011 -A -19 - Christopher Frank 67 Lakeshore Road East, P... SCHEDULE 1: LOCATION MAP 2011 -A -19 (Frank) SUBJECT LANDS- 67 Lakeshore Road East W Q W } z ¢ z m :D W m Lie ARE �r i LAKE SIMCOE Development Services Meeting Date July 21, 2010 Application No. 2011 -A -19 Page 4 of 5 Page 31 of 127 5b) - 2011 -A -19 - Christopher Frank 67 Lakeshore Road East, P... Page 32 of 127 SCHEDULE 2: SITE PLAN 2011 -A -19 (Frank) 100. O// ayj' (1p u►oy, 4 O ro tD _ N •0v�o iv w r o LEER w.. •,rI Cn 46 � r s P% a ! 0 tD too 'ar a. M B Development Services Meeting Date July 21, 2010 Application No. 2011 -A -19 Page 5 of 5 Page 32 of 127 5b) - 2011 -A -19 - Christopher Frank 67 Lakeshore Road East, P... Page 33 of 127 5b) - 2011 -A -19 - Christopher Frank 67 Lakeshore Road East, P... Page 34 of 127 T LFt "•r, ��� ate ,w • I• t G tp� L f fi3L t�C K L Page 34 of 127 5b) - 2011 -A -19 - Christopher Frank 67 Lakeshore Road East, P... Page 35 of 127 t e 16 i � � T f - � t Page 35 of 127 5b) - 2011 -A -19 - Christopher Frank 67 Lakeshore Road East, P... Page 36 of 127 5b) - 2011 -A -19 - Christopher Frank 67 Lakeshore Road East, P... Page 37 of 127 grRYVF•' a .. Sd ,.y � N X'J 1 ... � f tAX r, A F �t Page 37 of 127 5b) - 2011 -A -19 - Christopher Frank 67 Lakeshore Road East, P... Page 38 of 127 5b) - 2011 -A -19 - Christopher Frank 67 Lakeshore Road East, P... Page 39 of 127 Tm Wdp f Proud Ftcrirnyr, E—i1mg Fiuerrc 5c) - 2011 -A -21 - Lori Femdley Crawford Street, Plan 807, N... TOWNSHIP OF ORO- MEDONTE REPORT Application No: To: Committee of Adjustment Prepared By: 2011 -A -21 Steven Farquharson, Intermediate Planner Meeting Date: Subject: Variance Application Motion # July 21, 2011 (Lori Femdley) 1 Crawford Street Plan 807, Lot 105 Roll #: R.M.S. File #: 4346- 010- 008 -24700 (Oro) D13 -41853 REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying in writing that: a. That the addition (including deck) to the single detached dwelling not be any closer than approximately 6.47 metres from the exterior side lot line abutting Crawford Street 2. 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; 3. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. BACKGROUND: The purpose of this report is to consider Variance Application 2011 -A -21, for relief from the Township's Comprehensive Zoning By -law in relation to the minimum required exterior side yard setback for a proposed addition onto an existing dwelling in the SR Zone. The subject property has a road frontage of approximately 30 metres (98 feet) along Lakeshore Road West, and 35 metres on Crawford Street, a lot depth of approximately 38 metres (124 feet), and a lot area of approximately 0.11 hectares (0.28 acres). The proposed addition is to have a floor area of 48.3 square metres, which is to be constructed on the rear of the existing dwelling. The Township Zoning By -law requires a 7.5 metre (24.6 feet), exterior side yard setback in the Shoreline Residential (SR) Zone. The proposed addition to the single family dwelling is to be built a distance of 6.47 metres (21.2 feet), from the exterior property line. The Zoning By -law specifies that when a lot has frontage on two public roads the shorter of the two will be considered the front lot line. Due to Lakeshore Road having the shortest frontage on public road, it is considered the front lot line, while Crawford Street is considered the exterior lot line. Development Services Meeting Date July 21, 2011 Application No. 2011 -A -21 Page 1 of 5 Page 40 of 127 5c) - 2011 -A -21 - Lori Femdley Crawford Street, Plan 807, N... ANALYSIS: PURPOSE OF APPLICATION: The applicant is proposing to construct an addition and deck to the existing dwelling. The proposed addition is to be located approximately 6.47 metres from the exterior side lot line to the west. The applicant is requesting the following relief from Zoning By -law 97 -95: Shoreline Residential (SR) Zone Required Proposed Table 131 — Minimum Exterior Side Yard 7.5 metres 6.47 metres Setback 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. Section C5 which contains the Shoreline policies in the Township's Official Plan sets out the following objectives: • To maintain the existing character of this predominantly residential area The requested variance for an addition and deck onto an existing dwelling would appear to maintain the character of the residential area. Therefore, the variance would conform to the general intent of the policies contained 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. The primary purpose of the exterior yard setback is to provide adequate spacing between structures and the travelled portion of the road. Upon a site inspection it was revealed that the existing dwelling is within the required setback, however the addition is proposed to be further from the exterior lot line. The proposed addition and deck meets with all other Zoning By -law provisions (such as maximum height, rear and interior side yard setbacks) for dwelling units in the SR Zone. Therefore, based on the above the variance is considered to maintain the general intent of the Zoning By -law. Is the variance appropriate for the desirable development of the lot? A site inspection revealed that the proposed addition will be located approximately 11.23 metres from the rear lot line, while the attached deck will be located approximately 8.72 metres. The site inspection also revealed that the proposed addition and deck are not located on the travelled portion Development Services Meeting Date July 21, 2011 Application No. 2011 -A -21 Page 2 of 5 Page 41 of 127 5c) - 2011 -A -21 - Lori Femdley Crawford Street, Plan 807, N... of the road and that it is not within the required daylight triangle for a corner lot. The proposed addition is not visible from Crawford Street due to the large cedar hedge along the exterior lot line. The proposed addition and deck would be in keeping with character of the area. The proposed location is clear of any tree vegetation, which will allow for the applicant to have no need for tree removal. On this basis, the proposal is considered desirable for the appropriate development of the subject lot. Is the variance minor? As this application is deemed to conform with the Official Plan, maintain the intent of the Zoning By- law and constitutes appropriate development, the variance is considered to be minor. CONSULTATIONS: Transportation and Environmental Services - Building Department - Engineering Department — ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan CONCLUSION: In the opinion of the Planning Department, Variance application 2011 -A -21, being to reduce the required exterior side yard from 7.5 metres to 6.47 metres for the construction on an addition and deck to an existing dwelling, appears to meet the four tests of the Planning Act. Respectfully submitted: Steven Farquharson, 'B.URPL Intermediate Planner Reviewed by: Glenn White, MCIP, RPP Manager, Planning Services Development Services Meeting Date July 21, 2011 Application No. 2011 -A -21 Page 3 of 5 Page 42 of 127 5c) - 2011 -A -21 - Lori Femdley Crawford Street, Plan 807, N... SCHEDULE 1: LOCATION MAP 2011 -A -21 (Femdley) SUBJECT LANDS- 1 CRAWFORD STR EET Ll r ~ a Q d� U� LAKE SI MC OE Development Services Meeting Date July 21, 2011 Application No. 2011 -A -21 Page 4 of 5 Page 43 of 127 5c) - 2011 -A -21 - Lori Femdley 1 Crawford Street, Plan 807, N... SCHEDULE 2: SITE PLAN 2011 -A -21 (Femdley) p� '0 AU WEST. ti `FSB O p - T "AIMED ftD AQ) (20. 