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06 16 2011 C of A MinutesTHE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Thursday, June 16, 2011 Present: Larry Tupling, Chair Bruce Chappell Scott Macpherson Allan Johnson Roy Hastings Time: 10:07 a.m. Staff present: Steven Farquharson, Secretary Treasurer /Intermediate Planner Alan Wiebe, Planner Marie Brissette, Deputy Secretary Treasurer /Committee Coordinator 1. OPENING OF MEETING: Larry Tupling assumed the Chair and called the meeting to order. 2. ADOPTION OF THE AGENDA: a) Motion to Adopt the Agenda Motion No. CA1 10616 -1 Moved by Hastings, Seconded by Macpherson It is recommended that the agenda for the Committee of Adjustment meeting of Thursday, June 16, 2011 be received and adopted. Carried. 3. DISCLOSURE OF PECUNIARY INTEREST: None declared. 4. ADOPTION OF MINUTES: 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 Committee of Adjustment Minutes — June 16, 2011 5. PUBLIC MEETINGS: a) 2010 -A -18 - Robert E. Drury 170 Line 1 North, Part East' /2 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 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 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 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 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 5 of 7 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 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. Carried. 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. Carried. arr ling, C air Steven arson, Secretary Treasurer Page 7 of 7