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07 21 2011 C of A Minuteshr�uul Fh•riktEic, lxriliu,�� 1=rNur4 Thursday, July 21, 2011 Present: Larry Tupling, Chair Bruce Chappell Scott Macpherson Allan Johnson Roy Hastings 10:02 a.m. Staff present: Steven Farquharson, Secretary Treasurer /Intermediate 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. CA110721 -1 Moved by Macpherson, Seconded by Hastings It is recommended that the agenda for the Committee of Adjustment meeting of Thursday, July 21, 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, June 16, 2011. Motion No. CA110721 -2 Moved by Chappell, Seconded by Johnson It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, June 16, 2011 be adopted as printed and circulated. Carried. THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers Page 1 of 9 Committee of Adjustment Minutes — July 21, 2011 5. PUBLIC MEETINGS: 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. Jim Middaugh and Jody Triebmann, agents, were present. Motion No. CA110721 -3 Moved by Chappell, Seconded by Johnson It is recommended that the Committee of Adjustment approves Consent Application 2011 -B -06 subject to the following conditions: 1. That three copies of a Reference Plan for the subject land indicating the severed parcels be prepared by an Ontario Land Surveyor be submitted to the Secretary- Treasurer; 2. That the applicant pay $ 2,000.00 for each lot created as cash -in -lieu of a parkland contribution; 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 all municipal taxes be paid to the Township of Oro - Medonte; and, 5. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. 6. That variance applications 2011 -A -08 and 2011 -A -09 be approved. 7. And That the minimum lot area for the severed lands have a lot area of no less than 0.08 hectares. Defeated. Motion No. CA110721 -4 Moved by Macpherson, Seconded by Hastings It is recommended that the Committee of Adjustment denies Variance Application 2011 -A -08, for relief from the minimum required lot frontage, lot area and the minimum first storey floor area for a dwelling in the Shoreline Residential (SR) Zone provisions of Zoning By -law 97 -95, due to Consent Application 2011 -B -06 failing. Therefore Variance Application 2011 -A -08 does not satisfy the test of the Planning Act. It is recommended that the Committee of Adjustment denies Variance Application 2011 -A -09, for relief from the minimum required lot frontage, and lot area in the Shoreline Residential (SR) Zone provisions of Zoning By -law 97 -95, due to Consent Application 2011 -B -06 failing. Therefore Variance Application 2011 -A -09 does not satisfy the test of the Planning Act. Carried. Page 2 of 9 Committee of Adjustment Minutes — July 21, 2011 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). Christopher Frank, applicant, was present. Motion No. CA110721 -5 Moved by Hastings, Seconded by Macpherson It is recommended that the Committee of Adjustment approves Variance Application 2011 - A -19, specifically, for the construction of a deck to the rear of an existing dwelling, subject to the following 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. 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 — July 21, 2011 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). John Clarke, agent, was present. Motion No. CA110721 -6 Moved by Macpherson, Seconded by Johnson It is recommended that the Committee of Adjustment approves Variance Application 2011 - A -21, specifically, for the construction of an addition and deck to the rear of an existing dwelling, subject to the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying in writing: 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. 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 4 of 9 Committee of Adjustment Minutes — July 21, 2011 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). Greg Bell, applicant, was present. Motion No. CA110721 -7 Moved by Macpherson, Seconded by Johnson It is recommended that the Committee of Adjustment approves Variance Application 2011 - A-20, specifically, 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, subject to the following 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 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. 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 by the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 5of9 Committee of Adjustment Minutes —July 21, 2011 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). Garry and Marie Potter, applicants, were present. Correspondence received July 20, 2011 from Garry Potter was received by the Committee. Mr. Potter provided a detailed overview of his submission. Correspondence dated July 20, 2011 from Clive Algie and Julie Parna was received by the Committee. Mr. Algie provided a detailed overview of their submission. Kevin Horner expressed concerns over the changes to the original submission without notice to the neighbours, the height of the new proposal and the height of the proposed doors. Rusty and Kelly Hastings expressed concerns that the drawings provided by the applicant were not to scale, that allowing a garage to be built without a home on the property would allow future owners the opportunity to operate a commercial establishment, and that the proposal would lower adjacent property values. Glen Stangl reiterated Mr. Horner's concerns, added that the approval could create the requirements of variances for any future house or septic to be built on the property, and that the proposal would result in the view from his property to go from a view of open space to a view of a massive wall. Walter Stapiak noted that the proposal would allow for the storage and repair of motor vehicles which is not conducive to a residential area and reiterated the Hastings' concern of future commercial use. Page 6 of 9 Committee of Adjustment Minutes — July 21, 2011 Motion No. CA110721 -8 Moved by Johnson, Seconded by Macpherson It is recommended that the Committee of Adjustment approves Variance Application 2011 - A-17, specifically, being to grant an increase in maximum floor area for a detached accessory building from 70 square metres to 92 square metres, increase the maximum height from the required 4.5 metres to 4.9 metres and increase the maximum allowable lot coverage from 5 percent to 6.6 percent subject to the following conditions: 1. That notwithstanding Section 5.1.4, 5.1.5 and 5.1.6 of Zoning By -law 97 -95, the structure shall otherwise comply with all other provisions for detached accessory buildings, as required under Section 5 of the Zoning By -law; 2. That the floor area of the detached accessory building not exceed approximately 92.0 square metres; 3. That the setbacks be in conformity with the dimensions as set out in the application and on the sketch submitted with the application and approved by the Committee; 4. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying in writing that: a. The floor area of the detached accessory building not exceed approximately 92.0 square metres; b. The height of the detached accessory building be no greater than approximately 4.9 metres. 5. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee's decision becomes final and binding, as provided for within the Planning Act R.S.O. 1990, c.P. 13. 6. And That the applicants verify the size and location of the existing septic system to the satisfaction of the Townships Chief Building Official. Carried. Page 7 of 9 Committee of Adjustment Minutes — July 21, 2011 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). Adrian Cammaert, agent, was present. Motion No. CA110721 -9 Moved by Hastings, Seconded by Johnson It is recommended that the Committee of Adjustment defers Variance Application 2011 -A- 16, at the request of the Lake Simcoe Region Conservation Authority. Carried. 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). Phil Lamadeleine, agent, and Zahra Assadian, applicant, were present. Motion No. CA110721 -10 Moved by Hastings, Seconded by Johnson It is recommended that the Committee of Adjustment defers Variance Application 2011 -A- 18, at the request of the Lake Simcoe Region Conservation Authority. Carried. 6. NEW BUSINESS: None. 7. NOTICE OF MOTION: None. Page 8 of 9 Committee of Adjustment Minutes — July 21, 2011 8. NEXT MEETING DATE: The next meeting date was rescheduled to the original meeting date of Thursday, August 18, 2011 at 10:00 a.m. 9. ADJOURNMENT: a) Motion to Adjourn. Motion No. CA1 10721 -1 1 Moved by Macpherson, Seconded by Hastings It is recommended that we do now adjourn at 1:04 p.m. Carried. L rry Tupling, 041air Steven Farq rson, Secretary Treasurer Page 9of9