12 2412 ;0 C) N N _O T C �1 EU 0 OMPRBW rr cn � D OM ' 1 470%0.05N O M v q WNW) Development Services Application No. 2011 -A -21 s 97 E)M"NG t sly. RWA & SIDES OWIL NG J —1 p W.1 S i � G.L.: PR�OS771 1 57Y. L can J S ADDI M to f BAD G) PRM1O® Dmx N l � m iJOS 9 � MUM MItl*WAY m 9.33 9.75 • ° - 72.25 SIB(75� rf Z 3425 o � ? "-V Meeting Date July 21, 2011 Page 5 of 5 Page 44 of 127 5c) - 2011 -A -21 - Lori Femd ley 1 Crawford Street, Plan 807, N... Page 45 of 127 r t � •�A,���. Jt k�fi f�mr� - q , • • I XI Page 45 of 127 5c) - 2011 -A -21 - Lori Femd ley 1 Crawford Street, Plan 807, N... Page 46 of 127 5c) - 2011 -A -21 - Lori Femd ley 1 Crawford Street, Plan 807, N... Page 47 of 127 q a is r I ,� � '�) • . / , � 'a 'f,��., ','J:� �a a .. ►� � .. d y� ILL N u d 4 6 e Page 47 of 127 5c) - 2011 -A -21 - Lori Femd ley 1 Crawford Street, Plan 807, N... Page 48 of 127 fir. �� . �Y�• tt �� bl 1 All Page 48 of 127 5c) - 2011 -A -21 - Lori Femd ley 1 Crawford Street, Plan 807, N... � 1 i F. • 11 A c .. c s u r r Pty Page 49 of 127 (�i�o%.i�en/ Proud kTo*,T,. F-IINg 1"'." 5d) - 2011 -A -20 - Greg and Nadia Bell Concession 2, Part Lot ... TOWNSHIP OF ORO- MEDONTE REPORT Application No: To: Committee of Adjustment Prepared By: 2011 -A -20 Steven Farquharson, Intermediate Planner Meeting Date: Subject: Variance Application Motion # July 21, 2011 (Greg and Nadia Bell) Concession 2, Part of Lot 2, RP 51 R -31848 Part 1, 51 R -33292 Roll #: R.M.S. File #: 4346- Parts 3 &4 D13 -40654 Former Township of Oro REQUIRED CONDITIONS: The following conditions are required to be imposed on the Committee's decision: That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey /real property report that: a) only the proposed swimming pool be located no closer than approximately 53.2 metres from the average high water mark of Lake Simcoe; b) That the height of the proposed boathouse not exceed 5.4 metres from the average high water mark of Lake Simcoe 2. That the setback for the proposed swimming pool and boathouse be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 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 by the Planning Act R.S.O. 1990, c.P. 13. BACKGROUND: The purpose of this report is to consider a Variance Application 2011 -A -20, for relief from the Township's Comprehensive Zoning By -law in relation to reducing the minimum required setback from the average high water mark of Lake Simcoe for a swimming pool, and the maximum height for a boathouse. Development Services Application No. 2011 -A -20 Meeting Date July 21, 2011 Page 1 of 7 Page 50 of 127 5d) - 2011 -A -20 - Greg and Nadia Bell Concession 2, Part Lot ... ANALYSIS: The applicant is proposing to construct a swimming pool in the rear yard of a two - storey dwelling. The applicant is requesting relief from By -law 2004 -118, which specifies that no structures including swimming pools be located within 65 metres of the average high water mark of Lake Simcoe. The applicant is also proposing to construct a single storey boathouse with a proposed height of 5.4 metres. The applicant is requesting the following relief from Zoning By -law 97 -95: Zone: Agricultural /Rural Exception 142 (A/RU *142) Zone Required Proposed Setbacks for Structures (including swimming pools) from the Average High Water Mark of Lake Simcoe 65 m 53.2 m Section 5.6(e) Maximum Height of Boathouses 4.5 m 5.4 m FINANCIAL: Not applicable. POLICIES /LEGISLATION: Does the variance conform to the general intent of the Official Plan? The property is designated Shoreline, Rural and Environmental Protection Two overlay in the Official Plan. The proposed swimming pool and boathouse are to be located in the Shoreline designation. Section C5.2 of the Official Plan states that "permitted uses on lands designated Shoreline ... are single detached dwellings ". Therefore, the construction of a swimming pool and boathouse would be considered accessory permitted uses. On this basis, the proposal is considered to confirm to the general intent of the Official Plan. Does the variance comply with the general intent of the Zoning By -law? The subject property is located in the Agricultural /Rural Exception 142 (A/RU *142). Permitted uses in the A/RU *142 Zone include single detached dwellings. The zoning of the property to the A/RU *142 was put in place as a result of By -law 2004 -118, which required that all buildings and structures including pools to be located a minimum of 65 metres from the average high water mark of Lake Simcoe. The intent By -law 2004 -118, was to ensure there was consistency setback of structures along the shoreline in this area. The proposed swimming pool will be located approximately 53.2 metres from the average high water mark of Lake Simcoe. The purpose of the required setback from the average high water mark of Lake Simcoe is to: • protect the natural features of the shoreline within the general area, and of the shoreline on the subject property; • maintain and enhance the ecological integrity of the natural heritage system; • ensure that development does not occur on lands that are unstable or susceptible to flooding; and • ensure that development does not occur on hazardous slopes. Development Services Meeting Date July 21, 2011 Application No. 2011 -A -20 Page 2 of 7 Page 51 of 127 5d) - 2011 -A -20 - Greg and Nadia Bell Concession 2, Part Lot ... Based on the drawings submitted with the application, the proposed swimming pool would be setback 53.2 metres from the average high water mark of Lake Simcoe, which will maintain the general intent of ensuring that structures (include swimming pools) are consistently located further away from the shoreline. One of the purposes of regulating the location and height of boathouses along Lake Simcoe is to prevent over - development of the shoreline frontage which may lead to the shoreline being dominated by the boathouse structures and ultimately impacting the character of the shoreline. The proposed boathouse meets the setback provisions of the By -law and the percentage of water frontage occupied by the structure. The boathouse structure does exceed 4.5 metres, however the proposed boathouse height will exceed the maximum height standard by 0.9 metres. Boathouse height is calculated from the average high water mark not just the height of the boathouse structure. The proposed single storey boathouse with a roof top deck will remain, visually, secondary to the proposed dwelling, will not dominate the shoreline, and will not impact the potential views from adjacent lands. On this basis the variance is deemed to conform to the general intent of the Zoning by -law The Lake Simcoe Region Conservation Authority (LSRCA) has advised that it has no objection to the application, subject to the applicant obtaining a permit from the LSRCA prior to the issuance of a building permit, and that proper erosion and sediment control measures must be in place prior to any site alteration. On this basis, 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 the above, the application to reduce the required setback from Lake Simcoe to permit the construction of a swimming pool appears to be appropriate for the desirable development of the lot, as proposed swimming pool, will be placed in a location on the property which maintained the character of the area with the surrounding structures on neighbouring lots. Based on the site inspection, the proposed boathouse height would appear