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09 15 2011 C of A MinutesThursday, September 15, 2011 THE TOWNSHIP OF ORO- MEDONTE COMMITTEE OF ADJUSTMENT MEETING MINUTES Council Chambers 10:02 p.m. Present: Larry Tupling, Chair Allan Johnson Bruce Chappell Roy Hastings Scott Macpherson 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. CA110915 -1 Moved by Macpherson, Seconded by Hastings It is recommended that the agenda for the Committee of Adjustment meeting of Thursday, September 15, 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, August 18, 2011. Motion No. CA110915 -2 Moved by Macpherson, Seconded by Johnson It is recommended that the minutes of the Committee of Adjustment meeting of Thursday, August 18, 2011 be adopted as printed and circulated. Carried. Page 1 of 9 Committee of Adjustment Minutes — September 15, 2011 5. PUBLIC MEETINGS: a) 2011 -A -16 (Revised) -Doug Austgarden and Michelle Cellucci 191 Lakeshore Road West, Plan 807, Lot 27 (Former Township of Oro) Relief from maximum total area of deck and boathouse. Doug Austgarden, applicant, Ron Clark, contractor, Adrian Cammaert, Planner, were present. Motion No. CA110915 -3 Moved by Chappell, Seconded by Macpherson It is recommended that the Committee of Adjustment approves Variance Application 2011 -A- 16 Revised, specifically, to construct a deck and boathouse having a total combined area of 103 square 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) That the total floor area of the boathouse and deck not exceed approximately 103 square metres. 2. That notwithstanding Section 5.7 (b), that the boathouse complies with all provisions of Section 5.6 and 5.7 of Zoning By -law 97 -95 as amended. 3. That the proposed boathouse and deck be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 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 by the Planning Act R.S.O. 1990, c.P. 13. Carried. Page 2 of 9 Committee of Adjustment Minutes — September 15, 2011 b) 2011 -A -18 - Zahra Assadian 1753 Ridge Road West, East Part of Lot 28, Concession 3, RP 51 R28760 Parts 5 U (Former Township of Oro) Relief from maximum height for boathouse. Zahra Assadian, applicant, Gary Luhowy, agent, and Phil Lamadeleine, contractor, were present. Eleanor Lyons, neighbour, noted her support for the application. Motion No. CA110915 -4 Moved by Macpherson, Seconded by Chappell It is recommended that the Committee of Adjustment denies Variance Application 2011 -A -18, as the Variance does not satisfy the four test of the Planning Act. Carried. c) 2011 -A -24 -Sharon Lempriere 59 Lakeshore Road East, Plan 798, Lots 38 and 39 Relief from maximum lot coverage of all detached accessory buildings and structures on a lot. Kim Lempriere, agent, was present. Motion No. CA110915 -5 Moved by Hastings, Seconded by Johnson It is recommended that the Committee of Adjustment approves Variance Application 2011 -A- 24, specifically to permit the construction of detached accessory building on the subject property, where the area of the lot being occupied by all detached accessory buildings and structures is approximately 6.2 per cent, subject to the following conditions: 1. That, notwithstanding Section 5.1.5 of Zoning By -law 97 -95, the detached accessory buildings and structures on the lot shall otherwise comply with all other applicable provisions of the Zoning By -Law for detached accessory buildings. 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by verifying, in writing, percentage of the subject lot covered by all detached accessory buildings and structures does not exceed approximately 6.2 percent. 3. That the buildings and structures on the property be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee. 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 — September 15, 2011 d) 2011 -A -25 -Annette and Anthony Katarynch 38 Highland Drive, 51 M -720, Lot 6 (Former Township of Oro) Relief from minimum required interior side yard setback. Annette Katarynch, applicant, was present. Motion No. CA110915 -6 Moved by Macpherson, Seconded by Johnson It is recommended that the Committee of Adjustment approves Variance Application 2011 -A- 25, being for the construction of a deck onto the side of an existing dwelling, which is proposed to be approximately 1.23 metres from the interior lot line, subject the following conditions: 1. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by pinning the footing and 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 1.23 metres from the interior side lot line. 2. 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 — September 15, 2011 e) 2011 -A -26 -Marc and Anna Francis 16 Slalom Drive, Plan 1650, Lot 23 Relief from minimum required front yard. Marc Francis, applicant, was present. David Germaine, neighbour, noted his support for the application Motion No. CAI 10915-7 Moved by Macpherson, Seconded by Hastings It is recommended that the Committee of Adjustment approves Variance Application 2011 -A- 26, being for the construction of an attached garage having a floor area of approximately 83.6 square metres, which is proposed to be 5.0 metres from the front lot line. Subject the following conditions: 1. That the setbacks be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 2. 