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12 16 2010 C of A Minutes( 9;1111Ship t ,ff e dr onte, Proud Heritage, Exciting Future Thursday, December 16, 2010 Time: 9:38 a.m. Present: Staff present: Bruce Chappell, Chair Roy Hastings Garry Potter THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Lynda Aiken Michelle Lynch Steven Farquharson, Secretary Treasurer /Intermediate Planner Alan Wiebe, Planner Marie Brissette, Deputy Secretary Treasurer /Committee Coordinator 1. OPENING OF THE MEETING BY THE CHAIR Bruce Chappell assumed the Chair and called the meeting to order. 2. ADOPTION OF AGENDA a) Motion to adopt the agenda. Motion No. CA101216 -1 Moved by Potter, Seconded by Hastings It is recommended that the agenda for the Committee of Adjustment meeting of Thursday, December 16, 2010 be received and adopted. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST None. 4. ADOPTION OF MINUTES a) Minutes of Committee of Adjustment meeting held on November 18, 2010. Motion No. CA101216 -2 Moved by Hastings, Seconded by Lynch It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, November 18, 2010 be adopted as presented. Carried. Page 1 of 9 Committee of Adjustment Minutes — Thursday, December 16, 2010 d) 2010 -A -41 - Karen Baldock 33 Owen Road, Plan 626, Lot 45 Relief from minimum front yard setback (for deck), minimum front yard setback (for stairs), minimum interior side yard setback (for new /proposed deck and stairs) and minimum interior side yard setback (for previously existing deck). Karen Baldock and Jeff Waters, applicants, were present. Motion No. CA101216 -6 Moved by Potter, Seconded by Lynch It is recommended that the Committee of Adjustment grants Variance Application 2010 -A- 41, to provide relief from Zoning By -law 97 -95 to permit the construction and /or existence of a deck and stairs on the subject property, as indicated above, subject to the following conditions: 1. That the setbacks from the front and interior side lot line to the south for the deck and stairs be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by way of survey /real property report that the distances between the deck and stairs, and the respective lot lines be no less than approximately the following: a. 1.3 metres from the front lot line for the deck; b. 1.71 metres from the front lot line for stairs; and c. 2.47 metres from the interior side lot line to the south for the stairs. 3. That the Clerk's Office at the Township of Oro - Medonte be consulted with respect to any proposed work to the existing deck and stairs extending beyond the interior side lot line to the south; 4. That the applicant obtain any permits and /or approvals, if required, from Lake Simcoe Region Conservation Authority; 5. 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 5 of 9 Committee of Adjustment Minutes — Thursday, December 16, 2010 5. PUBLIC MEETINGS: a) 2010 -B -34 - Don and Sherry Hubbert West Part Lot 24, Concession 9, RP 51 R- 15894, Part 1 Permit a lot addition /boundary adjustment. Don Hubbert, applicant, was present. Motion No. CA101216 -3 Moved by Aiken, Seconded by Hastings It is recommended that the Committee of Adjustment grants provisional approval for Consent Application 2010 -B -34 is to permit a lot addition /boundary adjustment, subject to the following conditions: 1. That three copies of a Registered Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 2. That the severed lands be merged in title with PCL 25 -1, SEC 51- Oro- 9; PT LT 25, CON 9 ORO PT 2, 51 R -3545; Oro - Medonte and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. That the applicant apply to the Township to have the subject lands placed under a Holding Provision, which is not to be removed until an Environmental Impact Study is submitted as part of the Site Plan Control application; 6. And That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. Page 2 of 9 Committee of Adjustment Minutes — Thursday, December 16, 2010 b) 2010 -A -33 - Suzanne Caudry 15 Pemberton Lane, Range 1, East Part Lot 1, Part 7 Relief from maximum total area of deck and boathouse. Zarum, applicant and Bill Tompson, builder, were present. Christopher Guest, neighbour, read out his letter of objection dated December 16, 2010. Motion No. CA101216 -4 Moved by Lynch, Seconded by Hastings It is recommended that the Committee of Adjustment grants Variance Application 2010 -A- 33, to provide relief from Zoning By -law 97 -95 to permit the construction and /or existence of a boathouse and attached decks that occupy a total area of approximately 147 square metres (1,580 square feet) on the subject property, subject to the following conditions: 1. That an Ontario Land Surveyor provide confirmation to the Township of compliance with the Committee's decision by verifying in writing by way of survey /real property report that total area occupied by the boathouse and attached decks not exceed approximately 147 square metres; 2. That the owner of the property at 15 Pemberton Lane (Range 1, East Part Lot 1, Part 7) apply, and obtain approval from Council for the Township, for the appropriate revisions to the Site Plan Agreement passed by By -Law 2010 -007 for the construction and /or existence of a boathouse and attached decks occupying a total area of approximately 147 square 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 9 Committee of Adjustment Minutes — Thursday, December 16, 2010 c) 2010 -A -38 - Donald Leroux Part of Lot 10, Concession 8, North Side of Mount Saint Louis, East of Highway 400 Relief from maximum floor area and timing of construction. No one was present on behalf of the application. Dwight Holm, neighbour, objected to the proposed building being built before a home. Motion No. CA101216 -5 Moved by Potter, Seconded by Aiken It is recommended that the Committee of Adjustment denies Variance application 2010 -A- 38, being to allow an agricultural use on lands with a lot area of Tess than 2.0 hectares for the construction of an agricultural building, as it does not appear to meet the four tests of the Planning Act. Carried. Page 4 of 9 Committee of Adjustment Minutes — Thursday, December 16, 2010 d) 2010 -A -41 - Karen Baldock 33 Owen Road, Plan 626, Lot 45 Relief from minimum front yard setback (for deck), minimum front yard setback (for stairs), minimum interior side yard setback (for new /proposed deck and stairs) and minimum interior side yard setback (for previously existing deck). Karen Baldock and Jeff Waters, applicants, were present. Motion No. CA101216 -6 Moved by Potter, Seconded by Lynch It is recommended that the Committee of Adjustment grants Variance Application 2010 -A- 41, to provide relief from Zoning By -law 97 -95 to permit the construction and /or existence of a deck and stairs on the subject property, as indicated above, subject to the following conditions: 1. That the setbacks from the front and interior side lot line to the south for the deck and stairs be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by way of survey /real property report that the distances between the deck and stairs, and the respective lot lines be no less than approximately the following: a. 1.3 metres from the front lot line for the deck; b. 1.71 metres from the front lot line for stairs; and c. 2.47 metres from the interior side lot line to the south for the stairs. 3. That the Clerk's Office at the Township of Oro - Medonte be consulted with respect to any proposed work to the existing deck and stairs extending beyond the interior side lot line to the south; 4. That the applicant obtain any permits and /or approvals, if required, from Lake Simcoe Region Conservation Authority; 5. 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 5 of 9 Committee of Adjustment Minutes — Thursday, December 16, 2010 e) 2010 -A -44 - McDougall Auto Wreckers 328 Line 14 North, Part Lot 14, Concession 14 Relief from fence height deemed not to be a structure. James Doherty, agent, was present. Motion No. CA101216 -7 Moved by Hastings, Seconded by Lynch It is recommended that the Committee of Adjustment grants Variance Application 2010 -A- 44, to permit the construction of a fence on the subject property standing 2.44 metres above grade while being deemed not to be a structure, subject to the following conditions: 1. That the proposed fence be constructed entirely on the subject property, and that no portion of the proposed fence exceed approximately 2.44 metres in height above grade; 2. That an Ontario Land Surveyor provide verification to the Township, in writing, of compliance with the Committee's decision that: a. No portion of the proposed fence exceed approximately 2.44 metres in height above grade, and b. The proposed fence is constructed entirely within the lot lines of the subject property. 3. That the applicant obtain any permits and /or approvals, if required, from Lake Simcoe Region Conservation Authority, if applicable; 4. And That any appropriate zoning certificate(s) and building permit(s), if applicable, be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 6 of 9 Committee of Adjustment Minutes — Thursday, December 16, 2010 f) 2010 -B -33 - Fraser Hardy McConney 170 15/16 Sideroad East, Concession 8, Lot 16 Technical severance to create a lot which once existed as a separate parcel of land. Fraser McConney, applicant and Shirley Partridge, agent, were present. Motion No. CA10116 -8 Moved by Aiken, Seconded by Lynch It is recommended that the Committee of Adjustment grants Consent application 2010 -B -33, to create a lot which once existed as a separately conveyable parcel of land, subject to the following conditions: 1. That three copies of a Registered Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor and submitted to the Secretary- Treasurer of the Committee of Adjustment; 2. That the applicant pay $2,000 for the lot created as a cash -in -lieu of parkland contribution; 3. That the applicant provide, in the form of sworn or affirmed affidavit, confirmation that the merging of the Road Allowance Between the East Half of Lots 15 and 16, "PART 3" with the previously existing parcel, in 2000, "was unintentional and was not merged as a requirement as a previous planning approval" (per to Section D2.2.3 b of the Official Plan); 4. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 5. That the legal description and the parcel description of the recreated parcels be identical to that contained in the original deed and must be so designated on a Registered Reference Plan to be provided by the Applicant; 6. That all municipal taxes be paid to the Township of Oro - Medonte; 7. 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 7 of 9 Committee of Adjustment Minutes — Thursday, December 16, 2010 g) 2010 -B -35 - Granite Hill Forestry Inc. Block B, Plan 1650, and Block C, Plan M29 Permit a lot addition /boundary adjustment. John Quick and Richard Roy, applicants were present. Motion No. CA101216 -9 Moved by Hastings, Seconded by Lynch It is recommended that the Committee of Adjustment grants provisional approval for Consent Application 2010 -B -35 is to permit a lot addition /boundary adjustment. The subject land is Part of Block B, Plan 1650, having a depth of approximately 18 metres and an area of approximately 0.15 hectares. The subject lands are proposed to be added to the adjacent lands to the south (22 Snowshoe Trail), subject to the following conditions: 1. That three copies of a Registered Reference Plan for the subject land indicating the severed parcel be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 2. That the severed lands be merged in title with 22 Snowshoe Trail and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject lands; 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 4. That the applicants solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 5. 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 8 of 9 Committee of Adjustment Minutes — Thursday, December 16, 2010 6. NEW BUSINESS: None. 7. NEXT MEETING DATE To be determined. 8. ADJOURNMENT a) Motion to adjourn. Motion No. CA101216 -9 Moved by Potter, Seconded by Hastings It is recommended that we do now adjourn at 12:33 p.m. Bruce Chappell, Chair Steven Farquharson, Secretary Treasurer Carried. Page 9 of 9