to be appropriate for the desirable development of the lot and in keeping with the surrounding shoreline area. It should be noted that there are mature trees located along both interior property lines of the proposed boathouse which will provide a visual buffer to the neighboring property. Given that the proposed boathouse height will not result in the over - development of the subject lot, and that the swimming pool will ensure a consistent setback of structures along the shoreline, the proposal is considered appropriate for the desirable development of the subject lot. Is the variance minor? As this application is not anticipated to have an adverse affect on the character of the surrounding shoreline residential area, the proposed variances is considered to be minor. Development Services Application No. 2011 -A -20 Meeting Date July 21, 2011 Page 3 of 7 Page 52 of 127 5d) - 2011 -A -20 - Greg and Nadia Bell Concession 2, Part Lot ... CONSULTATIONS: Transportation and Environmental Services - Building Department — Engineering Department — Lake Simcoe Region Conservation Authority (LSRCA) — No objection Comments Attached ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Schedule 3: Boathouse CONCLUSION: In the opinion of the Planning Department, Variance Application 2011 -A -20, to reduce the required setback from the average high water mark of Lake Simcoe, from 65 metres to 53.2 metres for a swimming pool, and the construction of a boathouse with a height of 5.4 metres appears to meet the four tests of the Planning Act. Respectfully submitted: Steven Farquharson, B.URPL Intermediate Planner Development Services Application No. 2011 -A -20 Reviewed by: Glenn White, MCIP, RPP Manager, Planning Services Meeting Date July 21, 2011 Page 4of7 Page 53 of 127 5d) - 2011 -A -20 - Greg and Nadia Bell Concession 2, Part Lot ... SCHEDULE 1: LOCATION MAP 2011 -A -21 (Greg and Nadia Bell) ff SUBJECT LANDS LAKE SI MCOE Development Services Meeting Date July 21, 2011 Application No. 2011 -A -20 Page 5 of 7 Page 54 of 127 L 10 g abed L LOZ `LZ Apr a ;ea 6uj;eeW 5d) - 2011 -A -20 - Greg and Nadia Bell Concession 2, Part Lot ... OZ-V -MZ *ON uoi;eoijddd Saoin.aaS }uawdojanaa --.��. a, _ rF rg.z— ptyrNV7d Z 121Yd '" T t R lit tt lk �1 u y 66 e- __, g i i elf 1 Tn � c� � •'`°. 2 � < < 0� ff8.��� � eo $ f � If' p o • _3 ct g r t "r ''� `• � , •°� ter, } •' . �"� � �.R 1 .1 kkll- Sat lk LU 9i la + �k+ 'r � �'41. 1 o°e tinn°Eo�o � .�') i ° { g � • I': � (li _ is rl � < e`a ice, •�•)Jr a �a t`r.�3 � �'� _� yt,! ro __ , � � �0 4 � � Wt• x�ya>� �d a3saao�d ., r7- �r-; � � '� _ an [9�M�Y613S�ft0�d Q35DdDl�" a aw '"d 13N 3115 (1108 72IPeN Puu 60J9) 2 -`d-I IN NV1d 311S :z 3,lf1a3HOS Page 55 of 127 5d) - 2011 -A -20 - Greg and Nadia Bell Concession 2, Part Lot ... L ;0 L abed OZ-W -L LOZ 'ON u011e3ijddy LLOZ `LZ Apr etua 6uneew sa01naag;uawd0lanaa 4 u I I I I O d N o t1 i I 0 I! I l $ p gq9 3 z o N C z o (1198 UIPUN pue 69aO) [Z-d-L [OZ 3snOHiVOB :S 31n(13HOS Page 56 of 127 5d) - 2011 -A -20 - Greg and Nadia Bell Concession 2, Part Lot ... Lake Simcoe Region jConservation Authority Sent by email sfarquharson @oro- medonte.ca July 13, 2011 File No.: 2011 -A -20 IMS No.: PVOC831C2 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: RE: Minor Variance Application -- Reduce Setback from Lake Simcoe for Accessory Structures, Increase Maximum Boathouse Height Above Lake Simcoe Greg & Nadia Bell, Owners Part of Lots 1 & 2, Concession 2 E.P.R. (Former Township of Oro) S/S Ridge Road West, Part 2, Plan 5111-33292 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 a new single family dwelling with associated pool, retaining walls and arbors, and a boathouse with an increased maximum height 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 Labe 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 shoreline erosion allowance with associated 100 -year wave uprush (FE = 220.64 masl) and steep slopes. 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. A permit will be required for the proposed boathouse, but the residence will be located outside of the regulated area. Page 1 of 3 120 Bayview Parkway '_ Box 282, Newmarket, Ontario L3Y 4X1 s - 44.,9,,J-20?1 Tel:905.895.1281 1.800.465.0437 Fax:905.853.5881 E -Mail: info @lsrca.on.ca Web: www.lsrca.on.ca Proud Past • Focused Future Page 57 of 127 5d) - 2011 -A -20 - Greg and Nadia Bell Concession 2, Part Lot ... Lake Simcoe Region Conservation Authority July 13, 2011 File No.: 2011 -A -20 IMS No.: PVOC831C2 Mr. Steven Farquharson Secretary- Treasurer, Committee of Adjustment Corporation of the Township of Oro - Medonte Page 2 of 3 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 or the Lake Simcoe shoreline. 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 residence and associated features are located outside the shoreline MVPZ, and the proposed boathouse is within the MVPZ, but is permitted as there is no alternative to locate it outside of the feature. Policy 6.27 -13P of the LSPP requires the establishment of natural self - sustaining vegetation for new development within the above noted MVPZ. Policy 6.29 -13P of the LSPP requires that the natural self sustaining vegetation shall be re- established to the extent feasible following completion of the activity. A re- vegetation plan will be required for the disturbed areas to stabilize the site after the construction of the boathouse. 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 boathouse will be located within the 100 -year shoreline erosion allowance, and within the 100 -year wave uprush. As the proposed boathouse does not contain a second storey it is not considered habitable space, therefore this proposal would be consistent with the PPS. Please advise the applicant that in accordance with the LSRCA's Planning and Development Fees Policy (April 23, 2010), the total fee for this application is $200.00. The applicant should be advised that currently this fee is outstanding and to please forward the above mentioned fee to the LSRCA as soon as possible. Should the Committee approve this Minor Variance application, we request that it be subject to the following conditions: 1. 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 boathouse, 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. 3. That all development fees ($200.00) be paid to the LSRCA in accordance with the Planning and Development Fees Policy (April 23, 2010) Page 58 of 127 5d) - 2011 -A -20 - Greg and Nadia Bell Concession 2, Part Lot ... Lake Simcoe Region `j Conservation Authority July 13, 2011 File No.: 2011 -A -20 IMS No.: PVOC831C2 Mr. Steven Farquharson Secretary- Treasurer, Committee of Adjustment Corporation of the Township of Oro - Medonte Page 3 of 3 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, 44L Ian Walker, BSc. Environmental Planner IW /cn C. Greg & Nadia Bell, Owners, ebell L(tjeiproducts.com Charles Burgess, Senior Planning Coordinator, LSRCA 5: \Env Plan \Plan Appls \Planning Letters \Minor Variances\ Ora- Medonte\ 2011 \PVOC831. 2011 -A- 20.5 -5 Ridge RoadWest. Bell. IW - Ldocx Page 59 of 127 ic; F Jov., ik oc FK iF 'Pot 0 5d) - 2011 -A -20 - Greg and Nadia Bell Concession 2, Part Lot ... Page 62 of 127 fqg IVAI J w j . WI Page 62 of 127 5d) - 2011 -A -20 - Greg and Nadia Bell Concession 2, Part Lot ... Page 63 of 127 5d) - 2011 -A -20 - Greg and Nadia Bell Concession 2, Part Lot ... Page 64 of 127 � ��4 f -. � A - ; ,. . � {. _. �b a1 � ��. � � ':�i � y In:. ,,SIN .'