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. 3. And That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee's decision by pinning the footing and verifying in writing prior to pouring of the foundation by way of survey /real property report that the proposed attached garage be located no closer than 5.0 metres from the front lot line. Carried. Page 5 of 9 Committee of Adjustment Minutes — September 15, 2011 f) 2011 -B -19 -John and Marilyn Crosby Concession 13, West Part Lot 5 Boundary adjustment/lot addition. John Crosby, applicant, and Philip Trilsbeck, real estate agent, were present. Brian O'Neil, neighbour, noted his support of the application. Motion No. CA110915 -8 Moved by Johnson, Seconded by Hastings It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2011 -B -19, for a 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, with an area of approximately 3.25 acres, be merged in title with the property at 4013 Line 12 North, and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject land. 3. That the applicant's solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality. 4. That the applicant's 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 6 of 9 Committee of Adjustment Minutes — September 15, 2011 g) 2011 -B -20 - Doug and Caroline Murphy 2 Colborne Street, Plan 1, Part Lots 15 & 16 Create a new residential lot. Consent Application 2011 -B -20 is to be considered in conjunction with Variance Application 2011 -A -27. 2011 -A -27 - Doug and Caroline Murphy 2 Colborne Street, Plan 1, Part Lots 15 & 16 Relief from proposed retained lands and proposed severed lands. Variance Application 2011 -A -27 is to be considered in conjunction with Consent Application 2011 -B -20. Doug Murphy, applicant, and James Murphy, son of applicant, were present. Motion No. CA110915 -9 Moved by Hastings, Seconded by Johnson It is recommended that the Committee of Adjustment grants provisional approval to Consent Application 2011 -B -20, for the creation of a new residential lot, subject to the following conditions: 1. That, in conjunction with Consent Application 2011 -B -20, Variance Application 2011 -A -27 be approved. 2. That the conditions stated in the letter from staff for the County of Simcoe, dated September 9, 2011, be completed (as contained on page 3 of 3 of this Notice of Decision). 3. That three copies of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary- Treasurer. 4. That the retained lands have a lot area of approximately 0. 18 hectares (prior to the transfer of land to the County of Simcoe). 5. That the severed lands have a lot area of approximately 0. 15 hectares. 6. That the applicant's solicitor prepares and submits a copy of the proposed conveyance for the parcel severed, for review by the Municipality. 7. That the applicant pays $ 2,000.00 for the lot created as cash -in -lieu of a parkland contribution. 8. That all municipal taxes be paid to the Township of Oro - Medonte. 9. 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 7of9 Committee of Adjustment Minutes — September 15, 2011 Motion No. CA110915 -10 Moved by Chappell, Seconded by Macpherson It is recommended that the Committee of Adjustment approves Variance Application 2011 -A- 27, specifically, to permit the creation of a new residential lot with an area of approximately 0. 15 hectares, where the retained lands would have a lot area of approximately 0. 18 hectares, subject to the following conditions: A. That Ontario Land Surveyor verification be provided that: i. The proposed retained lands have a lot area of approximately 0. 18 hectares (prior to the transfer of land to the County of Simcoe); ii. The proposed severed lands have a lot area of approximately 0. 15 hectares; iii. The existing dwelling and any attached deck(s) on the lands to be retained (2 Colborne Street), be located no closer to the rear lot line of the retained lands (or lot) than 7.5 metres; and iv. Any architectural feature(s) attached to the existing dwelling and /or deck(s) on the lands to be retained (2 Colborne Street), not encroach into the minimum required yard of 7.5 metres a distance of any more than 1.0 metre. Carried. Page 8 of 9 Committee of Adjustment Minutes — September 15, 2011 6. NEW BUSINESS: a) Correspondence dated August 29, 2011 from Joanne Hayes, Ontario Municipal Board, re: OMB Hearing, 2011 -B -09 (Crawford). Steven Farquharson, Secretary Treasurer advised that OMB has since granted an adjournment request. Motion No. CA110915 -11 Moved by Chappell, Seconded by Hastings It is recommended that the correspondence dated August 29, 2011 from Joanne Hayes, Ontario Municipal Board and verbal update provided by Steven Farquharson, Secretary Treasurer, re: OMB Hearing, 2011 -B -09 (Crawford) be received. Carried. 7. NOTICE OF MOTION: None. 8. NEXT MEETING DATE: Thursday, October 20, 2011 at 10:00 a.m. 9. ADJOURNMENT: a) Motion to Adjourn. Motion No. CAI 10915-12 Moved by Johnson, Seconded by Macpherson It is recommended that we do now adjourn at 12:46 p.m. Carried. .. LarrOupling, C air Steven Far son, ecretary Treasurer Page 9 of 9