., ^4 .`'� . ^ i\n'r �"' .g _ �` N � `� r � v +f' A' � � k :� �" ��, ^� � � � r�N + "k � � i. r i- �� -,��� " � ���,` . ,.i l "�� � j I '�• : "mow- �� r �. i gip. � �_ � �:� " , �� .�1 ��. ��� yl {`�. � " �- ;x .: i ::: ( s � " ;: a.'. .. - ��::,.- i `'�I �' �" �? ri� " ".�. ;� . _ :: :�, i 5d) - 2011 -A -20 - Greg and Nadia Bell Concession 2, Part Lot ... Page 66 of 127 5d) - 2011 -A -20 - Greg and Nadia Bell Concession 2, Part Lot ... Page 67 of 127 . 7Ju+rrhiP of C9ivr� ✓�dont� P—d Henn, , li.a-d7ir{q Icuenrr 5e) - 2011 -A -17 -Garry and Marie Potter 18 Lakeshore Road Ea... TOWNSHIP OF ORO- MEDONTE REPORT Application No: To: Committee of Adjustment Prepared By: 2011 -A -17 Steven Farquharson, Intermediate Planner Meeting Date: Subject: Variance Application Motion # July 21, 2011 (Garry and Marie Potter) 18 Lakeshore Road East Plan 655, Lot 10 Roll #: R.M.S. File #: 4346 - 010 - 009 -44600 (Former Township of Oro) D13 -41851 REQUIRED CONDITIONS: BACKGROUND: The subject property occupies an area of approximately 0.14 hectares, has frontage along Lakeshore Road East of approximately 30 metres, and a lot depth of approximately 46 metres. The subject property has an existing dwelling with a floor area of approximately 83.6 square metres. The applicants are proposing to construct a detached accessory building on the subject property with a floor area of 113 square metres and a height of 5.1 metres above grade. The applicants are also proposing to increase the maximum lot coverage to 8% for accessory buildings. The applicant has indicated that the proposed detached accessory building is to be used for the storage of motor vehicles. ANALYSIS: The applicant is proposing to construct a detached accessory building occupying a floor area of 113 square metres and standing 5.1 metres high and increase the lot coverage to 8% on the above noted property. The applicant is requesting the following relief from Zoning By -law 97 -95: Zone: Shoreline Residential (SR) Zone 1. Section 5.1.4 — Maximum height 2. Section 5.1.5 — Maximum lot coverage Section 5.1.6 — Maximum floor area FINANCIAL: Not applicable. Required 4.5 metres 5% 70 square metres Proposed 5.1 metres 8% 113 square metres Development Services Meeting Date July 21, 2011 Application No. 2011 -A -17 Page 1 of 7 Page 68 of 127 5e) - 2011 -A -17 -Garry and Marie Potter 18 Lakeshore Road Ea... POLICIES /LEGISLATION: Do the variances conform to the general intent of the Official Plan? The subject property is designated Shoreline in the Township's Official Plan. Section C5.1 of the Official Plan states that the objective of the Shoreline designation is: • "To maintain the existing character of this predominantly residential area" • "To protect the natural features of the shoreline area and the immediate shoreline" The requested variance for an accessory building would appear to maintain the character of the residential area, as the use of the subject lands is not proposed to be changed. Based on the above, the variance would conform to the general intent of the policies contained in the Official Plan Does the variance meet the general intent of the Zoning By -law? The subject property is zoned Shoreline Residential (SR) Zone in the Township's Zoning By -Law 97- 95. The purpose for regulating the size, height and lot coverage of accessory buildings is to ensure that such buildings clearly remain secondary to the primary use on the lot, in this case residential. Provisions for the maximum floor area for a private garage in the SR Zone are limited to a floor area of 70 square metres. The applicant has indicated that the need for an accessory building with a floor area of 113 square metres, is for the storage of motor vehicles. Section 5.1.6 of the Zoning By -Law states that "the maximum floor area of any one detached accessory building or structure, excluding boathouses, is 70 square metres ". The purpose for regulated the maximum floor area for detached accessory buildings, based on lot size, is to ensure that no one detached accessory building will compromise the main use and /or visual prominence of the main building on a lot, being a residential use or a single detached dwelling. Section 5.1.5 of the Zoning By -law states that "the maximum lot coverage of all detached accessory buildings and structures on a lot, excluding boathouses, is 5 percent ". The purpose for regulating the maximum lot coverage for accessory buildings is to ensure that the rural character of the area is maintained and that the lot is not over - developed, and that the residential building remains the primary use of the lot. The construction of a detached accessory building with a floor area 113 square metres, would result in an accessory building on the property with a floor area greater than the existing dwelling of 83.6 square metres. Further, the proposed accessory building is anticipated to be the visual prominence as the main use of the lot, which is not the intent of the Zoning By -law. Section 5.1.4 of the Zoning By -Law states that "[the] maximum height of any detached accessory building ... is 4.5 metres". The purpose of a maximum height for detached accessory buildings is to restrict the visual impact of accessory buildings and to ensure that their visual prominence will remain clearly secondary to the main use and /or main building on the lot. The proposed detached accessory building's height would be similar to that of the existing dwelling, however the overall floor area of the building will give the perception that the accessory building's height is greater than that the existing dwelling. Development Services Meeting Date July 21, 2011 Application No. 2011 -A -17 Page 2 of 7 Page 69 of 127 5e) - 2011 -A -17 -Garry and Marie Potter 18 Lakeshore Road Ea... On the basis of the above, the proposed variances from the maximum floor area, maximum lot coverage and maximum height provisions, are not considered to meet the general intent of the Zoning By -Law. Is the variance appropriate for the desirable development of the lot? A site inspection revealed very minimal vegetative buffer presently exists between the proposed location of the proposed detached accessory building, and the neighbouring lot to the west. This site inspection also revealed that accessory buildings on nearby properties do not compromise the visual prominence of single detached dwellings on these lots. With respect to the proposed variances from the maximum floor area and lot coverage provisions, Planning staff concluded during the site visit that the majority of the properties in the area, either do not have detached accessory buildings or that they do not exceed the maximum 70 square metre floor area. The proposed accessory building having a floor area of 113 square metres is anticipated to have a visual impact on the main use of the lot being residential. The existing dwelling is a non- conforming structure as it has a floor area 83.6 square metres, which does not meet the requirements under Zoning By -law 97 -95 of 90 square metres and is located approximately 2.5 metres from the east interior lot line, where the requirement is 3 metres for a single detached dwelling in the SR Zone. The subject lands are also deficient in terms of the lot area requirements in the SR Zone, which require a lot size of 0.2 hectares, and the subject lands has a lot area of 0.14 hectares. By allowing for the applicant to construct a 113 square metre accessory building on a deficient lot and increasing the lot coverage to 8% is considered not to be appropriate. With respect to the proposed variance from the maximum height for the proposed detached accessory building, the proposed increase in the height permitted for a detached accessory building, from 4.5 metres to 5.1 metres. With the cumulative effect of all requested variances, it is anticipated there will be a visual prominence over the existing dwelling, and is anticipated to compromise the main use of the lot. As a result of the comments received from the Chief Building Official, the applicant is required to verify the existing septic system size and location. This will ensure that access to and location of the proposed accessory building will not be impeded by the existing septic location. On this basis, the proposed variances from the maximum floor area, maximum lot coverage and maximum height provisions, are not considered to be appropriate for the desirable development of the lot. Is the variance minor? The proposed variances from the maximum floor area, lot coverage and maximum height, would appear to have a cumulative effect which would result in the proposed 113 square metre accessory building occupying a larger area on the lot than the existing dwelling. Therefore, the combined variances from the maximum floor area, lot coverage and maximum height for a detached accessory building are not considered to be minor. Development Services Meeting Date July 21, 2011 Application No. 2011 -A -17 Page 3 of 7 Page 70 of 127 5e) - 2011 -A -17 -Garry and Marie Potter 18 Lakeshore Road Ea... CONSULTATIONS: Transportation and Environmental Services - Building Department- No records of sewage system on file. Applicant to verify size and location of existing system Engineering Department — ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Schedule 3: Exterior Elevation CONCLUSION: In the opinion of the Planning Department, Variance Application 2011 -A -17, specifically, to permit the construction of a detached accessory building occupying a total floor area of approximately 113 square metres on the subject property, having a height of approximately 5.1 metres and to have approximately 8% percent lot coverage, that the cumulative effect of all proposed variances together does not appear to meet the four tests of the Planning Act. Respectfully submitted: Steven uhrson. B. URPL Intermediate Planner Reviewed by: Glenn White, MCIP, RPP Manager, Planning Services Development Services Meeting Date July 21, 2011 Application No. 2011 -A -17 Page 4 of 7 Page 71 of 127 Development Services Application No. 2011 -A -17 5e) - 2011 -A -17 -Garry and Marie Potter 18 Lakeshore Road Ea... SCHEDULE 1: LOCATION MAP 2011 -A -17 (Garry and Marie Potter) SUBJECT LANDS 18 Lakeshore Road East CJ�I LAKE SI MCOE Meeting Date July 21, 2011 Page 5 of 7 Page 72 of 127 5e) - 2011 -A -17 -Garry and Marie Potter 18 Lakeshore Road Ea... SCHEDULE 2: SITE PLAN 2011 -A -17 (Garry and Marie Potter) LOT 27 CONCESSION 8 £x PIN 58559 - 0377 - M (1403) X10034 — V � - _ A89-0308, 40" W S 3 CQ �5�0"� �'� SID (154yj Mii� mum St�bS K PROPOS�p �) op�GAj2FlG E WELL 1+133' REGISTERE a Irn �€ 035f•M PLN LOT 9 PIN 58559 F9 `^ LO O 655 -0"2 58559 -0043 LOT 11 PIN 58559 - 0044 324' 71.4' 0 8, Septic locatio n'. � 0 zz 0.05 � o 13/2 3ToRHY AGg '^ z x .I � 3 SM (1403) R- 291.001 •``�' 019.78' A�Ip028' m 8iB(1346) x v LAKESHORE ROAD (ORVALE DRIVE HY R.P. 655) p� s8S5 EAST Development Services Application No. 2011 -A -17 Meeting Date July 21, 2011 Page 6 of 7 Page 73 of 127 5e) - 2011 -A -17 - Garry and Marie Potter 18 Lakeshore Road Ea... L 1 L abed L L-V -L LOZ 'oN uopeollddd LLOZ `LZ Ainr awa Bupow saolnaag juauwdolanaa TIT I • rt o ` fV 1 j W E E d�y Ll-j ,zt D0 W W = Lu W C) d = °o �g a (1e110d eueW PUB AAJe0) L I-V- I lOz NOUVAT I HOIH31X3 :E TMODHOS Page 74 of 127 5e) - 2011 -A -17 - Garry and Marie Potter 18 Lakeshore Road Ea... Page 75 of 127 MA 5e) - 2011 -A -17 - Garry and Marie Potter 18 Lakeshore Road Ea... Page 77 of 127 11 �•.' - �6 n t I � 1 �j 1111 X 1 1 Y � y • ✓ rCr Y E 4 Page 77 of 127 5e) - 2011 -A -17 - Garry and Marie Potter 18 Lakeshore Road Ea... Page 78 of 127 All I t r i Page 78 of 127 tier i � { ¢; 9� 1� A ' h 1� I Y } ° t /1 _ 1� y 9• �A1 �'r C I S r.. r' N 5e) - 2011 -A -17 - Garry and Marie Potter 18 Lakeshore Road Ea... Page 80 of 127 ^I r S+ V -x :l vli `f°,1 _ •/ Fri r�. \\ z_ 2 1 Ilk • - � i.._ �. fit, t a F,.. g . ui ♦ � 4 Page 80 of 127 5e) - 2011 -A -17 - Garry and Marie Potter 18 Lakeshore Road Ea... Page 81 of 127 to • � i�' � ? _ « 3�I �W a G.. .�" �� � � � , I l� Page 81 of 127 5e) - 2011 -A -17 - Garry and Marie Potter 18 Lakeshore Road Ea... BYLAW'� INITI r REVISED VARIANCE iVARIANCE - _ �_ # Q ST iAEQ QUEST'_ SIZE 70sm 113sm 1. 1 (753sf) (1216sf) % 5.0%, 8.0 %® 6.6 %® 5 flIGH. 4.5m .1m 4.9m (14.7ft)' (16.7ft) (16.1 ft) RECEIVED JUL 2 0 2011 ORO-MEDONTE TOWNSHIP Page 82 of 127 - \.S, a9 5e) - 2011 -A -17 -Garry and Marie Potter 18 Lakeshore Road Ea... 1 i, O j IJ V\ Uc' t1 1' Page 83 of 127 5e) - 2011 -A -17 -Garry and Marie Potter 18 Lakeshore Road Ea... Re: Minor variances Application 2011 -A -17 18 Lakeshore Road E; Oro Station, LOL2EO I have spoken with Garry Potter and reviewed the drawings for the proposed garage at 18 Lakeshore Road E. We discussed the proposed variances for the new garage and I have no objection to this application. Name: ljZI- Z��o (,JCa2� Signature: Address: ­7 L.AILt�E;S � Date: ::gv r3 ia 2� 2� d HECEI E JUL 2 a bbl ORO- MEDONTE TOWNSHIP Page 84 of 127 5e) - 2011 -A -17 -Garry and Marie Potter 18 Lakeshore Road Ea... Re: Minor variances Application 2011 -A -17 18 Lakeshore Road E; Oro Station, LOL2EO I have spoken with Garry Potter and reviewed the drawings for the proposed garage at 18 Lakeshore Road E. We discussed the proposed variances for the new garage and I have no objection to this application. Name: Signature: Address: v Date: ECNk- 0 JUL 2 0 2091 Page 85 of 127 5e) - 2011 -A -17 -Garry and Marie Potter 18 Lakeshore Road Ea... Re: Minor variances 10* = I 18 Lakeshore Road E; Oro Station, LOL2EO I have spoken with Garry Potter and reviewed the drawings for the proposed garage at 18 Lakeshore Road E. We discussed the proposed variances for the new garage and I have no objection to this application. Name:v Signature: RECEIVED JUL 2U1511 ®RO- MED®NTE TOWNSHIP Page 86 of 127 - .- 5e) - 2011 -A -17 - Garry and Marie Potter 18 Lakeshore Road Ea... I have spoken with Garry Potter and reviewed the drawings for the proposed garage at 18 Lakeshore Road E. We discussed the proposed variances for the new garage and I have no objection to this application. Signature. Address: ern , ®etas c� Page 87 of 127 5e) - 2011 -A -17 - Garry and Marie Potter 18 Lakeshore Road Ea... Re: minor variances -,' - 18 Lakeshore Road E; Oro Station, L®L2E® I have spoken with Garry Potter and reviewed the drawings for the proposed garage at 18 Lakeshore Road E. We discussed the proposed variances for the new garage and I have no objection to this application. Name: Address: �_ Date: -Is �a --:> HECEIVED JUL 2D101" ORO-MEDONTE Page 88 of 127 5e) - 2011 -A -17 -Garry and Marie Potter 18 Lakeshore Road Ea... Re: Minor variances Application 2011 -A -17 18 Lakeshore Road E; Oro Station, LOL2EO I have spoken with Garry Potter and reviewed the drawings for the proposed garage at 18 Lakeshore Road E. We discussed the proposed variances for the new garage and I have no objection to this application. Name:g Signature: Address: Date: JUL 2 Q 20 TOWNSH1. Page 89 of 127 5e) - 2011 -A -17 - Garry and Marie Potter 18 Lakeshore Road Ea... Re. Minor variances Application 2011-A-17 18 Lakeshore Road E; Oro Station, LOL2EO I have spoken with Garry Potter and reviewed the drawings for the proposed garage at 18 Lakeshore Road E. We discussed the proposed variances for the new garage and I have no objection to this application. Name: 4AJ-1V [C) P*" ()4'e 1 F—a"o Signature: A Address: Date: 7 -1 JUL J 6 MI ORO-PijEDONTe —10—WINSHm Page 90 of 127 5e) - 2011 -A -17 - Garry and Marie Potter 18 Lakeshore Road Ea... Re- Minor variances Application 2011-A-17 18 Lakeshore Road E; Oro Station, LOL2EO I have spoken with Garry Potter and reviewed the drawings for the proposed garage at 18 Lakeshore Road E. We discussed the proposed variances for the new garage and I have no objection to this application. Name: Ve Signature: Address: Date: —Ja Z-/ Z4 //! JUL ). 0 Jull ORO-MEDONTE Page 91 of 127 5e) - 2011 -A -17 -Garry and Marie Potter 18 Lakeshore Road Ea... Re: Minor variances 18 Lakeshore Road E; Oro Station, LOL2EO I have spoken with Garry Potter and reviewed the drawings for the proposed garage at 18 Lakeshore Road E. We discussed the proposed variances for the new garage and I have no objection to this application. Name :✓J,jp��/��ti/yf4`�cc.9�11L� Signatures. Address: /2 `r �o Date: 2 7`/1 RECEIVED JUL � 6 gait ORo- MEDONTE Page 92 of 127 5e) - 2011 -A -17 -Garry and Marie Potter 18 Lakeshore Road Ea... Re: Minor variances Application 2011 -A -17 18 Lakeshore Road E; Oro Station, L®L2E® I have spoken with Garry Potter and reviewed the drawings for the proposed garage at 18 Lakeshore Road E. We discussed the proposed variances for the new garage and I have no objection to this application. Name: xc_ A/ Ck''09RFoe D Signature: Address: - 7 o rre,5 Date: J i-I L Xa� _-1-41 74-C! la- / JUL 2 p ZUII ORO- fEDONT'E Page 93 of 127 5e) - 2011 -A -17 -Garry and Marie Potter 18 Lakeshore Road Ea... 13 Lakeshore Road Last Oro Station, Ontario LOL .LEO RECEIVED-1 JUL 2 0 2011 Delivered ORO -MEDON E I TOWNSHIP Wednesday July 20, 2011 Committee of Adjustments Oro - Medonte Township Municipality Building 7th Line Oro - Medonte, Ontario Dear Sirs; Re: Application for Minor Variance Submission No. 2011 -A -17 By Garry and Marie Potter Date of Hearin a: July 21 2011 Please be advised that Julie Parna and I oppose the above noted Application for Minor Variance. I am enclosing five copies of our Objection. I would be grateful if a copy could be provided to each member of the Committee of Adjustments prior to the hearing commencing on July 21, 2011 at 10:00 a.m. Thank you for your consideration. �Yvurs-ve��;uly, R. Clive Algi Days: (905) 836 -5922 Fax: (905) 836 -1176 Page 94 of 127 5e) - 2011 -A -17 - Garry and Marie Potter 18 Lakeshore Road Ea... IN THE FATTER OF Section 45 of the Planning Act, R.S.O. 1990 c. P.13 NEVIrIlE AND IN THE MATTER of an application for a minor variance, Submission No. 2011 -A -17 Being an application made by Garry and Marie Potter for a variance of the by -laws to permit the construction of a detached accessory building exceeding the by -law limits on the real property legally described as Plan 655, Lot 10 and municipally described as 18 Lakeshore Road East, Oro Station; With such application to be heard at the Oro Medonte Municipal Township Municipal Building on July 21, 2011 at 10:00 a.m. RECIFIVU NOTICE OF OBJECTION of Clive Algie and Julie Parna Jul. ) 8 N11 13 Lakeshore Road East, Oro Station ORO- Yllli=DON TE Take notice that the within objectors, Clive Algie and Julie Parna herebypgive ni their objection to the said application for the variance on the following grounds: 1. The proposed structure does not appear to fit into the overall nature and appearance of the neighbourhood. The proposed variance is not desirable for the appropriate development or use of the property. The neighbourhood consists of a quiet unlit residential street that follows the shoreline of Lake Simcoe. The homes on the lane are both seasonal cottages and modest homes on both the lakeside of the road and the hinterland side of the road. Without exception, the accessory buildings (garages) along the street "fit in" with the home constructed on each lot. It is reasonable to assume that homeowners when constructing new homes or accessory buildings on their lots have endeavoured to maintain the "look" of the neighbourhood by constructing garages that are "appropriate" to the home on the lot. Smaller cottages have modest garages (if any at all), and larger homes have larger garages that mirror the home. Photos of several immediate neighbouring homes are attached as Schedule "A ". It is respectfully submitted that the placement of a gigantic garage that literally dwarfs the existing cottage on the lot will change the look of the neighbourhood. It appears from the sketch forming part of the application that the proposed garage will have over twice the floor area than the floor area of the existing cottage on the lot. Photos of the existing cottage are attached as Schedule `B ". The existing cottage appears to be approximately twenty feet in height. The proposed garage would be over twice the size in area than the existing cottage, and taller than the existing cottage. (The actual high point on the proposed roof appears to be 21.5 feet which is 6.5 metres.) The sketch discloses that the cottage measures twenty feet on the front, which is less than two thirds of the length of the front of the garage. /2 Page 95 of 127 5e) - 2011 -A -17 - Garry and Marie Potter 18 Lakeshore Road Ea... -2- It is respectfully submitted that enormity of the proposed structure does not fit within the general appearance of the homes in the neighbourhood and if constructed the structure will give the appearance of a fire hall or municipal building within the residential community. Furthermore, In the event that the applicant sells the subject lot, the value in the property over and above the land value, would be the value of the garage. The cottage would in all likelihood have to be torn down and a new residence constructed at great cost. Accordingly, it is likely that a prospective purchaser would be interested in the lot for the same reason that the applicants purchased it... for storage and for working on vehicles. It is respectfully submitted that the disparity between the size and quality of the proposed all season, heated and winterized garage and the existing small "l % storey frame [seasonal] cottage" is not desirable for the appropriate development or use of the property. 2. The proposed structure is not a "minor variance" contemplated by the By Laws and Section 45 of the Planning Act The proposed floor area is some 43 square metres larger than the permitted 70 square metres. That is over 462 square feet larger than the by -law permits. The proposed floor area is over sixty percent larger than that permitted by the by -law. It is respectfully submitted that in area alone, the proposed structure can in no way be considered a "minor" variance under any reasonable definition of the term. Similarly, the by -law permits a detached accessory building to cover a maximum of 5% of the lot. The proposed, 8% coverage is sixty percent more than is permitted by the by -law. Again, it is respectfully submitted that a building covering sixty percent more of the lot than that permitted by the by -law is massive... and is not a "minor" variance. Although the proposed height of the building is only approximately 14% higher than the by -law permits (the proposed 5.1 metres being approximately 14% higher than the permitted 4.5 metres), the measurement is deceiving. Although the proposal seeks to have a structure height of .6 metres (about two feet) higher than that permitted, as a result of the definition of "height" being measured only as the "mean level between the eaves and ridge" (By Law 97 -95 Section 6 — Defmitions), the reality is that the actual height is 1.2 metres (four feet) higher than the permitted 4.5 metres. In fact the entire roof of the structure is situated above the permitted 4.5 metres. (It is assumed that the sketch of the front of the garage submitted is inaccurate and not drawn to proportion, given that the. sketch depicts a roof that is equal in height from eaves to peak to the height from ground to eaves, which would be a 9 metre (or twenty four foot) high building). ...3 Page 96 of 127 5e) - 2011 -A -17 - Garry and Marie Potter 18 Lakeshore Road Ea... -3- Furthermore, it is extremely significant that given that the floor area of the proposed building is a whopping 113 square metres (371 square feet), the fact that the entire roof of the structure is situated higher than the permitted height, (and at its peak, 1.2 metres higher than the permitted height), takes this application out of the "minor variance" definition. It is respectfully submitted that in order for such a large structure to be permitted to have its entire roof located above the height limit an amendment to the by law would be required. 3. The Proposed Structure is Contrary to the General Intent and Purpose of the Zoning By -Law The By -Law relating to the construction of an accessory building specifically contemplates the accessory building being "subordinate to" or "incidental to" the main building on the lot. An Accessory Building is defined as "A detached building or structure the use of which is naturally and normally incidental to, subordinate to, or exclusively devoted to the principal use or main use or main building on the same lot." It is common knowledge that the intent of the applicants is to use the proposed structure for the storage, maintenance and repair of antique automobiles. Such proposed use is also apparent from the disparity between the size and quality of the cottage and the proposed structure. Even if the proposed use were not relevant, the very physical appearance of the lot if the accessory building were to be permitted to be constructed, would be that the residence is incidental to, or subordinate to the garage. A similar concept can be found at Section 5.1.1.2 of the By -Law that requires that the residence be constructed before any accessory building be constructed. Again, it is respectfully submitted that the purpose of the by -law is to maintain the residential appearance of properties that are zoned Shoreline Residential, and it would be contrary to the general intent and purpose of the By -Law to permit the construction of such a massive garage on a modest size lot adjacent to a tiny cottage. 4. The Proposed Structure is Contrary to the General Intent and Purpose of the Official Plan The "Vision Statement" of the Official Plan notes that... "According to the people of Oro- Medonte, the excellent quality of life is what makes the Township a desirable place to live. This quality of life is created, in large part, by the rural character of the community... Rather than being dominated by man -made structures and landscaped yards, the Township has an open, relatively natural and rural character. These are the qualities that, taken together, contribute to the identity of the community that is of the greatest importance to the residents. " ... /4 Page 97 of 127 5e) - 2011 -A -17 - Garry and Marie Potter 18 Lakeshore Road Ea... -4- It is respectfully submitted that the proposed structure does not fit in with the intent and purpose of the Official Plan for Oro Medonte. If constructed, the accessory building would dominate the lot. The proposed structure is intended to cover eight percent (or virtually one twelfth) of the entire property, and stand at its peak 1.2 metres (almost four feet) above the permitted height. It is respectfully submitted that such a structure would "dominate" the landscape, contrary to the vision of the Official Plan. One of the objectives of the "Shoreline" designation contained in the Official Plan (Part C5.1) is "To maintain the existing character of this predominantly residential area ". The proposed garage does absolutely nothing to maintain the existing character of the area, and in fact, will contribute to the destruction of the area as a predominantly residential area. Summary For the reasons expressed above, it is respectfully submitted that the Application for a "minor variance" be denied or otherwise dismissed. All of which is respectfully submitted by the within objectors, Clive Algie and Julie Parna this 19 day of July, 2011. Clive Algie a 13 Lakeshore oad East 1 ore Ro ad East Oro Station, Ontario Oro Station, Ontario LOL 2EO LOL 2E0 (705) 487 -0501 (705) 487 -0501 Page 98 of 127 !� F fie.. �� .� , ,t i$• � tit �1 Now Aw .64 ran wuJup of 01T T����crate� Proi+d HeriMyny Ex�ifivy luu +rr 5f) - 2011 -A -16 - Doug Austgarden and Michelle Cellucci 191 ... TOWNSHIP OF ORO- MEDONTE REPORT Application No: To: Committee of Adjustment Prepared By: 2011 -A -16 Steven Farquharson, Intermediate Planner Meeting Date: Subject: Variance Application Motion # July 21, 2011 (Doug Austgarden & Michelle Cellucci) Plan 807, Lot 27 191 Lakeshore Road West Roll #: R.M.S. File #: 4346 - 010- 008 -2640 D13 -41848 REQUIRED CONDITIONS: BACKGROUND: The purpose of this report is to consider a Variance Application 2011 -A -16, to construct a boathouse with a proposed height of 6.98 metre from the average high water mark of Lake Simcoe. The existing boathouse has a height of 5.29 metres, which does not comply with the Zoning By -law, therefore it is considered to be a non - conforming building. The applicants are also proposing an attached deck to the boathouse, which is proposed to have a total area of 114 square metres. ANALYSIS: PURPOSE OF APPLICATION: The applicant is requesting the following relief from Zoning By -law 97- 95: Non - Complying Buildings /Structures Section 5.16.1 c) does not in any other way increase a situation of non - compliance (Height of Boathouse) Zone: Shoreline Residential (SR) Zone Required Proposed Section 5.7 b) — Maximum total area of deck and boathouse 70 square metres 147 square metres FINANCIAL: Not applicable. POLICIES /LEGISLATION: Township of Oro - Medonte Official Plan The property is designated Shoreline in the Official Plan. Township of Oro - Medonte Comprehensive Zoning By -law 97 -95 The subject property is zoned Shoreline Residential (SR) Zone Development Services Meeting Date July 21, 2011 Application No. 2011 -A -16 Page 1 of 5 Page 101 of 127 5f) - 2011 -A -16 - Doug Austgarden and Michelle Cellucci 191 ... CONSULTATIONS: Transportation and Environmental Services - Building Department - Engineering Department - Lake Simcoe Conservation Authority- Request Deferral ATTACHMENTS: Schedule 1: Location Map - Schedule 2: Boathouse Height Elevation Schedule 3: Elevation CONCLUSION: The Lake Simcoe Region Conservation Authority has requested that the application be deferred in order to accommodate additional time to review the proposed application. Planning Staff has completed a preliminary review of the application and have concerns with the current proposal. It is suggested that the applicants have discussions with Planning staff regarding the proposed variance application and staff's concerns. The application will be brought forward to a future meeting once the Township has received comments from the Lake Simcoe Region Conservation Authority. Respectfully submitted: Reviewed by: c� Steven F arson, B.URPL Glenn White, MCIP, RPP Intermediate Planner Manager, Planning Services Development Services Meeting Date July 21, 2011 Application No. 2011 -A -16 Page 2 of 5 Page 102 of 127 5f) - 2011 -A -16 - Doug Austgarden and Michelle Cellucci 191 ... SCHEDULE 1: LOCATION MAP 2011 -A -16 (Austgarden & Cellued) N O LOT 27 e REGISTERED PLAN „ 807 L Y �1 7m EXISTING BOATHOUSE IS .c av �e HEIGHT O .3 BE INCREASED IN g ai s =V=" T y n' FOUND T ION AND THE SAME TO BE UTI ZXFMN WOTPRINT ARE TO BE UTILIZED. ps i ACOVERED BOAT SLIP'S s G A1° Q PROPOSED IN FRONT OF THE yqE RENOVATEDBOATHOUSE, INCREASING THE FLOOR M AREA OF THE BOATHOUSE TO 111s¢m_(11835g1t). THE EXISTING CONCRETE DOCK IS TO BE UTILIZED. m WATER mx LOT 59523 o C.L.S. LAKE SIMCOE Development Services Meeting Date July 21, 2011 Application No. 2011 -A -16 Page 3 of 5 Page 103 of 127 5)- 2O]] -& -]8 -Doug &umgamen and Michelle Cdbc| 191 ... 9Pt, aed LLOz`e An ma Bune em Ed§ § l 60 ! y |{ ■;, .. { ;� �� - - -- - - -- ' . � I � Ui c0 / CL ■° ; o [ ) E3 2 ■ ! i § ( { \ - � ' / §2 �B . - - - +q @/ (po mRg § ua@vF) pnd 9L- -LLOZ NO |Iva]]] IHS |]H ]SAOHIVOG :z]]AO]HOS gwdLmVQNu!le@MdV s oima WmdJOA a Page 104 of 127 5f) - 2011 -A -16 - Doug Austgarden and Michelle Cellucci 191 ... SCHEDULE 3: ELEVATION 2011 -A -16 (Austgarden & Cellucci) ss �m � 9 n s 0 Development Services Meeting Date July 21, 2011 Application No. 2011 -A -16 Page 5 of 5 Page 105 of 127 5f) - 2011 -A -16 - Doug Austgarden and Michelle Cellucci 191 ... From: Ian Walker To: Farquharson, Steven Subject: 2011 -A -16 - Minor Variance Date: Wednesday, July 13, 20114:27:23 PM Good afternoon Steven, LSRCA is requesting deferral of the proposed application, in order to accommodate time to review and provide comments on this application. Ian Ian Walker, B.Sc. Environmental Planner Lake Simcoe Region Conservation Authority 120 Bayview Parkway, Box 282, Newmarket, Ontario L3Y 4X1 Proud Pail-I'v wdFuture 905.895.1281 x287 11.800.465.0437 1 i.walker Isrca.on.ca I www.lsrca.on.ca Page 106 of 127 5f) - 2011-A-16- Doug Austgarden and Michelle Cell ucci 191 ... Page 107 of 127 • ,� ,� ,fin long fk, L L JL d � Page 107 of 127 5f) - 2011-A-16- Doug Austgarden and Michelle Cell ucci 191 ... 7/ 46 } Page 108 of 127 5f) - 2011-A-16- Doug Austgarden and Michelle Cell ucci 191 ... Page 109 of 127 T I o G / jrY� lrF '• w�� a • � � "lid ; i�IL. � ��. � Page 109 of 127 5f) - 2011-A-16- Doug Austgarden and Michelle Cell ucci 191 ... Page 110 of 127 • 'h Y • u LU P • Page 110 of 127 5f) - 2011-A-16- Doug Austgarden and Michelle Cell ucci 191 ... Page 111 of 127 ' X45 �• N Nk • �i_ fir. � r ����. � y✓ `. -. ' r a 4j0 A ARM 1� a_ • .. •Y�3 • `' �, 1' 1 ~ �. Ill Page 111 of 127 4 f \ \� I INS 5f) - 2011-A-16- Doug Austgarden and Michelle Cell ucci 191 ... Page 113 of 127 � ry , • 1 r 4 F4 Page 113 of 127 ore (9 r'�1�e�ite Pn.ud Elniingc, Excising Fnnrrr 5g) - 2011 -A -18 - Zahra Assadian 1753 Ridge Road West, East P... TOWNSHIP OF ORO- MEDONTE REPORT Application No: To: Committee of Adjustment Prepared By: 2011 -A -18 Steven Farquharson, Intermediate Planner Meeting Date: Subject: Variance Application Motion # July 21, 2011 (Zahra Assadian Biouckzadeh) East Part of Lot 28, Concession 3, 51 R- 28760, Parts 5 & 6 Roll #: R.M.S. File #: 4346- 010 - 007 -2140 1753 Ridge Road D13 -41850 REQUIRED CONDITIONS: BACKGROUND: The purpose of this report is to consider a Variance Application 2011 -A -18, for relief from the Township's Comprehensive Zoning By -law in relation to the maximum height provision for boathouses. ANALYSIS: PURPOSE OF APPLICATION: The applicants are proposing to construct a two- storey boathouse which is proposed to have a total area of 67 m2 (724 ft2). The applicants are requesting the following relief from Zoning By -law 97 -95: 1. Section 5.6 a) Maximum height for the boathouse from the required 4.5 metres (14.7 feet) to a proposed 8.4 metres (27.7 feet). FINANCIAL: Not applicable. POLICIES /LEGISLATION: Township of Oro - Medonte Official Plan The property is designated Shoreline in the Official Plan. Township of Oro - Medonte Comprehensive Zoning By -law 97 -95 The subject property is zoned Shoreline Residential (SR) Zone Development Services Meeting Date July 21, 2011 Application No. 2011 -A -18 Page 1 of 5 Page 114 of 127 5g) - 2011 -A -18 - Zahra Assadian 1753 Ridge Road West, East P... CONSULTATIONS: Transportation and Environmental Services - Building Department - Engineering Department - Lake Simcoe Conservation Authority- Request Deferral ATTACHMENTS: Schedule 1: Location Map Schedule 2: Site Plan Schedule 3: Elevations CONCLUSION: The Lake Simcoe Region Conservation Authority has requested that the application be deferred in order to accommodate additional time to review the proposed application. Planning Staff have completed a preliminary review of the application and have concerns with the current proposal. It is suggested that the applicant has discussions with Planning staff regarding the proposed variance application and staff's concerns. The application will be brought forward to a future meeting once the Township has received comments from the Lake Simcoe Region Conservation Authority. Respectfully submitted: A;Far4 arson,t3.URPL Intermediate Planner Development Services Application No. 2011 -A -18 Reviewed by: Glenn White, MCIP, RPP Manager, Planning Services Meeting Date July 21, 2011 Page 2 of 5 Page 115 of 127 5g) - 2011 -A -18 - Zahra Assadian 1753 Ridge Road West, East P... SCHEDULE 1: LOCATION MAP 2011 -A -18 (Z. Assadian Biouckzadeh) SUBJECT LANDS- 1753 Ridge Road West �I M lu z RIDGE� LAKE 51 MCOE Development Services Meeting Date July 21, 2011 Application No. 2011 -A -18 Page 3 of 5 Page 116 of 127 5g) - 2011 -A -18 - Zahra Assadian 1753 Ridge Road West, East P... g 10 b abed 8 L-b-L LOZ 'ON uopmilddd LLOZ `LZ Ainp a ;ea Bupaw saoinaaS Iuawdolanad m, I y3 rl 1. 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From: Ian Walker To: Farquharson, Steven Subject: 2011 -A -18 - Minor Variance Date: Wednesday, July 13, 20114:27:37 PM Good afternoon Steven, LSRCA is requesting deferral of the proposed application, in order to accommodate time to review and provide comments on this application. Ian Ian Walker, B.Sc. Environmental Planner Lake Simcoe Region Conservation Authority 120 Bayview Parkway, Box 282, Newmarket, Ontario L3Y 4X1 Proud Pail-I'v wdFuture 905.895.1281 x287 11.800.465.0437 1 i.walker Isrca.on.ca I www.lsrca.on.ca Page 119 of 127 5g) - 2011 -A -18 - Zahra Assadian 1753 Ridge Road West, East P... Page 120 of 127 .4o •'k:' %^fie • • i � / M r • µI l I� Page 120 of 127 5g) - 2011 -A -18 - Zahra Assadian 1753 Ridge Road West, East P... Page 121 of 127 0 ;. a- N � � m V � 0 N {. m w 0 00 o Q N o O N N 5g) - 2011 -A -18 - Zahra Assadian 1753 Ridge Road West, East P... Page 122 of 127 5g) - 2011 -A -18 - Zahra Assadian 1753 Ridge Road West, East P... 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